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

Vol. 150 WASHINGTON, THURSDAY, MAY 6, 2004 No. 62 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE ed, the Chair, on behalf of the Vice called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the President, appoints the following Sen- pore (Mr. FOSSELLA). gentleman from Utah (Mr. MATHESON) ators as members of the Senate Delega- tion to the North Atlantic Treaty Or- f come forward and lead the House in the Pledge of Allegiance. ganization Parliamentary Assembly DESIGNATION OF THE SPEAKER Mr. MATHESON led the Pledge of Al- during the Second Session of One Hun- PRO TEMPORE legiance as follows: dred Eighth Congress— Senator ERNEST F. HOLLINGS of The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the fore the House the following commu- United States of America, and to the Repub- South Carolina; and nication from the Speaker: lic for which it stands, one nation under God, Senator ZELL MILLER of Georgia. indivisible, with liberty and justice for all. The message also announced that WASHINGTON, DC, pursuant to sections 276h–276K of title May 6, 2004. f 22, United States Code, as amended, the I hereby appoint the Honorable VITO MESSAGE FROM THE SENATE FOSSELLA to act as Speaker pro tempore on Chair, on behalf of the Vice President, this day. A message from the Senate by Mr. appoints the Senator from New Mexico J. DENNIS HASTERT, Monahan, one of its clerks, announced (Mr. BINGAMAN) a member of the Sen- Speaker of the House of Representatives. that the Senate has passed a joint reso- ate Delegation to the Mexico-United f lution of the following title in which States Interparliamentary Group con- the concurrence of the House is re- ference during the Second Session of PRAYER quested: the One Hundred Eighth Congress. The Reverend Joseph V. Brennan, St. S.J. Res. 34. Joint resolution designating f Linus Church, Norwalk, California, of- May 29, 2004, on the occasion of the dedica- ANNOUNCEMENT BY THE SPEAKER tion of the National World War II Memorial, fered the following prayer: PRO TEMPORE Dear Lord, in many and varied ways as Remembrance of World War II Veterans Day. You have been compared to a shepherd The SPEAKER pro tempore. The The message also announced that who carefully watches over his flock. Chair will entertain 10 one-minute pursuant to section 637, title VI of Pub- You shepherd us by example, Lord, speeches per side. lic Law 108–199, the Chair, on behalf of seeking out those who are lost and pro- f the Majority Leader, appoints the fol- tecting the flock with Your very life. lowing individual to serve as member WELCOMING REVEREND JOSEPH V. So lead us and guide us this day to pas- of the Helping to Enhance the Liveli- BRENNAN tures of truth, goodness, and justice. hood of People (HELP) Around the (Mrs. NAPOLITANO asked and was Guide our feet into the way of peace. Globe Commission: given permission to address the House Bless these chosen ones in this Dr. Marty LaVor of Virginia. for 1 minute and to revise and extend House. Give them wisdom and the spir- The message also announced that her remarks.) it of courage and of right judgment. pursuant to Public Law 100–175, as Mrs. NAPOLITANO. Mr. Speaker, I Bless the work of their hearts and amended by Public Laws 102–375, 103– rise to pay homage and recognize our hands and keep our beautiful country 171, and 106–501, the Chair, on behalf of guest chaplain today, a gentleman who always in Your loving and tender arms. the Majority Leader, after consultation has been our pastor in our church for We ask all of this with confidence in with the members of the Committee on the last 12 years. Your love for You live and reign for- Health, Education, Labor, and Pen- He was born in the San Fernando ever and ever. Amen. sions, and the Committee on Aging, ap- Valley in California on March 20, 1954, f points the following individuals as the ninth out of 10 children to Roger members of the Policy Committee to and Helen Brennan of Van Nuys. He THE JOURNAL the White House Conference on Aging— was born again through Sacrament of The SPEAKER pro tempore. The the Senator from Iowa (Mr. GRASS- Baptism on April 18, 1954, celebrating Chair has examined the Journal of the LEY); and this year 50 years as a Catholic. last day’s proceedings and announces the Senator from Idaho (Mr. CRAIG). This June 21 he will be celebrating to the House his approval thereof. The message also announced that in his 24 years as a priest. He graduated Pursuant to clause 1, rule I, the Jour- accordance with sections 1928a–1928d of from St. John’s Seminary College in nal stands approved. title 22, United States Code, as amend- 1976. He was ordained as a priest from

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

H2659

.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.000 H06PT1 H2660 CONGRESSIONAL RECORD — HOUSE May 6, 2004 St. John’s Seminary Theologate in 1980 surprise that our seniors are having PRIORITIES OF THE HOUSE and is a priest in good standing with problems utilizing it. (Mr. EMANUEL asked and was given the Archdiocese of Los Angeles. He The Houston Chronicle recently pub- permission to address the House for 1 served with Cardinal Roger Mahony at lished an article about how confusing minute and to revise and extend his re- the old Cathedral Church of St. this discount card is for seniors. The marks.) Vibiana for 5 years. article found the discount card more Mr. EMANUEL. Mr. Speaker, since His current assignment, we are sorry confusing than preparing your income April 1 this body has been in session 11 to see him go because he has brought taxes or dealing with an insurance days. In those 11 days of legislative ac- our parish together and is adored by all company regarding a hospital bill. tivity, we have named eight post of- of the children of the school and those With great fanfare on Friday, Medi- fices and other Federal buildings, au- that go to our church, will be assigned care released a Web site to provide sen- thorized the use of the Capitol grounds as pastor of Holy Trinity Church in iors with the ability to compare drug for the Soap Box Derby, congratulated San Pedro on July 1. We are very prices. The problem is a lot of our sen- the University of Connecticut, the Uni- happy he was able to spend some time iors do not have access to the Web site versity of Denver and Kennesaw State with us today and offer the blessings to or are not proficient. for their sports achievements. the House. Even if seniors are willing to go Mr. Speaker, since April 1, 163 sol- Mr. Speaker, I thank you very much through the steps, it is so confusing diers died in Iraq, bringing the total to for allowing Father Brennan to give that our seniors cannot make a truly 767. the morning prayer, and I thank Fa- informed choice. Yesterday, the administration an- ther Brennan for the ability to be here The story, unfortunately, gets worse nounced that it will keep our current and our resident chaplain for allowing for our seniors. They spend time and troop level through 2005, and that we him to be here. energy and brain power and choose the will need another $25 billion on top of the $112 billion already spent. f best card, and seniors are not even guaranteed that the company will hold But while we name post offices and REMOVAL OF NAME OF MEMBER up their end of the bargain. The com- congratulate sports teams, our con- AS COSPONSOR OF H.R. 1078 pany has no obligation to maintain its stituents are asking us the whys and the hows of Iraq. When the chairman of Mr. KING of Iowa. Mr. Speaker, I ask advertised price that is on that Web the Committee on Armed Services and unanimous consent to have my name site or even carry those drugs for the the majority leader refuse to hold hear- removed as a cosponsor of H.R. 1078. full year. And yet our seniors, once they sign up, are stuck for that full ings, they are failing America. The SPEAKER pro tempore. Is there As President Kennedy once said, ‘‘An year. Also, if they do not sign up now, objection to the request of the gen- error does not become a mistake until then they lose their benefits. They get tleman from Iowa? you refuse to correct it. Without de- penalized if they do not sign up now. It There was no objection. bate, without criticism, no administra- is a flawed bill, and it is causing prob- f tion and no country can succeed, and lems now. no republic can survive.’’ SUPPORT OUR TROOPS Mr. Speaker, to govern is to choose. (Mr. SAM JOHNSON of Texas asked f We can name post offices, or we can and was given permission to address ask the hard questions about the direc- the House for 1 minute and to revise WINNABLE WAR tion of our country, and we might even and extend his remarks.) (Mr. HAYWORTH asked and was be able to do both in this House. Mr. SAM JOHNSON of Texas. Mr. given permission to address the House f Speaker, this morning the news indi- for 1 minute and to revise and extend WHATEVER IT TAKES cates that some of our Democrats have his remarks.) politicized the war in Iraq. It is a war Mr. HAYWORTH. Mr. Speaker, I give (Mr. TIAHRT asked and was given against terrorism. We have got to sup- thanks that we serve in a Chamber permission to address the House for 1 port our troops. Our Secretary of De- where we can champion differences of minute and to revise and extend his re- fense is doing a super job. opinion. Yet I rise really more in sor- marks.) The question is, are we here in the row than in anger to see the headline Mr. TIAHRT. Mr. Speaker, the book United States of America as citizens in today’s Roll Call newspaper, the sen- on terrorism has a chapter in it called going to support them to the hilt? ior Member from the other side of the ‘‘Iraq.’’ You cannot close the book on When I was in Vietnam as a POW, we aisle now calls our war effort in Iraq terrorism until you close the chapter were scared to death that the United ‘‘unwinnable.’’ on Iraq. It saddens me that the Democrat States was going to turn on us, politi- Mr. Speaker, our troops in uniform leaders have now joined the ranks of cize it and end it without getting us do not wear their political registra- the French and Spanish in calling the out. tions on their sleeves. They are Ameri- war in Iraq unwinnable. That is not They did get us out of Vietnam, but cans representing all over America. I what our troops told me when I visited they did not get all of our people out of would caution those even as I embrace them in Iraq. I asked a soldier what did Cambodia and Laos, and it was because the right to dissent. I would caution he think about being in Iraq where all of the peaceniks who did not believe we those who choose to blame America the terrorists are congregating from could win. first even in the wake of the challenges We have to support our troops. Our around the Middle East. we see now with the abuses that are He said, this is where we ought to be. freedom, our Nation, our liberty de- being found out and the people are pend on it. God bless the United States. He said, this is the only place in the going to be punished and punished and globe where every American carries a f brought to justice from our side. gun. I would caution those who would A PRESCRIPTION FOR CONFUSION That war is winnable. We must sup- paint with a broad brush every member port our troops. We must do like the (Mr. GREEN of Texas asked and was of our military. I would caution those firemen in New York City said on Sep- given permission to address the House who would attempt now for political tember 12 when they spoke to the for 1 minute and to revise and extend reasons to snatch defeat from the jaws President: do whatever it takes. We his remarks.) of victory. It is not becoming this Na- must do whatever it takes to win, and Mr. GREEN of Texas. Mr. Speaker, I tion. It does not well serve our men we will win. rise this morning to discuss the ex- and women in uniform. And even as I God bless America. treme frustration that our senior citi- defend the right to dissent, I disagree f zens are experiencing in applying for in the strongest possible terms with this Medicare discount card. those who attempt to politicize this MISMANAGED WAR This card was created from a flawed conflict and, in essence, place in jeop- (Mr. BLUMENAUER asked and was Medicare prescription bill, so it is no ardy our men and women in uniform. given permission to address the House

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.003 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2661 for 1 minute and to revise and extend no plan; and the fact that a Member candidate running for the presidency of his remarks.) has finally stood up and said what ev- the United States? Mr. BLUMENAUER. Mr. Speaker, I erybody knows, the emperor has no The SPEAKER pro tempore. Mem- have been listening to my colleagues clothes, it is about time somebody said bers may not personally attack a pre- on the other side of the aisle. The issue that. sumptively nominated candidate but has never been whether or not our My newspaper, the lead editorial this may criticize his policies. troops could win a war. They are the morning is ‘‘Rumsfeld Must Go.’’ He Mr. FILNER. The candidate was per- finest fighting men and women in the laid our people out there in danger. sonally attacked on this floor, and I world, and they can win a war. There is a study out of the Army that ask for his words to be taken down. The issue is the mismanagement of says that a quarter of the people who The SPEAKER pro tempore. The this administration, their inability to have died would not have died if they Clerk will report the words. win the peace. The mismanagement of had provided the proper equipment. b 1030 our war is not the fault of our troops. Now, this was a war of choice. We did It starts with the Secretary of Defense not have to go. Nobody was attacking The Clerk read as follows: who is out of the loop. It is a failure of us. It is clear we were not in danger. ‘‘Now we are all outraged and sad- candor with people in this Congress dened by the photos of mistreatment of b 1015 who have to rely on the The New York- the Iraqi prisoners we have seen on our er magazine to find out things that the They chose a day to go and so they television screens. The abusers will be Administration should have provided went, whether they were ready or not. punished. The commanding officers to our committees. It is a failure of our They did not care about the troops. Our will likely have their careers in ruins, committees to move forward to deal troops are being badly used by rotten but I just want to caution the leaders with the investigations of problems of leadership. They should go. on the other side, indeed candidates supply, of inappropriate activities on f who are running for the highest office the part of contractors, of why there in this land, that this response is remi- SADNESS OVER COMMENTS ON niscent of the response that a can- has been a failure of command that has IRAQ WAR produced the horrific pictures that put didate named KERRY 30 years ago had not just our troops at risk but put at (Mr. BURGESS asked and was given before the Senate committee where he risk any American traveling in the permission to address the House for 1 condemned all of our troops in Viet- Middle East. minute and to revise and extend his re- nam. This is not the case of our brave I think it is time for my colleagues marks.) men and women over in Iraq today.’’ to get a grip and get back to the busi- Mr. BURGESS. Mr. Speaker, this The SPEAKER pro tempore (Mr. ness that we should, as Members of morning it is with a sense of profound FOSSELLA). In the opinion of the Chair, Congress, fulfill our responsibilities, sadness that I address the House of while personal attacks on a presump- not try to play politics. Representatives, and usually it is not tive candidate are not in order, general so. I cherish the time that I have been references to past statements or posi- f able to spend here representing my Dis- tions by such a candidate are not, as STAND UP FOR AMERICA trict. with the reported choice of words, nec- (Mr. BURNS asked and was given Mr. Speaker, my son is a member of essarily prohibited under the rules. permission to address the House for 1 the Air National Guard of the 136th f Wing out of the old Carswell Air Force minute and to revise and extend his re- PARLIAMENTARY INQUIRIES marks.) Base in Dallas. He is a staff sergeant, Mr. BURNS. Mr. Speaker, I am dis- but I picked up the paper this morning Mr. FILNER. Mr. Speaker, par- turbed. I am disturbed by the Demo- like so many of my friends, and we see liamentary inquiry. crats who would suggest that this war that the leaders on the other side have The SPEAKER pro tempore. The gen- in Iraq is unwinnable. I reject that proclaimed the war unwinnable, and I tleman will state his parliamentary in- premise. Nothing could be further from think of all of the brave young men quiry. the truth. We must continue to fight and women that I saw when I was in Mr. FILNER. Mr. Speaker, I am still terrorism wherever it exists in the Iraq two times in the past year, and I not sure where that line is. If I were to world. cannot help but feel a profound sense of say that the Republican candidate for Mr. Speaker, I am convinced that the sadness that they feel that their lead- President misled us into this war, is security of our Nation depends upon ers have abandoned them. that crossing the line? stabilizing Iraq, Afghanistan, the Mid- Now, we are all outraged and sad- The SPEAKER pro tempore. The dle East and bringing peace and free- dened by the photos of mistreatment of Chair will state these guidelines. dom to that region of the world. It is the Iraqi prisoners we have seen on our As the Chair stated on March 11 and time to stand up for America. It is television screens. The abusers will be April 22, 2004, the standards of decorum time to stand firm for freedom. punished. The commanding officers in debate applicable to the President Mr. Speaker, we are blessed to live in will likely have their careers in ruins, are applied against any apparent nomi- the greatest Nation on Earth. but I just want to caution the leaders nee for that office. Thus, although re- God bless America. on the other side, indeed the can- marks in debate may include criticism f didates who are running for the highest of such a candidate’s official positions office in this land, that this response is as a candidate, it is a breach of order RUMSFELD MUST GO reminiscent of the response that a can- to refer to the candidate in terms per- (Mr. MCDERMOTT asked and was didate named KERRY, 30 years ago had sonally offensive, whether by actual given permission to address the House before the Senate committee where he accusation or by mere insinuation. for 1 minute and to revise and extend condemned all of our troops in Viet- Mr. FILNER. Mr. Speaker, further his remarks.) nam. parliamentary inquiry. Mr. MCDERMOTT. Mr. Speaker, Sec- This is not the case of our brave men I am not going to challenge the rul- retary Powell came before the Congres- and women over in Iraq today. ing of the Chair; but if the candidate of sional Black Caucus yesterday. Every f the Democratic Party is accused of Member was there. They asked him, condemning our troops, I find that Are you going to ask for more money? POINT OF ORDER crossing the line, inappropriate and He said, There is no need for more Mr. FILNER. Mr. Speaker, par- wrong. We are allowed, the candidate is money. liamentary inquiry. allowed at Senate hearings to make his Within 2 hours, the President of the The SPEAKER pro tempore (Mr. voice known about the war in Vietnam. United States came on and said, We FOSSELLA). For what purpose does the He did not condemn the troops. I am need $25 billion more money. gentleman from California rise? upset with the ruling of the Chair. Even the Secretary of State is left Mr. FILNER. Do the rules of the The SPEAKER pro tempore. The out of the loop. This government has House allow personal reference to a point of order has been overruled.

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.022 H06PT1 H2662 CONGRESSIONAL RECORD — HOUSE May 6, 2004 HEARINGS ON ABUSE WHO HAS LET OUR TROOPS DOWN? the House for 1 minute and to revise (Mr. OWENS asked and was given (Mr. FILNER asked and was given and extend her remarks.) permission to address the House for 1 permission to address the House for 1 Ms. JACKSON-LEE of Texas. Mr. minute and to revise and extend his re- minute and to revise and extend his re- Speaker, I ask my good friend from marks.) marks.) Georgia how many of the military fam- Mr. OWENS. Mr. Speaker, the House Mr. FILNER. Mr. Speaker, the gen- ilies has he engaged. How many has he should hold hearings on the abuses in tleman says we do not support our asked why there is a blackout on al- the Iraqi prisons. The most powerful troops. The gentleman says we want to lowing America to mourn with them as military machine that the world has cut and run. The gentleman says we their loved ones’ flagged-draped coffins ever seen quickly won the hot war in have let our troops down. come home to America. How many ad- Iraq. It is the occupation of Iraq that is I will tell Members who have let our ministration officials have deigned to unwinnable. The gentleman from Penn- troops down: the administration that go to the funeral and to give to the sylvania (Mr. MURTHA) is on target misled us into this war and did not tell family some comfort? with his analysis. The incompetent, us the truth, an administration that is I know military families. They want improvised occupation of Iraq, guided incompetent, that does not provide the this war to end with dignity, yes; but by the Department of Defense, is body armor for our troops, nor the ar- they want some people to be respon- unwinnable. Our troops in Iraq have mored cars. We have been told 25 per- sible for the travesty of what is going been betrayed by the blundering of this cent of the casualties would have been on. And so I ask in light of the fact administration and their top command. prevented if this administration had that we want to blame the troops be- An unqualified Secretary Rumsfeld been competent. cause of what happened in the prison, I improvising this occupation has I will tell Members who has let our do not want to blame them. They are thrown untrained soldiers into the role troops down: those who did not in- young. They are 19, 20, 21. I demand for of prison guards. We owe it to our sol- struct prison guards in the Geneva there to be some heads to roll. And diers in the ranks to have a full inves- Convention and who led young people, Secretary Rumsfeld is the one that tigation, to openly let the American brave young men and women, to the needs to roll along with his deputy, people see exactly what happened. Yes, abuse of prisoners and led to our em- Paul Wolfowitz. this is an un-American approach, un- barrassment worldwide. That is who is I ask the Speaker of the House to de- American activity, and it probably in- letting our troops down: an administra- mand an open session here on the floor volves only a few, but that few operate tion that has no plan for the peace. We of the House for Secretary Rumsfeld to under top command. have no idea what we are doing there come and tell us why he was hiding re- Mr. Speaker, let us have a full inves- or how to get out. That is who is let- ports for 2 months, why no one knew tigation. The top command must ac- ting our troops down. That is who is about the reports, and why these kinds cept responsibility. Hearings will re- not supporting our troops. I yield the of heinous and ridiculous acts are veal this truth. Let us have hearings as balance of responsibility to this admin- going on. We want peace over war, but soon as possible. istration. this administration went to war with untruth. Now it is time for people like f f Secretary Rumsfeld to wash his hands U.S. OIL PRODUCTION of the tragedy of this and resign. This STANDING BY OUR TROOPS (Mr. DUNCAN asked and was given is the time that we should start anew. (Mr. KINGSTON asked and was given permission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend his re- marks.) MISTREATMENT OF IRAQI marks.) Mr. DUNCAN. Mr. Speaker, NPR PRISONERS Mr. KINGSTON. Mr. Speaker, I am News this morning had a report about (Mr. ISSA asked and was given per- very concerned that with troops in the why gas prices are now over $2 a gallon mission to address the House for 1 field, the Democrats are now going out in some States and headed higher ev- minute and to revise and extend his re- sending a signal this war is erywhere. The reporter explained that marks.) unwinnable. With young men in the while demand has gone up, as everyone Mr. ISSA. Mr. Speaker, the one bi- hospital, wounded, amputees, they are has known it would for many years, ca- partisan thing that we can all agree on saying this war is unwinnable. With pacity has gone way down. today that we will address in a resolu- families and Americans mourning the He said due to environmental restric- tion today is that the conduct which dead, the Democrats are saying this tions, no new refineries have been built we have all witnessed in pictures war is unwinnable. We often hear from in this country for more than 20 years, spread around the world by a few mis- Democrats, Well, I support the troops, and the number of refineries in Cali- guided and perhaps sadistic and crimi- but I am against the war. fornia has decreased from 37 to 13. nally accountable young men and Mr. Speaker, I have never understood Also, radical environmentalists have women in charge of prisoners of war that. I have the honor of representing successfully fought and stopped oil pro- was wrong. There is no debate on that. the Third Infantry Division and five duction in the frozen tundra of Alaska There is no debate outside the Amer- military installations in my district, and most other places where it can be ican military. There is no debate inside and that just does not sell to the sol- safely and environmentally and eco- the Congress that this was wrong. diers in the field that, well, I support nomically done in the U.S. Environ- But I do believe it is important, Mr. you individually, but what you are mental extremists almost always come Speaker, for the American people to doing is wrong and I am against it. from wealthy, or at least very upper- understand that every soldier is in- This is not the time for our country income, families; but they are really structed that this is unacceptable. to be sending mixed signals abroad hurting the poor and the lower income Every officer is trained that this is un- that we are a divided country and that and working people of this country, acceptable. From my experience both some of us want to cut and run. The and even our national security, by as an enlisted man and as an officer, best thing we can do to honor those shutting down so much oil production the military will see that these indi- who are wounded, to honor those who and refining here and making us overly viduals who were instructed that this have lost their lives and their family dependent on foreign oil that is being was not acceptable and then broke the and to stand beside the nearly 200,000 sold at rip-off prices. regulations will be punished. This Con- troops we have in Iraq and Afghanistan f gress will oversee that. That is a word is say, You are doing the right thing. b 1045 that the people of the Arab world need This cause is noble and it is winnable. to understand, that the people of Iraq We stand united behind you. Even REGARDING THE WAR IN IRAQ need to understand. Things have though it is an election year, America (Ms. JACKSON-LEE of Texas asked changed. This Congress will not tol- comes first. and was given permission to address erate this behavior.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.011 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2663 HONORING TOM WOODRUFF AND APPOINTMENT OF CONFEREES ON from operating after July 1 of this year MELISSA MILLER DURING NA- H.R. 2443, COAST GUARD AND if those plans were not approved and if TIONAL TEACHERS WEEK MARITIME TRANSPORTATION they were not operating in accordance ACT OF 2003 with those plans. But in the month (Mr. BOOZMAN asked and was given after this MTSA, the Maritime Trans- Mr. LOBIONDO. Mr. Speaker, I ask permission to address the House for 1 portation Security Act, was enacted, unanimous consent to take from the minute and to revise and extend his re- the Coast Guard went to London and Speaker’s table the bill (H.R. 2443) to marks.) agreed to amendments to the Safety of authorize appropriations for the Coast Life At Sea Convention to require secu- Mr. BOOZMAN. Mr. Speaker, I rise Guard for fiscal year 2004, to amend today to honor two of the many out- rity standards for all vessels engaged various laws administered by the Coast in international trade. These amend- standing teachers in my home State of Guard, and for other purposes, with Arkansas. Melissa Miller, a sixth grade ments are called the International Ship Senate amendments thereto, disagree and Port Facility Security Code, or as math and science teacher at Randall G. to the Senate amendments, and agree Lynch Middle School in Farmington, we refer to them, the ISPS Code. to the conference asked by the Senate. The Coast Guard never told Congress Arkansas, was in Washington this week The SPEAKER pro tempore (Mr. that they were intending to overturn to accept the National Educator Award FOSSELLA). Is there objection to the re- the new security law by allowing for- from the Milken Family Foundation. quest of the gentleman from New Jer- eign-flag vessels to enter the United She was honored by the foundation for sey? States if their security plans were ap- her innovative teaching methods that There was no objection. proved not by the Coast Guard but by use real-world applications to make MOTION TO INSTRUCT OFFERED BY MR. FILNER the government in which the ship is learning relevant and interesting to Mr. FILNER. Mr. Speaker, I offer a flagged. As many Members know, thou- students. motion to instruct conferees. sands of ship owners choose to register Then there is Tom Woodruff, who The Clerk read as follows: their ships in so-called ‘‘flag of conven- teaches at Rogers High School in Rog- Mr. FILNER moves that the managers on ience’’ countries. The ship owners do ers, Arkansas. Tom was recently the part of the House at the conference on this to save money because they know named as one of five national finalists the disagreeing votes of the two Houses on that these governments flaunt inter- in the NASDAQ’s national teaching the bill (H.R. 2443) to authorize appropria- national law by not enforcing the awards. The awards recognize teachers tions for the Coast Guard for fiscal year 2004, international maritime conventions to to amend various laws administered by the for their originality, creativity, and ef- which they are a party. Coast Guard, and for other purposes, be in- Mr. Speaker, our Nation has learned fectiveness in advancing interest in, structed to insist on the language contained and understanding of, our economic a great deal about terrorism since 9/11. in section 415 of the House bill that requires One thing we have clearly learned is system. foreign-flag vessels to have their vessel secu- that not every nation in the world is Mr. Speaker, we are blessed to have rity plans approved by the United States Coast Guard before entering a port in the our friend. Each day hundreds of ships such dedicated people teaching our United States. enter U.S. ports with dangerous and children in the Third District of Ar- The SPEAKER pro tempore. Under hazardous cargoes. A weapon of mass kansas. It seems fitting since the PTA the rule, the gentleman from Cali- destruction, a biological agent could has named this week National Teach- easily be smuggled aboard a vessel in a fornia (Mr. FILNER) will be recognized ers Appreciation Week to take a mo- for 30 minutes and the gentleman from foreign port. Look at some of the larg- ment to thank Tom, Melissa, and all est registries in the world, like Pan- New Jersey (Mr. LOBIONDO) will be rec- the wonderful teachers who are helping ognized for 30 minutes. ama, Malta and Cyprus, and you will find vessels that are often detained by to shape the future of our Nation. The Chair recognizes the gentleman the Coast Guard for violations of inter- from California (Mr. FILNER). national safety laws. Now we expect f Mr. FILNER. Mr. Speaker, I yield those same governments to protect myself such time as I may consume. U.S. citizens by making sure that their SUPPORT OUR TROOPS The motion that the House has be- vessels have adequately implemented fore it is really very simple. It in- security plans? Give me a break! I for (Mr. CUNNINGHAM asked and was structs the House conferees on the one am not willing to delegate our se- given permission to address the House Coast Guard and Maritime Transpor- curity responsibilities to the govern- for 1 minute and to revise and extend tation Act to insist on our House provi- his remarks.) ments of Panama or Malta or Cyprus. sion on section 415. Section 415 simply I raised this issue with the Coast Mr. CUNNINGHAM. Mr. Speaker, the clarifies that all foreign-flag vessels Guard at two separate hearings. The American people quite often are seen that may be involved in a security inci- Coast Guard argued that they do not from time to time from both civilian dent in the United States must submit have the resources to approve the secu- businesses and the military with some their vessel security plans to the Coast rity plans for the thousands of foreign- bad actors. We all condemn those. The Guard for their review and approval be- flag vessels that come to our country. problem that I have is that too many fore they enter the United States. It is I have a simple thing to say, as I said people focus on just the bad actors and pretty simple. We are trying to make to the commandant: send us a budget forget about the people that serve us sure that we do not have a terrorist in- request, and we will fight for every well both in civilian business and in cident caused by a ship coming to our nickel you need to review and approve the military. I have served in the mili- shores. the foreign vessel security plans. The tary. What irks me is that people that We have seen clear evidence that ter- resources will be there if you ask for condemn our military are generally the rorists have the means and capability them. But do not compromise the secu- people that have not served them- to use vessels as a weapon. We all know rity of our coastal communities and selves. They are generally the people about the attack on the U.S.S. Cole. our whole Nation by placing our secu- that continually vote against defense, Most recently, insurgents in Iraq blew rity in the hands of these foreign gov- which most of goes to the families to up their boat filled with explosives ernments. support them coming back. They con- when a U.S. boarding team tried to in- When Congress wrote the Maritime tinually vote against intelligence. And spect their vessel. Two members of our Transportation Security Act in 2002, then they have the gall to stand up Navy and one member of the Coast we realized that it is up to the United here and chastise our military. Mr. Guard died in that attack. States Government through the United Speaker, I think that is wrong. I am When this Congress enacted the Mar- States Coast Guard to protect our citi- proud of the men and women that serve itime Transportation Security Act in zens. I urge my colleagues, Mr. Speak- in our military. I think if those indi- November of 2002, foreign vessel owners er, to support the motion to instruct viduals would speak about their accom- were clearly required to submit vessel the conferees on H.R. 2443 to insist on plishments more, maybe we would all security plans to the United States the House provisions requiring all for- be better off. Coast Guard. They were prohibited eign-flag vessels, any one of which may

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.016 H06PT1 H2664 CONGRESSIONAL RECORD — HOUSE May 6, 2004 be a potential terrorist threat, to sub- from some other area, the Coast Guard Proposals I had made subsequent to a mit their security plans to the Coast could not accomplish this review and ship accident have been implemented Guard for review and approval before approval process in a timely manner. by the Coast Guard to hold the vessels they enter the United States. We ask The cost of this effort would be sub- that are in international align and to this in law. We ask now to reinforce stantial, and the Coast Guard is not require manifests and other things and the law. funded in this effort. do boardings when they think they are Mr. Speaker, I reserve the balance of The gentleman from Alaska (Mr. necessary, and that is all well and my time. YOUNG) and I pledge to continue to good. But the Maritime Transportation Mr. LOBIONDO. Mr. Speaker, I yield work with our colleagues and the gen- Security Act goes one step further. myself such time as I may consume. tleman from Minnesota (Mr. OBER- They are supposed to have a plan that On behalf of Chairman YOUNG and STAR), the Democratic ranking mem- has been approved by the United States myself, I have a couple of remarks ber, and the gentleman from California Coast Guard, these foreign-flagged ves- about this motion. We support section (Mr. FILNER) to address their concerns sels of uncertain lineage. Now, the 415 and allowed it to be included in the on this homeland security issue. issue before us is are we going to allow House bill with the agreement that we Today we will support this motion, foreign classification societies, flags of would continue to work to improve the but would strongly recommend that we language. It is very important that we convenience, and others to certify continue to discuss this issue with the these plans in foreign languages with ensure that all vessels, including for- Coast Guard and the maritime shipping eign vessels, have security plans. How- no review by the Coast Guard and just industry and our colleagues in the assume that everything is hunky-dory? ever, to protect the United States, we other body to improve and merge our need to support the Coast Guard’s ef- That is really the issue that is before other bills to ensure that the country us. forts as they board and inspect vessels and our security is protected. coming into U.S. waters. Mr. Speaker, I reserve the balance of I mean, let us take Liberia, for in- However, the Coast Guard and the my time. stance. There is no government in Li- Department of Homeland Security Mr. FILNER. Mr. Speaker, I yield beria, pretty plain and simple, but they have expressed strong concerns about myself such time as I may consume. are a major flag of convenience for the current House language. They are I was a little surprised the gentleman these freighters, these freighters which concerned about requiring submission was going to accept the motion after may be owned by Osama bin Laden. We and secretarial approval of all foreign speaking out against it, but I appre- really do not know. But they are done vessel security plans. They are con- ciate that, and I hope we fight for this in an obscure way through nonexistent cerned that this requirement could un- at the conference committee. countries like Liberia. They exist, but dermine extensive progress on vessel Mr. Speaker, I yield such time as he they do not have a functioning govern- security planning already made in the may consume to the gentleman from ment. They certainly do not have a international arena and would impose Oregon (Mr. DEFAZIO). Coast Guard. In fact, the government an unsupportable resource drain on the Mr. DEFAZIO. Mr. Speaker, I thank of Liberia, I think, recently moved. Coast Guard. They are concerned that the ranking member for yielding me They were in Reston. I think they this could conflict with provisions of this time. moved somewhere else in Virginia. the Safety of Life At Sea Convention I was just meeting with some con- They have a bunch of ex-Coast Guard and the International Ship and Port stituents in my office, and when I came people who are running their registry, Facility Security Code. This would in I heard the chairman speaking, and which is just a for-profit thing they do, place the United States at a significant it sounded to me as though he was a flag of convenience, so that vessel disadvantage when demanding that strongly opposed to our motion to in- owners, whoever they might be, can other nations comply with their re- struct to better protect our ports and avoid the strictures of U.S. law for sponsibilities and would significantly national security, but apparently from crewing and for safety and a whole host degrade our ability to negotiate new what I heard, he is going to support the of other reasons. international requirements. motion. So I am a little confused. I have never been comfortable with Additionally, other nations could re- But let me make the points that I this arrangement, but I am particu- taliate and demand to review and ap- think need to be made about this. We larly uncomfortable with an arrange- prove U.S. security plans before our have a law, a national law, a law in the ment where the nonexistent govern- vessels were allowed to trade in their United States of America, that says ment of Liberia will be certifying ves- ports. I believe that this is a real dan- under the Maritime Transportation Se- ger. Ultimately, the sharing of sen- curity Act, that foreign-flagged, that sel security plans without any review sitive U.S. vessel security plans with is, vessels that sail to the United by the Coast Guard, except perhaps the all nations may not be in the best in- States many times with very obscure retired Coast Guard who are being paid terests of our own national security. I ownership, in fact, the way inter- a fabulous salary to pretend that there would like to continue to explore national maritime law works, Osama is a government in Liberia and that whether acceptance of foreign vessel bin Laden could very well own some of they are processing these plans on be- security plans approved under the these freighters, but we would not be half of that government. International Ship and Port Facility able to find that out. That is the situation we are con- Security Code with aggressive Coast So we are working on that problem fronted with. This does not give me Guard verification and enforcement and the Coast Guard has made some great comfort. And, in fact, the inter- might better achieve our national mar- slight progress, but not enough in national standards say, well, these itime security goals. terms of lifting the veil of secrecy nonexistent governments of Liberia, or There is concern that the number of around who actually owns these ships, its substandard performers like Pan- plans that could potentially be subject which I think is essential to our na- ama, Malta, and Cyprus, again, all who to review is staggering. Worldwide, tional security, but in the interim are just trying to make money on flag- there are approximately 40,000 vessels under the Maritime Transportation Se- ging ships, and if they get tough with required to have security plans. If sec- curity Act, these foreign-flagged ships those people, like make them have an tion 415 were enacted, the Coast Guard of unknown ownership with crews who actual real vessel security plan, really would be required to review the secu- are not very well identified, that is, certify the crews, well, they will just rity plan of each of these vessels that there are no foolproof counterfeit-proof go to another country or so-called wanted to visit the United States. In IDs or certification for the crews, country, as in the case of Liberia, and recent years, approximately 8,000 ves- get a flag from them for a few bucks sels per year have visited the United many of them have false documents, more or less. States, making roughly 50,000 port many of them are of a dubious lineage, calls. no security checks that are meaning- That is what it is all about. They are fully conducted on those people, are trying to avoid safety, security, crew- b 1100 cruising in and out of the ports of the ing requirements, and all that. And Without significant additional re- United States, and what we have today this becomes to me another major se- sources, our diversion of resources is a little better than before 9–11. curity loophole for the United States of

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.020 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2665 America to say that Malta, Cyprus, Li- end the final product that we have is a and one of the great failings we saw beria, who do not care about the inter- product that will ensure our national was that the United States really did ests of the United States in these mat- and homeland security. not have the ability to go into foreign ters, would certify in foreign languages Mr. Speaker, I reserve the balance of countries’ aviation programs and see these vessel security plans. This is not my time. whether they had a strong security adequate. It does not meet laws that Mr. FILNER. Mr. Speaker, I have program, whether they were doing se- were enacted with, I think, virtually been informed that there are no ships curity inspections and screening of pas- unanimous support of the United with American flags going to Liberia. sengers, screening of luggage, screen- States Congress under the Maritime Mr. Speaker, I yield such time as he ing of mail, as we were doing and as we Transportation Security Act. They un- may consume to the gentleman from were proposing to do in even stronger dermine the Maritime Transportation Minnesota (Mr. OBERSTAR), ranking fashion; so we crafted in that legisla- Security Act. And then as I came in, I member of the full Committee on tion language to establish foreign secu- heard my chairman, with whom I have Transportation and Infrastructure. rity liaison officers within the FAA in tremendous respect and he is a great Mr. OBERSTAR. Mr. Speaker, I foreign countries with the authority to advocate for the Coast Guard and he thank the gentleman, ranking member, go in and inspect, with the authority to has helped them get more money, say- for his stout defense of the committee look at aviation security plans of for- ing if we made the Coast Guard review position and for his splendid service, eign governments. these plans, they would not have and I also wanted to express my great And I took that theme and intro- enough people. They would need more appreciation to the gentleman from duced it into our Maritime Transpor- resources. Alaska, the chairman of the full com- tation Security Act. It was missing one Then let us ask for the resources. mittee, who has, from his first day in word. I sort of take the responsibility This is a pattern I keep hearing from this body, been a stout defender and for it. We did not put the word ‘‘for- the administration. Yesterday I was at advocate of the U.S. Coast Guard. He eign’’ vessel, thinking that was pretty a hearing with the Transportation Se- sometimes calls it ‘‘my Coast Guard,’’ clear that vessels coming into U.S. curity Administration folks, and we and rightly so, because Alaska has the ports that are suspect would be from were raising concerns about rail and largest coastline to protect in all of the other countries. The Coast Guard went port security in the Railroads Sub- Coast Guard’s work. and negotiated away that power of the committee, and I said, Look, just be And I have enormous respect for the U.S. to inspect the security plans of honest with us. Tell us you do not have gentleman from New Jersey, who has other countries and to see whether ves- enough people and you need more one of the largest Coast Guard facili- sels operating under a foreign flag were money. And they cannot do that be- ties, perhaps the largest in his district, in compliance with the security plan of cause the political minders down at the who has chaired the subcommittee the country of registry of that vessel. White House are watching them. They with great distinction. b 1115 cannot ask for more money for home- But I must say I am disappointed in land security. We cannot ask for the Coast Guard and in the administra- Well, seeing that shortcoming, in the enough money to help the Coast Guard. tion, whoever it is. It is uncertain. The course of hearings that the chairman of I mean, the Coast Guard could contract Coast Guard has been shifted from the the committee conducted, the issue this out if they do not have the staff, Department of Transportation to the came up. It was raised by members on and the administration loves con- Department of Homeland Security. We both sides in the course of our hear- tracting out. We could hire a firm, a hardly know who is the Secretary to ings. So the language was tightened up, U.S. firm, who has security credentials whom they report for all the various just to make it very clear we would or something else to certify these functions of the Coast Guard, or wheth- have the ability to inspect, that the plans. But to allow Liberia, which does er this message is coming from the Coast Guard have the ability to in- not have a government, to approve White House or the Office of Manage- spect, the security plans of foreign gov- these plans of ships of unknown lineage ment and Budget. Whatever it is, the ernments. and ownership in foreign languages and Coast Guard is on the wrong track. Now, why is that a concern? Because say that meets U.S. law, that is pro- We passed the port security bill, this is the document that the U.S. viding optimal homeland security for known as the Maritime Transportation Coast Guard negotiated, the Safety of the United States of America, is abso- Security Act, in November, 2002, hard Actions At Sea. It was 17 December lutely wrong. on the heels of all of the horrific events 2002, and the relevant language, ‘‘Ship So I hope that the ranking member of September 11 and in the spirit of security plans are not subject to in- was right in saying that the chairman vastly improving security in all of the spection by officers duly authorized by will support this. I hope he will and I modes of transportation. We had exten- a contracting government to carry out hope he will not just support it with sive discussion, debate within our com- control compliance measures in ac- his vote, but he will support it whole- mittee, all aimed at one objective, pro- cordance with regulations specified in heartedly through conference. We need tecting transportation in America from section 9.8.1.’’ these protections for homeland secu- terrorist threats. Every step of the Here is section 9.8.1. ‘‘Officers,’’ rity. And if it is a matter of a few more way, the purpose was to elevate secu- meaning U.S. Coast Guard in this case, dollars, then let us ask for that money rity in transportation, make it sub- ‘‘will have limited access to the spe- so we do it compliant with our law and stantially better, not just an incre- cific section of the plan allowed in the not with a loophole-ridden inter- ment, not just a little step better. And exception, only with the consent of the national organization that does not I was at the White House for the sign- contracting government,’’ meaning give a darn about U.S. security. ing of the bill. I think the gentleman Malta, Liberia, Panama, the Phil- Mr. LOBIONDO. Mr. Speaker, I yield from New Jersey was there as well, as ippines, ‘‘or the master of the ship con- myself such time as I may consume. I recall. A delegation from the other cerned. Parts of the code are consid- I thank the gentleman from Oregon body was there. ered as confidential and cannot be sub- (Mr. DEFAZIO) for his comments. The The President was very proud of that ject to inspection unless otherwise gentleman from Alaska (Mr. YOUNG) bill. Hardly was the Coast Guard in- agreed by the contracting governments and I do support this, but as we have volved in the International Maritime concerned.’’ worked through the committee all Organization negotiations on the Safe- Did our President not say, the Presi- along in a very strong bipartisan way, ty at Sea law, negotiating something dent of the United States say, and has we are expressing that there are some that really undercuts a main thrust of he not said repeatedly, ‘‘I will never legitimate concerns such as our turn- this legislation. When we crafted this ask permission of the United Nations ing over our vessel security plans to bill, the MTSA, the original law, I drew to defend the United States. I will this nonexistent government of Libe- on our experience in aviation in the never ask permission of a foreign gov- ria. These are things that we should be aftermath of Pan Am 103. I served on ernment to protect the citizens of the talking about. These are things that that commission with the gentleman United States. We are not going with a we want to talk about so that in the from Arkansas, Mr. Hammerschmidt, permission slip’’?

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.024 H06PT1 H2666 CONGRESSIONAL RECORD — HOUSE May 6, 2004 This is a permission slip. This is Why do I take the time to say this? There was no objection. what has been agreed to. I heard what Because I feel very strongly about this. The SPEAKER pro tempore. The the chairman said, that, oh, if we insist I have given 25 years of my service in question is on the motion to instruct on protecting our interests, then other this body to security in aviation and to offered by the gentleman from Cali- governments will insist on inspecting maritime security, to on-land security. fornia (Mr. FILNER). security plans of the United States. A good part of my career has been on The question was taken, and the We have only 37 American-flagged aviation safety and aviation security, Speaker pro tempore announced that vessels in international commerce. and I do not think that we should do the ayes appeared to have it. They do not call on ports at Malta and anything less than the best. Mr. FILNER. Mr. Speaker, I object to Liberia. That is not the issue. The So, yes, we had that language in our the vote on the ground that a quorum issue is whether we, the biggest trading bill. I think we need to have this vote is not present, and make the point of Nation in the world, 11 million con- here on that language to reinforce the order that a quorum is not present. tainers coming into the United States position of the conferees when we go to The SPEAKER pro tempore. Pursu- every year, will have the ability to see the other body because their language ant to clause 8 of rule XX, further pro- whether those ships were loaded in ac- simply embraces the international con- ceedings on this question will be post- cordance with the security plan that vention. We have to tell them, wait a poned. meets our standards and will protect minute, that is not good enough. That The point of no quorum is considered our security, and that there is not any- does not do a good enough job. If you withdrawn. thing going on those ships that does are serious about protecting our ports f and protecting the homeland of the not belong on those ships, like bombs, PROVIDING FOR CONSIDERATION nuclear devices, weapons of mass bio- United States, with 11 million con- tainers coming in, 8,000 vessels calling OF H. RES. 627, DEPLORING logical destruction. ABUSE OF PERSONS IN UNITED We do this already with aviation. at our ports every year, let us get seri- STATES CUSTODY IN IRAQ Why can we not do it for maritime? ous about it and make sure we provide Time and again, we have heard our big- the Coast Guard with the personnel Mr. HASTINGS of Washington. Mr. gest threat, the biggest unknown is and financial resources to carry out Speaker, by direction of the Com- what might be in a vessel coming into this mission. mittee on Rules, I call up House Reso- a U.S. port, what could be there that It is crucially important. Either we lution 628 and ask for its immediate could destroy a city, not only on the are serious about port security or we consideration. coastal plain of the United States, but are not; and not being serious is swal- The Clerk read the resolution, as fol- in the interior as containers move from lowing this International Convention lows: on Safety of Life At Sea. the port to the interior of the country. H. RES. 628 Now, why have this motion to in- That is not safe. I will trust the U.S. Coast Guard. I know what the men and Resolved, That upon the adoption of this struct? The purpose is that the Senate, resolution it shall be in order to consider in excuse me, the other body, has lan- women of the Coast Guard can do. the House the resolution (H. Res. 627) deplor- guage in its version of our bill that They are serious, they are experienced, ing the abuse of persons in United States simply accepts the international con- and they will do the job of security. custody in Iraq, regardless of the cir- So let us reaffirm the position of the vention. The Senate version simply cumstances of their detention, urging the House. Let us make sure when we go to recognizes the ISPS Code, security Secretary of the Army to bring to swift jus- conference, we stand firm; that the tice any member of the Armed Forces who plans drawn up by foreign-flag states, four principal negotiators on the part has violated the Uniform Code of Military and allows the country of registry to of the House are backed up by the voice Justice, expressing the deep appreciation of do the signoff. of this body, so that we stand firm on the Nation to the courageous and honorable Well, I know from experience and this language. Let us give the Coast members of the Armed Forces who have self- having been at this for some time that lessly served, or are currently serving, in Op- Guard the authority it needs. Let us in those countries of foreign registry, eration Iraqi Freedom, and for other pur- stand up to make sure that we are pro- very frequently the security plan is poses. The resolution shall be considered as tecting our ports. Protect the House contracted out to some private entity, read for amendment. The previous question position, protect security in the home- a private entity that has been approved shall be considered as ordered on the resolu- land of the United States through the tion to final adoption without intervening by the classification societies. And as one major Achilles heel afflicting us motion or demand for a division of the ques- we know, those international ship clas- right now, and that is port security. tion except: (1) one hour of debate equally di- sification societies are not repositories Mr. LOBIONDO. Mr. Speaker, will the vided and controlled by the chairman and of great strength and great courage gentleman yield? ranking minority member of the Committee and great oversight or great concern Mr. OBERSTAR. I yield to the gen- on Armed Services; and (2) one motion to re- commit which may not contain instructions. about security. So I do not want to see tleman from New Jersey. a security plan and have us just on Mr. LOBIONDO. Mr. Speaker, we are The SPEAKER pro tempore. The gen- faith accept a security plan of another in agreement with so many points that tleman from Washington (Mr. country of registry, done by a con- the gentleman made. No Member and HASTINGS) is recognized for 1 hour. tractor, which we do not even review. no one should get the impression that Mr. HASTINGS of Washington. Mr. Furthermore, under the inter- any of us are not completely com- Speaker, for the purpose of debate national convention, which I just read, mitted to maritime anti-terrorism, to only, I yield the customary 30 minutes the Coast Guard has to get the equiva- homeland and port security. What we to my friend, the gentleman from Mas- lent of a search warrant. They have to are saying here is we believe there sachusetts (Mr. MCGOVERN), pending have probable cause. They have to find needs to be just a little bit of addi- which I yield myself such time as I something that they say, we know tional fine tuning. may consume. During consideration of there is something wrong. We have evi- But in principle, I agree. I will sup- this resolution, all time yielded is for dence that this ship has been improp- port the gentleman’s motion to in- the purpose of debate only. erly loaded and there may be ricin struct, and I thank the gentleman very (Mr. HASTINGS of Washington asked stored in one of these containers, or much. and was given permission to revise and the equivalent thereof. Mr. OBERSTAR. Mr. Speaker, re- extend his remarks.) Why do we have to do that? That is claiming my time, I thank the gen- Mr. HASTINGS of Washington. Mr. nonsense. Are we going to protect tleman. We will stand firm in con- Speaker, House Resolution 628 is a America, are we going to protect our ference. closed rule providing for the consider- shores, are we going to protect our Mr. FILNER. Mr. Speaker, I yield ation of House Resolution 627, deplor- ports, or are we just simply going to back the balance of my time. ing the abuse of persons in United leave it to the good will and good of- The SPEAKER pro tempore (Mr. States custody in Iraq, regardless of fices of other countries? We do not do FOSSELLA). Without objection, the pre- the circumstances of their detention, that in aviation, and we ought not to vious question is ordered on the mo- urging the Secretary of the Army to be doing it for port security. tion. bring to swift justice to any member of

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.026 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2667 the Armed Forces who has violated the b 1130 would not apply to many of our ac- Uniform Code of Military Justice, and We are here to condemn such acts. tions, especially those concerning de- expressing the deep appreciation of the But we are also here to do much tainees. Nation to the courageous and honor- more. We need to make clear that this I believe the conditions that led to able members of the Armed Forces who Congress not only condemns these ac- abuse were created at the very top have selflessly served, or are currently tions, but demands a full investigation when independent monitors were de- serving, in Operation Iraqi Freedom, and accountability for those who per- nied access to prisons and detention fa- and for other purposes. petrated these acts, those who ordered cilities. Mr. Speaker, the rule provides for 1 these acts, those who turned a blind I believe the conditions that led to hour of debate in the House, equally di- eye to these acts, and those in the abuse were created at the very top vided and controlled by the chairman chain of command who failed to act when decisions were made to assign and ranking minority member of the upon repeated warnings and reports of troops, many of whom were inexperi- enced in prisoner treatment and the Committee on Armed Services. The abuse of Iraqi detainees. rule provides one motion to recommit, Mr. Speaker, I firmly believe that the rights of prisoners, rather than to which may not contain instructions. overwhelming majority of our uni- troops who have been trained for such Mr. Speaker, Members of this House, formed men and women currently on duty. I believe the conditions that led to and indeed millions of concerned Amer- active duty in Iraq, Afghanistan and abuse were created at the very top icans, have been appalled by reports elsewhere carry out their duties in an when information and reports were that Iraqi prisoners have been severely exemplary manner. They have rep- withheld from the relevant intel- mistreated by their U.S. captors. Presi- resented the United States in perilous ligence, defense, and foreign policy dent Bush has rightly pledged to en- times with great distinction and great Congressional committees regarding sure that those responsible for this honor. And it is critical that Congress abuse are brought to justice, and that these abuses. not blindly accept the scapegoating of Mr. Speaker, I also believe that this process is already under way. a few enlisted men and women when Congress needs to take a hard and seri- Mr. Speaker, in a society like ours there is a much more serious, trou- ous look at the use of private contrac- that prides itself on its commitment to bling, high-ranking, and systemic prob- tors engaged in interrogation of pris- civil and human rights, there is no lem that needs our most serious atten- oners and ensure that their role in place for the sorts of atrocities de- tion. these abuses is fully investigated and picted in recent days in newspaper and In December last year, Human Rights punished. television accounts from Iraq. Watch issued a searing report on inhu- But even more importantly, I believe Thankfully, it appears that the re- mane conditions and abuses of detain- the President of the United States ported abuses have been the exception, ees under U.S. authority in Afghani- must act. The President must dem- rather than the rule, during this con- stan. onstrate exactly how serious the flict. But that does nothing to excuse We now know from the media that United States is about changing the those who carried out or permitted the the International Committee for the conditions that led to these abuses. acts in question to take place. They Red Cross has also been urging U.S. The President prides himself on being must be punished swiftly and surely. military authorities to make substan- a plain-spoken, straight-shooting man At the same time, Mr. Speaker, we tial changes on how detainees are of action. This moment desperately must not permit the outrageous acts of treated at prison facilities throughout calls for some plain speaking and ac- a relative few to stain the service of Iraq. countability. Anonymous leaks to the more than 100,000 of our brave Amer- Mr. Speaker, this is a grave and seri- news media about the President of the ican men and women who are risking ous crisis, and I do not use the word United States ‘‘privately chiding’’ the their lives every day in the cause of ‘‘crisis’’ lightly. It is a crisis for our re- Secretary of Defense simply will not freedom. They are doing what is right, lations with the people of Iraq. It is a do. and they are doing it the right way. crisis for our relations with our allies. Mr. Speaker, Donald Rumsfeld needs Their services make us all proud to be It is a crisis for our intentions to cre- to resign as Secretary of Defense, and Americans. ate a stable and more democratic Mid- if he does not do so, President Bush Therefore, in addition to strongly dle East. It is a crisis for our Armed should fire him. No other action, no condemning the acts of abuse by U.S. Forces, whose honor has been stained other words would send as strong a sig- personnel against Iraqi prisoners, by these revelations. It is a crisis for nal to the world that the United States House Resolution 627 also pays tribute our Nation whose honor, intentions, is serious about fixing what is wrong in to the selfless service of our men and reputation, and moral authority are Iraq. women in uniform. now suspect throughout the world. It is Mr. Speaker, I regret that this reso- Mr. Speaker, the President has spo- a crisis for the safety of our troops in lution required a rule for debate. I re- ken loudly and clearly on this subject, the field and the safety of our home- gret that unanimous consent could not and it is imperative that we in the land. be obtained. But I firmly believe that House do the same. Accordingly, I ask Mr. Speaker, I fear for every Amer- this resolution needs to assert the my colleagues to support both the rule ican, military and civilian, who is now oversight responsibilities, our own ac- and House Resolution 627. held captive in Iraq. For how can we countability, and investigate these Mr. Speaker, I reserve the balance of demand standards for the humane abuses and the systems that created a my time. treatment of our own citizens when it climate of abuse. We cannot call for ac- Mr. MCGOVERN. Mr. Speaker, I yield appears to many that we have turned countability by others and then shirk myself such time as I may consume. our backs on those very standards and our own responsibilities. I firmly be- (Mr. MCGOVERN asked and was international law in our treatment of lieve that we must investigate the given permission to revise and extend foreign detainees? roles of both our uniformed personnel his remarks.) Mr. Speaker, Congress needs to carry and private contractors in these Mr. MCGOVERN. Mr. Speaker, I out its own thorough investigation, not abuses, and I would have hoped that thank the gentleman from Washington just about what happened at one iso- the majority would believe the same. for yielding me the customary 30 min- lated prison in Iraq, but in the break- Mr. Speaker, at the conclusion of utes. down in chain of command and the con- this debate, I will move the previous Mr. Speaker, we are here this morn- text within the Armed Forces that cre- question. If defeated, I will offer an ing to carry out a very grave duty. We ated such a climate for these crimes to amendment to the rule allowing for the are here to express the horror felt by take place. consideration of an amendment to be the American people upon seeing the I believe the conditions that led to offered by the gentleman from Mis- graphic images and learning of the tor- abuse were created at the very top souri (Mr. SKELTON), the ranking mem- ture, abuse, brutalization, and humilia- when our Secretary of Defense an- ber of the House Committee on Armed tion of Iraqi detainees at the Abu nounced early in the war against ter- Services, affirming the need for a bi- Ghraib prison. rorism that the Geneva Conventions partisan congressional investigation to

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.029 H06PT1 H2668 CONGRESSIONAL RECORD — HOUSE May 6, 2004 be conducted immediately into these ple that are now being investigated and accepted the necessary sacrifices in the allegations of abuse, including those by that we see so widespread, and are not war on terrorism with a heavy, but a civilian contractor personnel and into the kind of people that would abuse resolute heart in places like Afghani- systemic chain of command and other people in the circumstances that the stan and Iraq. systemic deficiencies that contributed detainees found themselves. However, it is impossible to accept to such abuse. It is unfortunate that this matter the apparently isolated, but nonethe- I hope that my colleagues on both does not come to the floor under unani- less totally deplorable instances of bla- sides of the aisle will join me in this ef- mous consent. It does have, as I point- tant prisoner mistreatment that have fort to affirm the need for the Congress ed out this morning, one or two flaws surfaced in the past week. These ac- to carry out its constitutional duties of that could easily have been corrected tions, particularly when contrasted oversight. had the majority determined that it with the courageous and honorable de- Mr. Speaker, I reserve the balance of was proper to do so. cisions made day in and day out by the my time. One of those flaws allows itself to vast majority of our American soldiers Mr. HASTINGS of Washington. Mr. come forward in one paragraph which in difficult circumstances, must be Speaker, I am pleased to yield 3 min- reads, ‘‘Whereas the Congress was not strongly condemned. utes to the gentlewoman from North fully informed of the existence,’’ and The charges of abuse will be exam- Carolina (Mrs. MYRICK). that is true, ‘‘or the seriousness.’’ But ined fully and immediate corrective Mrs. MYRICK. Mr. Speaker, I thank it does not say what I think it should measures taken to prevent against my colleague, the gentleman from say, and that is that we decried the their reoccurrence. That is assured. No Washington (Mr. HASTINGS) for yield- fact that for too long, this was in the equivocation can be tolerated. Wrong is ing me this time. I rise today in strong hands of military higher-ups who did wrong. The international community support of both the rule and the under- not deem the oversight responsibilities will be watching America’s actions lying resolution. of Congress important enough for them closely, and now is the time to dem- I believe most Americans, as I was, to bring the matter forward. onstrate anew that the American sol- were extremely upset by the images Additionally, this is a resolution dier respects the rules of engagement they saw on television of prisoner about horrors that took place inside a and always values justice and humane abuse in Iraq, and the horrific actions prison. This is not a proper place, in treatment of detainees and prisoners. just defy everything that America my judgment, for us to be bragging We all abhor the slaughter and maim- stands for and Americans stand for: about anything concerning the condi- ing and carnage of innocent victims, goodness, decency, fairness, compas- tions being better after the removal of which, of course, is the terrorists’ hall- sion. Saddam Hussein. mark. The perpetrators of these dastardly Additionally, it is that these abuses, Mr. Speaker, I rise today because our deeds must be swiftly brought to jus- as offensive as they are, need to be put military has worked too hard and ac- tice and severely punished for their ac- in perspective with regard to the ongo- complished too much to be stained by tions. ing military effort. the actions of a few. By acknowledging America and our allies liberated Iraq I would urge everybody to take a that this is a tremendously hurtful from a despot. Mr. Speaker, our sol- deep breath and to realize that no anomaly in an otherwise impressive ef- diers are very sincerely over there American, Republican or Democrat, fort, I hope that justice may be swiftly helping to restore basic services to Iraq would allow for this kind of conduct, served and the trust in America re- and make life for the Iraqi people much and no one from the President on down stored. better, and they are doing it at serious does not feel sorry that this occurred, The House Permanent Select Com- risk to their own lives. A few sick peo- and all of us should be in a position to mittee on Intelligence routinely and ple in the military have set back our do as the general who now is in charge regularly oversees interrogation activ- efforts for peace in the Mideast and of this prison did, and that is, apologize ity for intelligence purposes, and we around the world for who knows how not only to the detainees that this oc- are giving comprehensive attention, of long. They have destroyed all of the curred to, but to the others who likely course, to these newly-discovered abu- good relationships our soldiers and oth- feel that America has lost its moral au- sive treatment cases. In fact, as we ers have established in Iraq. And the thority. speak, our committee is receiving majority of our service men and women America will never lose its moral au- briefings upstairs and asking some are very good, decent, patriotic Ameri- thority, because in this body and in the very tough questions, and I will return cans, very honorable. White House and in the Secretary of to that meeting forthwith. So we must not allow these actions Defense’s office, and in the Secretary The conduct of appropriate and pro- by a few to overshadow the goodness of of the Army’s office, justice will come fessional interrogation is extremely the majority of Americans or of our to those who took advantage of others important to the successful prosecu- soldiers, or the effort to win the war on in circumstances that were not proper. tion of the war on terrorism and the terror. We cannot close the book on Mr. HASTINGS of Washington. Mr. protection of our troops and citizens at terror until we close this chapter on Speaker, I am pleased to yield 3 min- home and abroad. Iraq. utes to the gentleman from Florida b 1145 Mr. MCGOVERN. Mr. Speaker, I yield (Mr. GOSS), the distinguished chairman 3 minutes to the gentleman from Flor- of the Permanent Select Committee on Terrorism is a bad thing, and interro- ida (Mr. HASTINGS), a member of the Intelligence in the House. gation on a proper level of a terrorist is Committee on Rules and the Perma- (Mr. GOSS asked and was given per- an important tool for us to preempt nent Select Committee on Intelligence. mission to revise and extend his re- the mischief that they can cause us. Mr. HASTINGS of Florida. Mr. marks.) This rule brings forward a clear reso- Speaker, I thank my colleague and my Mr. GOSS. Mr. Speaker, I thank my lution that supports the views I good friend, the gentleman from Mas- colleague and friend, the gentleman espouse and that other Members have sachusetts (Mr. MCGOVERN) for yield- from Washington (Mr. HASTINGS) for espoused articulately. I urge passage ing me this time. This morning he and yielding me this time. for this rule and for this resolution. I and the other members of the Com- Mr. Speaker, we have always known Mr. MCGOVERN. Mr. Speaker, I yield mittee on Rules who are here met at 7 that the war on terrorism was going to 2 minutes to the gentlewoman from o’clock a.m. to discuss this resolution. be lengthy and difficult. President California (Ms. LEE). Now, the simple fact of the matter is, Bush told us that from the very begin- Ms. LEE. Mr. Speaker, I thank the it is important for us to recognize that ning. gentleman from Massachusetts (Mr. the American military has no peers. It Americans everywhere have girded MCGOVERN) for yielding me time. is also important for us to recognize up for a sustained conflict across the Mr. Speaker, I rise in strong opposi- that most of the men and women, the globe, around the world. We have great tion to this rule. This resolution con- great majority of the men and women and justifiable pride in our troops and demns abuse, but presents glaring and in the military are not the kind of peo- all they have accomplished. We have unacceptable omissions. The boiler

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.030 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2669 plate language offers no apology, does fidence in the hearts and minds of remaining. The gentleman from Massa- nothing to ease the international ten- those we want to help. Unlike 20 years chusetts (Mr. MCGOVERN) has 17 min- sions, and calls on the Department of of unavenged, unstoppable evil at the utes remaining. Defense, quite frankly, to investigate hands of Saddam Hussein, this abuse Mr. HASTINGS of Washington. Mr. itself. will not be tolerated. It will not be Speaker, I reserve the balance of my The resolution is insufficient on all brushed over. It will not be excused. time. three grounds. We need a full-scale bi- I join my colleagues in the U.S. Mr. MCGOVERN. Mr. Speaker, I yield partisan congressional investigation House of Representatives and condemn 3 minutes to the gentleman from Wis- into these charges and their dev- these acts and support immediate, me- consin (Mr. OBEY). astating international consequences ticulous investigations into the abuse Mr. OBEY. Mr. Speaker, this resolu- and also the role of private contractors reports, full disclosure of abuses com- tion will be minimally useful at best. in this war. I hope that these horrible mitted, and justice served to those men I intend to vote for it. But it falls far human rights abuses are not just the and women responsible. short of what this House ought to be tip of an iceberg. Every day the men and women of our doing today. Tens of thousands of American Armed Forces are putting their lives Lou Dobbs two days ago on CNN I troops are serving with great courage. on the line because they believe in think said it best when he said that the These outrages do not typify their be- their mission and they are devoted to reason the Commander in Chief needed havior; but they do, they do endanger their duty. They also have been hurt by to make a public apology for what hap- their lives. As for those accused and these senseless, shameful acts. We can- pened in the prisons in Iraq was not others, I quite frankly worry about our not falter in our support for thousands just because that conduct was offensive young men and women in uniform who of troops who now more than ever re- to the Arab world but because it was are being dehumanized. quire reenforcement, support and pray- offensive to basic American values. These young men and women are ers from their government, their And I think Mr. Dobbs had it dead being dehumanized. They are being de- friends, and their families at home. right. humanized by the policies of the Bush I would ask the American people, Later on in that same program, An- administration and a war that allows Iraqis who have tasted liberty, and thony Cordesman, a well-known de- them to cross this threshold. freedom-loving people across the world fense expert, made the observation Finally, Mr. Speaker, this resolution to renounce the reprehensible deeds of that the worst thing about this from presents really a very false portrait of a few and look forward. I ask them to the standpoint of American troops is Iraq, one that is safe and secure and renew their support in the brave efforts that because the pictures associated prosperous. I urge Members to vote to free Iraq and our efforts in the war with these violations of human rights against this rule. This really is not on terrorism, and for the men and will have inflamed the Arab world, that about a handful of photographs. It is women of our Armed Forces who sac- unfortunately it is likely that addi- about the failures of leadership at the rifice daily in defense of honor, justice, tional Americans will die because of very highest levels. and democracy. that. And unfortunately, he also had it Mr. HASTINGS of Washington. Mr. Mr. Speaker, I urge my colleagues to dead on. Speaker, I yield 3 minutes to the gen- support this rule and the very impor- This resolution needs to be amended, tlewoman from Ohio (Ms. PRYCE), the tant legislation it enforces. and there will be an effort to do that, distinguished Republican Conference Mr. MCGOVERN. Mr. Speaker, I yield to amend it to affirm that we need a bi- chairman. 11⁄2 minutes to the gentleman from partisan congressional investigation to Ms. PRYCE of Ohio. Mr. Speaker, I Washington (Mr. INSLEE). conduct an investigation into these al- thank the gentleman for yielding me (Mr. INSLEE asked and was given legations of abuse, including those by time. permission to revise and extend his re- U.S. civilian contractors and other ci- Mr. Speaker, I rise today in support marks.) vilians, and an investigation into the of this rule and the underlying legisla- Mr. INSLEE. Mr. Speaker, this out- chain of command and other systemic tion. I rise in sadness and regret. The rage cuts to the bone, not just because deficiencies including the command at- behavior of the soldiers charged with it damages our international relations, mosphere that may have contributed misconduct and abuses of prisoners in but because it damages basic tenets of to such abuse. That is the minimum Iraq, to use the President’s word, is ab- American values. And when you have that is necessary. horrent. such a deep wound, self-inflicted, you Now, months ago I called for the res- The Iraqi people are beginning new cannot have half measures. And this ignation of the Secretary of Defense lives of liberty and freedom. They are resolution is weak tea when we need because I think the conduct of the ci- just beginning to shake off the dread of strong medicine; and it is inadequate, vilian leadership of the Defense De- years of torture and abuse. They are and this rule should be defeated for partment in conducting the affairs in only just beginning to sleep soundly, that reason. Iraq after the war was spectacularly in- without fear of midnight kidnappings. Where in this resolution is there a competent. So I do not need to go into They are only just beginning to express call for the obvious need for an inves- that today. their views on politics and social tigation of the private contractors who Mr. Speaker, the following is an arti- issues. Our whole country is appalled are making hundreds of thousands of cle from a Washington Post editorial and disgusted by the reports of this in- dollars, who are involved in this out- on Mr. Rumsfeld’s performance on this sane abuse. rage, who are outside the chain of com- issue. I send my deepest sympathy and re- mand, who are not subject to military [From the Washington Post, May 6, 2004] gret to these Iraqis who, in such a ten- justice? Why will the Republican Party MR. RUMSFELD’S RESPONSIBILITY der moment, are forced to see scenes of not join us in investigating those pri- abuse that I can only imagine bring to vate contractors and putting this in The Horrific abuses by American interro- gators and guards at the Abu Ghraib prison the surface old fears, old nightmares, this resolution? Why is there nothing and at other facilities maintained by the and old wounds. in this resolution about the need for an U.S. military in Iraq and Afghanistan can be The actions of a few are sure to have international opening up of our system traced, in part, to policy decisions and public long-term implications of mistrust in so that we can regain credibility? Why statements of Secretary of Defense Donald the Middle East. Our message is clear: is there not in this resolution an ac- H. Rumsfeld. Beginning more than two years we are devastated. We went into Iraq counting for the Iraqi people of who is ago, Mr. Rumsfeld decided to overturn dec- because Americans reject evil and em- in there? And lastly, where is the res- ades of previous practice by the U.S. mili- brace liberty. The heart of American ignation for Donald Rumsfeld? tary in its handling of detainees in foreign values is founded in respect for one an- countries. His Pentagon ruled that the Mr. HASTINGS of Washington. Mr. United States would no longer be bound by other, in fairness and a love for free- Speaker, how much time remains? the Geneva Conventions; that Army regula- dom. The SPEAKER pro tempore (Mr. tions on the interrogation of prisoners would Today we should ask ourselves what LAHOOD). The gentleman from Wash- not be observed; and that many detainees can we do to rebuild the trust and con- ington (Mr. HASTINGS) has 19 minutes would be held incommunicado and without

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.033 H06PT1 H2670 CONGRESSIONAL RECORD — HOUSE May 6, 2004 any independent mechanism of review. by medical officials; only when the New with the responsibilities of congres- Abuses will take place in any prison system. York Times obtained the story did the Pen- sional oversight. When our Republican But Mr. Rumsfeld’s decisions helped create a tagon confirm that an investigation was un- colleagues do not permit us to do our lawless regime in which prisoners in both derway, and no results have yet been an- job, it does not help them politically. Iraq and Afghanistan have been humiliated, nounced. Not until other media obtained the beaten, tortured and murdered—and in which photos from Abu Ghraib did Mr. Rumsfeld What happens is that this is forcing us until recently, no one has been held account- fully acknowledge what had happened, and to rely on reporters from the New able. not until Tuesday did his department dis- Yorker & from CNN. The avalanche of The lawlessness began in January 2002 close that 25 prisoners have died in U.S. cus- reports now coming out show the De- when Mr. Rumsfeld publicly declared that tody in Iraq and Afghanistan. Accountability partment of Defense knew about this, hundreds of people detained by U.S. and al- for those deaths has been virtually non- even if the top brass had not bothered lied forces in Afghanistan ‘‘do not have any existent: One soldier was punished with a to read the reports. This should have rights’’ under the Geneva Conventions. That dishonorable discharge. was not the case: At a minimum, all those On Monday Mr. Rumsfeld’s spokesman said been shared with members of Congress, arrested in the war zone were entitled under that the secretary had not read Mr. Taguba’s and we should have been helping them the conventions to a formal hearing to deter- report, which was completed in early March. do their job. mine whether they were prisoners of war or Yesterday Mr. Rumsfeld told a television It is not just the brave men and unlawful combatants. No such hearings were interviewer that he still hadn’t finished women on the front lines in Iraq who held, but then Mr. Rumsfeld made clear that reading it, and he repeated his view that the are being shortchanged by failures of U.S. observance of the convention was now Geneva Conventions ‘‘did not precisely optional. Prisoners, he said, would be treated Congress & the Administration. We are apply’’ but were only ‘‘basic rules’’ for han- shortchanging the American public, ‘‘for the most part;’’ in ‘‘a manner that is dling prisoners. His message remains the reasonably consistent’’ with the conven- same: that the United States need not be wasting their Treasury, putting Ameri- tions—which the secretary breezily sug- bound by international law and that the cans at risk, and undermining their gested, was outdated. crimes Mr. Taguba reported are not, for him, confidence in their government doing In one important respect, Mr. Rumsfeld a priority. That attitude has undermined the its job and giving them straight an- was correct: Not only could captured al American military’s observance of basic swers. Qaeda members be legitimately deprived of human rights and damaged this country’s I strongly urge the rejection of this Geneva Convention guarantees (once the re- ability to prevail in the war on terrorism. quired hearing was held) but such treatment rule and that this morning we start was in many cases necessary to obtain vital Mr. Speaker, I would just make this doing our job as Members of Congress intelligence and prevent terrorists from observation. The Congress has only two to give the American public the infor- communicating with confederates abroad. real abilities to effect events. The first mation they deserve. But if the United States was to resort to is to use the power of the purse, and Mr. MCGOVERN. Mr. Speaker, I yield that exceptional practice. Mr. Rumsfeld preliminary to doing that, to ask the 1 minute to the gentleman from Michi- should have established procedures to ensure right questions about what the intent gan (Mr. LEVIN). that it did so without violating international of our government is before we get into (Mr. LEVIN asked and was given per- conventions against torture and that only suspects who truly needed such extraor- something like Iraq. The Congress, un- mission to revise and extend his re- dinary handling were treated that way. Out- fortunately, settled for spongy answers marks.) side controls or independent review could beforehand. Mr. LEVIN. Mr. Speaker, this resolu- have provided such safeguards. Instead, Mr. But the second power that Congress tion is written as if the administra- Rumsfeld allowed detainees to be indiscrimi- has is the power of investigation. At tion’s war in Iraq was right from the nately designated as beyond the law—and least after the fact, this Congress beginning and now is basically going made humane treatment dependent on the ought to investigate from top to bot- well, and neither is correct. goodwill of U.S. personnel. tom what contributed to this out- Much of what has happened at the U.S. de- It is written as if support of the tention center in Guantanamo Bay is rageous chain of events that has been troops is an issue. It is not. We fully shrouded in secrecy. But according to an of- such a disgrace to our ability to stand support our troops. ficial Army report, a system was established up for basic American values. At least What is at issue is the appropriate re- at the camp under which military guards if we do that, we can try to ensure that sponse of this House to the horrendous were expected to ‘‘set the conditions’’ for in- something like this never happens conduct illustrated in the graphic pic- telligence investigations. The report by Maj. again in the name of the United States tures of prisoner abuse. Gen. Antonio M. Taguba says the system was of America. What is in issue is the appropriate re- later introduced at military facilities at Mr. MCGOVERN. Mr. Speaker, I yield Bagram airbase in Afghanistan and the Abu sponse of this House to the American Ghraib prison in Iraq, even though it vio- 2 minutes to the gentleman from Or- people and to this House hearing the lates Army regulations forbidding guards to egon (Mr. BLUMENAUER). truth on TV while it was sitting undis- participate in interrogations. Mr. BLUMENAUER. Mr. Speaker, I closed on the desk of high administra- The Taguba report and others by human appreciate the gentleman yielding me tion officials. right groups reveal that the detention sys- time. The proper response for this House is tem Mr. Rumsfeld oversees has become so Mr. Speaker, it is sad that the resolu- not just to pass resolutions but to be grossly distorted that military police have tion before U.S. today is as close as we an active force in facing up to what is abused or tortured prisoners under the direc- can get to having a full and open de- tion of civilian contractors and intelligence happening in Iraq and its consequences officers outside the military chain of com- bate on the tragedy that continues to for our Nation and the world. unfold in Iraq. mand—not in ‘‘exceptional’’ cases, as Mr. b 1200 Rumsfeld said Tuesday, but systematically. Yes, this is about failure of leader- Army guards have held ‘‘ghost’’ prisoners de- ship in the Department of Defense from When it comes to events in Iraq, the tained by the CIA and even hidden these Secretary Rumsfeld and the team that majority in this House can no longer prisoners from the International Red Cross. was unable, after winning the war, to simply rubber stamp all of the actions Meanwhile, Mr. Rumsfeld’s contempt for the win the peace, a Department that can- of this administration or pass the buck Geneva Conventions has trickled down: The not communicate with its own Depart- to it or the Senate. Taguba report says that guards at Abu ment of State, let alone the Congress. Turn down this rule so we can add an Ghraib had not been instructed on them and that no copies were posted in the facility. But it is about more than the failure of amendment requiring this House to The abuses that have done so much harm the administration and the Depart- step up to its responsibilities. to the U.S. mission in Iraq might have been ment of Defense. Mr. HASTINGS of Washington. Mr. prevented had Mr. Rumsfeld been responsive What we should be debating today is Speaker, I am pleased to yield 4 min- to earlier reports of violations. Instead, the the failure of Congress. We should be utes to the gentleman from California publicly dismissed or minimized such ac- having hearings dealing with these (Mr. CUNNINGHAM). counts. He and his staff ignored detained re- issues on armed services, international Mr. CUNNINGHAM. Mr. Speaker, all ports by respected human rights groups of us on both sides of the aisle come to about criminal activity at U.S.-run prisons relations, appropriations, government in Afghanistan, and they refused to provide operations. the well and to discuss the different access to facilities or respond to most ques- Mr. Speaker, my Republican col- events on this resolution. tions. In December 2002, two Afghan detain- leagues do themselves no favor rushing First of all, I am very, very proud of ees died in events that were ruled homicides this to the floor and refusing to deal the men and women that serve in our

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.005 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2671 armed services, and I served with in on the United States of America, that We also need to make sure, and iron- Vietnam and all the conflicts up to we sit down and we take care of this, ically, as I waited to speak, I received that point, but time has witnessed a but let us not forget the people that a message from Daniel Metzdorf, an sine wave of activities. serve us are the best of the best, and 82nd Airborne trooper who lost a leg In business we had Enron. We have yes, there are Enrons, there are Catho- fighting for the freedom that we all had a Member of this body sexually lic churches, there are others, but the want for Iraq, got a message, wanted to abuse a page. We have had a Nixon majority of our people are very good know how I am doing. He is the one break-in and impeachment of a Presi- people. that lost a leg. dent. Harassment in our military acad- Mr. MCGOVERN. Mr. Speaker, I yield We cannot lose the focus today, as we emies and we look at the scandal in the 1 minute to the gentlewoman from Or- speak out against this contemptible be- Catholic church, but Mr. Speaker, egon (Ms. HOOLEY). havior that 99.9 percent plus are won- there are good people in Enron, there Ms. HOOLEY of Oregon. Mr. Speaker, derful men and women in uniform who are good Members of Congress. The I rise today to condemn the alleged are seeking to bring freedom to Iraq, to harassment in our military academies, abuse of prisoners in Iraq. We must give them the opportunity to express most of those men and women serve take every step possible to investigate their opinion. Yes, the rest of the honorably, and the same thing in the the shocking allegations, punish any world, we have made a mistake here Catholic church, but good people is not perpetrators, re-examine our entire and we all agree but we will not accept the question here. system of interrogation and confine- it. The question is what happened in our ment to prevent such occurrence from Whatever steps are necessary to fol- interrogation facility, and I sit and I happening in the future. low up our condemnation today of questioned myself, what are the key I have called on Attorney General these despicable acts, we will, as Re- reasons why everybody is so upset? Ashcroft to begin an investigation of publican, Democrats, in a bipartisan What factors bother us? One thing, abuses committed by private military manner, we will get to the bottom of leadership at the point of infraction, contractors in Iraq. I circulated this it. The perpetrators will be punished. and secondly, the timeliness. Let me letter to all of my colleagues for re- We will see that it does not happen give my colleagues a good example. view. A hundred Democrats have again. Justice will be served. Freedom I had an admiral that brought us, his signed on so far. I hope all my col- will be protected. commanding officers, together, and leagues will join me in this effort. We are here to do the right thing. In the year 2000, Congress passed the said if I have a single commanding offi- That is what America is about, but Military Extra Territorial Jurisdiction cer that gets busted with a DUI or please do not lose sight of what is Act, which allows the Justice Depart- DWI, I am going to fire you, and not a being done for us, for Iraq, the rest of ment to investigate and prosecute single CO received a DUI or DWI. If the world by these men and women in criminal action by contractors abroad they went to a party, they had a des- uniform who are seeking to provide that are in the employ of the United ignated driver. Prior to that, many of freedom and justice for all the world. States Government. This Congress the commanding officers got picked up Mr. Speaker, again I thank the gen- granted the Attorney General this au- for a DUI or DWI. tleman from Washington (Mr. I would bet, Mr. Speaker, that no one thority for this exact case. Attorney General Ashcroft has the HASTINGS) for the time. at that prison sat those kids down and Mr. MCGOVERN. Mr. Speaker, I yield ability to investigate and prosecute said this is the expected conduct. I just any criminal abuse by private contrac- 3 minutes to the gentleman from Geor- witnessed from the services all kinds of tors. I urge him to begin his investiga- gia (Mr. LEWIS). paper, all kinds of rules, people that Mr. LEWIS of Georgia. Mr. Speaker, tion immediately. had been there to investigate, look at Mr. HASTINGS of Washington. Mr. I rise to speak against this rule. We the different things that go on, but I Speaker, I am pleased to yield 3 min- can do better. We can do much better want to tell my colleagues, not a single utes to the gentleman from North as a Nation and as a people. Mr. Speaker, I rise today with a officer sat down with those sergeants, Carolina (Mr. HAYES). with those people and said if this is Mr. HAYES. Mr. Speaker, I thank heavy heart, but my conscience is your conduct these are the con- the gentleman for yielding me the clear. I am so sick and tired of seeing sequences, like that admiral did with time. so many of our young men and our us and the DUI’s. The breakdown was We come today together as a unified young women die in Iraq. I am deeply at the point of leadership at the prison. body, 435 Members of the people’s troubled by the acts that some of our Secondly is the timeliness. I had a House, without any question about soldiers committed against the pris- squadron and I had exceptions to the condemning totally unacceptable be- oners of war in Iraq. chain of command. My friend over here havior, and I support this rule very Mr. Speaker, I say to my colleagues the gentleman from New York (Mr. strongly because it is most appropriate today, we must take a good and hard RANGEL) knows about the chain of that we come to the floor and say look at the leadership of this Nation, command. He was in the service, but as today our unanimous condemnation of the leadership of this government, the commanding officer, a person could behavior we do not accept under any leader of this government, the person walk into my office, past my chief, circumstances. who was in charge. I say to my col- past my division officer, past my exec- We need to maintain a focus that leagues today, we must hold the leader- utive officer for several things: any says to the American people and even ship, the President, the Secretary of known sexual abuse, because I had more importantly the rest of the world Defense, the Vice President, hold them women in the squadron; anything ra- that in a free society, where men and accountable for mistake after mistake cial, even verbal, because it could de- women can come to the well of the we have committed in this war, and we stroy the unit; any known drugs within House and express their opinion on any must hold them accountable for the the unit; the thing that I have rec- subject, there are many countries unjust torture of prisoners of war. ommended to the military, anything, around the world where freedom does Mr. Speaker, it is not a question of any conduct that would affect the unit, not exist, but in our free society, the who committed these unbelievable negatively, the Services or United home of the free and the land of the acts. It is not a question of who, but States of America, and I think those brave, we have the right to stand up what. What led to this flagrant dis- two things were overlooked in this and speak out when something goes regard for the humanity of our fellow case, that it did not go up the chain of wrong. human beings? Those at the highest command fast enough. There was not In the land of freedom, we have re- level of this government, the Presi- enough action taken, and that there sponsibility. People are accountable dent, the Vice President, the Secretary was a breakdown in leadership and cut- for their actions, and the perpetrators of Defense, they all have created the ting through the chain of command. of these deeds will be punished. This is climate and the environment that led The last thing I would recommend to the issue today. So now is the time to to these abuses. What happened to our military is that when they have stand up and express our joint outrage those prisoners is a reflection on our something so critical that is a blight for what has happened. soul, on our values.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.043 H06PT1 H2672 CONGRESSIONAL RECORD — HOUSE May 6, 2004 American citizens smiling as they we are in Iraq. We are there because of ing in this theater. The vast majority humiliate citizens of Iraq! There must the global war on terrorism. We are of them have served honorably and be a sense of righteous indignation in there because this is part and parcel of courageously, I would say to my col- America about what happened in those the global war on terrorism. league who just spoke who said, sure, prison cells, and there must be a sense There are 135,000 American troops we have some criminal acts, but why of righteous indignation in this Con- who are part of this very important can we not convict more people up the gress against these unspeakable acts. international coalition, and we have chain of command for those acts. Does it profit a great Nation to gain a seen tremendous success. The facts are in this country when whole world or win a war and lose a b 1215 somebody commits a criminal act, soul? they are held accountable for that act. Mr. Speaker, I have said it in the It is important for us to support this They are being held accountable. I past and I say it again today. War is resolution, but it is also very impor- want to remind my colleagues once messy. It is bloody. It tends not to just tant for us to realize that any sign of again of the numbers. The numbers are hide the truth, but to sacrifice the weakness from the United States of 300,000 Americans serving honorably in truth. Why did it take so long, so long America as we proceed with resolve in Iraq. The numbers further at this point for us to get this information? Why did dealing with these terrorists in Iraq, are that six of them have been rec- not Mr. Rumsfeld, why did not the any sign of weakness emboldens those ommended for criminal prosecution President inform the Congress? Why terrorists. That is why, yes, we are under UCMJ for these acts. going to ensure that anyone who is re- did officials at the highest levels of Once again, I saw in The Washington sponsible for this and is convicted government try to hide these criminal Post this morning that picture of that under the Uniform Code of Criminal acts against humanity? Why did they same lady undertaking a reprehensible Justice is in fact going to go to jail be- try to cover it up? act with respect to a prisoner. We have cause they are criminals. Mr. Speaker, we have made mistakes, seen thousands of pictures. The ones yes, but it is not enough to issue an At the same time, we must realize that, as the gentleman from North that I have seen at least that have apology. It is not enough to say we are come forward all have the same several Carolina (Mr. HAYES) said, there are sorry—and we should apologize. We individuals. My point is 300,000 people should say we are sorry. 135,000 courageous men and women in the U.S. Armed Forces who are seeking serving honorably, over 3,000 Purple The handwriting is on the wall, Mr. Hearts awarded, thousands of Bronze Speaker. It is time for us to close this to win this war and we need to, with this resolution that the gentleman Stars awarded, 127 Silver Stars award- very dark and sordid chapter of our ed for valor, four Distinguished Service from California (Mr. HUNTER) has put history. It is time for the Secretary of Crosses or Navy Crosses awarded for Defense to go. He must leave. together, underscore and demonstrate the solidarity and resolve of the Amer- valor in this war, and our troops in Mr. HASTINGS of Washington. Mr. contact right now. Speaker, I am pleased to yield as much ican people and the United States Con- So while we have potentially six bad time as he may consume to the gen- gress behind our men and women. apples, and I want to set the record tleman from California (Mr. DREIER), Support this rule, support this reso- straight, three have been recommended the distinguished chairman of the Com- lution, and let us move forward and to the court martial convening board mittee on Rules. make sure that we do resolve this very (Mr. DREIER asked and was given difficult situation. for court martials. It is the convening board’s decision whether or not those permission to revise and extend his re- Mr. MCGOVERN. Mr. Speaker, I yield marks.) 1 minute to the gentlewoman from Illi- court martials go forward and when. So Mr. DREIER. Mr. Speaker, I rise in nois (Ms. SCHAKOWSKY). three out of the six who have been rec- strong support of this rule. Ms. SCHAKOWSKY. Mr. Speaker, ommended for court martial under ar- Last night, I stood here in the well well, it is obvious from this resolution ticle 32 are now before the court mar- following the speech that my friend to me that the days of the ‘‘buck stops tial convening authority. That is six from Georgia gave and he has delivered here’’ are dead and gone. Oh, yes, it people. the same speech, and I want to say to takes occasion to single out those indi- Sure, investigations may show more my friend from Georgia, while address- viduals who do have blame for abusing people, but they do not show thousands ing the Speaker according to the rules in the most horrendous way our pris- of people. They do not show tens of of the House, that righteous indigna- oners. But nowhere in here does it say thousands of people, and what the tion is something that every single one that those who are in the leadership of record in Iraq does reflect is 300,000 of us, every single one of us has dem- this mission in Iraq hold any responsi- courageous Americans serving our onstrated by the support of this resolu- bility whatsoever. country. tion. We are all outraged at the photo- I looked through this carefully, and One other thing that we put in this graphs that we have seen, and we be- it seems that they want to limit it to resolution, while all of this national lieve that it is reprehensible that these a few individuals that they will go media and international media is going kinds of actions should take place. after. And by the way, not just the to the six, to the six bad apples who Dating back to 1785, the framers of right individuals. There is no mention have been identified so far, and the ca- our Constitution, Benjamin Franklin, in this of the private military contrac- reers have been ended of about seven Thomas Jefferson, Alexander Hamilton tors, individuals who for profit are in superior officers up through the chain and others, focused at that point on the those prisons that we know are under of command up to the general who is importance as we deal with conflicts of investigation, may even have been giv- the brigade commander, not because recognizing the human rights of even ing orders, companies like Titan and they knew anything about it, in fact, our adversaries, and that is why it is so CACI that were hired to be in those in some cases probably because they important for the United States of prisons that are not part of the Uni- did not know anything about it, but be- America, which is the only Nation on form Code of Military Justice. Where cause it was on their watch it hap- the face of the earth that could do this are we going to point our fingers at pened, those careers have been ended. kind of work, to step forward, and yes, them and hold them accountable? We have thousands of acts of compas- liberate the people of Iraq, send a posi- Mr. HASTINGS of Washington. Mr. sion and nation-building and govern- tive message for the cause of freedom Speaker, I yield 3 minutes to the gen- ment-building carried on by the men throughout the entire world, but at the tleman from California (Mr. HUNTER), and women who wear the uniform of same time, recognize those important the distinguished chairman of the Com- the United States. They have started rights that do date back to 1785 and the mittee on Armed Services and the au- city councils, repaired sewage lines, founding of the United States of Amer- thor of this resolution. and inoculated kids so they will not ica. Mr. HUNTER. Mr. Speaker, I think it get sick. They have done great things, We do, as my friend from North Caro- is time for us to refocus. The focus and we put that in this resolution be- lina (Mr. HAYES) stated very elo- should be on the fact that we have had cause they deserve a little attention, quently, need to realize why it is that over 300,000 Americans in uniform serv- not just the six bad apples.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.045 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2673 Mr. MCGOVERN. Mr. Speaker, I yield ual abuse. In five of the 14 images that the Brigadier General Mark Kimmitt, deputy 11⁄2 minutes to the gentleman from Sunday Herald has seen, a female soldier— director of coalition operations in Iraq, said Washington (Mr. MCDERMOTT). identified as Lynndie England, a 21-year-old he was ‘‘appalled’’. He added: ‘‘These are our from a West Virginia trailer park—is playing fellow soldiers. They were the same uniform (Mr. MCDERMOTT asked and was up to the camera while her captives are tor- as us, and they let their fellow soldiers down. given permission to revise and extend tured. In one picture, she’s smiling and giv- Our soldiers could be taken prisoner as his remarks, and include extraneous ing the thumbs-up. Her hand rests on the well—and we expect our soldiers to be treat- material.) buttocks of a naked and hooded Iraqi who ed well by the adversary, by the enemy—and Mr. MCDERMOTT. Mr. Speaker, we has been forced to sit on the shoulders of an- if we can’t hold ourselves up as an example all know what is going on out here other Iraqi prisoner. of how to treat people with dignity and re- today. We are passing a CYA resolution In another, she is sprawled laughing over a spect . . . we can’t ask that other nations do to limit the damage. The Christian pyramid of naked Iraqis. A male colleague that to our soldiers as well. This is wrong. Science Monitor carries the story of stands behind her grinning. Later, she’s got This is reprehensible. But this is not rep- a cigarette clenched between grinning lips resentative of the 150,000 soldiers over here.’’ Mr. Miklaszewski from NBC News who and is pointing at the genitals of a line of But these soldiers aren’t simply mav- asked the question of a Pentagon offi- naked, hooded Iraqis. A third snap shows her ericks. Some accused claim they acted on cial about the soldiers involved. He embracing a colleague as a naked Iraqi lies the orders of military intelligence and the said, ‘‘You mean the six morons who before them. CIA, and that some of the torture sessions lost the war?’’ In other pictures, two naked Iraqis are were under the control of mercenaries hired The decision has been made in the forced to simulate oral sex and a group of by the U.S. to conduct interrogations. Two Pentagon what they are going to do to naked men are made to clamber on to each ‘‘civilian contract’’ organizations taking other’s backs. One dreadful picture features those six, but this resolution does not part in interrogations at Abu Ghraib are nothing but the bloated face of an Iraqi who linked to the Bush administration. go wide and deep like it ought to. This has been beaten to death. His body is California-based Titan Corporation says it was not six young people that we are wrapped in plastic. is ‘‘a leading provider of solutions for serv- going to blame and make scapegoats Other pictures, which the world has not ices for national security’’. Between 2003–04, and send them out in the wilderness. seen, but which are in the hands of the U.S. it gave nearly $40,000 to George W. Bush’s This has to go all of the way to Mr. military, include shots of a dog attacking a Republican Party. Titan supplied translators Rumsfeld, the Secretary of War. prisoner. An accused soldier says dogs are to the military. ‘‘used for intimidation factors’’. CACI International Inc. describes its aim A Scottish newspaper, the Sunday There are also pictures of an apparent Herald, said, ‘‘The pictures that lost as helping ‘‘America’s intelligence commu- male rape. An Iraqi POW claims that a civil- nity in the war on terrorism’’. Richard the war. The grim images of American ian translator, hired to work in the prison, Armitage, the current deputy U.S. secretary and British soldiers torturing Iraqi raped a male juvenile prisoner. He said: of state, sat on CACI’s board. prisoners has taken the moral high ‘‘They covered all the doors with sheets. I No civilians, however, are facing charges ground from Blair and Bush.’’ And the heard the screaming . . . and the female sol- as military law does not apply to them. Colo- article finishes with a quote from Lieu- dier was taking pictures.’’ nel Jill Morgenthaler, from CentCom, said tenant Colonel Retired Bill Cowan of The British pictures show a hooded Iraqi that one civilian contractor was accused aged between 18–20 on the floor of a military the United States Marines, ‘‘We went along with six soldiers of mistreating pris- truck being brutalized. According to two oners. However, it was left to the contractor to Iraq to stop things like this from squaddies who took part in the torture, but to ‘‘deal with him’’. One civilian interro- happening; and, indeed, here they are later blew the whistle, the Iraqi’s ordeal gator told army investigators that he had happening under our tutelage. If we do lasted eight hours and he was left with a bro- ‘‘unintentionally’’ broken several tables dur- not tell this story, these kinds of ken jaw and missing teeth. He was bleeding ing interrogations as he was trying to ‘‘fear- things will continue and we will end up and vomited when his captors threw him out up’’ detainees. getting paid 100 or 1,000 times.’’ of a speeding truck. No one knows if he lived Lawyers for some accused say their clients or died. are scapegoats for a rogue prison system, The other side can try and limit the One of the British soldiers said: ‘‘Basically damage here with this and say let us which allowed mercenaries to give orders to this guy was dying as he couldn’t take any serving soldiers. A military report said pri- keep it in the Secretary of the Army, more. An officer came down. It was ‘Get rid vate contractors were at times supervising but the fact is that the world knows of him—I haven’t seen him’.’’ The other the interrogations. much more broadly. whistle-blower said he had witnessed a pris- Kimmitt said: ‘‘I hope the investigation is [From the Sunday Herald, May 2, 2004] oner being beaten senseless by troops. ‘‘You including not only the people who com- could hear your mate’s boots hitting this mitted the crimes, but some of the people THE PICTURES THAT LOST THE WAR lad’s spine . . . One of the lads broke his who might have encouraged the crimes as (By Neil Mackay) wrist off a prisoner’s head. Another nearly well because they certainly share some re- It’s an image that would do Saddam proud. broke his foot kicking him.’’ sponsibility.’’ A terrified prisoner, hooded and dressed in According to the British soldiers, the mili- Last night, CACI vice-president Jody rags, his hands out-stretched on either side tary police have found a video of prisoners Brown said: ‘‘The company supports the of him, electrodes attached to his fingers and being thrown from a bridge, and a prisoner Army’s investigation and acknowledges that genitals. He’s been forced to stand on a box was allegedly beaten to death in custody by CACI personnel in Iraq volunteered to be about one-foot square. His captors have told men from the Queen’s Lancashire Regiment. interviewed by army officials in connection him that, if he falls off the box, he’ll be elec- Although there is a debate about the verac- with the investigation. The company has re- trocuted. ity of the images, Armed Forces Minister ceived no indication that any CACI employee The torture victim was an Iraqi and his Adam Ingram said that if the pictures were was involved in any alleged improper con- torturers were American soldiers. The pic- real, they were ‘‘appalling’’. A Downing duct with Iraqi prisoners. Nonetheless, CACI ture captures the moment when members of Street spokesman said Tony Blair expected has initiated an independent investigation.’’ the coalition forces, who styled themselves ‘‘the highest standards of conduct from our However, military investigators said: ‘‘A liberators, were exposed as torturers. The forces in Iraq’’. The U.K.’s most senior army CACI investigator’s contract was terminated image of the wired and hooded Iraqi was one officer, General Mike Jackson, said that if because he allowed and/or instructed mili- of a series of photographs, leaked by a horri- the allegations were true then those involved tary police officers who were not trained in fied U.S. soldier inside Saddam’s old punish- were ‘‘not fit to wear the Queen’s uniform.’’ interrogation techniques to facilitate inter- ment centre, Abu Ghraib—now a U.S. POW The Defense Ministry is in crisis over the rogations which were neither authorised nor camp. pictures as top brass know they ruin any in accordance with regulations.’’ When the images were flashed around the hope of U.K. forces winning Iraqi hearts and One of the U.S. soldiers facing court mar- world by America’s CBS television network minds. tial is reservist Staff Sergeant Chip Fred- last Wednesday, there was a smug feeling The U.S. torture pictures were taken by erick—the equivalent of a part-time terri- within the U.K. that British troops would members of the American 800th Military Po- torial army squaddie. In civvy street, he was never behave like that to their prisoners. lice Brigade sometime late last year. Fol- a prison warder in Virginia. Frederick has But on Friday night, the U.K. was treated to lowing an investigation, 17 soldiers were re- said he will plead not guilty and blame the images—courtesy of the Daily Mirror—of moved from duty for mistreating captives. army for the torture at Abu Ghraib. ‘‘We had British soldiers urinating on a blood-stained Six face court martial. Brigadier General no support, no training whatsoever,’’ he said, Iraqi captive, holding guns against the man’s Janice Karpinski, who ran Abu Ghraib and claiming he had never been shown the Gene- head, stamping on his face, kicking him in three other U.S. military jails, is suspended va Convention. ‘‘I kept asking my chain of the mouth and beating him in the groin with and faces court martial. Prior to the command for certain things like rules and a rifle butt. relevations, Karpinski assured the U.S. regulations and it just wasn’t happening.’’ The pictures of U.S. soldiers torturing media that Abu Ghraib was run according to Frederick also blamed the intelligence their captives have the added horror of sex- ‘‘international standards’’. services for encouraging the brutality.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.047 H06PT1 H2674 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Among the agencies coming to the prison The Associated Press reports that a senior the U.S. and coalition forces a legitimate were ‘‘military intelligence’’, said Frederick, Bush administration official, speaking on enemy in the eyes of more Arabs than was adding: ‘‘We had all kinds of other govern- condition of anonymity, said the photos (of the case before,’’ said Anthony Cordesman, ment agencies, FBI, CIA.’’ U.S. soldiers abusing Iraqi prisoners) hurt an expert on Middle East security issues at In letters and e-mails home, he wrote: the U.S. efforts to win over an audience that the Center for Strategic and International ‘‘Military intelligence has encouraged and is already deeply skeptical of U.S. inten- Studies. told us ‘Great job’.’’ He added: ‘‘They usually tions. Arabs and Muslims, the official added, Mr. Cordesman, in another interview with don’t allow others to watch them interro- ‘‘are certain to seize upon the images as Reuters, said the mistreatment of Iraqi pris- gate. But since they like the way I run the proof that the American occupiers are as oners also hurts the war on terror. ‘‘Those prison, they have made an exception . . . We brutal as ousted President Saddam Hussein’s Americans who mistreated the prisoners help getting [the PoWs] to talk with the way government.’’ may not have realized it, but they acted in we handle them . . . We’ve had a very high Officials at the Defense Department are the direct interests of Al Qaeda, the insur- rate with our style of getting them to break. also said to be ‘‘livid,’’ and well aware of the gents, and the enemies of the U.S.’’ ‘‘These They usually end up breaking within hours.’’ damage that has been done by the incident, negative images validate all other negative Frederick said prisoners were made to live according to NBC News’ Pentagon reporter images and interact with them,’’ he in cramped windowless cells with no clothes, Jim Miklaszewski. Speaking on the Imus in [Cordesman] said in a statement, citing running water or toilet for up to three days. the Morning radio/MSNBC program Tuesday, ‘‘careless U.S. rhetoric about Arabs and Others were held for 60 days before interro- Mr. Miklaszewski said he asked a Pentagon Islam,’’ failures to stabilize Iraq, continued gation. He said one prisoner with a mental contact about the soldiers alleged to be in- Israeli-Palestinian violence and fears the health condition was ‘‘shot with non-lethal volved, to which the Pentagon official re- United States is out to dominate the Middle rounds’’. An interrogator told soldiers to plied, ‘‘You mean the six morons who lost East. ‘‘stress one prisoner out as much as possible the war?’’ The Miami Herald, in an editorial, writes [as] he wanted to talk to him the next day’’. The Chicago Tribune reports that other ex- that the exposure of abuse at Abu Gharaib Frederick also said one prisoner was perts agree with this assessment. ‘‘The can ‘‘seriously damage’’ the success of US ‘‘stressed so bad that the man passed away’’. United States already had a huge perception operations, both militarily and otherwise, in Prisoners were covered in lice and some had problem in the Arab world,’’ said Stephen Iraq. It is too bad that the response so far, tuberculosis. None were allowed to pray. Walt, a professor of international affairs at from President Bush’s perfunctory indigna- Frederick said his commander sanctioned all Harvard’s Kennedy School of Government. tion to General Myers’ blaming a few way- this. ‘‘This is only going to reinforce the belief ward soldiers, badly misses the mark. The The former commander of Guantanamo that the United States is anti-Arab and anti- whole premise of the US invasion of Iraq (as Bay prison, Major General Geoffrey Miller, Muslim, whether it’s true or not.’’ currently construed) is to rid the Iraqi peo- has now been made deputy commander for As the Financial Times noted, even before ple of a brutal dictator and create a foothold containment operations to overhaul the the incidents at Abu Ghraib, opinion polls for democracy in the Middle East. The sense- Iraqi detention centres. taken in Iraq and other Muslim and non- less humiliation and abuse of Iraqi pris- Frederick, unlike mercenaries, faces jail Muslim nations ‘‘indicated an almost global oners—many of whom were civilians and and being thrown out of the army. His law- nadir of U.S. credibility and popularity.’’ have since been released without charges—is yer, Gary Myers said: ‘‘The elixir of power, And the Times reports that the U.S.’s much an indelible stain on that endeavor. Yet in the end, The Christian Science Mon- the elixir of believing that you’re helping the hailed public relations campaign in the Mid- itor reported Monday, this latest incident CIA, for God’s sake, when you’re from a dle East is ‘‘floundering.’’ small town in Virginia, that’s intoxicating. The New York Times reported late last may not have made all that much difference And so, good guys sometimes do things be- week that Margaret Tutwiler, the woman to many in the Arab world because their lieving that they are being of assistance and who was put in charge of the program to opinion of the US had already sunk as low as helping a just cause . . . and helping people make changes in the U.S.’s ‘‘public diplo- it could. That is why, argues Rami Khouri, a they view as important.’’ macy effort’’ announced she was leaving the Jordanian political analyst and editor of Lebanon’s Daily Star, the only thing that Kimmitt admitted: ‘‘I’d like to sit here and job to take a position with the New York will substantially change the US’s image in say that these are the only prisoner abuse Stock Exchange. The Financial Times also the Muslim world, is a change of policies. cases that we’re aware of, but we know that reports that experts on the Middle East say ‘‘They [the US] have to be more even-handed there have been others.’’ public relations programs or new pro-US TV in the Arab-Israeli issue, be less militaristic This also applies to Britain. A Sunday Her- channels will not change the way people in in addressing regimes they don’t like, be ald investigation has found that at least the Arab world feel. ‘‘It is not the case that more consistent in promoting democracy ev- seven civilians have died in British custody Arabs and Muslims feel antipathy towards erywhere not only in a few places,’’ Khouri in Iraq. the U.S. because they are being brainwashed Describing the images of abuse as an says. ‘‘They can turn their image around, by Al Jazeera or reading state-controlled ‘‘atrocity’’, Abdel Bari Atwan, editor of the but only if they turn their policies into more media in Egypt—it’s American policy,’’ said newspaper Al-Quds Al-Arabi, said: ‘‘The lib- consistently fair and reasonable ones.’’ Samer Shehata, professor of Arab politics at erators are worse than the dictators.’’ His Georgetown University. ‘‘Regardless of how Mr. MCGOVERN. Mr. Speaker, I yield sentiments have been echoed around the 1 many radio stations you have that play 2 ⁄2 minutes to the gentleman from world. It is hard to find a country or agency great music, or TV stations like al-Hurra, as Massachusetts (Mr. FRANK). that hasn’t condemned the torture of Iraqi long as U.S. policy—whether it be in Iraq or Mr. FRANK of Massachusetts. Mr. prisoners. From the Red Cross to the UN and Palestine—remains the same you are not from Amnesty to the coalition’s loyal ‘‘dep- Speaker, I agree that the great major- going to win hearts and minds.’’ ity, overwhelming majority of Ameri- uty in the Pacific’’, the Australian premier Rashid Khalidi, director of the Middle East John Howard, the world is united in horror cans serving in Iraq, military and civil- Institute at Columbia University, echoes ian, are honorable people who have against the actions of the US and UK forces. this view. ‘‘I think the United States is less The awful cost of these acts of barbarism respected at the end of these 13 months than gone to great risk. They are among the by Britain and America is summed up by ex- it has ever been,’’ he said. ‘‘Never has a victims of these outrages. It is a US Marine Lieutenant Colonel Bill Cowan: country with such unlimited power been so shameful thing that their bravery, ‘‘We went to Iraq to stop things like this pitifully unable to affect outcomes. Ruth- their good work, their integrity has from happening, and indeed, here they are less, murderous terrorists can strike at will happening under our tutelage . . . If we don’t been besmirched. We owe it to them to in the United States and the U.S. can’t take tell this story, these kind of things will con- do a full investigation. Fallujah?’’ We heard reference to the six. I hope tinue, and we’ll end up getting paid back 100 In the same article, by Agence-France or 1000 times over.’’ it is only six, but I am skeptical. Presse, Robert Leiber, professor of govern- Months ago I would have said it would ment and foreign service at Georgetown Uni- [From the Christian Science Monitor, May 4, versity, argues, however, in favor of keeping not be six. Had these accusations been 2004] ‘‘things in perspective.’’ ‘‘The photographs made months ago, I would have said, ‘‘SIX MORONS WHO LOST THE WAR’’ and, more importantly, the acts themselves no, Americans do not act like that. We (by Tom Regan) are harmful to the cause of helping the now have to acknowledge, tragically, Regardless of the outcome of the now mul- Iraqis form a stable and democratic coun- sadly, heartsickeningly, that we do; tiple investigations into prisoner abuse at try,’’ Leiber said, but he noted that such and we owe it to everyone to have a Baghdad’s Abu Ghraib prison, politicians and treatment is contrary to U.S. policy. ‘‘We full investigation. But we owe some- media around the world say the United must keep in mind that, although this has thing more. We owe the people of this States’ image has suffered a serious blow. been an ugly business, it pales in comparison country and the people of adherence to Sen. Joe Biden (D) of Delaware said on Fox to what Saddam (Hussein) did to his own News Sunday that ‘‘This is the single most people over 30 years,’’ he said. the democratic process. significant undermining act that’s occurred Unfortunately, many others believe that What troubles me about this resolu- in a decade in that region of the world in the damage has already been done. The alle- tion is the persistence of the Repub- terms of our standing.’’ gation of mistreatment of prisoners ‘‘makes lican majority in a pattern of using the

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.007 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2675 rules of this House and their small ma- people in uniform. I thought it was ap- counts of inhumane treatment of de- jority to frustrate open democratic propriate since we have 300,000 people tainees in Iraq. The conduct in those procedures. We have had a terrible who have done right to continue to pictures is absolutely intolerable, and blow to this country. We hope it was mention the fact that they have done the United States must take swift and perpetrated only by a few, but the in- some good things in Iraq. I think the decisive action to investigation and re- competence and indifference of superi- gentleman from Missouri (Mr. SKEL- solve this terrible incident and make ors clearly contributed to it. TON) agreed with that also. sure it never happens again. We owe ourselves and the American The Democrat leadership did not While this resolution calls on the people a full investigation. We are not want to include those good things in Secretary of the Army to conduct a even allowed under the majority’s rules this particular resolution, and that is full and thorough investigation into to put forward a motion calling for why this had to come forward not the allegations of mistreatment, take such an investigation. The other side of under unanimous consent agreed to by corrective action against those respon- the aisle has already decided it is only the gentleman from Missouri (Mr. sible and ensure that it never happens the six. We are abusing the democratic SKELTON) and myself, but it had to again, I believe Congress must also do process here. come forward through the rules proc- its job and conduct its own investiga- We are trying to teach the people of ess. tion. Iraq about democracy. One of the Mr. FRANK of Massachusetts. Mr. b 1230 things we have been worried about is Speaker, will the gentleman yield? that a particular majority, the Shia, Mr. HUNTER. I yield to the gen- Mr. Speaker, Congress was never no- might not understand the importance tleman from Massachusetts. tified about the problems at Abu of minority rule. We are trying to get Mr. FRANK of Massachusetts. Mr. Ghraib prison, even though the Depart- them to understand how you do that Speaker, I would say two things. First, ment of Defense had a report outlining the gentleman from California (Mr. difficult thing of reconciling majority the conditions there 3 months ago. As a HUNTER) and the cosponsor, the gen- control and majority’s right to decide partner in the War on Terror, Congress tleman from Missouri (Mr. SKELTON), with full minority participation. absolutely has not only the right, but The majority, Mr. Speaker, are giv- are entitled to their decisions; but so is the responsibility to investigate what ing them exactly the wrong example of the whole House. It is the House that went wrong up and down the chain of should decide whether paragraphs go in how to do that. I suppose we ought to command. or out. I do not understand why the say to the people of Iraq who watch So today, Mr. Speaker, I urge a ‘‘no’’ majority does not allow the House to this narrow majority, for partisan pur- vote on the previous question. If the vote. poses refuse to allow an open debate on previous question is defeated, I will Secondly, I appreciate that some in- offer an amendment to the rule allow- this extraordinary issue. Please do not vestigation is going on; but I am not a try this at home. We are giving them ing for the consideration of an amend- great believer in people investigating ment offered by the gentleman from exactly the wrong example of how to themselves and nobody else. I believe proceed. This is a chance to show de- Missouri (Mr. SKELTON) affirming the an outside investigation is necessary. need for bipartisan congressional in- mocracy. Yes, some people made a mis- Mr. HUNTER. Mr. Speaker, reclaim- vestigations into these allegations are take. Let us throw this open and do ev- ing my time, I would simply say, before of abuse, including those by U.S. civil- erything possible to purge ourselves of we knew about this, the criminal pro- ian contractor personnel or other U.S. this error and not appear to be cutting cedures were going forward. It was the civilians, and into the chain of com- it off. United States Army soldier, not a mand and other deficiencies that con- So we are compounding the terrible press, not an IG who brought this for- misdeeds of that certain number of tributed to such abuse. ward. It was a United States Army sol- Let me be clear, Mr. Speaker, voting people, and we do not know how many dier who brought this forward. Crimi- in the prisons, by a partisan manipula- ‘‘no’’ on the previous question will not nal investigations are going on, under- prevent this House from voting on the tion of the process. The other side of taken by the Army. The court martial the aisle is doing a terrible thing. underlying resolution, it will simply process is in process. allow for the consideration of the Skel- Mr. HASTINGS of Washington. Mr. Mr. MCGOVERN. Mr. Speaker, I yield ton amendment and allow the House to Speaker, I yield 2 minutes to the gen- 15 seconds to the gentleman from Mas- UNTER conduct a bipartisan investigation. It tleman from California (Mr. H ). sachusetts (Mr. FRANK). Mr. HUNTER. Mr. Speaker, let me Mr. FRANK of Massachusetts. Mr. will allow us to do our job, what the just answer the gentleman who has Speaker, the gentleman from Cali- people we represent expect us to do. Congress is a full partner in the war just spoken. There are three investiga- fornia (Mr. HUNTER) apparently thinks tions going on right now. There is a that the Army has been the exemplar on terror. We need to do our job. We CENTCOM investigation, a criminal in- of good self-investigation. Many of us cannot call for accountability by oth- vestigation going on right now. If there do not. ers and then shirk our own responsi- are other people involved beyond these But aside from that substantive bility. Let us do our part to resolve six, those people will be picked up in issue, why is this not in a democracy a this awful situation and restore con- that investigation. There is also a De- subject for full debate of the House, not fidence and trust in our Nation and in partment of the Army investigation a 1-hour constricted debate with no our military. and a Department of the Navy inves- amendments allowed constructed by I urge a ‘‘no’’ vote on the previous tigation going on. the majority? question. Further, let me say to my friends, Mr. HASTINGS of Washington. Mr. Mr. Speaker, I include the following the ranking member, the gentleman Speaker, I yield 15 seconds to the gen- material for the RECORD. from Missouri (Mr. SKELTON), and I tleman from California (Mr. HUNTER). [From the New York Times, May 6, 2004] worked on this together. The Com- Mr. HUNTER. Mr. Speaker, let me RESTORING OUR HONOR mittee on Armed Services was the ap- say to my colleague that when the pub- (By Thomas L. Friedman) propriate standing committee to do licity flush is finished on what was We are in danger of losing something much this. We worked on this until late last done by who we have identified as some more important that just the war in Iraq. We night, and the people who vetoed what six individuals now, they will have re- are in danger of losing America as an instru- we thought we had an agreement on ceived thousands and thousands, as ment of moral authority and inspiration in were the Democrat leadership. much time and publicity as the 300,000 the world. I have never known a time in my Let me tell Members the two para- good Americans who have served this life when America and its president were more hated around the world than today. I graphs they vetoed. They wanted to country, and as much attention from kick out the two paragraphs that re- was just in Japan, and even young Japanese this Congress. dislike us. It’s no wonder that so many ferred to the good works in terms of Mr. MCGOVERN. Mr. Speaker, I yield Americans are obsessed with the finale of the providing food, providing education, myself the balance of my time. sitcom ‘‘Friends’’ right now. They’re the providing medical capability to the Mr. Speaker, all Americans have only friends we have, and even they’re leav- Iraqi people that were given by our been horrified by the pictures and ac- ing.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.048 H06PT1 H2676 CONGRESSIONAL RECORD — HOUSE May 6, 2004 This administration needs to undertake a decent from this war—if the Bush team can Should they have known that Iraqi oil total overhaul of its Iraq policy; otherwise, finally screw up the courage to admit its might not cover the cost of the occupation? it is courting a total disaster for us all. failures and dramatically change course. Probably. Should they have had enough That overhaul needs to begin with Presi- Yes, the hour is late, but as long as there’s troops on the ground to prevent looting and dent Bush firing Secretary of Defense Donald a glimmer of hope that this Bush team will a general breakdown of law and order? Well, Rumsfeld—today, not tomorrow or next do the right thing, we must insist on it, be- some might think so—but not, apparently, month, today. What happened in Abu Ghraib cause America’s role in the world is too pre- the president. prison was, at best, a fundamental break- cious—to America and to the rest of the You and I can argue the wisdom of going down in the chain of command under Mr. world—to be squandered like this. into Iraq some other time. What is not argu- Rumsfeld’s authority, or, at worst, part of a able, I think, is that the invasion and occu- deliberate policy somewhere in the military- [From the Washington Post, May 6, 2004] pation were marked every step of the way by intelligence command of sexually WHO SHOULD HAVE KNOWN? incompetence, smugness and repeated mis- humiliating prisoners to soften them up for takes. Yet the only people to feel the oppro- (By Richard Cohen) interrogation, a policy that ran amok. brium of the White House are those, such as Either way, the secretary of defense is ulti- This week the United States Army did the Richard Clarke or Joseph Wilson, who had mately responsible, and if we are going to re- oddest thing in this Age of Bush: It rep- the nerve, the gall, the immense chutzpah to build our credibility as instruments of hu- rimanded six soldiers in connection with the question administration policy. manitarian values, the rule of law and de- Iraqi prisoner abuse scandal—not for what The new accountability could be a wonder- mocratization, in Iraq or elsewhere, Mr. they did but for not knowing what others ful thing. It comes a bit late in the game, Bush must hold his own defense secretary ac- were doing. An Army spokesman put it this maybe, and will almost surely be limited to countable. Words matter, but deeds matter way: ‘‘They should have known...’’ If expendable underlings, but a supine Congress more. If the Pentagon leadership ran any that’s the standard, then half the Bush ad- just might get the idea and start asking U.S. company with the kind of abysmal plan- ministration will soon be gone. some hard questions about how things went ning in this war, it would have been fired by Maybe first to get the accountability ax so bad in Iraq. It might begin with Rumsfeld shareholders months ago. will be Defense Secretary Donald Rumsfeld. and ask him a more pertinent version of that I know that tough interrogations are vital He certainly should have known that a scan- famous question—not what did you know in a war against a merciless enemy, but out- dal was brewing in Iraqi prisons, and he and when did you know it but why, damn it, right torture, or this sexual-humiliation-for- should have bothered to read the Pentagon didn’t you know it in the first place? entertainment, is abhorrent. I also know the report detailing what went wrong. Instead, sort of abuse that went on in Abu Ghraib the Pentagon tried to delay CBS’s ‘‘60 Min- [From USA Today] prison goes on in prisons all over the Arab utes II’’ from showing pictures of prisoner WHY WAS PATTERN OF ABUSE IGNORED FOR SO world every day, as it did under Saddam— abuse and then, in an amazing public rela- LONG? without the Arab League or Al Jazeera ever tions offensive, sent the chairman of the The Bush administration swung into full saying a word about it. I know they are Joint Chiefs, Gen. Richard B. Myers, on damage-control mode Wednesday, trying to shameful hypocrites, but I want my country three Sunday talk shows to announce—a lit- quell a rising furor at home and abroad over to behave better—not only because it is tle bugle call here—that he had not read the the shocking abuse of prisoners in Iraq by America, but also because the war on ter- report either. It has been available since U.S. military personnel. rorism is a war of ideas, and to have any March. The general in charge of U.S.-run prisons chance of winning we must maintain the As is almost always the case, the Pentagon in Iraq apologized to the Iraqi people. Sec- credibility of our ideas. did not tell the State Department that a wee retary of Defense Donald Rumsfeld made the We were hit on 9/11 by people who believed spot of trouble was coming its way because, rounds of TV shows, claiming that the mis- hateful ideas—ideas too often endorsed by as we know, the Pentagon doesn’t tell the treatment of prisoners at Abu Ghraib prison some of their own spiritual leaders and edu- State Department anything. Who cares if a was an aberration and pledging that those cators back home. We cannot win a war of billion or so people in the Islamic world have involved would be dealt with swiftly and ideas against such people by ourselves. Only a snit? The Bushies hardly do diplomacy firmly. President Bush gave interviews to Arabs and Muslims can. What we could do— anyway. It’s for sissies. At a certain level— two Arabic-language TV stations, calling the and this was the only legitimate rationale a very high one—the Bush administration is behavior depicted in the photos broadcast on for this war—was try to help Iraqis create a as dysfunctional as it is cocky. TV last week ‘‘abhorrent’’ and counter to progressive context in the heart of the Arab- But if accountability is going to be the American values. Muslim world where that war of ideas could new order of the day, there’s no telling The question none answered: What took so be fought out. where things will wind up. What will happen long? But it is hard to partner with someone to CIA chief George Tenet, who assured the Documented complaints of mistreated pris- when you become so radioactive no one president that Iraq was a virtual storehouse oners in Iraq, Afghanistan and at Guanta- wants to stand next to you. We have to re- of weapons of mass destruction? It was ‘‘a namo Bay, Cuba, date back two years, in- store some sense of partnership with the slam dunk,’’ the spy chief said. He should cluding the cases of two Afghans whose world if we are going to successfully partner have known otherwise, but he did not. No deaths in 2002 were recently ruled homicides. Unlike the Abu Ghraib mistreatment, with Iraqis. matter. Instead of a reprimand, Bush always Mr. Bush needs to invite to Camp David expresses confidence in him and probably has those incidents were not caught on film. The abuse was further obscured by the still-lin- the five permanent members of the U.N. Se- given him a nickname, Slam Dunk George. curity Council, the heads of both NATO and Or take Condoleezza Rice. Should she have gering horror of the 9/11 terrorist attacks. the U.N., and the leaders of Egypt, Jordan, known that Bush was blowing smoke when But the nation now risks paying a mighty price for its failure to stand firmly in favor Saudi Arabia and Syria. There, he needs to he told the Nation that Iraq had tried to buy of international law and human dignity. eat crow, apologize for his mistakes and uranium from Niger? Yes, indeed. There was Otherwise-neutral Muslims are enraged, make clear that he is turning a new page. no such nuclear program in Iraq, and it aiding terrorists and turning Iraqis against Second, he needs to explain that we are los- hadn’t attempted to make that uranium pur- Americans. International support for the war ing in Iraq, and if we continue to lose the chase. The CIA knew that, yet Bush said oth- on terrorism has been undercut. At home, U.S. public will eventually demand that we erwise. Once again, no reprimand. Instead, support for Bush’s attempt to bring peace quit Iraq, and it will then become Afghani- she was rewarded with more sleepovers at and democracy to Iraq has eroded. A Gallup stan-on-steroids, which will threaten every- Camp David. Poll today shows the public’s disapproval of one. Third, he needs to say he will be guided What about Dick Cheney? He was the lead- Bush’s handling of Iraq has risen to 55%, the by the U.N. in forming the new caretaker ing hawk in the White House, so anxious to highest since the war began. government in Baghdad. And fourth, he go to war with Iraq that Secretary of State Ebbing support for the mission comes as needs to explain that he is ready to listen to Colin Powell characterized him as feverish. the scandal keeps expanding. U.S. officials everyone’s ideas about how to expand our The vice president repeatedly insisted that reported Wednesday that the number of pris- force in Iraq, and have it work under a new Iraq had ‘‘reconstituted’’ its nuclear weapons oner deaths in Iraq and Afghanistan under U.N. mandate, so it will have the legitimacy program. Should he have known better? To investigation or already blamed on U.S. cap- it needs to crush any uprisings against the revert to Cheney talk, you betcha. tors has risen to 14. The deaths of two Iraqi interim Iraqi government and oversee elec- Should Rumsfeld have known that stabi- prisoners are now considered homicides, and tions—and then leave when appropriate. And lizing Iraq would require more troops than 20 investigations are underway. he needs to urge them all to join in. he allotted? Gen. Eric K. Shinseki had said Warning signs about abuses of Iraqi detain- Let’s not lose sight of something—as bad so, but the Army chief of staff was brushed ees had been flashing for months: as things look in Iraq it is not yet lost, for aside and treated as an eccentric. The Pentagon acknowledged this week one big reason: America’s aspirations for Should Rummy and his deputy, Paul that enough concerns were raised last fall to Iraq and those of the Iraqi silent majority, Wolfowitz, have known that U.S. troops prompt a ‘‘top-level review’’ of how its Iraqi particularly Shiites and Kurds, are still might not be universally greeted with flow- detection centers were being run. aligned. We both want Iraqi self-rule and ers, kisses and donations to the Bush reelec- Abuses at Abu Ghraib were brought to the then free elections. That overlap of interests, tion campaign? It would have been prudent attention of commanders in Iraq by a tip however clouded, can still salvage something planning. from an unidentified soldier in January.

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.012 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2677 A damning report by a general assigned to ment by coalition forces during the past There was no objection. investigate the charges has been lying year,’’ including during interrogations, and Mr. MCGOVERN. Mr. Speaker, I yield around the Pentagon since March 3, appar- that ‘‘virtually none of the allegations of back the balance of my time. ently without getting the attention of any torture or ill treatment has been adequately Mr. HASTINGS of Washington. Mr. top decision-maker. The report documented investigated by the authorities.’’ Speaker, I yield myself such time as I ‘‘numerous incidents of sadistic, blatant and Recall that a key excuse for the U.S. inva- wanton criminal abuses.’’ sion was to ensure the safety of Iraqi sci- may consume. The military brass could no longer ignore entists and others in the know so that they This is an important resolution, and the problem last week, when photos of U.S. might feel free to reveal the location of I think it is fitting we have this debate soldiers gloating over naked prisoners forced weapons of mass destruction or evidence of on this. But I would remind my friends into degrading acts surfaced on CBS’ 60 Min- Saddam Hussein’s potential ties to Al Qaeda. on the other side of the aisle that we utes II. More details about the abuses, based Shockingly, some of those scientists are now have a system here where we break on leaks from the then-secret military re- in coalition prisons, even though the weap- down this big body into committees. port, appeared in The New Yorker this week. ons clearly don’t exist. That is the proper way we get to the Even then, the Pentagon shrugged off the In this context, of course, it makes sense story as a case of a few renegade soldiers that U.S. interrogators would feel enormous heart of some of the issues that con- who already had been punished. Worldwide pressure to use any means necessary to front us. And I just talked to the chair- outrage forced the Bush administration to verify the absurd claims made so aggres- man of the Committee on Armed Serv- address the matter seriously. sively by the president and his Cabinet be- ices, and they are going to have hear- Some military personnel down the chain of fore the war. Far from the jurisdiction of the ings on this. There will be probably command did the right thing, notably the U.S. legal system, they apparently felt quite several hearings as this process goes troops who blew the whistle at Abu Ghraib free to approve techniques clearly banned by through, and I suspect that there will and leaked photos to the media when superi- war crimes statutes. be probably some other committees ors failed to take stern action. But top com- Yet, astonishingly, weeks after the Penta- manders seemed more concerned with keep- gon’s own damning internal report on the that will find out if they will have ju- ing the scandal quiet than ensuring that torture at Abu Ghraib, and several days after risdiction and will look at that. those who committed abuses would be pun- CBS’ ‘‘60 Minutes II’’ broke open the story So I just want to say that this is a ished and the attitudes that allowed such be- worldwide by showing those horrific photos, start of a process that we need to ad- havior would not be tolerated. Defense Secretary Donald H. Rumsfeld still dress. Everybody is outraged by what Defenders of the military say the abuse had not been briefed on the report, a spokes- happened over there with that small was the work of a few sadistic prison officers man said Sunday. Similarly, the chairman of group of individuals in Iraq. That is and overzealous intelligence agents in Iraq, the Joint Chiefs of Staff, Gen. Richard B. not America, and we all know that. We and some already are being disciplined. Myers, admitted Sunday that he hadn’t yet Perhaps so. But their arguments do not ex- bothered to read the 53-page report filed by all know that is not America, and that plain a climate that resulted in abuses from Army Maj. Gen. Antonio M. Taguba, even is why I think this resolution will be Afghanistan to Guantanamo Bay. though he had successfully requested that pass with strong bipartisan support. Now that the Pentagon has finally ac- CBS delay its ‘‘inflammatory’’ broadcast. And I would say this, Mr. Speaker: I knowledged the problem, it needs to inves- This shows far more concern for public rela- thought the President, in his two inter- tigate thoroughly, punish those who com- tions than for finding out the truth. views with the Arab TV stations, said mitted or tolerated abuses and implement How could it be that the top officials re- it very well. He was very forthright. safeguards to prevent a recurrence. sponsible for the military were not them- And in many respects, what we are just Those steps could begin to repair the enor- selves interested in keeping abreast of the mous damage the scandal has caused. investigation—even after the story had ex- saying here today is a message to the ploded into a global scandal? Iraqis and to the Middle East that our [From the Los Angeles Times, May 4, 2004] After all, an ambitious promise to bring form of government and the form of WHEN WE’RE THE EVILDOERS IN IRAQ: WITH democracy and the rule of law to Iraq be- government they are struggling to IMMORAL U.S. LEADERSHIP, IS ITSOSHOCK- came the ex post facto rationale for the inva- have, does not condone what went on, ING TO FIND TORTURERS IN THE RANKS? sion, once it became clear that the earlier and I think that is a very strong mes- (By Robert Scheer) claims of weapons of mass destruction and sage. Hussein ties to Al Qaeda were a fraud. President Bush is again refusing to take Mr. MCGOVERN. Mr. Speaker, will responsibility for any of the horrors hap- So it should have been a clear and high pri- ority to make certain that Iraqi prisoners in- the gentleman yield? pening on his watch. This time it is the Mr. HASTINGS of Washington. I abuse of Iraqi prisoners carried out by low- carcerated in Hussein’s most infamous pris- on did not receive the same brand of ‘‘jus- yield to the gentleman from Massachu- ranking military police working under the setts. direct guidance of military intelligence offi- tice’’ the dictator had been doling out for cers and shadowy civilian mercenaries. Our decades. That they did is now a deep and Mr. MCGOVERN. Mr. Speaker, I just president launched this war with the promise dirty stain on the reputation of this nation. want to point out a couple of things. Yes, it’s great that we are still worlds to the Iraqi people of ‘‘no more torture First of all, hearings are not inves- away from being Nazi Germany, Stalinist chambers and rape rooms. The tyrant will tigations, and a lot of us feel that what Russia or Hussein’s Iraq. soon be gone.’’ What went wrong? we are doing here is just kind of shirk- We are a free society in which, it is hoped, The president has called the now-exposed ing our responsibility. So a vote for the pattern of violence an isolated crime per- truth eventually comes out, and thanks to what seems to be one brave whistle-blowing previous question means a vote against formed by ‘‘a few people.’’ Yet the Penta- bipartisan congressional investiga- gon’s own investigation of the incident soldier and a responsible officer to whom he shows that not only was the entire Abu reported the torture, these crimes have come tions. No one on the other side has yet Ghraib prison out of control, it was the MPs’ to light. Those are the acts of true heroes, explained to us why, in fact, a bipar- immediate military superiors who ‘‘directly and we should be proud of them. tisan investigation is a bad idea, why or indirectly’’ authorized ‘‘sadistic, blatant Yet, before we go overboard in celebrating we should not be allowed to do our job. and wanton criminal abuses’’ of the pris- our virtues, let’s admit that Americans too That is what we are asking for here. can be ‘‘evildoers,’’ especially when we em- oners as a way to break them in advance of Mr. HASTINGS of Washington. Mr. formal interrogations. brace, as the president consistently has done, the terribly dangerous idea that the Speaker, reclaiming my time, I appre- ‘‘Military intelligence interrogators and ciate what the gentleman is asking for, other U.S. government agency interrogators ends justify the means. actively requested that MP guards set phys- The ultimate cost of a foreign policy based and as I mentioned in my remarks, we ical and mental conditions for favorable in- on blatant lies, and that equates military do have a committee system. The terrogation of witnesses,’’ says the report. might with what is right, is that the brute in chairman of the committee said that The report, completed in March and kept se- all of us will not inevitably lie dormant. there are going to be those investiga- cret until it was revealed on the New Yorker Mr. Speaker, I ask unanimous con- tions, and I suspect there will be others website Friday, also stated that a civilian sent that the text of the amendment be that will look at it. contractor employed by a Virginia company printed in the CONGRESSIONAL RECORD Mr. FRANK of Massachusetts. Mr. called CACI ‘‘clearly knew his instructions’’ immediately before the vote on the Speaker, will the gentleman yield? to the MPs called for physical abuse. previous question. Mr. HASTINGS of Washington. I Furthermore, in a statement released Fri- day, Amnesty International reported that in The SPEAKER pro tempore (Mr. yield to the gentleman from Massachu- its extensive investigations into human LAHOOD). Is there objection to the re- setts. rights in post-invasion Iraq, it ‘‘has received quest of the gentleman from Massachu- Mr. FRANK of Massachusetts. Mr. frequent reports of torture or other ill treat- setts? Speaker, I appreciate the fact that we

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.014 H06PT1 H2678 CONGRESSIONAL RECORD — HOUSE May 6, 2004 have a committee system, but it is not FILNER), and then on the motion to Davis (FL) Kilpatrick Pomeroy a substitute for debate and amendment suspend the rules on H.R. 402 debated Davis (IL) Kind Price (NC) Davis (TN) Kleczka Rahall on the floor of the House, even to de- yesterday. DeFazio Kucinich Rangel bate whether or not we do this and the The vote was taken by electronic de- DeGette Lampson Reyes substance. The committee system vice, and there were—yeas 218, nays Delahunt Langevin Rodriguez should not be something behind which DeLauro Lantos Ross 201, not voting 14, as follows: Deutsch Larsen (WA) Rothman you hide to avoid debate that you [Roll No. 147] Dicks Larson (CT) Roybal-Allard might find uncomfortable. Dingell Lee Ruppersberger YEAS—218 Mr. HASTINGS of Washington. Mr. Doggett Levin Rush Speaker, reclaiming my time, I would Aderholt Gerlach Osborne Dooley (CA) Lewis (GA) Ryan (OH) Akin Gibbons Ose Doyle Lipinski Sabo just remind my friend that we do not Bachus Gilchrest Otter Edwards Lofgren Sa´ nchez, Linda know what is going to come out of Baker Gillmor Oxley Emanuel Lowey T. these hearings. There may be some leg- Ballenger Gingrey Paul Engel Lucas (KY) Sanchez, Loretta islation that comes out. It will go Barrett (SC) Goode Pearce Eshoo Lynch Sanders Bartlett (MD) Goodlatte Pence Etheridge Majette Sandlin through the process, and if there is Barton (TX) Goss Peterson (PA) Evans Maloney Schakowsky something, it will get to the floor and Bass Granger Petri Farr Markey Schiff we will have that debate. Beauprez Graves Pickering Fattah Marshall Scott (GA) Bereuter Green (WI) Pitts Mr. FRANK of Massachusetts. Mr. Filner Matheson Scott (VA) Biggert Gutknecht Platts Ford Matsui Serrano Bilirakis Speaker, will the gentleman yield? Hall Pombo Frank (MA) McCarthy (MO) Sherman Bishop (UT) Harris Porter Mr. HASTINGS of Washington. I Frost McCarthy (NY) Skelton Blackburn Hart Portman yield to the gentleman from Massachu- Gephardt McCollum Slaughter Blunt Hastings (WA) Pryce (OH) Gonzalez McDermott Smith (WA) setts. Boehlert Hayes Putnam Gordon McGovern Snyder Mr. FRANK of Massachusetts. Mr. Boehner Hayworth Quinn Green (TX) McIntyre Spratt Bonilla Hefley Radanovich Speaker, I would just say to the gen- Stark Bonner Hensarling Ramstad Grijalva McNulty tleman the committees are the serv- Boozman Herger Regula Gutierrez Meehan Stenholm ants of the House, not the other way Bradley (NH) Hobson Rehberg Harman Meek (FL) Strickland around. The committees exist to do the Brady (TX) Hoekstra Renzi Hastings (FL) Michaud Stupak Hill Millender- Tanner will of the House. The full democratic Brown (SC) Hostettler Reynolds Brown-Waite, Houghton Rogers (AL) Hinchey McDonald Tauscher House does not wait for the commit- Ginny Hulshof Rogers (KY) Hinojosa Miller (NC) Taylor (MS) tees. Burgess Hunter Rogers (MI) Hoeffel Miller, George Thompson (CA) The material previously referred to Burns Hyde Rohrabacher Holden Mollohan Thompson (MS) Burr Isakson Ros-Lehtinen Holt Moore Tierney by Mr. MCGOVERN is as follows: Burton (IN) Issa Royce Honda Moran (VA) Towns In the resolution strike ‘‘and (2)’’ and in- Buyer Istook Ryan (WI) Hooley (OR) Murtha Turner (TX) sert the following: Calvert Johnson (CT) Ryun (KS) Hoyer Nadler Udall (CO) ‘‘(2) the amendment specified in Section 2 Camp Johnson, Sam Schrock Inslee Napolitano Udall (NM) of this resolution if offered by Representa- Cannon Jones (NC) Sensenbrenner Israel Neal (MA) Van Hollen Cantor Keller Sessions Jackson (IL) Oberstar Vela´ zquez tive Skelton of Missouri or a designee, which Capito Kelly Shadegg Jackson-Lee Obey Visclosky shall be in order without intervention of any Carter Kennedy (MN) Shaw (TX) Olver Waters point of order, shall be considered as read, Castle King (IA) Shays Jefferson Ortiz Watson and shall be separately debatable for 60 min- Chabot King (NY) Sherwood John Owens Watt utes equally divided and controlled by the Chocola Kingston Shimkus Johnson, E. B. Pallone Waxman proponent and an opponent; and (3)’’ Coble Kirk Shuster Jones (OH) Pascrell Weiner At the end of the resolution add the fol- Cole Kline Simmons Kanjorski Pastor Wexler Collins Knollenberg Simpson lowing: Kaptur Payne Woolsey Cox Kolbe Smith (MI) Kennedy (RI) Pelosi Wu SEC. 2. The amendment referred to in the Crane LaHood Smith (NJ) Kildee Peterson (MN) Wynn first section of the resolution is as follows: Crenshaw Latham Smith (TX) At the end of H. Res. 627 strike ‘‘nation.’’, Cubin LaTourette Souder NOT VOTING—14 insert in lieu thereof ‘‘nation;’’ and add the Culberson Leach Stearns following: Cunningham Lewis (CA) Sullivan Baca Jenkins Saxton ‘‘(11) affirms the need for bipartisan Con- Davis, Jo Ann Linder Sweeney Bono Johnson (IL) Solis Davis, Tom LoBiondo Tancredo Boyd Lewis (KY) gressional investigations to be conducted Tauzin Deal (GA) Lucas (OK) Taylor (NC) DeMint Meeks (NY) Wilson (SC) immediately into these allegations of abuse, DeLay Manzullo Terry Greenwood Menendez including those by U.S. civilian contractor Diaz-Balart, L. McCotter Thomas personnel, or other U.S. civilians, and into Diaz-Balart, M. McCrery Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the chain of command and other systemic Doolittle McHugh Tiahrt deficiencies, including the command atmos- Dreier McInnis Tiberi The SPEAKER pro tempore (Mr. phere that contributed to such abuse.’’ Duncan McKeon Toomey LAHOOD) (during the vote). Members Dunn Mica Turner (OH) The SPEAKER pro tempore. All time Ehlers Miller (FL) Upton are advised 2 minutes remain in this for debate has expired. Emerson Miller (MI) Vitter vote. English Miller, Gary Walden (OR) The question is on ordering the pre- Everett Moran (KS) Walsh vious question on the resolution. Feeney Murphy Wamp b 1258 The question was taken; and the Ferguson Musgrave Weldon (FL) Speaker pro tempore announced that Flake Myrick Weldon (PA) Mr. HOEFFEL and Ms. ESHOO Foley Nethercutt Weller the ayes appeared to have it. Forbes Neugebauer Whitfield changed their vote from ‘‘yea’’ to Mr. MCGOVERN. Mr. Speaker, I ob- Fossella Ney Wicker ‘‘nay.’’ ject to the vote on the ground that a Franks (AZ) Northup Wilson (NM) Frelinghuysen Norwood Wolf So the previous question was ordered. quorum is not present and make the Gallegly Nunes Young (AK) point of order that a quorum is not Garrett (NJ) Nussle Young (FL) The result of the vote was announced present. as above recorded. NAYS—201 The SPEAKER pro tempore. Evi- Stated for: dently a quorum is not present. Abercrombie Bishop (GA) Carson (OK) Ackerman Bishop (NY) Case Mr. JOHNSON of Illinois. Mr. Speaker, on The Sergeant at Arms will notify ab- Alexander Blumenauer Chandler sent Members. Allen Boswell Clay rollcall No. 147 I was unavoidably detained. Pursuant to clause 9 of rule XX, the Andrews Boucher Clyburn Had I been present, I would have voted ‘‘yea.’’ Baird Brady (PA) Conyers Chair will reduce to 5 minutes the min- Baldwin Brown (OH) Cooper The SPEAKER pro tempore. The imum time for electronic voting, if or- Ballance Brown, Corrine Costello question is on the resolution. dered, on the question of adoption of Becerra Capps Cramer The resolution was agreed to. the resolution, and then on the motion Bell Capuano Crowley Berkley Cardin Cummings to instruct conferees on H.R. 2443 by Berman Cardoza Davis (AL) A motion to reconsider was laid on the gentleman from California (Mr. Berry Carson (IN) Davis (CA) the table.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.051 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2679 APPOINTMENT OF CONFEREES ON Kaptur Myrick Schiff b 1307 Keller Nadler Schrock H.R. 2443, COAST GUARD AND Kelly Napolitano Scott (GA) Messrs. NEY, LINDER, TIAHRT and MARITIME TRANSPORTATION Kennedy (MN) Neal (MA) Scott (VA) DOOLITTLE changed their vote from ACT OF 2003 Kennedy (RI) Nethercutt Sensenbrenner ‘‘nay’’ to ‘‘yea.’’ Kildee Neugebauer Serrano MOTION TO INSTRUCT OFFERED BY MR. FILNER Kilpatrick Ney Sessions So the motion was agreed to. The SPEAKER pro tempore (Mr. LIN- Kind Northup Shadegg The result of the vote was announced DER). The pending business is the de King (IA) Norwood Shaw as above recorded. King (NY) Nunes Shays novo vote on the motion to instruct Kirk Nussle Sherman A motion to reconsider was laid on conferees on H.R. 2443. Kleczka Oberstar Sherwood the table. The Clerk will redesignate the mo- Kline Obey Shimkus The SPEAKER pro tempore. The Knollenberg Olver Shuster Chair will appoint conferees at a subse- tion. Kolbe Ortiz Simmons The Clerk redesignated the motion. Kucinich Osborne Simpson quent time. The SPEAKER pro tempore. The LaHood Ose Skelton Stated for: question is on the motion to instruct Lampson Otter Slaughter Ms. SOLIS. Mr. Speaker, during rollcall vote Langevin Owens Smith (MI) offered by the gentleman from Cali- Lantos Oxley Smith (NJ) No. 148, on motion to instruct on Coast Guard fornia (Mr. FILNER). Larsen (WA) Pallone Smith (TX) authorization, I was unavoidably detained. Had The question was taken; and the Larson (CT) Pascrell Smith (WA) I been present, I would have voted ‘‘yea.’’ LaTourette Pastor Snyder Speaker pro tempore announced that Leach Paul Souder f the ayes appeared to have it. Lee Payne Spratt Mr. FILNER. Mr. Speaker, on that I Levin Pearce Stark EXPRESSING SENSE OF HOUSE RE- demand the yeas and nays. Lewis (CA) Pelosi Stearns GARDING NEED FOR FREEDOM Lewis (GA) Pence Stenholm AND DEMOCRATIC REFORM IN The yeas and nays were ordered. Linder Peterson (MN) Strickland The SPEAKER pro tempore. This Lipinski Peterson (PA) Stupak LAOS will be a 5-minute vote. LoBiondo Petri Sweeney The SPEAKER pro tempore. The un- Lofgren Pickering Tanner The vote was taken by electronic de- Lowey Pitts Tauscher finished business is the question of sus- vice, and there were—yeas 395, nays 19, Lucas (KY) Platts Taylor (MS) pending the rules and agreeing to the not voting 19, as follows: Lucas (OK) Pombo Terry resolution, H. Res. 402. Lynch Pomeroy Thompson (CA) [Roll No. 148] Majette Porter Thompson (MS) The Clerk read the title of the resolu- YEAS—395 Maloney Price (NC) Thornberry tion. Manzullo Pryce (OH) Tiahrt Abercrombie Chandler Franks (AZ) The SPEAKER pro tempore. The Markey Quinn Tierney Ackerman Clay Frelinghuysen question is on the motion offered by Marshall Radanovich Toomey Aderholt Clyburn Frost Matheson Rahall Towns the gentleman from Indiana (Mr. BUR- Akin Coble Gallegly Matsui Ramstad Turner (OH) TON) that the House suspend the rules Alexander Cole Garrett (NJ) McCarthy (MO) Rangel Turner (TX) Allen Collins Gephardt and agree to the resolution, H. Res. 402, McCarthy (NY) Regula Udall (CO) Andrews Conyers Gerlach McCollum Rehberg Udall (NM) on which the yeas and nays are or- Bachus Cooper Gibbons McCotter Renzi Upton dered. Baird Costello Gillmor McCrery Reyes Van Hollen Baker Cox Gingrey This will be a 5-minute vote. McDermott Reynolds Vela´ zquez Baldwin Cramer Gonzalez The vote was taken by electronic de- McGovern Rodriguez Visclosky Ballance Crane Goode McHugh Rogers (AL) Vitter vice, and there were—yeas 408, nays 1, Barrett (SC) Crenshaw Goodlatte McInnis Rogers (KY) Walden (OR) answered ‘‘present’’ 1, not voting 23, as Barton (TX) Crowley Gordon McIntyre Rogers (MI) Walsh Bass Cubin Goss follows: McKeon Rohrabacher Wamp Beauprez Culberson Granger McNulty Ros-Lehtinen Waters [Roll No. 149] Becerra Cummings Green (WI) Meehan Ross Watson Bell Cunningham Grijalva YEAS—408 Meek (FL) Rothman Watt Bereuter Davis (AL) Gutierrez Abercrombie Brown-Waite, Davis (IL) Mica Roybal-Allard Waxman Berkley Davis (CA) Gutknecht Ackerman Ginny Davis (TN) Michaud Royce Weiner Berman Davis (FL) Hall Aderholt Burgess Davis, Jo Ann Millender- Ruppersberger Weldon (FL) Berry Davis (IL) Harman Akin Burns Davis, Tom McDonald Rush Weldon (PA) Biggert Davis (TN) Harris Alexander Burr Deal (GA) Miller (FL) Ryan (OH) Weller Bilirakis Davis, Jo Ann Hart Allen Burton (IN) DeFazio Miller (MI) Ryan (WI) Wexler Bishop (GA) Davis, Tom Hastings (FL) Andrews Buyer DeGette Miller (NC) Ryun (KS) Whitfield Bishop (NY) Deal (GA) Hastings (WA) Bachus Calvert Delahunt Miller, Gary Sabo Wicker Bishop (UT) DeFazio Hayes Baird Camp DeLauro Mollohan Sa´ nchez, Linda Wilson (NM) Blackburn DeGette Hayworth Baker Cannon DeLay Moore T. Wolf Blumenauer Delahunt Hefley Baldwin Cantor Deutsch Moran (KS) Sanchez, Loretta Woolsey Boehlert DeLauro Herger Ballance Capito Diaz-Balart, M. Moran (VA) Sanders Wu Boehner Deutsch Hill Ballenger Capps Dicks Murphy Sandlin Wynn Bonner Diaz-Balart, L. Hinchey Bartlett (MD) Capuano Dingell Murtha Saxton Young (AK) Boozman Diaz-Balart, M. Hinojosa Barton (TX) Cardin Doggett Musgrave Schakowsky Young (FL) Boswell Dicks Hobson Bass Cardoza Doolittle Boucher Dingell Hoeffel Beauprez Carson (IN) Doyle Bradley (NH) Doggett Hoekstra NAYS—19 Becerra Carson (OK) Dreier Brady (PA) Dooley (CA) Holden Bartlett (MD) Gilchrest Sullivan Bell Case Duncan Brown (OH) Doolittle Holt Blunt Graves Tancredo Bereuter Castle Dunn Brown (SC) Doyle Honda Bonilla Hensarling Taylor (NC) Berkley Chabot Edwards Brown, Corrine Duncan Hooley (OR) Cantor Johnson, Sam Thomas Berman Chandler Ehlers Brown-Waite, Dunn Hostettler Chocola Kingston Tiberi Berry Chocola Emanuel Ginny Edwards Houghton DeLay Portman Biggert Clay Emerson Burgess Ehlers Hoyer Dreier Putnam Bilirakis Clyburn Engel Burns Emanuel Hulshof Bishop (GA) Coble English Burr Emerson Hyde NOT VOTING—19 Bishop (NY) Cole Eshoo Burton (IN) Engel Inslee Bishop (UT) Collins Etheridge Buyer English Isakson Baca Green (TX) Menendez Blackburn Conyers Evans Calvert Eshoo Israel Ballenger Greenwood Miller, George Blumenauer Cooper Everett Camp Etheridge Issa Bono Hunter Solis Blunt Costello Farr Cannon Evans Istook Boyd Jenkins Tauzin Boehlert Cox Fattah Capito Everett Jackson (IL) Brady (TX) Latham Wilson (SC) Boehner Cramer Feeney Capps Farr Jackson-Lee DeMint Lewis (KY) Bonilla Crane Filner Capuano Fattah (TX) Ford Meeks (NY) Bonner Crenshaw Flake Cardin Feeney Jefferson Boozman Crowley Foley Cardoza Ferguson John ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boswell Cubin Forbes Carson (IN) Filner Johnson (CT) Boucher Culberson Ford Carson (OK) Flake Johnson (IL) The SPEAKER pro tempore (Mr. LIN- Bradley (NH) Cummings Fossella Carter Foley Johnson, E. B. DER) (during the vote). Members are ad- Brady (PA) Cunningham Frank (MA) Case Forbes Jones (NC) Brown (OH) Davis (AL) Franks (AZ) Castle Fossella Jones (OH) vised there are 2 minutes remaining in Brown (SC) Davis (CA) Frost Chabot Frank (MA) Kanjorski this vote. Brown, Corrine Davis (FL) Gallegly

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.054 H06PT1 H2680 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Garrett (NJ) Lucas (KY) Rothman ANSWERED ‘‘PRESENT’’—1 those abuses until after they had been dis- Gephardt Lucas (OK) Roybal-Allard Miller, George closed in the national media; Gerlach Lynch Royce Whereas such abuses are offensive to the Gibbons Majette Ruppersberger NOT VOTING—23 principles and values of the American people Gilchrest Maloney Rush Baca Dooley (CA) Lofgren and the United States military, are incom- Gillmor Manzullo Ryan (OH) Barrett (SC) Ferguson Meeks (NY) Gingrey Markey Ryan (WI) patible with the professionalism, dedication, Bono Frelinghuysen Menendez Gonzalez Marshall Ryun (KS) standards and training required of individ- Boyd Greenwood Rogers (MI) Goode Matheson Sabo uals who serve in the United States military, Brady (TX) Jenkins Solis Goodlatte Matsui Sa´ nchez, Linda and contradict the policies, orders, and laws Gordon McCarthy (MO) Carter Johnson (CT) Tauzin T. DeMint Latham of the United States and the United States Goss McCarthy (NY) Wilson (SC) Sanchez, Loretta Diaz-Balart, L. Lewis (KY) military and undermine the ability of the Granger McCollum Sanders United States military to achieve its mission Graves McCotter Sandlin ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE in Iraq; Green (TX) McCrery Saxton Green (WI) McDermott The SPEAKER pro tempore (during Whereas the vast majority of members of Schakowsky the vote). Members are advised there the Armed Forces have upheld the highest Grijalva McGovern Schiff Gutierrez McHugh Schrock are 2 minutes remaining in this vote. possible standards of professionalism and Gutknecht McInnis Scott (GA) morality in the face of illegal tactics and Hall McIntyre 1315 Scott (VA) b terrorist attacks and attempts on their lives; Harman McKeon Sensenbrenner Whereas members of the Armed Forces Harris McNulty So (two-thirds having voted in favor Serrano have planned and conducted, frequently at Hart Meehan thereof) the rules were suspended and Sessions Hastings (FL) Meek (FL) the resolution was agreed to. great peril and cost, military operations in a Shadegg manner carefully intended to prevent or Hastings (WA) Mica The result of the vote was announced Hayes Michaud Shaw minimize injury to Iraqi civilians and prop- Hayworth Millender- Shays as above recorded. erty; Hefley McDonald Sherman A motion to reconsider was laid on Whereas over 138,000 members of the Hensarling Miller (FL) Sherwood Shimkus the table. United States Armed Forces serving in Iraq, Herger Miller (MI) a total force comprised of active, National Hill Miller (NC) Shuster Stated for: Hinchey Miller, Gary Simmons Ms. SOLIS. Mr. Speaker, during rollcall vote Guard, and Reserve personnel, are executing Hinojosa Mollohan Simpson No. 149 on H. Res. 402—Laos People’s a courageous and determined mission to re- build and rehabilitate a proud nation after Hobson Moore Skelton Democratic Republic, I was unavoidably de- Hoeffel Moran (KS) Slaughter liberating it from the tyranny, oppression, Hoekstra Moran (VA) Smith (MI) tained. Had I been present, I would have and genocide of Saddam Hussein’s evil re- Holden Murphy Smith (NJ) voted ‘‘yea.’’ gime; Holt Murtha Smith (TX) Mr. MENENDEZ. Mr. Speaker, I rise to offer Whereas the Department of Defense has Honda Musgrave Smith (WA) a personal explanation. Earlier today, I was awarded members of the Armed Forces serv- Hooley (OR) Myrick Snyder Hostettler Nadler Souder unavoidably detained on rollcall votes 147, ing in Operation Iraqi Freedom at least 3,767 Houghton Napolitano Spratt 148, and 149 due to a prior obligation. Had I Purple Hearts, as well as thousands of com- Hoyer Neal (MA) Stark been present, I would have voted ‘‘no’’ on roll- mendations for valor, including at least 4 Distinguished Service Crosses, 127 Silver Hulshof Nethercutt Stearns call vote 147, ‘‘yea’’ on rollcall vote 148, and Hunter Neugebauer Stenholm Stars, and over 16,000 Bronze Stars; Hyde Ney Strickland ‘‘yea’’ on rollcall vote 149. Whereas members of the Armed Forces, Inslee Northup Stupak f United States citizens, over 30 Coalition Isakson Norwood Sullivan partners, and patriotic Iraqis are working to Israel Nunes Sweeney DEPLORING ABUSE OF PERSONS finally return the government of Iraq to the Issa Nussle Tancredo IN UNITED STATES CUSTODY IN Istook Oberstar Tanner Iraqi people after decades of despotism; Jackson (IL) Obey Tauscher IRAQ Whereas since the deposing of Saddam Hus- Jackson-Lee Olver Taylor (MS) Mr. HUNTER. Mr. Speaker, pursuant sein, the Iraqi people have enjoyed substan- (TX) Ortiz Taylor (NC) to House Resolution 628, I call up the tial improvements in essential services, in- Jefferson Osborne Terry cluding major water, sewage, power, infra- John Ose Thomas resolution (H. Res. 627) deploring the structure, transportation, telecommuni- Johnson (IL) Otter Thompson (CA) abuse of persons in United States cus- cations, and food security projects that al- Johnson, E. B. Owens Thompson (MS) tody in Iraq, regardless of the cir- Johnson, Sam Oxley ready benefit millions more citizens than Thornberry cumstances of their detention, urging under the Ba’ath Party regime; Jones (NC) Pallone Tiahrt Jones (OH) Pascrell Tiberi the Secretary of the Army to bring to Whereas the quality of life for Iraqis has Kanjorski Pastor Tierney swift justice any member of the Armed significantly improved in the areas of food Kaptur Payne Toomey availability, health services, and educational Keller Pearce Forces who has violated the Uniform Towns Code of Military Justice, expressing opportunities since the downfall of the Hus- Kelly Pelosi Turner (OH) sein government; and Kennedy (MN) Pence Turner (TX) the deep appreciation of the Nation to Whereas security provided by the United Kennedy (RI) Peterson (MN) Udall (CO) the courageous and honorable members States Armed Forces, the Coalition partners Kildee Peterson (PA) Udall (NM) Kilpatrick Petri of the Armed Forces who have self- of the United States, and the Iraqi people Upton lessly served, or are currently serving, has permitted the adoption by Iraq of a Kind Pickering Van Hollen King (IA) Pitts Vela´ zquez in Operation Iraqi Freedom, and for Transitional Administrative Law, with the Platts King (NY) Visclosky other purposes, and ask for its imme- promise of a sovereign Iraqi Interim Govern- Kingston Pombo Vitter ment, national elections, a constitution, and Kirk Pomeroy diate consideration. Walden (OR) democracy: Now, therefore, be it Kleczka Porter The Clerk read the title of the resolu- Walsh Kline Portman Resolved, That the House of Representa- Wamp tion. Knollenberg Price (NC) tives— Waters The text of H. Res. 627 is as follows: Kolbe Pryce (OH) (1) deplores and condemns the abuse of per- Watson Kucinich Putnam H. RES. 627 Watt sons in United States custody in Iraq, re- LaHood Quinn Waxman Whereas the American people and the gardless of the circumstances of their deten- Lampson Radanovich world are dismayed by revelations of abuses tion; Langevin Rahall Weiner Lantos Ramstad Weldon (FL) inflicted upon detainees at the Abu Ghraib (2) declares that the alleged crimes of a Larsen (WA) Rangel Weldon (PA) prison in Baghdad; handful of individuals should not detract Larson (CT) Regula Weller Whereas the military justice process so far from the commendable sacrifices of over LaTourette Rehberg Wexler has resulted in charges being brought 300,000 members of the United States Armed Leach Renzi Whitfield against six individuals, three of whom have Forces who have served, or who are serving, Wicker Lee Reyes been recommended for trial by court mar- in Operation Iraqi Freedom; Wilson (NM) Levin Reynolds tial; (3) reaffirms and reinforces the American Lewis (CA) Rodriguez Wolf Lewis (GA) Rogers (AL) Woolsey Whereas the investigation by the United principle that any and all individuals under Linder Rogers (KY) Wu States Central Command has identified prob- the custody and care of the United States Lipinski Rohrabacher Wynn lems of leadership, chain of command, and Armed Forces shall be afforded proper and LoBiondo Ros-Lehtinen Young (AK) training that contributed to the instances of humane treatment; Lowey Ross Young (FL) abuse; (4) urges the Secretary of the Army to con- Whereas the Congress was not fully in- duct a full and thorough investigation into NAYS—1 formed of the existence, or the seriousness, any and all allegations of mistreatment or Paul of those abuses or of the investigation of abuse of detainees in Iraq;

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.021 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2681 (5) urges the Secretary of the Army and ap- supply as people have done in all of the Yes, we had abuses by some six peo- propriate military authorities to undertake cities throughout central Iraq or chil- ple. We have had apparent abuses by corrective action to address chain of com- dren that have been vaccinated by some six people who are now going mand deficiencies and the systemic defi- American medics. The only thanks through the criminal justice system of ciencies identified in the incidents in ques- tion; they are going to get, obviously, is not the U.S. Army, which I think our Mem- (6) urges the Secretary of the Army to going to come from the American press bers will find moves a lot faster than bring to swift justice any member of the at this point because the American the domestic justice system. But at the Armed Forces who has violated the Uniform press is fixated on what you might call same time, Corporal Marco Martinez Code of Military Justice to ensure that their the six bad apples who have been iden- was undertaking actions which led to actions are not allowed to impugn the integ- tified to date, and there may be more. him being awarded the second highest rity of the United States Armed Forces or We all know that. award that our government can give undermine the United States mission in Iraq; But the 300,000 who served honorably, for heroism, the Navy Cross. (7) reaffirms the need for Congress to be they are not going to get too much at- So I thought I might take a little bit frequently updated on the status of efforts of this time that was intended to beat by the Department of Defense to address and tention here because it is not in keep- resolve issues identified in this resolution; ing with a good sound bite today if you up the U.S. military, to congratulate (8) expresses the deep appreciation of the want to get on television to talk about some of those 300,000 people who have Nation to the courageous and honorable the good things that have been done in served U.S. so well. members of the Armed Forces who have self- the country. Mr. Speaker, I reserve the balance of lessly served, or who are currently serving, My great partner on this Committee my time. in Operation Iraqi Freedom; on Armed Services, the gentleman Mr. SKELTON. Mr. Speaker, I yield (9) expresses the support and thanks of the from Missouri (Mr. SKELTON), was in myself such time as I may consume. Nation to the families and friends of the sol- full accord with this. We wanted to Mr. Speaker, I rise with heavy heart, diers, Marines, airmen, sailors, and Coast a heavy heart for two reasons. The first Guardsmen who have served, or who are make sure that the good people got talked about and that this did not turn reason is that a group of American sol- serving, in Operation Iraqi Freedom; and diers forgot that they were soldiers and (10) expresses the continuing solidarity and into the action of the demoralization of they forgot that the middle name of a support of the House of Representatives and our fighting forces in Iraq. the American people for the partnership of So we wanted to talk about the good soldier is ‘‘honor,’’ in doing the des- the United States with the Iraqi people in things they have done. And this resolu- picable acts that they did in that pris- building a viable Iraqi government and a se- tion, and I would commend it to every on. That breaks my heart. I know it cure nation. Democrat and Republican, from the breaks the hearts of Americans who The SPEAKER pro tempore. Pursu- gentlewoman from California (Ms. saw those pictures and learned of those acts which border on the unspeakable. ant to House Resolution 628, the gen- PELOSI) and all of the others who may But the seconds reason my heart is tleman from California (Mr. HUNTER) have had trouble or problems with this broken is that the occurrences hap- and the gentleman from Missouri (Mr. resolution, I would commend it to pened between October and December SKELTON) each will control 30 minutes. them to approve and to support and to The Chair recognizes the gentleman of last year; they were reported in Jan- vote for. uary of this year. A two star general in from California (Mr. HUNTER). I just wanted to say, Mr. Speaker, I the Army, Major General Taguba was Mr. HUNTER. Mr. Speaker, I yield am looking at right now some of the called to investigate and his report was myself such time as I may consume. untold stories; and I wanted to cite an rendered in February. And as ranking Mr. Speaker, during the debate on untold story to you, a couple of them. member on this committee, I found out the rule, I think every Member who It is true that there were abuses so far about it this month, in May, not by was listening to the debate as they lis- by six people who have been identified any official sources, but through the tened to a number of speeches being in this Abu Ghraib prison; but while made over and over, sometimes the news media. that was going on, Gunnery Sergeant Mr. Speaker, that also breaks my same things being said by different Jeffrey Bohr of the United States Ma- heart. We in Congress under the Con- Members, they understand the subject rine Corps was awarded the Silver Star stitution are the first of the three which we are addressing today, which posthumously for conspicuous gal- parts of government listed. We are the is the criminal acts of what has been lantry and intrepidity in action ones that raise the money and write identified so far as six individuals, with against the enemy while serving as the rules for those who serve in the three of them having been rec- Company Gunnery Sergeant, Company military. We are an important part of ommended under article 32 of the A, 1st Battalion, 5th Marine Regiment, the national security, and I think that UCMJ to the court martial convening Regimental Combat Team 5, 1st Marine we should be informed as quickly as authority for general court martial for Division. possible when these very, very tragic abuse of prisoners, assault, and derelic- While moving through narrow streets occurrences happen. tion of duty. toward the objective, the convoy took Recently in the Wall Street Journal, That is one of the purposes of this intense small arms and rocket-pro- on April 22, an administration official resolution, for this House to condemn pelled grenade fire. Throughout this in response to the expenditure of ap- those activities. Understand that the movement, Gunnery Sergeant Bohr de- propriations funds regarding Iraq and criminal prosecutions have not taken livered accurate effective fires on the the Middle East stated, ‘‘If lawmakers place yet, the trials have not been held enemy, while encouraging his Marines do not ask questions, they do not get and that we are not passing judgment and supplying critical information to answers.’’ at this point on people who are being his company commander. When the Mr. Speaker, it is incumbent upon focused on as potential defendants in lead vehicles of the convoy reached a them to keep U.S. informed because we these cases. But I thought it was im- dead end and were subjected to heavy are the genesis of their funding. We are portant, Mr. Speaker, to talk about the enemy fire, Gunnery Sergeant Bohr the genesis of the rules by which they other people, because the tendency of continued to boldly engage the enemy in uniform operate and the defense of the media and the discussion has been while calmly maneuvering his Marines our Nation are concerned. to forget about the 300,000 uniformed to safety. This error has become a mistake. The Americans who are serving our country Upon learning of a wounded Marine late John F. Kennedy once said, ‘‘An with bravery, with compassion, with in a forward vehicle, Gunnery Sergeant error does not become a mistake until ingenuity and doing great things, not Bohr immediately coordinated medical you refuse to correct it. Without de- in their own communities, but in com- treatment and evacuation. Moving to bate, without criticism, no administra- munities thousands of miles away the position of the injured Marine, tion, no country can succeed and no re- where the only reward they may re- Gunnery Sergeant Bohr continued to public can survive.’’ ceive is from a kid that they have lay down a high volume of suppressive We seem, Mr. Speaker, to have for- given a soccer ball to like hundreds of fire, simultaneously guiding the med- gotten that. the 101 Airborne members, or for people ical evacuation vehicle until he was I support this resolution, and I think whom they have hooked up a water mortally wounded by enemy fire. it is necessary. It is a shameful series

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.023 H06PT1 H2682 CONGRESSIONAL RECORD — HOUSE May 6, 2004 of acts. I support this resolution be- thority to understand the admonition when he said we did not have any plan cause it deplores and condemns the that sat on the desk of the late Presi- to end the war, that it was a slog, I abuse of those in custody. And it is not dent Harry S Truman: ‘‘The buck stops thought, as a former combat veteran, just about isolated cases of abuse. This here.’’ is this the leadership that we can ex- incident could very well be the tipping Keeping that in mind, let U.S. move pect from the Secretary of Defense? I of the security and reconstruction of forward and do the right thing, for the thought that America and the military Iraq. I hope that is wrong. But if we Iraqi people, for those who served so deserve better than that and he should lose the trust of the Iraqi people, if we honorably and so well, and for those resign. lose their hearts and minds, we cannot who paid for the sacrifice of their serv- Now the information that we receive bring anything else effectively to that ice. Let this be a reflection of the de- is that a climate has been created part of the world. cency and honesty and thoroughness of where a handful of people have com- We must win back the trust, the safe- the values of America in what we do. mitted these atrocities against human ty of our troops, and the future of these Mr. Speaker, I reserve the balance of kind in an atmosphere where all of the citizens of Iraq. For that reason, I sup- my time. people that are in Iraq have been de- port this resolution. It urges the Sec- Mr. HUNTER. Mr. Speaker, I yield 2 monized where it appears to American retary of the Army and the appropriate minutes to the gentleman from North people and certainly to our military military authorities to complete a Carolina (Mr. HAYES). that the people in Iraq are responsible thorough investigation to bring anyone b 1330 for 9/11 and causing us pain, that the who committed crimes to justice. This Secretary of Defense did have informa- applies regardless of who committed Mr. HAYES. Mr. Speaker, let me tion months ago about these atrocities; the crimes, military personnel, govern- thank the gentleman from California and that he kept it from the President, ment agencies or private contractors. and chairman for yielding the time. he kept it from the Congress and he The Iraqi people must see U.S. taking Let me thank my friend, my colleague, kept it from the American people. I swift and strong action. As a matter of the gentleman from Missouri (Mr. think that this rises to the point that fact, we here in Congress and our chair- SKELTON) with whom I completely it is a high crime and misdemeanor if man, the gentleman from California identify and thoroughly agree with the he disappointed the President, kept in- (Mr. HUNTER), has announced that we remarks he made in setting the stage formation from the Congress and kept will have a hearing on this very subject for the purpose of this resolution. this information from the American tomorrow in the hearing room 2118 at 3 As I hold this picture here, it is ref- people. o’clock with Secretary Rumsfeld. I erence that what our troops are about I think America and the world wants think that is the right thing for the in Iraq. When I spoke earlier sup- us to show the outrage, not by rhet- gentleman to have called, and I thank porting the resolution and the rule, I oric, but by taking action, and if the him for it publicly. referred to a call that I had just re- President does not fire the Secretary, It is an important role for U.S. to ceived from an 82nd Airborne trooper, if he does not resign, I think it is the have continuing oversight of this issue. who had lost a leg in Iraq for these responsibility of this Congress to file We do need, in addition thereto, a con- children, for these men and women. articles of impeachment and force him gressional inquiry by the staff on the I called Daniel Metzdorf back on the to leave office. Then the whole world broader policy issues that were raised phone at Walter Reed Hospital, where would know, not just our military, not by this incident. I will underline that. he is back because of additional infec- just Americans but the whole world Finally, I believe this resolution ap- tion. I said, Daniel, what do you all what we stand for. propriately points out that so many of think about what is going on? He said, If people can say ‘‘mission com- our troops have served honorably, and it is wrong. Those people will be pun- pleted’’ when it looks like there is vic- the chairman is correct on that, done ished, and, oh, by the way, the people tory and we see atrocities like this and extraordinarily well in difficult cir- who put the pictures on the television it happens on someone’s watch, if they cumstances. to undermine our troops, they ought to do not have the dignity to say I am Not long ago I attended a funeral be in jail, too. sorry and move on, then we have the over here at Arlington Cemetery of a God bless our troops and protect responsibility under our Constitution staff sergeant from the Fourth District them. to remove these people from office. of Missouri, which I am privileged to Mr. SKELTON. Mr. Speaker, I yield 3 He kept the information away from represent. And these soldiers who for- minutes to the gentleman from New this Congress. We have the responsi- got that they were soldiers caused his York (Mr. RANGEL), who is the ranking bility of oversight. I am preparing arti- death, in so many respects, to have member of the Committee on Ways and cles of impeachment today. been in vain. We have to correct this Means. Mr. HUNTER. Mr. Speaker, I yield 2 and make sure that those who pay the Mr. RANGEL. Mr. Speaker, I thank minutes to the gentlewoman from Vir- ultimate sacrifice will be remembered the gentleman from Missouri (Mr. ginia (Mrs. JO ANN DAVIS). and will be honored for the work that SKELTON) for the time. Mrs. JO ANN DAVIS of Virginia. Mr. they do in Iraq to bring stability and This is a very difficult time for me Speaker, I rise today in support of this some sort of representative govern- because I find it difficult to rise in op- resolution, and I want to thank the ment there. position of this resolution, and the rea- gentleman from California (Chairman We have to look at the chain of com- son I do it is because there just does HUNTER) for bringing it to the floor. mand. We have to look at the command not seem to be enough outrage in- First, I want to stress my unwaver- atmosphere that allowed these occur- volved in what is being said. ing support for our men and women in rences to happen. So for this reason We should not have to apologize for uniform. I am absolutely convinced and the reason that we were not told brave men and women. We should not that recent reports of prisoner abuses promptly and the fact that we need not have to apologize for what the execu- are in no way representative of the ma- only the hearing tomorrow, which I am tive branch or the Congress has or has jority of those who serve in our armed pleased we will have, we need a thor- not done. We should not be put in this services. ough investigation to go forward on position. Our fellow Americans who are in Iraq this subject. Several months ago, I called for the are some of the most dedicated and We must be successful in Iraq. We resignation of the Secretary of Defense honorable people in our whole country. must show not just the Iraqi people, we because I thought, as a major architect It is a rare thing these days to find must show the world the values of our of this war, that he was fighting this them with such strong commitment to country. We need to. And one way to do war with other people’s children, and the values that have made this Nation it is to proceed to investigate this and when he said that he did not know so great. make this a very transparent, clear whether or not we were winning or los- Our military is known throughout picture for the world to see. ing the war, when he said that he did the entire world for upholding and Mr. Speaker, I thank you for this not know whether we were creating fighting for human rights, and that is time. It would be well for those in au- more terrorists than we were killing, why the American people are so

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.060 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2683 shocked at the recent reports of pris- (Mr. SKELTON) has 19 minutes remain- abuse’’ without any explicit or implicit oner abuse and torture. I, too, am ing. tolerance from those who supervised shocked, and it is unfortunate that a Mr. SKELTON. Mr. Speaker, I yield 3 them. few soldiers have harmed the reputa- minutes to the gentlewoman from Cali- Tom Friedman writes today, ‘‘We are tion of our entire military. fornia (Ms. HARMAN), who is the rank- in danger of losing something much There is no excuse for abusing and ing member on the Permanent Select more important than just the war in torturing any human being. We are Committee on Intelligence. Iraq. We are in danger of losing Amer- there to restore dignity to the Iraqi Ms. HARMAN. Mr. Speaker, I thank ica as an instrument of moral author- people, not to demean and humiliate the gentleman for yielding me the time ity and inspiration in the world.’’ them. and commend him for his leadership, Mr. HUNTER. Mr. Speaker, I yield 2 It absolutely cannot and should not along with that of the Chairman of the minutes to the gentleman from Con- be tolerated. We would not want Amer- House Committee on Armed Services, a necticut (Mr. SIMMONS), one of our ican POWs abused, and we should not committee on which I was privileged to great veterans. abuse those who we hold as prisoners of serve for 6 years. Mr. SIMMONS. Mr. Speaker, I thank war. Mr. Speaker, I rise in support of this the gentleman for the time, and I asso- The United States has always held resolution, though I wish it had called ciate myself with the remarks of the very strictly to the standards of the for a thorough investigation by Con- chairman and of the ranking member. humane treatment of POWs that are gress of the acts described in it. Our I also have a heavy heart. As some- universally accepted as international Nation is strong, not only because of one who served as a U.S. Army mili- law. We should hold those standards our military might, but because of our tary intelligence officer for more than now more than ever. values. In peacetime, those values may 30 years on active and reserve duty, I As the world’s superpower, we are an seem easy to uphold, but in wartime, am appalled and disgusted by the im- example to every Nation and are they are inevitably going to be tested. ages of U.S. soldiers mistreating pris- viewed as the defenders of life and lib- To keep us strong, we must reaffirm to oners in Iraq. Not only is the abuse of erty. the American people and the world prisoners repugnant to our moral val- One of the reasons we are in Iraq is that those values permeate everything ues as Americans, but it has little to because we wanted to liberate the Iraqi we do as a Nation, at home and all over no utility in eliciting useful intel- people from the torture and abuse of the world. ligence from hostile elements. Saddam Hussein’s regime. What kind of We are not naive. We know that the Army Field Manual 34–52 clearly de- message do these very few soldiers send fog of war is thick, and we understand, fines interrogation as the art of ques- to the people of Iraq and to the entire certainly those of us on the House Per- tioning and beaming a source to obtain Middle East by now abusing the people manent Select Committee on Intel- the maximum amount of usable infor- that we once rescued? There is abso- ligence understand, that interrogation mation. The goal of any interrogation lutely no excuse. is an integral part of gathering intel- is to obtain usable and reliable infor- The vast majority of Iraqi people ligence about the enemy. Good intel- mation in a lawful manner, in a lawful have been treated with respect and dig- ligence hopefully prevents and disrupts manner. nity by our service members, and I attacks. That saves lives. It goes on to say, ‘‘The use of force, know will continue to be treated prop- Many of us on the House Permanent mental torture, threats, insults, or ex- erly. Our men and women in uniform Select Committee on Intelligence care posure to unpleasant and inhumane know they have a moral and legal obli- deeply that we get it right. I have trav- treatment of any kind is prohibited by gation to treat prisoners of war hu- eled to Guantanamo three times to as- law and is neither authorized nor con- manely and with decency. sess the effectiveness of our interroga- doned by the U.S. Government. Experi- These very few individuals who have tions and to assure that detainees are ence indicates that the use of force is not acted in this upright tradition being treated properly. While I strong- not necessary to gain the cooperation should be quickly brought to justice. ly disagree with the lack of legal sta- Already, the Army has placed a new of sources for interrogation. Therefore, tus for Guantanamo’s detainees, I have unit leadership at this facility. As of the use of force is a poor technique, as been increasingly impressed by the April 1, we now have one single person it yields unreliable results.’’ This is tangible improvements in prisoner responsible for all the detainee activi- Army Field Manual 34–52. treatment and by the yield from inter- I am outraged to think that the stu- ties in Iraq. Additional training on the Geneva rogations. pid and insulting behavior of a very few convention and the rules of engage- I have been to Baghdad twice, again soldiers and officers could undercut the ment have been given to all new units focused on intelligence issues. There honorable and the courageous service going into these facilities. was no hint in my second visit to Bagh- of so many American soldiers in Iraq. A mobile training team of correc- dad in February of this year, a month A full investigation is in order. Punish- tions and legal experts is on the ground after the devastating photos were de- ment for the guilty parties is required, working to help train soldiers to im- livered to the Pentagon, that anything and we must send a clear message to prove operations at the facilities. was amiss with respect to interroga- the world that the action of a very few I am encouraged and I applaud the tions in Iraq. does not represent the values of most quick response by our military leaders. Mr. Speaker, my colleagues and I American soldiers and most Ameri- I hope this incident, which involved were doing our job to make sure things cans. just a very small group of individuals, were done right, but the failure to alert Mr. SKELTON. Mr. Speaker, I yield will not overshadow the integrity of us to the circumstances that led to the to the gentleman from Maryland (Mr. our soldiers. request of General Taguba to prepare CARDIN) for the purpose of making a The 138,000 Americans in uniform in his report was a failure by the intel- unanimous consent request. the Iraqi theater are some of the most ligence community to keep our Com- (Mr. CARDIN asked and was given dedicated and honorable people, and mittee informed. It was a failure by the permission to revise and extend his re- they are doing a tremendous job. Be- executive branch to keep Congress in- marks.) cause of the sacrifices that they are formed. Mr. CARDIN. Mr. Speaker, the abuse of making, our Nation is more secure, and After everything this country has Iraqi prisoners by American soldiers and per- Iraq is on the path to becoming a free been through over the past 3 years, the sonnel constitute deplorable, despicable acts. and prosperous Nation. horrors at Abu Ghraib made crystal We are all sickened by the pictures of our May God bless America and may God clear the need for major intelligence troops laughing and pointing at Iraqi prisoners bless our men and women in uniform. reform. It is not acceptable for people who had been stripped naked, possibly beat- Mr. SKELTON. Mr. Speaker, may I to retreat into ‘‘chain of command’’ en, and forced to pose in sexually explicit po- inquire as to how much time we have stovepipes. It is not credible that a few sitions. These actions have compromised not remaining, please? bad apples carried out what the Taguba only our mission in Iraq, but also the reputa- The SPEAKER pro tempore (Mr. report calls ‘‘numerous incidents of sa- tion of the American governments and its OSE). The gentleman from Missouri distic, blatant and wanton criminal agents. Let me be clear: All but a few of our

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MY7.062 H06PT1 H2684 CONGRESSIONAL RECORD — HOUSE May 6, 2004 soldiers and military personnel perform their Washington Post. The article cited a number tration’s handling of this issue. A 3- jobs honorably on behalf of the American peo- of defense and intelligence sources which al- month-old investigation has only now ple, and our military is playing an important lege that some detainees in Afghanistan and come to light. Some are questioning role in keeping the peace and promoting de- elsewhere may have been tortured. whether we may have lost control of ci- mocracy around the world. The abuse of Iraqi prisoners by American vilian contractors who fall outside of Our next step is clear: Congress must hold soldiers not only harmed the victims, but also the military chain of command. an open, complete and bipartisan investigation harmed our country. It has damaged our mis- But there is something equally as into these terrible allegations. We have a re- sion in Iraq. It has soiled our reputation in pur- alarming about this news, the dis- sponsibility to oversee our military and intel- suit of humanitarian issues. covery that unregulated private con- ligence services, and only through an inde- What happened in Baghdad’s Abu Ghraib tractors are interrogating prisoners in pendent investigation by Congress will we be prison does not reflect U.S. values. We must Iraq on behalf of the Coalition Provi- able to regain our Nation’s credibility as a speak out and take action against torture any- sional Authority. champion for human rights. I am disappointed where in the world, even if it occurs under our This now becomes a question of ac- that the pending resolution does not reference watch. We must act decisively. countability. In the fog of war, it is not an independent inquiry by Congress. The Pen- Mr. SKELTON. Mr. Speaker, I re- only our military but also private com- tagon must also take quick action to punish serve the balance of my time. panies deciding whom to deploy, whom to carry out operations, and how those those involved, including holding those superi- b 1345 ors who knew, encouraged, condoned, or people are vetted. There is almost no should have known about those abuses. The Mr. HUNTER. Mr. Speaker, I yield 3 congressional oversight, civil regula- resolution rightly points out the military must minutes to the gentleman from New tion, or military law that governs undertake corrective action to address chain Jersey (Mr. FERGUSON). them. By contracting out these critical of command deficiencies and systemic defi- Mr. FERGUSON. Mr. Speaker, I rise tasks to civilian contractors who fall ciencies in the military. We must also examine in strong support of this resolution. outside of the chain of command, there the role played by American civilian contrac- The actions of several U.S. soldiers in is no quality assurance, and there is tors in performing governmental functions Baghdad are fundamentally incon- questionable accountability. The Secretary of Defense has been in- such as interrogation of enemy prisoners. sistent with our mission in Iraq, Amer- Mr. Speaker, I serve as the Ranking Mem- ican principles of justice, and the basic attentive and perhaps negligent at ber of the Commission on Security and Co- tenets of morality. They have stained great cost to our reputation and our se- operation in Europe (CSCE), commonly known our character and damaged our credi- curity, and the call for the Secretary of as the Helsinki Commission. The United bility. Defense resignation is growing strong- States is one of the fifty-five nations that serve I fear there are no words in the er day by day. At the very least, the Republican leadership in this House as members of the Organization for Security English language that can adequately should convene bipartisan, bicameral and Cooperation in Europe (OSCE), the larg- describe the depth of our disillusion- congressional hearings to examine this est regional security organization in the world. ment over the goodwill generated by The United States has agreed to a number millions of Americans and billions of urgent matter. This reminds us that before we win of Helsinki commitments beginning in 1989 in American dollars squandered in an in- the hearts and the minds of the Iraqis Vienna regarding democracy, rule of law, and stant. in this effort, we must win something human rights. We regularly criticize other gov- But I do know this: out of this trag- else, trust, the trust of the American ernments in Europe and Central Asia when edy is born opportunity to show the watching world how we, a Nation people. they use, condone, or fail to stop acts of tor- Mr. HUNTER. Mr. Speaker, I yield ture in their prisons. Part of our commitments founded on the rule of law, conduct ourselves in the aftermath of this trag- myself 2 minutes. include: The education and training of all per- Mr. Speaker, I would like to address edy. What distinguishes us from the re- sonnel—whether civil, medical, or military— what the gentlewoman just said be- gime that we ended is justice. While that handle prisoners; systematic review of in- cause she has made a mistake. She said terrogation rules, methods, and practices; and this behavior was once commonplace in that the 3-month-old investigation has a systematic review of arrangements for cus- Iraq, it is foreign to our national expe- only now come to light. I have in front tody and treatment of detained persons, with rience and to our nature, and we will of me the news release that I will give a view to preventing any cases of torture. The deal with it not by saluting those who to the gentlewoman. As of January 16, OSCE publishes a ‘‘preventing torture’’ hand- perpetrated those acts, as the former which was 3 days after the soldier came book to help Participating States eradicate tor- regime did, but by bringing the per- forward and gave to his commanding ture. petrators to justice. officer the evidence that bad things As the United States seeks to wage a global I was fortunate to visit a free Iraq in were taking place at the prison, war on terrorism, many questions have been January. I met with our soldiers, in- CENTCOM released a news release to raised regarding U.S. efforts to combat ter- cluding some from my home State, every news agency in the world stating rorism and whether related actions are con- New Jersey. I say to each of our sol- that an investigation has been initi- sistent with our international obligations and diers and servicemembers, do not allow ated into reported incidents of detainee commitments. Last year on June 26, on the the injustices done by a few to under- abuse. International Day in Support of the Victims of mine your faith, for the cause which So they announced to the world 3 Torture, President Bush declared that ‘‘Torture brought you to Iraq is right and just. days after the soldier came forward in anywhere is an affront to human dignity every- You have freed 24 million people from January that an investigation had been where.’’ He observed that ‘‘Freedom from tor- the clutches of unspeakable tyranny, started; and General Kimmet an- ture is an inalienable human right.’’ The State and your actions and character are nounced to the combined audiences of Department has also noted that ‘‘Freedom sowing freedom in a place that has Fox News, MSNBC and CNN, by my from torture is an inalienable human right, and known evil. May God continue to bless calculations over 20 million people, on the prohibition of torture is a basic principle of all of those who serve honorably in our January 16 that an investigation had international human rights law. This prohibition Nation’s military, and may God con- been started. Outside of that, nobody is absolute and allows no exception.’’ Finally, tinue to bless America. was told. as the General Counsel to the Defense De- Mr. SKELTON. Mr. Speaker, I yield 3 Ms. DELAURO. Mr. Speaker, will the partment, William Haynes wrote to Senator minutes to the gentlewoman from Con- gentleman yield? LEAHY that, ‘‘the United States does not per- necticut (Ms. DELAURO), a senior mem- Mr. HUNTER. I yield to the gentle- mit, tolerate, or condone any such torture by ber of the Committee on Appropria- woman from Connecticut. its employees under any circumstances.’’ tions. Ms. DELAURO. Mr. Speaker, I would Mr. Speaker, last year I offered, and then Ms. DELAURO. Mr. Speaker, all just say to the gentleman that I think withdrew, an amendment to the Department of Americans were shocked by what we the report in terms of Members of Con- Defense Appropriations bill for FY 04 that saw at the Abu Ghraib prison. The gress, the people’s House, that we have would prohibit the use of any funds in the bill abuse of Iraqi prisoners offends our val- in fact been kept in the dark. There from being used to carry out torture. I was dis- ues as human beings and as Americans. may have been some who have known turbed by a December 2002 article in the I am deeply disturbed by the adminis- about it. I listened to General Myers.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.024 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2685 Mr. HUNTER. Mr. Speaker, I will tell This resolution must be amended to get to American soldiers, risking their own the gentlewoman the entire world was the bottom of this terrible scandal. I urge my lives. Part of the tragedy of this epi- told by this news release. colleagues to vote against H. Res. 627 unless sode is it gets so much attention while Ms. DELAURO. Then it is even more it is amended to include congressional inves- all of those acts get so little attention. poignant. tigations and regret for the acts of those wear- Yet it is important for us to continue Mr. HUNTER. Mr. Speaker, reclaim- ing the uniform of the United States military. to do the right thing, to hold those in- ing my time, I think this is a very im- Mr. SKELTON. Mr. Speaker, I yield 1 volved accountable for their actions or portant point. The soldier came for- minute to the gentleman from Michi- their neglect, and to not let up in our ward on January 13 and gave this evi- gan (Mr. DINGELL), the ranking mem- efforts to overcome the malicious dence to his commanding officer that ber of the Committee on Energy and forces of oppression, working with the prisoners were being abused. Commerce. Iraqi people for a free and secure and CENTCOM announced to the world (Mr. DINGELL asked and was given stable Iraq. through their official news release that permission to revise and extend his re- Mr. SKELTON. Mr. Speaker, I yield they were investigating this 3 days marks.) for the purpose of making a unanimous later; and General Kimmet, who was Mr. DINGELL. Mr. Speaker, I have consent request to the gentlewoman before an audience of some 20 million read this bill. I may be one of the few from Texas (Ms. JACKSON-LEE). people three days later, January 16, an- on the floor who has. But as a long- (Ms. JACKSON-LEE of Texas asked nounced it was in fact being inves- serving Member of this body, as a pri- tigated. and was given permission to revise and vate who finished World War II as a extend her remarks.) So the statement that the investiga- second lieutenant, I sat on boards, tion has just now come to light is not Ms. JACKSON-LEE of Texas. Mr. courts martial, served as military pros- Speaker, I rise to support H. Res. 627 accurate. ecutor, and also as defense. I find in Mr. SKELTON. Mr. Speaker, I yield only because we need to begin the heal- the legislation no word of anybody ing process, not because it offers a real for the purpose of making a unanimous other than Members of the armed serv- consent request to the gentlewoman solution to our troops and peace in ices. I find no mention of discussion of from California (Ms. WOOLSEY). Iraq. members of the CIA, of members of the (Ms. WOOLSEY asked and was given Mr. Speaker, yet again we are seeing poli- civilian leadership, of the Defense De- permission to revise and extend her re- tics driving our policy in Iraq rather than logic, partment or other government agen- marks.) and compassion, and sense of duty. The reso- cies. I find nothing about civilian con- Ms. WOOLSEY. Mr. Speaker, I ask lution before us today is political damage con- that this resolution be less timid and tractors. My question to the chairman, are we trol. This Congress has a constitutionally man- actually ask for a commission beyond dated duty of oversight over the executive the Department of Defense. going to go into that behavior, or are we just going to sack a bunch of poor branch. We and the world have seen over the Mr. Speaker, I was absolutely outraged last past days that some horrible deeds have oc- week when I, along with the rest of the world, infantrymen up to the rank of sergeant or something like that and say you are curred in Iraq—deeds that truly threaten to un- learned that U.S. servicemembers and private dermine everything that we have worked to- American contractors in Iraq had abused and going to jail, when in fact this was pol- icy which originated much higher? ward on the international-diplomatic front for tortured Iraqi prisoners of war, and had forced the past century. We must be thoughtful in them to commit heinous sexual acts. Mr. HUNTER. Mr. Speaker, will the gentleman yield? crafting our approach to diffusing this awful sit- War is devastating and terrifying, but even uation, bringing those responsible to justice, in war there is no place for actions such as Mr. DINGELL. I yield to the gen- tleman from California. and protecting the honor of those members of these. The vast majority of soldiers in Iraq are our armed-services who serve so valiantly and performing courageously and honorably, up- Mr. HUNTER. Mr. Speaker, I would honorably around the world. holding the high standards of the U.S. military. say that the investigation, there are This resolution contains several provisions, But the abuse inflicted by a few soldiers will now six investigations ongoing, the in- including (1) deploring and condemning the likely be responsible for much ill will around vestigation that was started has identi- the world. What’s worse, I fear that it will em- fied some six individuals. Those are all abuse of Iraqi prisoners in U.S. custody; (2) bolden our enemies to commit further acts of people wearing uniform. reaffirming and reinforcing the American prin- terrorism against the United States. If the investigation reveals further ciple that any and all individuals under the We must get to the bottom of this scandal, people who are civilian contractors, custody and care of the U.S. armed forces but we must do it in the right way. H. Res. those people can be punished under the shall be afforded proper and humane treat- 627, which will be voted on today, does not laws of the United States which have ment; and (3) urging the Department of De- adequately address these abuses because it been extended to theater. fense to conduct an investigation into any and doesn’t go far enough. Instead of encouraging Mr. DINGELL. It sounds to me like all allegations of mistreatment or abuse of an investigation through the Department of they are going to stick it to the ordi- Iraqi prisoners and bring to swift justice all Defense, this resolution should call for con- nary uniformed military service under members of the Armed Forces who have vio- gressional investigations to investigate the the rank of lieutenant, and let every- lated the Uniform Code of Military Justice. roles of both servicemembers and private civil- body else off the hook. This is a bad I agree with all of that; however, is that all ian contractors who may have played a role in proposal. the duty of this Congress is? All this resolution the abuse of Iraqi prisoners of war. Mr. HUNTER. Mr. Speaker, I yield 1 does is says, ‘‘We read in the paper that mis- The military should not investigate itself in minute to the gentleman from Texas takes were made. Somebody else, find out this matter, because we don’t yet know if the (Mr. THORNBERRY). what happened. Somebody else, tell us what military leadership itself bears some responsi- Mr. THORNBERRY. Mr. Speaker, you find out. Somebody else, make this prob- bility for these atrocities. generally I think we can be faulted on lem go away.’’ That is a dereliction of our We also owe an apology to the people of this floor for saying the same thing duty. Iraq, and to all the countries around the world over and over again in our debates; but Members in this body have extraordinary that look to the United States for leadership in this case, I think it is important to experience and expertise in these issues. We and guidance in the area of democracy. This say over and over again so it is heard owe it to the people we represent to imme- resolution offers no apology. Instead, it ab- clearly and definitively that the con- diately launch full congressional investigations solves the Congress of blame, claiming that duct here, including the taking and dis- into Iraqi prisoner abuse. After the Defense we weren’t informed of the abuses while they tribution of photographs, is abhorrent Department report was buried and hidden were happening. But the fact that we weren’t to our Nation and to our values; and from Congress, and maybe even the Presi- informed should not stop this body from offer- also to say that we are proud of and dent, for months, it is absurd to now trust that ing our sincerest regret that military proce- grateful to the thousands and thou- same department to police itself and purge dures failed to stop this kind of abuse from oc- sands of men and women who do rep- itself of bad actors. We are already seeing the curring. Are we so arrogant that we cannot resent and exemplify our values every methods by which they will approach this— apologize for some of the most heinous acts day in Iraq, for every day there are blame the six people in the pictures and that member of our military have ever com- countless acts of kindness and gen- maybe a couple of others, and assume that mitted? erosity and respect shown to Iraqis by they were some sort of outliers.

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MY7.067 H06PT1 H2686 CONGRESSIONAL RECORD — HOUSE May 6, 2004 We all hope that that is indeed the case, but Mr. SPRATT. Mr. Speaker, there is trust anyone else. This is a matter we must make sure. Last week, I wouldn’t nothing we hold in trust more sacred where we must not take the role of have believed that any American soldiers were than the good name of America, and outsiders looking in. We should launch capable of such grotesque abuses. We must the good name of our great country is our own investigation. And one of the be objective as we delve into whether this at stake. We have been defiled, ma- places where this resolution stops problem goes far deeper than just a few cells ligned, if not damaged irreparably in short, I would say to my good friend, at Abu Ghraib. Further missteps in the U.S. some parts of the world; and we cannot the chairman of the committee, is that response to these atrocities could bring about diminish the consequences. it does not emphatically call for our a monstrous backlash in Iraq, and across the Just as the world has been fixated on own independent investigation to lead Middle East. those revolting photographs, the world wherever the facts may take us. We What message does it send to those strug- is watching now to see what America should do it because it is our duty. We gling for democracy and freedom around the will do, not what we will say, but how should do it because of the trust we world, when this People’s House, in the great- we will respond in fact. We should first hold. We should do it for the sake of est democracy in the world—simply toes the of all rise up in indignation and out- the soldiers, the vast majority of sol- majority party line? rage and condemn these atrocities and diers, who have are served honorably, We need bipartisan congressional investiga- not diminish them. I do not care who have served and sacrificed and se- tions to be conducted immediately into these whether six soldiers or 600 were in- cured the interests of our country. allegations of abuse, including those by U.S. volved. We should make it unmistak- But here, as in many places, this res- civilian contractor personnel or other U.S. civil- ably clear that this is conduct that olution pulls its punch. I support it. I ians, and into chain of command and other Americans will not tolerate, we will will vote for it, but I think it should be systemic deficiencies that contributed to such not diminish, we will not excuse, and more emphatic, more outraged, and I abuse. we will punish with severity. think it should be more of a beginning We all know that the vast majority of U.S. But our response cannot end with to our effort than an end, to the con- troops in Iraq are performing superbly. It is just indignation or even an abject apol- stitutional trust that we all hold, to tragic that the behavior of a small number of ogy. We must make every effort to find find the facts, to ask why we are so American soldiers has besmirched the reputa- out what was involved in these atroc- late ourselves in being informed, and to tion of U.S. troops overall. The vast majority of ities, who was involved in these atroc- see that the truth and the whole truth U.S. troops in Iraq are courageously per- ities, directly involved, and involved in comes out. forming their duties and are living up to the a supervisory capacity up the chain of Mr. HUNTER. Mr. Speaker, I yield highest standards of the U.S. military. They command and down the chain of com- myself such time as I may consume. I say to my good distinguished col- are serving our country with honor, distinction mand, wherever it leads; and we must league I invite him to come to our and dedication and deserve our country’s punish everybody who is culpable in a committee hearing in which we are deepest gratitude. way that makes clear this is despicable conducting oversight in this matter at However, the grotesque abuse of Iraqi pris- conduct which we will not abide in the oners is completely unacceptable—and is 3 o’clock tomorrow afternoon, and I United States of America. also remind him that we have now car- against everything our country stands for and That quest for facts must ask can- ried out by those people that we have holds dear. The abuse of Iraqi prisoners in the didly, painfully whether or not these trusted in uniform in the Iraqi theater Abu Ghraib prison by U.S. soldiers that has were isolated acts, these atrocities and elsewhere, six investigations now been documented with photographs is abhor- were isolated acts of poorly trained, ongoing into this particular matter, six rent and does not represent America. The citi- undisciplined reservists, or whether investigations. zens of America have been appalled by what they arise out of a culture that per- Mr. SPRATT. Mr. Speaker, will the they have seen and condemn these actions as mitted and allowed interrogation tech- gentleman yield? against our ethics and against our practices. niques that call for hoods, sleep depri- Mr. HUNTER. I yield to the gen- These abuses are truly un-American. vation, and incessant questioning. tleman from South Carolina. Congressional investigations are critically These are hard questions. We have Mr. SPRATT. Mr. Speaker, I have needed in order to get to the bottom of this got to ask them. Was this military in- great respect for the gentleman, and he outrage. Among the questions that must be telligence, military police, or was it and I served together, as he will recall, answered are: How widespread were these in- both? Where did the system break on one investigative panel that looked cidents of prisoner abuse? Were personnel down? into what happened in Beirut in 1983. trained adequately to do the jobs to which In the committee room of the Com- We had both been there a month be- they were assigned? When did senior leader- mittee on Armed Services, Mr. Speak- fore, both talked about what happened, ship of the Department of Defense learn of er, we have cast in bronze a plaque and that was an investigation that these allegations? Was their response timely with article 1 clause 8 of the Constitu- really did unearth new facts. And it is and did it reflect the seriousness of this situa- tion which gives Congress the power to a good illustration of why we need to tion? raise and support an Army, a Navy, and have a similar investigation here where We owe it to the American people, to those provide for their regulation. This was our committee has searched its con- around the world who are watching intently, the way that the Parliament in the stitutional authority and gets to the and especially to our troops whose reputations 17th century gained control of the gov- bottom of this matter. have been called into question by this situa- ernment by gaining control of the mili- Mr. HUNTER. Mr. Speaker, I would tion. We must put this Congress to work purg- tary, among other things, by keeping say to my colleague that we have three ing our military of those who encourage such on a short leash the law that permitted of the people involved in this who have un-American behavior, and restore the honor courts martial. been bound over to the court-martial of our brave soldiers serving in Iraq and The Department of Defense is and convening authority for general courts around the world. ought to be conducting its own inves- martial, that is, for criminal prosecu- I again call for Secretary Rumsfeld to ap- tigation; but if we are worth our salt, if torial activity, and to say to my col- pear before the full body of this House with we are up to the powers the Constitu- league again, who has told me many the complete story of this travesty. Ultimately, tion vests in us, we must conduct our times about how much he respects our I call for his resignation and that of Deputy own investigation. people in uniform, that our people in Secretary Wolfowitz. uniform themselves, starting with the Mr. SKELTON. Mr. Speaker, I yield 4 b 1400 private who reported this, have six in- minutes to the gentleman from South Woodrow Wilson once said that our vestigations ongoing. And I think part Carolina (Mr. SPRATT), the ranking greatest power is the power to inves- of our job is not just to have oversight, member on the Committee on the tigate, to inform, to check the Com- but also to trust to the honor and in- Budget and also a senior member of the mander-in-Chief, to notify, to make tegrity of the people who wear the uni- Committee on Armed Services. the American people understand what form, and we now have six investiga- (Mr. SPRATT asked and was given is happening in their government. So tions going forward. permission to revise and extend his re- this is not a matter that we can dele- So let us have this hearing tomorrow marks.) gate. This is not a matter that we can and see where we go from there, but

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.034 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2687 my feeling is we have good, competent, (Mr. HOYER asked and was given The buck must stop somewhere. Pri- honorable people undertaking these in- permission to revise and extend his re- vate admonishments are not sufficient. vestigations. marks.) Full public accountability must be de- Mr. Speaker, I yield 2 minutes to the Mr. HOYER. Mr. Speaker, the fact manded. If the Secretary of Defense distinguished gentleman from Okla- that we are on this floor today consid- failed to perform his duty, he should be homa (Mr. COLE), who cares so much ering a resolution condemning out- held responsible. If anybody below him about America’s men and women in rageous conduct by American soldiers failed to perform their responsibility, uniform. and perhaps some civilians against de- they too should be held responsible, as Mr. COLE. Mr. Speaker, I rise today fenseless Iraqi detainees is an unmiti- should those perpetrators. in support of the resolution and to ex- gated and shameful embarrassment for Mr. Speaker, it is nothing short of press my revulsion and disgust at the this Nation. This abuse, which is as tragic that this indefensible conduct abuse of Iraqi prisoners by a few rep- criminal as it is un-American, demands threatens to overshadow the extraor- rehensible and unrepresentative indi- full accountability. And full account- dinary courage and sacrifice of our viduals in our military or operating as ability must be demanded not just at brave men and women in our Armed representatives of our government. the bottom of the military chain of Forces. I have supported their efforts The very first time I spoke on this command, but for the highest ranking and supported the President in remov- floor, it was to warn Saddam Hussein military and civilian officials who ing Saddam Hussein. We have liberated and the Iraqi army of the consequences knew or should have known about this 25 million Iraqis from the clutches of a of not treating our prisoners of war in behavior and either turned a blind eye ruthless dictator. How proud we are of accordance with the Geneva Conven- to it or failed to immediately address our men and women in uniform. tions. I feel just as strongly about the it. The only way we can remove that prisoners of war that are in the custody Let us be clear. The buck should not dark cloud that now hangs over their of our military. and it must not stop with a 20-year-old noble efforts is to ensure that those This is not an issue I take lightly. enlisted man or woman who may well who have acted outside the law are re- My own uncle was a prisoner of war have thought they were acting within quired to answer to it and those who during World War II. He suffered ter- the framework of a psychology that allowed it to go unchecked and rible personal abuse. permitted them to demean and deny unpunished are removed from positions Now a few soldiers have brought dis- basic decency of treatment to detain- of responsibility. grace upon themselves. And in the ees. Finally, Mr. Speaker, let me say that process, they have embarrassed our Na- Mr. Speaker, 43 years ago, I stood in the damage inflicted upon our image tion, its Army, and risked the lives of front of this Capitol building as Presi- and standing in the world is incalcu- our soldiers. dent Kennedy told the American people lable. As Tom Friedman pointed out in Mr. Speaker, these abuses must be in one of the most famous inaugural the New York Times this morning, it dealt with and the perpetrators pros- addresses in our history that Ameri- has been quoted before but let me ecuted and punished. The incident rep- cans, he said, are ‘‘unwilling to witness quote it again: ‘‘We are in danger,’’ he resents a failure of leadership, clear or permit the slow undoing of those said, ‘‘of losing something much more and simple. Those in the chain of com- human rights to which this Nation has important than just the war in Iraq. We are in danger of losing America as mand responsible for this breakdown always been committed and to which,’’ an instrument of moral authority and must be identified and sanctioned in he said, ‘‘we are committed today at inspiration in the world.’’ some way stronger than simple letters home and around the world.’’ I will offer a motion to recommit, of reprimand. Mr. Speaker, I believe we are still which makes more clear our outrage This resolution and the actions that committed to those. That is the Amer- and more pointed our demand for full follow are what makes us different ica that every Member of this body investigation and responsibility. I urge from other nations, Mr. Speaker. Here knows and loves; an America that in America when something like this my colleagues to support it. stands for the rights and dignity of I thank the gentleman for yielding happens, we put it out in front of the every human being; an American me this time. world, we identify the perpetrators, America that fights oppression, inhu- Mr. HUNTER. Mr. Speaker, I yield prosecute, and punish them. That is manity, and intolerance wherever it myself 15 seconds. what our soldiers fight for. That is rears its head. To address the distinguished major- what 30 soldiers from my own district This Congress, the elected represent- ity whip, the distinguished majority have died for. atives of 290 million Americans, must whip, like the previous speaker, is In America, we do not have gulags. fulfill its constitutional duty as a co- wrong. The statement was put out by We do not have concentration camps. equal branch of government and de- the Army on January 15 that this in- And we do not tolerate the mistreat- mand accountability for these criminal vestigation was taking place, 2 days ment of those who are incarcerated. We acts. This means that we must hold after the soldier came forward. And 3 are a just society built upon the rule of hearings so that the American people days after the soldier came forward, it law. But make no mistake. Our cause and all the world know the truth about was given in General Kimmitt’s ad- in Iraq is just, and we will be successful this episode. dress to the combined audiences of Fox in spite of this shameful episode. I am pleased to see the chairman of News, MSNBC, and CNN. That is not Mr. Speaker, the vast majority of our the committee is holding hearings. turning a blind eye. soldiers are honest and upright and Some 4 days ago, he said they were not I will give the gentleman the notice. willing to risk their lives to defend and necessary and the leader of his party It was put out on January 14. He can advance the cause of freedom. I know. said they were not necessary. Those look at it. I have had the honor of visiting them, who perpetrated these criminal acts Mr. Speaker, I yield 2 minutes to the and I am quite sure that they are as and those who created the environment gentleman from California (Mr. COX). disgusted and outraged by the conduct in which such acts were thought to be Mr. COX. Mr. Speaker, I thank the of these few individuals as we in this acceptable should be, must be, held ac- chairman for yielding me this time. House are. countable. Mr. Speaker, this is not merely a Mr. Speaker, I would encourage other Today we learn that the Secretary of matter of a small number of individ- Members to vote in support of this res- Defense has known for months that uals who have violated the code of olution, but also to thank the many prisoners in Iraq and Afghanistan have military justice. This is a disgrace. soldiers who serve us and the Iraqi peo- been humiliated, beaten, tortured, and This country led an international ef- ple, while we sanction the few who even murdered. Twenty-five prisoners fort to end the regime of a cruel dic- have violated our trust. have died in U.S. custody. And, still, tator who abused his people. Now men Mr. SKELTON. Mr. Speaker, I yield 5 there is virtually no accountability for and women wearing the American uni- minutes to the gentleman from Mary- those deaths. No House congressional form have abused Iraqis. land (Mr. HOYER), who is the minority inquiry, no presidential or secretarial The injury they have caused does not whip. condemnation, and no end. end with the Iraqi prisoners. They have

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.073 H06PT1 H2688 CONGRESSIONAL RECORD — HOUSE May 6, 2004 undermined the war effort. They have Mr. SKELTON. Mr. Speaker, I yield The American people must have answers to risked its success as surely as if they for the purpose of making a unanimous these questions. I realize that congressional sold military secrets to the terrorists. consent request to the gentleman from investigations will take months, but Secretary They have humiliated our Nation more Massachusetts (Mr. OLVER). Rumsfeld must resign. By ignoring inter- gravely than mere terrorists ever (Mr. OLVER asked and was given national law and insisting on a policy that al- could. They have dishonored every permission to revise and extend his re- lowed these prisoner abuses in Iraq to occur, brave American soldier who has lost or marks and include extraneous mate- the Secretary has greatly damaged our coun- risked his life in the war effort and to rial.) try’s standing in the world and compromised help the people of Iraq. They have Mr. OLVER. Mr. Speaker, I rise in our national security. wasted the effort of those brave Ameri- opposition to this resolution. America cannot win the peace in Iraq while, cans who have rehabilitated more than Mr. Speaker, the whole world now knows in America’s name, some, however few, com- 1,700 schools in Iraq. They have squan- about the abhorrent behavior of American in- mit outrages, as part of the occupation, more dered the work of a global coalition terrogators and guards at the Abu Ghraib pris- akin to those attributed to Saddam Hussein. that has delivered more than 25,000 on and at other facilities maintained by the Mr. HUNTER. Mr. Speaker, I yield 2 tons of pharmaceuticals and supplies to U.S. military in Iraq and Afghanistan. Unac- minutes to the gentleman from Ne- health care facilities in Iraq and vac- countably, neither Secretary of Defense braska (Mr. TERRY). cinated over 70 percent of children in Rumsfeld nor Chairman of the Joint Chiefs of Mr. TERRY. Mr. Speaker, like all of Iraq against polio, tuberculosis, mea- Staff, General Meyers, took the matter seri- us in here, I am sickened by the images sles, and diphtheria. ously enough to brief the President on the of our military abusing Iraqi prisoners. If ever justice could be swift, let it be Pentagon report that there were numerous, These actions are deplorable in and of now. If ever the punishment could fit specific instances of ‘‘sadistic, blatant, and themselves, and it is even more so the crime, let it be now. If ever our Na- wanton criminal abuses’’ by American prison when we as an American society stand tion needed the prayers and support of guards at Abu Ghraib. The President knew for justice and the protection of human men and women of goodwill, it is now. since January that a general investigation into rights. The abuse tears the very fabric The success and survival of liberty de- the treatment of prisoners was ongoing, but of the values which make America pend upon it. neither the Pentagon nor the White House ac- great. Mr. SKELTON. Mr. Speaker, I yield 1 knowledged that investigation until this week This abuse not only degrades the minute to the gentleman from Mary- when hundreds of extremely graphic photo- prisoners and the Muslim culture, but land (Mr. HOYER), the minority whip. graphs were made public. ours as well. If these abuses sicken me Mr. HOYER. Mr. Speaker, first, let I opposed the war in Iraq in part because I and most Americans, think of the le- was convinced that unilateral American mili- me say to the gentleman from Cali- gitimate reaction of those in Iraq and tary action in Iraq would lead to an increase fornia (Mr. COX) that I associate myself the Middle East and the world. with his remarks and thank him for in the number of terrorists. The behavior of It should also trouble Americans that those comments. Let me say to my American prison guards at Abu Ghraib will fur- this terrible episode is being exploited ther breed hatred for the United States and friend, the chairman of the Committee by partisans who wish to make it an sympathy for those who do us harm. The im- on Armed Services, he and I voted to- election-year issue. Republicans and ages of American soldiers humiliating pris- gether probably 95 percent on issues of Democrats should stand arm in arm oners in Iraq have caused severe damage to defense. condemning what occurred, apologizing our efforts to establish Iraq self-rule and hold b 1415 for these abuses, and demonstrate the free elections. Our standing in the Islamic decent values for which America and I will tell my friend, he has repeated world is now far worse than it was even last we all stand. the fact that we knew this in January week. at least four or five times, that I have I am convinced that two actions are now I appreciate the President going on heard. If that is the case, and I take necessary. Arab television yesterday to directly him at his word, frankly, I did not First, Secretary of Defense Rumsfeld must address the Arab people. It is a good focus on it, the chairman did not focus resign. The events at Abu Ghraib prison were first step. But more must be done to re- on it, there have been no hearings, the inevitable result of the Secretary’s policy of habilitate our benevolent reputation. there have been no investigations. It is ignoring the Geneva Accords that govern the We need to thoroughly investigate a shameful reality that perhaps some rights of prisoners. Despite overwhelming criti- and make sure that those holes that al- knew this as early as January, and we cism at home and around the world, Secretary lowed this to happen are plugged. are here today, some 4 months later, Rumsfeld insisted that the United States will America should stand for nothing less. with the public getting that informa- no longer by bound by the Geneva Conven- Mr. SKELTON. Mr. Speaker, I yield tion and the Members of Congress tion and decades of previous practice by the myself 30 seconds. being energized by it. And this resolu- U.S. military in its handling of detainees in for- Mr. Speaker, I might say there was a tion did not come from your com- eign countries will be ignored. the Secretary’s serious attempt to have a bipartisan mittee, I say to my friend, until almost insistence on handling prisoners in secret and resolution today; but let me say that mid-May, notwithstanding the fact outside the law has led to an unaccountable on this side we were not shown a draft that you read that disclosure over and regime in which prisoners in both Iraq and Af- until almost 6:30 last evening, and we over and over again. ghanistan have been humiliated, beaten, tor- were not permitted to share a copy Mr. HUNTER. Mr. Speaker, I yield tured, sexually abused and killed. with our leadership until 9:45. Our lead- myself 10 seconds. Second, there must be a comprehensive in- ership was not given the opportunity Mr. Speaker, let me just say to my vestigation by Congress into the treatment of to make a change on the draft that was friend, you say some knew about this. prisoners of war. There must be an investiga- given at that time, and we were not The combined audiences of Fox News, tion independent of the Department of De- given a copy of the final version of the MSNBC and CNN heard this in the fense, where the abuses occurred, that in- bill until after it had been introduced. daily briefing in January. So your cludes an examination of the role of civilian When the leadership could not reach statement that the administration contractors and other civilians who may have unanimous consent; we were not given turned a blind eye to it is not true. played a role in the incidents of prisoner the opportunity to offer an alternative, They initiated an investigation, once abuse. A thorough investigation by Congress an amendment or even a motion to re- again initiated by General Sanchez, 3 would reveal the systemic deficiencies that commit. I was hoping we could do a days after the soldier came forward. contributed to such abuse. Among the ques- better job of being bipartisan, but we Mr. SKELTON. Mr. Speaker, may I tions that must be answered are: How wide- are here and I intend to vote for this. inquire how many minutes are left. spread were these incidents of prisoner Mr. HUNTER. Mr. Speaker, I yield 2 The SPEAKER pro tempore (Mr. abuse? Were personnel trained adequately to minutes to the gentleman from Indiana SIMPSON). The gentleman from Mis- do the jobs to which they were assigned? (Mr. BUYER), a former member of the souri (Mr. SKELETON) has 3 minutes re- When did senior leadership of the Department Committee on Armed Services, who is maining, and the gentleman from Cali- of Defense learn of these allegations? Was a colonel in the Army Reserve and was fornia (Mr. HUNTER) has 8 minutes re- their response timely and did it reflect the pro- in fact a JAG officer at our POW camps maining. found seriousness of this situation? in Gulf War I.

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.076 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2689 Mr. BUYER. Mr. Speaker, I thank and he briefed Members of the House of The resolution acknowledges that fact the gentleman for yielding me time. Representatives on the situation in and deplores it. Unfortunately, by in- First of all, we are all outraged by Iraq. He neglected to tell Members of cluding a number of causes that seek the criminal conduct of a few. War is Congress that the situation in Iraq in- to compare life in Iraq after the inva- not simple; war is not easy. By its na- cluded this most unfortunate, disgrace- sion with conditions that existed be- ture, it is chaotic. It is an effort to find ful situation in the prison. He withheld fore, the resolution creates an infer- humanity in a very inhumane environ- that information from the Congress of ence that whatever post-invasion im- ment. That is the reason for the cre- the United States when he had full provements exist, somehow they miti- ation of the Geneva Conventions and knowledge of it and apparently had full gate the abhorrent nature of the treat- the laws of war. The United States is a knowledge for a while. ment of the prisoners. These signatory to the Geneva Conventions. Indeed, that very evening, ‘‘60 Min- ‘‘whereases’’ have no place in the same The United States has not violated the utes’’ broke the story, a story it had resolution. Geneva Conventions. The United been working on for a while. So why The resolution should be focused States is enforcing the Geneva Conven- was Congress the last to know, espe- tightly on the scandal and the need to tions and our laws under it. That is an cially on a day when the Secretary was find out why it occurred and who important message for the world to briefing the Congress on the situation should be held accountable. Diffusing know. in Iraq? the focus conceals an important fact: The United States sets the standard The distinguished chairman of the this scandal increases the danger to for the world. So we here in this body Committee on Armed Services has said our troops in Iraq, makes their mission need to speak in a unified voice in the repeatedly in the course of this debate more difficult to accomplish, and message to the world that we support that this information was made public threatens the interests of the United the Geneva Conventions for bringing in January by a public statement by States around the world. Even with a humane treatment to individuals, General Kimmett. I do not know when concerted effort in which a better- whether they are prisoners of war, that constituted keeping Congress in- crafted resolution could have played an whether they are detained civilians, formed; and if that is the standard, if a important part, it will be a very long whether they are detained personnel. It sentence that does not really explain time before the standing of the United does not matter what status. the situation expressed in a press con- States is restored in the eyes of the Sure, you get into the technicalities ference in Iraq meets the standard for world, unless we face up to this matter. of the law, but what is important is informing Congress, then we are in a Congressional oversight of the war in they be treated humanely. There is no lot more trouble than we even thought. Iraq has not been aggressive enough. justification whatsoever for these Please do not bring that up as an ex- The administration’s failure to provide ‘‘softening up’’ of individuals for inter- ample of ‘‘letting us know,’’ because I accountability for its policies and an rogations. What occurred was wrong. do not think anybody, even within the accounting of the money already pro- This did not occur whatsoever in the administration, would have called that vided has not been questioned ade- first Gulf War. I participated in inter- sufficient notification to Congress. quately. Compounding that record of rogations. I was at the Joint Interroga- Since last Thursday when the Sec- inaction by not investigating this mat- tion Facility. There was never even a retary of Defense withheld information ter thoroughly will be inexcusable. This resolution could have called hint nor even a rumor with regard to from the Congress, the Senate has held clearly for congressional investiga- the mistreatment, abuse, or maltreat- robust hearings. They stopped in their tions, to include a review of the role ment with regards to prisoners. tracks. They stopped the business of that the U.S. civilian contractors and What occurred here is wrong, and the Senate, which was the reauthoriza- other civilians may have played in it. every American should be outraged. tion of the Defense Act, and went into That suggestion was outright rejected What is important is that we recognize committee as the Committee on Armed by the Republicans, saying we will not there was a failure of the chain of com- Services because of the urgency of this include the investigation and the con- mand within the 800th MP Brigade and matter. Yet this House had to be tractors in this resolution; we will not that individuals need to be held ac- dragged kicking and screaming into add it. And it begs the question, Why? countable. The question is, where does having hearings on the subject. We Today, America has an opportunity it go from there, whether that account- should have hearings not only in the to show the world our greatness by ability function is strictly just of sol- Committee on Armed Services, but in sending a message to the American diers, or does it in fact move to civilian the Committee on International Rela- people and to the world that we deplore leadership in the Pentagon? tions. We should be having these hear- this conduct, that we understand the What I do know about facts is that ings in the Committee on the Judiciary significance of these abuses in the eyes facts are very stubborn things and that as well. We should be having these of the Arab world, and that we will act facts will hold the test of time. So be- hearings in the Permanent Select Com- to uncover the facts to find out who is yond the rhetoric, beyond any form of mittee on Intelligence, it touches so responsible and to make sure that it allegation, beyond the spin, facts. many jurisdictions in this House, be- will never happen again. Mr. Speaker, it is important for this cause we must get to the bottom of Every opportunity we get, we will al- body to speak in a unified voice; let all this. ways offer our praise and gratitude to of the investigations come through, let So today we have this resolution that our troops. We could have done that in the sun shine in, let the world know has come to the floor, missing an op- a resolution that would have had bipar- and the facts will determine where the portunity to send a very clear, forceful, tisan support, because it was very im- accountability lies. values-based message to the world and portant that we send a message to the Mr. SKELTON. Mr. Speaker, I yield to the American people about who we Arab world that we do understand the the balance of my time to the gentle- are and what we stand for and what we significance of these abuses to them. woman from California (Ms. PELOSI), will not tolerate in the behavior of our This is very, very, very significant; but the minority leader. people. it has been lost in the resolution before Ms. PELOSI. Mr. Speaker, I thank We all agree that our troops, our men us. the gentleman for yielding time and and women in uniform, and even the ci- Mr. Speaker, I urge my colleagues to for his tremendous leadership on behalf vilians over there, are courageous, pa- support the motion to recommit to be of the national security of our country. triotic, and have acted with great cour- offered by the gentleman from Mary- I also thank the gentleman for his at- age. They are willing to sacrifice their land (Mr. HOYER), which delivers a tempt to develop a bipartisan resolu- lives. We owe them our deepest grati- message that truly reflects America’s tion that would bring us all together tude and respect and our prayers. This values. and take the opportunity to send a true resolution acknowledges that fact, and message to the world of democratic it is right to do so. b 1430 values. Some U.S. personnel, military and ci- It does so clearly and forcefully, and Mr. Speaker, last Thursday, Sec- vilian, abused Iraqi prisoners in ways there is a reason for that. The gen- retary Rumsfeld came to the Congress that are shocking and reprehensible. tleman from Maryland (Mr. HOYER) has

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.079 H06PT1 H2690 CONGRESSIONAL RECORD — HOUSE May 6, 2004 been a champion for human rights for gle day. It is important for us to focus Operation Iraqi Freedom, whatever as long as he has been in the Congress, on these men and women today, Mr. difficulty we have faced since the end and probably longer. His leadership on Speaker, because the system that of major combat, has been an absolute the Helsinki Commission, his bipar- broke down and the system that is re- good for the cause of human freedom in tisan work on these issues gives him sponsible for these inhumanities has the world. The men and women serving standing and authority to speak in a just placed an even larger target on the United States in Iraq won the way, again, that clearly reflects Amer- each of their foreheads. For the 138,000 swiftest and most humane military ica’s values. brave men and women, and for the campaign in history, and they turned The Republican resolution does not countless other Americans in Iraq from that victory in major combat to a do that; the Hoyer motion to recommit today, their lives have become even protracted, difficult, and bloody gue- does. more perilous with every new disclo- rilla war against terrorist insurgents Let us leave no doubt in the hearts sure of atrocity. that still takes American lives every and the minds of the world that we will This Congress was kept in the dark week. live by the principles that we preach. for months, but now the lights have We must, I say to my colleagues, we Mr. HUNTER. Mr. Speaker, I yield been turned on. For every minute we must not forget that while we have myself such time as I may consume take to find our voice, to take a bold this chance to speak with one voice just to reiterate the same thing that I action, to demonstrate to the world condemning what has happened in the have been stating, and that is that 2 that American democracy and human- Iraqi prisons, the war still rages. At- days after the soldier in January re- ity are more than words that we teach tempts to politicize the abuse revela- ported to his superiors that abuses to schoolchildren, is another minute tions will rightly be seen by our en- were taking place, the United States that our soldiers face more danger and emies as opportunities to recruit, to announced to the world in their press even greater odds than they would propagandize, and to incite. release that we were undertaking an have faced otherwise, and they exacer- The world must know that the abuses investigation. And a few days after bate their chances of getting back we have seen in recent days do not re- that, 4 days after the facts came for- home to see their families again. flect the views, policies, or fabric of ward, we announced to the combined If this debate is truly about them, I this Nation. audiences of Fox News, MSNBC and say to my colleagues; if this debate is Our men and women in uniform are CNN, millions of people, that the inves- truly about them, they deserve more fighting today. Indeed, American blood tigations were taking place. than a few words on this floor today. is flowing in Iraq as we speak, and it is, The investigations proceeded. We They deserve accountability, and they therefore, incumbent on this body to now have three individuals who are deserve action, and they deserve it offer our support for our troops and being recommended to the Court-Mar- now. their mission all the more strongly tial Convening Authority for court- Mr. HUNTER. Mr. Speaker, I yield today. martial for prisoner abuse, assault, our remaining time to the gentleman Our troops are changing the world dereliction of duty, and a large number from Texas (Mr. DELAY), the majority and building a future for the people of of people in the chain of command have leader. Iraq, sacrificing more than most of us Mr. DELAY. Mr. Speaker, I want to had their career ended, not because we can know for the survival and success thank the ranking member, the gen- found any connection between them of liberty. They are the finest ambas- tleman from Missouri (Mr. SKELTON) and the acts, but because it was on sadors, wherever they go everywhere in and the chairman, the gentleman from their watch that these things took the world. They are the only thing that California (Mr. HUNTER) for bringing place. separates us from another 9–11. And in this resolution to the floor. I want to say just one thing about When I spoke to the chairman of the their time in Iraq, our servicemen and Mr. Rumsfeld before I recognize an- Committee on Armed Services, I asked women have helped to rebuild schools, other speaker, Mr. Speaker. We have him what we should do about this inci- hospitals, food security systems, and 135,000 good, hard-working, courageous dent. There was a lot of discussion infrastructure. They are an Army of uniformed men and women in theater. about a lot of things, but we were talk- charity. They are laying down their They are in contact in firefights on a ing about doing this resolution. I told lives and their futures so that others daily basis. The job of the Secretary of him at the time that we wanted to might have themselves the freedom Defense is to see to it that we win this make sure that this was bipartisan, that we all take for granted. war. He assigned to the legitimate, ap- and he expressed himself that we need- ‘‘Greater love hath no man than this, propriate departments this investiga- ed to have a resolution that condemned Mr. Speaker.’’ Our heroes must know tion and told them to go forward, the actions at Abu Ghraib prison but, that even in these troubling times, which they did, resulting in the crimi- at the same time, we needed to talk that love is returned. nal prosecution machine being set in about our troops. That is what this res- Ms. WATSON. Mr. Speaker, I rise in opposi- motion under our court-martial au- olution does. tion to H. Res. 627, a resolution condemning thority, and he went back to trying to When others tried to come in and im- the abuse of persons in U.S. custody in Iraq. win this war. That is the appropriate pose politics into the resolution, it was Every member of this body is outraged and action for the Secretary of Defense. rejected. saddened by the recent reports of the abuse Mr. Speaker, I yield 2 minutes to my This resolution is exactly written the of prisoners in Iraq as well as Afghanistan. H. good friend, the gentleman from Cali- way it should have been written, and I Res. 627, however, is a ‘‘feel good’’ resolution fornia (Mr. THOMPSON), a great member congratulate the gentleman from Mis- that fails to empower Congress to exercise its of the 173rd Airborne in the Vietnam souri (Mr. SKELTON) and the gentleman oversight role in the investigation of the Iraqi War. from California (Mr. HUNTER) for doing prisoner scandal. Moreover, the resolution be- Mr. THOMPSON of California. Mr. it the right way. fore us today was crafted by a narrow Repub- Speaker, I thank the gentleman for The alleged abuses inside Abu Ghraib lican majority, which once again did not permit yielding me this time. Prison in Iraq are an outrage. They are either the appropriate committees of jurisdic- Mr. Speaker, I would like to com- crimes by any definition of any terms tion or the Democratic leadership to participate mend the chairman and his colleagues in any culture, and their perpetrators in the process of crafting language for the res- on that side of the aisle on their debate must be dealt with swiftly and fully. olution. today and associate myself with the re- Our government has a responsibility to In effect, this resolution does absolutely marks that they have made. I agree find out exactly what happened, what nothing. It fails to put forward any policy lan- that this debate should not be limited went wrong, and make sure it never guage to address the serious issues at hand. to the actions of those responsible for happens again. But while we meet that Most egregiously, the resolution fails to offer these inhumane acts. responsibility, we cannot allow these any form of apology to the prisoners abused It is also about the tens of thousands shameful crimes to undermine or dis- or the Iraqi people. of U.S. military personnel who are per- tract the American people or ourselves The United States stands on the precipice forming their jobs honorably and from the task, the clear moral impera- of a major foreign policy disaster. It is long bravely in the face of danger every sin- tive at hand. past time to change course in Iraq. Defense

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MY7.081 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2691 Secretary Rumsfeld and Deputy Secretary of and neither does this resolution. I am there- Accordingly, Congress must send an un- Defense Wolfowitz are the principal architects fore opposed to it. wavering message to the Iraqi people and to of this failed policy. I once again call upon the Ms. ESHOO. Mr. Speaker, every American the rest of the world that the United States will President to seek their resignations. Only then is appalled by the images and reports of the not tolerate the alleged atrocities that have oc- will the people of Iraq and the world perhaps mistreatment of prisoners at the Abu Ghraib curred in the Abu Ghraib prison. While I will begin to view U.S. actions and intentions in a prison in Iraq, images which have now been vote for this resolution, I do not want to simply more favorable light. shown around the world again and again over join my colleagues who want to pay lip-service Ms. ROYBAL-ALLARD. Mr. Speaker, I will the past week. These criminal actions have to a solution without any subsequent action. be voting for the resolution today because I greatly undermined America’s credibility Congress must ensure that the perpetrators of agree with its praise of our troops in Iraq, who around the world, humiliated the prisoners and the alleged brutality, as well as those leaders under difficult circumstances continue to dis- their families, besmirched the reputation of our who let such inhumanity occur under their play high standards and professionalism dur- Armed Services, and placed our troops and ci- watch, be brought to justice. Just as impor- ing the occupation and rebuilding of Iraq. vilians at heightened risk. The good work of tantly, Congress must investigate the scope of However, I am very disappointed in the res- American troops has been diminished signifi- this problem; the increasing number of revela- olution and will vote for it with reservations. cantly and the Arab world is outraged. tions of alleged prisoner abuse at Abu Ghraib The primary purpose of the resolution should While it’s highly appropriate for Congress to and other prisons in Iraq, leads me to believe have been to deplore any abuses which have condemn these criminal actions, this Resolu- that such brutality may not be isolated to six occurred while prisoners are in U.S. custody, tion does not go far enough in offering a rem- or seven individuals. We need to ensure that and to demand swift prosecution of those who edy. The Resolution does not call for a full such abuse is not systemic within and outside committed illegal or unethical acts, including Congressional investigation. Indeed, the Ma- of the chain of command by conducting a bi- those responsible in the military chain of com- jority has blocked the Minority today from add- partisan Congressional investigation and by mand. Atrocities in the Abu Ghraib prison, and ing a provision that would launch such an in- holding Congressional hearings. anywhere else they may have been com- vestigation. The Resolution ignores the neces- Additionally, we must make sure that all mitted, must be thoroughly and openly ad- sity of an investigation to examine the role that people who participated in this alleged abuse dressed through congressional investigations. intelligence officials and private contractors are held accountable. This includes the private These investigations must also include the may have played in these crimes. We have to contractors who were allegedly involved in the conduct of American contractors who had a pursue the truth wherever it takes us and as brutality that took place at Abu Ghraib. While role in overseeing prisoners. Irresponsibly, high up the chain of command as we must go. the Department of Defense has reportedly launched several investigations, none has yet these important points are left out of the reso- Finally, the Resolution does not call on the to address the role that the private contractors lution the House is considering today. Administration to be fully accountable and to The recent abuse of prisoners in the Abu report fully to Congress and the American played. In fact, several reports indicate that Ghraib prison is not only disgraceful, it is dam- people about the scope of this most serious the private contractors who were named spe- aging to the interests of the United States, and issue. cifically in the classified Taguba report are still ultimately it endangers our men and women in The Congress has been kept in the dark for working as paid contractors in Iraq. Not only months about the abuses in Abu Ghraib pris- must Congress hold hearings to investigate uniform not just in Iraq but around the world. on, yet no one from the Administration has in- the alleged role of the private contractors in We must act quickly to convince the court of formed Congress or offered an apology. In the alleged prison abuses, the U.S. Depart- world opinion that the American people do not fact, Secretary Rumsfeld came to Capitol Hill ment of Justice must also exercise its ability to tolerate illegal or unethical conduct by Ameri- to brief Congress on Iraq last week, but never investigate, and if warranted, prosecute those cans and will take the necessary steps to stop even mentioned these serious abuses and the individuals to the fullest extent of the law. it and prevent it from happening again. catastrophic fallout internationally against the Congress must also guarantee that this Ad- Mr. MEEK of Florida. Mr. Speaker, I rise to United States. ministration is held responsible for its actions strongly oppose H. Res. 627, the Iraqi Pris- Mr. Speaker, there must be consequences. or more precisely, its inaction, and for its poli- oner Resolution, because it is simply deficient Reprimands aren’t enough. The people in cies that may have allowed such atrocities to as a statement expressing the outrage and re- charge should be replaced, beginning with the occur. The actions of Secretary Rumsfeld and vulsion that I feel, and that I believe the Amer- Secretary of Defense. the Pentagon, including the decision that the ican people feel, about the despicable abuse A year ago I traveled to Iraq and Kuwait and United States would no longer adhere to the and humiliation of these prisoners. met with our troops and intelligence officers. Geneva Convention as well as the ruling that The resolution also lacks any call for bipar- The vast majority were doing their jobs su- detainees would be held without due process, tisan congressional investigations to be con- perbly well under very trying and dangerous have arguably helped to create a standard for ducted immediately into these allegations of conditions. Their efforts have been made im- the treatment of prisoners, which allows for abuse, including those by U.S. civilian con- measurably more difficult by the actions of a humiliation, torture and murder. tractor personnel or other U.S. civilians, and small group. Even worse, Mr. Rumsfeld has not only not into chain of command and other systemic de- While we express our outrage, we must do read the Taguba report in its entirety, he has ficiencies that contributed to this abuse, which more. There must be a full accounting and failed on numerous instances to respond to have been called for by members of both par- there must be consequences. Unfortunately, other reports of alleged violations and abuse. ties. this Resolution demands none. I vote for this There is no excuse for his woeful negligence. It is impossible to exaggerate the serious- Resolution with all these reservations and con- If Mr. Rumsfeld had responded to these re- ness and importance of this abusive mistreat- cerns, but it cannot be the end of the story. ports, these abuses may not have occurred to ment. It sets us back in the War on Terrorism We could have done so much better on a bi- this degree, or at all. Mr. Rumsfeld must be by turning against us the very allies among partisan basis, and it is regrettable that we did held responsible for his part and if doing so moderate Muslims that we need in order to be not. Congress now has its constitutional re- requires his resignation, such action must then successful. It taints the reputation of our Na- sponsibility of oversight and investigation to be called for. tion in the world community and the reputation bring out the entire truth and then move to Mr. LANTOS. Mr. Speaker, I join my col- of our men and women in uniform for years to shape policies that will help assure this leagues in expressing revulsion at the deeply come. It undermines U.S. credibility as the doesn’t ever happen again. disturbing images that have ricocheted around world’s leader in the protection of international Ms. DEGETTE. Mr. Speaker, while the re- the world, showing abuses committed by human rights. It hurts our efforts to protect the cent reports and graphic photographs of the members of the U.S. armed forces against state of Israel and broker peace in the Middle alleged prisoner abuse at the Abu Ghraib pris- Iraqi detainees. I have seen first-hand the East. And it invites similar abuse of members on sound similar to the atrocities that occurred abuse of civilians and others during wartime. of our military, indeed any U.S. citizen, who under the cruel dictatorship of Saddam Hus- I understand the dehumanizing humiliation that may be captured by our enemies in the future. sein, these unbelievable instances of brutality can be perpetrated against an individual. At My great fear is that American lives will be lost and inhumanity, instead, allegedly took place the same time, I also know that if it were not because of the impact of this illegal, inhumane under American command, perpetrated by for the bravery and heroism of the U.S. mili- and un-American mistreatment. American troops. Sadly, the Abu Ghraib pris- tary, I probably would not be walking on this The Bush administration has not gone near- on—the very prison that epitomized all that earth—and there are countless people around ly far enough or fast enough to apologize for was evil under Saddam Hussein’s regime to the world who could say the same thing. these human rights abuses, or to hold ac- the Iraqi people—still represents evil, only It is important to keep in mind that the over- countable those who are responsible for them, under a new name. whelming majority of our men and women in

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MY7.037 H06PT1 H2692 CONGRESSIONAL RECORD — HOUSE May 6, 2004 uniform have acted honorably in fulfilling their quickly and decisively to deal with these des- whether anyone remembers that we did not go duty in Iraq. They have risked their lives and picable acts and the failures that allowed to war against Iraq to build a better nation suffered personal hardship to fulfill their re- them. Our credibility as a Nation committed to there, or to bring about ‘‘improvements in . . . sponsibilities, and we continue to respect their the rule of law and our efforts in the Middle water, sewage, power, infrastructure, transpor- sacrifices. These loyal soldiers have been East in the war against terrorism are at risk. tation, telecommunications, and food security tainted by the appalling acts of a small num- Mr. PAUL. Mr. Speaker, I rise in opposition ...’’ as this resolution touts. Nor did those ber of individuals. to this resolution as written. Like so many res- who urged this war claim at the time the goals Mr. Speaker, among the most important val- olutions we have seen here on the Iraq war, were to ‘‘significantly improv[e] . . . food avail- ues that we as Americans share are our pro- this one is not at all what it purports to be. ability, health service, and educational oppor- found respect for freedom and the rule of law, Were this really a resolution condemning tunities’’ in Iraq, as this legislation also ref- our respect for the value and worth of the indi- abuse of prisoners and other detainees, I erences. No, the war essential, they claimed, vidual, and our commitment to protect and re- doubt anyone here would oppose it. Clearly to stop a nation poised to use weapons of spect human dignity. In this context, the im- the abuse and humiliation of those in custody mass destruction to inflict unspeakable harm ages that we have seen in the past few days is deplorable, and the pictures we have all against the United States. Now historical revi- were simply sickening to me. They do not rep- seen over the past week are truly horrific. sionists are pointing out how wonderful our resent our American character. They do not But why are we condemning a small group nation-building is going in Iraq, as if that justi- represent the selfless sacrifice of more than a of low-level servicemembers when we do not fies the loss of countless American and Iraqi hundred thousand American soldiers in Iraq, yet know the full story? Why are we rushing civilian lives. trying to bring a new dawn to that country to insert ourselves into an ongoing investiga- This resolution decries the fact the adminis- after decades of nightmare. tion, pretending that we already know the con- tration had not informed Congress of these On a purely personal level, I find the actions clusions when we have yet to even ask all the abuses and that the administration has not of these individuals abhorrent. On behalf of all questions? As revolting as the pictures we kept Congress in the information loop. Yet, Americans, let me express my deepest regret have seen are, they are all we have to go by, Congress made it clear to the administration and apologies to all those who were wrong- and we are reacting to these pictures alone. from the very beginning that Congress wanted fully mistreated at the hands of a few. There We do not and cannot know the full story at no responsibility for the war in Iraq. If Con- can be no excuse for these actions. Any this point, yet we jump to condemn those who gress wanted to be kept in the loop it should American should know that they are wrong. In- have not even yet had the benefit of a trial. have vigorously exercised its responsibilities deed, the Geneva Conventions adopted after We appear to be operating on the principle of from the very beginning. This means, first and the Second World War clearly prohibit this be- guilty until proven innocent. It seems conven- foremost, that Congress should have voted on havior and were accepted by virtually every ient and perhaps politically expedient to blame a declaration of war as required in the Con- nation in the world to prevent these abuses. a small group of ‘‘bad apples’’ for what may stitution. Congress, after abrogating this re- But Mr. Speaker, as everyone knows, these well turn out to be something completely dif- sponsibility in October 2002, now is com- events are not merely about wrongdoing by a ferent—as the continuously widening inves- plaining that it is in the dark. Indeed, who is few foolish and misguided individuals that tigation increasingly suggests. to say that the legal ambiguity created by the caused profound personal suffering. They Some of the soldiers in the photographs Congressional refusal to declare war may not have also damaged our credibility and crippled claim that their superior officers and the civil- have contributed to the notion that detainees our efforts to pursue critical national security ian contractors in charge of the interrogations need not be treated in accordance with the goals in the Middle East and around the world. forced them to pose this way. We cannot say Geneva Convention, that governs the treat- I welcome this resolution that we are con- with certainty what took place in Iraq’s prisons ment of prisoners during a time of war? Until sidering today, Mr. Speaker, but this resolution based on a few photographs. We have heard Congress takes up its Constitutional respon- is not enough. We must take action to be cer- that some of those soldiers put in charge of sibilities, complaints that the administration is tain that such tragic and unfortunate actions prisons in Iraq were woefully unprepared for not sufficiently forthcoming with information do not occur again. Our standing and our the task at hand. We have heard that they ring hollow. goals and objectives in the Middle East re- were thrown into a terribly confusing, stressful, This resolution calls on the administration to quire that we do more. The entire detention and dangerous situation with little training and keep Congress better informed. But Congress system in Iraq must be investigated and those little understanding of the rules and respon- has the power—and the obligation—to keep responsible for perpetrating these horrendous sibilities. What additional stresses and psycho- itself better informed! If Congress is truly inter- events must be brought to justice. logical pressures were applied by those in ested in being informed, it should hold hear- Mr. Speaker, the responsibility for this epi- charge of interrogations? We don’t know. ings—exercising its subpoena power if nec- sode is not only borne by the few who com- Does this excuse what appears to be rep- essary. Depending on the administration to ful- mitted these offenses. These events represent rehensible behavior? Not in the slightest, but fill what is our own Constitutional responsibility a failure of leadership—not only in Iraq but it does suggest that we need to get all the is once again passing the buck. Isn’t this what throughout the chain of command. We must facts before we draw conclusions. It is more has gotten us into this trouble in the first determine where and why those leadership than a little disturbing that this resolution does place? failures occurred, and take appropriate reme- not even mention the scores of civilian con- dial action. And we must also examine why it tractors operating in these prisons at whom I urge my colleagues to oppose this resolu- has taken months for this failure to be ad- numerous fingers are being pointed as instiga- tion. dressed. The initial reaction was slow and tors of these activities. While these individuals Ms. MAJETTE. Mr. Speaker, I rise today to tepid at best. These atrocities should have seem to operate with impunity, this legislation condemn torture in all of its forms. Acts of generated an immediate and powerful re- before us all but convicts without trial those abuse and torture must never be tolerated, sponse. lowest in the chain of command. and those who commit such acts must be Mr. Speaker, it is not enough to say that the But this resolution is only partly about the swiftly brought to justice. It is with great sad- Iraqi people are better off today than they alleged abuses of detainees in Iraq. Though ness and anger that I viewed the pictures of were under Saddam Hussein. It is not enough this is the pretext for the legislation, this reso- frightened, humiliated, and, in some cases, in- to say that the atrocities and human indignities lution is really just an enthusiastic endorse- jured Iraqi prisoners in Baghdad’s Abu Ghraib that were carried out by his despicable and ment of our nation-building activities in Iraq. prison. Prisoners should never be forced to detested regime were more horrendous or This resolution ‘‘expresses the continuing soli- endure such atrocious behavior, no matter more widespread than what we have seen in darity and support of the House of Represent- what the cause for their detention. The acts the last few days. We are—and we should atives . . . with the Iraqi people in building a committed on these prisoners are an injustice be—judged by a higher standard. Because of viable Iraqi government and a secure nation.’’ to the Iraqis who were victimized, the citizens our history and our commitment as a Nation to Also this resolution praises the ‘‘mission to re- of Iraq, the hundreds of thousands of U.S. sol- respect for human rights, human dignity and build and rehabilitate a proud nation after lib- diers who have served their country in Iraq so the rule of law, we must meet higher stand- erating it. . . .’’ At least the resolution is hon- honorably over the past year, and all people ards. This is who we are, and this is why we est in admitting that our current presence in who hope and pray for peace the world over. are different. Iraq is nothing more than a nation-building ex- Because of the rage these pictures have Mr. Speaker, I urge support for this resolu- ercise. generated in Iraq and across the Arab world, tion today, but more importantly, I urge our po- Further, this resolution explicitly endorses I am concerned for the safety of our brave sol- litical and military leadership to act and to act what is clearly a failed policy in Iraq. I wonder diers as they patrol the streets in Iraq, guard

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MY7.042 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2693 police stations and hospitals and work to re- women in uniform, we must make it clear to We need to insist that the Administration— build the infrastructure of the country. It is im- the international community and our own citi- all of it, not just the Secretary of the Army— portant that we recognize the honor with which zens that such actions are not our policy or take strong action to change the policies and the vast majority of our armed service mem- common practices in Iraq, and they will not be attitudes that made the abuses at Abu Ghraib bers conduct themselves. In the face of tre- tolerated under any circumstances. It is unfor- possible. And we need to insist that all those mendous danger and uncertainty, in a theater tunate that these abuses have overshadowed responsible for those policies and attitudes be fighting combatants dressed as civilians using the work of the many service members per- held accountable. indiscriminate force and even killing their own forming critical, and dangerous, missions to And that means Congress itself must do countrymen, our men and women have risked ensure a stable and safe Iraq for the newly- more than make speeches and pass resolu- their lives to protect Iraqi civilians and restore freed Iraqi people. tions. We must insist on finding out for our- pride and honor to this war-torn country. I am equally troubled by the Administration’s selves; and for those we represent—the Amer- Moving forward, military justice must be lack of attention to such abuses in Iraq and ican people. They must bear the costs—in sure and swift for those who committed these elsewhere. There is no excuse for their failure blood and treasure—for the Administration’s acts. It will be a long, difficult process to win to act swiftly to remedy this stark violation of actions in Iraq and around the world. back the trust and support of the Iraqi people, both the Geneva Convention and basic human Those costs will be made all the greater by but we must be successful if we are to accom- rights. Not only did they withhold such allega- abuses like those cited in this resolution and plish our mission in Iraq. It is essential that we tions and the subsequent investigation from the policies and attitudes that have produced do so, not just for success in Iraq, but also for Congress, but the flouting of international law them, and Congress must take an active role the global war on terrorism. We cannot win continued while those responsible went in making necessary changes. this war alone. American soldiers’ torture of unpunished. Mr. TOM DAVIS of Virginia. Mr. Speaker, I Iraqi detainees is a significant setback for our The Administration and the Pentagon must rise today to join my colleagues in support of country and the global war on terror. find those responsible and hold them account- this resolution condemning the abuse of pris- I expect decisive action from our executive able for these heinous actions. I have joined oners held in United States custody. We’ve all and military leaders to ensure that such abuse many of my colleagues in requesting that the seen the disturbing images of the unconscion- will never again occur, and to take the diplo- Military Inspector General of the Department able conduct carried out by a handful of our matic steps necessary to salvage America’s of Defense supervise the investigation of tor- men and women in uniform. A swift and thor- good name around the world. The American tured Iraqi prisoners of war, and other re- ough investigation is needed, and needed people are justifiably saddened by the waning ported violations of the Geneva Convention at now. For those responsible, justice must be of our moral authority since the days imme- Abu Ghraib Prison. In addition, I have urged swift and strong. Their conduct directly con- diately following September 11, 2001, when Attorney General Ashcroft to investigate the tradicts and undermines our mission in Iraq. the world stood with us in solidarity. If America role of private contractors in these abuses. I The world is awaiting our response. is to continue to be a force for good in the hope that thorough and open investigations We must do everything possible to reassure world, we must convincingly denounce all will allow us to hold the appropriate parties re- the world community that all those things we crimes against humanity, foreign or domestic, sponsible and ensure such behavior never oc- take as self-evident—the honor of our military, and demonstrate to the world that we are sin- curs again. our intentions in Iraq, our respect for human Mr. UDALL of Colorado. Mr. Speaker, I will cere when we decry hatred, injustice and ter- rights—remain as strong as ever. The vast vote for this resolution because I strongly ror. majority of our troops, who perform heroically agree with most of what it says. But I think its Mr. KUCINICH. Mr. Speaker, I join with my every day, are the best evidence of these te- focus is too narrow and it does not say all that fellow Members of Congress in deploring the nets. needs to be said. In the wake of this crisis, let us not lose abuse of prisoners in Iraq by U.S. personnel. The portions of the resolution calling for ac- sight of the fact that there are 138,000 Ameri- But this resolution does not go far enough. tion are addressed solely to the Secretary of cans in uniform who uphold the highest stand- It does not go far enough to ensure that a the Army. Intentionally or not, that suggests ards of professionalism every day. They do so full and complete investigation and prosecu- that the Army alone—not the Defense Depart- in the face of extreme danger and hardship. tion is undertaken. We should be opening ment as a whole, and not any other part of the We should not let the egregious acts of a very Congressional investigations, not simply rely- Administration—bears responsibility for the small group overshadow the integrity of our ing upon the Army to investigate itself. shocking abuses the resolution rightly con- It does not go far enough to demand ac- demns. soldiers nor deter our Nation from its overall countability of the top military and civilian lead- But what’s involved here is not just an Army objective of developing a democratic Iraq. ership of this fiasco in Iraq. We should de- problem. It is much bigger than that. It in- Mr. BEREUTER. Mr. Speaker, this Member mand the resignation of the Secretary of De- volves not just the armed forces but civilian is absolutely not satisfied with the language of fense, since we know that ‘‘rotten apples’’ are members of the intelligence community as well H. Res. 627, as I believe it does not ade- the fruit of a poison tree. And it’s the top lead- as civilians working for private companies quately convey how intensely this House and ership who have grown that tree—the culture under contract with the government. the American people feel about the exception- of permissiveness, disregard for the truth, and This morning’s newspapers report that ally repugnant, insensitive, and damaging the lack of accountability. President Bush has privately admonished the alleged, but obviously documented, actions of It does not go far enough to express Amer- Secretary of Defense and that the Justice De- the abusers of the Iraqi detainees are to all of ica’s regret and sorrow for the crimes com- partment is examining the involvement of Cen- us. mitted at Abu Ghraib prison, and possibly tral Intelligence Agency personnel as well as From Abu Ghraib prison, and perhaps from elsewhere. We should apologize on behalf of contract employees in suspicious deaths of elsewhere, we have reports, with photographs, the American people to the Iraqi people. detainees. graphically telling and showing the outrageous We have not begun to go far enough to ex- Clearly, the events at Abu Ghraib prison are abuses of Iraqi detainees by U.S. military per- amine the true intent and conduct of the lead- only part of a bigger picture. sonnel and possibly by military contractors. ership of this country. We have not gone far The resolution rightly complains about the The international damage to the credibility and enough to assign responsibility and demand fact that Congress was not properly informed reputation of our country and our military ab- accountability for the misinformation and of the abuses at that prison or the investiga- solutely cannot be overstated, especially in the untruths that were marshaled to lead us to tion of those abuses. But I am concerned that Arab and Islamic communities. The alleged war. We have not gone far enough to bring an this failure to inform the Congress and the actions by at least a few members of our mili- end to this unjustified war. As a result, we are American people may not have been an iso- tary, already confirmed by very recent discipli- seemingly surprised to discover, and then we lated failure but just another instance of the narian action, makes the job being done by deplore, corruption that is all too predictable Bush Administration’s standard operating pro- our dedicated and courageous military per- from this imperial misadventure. cedure. sonnel in Iraq and Afghanistan just that much Mr. LANGEVIN. Mr. Speaker, as a member In short, while this resolution is right in con- harder and much more dangerous. The ex- of the House Armed Services Committee, I demning the abuses at Abu Ghraib—and ac- traordinary gravity of this matter, the insen- rise in support of H. Res 627. Recent reports curate in saying that they are offensive to the sitivity and the degrading abuse, which has regarding the alleged abuse of Iraqi prisoners principles and values of the American peo- apparently been visited upon Iraqi detainees, by American soldiers are deeply disturbing ple—passage of this resolution, by iself, is not call for swift and just accountability. and inexcusable. While I know this outrageous an adequate response on the part of the What has allegedly happened is so foreign behavior is not characteristic of our men and House of Representatives. to our country’s principles and traditions and

VerDate May 04 2004 02:18 May 07, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MY7.052 H06PT1 H2694 CONGRESSIONAL RECORD — HOUSE May 6, 2004 those of our Armed Forces that these people these deplorable actions. An apology from the other U.S. civilians, as well as the command conducting or condoning such abuse do not President clearly was in order. structure and systemic deficiencies that con- deserve to be called Americans. If the use of I am also outraged, as all of us should be, tributed to such abuse. such tactics of physical abuse and sexual hu- that the Secretary of Defense failed to make The abuse that has occurred at Abu Ghraib miliation is not dishonorable conduct, this Congress aware of these accusations in a is the latest in a series of very serious failures Member does not know what is. If supervisors timely manner. According to news accounts, of leadership from military and civilian leaders. of such military personnel were inappropriately the Department has been aware of the infa- The President and his team were wrong about unaware or unconcerned about such conduct, mous photos, and the abuse, since at least weapons of mass destruction in Iraq. They then this is a clear case of dereliction of duty, mid-January. Yet, we only found out about were wrong about the way American soldiers and this accountability should apply several them in the last week. This is outrageous and would be greeted by the Iraqi people. They levels up the chain of command. If military unacceptable. were wrong about how much the war would contractors were involved, at a minimum, the Unfortunately, this is just one more example cost and how long it would last. And they were contracts with the firm which employed them of the Administration not playing straight with wrong about the number of soldiers necessary should be immediately terminated. the Congress or the American people. We to win the war and secure the peace. Now, in Mr. Speaker, it is hard to imagine a more have been misled about the weapons of mass light of serious human rights violations, they politically damaging set of actions, hopefully destruction, troop levels and the length of their did nothing to get to the bottom of it. This mis- by just a few individuals, for American and for deployments, and the costs associated with handling has created an international crisis coalition efforts to replace the brutal regime of the war—among others. that could set the Iraqi people against Amer- Saddam Hussein and to win the hearts and This Administration must change its way. ican efforts in the Middle East for generations. minds of the Iraqi people. We must have swift Congress deserves better and, certainly, the The President must recognize these con- accountability, justice, and a demonstration American people deserve better. sistent failures and take decisive action. that the American people repudiate such con- Mr. MATHESON. Mr. Speaker, like many I ask unanimous consent to include in to- duct and will not let it continue or happen Americans, I was outraged by the images of day’s CONGRESSIONAL RECORD a letter that I again. torture and abuse of Iraqi prisoners of war at sent to Secretary of Defense Donald Rumsfeld While the resolution fails to convey an im- Abu Ghraib Prison in Iraq. These abuses harm of February 5, along with six of my House col- portant part of what needs to be said, or is at U.S. interests in Iraq and the efforts of the co- leagues. This letter inquires about the policy of least inadequate in the aforementioned man- alition forces to foster stability in the region. It CPA forces detaining Iraqis without due proc- ner, it is probably impossible to vote against is unfortunate that the actions of a few have ess and notification to their families. I also ask this resolution without seeming to denigrate undermined the hard work and sacrifice of the unanimous consent to include the response the dedicated, courageous, and patriotic ac- thousands of men and women who have that we received from Thomas L. Carter, Sen- tions of the members of the armed forces of served in Iraq with honor and integrity. ior Counselor to Ambassador L. Paul Bremer, the United States. This Member wants our The provisions of the Geneva Convention III. Though the response is dated March 22, it armed forces to know that their extraordinary protect American soldiers when they are cap- was not received until May 3, three months service is greatly appreciated by this Member tured in battle. As a result, it is very important after my initial inquiry. This response testifies and the American people despite the horren- to ensure that we do not abuse prisoners of that the processes established ‘‘afford all per- dous conduct of a few service personnel, de- war in our keeping. sons in Coalition custody all the rights and spite the failures of command and active notifi- I believe that a prompt and thorough inves- safeguards set out in applicable International cation procedures. Therefore, this Member will tigation of this matter is necessary and the in- Humanitarian Law.’’ vote for the inadequate resolution as his only dividuals who were involved should be appro- CONGRESS OF THE UNITED STATES, choice to avoid a misunderstanding by the priately punished. I will strongly encourage Washington, DC, February 5, 2004. members of our armed forces. both my colleagues in Congress and the Hon. DONALD H. RUMSFELD, Mrs. DAVIS of California. Mr. Speaker, I rise President to disavow these acts and to pre- Office of the Secretary of Defense, in strong condemnation of the atrocious be- vent any similar transgressions in the future. The Pentagon, Washington, DC havior of a few, who have denigrated the val- DEAR SECRETARY RUMSFELD: I write to in- Mr. HOLT. Mr. Speaker, I rise to strongly quire about the policy of Coalition Provi- ues of all our armed forces. condemn the mistreatment of prisoners and I salute the overwhelming majority of Ameri- sional Authority (CPA) forces in Iraq detain- detainees in Abu Ghraib prison in Iraq. These ing Iraqis without due process and notifica- cans who have treated prisoners with respect; abuses are outrageous, deplorable, un-Amer- tion of family. their actions have gone unheralded. ican, and contrary to the values and ethics Several news outlets and international ad- Sadly, this dreadful behavior has cast a that our country espouses. The atmosphere vocacy organizations have criticized the cloak of mistrust on all our brave men and that allowed this to happen shows a level of CPA’s treatment of Iraqi detainees. I am women and could result in more lives being tolerance for abuse that is intolerable. concerned that CPA tactics designed to se- cure the region are in fact compromising the lost. The United States has suffered a blow to its Mr. Speaker, we can’t ignore the role that long-term interests of Iraqis, other inter- credibility and effort to bring democracy to the contractors and other government agencies nationals, and even the CPA. Iraqi people. Photographs showing the abuse I request your response to the following have played and their complicity in these that Iraqi prisoners and detainees have suf- concerns: What is the current procedure for crimes. fered at the hands of American personnel communication between CPA forces and the Their actions, as well as our policies, con- families of detained Iraqis? Are they able to tributed to a terrible atmosphere. damage the standing of the vast majority of U.S. troops in Iraq, who are performing with receive prompt and accurate information re- That’s why I am disappointed this body garding the health and legal status of their failed to add a clause regarding U.S. civilian honor, bravery, and professionalism. family member; and what is the status of de- contractors personnel and other U.S. civilians. The response of the Bush administration to tainees who were to be freed under the provi- We must shed light on their role and hold reports of systemic abuse has been both prob- sional release program, and have family everyone accountable. lematic and disquieting. Major General Antonio members of these detainees been kept The Attorney General and Secretary Rums- M. Taguba’s report detailing these abuses, abreast of developments? feld should publicly commit to cooperate to prepared in late February, should have been I believe that CPA forces have the moral obligation to demonstrate respectful treat- apply swift and firm justice. recognized as a serious matter. Instead, it was largely ignored. I am also disappointed that ment of detainees and, of course, the legal Ms. WATERS. Mr. Speaker, I rise today to responsibility to uphold the provisions of the voice my outrage and disappointment in the the administration chose to keep Congress Geneva Convention. Further, we must make soldiers who physically and mentally abused and the public in the dark about this situation sure that our treatment of detainees does Iraqis at the Abu Ghraib prison. until the national news media decided to run not sow the seeds of resentment by Iraqis, I do not believe that these actions represent the story last week. The administration has a subjecting CPA forces, other internationals, the character of our Armed Forces or of the responsibility to inform Congress and act deci- and Iraqis cooperating with the CPA, to United States. Unfortunately, however, these sively when volatile situations arise. great danger. soldiers, through their despicable actions, The U.S. Congress has a critical responsi- Seizing suspects in the middle of the night and leaving a bewildered, uninformed family have severely damaged the reputation of the bility to conduct thorough and bipartisan over- behind brings to my mind the ‘‘disappeared’’ United States and significantly complicated our sight investigations to ensure that those in- victims of detestable regimes around the task in the region. volved are held accountable for their actions. world in the past. No American wants to see Mr. Speaker, I am saddened that the Presi- These investigations must address possible the CPA regarded as being in any way like dent did not apologize to the Iraqi people for abuse by U.S. civilian contractor personnel or those discredited regimes.

VerDate May 04 2004 02:24 May 07, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.057 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2695 I understand the need to employ forceful lies of individuals who are detained. Under ized our credibility and our relationships with tactics in a region that is still largely inse- the former Ba’ath Party regime, individuals the people of Iraq and the international com- cure and home to many insurgents and Sad- who were taken into government custody munity. In his thoughtful column in Today’s dam Hussein loyalists. However, I am con- often simply disappeared. In stark contrast, cerned that CPA forces are not balancing the the Coalition has taken several measures to New York Times, Thomas Friedman writes, ‘‘I need to secure the region and arrest insur- ensure that Iraqi families can learn the sta- have never known a time in my life when gents with their obligation to fair treatment tus and location of individuals who have America and its President were more hated of detainees and with the need for the co- been detained by Coalition Forces. The Coa- around the world than today.’’ It is our respon- operation of the general populace in force lition maintains a list of all the individuals sibility to restore our Nation’s credibility, and I protection and eventual transition of polit- in detention, and this list is available in urge my colleagues to investigate these ical power to the people of Iraq. I look for- specified locations throughout Iraq where shocking allegations. I conclude by joining with ward to your reply. If it is necessary to families can make inquiries. The list is pub- present your response in a classified setting, lished in Arabic on the CPA website, http:// other thoughtful individuals in calling upon the I would be willing to make such arrange- iraqcoalition.org/arabic/prisoners/ Secretary of Defense to take full responsibility ments. I thank you for your cooperation index.html. The Arabic list contains the for these human rights atrocities and funda- with this matter. individuals’s name, Internment Serial Num- mental breakdown in command and to act Sincerely, ber (ISN), place of birth, address, and the honorably and resign. RUSH HOLT, place of detention. The list is as complete Member of Congress. and accurate as possible subject to the will- Mr. KIND. Mr. Speaker, the acts of abuse ROBERT WEXLER, ingness of the detained individuals to pro- against Iraqi prisoners by American service Member of Congress. vide the requested information. Work is con- members are abhorrent and sad. This is not RAU´ L GRIJALVA, tinuing with regard to the expansion of both behavior reflective of American values; it is not Member of Congress. the amount and availability of this informa- behavior that helps our cause, and it is not be- FORTNEY PETE STARK, tion to make it easier for Iraqi families to havior that will be tolerated. Thorough inves- Member of Congress. find their loved ones. tigations need to root out those responsible, DENNIS KUCINICH, Finally, you inquired about the provisional Member of Congress. release program. The Conditional Release directly and indirectly, for this unlawful conduct BARNEY FRANK, Program is ongoing, and efforts are under- no matter how high up the chain of command Member of Congress. way to make it even more effective. We con- it goes. Those responsible must be held ac- tinually strive to improve our ability to countable for their actions. keep families abreast of the status of detain- OFFICE OF THE Congress needs to be highly involved in in- SECRETARY OF DEFENSE, ees. Communications under the auspices of Washington, DC, March 22, 2004. the Conditional Release Program are but one vestigating the actions of abuse at Abu Ghraib Hon. RUSH HOLT, of many efforts in that regard. prison and the conditions and circumstances House of Representatives, Again, thank you for your letter. We ap- that led to these abuses. Reports show that Washington, DC. preciate your interest in the future of Iraq. the military was well aware of the situation DEAR MR. HOLT: Thank you for the letter Rest assured of our commitment to bring and conducting its own investigations for from you and your colleagues to Secretary peace, security, democratic values, and re- spect for human rights to the Iraqi people. months prior to the release of the photos at Donald Rumsfeld regarding individuals held Abu Ghraib now circulating through the world by Coalition Forces in Iraq. I appreciate this We have provided a copy of this letter to opportunity to respond. your colleagues, Representatives Robert media. The failure of the Administration to With regard to your question about the Wexler, Raul Grijalva, Fortney Pete Stark, keep Congress informed of the extent and se- tactics of Coalition Forces, I would note that Dennis Kucinich, and Barney Frank. riousness of prisoner abuse, and the photos International Humanitarian Law obliges an Sincerely, documenting it, is unacceptable. occupying power to restore and ensure order THOMAS L. CARTER, as far as possible, including the detention of Senior Counselor to Further, Congress must address and inves- criminals and interning individuals for im- Ambassador L. Paul Bremer, III. tigate the role of private security forces in Iraq. perative reasons of security. In addition, Co- Ms. MCCARTHY of Missouri. Mr. Speaker, I These forces, which constitute the second alition Forces continue to retain some rise today in support of H. Res. 627, a resolu- largest army in Iraq and account for over 40 Enemy Prisoners of War in custody. There tion condemning the abuse of Iraqi prisoners, percent of all contracting costs in Iraq, are out- are therefore three classes of persons in Coa- side the U.S. chain of command. The ability to lition custody: Enemy Prisoners of War, however I do so with great concern. The mis- Criminal Detainees, and Security Internees. treatment of Iraqi prisoners by members of the hold these individuals accountable for their ac- The obligations of the Coalition should be Armed Forces and civilian U.S. contractors is tions under law is questionable. viewed in the context of the conditions that shameful and inexcusable. I am outraged that We must not lose focus, however, that the exist in Iraq. The Coalition inherited a situa- these actions committed by a few reflect nega- over 300,000 U.S. military personnel who tion whereby all the prisons had been de- tively upon our Nation and the many men and have served and are serving in Iraq are doing stroyed or substantially damaged, and the women who continue to serve our Nation with entire criminal population of around 60,000 an honorable job under difficult and dangerous had been released onto the streets. Added to strength, honor and courage. We must inves- conditions. While the Department of Defense this situation is the security challenge pre- tigate these allegations and take immediate investigation into the actions and conduct of sented by the Former Regime Elements and and decisive action to reestablish our Nation’s the abuses at Abu Ghraib list a number of offi- foreign terrorists conducting criminal out- credibility and regain the trust of the Iraqi peo- cers and enlisted personnel who failed to per- rages against the Coalition and the people of ple and the world community. form their duties as required, it also notes a Iraq. Eliminating this violence and dealing I support provisions of this resolution that number of officers and enlisted personnel who with the criminal elements is a necessary deplore and condemn these events and urge step toward securing peace and freedom for acted honorably and reported abuses up the the Department of Defense to investigate chain of command. When I visited Iraq in Oc- all Iraqis. In dealing with these matters, the every report of mistreatment of all prisoners in Coalition has established processes that af- tober, 2003, I met with many honorable ford all persons in Coalition custody all the the custody of the U.S. military at all levels troops, including soldiers from western Wis- rights and safeguards set out in applicable and locations including Guantanamo and Af- consin, who were performing their mission International Humanitarian Law. ghanistan. We have a breakdown in the chain with outstanding commitment and profes- Regarding Security Internees, the proc- of command at the highest level. sionalism. The abuses at Abu Ghraib serve esses that have been established include re- We must require heightened accountability only to cloud the accomplishments and sac- view and appeal mechanisms that exceed of the senior leadership at the Department of rifices of our troops and put honorable U.S. International Humanitarian Law require- Defense and determine why there was an in- ments. Moreover, steps have recently been service members in greater danger. telligence breakdown. We need to know when taken to significantly increase the capacity Mr. Speaker, perception matters when trying and therefore the speed of the process. The Secretary Rumsfeld learned of these events, current rate of review is about one hundred why he did not take immediate action and why to execute our foreign policy and especially a cases each day. Those who are deemed to no he did not make this information available to military mission. We are dangerously losing longer be a threat to security are being re- Congress in a timely way. Above all, we must the hearts and minds of the Iraqi people and leased. With regard to Criminal Detainees, a ensure that events like these never occur the rest of the Arab world, and the abuses at massive and expensive rehabilitation effort again. the Abu Ghraib prison serve only to exacer- has resulted in the substantial transfer of Throughout our history, the United States bate this unfortunate reality. We must rein- the administration of criminal justice back has been a leader throughout the world and a force to the international community through to Iraqi authorities subject to continuing monitoring by the Coalition. strong voice for the principles of democracy, our words and our actions that the United I also noted your interest in communica- freedom, human rights and justice. The tragic States is committed to helping the Iraqi people tions between Coalition Forces and the fami- events we are addressing today have jeopard- prosper in a free society.

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MY7.068 H06PT1 H2696 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Mr. STARK. Mr. Speaker, I rise to vote no of a few have sullied the reputation of our all- prisoners at Abu Ghraib Prison Secretary on this resolution. It is right to condemn the volunteer fighting force, our mission in the Rumsfeld was briefing the Senate and made brutal and abhorrent abuse of Iraqi prisoners. larger Middle East, and the standing of the no mention of the problem. I find myself in But, this resolution is not strong enough. With- United States as a democratic, humanitarian agreement with Sen. JOHN MCCAIN of Arizona out language authorizing a full-fledged Con- Nation. that there is a lack of communication between gressional investigation into this matter, we There is simply no excuse for this inhuman the administration and the Congress when it are failing our responsibility. behavior. We are a superpower; we should be comes to the issue of Iraq. Secretary Rums- Republicans refused to allow any language setting the example, not acting like barbarians. feld is responsible for that lack of communica- to be added to this resolution providing for an I hope desperately when the investigation is tion and this resolution is evidence enough investigation into these crimes. They have lim- completed that it will expose the guilty parties, that the leadership of this Congress is cov- ited our ability to bring those responsible to each and every one, who must be punished ering for him. I join with others in calling for account for their actions. This is wrong, espe- so the world will know that this Nation finds the Secretary’s resignation. cially when our ideals have been undermined this behavior aberrant. The Washington Post is right on target and our leadership again tarnished throughout I thank Chairman HUNTER and Ranking when it said: ‘‘The Pentagon ruled that the the world. Member SKELTON for bringing this issue before United States would no longer be bound by These acts of humiliation, torture and even the House of Representatives today. This is the Geneva Convention, that Army regulations murder are outrageous. They are a shameful very much an American issue, not a partisan on the interrogation of prisoners would not be affront to the Iraqi people and those through- issue. We must demand and expect that the observed; and that many detainees would be out the Arab and Muslim World. As a Nation, people—all the people—with any responsibility held incommunicado and without any inde- we owe the victims of these acts and the Iraqi for this are punished to show the world that pendent mechanism of review.’’ people a full apology and investigation into this is not American. And we must never, This administration has mastered the art of how these abhorrent abuses were allowed to ever, put this irrational, inhuman behavior on deniability. No one has been held account- occur. the young men and women serving honorably able. It is time we hold the Secretary of De- The torture and abuse of prisoners at Abu in the uniformed service of the United States. fense to account and ask for his resignation. Ghraib prison are part of a larger systemic Mr. BLUMENAUER. Mr. Speaker, this Reso- For these reasons, I cast my vote in opposi- pattern of abuse with which this administration lution falls far short of the mark of adequately tion to this resolution. has been complicit. We know—as the Wash- expressing the concerns I’ve heard from my The SPEAKER pro tempore (Mr. ington Post reported in December, 2002—that Oregon constituents and that I have myself. Its SIMPSON). All time for debate has ex- prisoners captured in Afghanistan by the U.S. failure to include a mechanism to hold Con- pired. were transferred to other nations to be tor- gress accountable and ensure that we do our Pursuant to House Resolution 628, tured for information. We already are well ac- job is unacceptable. the resolution is considered read for quainted with the mistreatment of prisoners at While concurring with the sentiment of out- amendment, and the previous question Guantanamo Bay. This latest expose of torture rage expressed against these acts and deplor- is ordered. and abuse at the Iraqi prison is just one more ing those responsible, this Resolution is a very MOTION TO RECOMMIT OFFERED BY MR. HOYER example of heinous treatment at the hands of poor substitute for the oversight, fact-finding, Mr. HOYER. Mr. Speaker, I offer a our Government. and policy formulations that are the duties of motion to recommit. We trust in the honorable service of our this Congress. H. Res. 627 is window dress- The SPEAKER pro tempore. Is the troops. This does not reflect on the Americans ing, after the fact, and I refuse to support it. gentleman opposed to the resolution? bravely serving in Iraq. But, responsibility does Ms. KILPATRICK. Mr. Speaker, it is unfortu- Mr. HOYER. I am in its present form. lie with those at the very top of leadership and nate that I find myself opposing this resolution. The SPEAKER pro tempore. The at the feet of this President. I do so because it is only a half way measure Clerk will report the motion. The Clerk read as follows: It is time Congress launch an investigation that attempts to gloss over the scope of the to end these patterns of abuse. If Congress problem regarding the treatment of prisoners Mr. HOYER moves to recommit the resolu- tion H. Res. 627 to the Committee on Armed does not act to right this wrong, I do not trust and detainees in Iraq. Services with instructions to report the this administration will. We must condemn First of all the resolution is limited to only same back to the House forthwith with the these acts of torture and abuse. Given that the situation in Iraq when we are given to un- following amendments: this resolution completely fails to provide Con- derstand that the problem extends to the treat- POINT OF ORDER gress with the tools to initiate such investiga- ment of detainees in Afghanistan and in Guan- Mr. HUNTER (during the reading). tions, I am forced to vote no. tanamo Bay. Mr. Speaker, I make a point of order Mr. ORTIZ. Mr. Speaker, I share the revul- Second, the resolution fails to call on the that the motion contains instructions sion of my colleagues, the House of Rep- administration to provide assurances that it will not allowed under H. Res. 628. resentatives, our friends and allies around the treat all classes of detainees, prisoners and The SPEAKER pro tempore. Does the world—indeed of the entire human race—over enemy combatants to the standards estab- gentleman from Maryland wish to be the abuse of Iraqi prisoners by American sol- lished by the Geneva Convention. heard on the point of order? diers . . . or in the presence of American sol- Third, it does not call on the leadership of Mr. HOYER. I do. diers. this Congress to embark on an investigation of The SPEAKER pro tempore. The gen- We are obliged to investigate this event; it these ‘‘abhorrent’’ acts, as President Bush de- tleman from Maryland is recognized. has given our great Nation a black eye around scribed this very sad episode that has left an Mr. HOYER. Mr. Speaker, is it the the world, particularly in the Middle East indelible impression throughout the Arab contention that the rule, as presented where our efforts have been to help them find world. and as passed by the majority, prevents democracy. Fourth, the resolution seems to limit ac- the minority from offering a sub- We are a humanitarian nation and a signa- countability to those in our Armed Services, stantive substitute under the rule so tory to the Geneva Conventions. We depend principally the enlisted ranks of our Army, and that the alternative felt to be pref- on the protections the conventions offer to our exculpates those higher-level officers and civil- erable by the minority may not be own POWs . . . and we may have broken ian authorities within the chain of command. heard? Is that the condition under that assurance now. We shouldn’t need to Fifth, the resolution says nothing about in- which the rule places the minority? train our soldiers in basic humanity; the other vestigating civilian, private military firms The SPEAKER pro tempore. The 99.9 percent of our soldiers know this is inhu- (PMFs) who are working under contract with point of order is that the motion in- man behavior. If not for an American soldier the Coalition Provisional Authority (CPA). The cludes instructions. burdened by conscience we might not know CPA has relied on PMFs to perform security Mr. HOYER. I understand that, Mr. this today. functions that are normally performed by U.S. Speaker. My question is, does that pre- This is not a reflection of our professional military personnel, including logistical support, clude us, therefore, from offering an al- military—it’s an aberration. The action of the interrogation of prisoners, convoy security, ternative that gives an alternative pro- soldiers who have candidly come forward— guarding vital facilities and personnel, and posal to have that proposal be consid- even at the expense of their own careers—are more. ered on the floor? the example of our professional military, and Sixth, the resolution fails to hold Defense The SPEAKER pro tempore. Under of the high standards democracy demands Secretary Donald Rumsfeld accountable. The House Resolution 628, the motion may from those who serve in uniform. The actions day the story broke about the abuses of Iraqi not contain instructions.

VerDate May 04 2004 02:24 May 07, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.071 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2697 Mr. HOYER. I thank the Speaker. He ing in Operation Iraqi Freedom at least 3,767 RECORDED VOTE has answered my question. Purple Hearts, as well as thousands of com- Mr. HUNTER. Mr. Speaker, I demand I withdraw my reservation because, mendations for valor, including at least 4 a recorded vote. Distinguished Service Crosses, 127 Silver under the rule, we have been gagged. A recorded vote was ordered. The SPEAKER pro tempore. The Stars, and over 16,000 Bronze Stars: Now, therefore, be it Pursuant to clause 8 of rule XX, this Chair is prepared to rule. 15-minute vote on adoption of H. Res. Although the Chair ordinarily would Strike all after the resolving clause and in- 627 will be followed by 5-minute votes await the reading in full before broach- sert the following: on the motions to suspend the rules ing a question of order, the Chair is That the House of Representatives— and adoption of House concurrent reso- uniquely responsible to intervene in (1) strenuously deplores and condemns the lutions 326 and 398. the present circumstances. abuse of persons in United States custody in The Chair finds that the motion in- Iraq, regardless of the circumstances of their The vote was taken by electronic de- cludes instructions, in unambiguous detention; vice, and there were—ayes 365, noes 50, (2) reaffirms the American principle that not voting 19, as follows: contravention of House Resolution 628. any and all individuals under the custody [Roll No. 150] Therefore, the motion is not in order as and care of the United States Armed Forces a matter of form and without regard to shall be afforded proper and humane treat- AYES—365 its content. ment; Ackerman Davis (CA) Holden The point of order is sustained. (3) urges the Secretary of Defense to con- Aderholt Davis (FL) Holt Akin Davis (IL) Honda PARLIAMENTARY INQUIRY duct a full and thorough investigation into Alexander Davis (TN) Hooley (OR) Mr. HOYER. Mr. Speaker, I have a any and all allegations of mistreatment or abuse of detainees in Iraq; Allen Davis, Tom Hostettler parliamentary inquiry. (4) urges the Secretary of Defense to en- Andrews Deal (GA) Houghton The SPEAKER pro tempore. The gen- Bachus DeFazio Hulshof sure that corrective actions are taken to ad- Baird DeGette Hunter tleman will state it. dress chain of command deficiencies and the Baker Delahunt Hyde Mr. HOYER. That means not only systemic deficiencies identified in the inci- Baldwin DeLauro Isakson can it not be considered on the floor, dents in question; Ballance DeLay Israel but it cannot even be disclosed to the (5) urges the Secretary of Defense to bring Ballenger Deutsch Issa Members? to swift justice any member of the Armed Barrett (SC) Diaz-Balart, L. Istook Forces who has violated the Uniform Code of Bartlett (MD) Diaz-Balart, M. Jackson (IL) The SPEAKER pro tempore. The gen- Barton (TX) Dicks Jefferson tleman may enter the motion into the Military Justice to ensure that their actions Bass Dingell Johnson (CT) do not further impugn the integrity of the RECORD by unanimous consent. Beauprez Doggett Johnson (IL) United States Armed Forces or further un- Becerra Dooley (CA) Johnson, E. B. Mr. HOYER. Mr. Speaker, I ask dermine the United States mission in Iraq; Bell Doolittle Johnson, Sam unanimous consent to enter the motion (6) urges the Attorney General to bring to Bereuter Doyle Jones (NC) into the RECORD. swift justice any United States civilian con- Berkley Dreier Kanjorski The SPEAKER pro tempore. Is there tractor or other United States civilian whose Berman Duncan Keller Berry Dunn Kelly objection to the request of the gen- conduct in connection with the treatment of Biggert Edwards Kennedy (MN) tleman from Maryland? detainees in Iraq is in violation of law so to Bilirakis Ehlers Kennedy (RI) There was no objection. ensure that their actions do not further un- Bishop (GA) Emanuel Kildee Bishop (NY) Emerson Kind Strike the preamble and insert the fol- dermine the United States mission in Iraq; (7) affirms the need for bipartisan congres- Bishop (UT) Engel King (IA) lowing: Blackburn English King (NY) Whereas the American people and the sional investigations to be conducted imme- diately into these allegations of abuse, in- Boehlert Eshoo Kingston world abhor the abuses inflicted upon detain- Boehner Etheridge Kirk ees at the Abu Ghraib prison in Baghdad; cluding allegations of abuse by United States Bonilla Evans Kleczka Whereas the investigation by the United civilian contractor personnel or other United Bonner Everett Kline States Central Command has identified prob- States civilians, and into the chain of com- Boozman Farr Knollenberg Boswell Feeney Kolbe lems of leadership, chain of command, and mand and other systemic deficiencies, in- cluding the command atmosphere that con- Boucher Ferguson LaHood training that contributed to the instances of Bradley (NH) Filner Lampson abuse; tributed to such abuse; (8) reaffirms the need for Congress to be Brady (PA) Flake Langevin Whereas the Congress was not adequately Brady (TX) Foley Lantos informed of the existence, or the seriousness, frequently updated on the status of efforts Brown (SC) Forbes Larsen (WA) of those abuses or of the investigation of by the Department of Defense to address and Brown, Corrine Ford Larson (CT) those abuses until after they had been dis- resolve issues identified in this resolution; Brown-Waite, Fossella LaTourette Ginny Franks (AZ) Leach closed in the national media; (9) expresses the deep appreciation of the Nation to the courageous and honorable Burgess Frelinghuysen Levin Whereas such abuses are offensive to the Burns Frost Lewis (CA) principles and values of the American people members of the Armed Forces who have self- lessly served, or who are currently serving, Burr Gallegly Linder and the United States military, are incom- Burton (IN) Garrett (NJ) Lipinski patible with the professionalism, dedication, in Operation Iraqi Freedom; Buyer Gephardt LoBiondo standards and training required of individ- (10) declares that the alleged crimes of Calvert Gerlach Lofgren uals who serve in the United States military, some individuals should not detract from the Camp Gibbons Lowey Cannon Gilchrest Lucas (KY) and contradict the policies, orders, and laws commendable sacrifices of over 300,000 mem- bers of the United States Armed Forces who Cantor Gillmor Lucas (OK) of the United States and the United States Capito Gingrey Lynch military and undermine the ability of the have served, or who are serving, in Operation Iraqi Freedom; Capps Gonzalez Majette United States military to achieve its mission Capuano Goode Maloney in Iraq; (11) expresses the support and thanks of Cardin Goodlatte Manzullo Whereas the vast majority of members of the Nation to the families and friends of the Cardoza Gordon Marshall the Armed Forces have upheld the highest soldiers, Marines, airmen, sailors, and Coast Carson (IN) Goss Matheson Carson (OK) Granger Matsui possible standards of professionalism and Guardsmen who have served, or who are serving, in Operation Iraqi Freedom; and Carter Graves McCarthy (MO) morality in the face of terrorist attacks and Case Green (TX) McCarthy (NY) other attempts on their lives; (12) expresses the continuing solidarity and support of the House of Representatives and Castle Green (WI) McCotter Whereas members of the Armed Forces Chabot Gutknecht McInnis have planned and conducted, frequently at the American people for the efforts of the Chandler Hall McIntyre great peril and cost, military operations in a United States with the Iraqi people in build- Chocola Harman McKeon manner carefully intended to prevent or ing a viable Iraqi government and a secure Clay Harris McNulty nation. Coble Hart Meehan minimize injury to Iraqi civilians and prop- Cole Hastert Menendez erty; Mr. HOYER. Mr. Speaker, I appeal Collins Hastings (WA) Mica Whereas over 138,000 members of the the ruling of the Chair. Cooper Hayes Michaud United States Armed Forces serving in Iraq, Costello Hayworth Miller (FL) a total force comprised of active, National Mr. Speaker, I withdraw the appeal. Cramer Hefley Miller (MI) Guard, and Reserve personnel, are executing The SPEAKER pro tempore. The Crane Hensarling Miller (NC) with courage and skill a mission to rebuild Crenshaw Herger Miller, Gary question is on the resolution. Crowley Hill Moore and rehabilitate Iraq and return the Govern- The question was taken; and the Cubin Hinojosa Moran (KS) ment of Iraq to the Iraqi people; and Culberson Hobson Moran (VA) Whereas the Department of Defense has Speaker pro tempore announced that Cunningham Hoeffel Murphy awarded members of the Armed Forces serv- the ayes appeared to have it. Davis (AL) Hoekstra Murtha

VerDate May 04 2004 02:24 May 07, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.085 H06PT1 H2698 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Musgrave Rogers (AL) Stenholm ANNOUNCEMENT BY THE SPEAKER Istook Moore Schrock Myrick Rogers (KY) Stupak PRO TEMPORE Jackson (IL) Moran (KS) Scott (GA) Nadler Rogers (MI) Sullivan Jackson-Lee Moran (VA) Scott (VA) Napolitano Rohrabacher Sweeney The SPEAKER pro tempore (Mr. (TX) Murphy Sensenbrenner Neal (MA) Ros-Lehtinen Tancredo SIMPSON). Pursuant to clause 8 of rule Jefferson Murtha Serrano Nethercutt Ross Johnson (CT) Musgrave Tanner XX, the remainder of this series of Sessions Neugebauer Rothman Tauscher Johnson (IL) Myrick Shadegg Ney Roybal-Allard Taylor (MS) votes will be conducted as 5-minute Johnson, E. B. Nadler Shaw Northup Royce Taylor (NC) votes. Johnson, Sam Napolitano Shays Norwood Ruppersberger Terry Jones (NC) Nethercutt Sherman Nunes Rush f Jones (OH) Neugebauer Sherwood Nussle Ryan (WI) Thomas Kanjorski Ney Shimkus Obey Ryun (KS) Thompson (CA) Kaptur Northup Shuster Ortiz Sa´ nchez, Linda Thompson (MS) EXPRESSING SENSE OF CONGRESS Thornberry REGARDING ARBITRARY DETEN- Keller Norwood Simmons Osborne T. Kelly Nunes Tiahrt Simpson Ose Sanchez, Loretta TION OF DR. WANG BINGZHANG Kennedy (MN) Nussle Tiberi Skelton Otter Sanders Kennedy (RI) Oberstar Tierney The SPEAKER pro tempore. The un- Slaughter Pascrell Sandlin Kildee Obey Pastor Saxton Toomey finished business is the question of sus- Smith (MI) Kilpatrick Olver Smith (NJ) Pearce Schiff Turner (OH) Kind Ortiz pending the rules and agreeing to the Smith (TX) Pence Schrock Turner (TX) King (IA) Osborne Peterson (MN) Scott (GA) concurrent resolution, H. Con. Res. 326. Smith (WA) Udall (CO) King (NY) Ose Peterson (PA) Scott (VA) Snyder Udall (NM) The Clerk read the title of the con- Kingston Otter Petri Sensenbrenner Souder Upton current resolution. Kirk Owens Pickering Sessions Spratt Van Hollen The SPEAKER pro tempore. The Kleczka Pallone Pitts Shadegg Stark Visclosky Kline Pascrell Platts Shaw question is on the motion offered by Vitter Knollenberg Pastor Stearns Pombo Shays Walden (OR) the gentleman from Indiana (Mr. BUR- Kolbe Paul Stenholm Pomeroy Sherman Walsh TON) that the House suspend the rules Kucinich Payne Strickland Porter Sherwood Wamp LaHood Pearce Stupak Portman Shimkus and agree to the concurrent resolution, Weiner Lampson Pelosi Sullivan Price (NC) Shuster H. Con. Res. 326, on which the yeas and Weldon (FL) Sweeney Pryce (OH) Simmons Langevin Pence Weldon (PA) nays are ordered. Lantos Peterson (MN) Tancredo Putnam Simpson Tanner Quinn Skelton Weller This will be a 5-minute vote. Larsen (WA) Petri Tauscher Radanovich Slaughter Wexler The vote was taken by electronic de- Larson (CT) Pickering Taylor (MS) Rahall Smith (MI) Whitfield LaTourette Pitts vice, and there were—yeas 399, nays 0, Taylor (NC) Ramstad Smith (NJ) Wicker Leach Platts not voting 34, as follows: Terry Regula Smith (TX) Wilson (NM) Lee Pombo Rehberg Smith (WA) Wolf [Roll No. 151] Levin Pomeroy Thomas Lewis (CA) Porter Thompson (CA) Renzi Snyder Wu YEAS—399 Reyes Souder Wynn Lewis (GA) Portman Thompson (MS) Reynolds Spratt Young (AK) Abercrombie Castle Flake Linder Price (NC) Thornberry Rodriguez Stearns Young (FL) Ackerman Chabot Foley Lipinski Pryce (OH) Tiahrt Aderholt Chandler Forbes LoBiondo Putnam Tiberi NOES—50 Akin Chocola Ford Lofgren Quinn Tierney Alexander Clay Fossella Lowey Radanovich Toomey Abercrombie Kilpatrick Payne Allen Clyburn Frank (MA) Lucas (KY) Rahall Blumenauer Kucinich Towns Pelosi Andrews Coble Franks (AZ) Lucas (OK) Ramstad Brown (OH) Lee Turner (OH) Rangel Bachus Cole Frelinghuysen Lynch Rangel Clyburn Lewis (GA) Udall (CO) Ryan (OH) Baird Collins Frost Majette Regula Conyers Markey Udall (NM) Sabo Baker Conyers Gallegly Maloney Rehberg Cummings McCollum Upton Schakowsky Baldwin Cooper Garrett (NJ) Manzullo Renzi Fattah McDermott Van Hollen Serrano Ballance Costello Gerlach Markey Reynolds Frank (MA) McGovern Vela´ zquez Stark Barrett (SC) Cox Gibbons Marshall Rodriguez Grijalva Meek (FL) Visclosky Strickland Bartlett (MD) Cramer Gilchrest Matheson Rogers (AL) Gutierrez Millender- Vitter Towns Barton (TX) Crane Gillmor Matsui Rogers (KY) Hastings (FL) McDonald Walden (OR) Vela´ zquez Bass Crenshaw Gingrey McCarthy (MO) Rogers (MI) Hinchey Miller, George Walsh Waters Beauprez Crowley Gonzalez McCarthy (NY) Rohrabacher Hoyer Mollohan Wamp Becerra Cubin Goode McCotter Ros-Lehtinen Inslee Oberstar Watson Waters Watt Bell Culberson Goodlatte McDermott Ross Jackson-Lee Olver Bereuter Cummings Gordon Watson Waxman McGovern Rothman (TX) Owens Berman Cunningham Goss Watt Woolsey McInnis Roybal-Allard Jones (OH) Pallone Berry Davis (AL) Granger Waxman Kaptur Paul McIntyre Royce Biggert Davis (CA) Graves McKeon Ruppersberger Weiner Bilirakis Davis (FL) Green (TX) Weldon (FL) NOT VOTING—19 Meehan Rush Bishop (GA) Davis (IL) Green (WI) Meek (FL) Ryan (OH) Weldon (PA) Baca Greenwood Meeks (NY) Bishop (NY) Davis (TN) Grijalva Menendez Ryan (WI) Weller Blunt Jenkins Oxley Bishop (UT) Davis, Tom Gutierrez Mica Ryun (KS) Wexler Bono John Solis Blackburn Deal (GA) Gutknecht Michaud Sabo Whitfield Boyd Latham Tauzin Blumenauer DeFazio Hall Millender- Sa´ nchez, Linda Wicker Cox Lewis (KY) Wilson (SC) Boehlert DeGette Harman McDonald T. Wilson (NM) Davis, Jo Ann McCrery Bonilla DeLauro Harris Miller (FL) Sanchez, Loretta Wolf Bonner DeLay DeMint McHugh Hart Miller (MI) Sanders Woolsey Boozman Deutsch Hastings (FL) Miller (NC) Sandlin Wu ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boswell Diaz-Balart, L. Hayes Miller, Gary Saxton Wynn Boucher Diaz-Balart, M. Hayworth Miller, George Schakowsky Young (AK) The SPEAKER pro tempore (Mr. Bradley (NH) Dicks Hefley Mollohan Schiff Young (FL) SIMPSON) (during the vote). Members Brady (PA) Dingell Hensarling Brown (OH) Doggett Herger are advised that 2 minutes remain in NOT VOTING—34 this vote. Brown (SC) Dooley (CA) Hill Brown, Corrine Doolittle Hinchey Baca DeMint McNulty Brown-Waite, Dreier Hinojosa Ballenger Doyle Meeks (NY) b 1505 Ginny Duncan Hobson Berkley Gephardt Neal (MA) Burns Dunn Hoeffel Blunt Greenwood Oxley Messrs. GUTIERREZ, SABO and Burr Edwards Hoekstra Boehner Hastings (WA) Peterson (PA) Burton (IN) Ehlers Holden Bono Jenkins Reyes STRICKLAND changed their vote from Calvert Emanuel Holt Boyd John Solis ‘‘aye’’ to ‘‘no.’’ Camp Emerson Honda Brady (TX) Latham Tauzin Cannon Engel Hooley (OR) Burgess Lewis (KY) Mr. ANDREWS and Mr. JACKSON of Turner (TX) Cantor English Hostettler Buyer McCollum Illinois changed their vote from ‘‘no’’ Wilson (SC) Capito Eshoo Houghton Davis, Jo Ann McCrery to ‘‘aye.’’ Capps Etheridge Hoyer Delahunt McHugh So the resolution was agreed to. Capuano Evans Hulshof Cardin Everett Hunter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Cardoza Farr Hyde as above recorded. Carson (IN) Fattah Inslee The SPEAKER pro tempore (during Carson (OK) Feeney Isakson A motion to reconsider was laid on Carter Ferguson Israel the vote). Members are advised 2 min- the table. Case Filner Issa utes remain in this vote.

VerDate May 04 2004 02:24 May 07, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.048 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2699 b 1513 Hall McCarthy (MO) Ryan (OH) Gutierrez McCrery Solis Harman McCarthy (NY) Ryan (WI) Hastings (WA) McHugh Spratt So (two-thirds having voted in favor Harris McCotter Ryun (KS) Hunter McNulty Tauzin thereof) the rules were suspended and Hart McGovern Sabo Jenkins Meeks (NY) Turner (TX) the concurrent resolution was agreed Hastings (FL) McInnis Sa´ nchez, Linda John Neal (MA) Wilson (SC) Hayes McIntyre T. Latham Oxley Young (FL) to. Hayworth McKeon Sanchez, Loretta Lewis (KY) Peterson (PA) The result of the vote was announced Hefley Meehan Sanders McCollum Reyes as above recorded. Hensarling Meek (FL) Sandlin Herger Menendez Saxton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE A motion to reconsider was laid on Hill Mica Schakowsky The SPEAKER pro tempore (Mr. the table. Hinojosa Michaud Schiff SIMPSON) (during the vote). Members Hobson Millender- Ms. SOLIS. Mr. Speaker, during rollcall vote Schrock are advised 2 minutes remain in this No. 151 on H. Con. Res. 326—Detention of Hoeffel McDonald Scott (GA) Hoekstra Miller (FL) Scott (VA) vote. Dr. Wang Bingzhang—PRC, I was unavoid- Holden Miller (MI) Sensenbrenner ably detained. Had I been present, I would Holt Miller (NC) Sessions b 1519 Honda Miller, Gary have voted ‘‘yea.’’ Shadegg Mr. CONYERS changed his vote from Hooley (OR) Moore Shaw Hostettler Moran (KS) ‘‘present’’ to ‘‘nay.’’ f Shays Houghton Moran (VA) Sherman Mr. MOLLOHAN changed his vote from Hoyer Murphy Sherwood ‘‘yea’’ to ‘‘present.’’ EXPRESSING CONCERN OF CON- Hulshof Murtha Shimkus So (two-thirds having voted in favor GRESS OVER IRAN’S DEVELOP- Hyde Musgrave Shuster Inslee Myrick Simmons thereof) the rules were suspended and MENT OF MEANS TO PRODUCE Isakson Nadler NUCLEAR WEAPONS Simpson the concurrent resolution was agreed Israel Napolitano Skelton to. Issa Nethercutt Slaughter The SPEAKER pro tempore. The un- Istook Neugebauer The result of the vote was announced finished business is the question of sus- Smith (MI) Jackson (IL) Ney Smith (NJ) as above recorded. pending the rules and agreeing to the Jackson-Lee Northup Smith (TX) A motion to reconsider was laid on (TX) Norwood concurrent resolution, H. Con. Res. 398. Smith (WA) Jefferson Nunes the table. Snyder The Clerk read the title of the con- Johnson (CT) Nussle Souder f current resolution. Johnson (IL) Oberstar Stearns Johnson, E. B. Obey The SPEAKER pro tempore. The Stenholm PERSONAL EXPLANATION Johnson, Sam Olver Strickland question is on the motion offered by Jones (NC) Ortiz Mr. OXLEY. Mr. Speaker, during today’s Stupak the gentleman from Indiana (Mr. BUR- Jones (OH) Osborne Sullivan rollcall votes on H. Res. 627, H. Con. Res. Kaptur Ose TON) that the House suspend the rules Sweeney Keller Otter 326, and H. Con. Res. 398, I was en route to and agree to the concurrent resolution, Tancredo Kelly Owens my congressional district for official business. H. Con. Res. 398, on which the yeas and Kennedy (MN) Pallone Tanner Had I been present, I would have voted in nays are ordered. Kennedy (RI) Pascrell Tauscher Taylor (MS) favor of each of these resolutions. This will be a 5-minute vote. Kildee Pastor Kilpatrick Payne Taylor (NC) f The vote was taken by electronic de- Kind Pearce Terry vice, and there were—yeas 376, nays 3, King (IA) Pelosi Thomas LEGISLATIVE PROGRAM answered ‘‘present’’ 14, not voting 40, King (NY) Pence Thompson (CA) Thompson (MS) (Mr. HOYER asked and was given as follows: Kingston Peterson (MN) Kirk Petri Thornberry permission to address the House for 1 [Roll No. 152] Kleczka Pickering Tiahrt minute and to revise and extend his re- Tiberi YEAS—376 Kline Pitts marks.) Knollenberg Platts Tierney Abercrombie Buyer Dicks Kolbe Pombo Toomey Mr. HOYER. Mr. Speaker, I rise to Ackerman Calvert Dingell LaHood Pomeroy Towns inquire of the majority leader the Aderholt Camp Doggett Lampson Porter Turner (OH) schedule for next week. Akin Cannon Dooley (CA) Langevin Portman Udall (CO) Alexander Cantor Doolittle Lantos Price (NC) Udall (NM) Mr. DELAY. Mr. Speaker, will the Allen Capito Dreier Larsen (WA) Pryce (OH) Upton gentleman yield? Andrews Capps Duncan Larson (CT) Putnam Van Hollen Mr. HOYER. I yield to the gentleman Bachus Cardin Dunn ´ LaTourette Quinn Velazquez from Texas. Baird Cardoza Edwards Leach Radanovich Visclosky Baker Carson (IN) Ehlers Levin Ramstad Vitter Mr. DELAY. Mr. Speaker, next week Baldwin Carson (OK) Emanuel Lewis (CA) Rangel Walden (OR) the House will convene on Tuesday at Ballance Carter Emerson Lewis (GA) Regula Walsh 12:30 p.m. for morning hour debates and Barrett (SC) Case Engel Linder Rehberg Wamp Bartlett (MD) Castle English Lipinski Renzi Watt 2 p.m. for legislative business. We will Barton (TX) Chabot Eshoo LoBiondo Reynolds Waxman consider several measures under sus- Bass Chandler Etheridge Lofgren Rodriguez Weiner pension of the rules. A final list of Beauprez Chocola Evans Lowey Rogers (AL) Weldon (FL) those bills will be sent to Members’ of- Becerra Clay Everett Lucas (KY) Rogers (KY) Weldon (PA) Bell Clyburn Fattah Lucas (OK) Rogers (MI) Weller fices by the end of this week. Any votes Bereuter Coble Ferguson Lynch Rohrabacher Wexler called on these measures will be rolled Berman Collins Flake Majette Ros-Lehtinen Whitfield until 6:30 p.m. on Tuesday. Berry Cooper Foley Maloney Ross Wicker Biggert Costello Forbes Manzullo Rothman Wilson (NM) For Wednesday and the balance of Bilirakis Cox Ford Markey Roybal-Allard Wolf the week, we plan to consider several Bishop (GA) Cramer Fossella Marshall Royce Wu bills that address the impact of health Bishop (NY) Crane Frank (MA) Matheson Ruppersberger Wynn care costs and American job creation Bishop (UT) Crenshaw Franks (AZ) Matsui Rush Young (AK) Blackburn Crowley Frelinghuysen and economic prosperity: H.R. 7249, Blumenauer Cubin Frost NAYS—3 flexible spending accounts; H.R. 4280, Boehlert Culberson Gallegly Conyers Kucinich Paul Bonilla Cummings Garrett (NJ) medical liability reform; and H.R. 4281, Bonner Cunningham Gerlach ANSWERED ‘‘PRESENT’’—14 association health plans. Boozman Davis (AL) Gibbons In addition, we will also consider Boswell Davis (CA) Gilchrest Capuano McDermott Stark H.R. 4275, which would permanently ex- Boucher Davis (FL) Gillmor Filner Miller, George Waters Bradley (NH) Davis (IL) Gingrey Hinchey Mollohan Watson tend the 10 percent individual income Brady (PA) Davis (TN) Gonzalez Kanjorski Rahall Woolsey tax bracket. Brady (TX) Davis, Tom Goode Lee Serrano Finally, I would like to remind all Brown (OH) Deal (GA) Goodlatte Brown (SC) DeFazio Gordon NOT VOTING—40 Members that we do expect to have Brown, Corrine DeGette Goss Baca Boyd Doyle votes next Friday, May 14. Brown-Waite, DeLauro Graves Ballenger Burgess Farr Mr. Speaker, I would be happy to an- Ginny DeLay Green (TX) Berkley Cole Feeney swer any questions. Burns Deutsch Green (WI) Blunt Davis, Jo Ann Gephardt Burr Diaz-Balart, L. Grijalva Boehner Delahunt Granger Mr. HOYER. Mr. Speaker, I thank Burton (IN) Diaz-Balart, M. Gutknecht Bono DeMint Greenwood the gentleman for the information.

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.090 H06PT1 H2700 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Mr. Leader, you have listed for next Mr. HOYER. Mr. Speaker, reclaiming tion. Nothing could be further from the week legislation regarding the 10 per- my time, although we have considered truth. This leader asked the chairman cent tax bracket expansion. Is it safe them before, you are not sure whether of the Committee on Armed Services to to assume the bill will not be consid- they are going to be in exactly the write a resolution on an event that ered in the Committee on Ways and same form as when they last passed the started 1 week ago, so we could not do Means, but will come directly to the House last year? it much sooner than this week. floor instead, just as was the case with Mr. DELAY. If the gentleman would At the beginning of this week, we the AMT bill last week and the mar- yield, ‘‘exactly’’ is too stringent a word asked the Committee on Armed Serv- riage penalty bill the week before that? for me to answer. Exactly, I do not ices to write a resolution and admon- Mr. DELAY. That is correct. know. I am advised that these two bills ished the chairman to reach out to the Mr. HOYER. Will we be able to offer have passed the House floor and are Democrats and the ranking member in a substitute as we have in the past? substantially the same. order to write that resolution. The Mr. DELAY. If the gentleman will Mr. HOYER. Mr. Speaker, reclaiming staff and the gentleman from Missouri continue to yield, I think we have dem- my time, I thank the gentleman for his (Mr. SKELTON) and the gentleman from onstrated on these bills as we move comments. Before yielding back my California (Mr. HUNTER) worked dili- along, the Committee on Rules has time and with the leader on the floor, gently together and came up with a been very gracious in allowing sub- Mr. Leader, I have said this before, I draft yesterday that was sent to legis- stitutes, but I do not want to assume mean it as sincerely as I can say it: lative counsel. That draft was given or influence the Committee on Rules as this side of the aisle intends to partici- then to the leadership, to the minority to what they may or may not do. pate to the extent we are allowed in a leader’s office, to the Speaker’s office, Mr. HOYER. I appreciate the gentle- bipartisan way to put forth and en- and to my office for consultation. man’s observation. However, I might hance the interests of this country. The minority leader’s office came say that we believe fair is not gracious, There are many of us on this side of back and wanted to eliminate two but fair and appropriate. the aisle who are supportive of our ef- clauses in the resolution. I would be We appreciate their graciousness forts in Iraq. We now have had, unfor- glad to read the gentleman the clauses from time to time. I am trying to re- tunately, two instances, the instance they wanted to eliminate, and it was member when that last happened. We we just dealt with today and the in- very surprising to us that the minority appreciate the fact that it has been stance of support of the troops some leader wanted to remove two clauses done and hope it will continue to be weeks ago, in which essentially this congratulating the good work done by done. side of the aisle was not included in our troops in Iraq, and the minority Am I correct in assuming that the those deliberations. This is not an leader wanted to add an additional week after next the child tax credit issue about process. It is an issue about clause that had nothing to do with the will be on the floor? substance because substantively we tone or the substance of the resolution. Mr. DELAY. Mr. Speaker, I did not want to project to the world the una- We rejected adding a clause that had hear the gentleman. nimity that you have indicated on the nothing to do with the tone or sub- Mr. HOYER. Mr. Speaker, we are floor you would like to effect as well. stance of the resolution and offered to going to do the 10 percent bracket next In light of that, Mr. Leader, I would remove the two clauses that they had week. Would it be safe to assume the respectfully request that as we con- objections to. That is when they week following we will do the child tax sider issues of great importance and walked away from the table, asked the credit? gravity as it relates to the prosecution ranking member to remove his name Mr. DELAY. That is correct. It is safe of our efforts in fighting terrorism and from the resolution, and that is the to assume that. in Iraq, efforts which we ought to be resolution that came to the floor. Mr. HOYER. With respect to the as- united on notwithstanding our dif- I do not know how much more bipar- sociated health plans, the medical mal- ferences in terms of implementation tisan we can get than that. Unfortu- practice, and the flexible savings ac- and success of our troops and our ob- nately, some people’s definition of bi- count bills, can you tell us what proce- jectives, that you and the leaders on partisan is to buy into our partisanship dures will be employed for consider- your side of the aisle give us the time or we will go home and not negotiate. ation of these three bills? and the opportunity to be included so That is exactly what happened in this Mr. DELAY. Mr. Speaker, I just had that they may in fact be, notwith- process. If the gentleman has another brief consultations with the chairman standing the votes, but in actuality be way of reaching out and working to- of the Committee on Rules, and he is bipartisan. I thank the gentleman for gether where we can come to some res- inclined to recommend to his com- consideration of that. olution, than I am more than open to mittee that the amendments to these We have been disappointed that that working out a way to get these very bills be in the nature of a substitute. has not occurred. We have lamented important resolutions, as the gen- Mr. HOYER. Mr. Leader, can you tell that fact on numerous pieces of legisla- tleman says, to the floor in a bipar- me whether these bills will be in ex- tion. We do not believe it is in the best tisan way. actly the same form as they were when interest of the American public; but But I also point out to the gentleman they passed the House last year. when we are dealing with domestic that only 50 Members of this House, in- Mr. DELAY. I am afraid I cannot an- issues, that is not as important. But it cluding the minority leader and the swer that question. I have not read as is critically important in dealing with gentleman voted against this resolu- of yet those three bills, so I cannot an- the issues of international policy of our tion; 365 Members voted for this resolu- swer that question as compared to bills troops abroad, their safety, security, tion, and I call that bipartisan. from last year. and the support we give to them. So we Mr. HOYER. Mr. Speaker, reclaiming Mr. HOYER. Mr. Leader, can you call would urge that those items perhaps be my time, I will take a back seat to no me when you do read them. treated more sensitively as it relates one. You, Mr. Leader, the gentleman Mr. Leader, would it be fair, and I see to the interests of the minority and the from California (Mr. HUNTER), or any- the chairman is on the floor, would it role of the minority in forging those body else in this House on support of be fair to assume that these bills will resolutions and policy statements. I the troops, support of our efforts, and not be considered in committee again? appreciate the majority leader’s con- support of this country, period. But we Mr. DELAY. Mr. Speaker, if the gen- sideration of that request. do see things differently, Mr. Leader. tleman would continue to yield, that is Mr. DELAY. Mr. Speaker, will the I think I have a reputation in this correct. I am under the impression that gentleman yield? body of being able to work in a bipar- H.R. 4279, the flexible spending ac- Mr. HOYER. I yield to the gentleman tisan fashion with the speaker, with counts bill, has been considered in from Texas. the gentleman from Ohio (Mr. NEY) committee. But medical liability and Mr. DELAY. Mr. Speaker, the gen- with whom I worked as ranking mem- the association health plan bills are tleman sees it a little differently than ber on the Committee on House Admin- bills that we have passed in this House I do. The gentleman says there was no istration, with the gentleman from before. consultation on this particular resolu- Missouri (Mr. BLUNT), and with others.

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.093 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2701 b 1530 staff and the leaders, and then that is DISPENSING WITH CALENDAR And, yes, Mr. Leader, with you on when the leader wanted to eliminate WEDNESDAY BUSINESS ON some very issues of great importance two clauses and insert another clause. WEDNESDAY NEXT to this institution. And I continue to We agreed to eliminate the two Mr. DELAY. Mr. Speaker, I ask unan- be in that posture, but, yes, we do see clauses. We did not agree to insert the imous consent that the business in it differently. The leader got, at 10 p.m. third clause, and that is when negotia- order under the Calendar Wednesday last night, the opportunity to review tion and bipartisanship, which, by the rule be dispensed with on Wednesday this in a meaningful way way, that only 50 voted against the res- next. Mr. DELAY. Mr. Speaker, will the olution, broke down. The SPEAKER pro tempore. Is there gentleman yield? Evidently 365 Members thought it objection to the request of the gen- Mr. HOYER. I yield to the gentleman was a very well-crafted bipartisan ef- tleman from Texas? from Texas. fort. There was no objection. Mr. DELAY. Mr. Speaker, that is ex- Mr. HOYER. Mr. Speaker, reclaiming actly when I got it, too. my time, I have been in a position f Mr. HOYER. Mr. Speaker, this was of where I was one of four voting against GENERAL LEAVE great import. Every speaker that came something if I thought it was appro- Mr. FOLEY. Mr. Speaker, I ask unan- to the floor expressed outrage, ex- priate to do. So he can keep saying imous consent that all Members may pressed deep concern about what this there were only 50 as long he wants. have 5 legislative days within which to had done and the impact it would have There should have been zero. His side revise and extend their remarks on H. on America and our image abroad but, believes that and our side believes Res. 627, the resolution just agreed to. more importantly than our image, on that. Our side is as deeply committed The SPEAKER pro tempore. Is there our ability to continue to lead on to supporting the troops as is his side. objection to the request of the gen- issues of freedom and justice and That is good news of this day. Every- tleman from Florida? human rights throughout the world. At one has expressed that. There was no objection. 10 p.m., whether it was same time he It does not serve our purposes fur- got it or not, I would suggest to the ther, related to staff here, they did not f leader is not a time frame in which we get a draft from their perspective until SPECIAL ORDERS can thoughtfully try to reach a bipar- after 6 p.m. last night when, as you The SPEAKER pro tempore. Under tisan agreement. know, we had adjourned. I was at the We do not expect nor do we ask for Fire Service Caucus with the gen- the Speaker’s announced policy of Jan- you to accept without question our po- tleman from Pennsylvania (Mr. uary 7, 2003, and under a previous order of the House, the following Members sition or our changes. But we do expect WELDON), with whom I work in lock- to have the opportunity to discuss step, and have for 13 to 14 years in a bi- will be recognized for 5 minutes each. them. I did not have an opportunity to partisan way. We understand biparti- f discuss it with you, the gentleman sanship. We have a Fire Service bill on PRESCRIPTION DRUG PRICES from Missouri (Mr. BLUNT), or the gen- this floor totally bipartisan. tleman from California (Mr. HUNTER). I So I understand bipartisanship, Mr. The SPEAKER pro tempore. Under a saw the resolution at 9 a.m. this morn- Speaker. It does not serve our purpose previous order of the House, the gen- ing. I had no ability to put input nor to further discuss procedures. I agree tleman from Oregon (Mr. DEFAZIO) is did others. And the gentleman from on that. We have a different view. But recognized for 5 minutes. Missouri (Mr. SKELTON), I think, is on what it does serve our purposes for is Mr. DEFAZIO. Mr. Speaker, yester- the floor and I would be glad to yield to trying to come together not in a way day, the President’s Secretary of him if he would want to make a com- that will divide the House, but in a way Health and Human Services, Secretary ment. that will bring the House together. Thompson, who has previously said he If not, in my discussions with the That, I believe, is the best interest of will not allow the reimportation of less gentleman from Missouri (Mr. SKEL- our country. I would hope we could do expensive FDA-approved drugs from TON), he believes there was not the full that, and I will work with the gen- Canada or any other country, deeming opportunity that he would have liked tleman to accomplish that objective, them unsafe, of course his assistant to have considered in a bipartisan fash- and I presume he will work with me as secretary, Mr. Hubbard, when ques- ion. And that committee, as you well well. tioned before a congressional com- know, and that gentleman from Mis- Mr. DELAY. Mr. Speaker, will the mittee, could not document one single souri has been one of the most bipar- gentleman yield? instance of safety problems with Cana- tisan Members of the House. Mr. HOYER. I yield to the gentleman dian drugs, yet can document thou- Mr. DELAY. Mr. Speaker, will the from Texas. sands of problems with the supply gentleman yield? Mr. DELAY. Mr. Speaker, I would be chain here in the United States be- Mr. HOYER. I yield to the gentleman glad to work with the gentleman be- cause of a virtually uncontrolled from Texas. cause the gentleman has shown good wholesale drug market. Mr. DELAY. Mr. Speaker, I do not faith in trying to work in a bipartisan So it really is not the issue of safety. quite understand that because the gen- way. It is the issue of the profitability of the tleman from Missouri (Mr. SKELTON) Mr. HOYER. Mr. Speaker, I thank pharmaceutical industry. They make and the gentleman from California (Mr. the gentleman for his comments. their profits all in the United States, HUNTER) wrote the draft. It was done f and that allows them to sell drugs very by late yesterday afternoon. It was cheaply in other countries, and they sent to the legislative counsel. The en- ADJOURNMENT TO MONDAY, MAY say that is necessary to protect their tire draft was done, their agreed-to 10, 2004, AND HOUR OF MEETING investment in new technologies and draft, both the Democrat ranking ON TUESDAY, MAY 11, 2004 new drugs. member, Republican chairman putting Mr. DELAY. Mr. Speaker, I ask unan- I certainly want to see new drugs and together a draft, coming together, and imous consent that when the House ad- new technologies developed, but why having done that, then it was vetted journs today, it adjourn to meet at should Americans only pay for those with the leadership. How much time noon on Monday, May 10, 2004; and fur- investments? And that is the system does one need? ther, when the House adjourns on that they are attempting to perpetuate, and After they finish writing the draft, day, it adjourn to meet at 12:30 p.m. on there is also of course the issue that it do they sit around and wait? For what? Tuesday, May 11, for morning hour de- is only recently that the pharma- The two gentlemen that were charged bates. ceutical industry has been allowed to with writing the resolution came to- The SPEAKER pro tempore (Mr. advertise on television and now they gether, wrote a resolution that they SIMPSON). Is there objection to the re- are spending upwards of 6, $7 billion a both put their name on and had agreed quest of the gentleman from Texas? year on promotion, which of course to; then it was given to the leadership There was no objection. drives up the cost of drugs, and I am

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.095 H06PT1 H2702 CONGRESSIONAL RECORD — HOUSE May 6, 2004 not quite sure of the value what the mantly opposed to but who knows, benefits and gives it to drug companies little purple pill ads or many of those maybe they will change there too, is and the insurance companies. The drug other ads on television are, and I think negotiate lower drug prices on behalf of companies under this legislation, this consumers would be happy to consult the American people like every other new law, according to bipartisan stud- with their doctors rather than 30-sec- civilized democracy on earth does for ies, will profit $150 billion more than ond ads if they could see the price of all their citizens. There is no other they are already making, and at the their drugs go down. Drugs are going country on earth that allows the phar- same time, this bill gives a $46 billion up at about 10 times the current rate of maceutical industry to leverage these subsidy, a $46 billion direct subsidy, inflation on an annual basis. They are extraordinary extortionate prices for taxpayer dollars, to the Nation’s insur- simply not affordable for most Ameri- lifesaving drugs out of their citizens. ance industry. cans. Only the Government of the United b 1545 So yesterday Secretary Thompson States. But, amazingly, the Bush ad- announced that the Maginot Line that ministration got a clause inserted in That is not any real surprise, consid- this administration has created to de- the so-called Medicare prescription ering that President Bush’s reelection fend the profits of the pharmaceutical drug benefit that prohibits the govern- campaign has received tens of millions industry, the Maginot Line that said ment from negotiating lower drug of dollars from the drug industry and this was an issue of safety, Americans prices, prohibits the government from tens of millions of dollars from the in- should not be allowed to reimport life- negotiating, not mandating, negoti- surance industry. saving drugs at a fraction of the cost, ating lower drug prices; unlike every But this new program will feature 70 that they are available in this country, other civilized democracy on earth; un- cards, 70 choices of private insurance he predicted it will crumble. He pre- like the private insurance industry prescription drug cards, by 70 different dicted that we will see the reimporta- which can and does negotiate dis- companies. It is a lot like the multiple tion of drugs. counts; unlike the Veterans Adminis- HMO system our Republican friends Why is that? What happened to his tration, which can and does and gets a are trying to foist on Medicare bene- safety concerns? I think the safety con- good deal for our vets, negotiates dis- ficiaries. cern that has been elevated in their counts; and unlike what we mandate in So here is the deal. Beginning this minds right now is the reelection of Medicaid. week, seniors will get notices at their George Bush who read the polls. But they are saying, no, we cannot do houses. They will get visits, in Ohio, Eighty-five percent of the people can- that elsewhere. There would be too from up to 50 insurance agents, they not understand how it is free trade much market power, meaning it would will get mailings from up to 50 compa- when we export American jobs, but bring down the price too much. And nies, and then they will get to choose there is no free trade issue when we then what will happen to the industry? these cards. prohibit the importation of less expen- The industry will then have to drive a Now, what we could have is one Medi- sive pharmaceuticals from Canada, our little tougher deal with all these other care card where seniors get a discount neighbor, that our FDA approved. countries. Instead of just saying, Oh, negotiated by the government, the way And then today in a further indica- they will not pay, you will have to pay, they do it in every other country in the tion that their Maginot Line, their pro- everybody would share the cost of the world, as the gentleman from Oregon tection of this industry, is crumbling development of new drugs and Ameri- (Mr. DEFAZIO) said, one card with quickly, we have two major drug cans could have access at lower prices. prices negotiated by the government chains, CVS and Walgreens, who have on behalf of 40 million beneficiaries. both come out in favor of reimporta- f But the Bush administration way, in tion. They do not want to see individ- The SPEAKER pro tempore. Under a part because one of his best friends and uals reimporting. They want to protect previous order of the House, the gen- biggest contributors owns one of these their businesses. They want to see that tleman from Indiana (Mr. BURTON) is card companies, but let us get back to they and other wholesale purchasers recognized for 5 minutes. this, the Bush administration is going can go to Canada where it they can (Mr. BURTON of Indiana addressed to give you a choice of 50 cards. purchase drugs more cheaply from a the House. His remarks will appear Now, you buy one of these cards. Canadian wholesaler by far than they hereafter in the Extensions of Re- Pick this card. This card perhaps can purchase them directly from a marks.) might have a 30 percent discount or a pharmaceutical company here in the f 20 percent discount on Fosamax. This United States. As big as they are, as card here might have a 15 percent dis- PRESCRIPTION DRUG DISCOUNT much as they buy, the price they are count on Zoloft, or this card here CARDS charged is significantly higher than might have a 12 percent discount on the price at which these drugs are sold The SPEAKER pro tempore (Mr. Celebrex. in Canada. COLE). Under a previous order of the Then you choose this card. You can So the bottom line here is we have House, the gentleman from Ohio (Mr. only choose one card. You pay $30 for people in this country suffering. They BROWN) is recognized for 5 minutes. this card that you get to choose, one of cannot afford the drugs they need. Sen- Mr. BROWN of Ohio. Mr. Speaker, these 50 cards, as these insurance iors in my district dividing pills in this week enrollment began for the pre- agents come to your home and these half, couples sitting down at beginning scription drug discount cards available mailings come to your home and these of the month and deciding who will get for the Medicare bill passed last year. fancy brochures come to your home. their pills this month and who will not, For some seniors in my home State of You choose one card; you pay $30. And despite their jeopardy to their health, Ohio, this could mean $600 in prescrip- then this card company can actually and the Bush administration says they tion drug benefits. That sounds great. change what drugs are covered by this are worried about the health and safety We want seniors to look into these card any week during those 52 weeks, of Oregonians or the American public. cards. If they can get help, that is obvi- during that year, or it can change the Their health and safety is definably ously a good thing. percent discount. hurt by the fact they cannot afford However, the real story about these So you get this card, this one right lifesaving drugs. And since they cannot cards is found in the details. The dis- here, because it has got a pretty good document a single instance of problems count drug cards will further com- discount for Fosamax and Vioxx and from Canada, then let us allow Ameri- plicate an altogether too confusing Zoloft, three drugs you are taking, it cans to reimport drugs from Canada, process for America’s seniors. Instead has a 15 percent discount. But then and I would be happy if they could do of implementing a prescription drug after you pay the $30, three weeks from that through their pharmacies because benefit under one program, Medicare, now the card company can say, well, pharmacies are a key part of this chain which serves 39 million American bene- we are not going to cover Vioxx any- and consumer information. ficiaries, the administration fought to more, we are going to cover Celebrex, The other thing we could do, and of create an unnecessarily complex sys- and we are not going to give you a 20 course the Bush administration is ada- tem that diverts money away from percent discount on Fosamax, we are

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.097 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2703 going to drop it to 10 percent. You have during the Vietnam War conflict, and the cause that their son perished under no control over that. we respect him immensely for his serv- was just and was noble and was right. So it is a question of do you want to ice to this country. For him and all the others who have choose among 50 cards, the way that There are some, though, in this proc- perished in this conflict, these kinds of President Bush and his big contribu- ess who have recently spoken in the words of ‘‘unwinnable’’ are simply po- tors in the drug industry, the insurance national media comparing this conflict litical rhetoric designed to influence industry and the insurance discount to Vietnam. I find the comparison ab- the outcome of this next election. card industry want, or would you rath- surd. It is also deliberately partisan But I urge all of my colleagues, er have one Medicare card, where the rhetoric. Democrats and Republicans and citi- government has negotiated a good dis- But if there is one lesson we should zens alike, while there are people in count? That is the way Canada does it, have learned from Vietnam that should harm’s way from this country in that and that is why my constituents in carry over here in this Chamber today, nation and everywhere on the globe, we northeast Ohio, why they drive to Can- it is that disparaging what our soldiers respect that, and let us not make their ada. Canadian drugs are 30 percent, 40 are doing in Iraq is tantamount to giv- burden more difficult by giving the percent, 50 percent cheaper, same ing comfort to the terrorists and com- enemy even an inkling that they may drugs, same dosage, same manufac- fort to the enemy. be winning. That succeeded in Spain turer. So you got one card, or you got Saying this conflict is unwinnable during this recent election by bombing a choice of 50 cards. will make no difference one way or the a train and killing people. Now, there is one other part of this other to what we do in Iraq, but it has Those that say that they were at- bill, Mr. Speaker, that is really pretty a devastating effect on American men tacked simply because the Spanish incredible. As I mentioned, in this bill and women who are in Iraq now doing were in Iraq have not looked at the en- we give, taxpayers give, out of our what we in this Congress have asked tirety of what is happening. Jordanians pockets, reach into our pockets, $46 bil- them to do. Congress voted on a resolu- are being attacked, if you will. There lion direct subsidy from taxpayers to tion to go into Iraq. We are there. We were plans to attack their intelligence insurance companies. have sent more troops there to bring service. Saudi Arabia was the target Think about what we could do, in- peace and democracy to Iraq. We are last week of a terrorist attack. These stead of that $46 billion going to the in- not risking our lives as Members of things are happening because of terror- Congress; they are, as will the thou- surance industry, with their huge exec- ists, not because of Iraq, but because sands of other Americans who may fol- utive bonuses and stock options and they want to undo the way of life that marketing costs and all that, instead low to bring liberty to Iraq. Whether anyone here agrees or dis- we respect. of $46 billion going to the insurance in- So I take umbrage with the com- agrees with the reasons we went to Iraq dustry, if that money went to Medicare ments that this is unwinnable, and I in the first place, the simple fact is beneficiaries for their drug costs, that ask us all to join in salute for our that we are there now and we have to would be almost $1,200 for every one of accomplish the goals that free Iraqis strong, brave men and women in the the 39.5 million Medicare beneficiaries. are asking of us. field. So we are giving $46 billion directly to We are fighting terrorism at its door- f the insurance industry instead of tak- step. If someone disagrees with that, so IRAQ WAR ACCOUNTABILITY AND ing care of our seniors. be it. But no one should ever forget Again, the question is, why would LACK OF OVERSIGHT IN THE that what they say has a direct impact HOUSE this possibly happen? How could Con- on the men and women who are in Iraq The SPEAKER pro tempore. Under a gress be this stupid, how could Con- at our behest. gress be this greedy, how could Con- To tell them they are over there risk- previous order of the House, the gen- gress be this out of touch, to choose ing their life and limb for something tleman from New Jersey (Mr. PALLONE) this, over this? It has got a whole lot to unwinnable is just unbelievable. On a is recognized for 5 minutes. do with how much campaign contribu- very basic level, it is like a coach tell- Mr. PALLONE. Mr. Speaker, I lis- tions George Bush has gotten and how ing his team of Little Leaguers that tened to my colleague who previously much campaign contributions my they do not have a chance of winning spoke, and I really do not understand friends on the other side of the aisle the game, but go out there and play why he says what he says. There is no have gotten from the drug industry and anyway. Let us waste some time. reason why any Member of this House the insurance industry. I know that is a poor analogy, be- of Representatives should not speak f cause we are not talking about Little the truth. The Iraq war is unwinnable, League. This is the big league. This is it has been a total failure, and if we REMARKS ABOUT IRAQ WAR life and death. This is America’s finest recognize that fact, then we will not BEING UNWINNABLE ARE AP- young men and women serving this continue to make the same mistakes. PALLING AND INEXCUSABLE country. Now, that is not to suggest that The SPEAKER pro tempore. Under a For that reason alone, I find it stun- there is not an exit strategy or a way previous order of the House, the gen- ning that anyone in this body could say of leaving Iraq that will not accom- tleman from Florida (Mr. FOLEY) is something that will have absolutely no plish some goals and that will not per- recognized for 5 minutes. effect, other than to undercut the mo- haps make the situation for the Iraqis Mr. FOLEY. Mr. Speaker, I do take rale of our troops in Iraq and cheer on better. But for us to sit around here some exception, and I am here to speak the terrorists. and suggest that somehow the conduct on another subject, but as the author I went to a funeral in my district of of this war by the President or the Vice of the discount card, I find it very prac- a young man who was killed in Iraq 2 President or the Secretary of Defense tical, very reasonable, and very mean- weeks before he was to return home is helping the cause is simply not true, ingful for seniors in my district, the and marry his high school sweetheart. and we have to speak out and say that. fifth largest Medicare-eligible popu- It was a very, very tearful day for ev- Since the very beginning, with its re- lation in America. We will get on that eryone in the room. fusal to truly internationalize the war, at another time. When I approached his parents, I felt the Bush administration has shown Why I am here today is obviously remorse, obviously, because I had voted nothing but arrogance towards anyone having read the Roll Call this morning to send their child to that place. They outside its inner-circle, whether that and seen the headlines, I am furious by did not look at me with bitterness. be Congress or the international com- the remarks that were attributed to They were proud of their son. They munity; and, unfortunately, the admin- one of my colleagues that said the war were proud he died doing what he want- istration is now paying the price and in Iraq is unwinnable. ‘‘Unwinnable’’ ed to do since he was a little boy, and our U.S. troops in Iraq are paying with was the comment made. that was defend the flag that flies over their lives. What is more mind-boggling is the this building. There seems to be a sense from Re- remarks are attributed to someone who I did not sacrifice anything in Iraq, publicans here in Congress that anyone has served this Nation as a veteran but these people did. They knew that who questions the actions of the Bush

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.100 H06PT1 H2704 CONGRESSIONAL RECORD — HOUSE May 6, 2004 administration is not supporting our seriously, so we can save the lives of family say that Lincoln Challenge troops. But, Mr. Speaker, when are American troops in the future. changed his life and helped him find his congressional Republicans going to re- Mr. Speaker, if we truly want to sup- way. This young man was recently alize that President Bush and Vice port our troops in combat, the U.S. killed in action in Iraq when his con- President CHENEY and Secretary Rums- House of Representatives must oversee voy was struck by a rocket-propelled feld simply cannot conduct this war, actions of the Bush administration. grenade and gunfire in the Al Anbar they do not know how? Failing that, in my opinion, we are Province. How many more months should we failing our troops. Gary Weston was a 52-year-old from sit by silently enduring the kind of Vienna, Illinois. He was employed by f month that we had in April? How many DynCorp International, serving with The SPEAKER pro tempore. Under a more months can we ignore the fact the United Nations as international po- previous order of the House, the gen- that the minuscule amount of inter- lice officers. He and other officers were tleman from Michigan (Mr. HOEKSTRA) national support we once had in Iraq fired upon by a Jordanian police officer is recognized for 5 minutes. continues to shrink? How many more for unknown reasons. Two fellow work- (Mr. HOEKSTRA addressed the months are we supposed to sit by si- ers were killed in the resulting fire House. His remarks will appear here- lently and not question the Bush ad- fight. Gary was flown to a hospital after in the Extensions of Remarks.) ministration on why it did not develop after receiving several gunshot wounds. a post-Saddam plan before going to f He later died from complications from war? HONORING THE GREATEST the gunshot wounds. His wife Nina It is time that someone is held ac- GENERATION Weston was there by her husband’s countable in this administration, and side. it is time for the Secretary of Defense, The SPEAKER pro tempore. Under a Kim Bigley was a 47-year-old who Donald Rumsfeld, to resign. previous order of the House, the gen- lived most of her life in southern and Mr. Speaker, on the issue of Iraq, Re- tleman from Illinois (Mr. SHIMKUS) is Southwestern Illinois. She was an em- publicans here in the House of Rep- recognized for 5 minutes. ployee of DynCorp International, which resentatives stand by obediently, wrap- Mr. SHIMKUS. Mr. Speaker, tomor- was serving with the United Nations as ping themselves in the American flag, row, I have a special honor. I get to an international police officer and was but refusing to ever question any ac- present the World War II medals that a former warden at the Shawnee Cor- tion taken by the Bush administration. my uncle earned in the war to him. He rectional Center. She had just com- Now with the unveiling of these deplor- is what Tom Brokaw has called part of pleted her first day of job orientation able pictures of abuse from Iraq, House the Greatest Generation. In fact, last when she was killed. Along with Mr. Republicans once again obediently fol- week we opened the World War II Me- Weston, Kim was fired upon by a Jor- lowed their leader, President Bush. morial, with a formal ceremony com- danian police officer for unknown rea- Today, House Democrats called on ing Memorial Day weekend. sons and was killed as a result of the this House to oversee the Bush admin- Since we are in a challenging world fire fight. istration and investigate these awful environment, many people are saying Captain John Tipton was a 32-year- abuses. In the other Chamber, Sec- today that we are seeing the next old who grew up in Granite City, Illi- retary Rumsfeld is scheduled to testify Greatest Generation. nois. He died recently in an explosion tomorrow on his role in the abuses during combat in the Al Anbar Prov- b 1600 committed by a few American interro- ince in Iraq. The province, west of gators. I would imagine my colleagues The services are reporting that they Baghdad, and is one of the most hostile over in the other Chamber will ask are meeting their recruiting goals. regions in Iraq. He was stationed at Secretary Rumsfeld why he never men- Imagine that. In an environment where Fort Riley, Kansas with his wife, Susie tioned these pictures during a visit to we are at war, soldiers are dying, re- Tipton of Collinsville and their two Capitol Hill last week, hours before cruitment levels are being met. Truly, children: Austin, 4 and Kaitlyn, 2. He they would appear on the CBS News we are seeing a revival of patriotism was commander of Headquarters Com- Magazine. and, very possibly, another ‘‘greatest pany, 1st Battalion, 16th Infantry, 1st I would imagine my colleagues over generation.’’ Brigade, 1st Infantry Division out of in the other Chamber will ask Sec- However, that is not without cost, Fort Riley, Kansas. retary Rumsfeld why he never bothered and today I am here to mention five in- I cannot say enough about these men to read the Taguba report, even though dividuals from my district who have and women who are putting their lives it had been on his desk for more than lost their lives in service to their coun- on the line every day in the hopes of a month before these outrageous in- try, not all in Iraq, as we will come to making a difference in far-away lands. stances of abuse finally came to light see. They made the ultimate sacrifice and on CBS news. Each of these people gave their lives should never be taken for granted. My Mr. Speaker, these are valid ques- in pursuit of freedom and democracy. thoughts and prayers go out to all of tions; and they should not only be They should be recognized for their the troops, their families and their asked in the U.S. Senate. It is time sacrifices. loved ones. congressional House Republicans take Corporal Foster Jostes was a 21-year- Truly, we are seeing the next ‘‘great- their oversight responsibilities seri- old from Albion, Illinois who served as est generation.’’ May God bless our ously and call on Secretary Rumsfeld an Army Corporal in the 1st Battalion, troops and may God bless America. to come over here to the House and an- 1st Cavalry Division from Fort Hood, f swer these questions. Texas. He was a 2000 graduate of Ed- The SPEAKER pro tempore (Mr. Earlier this week, when the Repub- wards County High School, after which COLE). Under a previous order of the lican majority leader, the gentleman he joined the National Guard at age 17. House, the gentlewoman from Cali- from Texas (Mr. DELAY), was asked He had only been in Iraq for about a fornia (Ms. WOOLSEY) is recognized for whether or not he called for an inves- week when military personnel say his 5 minutes. tigation into the abuse of prisoners in Humvee was hit by a rocket-propelled (Ms. WOOLSEY addressed the House. Iraq, the gentleman responded, ‘‘A full- grenade, killing Jostes and the driver, Her remarks will appear hereafter in fledged investigation, that is like say- in a suburb of Baghdad. the Extensions of Remarks.) ing we need hearings on every case of Lance Corporal Torrey Stoffel-Gray f police brutality, and I do not think was a 19-year-old Marine from Patoka, they are warranted.’’ Illinois. Patoka is a rural town in my EXCHANGE OF SPECIAL ORDER Well, Mr. Speaker, for the majority district with around 630 people. At 16, TIME leader to minimize the abuses com- Lance Corporal Stoffel-Gray left Pato- Mr. VAN HOLLEN. Mr. Speaker, I mitted in Iraq does nothing to help our ka to enter Lincoln Challenge, a mili- ask unanimous consent to take the troops in Iraq. The Congress must show tary-style alternative school at time of the gentlewoman from Cali- the Arab world that it takes this issue Rantoul, Illinois. Many friends and fornia (Ms. WOOLSEY).

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.102 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2705 The SPEAKER pro tempore. Is there ship team. It should have been obvious entire blame for actions that have seriously objection to the request of the gen- to everybody that the negative fallout undermined our efforts in Iraq and around the tleman from Maryland? from any hint of abuse of Iraqi pris- world. Leadership begins at the top and these There was no objection. oners would be a huge setback to our abuses are the result of failed leadership. f efforts throughout the Middle East. Even if Secretary Rumsfeld had no actual no- Secretary Rumsfeld should have en- tice of prisoner abuse, Secretary Rumsfeld TIME TO HOLD PENTAGON sured that the procedures were in place should have taken steps to ensure the safety LEADERSHIP ACCOUNTABLE to better screen the Iraqis being of Iraqi prisoners. But Secretary Rumsfeld was The SPEAKER pro tempore. Under a thrown into prison and taken extra on notice. He and his deputies at the Pen- previous order of the House, the gen- precautions to ensure the physical tagon had access to numerous reports of al- tleman from Maryland (Mr. VAN well-being of those who were detained. leged prisoner abuse and did nothing. That HOLLEN) is recognized for 5 minutes. Instead, just as the Bush administra- failure to act has now undercut the brave ef- Mr. VAN HOLLEN. Mr. Speaker, we tion has ignored the international con- forts of our men and women in Iraq; their fail- are at a critical juncture. The horrible cerns about prisoners held at Guanta- ure to act has violated the trust of our soldiers photographs of abused and humiliated namo Bay, it has shown a cavalier atti- and the trust of the American people. The Iraqi prisoners being beamed around tude when international human rights President owes it to our troops and the Amer- the world have seriously wounded our groups and Iraqis raised issues about ican people to act quickly to remove those in- already tattered credibility in Iraq, the the treatment of Iraqi prisoners. dividuals who should have acted early to pre- Middle East, and around the world. The We will be learning more about the vent this debacle. damage done to our effort to win the facts in the days ahead, but the law- Second, the Administration must stop being hearts of the Iraqi people may be irre- yers representing the American sol- so contemptuous of international law and versible, but we owe it to the 130,000 diers who were directly involved have norms and immediately grant an independent American troops putting their lives on already warned that these prosecutions third party, such as the International Com- the line every day in Iraq to show the will ‘‘open up a can of worms’’ that will mittee for the Red Cross, full and unimpeded world that America will not tolerate show that these abusive practices were access to all the prisoners being detained in such abuse. We must take strong ac- not only tolerated, but encouraged by Iraq. It has become fashionable in this Admin- tion to demonstrate that we under- some of their superiors as a useful part istration to argue that the United States should stand the severity of the problem and of interrogation. no longer be constrained by international law Nothing, nothing could be more dam- blunt the damage to our image and rep- and norms. Indeed, Secretary Rumsfeld aging to U.S. credibility in Iraq than to utation around the world. Failure to overrode previous U.S. practice in the han- send a strong signal will further have Iraqis abused by Americans in the same Abu Ghraib Prison where Saddam dling of detainees overseas when he ruled strengthen the hand of al Qaeda and that the U.S. would no longer be bound by the the terrorist groups who will use these tortured prisoners. The awful sym- bolism is devastating to U.S. efforts Geneva Conventions. That decision and other photographs to bolster recruits and statements by the Secretary sent exactly the promote their cause. around the world, and reports that Iraqi women may have been subject to wrong signal. At a time when both U.S. values It is easy to try and dismiss the and U.S. foreign policy interests demanded abuse as the acts of a few bad apples sexual abuse will further inflame the problem. It is hard to think of a more tight procedures to prevent abuse of prisoners, acting alone. But the fact that a situa- Secretary Rumsfeld discarded the rules that tion developed where such abuse could serious blow to our international rep- utation as we seek to promote human had been in place. The result was sadly pre- occur in a facility under the total con- dictable and avoidable. We must now work to trol of the United States represents a rights, freedom, and democracy in Iraq, Afghanistan, and the Middle East. repair our credibility by providing the appro- failure of leadership at the highest lev- The tragedy, the real tragedy is that priate international agencies total access to els of the Pentagon. It is inexcusable the heroic efforts of our soldiers who prisoners being held. that the Secretary of Defense and the have performed so courageously in Iraq Third, the Congress must take its constitu- top civilian leadership of the Pentagon have now been compromised by the tional responsibilities seriously. Formal con- did not foresee the possibility of such negligence of the Secretary of Defense gressional oversight by the relevant commit- abuses happening and take steps to and the Pentagon civilian leadership. tees of this House has been virtually non-ex- prevent it. The fact that some are now Throughout the war, President Bush istent regarding the conduct of the war in Iraq. trying to brush aside these abuses on has used the rhetoric of leadership, but Congress has a constitutional responsibility to the grounds that sometimes terrible has failed to hold leaders in his admin- oversee the actions of the Executive Branch things happen to prisoners of war only istration accountable for bad decisions and to hold it accountable. Yet, unfortunately, reinforces the fact that such abuses and serious omissions. Indeed, those especially when it comes to Iraq, the House were foreseeable and could have been who did raise prescient questions about leadership gets its talking points straight from prevented. the true costs and required troop levels the White House. It has abdicated its institu- Before the war began, we know that were publicly rebuked, while those who tional responsibilities as a separate branch of experts on Iraq warned that the tough- have been consistently wrong in their government and become a rubber-stamp for est fight would not be the military con- predictions have received no sanction. Administration policy. It is time for this House quest over the forces of Saddam Hus- This is a critical moment. The world to fulfill its duty to our troops and the Amer- sein, but the battle to win the peace. A is watching. If we do not want al Qaeda ican people by putting aside short term elec- fundamental miscalculation of our ci- and our enemies to gain an even bigger tion year politics and taking its responsibilities vilian leadership was their belief that public relations victory than they al- seriously. removal of the hated Saddam would ready have, the President must show Fourth, we should immediately close the automatically leave the Iraqi people to the world that America will not stand Abu Ghraib prison. It remains a symbol of the embrace the United States. And the for such abuse. The President was right brutal repression under Saddam’s regime. Re- Bush administration has since made to go on Arabic-speaking television gional experts had previously recommended many miscalculations that have in- stations in the Middle East to express against using that hated facility to hold Iraqi creased the number of Iraqis who view his outrage at the abuses that occurred prisoners because of the terrible message it us as occupiers, including the contin- and make it clear that they are unac- sent to the Iraqi people. The Administration ig- ued detention of many Iraqis without ceptable to the American people, but nored their advice. It is time to shut it down. proof of wrongdoing. that is not enough to repair the severe Fifth, the Administration and the Congress In a battle where we knew that the damage that has been done. We must must immediately focus on the role of civilian greatest challenge was to win the take additional steps and, Mr. Speaker, contractors in Iraq. There are up to 20,000 pri- hearts and minds of the Iraqi people, I will include in the RECORD five addi- vate contractors operating in Iraq, carrying out political considerations are often more tional steps that we must take to blunt military roles from logistics and local army important than military calculations. the damage that has been done as a re- training to guarding installations and convoys. Making sure those considerations are sult of this. It is stunning that the Defense Department taken into account is the responsi- First, it is not enough for the President to would contract out the interrogation of pris- bility of the President and his leader- allow a few very bad apples to shoulder the oners of war to private firms. A number of

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MY7.107 H06PT1 H2706 CONGRESSIONAL RECORD — HOUSE May 6, 2004 these contractors have been implicated in the Under Secretary of Commerce and Director thanks for the work done by our chil- abuses of Iraqi prisoners. The legal status of of the United States Patent and Trademark dren’s teachers. As a former educator, I these contractors in war zones is a murky Office. As the Assistant Secretary imme- know that your appreciation for their area. How do we hold these contractors ac- diately under Jim Rogan, Jon played an in- efforts will be most welcome. tegral part in implementing the President’s countable? Management agenda and in developing the I want to express my gratitude and The abuse of prisoners in Iraq has severely 21st Century Strategic Plan—a comprehen- thanks to the teachers who helped me damaged our standing in the world and under- sive map to move the Patent and Trademark many years ago. Inez Grovenstein, who cut our efforts in Iraq, Afghanistan and the Office from its crisis situation to one of im- got me through first grade; Mary Middle East. The real tragedy is that it was proved quality, quicker issuance of patents Brunson, who guided me through fifth avoidable. Our troops and the American peo- and increased efficiency. His ability to relate grade after I lost my mother tragically ple have been let down by a failure of leader- and work well with others and his good rela- at the age of 10; and Mary Catherine ship. Real leadership is now required to at- tionships with Members of Congress will be Counts, who solved the mysteries of tempt to limit the damage that has been done. critical in achieving the difficult task of passing the Administration’s fee bill that high school math too many years ago. f will implement the strategic plan. Just as These are teachers much like teach- ON THE NOMINATION OF JON important, because he has been serving as ers around our Nation who have made a DUDAS TO BE UNDER SEC- Under Secretary Rogan’s right hand for the lasting impression on the minds of RETARY OF COMMERCE last two years and currently as Acting Under young America and whose lessons I Secretary, Jon will provide continuity at the greatly appreciate. The SPEAKER pro tempore. Under a Patent and Trademark Office. previous order of the House, the gen- The issue of this government’s position on f tleman from Illinois (Mr. HYDE) is rec- patents is a critical one in this ever-expand- The SPEAKER pro tempore. Under a ognized for 5 minutes. ing world of scientific progress. I can think previous order of the House, the gentle- Mr. HYDE. Mr. Speaker, it gives me great of no one better qualified to lead the Patent woman from the District of Columbia pride to inform my colleagues that Jon Dudas, and Trademark Office. I urge the Committee (Ms. NORTON) is recognized for 5 min- to confirm this fine public servant as Under utes. former counsel to the Speaker, and former key Secretary of Commerce so that he may con- member of my staff when I was Chairman of tinue to serve the best interest of the Amer- (Ms. NORTON addressed the House. the House Judiciary Committee has been ican people. Her remarks will appear hereafter in nominated by the President to the crucial post Thank you again for this opportunity to the Extensions of Remarks.) of Under Secretary of Commerce. appear before you today. f I include my testimony in support of his f nomination before the Senate Judiciary Com- ORDER OF BUSINESS mittee for the information of my colleagues. ORDER OF BUSINESS Mr. STUPAK. Mr. Speaker, I ask STATEMENT OF THE HONORABLE HENRY J. Mr. BURNS. Mr. Speaker, I ask unan- unanimous consent to take my special HYDE imous consent to take my special order order at this time. Mr. Chairman and Members of the Com- at this time. The SPEAKER pro tempore. Is there mittee, The SPEAKER pro tempore. Is there objection to the request of the gen- It is a pleasure to be here today to support objection to the request of the gen- tleman from Michigan? the President’s excellent choice for the cru- tleman from Georgia? There was no objection. cial position of Under Secretary of Com- merce, Jon Dudas. There was no objection. f I have known Jon for almost a decade. f After he graduated from law school at the RUMSFELD TERMINATION/ University of Chicago, he came to Capitol HONORING THE TEACHERS OF INVESTIGATION Hill and worked in my congressional office AMERICA The SPEAKER pro tempore. Under a as a legislative counsel. When I first became The SPEAKER pro tempore. Under a previous order of the House, the gen- Chairman of the House Judiciary Com- previous order of the House, the gen- tleman from Michigan (Mr. STUPAK) is mittee, Jon moved over as counsel to the Subcommittee on Courts and Intellectual tleman from Georgia (Mr. BURNS) is recognized for 5 minutes. Property which has jurisdiction over the recognized for 5 minutes. Mr. STUPAK. Mr. Speaker, I rise complex issues of patent law. Shortly there- Mr. BURNS. Mr. Speaker, I rise today for two reasons: to call for Presi- after, I named him Staff Director and Dep- today to extend my appreciation to the dent Bush to fire Secretary of Defense uty General Counsel of the full Judiciary teachers of America. As we celebrate Donald Rumsfeld for failing to act Committee. During those extremely busy National Teacher Appreciation Week, upon reports of the disgusting photo- and trying years for the Congress and the it is important that we recognize the graphs and inhumane treatment of Committee, I came to know Jon very well, good people of this Nation who hold the Iraqi prisoners, and I also call upon the and I became personally acquainted with his strong leadership, tremendous loyalty, un- keys to our future and the future of our U.S. House of Representatives to hold wavering integrity and the ability to accom- children, the unselfish, dedicated hearings into the role private contrac- plish his assigned mission under tremendous teachers who spend their days taking tors may have played in these inci- pressure. care of America’s future. dents. When I first got to Congress, I learned an Our teachers help our children in Mr. Speaker, President Bush has re- important lesson. If you want something many ways. They are leaders. They are peatedly allowed the United States’ done, you talk to the Member, and then you inspirations that provide students with reputation with the international com- go to the ‘‘staffer who makes the Member look good.’’ During his service on Capitol the foundation that they take with munity to be tarnished and has not Hill, Jon was one of the people who made me them for a lifetime, and they learn to held his appointees accountable for look good. believe in themselves. When we suc- this damage. Whether it was going to In his position on the Judiciary Committee ceed, they are guiding us to our next war based upon inaccurate intelligence staff, Jon helped me manage the most pro- great accomplishments. When we fail, information, or White House officials ductive committee in the Congress—more they are the understanding hearts that exposing the identity of one of our own than one out of five bills considered by the lift us back up. Teachers are truly CIA operatives, or the most recent rev- House during the 105th and 106th Congresses went through the Judiciary Committee. Our noble professionals. elation about the inhumane treatment Conference relied upon him to help achieve In 1944, Mattye Whyte Woodridge, an of prisoners at Abu Ghraib Prison in some of their most important goals during Arkansas teacher, began corresponding Iraq, President Bush refuses to hold his that period. with political educational leaders people accountable. With mixed feelings, I encouraged Jon to about establishing a national observ- According to recent media reports, leave the Committee staff when the Speaker ance to honor members of the teaching administration officials, including Sec- asked him to serve as his chief floor manager profession. This effort came to fruition retary Rumsfeld, have known about and legal policy advisor to the House Leader- when Congress proclaimed National these abuses for months, yet they ship. Jon played a critical role in advancing legislation to support the war on terror. Teacher Day in 1953. failed to act on repeated recommenda- Jon left the Hill when our former col- I encourage those with children in tions to improve conditions for thou- league, Jim Rogan, was appointed to be school to offer their support and their sands of Iraqi detainees. In response,

VerDate May 04 2004 02:32 May 07, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.061 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2707 Mr. Rumsfeld only received a private House, the gentleman from New Mexico cause our water is being diverted for a min- scolding from the President. (Mr. PEARCE) is recognized for 5 min- now based on science that only a writer of fic- This is not a minor problem that can utes. tion could love. We have people who are pre- be fixed with just a slap on the wrist or Mr. PEARCE. Mr. Speaker, I rise to vented from using their God-given resources by buying million-dollar ads to rede- address this body on the National Day to feed, clothe, house and provide energy for fine history. The international commu- of Prayer. their neighbors. nity is appalled and upset at the cow- The Constitution—in a word—is the docu- The Endangered Species Act, Mr. Speaker, boy arrogance and actions of this ad- ment that defines the values and principles of was noble in its intent and just in its cause. ministration. Wild west tactics do not America. Not one of us would seek the termination of a work anywhere, especially in the Mid- Nearly 220 years ago, a few men, with ex- species. Yet the law has been twisted, turned dle East. traordinary vision, used the lessons that his- and implemented in ways that directly violate Mr. Speaker, I call upon the House tory taught us to create this binding document our constitutional rights. Simply stated, and di- Committee on Government Reform to that has served as the burning touch of our rectly supported by the plain wording of the hold hearings into the government-paid Nation’s freedom. But over time, that flame 5th Amendment, Uncle Sam can’t take our contractors in Iraq who may have has been has been dimmed, and its power property without due process. He definitely played a role in the actions in Abu has been mitigated, and before we know it, it can’t take it without compensating for the loss. Ghraib Prison. In addition, in a letter will be a dull light that is indecipherable. So we must ask ourselves, when does it mat- sent to the Department of Justice ear- You see, over time, Mr. Speaker, we have ter to us enough to make a difference? lier this week, I and 27 other Members let the Judiciary, slowly chip away the free- And the Tenth Amendment says that we asked the Attorney General to inves- doms that are guaranteed to us under the have States Rights, ‘‘The powers not dele- tigate those contractors. We need to get to the bottom of this constitution—chipping away so much that gated to the United States by the Constitution, situation right now and show American some of our liberties are unrecognizable. nor prohibited by it to the States, are reserved citizens and the international commu- For example, Mr. Speaker, the First Amend- to the States respectively, or to the people.’’ nity that such actions will not be tol- ment to the Constitution says, ‘‘Congress shall Yet the Federal government, at the behest of erated. The damage inflicted upon the make no laws respecting an establishment of highly objectionable rulings by the courts over United States’ reputation will take religion, or prohibiting the free exercise thereof the last 100 years, has intruded on every as- years, if not decades, to repair. We ...’’ It says that those of us who have faith pect of our lives and ignored those rights re- need to hold our government officials in a Higher Power have the right to pray, ex- served for the states and the people. accountable for their actions, just as press our beliefs. We know that we live under a constitution, we hold other governments account- Yet, our Federal Judges have ruled out but we are living in a time when the Constitu- able, and it needs to start with Sec- prayer in schools. They have ruled that the tion only means what the Judiciary says it retary of Defense Rumsfeld’s termi- Pledge of Allegiance, particularly, ‘‘. . . one means—simply stated, we can’t let that hap- nation. Nation, under God . . .’’ is a violation of sepa- pen. Mr. Speaker, I would also like to sub- ration of state doctrine. Those who would ban The constitution has been tyrannized by mit to the RECORD today’s Washington our inalienable right to express our beliefs in people who honestly believe that we are in- Post editorial on the leadership deci- a higher power selectively choose to cite the capable, as a free people, of living our lives in sions made by Secretary Rumsfeld first part of the clause that says ‘‘Congress the manner that best serves us and our fami- since the beginning of this administra- shall make no laws respecting an establish- lies. The courts have been willing accomplices tion. The Secretary announced that ment of religion . . .’’ They leave the second and many of the core freedoms that are guar- the United States would no longer be part, which says ‘‘. . . or prohibiting free exer- anteed to us under the constitution have been bound by the Geneva Convention, that cise thereof . . .’’ slowly but continuously taken from us. Army regulations on interrogation of Congress opens up every session with a I believe that the Constitution has been prisoners would not be observed, and prayer, the President of the United States treated unjustly by the courts, and I believe we that many detainees would be held in- uses a Bible when he is sworn into office by need to take a look at how our Constitution— communicado and without any inde- the Chief Justice of the Supreme Court. The this symbol of freedom—can be returned to its pendent mechanism for review. Declaration of Independence, arguably the sin- rightful place as the foundation of our free- b 1615 gle most powerful political document in world dom—instead of being just another document history, mentions God in the first paragraph that tourists visit at the National Archives in As the Post stated, ‘‘Abuses will take and ‘‘divine Providence’’ in the last. Washington. place in any prison system, but Mr. Religion in the public sector is not prohibited Thomas Jefferson, James Madison and the Rumsfeld’s decision helped create a by the Constitution, the Constitution is what Framers of the Constitution feared tyranny lawless regime in which prisoners in makes our ability to freely exercise our belief from the judiciary more than from the other both Iraq and Afghanistan have been possible! two branches, so they placed deliberate limita- humiliated, beaten, tortured and mur- The Second Amendment to the Constitution dered, and which until recently, no one tions on the judiciary. says, ‘‘A well regulated Militia, being nec- As a result, under their plan, ‘‘the Judiciary has been held accountable.’’ It was only when photographs of essary to the security of a free State, the right is beyond comparison the weakest of the these incidents made it into the press of the people to keep and bear Arms, shall not three departments of power . . . [and] the that Secretary Rumsfeld paid much at- be infringed.’’ Some would argue, and unfortu- general liberty of the people can never be en- tention. According to media reports, he nately some have successfully done so, that dangered from the quarter.’’ had not even read the reports on these this is not an individual right, but a collective These are not my words, but taken directly abuses that was completed in March. right associated with service in a militia, or in from the Federalists Papers. Can there be any I find it very troubling that our own modern terms the National Guard. doubt that our forefathers saw a danger to our Secretary of Defense was so dismissive The Founders had a profound under- way of life and intentionally erected a wall of of the abuses that may have taken standing that individuals and their rights were separation to protect us from it? place under U.S. oversight in Iraq and the only true check against an overzealous There shouldn’t be a doubt, but it stares us Afghanistan. government. After all, they had just defeated in the face every day. Again, I call upon the President to one that sought to control access to arms. The bottom line is, Americans should not fire Mr. Rumsfeld, and I call upon the Just a moment ago I added emphasis on have to fear ‘‘judge-made laws’’ as a reality of House of Representatives to hold hear- the ‘‘people,’’ I did so because right belongs to life. We elect our legislators to make our laws, ings about the role private contractors them, not the President and most assuredly we elect the executive branch to implement and the intelligence community may not the Federal Government. those laws, and the judiciary is charged with have played in these incidents. The Fifth Amendment says unequivocally holding people accountable to these laws and f that no person shall ‘‘. . . be deprived of life, determining the constitutionality of laws. liberty, or property, without due process of There should be no doubt, either, that gov- NATIONAL DAY OF PRAYER AND law; nor shall private property be taken for ernment is the greatest, if not only, threat to THE WAR ON TERRORISM public use, without due compensation.’’ individual liberty. Neither the United States, The SPEAKER pro tempore (Mr. Yet Mr. Speaker, in my district of Southern nor any of the branches of the government, COLE). Under a previous order of the New Mexico, we can’t water our crops be- nor the states, is the ultimate authority of the

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MY7.111 H06PT1 H2708 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Constitution. The ultimate authority of the Con- we are going to sit on our heels trying claim the time of the gentleman from stitution is the people of the Union, just like a policy of appeasement to deal with Michigan (Mr. CONYERS). Thomas Jefferson said. the terrorists, I will tell you that the The SPEAKER pro tempore. Is there We need to make sure that the Constitution terrorists will win because we cannot objection to the request of the gen- doesn’t just stay locked up in a display case sustain repeated attacks on our econ- tleman from Massachusetts? at the National Archives on Pennsylvania Ave- omy and of the civilian population of There was no objection. nue. We need to bring it into our homes, our America like occurred on September f schools, our businesses, and our courtrooms. 11, 2001. There are estimates that that MISMANAGEMENT OF WAR IN Only then can we make sure that our cost alone, that one day, exceeded $2 IRAQ schools are symbols of freedom—that our trillion, Mr. Speaker. families are symbols of freedom . . . that our Our economy is $11 trillion. So we The SPEAKER pro tempore. Under a businesses are symbols of freedom . . . that took over 15 percent, close to 20 per- previous order of the House, the gen- our state legislatures, and local governments cent of our economy out in one day, tleman from Massachusetts (Mr. are symbols of freedom. not to mention the 2,000 lives. FRANK) is recognized for 5 minutes. When its all said and done, my greatest de- Mr. Speaker, what I hear from the Mr. FRANK of Massachusetts. Mr. sire is for my grandchildren to look back on House floor and what I hear from my Speaker, I was appalled at the com- their grandfather and their neighbors and say, friends on the other side of the aisle ments that just preceded me. ‘‘They left us a better country than they inher- sounds more partisan when I put it in JOHN KERRY is a brave man today, ited. They cared enough to protect freedom for context of the many complaints that I and he was a brave man 35 years ago the generations to come.’’ should have heard from them under the when he answered his country’s call Mr. Speaker, I was in Vietnam in deployments that President Clinton and was wounded on its behalf. And to 1971, 1972, the early part of 1973, and the had. We went into Bosnia in the early hear one say that he came close to giv- early part of 1974. I was in Vietnam fly- part of the 1990s, and President Clinton ing aid and comfort, of course, that is ing when Jane Fonda made her visit to said we would be out by the end of that part of a phrase that describes treason, the north giving aid and comfort to the year. Instead, troops are still there is unworthy of this House. And to cou- enemy. today. Yet, I do not hear one comment ple that sort of wholly unjustified at- Mr. Speaker, I was in Vietnam, or on about his deployment into Bosnia. tack on this brave man because he my way there, when the presumptive If the names Kosovo, Somalia, Haiti, challenges the President and then to Democrat candidate threw his ribbons and Macedonia do not mean anything say, well, let us avoid partisan rhet- across the fence into the dumpster or to my colleagues, those are additional oric, there are no words to describe his friends or his medals, or some simi- areas in which the previous President that that would be acceptable under larity of that representation, of our dispatched our troops to try to sta- the rules of the House. country. bilize a very unstable region. I do want to talk about what is going Mr. Speaker, as I listen to the com- Mr. Speaker, Mr. Clinton launched on in Iraq, and I do it with great sad- ments from the floor of the House that cruise missiles into Sudan and Iraq, ness. Six months ago if someone had said that this war is not winnable, I into Haiti with no U.N. resolution. Yet told me that American military per- would remind my colleagues that all I hear no comments from the floor of sonnel and civilians employed by the wars are unwinnable in the heart; and this House. United States Government had engaged as they seek to undermine the will of So when I hear my colleagues saying in the kind of outrageous dehuman- the American people, they should con- that this war is unwinnable, I think izing behavior that we have recently sider carefully what they are doing. that they are engaged in partisan poli- seen public, I would have been indig- Mr. Speaker, we must complete the tics which strikes at the very desire of nant. I would have said, look, I dis- job that we started before the terror- this country to fight its war. And when agree with the Iraq policy. I did not ists complete the job that they started. I watched the aid and comfort of 1971 vote to go to war with Iraq, but I think Mr. Speaker, I was in France on 9–11. and 1972 by the presumptive Democrat it is unfair to accuse Americans of this. So I was compelled to fly to come back candidate for President and Jane And we now say that we have to ac- to this country as soon as flight service Fonda, I am beginning to hear a simi- knowledge that Americans empowered was restarted. I came through Dallas- lar tone. by the United States Government, not Ft. Worth about 10 days after the at- I will tell you, Mr. Speaker, as one of specifically to do that, but they were tacks. the Vietnam vets who returned to this there because of American government Mr. Speaker, when I came through country without one public or private policy, committed these outrageous Dallas-Ft. Worth regional airport, that official saying thank for your time, Mr. acts. But it is not enough simply to bustling busy hub of much of the traf- Speaker, I caution our friends to be blame a handful of individuals as the fic, the air traffic in the western careful of the rhetoric they use. majority tried to do earlier today with United States, I think that our plane a resolution. was the only one deplaning. I looked up f I want to stress again how absolutely and down the corridors and walked the ANNOUNCEMENT BY THE SPEAKER wrong it was for the Republican major- full distance to the baggage check PRO TEMPORE ity in the House to bring forward today without seeing one other plane a resolution on this extraordinarily im- The SPEAKER pro tempore. The deplaning. Mr. Speaker, when I went to portant question. I am told the Presi- Chair admonishes Members to heed get a cab to go to the hotel, there was dent just apologized, as he should have. their time limits and to refrain from not one cab available because there He should have done it earlier. improper references to Presidential were no passengers to ask for cabs. We have got a major set-back in candidates. As I finally got a transport van from American policy but more importantly, the hotel, arrived at the hotel to find f a revelation that Americans did things that there were very, very few cus- The SPEAKER pro tempore. Under a in the name of the country that should tomers in the hotel. Mr. Speaker, our previous order of the House, the gen- not have been contemplated, much less economy was this close to collapsing. If tleman from Michigan (Mr. CONYERS) is done. And we were only given an hour we first lose the airlines and the cab recognized for 5 minutes. to discuss it? And the majority used its industries and the hotel industries and (Mr. CONYERS addressed the House. automatic submissive majority of its the hospitality industries, we are look- His remarks will appear hereafter in Members to prevent any amendment, ing at losing banks and financial insti- the Extensions of Remarks.) to prevent any proposal. Many of us be- tutions and insurance companies. f lieve it is not enough for the military Mr. Speaker, the terrorists set out to to investigate itself. They have known do a job a decade ago first attacking EXCHANGE OF SPECIAL ORDER about this for some time. the twin towers of the World Trade TIME First of all, this is the military’s fail- Center. Mr. Speaker, they did that at- Mr. FRANK of Massachusetts. Mr. ing. Though the Secretary of Defense tack in 1993 and then again in 2001. If Speaker, I ask unanimous consent to did not do this in this prison, but the

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.064 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2709 Secretary of Defense and his aids set The SPEAKER pro tempore. Under a this reprehensible conduct at the pris- up this prison which led this to hap- previous order of the House, the gen- on is that it undermines and endangers pening, the inadequate supervision, the tleman from California (Mr. FILNER) is the lives of American soldiers who are whole problem here, this is one which recognized for 5 minutes. diligently working every day in the we must thoroughly investigate. And (Mr. FILNER addressed the House. most difficult conditions. All of the having the perpetrators not of the par- His remarks will appear hereafter in countless acts of good will performed ticular acts but of the efforts that led the Extensions of Remarks.) by our soldiers, the rebuilding of hos- to these acts investigates themselves is f pitals, the opening of schools, the re- wholly unacceptable. uniting of families, the building of We were not even allowed because of EXCHANGE OF SPECIAL ORDER TIME civic institutions and the foundation of this automatic submissive majority to representative government, all of these offer an amendment to call for that Mr. SCHIFF. Mr. Speaker, I ask are undercut by these acts. sort of an investigation. I want to unanimous consent to claim the time stress again, what could be more bi- of the gentleman from California (Mr. Our campaign against terror has also zarre than for us to tell the Iraqis that FILNER). been weakened. The war on terror and we will teach them how to be demo- The SPEAKER pro tempore. Is there the war in Iraq are ultimately wars of cratic, with a small D. objection to the request of the gen- ideas. The idea of a civil society under We in particular are telling the Shi- tleman from California? the rule of law, respective of human ites who are in the majority in Iraq, There was no objection. rights and individual liberties is at war use your majority wisely and pru- f with the idea of a closed society devoid dently. Yes, if you are in the majority of the right to speak as one chooses, you have a right ultimately to make CONDEMNING TREATMENT OF without the free exercise of religion the decision, but please show respect IRAQI DETAINEES and propagated by indiscriminate and for minority rights. Please encourage The SPEAKER pro tempore. Under a murderous violence against innocent openness. previous order of the House, the gen- men, women and children. The recent I only hope, Mr. Speaker, that the tleman from California (Mr. SCHIFF) is events at Abu Ghraib prison, a place Iraqis were not watching the debate recognized for 5 minutes. identified with the barbarity of the today because if the Shiites were to Mr. SCHIFF. Mr. Speaker, it is with Saddam Hussein regime, are a major emulate the House Republicans in a mix of anger, sadness, and frustration setback in the war of ideas. A key ele- terms of their approach to democracy, that I rise in support of the resolution ment of this war has been our attempt then we have very little chance of that the House passed earlier today. to convince the Islamic world that achieving what we want. Our words can do little to mitigate I only hope that people in the leader- America and the West are not out to the damage that has been inflicted ship of the Shiite movement in Iraq do humiliate and destroy Muslims. The upon our Nation, our Armed Forces, not take the majority leader of this damage to that effort is incalculable and our hopes for better relations with House as an exemplar of democracy. and the soldiers who committed these the Islamic world. But it is not simply the inadequate acts have betrayed the bravery, dignity Nevertheless, we must offer these way in which the military has re- and the sacrifice of their fellow troops. words to the Iraqi victims and to the sponded to these outrages, and we world. All of us have seen the photo- This resolution is our statement to might never have known if these things the world and particularly to Iraq and were not leaked. The military knew for graphs of smiling American military personnel mocking hooded, naked Iraqi the Islamic world that the people of a long time. They came up here and the United States are united in their talked to committees. They misled prisoners. These images of those de- graded are vile. The smiles of those condemnation of the stomach-turning people when they asked questions acts of abuse that were perpetrated in about contractors. They left names off who would degrade are grotesque. The soldiers in the photos must not our name. But this is only the begin- lists. The way in which they have han- ning. We need a thorough investigation dled this was outrageous. become the face of the American-lead to find out both where the breakdown I wish it were an exception. I wish occupation in Iraq or of the American this terrible abuse and these cover ups GI. in the chain of command occurred and and this refusal to supervise ade- Sixty years ago at the end of World why Congress was left out of the loop, quately, I wish it were an exception. War II, the American soldier was seen even though the military has been in- But we also had, within the last week as a smiling supplier of chocolate bars. vestigating these incidents for months or two, the on-again off-again appoint- Our men and women in uniform must and the investigation by Major General ment of the Iraqi general in Falujah in not become known around the world Antonio Taguba was completed in late which, first of all, we were going to for degrading and humiliating un- February, 21⁄2 months ago. We also need have a war in Falujah. Fortunately, armed, naked detainees. to determine whether the conduct at they decided, let us try to minimize b 1630 Abu Ghraib was an isolated set of inci- the killing. So they appoint an Iraqi dents or whether, as some have sug- general to be in charge. I am deeply proud of our military. gested, similar acts were committed at First we were told he is acceptable to The vast majority of our men and other detention facilities in Iraq. everybody. Then it turned out because women in uniform serve with bravery, compassion and honor. Sadly, the bar- Nearly two centuries ago, Alexis de of his previous connections to the re- Toqueville is reputed to have said, gime he was unacceptable and a new baric conduct at the Abu Ghraib prison ‘‘America is great because America is general comes in. reflects upon all our troops and it is up We have had error after error after to all of us, the Congress, the executive good; if America ceases to be good, she error. We have a lack of coordination branch, the justice system and the will cease to be great.’’ That was true between the State and Defense Depart- military itself to address this blight then. It is still true today. Our great- ments. I do not think there has been a upon our record. I am glad that several ness has been built upon countless acts major national security operation han- of our senior commanders in Iraq have of goodness and not even an episode dled as incompetently as the way this publicly apologized to the Iraqi people. like this can undo that proud history, administration has muddled in Iraq in I also believe that it was important for but it should serve as a reminder that a very long time. President Bush to express his personal our Nation has succeeded because Vietnam ultimately became a ter- regret to the Iraqi people and his com- Americans are strivers. We are always rible set of mistakes, but I do not mitment to a full investigation as he looking to better ourselves, our com- think in a comparable period Vietnam did during two interviews with Arabic munities, our country and the commu- was as badly handled. language television yesterday. nity of nations. We now face a great This administration has failed this I have been to Iraq and met with our challenge to that perception of good- country in the miserably incompetent young men and women who are serving ness and we must all rise to meet that way it has handled Iraq. there. The most disturbing aspect of challenge.

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.116 H06PT1 H2710 CONGRESSIONAL RECORD — HOUSE May 6, 2004 WAR IN IRAQ And so for this Republican leadership discretions in his personal life, every- The SPEAKER pro tempore (Mr. to put on the floor of the House a sin- body was speaking about it in the COLE). Under a previous order of the gular resolution that says that the United States. Everybody was out- House, the gentlewoman from Texas Secretary of the Army is supposed to raged. Where is the outrage now? What (Ms. JACKSON-LEE) is recognized for 5 investigate this, no Judiciary Com- a shame and a travesty. minutes. mittee, no International Relations And to the American people, I would Ms. JACKSON-LEE of Texas. Mr. Committee, no Intelligence Com- say you too have a responsibility to Speaker, I am grateful for the tone mittee, no Government Reform Com- ask the hard questions. In these letters that has been exhibited on the floor of mittee, no committees of jurisdiction, to the President, Secretary Rumsfeld the House. We must be mindful of what no Homeland Security Committee, and to the Speaker of the House, I have we say and what we do, because our when the very fact that the individuals asked for Secretary Rumsfeld’s res- children are listening. I am gratified who will face the wrath and the ire of ignation. That is the honorable thing that Members have come to the floor the world will be Americans who are to do. Or be terminated. And I have to indicate both their disgust and their traveling around the world, we must asked the Speaker to convene a full rejection of the actions of some in the investigate this comprehensively. body before he leaves to tell us the military in Iraq. But allow me to lay Mr. President, I disagree with you. I honest truth. out my reasoning for opposing the res- hope that your apology was forthright Mr. Speaker, I ask in a tone of sim- olution on the floor of the House that in the last hours that I have not been plicity and humbleness, where are the was supposed to be today a call by this before the television screen. I hope you American people? Where are our Congress, a bipartisan call by this Con- said something that we could under- voices? It is time now to stand for gress to investigate those incidences. stand. I clearly think that you are to truth and to stand for those troops who First of all, let me say that I follow be applauded for going before those in are fighting for us all over the world. in the tradition of Hubert Humphrey the Arab world. But I think the Amer- HOUSE OF REPRESENTATIVES, that says, in paraphrase, that we are ican people have to understand what Washington, DC, May 6, 2004. the agitators to create a more perfect happened. I have no apologies for not Hon. J. DENNIS HASTERT, union. We are always seeking to make Speaker of the House, condemning in totality those men and Washington, DC. America better. We are always seeking women who were the perpetrators of, DEAR SPEAKER HASTERT: It has become evi- to allow America to live up to its very yes, criminal acts and they should be dent that due to the recent abuses of Iraqi special ideals of democracy and the brought to justice. But they did not act soldiers by members of the U.S. military, Declaration of Independence that indi- alone. The hierarchy, the brass, the in- that the Congress should get involved in cates that we all are created equal with dividuals who knew about this in No- calling for an immediate investigation of certain inalienable rights of life and vember of 2003, who shared it with no these atrocities. An investigation led by liberty and the pursuit of happiness. Major General Antonio Taguba, reported one and absolutely no one in America, widespread abuses in the detention of Iraqi Those actions in Iraq were not nec- not even this United States Congress, essarily only those of the perpetrators prisoners including incidents in which de- not the Intelligence Committee. tainees were threatened with a pistol and and actors, but it showed the face of Where else does the blame lie? Di- with military dogs, prisoners were being sod- America and the face of our military rectly at the feet of Secretary Donald omized with a chemical light and broomstick and it was an unjust face. Martin Lu- Rumsfeld, the man who orchestrated and soldiers were forcing naked prisoners ther King reminded us that an injus- this war and suggested to us that weap- into compromising positions. Members of tice anywhere is an injustice every- ons of mass destruction were the cause Congress were never told the true extent of where. So why do I come to the floor of of going to war in Iraq. He misrepre- the abuses taking place; instead we were left to find out the truth when it was revealed to the House announcing my opposition sented and misled the American people to the resolution that was on the floor the general public. It is inconceivable that then and he has hidden the truth from Secretary Rumsfeld would leave both the Ex- and my ‘‘no’’ vote? Because it was the us now. He does not deserve to hold ecutive and Legislative branches of our gov- failure of the Republican leadership this office. Neither does Deputy Sec- ernment in the dark regarding a critical for- that I challenged, failure in betraying retary Paul Wolfowitz. eign policy issue. His actions clearly go the trust of the American people. And so I would ask them in a tone against the dictates and procedures of his po- Those crimes in Iraq were not partisan. that I hope will be respectful, in order sition as Secretary of Defense. They were not Democratic; they were to clean the slate and allow America to Secretary Rumsfeld’s failures in managing not Republican. They were all of us the war in Iraq go beyond the abuses of Iraqi go forward and to truly have the kind prisoners. It has become clear that he has no being shocked and outraged, and col- of dignity and respect the United control over the thousands of private con- laboratively we should have stood here States military deserves, so that we tractors and private security companies in on the floor of the House in a bipar- can build again, so that the American Iraq. In fact, the Pentagon has no records as tisan way and laid out a road map for people can be known for what they are, to the number of private individuals who are the American people on many in- compassionate and loving and believers in Iraq working on behalf of the United stances. of democracy, so that our children States Government. In addition to the ex- The first one is that it should be a bi- would understand that we too are treme danger many of these individuals are being placed in, there are numerous reports partisan, complete and comprehensive fighters for democracy, then it is ap- investigation. We should investigate that many of these individuals are taking propriate, Mr. President, that you ask part in highly illegal activities. Indeed, pri- whether or not there was a violation of for Secretary Rumsfeld’s resignation, vately contracted individuals are suspected the Geneva Convention for the Com- along with Paul Wolfowitz’. as being involved with the abuses that took mittee on International Relations. We This is not a time for loyalty. This is place in the Abu Ghraib prison. Another dis- should investigate whether JAG offi- not a time for partisan politics. Mr. turbing issue that is just now coming to cers and others who were interrogating Rumsfeld failed you. He was derelict in light is that there are currently fourteen dif- these individuals followed certain rules his duty. He was aware of this and did ferent investigations into prisoner deaths and certain parameters that would be not share this with the Congress. He that took place in Iraq and Afghanistan. Yet respectful of the human dignity. I another indication that Secretary Rumsfeld knew it on Thursday of last week when has known about the severe mistreatment of know someone is saying now, look at ‘‘60 Minutes’’ showed it on television. prisoners and has failed to act. the tragedies that happened to our ci- What an insult. We could have avoided The severity of Secretary Rumsfeld’s ac- vilian hostages and others who we saw the controversy and the sadness that tions pose grave consequences for our Na- glaring across the television screens has permeated our leadership. The tion. Let me be clear, I have always sup- just a couple of weeks ago. Let me say American people have put all of us in ported the men and women of our Armed that we all protested that in outrage. the same boat, Democrats, Repub- Forces. It is my belief that the abuse of pris- But is it for us to follow suit to those oners in Iraq has been the work of a small licans, Congress Members, House Mem- number of disgraceful American soldiers. whom we consider uncivilized and to be bers, Senate Members, administration. However, as the Secretary of Defense, he murderous terrorists? Is that the It is interesting. When they were bears the burden of the actions of the Armed model that we are to follow? I think ready to rise up against William Jeffer- Forces that he was sworn to oversee. The not. son Clinton in the impeachment over grotesque images of U.S. soldiers abusing

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.119 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2711 Iraqi prisoners are being shown around the fact, the Pentagon has no records as to the widespread abuses in the detention of Iraqi world and no amount of words can change number of private individuals who are in prisoners including incidents in which de- the effect of those images. In the short term Iraq working on behalf of the United States tainees were threatened with a pistol and our soldiers abroad now face even greater Government. In addition to the extreme dan- with military dogs, prisoners were being sod- danger in fighting this war. In the long term ger many of these individuals are being omized with a chemical light and broomstick our Nation now must address the outlook for placed in, there are numerous reports that and soldiers were forcing naked prisoners our war in Iraq that only seems to become many of these individuals are taking part in into compromising positions. This informa- more difficult by the day. As the Secretary highly illegal activities. Indeed, privately tion was known to Secretary Rumsfeld long of Defense, your leadership should help guide contracted individuals are suspected as being ago and yet the first time that anyone ever our Armed Forces to victory, instead your involved with the abuses that took place in heard of these incidents was in the release of tenure as Secretary has brought disrepute the Abu Ghraib prison. Another disturbing the horrific photos taken in the Abu Ghraib and a greater burden upon our Nation. issue that is just now coming to light is that prison. Members of Congress were never told In conclusion, it is absolutely essential there are currently fourteen different inves- the true extent of the abuses taking place; that the entire United States Congress get tigations into prisoner deaths that took instead we were left to find out the truth involved in the investigation of these atroc- place in Iraq and Afghanistan. Yet another when it was revealed to the general public. ities because it affects each and every one of indication that you have known about the The most galling indication of this cover up us as we represent constituents who cur- severe mistreatment of prisoners and have was the fact that you yourself, our nation’s rently serve in Iraq. failed to act. Commander-in-Chief, first found out about Sincerely, I sincerely hope you realize the severity of the abuse of Iraqi prisoners while watching SHEILA JACKSON-LEE, your actions and the consequences they pose Member of Congress. for our Nation. Let me be clear, I have al- national television. It is clear that the Sec- ways supported the men and women of our retary of Defense has failed the Commander- HOUSE OF REPRESENTATIVES, Armed Forces. It is my belief that the abuse in-Chief and now decisive action must be Washington, DC, May 6, 2004. of prisoners in Iraq has been the work of a taken to remove him from his office. It is in- Hon. DONALD RUMSFELD, small number of disgraceful American sol- conceivable that Secretary Rumsfeld would Secretary of Defense, diers. However, as the Secretary of Defense leave both the Executive and Legislative Washington, DC. you bear the burden of the actions of the branches of our government in the dark re- DEAR SECRETARY RUMSFELD: I am writing Armed Forces that you were sworn to over- garding a critical foreign policy issue. His to you today to ask that you resign as Sec- see. The grotesque images of U.S. soldiers actions clearly go against the dictates and retary of Defense in light of your actions re- abusing Iraqi prisoners are being shown procedures of his position as Secretary of De- garding the abuse of prisoners in Iraq. It has around the world and no amount of words fense. become clear to me and many of my col- can change the effect of those images. In the Secretary Rumsfeld’s failures in managing leagues in Congress that your continued short term our soldiers abroad now face even the war in Iraq go beyond the abuses of Iraqi leadership and management of the war in greater danger in fighting this war. In the prisoners. It has become clear that he has no Iraq is no longer in the best interest of our long term our Nation now must address the control over the thousands of private con- Nation. In my qualified opinion there has outlook for our war in Iraq that only seems tractors and private security companies in been a dereliction of duty on your part as to become more difficult by the day. As the Iraq. In fact, the Pentagon has no records as Secretary of Defense and I believe you have Secretary of Defense your leadership should to the number of private individuals who are an obligation to the American people to re- help guide our Armed Forces to victory, in- in Iraq working on behalf of the United sign your office. stead your tenure as Secretary has brought States Government. In addition to the ex- As the Secretary of Defense it is your disrepute and a greater burden upon our Na- treme danger many of these individuals are sworn duty and responsibility to oversee and tion. direct the actions of our Nation’s Armed being placed in, there are numerous reports I am asking that for the sake of our Nation that many of these individuals as taking Forces. It has become evident that not only you resign immediately as the Secretary of part in highly illegal activities. Indeed, pri- have you failed to prevent the abuse of Iraqi Defense. The men and women of our Armed vately contracted individuals are suspected prisoners, but in fact you have made a con- Forces, our Nation, and indeed the world de- as being involved with the abuses that took certed effort to cover up the extent of the serve to know that there is accountability place in the Abu Ghraib prison. Another dis- abuses taking place. You knew as far back as for failure and reckless conduct from Amer- turbing issue that is just now coming to November 2003 that Iraqi prisoners were ica’s leaders. I hope you will take my words light is that there are currently fourteen dif- being treated in a way that was inhumane to heart and resign your office for the good ferent investigations into prisoner deaths and illegal by any standard. Only now more of our Nation. that took place in Iraq and Afghanistan. Yet than 6 months later is the truth finally being Sincerely, another indication that Secretary Rumsfeld revealed. An investigation led by Major Gen- SHEILA JACKSON-LEE, has known about the severe mistreatment of eral Antonio Taguba, reported widespread Member of Congress. abuses in the detention of Iraqi prisoners in- prisoners and has failed to act. cluding incidents in which detainees were HOUSE OF REPRESENTATIVES, The severity of Secretary Rumsfeld’s ac- threatened with a pistol and with military Washington, DC, May 6, 2004. tions pose grave consequences for our nation. dogs, prisoners were being sodomized with a President GEORGE W. BUSH, Let me be clear, I have always supported the chemical light and broomstick and soldiers 1600 Pennsylvania Avenue, NW., men and women of our Armed Forces. It is were forcing naked prisoners into compro- Washington, DC. my belief that the abuse of prisoners in Iraq mising positions. This information was DEAR PRESIDENT BUSH: I am writing to you has been the work of a small number of dis- known to you long ago and yet the first time today to ask that you call for the resigna- graceful American soldiers. However, as the that anyone ever heard of these incidents tion or terminate Donald Rumsfeld as Sec- Secretary of Defense he bears the burden of was in the release of the horrific photos retary of Defense in light of his actions re- the actions of the Armed Forces that he was taken in the Abu Ghraib prison. Members of garding the abuse of prisoners in Iraq. It has sworn to oversee. The grotesque images of Congress were never told the true extent of become clear to me and many of my col- U.S. soldiers abusing Iraqi prisoners are the abuses taking place; instead we were left leagues in Congress that his continued lead- being shown around the world and no to find out the truth when it was revealed to ership and management of the war in Iraq is amount of words can change the effect of the general public. The most galling indica- no longer in the best interest of our nation. those images. In the short term our soldiers tion of this cover up was the fact that even In my qualified opinion there has been a abroad now face even greater danger in fight- President Bush, our Nation’s Commander-in- dereliction of duty on the part of Secretary ing this war. In the long term our nation Chief, first found out about the abuse of Rumsfeld and as Commander-in-Chief I be- now must address the outlook for our war in Iraqi prisoners while watching national tele- lieve you have an obligation to the American Iraq that only seems to become more dif- vision. This incident shows that you have people to remove him from office. ficult by the day. As the Secretary of De- As the Secretary of Defense it is Secretary failed the Commander-in-chief as Secretary fense his leadership should help guide our Rumsfeld’s sworn duty and responsibility to of Defense and should relieve yourself of the Armed Forces to victory, instead his tenure oversee and direct the actions of our nation’s responsibilities of your office. It is incon- as Secretary has brought disrepute and a Armed Forces. It has become evident that ceivable that you would leave both the Exec- greater burden upon our nation. utive and Legislative branches of our govern- not only has he failed to prevent the abuse of ment in the dark regarding a critical foreign Iraqi prisoners, but in fact he has made a I am asking that for the sake of our nation policy issue. Your actions clearly go against concerted effort to cover up the extent of the you ask for the resignation or terminate im- the dictates and procedures of your position abuses taking place. He knew as far back as mediately Secretary Rumsfeld as the Sec- as Secretary of Defense. November of 2003 that Iraqi prisoners were retary of Defense. The men and women of Your failures in managing the war in Iraq being treated in a way that was inhumane our Armed Forces, our nation, and indeed go beyond the abuses of Iraqi prisoners. It and illegal by any standard. Only now more the world deserve to know that there is ac- has become clear that you have no control than six months later is the truth finally countability for failure and reckless conduct over the thousands of private contractors being revealed. An investigation led by from America’s leaders. I hope you will take and private security companies in Iraq. In Major General Antonio Taguba, reported my words to heart and remove Secretary

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.075 H06PT1 H2712 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Rumsfeld from office for the good of our na- to say contrary to the administration’s It is appropriate to say there will be tion. talk about how they pass measures like investigations that will be conducted. Sincerely, this to provide for the troops, in the It is appropriate to say that there are SHEILA JACKSON-LEE, last $87 billion supplemental, the Bush future courts martial that will take Member of Congress. administration never even requested place and individuals will pay on the f sufficient funds for body armor, front line; but it is very difficult for us HAPPY MOTHER’S DAY Humvees, and dozens of other badly to continue, and when I say us, I would needed supplies that the troops need mainly want to say the majority party The SPEAKER pro tempore. Under a over there for their survival. These of this House, and for the majority previous order of the House, the gentle- items were only included in the pack- leaders of this House to look in the woman from Florida (Ms. CORRINE age because it was stuck in in this Con- face of something very wrong, very BROWN) is recognized for 5 minutes. gress. Not this administration. The much mishandled in this country as it Ms. CORRINE BROWN of Florida. Congress put those supplies in for the relates to the abuse of these prisoners. Mr. Speaker, with Mother’s Day quick- troops. I will say this is a very emotional ly approaching, I want to first thank In closing, we need to be included in thing for me due to the fact that I have all of the mothers and wish them a the strategy. The President is asking had more than four people in my dis- happy Mother’s Day and thank them for another $25 billion. What I am re- trict die in Iraq. Yes, I commend the for what they do to make America the questing from them is some trans- troops for their service. Yes, every day great place that it is. I want to thank parency. I am requesting a broader, in- on the Committee on Armed Services I in particular the American gold star clusive strategy. We are three branches make sure that we do what we have to mothers for their sacrifice and for the of government, not a dictatorship. do to make sure that they have the sacrifice of their children by answering America needs a plan for Iraq, Mr. equipment that they need to protect the call of duty to their country. President, one that does not involve themselves, to make sure that Reserv- Let me be clear: I support our troops hundreds more American troops going ists that signed up to defend their 100 percent. I would like to honor our home in body bags. country if need be, that they are able brave troops, all the military families In November, the American people to make ends meet. and all that they do and have sacrificed will have their say. Do not forget the We commend our troops every day. for our Nation. I want to emphasize 2000 election because it does matter We appreciate their patriotism. We that I do not want our troops to be the who is in charge. have over 120,000 troops in the Middle scapegoats for this administration’s Ms. JACKSON-LEE of Texas. Mr. East, not even counting the individuals failed policies. What is going on in Iraq Speaker, will the gentlewoman yield? that are providing civilian services and right now is just another example of Ms. CORRINE BROWN of Florida. I contract services throughout the this failed administration policy. yield to the gentlewoman from Texas. world. And where is the leadership on this? Ms. JACKSON-LEE of Texas. I thank But I must say that Secretary Rums- Where is the President? This adminis- the gentlewoman for what she has said. feld, with him having the number one tration is once again missing in action. I want to join her in her salute to job at the Pentagon and being the Sec- MIA. At this exact moment, with all of mothers with a happy Mother’s Day, retary, should resign from the Depart- the uprising in Iraq, our troops are but also let me say that my heart goes ment of Defense. The reason we are being placed in the most dangerous po- out to mothers who have lost children calling for his resignation is not be- sition. And although I pledge to do ev- in the war in Iraq and Afghanistan. I cause he happens to be a part of the erything within my power as an elected thank the gentlewoman for acknowl- Republican administration or we dis- official to ensure that our servicemen edging them. I acknowledge my mom, agree with Secretary Rumsfeld with and women have the equipment and re- Ivalita Jackson, at this time. I thank his strategy towards the war. It is to sources they need to carry out their the gentlewoman so much and happy save American lives. It is just that mission, I find it disturbing, in fact, Mother’s Day to her. simple. misleading that President Bush con- Ms. CORRINE BROWN of Florida. American troops will be terrorized tinues to hide the truth about Iraq Happy Mother’s Day to all of the moth- even more now in the Middle East than from the American people. ers. they have been over recent weeks and In fact, up until yesterday, the ad- f days due to the fact of the humiliation ministration was saying that another b 1645 of Iraqis and pictures that we will supplemental appropriation request never live down. The Iraqi people will would be unnecessary until after, by CALLING FOR RESIGNATION OF never live it down, the Arab world will the way, November elections. To me, SECRETARY RUMSFELD never live it down because their pic- however, it seemed more than likely The SPEAKER pro tempore (Mr. tures are all over the Internet, The that this administration knew all COLE). Under the Speaker’s announced Washington Post, CNN, any network along that they were going to need ad- policy of January 7, 2003, the gen- Web site. You can definitely pick them ditional funding. Unfortunately, this tleman from Florida (Mr. MEEK) is rec- up by just picking up the New York new request of $25 billion in supple- ognized for 60 minutes as the designee Times. The Washington Post today has mental spending for Iraq is just an- of the minority leader. a picture of one of our soldiers with an other example of the administration’s Mr. MEEK of Florida. Mr. Speaker, it Iraqi prisoner on a dog chain. pattern of covering up the facts and re- is a pleasure to address the U.S. House We all condemn these acts. There is fusing to share information with the of Representatives this evening and nothing wrong with condemning them, American people. Although the Amer- also the American people. but there is something fundamentally ican public demands to know the truth This hour every week the Congres- wrong for the President of the United about the cost of the war, time and sional Black Caucus comes together to States not to be able to say, I am sorry time again the administration has de- speak to the people of the United or someone in my administration, or I nied them the opportunity to get the States about issues that are facing our was wrong. I will share with you as a full story. Moreover, the Republican country, how we can play offense in Member of Congress and somebody who leadership in Congress refuses to fulfill certain areas to make sure that we has been elected for 10 years, there are its constitutional obligation to act as a stay a vital and sovereign country. But days I have to admit that I am wrong. check and balance on the executive today I must say it is a very difficult There are days that publicly I have to branch. day to stand here in this House of Rep- say that I made a mistake. There are With this $25 billion, our country’s resentatives and be able to share with certainly days I have to say I am sorry, taxpayers will be forced to spend over the American people that we have to not even my constituents when I $200 billion for this war. How much grave issues with the leadership of the make a mistake, but also to the Amer- more will we need in the future? No Bush administration as it relates to ican people. one knows because the administration the handling of what has happened to But I will say, this is not the time to does not tell us anything. I would like Iraqi prisoners in our custody. shield the administration, the majority

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.077 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2713 party in this Congress, to shield the Pictures, the President said today in plores and condemns abuse of persons President because this is an election his press conference we are sorry that in the United States custody in Iraq re- year, or to shield Secretary Rumsfeld these pictures have given an image of gardless of the circumstances.’’ And because he is going to be before the Americans that we are insensitive. I then it goes on to talk about a handful. Senate and before the Committee on am sorry about the pictures. Sorry It says ‘‘declares the alleged crimes of Armed Services at 3 by putting forth a about the pictures and the act are two a handful of individuals should not de- resolution saying we commend the different things. tract from the commendable sacrifices troops’ service in Iraq. We need to make sure, Mr. President, of over 300,000 members of the United We commend them. We appreciate and to the majority party here in this States Armed Forces who have them. We love them. Members of the Congress, we need to protect our troops served,’’ and it goes on. minority party here on the Democratic in harm’s way. We need to make sure I think in and of itself the word side, we are fighting for up-armoring we do that. If we do not remove Sec- ‘‘handful’’ is very, very upsetting to Humvees. We fought to make sure that retary Rumsfeld from the position of me. We do not have a clue at this junc- individuals had Kevlar vests. We are Secretary of Defense, we are letting ture as to how extensive this abuse is. working to make sure that the Reserv- the world know that we are not really We have a situation where we know ists called up on a 12-month call, that sorry. We are letting the American that there are officers, military offi- they can get home in 24 months or even people know that we are not really cers, who are in the various pictures. shorter because their families are sorry. We are not doing that. I will We know about the report that was going through a lot. share with you that we cannot fall written by the military, a very exten- But for this administration, and as it short of that. sive report that Secretary Rumsfeld relates to the economy and other This is not the first mistake, this is just recently said he had not read; but issues that have taken place in this not the first blunder, but this is a seri- the fact is that this is a situation that country, where the President has ous, serious issue. I do not think the certainly calls for us not early on lim- hunkered down and said they are my American people, and definitely some iting this to a ‘‘handful’’ of military friends, we are in this together, and we Members of this Congress, understand personnel, or a ‘‘handful’’ of individ- are going down together, he cannot do the gravity of this situation. This is a uals, but it is one where we should be that this time. I do not want the Presi- very, very difficult situation dealing simply asking the question what hap- dent to have to fire Secretary Rums- with some very, very dangerous indi- pened here in Iraq at the Abu Ghraib feld, but that may have to happen. I viduals that will use these pictures to prison. Do we have similar cir- am hoping that Secretary Rumsfeld fuel more terrorism, show them to cumstances in Afghanistan? Do we understands on behalf of the country young Arab children and say, this is have similar circumstances at Guanta- and on behalf of protecting American what America thinks of you. We have namo Bay? troops abroad and also on behalf of pro- to be able to push back by saying that I think when all is said and done, the tecting Americans and shielding us is not true, we removed the individuals resolution that we passed today that I against additional terrorist attacks in that were in control. It was not just voted against will be inaccurate in de- this country, that not only should the front line individuals that were held re- claring that there were only a handful world see it, but America sees it. sponsible; and it is very, very impor- of individuals. This is a huge mistake. This is a mis- tant that we do that. b 1700 take that is going to cost Americans Before I yield to the chairman of the One of the other concerns that I had their lives. I hope that he would be Congressional Black Caucus, I just about this document was that it talked leader enough to say, you know, Mr. want to make sure that the American about the military investigating this President, I did the best I could, but I people understand that this is not a matter as if the Congress consisted of a know the circumstances that we are partisan issue. When our troops are bunch of potted plants sitting in a win- living under now, and I know the pres- taken hostage or a civilian employee is dow doing nothing. This is a Congress sure being put on the United States taken hostage, I guarantee Members that voted with regard to the Iraq War. and I know this endangers our troops that we, although preferably not, will This is a Congress that has stood up even more. Personally, even though I see something similar to this if we do over and over again talking about its did not have my hands on these indi- not respond to it in a very strong way. love for our military. This is a great viduals, I resign. Not to say by him re- Mr. Speaker, I would also say that Congress. But the fact is that when we signing this issue goes away, but it at the President has spoken out and has stand to the side and say to our mili- least shows Americans and the world done the right thing for less. I will say tary to go and investigate themselves that we have some level of account and that this situation is not a time to say and then send us a report from time to balance. that we are not going to allow certain time, I think it sends a horrible mes- I think it is very, very important for Members of Congress to ask for the sage not only to the military, and I us to understand that, one, we have Secretary to step down. American lives will explain that in a moment, but it over 120,000 American troops in uni- are at stake. also sends a horrible message to the form overseas; two, we have Americans Mr. Speaker, I yield to the gentleman Muslim community and to the world. that live here in the United States that from Maryland (Mr. CUMMINGS), chair- Why do I say that? It would appear need protection and we need the Arab man of the Congressional Black Cau- that there has already been substantial world to be with us, or some of our al- cus. finger pointing within the military lies in the Arab world to be with us in Mr. CUMMINGS. Mr. Speaker, I itself. The people who are caught in the our efforts against terrorism. As a thank the gentleman for his leadership picture, some of them have said that member of the Select Committee on and service. I want to very briefly dis- they have got orders from higher-ups. Homeland Security, terrorism is alive cuss some points. This afternoon there The person who was in charge of all the and well in the world; and we need as was a vote on a resolution to condemn prisoners there said that she did not many friends as we can get. those folks, military and otherwise, even have much of any authority on So chastising Mr. Rumsfeld in the who did these despicable acts to pris- this particular cell block. Oval Office, as is referenced in the New oners in Iraq. As soon as I got back to So then there is finger pointing in York Times today, is not enough to let my office, Mr. Speaker, I was asked by the military in and of itself. There are individuals know that we are sorry and several papers and news outlets why is also allegations that civilians were in- that we are working towards corrective it that you voted against the resolu- volved in all of this. So the question action to make sure that does not hap- tion, joining some 50 other Members in becomes not whether the military can pen again. Going on television, going doing so. effectively do a good job of inves- around on Arab television and saying I guess the thing that I would have to tigating itself, the question becomes is this is not how Americans see the war, say is timing. Here we are, we had a how will the investigation appear to this is not how we look to fight against resolution which basically said, and let the world when we have already gotten terrorism, we denounce the acts of the me quote it, it says, ‘‘Resolved, That finger pointing within the military pictures, that is not saying anything. the House of Representatives (1) de- itself?

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.122 H06PT1 H2714 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Just the other night, I was at the certain folks that may have been in the comes have we violated that moral au- Howard County Muslim Council at a chain of command. And as soon as I thority when we do not address these dinner in my district. And as I listened heard that, I said it is too early. It is problems? and I talked to members of the Muslim too early to be reprimanding anybody Finally, let me say this: that no one community, some of them with tears in because I do not see how they can rep- will stand behind one of these podiums their eyes talked about how offensive rimand when they do not know the full and even begin to suggest that we have these pictures were and how offensive extent of the alleged offense. a lot of our military that could fall in the allegations were to the Muslim It does not make sense. So when our the category of the folks who did these people, not only because of who they friends in the Muslim community and kinds of despicable acts. No, we will are, not only because of their culture, when our friends in the world hear never do that because we do not believe but also because of their religion. And that, the question is, is this a slap on it. I believe in my heart that 99.9 per- one of the things that they talked the wrist to reprimand someone for cent of our military would never en- about was whether they could now being a part of a process that caused gage in this kind of activity and would trust the United States to do a fair job other people to go through indignities find it despicable just as the Congres- in providing a transparent and thor- and to be offended to such a great ex- sional Black Caucus finds it despicable. ough investigation of these types of tent? I just think that that sends a But the fact is that we must get to the acts. And one of the things that they wrong message to the military when bottom of this so we also protect their asked me to do is just ask the question they hear that there is going to be a reputations, so that we pull out those why not a tribunal? Why not a world- slap on the wrist early on before a true who would do these kinds of things so wide investigative agency look into investigation by the military or by the that the others can say, okay, fine, this so that when the message is sent Congress or by an international tri- now we have now rid ourselves of those back to the world, the world will be bunal-type organization is done. who have no respect for human dignity, satisfied that we have done all that we It sends a terrible message. And the who have no respect for the beliefs of could to investigate every single message that it sends is that, although others, who have no respect for the cul- human being, be they military or civil- millions of people have been offended ture of others, who have no respect for ian, that had anything to do with these by these acts, that they do not measure human life. kinds of despicable acts no matter up to the kind of investigation and the And I end on that point in that there where they may fall in the line of com- type of justice that they should be sub- have been even allegations that there mand? jected to. And that is a major problem have been deaths, and again, when we So what they want is an investiga- because we do not want anyone believ- give a slap on the wrist, we never get tion which is thorough and one that is ing, whether they are in the military to the question of did people die at the transparent and one where they can or whether they are civilian, that this hands of our military? Are those feel comfortable that all of those in- kind of conduct is all right. deaths being hidden? And that is why I volved will be brought to justice and Finally, the other audience is the could not, for the life of me, under- that they will be punished accordingly. American people and our soldiers. The stand why we would restrict this to a So that is so very important that we do American people have stood up over handful of folks, a handful, and I think that. and over again, as has the Congres- that does a disservice to our military, The other thing that concerned me sional Black Caucus, for our troops. I think it does a disservice to our coun- here was that we talk about inves- They believe in our troops, for they are try, I think it does a disservice to the tigating a handful of people and we our sons, our daughters, our mothers, world. talk about wanting to make sure that our fathers, our aunts, our friends. Mr. MEEK of Florida. Mr. Speaker, I these investigations take place, but as They are the ones who live in our am so glad that the chairman shared I said a little bit earlier, what is the neighborhoods. They are the ones who with the American people and Members Congress’s role in all of this? We have coach the Little League baseball team. of the House on how dangerous this sit- a duty. We have a duty to look into They are the police officers when they, uation is for our troops in Iraq. And, these matters. We have a duty as a as National Guard, would go away on Mr. Speaker, I am going to enter for Senate and the House to look carefully weekends and now they are serving for the RECORD a statement of why I voted at every aspect of all of this because more than a year, but they are our against a resolution today and I will one of the things that we do that no neighbors; so we all care about them. hand it to the Clerk. other organization on this level does in We also are in prayer for them for we But I think it is important for dis- this country is we set policy not only realize that they are in harm’s way. It cussion points to the fact that the Pen- for this country, but quite often policy pains us tremendously when we go to tagon knew to contact 60 Minutes II 2 that affects the world. Walter Reed Hospital and see our weeks ago, when they wanted to run And if we are not gathering informa- young men and young women with am- the story of these pictures and what tion ourselves to make sure that we putations of the leg and of the arms. It has happened to these prisoners and have a complete understanding of how pains us tremendously when we see pic- they were guaranteed once, if other these kinds of acts could take place tures on the front page of The Wash- news organizations were moving forth, and whether there were people asleep ington Post and The New York Times if they were to just stand by and allow at the switch or whether there were of caskets, rows and rows of caskets, of the Pentagon to take another look at folks who simply did not care or our young people coming back in these this that they would be given an exclu- whether there were people who just steel caskets. It hurts and it pains us. sive interview. failed to read reports, and then to But the fact still remains that, as the Those kinds of things, when a news claim that they had no knowledge of gentleman from Florida (Mr. MEEK) organization, 60 Minutes II, or 60 Min- the information, or whether those who said a few moments ago, if we send a utes period, when they call, I mean it had an obligation to let the Congress message to the world, and that mes- is kind of difficult for me to even just know and the President know of these sage is that they get a slap on the wrist comprehend or understand that the atrocities and did not, we need to have when the world has seen these kinds of Secretary of Defense had no knowledge that information so that we can set pictures, the question becomes what of what was going on in this prison. policy to make sure that it never hap- happens when our military folk or That is one fact. pens again and so that we can send a when our civilians are captured? Does The second fact is the issue on Janu- powerful message, a very powerful mes- it become a tit for tat: If you did it to ary 13 of 2004. sage, to the world that we have done me, I will do it to you? all that we could do. One of the things we in the Congres- b 1715 The other audience that we send a sional Black Caucus has said over and A soldier gave a disk of pictures to a message to is our military. Early on in over again is that we stand up for the brass commander to let him know what this process, we would read reports moral authority of this country. Not was going on. The Ryder report never where the President and others and the military authority, the moral au- made it up the chain of command, that military brass said we will reprimand thority. And the question certainly be- is what someone has said. But I will

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.124 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2715 tell you, we are going to continue to sponse from this administration, that United States. I am very, very con- have problems, and even more prob- you are going to have the true Amer- cerned about the increased attempts lems, if we slow-walk this thing, if we ican spirit break through many of the and achievements of terrorism, of ter- politic this thing in a way of trying to troops that know different. They are rorists achieving their goal of killing shield the administration and the going to blow the whistle on them. Not American troops. I am concerned about President. I can care less about shield- blowing the whistle on them because the diplomatic community, about the ing someone. I do care about protecting they are an Independent or member of CIA agents that we have working with- American lives. I am glad the gen- the Green Party or the Democratic in terrorist organizations to try to tleman addressed that. Party or the Republican Party that weed out terrorism before it happens. I Mr. CUMMINGS. Mr. Speaker, if the disagrees with the President. They are am concerned about those individuals gentleman will yield further, I just going to blow the whistle to save lives that are contract company workers think the gentleman is absolutely of Americans, because they know the that are civilians that are there trying right. We have to stand up for what is tension and how Americans are treated to fight with us in this war on ter- right. I heard the gentleman say a lit- abroad now. rorism. I am concerned about their tle bit earlier that you do have to leave You have people that are living over- safety. the politics at the door. seas that they would not wear a flag, or I do not have a lot of patience for the When I saw the picture, and the gen- you have some ambassadors that are President to call the Secretary of De- tleman showed it today a little bit ear- not flying the American flags on their fense into the office and chastise him. lier, I know he showed it at a news con- cars due to the fact of terrorism, of That is what you do to a teenager when ference and it has been on the front them being a target. they stay out too late. This is the secu- page of so many papers, where a lady If we are going to be the leader of the rity of the world. This is the security soldier has what appears to be some- free world, then we have to be the lead- of the United States. This is our fu- thing similar to a dog chain, dog leash, er. We have to be able to lead in a way ture, how our children will live, how around the neck of a naked Iraqi pris- that lives up to that title. our grandchildren will live. oner, and he is on the ground naked, I will tell you, today earlier when we No one is going to stop a troop and and it looks as if she is trying to pull had a press conference about Secretary say, wait a minute, are you a Repub- him around. Rumsfeld, if you have a basketball lican, before I kill and torture you. I tell you, when I think about any team and they are not doing well, They are not going to do that. They are person, sometimes I think that we need sometimes you have to remove the not going to ask you if you are black to pause and try to put ourselves in the coach. or Hispanic. Well, who do you support? position of people who may be suffering I will tell you right now, I am not They are going to kill you and torture through something, and I think if we one to stand up on a daily basis or I do you because you are an American, be- imagine our son or imagine our father not remember a time in my career that cause we are not responding in the way or imagine our daughter being dragged I have asked for someone to step down. we should respond. around on a leash like a dog, I think it I really have not. It is not something I implore the administration and Mr. would cause you to say, wait a minute, in my nature. I feel it is something Rumsfeld, please do not try to low-ball hold it. that someone will say, well, I am not and low-roll this thing, to say we are I want to get to the very bottom of performing the job in a way that I going after some low-level individuals, this. There have been diaries, at least should perform it on behalf of espe- and it does not rise to the level of the one diary I know of, that has been fea- cially the lives of troops that are over- Pentagon. The Pentagon did know. I tured in the Baltimore Sun, in my seas, that are fighting right now as we am pretty sure they did know. We will newspaper, as to how a gentleman in are here on this floor, fighting on be- have very good evidence in the very the military described and talked half of Americans and fighting on be- near future. But why do we have to lose about how deep this thing went. In half of making sure that we are able to additional American lives, and then other words, it was not a little handful make advances in the Arab world, make sure that the world knows that of people. They are talking about com- fighting on behalf of creating and try- we mean business about this? mands coming from people beyond the ing to maintain democracies, that Passing resolutions to clear our con- prison cells. In other words, loosen their lives are at stake and we want science so we can go home and spend them up, they were told, or put them them to come home. We want them to the weekend and say we passed a reso- in a position so they will confess to come home. We want to make sure lution condemning and commending certain things and provide certain in- they get home to their families. our troops is not enough. formation. I just want to share a few things. Mr. CUMMINGS. Mr. Speaker, if the I just think that we in the United 135,000 soldiers are in Iraq right now; gentleman will yield further, I do be- States, as I said before, we have done 767 and counting have died since the lieve, to pick up on the very last state- well because of moral authority. Just war. Nearly 40 troops have died since ment that the gentleman made, so the words ‘‘moral authority’’ are so these pictures were released last week. often it is easy to pass a resolution powerful. I will tell you that I am just getting clearing one’s conscience; but I do be- I would hate to think that countries goose bumps by just mentioning those lieve also that, as a reporter asked me, all around the world would begin to numbers. But I also feel for those indi- she said, why did you want to vote say, Wait a minute, hold it. You are viduals from the Middle East that are against this resolution? Now you got to telling us about moral authority? You Americans, that are fighting in the spend all this time with me explaining are telling us about how to treat in- armed services, that are paying taxes it. mates? You are telling us about how to every day, that hate and despise and What I said to her was that perhaps address issues in a humane fashion? pray against future terrorism, that my explaining it and explaining why I And then they just would throw out they are wearing the flag on their wanted an extensive congressional in- the pictures and say, well, it is a prob- shoulder, they are carrying that M–5 vestigation, why I wanted an investiga- lem. We are not going to do that. If machine gun. They are taking the bul- tion to go beyond the military inves- that is the way you do it, you cannot lets; they are losing limbs. And to have tigating itself, why I wanted to send a suggest to us what to do when we see people of the same hue, people that live strong message to the world, the Mus- what you are doing. in the Middle East, being treated like lim world, American world, all over the That is what we have to be concerned these pictures depict that they are world, about how serious we consider about. That is part of the reason why it treated, or depicting how they have this matter to be, perhaps that might is not just a political issue. It is not a been treated, I will tell you, from what very well save some lives, not just political issue. It is a humane issue, I have seen thus far and what has been today, but for many years to come. how human beings should be treated. reported thus far, we have not even Just yesterday, Secretary Powell Mr. MEEK of Florida. Mr. Speaker, broken the ice on this issue. came before the Congressional Black reclaiming my time, what is about to I am very, very concerned about the Caucus for an hour and 15 minutes, and happen is due to the lack of top-end re- future of our security here in the I shall never forget the expression on

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.126 H06PT1 H2716 CONGRESSIONAL RECORD — HOUSE May 6, 2004 his face when he said he had read the APPOINTMENT OF CONFEREES ON of poverty, you are eligible for addi- report, and when he said that he found H.R. 2443, COAST GUARD AND tional help. If you are a business or an the acts to be terrible and horrific. But MARITIME TRANSPORTATION industry or a worker, you are entitled he also said something else. He said, ‘‘I ACT OF 2003 if you work, but do not make very promise you we will get to the bottom The SPEAKER pro tempore (Mr. much money, you are entitled to an in- of this.’’ That was yesterday, and here COLE). Without objection, the Chair ap- come tax credit. If you are a farmer we are today saying a handful of indi- points the following conferees: and the prices of the products you sell viduals committed some acts that were From the Committee on Transpor- are low, you are entitled to a supple- so despicable. tation and Infrastructure, for consider- ment to build it up, that income, a lit- ation of the House bill and the Senate tle more for those farmers to keep the The thing that is so amazing is that farmers in business. This Congress and I do not even see how we could even amendments, and modifications com- mitted to conference: the United States has been very gen- have words like that in the resolution, erous with other people’s money. In because it does in fact say to all those Messrs. YOUNG of Alaska, COBLE, DUNCAN, HOEKSTRA, LOBIONDO, SIM- fact, so generous that we are now fac- people that may have been involved, MONS, MARIO DIAZ-BALART of Florida, ing the dilemma of a huge debt and say there are similar acts in Afghani- OBERSTAR, FILNER, BISHOP of New York huge promises that I call entitlements, stan, Guantanamo Bay, other cell and LAMPSON. unfunded liabilities. blocks in Iraq, well, it looks like we For consideration of the House bill The domestic discretionary spending got off pretty easy this time. It looks and Senate amendments, and modifica- that goes in the appropriation bills, like we will be okay. We got a little tions committed to conference: along with defense, is 16 percent. De- fense is 20 percent. With the Iraq and reprimand going on, and we will be Mr. COX and Mr. THOMPSON of Mis- fine. sissippi. Afghanistan war, it has gone from So I want to thank the gentleman for There was no objection. about 19 percent up to 20 percent, and then interest, interest, interest on this his vigilance, for standing up for people f increasing debt. that do not even know, perhaps, that b 1730 The interest cost for this country is we are standing up for them. They may now about $300 billion a year to pay in- not even know that those statements TUTORIAL ON FEDERAL GOVERNMENT FINANCES terest at a rate that is the lowest, al- that we make today may very well most the lowest in history, but a very save lives tomorrow. The SPEAKER pro tempore (Mr. low interest rate. Alan Greenspan, the Someone asked the question, they COLE). Under the Speaker’s announced chairman of the Federal Reserve, has said to the Congressional Black Cau- policy of January 7, 2003, the gen- now suggested that there is no ques- cus, why is it that you stand up over tleman from Michigan (Mr. SMITH) is tion that eventually interest rates are and over and over again? Why is it that recognized for 60 minutes as the des- going to go back up again, and that, ignee of the majority leader. you stand up and so often you do not compounded by the fact that we are in- Mr. SMITH of Michigan. Mr. Speak- win? You may not win this battle. creasing the amount of debt that we er, this afternoon I am going to give have to pay interest on, it is antici- But our response has been one of sort of a tutorial on Federal Govern- pated that within the next 20 years, in- clarity, and it simply says that we may ment finances. This is the 195th birth- terest on the debt will be one of the not win, but we will set the trend. We day of Abraham Lincoln and, in his fa- largest pieces of pie. may not win, but we will stand up for mous Gettysburg Address, he sort of What does that mean to future gen- what we believe in and know that indicated, can a Nation of the people erations? What does that mean for our somebody is listening. We may not al- and by the people and for the people kids and our grandkids. I am a farmer ways win, but we do know that by long endure? Of course, the challenge from Michigan, and the tradition on being silent it is far worse, because it of the Civil War was a huge challenge. the farm has been you pay off some of appears that we go along with things as But I would suggest, Mr. Speaker, that that farm mortgage to try to give your they are, and silence basically is giving a challenge even greater than the wars kids a little better chance at a better consent. might be the willingness of the United life than you might have had. But in So I want to thank the gentleman for States, the House and the Senate and this Congress, what we are doing is yielding and want to thank him for his the President, to deal with real finan- going the other way. We are building cial problems and, of course, the finan- leadership. up a debt, we are building up obliga- cial challenge before us is overspending tions because, somehow, we think the Mr. MEEK of Florida. Mr. Speaker, I and overpromising. problems we have today are so great thank the chairman. I am glad he is This is a pie chart of how we spend that it justifies us borrowing money here, and we appreciate his service. Federal Government money. We see at from our kids and our grandkids and We are going to continue to stand up the bottom piece of the pie is the 21 making them pay for the overspending on behalf of the American people, need percent that is spent on Social Secu- that we are pushing on them today in it be defense, need it be education, rity right now. Then, as we go around, this Congress. need it be this issue dealing with Iraq. Medicare is 12 percent. However, it is Right now, we are in the midst of a I thank the gentleman for being here interesting that Medicare is expected budget decision in conference com- tonight, and I thank the Black Caucus to be a greater piece of the Federal pie, mittee with the House and the Senate, for continuing to do what they are if you will, a greater percentage of trying to figure out a budget of what doing. total Federal spending than Social Se- we are planning on spending for the 05 curity within the next 25 years, be- budget, that means the 05 fiscal year Mr. Speaker, as I close, I just want to cause it is growing very quickly. Med- starting September 30, October 1 of 04, say that we must have the annals of icaid is 6 percent, also growing, and and going for 12 months until October this House and the annals of history that is growing with the increasing 1 of 05, that is called the 05 fiscal year here in the United States to reflect number of seniors that are spending all budget, and that is what we are work- that pictures that continue to come of their savings, as they have spent ing on, that is what we are arguing out about the abuses of what took $40,000 or $50,000 or $60,000 per year on about. place in Iraq or what is taking place in nursing home care, and then after all This year, the good news is it is prob- other parts of the world, that we con- of their finances have been depleted, ably the most lien budget that we have demn them, and we salute our troops; then they go on Medicaid and the Fed- had since 1996. But still, it is growing but at the same time our response is eral Government starts paying nursing at between two and three times the imperative and needed to be able to home care. rate of inflation in terms of the in- continue this effort against terrorism Other entitlement programs, 10 per- creased expansion of that spending, the and have friends in the world that are cent. Entitlement means if you reach a increased size of government, taking willing to be with us. certain age, if you reach a certain level money away from the people that have

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.127 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2717 it and coming up with new programs we are spending in this Congress, and pete in a world market on much of and new entitlements and new discre- right now we are looking at a budget their production. It is probably one of tionary spending. That means that this that is going to spend $2.4 trillion. But the reasons why there is a lot of dem- year, we can anticipate in 04 we are if we add Social Security, about $12 onstrations in the street with farmers looking at a debt that is going to be trillion to the unfunded liability, it and workers saying, I have to have close to $600 billion. Next year the debt adds up to $23.5 trillion unfunded liabil- more money, because you are taking is going to be approximately $530 bil- ity. That means that we would have to too much out of my paycheck. lion. We are spending more than what come up with $73.5 trillion and put it in In Germany right now, the payroll is coming in, and this just adds on to a savings account today that is going tax to accommodate senior citizens has how much interest we are going to be to earn in interest at least equal to in- just gone over the 40 percent mark. paying in the future. flation and what is called the time That means it is going to be tougher if Mr. Speaker, we are a country that is value of money, pretty much the inter- we do not deal with these programs in about, let us see, where are we, 228 est rates, to accommodate the in- the United States, if we put the solu- years old. In the first 200 years of this creased money that is going to be need- tion off, number 1, the longer we put country, we were very frugal and we ed over and above what people are pay- off the solution, the more drastic the have gradually accumulated a debt in ing in on their taxes to accommodate solution is going to be; and number 2, if that first 200 years of $500 billion. Now what we promised in Social Security, we have to start taxing our businesses, we are going deeper into debt, over $500 what we promised in Medicaid and it is going to put them at a competi- billion a year. Medicare to keep those promises. A tive disadvantage that much more than Now, how do we get the discipline? huge challenge. what it already is with other countries. How do we get the intestinal fortitude Why do we not pay attention to the Now I am going to talk about Social to say, look, we are going to quit play- obligation that we are passing on to Security. The Social Security program ing politics and start doing what is our kids and our grandkids? I think, was started in 1934 by Franklin Delano right for our kids and our grandkids in number 1, it is such a huge problem Roosevelt, after the Great Depression, terms of the overspending and the that it is easy to overlook it. It is easy when people, old people were going to overpromising. Let me just mention what happens to for some people to say well, if the econ- the poor house. The President said, a Member of Congress when they go omy would get better, maybe we could look, let us start a program where we home to their district. If they take solve these problems. have a law, a requirement that while But let me just talk about Social Se- home pork barrel projects, and pork you are working you put some of that curity for a minute. Our retirement barrel projects, as far as the line items money aside to make sure that you benefits are based on how much you for pork barrel projects that individ- will be more socially secure when you are earning. So if you are earning a lot uals take home: new libraries or new retire. So we passed the Social Secu- jogging trails or new whatever, or new now, that means eventually when you rity Act in 1934. It started in 1935. promises of new programs, or keeping retire at 65, you are going to get a lot Here is how Social Security works. some historic monument in their more in Social Security benefits. So an Benefits are highly progressive and hometown open, their chances of get- expanded economy, the way we have based on earnings. So the more you ting reelected are greater, because they written the Social Security law, does earn, the more you will get out in ben- get on the front page of the newspaper, not fix the problem of Social Security. efits when you retire. At retirement, The unfunded liabilities, and I am maybe cutting the ribbon and they get all of a worker’s wages up to the tax on television. going to show my colleagues unfunded ceiling are indexed to present value So in pleasing a lot of the American liabilities, Mr. Speaker, in a different using wage inflation. way, and that is at what percentage of population that is, in effect, saying, b 1745 give me more government, because it our total general fund budget is going Well, what that means is we have helps get some of these Members elect- to have to be used to pay the difference continued to raise the ceiling on how ed, we end up with a lot of Members between what is coming in in the pay- that tend to want to make more prom- roll tax, the FICA tax, compared to much we charge the 12.4 percent Social ises, to solve more problems. But it is what is going to be needed to keep Security tax on and currently that is just so important that we remember promises. $89,000. So when I say up to the ceiling, where government gets its money is In just 16 years, in 2020, it is going to that is $89,000. And when I say indexed two ways: We either tax people that use 28 percent. We are going to need 28 at present value, that means that we are now working and now earning percent of the general fund budget to have a wage inflation factor. So what money and take the money away from accommodate the unfunded liabilities, you have earned over the last 35 years, them to start these new programs, or what we need to pay in addition to the what you were earning, for example, 15 we borrow the money and say, well, FICA tax, the payroll tax for Medicare, years ago, and if wage inflation doubles somehow, sometime, future genera- Medicaid and Social Security. By 2030, every 15 years, that $20,000 job 15 years tions are going to have to pay it back. we are going to have to come up with ago would be added on in terms of de- It is a challenge that somehow we must over 50 percent. About 53 percent of the termining what your benefits are on, face up to. That is one of the problems general fund budget is going to have to that $20,000 would be up to $40,000, what of overspending. be used to accommodate keeping the that job is paying today. Now I want to discuss for a moment promises for those three promises, a That is how we figure Social Security overpromising. Here is our main over- huge challenge. benefits. The best 35 years of earnings promising programs, our entitlement Let me say why I think it is so seri- are averaged. If you only work 30 programs. Medicare Part A, which is ous. That is because ultimately, this years, there are 5 years that are the Medicare program that is mostly overspending and overpromising is thrown in at zero. for hospitals. Medicare Part B, the pro- going to mean tax increases some time The annual benefit for those retiring gram that is mostly for doctors. Medi- in the future. in 2004, here is how it is progressive. care Part A is an unfunded liability of The equivalent payroll tax in France Ninety percent of earnings up to the $21.8 trillion, Medicare Part B, $23.2 right now to accommodate their senior $7,344. So if you are a very low-income trillion. The Medicare drug program benefit programs is over 50 percent. wage earner, you get 90 percent of what that we passed last November is esti- Now, what does that mean to a busi- you were making back in Social Secu- mated, and this is from Tom Savings, ness in France? It means they are ei- rity benefits if that was your average these figures, an actuary for both ther going to have to increase the price for 35 years. Over the 7,300 you get 32 Medicare and Social Security; he is es- of their product to accommodate that percent of the earnings between the timating that Medicare Part D, the kind of payment, or they are going to 7,300 and the 44,268. And over the 44,000, prescription drug program, has an un- have to reduce the wages that they pay you get 15 percent of everything over funded liability of $16.6 trillion. those employees. I mean that is prob- that 44,000 level. It is hard to conceive how much $1 ably one of the major reasons why it is So that is progressive in benefits to trillion is. But compare that to what difficult right now for France to com- the extent that if you are a very high-

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.129 H06PT1 H2718 CONGRESSIONAL RECORD — HOUSE May 6, 2004 income worker, you will be getting maximum Social Security tax, are Social Security has a total unfunded back maybe 15 or 16 percent of what going to be retiring and drawing out liability of over $12 trillion. The Social you paid in; and if you are a very low- the maximum Social Security benefits. Security trust fund contains nothing income worker, you will get 90 percent And that is why the insolvency is com- but IOUs. And to keep paying promised of what you pay in. ing very quickly. Social Security benefits, the payroll Early retirees receive adjusted bene- The insolvency on Social Security tax will have to be increased by nearly fits. If you decide to retire at age 62, will be here some time between 2016 50 percent or benefits will have to be the actuaries have figured out on aver- and 2018 according to the actuaries’ re- cut by 30 percent. age how long you are going to live. So port. Insolvency is certain. We know Social Security is not a good invest- if you are very healthy and you think how many people there are, and we ment. And so one way to fix Social Se- you are going to live longer, then you know when they will retire. We know curity is getting a better return on the are better off to wait until you are 65 when people will live longer in retire- money made in. And that is why many to retire. If you do not think you will ment, and we know how much they will people, including President Clinton, in- live very long, it will probably be bet- pay in and how much they will take cluding President Bush, including my- ter to retire early at 62. out. So we know that Social Security self and other Members have suggested I added this last blip because, as I is insolvent. We know that it is going let us look for a better way to get a have given speeches across Michigan to take $12 trillion in today’s dollars, better return on the money that people and across the United States, a lot of put into a savings account to accom- pay in on their payroll taxes. The aver- people say, well, there is a lot of cheat- modate what we need to pay out, prom- age return is 1.7 percent for retirees on ing going on with supplemental secu- ised benefits, over and above what is Social Security. If you are a minority, rity income paid out by the Social Se- coming in in the pay roll tax. because black young men have an aver- So do we start using the income tax curity Administration. Well, it is paid age age of death at approximately 63 to pay Social Security benefits? Do we out by the Social Security Administra- years old so many of them do not col- change Social Security into a welfare tion, but it does not come out of the lect benefits, but if you compare the program where we say that, oh, if you Social Security trust fund. It comes have been lucky enough to be success- average retiree return at 1.7 percent for out of the general fund. It is a program ful in America, then we will not pay the average Social Security recipients, for low-income people with some kind you Social Security even though we compare that to what has happened for of disabling problems that becomes a have made you take money out to save equity investments, and even the program to help low-incomes with for retirement? The general feeling is Wilshire 5,000 actually earned 11.86 per- problems, like a welfare program, but that there would be some danger in a cent after inflation over the last 10 it does not come out of Social Secu- lack of support. In fact, the unions years ending January 31, 2004. And that rity. have suggested that we do not make it is even through some downer years I am going to go rapidly through into a welfare program because Amer- after the bubble broke on the stock some of these charts. This chart dem- ica is a place where we started with our markets. onstrates why we are in a problem now forefathers writing a Constitution sort So even with those downer years, you with the PAYGO program. I chaired of designing our economic system, in have an average equity return on those the bipartisan Social Security Task effect saying that those that study and 5,000 stocks of over 11 percent, and that Force in Congress made up of Demo- learn and use it, those that work hard compares to the 1.7 percent on Social crats and Republicans. And after al- and save end up better than those that Security. Is there some way to accom- most a year of hearing testimony, we do not. modate both sides so that there is some all agreed that something has to be Now, we have been in sort of a sys- concern that we do not want to have done, and the sooner the better, to cor- tem of dividing the wealth and saying private investments so wild that indi- rect Social Security. Otherwise, we are pay in according to your ability and viduals can invest in things where they going to be in huge problems of insol- the government will provide services might go broke and still come back on vency in the near future. according to your need. There has got the government? This represents the problem of a So- to be, for lack of a better word, maybe But the other side of the coin is, is it cial Security program that was devel- a golden mean to still have that kind reasonable to have a worker-owned ac- oped in 1934, saying that current work- of incentive, to do what has made count that is their property, that if ers pay in their taxes that are imme- America great in the first place, and they die early it passes on to their diately sent out to current retirees. So that is to work hard. heirs? Some kinds of structures such as it is a challenge of having enough A young couple that decides to work Federal employees have in the Thrift workers to pay in a FICA tax, a pay two shifts or both mom and dad work Savings Account is what I have struc- roll tax, to accommodate the number so they can earn more money to have a tured into my Social Security bill to of seniors. And of course what is hap- better life for their kids, we now not essentially try to limit it to safe in- pening is the birth rate has been going only say, well, if you are going to earn vestments. down and the length of years that a more money, we are going to tax you Just quickly on this chart, again try- person lives has been going up. In fact, more. But if you earn more money, we ing to represent and convince that So- in 1945 we had about 34 people working will even tax you at a higher rate than cial Security is not a good investment. paying in their taxes for Social Secu- if you just worked as a single parent or If you retired in 1980, you have to live rity for every one retiree. By the year just worked on one 8-hour shift instead 4 years after retirement to break even 2000, it got down to three people work- of doing two 8-hour shifts. on Social Security. By 2005, next year, ing. This is because people are living Social Security benefits are indexed you are going to have to live 23 years longer because the birth rate is going to wage growth. So when the economy after retirement to break even. And down. grows, workers pay more in taxes but then you see what happens after 2015. By 2000 we had three people working they earn less in benefits when they re- You have to live 26 years after you re- paying in their increased tax now, be- tire. Growth makes the numbers look tire to break even. cause that is what we do every time we better now, but leaves a larger hole to Well, here is what we have done in run into problems: we increase the fill later on. And that is why when I in- the past. Every time we have gotten taxes. Now three people are working troduced my first Social Security bill into trouble, we either increase taxes for every retiree. The estimate by the in 1994, it was much easier to achieve or reduce benefits or a combination. actuaries is by 2025 there will only be solvency than it is today. And the esti- And of course, in 1983 under the Green- two people working, paying in their in- mate in 1994 was Social Security was span Commission that is what we did; creased tax for retirees. There are 78 going broke in 2012. Now the new esti- we said we are going to increase the re- million so-called baby boomers, the ba- mate is that Social Security probably tirement age to 67, gradually, so that is bies that were born right after World is going to last until 2018, 2017 or 2018, going to gradually happen. That start- War II from 1946 to 1966. Seventy-nine because there is more money coming ed 2 years ago on so many months per million of what are the high-income in, but eventually there is going to be year. But mostly it has been increasing workers now, mostly paying in the more money going out. taxes.

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.131 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2719 In 1940, we went from 1 percent up to percent, the 32 percent and the 50 per- fairness to women. To be politically 2 percent. It was 2 percent of the first cent. I add another bend point of 5 per- correct, probably you would call it fair- 3,000. In 1960 we raised it to 6 percent of cent which has the effect of slowing ness to spouses. Actually I was told the first 4,800. In 1980 we raised it to down the increase in benefits for high- that there were more females that over 10 percent to over 25 to almost income retirees. That is how I pay for graduated from college last year than 26,000. In 2000 we raised it to 12.4 per- the transition to allowing a worker to males, so maybe eventually the women cent of the first 76,000. In 2004 it went take 2.5 percent of their income and will be the high-income workers. What up to 87,000. Today it is up to 89,000. So putting it in an account they own, even I have said is for married couples, ac- you pay your 12.4 percent tax on your though government limits where they count contributions would be pooled first 89,000. can invest that money. and then divided equally between hus- If you are self-employed, of course, Social Security trust fund continues. band and wife. So if one spouse earns a you pay all of it. If you are working for Voluntary accounts would start at 2.5 lot more than the other spouse, you somebody, then the company says, percent of income and would reach 8 add the two incomes together, what well, I am going to in effect reduce percent of income by 2075. The 8 per- they are allowed to invest in their per- wages to pay my 6.2 percent. So I real- cent would be bringing in much more sonal retirement savings account, and ly think it is fair to assume that the money than they ever would have re- you divide by two. So each spouse has whole 12.4 percent comes out of the ceived with the existing Social Secu- the identical amount invested in their worker’s pocket even though the work- rity program. Investments would be personal retirement account. It would er only actually sees on his pay check safe, widely diversified. Investment increase surviving spouse benefits to stub the 6.2 percent coming out of his providers would be subject to govern- 110 percent of the highest earning pocket. The other 6.2 the employer ment oversight. The government would spouse. pays. But here is what happens: now 78 supplement the accounts of workers One challenge that we have in the in- creased cost of Medicaid is people mov- percent of families pay more in the earning less than $35,000 to ensure that ing out of their homes. And now even payroll tax than they do in the income they build up a significant savings, too. with 100 percent of the higher spouse’s tax. Huge challenge. Actually, I sort of copied this from, I earnings, when one spouse dies, and the And what this also means is back to think, the USA account that President projection is for the males to have our starting point of overpromising Clinton proposed that says for low-in- government programs and over- about 3 years’ shorter life span than come workers, let us start adding to the females, so you have a widow that spending and going in debt, today 50 their savings and let the magic of com- percent of the adults in America pay is trying to get by on 100 percent. Often pound interest build up their accounts, that is not enough to accommodate the about 1 percent of the total income so even an average income worker can tax. And so you can see that there are fixed costs of staying in their own retire with millionaire-type benefits. home. So in several ways in this bill, I some parts of our population that have All worker accounts would be owned little to lose if they say, give me more try to encourage staying in their own by the worker and invested through homes instead of going into a nursing government programs. pools supervised by the government, So there is that kind of pressure with home. This is a bipartisan bill spon- sort of like our Thrift Savings Account lobbyists coming in and saying, well, sored by both Democrats and Repub- for all government employees and we represent this program or that pro- licans. The way I do this is increasing Members of Congress. That is how they gram. In my 12 years in Congress, my the minimum to 110 percent instead of save. Sort of like the regulations would experiences have been that if new pro- the existing 100 percent. And then stay- be instituted to prevent people from grams can last 2 years, then the inter- at-home mothers with kids under 5 taking undue risk. Workers have a est groups to try to continue that would receive a retirement credit for a choice of three safe indexed funds with spending are in visiting all of our of- certain number of years. more options after their balance fices saying how important their pro- If you are a mother staying home reaches $2,500. gram is. And so the momentum of 2 with your kids, then we will give you Accounts are voluntary, so you do years and 3 years almost becomes an the high average earnings to fill in not have to go into this system of in- entitlement program, even though we some of those years because you have vesting part of your money in private call it discretionary spending, that to have 35 good years. So it seems rea- accounts if you do not want to and you goes through the appropriations proc- sonable for those mothers that are can stay with the traditional program. ess. probably working as hard as their But what we can do because the actu- spouse, anyway, staying home with b 1800 aries have scored that the investments their kids, that you give them credit Here are six principles that I have in on these types of limited investments for those years that they are staying my five Social Security bills that I will make more than the 1.7 percent home with those kids under 5 years old. have introduced. All have been scored Social Security pays you, we can guar- But I limit the number of kids and to keep Social Security solvent. The antee workers in their personally- limit the number of years. six principles I have used is protect owned accounts will have as much re- Here is the last sort of sheet that I current and future beneficiaries, allow turn on that portion of their retire- have done. This does a couple of things. freedom of choice, preserve the safety ment income as they would have on the We have one of the lowest savings rates net, make Americans better off, not fixed Social Security system. You still in the world right now. Where our sav- worse off, and create a fully funded sys- would get your Social Security bene- ings rate used to be as high as 6 per- tem. I think it is really important not fits, but to the extent that your tradi- cent, now it is actually about 1 per- to have any tax increases on workers. tional Social Security benefits are cent. This whole mood of buy now and I am just going to go through some of going to be reduced proportionally by pay later, the mood of this Congress, in the highlights of my Social Security the 2.5 percent of your earnings that fact, that tends to say, well, a little bill. Number one, it is scored by the you put into this savings account, so borrowing now might improve some- Social Security Administration to re- you will end up getting both the return thing later on, so we are going deeper store long-term solvency to Social Se- in investments from the savings ac- and deeper in debt. Likewise in the un- curity. There are no increases in the count as well as the fixed payments funded liabilities, we make more prom- retirement age, no changes in the from the traditional Social Security. ises. So we sort of tried to look at a COLA, that is the cost of living index Government benefits would be offset system that is going to allow encour- every year, and there are no changes in based on the money deposited into agement to increase savings. We in- benefits for seniors or near seniors. their account, not on the money that crease contribution limits on IRAs and Solvency achieved through higher re- you might earn from that account, and 401(k)s and pension plans. We include turns from worker accounts and slow- workers could expect to earn more in our legislation a 33 percent tax cred- ing the increase in benefits for highest from their account than from their tra- it for the purchase of long-term care earning retirees. ditional Social Security. insurance up to $1,000, $2,000 if you are Remember, Mr. Speaker, I had the Here are some provisions that are in- a married couple, per year. Low-in- chart that had the bend points of the 90 teresting, Mr. Speaker. It is what I call come seniors would be eligible for a

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.132 H06PT1 H2720 CONGRESSIONAL RECORD — HOUSE May 6, 2004 $1,000 tax credit for expenses related to and that it also might endanger some and that is a growing number of Ameri- living in their own home or if the sen- tax breaks that the Disney Corporation cans who are living today in abject iors live with their kids or somebody gets in Florida through President poverty, barely keeping their heads else, that tax credit would be eligible Bush’s brother, the governor, there. above water, barely paying the bills for that particular family. That concerns me. That is not my that they need in order to survive. And In conclusion, overspending is dan- major concern. those are the three Americas: a handful gerous for the economy. It is dangerous And it is not just that recently, as I of great wealth, great power; a shrink- for our kids and our grandkids. In fact, think most Americans know, Sinclair ing middle class; and more and more it makes us more susceptible to inter- Broadcasting, a right-wing company, people who are living in poverty. national pressures. It makes us vulner- decided that it would not carry Ted Mr. Speaker, there has always been a able. If one were to guess, Mr. Speaker, Koppel and Nightline’s sensitive and wealthy elite in this country. That is how much of our deficit this year is respectful tribute to the over 700 young not new, and there has always been in being financed by foreign countries, men and women who have been killed this country and in every country a foreign investments, what would you in Iraq, because somehow Sinclair be- gap between the rich and the poor; but guess? Seventy percent. Foreign in- lieved that that was too political, too the disparities in wealth and income vestment is picking up 70 percent of antiwar. Apparently it is not appro- that currently exist in this country the money that we have to borrow this priate for the American people to actu- have not been seen since the 1920s. In year for overspending. ally see the face of war and the men other words, instead of becoming a Right now, foreign investments lend and women who have died in that war. more egalitarian Nation with a grow- to the United States Government 33 But that is not my major concern ing and expanding middle class, we are percent of our debt in this country. A about corporate control over the media becoming a Nation with by far the huge challenge. Our trade deficit of and it is not just that when we turn on most unequal distribution of wealth now over $500 billion means that some commercial talk radio, what we hear and income in the industrialized world. countries have decided that they would almost always, and with few excep- In other words, we are moving in ex- prefer to keep those dollars and invest tions, is the fact that there are ex- actly the wrong direction. them by buying our businesses, by buy- treme right-wing voices out there who Today, the wealthiest 1 percent of ing our equities, by buying our Treas- pound away at right-wing themes and Americans own more wealth than the ury bills rather than buying the prod- despite the fact that our Nation is al- bottom 90 percent. The wealthiest 1 ucts that we make in this country. most equally politically divided, for percent of Americans own more wealth China, of course, is a huge challenge. I millions of Americans, their only op- than the bottom 90 percent. The CEOs just recently returned from China. Chi- tion on talk radio is one right-wing ex- of the largest corporations in America na’s trade deficit with the United tremist after another. That is a con- today earn more than 500 times what States, our deficit, has gone up to $125 cern, but not my major concern. their employees are making. While My major concern when I talk about billion. That means China takes these workers are being squeezed, while corporate control over the media is $125 billion and buys part of our Treas- workers are being forced to pay more that while we get inundated every sin- ury bills, buys some of our equities. and more for health insurance, while gle day by stories of Michael Jackson That results in us being more vulner- their pensions are being cut back and or Kobe Bryant or Martha Stewart or able to trade negotiations. If they say, promises made to them being swept Britney Spears or a host of other celeb- well, look, United States, you’re not back under the rug, while retiree bene- rities, what we do not hear about much being fair with us, we might just have fits are being cut, while workers’ jobs in the media and what we do not hear in this country are being sent abroad, to pull our money out of your Treasury much about on the floor of Congress is the CEOs of the largest corporations bills. With foreign investments bor- the reality of what is happening to the make out like bandits. Their allegiance rowing 30 percent of our money, tre- middle class of this country, what is is not to their employees; it is not to mendously vulnerable, it would put us happening to ordinary working people. at a huge disadvantage. Not only is That, in fact, is the most important the American people. It is to their own this overspending and overpromising a issue that we should all be talking bottom line. I am not just talking about the burden on our kids, it is a tremendous about. It is the most important issue crooks who ran Enron, WorldCom or challenge to our future economy. that the media should be focusing on Arthur Andersen, all of those compa- f and that Congress should be discussing. nies. I am talking about the highly re- CONSOLIDATION IN MEDIA b 1815 spected CEOs, like the retired head of OWNERSHIP So let me talk a little bit about some General Electric, Jack Welch, who, The SPEAKER pro tempore (Mr. of those issues today, not about Mi- when he retired in 2000, received $123 COLE). Under the Speaker’s announced chael Jackson, not about Britney million in compensation, and $10 mil- policy of January 7, 2003, the gen- Spears, but about what is happening to lion a year in pension for the rest of his tleman from Vermont (Mr. SANDERS) is the middle class of this country. life; and he did that after throwing recognized for 60 minutes. Mr. Speaker, let me be very blunt. many, many thousands of American Mr. SANDERS. Mr. Speaker, as the The United States of America today is workers out on the streets as he moved only independent in the House of Rep- rapidly on its way to becoming three his plants abroad. resentatives, not a Democrat, not a Re- separate Nations, not one Nation, but And I am talking about people like publican, I want to take this oppor- three separate Nations. One part of Lou Gerstner, the former CEO of IBM, tunity to share some ideas that many that Nation is an increasingly wealthy who received $366 million in compensa- Americans may not get a chance to elite composed of a small number of tion while slashing the pensions of his hear very often. One of the concerns people with incredible wealth and eco- employees. And I am talking about and one of the most important issues nomic and political power; a small Charles A. Heimbold, Jr., of Bristol- that I think is facing this country is number of people, tremendous wealth, Myers Squibb, who received almost $75 increased corporate control over the tremendous power. million in 2001 while helping to make it media and the fact that fewer and Then we have the second part of impossible for many seniors in this fewer large corporations control what America, the largest part, which is the country to pay the outrageously high we see, what we hear and what we read. middle class, the vast majority of our prices that his company and other What concerns me about that is not people; and that middle class tragically companies are charging for prescrip- just that, for example, the Disney Cor- is shrinking, getting smaller. It is a tion drugs. poration has just announced that it middle class where the average Amer- Mr. Speaker, today this Nation’s will not distribute Michael Moore’s ican worker is now working longer 13,000 wealthiest families who con- new film, Fahrenheit 9/11. They will hours for lower wages; and that is what stitute 1/100th of 1 percent of our popu- not distribute that as had been pre- is happening to the middle class. lation receive almost as much income viously arranged, because it is appar- And then the third segment of our so- as the bottom 20 million families in ently too critical of President Bush ciety are those people at the bottom, this country; 1/100th of 1 percent earn

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.134 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2721 almost as much income as the bottom are soaring. We have seen an increase satellite communications have done. 20 million families in the United of 300,000 part-time jobs just last We know what robotics in factories has States. month. And there are people who are done. In other words, we are a much New data from the Congressional not counted as part of the unemploy- more productive Nation than we were Budget Office show that the gap be- ment statistics because they have 30 years ago, and almost every worker tween the rich and the poor in terms of given up looking for work when they in our economy is producing more. income more than doubled from 1979 to are located in high unemployment b 1830 2000. In other words, what we are seeing areas. is movement in the wrong direction. Furthermore, there are millions of Given the fact that productivity is The gap is so wide that the wealthiest people today who are counted as em- expanding and increasing, that tech- 1 percent had more money to spend ployed, but are working at jobs that nology is exploding, what common after taxes than the bottom 40 percent. are far below their educational levels sense might suggest is that workers According to data from the Congres- and their skill levels; but they also today would be working fewer hours sional Budget Office between 1973 and count as part of those people who are and earning more money because of the 2000, the average real income, inflation employed. increase in productivity. But the re- accounted for income of the bottom 90 Now, when we talk about unemploy- ality is exactly the opposite. Why is it percent of American taxpayers actu- ment and we talk about the economy, that in 1973, the average American ally fell by 7 percent. Meanwhile, the one of the more important points to be worker, in inflation accounted for income of the top 1 percent rose by 148 made is that since the beginning of the wages, made $14.09 per hour, while in percent and the income of the top 1/ Bush administration we have lost 2.8 1998, 15 years later, he or she made only 100th of 1 percent rose by 599 percent. million manufacturing jobs in our $12.70 per hour, a significant decline in Middle class shrinking, people working country; 2.8 million manufacturing real wages? And that is, to my mind, longer hours for lower wages, the very, jobs. That is an issue that I want to one of the most important economic very wealthiest people in this country spend a moment on because what is issues that we have to deal with, pro- seeing huge increases in their income. happening in manufacturing today is a ductivity going up, technology explod- Mr. Speaker, in my view, growing in- disaster for this country and bodes ing, and yet the real wages for millions come and wealth inequality is not what very, very poorly for our future. of American workers is declining and America is supposed to be about. A Na- The bottom line is, and Congress the middle class is shrinking. tion in which so few have so much and must finally recognize this, that our Let us be honest and acknowledge so many have so little is not what trade policies are failing. They are fail- that manufacturing in this country America is supposed to be about. ing. NAFTA has failed, our member- today is in a state of collapse. In the Mr. Speaker, it is increasingly com- ship in the WTO has failed; and perhaps last 3 years, we have lost 16 percent of mon to see people in our country in to- above all, permanent normal trade re- all manufacturing jobs, 16 percent in day’s economy work not at just one job lations with China, PNTR with China, the last 3 years, and we are back to lev- but at two jobs, and occasionally it is has failed. The time is now, and it is els that were last seen in the 1950s, not uncommon to see American work- long overdue for the United States early 1950s. We only have 14.3 million ers have three jobs. Is that what this Congress to stand up to corporate manufacturing jobs. global economy in which we were America, to stand up to the President And, Mr. Speaker, here is the trag- promised so much is supposed to be of the United States, to stand up to edy. People would not be all that upset about? editorial writers all over this country, if when we lost manufacturing jobs, if When some of us were growing up, all of whom have told us year after the new jobs that were created were the expectation for the middle class year after year how wonderful unfet- paying as much or more as the manu- was that one worker in a family could tered free trade would be. facturing jobs that we lost. But the work 40 hours a week and earn enough Well, they were wrong. The answer is fact of the matter is that when we are income to pay the family’s bills. One in. They were wrong. These people told losing manufacturing jobs, we are los- worker, 40 hours a week. Well, in my us that unfettered free trade would cre- ing jobs that pay in almost every in- State of Vermont and all over this ate new jobs. Instead, we have lost mil- stance a living wage. In Vermont man- country, it is increasingly uncommon lions of jobs, and we have run up a ufacturing, for example, pays over when that occurs. In my State and all record-breaking trade deficit. They $42,000 a year. That is a good wage and over America, the vast majority of told us that unfettered free trade those jobs often have good benefits. married couples have both husband and would improve the standard of living of And what is happening now is that the wife out in the workforce. Sometimes the middle class; they were wrong. new jobs that are being created which that is the way they want it to be, but Real wages have gone down or have are replacing the old jobs that we are more often than not it is the way it has stagnated for millions of American losing are paying significantly lower to be because inadequate wages and in- workers. wages with significantly lower benefits adequate income require two bread- Let us be very clear. The decline of than the manufacturing jobs that we winners to work incredibly long hours manufacturing is one of the reasons have lost. in order to pay the family’s bills. And why our middle class is shrinking and According to a study by the Eco- then with husband and wife out work- why wages for middle-class workers are nomic Policy Institute, the new jobs ing, we wonder and we are surprised in decline. When we talk about the loss being created in America on average when kids do not get the attention that of almost 3 million private sector jobs pay 21 percent less than the jobs we are they need and when kids get into trou- in the last 3 years, we should appre- losing. So despite what some politi- ble. Well, we should not wonder too ciate that the vast majority of that job cians and what corporate leaders might much as to why that happens. loss has taken place in manufacturing. tell us, the trend is not toward better- Mr. Speaker, in terms of what is hap- Further, the collapse of manufacturing paying jobs. The trend is toward lower- pening to the middle class, we have is one of the reasons that real inflation paying jobs with fewer benefits. lost over 2.6 million private sector jobs accounted for wages have declined. When we talk about the economy not in the last 3 years; and with 8.4 million Today, American workers in the pri- only for the current generation, but for workers unemployed, unemployment vate sector are earning 8 percent less our children and for our grandchildren, today is at 5.7 percent officially. In real than they were in 1973. Now, just think the key question that we should be truth, however, the unemployment for a moment, just for one moment let asking is what kind of new jobs will be numbers are much higher than that be- us take a look at this rather incredible created in the future? Will these jobs cause there are a lot of unemployed piece of information. Every American be good paying? Will they be chal- and underemployed people who do not knows that in the last 30 years there lenging jobs that a well-educated fall within the official unemployment has been an explosion in technology. American population can jump into statistics. These are the people who are We all know what computers have with enthusiasm? Are those the kinds working part-time because they cannot done. We know what e-mail has done; of jobs that will be available for our find full-time jobs, and those numbers we know what faxes and cell phone and kids and for our grandchildren, or is it,

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.135 H06PT1 H2722 CONGRESSIONAL RECORD — HOUSE May 6, 2004 in fact, going to be something very dif- trends continue, our trade deficit with wages, paid by the largest employer in ferent? Because when we talk about China will grow to $330 billion in 5 America, that are below the poverty the future of America, to a large degree years, and that means, of course, that level. And that is what the American that is what we are talking about. we are importing more and more and economy is about today. The largest What kinds of new jobs will be created the gap between what we are importing employer in America, Wal-Mart, pays in the future? and what we are exporting is growing its workers below-poverty wages. In In that regard, the Bureau of Labor wider and wider. fact, many of these workers qualify for Statistics every 2 years does an impor- Mr. Speaker, our disastrous trade the Federal Food Stamp program, tant study forecasting the top ten oc- policy is not only costing us millions of which means that Wal-Mart is being di- cupations that will have the largest job decent-paying jobs, it is squeezing rectly subsidized by U.S. taxpayers. growth in a 10-year period. In this case, wages. Many employers are making it Obviously Wal-Mart is not the only the Bureau’s forecast which was re- very clear that if workers do not ac- company receiving welfare from the leased on February 11, 2004, covers the cept cuts in their health care coverage taxpayers of this country, but they are years 2002 through 2012, a 10-year pe- or do not take cuts in wages that they the largest. Wal-Mart has been sued by riod. will be moving their operations to 27 States for not paying the overtime And let me quote from Business China, to Mexico, to India, or to other pay their workers are entitled to. And Week Magazine as to what the results developing countries. Today, wage not so long ago, Federal agents raided of that study showed: ‘‘According to a growth is the slowest in 40 years. Mil- their headquarters, and 60 of their forecast released February 11 by the lions and millions of Americans are stores across the country, arresting 300 Federal Bureau of Labor Statistics, a working incredibly long hours, and yet illegal workers in 21 States. Wal-Mart large share of new jobs will be in occu- they are not making anything more is vehemently anti-union and will do pations that don’t require a lot of edu- than they made a year ago. everything that it can to make sure One of the sectors of our economy, cation and pay below average.’’ And that workers in a Wal-Mart store do and we do not talk about this too pay below average. Those are the jobs, not have the rights to collectively bar- much, where people are being hurt the the newly created jobs, that our chil- gain. dren and our grandchildren will be most is among young workers without b 1845 looking forward to receiving, jobs that a college education. Not everybody require minimal education and pay low goes to college. For entry level workers Mr. Speaker, a recent study indicated wages. The fastest growing of all of without a college level education, the that for every Wal-Mart superstore those jobs will be for medical assist- real wages that they have received that employed 200 workers, taxpayers dropped by over 28 percent from 1979 to ance, nursing aides, orderlies and at- were subsidizing their low-paid workers 1997, which are the latest figures that I tendants, jobs that require nothing to the tune of $420,000 per year, which have seen. And the drop for women dur- more and ‘‘moderate on-the-job train- equates to about $2,100 per employee. ing that period was only 18 percent. ing.’’ In other words, we have the absurd sit- So the key point here is that instead And the reason for that is quite clear. uation that many of the employees at Twenty-five or 30 years ago, if some- of creating an economy where future Wal-Mart need Federal help in order to one did not go to college, and most peo- generations will be challenged with keep their families alive, whether it is ple did not, what they would have been jobs that require good education, good food stamps, whether it is health care able to do is to go out and get a job in skills, the new jobs that are being cre- for their children or for themselves, manufacturing, and millions of work- ated will require high school degrees. whether it is subsidized housing. So ers did just that. And with those wages you have the taxpayers of this country They will be low wage. They will have and with those benefits, people without pouring huge amounts of money into minimal benefits. In fact, of the ten oc- a college degree were able to enjoy a subsidizing Wal-Mart’s employees. cupations pinpointed by the Bureau of middle class life-style. They were able Meanwhile, and what an irony this is, Labor Statistics, seven of them require to take care in an adequate way for five out of the 10 wealthiest people in only a high school degree; two require their kids. They were able to save up so America are in the Walton family, the college degrees; and one an associate’s that their kids could have a better life family that owns Wal-Mart. They are degree, a 2-year education in college. than they did. And that is an issue, in my view, that But all of that is changing now, and each worth, each one of the five, are we should be paying a great deal of at- when young people leave high school worth $20 billion each, collectively $100 tention to because, Mr. Speaker, it and do not go to college, the job oppor- billion. And last year the Walton fam- tells us that a profound lie is being per- tunities for them are most often very ily of Wal-Mart saw an $8.5 billion in- petrated on the American people. It limited. There are jobs available at crease in their wealth. So what you tells us that unless we fundamentally McDonald’s, at Wal-Mart, at service in- have is one of the richest families in change our public policies and do that dustry jobs like that, but unfortu- America growing much richer. We are very quickly, the middle class will con- nately those jobs pay low wages and do seeing Wal-Mart workers earning sub- tinue to shrink and the jobs being cre- not allow people to earn a middle class sistence wages, and you are seeing the ated for the coming generations will income. taxpayers of this country forced to sub- be, by and large, low-wage and un- Mr. Speaker, what is happening to sidize those workers because they can- skilled work, and that, in my view, is our economy today can be best illus- not earn a living wage in Wal-Mart. not what we want the future of Amer- trated by the fact that not so many What an outrage. One of the richest ica to be. years ago, the largest employer in families in America sees a huge in- Mr. Speaker, when we talk about the America was General Motors, and crease in their wealth, and they need economy and when we talk about trade workers in General Motors earned and Federal help in order to keep their and manufacturing, let us remember still earn a living wage somewhere workers alive. This is something that that in the year 2003, the United States around $26 an hour with very strong should not continue to go on. had a $500 billion trade deficit, $500 bil- benefits and with a strong union to That, Mr. Speaker, is what the trans- lion record-breaking trade deficit. In represent their needs. Today, in con- formation of the American economy is 2003, the trade deficit with China alone, trast, our largest employer, private all about. We have gone from an econ- one country, China, was over $120 bil- employer, is Wal-Mart, and that is omy where workers used to work pro- lion and that number, trade deficit what has happened to the American ducing real products, making middle- with China, is projected to increase in economy. We have gone from a General class wages with good benefits, to a future years. In recent years that def- Motors economy where people produce Wal-Mart-style economy where our icit has gone up and up and up. In 1990, real products, earn good wages with largest employer pays workers poverty it was $11.5 billion; in 2001, it was $83 good benefits, to a Wal-Mart economy wages with minimal benefits, and, in billion; 2002, $103 billion; in 2003, it was where people earn low wages and mini- the process, has a huge turnover. $120 billion. mal benefits. Incredibly, since 1989, 98 percent of The National Association of Manu- Today Wal-Mart employees earn $8.23 the new jobs created in the United facturers estimates that if present an hour or $13,861 annual. These are States have been in the service sector,

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.137 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2723 where on average workers earn sub- GE investor meeting on December 6, sion regarding our economy is the de- stantially less than they do in manu- 2002, a year and a half ago. This is Mr. gree to which the Bush administration facturing. Immelt, CEO of GE: ‘‘When I am talk- has sold out the needs of American Mr. Speaker, before I talk about ing to GE managers, I talk China, workers. Let me quote from a recent China and my great concerns about our China, China, China, China. You need report written by Mr. Gregory Mankiw, current trade relations with China, let to be there.’’ This is what he is saying the President’s Chief Economic Advi- me say a few words about the North to GE plant managers. sor. Here is the man who is the Presi- American Free Trade Agreement, Then he continues: ‘‘I am a nut on dent’s major adviser on economic NAFTA. That is an agreement, as you China. Our sourcing from China is issues. Here is what he says on page 25 know, that the President wants to ex- going to grow to $5 billion. We are of the report that he sent to Congress: pand into a Free Trade Agreement for building a tech center in China. Every ‘‘When a good or service is produced at the Americas. discussion today has to center on lower cost in another country, it In 1994, the United States had a $2.4 China. The cost basis is extremely at- makes sense to import it, rather than billion trade surplus with Mexico. That tractive.’’ produce it domestically.’’ was pre-NAFTA. Today, 10 years later, What Mr. Immelt is saying is, frank- In case you did not fully get it, let we have a $36 billion trade deficit with ly, what almost every CEO of a major me read it again: ‘‘When a good or serv- Mexico, one of the results of NAFTA. corporation in America is saying, and ice is produced at lower cost in another Through the end of 2002, the United they are saying, see you, American country, it makes sense to import it, States lost over 879,000 jobs as a result workers. We are out of here. We do not rather than to produce it domesti- of NAFTA, jobs that formerly existed have to pay you a living wage. We are cally.’’ and were eliminated, as well as those going to China. Let us think for a moment what Mr. created in other countries instead of China, for CEOs of American corpora- Mankiw, the President’s Chief Eco- here as a result of the growing U.S. tions, is a wonderful, wonderful place nomic Adviser, has just told the work- trade deficit. Nearly 80 percent of those to do business. Do they have to worry ers of the United States. What he has job losses were in manufacturing indus- about democratic rights in China? Of said is that companies should throw tries. course not. If workers stand up for you out on the street because they can Now, some people, they think, well, if their rights, they go to jail. If workers produce cheaper in China and in other NAFTA was bad for the United States try to form a union, they go to jail. countries, where wages are a fraction in terms of job loss, then it must have There are virtually no environmental of the price that they in the United been good for our friends in Mexico and protection regulations in China, a very States of America. That is what com- Mexican workers. Well, guess again. polluted country. So for corporations panies should do. That is what the like General Electric, China becomes a NAFTA has been a disaster for the poor President’s Chief Economic Adviser is wonderful place to work, and that is and working people of Mexico. telling corporations: go abroad, if you why they are moving there as fast as Since 1994, when NAFTA went into can produce cheaper. existence, the number of people classi- they can. What is wrong with that? Well, what Should anybody in this country be fied as poor or extremely poor has risen happens to the many millions of Amer- surprised that Motorola, another major from 62 million to 69 million out of a ican workers who lose their jobs? Well, corporation in America, eliminated al- population of 100 million. Since 1994, apparently the President’s economic most 43,000 jobs in this country in 2001, Mexico’s agricultural sector has lost adviser and the President himself are while investing $3.4 billion in China? well over 1 million jobs, and NAFTA Who is shocked that General Electric not worried too much about that. They has played a major role in decimating has thrown hundreds of thousands of are more worried about corporate prof- rural employment on farms in Mexico. American workers out on the street, its and the ability of companies to Frankly, Mr. Speaker, in hindsight, while investing billions in China? Boe- produce with workers who are paid 30 it did not take a genius to predict that ing, another great American corpora- cents an hour. unfettered free trade with countries Over the years, Mr. Speaker, advo- tion, has laid off 135,000 American like China would be a disaster. In all workers, while it has increased cates of unfettered free trade have honesty, if we check the CONGRES- outsource design work to China, Rus- tried to gloss over the bad news about SIONAL RECORD, what is happening now sia, and Japan. the decline in factory employment by in terms of trade and its impacts on In the last 30 years, General Motors promising us that a new high-tech American workers is precisely what has shrunk their U.S. workforce by economy was in the making. many of us predicted would happen. over 250,000. IBM has signed deals to In other words, American workers, do Why should we be surprised about train 100,000 software specialists in not worry. Yes, it is true you are going what is happening? With educated, China over 3 years. Honeywell is going to lose jobs. In auto manufacturing, in hard-working Chinese workers avail- to China. Ethan Allen Furniture is steel, in textiles, in footwear, in almost able at 20 cents an hour or 30 cents an going to China. And on and on it goes. every industry, you are going to lose hour or 40 cents an hour, and with cor- In fact, the exception to the rule is those blue collar jobs. But you do not porations having the capability of that company that says, we are going have to worry about that, because bringing their Chinese-made products to grow jobs in the United States of there is a new high-tech economy that back into the United States tariff-free, America. is being developed, an information why would American multinational In terms of General Motors, just a technology. You do not have to work in corporations not shut down their few months ago that company an- those loud, noisy factories. You and plants in this country and move to nounced plans to increase by 20-fold, 20 your kids are going to be able to have China? Why would they not? times, the number of auto parts it buys those wonderful jobs, high-paying jobs Essentially, the trade agreement we from China and uses in the U.S., Eu- in quiet offices, and all you have to do established with China says to them, rope, Mexico, elsewhere, a 20-fold in- is learn how to master the computer throw American workers out on the crease. According to the Detroit Free and become an expert in information street. Go to China; hire cheap labor Press, ‘‘GM, the world’s largest auto technology, and those great jobs will and bring your product back here. That maker, will more than double the num- be there for you and your kids. is what many of us predicted over the ber of parts it buys in China for cars it We have heard that mantra over and years when the debate about most fa- makes there, going from $2.8 billion for over and over again: yes, we lose blue vored nation status with China was Chinese parts to $6 billion annually.’’ collar; but we are going to gain high- taking place; and that, of course, is There are people who believe that paying white collar jobs. We do not precisely what has occurred. that move might be the beginning of have to worry about that old economy Mr. Speaker, General Electric, as we the end for auto manufacturing in the any more. We have got a new economy all know, is one of the largest corpora- United States and all of those decent- coming. tions in America. Here is what their paying jobs that exist there. Well, I think that many Americans CEO, a gentleman named Jeffrey Mr. Speaker, one of the most dis- are beginning to catch on that the peo- Immelt, had to say about China at a tressing aspects of this entire discus- ple who told us that are dead wrong in

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.139 H06PT1 H2724 CONGRESSIONAL RECORD — HOUSE May 6, 2004 terms of the future of this country; of white collar jobs’’ which is sweeping up. And unfortunately, we are moving that in fact not only have we lost and across America. And we know why today in the wrong direction. we will continue to lose good-paying American companies will be going to Mr. Speaker, by definition, a sensible blue collar manufacturing jobs, we are India and elsewhere, because the wages and fair trade agreement works for now at the cusp of beginning to lose are a fraction of what they are in this both sides, not just for one. Trade is a millions of even better-paying white country. good thing. It is a good thing when it collar information technology jobs. In the U.S., a telephone operator benefits both parties. The New York In 2003, the estimate is that the earns $12.57 an hour; in India, less than Yankees do not engage in free trade by United States lost 234,000 information a dollar an hour. A payroll clerk in the exchanging their top ballplayer for a technology jobs. Many of them ended U.S. averages over $15 an hour, while in third-string, minor leaguer. They do up in India, which saw a gain of over India, it is less than $2 an hour. An ac- not say, hey, we are opening up our 152,000 information technology jobs. countant in the U.S. makes over $23 an roster, you can take anybody you hour, while in India that wage is be- b 1900 want, you give us anybody you want, tween $6 and $15 an hour. because hey, that is what free trade is When Americans argue with the Jobs most vulnerable to this new about. They trade for equal value. phone company as to whether or not wave of outsourcing the researchers Every time we go shopping and every they are being ripped off, more often tell us include medical transcription time we buy a product, we are trading than not, they are going to be talking services, stock market research for fi- money for a product, equal value. And to somebody in India. When you are nancial firms, customer service call that is what we have to do in terms of trying to figure out how to get your centers, legal online database research, our overall trade policy. computer working again, as often as payroll and other back-office activi- Trade is good when it works for not you are going to be talking to ties. America and it works for the other somebody not in New York, not in Mr. Speaker, last month, I held a country. It is not good when it throws L.A., but in India. town meeting in Montpelier, Vermont American workers out on the street, One of the new areas where informa- dealing with the issue of outsourcing, when it lowers wages, and when the tion technology jobs are leaving the and we had many, many hundreds of only beneficiaries of it are the CEOs of United States is in tax preparation. workers who came to that meeting and large corporations who make huge Tax experts say that Indian Chartered a number of them were employed by compensation packages, earn huge Accountants, and that is India’s equiv- National Life, an insurance company in compensation packages at the expense alent to our CPA, certified professional Montpelier, and these workers felt be- of American workers. accountants will prepare 150,000 to trayed, sold out by the fact that Na- Mr. Speaker, in order to address 200,000 returns this year, up to 20,0000 tional Life had now outsourced a num- some of these problems, I have intro- something returns in 2003. In other ber of jobs from that company which duced two pieces of legislation that words, so long as there is a skilled were going to India. In fact, some of would move us forward in protecting worker behind a computer, and there these workers were being asked to the middle class of this country and clearly are skilled workers in India, train their Indian counterparts. the decent-paying jobs that we have. China, the former Soviet Union coun- Mr. Speaker, let me be very clear on The first bill that I have introduced is tries, they are prepared and will and this issue. The United States needs to H.R. 3228 which would repeal once and can do the work that Americans used have a strong and positive relationship for all permanent Normal Trade Rela- to do at a fraction of the wages that with countries like China and India. I tions with China. It will acknowledge Americans have earned. am not antiChinese; I have a lot of re- finally that our current trade policies Among many other companies mov- spect for the Chinese people. And I am with that country, with China are a ing high-tech jobs abroad is Microsoft, not antiIndian; I have a lot of respect failure and that we need a new begin- which is spending $750 million over the for the people of India. I am an inter- ning. I am happy to say that this next 3 years on research and develop- nationalist. In fact, it is my view that tripartisan legislation has garnered ment, and outsourcing in China. Re- not only the United States, but every well over 50 cosponsors, including 14 cently, Intel Corporation Chairman other industrialized country on earth Republicans. So we are beginning to Andy Grove warned that the U.S. could has a moral obligation to do every- move forward in a tripartisan way to lose the bulk of its information tech- thing that we can to address the ter- establish positive trade relations with nology jobs to overseas competitors in rible poverty that exists all over this China and not one that is costing us the next decade, largely to India and world, where 1 billion people are living huge-paying jobs. China. In other words, Mr. Speaker, on less than a dollar a day, where chil- The second piece of legislation that I not only has our unfettered free trade dren are dying of preventable diseases, have introduced, H.R. 3888, will end cost us much of our textile industry, where people do not have access to corporate welfare for those corpora- footwear industry, steel, tool and dye clean water, where people cannot get tions who are laying off American industry, electronics, furniture, as well affordable prescription drugs and die of workers and moving to China and other as many, many other industries, it is preventable diseases. low-wage countries. now going to cost us, unless we change The United States has a moral obli- Mr. Speaker, it is not acceptable to it, millions of high-tech jobs as well, gation to work with those countries to me that taxpayers of this country are and the future of our economy. improve their health care systems, providing tens of billions of dollars in Lou Dobbs who, in my view, has done their educational systems, their infra- corporate welfare to the same exact an excellent job on CNN talking about structures, to do everything that we companies who are saying to American this issue, reported on a recent Univer- can to improve the standard of living workers, bye-bye, we are off to China. sity of California at Berkeley study of those people. But, Mr. Speaker, we That is an insult to our working people warning that as many as 14 million do not have to destroy the middle class and an insult to the taxpayers of this white collar jobs in the United States of this country and wipe out millions country. could be shipped overseas to India, of decent-paying jobs to help poor peo- China, and other countries, rep- ple abroad. We can and should help f resenting 11 percent of all U.S. employ- poor people, but we do not have to de- ees. These jobs include over 2.8 million stroy what is best in our economy. LEAVE OF ABSENCE computer and math professionals with Mr. Speaker, the issue here is wheth- By unanimous consent, leave of ab- average salaries of over $60,000 a year, er we continue to be engaged in a race sence was granted to: and over 2.1 million business and finan- to the bottom where American wages Mr. BACA (at the request of Ms. cial service support jobs with average and the quality of our jobs and our PELOSI) for today on account of per- annual salaries of over $52,000. And working conditions goes down, down, sonal reasons. what the University of California at down, or whether we are asking poor Mr. TAUZIN (at the request of Mr. Berkeley study showed is that there is people in the world to see their wages DELAY) for the week of May 3 on ac- ‘‘A ferocious new wave of outsourcing and working conditions go up, up, and count of medical reasons.

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.140 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2725 SPECIAL ORDERS GRANTED transmitting the Department’s final rule— FRL-7335-4] received April 22, 2004, pursuant Melons Grown in South Texas; Increased As- to 5 U.S.C. 801(a)(1)(A); to the Committee on By unanimous consent, permission to sessment Rate [Docket No. FV04-979-1 FR] Agriculture. address the House, following the legis- received April 29, 2004, pursuant to 5 U.S.C. 7984. A letter from the Deputy Associate lative program and any special orders 801(a)(1)(A); to the Committee on Agri- Administrator, Environmental Protection heretofore entered, was granted to: culture. Agency, transmitting the Agency’s final The following Members (at the re- 7975. A letter from the Administrator, Ag- rule—Geraniol; Exemption from the Require- quest of Mr. PALLONE) to revise and ex- ricultural Marketing Service, Fruit and Veg- ment of a Tolerance [OPP-2004-0068; FRL- tend their remarks and include extra- etable Programs, Department of Agriculture, 7351-1] received April 22, 2004, pursuant to 5 transmitting the Department’s final rule— U.S.C. 801(a)(1)(A); to the Committee on Ag- neous material: Raisins Produced From Grapes Grown in riculture. Mr. DEFAZIO, for 5 minutes, today. California; Final Free and Reserve Percent- 7985. A letter from the Principal Deputy Mr. BROWN of Ohio, for 5 minutes, ages for 2003-04 Crop Natural (Sun-Dried) Under Secretary, Department of Defense, today. Seedless Raisins [Docket No. FV04-989-1 IFR] transmitting Authorization of the enclosed Mr. PALLONE, for 5 minutes, today. received April 29, 2004, pursuant to 5 U.S.C. list of officers to wear the insignia of the Ms. WOOLSEY, for 5 minutes, today. 801(a)(1)(A); to the Committee on Agri- next higher grade in accordance with title 10, Ms. NORTON, for 5 minutes, today. culture. United States Code, section 777; to the Com- 7976. A letter from the Administrator, Ag- mittee on Armed Services. Mr. CONYERS, for 5 minutes, today. ricultural Marketing Service, Fruit and Veg- 7986. A letter from the Principal Deputy Mr. FILNER, for 5 minutes, today. etable Programs, Department of Agriculture, Under Secretary, Department of Defense, Ms. JACKSON-LEE of Texas, for 5 min- transmitting the Department’s final rule— transmitting Authorization of Lieutenant utes, today. Almonds Grown in California; Decreased As- General Dan K. McNeill, United States Mr. VAN HOLLEN, for 5 minutes, sessment Rate [Docket No. FV04-981-1 FIR] Army, to wear the insignia of general in ac- today. received April 29, 2004, pursuant to 5 U.S.C. cordance with title 10, United States Code, Mr. STUPAK, for 5 minutes, today. 801(a)(1)(A); to the Committee on Agri- section 777; to the Committee on Armed culture. Services. Mr. FRANK of Massachusetts, for 5 7977. A letter from the Administrator, Ag- 7987. A letter from the Assistant General minutes, today. ricultural Marketing Service, Fruit and Veg- Counsel for Regulations, Department of Mr. SCHIFF, for 5 minutes, today. etable Programs, Department of Agriculture, Housing and Urban Development, transmit- Ms. CORRINE BROWN of Florida, for 5 transmitting the Department’s final rule— ting the Department’s final rule—HOME In- minutes, today. Grapes Grown in a Designated Area of vestment Partnerships Program; American (The following Members (at the re- Southeastern California; Establishment of Dream Downpayment Initiative [Docket No. quest of Mr. FOLEY) to revise and ex- Reporting Requirements [Docket No. FV04- FR-4832-l-01] (RIN: 2501-AC93) received April tend their remarks and include extra- 925-1 IFR] received April 29, 2004, pursuant to 13, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Services. neous material:) 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. 7988. A letter from the Assistant Secretary, Mr. HOEKSTRA, for 5 minutes, today. 7978. A letter from the Administrator, Ag- Division of Corporation Finance, Securities Mr. SHIMKUS, for 5 minutes, today. ricultural Marketing Service, Fruit and Veg- and Exchange Commission, transmitting the Mr. HYDE, for 5 minutes, today. etable Programs, Department of Agriculture, Commission’s final rule—Foreign Bank Ex- Mr. FOLEY, for 5 minutes, today. transmitting the Department’s final rule— emption From the Insider Lending Prohibi- Mr. PEARCE, for 5 minutes, today. Nectarines and Peaches Grown in California; tion of Exchange Act Section 13(k) [Release Mr. BURNS, for 5 minutes, today. Revision of Handling Requirements for Fresh No. 34-49616, International Series Release No. Nectarines and Peaches [Docket No. FV04- 1275; File No. S7-15-03] (RIN: 3235-AI81) re- f 916/917-02 IFR] received April 29, 2004, pursu- ceived April 27, 2004, pursuant to 5 U.S.C. SENATE ENROLLED BILL SIGNED ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Financial on Agriculture. Services. The SPEAKER announced his signa- 7979. A letter from the Administrator, Ag- 7989. A letter from the Deputy Secretary, ture to an enrolled bill of the Senate of ricultural Marketing Service, Fruit and Veg- Division of Corporattion Finance, Securities the following title: etable Programs, Department of Agriculture, and Exchange Commission, transmitting the S. 2315.—An act to amend the Communica- transmitting the Department’s final rule— Commission’s final rule—Mandated Elec- tions Satellite Act of 1962 to extend the Cranberries Grown in the States of Massa- tronic Filing for Form ID [Release Nos. 33- deadline for the INTELSAT initial public of- chusetts, et al.; Order Amending Marketing 8410, 34-49585, 35-27837, 39-2420, IC-26241; File fering. Agreement and Order No. 929 [Docket Nos. No. S7-14-04] (RIN: 3235-AJ09) received April AO-341-A6; FV02-929-1] received April 29, 2004, 22, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Financial Services. ADJOURNMENT mittee on Agriculture. 7990. A letter from the Secretary, Depart- 7980. A letter from the Administrator, Ag- ment of Education, transmitting the Depart- Mr. SANDERS. Mr. Speaker, I move ricultural Marketing Service, Fruit and Veg- ment’s final rule—Family Educational that the House do now adjourn. etable Programs, Department of Agriculture, Rights and Privacy Act (RIN: 1855-AA00) re- The motion was agreed to; accord- transmitting the Department’s final rule— ceived May 3, 2004, pursuant to 5 U.S.C. ingly (at 7 o’clock and 10 minutes Pistachios Grown in California; Order Regu- 801(a)(1)(A); to the Committee on Education p.m.), under its previous order, the lating Handling [Docket Nos. AO-F&V-983-2; and the Workforce. FV02-983-01] received April 29, 2004, pursuant 7991. A letter from the Deputy Associate House adjourned until Monday, May 10, to 5 U.S.C. 801(a)(1)(A); to the Committee on Administrator, Environmental Protection 2004, at noon. Agriculture. Agency, transmitting the Agency’s final f 7981. A letter from the Congressional Re- rule—Final Rule to Implement the 8-Hour view Coordinator, APHIS, Department of Ag- Ozone National Ambient Air Quality Stand- EXECUTIVE COMMUNICATIONS, riculture, transmitting the Department’s ard—Phase 1 [OAR 2003-0079, FRL-7651-7] ETC. final rule—Imported Fire Ant; Additions to (RIN: 2060-AJ99) received April 22, 2004, pur- Under clause 8 of rule XII, executive Quarantined Areas [Docket No. 03-109-1] re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- communications were taken from the ceived May 3, 2004, pursuant to 5 U.S.C. mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Agri- 7992. A letter from the Deputy Associate Speaker’s table and referred as follows: culture. Administrator, Environmental Protection 7973. A letter from the Administrator, Ag- 7982. A letter from the Congressional Re- Agency, transmitting the Service’s final ricultural Marketing Service, Fruit and Veg- view Coordinator, APHIS, Department of Ag- rule—In Vitro Dermal Absorption Rate Test- etable Programs, Department of Agriculture, riculture, transmitting the Department’s ing of Certain Chemicals of Interest to the transmitting the Department’s final rule— final rule—Infectious Salmon Anemia; Pay- Occupational Safety and Health Administra- Sweet Onions Grown in the Walla Walla Val- ment of Indemnity [Docket No. 01-126-2] tion [OPPT-2003-0006; FRL-7312-2] (RIN: 2070- ley of Southeast Washington and Northeast (RIN: 0579-AB37) received May 3, 2004, pursu- AD42) received April 22, 2004, pursuant to 5 Oregon; Establishment of Special Purpose ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on En- Shipping Regulations and Modification of on Agriculture. ergy and Commerce. Reporting Requirements [Docket No. FV04- 7983. A letter from the Deputy Associate 7993. A letter from the Deputy Associate 956-1 IFR] received April 29, 2004, pursuant to Administrator, Environmental Protection Administrator, Environmental Protection 5 U.S.C. 801(a)(1)(A); to the Committee on Agency, transmitting the Agency’s final Agency, transmitting the Agency’s final Agriculture. rule—Pesticides; Tolerance Exemptions for rule—Revisions to the Arizona State Imple- 7974. A letter from the Administrator, Ag- Active and Inert Ingredients for Use in Anti- mentation Plan, Pinal County Air Quality ricultural Marketing Service, Fruit and Veg- microbial Formulations (Food-Contact Sur- Control District [AZ 063-0048; FRL-7638-2] re- etable Programs, Department of Agriculture, face Sanitizing Solutions) [OPP-2003-0368; ceived April 22, 2004, pursuant to 5 U.S.C.

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.144 H06PT1 H2726 CONGRESSIONAL RECORD — HOUSE May 6, 2004 801(a)(1)(A); to the Committee on Energy and Restrictions on Libya [Docket No. 040422128- 30, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Commerce. 4128-01] (RIN: 0694-AD14) received May 3, 2004, the Committee on Ways and Means. 7994. A letter from the Director, Inter- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8015. A letter from the Acting Chief, Publi- national Cooperation, Department of De- mittee on International Relations. cations and Regulations, Internal Revenue fense, transmitting a copy of Transmittal 8004. A letter from the Assistant Secretary Service, transmitting the Service’s final No. 06-04 which informs of our intent to sign for Export Administration, Department of rule—Electing Mark to Market for Market- a Memorandum of Understanding (MOU) be- Commerce, transmitting the Department’s able Stock [TD 9123] (RIN: 1545-AY17) re- tween the United States and Japan for Bal- final rule—Protective Equipment Export Li- ceived May 4, 2004, pursuant to 5 U.S.C. listic Missile Defense, pursuant to 22 U.S.C. cense Jurisdiction [Docket No. 040220063-4063- 801(a)(1)(A); to the Committee on Ways and 2767(f); to the Committee on International 01] (RIN: 0694-AC64) received May 3, 2004, pur- Means. Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 8016. A letter from the Acting Chief, Publi- 7995. A letter from the Director, Inter- mittee on International Relations. cations and Regulations Br., Internal Rev- national Cooperation, Department of De- 8005. A letter from the Assistant Secretary enue Service, transmitting the Service’s fense, transmitting a copy of Transmittal for Legislative Affairs, Department of State, final rule—At-Risk Limitations; Interest No. 05-04 which informs of our intent to sign transmitting the Department’s final rule— Other Than That of a Creditor [TD 9124] a Memorandum of Understanding (MOU) be- Amendment to the International Traffic in (RIN: 1545-BA69) received May 4, 2004, pursu- tween the United States and Australia for Arms Regulations: United States Munitions ant to 5 U.S.C. 801(a)(1)(A); to the Committee Ballistic Missile Defense, pursuant to 22 List [Public Notice Z] (RIN: 1400-ZA10) re- on Ways and Means. U.S.C. 2767(f); to the Committee on Inter- ceived May 3, 2004, pursuant to 5 U.S.C. 8017. A letter from the SSA Regulations Of- national Relations. 801(a)(1)(A); to the Committee on Inter- ficer, Social Security Administration, trans- 7996. A letter from the Assistant Secretary national Relations. mitting the Administration’s final rule— for Legislative Affairs, Department of State, 8006. A letter from the Assistant Director, Special Benefits for Certain World War II transmitting certification of a proposed Executive & Political Personnel, Depart- Veterans; Reporting Requirements, Suspen- amendment to a manufacturing license ment of the Army, transmitting a report sion and Termination Events, Overpayments agreement for the export of defense articles pursuant to the Federal Vacancies Reform and Underpayments, Administrative Review or defense services to Japan (Transmittal Act of 1998; to the Committee on Govern- Process, Claimant Representation, and Fed- No. DDTC 029-04), pursuant to 22 U.S.C. ment Reform. eral Administration of State Recognition 2776(c); to the Committee on International 8007. A letter from the Attorney Advisor, Payments (RIN: 0960-AF72) received April 30, Relations. Department of Transportation, transmitting 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7997. A letter from the Assistant Secretary a report pursuant to the Federal Vacancies Committee on Ways and Means. for Legislative Affairs, Department of State, Reform Act of 1998; to the Committee on f transmitting certification of a proposed li- Government Reform. cense for the export of major defense equip- 8008. A letter from the Inspector General, REPORTS OF COMMITTEES ON ment and defense articles to South Korea, Office of Personnel Management, transmit- PUBLIC BILLS AND RESOLUTIONS Turkey, Spain, Saudi Arabia, and Chile ting the semiannual report on the activities Under clause 2 of rule XIII, reports of (Transmittal No. DDTC 007-04), pursuant to of the Inspector General and the Manage- 22 U.S.C. 2776(c); to the Committee on Inter- ment Response for the period of April 1, 2003 committees were delivered to the Clerk national Relations. to September 30, 2003, pursuant to 5 U.S.C. for printing and reference to the proper 7998. A letter from the Assistant Secretary app. (Insp. Gen. Act) section 5(b); to the calendar, as follows: for Legislative Affairs, Department of State, Committee on Government Reform. Mr. HYDE. Committee on International transmitting certification of a proposed li- 8009. A letter from the Chairman, Election Relations. H.R. 4060. A bill to amend the cense for the export of major defense equip- Assistance Commission, transmitting the Peace Corps Act to establish an Ombudsman ment and defense articles to Japan (Trans- Commission’s FY 2003 Annual Report, sub- and an Office of Safety and Security of the mittal No. DDTC 021-04), pursuant to 22 mitted in accordance with Section 207 of the Peace Corps, and for other purposes (Rept. U.S.C. 2776(c); to the Committee on Inter- Help America Vote Act of 2002 (HAVA); to 108–481 Pt. 1). Referred to the Committee of national Relations. the Committee on House Administration. the Whole House on the State of the Union. 7999. A letter from the Assistant Secretary 8010. A letter from the Paralegal Spe- DISCHARGE OF COMMITTEE for Legislative Affairs, Department of State, cialist, FAA, Department of Transportation, Pursuant to clause 2 of rule XII. The transmitting certification of a proposed li- transmitting the Department’s final rule— cense for the export of major defense equip- Amendment of Class E Airspace; Lexington, Committee on Government Reform dis- ment and defense articles to Canada and the TN [Docket No. FAA-2003-16622; Airspace charged from further consideration. United Kingdom (Transmittal No. DDTC 022- Docket No. 03-ASO-21] received April 30, 2004, H.R. 4060 referred to the Committee of 04), pursuant to 22 U.S.C. 2776(c); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Whole House on the State of the mittee on International Relations. mittee on Transportation and Infrastruc- Union. 8000. A letter from the Assistant Secretary ture. f for Legislative Affairs, Department of State, 8011. A letter from the Deputy Associate transmitting certification of a proposed Administrator, Environmental Protection TIME LIMITATION OF REFERRED manufacturing license agreement for the Agency, transmitting the Agency’s final BILL manufacture of significant military equip- rule—Use of Section 106 Grant Funds to ment abroad and the export of defense arti- Achieve Environmental Results—received Pursuant to clause 2 of rule XII the cles or defense services with the United April 22, 2004, pursuant to 5 U.S.C. following action was taken by the Kingdom (Transmittal No. DDTC 013-04), 801(a)(1)(A); to the Committee on Transpor- Speaker: pursuant to 22 U.S.C. 2776(d); to the Com- tation and Infrastructure. H.R. 4060. Referral to the Committee on mittee on International Relations. 8012. A letter from the Executive Vice Government Reform extended for a period 8001. A letter from the Assistant Secretary President, Tennessee Valley Authority, ending not later than May 6, 2004. for Export Administration, Department of transmitting a copy of the Authority’s sta- f Commerce, transmitting the Department’s tistical summary for Fiscal Year 2003, pursu- final rule—Revisions to the Export Adminis- ant to 16 U.S.C. 831h(a); to the Committee on PUBLIC BILLS AND RESOLUTIONS tration Regulations based on the 2003 Missile Transportation and Infrastructure. Under clause 2 of rule XII, public 8013. A letter from the Regulations Coordi- Technology Control Regime Plenary Agree- bills and resolutions were introduced ments [Docket No. 040414116-4116-01] (RIN: nator, Centers for Medicare and Medicaid 0694-AD01) received May 3, 2004, pursuant to Services, Department of Health and Human and severally referred, as follows: 5 U.S.C. 801(a)(1)(A); to the Committee on Services, transmitting the Department’s By Mr. HINOJOSA (for himself, Mr. International Relations. ‘‘Major’’ final rule—Medicare Program; Pro- LAMPSON, Mr. RODRIGUEZ, Mr. GREEN 8002. A letter from the Assistant Secretary spective Payment System for Long-Term of Texas, Mr. FROST, Mr. PAUL, Mr. for Export Administration, Department of Care Hospitals: Annual Payment Rate Up- GONZALEZ, Mr. REYES, Mr. ORTIZ, Ms. Commerce, transmitting the Department’s dates and Policy Changes [CMS-1263-F] (RIN: JACKSON-LEE of Texas, Ms. EDDIE final rule—Amendment to the Export Ad- 0938-AM84) received April 30, 2004, pursuant BERNICE JOHNSON of Texas, Mr. BELL, ministration Regulations: Correction to to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. EDWARDS, Mr. STENHOLM, Mr. ECCN 1C355 on the Commerce Control List Ways and Means. SANDLIN, Mr. DOGGETT, Mr. TURNER [Docket No. 040206045-4045-01] (RIN: 0694- 8014. A letter from the Regulations Coordi- of Texas, Mr. CULBERSON, Mr. BRADY AC87) received May 3, 2004, pursuant to 5 nator, Centers for Medicare and Medicaid of Texas, Mr. HENSARLING, Mr. HALL, U.S.C. 801(a)(1)(A); to the Committee on Services, Department of Health and Human Mr. SAM JOHNSON of Texas, Mr. International Relations. Services, transmitting the Department’s CARTER, Mr. SMITH of Texas, Ms. 8003. A letter from the Assistant Secretary ‘‘Major’’ final rule—Medicare Program; GRANGER, Mr. THORNBERRY, Mr. for Export Administration, Department of Changes to the Criteria for Being Classified DELAY, Mr. NEUGEBAUER, Mr. SES- Commerce, transmitting the Department’s as an Inpatient Rehabilitation Facility SIONS, Mr. BARTON of Texas, Mr. final rule—Revision of Export and Reexport [CMS-1262-F] (RIN: 0938-AM71) received April BONILLA, and Mr. BURGESS):

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\L06MY7.000 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2727

H.R. 4299. A bill to designate the facility of BEAUPREZ, Mr. HOSTETTLER, Mrs. for fiscal year 2003; to the Committee on the United States Postal Service located at WILSON of New Mexico, Mr. MILLER of Education and the Workforce. 410 South Jackson Road in Edinburg, Texas, Florida, Mr. FEENEY, Mr. CHABOT, By Mr. REHBERG: as the ‘‘Dr. Miguel A. Nevarez Post Office Mr. WILSON of South Carolina, Mrs. H.R. 4315. A bill to prohibit the Secretary Building’’; to the Committee on Government MYRICK, Mr. JONES of North Carolina, of the Army from releasing water from Fort Reform. Mrs. MUSGRAVE, Mr. GARRETT of New Peck Dam if the water level of Fort Peck By Mr. ISSA (for himself, Mrs. BONO, Jersey, Mr. SHADEGG, Mr. KLINE, Mr. Lake is 20 feet or more below the reservoir’s and Mr. CALVERT): FRANKS of Arizona, Ms. GINNY full pool, and for other purposes; to the Com- H.R. 4300. A bill to amend the Reclamation BROWN-WAITE of Florida, Mr. GREEN mittee on Transportation and Infrastruc- Wastewater and Groundwater Study and Fa- of Wisconsin, Mr. PENCE, Mr. DUN- ture. cilities Act to authorize the Secretary of the CAN, Mr. PEARCE, Mr. HASTINGS of By Ms. SCHAKOWSKY (for herself, Mr. Interior to participate in the Eastern Munic- Washington, Mr. CARTER, Mr. ANDREWS, Mr. CONYERS, Ms. ipal Water District Recycled Water System EHLERS, Mr. MURPHY, Mr. BARRETT of DELAURO, Mr. DEUTSCH, Mr. FILNER, Pressurization and Expansion Project; to the South Carolina, Mr. SENSENBRENNER, Mr. FROST, Mr. HOEFFEL, Mr. Committee on Resources. Ms. HART, Mr. DOOLITTLE, Mr. CAN- HOLDEN, Ms. EDDIE BERNICE JOHNSON By Mr. TERRY (for himself, Mr. BE- NON, Mr. TURNER of Ohio, Mr. BOYD, of Texas, Mrs. MCCARTHY of New REUTER, and Mr. OSBORNE): Mr. GOODE, Mr. MARIO DIAZ-BALART York, Mr. MEEK of Florida, Mr. NAD- H.R. 4301. A bill to authorize an additional of Florida, Mr. SOUDER, Mr. QUINN, LER, Ms. NORTON, Ms. ROYBAL-AL- district judgeship for the district of Ne- and Mr. GERLACH): LARD, Ms. LINDA T. SANCHEZ of Cali- braska; to the Committee on the Judiciary. H.R. 4307. A bill to amend the Internal Rev- fornia, and Mr. VISCLOSKY): By Mr. TOM DAVIS of Virginia (for enue Code of 1986 to allow employers a credit H.R. 4316. A bill to amend the Public himself and Ms. NORTON): against income tax for increasing employ- Health Service Act to establish direct care H.R. 4302. A bill to amend title 21, District ment; to the Committee on Ways and Means. registered nurse-to-patient staffing ratio re- of Columbia Official Code, to enact the pro- By Mr. FLAKE (for himself, Mrs. quirements in hospitals, and for other pur- visions of the Mental Health Civil Commit- poses; to the Committee on Energy and Com- ment Act of 2002 which affect the Commis- CHRISTENSEN, Ms. BORDALLO, Mr. merce, and in addition to the Committee on sion on Mental Health and require action by FALEOMAVAEGA, and Mr. ACEVEDO- Ways and Means, for a period to be subse- Congress in order to take effect; to the Com- VILA): quently determined by the Speaker, in each mittee on Government Reform. H.R. 4308. A bill to ensure consultation case for consideration of such provisions as By Mr. BERMAN (for himself and Mr. with the governments of the territories of the United States with respect to trade pol- fall within the jurisdiction of the committee KNOLLENBERG): H.R. 4303. A bill to authorize the Secretary icy and trade agreements; to the Committee concerned. of State to make grants to American-spon- on Ways and Means. By Mr. TURNER of Texas (for himself, sored schools in Arab and other predomi- By Mr. HILL: Mr. BARTON of Texas, Mr. BELL, Mr. nantly Muslim countries to provide full or H.R. 4309. A bill to amend the Clean Air BURGESS, Mr. CARTER, Mr. partial merit-based scholarships for children Act to provide needed flexibility to States CULBERSON, Mr. EDWARDS, Mr. FROST, from lower- and middle-income families of regarding the designation of certain counties Mr. GREEN of Texas, Mr. HENSARLING, such countries to attend such schools, and as nonattainment areas for ozone under the Mr. HINOJOSA, Ms. JACKSON-LEE of for other purposes; to the Committee on 8-hour ozone standard, and for other pur- Texas, Ms. EDDIE BERNICE JOHNSON of International Relations. poses; to the Committee on Energy and Com- Texas, Mr. LAMPSON, Mr. PAUL, Mr. By Mr. BOSWELL (for himself, Ms. merce. REYES, Mr. SANDLIN, Mr. STENHOLM, PELOSI, Mr. HOYER, Mr. MENENDEZ, By Mr. LAHOOD (for himself, Mr. and Mr. DELAY): Mr. GEORGE MILLER of California, Ms. EMANUEL, Mr. HINCHEY, Mr. JEFFER- H.R. 4317. A bill to name the Department of DELAURO, Mr. MATSUI, Mr. RANGEL, SON, Mr. LATOURETTE, Mr. MAN- Veterans Affairs outpatient clinic located in Mr. DINGELL, Mr. BERRY, Mr. BROWN ZULLO, Mr. SHIMKUS, and Mrs. JONES Lufkin, Texas, as the ‘‘Charles Wilson De- of Ohio, Mr. STARK, Ms. SCHAKOWSKY, of Ohio): partment of Veterans Affairs Outpatient Mr. MCDERMOTT, Mr. PALLONE, Mr. H.R. 4310. A bill to direct the Secretary of Clinic‘‘; to the Committee on Veterans’ Af- GREEN of Texas, Mr. DOGGETT, Mr. Commerce to make noninterest bearing fairs. ALLEN, Mr. SANDLIN, Ms. SOLIS, Mr. loans to State and local governments solely By Mr. WEINER: H.R. 4318. A bill to amend the Higher Edu- FROST, Mr. SERRANO, Ms. JACKSON- for the purpose of funding capital projects, cation Act of 1965 to require institutions of LEE of Texas, Mr. GRIJALVA, Mr. and for other purposes; to the Committee on higher education to widely distribute infor- HOEFFEL, Ms. ESHOO, Mr. KILDEE, Mr. Government Reform. mation describing their procedures for re- WEINER, Mr. FARR, Mr. WEXLER, Mr. By Mr. MARKEY: H.R. 4311. A bill to reinstate the Federal ceiving and responding to complaints con- HASTINGS of Florida, Mr. OLVER, Mr. Communications Commission’s rules for the cerning harassment; to the Committee on NADLER, Mr. HINCHEY, Mr. TIERNEY, description of video programming; to the Education and the Workforce. Mr. LANTOS, Mr. MORAN of Virginia, Committee on Energy and Commerce. By Mr. PORTER (for himself, Mr. Mrs. MALONEY, Mr. ABERCROMBIE, Ms. By Mr. MARKEY (for himself, Mr. PAYNE, Mr. BALLANCE, Mr. KILPATRICK, Mr. CLAY, Mr. KENNEDY TURNER of Texas, Mr. ISRAEL, Ms. LO- MCDERMOTT, Mr. RUPPERSBERGER, of Rhode Island, Ms. WATERS, Mr. RETTA SANCHEZ of California, Mr. Mr. FROST, Mr. OWENS, Mr. DUNCAN, JACKSON of Illinois, Mr. HONDA, Ms. DICKS, Ms. HARMAN, Mr. CARDIN, Ms. Mr. UPTON, Mr. WILSON of South WATSON, Mr. RODRIGUEZ, Mr. GUTIER- SLAUGHTER, Mrs. LOWEY, Ms. NORTON, Carolina, Mr. COX, Mr. CUNNINGHAM, REZ, Mr. OBERSTAR, Mrs. LOWEY, Ms. Ms. LOFGREN, Ms. MCCARTHY of Mis- Mr. EHLERS, Mr. SCOTT of Georgia, LOFGREN, and Ms. SLAUGHTER): H.R. 4304. A bill to amend the Medicare souri, Ms. JACKSON-LEE of Texas, Mr. BAIRD, Mr. SPRATT, Mr. MEEKS of Prescription Drug, Improvement, and Mod- Mrs. CHRISTENSEN, Mr. LUCAS of Ken- New York, Ms. PRYCE of Ohio, Mr. ernization Act of 2003 to eliminate overpay- tucky, Mr. LANGEVIN, Mr. MEEK of GIBBONS, Mr. ROGERS of Alabama, ments to health maintenance organizations Florida, Mr. ACEVEDO-VILA, Mr. Mr. RANGEL, Ms. CORRINE BROWN of and other private plans under part C of title STARK, and Mr. GREEN of Texas): Florida, Mr. SIMMONS, Mr. XVIII of the Social Security Act; to the H.R. 4312. A bill to enhance aviation secu- HOSTETTLER, Mr. CRAMER, Mr. Committee on Ways and Means, and in addi- rity; to the Committee on Transportation ISAKSON, and Mr. CAPUANO): tion to the Committee on Energy and Com- and Infrastructure. H. Con. Res. 417. Concurrent resolution merce, for a period to be subsequently deter- By Mr. NADLER (for himself, Ms. honoring the Tuskegee Airmen and their mined by the Speaker, in each case for con- LINDA T. SANCHEZ of California, Mr. contribution in creating an integrated sideration of such provisions as fall within FRANK of Massachusetts, Mr. FROST, United States Air Force, the world’s fore- the jurisdiction of the committee concerned. Ms. KAPTUR, Mr. MCGOVERN, Ms. most Air and Space Supremacy Force; to the By Mr. BRADY of Pennsylvania: DELAURO, Mr. GRIJALVA, Mr. RUSH, Committee on Armed Services. H.R. 4305. A bill to amend title 18, United and Ms. BALDWIN): By Mr. LANTOS (for himself, Mr. States Code, to increase protections for chil- H.R. 4313. A bill to direct the Secretary of LEACH, Mr. FALEOMAVAEGA, and Mr. dren from obscene material on the Internet; Education to provide grants to States to es- HYDE): to the Committee on the Judiciary. tablish and carry out or continue to carry H. Con. Res. 418. Concurrent resolution rec- By Mr. CANNON (for himself and Mr. out antiharassment programs; to the Com- ognizing the importance in history of the ANDREWS): mittee on Education and the Workforce. 150th anniversary of the establishment of H.R. 4306. A bill to amend section 274A of By Mr. RAMSTAD: diplomatic relations between the United the Immigration and Nationality Act to im- H.R. 4314. A bill to ensure that the total States and Japan; to the Committee on prove the process for verifying an individ- amount of funds awarded to a State under International Relations. ual’s eligibility for employment; to the Com- part A of title I of the Elementary and Sec- By Mr. YOUNG of Alaska: mittee on the Judiciary. ondary Education Act of 1965 for fiscal year H. Con. Res. 419. Concurrent resolution rec- By Mr. CHOCOLA (for himself, Mr. 2004 is not less than the total amount of ognizing National Transportation Week and DAVIS of Tennessee, Mr. COLE, Mr. funds awarded to the State under such part applauding the men and women who keep

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\L06MY7.100 H06PT1 H2728 CONGRESSIONAL RECORD — HOUSE May 6, 2004

America moving; to the Committee on Gov- sylvania, relative to House Resolution No. Ms. WOOLSEY, and Ms. CORRINE BROWN of ernment Reform. 682 memorializing the Department of Vet- Florida. By Mr. RANGEL: erans Affairs to further evaluate the nega- H.R. 3692: Mr. FROST, Mr. HINOJOSA, Ms. H. Res. 629. A resolution impeaching Don- tive effects of the proposed realignment of JACKSON-LEE of Texas, Ms. MILLENDER- ald Rumsfeld, Secretary of Defense; to the veterans services and to consider alternative MCDONALD, Mr. PASTOR, Mr. RUSH, Mr. Committee on the Judiciary. measures for the provision and TOWNS, Mr. WEXLER, Ms. LOFGREN, Ms. By Mr. SABO (for himself, Mr. GUT- enchancement of quality health care for vet- SLAUGHTER, Mr. WALSH, and Mr. LAHOOD. KNECHT, Mr. KENNEDY of Minnesota, erans in the Commonwealth of Pennsylvania; H.R. 3736: Ms. HART and Mr. OSBORNE. Mr. KLINE, Ms. MCCOLLUM, Mr. OBER- to the Committee on Veterans’ Affairs. H.R. 3777: Mr. DAVIS of Tennessee. STAR, Mr. PETERSON of Minnesota, H.R. 3800: Mr. GOODLATTE. f and Mr. RAMSTAD): H.R. 3815: Ms. JACKSON-LEE of Texas and H. Res. 630. A resolution commending the ADDITIONAL SPONSORS Mr. BISHOP of New York. University of Minnesota Golden Gophers for H.R. 3840: Ms. DUNN. winning the 2003-2004 National Collegiate Under clause 7 of rule XII, sponsors H.R. 3864: Mr. UDALL of Colorado. Athletic Association Division I National Col- were added to public blls and resolu- H.R. 3921: Mr. GRIJALVA. legiate Women’s Ice Hockey Championship; tions as follows: H.R. 3952: Mr. ROYCE, Mr. SESSIONS, Mr. JONES of North Carolina, Mr. AKIN, Mr. to the Committee on Education and the H.R. 25: Mr. BURTON of Indiana. BARTLETT of Maryland, and Mr. GILLMOR. Workforce. H.R. 141: Mr. SCHROCK. H.R. 3968: Mr. ALLEN. By Mr. STEARNS: H.R. 371: Mr. JACKSON of Illinois, Mr. H. Res. 631. A resolution expressing the H.R. 3981: Mr. ROGERS of Alabama. WEINER, Mrs. MCCARTHY of New York, Mr. sense of the House of Representatives that H.R. 3988: Mr. BROWN of Ohio, Mr. DAVIS of FILNER, Mr. GORDON, and Mr. MCCOTTER. there should be established an ‘‘Electrical Alabama, and Ms. LOFGREN. H.R. 525: Mr. GILCHREST and Mr. PICKERING. Safety Month’’; to the Committee on Gov- H.R. 3990: Mr. ENGLISH and Mr. PETRI. H.R. 548: Mr. KANJORSKI. ernment Reform. H.R. 4026: Mr. OSBORNE. H.R. 623: Mr. PRICE of North Carolina. By Mr. TANCREDO (for himself, Mr. H.R. 4033: Mr. FORD. H.R. 677: Mr. RUPPERSBERGER. SMITH of New Jersey, Mr. RYAN of H.R. 4035: Mr. RANGEL, Mr. STARK, Mr. H.R. 687: Mrs. KELLY. Ohio, and Ms. KAPTUR): BECERRA, Mr. SPRATT, Mr. BROWN of Ohio, H.R. 713: Mr. ISAKSON. H. Res. 632. A resolution urging the Gov- Mr. CUMMINGS, Ms. SCHAKOWSKY, Ms. ROS- H.R. 716: Mrs. MYRICK. ernment of Romania to provide equitable, LEHTINEN, and Ms. LOFGREN. H.R. 757: Mr. THOMPSON of Mississippi. prompt, and fair restitution to the Roma- H.R. 4039: Mr. WILSON of South Carolina. H.R. 834: Mr. ROGERS of Alabama. nian Greek Catholic Church, the Roman H.R. 4052: Mr. ANDREWS and Mr. STUPAK. H.R. 857: Mr. LINCOLN DIAZ-BALART of Flor- Catholic Church, the Evangelical Lutheran H.R. 4056: Mr. MCINNIS. ida, Mr. COX, Mr. HYDE, and Mr. MARIO DIAZ- Church, the Unitarian Church, the Hun- H.R. 4057: Ms. HART. BALART of Florida. garian Reformed Church, the Jewish commu- H.R. 4064: Mr. NORWOOD, Mr. BEREUTER, Mr. H.R. 1022: Mr. OLVER. nity, and other affected religious commu- MANZULLO, Mr. DOOLITTLE, Mr. MILLER of H.R. 1057: Mr. DEUTSCH. nities for property confiscated by the former Florida, Mr. LEWIS of Kentucky, Mr. KLINE, H.R. 1084: Mr. SHIMKUS. Communist government in Romania; to the and Mr. BRADY of Texas. H.R. 1227: Mr. EDWARDS. Committee on International Relations. H.R. 4065: Mr. SIMMONS. H.R. 1231: Mr. KNOLLENBERG. By Mr. UDALL of New Mexico: H.R. 4101: Mr. LEVIN and Ms. LEE. H.R. 1551: Mr. HOEFFEL and Mr. BRADY of H. Res. 633. A resolution expressing the H.R. 4102: Mr. HOLT, Mr. WU, Mr. CASE, and Pennsylvania. sense of the House of Representatives that Mrs. DAVIS of California. H.R. 1567: Mr. BONNER and Mr. BALLENGER. there is a critical need to increase awareness H.R. 4104: Mr. MOORE and Mr. TURNER of H.R. 1910: Mr. RUPPERSBERGER and Mr. and education about hepatitis C; to the Com- Texas. MEEKS of New York. mittee on Energy and Commerce. H.R. 4107: Mr. OWENS, Mr. RANGEL, Mr. H.R. 1930: Ms. CARSON of Indiana and Ms. BALLANCE, Mr. CONYERS, Mr. TOWNS, Mr. f KILPATRICK. LANTOS, Mr. MEEHAN, Mr. GRIJALVA, Mr. MEMORIALS H.R. 1935: Ms. LOFGREN and Mr. PALLONE. SIMMONS, Mr. SHERWOOD, Mr. ENGLISH, Mr. H.R. 2085: Mr. HALL. CARDIN, Mr. UDALL of Colorado, and Mr. Under clause 3 of rule XII, memorials H.R. 2151: Ms. BALDWIN and Mr. ROSS. GREENWOOD. were presented and referred as follows: H.R. 2198: Mr. TIERNEY, Mr. LANTOS, Mr. H.R. 4108: Mr. CUMMINGS, Mr. SULLIVAN, 320. The SPEAKER presented a memorial RANGEL, Mrs. JO ANN DAVIS of Virginia, and Mr. CARDIN, Mr. WAXMAN, Mr. MARKEY, Mr. of the Senate of the State of Georgia, rel- Mr. LYNCH. GUTIERREZ, Mr. MCCOLLUM, Mr. MILLER of ative to Senate Resolution No. 755 memori- H.R. 2295: Mr. COOPER. North Carolina, Mr. GORDON, Ms. LEE, Ms. alizing the Congress of the United States to H.R. 2305: Mr. SHAYS. HART, Mr. DAVIS of Alabama, and Mr. MEEKS consider creating a national preserve or H.R. 2442: Mr. BECERRA, Ms. DELAURO, Mr. of New York. other similar federal property to protect ISRAEL, and Mr. BOEHLERT. H.R. 4116: Mr. MILLER of North Carolina. land and other natural resources in a contin- H.R. 2735: Mr. BISHOP of Utah. H.R. 4149: Mr. ESHOO and Mr. CUNNINGHAM. uous corridor of the Ocmulgee and Altamaha H.R. 2762: Mr. BRADLEY of New Hampshire. H.R. 4150: Mr. FOLEY, Mr. PENCE, and Mr. Rivers in central and south Georgia; to the H.R. 2890: Mr. BURR. BAKER. Committee on Resources. H.R. 2905: Mr. PLATTS. H.R. 4188: Mr. MCKEON, Mr. BURR, Mr. SIM- 321. Also, a memorial of the General As- H.R. 2933: Mr. KLINE. MONS, and Mr. FERGUSON. sembly of the State of Iowa, relative to Sen- H.R. 2959: Ms. BALDWIN, Mr. GIBBONS, Mr. H.R. 4192: Mr. BRADY of Pennsylvania, Mr. ate Resolution No. 148 memorializing the THOMPSON of Mississippi, Ms. MAJETTE, Mr. EVANS, Mr. CUMMINGS, Mr. RANGEL, and Mr. Congress of the United States to authorize GILCHREST, Mr. KIRK, Ms. DELAURO, Mr. SIM- MENENDEZ. and appropriate funding to the National MONS, Mr. TANCREDO, Mr. SCHIFF, Mr. LUCAS H.R. 4203: Mr. TAYLOR of North Carolina, Park Service to assist state and local gov- of Kentucky, Mr. ALLEN, Mr. LEWIS of Ken- Mr. JONES of North Carolina, Mr. HAYES, Mr. ernments and private landowners in devel- tucky, Mr. SANDERS, Ms. SCHAKOWSKY, and MILLER of North Carolina, Mr. SOUDER, Mr. oping a comprehensive plan to preserve and Mr. SIMPSON. MYRICK, and Mr. GOODE. restore the Loess Hills in Iowa; to the Com- H.R. 3015: Mr. ENGEL. H.R. 4205: Mr. DAVIS of Florida and Mr. mittee on Resources. H.R. 3035: Mr. FOLEY. SWEENEY. 322. Also, a memorial of the Senate of the H.R. 3165: Mr. WELDON of Florida. H.R. 4207: Mr. GONZALEZ and Ms. BERKLEY. Commonwealth of Kentucky, relative to H.R. 3193: Mrs. CAPITO, Mr. POMBO, and Mr. H.R. 4210: Mr. TAYLOR of Mississippi. Senate Resolution No. 168 memorializing the CHANDLER. H.R. 4217: Mr. SULLIVAN, Mr. RUPPERS- Congress of the United States to direct the H.R. 3204: Mr. BONILLA, Mr. BAIRD, Mr. BERGER, Mr. LUCAS of Oklahoma, Mr. CARSON construction of Interstate 66 through the CARDIN, Mrs. DAVIS of California, Ms. of Oklahoma, Mr. ROSS, Mr. TAUZIN, and Mr. Purchase Area of Western Kentucky; to the DEGETTE, Mr. FRANK of Massachusetts, Mr. CLYBURN. Committee on Transportation and Infra- LEVIN, Mrs. MCCARTHY of New York, and Mr. H.R. 4263: Ms. WATERS, Mr. SCOTT of Geor- structure. TANNER. gia, Mr. BECERRA, Ms. ESHOO, Ms. McCOLLUM, 323. Also, a memorial of the House of Rep- H.R. 3242: Ms. LOFGREN, Mr. ISAKSON, Mr. Mr. DICKS, Mr. SMITH of Washington, Mr. resentatives of the Commonwealth of Ken- BURR, Mr. RUPPERSBERGER, Mr. WALDEN of WATT, Ms. LOFGREN, Mr. PASCRELL, Ms. tucky, relative to House Resolution No. 225 Oregon, Mr. BOUCHER, and Mr. SHERWOOD. BORDALLO, Mr. MEEKS of New York, Mr. memorializing the Congress of the United H.R. 3337: Ms. WOOLSEY. ENGEL, Mr. McDERMOTT, Mr. PALLONE, and States to direct the construction of Inter- H.R. 3356: Mr. LEWIS of Kentucky. Mr. CASE. state 66 through the Purchase Area of West- H.R. 3458: Mr. PASTOR, Mr. HINOJOSA, and H.R. 4279: Mr. RAMSTAD, Mr. BRADY of ern Kentucky; to the Committee on Trans- Mr. FRANK of Massachusetts. Texas, and Mr. HULSHOF. portation and Infrastructure. H.R. 3476: Mr. CAPUANO. H.R. 4280: Mr. SCOTT of Georgia. 324. Also, a memorial of the House of Rep- H.R. 3615: Mr. BISHOP of Georgia, Mr. CON- H.R. 4281: Mrs. EMERSON. resentatives of the Commonwealth of Penn- YERS, Mr. PASTOR, Mr. BAIRD, Mr. PALLONE, H.R. 4282: Ms. BORDALLO.

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\L06MY7.100 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2729

H.R. 4290: Mr. CONYERS and Mr. SANDERS. WEXLER, Mr. CHABOT, Mr. SHIMKUS, Mr. jointly to the Committees on Resources and H.J. Res. 60: Mr. BRADLEY of New Hamp- SAXTON, Mr. BURTON of Indiana, Mr. FOLEY, Transportation and Infrastructure. shire. Mr. MCNULTY, Mr. SHERMAN, and Mr. OTTER. H. Con. Res. 319: Mr. McGOVERN, Mr. H. Res. 616: Mr. MCNULTY, Mr. SMITH of f ENGEL, Mr. SHIMKUS, Mr. GRIJALVA, Mr. New Jersey, Mr. CHANDLER, Mr. ENGEL, Mr. WEXLER, Ms. BERKLEY, Mr. CHABOT, Mr. BERMAN, Mr. WEXLER, Mr. CHABOT, Mr. CROWLEY, and Mr. BURTON of Indiana. SHIMKUS, Mr. BURTON of Indiana, and Mr. DISCHARGE PETITIONS— H. Con. Res. 363: Ms. HARRIS and Mr. SHERMAN. ADDITIONS OR DELETIONS EXLER W . H. Res. 622: Mr. RAMSTAD. H. Con. Res. 371: Mr. WHITFIELD and Mr. The following Members added their H. Res. 626: Ms. PELOSI. MARSHALL. names to the following discharge peti- H. Con. Res. 391: Mr. LANTOS, Mr. BAIRD, f tions: Mr. LARSON of Connecticut, Mr. MARKEY, Mr. SCHIFF, and Ms. MILLENDER-McDONALD. DELETIONS OF SPONSORS FROM Petition 6, by Mr. TURNER of Texas on H. Con. Res. 398: Mr. BAIRD. PUBLIC BILLS AND RESOLUTIONS House Resolution 523: Robert E. Andrews and H. Con. Res. 403: Mr. PRICE of North Caro- Richard E. Neal. lina, Mr. NEAL of Massachusetts, Mr. ENGEL, Under clause 7 of rule XII, sponsors Petition 7, by Mr. BAIRD on House Resolu- Mr. WELDON of Florida, Mr. INSLEE, Mr. LI- were deleted from public bills and reso- tion 572: Alcee L. Hastings and Steven R. PINSKI, Mr. BURNS, Mr. GORDON, Mr. lutions as follows: Rothman. OSBORNE, and Mr. PASTOR. H.R. 1078: Mr. KING of Iowa. Petition 8, by Mr. EDWARDS on House H. Con. Res. 405: Mr. WOLF and Mr. FOLEY. Resolution 584: Alcee L. Hastings, Stephanie f H. Con. Res. 409: Mr. POMBO. Tubbs Jones, Carolyn C. Kilpatrick, Edward H. Con. Res. 410: Mr. REHBERG. J. Markey, Richard E. Neal, Charles B. Ran- H. Con. Res. 414: Mr. DELAY, Mr. GREEN- PETITIONS, ETC. gel, Calvin M. Dooley, Luis V. Gutierrez, WOOD, Mrs. BLACKBURN, Mr. CARTER, Mr. Under clause 3 of rule XII, Peter Deutsch, Xavier Becerra, Loretta FLAKE, and Mrs. JO ANN DAVIS of Virginia. 80. The SPEAKER presented a petition of Sanchez, Steven R. Rothman, Maxine Wa- H. Res. 567: Mr. LEVIN and Mr. HOEKSTRA. H. Res. 575: Mrs. TAUSCHER. the Board of Supervisors, La Crosse County, ters, Nick J. Rahall II, John S. Tanner, Rob- H. Res. 577: Mr. ENGEL and Mr. HOEFFEL. Wisconsin, relative to Resolution No. 3-4104, ert Wexler, Nita M. Lowey, Paul E. Kan- H. Res. 604: Mr. STENHOLM, Ms. SLAUGHTER, memorializing the Congress of the United jorski, Robert E. (Bud) Cramer, Jr., Alan B. and Mrs. MILLER of Michigan. States to authorize funding to construct Mollohan, Neil Abercrombie, Harold E. Ford, H. Res. 615: Mr. SMITH of New Jersey, Mr. 1,200-foot locks on the upper Mississippi and Jr., Norman D. Dicks, and Benjamin L. CHANDLER, Mr. ENGEL, Mr. BERMAN, Mr. Illinois River system; which was referred Cardin.

VerDate May 04 2004 03:17 May 07, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.031 H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, THURSDAY, MAY 6, 2004 No. 62 Senate The Senate met at 9:30 a.m. and was and honest minds that the awesome session. This is one of many important called to order by the President pro task that is theirs will be effectively ambassadorial nominations on the Ex- tempore (Mr. STEVENS). achieved for ourselves and our pos- ecutive Calendar. I expect a vote on The PRESIDENT pro tempore. To- terity. Guide them with foresight that this nomination today. Therefore, roll- day’s prayer will be offered by our when their labor here be ended Scrip- call votes will occur during today’s ses- guest Chaplain, Dr. H.D. McCarty, ture could testify of them as it does of sion. Brigadier General, USAF, Retired, of King David, ‘‘he led them with a pure f Fayetteville, AR. heart, and guided them with skillful hands!’’ Amen. CONDEMNING THE GOVERNMENT PRAYER OF THE REPUBLIC OF THE SUDAN f The guest Chaplain offered the fol- Mr. FRIST. Mr. President, I ask lowing prayer: PLEDGE OF ALLEGIANCE unanimous consent that the Senate May we speak to Him for a moment. The PRESIDENT pro tempore led the proceed to the immediate consider- Gentle and patient Father, on this Pledge of Allegiance, as follows: ation of Calendar No. 497, S. Con. Res. National Day of Prayer, we thank You I pledge allegiance to the Flag of the 99. for the love and understanding and for- United States of America, and to the Repub- The PRESIDENT pro tempore. The giveness You have for our imperfec- lic for which it stands, one nation under God, clerk will report the concurrent resolu- tions and blunderings as Your people. indivisible, with liberty and justice for all. tion by title. We are grateful for this wondrous coun- f The legislative clerk read as follows: try whose roots are still deep enough in LEADER TIME A concurrent resolution (S. Con. Res. 99) spiritual reality to acknowledge that condemning the Government of the Republic vital prayer is critically necessary not The PRESIDENT pro tempore. Under of the Sudan for its participation and com- only for our well-being, but for our sur- the previous order, there will now be a plicity in the attacks against innocent civil- vival. period of leader time. ians in the impoverished Darfur region of western Sudan. My Dear Lord, grant afresh to the f Members of this historic Chamber the There being no objection, the Senate increased power in mind, heart and will RECOGNITION OF THE MAJORITY proceeded to consider the concurrent to overcome unnecessary conflicts, LEADER resolution, which had been reported shallow contentions and abiding dif- The PRESIDENT pro tempore. The from the Committee on Foreign Rela- ferences to such a degree that their majority leader is recognized. tions with an amendment and an honest tensions will bring the good and f amendment to the preamble: the best to our American people, both (Strike the parts shown in black brackets living in our homeland or serving SCHEDULE and insert the parts printed in italic.) throughout the world. Give our Presi- Mr. FRIST. Mr. President, this morn- S. CON. RES. 99 dent, our leaders, our citizens and espe- ing, the Senate will conduct a period of øWhereas, since early 2003, a conflict be- cially these Senators a depth of self- morning business for up to 90 minutes, tween forces of the Government of the Re- lessness, a love of others and an expan- with the first 45 minutes under the public of the Sudan, including militia forces sion of vision that will enhance and control of the majority leader or his backed by the Government, and rebel forces fulfill dreams and goals of our gifted designee and the second 45 minutes in the impoverished Darfur region of western Founding Fathers. Let them seek and under the control of the Democratic Sudan has resulted in attacks by ground and air forces of the Government of Sudan find Your path as earnestly today as leader or his designee. Following morn- against innocent civilians and undefended our ancestors did in 1776 and 1787. ing business, the Senate will resume villages in the region; Finally, my Lord, teach us that pray- consideration of the FSC/ETI JOBS øWhereas the militia forces backed by the er that is powerful is more than asking bill. Government of Sudan have also engaged in You for gifts, answers or promises ful- We made significant progress on the the use of rape as a weapon of war, the ab- filled but, rather, the yielding of our- bill thus far this week. I hope that will duction of children, the destruction of food selves to truth. May our actions dem- continue through today. Chairman and water sources, and the deliberate and systematic manipulation and denial of hu- onstrate that our passion for our coun- GRASSLEY and Senator BAUCUS will be manitarian assistance for the people of the try is not sourced in the conservative here to continue working through rel- Darfur region; view of truth or the liberal view of evant amendments. øWhereas United Nations officials and non- truth but in the right view of truth. In addition, we expect to consider the governmental organizations have indicated Give our Senators righteous, humble Negroponte nomination during today’s that the humanitarian situation in the

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

S4931

.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4932 CONGRESSIONAL RECORD — SENATE May 6, 2004 Darfur region is extremely urgent, particu- Whereas the Government of Sudan continues crimes against humanity in Darfur are account- larly in light of restrictions by the Govern- to deny humanitarian assistance for the people able for their actions. ment of Sudan on the delivery of humani- of the Darfur region by denying them unre- Mr. FRIST. Mr. President, I wish to tarian assistance for the people of the re- stricted access to humanitarian aid organiza- make a brief comment. First, I ask tions; gion; unanimous consent that the com- øWhereas, on December 18, 2003, United Na- Whereas attacks on civilians in Darfur con- tions Undersecretary General for Humani- tinue despite an April 8, 2004, temporary cease- mittee-reported amendment be agreed tarian Affairs Jan Egeland declared that the fire agreement; and to, the concurrent resolution, as Darfur region was probably ‘‘the world’s Whereas nearly 3,000,000 people affected by amended, be agreed to, the amendment worst humanitarian catastrophe’’; the conflict in the Darfur region have remained to the preamble be agreed to, the pre- øWhereas, on February 17, 2004, Amnesty beyond the reach of aid agencies trying to pro- amble, as amended, be agreed to, the International reported that it ‘‘continues to vide essential humanitarian assistance, and motions to reconsider be laid upon the receive details of horrifying attacks against United Nations aid agencies estimate that they have been able to reach only 15 percent of peo- table en bloc, and that any statements civilians in villages by government war- relating thereto be printed in the planes, soldiers, and pro-government mili- ple in need and that more than 700,000 people RECORD, with no intervening action. tia’’; have been displaced within Sudan in the past øWhereas, on February 18, 2004, United Na- year: Now, therefore, be it The PRESIDENT pro tempore. With- Resolved, øThat Congress— tions Special Envoy for Humanitarian Af- out objection, it is so ordered. ø(1) strongly condemns the Government of fairs in Sudan Tom Eric Vraalsen declared, The committee amendment, in the the Republic of the Sudan for its attacks following a trip to the Darfur region, that nature of a substitute, was agreed to. against innocent civilians in the impover- The concurrent resolution (S. Con. ‘‘aid workers are unable to reach the vast ished Darfur region of western Sudan and for majority [of the displaced]’’; its failure to take effective actions to stop Res. 99), as amended, was agreed to. ø Whereas Doctors Without Borders, the militia attacks on civilians in the region, The amendment to the preamble, in Nobel Peace Prize-winning medical humani- and demands that the Government of Sudan the nature of a substitute, was agreed tarian relief organization and one of the few immediately take actions to cease these at- to. aid groups on the ground in the Darfur re- tacks; The preamble was agreed to. gion, reported that the region is the scene of ø(2) calls on the international community The concurrent resolution, with its ‘‘catastrophic mortality rates’’; and to strongly condemn the Government of preamble, reads as follows: øWhereas nearly 3,000,000 people affected Sudan for its participation and complicity in S. CON. RES. 99 by the conflict in the Darfur region have re- these attacks and demand that such attacks mained beyond the reach of aid agencies try- cease; Whereas, since early 2003, a conflict be- ing to provide essential humanitarian assist- ø(3) urges the Government of Sudan to tween forces of the Government of the Re- ance, and United Nations aid agencies esti- allow the delivery of humanitarian assist- public of the Sudan, including militia forces mate that they have been able to reach only ance to people in the Darfur region; and backed by the Government, and rebel forces 15 percent of people in need and that more ø(4) urges the President to direct the in the impoverished Darfur region of western than 700,000 people have been displaced with- United States Representative to the United Sudan has resulted in attacks by ground and in Sudan in the past year: Now, therefore, be Nations to seek an official investigation by air forces of the Government of Sudan it¿ the United Nations to determine if crimes against innocent civilians and undefended Whereas, since early 2003, a conflict between against humanity have been committed by villages in the region; forces of the Government of the Republic of the the Government of Sudan in the Darfur re- Whereas, the militia forces backed by the Sudan, including militia forces backed by the gion.¿ Government of Sudan have also engaged in Government, and rebel forces in the impover- That Congress— the use of rape as a weapon of war, the ab- ished Darfur region of western Sudan has re- (1) strongly condemns the Government of the duction of children, the destruction of food sulted in attacks by ground and air forces of the Republic of the Sudan and militia groups sup- and water sources, and the deliberate and Government of Sudan against innocent civilians ported by the Government of Sudan for attacks systematic manipulation and denial of hu- and undefended villages in the region; against innocent civilians in the impoverished manitarian assistance for the people of the Whereas the militia forces backed by the Gov- Darfur region of western Sudan, in violation of Darfur region; ernment of Sudan have also engaged in the use Article 3 of the Geneva Conventions, done at Whereas, on December 18, 2003, United Na- of rape as a weapon of war, the abduction of Geneva August 12, 1949, and entered into force tions Undersecretary General for Humani- children, the destruction of food and water October 21, 1950, which specifically prohibit at- tarian Affairs Jan Egeland declared that the sources, and the deliberate and systematic ma- tacks on civilians, and demands that the Gov- Darfur region was probably ‘‘the world’s nipulation and denial of humanitarian assist- ernment of Sudan immediately take actions to worst humanitarian catastrophe’’, and in ance for the people of the Darfur region; cease these attacks; April 2004 reported to the United Nations Se- Whereas, on December 18, 2003, United Na- (2) calls on the Government of Sudan to grant curity Council that in Darfur, ‘‘a sequence of tions Undersecretary General for Humanitarian full, unconditional, and immediate access to deliberate actions has been observed that Affairs Jan Egeland declared that the Darfur Darfur to humanitarian aid organizations, the seem aimed at achieving a specific objective: region was probably ‘‘the world’s worst humani- human rights investigation and humanitarian the forcible and long-term displacement of tarian catastrophe’’, and in April 2004 reported teams of the United Nations, and an inter- the targeted communities which may also be to the United Nations Security Council that in national monitoring team in compliance with termed ‘ethnic cleansing’ ’’; Darfur, ‘‘a sequence of deliberate actions has the temporary cease-fire agreement that is based Whereas, on February 17, 2004, Amnesty been observed that seem aimed at achieving a in Darfur and has the support of the United International reported that it ‘‘continues to specific objective: the forcible and long-term dis- States and the European Union; receive details of horrifying attacks against (3) encourages the Administrator of the placement of the targeted communities which civilians in villages by government war- United States Agency for International Develop- may also be termed ‘ethnic cleansing’ ’’; planes, soldiers, and pro-government mili- ment to work with donors to develop a plan to Whereas, on February 17, 2004, Amnesty tia’’; pre-position and deliver humanitarian assist- International reported that it ‘‘continues to re- Whereas, on February 18, 2004, United Na- ance to Darfur, including a plan for delivery of ceive details of horrifying attacks against civil- tions Special Envoy for Humanitarian Af- food by air if necessary; ians in villages by government warplanes, sol- (4) calls on the Secretary of State to develop fairs in Sudan Tom Eric Vraalsen declared, diers, and pro-government militia’’; a plan for further bilateral and multilateral ac- following a trip to the Darfur region, that Whereas, on February 18, 2004, United Na- tion in the event the Government of Sudan fails ‘‘aid workers are unable to reach the vast tions Special Envoy for Humanitarian Affairs in to immediately undertake the actions called for majority [of the displaced]’’; Sudan Tom Eric Vraalsen declared, following a in paragraph (2), including a plan to seek a Se- Whereas, Doctors Without Borders, the trip to the Darfur region, that ‘‘aid workers are curity Council resolution addressing the Darfur Nobel Peace Prize-winning medical humani- unable to reach the vast majority [of the dis- situation; tarian relief organization and one of the few placed]’’; (5) deplores the inaction of some member aid groups on the ground in the Darfur re- Whereas Doctors Without Borders, the Nobel states of the United Nations and the failure of gion, reported that the region is the scene of Peace Prize-winning medical humanitarian re- the United Nations Human Rights Commission ‘‘catastrophic mortality rates’’; lief organization and one of the few aid groups to take strong action with respect to the crisis in Whereas, on April 20, the United Nations on the ground in the Darfur region, reported Darfur; and Office of the High Commissioner for Human that the region is the scene of ‘‘catastrophic (6) urges the President to direct the United Rights delayed the release of a report citing mortality rates’’; States Representative to the United Nations to— gross human rights abuses, crimes against Whereas, on April 20, the United Nations Of- (A) seek an official investigation by the humanity, and war crimes committed in fice of the High Commissioner for Human Rights United Nations to determine if crimes against Darfur in a bid to gain access to Sudan for delayed the release of a report citing gross humanity have been committed by the Govern- investigators; human rights abuses, crimes against humanity, ment of Sudan in the Darfur region; and Whereas, the Government of Sudan con- and war crimes committed in Darfur in a bid to (B) work with the international community to tinues to deny humanitarian assistance for gain access to Sudan for investigators; ensure that the individuals responsible for the people of the Darfur region by denying

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4933 them unrestricted access to humanitarian throughout for the people of southern Through these travels, I have had the aid organizations; Sudan. opportunity to take care of patients Whereas, attacks on civilians in Darfur I also thank Senator FEINGOLD. He who have come in with war-torn inju- continue despite an April 8, 2004, temporary and I have had the opportunity to work ries, and who are suffering from the cease-fire agreement; and Whereas, nearly 3,000,000 people affected by together for many years on the Africa plight of this civil war, a brutal war— the conflict in the Darfur region have re- Subcommittee and have worked to- the innocent people there who are mained beyond the reach of aid agencies try- gether to draw attention to the terrible being shattered day in, day out, by ing to provide essential humanitarian assist- civil war in Sudan, which has displaced civil war. ance, and United Nations aid agencies esti- millions of people. A million people I wanted to share with my colleagues mate that they have been able to reach only have died over the last 20, 22 years. the suffering of the people of southern 15 percent of people in need and that more I also thank my colleague from Ten- Sudan and thus wholly endorse this than 700,000 people have been displaced with- nessee, Senator ALEXANDER, who now resolution. We have all worked to- in Sudan in the past year: Now, therefore, be chairs the African Subcommittee, as gether—Senators BROWNBACK, FEIN- it GOLD, BIDEN, LUGAR, HELMS, and many Resolved by the Senate (the House of Rep- well as Chairman LUGAR and Senator resentatives concurring), That Congress— BIDEN, and all the colleagues who have others—to enact a Sudan Peace Act in (1) strongly condemns the Government of worked on this issue. the past. That bill, indeed, provided a the Republic of the Sudan and militia groups The international community esti- framework for peace negotiations in supported by the Government of Sudan for mates that 1 million—1 million—Suda- Sudan. attacks against innocent civilians in the im- nese in the Darfur region have been This past September, shortly after poverished Darfur region of western Sudan, displaced by the ongoing attacks by we were in southern Sudan, I was in violation of Article 3 of the Geneva Con- government-backed militias. At least heartened by the cease-fire by the ventions, done at Geneva August 12, 1949, and 110,000 Darfur Sudanese have sought Khartoum government and the Suda- entered into force October 21, 1950, which refuge in Chad. But even there the mi- nese rebels. Peace, it seemed, at that specifically prohibit attacks on civilians, point in time might finally come. But and demands that the Government of Sudan litias have been able to cross the bor- immediately take actions to cease these at- der and attack the refugee camps. It is now my hopes are wearing thin. The tacks; an ongoing tragedy. government of Khartoum absolutely (2) calls on the Government of Sudan to The outgoing United Nations human- must take responsibility for its com- grant full, unconditional, and immediate ac- itarian coordinator in Khartoum says plicity in the systematic murders and cess to Darfur to humanitarian aid organiza- the continuing atrocities are nothing atrocities being committed in Darfur tions, the human rights investigation and short of genocide. by the Janjaweed. humanitarian teams of the United Nations, Since the violence began in February On Tuesday the U.S. Agency for and an international monitoring team in International Development delivered compliance with the temporary cease-fire of last year, up to 30,000 Darfur natives have been killed. The U.N. coordinator the first of four aid airlifts planned for agreement that is based in Darfur and has the week. The Agency is providing the support of the United States and the Eu- warns that the raping, looting, and ropean Union; mass destruction being perpetuated is thousands of blankets and temporary (3) encourages the Administrator of the ‘‘more than just a conflict.’’ He warns shelter and medical supplies and food. United States Agency for International De- that, ‘‘It is an organized attempt to do But even with the best, the most hope- velopment to work with donors to develop a away with a group of people.’’ ful, the most optimistic projections plan to pre-position and deliver humani- On Monday, a U.N. mission returned that the Darfur crisis can be con- tarian assistance to Darfur, including a plan from a 6-day inspection of Darfur. The trolled, the most optimistic say it will for delivery of food by air if necessary; continue for another 18 months, even if (4) calls on the Secretary of State to de- team concludes that many of the viola- tions they investigated may constitute Khartoum right now starts cracking velop a plan for further bilateral and multi- down on the Janjaweed militias. Hence, lateral action in the event the Government war crimes and/or crimes against hu- of Sudan fails to immediately undertake the manity. Their report, due to be com- there is not time to waste. Literally actions called for in paragraph (2), including pleted by the end of this week, is ex- millions of lives are in the balance. We a plan to seek a Security Council resolution pected to confirm many of the ac- must draw the worlds’s attention to addressing the Darfur situation; counts of mass murder, multiple rapes, the crisis in Sudan. (5) deplores the inaction of some member This week’s elections of Sudan to a aerial bombings, and ground attacks. states of the United Nations and the failure third term on the United Nations The crisis only threatens to worsen. of the United Nations Human Rights Com- Human Rights Commission is a trav- Later this month, the rainy season will mission to take strong action with respect to esty. It undermines the credibility of begin. Aid experts tell us the massive the crisis in Darfur; and the Commission but, more impor- (6) urges the President to direct the United yearly flooding may seriously hinder tantly, it signals to the Sudanese peo- States Representative to the United Nations their efforts to distribute desperately ple that the highest human rights body to— needed aid and medical supplies. Am- (A) seek an official investigation by the in the world has abandoned them and nesty International warns that the im- ignored their plight. United Nations to determine if crimes pending rains are a ticking timebomb against humanity have been committed by I stand alongside the administration the Government of Sudan in the Darfur re- in the countdown to disaster. in its unqualified disapproval of Su- gion; and The situation in Darfur is dire. I take dan’s inclusion in the U.N. Human (B) work with the international commu- a special interest in the plight of the Rights Commission. By approving S. nity to ensure that the individuals respon- Darfur people because of my own con- Con. Res. 99, however, this body rightly sible for crimes against humanity in Darfur tact with the Sudanese. I have traveled are accountable for their actions. condemns the actions of Khartoum and extensively throughout southern Darfur. We put Khartoum on notice The PRESIDENT pro tempore. The Sudan. I have had the opportunity to majority leader. that the Senate will continue to scruti- perform medical mission work in that nize and hold accountable acts of com- Mr. FRIST. Mr. President, I do want part of the world in a hospital in a lit- mission or omission by the Khartoum to draw attention to this terrible trag- tle village called Lui. I have visited the government that violate their citizens’ edy unfolding in the Darfur region of Nuba Mountains in central Sudan, the human rights. Sudan. I have had the opportunity to Blue Nile region north of there, as well Mr. President, I yield the floor. travel to the Sudan a number of times, as Pabong, which is one of the oil re- The PRESIDENT pro tempore. Does many times over the last several years, gions in which there has been a lot of the majority leader reserve the re- and care greatly for the people there, displacement. mainder of his time? as do all of our colleagues who are in Recently, in August, I was in south- Mr. FRIST. Mr. President, that com- this Chamber today. ern Sudan, where I had the opportunity pletes leader time. That should not I thank Senator BROWNBACK for his again to operate and perform surgery take away from morning business. tremendous leadership on this issue. He and serve the community there in this The PRESIDENT pro tempore. The will come to the floor later today to hospital in Lui, the only medical facil- Democratic leader. comment on this important resolution. ity in about a 150-mile radius of that Mr. DASCHLE. Mr. President, I, too, He has shown steadfast commitment small village. will use my leader time and reserve the

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4934 CONGRESSIONAL RECORD — SENATE May 6, 2004 remainder of the allocation for our helicopters machine-gun their chil- stricted, despite numerous requests for Democratic colleagues to use the other dren. full access to the region. The inter- time in morning business. Each of us hoped we would leave this national community must continue to I share the sentiment expressed by hatred, violence and ethnic cleansing call on the Government of Sudan to the majority leader with regard to S. behind in the 20th century. At the very grant visas to the humanitarian orga- Con. Res. 99, regarding the Sudan. It is least, we must now ensure we do not nizations who are ready and waiting to past time that we were heard on this repeat the mistakes of the past. I was provide much-needed assistance in troubling situation. I commend Sen- heartened when the United States re- Darfur. ators Feingold and Brownback as well cently voted against a resolution Civil war has left carnage during the for their leadership. backed by the United Nations Human two decades of fighting in Sudan. The Late last year, United Nations Under Rights Commission because it didn’t do largely Arab-Islamic North had been Secretary General for Humanitarian enough to condemn ethnic cleansing in fighting the predominantly African- Affairs Jan Egeland called the devel- Darfur. And I am pleased that the Christian and animist South over oping situation in the Darfur region of President condemned the Sudanese issues of religion and Sharia law. Nego- Sudan, where two rebel groups have Government’s actions there. But that tiations have included tough com- been locked in a battle with Sudanese is just a first step. promises over issues of power- and government forces and government- If the Government of Sudan ever wealth-sharing. I believe that contin- backed militias since February 2003, wants to be welcomed into the commu- ued pressure on Sudan to end the suf- ‘‘the world’s worst humanitarian catas- nity of nations, it must take concrete fering in Darfur can lead to a nego- trophe.’’ steps that befit a member of the United tiated settlement between the North Mr. Egeland has seen a lot of dis- Nations Human Rights Commission. It and the South, which we hope to see in aster, and he does not use terms like must immediately take actions to the coming days. But we cannot wait catastrophe loosely. In a world increas- cease the attacks in Darfur. It must for this agreement to address the cur- ingly torn asunder by ethnic and re- allow the delivery of humanitarian as- rent situation; the humanitarian crisis gional conflicts, calling Darfur the sistance to people in the Darfur region. in Darfur warrants immediate atten- world’s worst catastrophe is saying President Bush must direct the United tion by the international community. Today the Senate passed S. Con. Res. something. Unfortunately, it appears States Representative to the United 99, condemning the Government of that Egeland has chosen the right word Nations to seek an official investiga- Sudan for their complicity in attacks to describe this situation. tion by the United Nations to deter- against innocent civilians and calling Amnesty International has reported mine if crimes against humanity have on them to immediately end such bru- that it ‘‘continues to receive details of been committed by the Government of horrifying attacks against civilians in tality. It calls on Sudan to grant im- Sudan in the Darfur region. mediate and unconditional access to villages by government warplanes, sol- This is the very least the inter- Darfur for humanitarian and human diers, and pro-government militia.’’ national community must do, and we rights organizations and for a cease- Doctors Without Borders reported that must do it now. Any delay will have a fire monitoring team. In addition, it the regions is the scene of ‘‘cata- terrible cost in human lives. calls on the USAID Administrator to strophic mortality rates.’’ Mr. BROWNBACK. Mr. President, I develop a plan for the delivery of hu- And American government and inter- rise with several of my colleagues manitarian assistance, by air if nec- national estimates suggest that nearly today to bring to the attention of this essary. Furthermore, the resolution 3 million people have been affected by body a severe situation in the western urges the Secretary of State to develop the terrible fighting in Darfur; 700,000 part of Sudan. The Darfur region is fac- a plan for further bilateral and multi- have been displaced; 100,000 have fled to ing an acute humanitarian catas- lateral action in the event that the neighboring Chad, and 30,000 have been trophe, which has been cited by some Government of Sudan fails to imme- killed. individuals as the worst humanitarian diately allow access, including a plan Meanwhile, international aid agen- crisis in the world today. to seek a Security Council resolution cies estimate that, as a result of this For over a year now, government- addressing the Darfur situation. Fi- fighting, they have been able to help backed militias have been carrying out nally, S. Con. Res. 99 urges the Presi- only 15 percent of the people who need savage attacks on innocent civilians dent to direct the U.S. Representative it. The Sudanese Government has sys- and have engaged in the use of rape as to the United Nations to seek an offi- tematically and deliberately denied hu- a weapon, abducted children, destroyed cial investigation to determine if manitarian assistance for, and inter- food and irrigation systems and burned crimes against humanity have been national access to, this region. villages. We are gravely concerned committed by the Government of At the same time, credible reports about the violence that persists, de- Sudan in Darfur and work with the suggest the militia forces backed by spite the April 8 cease-fire agreement. international community to ensure the Government of Sudan are engaged Recent estimates report that 3 million that the individuals responsible for in the use of rape as a weapon of war, people are beyond the reach of aid such crimes are accountable for their are abducting children, and are de- agencies trying to provide assistance in actions. stroying food and water sources. If all Sudan, and mortality rates in the I thank my colleagues for their sup- this were not sad and outrageous Darfur region are catastrophic. port of this important resolution. The enough, the Sudanese Government— The Darfur disaster has forced stag- 10th anniversary of the Rwandan geno- the same one that is complicit in these gering numbers of people to flee their cide was an important reminder of the atrocities—just Tuesday was chosen to homes. More than 800,000 people have devastating effects that international serve on the United Nations Human been displaced, with more than 100,000 blindness can have on a population. Rights Commission. Nicholas Kristof of of them crossing the border into neigh- Just this week, Sudan was voted back the New York Times recently described boring Chad. Less than half of these onto the U.N. Human Rights Commis- the situation in the Darfur region this refugees are living in UNHCR camps. sion, despite protests by the United way: I can’t get the kaleidoscope of Refugees International reported yester- States. How can a nation who allows genocide out of my head since my trip day that 540 refugees in Chad are near for nearly 1 million displaced persons, last month to the Sudan-Chad border: death due to lack of food. To make catastrophic deaths, and the threat of the fresh graves, especially the extra- matters worse, the rainy season is ex- continuing death and disease, remain small mounds for children; the piles of pected soon, at which time roads will on the very body of the United Nations branches on graves to keep wild ani- be impassable and the delivery of aid which is responsible for preventing mals from digging up corpses; the tales extremely difficult. such atrocities? of women being first raped and then Human Rights investigators have fi- We have a moral responsibility to the branded on the hand to stigmatize nally been allowed into the region and people of Darfur, let us not wait until them forever; the isolated peasants, we anticipate their findings later this another life is lost. unfamiliar with electricity, who sud- week. However, initial reports indicate Mr. BIDEN. Mr. President, on Tues- denly encounter the 21st century as that their movements were severely re- day, the Foreign Relations Committee

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4935 discharged a resolution which speaks villages inhabited by black Africans. subject to attack from the janjaweed. to the situation in Darfur, Sudan. I am We are receiving reports of a variety of UNHCR is in the midst of attempting alarmed by reports of atrocities there. abuses perpetrated by the janjaweed— to relocate refugees farther from the I am worried that genocide may be un- routine rape of women, murder of men, border to enhance their safety. Only folding. the wanton burning of children—from half of refugees are living in camps in We need to make a determination credible sources working in Darfur. In more secure locations. The other half about what is going on in Darfur and my view, these deliberate attacks and are making do the best they can. A re- respond accordingly. Administration atrocities against civilians constitute port issued by Refugees International officials have termed it ethnic cleans- crimes against humanity. indicates that many refugees are living ing. This would be horrific in and of President Bush’s statement on Sudan in the open with no food, water or shel- itself. But we also have to ask whether issued on April 7, while helpful, was in- ter. or not Khartoum’s actions are an in- adequate. He condemned the atrocities According to UNHCR’s public docu- tent to destroy in whole or in part a in Darfur, but the statement does not ments, it needs $27 million to address particular ethnic or racial group or speak to the ethnic nature of the at- the needs of refugees in Chad. It has groups. If so, what should we do about tacks. We all know that ethnic cleans- less than half of that on hand. Soon the it? These are questions we must answer ing has the potential to turn into geno- rainy season will make roads impas- right away. cide. By failing to highlight this very sible, preventing the delivery of food As you know, the administration has dangerous dimension of Khartoum’s and shelter materials. The World Food been heavily involved in negotiations campaign, the president failed to speak Program is attempting to stockpile between the government in Khartoum to the most alarming aspects of the food in advance of the rains, but they and southern Sudanese rebels. If an crisis. have a 35 percent funding shortfall as agreement is reached, it will bring an The statement says that President well. We have contributed significant end to twenty years of civil war be- Bush expressed his views condemning funds, but we and the rest of the inter- tween the Muslim north, and non-Mus- the atrocities directly to Sudanese national community need to do even lim south. President Omar al-Bashir. Since U.S. more. It will end 20 years of attacks against officials have acknowledged that the Congress needs to do more as well. S. Muslims in the Nuba mountains and actions constitute ethnic cleansing, de- Con. Res. 99 speaks to the nature of the southern Sudanese; 20 years during scribing them as well ‘‘organized,’’ and violence and urges the President to do which the government of Sudan tar- ‘‘comprehensive,’’ I sincerely hope the two main things: geted civilians either with its military President took Bashir to task about First, develop a plan to deliver hu- forces, or through government allied the particular evil of such actions. manitarian aid to the nearly 1 million militias; 20 years during which 2 mil- Given the vagueness President Bush’s people who have been driven from their lion people have died; 20 years during statement, however, one is left to won- homes that does not necessitate per- which millions were displaced both der. mission from the government of Sudan. within Sudan and beyond its borders. Our Ambassador to the U.N. Human I hope that this plan includes imme- The war sparked outrage among Rights Commission, Rich Williamson, diate use of the commodities we are members of the international commu- has said that 30,000 people are dead as holding in the Emerson Trust stock- nity because of the brutality of attacks a result of the conflict. One million piles. I would also encourage the ad- against men, women and children. people—25 percent of the population— ministration to come up with a way to Some cast the war as Muslim versus are displaced, according to the U.N. deliver food through neighboring coun- Christian. I think this captures only a High Commissioner for Refugees, tries, including Chad. Let me also say that I expect and fraction of the story. Arab militias UNHCR. welcome a request in the forthcoming took southern, non-Muslims, black Af- All of them are in dire need of assist- supplemental for money to meet the ricans captive as slaves. They pursued ance because on top of razing entire humanitarian needs engendered by the a scorched earth policy in southern vil- villages and firebombing civilians, in crisis in Darfur. lages. Muslims living in the Nuba addition to burning crops, raping Second, it urges the Secretary of Mountains, who happen to be black, women, torturing men and throwing State to develop options to increase were victims of attacks as well. One is children into burning huts, on top of sanctions on Sudan if the attacks in left to wonder if the real cause of the all the misery the government has Darfur do not stop immediately. attacks wasn’t good old fashioned rac- heaped on the people of Darfur for I co-sponsored this resolution be- ism. And while the United States con- months, Khartoum has refused to allow cause I think that these are important tinues to spend valuable diplomatic humanitarian relief organizations free, steps. They are only steps however. If time and political capitol to bring an unfettered, regular access to the re- we do not see any change on the ground end to the north-south conflict, history gion. According to the State Depart- by the end of May, we should go even is repeating itself in western Sudan. ment, it takes aid workers 2 months to further than this resolution suggests. Early last year, ethnic minorities liv- get visas. And this is an improve- We should amend the Sudan Peace ing in western Sudan took up arms to ment—it used to take 3 to 4 months. Act, which was aimed at jump-starting protest Khartoum’s arming of Arab mi- After pursuing a scorched earth pol- the north-south peace process, so that litias in the region, and what they be- icy in Darfur for months—burned it is relevant to the situation in lieved was economic marginalization crops, stolen cattle and poisoned Darfur. Three changes are essential. by the government in Khartoum. The wells—the government’s latest outrage First, the act, Public Law 107–245, im- wisdom of this course of action on the is cynically ordering people to return poses sanctions on the government of part of the rebels may be debatable. to their homes. The few agencies on Sudan if the President determines that What is not debatable is the dispropor- the ground in the area indicate that it is not making a good faith effort to tionate response of the government— people cannot venture even 100 yards negotiate a peace agreement. The act ethnic cleansing in Darfur by means of outside the displaced persons camps should be amended to require that the a well orchestrated campaign of at- without being attacked. Even if they President certify that neither the gov- tacks aimed specifically at non-mili- are able to make it home safely, there ernment nor government allied mili- tary persons who belong to the same is absolutely no likelihood of people tias have attacked civilians in Sudan ethnic groups as the rebels. surviving in communities that literally 30 days from the enactment of the act Khartoum is employing the same tac- no longer exist. At this point, return is and every 90 days thereafter. If the tics in Darfur that they used against not an option and Khartoum is well President cannot certify such, then the those living in southern Sudan: Aerial aware of this. sanctions in section 6, paragraph 2 bombardment of civilians with heli- And the attacks by the janjaweed should be triggered. copter gun ships and planes, and at- continue despite the April 8 cease-fire The same certification should apply tacks by government supported Arab agreement. to humanitarian access. This is already militias known as janjaweed, which Over 100,000 people have fled across in the legislation, however the require- employ scorched earth tactics against the border into Chad. They too are still ment is obviously not explicit enough

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4936 CONGRESSIONAL RECORD — SENATE May 6, 2004 for the White House. Despite the re- me. It is partly because of my own At 4-year private colleges, tuition strictions placed on the non-govern- background that I am troubled today costs for low-wage earners rose from 58 mental organizations attempting to go to see many families in America priced percent of family income in 1980 to 117 into Darfur, on April 21, the President out—or on the verge of being priced percent of family income in 2002. certified the government of Sudan had out—of the college market. And according to the National Center not unreasonably interfered with hu- Since President Bush took office, the for Public Policy and Higher Edu- manitarian efforts. Making the law average tuition at a 4-year public col- cation, in the fall of 2003, at least more explicit may prevent another lege has increased 28 percent. 250,000 prospective college students such mistake. This year, tuition increased at State were priced out of the college market. Finally, we should add a requirement universities in all 50 States. In some They had the grades to go to college; that our permanent representative to States, tuition shot up as much as 40 they just couldn’t afford the tuition. the U.N. Security Council pursue a Se- percent. And more increases are slated When I graduated from high school, a curity Council Resolution condemning for next year. college education was a big advantage. the government of Sudan for its ac- The University of Kentucky is rais- Today, it is rapidly becoming a neces- tions in Darfur, and calling for ac- ing tuition for freshmen and sopho- sity. The fastest-growing and best-pay- countability for those who are found mores by $618 next year. That is a 14- ing jobs today require at least some responsible for orchestrating and car- percent increase—on top of this year’s college. rying out the atrocities. 14-percent increase. Over the course of his or her career, The University of Missouri will see a Mr. President, the administration a person with a 2-year college degree 7.5-percent tuition increase next year— has said that it will not attempt to se- will earn an average of $400,000 more on top of this year’s increase of 20 per- cure the north-south peace agreement than a high school graduate. Someone cent. with a 4-year degree will earn nearly $1 at the expense of the people in Darfur. In Texas, the University of Houston I agree. In fact, a north-south agree- million more. recently raised tuition by 25 percent. But it is not just individuals who suf- ment will be meaningless in the face of The University of Texas at Austin ethnic cleansing in western Sudan. I fer when middle- and lower-income plans a 26-percent increase. And Texas Americans are priced out of college. believe that we must ratchet up the A&M University will charge students pressure on the Government of Sudan, Our entire Nation suffers. Broad access 21 percent more. to higher education is critical to Amer- and our partners in the international In Washington State, community col- ica’s economic future, our national se- community to bring an end to the lege tuition is going up 7 percent, curity, our intellectual and cultural criminal acts of the government in bringing the total increase over the Khartoum. life, and our democracy. past 5 years to more than 35 percent. There was a story on the front page f In California, where budget cuts and of the New York Times on Monday that tuition increases this year shut an esti- RISING COST OF HIGHER ought to alarm us all. The headline mated 175,000 students out of commu- EDUCATION read: ‘‘U.S. is Losing Its Dominance in nity colleges, State lawmakers are now Mr. DASCHLE. Mr. President, I rise the Sciences.’’ considering a 44-percent increase in It said: to comment as well on another matter community college fees; that would be The United States has started to lose its closer to home. on top of last year’s 64-percent in- It is graduation season. Over the next worldwide dominance in critical areas of crease. science and innovation, according to federal several weeks, in cities and towns in They are also looking at a 10-percent South Dakota and across America, and private experts who point to strong evi- tuition increase for University of Cali- dence like prizes awarded to Americans and hundreds of thousands of young people fornia students and a 9-percent budget the number of papers in major professional will graduate from high school. cut for the Cal State system. journals. . . . Parents will tell their graduating At the same time tuition is increas- Foreign advances in basic science now sons and daughters, ‘‘I’m proud of ing dramatically, the value of the Pell often rival or even exceed America’s. . . . you.’’ Grant, America’s main college tuition It quoted John Jankowski, a senior Unfortunately, many parents will assistance program, is declining. analyst at the National Science Foun- also have to tell their children, ‘‘I’m In 1979, the maximum Pell Grant cov- dation, saying: sorry.’’ ered 77 percent of the tuition at a 4- The rest of the world is catching up. ‘‘I’m sorry that we can’t afford to year public college or university. By Science excellence is no longer the domain of send you to college.’’ 2001, that percentage had dropped to just the U.S. The novelist James Michener grew up just 42 percent. The article cited three statistics to dirt poor in Pennsylvania, but he got a Today, the average college student support that claim: good education. needs to come up with $3,800 per year First, in international competition He once told an interviewer, ‘‘I went out-of-pocket—that’s after grants and involving industrial patents, the per- to nine different universities and never loans. centage won by Americans ‘‘has fallen paid a nickel of my own money. My Most college students today work. In steadily over the decades and now wife got many scholarships. We are fact, more than three-quarters of all stands at 52 percent.’’ children of the United States.’’ full-time students at public colleges Second, the percentage of research James Michener was able to graduate and universities work, and they work papers by Americans published in top from college because America invested an average of 22 hours per week. Yet physics journals has declined from 61 in him. In his case, it was the GI bill student debt has doubled over the last percent in 1983 to just 29 percent this that opened the doors of higher edu- decade. year. cation. Students graduating from college Finally, the share of Nobel Prizes for In my own case, it was the Air Force this month will leave school with science won by Americans has fallen to ROTC that opened those doors. $17,000-worth of student loan debt; 51 percent. These are prizes America I was the first person in my family that’s for undergraduate students. Pro- dominated heavily from the 1960s well ever to go to college. I worked to pay fessional and graduate students often into the 1990s. part of my tuition, and my parents graduate with $100,000—or more—in Unless we reverse this decline and re- helped; my mother went back to work student loan debt. And they are luckier gain America’s scientific and techno- when I was in high school just to help than some. logical edge, our children will grow up pay for my college education. The rise in college costs is outpacing in a less productive, less prosperous Even with all of us pitching in, I still the ability of many low-income fami- America. could not have paid for college without lies to pay for college. At 4-year public If we are going to meet the chal- help from the United States Govern- colleges, tuition costs for the lowest 20 lenges of the future, we need the best ment. percent of wage earners rose from 12 thinking and best efforts of every I am deeply mindful of, and grateful percent of family income in 1980 to 25 American. Yet the doors to college are for, the investment America made in percent of family income in 2002. narrowing.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4937 What has the administration’s re- The PRESIDENT pro tempore. The Negroponte to be considered by the sponse to this problem been? Senator is recognized for 8 minutes. Senate very soon. I very much appre- Deafening silence. f ciate that effort. The Higher Education Act is up for The pending nominees also include reauthorization. Yet this administra- DIPLOMATIC NOMINEES individuals to be ambassadors to the tion has put forward no real plan to Mr. LUGAR. Mr. President, I rise to Democratic Republic of the Congo, make college more affordable. address the body this morning on the Cote d’Ivoire, and Sierra Leone, each of The Bush administration has stood importance of Senate action to confirm which is struggling in the aftermath of by while States have slashed their edu- pending nominations for ambassadorial ethnic conflict. They include nominees cation budgets and raised college tui- and other foreign affairs posts. to be ambassadors to Poland, Romania, tion to close State budget shortfalls. Together, Republicans and Demo- and Slovenia, at a time when these The President’s oversized tax cuts crats on the Foreign Relations Com- countries are joining the European have eaten up Federal resources that mittee have worked to move nomina- Union and looking to deepen their ties we could otherwise invest in higher tions as expeditiously as possible. Dur- to the United States. They include education, and in basic research and in- ing the past few weeks, the committee nominees to be ambassadors to Jordan, vestment. has held hearings and considered nomi- Kuwait, Lebanon, the United Arab Despite his repeated promises to in- nations for more than 30 such posts. As Emirates, and Yemen at a time when crease the value of the average Pell a group, these nominees received bipar- the United States must improve its re- Grant, the President’s proposed budget tisan support. Our members voted lations and encourage democracy and for next year freezes the Pell Grant for unanimously in favor of confirmation reform in the greater Middle East. the third year in a row. of each one at a business meeting last They include also nominees to be am- The President’s budget also cuts the Thursday. bassadors to important regional an- Perkins Loan program—the Federal I was pleased last night when the chors, such as Brazil, Nigeria, South work-study program that has helped Senate confirmed Paul Applegarth to Africa, and South Korea. tens of millions of middle- and lower- be chief executive officer of the Millen- The ambassadorial nominees cur- income students work their way nium Challenge Corporation. I appre- rently awaiting Senate confirmation through college. ciate the work of Senator FRIST and would represent the United States in I hope we can come up with a better Senator DASCHLE to move this impor- countries with a collective population answer, and many of us have proposed tant nomination. The launch of the of more than 700 million people. one. Millennium Challenge Corporation pre- Foreign governments notice when We believe the Government can, and sents an important opportunity for the U.S. ambassadorships to their coun- must, create an opportunity society, United States to enhance the effective- tries go unfilled for lengthy periods of where every college-ready student or ness of its development assistance. time. An ambassadorial absence can be worker who needs to update his or her Last year, Congress appropriated $1 bil- read by some nations as a sign of de- skills has the chance to go to college, lion for the MCC, and having a chief ex- clining American interest. The United or get additional training, without ecutive officer in place and ready to States needs strong and effective diplo- having to take on back-breaking debt provide leadership in this new enter- matic representation abroad to ensure to do it. prise is a vital first step to ensuring its cooperation in the fight against ter- We want to increase the maximum success. rorism, to prevent proliferation of Pell Grant from $4,050 to $5,100, to dou- I hope the Senate will now move with weapons of mass destruction, to build ble the HOPE Scholarship tax credit some dispatch on the rest of the pend- trade and investment relationships from $1,500 per student to $3,000 per ing diplomatic nominees. The posts for that will strengthen our economy and student, and to make the education tax which these individuals have been nom- advance freedom and democracy world- credits refundable. inated hold great importance for our wide. We also support efforts to help more country. A few examples will illustrate We also must remember that ambas- African American, Hispanic, Native that point. sadorships function not only as rep- American, and other minority students Among the nominees pending before resentation of the United States, but attend college, because diversity the Senate is that of John Negroponte as managers of their embassies. Given strengthens our democracy and our to be U.S. Ambassador to Iraq. As I that U.S. diplomatic missions have economy. said at Ambassador Negroponte’s nomi- been terrorist targets and remain the James Michener fought in World War nation hearing, the post will be one of most visible American symbol in many II. He helped win perhaps the greatest the most consequential ambassador- countries with a terrorist presence, we battle of the last century. ships in American history. The Ambas- need leadership at these embassies. Americans in the 21st century will sador to Iraq not only will be called Needlessly depriving an embassy of its fight different battles. But the stakes upon to lead an estimated 1,700 em- ambassador in a time of terrorist are just as high. bassy personnel—that is 1,000 Ameri- threat may have consequences as grave We need to make sure that every son cans and 700 Iraqis—he will be the epi- as depriving a military unit of its com- and daughter of America has the center of international efforts to se- mander in time of conflict. chance to go to college if he or she can cure and reconstruct Iraq and provide Over the years, the Senate generally do the work. It is not just a matter of the developing Iraqi government with has done its duty to efficiently move individual self-interest. In a real sense, the opportunity to achieve responsible ambassadorial nominees. We should it is a matter of our national survival. nationhood. proceed carefully and thoughtfully f American credibility in the world, when we evaluate diplomatic nomina- progress in the war on terrorism, rela- tions. But we should proceed with dis- MORNING BUSINESS tionships with our allies, and the fu- patch. Nominations must not be de- The PRESIDENT pro tempore. Under ture of the Middle East depend on a layed by inattention, bureaucratic ar- the previous order, there will now be a positive outcome in Iraq. What happens guments, or political motivations, and period for the transaction of morning there during the next 18 months almost when our examinations are complete, business for up to 90 minutes, with the certainly will determine whether we we should send the nominees to their first half of the time under the control can begin to redirect the Middle East post as quickly as possible. of the majority leader or his designee, toward a more productive and peaceful I am confident the Senate under- and the second half of the time under future. stands the importance of confirming the control of the Democratic leader or The stakes for the United States in nominees who will be on the front lines his designee. achieving success in Iraq could not be of efforts to advance U.S. interests The Senator from Indiana is recog- higher. around the world, and I ask all Mem- nized. I understand there is leadership ac- bers to join the Foreign Relations Mr. LUGAR. Mr. President, I will use tivity that may make it possible for Committee in moving these nominees. 8 minutes. the ambassadorship of John I thank the Chair.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4938 CONGRESSIONAL RECORD — SENATE May 6, 2004 The PRESIDING OFFICER (Ms. MUR- States, our communities, and our Na- majority leader and I have gone to the KOWSKI). The Senator from Missouri. tion. Senate floor and asked unanimous con- How much time does the Senator yield When I was Governor, I spent a lot of sent three times to take the necessary to himself? time working on economic develop- steps to move the bill to the House. Mr. BOND. Ten minutes. ment issues, and there is one thing I All three requests have been objected The PRESIDING OFFICER. The Sen- can tell you: if you are trying to get to by my colleagues on the other side. ator is recognized for 10 minutes. jobs into a particular community, they Yesterday, a great group of citizens f have to have transportation, particu- from the community of Saint Joseph, larly if they are dealing with goods or MO, was in my office. They traveled a HIGHWAY BILL FILIBUSTER with people who are coming into that long way to ask me: Why do we not Mr. BOND. Madam President, I am community. Good roads mean good have a highway bill? I told them I wish on the Senate floor to explain why I jobs. Our highways, our roads, our I had a reasonable answer, but I do not. am on the floor today. A week ago, I bridges, even our waterways are the Last Friday, I went to Kansas City, came to the Senate floor to raise what sinews of economic commerce. Without MO, where we had the road-building I think is a very serious point, and that good transportation, we do not have group together and that was the union is, we are being filibustered on the pro- growth and we don’t have jobs. leaders, the contractors, the commu- cedural motions to take the highway Finally, good highways mean safety. nity development people, the local bill to a conference with the House. We kill about 43,000 people on the high- elected officials, and they gave me a I had the great privilege and pleasure ways in the United States every year. stack of 43,000 signatures on petitions back in January of 2003 to assume the The Department of Transportation saying pass this bill. Unfortunately, chairmanship of the Subcommittee on says about a third of those killed are my suitcase was not big enough and Transportation and Infrastructure of killed because of insufficient highway the restrictions made it difficult for the Environment and Public Works infrastructure. In other words, we have me to bring it here with me, but if my Committee, and I did so knowing full in Missouri many crowded two-way colleagues want to see them we will well that committee, along with the highways which have traffic that really bring 43,000 signatures to the floor to full committee, had the responsibility demands a divided highway. When you show how many Missourians want a for drafting what I consider to be one have that, you have frustration, and highway bill. of the most important infrastructure very often people from out of State are They asked me why we have not even bills this Congress ever deals with, and not familiar with the curves and the begun the process of meeting with the that is the transportation bill or, as it hills and pass in areas where you can- House. There is no good reason, except is known by some, the highway bill. not pass, and they have tragic head-on politics, and that is not a good reason. This year we are calling it SAFETEA. collisions. I say we kill roughly three Every single day someone asks me This is the acronym adopted by the ad- people a day on Missouri’s highways, these questions, and now I ask my col- ministration to emphasize the fact and I think one out of three is killed leagues once again why can we not that it is a safety-related measure. because of inadequate highways. All start a highway bill conference? Some Good highways, roads, and bridges, you have to do is travel the highways on the other side say they demand to along with mass transit and other ele- and see the white crosses where people know what is going to come out of the ments, are vitally important to our have died. conference. I would love to know what country in a number of ways. For those To deal with that situation, I set out is going to happen tomorrow. I would of us who are stuck in traffic around to work on a bipartisan basis. We have love to know what is going to happen Washington, DC, being stuck in traffic worked since a year ago January very the day after tomorrow. No one can say is like having breakfast in the morn- closely with all the interested parties— with certainty what is going to come ing, and it is as reliable as flowers in the people interested in road building, out of any conference. the springtime. Better roads mean less community development workers, This is too important a bill to be a congestion, less hassle. But there are union members, environmental groups political football. We passed a total bill many other items that are very impor- who wanted to have improved environ- of $318 billion. The House passed one tant as well, because good roads and mental processes. We brought all of for a total of $275 billion. We passed a the lack of congestion mean less pollu- them together in a bipartisan—let me much better bill. I want to see our bill tion. Cars sitting idling pollute the at- emphasize bipartisan—bill for which I passed. I want to see $318 billion. I mosphere, so the atmosphere is worse, have thanked my colleagues on the want to see the environmental stream- the air quality is worse if you have other side many times for their great lining in the bill that allows the envi- congestion. cooperation. We brought a good bill to ronmental concerns to be raised early Highways are also important in an- the floor: $255 billion for highways and on in the process and dealt with, that other way. If we had passed the high- bridges over the next 6 years. Boy, we makes it easier to do the planning. way bill last winter or even when we passed it with a whopping 76-vote ma- The House bill had $11 billion worth passed it in February, we would have jority in the Senate. of specific earmarks. My colleagues put people to work because every bil- I go home and people say: What is probably read about it in the editorial lion dollars of highway investment cre- happening to the highway bill? pages. Now, the occupant of the chair ates 47,000 jobs, and there is no ques- I say: It is being filibustered. may take great pride in the fact that tion that we were waiting to see the They say: What? It passed by 76 some of those were in a far northwest jobs come back. We needed these high- votes. State, but I say to my colleagues we way jobs this year. We have missed this I say: No, the simple procedural steps are not going to be able to take a bill year’s construction season. to move the bill to conference with the that has $11 billion of earmarks that Fortunately, the tax cuts passed by House are being filibustered. take away from the general allocation this body are working, and we are see- They say: What? of funds among the States. So that is ing an upturn in the economy, particu- I say: Yes, there are about six steps something we have to negotiate, but larly in small business. That is another that have to be taken to send a bill to we need to do that to get a good bill. speech I will make on the Senate floor. the House of Representatives so we can I cannot speak for the folks on the Tremendous numbers of people are sit down in a conference and get a final other side as to why they are willing to going to work, as small business mem- bill that has to then pass both Houses kill the bill. They will not even let us bers, as proprietors starting their own and go to the President. go to conference to try to get the bill businesses, 410,000 working selling their We have been working for more than that we passed. They have to be bank- own products on e-Bay. They are cre- a year and a half. It has been more ing, I guess, on perhaps a cynical no- ating good jobs. But we still need the than 7 months since the existing bill, tion that the American people will un- jobs. TEA–21, expired. It has now been 7 derstand or they will just blame Re- Beyond that, good highways and good weeks since the Senate passed a high- publicans, even though it is their side transportation are essential for the way bill. It has now been 5 weeks since currently undertaking to kill the legis- long-term stability and growth of our the House passed a highway bill. The lation.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4939 Are they killing it in hopes they can helped draft the bill. Yes, my col- experiencing record temperatures in blame us? Is politics that cynical? I leagues voted in favor of the bill. Yes, southern California where already hope not. I thought we had to fight my colleagues make cries for a strong there is a strain on the region’s elec- OMB to get the bill done, and I am bill now. And, yes, unless the politics tricity system. willing to make that fight. stop, they will also have killed this I do not know what sort of psycho- As a matter of fact, people who have bill. To steal a line from some great logical barriers need to be broken in been around a long time know I took philosopher, they are all bark, no bite. the Senate to finally pass comprehen- on that fight against a President of my One week ago today I was on the Sen- sive energy legislation. We are very own party. The year I campaigned, he ate floor attempting to move this proc- close to breaking through every psy- made three wonderful appearances for ess forward. Now Republicans in both chological barrier related to energy me. I have great respect for him, but he Chambers of the Capitol are prepared policy. Oil will soon cost $40 a barrel. vetoed a highway bill, and I was the de- to work in conference to resolve our Gasoline will be over $2 a gallon. Nat- ciding vote that overrode that veto, differences. In the near future, we will ural gas will be permanently over $5 much as I respected him, because I vote in the Senate to determine who per MCF and the adequacy of our elec- know how important highways are to really wants to back up their bark with tricity generating grid this summer is my State and to the country. a bite. now a simple calculus. Will it be hotter Several months ago we started the Right now safety and quality of life than usual? Because if so, we will have normal bipartisan process of writing a on our roads are taking a back seat to blackouts again. highway bill. The bipartisanship car- political warfare that has nothing to My colleagues will notice that I no ried through to a floor vote on the final do with transportation. It is time to longer believe that our growing de- bill. The Finance Committee provided end the filibuster on the highway bill. pendence on imported oil will have the the funds we needed. It was paid for, That said, I renew my unanimous psychological impact necessary to mo- without a tax increase and without consent request from last week. tivate my colleagues into action on the bonding. I ask unanimous consent that the Energy bill. For my part, I am After we passed the bill, my col- Senate proceed to the consideration of alarmed. I see us becoming 70-percent leagues and I cheered our success and the House-passed highway bill, H.R. dependent on imported oil. I read of praised the cooperative efforts across 3550; provided further, that all after the terrorist threats against overseas oil the aisle; yet somehow, now my col- enacting clause, be stricken, the text infrastructure and refining capacity, leagues across the aisle tell me they do of S. 1072, as passed, be inserted in lieu and I am amazed that I have colleagues not trust me? Is this how good faith bi- thereof; the bill be read a third time who want to stop building our emer- partisanship is honored? and passed; further, the Senate then in- gency supplies in the Strategic Petro- Will someone come to the floor and sist on its amendment, request a con- leum Reserve or, even worse, call on us tell me that I have not acted in good ference with the House, and the Chair to use up those reserves now. In the faith for days, weeks, and months then be authorized to appoint conferees past, the result of such activity was through this process? on the part of the Senate with a ratio miniscule in terms of its impact on I have every intention to get a strong of 11 to 10. gasoline prices. It is just something to bipartisan conference report to the Mr. REID. Reserving the right to ob- talk about. It is not something that Senate floor and to the desk of the ject, at this time I am not able to will do anything. President but we cannot do that if the make a statement; so, I will make a Instead, yesterday a number of Sen- Democrats prevent us from negotiating statement when our time comes. I ob- ators came to the floor and called on the final bipartisan bill. Unless they ject. the President to pressure OPEC to in- let the process go, this bill is dead and The PRESIDING OFFICER. The ob- crease production and reduce prices. they will have killed it; and for what? jection is heard. Does anybody assume he has not al- My House counterpart Congressman The Senator from New Mexico. ready done that? Does anybody assume PETRI may have said it best as quoted Mr. DOMENICI. How much time do they are interested in what we say in yesterday’s edition of BNA: we have remaining? today? It would be terrific if OPEC House Highways, Transit and Pipelines The PRESIDING OFFICER. Twenty- would do that, but I have to ask my Subcommittee Chairman Tom Petri, R–Wis., seven minutes remaining. colleagues, why would OPEC take us hailed the move to ‘‘normal order,’’ Petri said; people analyzing the situation said in Mr. DOMENICI. I will do my best to seriously? OPEC sees us for what we the absence of an agreement—on a number— be finished in 10 minutes. are. We are hooked and we cannot even it was better to go back to conference be- f do the most incremental steps to begin cause ‘‘there might have been wisdom in the to address this plight. AMERICA NEEDS AN ENERGY ideas of the founding fathers. OPEC sees a Congress that has talked POLICY NOW The whole point of a conference with about passing an energy bill for 10 the House is to work out our dif- Mr. DOMENICI. Madam President, I years. They see a Congress that has ferences and produce a final bill. It is rise today to speak about a subject failed every year for the last 3 years to past time to get to work on those dif- that is dear to the heart of the Chair pass an energy bill. OPEC sees an ferences. I also read a quote in the because Alaska contains much of the America that lacks the political will to paper yesterday where the distin- energy that the United States needs. address its own crisis. Instead, we guished minority leader said his party Yesterday, crude oil closed at $39.57 on blame and complain. If you were OPEC, did not want to ‘‘roll the dice’’ and the New York Exchange. Nationwide, would you take us seriously? hope they get adequate representation the average price of gasoline is $1.84, Some say passing an energy bill will in conference. expected to rise 5 to 10 cents over the not do a lot for foreign crude oil prices. Instead, I submit that my colleagues next several days, and even more as we I disagree. I think passing the first are ‘‘rolling the dice’’ with an even big- enter the summer driving season which comprehensive energy bill to come out ger gamble. Rather than even giving begins on Memorial Day. of this Congress in 12 years sends a conference a chance, they are betting Natural gas prices are also at a strong signal to oil-producing nations. that voters will prefer procrastination record high for this year, 70 percent I think if we do more to conserve en- over progress. higher than they were a year ago. We ergy, increase production, diversify our My constituents say, ‘‘Senator, are increasingly dependent on im- energy supply, we will tell OPEC Amer- didn’t the same people raising objec- ported supplies to set prices. In the Pa- ica is a country with unity, commit- tions vote for the bill?’’ They also ask, cific Northwest, the snowpack is at 50 ment, and the political will to address ‘‘Senator, didn’t many Democrats help percent of average, and so hydro- our most serious domestic problem, draft the bill?’’ Some even wonder electric generation will be at a record and that is our energy challenges. ‘‘Didn’t I hear Senator so and so say low this summer. If Senate Democrats mean what they the Nation needs a highway bill now?’’ We currently import 55 percent of our say when they wring their hands and The resounding answer to all of their oil. We will depend upon 70 percent for lament the rising oil prices, pass this questions is yes. Yes, my colleagues our demand by 2025. Meanwhile, we are bill. When we voted last week on the

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4940 CONGRESSIONAL RECORD — SENATE May 6, 2004 authorizing portion of the bill, we got The PRESIDING OFFICER. There the Sudanese Government found to be only 14 Democrats to join us, and then are 18 minutes remaining on Repub- involved in these atrocities. We have someone on that side had the audacity lican side. done it in regard to other individuals to say it was the Republicans’ fault we f in other governments in other coun- didn’t pass it. That is less than one- tries. We should do it in regard to these HUMANITARIAN CRISIS IN SUDAN third of the Democrats who voted in individuals. We should make it very favor of it. Yet the steady stream of Mr. DEWINE. Madam President, I clear to them they will be held ac- Senators who come down here to rise in support of S. Con. Res. 99, con- countable. speechify on energy is from the other demning the Government of the Repub- Finally, the international commu- side. They are Democrats. Some of the lic of the Sudan for its participation nity must act now. We need a special Democrats down here on the Senate and complicity in the attacks against session of the U.N. Human Rights Com- floor yesterday wringing their hands innocent civilians in the impoverished mission to appoint a special rapporteur about gasoline prices, blaming the ad- Darfur region of western Sudan. for Sudan. The international commu- ministration yesterday, are the same I commend my fellow cosponsors of nity should also consider a special tri- Senators who voted against the Energy this resolution for taking this essential bunal to investigate the atrocities. bill last week. first step in addressing the dual crises These steps form a broad outline of Last summer we had the biggest in Sudan. We must condemn the Gov- what must be done. We must work to- blackout in the Nation’s history during ernment of Sudan for its complicity in gether with the administration in the the August recess. You all remember the human rights abuses and their coming days to iron out the details so that. When Congress returned, Sen- gross failure to put an end to the cur- we can move forward. The crisis is ators went to the Senate floor to make rent genocide. here, it is now, and this is what we In addition to the gross human rights speeches, to wring their hands about must do. Clearly, this is a case of geno- violations, we now face a humanitarian the problem in our power grid. Some of cide, and the international community disaster. Over a million people are dis- those same Senators turned around a must face its moral responsibility to placed and well over a hundred thou- few weeks later and voted against an act. energy bill that mandated electricity sand have fled over the border to Chad. f reliability. Everyone who knows any- The Government of Sudan is only thing says that must be adopted if we making matters more difficult by re- CRISIS IN HAITI sisting, delaying, frustrating the work are to rearrange things and have power Mr. DEWINE. Madam President, let of humanitarian assistance groups, and over the utility lines so we will not me turn to another area in the world the situation gets worse. Roads in the have blackouts. It is recommended by where there is another humanitarian region are only accessible to the most everyone who knows anything about it, crisis, and that is the country of Haiti. sturdy of jeeps and trucks, and once and we sit here and fail to pass the bill I will be very brief because I have come the rainy season starts in just a couple that contains it. to the Senate floor many times before of weeks, those roads will be wiped out, Gasoline prices have shattered all to talk about Haiti. cutting off aid altogether. The clock is records in April. Prices could reach $3 Haitian Prime Minister Latortue was ticking. We certainly cannot control by late September. I know that is a on Capitol Hill yesterday. I had the op- Mother Nature, so the world must act startling statement, but I make it be- portunity to meet with him. The ma- now. cause I believe it. Prices could reach $3 jority leader and the Democratic lead- a gallon by late summer. Natural gas I believe there are a few essentials that we should do immediately. First, er met with him, as well as other Sen- prices on average are 70 percent higher ators. The Prime Minister is a very im- than last year. Our electricity grid is the United States must push the United Nations Security Council to au- pressive man. He is a man who faces a every bit as vulnerable to a blackout very difficult task in Haiti. The U.S. today as last summer, and we stand thorize a stability and support oper- ation under chapter VII to help stop troops are scheduled to leave June 1 to here making speeches and passing the be replaced with U.N. troops. blame: Blame OPEC, blame the Presi- the atrocities and help distribute hu- manitarian aid. I would also like to see I will not try to summarize the mes- dent. sage from the Prime Minister, but two The buck stops here. It is up to this an expansion of the civilian protection monitoring teams into the Darfur re- things he said were very important Congress to pass a bill that stabilizes which I will share with my colleagues. the price of oil, gas, coal, and natural gion. The Government of Sudan has First, the Prime Minister made a very gas. It is up to this Congress to pass a had long enough time to stop the kill- strong case to the Members of the Sen- bill that increases our production of ing and facilitate the flow of aid. With ate whom he talked to for the passage energy from natural gas, wind, solar, the rainy season coming, we cannot of a bill Senator DODD and I have intro- geothermal, and clean coal. It is up to tell the people of Darfur to give their duced in the Senate, a bill that, accord- this Congress to mandate electricity government more time to comply. ing to the Prime Minister, within a rel- reliability. Let’s stop politicking on This may sound as if it is a radical atively short period of time would help this energy bill and on this energy step, but this step is needed. We should create an additional 100,000 jobs in problem. Let’s stop looking to foreign not be, and do not want to be, in the shores to solve our problems. Let’s stop situation 6 months or a year or 2 years Haiti, 100,000 jobs that are desperately looking to OPEC so they would have from now where we look back and say needed. This is a trade bill Senator DODD and the will. Let us unify and resolve that we should have taken this step—oh, if I have introduced that is pending in lack of enthusiasm and unity. Let’s we only would have sent this U.N. force the Senate. It has bipartisan support. roll up our sleeves and pass an energy in; if we only would have sent these bill. troops in we could have saved hundreds There is a companion bill introduced It is possible. The bill before us now of thousands of lives—because that is by Congressman CLAY SHAW in the contains about half the Energy bill. It the situation we are going to be in. We House of Representatives. I again call has all the tax credits that will bring are going to look back and say, if we my colleagues’ attention to this bill much of the energy that I have spoken only would have acted, if the world and hope we can act on this bill this about on board America. It will not do only would have acted, these lives year. It is a bill that would restore the the whole job, but it will do something. could have been saved. Why didn’t we assembly jobs in Haiti. Haiti at one We understand there are Senators who act? That is what has to take place. time had many assembly jobs. After do not want to see that pass. It has That, clearly, is what should take the sanctions were imposed during the broad support and it will do something place. Clinton administration, these jobs ba- significant. I trust we will pass it. Second, I believe Congress should sically went away. This bill will help I yield the floor. amend the Sudan Peace Act to require restore these jobs. It will make a big The PRESIDING OFFICER. The Sen- improvements in Darfur. We have the difference for Haiti. ator from Ohio. ability here in Congress to do that. The other point the Prime Minister Mr. DEWINE. Madam President, how Third, the United States should tar- made was the Haitian Government much time is remaining on our side? get sanctions against any members of today is in desperate need of cash.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4941 They cannot even do little things such For decades, now, congestion has unanimous consent that Senator KOHL as get the electricity back on. I have been rising. According to the com- be recognized for 5 minutes, Senator talked to Mr. Noriega in our adminis- mittee report on the highway bill, the FEINGOLD be recognized for 8 minutes, tration. I have talked to Secretary extra time needed for a rush-hour com- Senator KENNEDY for 5 minutes, Sen- Colin Powell. Both are very sympa- mute has tripled over the past two dec- ator LEAHY for 5 minutes, and Senator thetic to what is going on in Haiti and ades. The resulting congestion costs CORZINE for 5 minutes. I further ask the needs of the Haitian Government. every man, woman, and child in the that the time remaining on this side, Secretary Powell has assured me the United States $520 a year. About a bil- which I understand would be 17 min- administration is trying to reprogram lion gallons of gasoline are wasted utes—is that right? money and to get additional money for every 2 months on U.S. roads. The PRESIDING OFFICER. That is Haiti. Everyone agrees and under- Yet this highway bill we have could correct. stands the urgent need for this money. create hundreds of thousands of jobs in Mr. REID. I will yield myself such I simply say to the administration, the next few years. This highway bill is time as I may consume. If I get up to this money is desperately needed now. being prevented from being written, 15 minutes, I would ask the Chair to The new Haitian Government is strug- right here in the Senate. This highway advise me. gling. They need to show the people of bill, which would prevent almost half a The PRESIDING OFFICER. All time Haiti some immediate victories. If the million accidents, save almost 2,000 has expired on the majority side. people of Haiti are to have some con- lives over the next two decades, this Mr. REID. I thank the Chair. fidence in this new Government, if they bill is stalled on an open road to no- Madam President, I ask unanimous are to believe in this new Government, where. consent that the Democrats’ time be if they are to have confidence in the Why? Because of Democratic obstruc- allocated as I have indicated. new Government, they have to see tion. The House version and Senate The PRESIDING OFFICER. Without something tangible and they have to version of the bill are blocked by objection, it is so ordered. see it fairly quickly. Democrats from going to conference to The Senator from Nevada. I hope our administration will be resolve our differences. It is the way we able to reprogram some money, will be f legislate in the Congress. able to set some money aside and get With gas prices rising this year, with HOLDING UP THE FSC BILL that money to Haiti so this new Gov- wide-scale electrical blackouts last Mr. REID. Madam President, I want ernment will be able to show the people year, and with Middle East tensions everyone to listen. I know the best de- of Haiti some good faith, be able to every year, the Energy bill is again fense is good offense. That was learned show them some victories, and the peo- long before I used those words. But ple of Haiti will be able to see there is, stalled, going well into its third year of that is what we have going on here in fact, some hope. delay. But a bill that will, according to I yield the floor. the Senate Energy and Natural Re- today. We now have and have worked The PRESIDING OFFICER. The as- sources Committee, create 650,000 new all week on a bill that is extremely im- sistant majority leader. jobs, that will boost the economy and portant to this country. We refer to it Mr. MCCONNELL. How much time do secure our energy supplies, is blocked as FSC. It is a tax bill that deals with I have on this side in morning busi- by Democratic filibusters. corporate America. ness? Do we have to have another blackout As we speak, corporate America is The PRESIDING OFFICER. There before we are permitted to act? Do we being assessed penalties as a result of are 8 minutes remaining. have to have total shutdown of our trade sanctions that have been placed f freeways before the highway bill will on them by the World Trade Organiza- be freed? tion. We are trying to work our way THE PRICE OF OBSTRUCTION The price of obstruction is real. It is out of that, and we are very close to Mr. MCCONNELL. Madam President, rising. And there appears to be little being able to pass a bill. But the major- I believe many in the press world and relief in sight in our roads, at our ity, as they do all the time, will not let too many outside the beltway are ob- pumps, in our courtrooms, our emer- us finish the bill. serving the gridlock in the Senate and gency rooms, and our employment of- Do you know what is holding up the probably just dismissing it as ‘‘politics fices across America, all due to ob- FSC bill? Because the slow walk start- as usual.’’ struction by Democrats. ed last night. Four amendments. Four The truth is, it is not politics as I yield the floor and suggest the ab- amendments: One by Senator FEIN- usual. It is politics at its worst. The re- sence of a quorum. GOLD, which basically says we should sult is Americans are getting the The PRESIDING OFFICER. The buy American products. He wants 5 worst, the very worst from the Senate, clerk will call the roll. minutes. Senator CANTWELL wants to when they deserve the best. The assistant legislative clerk pro- extend unemployment benefits, 30 min- With gridlock jamming our Nation’s ceeded to call the roll. utes; Senator FRANK LAUTENBERG highways, we get gridlock on the high- Mr. REID. Madam President, I ask wants corporations that have foreign way bill right here in the Senate. With unanimous consent that the order for our Nation’s energy supply uncertain, subsidiaries not to do business with the quorum call be rescinded. terrorist countries. It does not sound the fate of the Energy bill in the Sen- The PRESIDING OFFICER. Without ate is equally uncertain. With a work- too outlandish to me. Senator CORZINE objection, it is so ordered. wants to impose 301 actions, which ba- based welfare system doing wonders Mr. REID. Madam President, how sically is called super 301, which simply across America, we see no work al- much time is left on the majority side says the President has to enforce our lowed on welfare reform in the Senate. in morning business? trade laws. As backlogged as courtrooms are with The PRESIDING OFFICER. On the Those are the four amendments, tak- lawsuits, so, too, is the Senate back- majority side there are 2 minutes 49 ing a total of an hour and 35 minutes, logged with sensible tort reform. As seconds remaining. emergency room patients wait for a Mr. REID. Will the Chair notify me the majority will not let us go forward doctor’s care, so, too, do emergency when that time has expired? with on this bill. That is it, an hour room doctors wait for medical lawsuit The PRESIDING OFFICER. The Sen- and 35 minutes. Tough votes by some. I reform from the Senate. ator from Nevada. don’t know why it would be hard to Gridlock, uncertainty, inaction, Mr. REID. Madam President, is the vote ‘‘buy America’’ or extend unem- backlog, and delay; that is all the Sen- time for the Democrats to begin now? ployment benefits or say foreign sub- ate is serving up these days. Gridlock, The PRESIDING OFFICER. Thirty sidiaries should not do business with uncertainty, inaction, backlog, and seconds remain on the majority side. terrorist organizations or countries, delay is all that is on the menu in the f and enforce our trade laws. That is Senate these days. what they are. There is a price for obstruction. It is ORDER OF PROCEDURE But now we will hear the speeches: real. It is painful and it is rising. Let Mr. REID. Madam President, when The Democrats are not allowing us to me give a few examples. time comes for the Democrats, I ask go forward with this most important—

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4942 CONGRESSIONAL RECORD — SENATE May 6, 2004 they call it the JOBS bill; I will call it ACCOUNTABILITY FOR OUR We have so many reasons to be proud the JOBS bill. It is a way of kind of di- ACTIONS of what our Armed Forces have done verting our attention away from the Mr. REID. Madam President, I want for this country, not just over the last real jobs problem, but it is a jobs bill. to read the first two paragraphs of an couple of years but since our founding. I acknowledge that. But that is what editorial that appeared in the New We are reminded of that heroic service we are faced with here. York Times today, written by Thomas as we look out on The Mall. We are The same good defense is being used Friedman. going to dedicate in a couple of weeks offensively here because my dear We are in danger of losing something much a memorial to the 16 million men and friend, the Senator from Missouri, has more important than just the war in Iraq. women who served in World War II. On come to the floor and said: The Demo- We are in danger of losing America as an in- Memorial Day, during that dedication, crats won’t let us do our highway bill. strument of moral authority and inspiration we will not only remember the 16 mil- in the world. I have never known a time in lion who served but the nearly 800 who I have here—and I am not going to my life when America and its president were bring out all three charts, but they are have lost their lives in Iraq. more hated around the world than today. I One of the hallmarks of our military here—oh, I am sorry, we couldn’t get was just in Japan, and even young Japanese in this great democracy is that our them on three—there are four charts of dislike us. It’s no wonder that so many military is controlled not by soldiers, the 390-plus organizations that are say- Americans are obsessed with the finale of the sailors, and airmen, but by civilians. ing: We agree with the Democrats. We sitcom ‘‘Friends’’ right now. They’re the We maintain this critical feature of our should not go to conference. They want only friends we have, and even they’re leav- system with checks and balances by $318 billion in funding. ing. This administration needs to undertake a having a Commander in Chief who is a Now, why don’t the Democrats want total overhaul of its Iraq policy; otherwise, civilian. The Secretary of Defense and to vote on this? Are we being partisan? it is courting a total disaster for us all. his deputies are civilians, so these re- Maybe we have memories. Maybe we I have been married for more than marks are directed to the civilian lead- can reflect back on what happened to four decades, and there have been a lot ership of our military. the Energy bill. We went to conference of things that I think have made our Harry Truman was a war President. with the Energy bill. We not only were marriage a success. I married a girl I He had a sign on his desk that said, not allowed to go to the conference, we met in high school. The main thing ‘‘The buck stops here.’’ He knew that did not know where the conference that has been good for our marriage is in any administration there would be meetings were held. the ability for both of us to say ‘‘I’m mistakes, and he accepted responsi- Medicare. We also remember that. sorry.’’ bility for mistakes that occurred on his We at least knew where the meetings Relations in other aspects of our watch. were held because the Republicans told lives are based on the same principles President Truman knew it was im- us: You can have two people. We asked of relationship that couples have. For portant to admit mistakes and take re- others to come to the meeting. They example, the foundations of nations, of sponsibility so the mistakes would not closed the meetings. That is not what a countries are formed by relationships be repeated. He knew if we didn’t admit conference is all about. between people. mistakes, we couldn’t learn from them. Yes, we do have memories. And When I got home last night, my wife The current administration has made through all this: Oh, they won’t let us said words to me to the effect: I some mistakes, and I have outlined do a highway bill. They are filibus- watched all the news today. Why some of them. We know in the first gulf tering. couldn’t the President say he was war 90 percent of the war costs were sorry? paid for by other countries, and our al- If a conference were appointed 5 min- I had no answer for that. I flipped on lies provided about 200,000 troops. But utes from now, what would happen is the television set. The first two people in this war we are bearing 90 percent of what we want to happen. If a con- I saw on TV interviewing others asked the cost and taking 90 percent of the ference were appointed 5 minutes from the same question: Why couldn’t the casualties. They said Iraqi oil revenues now, we would have the staffs of the President say he was sorry. Why would pay to rebuild the country, but Senate—majority and minority—meet couldn’t the President say he was we keep appropriating more money and to decide what actually should be done. sorry, not only for himself but for all are being asked to come up with $25 It would be easy because it is a bipar- Americans? This is expected in Amer- billion more. tisan bill. Then we would go over and ica. Vice President CHENEY predicted that meet with our counterparts in the I guess he couldn’t say he was sorry our soldiers would be greeted as heroes, House, and the staffs would meet. for the same reason that in his last bouquets would be thrown. Bombs are This is a big bill. It would take press conference he couldn’t say he had being thrown instead. We are now hear- weeks, at least 2 solid weeks, with 20- made a mistake. I add this to the list ing that the administration received hour-a-day, 6-day weeks, to get us to of mistakes that are paramount, No. 1, warnings about the treatment of pris- that point. They will not let us do that. when he claimed on the aircraft car- oners months ago, but those warnings The majority will not allow the staffs rier, with his flight suit that he bor- were not taken seriously. to meet on this bill. For people to say rowed from somebody, that major com- Last week, when Secretary Rumsfeld the only way to do a bill is to have this bat was over, and had the banner ‘‘mis- was in the Capitol in 407, the room conference is foolishness—foolishness. sion accomplished.’’ The mission was where we hear classified information, We have passed lots of bills, in fact, not accomplished. He should have ac- we weren’t told that ‘‘60 Minutes’’ that scores of bills without going to con- knowledged that as a mistake. Then very night would have a story about ference. We have something we call a just a few days later, when someone mistreatment of prisoners, with pic- preconference, and it is just as I de- said there are problems going on in tures of naked men, Iraqi prisoners, to scribed would happen following the ap- Iraq, he said: ‘‘Bring it on.’’ Well, we humiliate them. Now it has humiliated pointment of conferees. have almost 800 dead men and women. America. We should have been warned So we understand, if we were working I think that was a mistake. about that. They knew or should have with an administration like this that is It was a mistake yesterday when he known that they were about to become so unreasonable, so impossible to deal had the time and the ability to say he public and that they would affect the with, and I were in the majority, and I was sorry. I don’t have the position and course of events in the ongoing war on had a President like they were dealing power of the President of the United terror. After the civilian leadership has with, I would probably come out and do States; I know that. But I have the claimed for months that it needed no the same thing. It is all they can do. ability to say that all America is sorry more money, we are now asked for $25 They are desperate. But we have the for what went on in the prisoner of war billion. necessity of coming up with legislation camps in Iraq. What went on in those This is not to cast stones but to cast that is truly legislation that is good prison camps does not represent Amer- responsibility. Mistakes always have for the country, not necessarily good ica or its valiant military men and consequences. In war, the consequences for the President’s reelection. women. are a matter of life or death. We talk in

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4943 the Senate about accountability. We vention, we save $3 to $4 in costs asso- SUDAN want schoolteachers and public em- ciated with juvenile crime. Further- Mr. FEINGOLD. Mr. President, I rise ployees to be accountable. But we must more, law enforcement officials strong- today to join my colleagues in calling look beyond that at why our civilian ly support prevention efforts. A recent attention to the horrifying crisis in military should also be held account- poll shows that 71 percent of police Darfur, a part of western Sudan where able. chiefs, sheriffs and prosecutors believe over a million people have been dis- Our Founding Fathers believed that that crime prevention efforts would placed by a brutal campaign of ethnic the civilian leaders of our military have the greatest impact in reducing cleansing perpetrated by government- should be held accountable. I share youth violence and crime. So for those backed militia forces and official Suda- that belief. I hope the President does. who may fear that a crime prevention nese forces. The time has been allocated to my strategy is not ‘‘tough’’ enough on ju- Human Rights Watch has docu- friends. Senator KOHL has 5 minutes; veniles, we suggest that these pro- mented massacres, widespread rape, Senator FEINGOLD, 8 minutes; Senator grams make sound economic sense and massive forced displacement, and indis- KENNEDY, 5 minutes. are overwhelmingly endorsed by law criminate aerial bombardment of civil- The PRESIDING OFFICER. The Sen- enforcement. We must do a better job ians in Darfur. Amnesty International ator from Wisconsin. of funding them. indicates that the ceasefire agreement f Let me tell you about two essential signed on April 8 has not stopped the programs. In 1992, we established the attacks against civilians on the RESTORING JUVENILE JUSTICE Title V Local Delinquency Prevention ground, stating that ‘‘attacks on vil- FUNDING Program. Title V was and remains lages continue; indiscriminate and de- Mr. KOHL. Madam President, I rise unique in that it is the only source of liberate killings of civilians continue; today to discuss juvenile crime and ju- federal funding solely dedicated to ju- looting continues and rapes continue.’’ venile crime prevention programs. We venile crime prevention efforts. More Doctors Without Borders, which is ac- must remember that a strategy to importantly, Title V has proven to be a tually on the ground delivering serv- combat juvenile crime consists of a very successful program that encour- ices in parts of Darfur, warns of des- large dose of prevention programs as ages investment, collaboration, and perate malnutrition and tells us that well as strong enforcement. Juvenile long-range prevention planning by the absence of food aid on the ground is justice programs have proven time and local communities. time again that they help prevent Title V programs include preschool especially alarming because measles crime, strengthen communities, and and parent training programs, youth have broken out among the displaced, give children a second chance to suc- mentoring, after-school activities, tu- and measles can seriously aggravate ceed and lead healthy lives. It is no se- toring, truancy reduction, substance malnutrition. Because so many homes and farms cret that robust funding for these pro- abuse prevention and gang prevention and mosques and entire villages have grams in the 1990s contributed to a 68 outreach. Through these initiatives, been burned and totally destroyed, and percent drop in juvenile crime from large cities like Milwaukee to small 1994 to 2000. Most importantly, invest- communities like Ladysmith, WI are because normal life has been so thor- ment in our at-risk children will help creating environments that strengthen oughly disrupted, because fear still prevent a life marred by crime and families and help children avoid crime dominates the lives of so many civil- wasted in prison. and develop into productive adults. ians, and because the rainy season is For these programs to succeed, how- Enforcement is an important part of beginning—making much of Darfur ever, they must be priorities for this the overall strategy, but the adminis- completely inaccessible by road—lit- Congress and for this administration. tration cuts those programs as well. erally hundreds of thousands could die We fear that we are failing to live up to Positive intervention and treatment at of starvation. The humanitarian task our responsibility on this essential this early stage of delinquency can pre- before the world would be mammoth issue. A little more than 3 months ago, vent further violent behavior and steer even if a major political breakthrough President Bush released his fiscal year a young person in the right direction backed by what we have not seen to 2005 budget proposal. In it, juvenile jus- before it is too late. Realizing this, date—actual effective action taken by tice and delinquency programs will re- Congress created the Juvenile Account- the government of Sudan to put a stop ceive only about one-third of the fund- ability Incentive Block Grant Pro- to the attacks on civilians. Without ing they received 3 years ago. This is at gram, JAIBG, in 1997 and provided it such action, the crisis deepens each a time when recent statistics indicate with healthy funding levels of $250 mil- day. an uptick in juvenile crime and an in- lion. Congress reauthorized Title V and And even as the government of Sudan crease in school murder rates. JAIBG in 2002 at even greater levels. has failed to take effective action to We understand that other priorities And we improved JAIBG by adding sub- stop the attacks and protect the Suda- compete with juvenile justice funding stance abuse and mental health coun- nese people, they also have denied hu- and local crime prevention programs. seling, restitution, community service, manitarian organizations and inter- Yet the amounts we are discussing are and supervised probations to the list of national investigators access to so small in the grand scheme of the program options. The reauthorized pro- Darfur, deliberately undermining the budget, and the results from the pro- gram also ensures State and local ac- world’s efforts to help those who are grams so immense, that they mandate countability for proper and effective suffering and starving. The govern- our attention. uses of funds. ment’s aim appears to be to drive eth- When the Senate considered the We have a choice in this Congress of nic Africans out of Darfur, and to budget resolution, we began to address where we want to invest our money. shield this abhorrent agenda from the the shortfalls in juvenile justice fund- We can choose to address the roots of eyes of the international community. ing. I was pleased to work with Sen- crime and invest in our children by It is a disgrace that this same gov- ators HATCH and BIDEN on an amend- preventing a life of criminal behavior. ernment was just elected to a third ment to restore cuts made to juvenile We can choose to intervene in a posi- term on the United Nations Human justice programs and local law enforce- tive manner to work with those teens Rights Commission. Africans have as ment funding. Our amendment rep- that have fallen through the cracks great a stake in the commission’s work resents a step in the right direction by and have had a few scrapes with the and aims as any people anywhere in restoring juvenile justice funding to law. We can turn many of those kids the world. They deserve far better rep- last year’s levels, and reversing the around. I urge my colleagues to make resentation. trend of ever-diminishing appropria- the right choice this year and boost Mr. President, crimes against hu- tions for these programs. It is essential funding for the Title V program, the manity have been and continue to be that the Kohl-Hatch-Biden amendment Juvenile Accountability Block Grant perpetrated in Darfur, and the crimi- that restores juvenile justice funding program, and juvenile justice programs nals responsible for these atrocities— remain in the final Budget Resolution. overall. We can and must do better. the planners directing this horror at These programs are a wise invest- The PRESIDING OFFICER. The Sen- the highest levels—should be brought ment. For every dollar spent on pre- ator from Wisconsin is recognized. to justice.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4944 CONGRESSIONAL RECORD — SENATE May 6, 2004 I am proud to have joined with my The Sudanese government has re- been a beacon of hope for oppressed colleague, Senator BROWNBACK, who is fused to allow full access to western people around the world. deeply committed to Sudan, in intro- Sudan. International monitors and hu- Every day, quite rightly, we pride ducing S. Con Res. 99. And I am so manitarian workers have been pre- ourselves on our Constitution and our pleased to have been able to work as vented from reaching the area. We need Bill of Rights. After all, they were the part of a bipartisan group, including immediate access to gather more infor- template for the universal declaration Senators FRIST, DASCHLE, BIDEN, mation on what is happening and to of human rights. We often criticize LUGAR, ALEXANDER, KENNEDY and provide urgent humanitarian relief to other nations for violating those DEWINE on Sudan issue over the years. the one million people the United Na- rights, for engaging in torture and I mention as well that Senator DURBIN tions reports have been displaced inter- other crimes, and it is right that we do. has been enormously helpful at this nally in Sudan or across the border to We should speak out when human time, issue, and discussion possible. I Chad. rights and liberties are violated when- hope that today, by calling for urgent Many of us hoped that the humani- ever and wherever it occurs. action to implement a humanitarian tarian ceasefire and agreement earlier But today we see our own faces in the response plan that does not bow to the this month between the Sudanese gov- mirror. Until recently, it was beyond constraints imposed by the wishes of ernment and rebel forces in western our ability to contemplate that we the Sudanese Government, we can en- Sudan would end the many months of would become the subject of such uni- courage those working to respond to violence against entire communities. It versal ridicule and scorn for the ac- the needs on the ground. And by call- has not. tions of a handful. ing for a Security Council resolution The burning of homes and crops of The reputation of our Armed Forces, addressing the situation in Darfur, this desperately poor villagers has left in certainly since the First World War, resolution will make it crystal clear to its ashes a humanitarian disaster. has deservedly been the finest in the the Sudanese government that the cur- Without immediate relief, experts pre- world. As the father of a former ma- rent situation is simply unacceptable. dict deaths in the hundreds of thou- rine, I can attest that the training of Mr. President, I applaud the efforts sands. The cruelty of the Government our troops and the outstanding per- of the State Department and the White of Sudan and its paramilitary allies formance of the vast majority of them House to bring an end to Sudan’s long against other ethnic groups raises the should make every American proud. and tragic north-south conflict. But very real specter of genocide. They conduct themselves profes- the hopes that we all harbor of achiev- The United States and the inter- sionally. They treat others with re- ing a just and lasting end to that crisis national community need to act now, spect. They perform bravely. And simply cannot be meaningfully realized to stop this brutality, to save lives. If 138,000 men and women are coura- in the context of the kind of brutality we fail to act—and to act now—the geously wearing America’s uniform in we see in Darfur. consequences will be dire. Iraq today. Now they are endangered At the same time, any hopes that the United Nations Secretary General there and around the world. government of Sudan harbors of an eas- Kofi Annan was eloquent in his state- At the heart of this problem is a fail- ing of economic pressure or isolation ment at the commemoration of the ure of leadership, not ‘‘followship.’’ We stand no chance—no chance at all, Mr. 10th anniversary of the Rwanda geno- have heard from the Secretary of De- President—of being realized until the cide. He said that he would not permit fense. He was appalled by what hap- situation in Darfur changes, the at- Darfur to become the first genocide of pened, so appalled that he did not both- tacks are stopped, and the inter- the 21st century. er to read the report that described the national community—from humani- There will be discussion in Wash- horrific conditions at Abu Ghraib pris- tarian aid agencies to cease-fire mon- ington and around the world about on even though he had been aware of itors to U.N. investigators—has full, whether the ethnic violence in Darfur the concerns for months; so appalled he unfettered access to the region. We is, in fact, genocide, but we cannot forgot that it was he who decided, ap- need to see real change—not rhetorical allow the debate over definitions ob- parently on his own, that the U.S. mili- change, not change on paper, not struct our ability to act as soon as pos- tary would no longer be bound by the change on some days not more of the sible. Geneva Conventions, an astounding de- same on others. And we need to see it It is a matter of the highest moral cision when one considers its implica- right away. responsibility for each of us individ- tion; so appalled that his Department The PRESIDING OFFICER (Mr. EN- ually, for Congress, for the United has treated those of us who have asked SIGN). The Senator from Massachu- questions and sought information setts. States, and for the global community Mr. KENNEDY. Mr. President, I com- to do all we can to stop the violence about the interrogation practices at U.S. military detention facilities after mend Senator FEINGOLD and Senator against innocents in Darfur. We must BROWNBACK and our colleagues for rais- act, because thousands of people’s lives reports of torture and even homicide as ing this issue not just on the floor of will be lost if we do not. a nuisance; so appalled that for days he the Senate but also across our Nation, I yield the floor. treated this whole episode as though he because it is an issue of enormous im- The PRESIDING OFFICER. The Sen- could not quite grasp what all the fuss portance and consequence, as it should ator from Vermont. was about. After all, these are terror- be for all Americans and for people all Mr. LEAHY. Mr. President, I applaud ists, and we are fighting a war. over the world. both the Senator from Wisconsin and I have known Secretary Rumsfeld for It has been 10 years since the Rwanda the Senator from Massachusetts for 30 years. I like him. He is highly intel- genocide. A decade ago, 8,000 Rwandans what they have said. Obviously, I agree ligent. He has served his country with were being killed every day. Yet the completely. great devotion. But I believe that he international community was silent. f and the Deputy Secretary bear ulti- We did not stop the deaths of 800,000 mate responsibility for this catas- ABUSES AGAINST IRAQI trophe. Tutsis and politically moderate Hutu, PRISONERS in spite of our commitment that geno- The post-war chaos in Iraq that has cide must never again darken the an- Mr. LEAHY. Mr. President, this is a resulted from such miserably poor nals of human history. troubling time in America. Yesterday I planning—and so many people warned Sadly, we may now be repeating the spoke on this Senate floor about the them that it was miserably poor plan- same mistake in Sudan. despicable abuses perpetrated against ning—has claimed the lives and limbs Over the past few weeks, reports of Iraqi prisoners. The damage done to of hundreds of America’s troops and ci- severe ethnic violence have come from every American and to the reputation vilians and thousands of Iraqis, includ- Darfur, a region of western Sudan. We of our great Nation as a whole as a re- ing many civilians. It has caused deep have heard accounts of thousands or sult of these barbaric acts is incalcu- divisions between ourselves and the even tens of thousands of people mur- lable. It has severely tarnished our Iraqi people and Muslims around the dered, of widespread rape, and of peo- image as a nation of laws, a nation world. It has so damaged our image as ple’s homes burned to the ground. that for more than two centuries has a nation that stands for respect for

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4945 human rights. This represents a colos- Challenge Corporation. We are now tion is that as soon as we finish the 5 sal failure of leadership. going to get the agreement on Ambas- hours 30 minutes, we go back to the For 2 years, we have heard that if sador Negroponte, and we hope before FSC/ETI JOBS bill. We have made tre- you are not with us, you are against us. the end of the day to announce an mendous progress on the bill. I con- Who is with us now? And who was ever agreement on additional ambassadors gratulate the managers for their lead- with us? The coalition the President who might be confirmed yet today as ership over the course of the week. speaks of is a mirage. It is Americans well. They have done a commendable job in who are dying. It is Americans who are I hope all of the cooperation that is getting the number of amendments paying the price—another $25 billion, being demonstrated will allow the ad- both down and dealt with. Some have according to the President today, and ministration to reciprocate with a been adopted. Some have had votes on that is only for the next few months. number of our nominees to various them over the course of the week. Our Another $50 billion at least will be nec- boards and commissions from whom we intention is, as soon as we finish the essary next year just for Iraq. That is have yet to hear. So I look forward to Negroponte nomination debate and $75 billion we do not have to pay teach- working through the confirmation of vote, to go back to FSC/ETI. I hope all ers and police and firefighters and the Negroponte nomination today and 5 hours 30 minutes might not be re- other needs in America. the ambassadors tonight, and our hope quired on the Negroponte nomination. We have heard how the Secretary of is we can get additional cooperation The PRESIDING OFFICER. Is there Defense waited for months to tell the from the administration on our board objection? Without objection, it is so Congress about what was happening in nominees very shortly. ordered. that prison. When the photographs ap- I have no objection to going forward There is still 61⁄2 minutes remaining peared in the press, he and the Na- as the majority leader has now pro- for the Democratic Party. The Senator tional Security Adviser, the President, posed. from New Jersey has 5 minutes. everybody else said they were stunned The PRESIDING OFFICER. The ma- The Senator from New Jersey. and shocked and said these were iso- jority leader. Mr. CORZINE. May I make an in- lated incidents. The only thing they Mr. FRIST. I am pleased we are mak- quiry? Are there other of my col- could have been shocked by was that ing progress. The fact that we are leagues requesting time? the facts became public because they going to the debate on the future Am- The PRESIDING OFFICER. The Sen- had known about them for a very long bassador of Iraq, Mr. Negroponte, dem- ator from New Jersey is the only one time. That is the real question that onstrates that we are making some on the Democrat side seeking time. should trouble each one of us: Why we progress. We have a whole series of f judges who must be addressed, a whole thought it was OK to behave this way. SUDAN DARFUR CRISIS It represents a serious flaw of char- series of nominees who were just men- acter, of morality, of decency, of pro- tioned who must be addressed, and a Mr. CORZINE. Mr. President, I rise fessionalism, of training. It does not whole series of ambassadors on whom today to speak on an issue that too reflect the great military of our coun- it sounds as though we are making easily comes off our agenda in America try. It certainly does not reflect the some progress with the Negroponte and around the globe. We accepted S. values of America, and we have to ask nomination, as well as what we will see Con. Res. 99 which condemns the Gov- the leaders: Why did you allow this take place later during the day. ernment of the Republic of Sudan for shame to happen? Why did you allow I further ask consent that there then its participation and complicity in the America—America—to be shamed this be 5 hours 30 minutes equally divided attacks against innocent civilians in way throughout the world? between the chairman and ranking the impoverished Darfur region of I yield the floor, and I suggest the ab- member of the Foreign Relations Com- western Sudan. I think it is not enough sence of a quorum. mittee; provided further that the mi- just for us to be condemning in this sit- The PRESIDING OFFICER. The nority time be divided among the list uation. It has all of the makings of clerk will call the roll. that is at the desk. I also ask unani- turning into a humanitarian crisis that The legislative clerk proceeded to mous consent that following the use or rivals or at least approaches the kinds call the roll. yielding back of time, the Senate pro- of problems we saw in Rwanda. Mr. FRIST. Mr. President, I ask ceed to a vote on the confirmation of While we will take a stand in recog- unanimous consent that the order for the nomination with no intervening ac- nizing it as a problem, I think it is ab- the quorum call be rescinded. tion or debate. solutely essential that we maintain at- The PRESIDING OFFICER. Without Finally, I ask unanimous consent tention and focus when there are so objection, it is so ordered. that following the vote, the President many events in the world that draw us f be immediately notified of the Senate’s away. action, and the Senate then resume The United Nations, international UNANIMOUS CONSENT AGREE- legislative session. humanitarian and human rights orga- MENT—EXECUTIVE CALENDAR The PRESIDING OFFICER. Is there nizations, as well as our own Govern- Mr. FRIST. Mr. President, as in exec- objection? ment, agree that the campaign by the utive session, I ask unanimous consent The minority leader. extremist, theocratic Sudanese Gov- that following morning business today Mr. DASCHLE. Reserving the right ernment and their militia allies the Senate proceed to executive session to object, I ask the majority leader if it against Muslim civilians of African for the consideration of Calendar No. is his intention to go back to the FSC ethnicity in Darfur, western Sudan, 685, the nomination of John bill after we have completed this work. over the last 14 months has driven over Negroponte to be Ambassador to Iraq. I have consulted with the assistant 1 million civilians from their home. We The PRESIDING OFFICER. The mi- Democratic leader. We are now down to have the risk of another tragic geno- nority leader. four amendments which will only re- cidal action in place. Mr. DASCHLE. Reserving the right quire 1 hour 35 minutes on our side. We The 1 million Muslim civilians dis- to object, and I certainly will not ob- are getting down to a very small num- placed within Darfur, Sudanese citizens ject, we hope to work very closely with ber. Only 1 hour 35 minutes on four victimized by their own Government, our Republican friends and have a good amendments, and we would be finished cling to life as displaced, homeless per- discussion and debate about the with the bill as far as our side is con- sons living in the open or in pathetic Negroponte nomination. I understand cerned. and inadequate camps, in constant fear there are a number of other Senators I ask the majority leader if it is his of further attacks and depredation. who wish to be recognized in regard to intention to complete work on the FSC Their physical condition is severely this nomination. bill. weakened, food supplies are exhausted, Last night, we confirmed two mem- The PRESIDING OFFICER. The ma- and the international community so bers of the Federal Marine Maritime jority leader. far has been unable to get critically Commission and the nominee for chief Mr. FRIST. Mr. President, in re- needed food assistance into the inte- executive officer of the Millennium sponse, through the Chair, our inten- rior, due to deliberate interference and

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4946 CONGRESSIONAL RECORD — SENATE May 6, 2004 obstruction by the Khartoum govern- world. It is important that we recog- ø(B) by adding at the end the following new ment. These individuals, these Muslim nize it and keep it in the limelight so subsection: ø civilians, are fleeing systematic at- world public opinion can stop this kind ‘‘(cc)(1) Individuals described in this para- graph are individuals— tacks by their own Government, Suda- of action before it happens. ø‘‘(A) who have not attained 18 years of nese armed forces, and their militia al- Mr. President, I yield the floor. age; lies, the ‘‘janjaweed.’’ The PRESIDING OFFICER. The Sen- ø‘‘(B) who would be considered disabled The horrors which civilian families ator from Iowa. under section 1614(a)(3)(C) but for having in Darfur are fleeing include the cold- f earnings or deemed income or resources (as blooded murder of unarmed civilians; determined under title XVI for children) that FAMILY OPPORTUNITY ACT OF pillage and burning of villages; orga- exceed the requirements for receipt of sup- 2003 nized, systematic rapes of women— plemental security income benefits; and ø wives, daughters, sisters; rape used as a Mr. GRASSLEY. Mr. President, I ask ‘‘(C) whose family income does not exceed such income level as the State establishes deliberate weapon of terror and polit- unanimous consent the Senate proceed to the immediate consideration of Cal- and does not exceed— ical control; and the deliberate de- ø‘‘(i) 250 percent of the income official pov- struction of farms, the irrigation sys- endar No. 295, S. 622. erty line (as defined by the Office of Manage- tems, and food stockpiles on which this The PRESIDING OFFICER. The ment and Budget, and revised annually in ac- already impoverished region depends; clerk will report the bill by title. cordance with section 673(2) of the Omnibus in other words, deliberately manufac- The legislative clerk read as follows: Budget Reconciliation Act of 1981) applicable tured starvation that will lead to the A bill (S. 622) to amend title XIX of the So- to a family of the size involved; or ø kind of real potential for genocide that cial Security Act to provide families of dis- ‘‘(ii) such higher percent of such poverty line as a State may establish, except that— we have seen in other places on the Af- abled children with the opportunity to pur- chase coverage under the medicaid program ø‘‘(I) any medical assistance provided to an rican Continent. We must stay alert. for such children, and for other purposes. individual whose family income exceeds 250 We must keep the focus of public opin- There being no objection, the Senate percent of such poverty line may only be ion on this issue. provided with State funds; and proceeded to consider the bill, which Last is a key point. Even though ø‘‘(II) no Federal financial participation had been reported from the Committee from 10,000 to as many as 30,000 civil- shall be provided under section 1903(a) for on Finance, with an amendment to ians have died so far in Darfur since any medical assistance provided to such an strike all after the enacting clause and February, 2003, the final death numbers individual.’’. insert in lieu thereof the following: ø(2) INTERACTION WITH EMPLOYER-SPON- for 2004 and 2005 may prove far higher (Strike the part shown in black SORED FAMILY COVERAGE.—Section 1902(cc) because of the actions that are being brackets and insert the part shown in (42 U.S.C. 1396a(cc)), as added by paragraph taken and the lack of ability for the italic.) (1)(B), is amended by adding at the end the international community to actually following new paragraph: participate and provide assistance for S. 622 ø‘‘(2)(A) If an employer of a parent of an in- the unbelievable inhumane conditions. Be it enacted by the Senate and House of dividual described in paragraph (1) offers This is all in the context of a very Representatives of the United States of America family coverage under a group health plan in Congress assembled, difficult environment—underdeveloped, (as defined in section 2791(a) of the Public øSECTION 1. SHORT TITLE; AMENDMENTS TO SO- Health Service Act), the State shall— impassable roads, huge swings in the CIAL SECURITY ACT; TABLE OF CON- ø‘‘(i) require such parent to apply for, en- nature of the weather. It is an incred- TENTS. roll in, and pay premiums for, such coverage ibly complex and debilitating human ø(a) SHORT TITLE.—This Act may be cited as a condition of such parent’s child being or situation which needs to be brought to as the ‘‘Family Opportunity Act of 2003’’ or remaining eligible for medical assistance attention. While genocide may not yet the ‘‘Dylan Lee James Act’’. under subsection (a)(10)(A)(ii)(XIX) if the ø have occurred in Darfur, the elements (b) AMENDMENTS TO SOCIAL SECURITY parent is determined eligible for such cov- ACT.—Except as otherwise specifically pro- erage and the employer contributes at least are in place. The possibility of such vided, whenever in this Act an amendment is horrors should not be far from our 50 percent of the total cost of annual pre- expressed in terms of an amendment to or re- miums for such coverage; and minds. That is why I speak out about it peal of a section or other provision, the ref- ø‘‘(ii) if such coverage is obtained— on the Senate floor, and I will do it erence shall be considered to be made to that ø‘‘(I) subject to paragraph (2) of section over and over. This needs to be made section or other provision of the Social Secu- 1916(h), reduce the premium imposed by the into something about which we have a rity Act. State under that section in an amount that positive sense of responsibility, both ø(c) TABLE OF CONTENTS.—The table of con- reasonably reflects the premium contribu- here in the United States and in the tents of this Act is as follows: tion made by the parent for private coverage ø international community. Sec. 1. Short title; amendments to Social on behalf of a child with a disability; and ø U.N. Secretary Kofi Annan has com- Security Act; table of contents. ‘‘(II) treat such coverage as a third party øSec. 2. Opportunity for families of disabled liability under subsection (a)(25). pared the genocide in Rwanda 10 years children to purchase medicaid ø‘‘(B) In the case of a parent to which sub- ago to events that are now unfolding. coverage for such children. paragraph (A) applies, a State, subject to It will not be enough to go back and øSec. 3. Treatment of inpatient psychiatric paragraph (1)(C)(ii), may provide for pay- look, after the fact, to this kind of in- hospital services for individuals ment of any portion of the annual premium humanity to man. under age 21 in home or com- for such family coverage that the parent is We will have, later this year and munity-based services waivers. required to pay. Any payments made by the ø next, an occasion to vow yet again, in Sec. 4. Development and support of family- State under this subparagraph shall be con- to-family health information the wake of another deliberately in- sidered, for purposes of section 1903(a), to be centers. payments for medical assistance.’’. flicted mass murder and disaster, to øSec. 5. Restoration of medicaid eligibility ø(b) STATE OPTION TO IMPOSE INCOME-RE- say: Never again. But we can do that for certain SSI beneficiaries. LATED PREMIUMS.—Section 1916 (42 U.S.C. now as opposed to after the fact. I hope øSEC. 2. OPPORTUNITY FOR FAMILIES OF DIS- 1396o) is amended— all of us in this body, those of us who ABLED CHILDREN TO PURCHASE ø(1) in subsection (a), by striking ‘‘sub- are part of the Foreign Relations Com- MEDICAID COVERAGE FOR SUCH section (g)’’ and inserting ‘‘subsections (g) CHILDREN. mittee and are very focused on these and (h)’’; and ø(a) STATE OPTION TO ALLOW FAMILIES OF ø issues, will make sure it stays a pri- (2) by adding at the end the following new DISABLED CHILDREN TO PURCHASE MEDICAID subsection: ority, although that is very hard in the COVERAGE FOR SUCH CHILDREN.— ø‘‘(h)(1) With respect to disabled children complex world we have. So I hope by ø(1) IN GENERAL.—Section 1902 (42 U.S.C. provided medical assistance under section speaking out today and as we go for- 1396a) is amended— 1902(a)(10)(A)(ii)(XIX), subject to paragraph ward that this Darfur situation will ø(A) in subsection (a)(10)(A)(ii)— (2), a State may (in a uniform manner for not fall off the radar screen. ø(i) by striking ‘‘or’’ at the end of sub- such children) require the families of such This is a real risk of genocide evolv- clause (XVII); children to pay monthly premiums set on a ø ing. I think it absolutely essential that (ii) by adding ‘‘or’’ at the end of subclause sliding scale based on family income. (XVIII); and ø‘‘(2) A premium requirement imposed our Government stand up, stand tall, ø(iii) by adding at the end the following under paragraph (1) may only apply to the be outspoken, make sure we are not new subclause: extent that— tolerant of the developments that are ø‘‘(XIX) who are disabled children de- ø‘‘(A) the aggregate amount of such pre- so readily reported in that part of the scribed in subsection (cc)(1);’’; and mium and any premium that the parent is

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4947 required to pay for family coverage under ø‘‘(i) there is appropriated to the Sec- regard to the phrase ‘the first day of the section 1902(cc)(2)(A)(i) does not exceed 5 per- retary, out of any money in the Treasury not month following’ ’’. cent of the family’s income; and otherwise appropriated— ø(b) EFFECTIVE DATE.—The amendments ø‘‘(B) the requirement is imposed con- ø‘‘(I) $3,000,000 for fiscal year 2004; made by subsection (a) shall apply to med- sistent with section 1902(cc)(2)(A)(ii)(I). ø‘‘(II) $4,000,000 for fiscal year 2005; and ical assistance for items and services fur- ø‘‘(3) A State shall not require prepayment ø‘‘(III) $5,000,000 for fiscal year 2006; and nished on or after the first day of the first of a premium imposed pursuant to paragraph ø‘‘(ii) there is authorized to be appro- calendar quarter that begins after the date (1) and shall not terminate eligibility of a priated to the Secretary, $5,000,000 for each of enactment of this Act.¿ child under section 1902(a)(10)(A)(ii)(XIX) for of fiscal years 2007 and 2008. SECTION 1. SHORT TITLE; AMENDMENTS TO SO- medical assistance under this title on the ø‘‘(B) Funds appropriated or authorized to CIAL SECURITY ACT; TABLE OF CON- basis of failure to pay any such premium be appropriated under subparagraph (A) TENTS. until such failure continues for a period of shall— (a) SHORT TITLE.—This Act may be cited as not less than 60 days from the date on which ø‘‘(i) be in addition to amounts appro- the ‘‘Family Opportunity Act of 2003’’ or the the premium became past due. The State priated under subsection (a) and retained ‘‘Dylan Lee James Act’’. may waive payment of any such premium in under section 502(a)(1) for the purpose of car- (b) AMENDMENTS TO SOCIAL SECURITY ACT.— any case where the State determines that re- rying out activities described in subsection Except as otherwise specifically provided, when- quiring such payment would create an undue (a)(2); and ever in this Act an amendment is expressed in hardship.’’. ø‘‘(ii) remain available until expended. terms of an amendment to or repeal of a section ø(c) CONFORMING AMENDMENTS.—Section ø‘‘(2) The family-to-family health informa- or other provision, the reference shall be consid- 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in tion centers described in this paragraph are ered to be made to that section or other provi- the matter preceding subparagraph (A), by centers that— sion of the Social Security Act. inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after ø‘‘(A) assist families of children with dis- (c) TABLE OF CONTENTS.—The table of con- ‘‘1902(a)(10)(A)(ii)(XVIII),’’. abilities or special health care needs to tents of this Act is as follows: ø(d) EFFECTIVE DATE.—The amendments make informed choices about health care in Sec. 1. Short title; amendments to Social Secu- made by this section shall apply to medical order to promote good treatment decisions, rity Act; table of contents. assistance for items and services furnished cost-effectiveness, and improved health out- Sec. 2. Opportunity for families of disabled chil- on or after October 1, 2005. comes for such children; dren to purchase medicaid cov- øSEC. 3. TREATMENT OF INPATIENT PSY- ø‘‘(B) provide information regarding the erage for such children. CHIATRIC HOSPITAL SERVICES FOR health care needs of, and resources available Sec. 3. Treatment of inpatient psychiatric hos- INDIVIDUALS UNDER AGE 21 IN for, children with disabilities or special pital services for individuals HOME OR COMMUNITY-BASED SERV- health care needs; under age 21 in home or commu- ICES WAIVERS. ø‘‘(C) identify successful health delivery nity-based services waivers. ø(a) IN GENERAL.—Section 1915(c) (42 U.S.C. models for such children; Sec. 4. Development and support of family-to- 1396n(c)) is amended— ø‘‘(D) develop with representatives of ø family health information centers. (1) in paragraph (1)— health care providers, managed care organi- Sec. 5. Restoration of medicaid eligibility for ø (A) in the first sentence, by inserting ‘‘, or zations, health care purchasers, and appro- certain SSI beneficiaries. would require inpatient psychiatric hospital priate State agencies a model for collabora- services for individuals under age 21,’’ after SEC. 2. OPPORTUNITY FOR FAMILIES OF DIS- tion between families of such children and ABLED CHILDREN TO PURCHASE ‘‘intermediate care facility for the mentally health professionals; MEDICAID COVERAGE FOR SUCH retarded’’; and ø‘‘(E) provide training and guidance re- CHILDREN. ø (B) in the second sentence, by inserting ‘‘, garding caring for such children; (a) STATE OPTION TO ALLOW FAMILIES OF or would require inpatient psychiatric hos- ø‘‘(F) conduct outreach activities to the DISABLED CHILDREN TO PURCHASE MEDICAID pital services for individuals under age 21’’ families of such children, health profes- COVERAGE FOR SUCH CHILDREN.— before the period; sionals, schools, and other appropriate enti- (1) IN GENERAL.—Section 1902 (42 U.S.C. ø(2) in paragraph (2)(B), by striking ‘‘or ties and individuals; and 1396a) is amended— services in an intermediate care facility for ø‘‘(G) are staffed by families of children (A) in subsection (a)(10)(A)(ii)— the mentally retarded’’ each place it appears with disabilities or special health care needs (i) by striking ‘‘or’’ at the end of subclause and inserting ‘‘services in an intermediate who have expertise in Federal and State pub- (XVII); care facility for the mentally retarded, or in- lic and private health care systems and (ii) by adding ‘‘or’’ at the end of subclause patient psychiatric hospital services for indi- health professionals. (XVIII); and viduals under age 21’’; ø‘‘(3) The Secretary shall develop family- (iii) by adding at the end the following new ø(3) in paragraph (2)(C)— to-family health information centers de- subclause: ø(A) by inserting ‘‘, or who are determined scribed in paragraph (2) under this sub- ‘‘(XIX) who are disabled children described in to be likely to require inpatient psychiatric section in accordance with the following: subsection (cc)(1);’’; and hospital services for individuals under age ø‘‘(A) With respect to fiscal year 2004, such (B) by adding at the end the following new 21,’’ after ‘‘, or intermediate care facility for centers shall be developed in not less than 25 subsection: the mentally retarded’’; and States. ‘‘(cc)(1) Individuals described in this para- ø(B) by striking ‘‘or services in an inter- ø‘‘(B) With respect to fiscal year 2005, such graph are individuals— mediate care facility for the mentally re- centers shall be developed in not less than 40 ‘‘(A) who have not attained 18 years of age; tarded’’ and inserting ‘‘services in an inter- States. ‘‘(B) who would be considered disabled under mediate care facility for the mentally re- ø‘‘(C) With respect to fiscal year 2006, such section 1614(a)(3)(C) but for having earnings or tarded, or inpatient psychiatric hospital centers shall be developed in not less than 50 deemed income or resources (as determined services for individuals under age 21’’; and States and the District of Columbia. under title XVI for children) that exceed the re- ø(4) in paragraph (7)(A)— ø‘‘(4) The provisions of this title that are quirements for receipt of supplemental security ø(A) by inserting ‘‘or would require inpa- applicable to the funds made available to the income benefits; and tient psychiatric hospital services for indi- Secretary under section 502(a)(1) apply in the ‘‘(C) whose family income does not exceed viduals under age 21,’’ after ‘‘intermediate same manner to funds made available to the such income level as the State establishes and care facility for the mentally retarded,’’; and Secretary under paragraph (1)(A). does not exceed— ø(B) by inserting ‘‘or who would require in- ø‘‘(5) For purposes of this subsection, the ‘‘(i) 250 percent of the income official poverty patient psychiatric hospital services for indi- term ‘State’ means each of the 50 States and line (as defined by the Office of Management viduals under age 21’’ before the period. the District of Columbia.’’. and Budget, and revised annually in accord- ø(b) EFFECTIVE DATE.—The amendments øSEC. 5. RESTORATION OF MEDICAID ELIGI- ance with section 673(2) of the Omnibus Budget made by subsection (a) apply with respect to BILITY FOR CERTAIN SSI BENE- Reconciliation Act of 1981) applicable to a fam- medical assistance provided on or after Jan- FICIARIES. ily of the size involved; or uary 1, 2004. ø(a) IN GENERAL.—Section ‘‘(ii) such higher percent of such poverty line øSEC. 4. DEVELOPMENT AND SUPPORT OF FAM- 1902(a)(10)(A)(i)(II) (42 U.S.C. as a State may establish, except that— ILY-TO-FAMILY HEALTH INFORMA- 1396a(a)(10)(A)(i)(II)) is amended— ‘‘(I) any medical assistance provided to an in- TION CENTERS. ø(1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; dividual whose family income exceeds 250 per- øSection 501 (42 U.S.C. 701) is amended by ø(2) by striking ‘‘) and’’ and inserting cent of such poverty line may only be provided adding at the end the following new sub- ‘‘and’’; with State funds; and section: ø(3) by striking ‘‘section or who are’’ and ‘‘(II) no Federal financial participation shall ø‘‘(c)(1)(A) For the purpose of enabling the inserting ‘‘section), (bb) who are’’; and be provided under section 1903(a) for any med- Secretary (through grants, contracts, or oth- ø(4) by inserting before the comma at the ical assistance provided to such an individual.’’. erwise) to provide for special projects of re- end the following: ‘‘, or (cc) who are under 21 (2) INTERACTION WITH EMPLOYER-SPONSORED gional and national significance for the de- years of age and with respect to whom sup- FAMILY COVERAGE.—Section 1902(cc) (42 U.S.C. velopment and support of family-to-family plemental security income benefits would be 1396a(cc)), as added by paragraph (1)(B), is health information centers described in paid under title XVI if subparagraphs (A) and amended by adding at the end the following paragraph (2)— (B) of section 1611(c)(7) were applied without new paragraph:

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 6333 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4948 CONGRESSIONAL RECORD — SENATE May 6, 2004 ‘‘(2)(A) If an employer of a parent of an indi- services for individuals under age 21,’’ after ‘‘in- ‘‘(G) are staffed by families of children with vidual described in paragraph (1) offers family termediate care facility for the mentally re- disabilities or special health care needs who coverage under a group health plan (as defined tarded’’; and have expertise in Federal and State public and in section 2791(a) of the Public Health Service (B) in the second sentence, by inserting ‘‘, or private health care systems and health profes- Act), the State shall— would require inpatient psychiatric hospital sionals. ‘‘(i) require such parent to apply for, enroll services for individuals under age 21’’ before the ‘‘(3) The Secretary shall develop family-to- in, and pay premiums for, such coverage as a period; family health information centers described in condition of such parent’s child being or re- (2) in paragraph (2)(B), by striking ‘‘or serv- paragraph (2) in accordance with the following: maining eligible for medical assistance under ices in an intermediate care facility for the men- ‘‘(A) With respect to fiscal year 2004, such subsection (a)(10)(A)(ii)(XIX) if the parent is tally retarded’’ each place it appears and insert- centers shall be developed in not less than 25 determined eligible for such coverage and the ing ‘‘services in an intermediate care facility for States. employer contributes at least 50 percent of the the mentally retarded, or inpatient psychiatric ‘‘(B) With respect to fiscal year 2005, such total cost of annual premiums for such coverage; hospital services for individuals under age 21’’; centers shall be developed in not less than 40 and (3) in paragraph (2)(C)— States. ‘‘(ii) if such coverage is obtained— (A) by inserting ‘‘, or who are determined to ‘‘(C) With respect to fiscal year 2006, such ‘‘(I) subject to paragraph (2) of section be likely to require inpatient psychiatric hos- centers shall be developed in all States. 1916(h), reduce the premium imposed by the pital services for individuals under age 21,’’ ‘‘(4) The provisions of this title that are appli- State under that section in an amount that rea- after ‘‘, or intermediate care facility for the cable to the funds made available to the Sec- sonably reflects the premium contribution made mentally retarded’’; and retary under section 502(a)(1) apply in the same by the parent for private coverage on behalf of (B) by striking ‘‘or services in an intermediate manner to funds made available to the Secretary a child with a disability; and care facility for the mentally retarded’’ and in- under paragraph (1)(A). ‘‘(II) treat such coverage as a third party li- serting ‘‘services in an intermediate care facility ‘‘(5) For purposes of this subsection, the term ability under subsection (a)(25). for the mentally retarded, or inpatient psy- ‘State’ means each of the 50 States and the Dis- ‘‘(B) In the case of a parent to which sub- chiatric hospital services for individuals under trict of Columbia.’’. paragraph (A) applies, a State, subject to para- age 21’’; and SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY graph (1)(C)(ii), may provide for payment of (4) in paragraph (7)(A)— FOR CERTAIN SSI BENEFICIARIES. any portion of the annual premium for such (A) by inserting ‘‘or would require inpatient (a) IN GENERAL.—Section 1902(a)(10)(A)(i)(II) family coverage that the parent is required to psychiatric hospital services for individuals (42 U.S.C. 1396a(a)(10)(A)(i)(II)) is amended— pay. Any payments made by the State under under age 21,’’ after ‘‘intermediate care facility (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; this subparagraph shall be considered, for pur- for the mentally retarded,’’; and (2) by striking ‘‘) and’’ and inserting ‘‘and’’; poses of section 1903(a), to be payments for med- (B) by inserting ‘‘or who would require inpa- (3) by striking ‘‘section or who are’’ and in- ical assistance.’’. tient psychiatric hospital services for individ- serting ‘‘section), (bb) who are’’; and uals under age 21’’ before the period. (4) by inserting before the comma at the end (b) STATE OPTION TO IMPOSE INCOME-RE- (b) EFFECTIVE DATE.—The amendments made the following: ‘‘, or (cc) who are under 21 years LATED PREMIUMS.—Section 1916 (42 U.S.C. by subsection (a) apply with respect to medical of age and with respect to whom supplemental 1396o) is amended— (1) in subsection (a), by striking ‘‘subsection assistance provided on or after October 1, 2004. security income benefits would be paid under (g)’’ and inserting ‘‘subsections (g) and (h)’’; SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY- title XVI if subparagraphs (A) and (B) of sec- and TO-FAMILY HEALTH INFORMATION tion 1611(c)(7) were applied without regard to CENTERS. (2) by adding at the end the following new the phrase ‘the first day of the month fol- Section 501 (42 U.S.C. 701) is amended by add- subsection: lowing’ ’’. ing at the end the following new subsection: FFECTIVE DATE.—The amendments made ‘‘(h)(1) With respect to disabled children pro- (b) E ‘‘(c)(1)(A) For the purpose of enabling the by subsection (a) shall apply to medical assist- vided medical assistance under section Secretary (through grants, contracts, or other- ance for items and services furnished on or after 1902(a)(10)(A)(ii)(XIX), subject to paragraph (2), wise) to provide for special projects of regional October 1, 2004. a State may (in a uniform manner for such chil- and national significance for the development Mr. GRASSLEY. Mr. President, dren) require the families of such children to and support of family-to-family health informa- pay monthly premiums set on a sliding scale tion centers described in paragraph (2)— today, I come to the floor to talk about based on family income. ‘‘(i) there is appropriated to the Secretary, out a bill of great significance to me. The ‘‘(2) A premium requirement imposed under of any money in the Treasury not otherwise ap- Family Opportunity Act is a bill that I paragraph (1) may only apply to the extent propriated— first introduced with Senator KENNEDY that— ‘‘(I) $3,000,000 for fiscal year 2005; ‘‘(A) the aggregate amount of such premium in the 106th Congress. ‘‘(II) $4,000,000 for fiscal year 2006; and This bill promotes family, work, and and any premium that the parent is required to ‘‘(III) $5,000,000 for fiscal year 2007; and pay for family coverage under section ‘‘(ii) there is authorized to be appropriated to opportunity. Every day, across the 1902(cc)(2)(A)(i) does not exceed 5 percent of the the Secretary, $5,000,000 for each of fiscal years country, thousands of families struggle family’s income; and 2008 and 2009. to obtain affordable and appropriate ‘‘(B) the requirement is imposed consistent ‘‘(B) Funds appropriated or authorized to be health care coverage for children with with section 1902(cc)(2)(A)(ii)(I). appropriated under subparagraph (A) shall— special health care needs, including ‘‘(3) A State shall not require prepayment of a ‘‘(i) be in addition to amounts appropriated children with conditions such as au- premium imposed pursuant to paragraph (1) and under subsection (a) and retained under section tism, mental retardation, cerebral shall not terminate eligibility of a child under 502(a)(1) for the purpose of carrying out activi- section 1902(a)(10)(A)(ii)(XIX) for medical as- ties described in subsection (a)(2); and palsy, developmental delays, or mental sistance under this title on the basis of failure ‘‘(ii) remain available until expended. illness. Over the course of the last to pay any such premium until such failure con- ‘‘(2) The family-to-family health information three Congresses, this bill has enjoyed tinues for a period of not less than 60 days from centers described in this paragraph are centers strong bipartisan support. the date on which the premium became past that— Low and middle income parents who due. The State may waive payment of any such ‘‘(A) assist families of children with disabil- have employer sponsored family health premium in any case where the State determines ities or special health care needs to make in- care coverage and children with dis- formed choices about health care in order to that requiring such payment would create an abilities often find that their private undue hardship.’’. promote good treatment decisions, cost-effective- (c) CONFORMING AMENDMENT.—Section ness, and improved health outcomes for such insurance does not adequately cover 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in children; the array of services that are critical the matter preceding subparagraph (A), by in- ‘‘(B) provide information regarding the health to their child’s well-being, such as serting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after care needs of, and resources available for, chil- mental health services, personal care ‘‘1902(a)(10)(A)(ii)(XVIII),’’. dren with disabilities or special health care services, durable medical equipment, (d) EFFECTIVE DATE.—The amendments made needs; special nutritional supplements, and by this section shall apply to medical assistance ‘‘(C) identify successful health delivery models for such children; respite care. Because Medicaid, our Na- for items and services furnished on or after Oc- tion’s health care program for low-in- tober 1, 2005. ‘‘(D) develop with representatives of health come individuals, offers the type of SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC care providers, managed care organizations, HOSPITAL SERVICES FOR INDIVID- health care purchasers, and appropriate State comprehensive care that best meets UALS UNDER AGE 21 IN HOME OR agencies a model for collaboration between fami- the needs of children with disabilities, COMMUNITY-BASED SERVICES WAIV- lies of such children and health professionals; it can become a lifeline on which many ERS. ‘‘(E) provide training and guidance regarding parents depend. Yet, Medicaid is a safe- (a) IN GENERAL.—Section 1915(c) (42 U.S.C. caring for such children; 1396n(c)) is amended— ‘‘(F) conduct outreach activities to the fami- ty net program and one must be impov- (1) in paragraph (1)— lies of such children, health professionals, erished in order to be eligible. This pre- (A) in the first sentence, by inserting ‘‘, or schools, and other appropriate entities and indi- sents a terrible choice for many low would require inpatient psychiatric hospital viduals; and and middle income families who have a

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4949 child with special health care needs: advance this important legislation on which have stood for far too long. This they must choose between work or im- behalf of thousands of families who bill will change lives. poverishment. Or, in the worst cases, need our help. I thank them both for This bill will change the life of 13- parents consider the devastating choice their efforts along with the thousands year-old Alice in Oklahoma, who was of relinquishing custody for an out-of- of children and families who have been disabled because of multiple dystrophy. home placement so their child can ob- tireless advocates for this legislation. Under this bill she will now be able to tain services they so desperately need. Mr. KENNEDY. Mr. President, it is get personal assistance to live at home The Family Opportunity Act helps an honor to join my colleague Senator with her family and go to her neighbor- families to address the needs of chil- GRASSLEY today in completing Senate hood school. dren with disabilities. Some Members passage of the Family Opportunity This bill will change the life of John- of the Senate have voiced concerns Act—so that once and for all, we can ny in Indiana, who has severe mental over the years about the cost of this remove the barriers to quality and af- illness and needs multiple mental bill and the expansion of the Medicaid fordable health care for children with health therapies and drugs. His mother program. Senator NICKLES and I have disabilities. Barriers that prevent fam- will no longer be forced to give up cus- had many long discussions about the ilies from staying together and staying tody of Johnny in order to secure the goals of this legislation. I greatly re- employed. And prevent their children treatment he needs. Her goals of stay- spect his position and I appreciate the from growing up to live independent ing a productive citizen and keeping thoughtful and productive debate that lives and become fully contributing her son at home will no longer be de- I have been able to have with him. This members of their communities. nied—because her son will have access bill would never have gotten to this Many parents and leaders in commu- to the health care and supports he point without his help and I whole- nities throughout the country have needs. heartedly thank him for his willingness worked long and hard and well to help This bill will change the life of Abby to work through his concerns with me. us reach this milestone. They are par- in Massachusetts, who is 6 years old The Family Opportunity Act will cover ents, family members, citizens, and ad- and has mental retardation. Her par- families up to 250 percent of the Fed- vocates. They are our friends, neigh- ents are very concerned about her fu- eral poverty level. This is less than bors and colleagues. They showed us ture. Already, she has been denied cov- coverage up to 600 percent of the Fed- how we are failing families with se- erage by two health insurance firms be- eral poverty level in my original bill. verely disabled children by not giving cause of the diagnosis of mental retar- Senator NICKLES and I have worked them access to the health care they dation. Without Medicaid, her parents over the years to reach this com- need to stay home and live in their would be bankrupted by her current promise. community and compelled us to act. medical bills. Now Abby and her family At Senator NICKLES request, lan- We have worked together for four long will have a fair opportunity to work guage has been added to this bill that years to develop this legislation and to and prosper. clearly conveys the intention of Sen- all of them I say, thank you for helping The Family Opportunity Act will ator KENNEDY and me that States who us to move this necessary legislation make health insurance coverage more choose the FOA optional eligibility forward. You have been fearless and widely available for children with sig- category will receive Medicaid match tireless warriors for justice. nificant disabilities, by giving families and not S–CHIP match for children When we think of disabled children opportunities to buy health care cov- covered under the Family Opportunity we tend to think of children who are erage through Medicaid. It will provide Act. The legislation before us allows disabled from birth. But fewer than 10 States with greater flexibility to en- States the option of having families el- percent of all children with disabilities able children with mental health dis- igible for FOA pay up to 7.5 percent of are born with their disabilities. A bicy- abilities to obtain the health services their income for their premium. These cle accident or a serious fall or a seri- they need in order to live at home and family contributions are affordable and ous illness can suddenly disable the in their communities. It will establish help to insure that children with dis- healthiest child. Currently, more than Family to Family Information Centers abilities have the access that they 9 percent of children in this country in each State to assist families in need. have significant disabilities. Many do meeting the unique health care needs Senator NICKLES expressed to me an- not have access to even the most basic of their disabled children. other concern. While States will have health services they need to maintain The passage of the Work Incentives the option to cover families above 250 their health status because their fami- Improvement Act in 1999 demonstrated percent of the Federal poverty level lies cannot afford to pay for them. To our commitment to give adults with with 100 percent State dollars, States obtain vital health services for their disabilities the right to lead inde- need to decide how they want to spend children, families are being forced to pendent and productive lives, without their dollars. They should also be become poor, stay poor, or to do the giving up their health care. It’s time aware that it is not the role of the Fed- unthinkable—put their children in in- for Congress to show the same commit- eral Government to help them when stitutions or even give up custody of ment to children with disabilities and times are financially tough. Last May, their children—all so their children can pass the Family Opportunity Act. the Congress provided States with $20 qualify for the health coverage avail- billion in State fiscal relief. Ten billion able under Medicaid. These families aren’t looking for a went directly to Medicaid to address In a survey of 20 States, families of hand out—just a helping hand. Today, the rising costs in Medicaid. Over 60 special needs children reported they the Senate will move one step closer to percent of the spending in Medicaid is have turned down jobs, turned down providing it to them. for optional services. The Family Op- raises, and turned down overtime—all Mr. GRASSLEY. Mr. President, I ask portunity Act is an optional service, so their child can stay eligible for Med- unanimous consent the substitute and as much as I want States to take icaid through the Social Security In- amendment at the desk be agreed to, up this Medicaid option for children come Program. The lack of adequate the committee-reported substitute as with disabilities, I want to let States health care in our country today con- amended be agreed to, the bill as know that they need to be responsible tinues to force these families into pov- amended be read a third time and when expanding their Medicaid pro- erty in order to obtain the care they passed, the motions to reconsider be grams in good and bad budget times. need for their disabled children. laid upon the table en bloc, and that Senator NICKLES and I have reached a The bill we are considering today any statements be printed in the good and fair compromise and I thank may be the most important legislation RECORD. him for traveling this long road with we pass this Congress. It will close the The PRESIDING OFFICER. Without me. As he can tell you, the Family Op- health care gap for the nation’s most objection, it is so ordered. portunity Act is one of my highest pri- vulnerable population, and enable fam- The amendment (No. 3119) was agreed orities. Over the past 4 years, I have ilies of disabled children to be equal to, as follows: worked closely with Senator KENNEDY partners in the American dream. It will In lieu of the matter proposed to be in- and Representative PETE SESSIONS to tear down artificial barriers to success serted, insert the following:

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4950 CONGRESSIONAL RECORD — SENATE May 6, 2004 SECTION 1. SHORT TITLE; AMENDMENTS TO SO- maining eligible for medical assistance SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC CIAL SECURITY ACT; TABLE OF CON- under subsection (a)(10)(A)(ii)(XIX) if the HOSPITAL SERVICES FOR INDIVID- TENTS. parent is determined eligible for such cov- UALS UNDER AGE 21 IN HOME OR (a) SHORT TITLE.—This Act may be cited as COMMUNITY-BASED SERVICES WAIV- erage and the employer contributes at least ERS. the ‘‘Family Opportunity Act of 2004’’ or the 50 percent of the total cost of annual pre- ‘‘Dylan Lee James Act’’. (a) IN GENERAL.—Section 1915(c) (42 U.S.C. miums for such coverage; and 1396n(c)) is amended— (b) AMENDMENTS TO SOCIAL SECURITY ‘‘(ii) if such coverage is obtained— ACT.—Except as otherwise specifically pro- (1) in paragraph (1)— ‘‘(I) subject to paragraph (2) of section (A) in the first sentence, by inserting ‘‘, or vided, whenever in this Act an amendment is 1916(h), reduce the premium imposed by the expressed in terms of an amendment to or re- would require inpatient psychiatric hospital State under that section in an amount that services for individuals under age 21,’’ after peal of a section or other provision, the ref- reasonably reflects the premium contribu- erence shall be considered to be made to that ‘‘intermediate care facility for the mentally tion made by the parent for private coverage retarded’’; and section or other provision of the Social Secu- on behalf of a child with a disability; and rity Act. (B) in the second sentence, by inserting ‘‘, ‘‘(II) treat such coverage as a third party or would require inpatient psychiatric hos- (c) TABLE OF CONTENTS.—The table of con- liability under subsection (a)(25). tents of this Act is as follows: pital services for individuals under age 21’’ ‘‘(B) In the case of a parent to which sub- before the period; Sec. 1. Short title; amendments to Social paragraph (A) applies, a State, subject to (2) in paragraph (2)(B), by striking ‘‘or Security Act; table of contents. paragraph (1)(C)(ii), may provide for pay- services in an intermediate care facility for Sec. 2. Opportunity for families of disabled ment of any portion of the annual premium the mentally retarded’’ each place it appears children to purchase medicaid for such family coverage that the parent is and inserting ‘‘services in an intermediate coverage for such children. required to pay. Any payments made by the care facility for the mentally retarded, or in- Sec. 3. Treatment of inpatient psychiatric State under this subparagraph shall be con- patient psychiatric hospital services for indi- hospital services for individuals sidered, for purposes of section 1903(a), to be viduals under age 21’’; under age 21 in home or com- payments for medical assistance.’’. (3) in paragraph (2)(C)— munity-based services waivers. Sec. 4. Development and support of family- (b) STATE OPTION TO IMPOSE INCOME-RE- (A) by inserting ‘‘, or who are determined to-family health information LATED PREMIUMS.—Section 1916 (42 U.S.C. to be likely to require inpatient psychiatric centers. 1396o) is amended— hospital services for individuals under age Sec. 5. Restoration of medicaid eligibility (1) in subsection (a), by striking ‘‘sub- 21,’’ after ‘‘, or intermediate care facility for for certain SSI beneficiaries. section (g)’’ and inserting ‘‘subsections (g) the mentally retarded’’; and (B) by striking ‘‘or services in an inter- SEC. 2. OPPORTUNITY FOR FAMILIES OF DIS- and (h)’’; and ABLED CHILDREN TO PURCHASE (2) by adding at the end the following new mediate care facility for the mentally re- MEDICAID COVERAGE FOR SUCH subsection: tarded’’ and inserting ‘‘services in an inter- CHILDREN. ‘‘(h)(1) With respect to disabled children mediate care facility for the mentally re- (a) STATE OPTION TO ALLOW FAMILIES OF provided medical assistance under section tarded, or inpatient psychiatric hospital DISABLED CHILDREN TO PURCHASE MEDICAID 1902(a)(10)(A)(ii)(XIX), subject to paragraph services for individuals under age 21’’; and COVERAGE FOR SUCH CHILDREN.— (2), a State may (in a uniform manner for (4) in paragraph (7)(A)— (1) IN GENERAL.—Section 1902 (42 U.S.C. such children) require the families of such (A) by inserting ‘‘or would require inpa- 1396a) is amended— children to pay monthly premiums set on a tient psychiatric hospital services for indi- (A) in subsection (a)(10)(A)(ii)— sliding scale based on family income. viduals under age 21,’’ after ‘‘intermediate (i) by striking ‘‘or’’ at the end of subclause ‘‘(2) A premium requirement imposed care facility for the mentally retarded,’’; and (XVII); under paragraph (1) may only apply to the (B) by inserting ‘‘or who would require in- (ii) by adding ‘‘or’’ at the end of subclause extent that— patient psychiatric hospital services for indi- (XVIII); and ‘‘(A) in the case of a disabled child de- viduals under age 21’’ before the period. (b) EFFECTIVE DATE.—The amendments (iii) by adding at the end the following new scribed in that paragraph whose family in- made by subsection (a) apply with respect to subclause: come does not exceed 250 percent of the pov- ‘‘(XIX) who are disabled children described medical assistance provided on or after Octo- erty line, the aggregate amount of such pre- ber 1, 2006. in subsection (cc)(1);’’; and mium and any premium that the parent is (B) by adding at the end the following new SEC. 4. DEVELOPMENT AND SUPPORT OF FAM- required to pay for family coverage under ILY-TO-FAMILY HEALTH INFORMA- subsection: section 1902(cc)(2)(A)(i) does not exceed 7.5 ‘‘(cc)(1) Individuals described in this para- TION CENTERS. percent of the family’s income; and Section 501 (42 U.S.C. 701) is amended by graph are individuals— ‘‘(B) the requirement is imposed consistent adding at the end the following new sub- ‘‘(A) who have not attained 18 years of age; with section 1902(cc)(2)(A)(ii)(I). section: ‘‘(B) who would be considered disabled ‘‘(3) A State shall not require prepayment ‘‘(c)(1)(A) For the purpose of enabling the under section 1614(a)(3)(C) but for having of a premium imposed pursuant to paragraph Secretary (through grants, contracts, or oth- earnings or deemed income or resources (as (1) and shall not terminate eligibility of a erwise) to provide for special projects of re- determined under title XVI for children) that child under section 1902(a)(10)(A)(ii)(XIX) for gional and national significance for the de- exceed the requirements for receipt of sup- medical assistance under this title on the velopment and support of family-to-family plemental security income benefits; and basis of failure to pay any such premium health information centers described in ‘‘(C) whose family income does not exceed until such failure continues for a period of paragraph (2)— such income level as the State establishes not less than 60 days from the date on which ‘‘(i) there is appropriated to the Secretary, and does not exceed— the premium became past due. The State out of any money in the Treasury not other- ‘‘(i) 250 percent of the poverty line (as de- may waive payment of any such premium in wise appropriated— fined in section 2110(c)(5)) applicable to a any case where the State determines that re- ‘‘(I) $3,000,000 for fiscal year 2006; family of the size involved; or quiring such payment would create an undue ‘‘(II) $4,000,000 for fiscal year 2007; and ‘‘(ii) such higher percent of such poverty hardship.’’. ‘‘(III) $5,000,000 for fiscal year 2008; and line as a State may establish, except that— ‘‘(ii) there is authorized to be appropriated (c) CONFORMING AMENDMENT.—Section ‘‘(I) any medical assistance provided to an to the Secretary, $5,000,000 for each of fiscal individual whose family income exceeds 250 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in the matter preceding subparagraph (A), by years 2009 and 2010. percent of such poverty line may only be ‘‘(B) Funds appropriated or authorized to inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after provided with State funds; and be appropriated under subparagraph (A) ‘‘1902(a)(10)(A)(ii)(XVIII),’’. ‘‘(II) no Federal financial participation shall— shall be provided under section 1903(a) for (d) RULE OF CONSTRUCTION.—Notwith- ‘‘(i) be in addition to amounts appropriated any medical assistance provided to such an standing any other provision of law, nothing under subsection (a) and retained under sec- individual.’’. in the amendments made by this section tion 502(a)(1) for the purpose of carrying out (2) INTERACTION WITH EMPLOYER-SPONSORED shall be construed as permitting the applica- activities described in subsection (a)(2); and FAMILY COVERAGE.—Section 1902(cc) (42 tion of the enhanced FMAP (as defined in ‘‘(ii) remain available until expended. U.S.C. 1396a(cc)), as added by paragraph section 2105(b) of the Social Security Act (42 ‘‘(2) The family-to-family health informa- (1)(B), is amended by adding at the end the U.S.C. 1397ee(b)) to expenditures that are at- tion centers described in this paragraph are following new paragraph: tributable to disabled children provided med- centers that— ‘‘(2)(A) If an employer of a parent of an in- ical assistance under section ‘‘(A) assist families of children with dis- dividual described in paragraph (1) offers 1902(a)(10)(A)(ii)(XIX) of such Act (42 U.S.C. abilities or special health care needs to family coverage under a group health plan 1396a(a)(10)(A)(ii)(XIX)) (as added by sub- make informed choices about health care in (as defined in section 2791(a) of the Public section (a) of this section). order to promote good treatment decisions, Health Service Act), the State shall— (e) EFFECTIVE DATE.—The amendments cost-effectiveness, and improved health out- ‘‘(i) require such parent to apply for, enroll made by this section shall apply to medical comes for such children; in, and pay premiums for, such coverage as a assistance for items and services furnished ‘‘(B) provide information regarding the condition of such parent’s child being or re- on or after October 1, 2006. health care needs of, and resources available

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4951 for, children with disabilities or special The legislative clerk read the nomi- litical legitimacy of the interim Iraqi health care needs; nation of John D. Negroponte, of New government, and take the American ‘‘(C) identify successful health delivery York, to be Ambassador Extraordinary face off of the occupation of Iraq. The models for such children; and Plenipotentiary of the United appointment of an ambassador who oc- ‘‘(D) develop with representatives of health cupies such a high and visible post un- care providers, managed care organizations, States of America to Iraq. health care purchasers, and appropriate The PRESIDING OFFICER. There is derscores for our coalition partners and State agencies a model for collaboration be- 51⁄2 hours equally divided. Who yields the Iraqis that the American commit- tween families of such children and health time? ment to Iraq is strong and we mean to professionals; The Senator from Indiana. succeed. ‘‘(E) provide training and guidance regard- Mr. LUGAR. Mr. President, I direct a In April, the Foreign Relations Com- ing caring for such children; parliamentary inquiry to the Chair. mittee held three hearings to examine ‘‘(F) conduct outreach activities to the Would the Chair describe at the outset whether American and Iraqi authori- families of such children, health profes- of this debate the unanimous consent ties are ready for the transition to sionals, schools, and other appropriate enti- agreement and the allocation of 51⁄2 Iraqi sovereignty on June 30. These ties and individuals; and hearings greatly advanced our under- ‘‘(G) are staffed by families of children hours of time? with disabilities or special health care needs The PRESIDING OFFICER. The 51⁄2 standing of the situation in Iraq and who have expertise in Federal and State pub- hours for debate is equally divided be- answered many questions. We will hold lic and private health care systems and tween the chairman and the ranking additional hearings this month to mon- health professionals. member of the committee. itor developments and to illuminate ‘‘(3) The Secretary shall develop family-to- Mr. LUGAR. Mr. President, I yield for the American people the challenges family health information centers described myself as much time as I require. and responsibility we face in Iraq. in paragraph (2) in accordance with the fol- The PRESIDING OFFICER. The Sen- The President and other leaders, in- lowing: ator is recognized. cluding Members of Congress, must ‘‘(A) With respect to fiscal year 2006, such communicate with the American peo- centers shall be developed in not less than 25 Mr. LUGAR. Mr. President, today the States. Senate considers the nomination of ple about our plan in Iraq. American ‘‘(B) With respect to fiscal year 2007, such Ambassador John Negroponte to be lives will continue to be at risk in Iraq, centers shall be developed in not less than 40 U.S. Ambassador to Iraq. This position and substantial American resources States. will clearly be one of the most con- will continue to be spent there for the ‘‘(C) With respect to fiscal year 2008, such sequential ambassadorships in Amer- foreseeable future. I am convinced that centers shall be developed in all States. ican history. The Ambassador to Iraq the confidence and commitment dem- ‘‘(4) The provisions of this title that are onstrated by the pronouncement of a applicable to the funds made available to the not only will be called upon to lead an estimated 1,700 embassy personnel— flexible but detailed plan for Iraq is Secretary under section 502(a)(1) apply in the necessary for our success, and such a same manner to funds made available to the 1,000 Americans from as many as 15 dif- Secretary under paragraph (1)(A). ferent agencies of our Federal Govern- plan would prove to our allies and to ‘‘(5) For purposes of this subsection, the ment, and 700 Iraqis—but he will also Iraqis that we have a strategy and we term ‘State’ means each of the 50 States and be the focal point of international ef- are committed to making it work. If the District of Columbia.’’. forts to secure and reconstruct Iraq we cannot provide this clarity, we risk SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY and to provide the developing Iraqi the loss of support of the American FOR CERTAIN SSI BENEFICIARIES. government with the opportunity to people, the loss of potential contribu- (a) IN GENERAL.—Section tions from our allies, and the disillu- 1902(a)(10)(A)(i)(II) (42 U.S.C. achieve responsible nationhood. American credibility in the world, sionment of Iraqis. 1396a(a)(10)(A)(i)(II)) is amended— During Foreign Relations Committee (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; progress in the war on terrorism, rela- hearings, I posed six detailed questions (2) by striking ‘‘) and’’ and inserting tionships with our allies, and the fu- as a way of fleshing out a plan for Iraq. ‘‘and’’; ture of the Middle East depend on a Answers to these questions would con- (3) by striking ‘‘section or who are’’ and in- positive outcome in Iraq. What happens stitute a coherent transition strategy. serting ‘‘section), (bb) who are’’; and there during the next 18 months almost (4) by inserting before the comma at the We discussed issues surrounding Am- end the following: ‘‘, or (cc) who are under 21 certainly will determine whether we bassador Brahimi’s efforts, the status years of age and with respect to whom sup- can begin to redirect the Middle East of American Armed Forces in Iraq after plemental security income benefits would be toward a more productive and peaceful the transition, the role of the U.N. Se- paid under title XVI if subparagraphs (A) and future beyond the grip of terrorist in- curity Council resolutions, plans for (B) of section 1611(c)(7) were applied without fluences. Helping the Iraqi people elections, the composition of the U.S. regard to the phrase ‘the first day of the achieve a secure, independent state is a month following’ ’’. Embassy, efforts to provide security vital United States national security for its personnel, and how we intend to (b) EFFECTIVE DATE.—The amendments priority that requires the highest level made by subsection (a) shall apply to med- pay for the continued U.S. involvement ical assistance for items and services fur- of national commitment. With so much in Iraq. nished on or after January 1, 2006. at stake, I am pleased the President Under Secretary of State Mark The committee amendment in the has nominated a veteran diplomat and Grossman testified about the reporting nature of a substitute, as amended, was manager to lead the American presence of engaging the interim Iraq govern- agreed to. in Iraq. ment as soon as it is selected. We can- The bill was ordered to be engrossed Ambassador John Negroponte has not simply turn on the lights in the for a third reading, was read the third served as U.S. Ambassador to Hon- Embassy on June 30 and expect every- time and passed. duras, to Mexico, and to the Phil- thing to go well. We must be rehears- ippines. He has also served as an As- f ing with Iraqi authorities and our coa- sistant Secretary of State and Deputy lition partners on how decisionmaking EXECUTIVE SESSION Assistant for National Security Affairs and administrative power will be dis- under President Ronald Reagan. He has tributed and exercised. been the U.S. Ambassador to the It is critical, therefore, that Ambas- NOMINATION OF JOHN D. United Nations since September 18, sador Negroponte and his team be in NEGROPONTE, OF NEW YORK, TO 2001, 7 days after the September 11 at- place at the earliest possible moment. BE AMBASSADOR EXTRAOR- tacks. The contacts and credibility he For this reason, the Foreign Relations DINARY AND PLENIPOTENTIARY has developed at the United Nations Committee made a bipartisan decision OF THE UNITED STATES OF will be invaluable. to take up Ambassador Negroponte’s AMERICA TO IRAQ If we are to be successful in Iraq, the nomination in an expedited fashion. The PRESIDING OFFICER. Under United Nations and the international Processing the diplomatic nomination the previous order, the Senate will pro- community must play a more central often requires weeks and sometimes ceed to executive session to consider role. The United Nations’ involvement months from the time the President the following nomination, which the can help us generate greater inter- announces it. Through the diligent ef- clerk will report. national participation, improve the po- forts of the State Department and our

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4952 CONGRESSIONAL RECORD — SENATE May 6, 2004 own committee staff on both sides of Ambassador Negroponte returned, in In our hearing, we also raised with the aisle, we accelerated the normal fact, from our public hearing before the Ambassador Negroponte the prob- timetable to give Ambassador Foreign Relations Committee to the ability of a U.N. Security Council reso- Negroponte and the administration a U.N. to consult with Ambassador lution that brings some certainty to chance to stand up the U.S. Embassy in Brahimi who was, in fact, making a these arrangements I have been de- Iraq as soon as possible. presentation before the Security Coun- scribing and does so at least in as time- I thank Senator JOE BIDEN and all cil that very afternoon. ly a way as possible. Clearly, Ambas- the members of the Foreign Relations Ambassador Brahimi is now in Iraq. sador Negroponte’s current duties—he Committee for their help in moving He is, once again, proceeding through has worked with colleagues on the Se- this nomination forward unanimously. consultation with Iraq authorities and curity Council—will be very important Ambassador Negroponte, with the others. He estimates around the 1st of in the careful drafting and execution of support of his family, has made an ex- June coming forward with those who that resolution. He believes it is impor- traordinary personal commitment to have been suggested by all parties to be tant, and so do members of our com- undertake this difficult assignment. the interim government: Apparently, mittee. Our Nation is fortunate that a leader of 29 persons, including a Prime Minister, Likewise, we would like to see his stature and experience is willing to a President, two Vice Presidents, 25 worked out, although this may not be step forward. The Senate must do our members of the consulting counsel. possible, after July 1, the greatest pos- part by supporting his efforts with the It is very important, and we asked sible certainty about the status of our necessary attention and resources by Ambassador Negroponte about this forces and the forces of other foreign allowing him to take his post as soon issue, that Ambassador Negroponte and countries that are a part of the coali- as possible. those who he is going to have with I am grateful to the leaders on both tion in Iraq—that issue is not at all a him—he has mentioned a DCM, Mr. certainty—and precisely who is com- sides of the aisle for allowing us to Jeffrey, probably onboard within the commence this debate this morning. petent, given the governance situation next 10 days in Baghdad—be in con- to give it is still an open question, but I add that Ambassador Negroponte’s sultation with the 29 members, if they appearance before the Foreign Rela- it is a question that must be resolved. prove to be acceptable to the Iraqis and That is why we have laid it on the tions Committee—that led to a busi- to other parties involved because, in ness meeting and the unanimous vote table as a part of our confirmation pro- addition to conversations between our ceeding with Ambassador Negroponte. 19 to 0 on behalf of this nomination— Ambassador and the chain of com- was very important in terms of We have asked the Ambassador, like- mand, there will need to be intensive fleshing out the plan I mentioned in wise, about his enthusiasm for this consultation with the Iraqi leadership this comment. post. I simply want to say, as I have in We specifically asked Ambassador to which this measure of sovereignty is my earlier comments, we admire his Negroponte questions regarding what to be extended beginning July 1. ability to take hold on fairly short no- On security issues and likewise on could be very difficult conversations tice of such a momentous responsi- political issues, Ambassador Negro- even within our own Government—spe- bility. He is a professional in every ponte understands the Iraqi officials cifically, a chain of command with the sense of the word, a man of great expe- will believe, correctly, that the gov- Ambassador, the Embassy, with the rience. ernors of Iraq have Iraqi constituents, thousand Americans from 12 to 15 agen- The committee was mindful from that on their part, as described in our cies, as submitted in Under Secretary previous confirmation hearings on Am- hearing, there could be a certain Mark Grossman’s testimony, that bassador Negroponte that questions amount of push-back from time to time these people coordinate the chain of have been raised about his tenure in by what they think are American command responsible for security in Honduras. There have been, at the time measures or decisions that are not Iraq, the chain of command going from of his U.N. confirmation, those ques- wise, in their judgment, for either the the President of the United States as tions and others, at least, that mem- security or the politics or the economy Commander in Chief through the Sec- bers had. retary of Defense and through the Pen- of Iraq. Accommodating these three channels I mention this because this has not tagon, through General Abizaid and always been smooth sailing with regard General Sanchez presently on the of thought requires what I describe as a time for rehearsal during June. Be- to these confirmation proceedings, nor ground in command in Iraq. We asked should it be. Our members take very specifically: What if there are disagree- fore the curtain opens July 1, it is ex- tremely important that all of these seriously what happens in various ments or differences of judgment as to countries during the tenure of Ambas- how the security functions ought to parties have had intensive conversa- tions, because the success demands—at sadorships or what has been taking proceed, given political considerations, place at the United Nations during the given international considerations that least of the Iraqi transition govern- ment, working with Ambassador current responsibilities of Ambassador Ambassador Negroponte, if confirmed, Negroponte. would bring to the fore? These are Brahimi and other U.N. officials on the The committee also is mindful sim- issues that can only be worked out in plans for elections now estimated to ply of the hazards, the dangers, the po- the field. But it is important to raise occur anytime from the end of Decem- litical and security difficulties, that the issues now. ber of this year to January of calendar Our current CPA Director, Ambas- 2005—those preparations go smoothly. will attend not only our Ambassador sador Jerry Bremmer, understands this These elections are the basis that but all of our American personnel who situation very specifically. He told me many Iraqis have suggested provide le- may be proceeding to set up the largest in a telephone conversation yesterday gitimacy for some Iraqis then to pro- embassy we have had in any country at that he has been visiting with General ceed to build a constitution and a any time, in a very short period of Abizaid and General Sanchez specifi- structure for governance of the coun- time, in which responsibilities have to cally on these issues. try while security is provided by Amer- be carefully defined. It is important for Ambassador icans, by other coalition members, and I am pleased a great number of brave Negroponte to be confirmed, to be a increasingly, apparently by the Iraqis Americans have, in fact, stepped for- part of this conversation at the earliest themselves, and as the vetting of those ward and volunteered for positions in possible moment. who were previously in the army takes the American Embassy complex, not Ambassador Negroponte responded to place, the continuing training of police only as a part of the State Department our questioning by pointing out that he so not only numbers are increased but contingent, but from the other agen- will physically be in New York during equally important the quality of serv- cies that will be represented. That is many days of this month because of his ice and, therefore, the possibility for a the spirit with which Ambassador responsibilities as our Ambassador to security situation that involves Iraqis Negroponte approaches this responsi- the U.N. and that is a very important and the expertise they may bring to bility. I find it not only admirable but and pivotal position in the Iraq plan- that, well coordinated with the mili- very fulfilling to see and to witness ning. tary figures we have onboard now. this kind of responsiveness on his part.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4953 Therefore, it is a privilege to com- As complicated as Iraq seems, in one August and September the year before mence this debate, indicating the na- sense it is fairly simple. We have three we went to war, in innumerable speech- ture of our hearing and the nature of basic options as a nation. One, we can es and presentations on the Senate other hearings we have had on Ambas- continue to try to seek the objective I floor and other places since we went to sador Negroponte in the past and our have stated, or even a broader objec- war, whether if had every single thing observation of his conduct and his tive of liberal democratization on the that I and others had suggested been achievements as an American public western model as some in the adminis- done, I could guarantee the American servant over the years. I believe the tration state, by ourselves in the hope public I am certain we would succeed. record is very complete on those that more of the same of we have been This is an incredible undertaking. achievements and on his qualifications. prescribing will bring about success. There has been no time in the history I am most hopeful during the course of Or we can conclude—as some have in of the modern nation state where what the day our debate will do much to this body, although they have refrained we are attempting to do in that region boost the prospects for his success and from stating it; as some have in the of the world has succeeded. will lead to a favorable vote of con- American public, and they have stated As I said to Ambassador Bremer, firmation for him. it; and as some serious press people and when Mr. Talwar and I were there a few I thank the Chair and yield the floor. political pundits and think-tank types months after Saddam fell: ‘‘Mr. Ambas- The PRESIDING OFFICER (Mr. GRA- have—that this is not doable, meaning sador, I want you to understand that I HAM of South Carolina). The Senator the objective I stated, and that we believe if the Lord Almighty came from Delaware. should figure out how, as rapidly as down and gave you the absolute correct Mr. BIDEN. Mr. President, I rise to possible, to leave Iraq before it im- answer to the first 20 major decisions speak to the Negroponte nomination. plodes. you have to make, you still only have Let me begin where I end up: I think There is a third option, which seems a 65 percent of getting this right.’’ we owe Ambassador Negroponte and to me the only rational option, not- I want to make clear, I understand his wife Diana, quite frankly, a debt of withstanding the fact that the degree this is a difficult deal. I understand gratitude. It takes political courage, of difficulty has increased; and that is, that mistakes would be made no mat- physical courage, and moral courage to we can get the Iraqi people more en- ter who had been President, no matter take on this assignment. I cannot gaged and the world’s major powers to who had been in charge. But I do think think in my years in the Senate of a help us invest in helping the Iraqi peo- we put ourselves in a position where we circumstance where we have placed an ple accomplish the goal of self-govern- started off this occupation having individual into a position where the de- ment. Nothing, in my view, from this made three very fundamental mistakes gree of difficulty in accomplishing his point on will be easy—nothing. Not a that have to be corrected. mission has been as high and the single aspect of this undertaking will One, we can correct. I believe the ad- stakes as profound as Ambassador be easy. ministration significantly exaggerated Negroponte is being positioned now. The chairman and I, from different the imminence of the threat posed by It is unusual, in all my years here of perspectives, independently have been Saddam, thereby squandering an oppor- speaking to and voting on the Ambas- characterized as critics of administra- tunity to build the international con- sadorships and positions of the State tion policy. We both voted for this. We sensus we needed, not to win the war Department, for me to start off by both, in differing degrees, but I think but secure the peace. Committee re- thanking the nominee for being willing on balance in agreement, laid out—this ports we wrote, Democrats and Repub- to take on this responsibility. is not 20/20 hindsight—how difficult we Although the circumstance we find licans in the committee, repeatedly thought the task would be before we ourselves in in Iraq, I think, is still re- started off saying: We do not need went in, and the predicates that should deemable, the degree of difficulty in international help to win the war, but have been laid down to increase the accomplishing our mission has been it will be essential in winning the made extraordinarily more difficult by prospects of success before we went in, peace. As a consequence of the exaggeration the events of the past year and particu- and have independently, together and larly by the revelations of the past sev- with others, from the moment we went of the threat in terms of how imminent eral days. in, met privately, publicly, within the it was, we squandered the opportunity Let me define at the outset once committee and through our personal to isolate the French and the Germans, again—and I apologize to my friend and relationship, with administration offi- who I believe were taking advantage of my chairman for having to hear me say cials and others, argued for a different President Bush’s misstatements and/or this again and again and again and approach or a ratcheting up of the ef- mistakes—unfairly taking advantage. again and again—what I would consider fort in Iraq in a way that could and We lost and squandered the oppor- to constitute success, what our mission would allow for legitimacy for what- tunity to isolate them and, as a con- is. For me—and I have said this from ever government came forward and sequence of that, at the same time to before we went in, and consistently more security on the ground. Because generate much broader international since then—it is leaving the Iraqi peo- security is a precondition, in my view, support so when we did go, there was a ple with a representative government for getting the Iraqi people into a posi- genuine coalition; that there was more of their choosing that is secure within tion where they are willing to take the legitimacy for the undertaking from its own borders and poses no threat to risk—and there will be risk—of raising the outset. its neighbors and does not possess or their heads in an effort to form a gov- The second serious mistake we made seek to possess weapons of mass de- ernment that is not an Iranian model is going in with too few forces, squan- struction or harbor terrorists. That is and not a strongman model. dering the opportunity to wipe out the difficult but doable. It is my hope that This has been made more difficult by Republican Guard, to prevent looting if we are able to help the Iraqi people the fact that, in my view—speaking for and street crime, to secure nearly 1 accomplish that, in time they could myself only—we have squandered every million tons of weapons that are now build political and economic institu- opportunity since the statue of Saddam being used against our troops that were tions that we would recognize as a lib- was pulled down by ropes. Since that left in open depots, to avoid a security eral democracy. But I want to make it moment we have squandered every vacuum that is now being filled by clear what I believe the test of success major opportunity we have had to get common criminals, insurgents and or failure is. this endeavor on the right track. I rogue militias, and outside ‘‘foreign Unfortunately, the Negroponte nomi- want to make clear for anyone who is fighters.’’ It was not as if this was not nation has been swamped by the debate listening that an incredibly large dose a topic of debate before we went. The and the crisis we now face in Iraq and of humility is in order for anyone who way we treated and approached the in the Middle East. So it is necessary stands and suggests that they know the Turks when we wanted the 4th ID to to talk about the policy in Iraq more answer in Iraq. I am not suggesting come through, the arrogance of sug- than about the personality of the indi- that I know with any degree of cer- gesting that we didn’t need that, we vidual we are about to put in place to tainty whether the prescription that I could still move anyway. What would carry out American policy. and others laid out in detail in July, be the status, I ask my friend from

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4954 CONGRESSIONAL RECORD — SENATE May 6, 2004 Connecticut, of the Sunni triangle, had ernment that poses no threat to its sounds to us, they are doubtful of our the 4th ID come down from the north neighbors, does not possess weapons of commitment. Are we going to stay? So through the Kurdish area into the tri- mass destruction, or cradle terrorists. I think we need more forces. angle? To find our way from here, it seems Do I expect any Delawarean listening Can I guarantee it would have been to me we have to go back to first prin- to this to be happy with me saying crushed? No. Can I say with certainty ciples. I think one of those first prin- that? No, not one. Am I frustrated that we would be better off than we are ciples is that we cannot want freedom the failure to have the forces we rec- now? Yes. We went with too little for the Iraqi people more than they ommended, that General Shinseki rec- force, too little power. want it. My premise has been—and it is ommended, and others recommended That brings us to the third funda- beginning to evaporate—that the vast but was not followed puts me in the po- mental mistake we made—and I say silent majority of Iraqis want freedom. sition of being the guy calling for more this not to criticize but to set up what They want a representative govern- forces? Purely personally, it makes me I think we have to do from this point ment, but they have been brutalized for angry that I am in the spot of having on. If we can’t determine individually three decades and they have learned to to be the one to deliver bad news to or collectively what the mistakes were keep their heads down, not merely as a folks at home, as if this is my idea. But that put us in this position, how in the consequence of the despot who ruled the fact is, no matter what we say, in devil are we going to get to the right them, but also because of a sense that my view, security requires more force. decision now, if there is one? The third the outside world won’t stick with It is going to require more sacrifice fundamental mistake in getting this them. So they are keeping a pretty low from the middle class and the poor. We right was, we went in with too little le- profile. Consequently, the ‘‘insurgents’’ have to do a much better job of sharing gitimacy. Not only didn’t we have the and others are the face of Iraq, in many the burden here. I want to warn every- rest of the world with us, we decided cases right now. body now. I am going to vote for more for some reason unknown to me—and I The second part of the first principle money for Iraq, but I will introduce my don’t want to bash anybody—that is that we have to create a condition amendment again, that people who are Ahmed Chalabi and the expatriates on the ground which will let them raise willing and able to pay for it now—pay were the answer to legitimacy, and their heads above the crowd and begin for it, us, and not hand the bill to my that initially General Garner, on the to take charge of their own country. granddaughters. I will get back to that one hand, and Chalabi on the other, The most important condition, in my at another time. The second thing in terms of security would move along very quickly. view—so you understand where I am As a consequence, we squandered the coming from—the necessary pre- that we have to do is get a buy-in from opportunity to generate wider support condition for that is security in the the world’s major powers. It is going to be years before Iraq can handle their inside Iraq and in the Arab world and neighborhood, security in the streets, own security. But we cannot sustain among the major powers. security so you can send your daughter Now I have to add to the list of seri- from your home to the corner store to the effort on our own for years. We are ous mistakes that were made these pick up sundries needed for the meal. providing nearly 90 percent of the horribly degrading abuses of jailed That is the overwhelming majority of troops, taking 90 percent of the non- Iraqi casualties, and spending the bulk Iraqis that have made the problem ex- Iraqis, in the personal experience of all of the reconstruction costs. Our troops ponentially worse. I don’t pretend to be of us who have been there, as well as have to be bolstered with troops from an expert on Islam. I don’t pretend to what the polling data shows. NATO, from India and Pakistan, and be an expert in terms of the culture in So that raises a very difficult ques- tion: How could we create security or a from the region. the Arab world. Am I suggesting to you that I am But I, like my chairman, have gone condition for security? There is no sin- naive enough to think we can do it in out and tried to hire for my staff seri- gle step, in my view, that we can take. a big way now? No. But I have done the There is a coordinated series of steps ous experts. I have, as he has and my homework we have all done. I have spo- that would move us toward real secu- friend from Connecticut has and my ken with our Supreme Allied Com- rity in Iraq for the purpose of letting friend from New Mexico has—we have, mander; I have gone to NATO; I have the Iraqis begin to work out their own over the last couple of years, sought sat down with these generals. This is governmental circumstances. The first out the most informed voices in this what they tell me. country about Islam, about the Arab is very unpopular. As my Democratic Immediately, if there is a consensus culture. I went so far, 21⁄2 years or 3 friends here can tell you, when I raise among our NATO allies, we could get years ago, as to go to Harvard and hire it in the caucus, it is not very popular. somewhere between as few as 3,000 and a professor whose expertise is Islam, One is more American troops now. as many as 7,000 NATO troops. Imme- because I was aware of how little I I have, as you have, surveyed not diately they could take over the border knew about the 1.2 billion Muslims in only the existing military force and patrol. Immediately they could take the world. generals, but I have been in contact re- over what is left in the north, although One of the fairly clear conclusions I cently with a total of seven former we depleted many of our forces in the have arrived at, which is no revelation CENTCOM commanders, supreme al- north in the Kurdish area, and/or co- to anyone, is that, as horrible as this lied commanders, and/or generals in ordinate the Polish division in the sounds, we probably would have done charge of the distribution of our forces south, freeing up American forces that less damage to our image and our legit- for the Joint Chiefs of Staff over the are now doing those functions. imacy and our motive had the Iraqi last several years. There is an abso- Why is that important? You say: prisoners been shot, like Saddam and lutely common thread they all have. BIDEN, out of 150,000, 160,000 folks, an- other despots in that region do, than to They have differences as to how many other 3,000, 4,000, 5,000, 6,000 troops are have forced them, in some cir- troops we could garner quickly and not going to make much difference cumstances at least, to engage in de- from where we could get them. But here. I argue it makes a significant dif- grading, sexually embarrassing, they all agree on several things. We ference in the buy-in of the major pow- humiliating positions. need more troops, if only for troop pro- ers in the world. That, in turn, would If I am not mistaken, a picture I saw tection. We clearly need more troops, open the door for an appropriate reso- in the paper today was of a naked Iraqi as well, to begin to create the environ- lution authorizing—this from the U.N., prisoner with a leash around his neck. ment of greater security on the ground. not U.N. blue helmets—an authoriza- There are certain things that certain These generals also tell me—these are tion for NATO forces. I believe that cultures take on as a degree of gravity four-star folks, people who have run would bring in, with a lot of diplomacy and depravity that don’t occur in other these shows—that we need to dem- and Presidential leadership, significant communities. onstrate our resolve to our NATO numbers of troops from India, Paki- So now these mistakes have com- friends, European friends, Arab friends, stan, Bangladesh, and from the region. plicated our mission and, I believe, Pakistani friends, all of whom have the But it is a process. genuinely jeopardized our objective: a capacity to help us in one form or an- I do not know what the folks in stable Iraq, with a representative gov- other in this. But as strange as it South Carolina are saying, but I know

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4955 what they are saying in Delaware: ‘‘I place between June 30 and elections Why would other countries join what ain’t doing this alone, JOE.’’ And they being held in January, and call for and looks like a lost cause they did not know if NATO is in, the prestige of the authorize a multinational security support in the first place? It is a rea- major powers is on the line, as well as force under NATO command and U.S. sonable question to ask. For one simple ours, to stay the course. leadership to be the vehicle that pro- reason: It is in their naked self-inter- Our troops have to be bolstered and vides the security. est. For Europeans, Iraq’s failure en- NATO and the surrounding Arab coun- Then, as a final step, I think this dangers the security of their oil supply. tries must be convinced to take on the group—call it a new contact group— They get a significantly higher per- urgent responsibility of training Iraqi should go to the U.N. and seek a secu- centage of their oil from the region armed forces and police. rity council blessing for this agree- than we do. It is in their interest be- I might add, the Germans and the ment. cause they have large Muslim popu- French offered that right after I have no illusions about the U.N. lations that could be radicalized. It is Saddam’s statue fell if, in fact, we were being able to bring anything special to in their interest because of the threat- willing to get authorization for that Iraq, but its blessing is necessary to ening destabilization of refugee flows from the U.N. provide political cover to leaders whose that would be created if a civil war The neighboring Arab countries are people oppose the war and who will breaks out. It is in their interest be- fully capable of training some of these now be asked to sacrifice to build the cause it is their front yard, and we may forces. Clearly, the Europeans have peace. To paraphrase George Will, it be creating a new, huge source of ter- even greater experience in training po- may be a necessary mask to hide the rorism if the result is not a civil elec- lice forces, all of which are urgently American face. And George Will is no tion, but a civil war. needed. fan of the U.N. For Iraq’s neighbors, a civil war in Many say this cannot be done. I know Simultaneously, the President should Iraq would draw them in—i.e., the from the very serious people in the be going to NATO. NATO cannot take Kurds, the Turks, the Iranians. It press, they look at me and privately it on right away, and I will not go back would put moderates in the region on say to me: Senator, great idea, too through this again, but it can do a lot. the shelf for another generation. It late, man; get real. What can really be It would free up, I am told, as many as would put radicals in the driver’s seat, done? 20,000 American troops, open the door and I think it would threaten the very Look, the President does not collect to participation by countries such as survival of the regimes in Jordan, his paycheck—no President collects his India and Pakistan, and send an impor- Egypt, and Saudi Arabia. paycheck—by managing. He gets paid tant message to the American people Would what I am suggesting be dif- to lead. that we are not bearing the security ficult to achieve? You bet. The bar has We had before our committee two burden in Iraq virtually alone. been raised here. The degree of dif- men I have high regard for, Mark By the way, when I go home, the peo- ficulty is exponentially greater. Will it Grossman from the State Department ple say to me: Well, the Brits are with guarantee success? No. But I know of and Peter Rodman from the Defense us, JOE? Americans do not know there no other alternative than to try. Department. I asked Secretary Rod- are only 7,500 Brits there, God bless In light of all the mistakes we made, man what we’re doing to get NATO to them, in all their bravery—7,500. We no one can guarantee success, but if we participate. He said, and I’m para- have, what, 160,000 Americans in the re- do not do this, I think success will, in phrasing here: We have already asked, gion? As JOHN KERRY suggested, it fact, be near impossible. which is mildly disingenuous. I do not seems to me we should also make the If the President does do all of what know anybody who has been here very training of Iraqi security forces a much we are talking about, it is not going to long who can name for me anything, more urgent mission than we have thus be enough to put us on the path to suc- other than declaring article V invoked, far but we must understand it will take cess given the revelations of this week, that NATO has done spontaneously time and that it needs to be done right. the abuse of Iraqi prisoners. As I said without U.S. leadership without a spe- When I was in Iraq last summer, our before, no single act I can think of, cific plan being brought to NATO, sold specialists told me it would take five other than maybe the bombing of the to NATO, and negotiating with NATO years to recruit and train a police force holiest shrines in Najaf loaded with pil- in Brussels through Presidential lead- of 75,000 and three years to recruit and grims, could have been worse for Amer- ership. The President has to commit to train an army of 40,000. Instead, the ica’s image than what has happened, sell this. Administration rushed 150,000 Iraqis notwithstanding the fact that it does Going to the U.N. is necessary, but it into uniform with minimal vetting and not represent American troops, it does is not sufficient. Let’s not get into this training. When trouble came, many not represent American values, it does sort of ideological war that has taken abandoned their posts. not represent what the American peo- place in the 30 years I have been here Here, too, other countries could play ple believe needs be done. about the U.N. The President has to a potentially decisive role. For exam- The facts are appalling and so is the win support of key countries first be- ple, the Europeans have greater exper- symbolism. Ironically, the abuses took fore he goes to the U.N., or before tise than we do in training police. Even place in the same prison that Saddam someone goes to the U.N., and then the the French told me that under the made himself famous for his torture of U.N. has to engage a Security Council right conditions they would be willing his opponents. As a result, I am con- resolution to give those major coun- to train Iraqi police. Our friends in the cerned that even if we do everything I tries the political justification for region, including Jordan, Egypt, and just outlined in which several of us going to their constituencies and say- Morocco, could host training sessions have been advocating for months, we ing: I want to get in a deal you didn’t for Iraqi police, border security forces, will not be able to muddle through the want me in, in the first place; it looks and the military. They could, in fact, so-called transition of sovereignty on like it is going bad now, but is nec- take American-trained Arab officers June 30 and then the elections next essary for our security—ours, meaning from Morocco, Egypt, and Jordan and year. The revelations have so damaged France, England, Germany, wherever, embed them with Iraqi forces in Iraq our prospects of success that I believe any country. now, a la Fallujah. the only way to recover is to do some- The President should immediately, in There are a lot of specific ideas I will thing equally dramatic in a positive my view, in light of the recent revela- not bore my colleagues with now that sense. I think we need to make this tions convene a summit of the major are not new to me. I am getting these less about us and more about the Iraqi powers with the most at stake in Iraq, from serious people who have run the people. including those from the Arab world. show in that region of the world, mili- The Iraqi people are going to wake up The objectives for this group should be tary forces. But by doing this, it seems on July 1 and still see 140,000 American to endorse the Brahimi plan for a care- to me, we can significantly speed up troops out their window, patrols going taker government, propose a senior the day when the Iraqis can provide by in Humvees at 40 miles an hour. international figure to referee the po- their own security and Americans can They will still lack security and they litical disputes that are going to take come home. will still be seething about the abuse of

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4956 CONGRESSIONAL RECORD — SENATE May 6, 2004 the prison scandal. And they will con- Shi’a south, it is a gamble, but it is forward apology to the Iraqi people. I tinue to blame us for everything that better than an even chance that mod- hope this Senate, in the resolution the has gone wrong in the country. erate Shi’a would emerge if given an leadership of Republican and Demo- I ask any of my colleagues who are opportunity for elections, and they cratic leaders is drafting for consider- listening whether there is any possi- would finally use their power and influ- ation in the Senate on this issue will bility, no matter what the interim gov- ence to defeat Sadr and other radicals contain that kind of straightforward ernment is, that they will be able to, among them. apology to the Iraqi people. I think even if they want to, vote to keep The U.N. has a team in place now to that is an appropriate message for all American forces in their country after prepare for elections in January. Let’s of us to embrace. July 1, when they are ostensibly in speak with Brahimi and see if we can Much needs to be done in order to charge? Even as we move to increase speed up that process and make elec- correct the situation that has oc- security and bring the rest of the world tions the next step in the transition curred. I suggest one starting point in, there are four things we have to do plan. would be the following. right away, and I will end with this. I realize this is a fairly radical pro- First, a full accounting about who we First, we should today announce that posal, but I believe we need a fairly have detained and what the adminis- the Red Crescent, the Red Cross, the radical proposal. This should focus on tration plan has been and is for these international community, should be what the Iraqi people need now, and we detainees; not just in Iraq but in Af- able to come into every prison in Iraq, should demonstrate that everything in ghanistan, in Guantanamo, wherever open them up and put the international our mission is to turn this over as rap- our military is detaining foreigners, we community permanently in the prisons idly and clearly as possible. need to come clean about what our in- as observers. I close with this one rhetorical ques- tentions are and what actions we have Second, we have to establish a cred- tion: The chairman of the Foreign Re- taken. ible, independent investigation of the lations Committee has been pointing Second, as to all detainees, we need abuses and go as high in the command out, what about the conundrum when to fully comply with the Geneva Con- chain as the facts lead us and demand the interim government is appointed vention. That means providing each of accountability. and it concludes we should not be send- them an opportunity for a hearing, an Third, we should close the Abu ing troops to Fallujah? I think there is opportunity to argue to someone they Ghraib prison, work with the Iraqi peo- a more basic question than that. What are improperly being detained. As to ple on a plan to destroy it or convert it happens now that 70 percent of the detainees who are not a threat to our to a monument. We cannot do that pre- Iraqi people now think we should get troops or to our national interests and cipitously because we need to build out? By the time this prison scandal is about whom we do not have evidence of other facilities to house 5,000 prisoners. over, it is going to be 90 percent. What criminal activity, we need to release Possibly we should do as was rec- happens when we appoint the new Iraqi those detainees. Obviously, if they pose ommended by the State Department government and give it partial sov- and release a significant number of a threat to U.S. forces or a threat to ereignty and right out of the box they U.S. interests, then they should be those prisoners who, according to some say, Get out of Dodge? in the State Department, need not be charged and they should be prosecuted. We better do something quickly or But if they pose no such threat, they detained in the first place. Negroponte’s Herculean efforts are Fourthly, and this is the most con- should be released. likely to be for naught. According to the morning paper, the troversial thing I suspect I am going to I yield the floor. say in the minds of my colleagues, in President has privately chided the Sec- The PRESIDING OFFICER. The Sen- retary of Defense. This is an unusual coordination with the Brahimi plan, we ator from New Mexico. should hold snap elections now, ideally way to conduct business here in Wash- Mr. BINGAMAN. Mr. President, I ington, but I am never surprised any- early this summer, to create the equiv- support the nomination of Ambassador alent of a loya jirga where on a com- more about how business is conducted. Negroponte. He is assuming an ex- I heard the statement on the news that munity level across Iraq they will hold tremely difficult position. I wish him down and dirty elections to elect those the President was standing behind the well in this new position, and I com- Secretary of Defense. Then I opened who will write this new constitution. mend him for his willingness to take it I want to see pictures and debates the paper this morning and it said a on, quite frankly. senior White House official said the about whether people are getting shot One of the most difficult problems he President has privately admonished going to the polls, scrambling going to will face is how we correct the percep- the Secretary of Defense; that: the polls, arguing about whether the tions and the reality that have come to election is free or not. I want this light with regard to abuse and humilia- . . . Bush is ‘‘not satisfied’’ and ‘‘not happy’’ with the way that Rumsfeld informed him about the Iraqi people. tion of prisoners in Iraq. I want to say This election will be far from perfect, about the investigation into the abuses of a few words about that issue today as U.S. soldiers at Baghdad’s Abu Ghraib prison but they could use their oil-for-food ra- well. tion cards as proof of registration and or the quantity of information that Rums- I congratulate and commend BG feld provided, the senior White House official get on with it quickly as part of the Mark Kimmitt for the statement he said. transition that is already envisioned made yesterday at a press briefing in Then it goes on to point out the sen- for the total free election in November Baghdad. He gave what I consider to be ior White House official did: of 2006 of an actual government. a straightforward, unambiguous apol- The Iraqis would elect government . . . refuse to be named, so that he could ogy to the Iraqi people for what has oc- representatives at a local level who speak more candidly. curred. In my view, that is the message would come together, as I said, the As I say, I am always amazed by the that all of us in positions of responsi- equivalent of a loya jirga. goings on in our Government. But I am bility should be conveying to the Iraqi Until now, I believed that, provided glad to see the President shares some people on this issue. His statement was the caretaker government was selected of the frustration I and many of us as follows: by a respected international figure here in Congress have had about the with buy-in from the Iraqis, not the My Army’s been embarrassed by this. My lack of full information, the lack of Army’s been shamed by this. And on behalf U.S., it would pass the legitimacy test. adequate knowledge about what is of my Army, I apologize for what those sol- going on. In order to remedy the situa- In the wake of the prison incident, I do diers did to your citizens. It was reprehen- not think that is possible. sible and it was unacceptable. And it is more tion, I recommend the President start The big obstacle would be security, than just words, that we have to take those by demanding a quick and a full re- especially in the Sunni triangle. And words into action and ensure that never hap- sponse to the following questions: How there is the certain prospect that some pens again. And we will make a full-faith ef- many people have we detained in Iraq, people will be elected that we will not fort to ensure that never happens again. in Afghanistan, and in other parts of like. Frankly, I regret the President did the world? Who have we detained? Who But the vast bulk of the country not use his opportunity in his inter- have we taken into custody? How many could handle elections now. In the views to make the same straight- of them are still in custody, and to

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4957 those who are not still in custody, going back now apparently as late as is not who we are. This is not what we what has happened to them? last November, indicate a very serious stand for. We are a nation of laws. That There is a report that there are in- problem. But before getting into the is what we have stated over and over vestigations about 25 deaths that have details of that, speaking for myself— again. occurred among detainees in Iraq. and I am quite confident that I speak A few moments ago, my colleague Where are these prisoners being de- for my colleagues here, and others—it from New Mexico and I were having a tained? Where in Iraq are they being is very clear that while this is a serious conversation about these abuses. He detained? Which prisons? How many in problem, the overwhelming majority of eloquently pointed out that our Con- each prison? Where in Afghanistan are the more than 130,000 American men stitution is based on the fundamental they being detained? Which prisons? and women in uniform who are oper- concept and idea that it is not just Where are they located? How long have ating in Iraq are good, decent and car- what we do, but how we do things. The these detainees been in custody? How ing people, who would never allow this founders of this country could have set many have been charged with crimes? kind of activity to occur on their up any kind of a system. But they Are we intending to charge these de- watch. So I want to begin by thanking picked a system that in many ways is tainees with crimes? If not, what are them. This is a very difficult service terribly inefficient. That is because we intending with regard to these de- they are engaged in. they wanted to make sure not only tainees? Certainly those who are responsible that we would do the right thing, but What is our position regarding our for these acts and those who condoned that we do it the right way—that the obligations under the Geneva Conven- or allowed them to happen need to be ends do not justify the means; the tion with regard to military detainees, brought to a bar of justice as soon as means are also important. with regard to civilian detainees? How possible. It is why a generation ago when there can we justify continued detention of But I think it would be a mistake if were trials to prosecute those who were people in each of these categories? we allowed our disgust with these guilty of the crimes committed by the Another set of questions I believe the abuses to somehow cause those who are Nazi regime, every single one of those President should insist upon answers in uniform, serving in Iraq today, to defendants at Nuremberg had a lawyer to, is what has happened to any pris- believe that there is any feeling here and had the right to present evidence. oners we have transferred to third that this is an indictment of all of Some people suggested that those on countries? How many captives have we them. It certainly is not. trial in Nuremberg ought to be sum- in fact turned over to other countries Let me be clear—my disagreements marily executed—that they shouldn’t for questioning? Which countries? with U.S. policy and how this whole have a trial. After all, these were Pakistan? Israel? Other nations? What matter of Iraq has been handled, as dreadful human beings who committed are the policies and practices of those well as the actions of what seem to be dreadful and unspeakable crimes. But countries with regard to torture of only a few, in no way diminish my ad- cooler heads and wiser heads prevailed prisoners and treatment of prisoners? miration and respect for those in uni- and asserted that there is a huge dif- Have they been afforded their Geneva form who are serving in Iraq or any- ference between Western civilization Convention rights in those countries? where else. and the Nazis, not the least of which is What is the status of those prisoners However, these reports of abuses are that we do things differently. And by now? very disturbing. And they are not only holding these trials, we set an example. This is obviously a partial list of unacceptable, they are possibly viola- Unfortunately, the events that have questions. The American public de- tions of United States law and inter- just become known over the last sev- serves answers to these questions. The national law. Moreover, it is obvious eral days indicate, at least in this in- President deserves answers to these that this matter has not been treated stance, that we did not do things any questions. Those of us in Congress de- with the urgency it warrants. If in fact differently in the eyes of many than serve answers to these questions. If we the reports are accurate, these events the dreadful regime we overthrew a are serious about taking corrective ac- may have occurred as early as last No- year ago—the regime of Saddam Hus- tion to deal with the abuses that have vember or December, and they are only sein. That is what I worry about. This been disclosed, then in my view, at now coming to light—primarily, it ap- does damage to the United States. It least, answering these kinds of basic pears, because there are photographs. I does damage to people like Mark questions is an essential starting point. suspect that had this been an account Kimmitt who spoke eloquently yester- I yield the floor. reported in some written document, day about his Army. And I worry about The PRESIDING OFFICER (Mr. without any photographic evidence, it our men and women all over the globe SMITH). The Senator from Connecticut. might not be receiving the kind of at- who put themselves in jeopardy for our Mr. DODD. Mr. President, before he tention it deserves. country—not only in that the reports leaves the floor, let me thank my col- Obviously these allegations of abuse of these abuses could cause an increase league from New Mexico for his must be quickly investigated, and in violence against them, but I worry thoughtful comments. I certainly want those responsible for these reprehen- about what might happen if, heaven to associate myself with them. I, too, sible acts brought to justice. Those in forbid, they are apprehended, and how want to commend General Kimmett for the chain of command as well, who they may be treated. his very concise, clear, unambiguous failed to discharge their duties effec- I know the matter before the Senate statement yesterday. I was moved by tively to detect and prevent such ac- is the nomination of John Negroponte. it. tions, need to be sanctioned, including, I support that nomination. We have I was moved by the personal pronoun to put it simply, fired. had our difficulties over the years, one ‘‘my,’’ too—‘‘my Army.’’ This is some- Again, I want to emphasize that the going back to his days in Honduras one who dedicated his life—in fact, the majority of our service men and women when there were issues of human rights Kimmett family has one of the most are not to blame. I can not stress this violations. I know Ambassador distinguished records of any American point enough. The overwhelming ma- Negroponte. He has been a good ambas- family when it comes to serving the jority of our troops are doing a superb sador in other capacities, a good am- U.S. Government in uniform. Mark and job under very difficult circumstances. bassador at the U.N. He has done a his family have worn that uniform They are putting their lives at risk good job in Mexico. We have worked to- proudly. Over the years, numerous every single day for this country. gether since our days of difficulty more members of his family have. I could Indeed, what has happened here, than 20 years ago. I am confident John feel the pain of Mark Kimmett’s senti- what has occurred, also puts all of Negroponte can do a good job, particu- ments in those brief comments he these honorable men and women who larly, I hope, in the area of human made so eloquently yesterday. are serving, not only in Iraq but else- rights. He will be in charge of what I It is on that note that I would like to where, at risk. These abuses damage am told will become the largest U.S. begin my remarks. Clearly the events not only the victims, but our troops. mission anywhere on the globe. And I of the last several days, the revelations And they also damage America—they am hopeful that John Negroponte, we have become aware of, the events do great damage to our country. This when he is confirmed—and I believe he

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4958 CONGRESSIONAL RECORD — SENATE May 6, 2004 will be—will grab this issue and do Moreover, we owe it to the more than But we will only get that chance if what has to be done to get our work in 130,000 honorable and dedicated U.S. we make amends fully and completely. Iraq on track. troops currently risking their lives in That is why the administration must The responsibility for these abuses Iraq to ensure that those who are found move quickly and publicly to bring the that have occurred in Iraq goes beyond guilty of these crimes be punished to criminals who committed these abuses a few low-level bad apples. That is the fullest extent possible. Anything to justice. We must also take back di- what worries me. This is clearly a less would be a great disservice to all rect responsibilities related to the ad- problem of mismanagement at very of these brave men and women in uni- ministration of Iraq from private con- high levels, which the Bush adminis- form who now face a much more dif- tractors and assume responsibility for tration needs to get a handle on, and ficult task than winning the hearts and what are clearly official and delicate quickly. If that means high-ranking of- minds of the Iraqi people. functions which have profound foreign ficials need to be replaced, then that is Equally troubling is that these dis- policy implications if not handled a judgment that we shouldn’t dismiss graceful acts have been made possible properly. out of hand. by the administration’s rigid philos- Mr. President, the sooner we do these After all, we are currently in the ophy of outsourcing jobs and responsi- things, the sooner we can get back on throes of trying to prove that we want bility. This time, though, it outsourced track helping the Iraqi people build a to help Iraqis create a new and demo- much of our mission in Iraq, respon- democratic and just society that re- cratic Iraq, and that in doing so we will sibilities that should be given to well- flects their own values and aspirations. respect Iraqi and Arab culture and tra- trained military personnel. The admin- Ambassador Negroponte can play a dition. It does not take much of an istration has outsourced these respon- critical role in making that happen, imagination to figure out the disas- sibilities to private military firms and I am therefore pleased that the trous consequences of these abuses, not (PMFs), that are virtually unregulated Senate is poised to approve his nomina- only with respect to U.S. policy in Iraq by our Government or any other. tion today. I fully support moving but with respect to our policies I don’t support the outsourcing ahead to confirm him for this critical throughout the greater Middle East. American jobs abroad and I don’t think post. Over the past week, newspapers we should give our military duties to The PRESIDING OFFICER. The Sen- throughout the world have carried independent contractors, either. In- ator has used his 15 minutes. Mr. DODD. Mr. President, if I might headlines about these abuses. Not only deed, reportedly, there are as many as have an additional minute or 2. in English speaking countries, obvi- 20,000 private military firm personnel The PRESIDING OFFICER. Without ously—Arab language newspapers have currently working in Iraq. It appears objection, it is so ordered. also carried the stories with headlines that no chain of accountability exists NATIONAL DAY OF PRAYER such as ‘‘The Scandal’’ and ‘‘The for their actions, that no universal Mr. DODD. Mr. President, I would Shame.’’ rules exist to govern their operation in also like to bring to the attention of Anyone who knows anything about coordination with U.S. and coalition my colleagues an article from today’s Arab culture will know this much: troops. Most disturbing, according to Washington Post. It was on page A–3 Honor and respect are valued highly. reports, these private military firms’ carried over to page A–6, and it worries Many of these abuses with sexual over- personnel have been directly involved me deeply because it goes to what I am tones were directly aimed at damaging in some of these crimes. fearful may have had some underlying the honor of Iraqis or forcing them to I ask my colleagues, is it any sur- and undercurrent effect on the events do things in contravention of their prise to learn that members of an un- of the last several days. It seems to most deeply held beliefs. regulated group of paramilitaries is al- speak to the extent that we are dehu- Let’s not forget these abuses oc- leged to have committed human rights manizing and minimizing and casting curred in the very same prison Saddam abuses? this pall of accusation over an entire Hussein used to torture Iraqis. Now And I would ask the President of the religious group in the world. this prison has served as a source of al- United States and the Secretary of De- Senator BIDEN pointed out in his re- legations of sexual abuse, psycho- fense—why were private contractors marks here this morning that 1.2 bil- logical torture, and even murder. taking part in U.S. military interroga- lion people are observers of the Muslim In the minds of Iraqis and those in tions? And since when do we assign to faith. the Arab world, what is to separate non-official personnel the most critical And today is a national day of prayer these acts from past abuses? and delicate task to our military oper- in the U.S. It began with a resolution Certainly the scope of these abuses ations—unregulated personnel, I might adopted in the Truman administration does not compare to those that oc- add. in 1952 and has been followed every curred under Saddam Hussein, but the I am sure many agree that the use of year since then. When Harry Truman unacceptability of these acts is not these companies in sensitive military signed the congressional resolution he something we should attempt to meas- situations certainly raises some omi- called for ‘‘a suitable day each year ure in quantitative terms. Surely we nous questions. That is why last week other than a Sunday to be set aside for hold ourselves, I hope, to an entirely I sent a letter to the GAO along with common prayer.’’ Every administra- different and higher standard than that four of my colleagues—Senator FEIN- tion since 1952 has taken that day out with which we judged Saddam Hussein. GOLD, Senator REID, Senator LEAHY, of the calendar year to focus on com- Moreover, diplomacy is a delicate and Senator CORZINE—requesting that mon prayer. And it was under the game, and one mistake by the world’s GAO investigators undertake an exten- Reagan administration that the first superpower reverberates around the sive investigation into the employment Thursday of May was set aside as the globe to the detriment of our foreign of these firms in Iraq. permanent day each year. policy. It is going to make the job of I am hopeful, given the increasing vi- I cannot tell you how disturbing it Ambassador Negroponte—when the ma- olence in that country and recent re- was to read in this morning’s paper a jority leader decides to move on his ports of abuse, including reports of quote from one of the organizers of this nomination—all the more difficult. As abuse by private contractors, that the year’s day of prayer. The quote was difficult as his job was going to be General Accounting Office will expe- buried away, but let me read it, be- prior to the emergence of these allega- dite this investigation and answer all cause it actually goes to the heart of tions, it is exponentially more so of the questions posed. Our troops, our what we are talking about. We are told today. mission in Iraq, and the American tax- here, this morning, that they would Given the situation, I urge Ambas- payer deserve a prompt, independent, make ‘‘no apologies’’ in today’s cele- sador Negroponte, when he is con- and careful look into this matter. bration of prayer ‘‘about the exclusion firmed, to draw on his previous experi- Mr. President, if we are lucky, we of Muslims and others outside of the ence to make the protections of human may get a second chance to dem- ‘Judeo-Christian tradition’ from cere- rights in Iraq a top priority. onstrate to the Iraqi people and the monies planned by the task force on I am stating the obvious. But these Arab world that we came to Iraq for Capitol Hill and in state capitals across abuses must not occur again. good—not abuse. the country.’’

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4959 ‘‘They are free to have their own na- The event’s organizers denied that it In Salt Lake City, Mormons have com- tional day of prayer if they want to,’’ amounts to a tacit political endorsement. plained that they are not allowed to lead she said. ‘‘We’re in an election year, and we believe prayers during the local observance. Well, if you have that attitude about God cares who’s in those positions of author- In Oklahoma City, the Rev. W. Bruce Pres- ity,’’ said Mark Fried, spokesman for the Na- common prayer today, and you exclude cott has planned an interfaith ceremony on tional Day of Prayer Task Force. ‘‘But we’re the steps of the state Capitol today to pro- religious groups from a national day of not endorsing a candidate—just praying that test the exclusively Christian ceremony in- prayer, then what have we come to? God’s hand will be on the election.’’ side the building. ‘‘As a Baptist preacher, it’s I might point out as well, because the The private task force, which operates hard for me to protest prayer,’’ he said. Presiding Officer will appreciate this— from the Colorado headquarters of the Chris- ‘‘What I’d rather do is see if we can’t find a my wife pointed this out to me this tian organization Focus on the Family, has way to do it right.’’ encouraged the nation’s churches to organize morning—in Salt Lake City, Mormons Mr. DODD. Mr. President, I yield the have complained that they are not al- potluck suppers and pipe the ceremony into their sanctuaries. It will be taped in mid- floor. lowed to lead prayers during today’s afternoon in the East Room and re-broadcast The PRESIDING OFFICER. The Sen- observance. I don’t know how you have during a three-hour, late evening ‘‘Concert of ator’s time has expired. a national prayer day in Salt Lake Prayer’’ featuring Christian music stars and The Senator from Rhode Island. City and exclude the Mormons from other luminaries, such as Bruce Wilkinson, Mr. REED. Mr. President, I ask unan- participating. author of the best-selling ‘‘Prayer of Jabez.’’ imous consent that in addition to my But this sort of attitude where we are ‘‘This feed is available to any network any- time, I receive 10 minutes from Senator where in the world free of charge, but only going to selectively choose religious HARKIN. groups that can be involved, and the religious networks have an inclination to pick it up,’’ Wright said. The PRESIDING OFFICER. Without particular reference here to the exclu- Fried said this year’s theme is ‘‘Let Free- objection, it is so ordered. sion of anyone who might be of the dom Ring.’’ He described it as the evan- Mr. REED. Thank you, Mr. Presi- Muslim faith, is troubling to me be- gelical response to efforts to remove the dent. cause it is that sort of an attitude that words ‘‘under God’’ from the Pledge of Alle- Mr. President, we are currently en- contributes to the dehumanization of giance and keep the Ten Commandments out gaged in a fierce battle to salvage people and casts aspersions on an en- of public buildings. ‘‘Our theme is, there is a small group of ac- something, anything, from the admin- tire group of people. tivists unleashing an all-out assault on our istration’s effort at regime change and Indeed, as we talk about what has oc- religious freedoms. They are targeting the reconstruction in Iraq. Each day, the curred as a result of the actions of a Christian faith,’’ he said. costs in lives and dollars accumulate, few bad apples, I point out the story in The National Day of Prayer has been cele- as the Iraqi people become more res- today’s newspaper because I think that brated every year since 1952, when President tive and impatient. International and the attitude of exclusion expressed in Harry S. Truman signed a congressional res- olution calling for ‘‘a suitable day each year, regional support for our efforts is erod- the story contributes to an environ- ing at a time when an international ef- ment, if you will, that somehow makes other than a Sunday to be set aside for com- mon prayer. fort, as distinct from the administra- these abuses permissible in the minds Under President Ronald Reagan, the date tion’s unilateral approach, may be the of some—that somehow these people was set permanently as the first Thursday in only effective way to change the polit- are undeserving of the kind of treat- May. Since the mid-1980s, the ceremony has ical dynamic and allow us to avoid ment that every other human ought to been organized by the nonprofit task force headed by two prominent evangelical being trapped in a long, bloody, and un- receive—particularly in the hands of a certain conflict. nation that prides itself on being gov- women: Vonette Bright, widow of Campus Crusade for Christ founder Bill Bright, and Many Americans are asking how we erned by the rule of law and which re- came to this point. Some are asking spects individual rights. Shirley Dobson, wife of Focus on the Family founder James C. Dobson. why we must remain. The President Mr. President, I ask unanimous con- As in recent years, today’s observances has responded with a slogan: ‘‘We must sent that the article in today’s Wash- will begin with a congressional prayer ses- not waiver.’’ What we need is a plan, a ington Post entitled ‘‘Bush to Appear sion on Capitol Hill in the morning, followed plan based on reality, not on ideology. On Christian TV For Prayer Day’’ be by the afternoon ceremony at the White The administration launched the pre- printed in the RECORD. House. Under President Bill Clinton, Bright There being no objection, the mate- said in an interview this week, the White emptive attack on Iraq to counter, ac- rial was ordered to be printed in the House observance was private and ‘‘very defi- cording to their claims, the over- RECORD, as follows: nitely lower key’’ than under Bush, who has whelming danger of Iraqi weapons of invited print and television coverage each mass destruction and alleged ties be- BUSH TO APPEAR ON CHRISTIAN TV FOR year. PRAYER DAY tween Saddam Hussein and terrorists. Although ‘‘we were disappointed’’ with In the last year, no weapons of mass (By Alan Cooperman) Clinton’s low-profile celebration, Bright President Bush’s participation in a Na- said, evangelicals did not make that senti- destruction have been found, and no tional Day of Prayer ceremony with evan- ment public. ‘‘We have as enthusiastically strong link has been established be- gelical Christian leaders at the White House promoted the Day of Prayer when Democrats tween Saddam and terrorists. Iron- will be shown tonight, for the first time in were in office as when they were not,’’ she ically, today, there is no shortage of prime-time viewing hours, on Christian cable said, adding that any ‘‘politicization’’ of the terrorists in Iraq. They have been and satellite TV outlets nationwide. Day of Prayer ‘‘would be so unfortunate.’’ drawn there not by Saddam but by his For Bush, the broadcast is an opportunity Bright did not hesitate, however, to ex- demise. to address a sympathetic evangelical audi- press admiration for Bush: ‘‘I don’t think he Now, the administration returns to ence without the risk of alienating secular has a political agenda of his own. I think or non-Christian viewers, because it will not he’s really trying to do what would please the subtext of its justification for pre- be carried in full by the major television net- God.’’ emptive action in the fall of 2002, the works. Frank Wright, president of the Na- She also made no apologies about the ex- unalloyed evil of Saddam. That, of tional Association of Religious Broadcasters, clusion of Muslims and others outside of the course, is a point beyond debate; in- said more than a million evangelicals are ex- ‘‘Judeao-Christian tradition’’ from cere- deed, a point that was acknowledged by pected to see the broadcast. monies planned by the task force on Capitol all sides during the debate in the fall of Some civil liberties groups and religious Hill and in state capitals across the country. 2002. minorities charged that the National Day of ‘‘They are free to have their own national Prayer has lost its nonpartisan veneer and is day of prayer if they want to,’’ she said. ‘‘We When Secretary Wolfowitz testified being turned into a platform for evangelical are a Christian task force.’’ recently before the Senate Armed groups to endorse Bush—and vice versa. The White House press office and presi- Services Committee, he continually re- ‘‘Over the years, the National Day of Pray- dential adviser Karl Rove’s office did not re- iterated the depravity of Saddam er has gradually been adopted more and spond to calls seeking comment on the Na- stressing, in his words, the ‘‘density of more by the religious right, and this year in tional Day of Prayer observances. evil’’ that gripped Iraq under Saddam. particular there is such an undercurrent of Organizers said some Jewish rabbis, Catho- Looking backward at Saddam will not partisanship because for the first time they lic clergy and mainline Protestants have are broadcasting Bush’s message in an elec- been invited to the congressional and White help us find a way ahead today. Today, tion year,’’ said the Rev. Barry W. Lynn, ex- House ceremonies. But the exclusion of reli- more relevant than the ‘‘density of ecutive director of Americans United for gious minorities has led to protests in sev- evil’’ that gripped Iraq is the ‘‘density Separation of Church and State. eral cities. of illusion’’ that continues to grip the

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4960 CONGRESSIONAL RECORD — SENATE May 6, 2004 administration and the Pentagon. The credible and effective Iraqi security that is turning the people of Iraq to be- administration and the Pentagon stub- forces is imperative, but not just be- come resentful of our presence. bornly cling to illusions about the situ- cause it reduces the burden and the The administration has also, to- ation in Iraq. Let me suggest some of threat to our forces. It is imperative gether with the Pentagon, consistently the most salient. we establish these forces because today underestimated the number of troops For months, they have attempted to our goals for Iraq are being thwarted necessary for the successful occupation convince the world—and, perhaps, by a climate of violence that affects of Iraq. Secretary Rumsfeld and Gen- themselves—that Iraqi security forces every Iraqi and saps their willingness eral Franks adroitly planned the air were capable of making a significant to commit to the reform of their coun- and ground campaign that shattered contribution to establish order and to try. the Iraqi army in a matter of days. defeat the insurgency. No such capa- We often see the violence in Iraq as They correctly judged our over- bility exists at this time, and it may those attacks against our forces. When whelming technological advantages, take years to train a competent and we do, we miss the pervasive and dis- together with the extraordinary cour- cohesive force that can assume the se- turbing violence that touches the lives age and skill of our fighting forces, curity role in Iraq that currently falls of every Iraqi and, in a cruel irony, has would quickly overwhelm the much primarily upon the United States. many Iraqis comparing the order under larger Iraqi forces. But winning a swift For months, the Pentagon regaled us Saddam with the chronic disorder victory over a conventional military with charts showing the astronomical under the United States. force is not the same as successfully and rapid growth of Iraqi security The following is an article, trans- occupying a large country with a popu- forces from mere handfuls to hundreds lated from Arabic, in the April 25th lation of 25 million. of thousands. They repeatedly stressed edition of Al Manar, a newspaper from From the beginning, our forces, in- the proportional decrease of the Amer- Baghdad: cluding international allies, were in- sufficient to physically and psycho- ican presence as a sign of progress. All The Iraqi society has never known or, even in U.S. gang movies, seen such acts of logically dominate the scene. The ab- this was wishful thinking and political looting, robbery, and murder as the current sence or limited presence of coalition spinning. crimes taking place in Iraq today, which forces in many parts of Iraq gave the The last few weeks have revealed the cause newborn’s hair to turn gray. The fact that a significant number of Iraqi insurgents opportunities to organize crimes have become so common that hardly and the perception they could initiate security forces are ill prepared, ill an hour passes without hearing that some hostile actions against our forces. One equipped, and unmotivated. people are being plundered or a number of A Washington Post article pointed cars are being stolen. The drivers of the new of the first clues I had suggesting a out that on April 5, a new Iraqi bat- and expensive cars have become a target for lack of adequate forces was the brief- talion of several hundred Iraqi soldiers the thieves and burglars. ing I received last July from the 4th In- Someone may think that such crimes fantry Division in Kirkuk on my first refused to join U.S. Marines in the of- occur in other places at night; however, the fensive in Fallujah. In the south, police trip to Iraq. I was taken aback, frank- strange thing is that in Iraq, they take place ly, to learn there were hundreds, if not units as well as members of the Iraqi during the day for everyone to see. In addi- thousands, of Iraqi ammo dumps. Many Civilian Defense Corps, equivalent to tion, the numbers of these looting gangs of them were totally unsecured while the National Guard of the United have become very well known to the ordi- others had some security barriers but States, refused to engage Sadr’s forces. nary citizens of Baghdad. A few days ago, my relative’s car was sto- were not secured by military per- MG Martin Dempsey, commander of len at gun point in Baghdad, but he managed sonnel. This was the case all over the the 1st Armored Division in Iraq, esti- to escape without being physically harmed country. mated that one in 10 members of the or injured in the incident. Having recovered Today munitions in these ammo Iraqi security forces actually worked from the shock a few days later, his friends dumps are being used to craft the im- against the U.S. forces and 40 percent advised him to meet with a former gang leader who enjoyed considerable status and provised explosive devices that bedevil simply walked away from their post be- our forces. This is one example indi- cause of intimidation during the recent reputation among the members of the other criminal gangs. Having no other option, my cating additional troops could have violence in Fallujah and in the south of relative went to see the guy who promised to been used effectively. Iraq. take him to the gangs operating in the zone Another indication of the insufficient The Pentagon likely had indications where his car was stolen. number of coalition military forces is of problems with these forces. Several As promised, the man secretly took my the proliferation of private security months ago MG Karl Eikenberry was relative to meet well known gangsters where forces. Why is it necessary to have one of them congratulated him [my relative] dispatched to Iraq to conduct a survey 20,000 armed private security guards in of Iraqi security forces. General for his good luck because his car was stolen by a gang ‘‘that only steals cars but does not Iraq performing essential military du- Eikenberry is an extremely competent kill the owners; otherwise, you would have ties? The answer is simple. We did not and experienced officer who played a been killed if it was another gang.’’ The deploy sufficient military forces. These key role in establishing the new na- strange thing is that most of the gangsters private security forces are generally tional army in Afghanistan after Oper- are young boys between the age of 15 and 20 highly trained professionals, typically ation Enduring Freedom. years. After several terrifying trips, my relative veterans of our special operations For many weeks, I have been at- forces. But their presence raises nu- tempting to obtain this report to be- found his car when tough negotiations began. He was asked to pay $500, a special merous questions. come informed and to inform my col- offer out of honor and respect for their re- How, for example, do they coordinate leagues about the state of readiness of pentant comrade who brought him to get his with our military forces? What rules of the Iraqi security forces. The Pentagon car back. engagement may they use? What is has been completely uncooperative. This true story is an example of doz- their legal status, particularly after This lack of cooperation and respect ens of other similar robbery, looting, June 30, when limited sovereignty is for the responsibilities of Congress to and murder crimes taking place in transferred to some Iraqi authority? I perform oversight over the Department Baghdad where stealing and murdering am still awaiting the answer to these of Defense has been characteristic of gangs have dramatically increased. Un- questions from the Pentagon. Once this administration’s approach less we are able to protect the people of again, my request has not been re- throughout the conduct of operations Iraq from criminal gangs and from sit- sponded to promptly with detailed in- in Iraq, and it has contributed to the uations as illustrated in these com- formation or any information. predicament we find ourselves in ments in the newspaper, we will fail in Last September, Senator HAGEL and I today. Too often a small group of civil- our mission because we have a situa- proposed an amendment to the supple- ians in the Pentagon has displaced nor- tion where the basic elements of order, mental appropriations bill to increase mal planning functions and instead, in- the basic sense of safety and security the size of our Army by 10,000 soldiers. sulated from appropriate congressional have been completely eviscerated for a That is a necessary initial step to pro- oversight, has hatched plans for the oc- vast number of Iraqis. vide the manpower to continue to com- cupation in Iraq that have proven to be These are off the TV screens. But mit further forces to Iraq and to con- misguided and inept. The formation of this is one of the constant drumbeats tinue to meet the worldwide demands

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4961 upon our Army. The Senate supported regime has rapidly morphed into a throughout the country. These officers that amendment. Unfortunately, the widespread resentment of the United explained that membership in the administration vociferously opposed it. States as ‘‘occupiers.’’ The insurgents Baath Party was obligatory for anyone They claimed Iraq was just a spike and have touched a nationalistic nerve that who hoped to obtain a job like teaching that in the months ahead, the Army vastly complicates our efforts. Popular in Iraq. Most of these individuals were could begin to withdraw forces. support is the critical element in polit- motivated not by political impulses In January, they suddenly reversed ical warfare, and the administration is but by economic and career goals. Nev- this position and announced they squandering that support. ertheless, they were categorically ex- would take steps to increase the Army The latest revelations of gross abuse cluded subject to the discretion of by 30,000 soldiers by tapping into the of Iraqi prisoners at the Abu Ghraib Chalabi. It was a situation that further supplemental appropriations bill. I am prison have further fanned the flames antagonized the Sunni community. The pleased the Pentagon is finally con- of resentment and anger. It is an aber- policy has been belatedly amended but vinced we need more forces for our ration in the conduct of American sol- not after doing great damage. Army, but they still maintain this is a diers, but its occurrence has confirmed This episode also illustrates the gap temporary emergency condition that is in a very suspicious population the between the CPA and the military best funded through the supplemental worst lies spread by our adversaries. In commanders that actually were doing appropriations process. addition, these actions have poisoned the work of rebuilding Iraq. The CPA The reality is, this condition is not our already strained relations with existed in a security bubble in Baghdad temporary. If we are serious about suc- many countries and their citizens disconnected from the field where ceeding in Iraq and meeting other de- around the world. Army division commanders and their mands throughout the world, we must For months now, the Coalition Provi- staffs were taking pragmatic actions to admit this is a task that will take sional Authority has been in power, restore services, rebuild communities many years and a larger army for and the administration touted that as and instill hope in the people of Iraq. many years. We must provide for in- an example of our reconstruction ef- The CPA added little to these actions creases in end strength for our Army in forts. Frankly, I believe it has been except indecision that simply com- the regular budget process, not the dysfunctional from the beginning. plicated the action of commanders on supplemental, by directing more re- The President vested the Department the ground. sources to the Army from the other of Defense with extraordinary powers In the past few days, a revealing services or by increasing the overall in the occupation and reconstruction of memorandum by someone who served defense budget. Iraq. Even before the initiation of mili- in the CPA has surfaced that provided The administration and the Pentagon tary operations, the decision was made additional details illustrating the in- continually insist that we are being op- to exclude experts from the State De- competence of the CPA. The anony- posed by a small group of unrepentant partment from planning for the recon- mous author of the memo is a fan of holdouts from the former Baathist re- struction and administration of Iraq. Chalabi and is hopeful for success in gime and an even smaller cadre of ter- Iraq. This makes his criticism even The task was given to a small group of rorists who have flocked to Iraq after more telling. ideologues in the Department of De- the defeat of Saddam. He describes the CPA as handling ‘‘an This view dangerously misconstrues fense. They relied on the self-serving issue like six-year-olds play soccer: the growing resentment of the Iraq declarations of Chalabi and the exile Someone kicks the ball and one hun- population to our presence and the crowd to assume away most of the dred people chase after it hoping to be very real possibility that many Iraqis problems that we later encountered in noticed, without a care as to what hap- will sympathize with the insurgents Iraq. Problems such as a dilapidated in- pens on the field.’’ My view is that the not because they agree with their po- frastructure an ancient rivalries be- CPA quickly became a 30-day summer litical or religious views but because tween religious and ethnic factions camp for ‘‘neocons.’’ Subject-matter they see them as fellow Iraqis resisting were conveniently ignored as the experts were displaced by ideological a foreign occupation. ‘‘neocons’’ predicted that we would be true believers who rotated in and out Anthony Cordesman, a very prescient welcomed with open arms in a country at a dizzying rate. analyst at the Center for Strategic and that was economically and culturally The CPA installed the Iraqi Gov- International Studies, pointed out that ready for a rapid transition to democ- erning Council composed of representa- ‘‘it is important to note that an ABC racy. tives from the major factions and then poll in February found a large core of The institutional responsibilities for allowed the Governing Council to pick hostility to the Coalition before the the transformation of Iraq were given ministers to run the major ministries, tensions unleashed by current fighting, to Ambassador Bremer and the Coali- like Oil and Public Works. The result and that core involved many Shi’ites tion Provisional Authority, the was nepotism and corruption. As the as well as Sunnis.’’ And, as reported in ‘‘CPA’’. And, in this regard, the record memo points out, ‘‘both for political a new USA TODAY/CNN/Gallup poll, is one of confusion and ineptness. and organizational reasons, the deci- ‘‘only a third of the Iraqi people now The decision to disband the Iraqi sion to allow the Governing Council to believe that the American-led occupa- army threw thousands of desperate and pick 25 ministers did the greatest dam- tion of their country is doing more dangerous individuals onto the streets age. Not only did we endorse nepotism, good than harm, and a solid majority of Iraq. Many of these individuals with men choosing their sons and support an immediate pullout even formed the heart of the insurgency brothers-in-law; but we also failed to though they fear that could put them that continues to attack our troops. use our prerogative to shape a system in greater danger . . .’’ Although half The decision to eliminate the Baath that would work . . . our failure to pro- the Iraqis who responded to the poll party from the civic life of Iraq was mote accountability has hurt us. said that they and their families were quite correct in principle, but carried I met with a member of the Iraqi better off now then under Saddam, 71 to such extremes that it alienated the Governing Council on March 17 in percent of the respondents when asked Sunni community and provided addi- Baghdad. He explained to me the im- to classify the Americans as ‘‘lib- tional fuel for the growing fires of re- portance of the June 30 date. As erators’’ or ‘‘occupiers’’ chose ‘‘occu- sistance. To add insult to injury, the Chalabi explained it to him, it is im- pier.’’ The figure increases to 81 per- process of debaathification was placed portant because on that date they get cent if you exclude respondents from under the control of Chalabi, a figure to ‘‘write the checks.’’ I am sure there the semi-autonomous Kurdish region. of immense distrust and dislike in Iraq. are competent and patriotic Iraqis in- More startling is the fact that more I first heard these complaints from volved in the Governing Council, but I than half the respondents outside of our military commanders last Novem- am deeply skeptical of many, like the Kurdish region ‘‘say killing U.S. ber during one of my trips to Iraq. Chalabi, who seem interested only in troops can be justified in at least some They complained that thousands of self-promotion based on deceit and de- cases.’’ teachers were being excluded from ception. What might have begun as the des- schools at a time when there was a Despite the institutional failings of perate acts of diehards from Saddam’s concerted effort to reopen schools the CPA, it has acquired some hard-

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4962 CONGRESSIONAL RECORD — SENATE May 6, 2004 won experience. That experience dis- ing on virtually any issue—say they would cific grievances involving our presence appears on July 1 as our new Embassy never join a political party and oppose the in Iraq. The ‘‘foreign fighters’’ who are replaces the CPA. I fear that we will existence of a political party. in Iraq are drawn by the desire to fight witness once again a lack of coordina- If that is the case, the likelihood of a the infidel. They are temperamentally tion and direction as a new team tries democratic Iraq is many years away. and technically much different than to organize itself in the complicated The administration’s gravest illusion the plotters who attacked us on Sep- and unforgiving environment of Iraq. I has been and continues to be that the tember 11. In contrast, there are still was hoping to hear Ambassador United States can do it alone. many al-Qaida and associated Negroponte describe in detail the orga- Recent events show the necessity for operatives who continue to plan nization and policies that will guide significant international involvement, stealthy attacks against Americans the new Embassy. I didn’t hear much. not unilateral action. The administra- rather than seek out a guerilla war There are numerous questions. What tion has made overtures to the United against our military forces. To assume is the status of contracts with the Nations, but, as I have suggested, these we will lure these terrorists into Iraq CPA, particularly contracts with secu- overtures smack more of political ex- and destroy them there is a dangerous rity firms? Will American civilian con- pediency than a new realization of the misperception. tractors in Iraq be subject to Iraq law value of broad-based collective action. Once again, the value of a truly or United States jurisdiction? How will The monetary cost alone to the international approach to the war on the Embassy be organized to avoid United States is staggering. We have terror becomes more evident. The key being ‘‘captive’’ in the Green Zone in spent $100 billion on the effort in Iraq element in this struggle is intelligence, Baghdad? How will responsibilities be with no end in sight. More impor- not simply military might. This intel- divided between the Department of tantly, we have lost 767 men and ligence is not the province of one coun- State and the Department of Defense? women of our Armed Forces. Indeed, try, even a country with the resources I’m still waiting for good answers. according to an article in today’s of the United States. It is the sum of We are in danger of repeating the Washington Post, Yale economist Wil- the collective efforts of many coun- mistakes we made a year ago. Once liam D. Nordhaus has estimated that tries. To the extent we have alienated again, we are approaching a critical the additional $25 billion just requested other countries or made their intel- juncture without a plan, just a new set for the war in Iraq will make it more ligence contributions more difficult, of players. And the clock is ticking. costly than the inflation-adjusted ex- then we have diminished the key ele- The administration is pinning most penditures of the Revolutionary War, ment in defeating those who continue of its hopes for political progress in the War of 1812, the Mexican-American to plot to strike our homeland. Iraq on the transfer of sovereignty to war, the Spanish-American War, and The PRESIDING OFFICER. The Sen- an Iraqi entity on June 30. In doing so, the Persian Gulf war combined. ator’s time expired. they confuse the difference between These monetary costs are just a frac- Mr. REED. Mr. President, I ask unan- sovereignty and legitimacy. The new tion of what we will end up paying. imous consent that I be allowed an ad- Iraqi entity—yet to be devised or to be Each day we are accruing significant ditional 5 minutes and that the other fleshed out with Iraqis—may have costs to recapitalize the equipment and side be given an additional 5 minutes. some formal powers that may qualify materiel we are using up at alarming The PRESIDING OFFICER. Without it as a sovereign for the purposes of rates. The aircraft and the tactical and objection, it is so ordered. Mr. REED. Mr. President, consid- international law, but I doubt that the logistical vehicles will require massive ering all of this, it is alarming to see vast majority of Iraqi citizens will see overhauls and replacement. None of the inattention that the administra- it as a legitimate government. This these costs are being adequately ad- new entity lacks the key components tion is paying to homeland security. dressed in or outside the supplemental What is also very disconcerting about that people ascribe to legitimate gov- budgetary process or the regular budg- ernments. Legitimate governments are the administration’s view is that they etary process. see al-Qaida as an institution rather created by internal political forces, Without broad-based international preferably by elections, and legitimate than an ideology. It is an ideology, and support, we will be unable to accom- it is an ideology that is spreading in governments control their territory. plish our political goals, and we will be This new entity will be a creation of the Islamic world despite our huge ef- hard pressed to sustain the billions of the United States with the belated and forts in Iraq, some might say even be- dollars necessary to sustain our effort uncertain participation of the United cause of our efforts in Iraq. in Iraq. As long as we dominate the Nations, and this new government will This ideological battle will not be military and political forces deployed exist because American military forces won by military means alone. It will be to Iraq, we will be seen as occupiers control the territory of Iraq. won by providing Muslim populations In a sense, the administration has al- serving our self-interest rather than a around the world with a compelling al- ready made June 30 both irreversible force to advance the interests of the ternative to the jihad as a means of en- and irrelevant. Having held out the Iraqi people. hancing their sense of empowerment prospect of a transition to Iraqi rule on The administration has long main- and defusing their sense of frustration. June 30, it is impossible to turn back. tained that Iraq is the ‘‘central front’’ Education and economic develop- But on July 1, a prevailing sentiment in the war on terrorism. They are ment spring to mind as ways to begin in Iraq is likely to be disappointment badly mistaken. The ‘‘central front’’ in to counter the appeal of the jihad. Once and a sense that the United States has, the war on terrorism is the United again, our choice of massive military once again, failed to carry out its word. States. The ultimate objective of our involvement in Iraq has constrained This will further aggravate tensions, terrorist adversaries is to once again the resources that we can deploy not diminish them. inflict a catastrophic attack against throughout the Muslim world to di- We can hope the participation of the the United States. They are not dis- rectly challenge the ideology of al- United Nations will give us a reprieve tracted in this objective by Iraq. We Qaida through education and economic from this fate, but the administration’s should not be either. development. Here also is another ex- disdain for and distrust of the United Today, al-Qaida and sympathetic ter- ample of where an international ap- Nations suggests to me that the cur- rorist cells throughout the world con- proach would have given us much more rent arrangement of necessity will not tinue to plot to conduct an attack credibility and, potentially, more re- be sufficient to truly give a sense of le- against the United States or the home- sources to advance this agenda of edu- gitimacy despite recent efforts. lands of our allies. cation and economic development. The surest route to legitimacy is The insurgents that we are engaging The administration entered Iraq with through elections, but we are far from in Iraq may hate us with the same in- illusions, and they struggle today in that day. Indeed, that day may con- tensity as an al-Qaida operative, but Iraq because of these illusions. The un- tinue to recede. Recent polling in Iraq they have chosen a different path—a folding crisis in Iraq can no longer tol- underlines a disturbing fact: path of guerrilla war against our mili- erate illusion. It demands a realistic Seventy-five percent of the Iraqis polled— tary forces and the citizens of Iraq. The assessment of the risks and resources, that’s the largest percentage of people agree- majority are Iraqis motivated by spe- and a pragmatic plan to prevail.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4963 The administration must develop a we go to get our respect and reputation argument for the administration’s war true plan for the war’s financing with back? Where do we go to bring a re- in Iraq. realistic numbers in a timely manner. spectable end to the nightmare for It is clear that we need a full and The administration must commit America that Iraq has become? independent investigation. The Amer- more soldiers to the struggle in Iraq. I worry that the actions of our Gov- ican people need the truth. Congress This means increasing the overall end ernment may no longer keep America needs answers. There must be a full in- strength of the Army through the reg- true to the ideals of the Nation’s vestigation and full accountability, in- ular budget process. Founders so long ago. cluding a comprehensive review of all The administration must recognize I hope the appointment of Ambas- detention and interrogation polices that the struggle in Iraq is separate sador Negroponte, a career diplomat, used by military and intelligence offi- from the war on terrorism and that the will mark a new beginning of serious cials abroad, in Iraq, Afghanistan, war on terrorism requires more robust American engagement in the real prob- Guantanamo, and elsewhere. funding at home to protect America. lems in Iraq. We need to know when the torture The administration must recognize Too often, the Bush administration started, why was it kept secret for so and admit that we are committed to a has been blinded by its arrogance on long, and why we had to learn about it long and dangerous struggle in Iraq Iraq and refused to recognize the cold, from the media. No one should be im- that will cover many years and cost hard truth about its failed policies. mune to questions, including the Presi- many billions of dollars. The adminis- Time and again, the President has dent. tration must seek to truly institu- looked at events in Iraq through rose- This is President Bush’s war. It is the tionalize our efforts in Iraq. colored glasses, ignored the adminis- result of his radical doctrine of preven- A government that deceives its peo- tration’s many mistakes in Iraq, and tive war and American unilateralism ple may sustain itself for a while. Lin- has failed to speak with candor either run amok. coln reminded us that ‘‘you can fool to the American or the Iraqi people. President Bush has spoken fre- some of the people some of the time,’’ Ambassador Negroponte could not be quently about the dignity and human entering this position at a more chal- but a government that deceives itself is rights of the Iraqi people, and he made lenging time. The allegations of pris- doomed to failure, and its policies are it a major justification for the war. oner abuse have shaken the faith of the doomed to failure. In the East Room of the White house Iraqi people and the international com- I yield back the remainder of my on March 19, 2004, President Bush munity in the benevolence of the U.S. time. asked: ‘‘Who would prefer that involvement in Iraq. The new ambas- The PRESIDING OFFICER. Who Saddam’s torture chambers still be sador must start to rebuild their trust. yields time? In his April 20, testimony to the Sen- open?’’ Mr. REED. Mr. President, I suggest ate Armed Services Committee, Dep- In the Cabinet room on December 24, the absence of a quorum. uty Secretary of Defense Paul 2003, the day Saddam was captured, The PRESIDING OFFICER. The Wolfowitz spoke at length about the President Bush said: clerk will call the roll. human rights abuses under Saddam. For the vast majority of Iraqi citizens who The legislative clerk proceeded to Seven of the 23 pages of his prepared wish to live as free men and women, this call the roll. event brings further assurance that the tor- testimony addressed the atrocities Mr. KENNEDY. Mr. President, I ask ture chambers and the secret police are gone committed by Saddam Hussein. forever. unanimous consent that the order for One of the goals of the U.S. occupa- the quorum call be rescinded. tion of Iraq should have been to herald The President has failed the Iraqi The PRESIDING OFFICER. Without a new day of human rights for the Iraqi people, and he has failed America. He objection, it is so ordered. people. Instead, many Iraqis are equat- has presided over America’s steepest Mr. KENNEDY. Mr. President, I ing America’s crimes to those com- and deepest fall from grace in the his- know we have a time limitation. I mitted by Saddam Hussein, using the tory of our country. think I was allocated some time ear- same prison and the same torture The buck stops at the Oval Office. lier. Is that correct? rooms. The tragedy unfolding in Iraq is the di- The PRESIDING OFFICER. The Sen- There is no question that this is not rect result of a colossal failure of lead- ator is allocated 20 minutes. the case. There is no question that ership. It is a failure of calamitous pro- Mr. KENNEDY. Mr. President, I will Saddam’s crimes were crueler and more portions. The President should apolo- support John Negroponte to be Amer- horrific and more widespread by any gize to the Iraqi people and accept full ica’s first ambassador to Iraq since the objective standard. responsibility. gulf war, and I will speak about it in But the reports of torture by Amer- In the wake of this tragedy, Ambas- more detail in a moment. ican soldiers, and the reports that sador Negroponte will face an uphill First I want to say a few words about these abuses took place at the direc- battle regaining the enormous ground the larger issues of Iraq and the enor- tion of Army intelligence officers, CIA we have lost in winning the hearts and mously important challenge we face at agents, and private contractors, are minds of the Iraqi people. an enormously important time for our deeply damaging to our cause in Iraq America’s vision to rebuild Iraqi and Nation. The stakes could not be higher and our reputation and interests in the provide new hope and opportunity was for the safety of 135,000 American sol- world. grand and noble, but we have not deliv- diers serving in Iraq, for the future of Nobody questions the commitment ered on our promise. Far too many Iraq and its 25 million citizens, for and skill of the vast majority of our Iraqis have come to the conclusion America’s role in the world in the soldiers. They are performing admi- that America is able, but unwilling, to years ahead, and for America’s own se- rably under extraordinarily difficult meet their basic needs. The frustration curity in the weeks, let alone the circumstances. I have no doubt that with our unfulfilled promises is feeding years, ahead. these despicable incidents are even into massive hatred for America and For the stability of the entire Middle more painful for them than they are our soldiers, who are paying with their East, America’s ambassador must con- for the rest of America. I am con- lives. vey to the new Iraqi government and cerned, however, that allegations of Last fall, President Bush requested the Iraqi people America’s hopes for prisoner abuse are not limited to this $20 billion in emergency reconstruction Iraq that it soon become a free, stable one Baghdad prison. GEN. George assistance from Congress to provide and prosperous and peaceful nation Casey has said that this military has basic services for the Iraqi people. Con- that respects the rights of its own citi- conducted at least 25 criminal inves- gress wrote a large check to the Iraqi zens. tigations into deaths and 10 criminal people, but the administration still has We pray that mission accomplished investigations into other allegations of not delivered it. has not become mission impossible. misconduct involving detainees in Iraq Ambassador Bremer spoke of the ur- America’s respect and reputation in and Afghanistan. gent need for this assistance in the the world have never been lower in the Without a question, these reports of Senate Appropriations Committee on entire history of our Nation. Where do abuse strike at the heart of the moral September 22, 2003:

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4964 CONGRESSIONAL RECORD — SENATE May 6, 2004 This is urgent. . . . Most Iraqis welcomed other $29 million has been reallocated Abu Ghraib—more is coming to light in us as liberators. Now the reality of foreign from projects such as democracy build- Afghanistan, and we do not know what troops on the streets is starting to chafe. ing to the administrative expenses of is happening in Guantanamo—I believe Some Iraqis are beginning to regard us as oc- USAID. nominating Ambassador Negroponte to cupiers and not liberators. This was perhaps And we wonder why the Iraqis hate inevitable, but faster progress on reconstruc- this vital post would send entirely the tion will help. us, why hatred for the American occu- wrong message. He is not the right per- pation continues to grow. Acting in good faith, the Congress son for this job at this time. We all have a stake in Iraq’s suc- Why do I say that? Ambassador approved this funding 3 weeks later. cess—the administration, the Amer- Despite the desperate need for recon- Negroponte served as U.S. Ambassador ican people, the Iraqi people. Ambas- struction assistance in Iraq, the Bush to Honduras from October 1981 through sador Negroponte has an enormous re- administration has spent only a small May of 1985. During this time, Mr. sponsibility to ensure that our policy portion of these funds. A mere 14 per- Negroponte showed a callous disregard toward Iraq is based in reality and cent of the billions provided by Con- for human rights abuses through his shaped by the facts on the ground. tenure as U.S. Ambassador to Hon- gress last October has been obligated As the Ambassador embarks on this for reconstruction projects. The admin- duras. I speak of this from firsthand new assignment, he must not gloss knowledge. I traveled to Honduras dur- istration has not clearly told the Con- over the truth, even if it is painful. He gress how much has actually been ing this period and I visited one of the must speak with candor to the Amer- Contra camps along the border of Hon- spent. It may not even know. ican people and the Iraqi people about According to the most recent report duras and Nicaragua with then Ambas- America’s objectives, our strategy, and to the Congress from the Office of Man- sador Negroponte. At that time, there our successes, and he must be equally agement and Budget: Nearly $3.6 bil- were many allegations that a so-called candid about our failures. lion was intended for public works Battalion 316—which was supervised He would be wise not to follow in the and trained by our CIA and by some of projects, including nearly $3 billion for footsteps of so many in the Bush ad- drinking water, but only $32 million our military personnel—had been in- ministration who may have spoken volved in some very egregious human has been obligated overall, and only $14 candidly about the bleak situation in million has been obligated on drinking rights abuses, including the disappear- Iraq to the President in private, but ances of people, including the dis- water; $443 million was intended for who constantly sought in public to put improvements in hospitals and health appearance and alleged torture and a positive face on the clear failures. murder of a Catholic priest. clinics, but the coalition government The stakes are high and the chal- has obligated nothing. At the time of my visit to the camp lenges are many. I wish Ambassador with Mr. Negroponte, I asked a number Mr. President, $300 million was des- Negroponte great success and the best ignated for health care equipment and of questions about Battalion 316 and of luck. He will need both if America is the alleged human rights abuses. I was modernization, but nothing has been to succeed in stabilizing Iraq, deliv- obligated and $90 million was des- told there were no such human rights ering on our promise of freedom and abuses committed by the Honduran ignated to build and repair schools, but democracy, and bringing our troops less than a quarter of it has been obli- military. It became clear to me I was home with dignity and honor. I urge misled, and quite frankly I was not gated. my colleagues to approve his nomina- Our half-hearted attempt to take the given answers to my questions about tion. face of America off the occupation will the human rights abuses being com- Mr. President, I reserve the remain- mitted by Battalion 316. I believe Am- inevitably exacerbate Ambassador der of my time. I suggest the absence Negroponte’s diplomatic challenges. bassador Negroponte knowingly mis- of a quorum. informed me and knowingly mis- Our proposal to transfer sovereignty Mr. REID. I request the time run to the Iraqi people on June 30th and informed the U.S. State Department equally against both sides. about gross violations of human rights take the face of America off the occu- The PRESIDING OFFICER. Without in Honduras during his tenure. pation is nothing more than that—a objection, it is so ordered. The clerk proposal. It’s not even a real transfer I refer to a series of articles written will call the roll. in the Baltimore Sun in 1995. A June 19, of sovereignty. The legislative clerk proceeded to 1995 article was talking about Ambas- At the very time we are talking call the roll. about transferring sovereignty, Presi- Mr. HARKIN. Mr. President, I ask sador Negroponte. dent Bush is developing a grandiose unanimous consent that the order for An ambassador, someone cynically once plan to build a super embassy in Bagh- said, is sent abroad to lie for his country. the quorum call be rescinded. U.S. career diplomat John D. Negroponte dad, staffed by 1,000 Americans. We will The PRESIDING OFFICER (Mr. EN- still have 135,000 American soldiers on confused that with lying to his country. As SIGN). Without objection, it is so or- U.S. ambassador to Honduras during the the ground in Iraq for the foreseeable dered. early ’80s, Mr. Negroponte systematically future. Mr. HARKIN. Mr. President, par- suppressed reports to Washington describing The new embassy’s significance is liamentary inquiry: Does the Senator kidnappings and murders of political dis- clear. This administration wants Bagh- from Iowa have a certain amount of sidents by a secret unit of the Honduran dad to be America’s new colonial time? And if so, what is that? army. Instead he was responsible for false re- beachhead in the Middle East. As one The PRESIDING OFFICER. The Sen- ports to Washington that portrayed the Hon- American official said it will be just ator from Iowa has been allocated 20 duran regime as committed to democracy like ‘‘Saigon, circa 1969.’’ minutes. and the rule of law. By comparison, 147 Americans now Mr. HARKIN. I appreciate that. I will read further from this article: work at the American Embassy in Af- Mr. President, I rise in opposition to Why should an experienced U.S. diplomat ghanistan, a country with 4 million the nomination of John D. Negroponte send false reports to the State Department more people than Iraq; 500 Americans to serve as U.S. Ambassador to Iraq. I concealing damaging information about the work at the American Embassy in understand and agree America needs a nation he was assigned to? Simple. For one thing, some of his superiors wanted it that Egypt, a country nearly three times representative there, more so now than way. They weren’t fooled. They were part of the population of Iraq; and 293 Ameri- ever. We need someone in Iraq who has a conspiracy to mislead Congress and the cans work at the American Embassy in a sterling record, an unassailable U.S. public. The Reagan administration, India, a country of 1.8 billion people. record in terms of his or her support which dispatched Mr. Negroponte to replace In fact, the administration is divert- for fundamental human rights and for an ambassador who was reporting unwel- ing funds intended for Iraq’s recon- the rule of law, someone who has no come facts, had an overriding policy objec- struction to support this Fortress blot on their career record of having tive in Central America: to stop what it per- America Embassy. According to an been involved in the kind of abuses ceived as a threatened communist takeover. Nothing else mattered. April 30th article in the Washington that have come to light recently in Mr. Negroponte later told a Senate panel Post, $184 million has been reassigned Iraq under our military jurisdiction. he never saw any ‘‘convincing substan- from drinking water projects to pay for After the terrible revelations of the tiation’’ that the notorious unit was ‘‘in- the operations of the U.S. embassy. An- abuses under our watch at the prison at volved in death squad type activities.’’ If so,

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4965 he outdid the three monkeys who saw no tions repeatedly directed at him by The Sun. efit of those who might want to read evil, heard no evil and spoke no evil. The evi- But he can’t ignore pointed questions from the RECORD and catch up on Mr. dence was all around him, including in his President Clinton, whose personal represent- Negroponte’s past and what he did own embassy. A diplomat who tried to write ative in Manila is Mr. Negroponte. Despite while he was Ambassador to Honduras, the State Department’s support of Mr. a truthful human rights report was ordered I commend these articles to them. to remove the damaging information. More Negroponte, the president can’t possibly than 300 articles about military abuses ap- want someone of this ilk representing the Mr. President, I think it should be peared in the Honduran newspapers that year U.S. abroad. clear to all of us why human rights alone. Hundreds marched through the capital Mr. HARKIN. Ambassador Negrop- questions and concerns should be at in protests. A dissident Honduran legislator onte’s reports to his superiors in the the forefront of today’s debate and why personally appealed to Mr. Negroponte. State Department resulted in the Con- someone with the background of Mr. Negroponte is not the right person to I ask unanimous consent to have the gress being misled as to the scope and send to Iraq, because it is going to articles from June 19, 1995, printed in nature of gross human rights viola- come out, it will come out about Mr. the RECORD. tions that were committed by Bat- Negroponte’s involvement with Bat- There being no objection, the mate- talion 316, an elite U.S trained unit of rial was ordered to be printed in the talion 316. It will come out about Mr. the Honduran military involved in Negroponte’s efforts in Honduras to RECORD, as follows: some of the worst human rights abuses [From the Baltimore Sun, June 19, 1995] suppress information Congress needed in Central America. at that time. It will come out that Mr. HEAR NO EVIL, SEE NO EVIL . . . In a letter to The Economist in 1982, Negroponte was untruthful to his supe- An ambassador, someone cynically once Ambassador Negroponte wrote, it is riors at the State Department. It said, is sent abroad to lie for his country. simply untrue that death squads have U.S. career diplomat John D. Negroponte should be clear to us why he should not made appearances in Honduras. go there at this time. confused that with lying to his country. As This is from our Ambassador to Hon- U.S. ambassador to Honduras during the We are shocked and shaken by the duras at the very time death squads pictures of abuse against Iraqis at the early ’80s, Mr. Negroponte systematically were openly operating in Honduras suppressed reports to Washington describing hands of U.S. personnel. Our image as a kidnappings and murders of political dis- under Battalion 316. Yet he said it is country is at stake. But it is not just sidents by a secret unit of the Honduran untrue that they have made an appear- our image, it is the very essence of our army. Instead he was responsible for false re- ance in Honduras. Nation, our fundamental respect for ports to Washington that portrayed the Hon- We now have history. We now know human rights, our fundamental respect duran regime as committed to democracy Mr. Negroponte was not telling us the for the dignity and worth of each indi- and the rule of law. truth. vidual, the essence of what we are try- Why should an experienced U.S. diplomat From 1981 to 1984, over 150 people dis- ing to tell the world, that we are for send false reports to the State Department appeared in Honduras, including an freedom, that we are for individual lib- concealing damaging information about the American priest, Father James Carney. nation he was assigned to? Simple. For one erties, that we oppose torture in all its His body has never been recovered. All thing, some of his superiors wanted it that forms. There is no reason why people indications at that time pointed to way. They weren’t fooled. They were part of should be tortured in prisons, and we a conspiracy to mislead Congress and the Battalion 316. There had been reports should not be involved in it. U.S. public. The Reagan administration, that they interrogated him and he was The photographs we have seen also which dispatched Mr. Negroponte to replace severely tortured and killed. I am not have a personal association for me. an ambassador who was reporting unwel- suggesting Ambassador Negroponte come facts, had an overriding policy objec- When I first saw these pictures, I was was responsible for Father Carney’s taken back in time—34 years to be tive in Central America: to stop what it per- disappearance. What I am saying, how- ceived as a threatened communist takeover. exact—to 1970, July of 1970, when I was Nothing else mattered. ever, is Ambassador Negroponte turned a staff person in the House of Rep- Each year, U.S. embassies report on human a blind eye and a deaf ear to the human resentatives, and I was sent with a rights abuses and the State Department rights abuses in Honduras during his commission to Vietnam. passes the information on to Congress. Na- watch. During that period, Ambassador We had heard all these reports about tions that consistently violate human rights Negroponte was in very close contact, these tiger cages in which people were are barred from receiving U.S. military aid. perhaps almost on a daily basis, with brutally tortured, killed. Our State De- By ignoring the clear, unavoidable evidence GEN Gustavo Alvarez, the Commander partment denied their existence, our that Hondurans were being kidnapped, tor- in Chief of the Honduran military, and tured, raped and murdered by a special unit military denied the existence of them; under the command of the army chief of the architect of Battalion 316. these were all just Communist con- staff, the Reagan administration was able to For Ambassador Negroponte in 1982 spiracy stories. boost military aid to Honduras from $3.9 mil- to say it is simply untrue that death Well, I had heard enough about them lion in 1980 to $77.4 million four years later. squads have made appearances in Hon- and others had heard enough about Mr. Negroponte later told a Senate panel duras—this is going to be our Ambas- them that I began to look into it, and he never saw any ‘‘convincing substan- sador to Iraq at this time? because of some luck, because of the tiation’’ that the notorious unit was ‘‘in- In 1989, during a hearing before the courage of Congressman William An- volved in death squad type activities.’’ If so, Senate Foreign Relations Committee, derson of Tennessee, and Congressman he outdid the three monkeys who saw no on his nomination to be Ambassador to evil, heard no evil and spoke no evil. The evi- Augustus Hawkins of California, a dence was all around him, including in his Mexico, Ambassador Negroponte was young man by the name of Don Luce, own embassy. A diplomat who tried to write questioned about the human rights vio- and the bravery of a young Vietnamese a truthful human rights report was ordered lations by this elite battalion which man who gave us the maps on how to to remove the damaging information. More became known as Battalion 316. His re- find this prison, we were able to un- than 300 articles about military abuses ap- sponse was that he had ‘‘never seen any cover the notorious tiger cages on Con peared in Honduran newspapers that year. convincing substantiation they were Son Island. Hundreds marched through the capital in involved in death-squad type activi- Fortunately, I had a camera. Fortu- protests. A dissident Honduran legislator ties.’’ Yet, as a Baltimore Sun article personally appealed to Mr. Negroponte. nately, I had a hidden tape recorder. In the last of four articles resulting from a pointed out, the evidence was all Because when I came back and we re- 14-month investigation, Sun reporters Gin- around him, including in his own em- ported on this, we were told they were ger Thompson and Gary Cohn quote liberally bassy. A diplomat who tried to write a not that bad. Well, then LIFE maga- from the 1982 and 1983 human rights reports truthful human rights report was or- zine published my pictures and the on Honduras. Each quotation is matched by dered to remove the damaging informa- world saw how bad they really were. persuasive evidence it is a shameless lie. tion, and Mr. Negroponte was the Am- North Vietnamese, Vietcong, and civil- Even the Honduran government has now ac- bassador at that time. ian opponents of the war in South Viet- knowledged the atrocities. But not Mr. Mr. President, the Baltimore Sun, in nam were all bunched into these tiger Negroponte, the hard-line cold warrior who considered Henry Kissinger a softie on Viet- 1995, devoted a series of articles on cages, in clear violation of human nam. what happened in Honduras and what rights, fundamental human rights, and Now ambassador to the Philippines, Mr. happened in terms of Mr. Negroponte’s in clear violation of the Geneva Con- Negroponte has refuse to respond to ques- involvement at that time. For the ben- vention. We had been asking the North

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4966 CONGRESSIONAL RECORD — SENATE May 6, 2004 Vietnamese to abide by the Geneva what it was. Let’s show what happened There being no objection, the mate- Convention in terms of their treatment there. And let’s tell the world, once rial was ordered to be printed in the of our prisoners in North Vietnam. Yet, again, that we are going to make sure RECORD, as follows: here we were condoning, supervising, we have in place policies, programs, [From the Washington Post, May 6, 2004] the very same kind of abuses of people, things that will never let this happen MR. RUMSFELD’S RESPONSIBILITY in clear violation of the Geneva Con- again. The horrific abuses by American interroga- vention. The lead editorial in this morning’s tors and guards at the Abu Ghraib prison and Well, then I was told, well, as to what Washington Post made it very clear at other facilities maintained by the U.S. these people were telling me—because when they said: military in Iraq and Afghanistan can be the interpreter was pro-Communist— Beginning more than two years ago, Mr. traced, in part, to policy decisions and public that he was telling me the wrong Rumsfeld decided to overturn decades of pre- statements of Secretary of Defense Donald vious practice by the U.S. military in its H. Rumsfeld. Beginning more than two years things, because I did not speak Viet- ago, Mr. Rumsfeld decided to overturn dec- handling of detainees in foreign countries. namese, you see. I did not speak Viet- ades of previous practice by the U.S. mili- His Pentagon ruled that the United States namese, and they said the person inter- tary in its handling of detainees in foreign would no longer be bound by the Geneva preting for me had a bias toward the countries. His Pentagon ruled that the Conventions; that Army regulations on the United States would no longer be bound by Communists, so I could not believe interrogation of prisoners would not be ob- the Geneva Conventions; that Army regula- what I was being told. So they sent an- served; and that many detainees would be tions on the interrogation of prisoners would other group over to hear all these glow- held incommunicado and without any inde- not be observed; and that many detainees ing reports. What they did not know at pendent mechanism of review. Abuses will would be held incommunicado and without take place in any prison system. But Mr. the time is that I had a hidden tape re- any independent mechanism of review. Rumsfeld’s decisions helped create a lawless corder. No one knew that except me. I Abuses will take place in any prison system. regime in which prisoners in both Iraq and tape recorded everything that was said. But Mr. Rumsfeld’s decisions helped create a Afghanistan have been humiliated, beaten, I was fired from my job. I was told I lawless regime in which prisoners in both tortured, and murdered—and in which, until would never again work in the U.S. Iraq and Afghanistan have been humiliated, recently, no one has been held accountable. Congress because of my actions in let- beaten, tortured and murdered—and in ting these pictures out and telling the I agree with those who want a full in- which, until recently, no one has been held truth about what was happening on vestigation. I believe we should inves- accountable. tigate. But I don’t want to see this just The lawlessness began in January 2002 Con Son Island. I was brought before a when Mr. Rumsfeld publicly declared that congressional committee and was pinned on a few soldiers at the bottom. Yes, they have to be held responsible, hundreds of people detained by U.S. and al- charged that what I was reporting was lied forces in Afghanistan ‘‘do not have any false because I did not speak Viet- too. No military person has to follow rights’’ under the Geneva Conventions. That namese, and that my interpreter was a an illegitimate order of anyone placed was not the case: At a minimum, all those well-known ‘‘Communist sym- in authority above him or her. These arrested in the war zone were entitled under pathizer.’’ But I had my tape recorder were illegitimate orders. If they were the conventions to a formal hearing to deter- and I taped everything that was said. ordered to do such things, who gave mine whether they were prisoners of war or those orders? Who supervised it? How unlawful combatants. No such hearings were I turned it over to the Library of held, but then Mr. Rumsfeld made clear that Congress to transcribe, and they tran- far up the chain of command did it go? The bottom line is, the Constitution U.S. observance of the convention was now scribed every single word. Not only optional. Prisoners, he said, would be treated what I had been saying was confirmed, of the United States puts a civilian in ‘‘for the most part’’ in ‘‘a manner that is rea- but there was even more on the record- charge of our military. It is that civil- sonably consistent’’ with the conventions— ing that was not interpreted for me, ian, by his or her actions, statements, which, the secretary breezily suggested, was more evidence of the cruel, torturous policies, programs, that filter down to outdated. conditions in these tiger cages, how that private, that sergeant out in the In one important respect, Mr. Rumsfeld was correct: Not only could captured al people had been tortured and killed, field. Mr. Rumsfeld, because of his ac- tions and his statements and his poli- Qaeda members be legitimately deprived of and how we, the U.S. Government, had Geneva Convention guarantees (once the re- provided not only the funding but the cies during his tenure as Secretary of quired hearing was held) but such treatment supervision for these prisons. Defense, is ultimately responsible. was in many cases necessary to obtain vital So when I saw these pictures from That is why I have called today for his intelligence and prevent terrorists from Iraq, it brought back Con Son Island resignation. If he doesn’t resign, the communicating with confederates abroad. and the tiger cages. I thought we had President of the United States should But if the United States was to resort to learned our lesson. Yes, war is not a dismiss him forthwith. that exceptional practice, Mr. Rumsfeld should have established procedures to ensure nice thing. War is terrible. But that is Seeing no one else asking for time on the floor, I ask unanimous consent that it did so without violating international why we have Geneva Conventions. That conventions against torture and that only is why we have these international that I have an additional 5 minutes. suspects who truly needed such extraor- treaties. I thought we learned after The PRESIDING OFFICER. Without dinary handling were treated that way. Out- Con Son and the tiger cages that we objection, it is so ordered. side controls or independent reviews could ought not to be involved in those Mr. HARKIN. Because of what has have provided such safeguards. Instead, Mr. things, that we ought to make sure happened, and for our country, we Rumsfeld allowed detainees to be indiscrimi- whoever runs these prisons, whoever speak of patriotism a lot, patriotism of nately designated as beyond the law—and made humane treatment dependent on the has charge of prisoners of war, treats our brave soldiers and airmen and sea- men in Iraq and around the world, the goodwill of U.S. personnel. the prisoners according to the Geneva Much of what has happened at the U.S. de- Convention. Yet here we are back patriotism of those in our country who tention center in Guantanamo Bay is again—34 years later—and we see the fight for justice, fight for those less shrouded in secrecy. But according to an of- same kinds of things happening in this fortunate. Patriotism takes on a lot of ficial Army report, a system was established prison. different forms. I think Mr. Rumsfeld at the camp under which military guards I do not know who took those pic- has to show some patriotism. He has to were expected to ‘‘set the conditions’’ for in- tures. I read in the paper today it was put the good of his country above his telligence investigations. The report by Maj. own self-interest and his own self-es- Gen. Antonio M. Taguba says the system was a young man and that he may be in later introduced at military facilities at some serious trouble. Well, whoever teem. It is time for him to recognize Bagram airbase in Afghanistan and the Abu took those pictures, I want them to that we need a new Secretary of De- Ghraib prison in Iraq, even though it vio- know they have a friend and an ally in fense to change the policies and the lates Army regulations forbidding guards to this Senator from Iowa. I will do what- programs that Mr. Rumsfeld insti- participate in interrogations. ever I can to ensure that no harm in tuted, that, as the Washington Post The Taguba report and others by human any way comes to them, that they are editorial said, led to this kind of a situ- rights groups reveal that the detention sys- tem Mr. Rumsfeld oversees has become so able to speak out without fear of any ation. grossly distorted that military police have reprisal about what they saw and what I ask unanimous consent that the abused or tortured prisoners under the direc- went on in those prisons. editorial in the Washington Post this tion of civilian contractors and intelligence We have to let the sunlight in—the morning, May 6, be printed in the officers outside the military chain of com- best disinfectant. Let’s show it for RECORD. mand—not in ‘‘exceptional’’ cases, as Mr.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4967 Rumsfeld said Tuesday, but systematically. women in uniform more than it pains Mr. HARKIN. Mr. President, I sug- Army guards have held ‘‘ghost’’ prisoners de- us. Most of them, I am sure, are as ab- gest the absence of a quorum. tained by the CIA and even hidden these horred by this as we are. I know they The PRESIDING OFFICER. The prisoners from the International Red Cross. are wondering how something like this clerk will call the roll. Meanwhile, Mr. Rumsfeld’s contempt for the The assistant legislative clerk pro- Geneva Conventions has trickled down: The could have happened. It has to be de- moralizing for our military as it is de- ceeded to call roll. Taguba report says that guards at Abu Mrs. BOXER. Mr. President, I ask Ghraib had not been instructed on them and moralizing for us. That is why 34 years that no copies were posted in the facility. ago, when the pictures of the tiger unanimous consent that the order for The abuses that have done so much harm cages came out, it led to reforms. I be- the quorum call be rescinded. to the U.S. mission in Iraq might have been lieve it helped lead to the end of that The PRESIDING OFFICER. Without prevented had Mr. Rumsfeld been responsive terrible conflict in Vietnam and objection, it is so ordered. Mrs. BOXER. Mr. President, I ask to earlier reports of violations. Instead, he brought our troops home. publicly dismissed or minimized such ac- unanimous consent that I be allowed to I hope these pictures, as awful as counts. He and his staff ignored detailed re- speak for 5 minutes using the time that they are, about what happened in the ports by respected human rights groups Senator LEVIN had. about criminal activity at U.S.-run prisons Abu Ghraib prison, will now provoke us The PRESIDING OFFICER. Without in Afghanistan, and they refused to provide to act, to straighten out the system, to objection, it is so ordered. access to facilities or respond to most ques- make sure this does not happen again. Mrs. BOXER. Mr. President, at 5 tions. In December 2002, two Afghan detain- The PRESIDING OFFICER. The Sen- ees died in events that were ruled homicides o’clock we are going to vote on wheth- ator has used his additional 5 minutes. er to confirm Mr. Negroponte to be our by medical officials; only when the New Mr. HARKIN. I ask unanimous con- York Times obtained the story did the Pen- Ambassador. I want to make clear a tagon confirm that an investigation was un- sent for an additional 5 minutes. couple of points. I voted against Mr. derway, and no results have yet been an- The PRESIDING OFFICER. Without Negroponte for the very issues Senator nounced. Not until other media obtained the objection, it is so ordered. HARKIN talked about in his history photos from Abu Ghraib did Mr. Rumsfeld Mr. HARKIN. I believe that our when he was in Latin America, during fully acknowledge what had happened, and President has to apologize to the Iraqi what I believed to be a massive coverup not until Tuesday did his department dis- people. He went on television yester- of human rights abuses, which was close that 25 prisoners have died in U.S. cus- day. As I understand from all the arti- tody in Iraq and Afghanistan. Accountability very troubling. When Mr. Negroponte cles I read, he gave a slight slap on the went there, there was a meeting with for those deaths has been virtually non- wrist to Secretary Rumsfeld and said existent: One soldier was punished with a him and I said: You are now in a new dishonorable discharge. he still supported him. I am sorry. job, and although I am not voting for On Monday Mr. Rumsfeld’s spokesman said Sometimes it takes a big person to you, I want to work with you. We did that the secretary had not read Mr. Taguba’s admit wrong and to apologize. I believe work together on a treaty banning report, which was completed in early March. that is what we need to do for the Iraqi child soldiers. He worked very well Yesterday Mr. Rumsfeld told a television people, to let them know, not by words with us on that. There were times when interviewer that he still hadn’t finished but by deeds, that this does not reflect I called him to talk about issues of reading it, and he repeated his view that the who we are as a people. We are better concern and he was very accommo- Geneva Conventions ‘‘did not precisely than that. We are bigger than that. apply’’ but were only ‘‘basic rules’’ for han- dating. dling prisoners. His message remains the Because of what has happened, be- I am going to vote for him today to same: that the United States need not be cause of the pall this has cast over our give him another chance at a job that bound by international law and that the involvement in Iraq, for those reasons is so dangerous and so worrisome, be- crimes Mr. Taguba reported are not, for him, and for the history of John Negroponte cause we have a policy in Iraq that is a priority. That attitude has undermined the and what he did during his tenure in not working. He is willing to go there. American military’s observance of basic Honduras during a time of gross viola- I give him tremendous credit for that human rights and damaged this country’s tions of human rights, he should not be and I give credit to his family. I also ability to prevail in the war on terrorism. the highest ranking diplomat in Iraq. I think his ties with people in the United Mr. HARKIN. We are all upset about suppose the skids are greased for him Nations, as we try to get more nations what happened. Our country was found- to get this appointment. But I don’t involved, could be helpful. I am not ed on the principles of democracy, the think there are too many here who re- sure, but it could be helpful. inalienable rights of individuals. We member Mr. Negroponte and what he I want to express my reservation, were right to condemn Saddam Hussein did in Honduras, but I don’t forget. I now that we see on the agenda of the for his state-sponsored torture in Iraq. don’t forget what happened there. I United States of America one of the We are right to condemn anyone, don’t forget that Mr. Negroponte was worst scandals I think we have seen in whether it is in Uganda or those who one of those individuals closely aligned a very long time—this prison scandal, led the Rwandan massacre, the gen- with General Gustavo Alvarez and Bat- which has such enormous ramifica- erals who now run Burma, or those who talion 316. I don’t forget that it was Mr. tions. As one of my colleagues said, it set up the Soviet gulags during that Negroponte who turned a blind eye and has undone a thousand gestures of long cold war where so many were tor- a deaf ear to the human rights abuses kindness and goodness our troops have tured and killed by the Soviets. We in Honduras at that time. demonstrated to the Iraqi people and have always been right to speak out So to send Mr. Negroponte to Iraq to the people of Afghanistan. against those and to do what we can to would send entirely the wrong message People say, Senator, you should not uphold the inalienable rights of indi- at this time. vote for Mr. Negroponte because now viduals. We are not perfect. No country Mr. President, I yield the floor and we have this other human rights scan- is; no individual is. But our obligation suggest the absence of a quorum. dal. Well, I feel Mr. Negroponte knows is to make sure that when this country The PRESIDING OFFICER. The we are watching everything now. makes a mistake, we right it. We don’t clerk will call the roll. America has a way of getting to the try to cover it up. We don’t try to ex- The assistant legislative clerk pro- truth. The other day I made a speech cuse it. We bring it out, show it for ceeded to call the roll. about making sure that truth will not what it is, and then institute policies, Mr. HARKIN. Mr. President, I ask be a casualty of this war. We need to programs, procedures to make sure unanimous consent that the order for know the truth. I can tell you, I have that human rights abuses under our the quorum call be rescinded. never seen anything uglier. watch will never happen again. The PRESIDING OFFICER. Without When the press came to me and asked The bravery of our men and women objection, it is so ordered. how I am going to vote for Mr. in Iraq, under intolerable conditions, is Mr. HARKIN. Mr. President, I ask Negroponte, I said I want to give him a source of pride to all of us. As Sen- unanimous consent that the time this opportunity. I also feel we ought ator KENNEDY said, what has happened under the quorum call be charged to be looking to the Commander in with these pictures, these terrible equally to both sides. Chief right now. human rights abuses, I believe, has to The PRESIDING OFFICER. Without It isn’t Mr. Negroponte who is re- pain our wonderful young men and objection, it is so ordered. sponsible for what has gone on here. It

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4968 CONGRESSIONAL RECORD — SENATE May 6, 2004 is, in the end, the Commander in Chief, not going to be shared with anyone ex- our remorse, our sorrow, and our out- and I wish this Commander in Chief cept those who went into Iraq. It was a rage. They say a picture is worth a would do what others of both political mistake in the end. We would have had thousand words. These pictures say parties did and step up to the plate and everyone in there with us. It would terrible things, and we by our actions admit it. We all make mistakes. God have been different. have to undo those pictures. knows I have made many. We do not When the United Nations building My understanding is that a lot of like to admit them because it shows was blown up, an opportunity to say these people who were conducting our fallibility, perhaps our lack of wis- then and show leadership that this has themselves in this atrocious fashion dom or experience. But in the end, you turned into a war against terror and were kids. They were never trained. have to do that. the terrorists are here now—and by the They did not understand. They were There have been so many mistakes way, they were not before. We know told: Just do whatever you have to do made since this Iraq situation turned that from State Department docu- to get people to talk. into the nightmare that it is—and let ments. They are there now. We had an I do not know if that is all true. We me put it right on the table because I opportunity to say: United Nations, will get to the bottom of it. But one do not come to this table without a you have been attacked; come with us. thing I do know is, you do not stay on certain point of view. I did not vote to We did not do that. a course when it is not working. We go it alone in this war. I worried about Now this horrific vision in these pris- have lost over 700 of our beautiful peo- going it alone in this war. Now we have ons. I heard one commentator say: ple, some young, 18, 19, some 30, 40 to ask ourselves, whether we voted for What about the vision of the Ameri- years old leaving behind children. it or against it, what do we do now? Of cans who were slaughtered and hung on Some 3,000 plus have been wounded. course, that is the important question. the bridges? Yes, sickening, horrifying, And why doesn’t Paul Wolfowitz know And what mistakes have been made? hellish. We cannot go down that road these numbers? What is wrong with There are so many mistakes. because this is America. him that he doesn’t know these num- The military campaign was brilliant. When I was growing up, I knew bers? It is wrong. These are lives. The PRESIDING OFFICER. The Sen- America was different. This editorial These young people are not just some ator’s time has expired. that ran today in the Washington Post faceless, nameless cutout of a soldier. Mrs. BOXER. I ask for an additional opened up my mind because I did not Mr. President, I am so filled with 2 minutes per side, and I will finish up. call for anybody’s firing. I think the sadness. Every time I come to the Sen- Excuse me, I ask if I can have an addi- Commander in Chief is responsible, and ate floor to read the name of Califor- tional 5 minutes from leader time, and he has to decide who he is holding re- nians who have died—I know they are then I will finish up. sponsible. This is an interesting edi- the best. The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Reserving the right to torial. It said, When did the trouble ator’s time has expired. object, 5 minutes? start? It is when Don Rumsfeld, and I Mrs. BOXER. My word to them is: Mrs. BOXER. Yes, and I will be done. assume with the permission of the You are the best, and we will get to the Mr. MCCAIN. I do not object. President, said: We are not going to bottom of this. The PRESIDING OFFICER. Without pay any attention to the Geneva Con- Mr. President, I thank Senator objection, it is so ordered. vention. None of these rules are going MCCAIN for his generosity. Mrs. BOXER. Mr. President, I see to apply. And now what has happened? The PRESIDING OFFICER. The Sen- Senator MCCAIN here, one of our heroes We don’t know all the details, but if ator from Arizona. in America. He is my chairman and it is true, and we do not know that yet, Mr. MCCAIN. Mr. President, I thank friend. I went over to him one day—I what we see in the paper—and these my friend from California. I do remem- don’t know if he remembers this. I was are real photographs—I do not know ber our conversation. I also remember so worried about this war, and he said that for sure, but if it is true, what we she and I discussed the fact that the something that turned out to be true. are seeing is something that has post-conflict era was going to be ex- He said: It will be over in 2 weeks. He stained this country, that has burdened tremely difficult. She made a very bal- was right, in essence. It was maybe a this country and scarred this country, anced statement today, and I thank little longer. That first military cam- that has undermined everything in her for that as we all go through this paign was brilliant. And I said: But, which we all believe, Democrats, Re- very difficult time in the history of our Senator, I am worried about how many publicans, Independents, Greens. It country. we are going to lose. does not matter what party; it is about Mr. President, we will be having a He said: It’s going to be OK, Barbara. America. hearing tomorrow with Secretary He was right. But there wasn’t a plan I think it is mistake after mistake Rumsfeld, and after that hearing, a lot in place after that, and we all know after mistake after mistake after mis- of us, I hope, will be better informed, that. Yet when the President was take. What do we do now? I think JOE not just members of the committee, asked by the press, Did you ever make BIDEN has great ideas on that. He says but others will be better informed as to any mistakes, couldn’t he think of that the Iraqi people have to want democ- the dimensions of this terrible situa- one? racy as much as we want it for them. I tion which we have seen so graphically DICK LUGAR, chairman of the Foreign do believe it is time to test that. We demonstrated on the abuse of human Relations Committee, Senator BIDEN, are sending our people into a caldron. rights. Senator HAGEL, Senator KERRY, Sen- We cannot keep going down this I also am convinced again that the ator DODD, Senator CHAFEE, myself, course. We have to modify it and sooner we get this issue resolved and and others on the Foreign Relations change it. move forward and make sure it never Committee came together and said: The PRESIDING OFFICER. The Sen- happens again, it is very important be- Where is the plan? We said that before ator’s time has expired. cause we have to go about the business the first shot was fired. So that was a Mrs. BOXER. I thank the Chair. of winning this conflict. We cannot let mistake. Mr. MCCAIN. Mr. President, I ask this terrible situation, as tragic as it Then when the President landed on unanimous consent that the Senator is, divert us from our purpose of win- the carrier and he said major combat from California be allowed 2 additional ning this conflict which we cannot af- was over, ‘‘Mission Accomplished’’ be- minutes to finish up. ford to lose. We have plenty of time to hind him, that was a mistake. The PRESIDING OFFICER. Without debate and discuss that in the future. Then when the world said—after that objection, it is so ordered. I also would like to comment on my moment, we had them in our hands Mrs. BOXER. Mr. President, as usual, friend John Negroponte. I have known that day, the whole world when the my friend is very generous of spirit. John Negroponte ever since he was am- President landed on that carrier: Can Stay the course, modify the course, bassador to Mexico, where he did an we help you in Iraq? The President change the course—we need to change outstanding job. He has held a broad said: If you did not go in with us, you the dynamics of this. Some have sug- variety of positions in both Republican cannot rebuild; you are not getting gested tearing down the prison. I think and Democrat administrations. I be- anything. So the spoils of the war were that might be an excellent idea to show lieve he will perform admirably in the

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4969 position for which the President of the I urge my colleagues to listen to the dent Bush has spoken out against United States has nominated him. words of a student from the town of atrocities in Sudan, and that the State There probably would have been a lot Jorboke. He told Human Rights Watch: Department and USAID have been very less discussion about Mr. Negroponte’s I was at the well with my animals, about engaged. But we must do more. As the qualifications if it had not been for the half a kilometer from the village, when the rainy season approaches and threatens difficulties we are experiencing in Iraq planes came. . . . The Antonovs came first, to hinder the delivery of aid and medi- at the moment, but I would also point they were very high, like small birds, and cine, we are running out of time. out it also lends some urgency to get- they dropped eight bombs around Jorboke. The United States must first make ting this highly qualified, patriotic We have two wells and both were hit, the clear to the Government of Sudan that others landed outside the village. . . . The American in position as we prepare to its behavior and the actions of its al- turn over the government of Iraq to MiGs came about fifteen minutes later and they bombed two of the houses in the village. lied militias are totally unacceptable. the Iraqi people, which I think all of us I heard later that the janjaweed came and If the government believes that it will are in agreement should be done as looted and burned the rest of the village, but get a free pass in Darfur in exchange quickly as possible. I had left by then; my family put me on a for brokering peace with rebels in the SUDAN camel to come out to Chad. south of the country, it is sorely mis- Mr. President, I rise to speak about A recent article in the New York taken, as the administration has right- the situation in Sudan. Before I do, Times reported an Antonov pilot order- ly made clear. We must maintain all often citizens, opinion leaders, and peo- ing a ground commander: ‘‘Any village sanctions related to human rights vio- ple who are viewed with some respect you pass through you must burn. That lations until real progress is made in by the American people have, unfortu- way, when the villagers come back Darfur, and consider other ways we can nately, the opportunity or the obliga- they’ll have a surprise waiting for increase pressure on the government. tion to say: Never again. We said them.’’ The international community must ‘‘never again’’ after the Holocaust. We My colleagues heard correctly. The also join with us in pressuring the re- said ‘‘never again’’ after the slaughter government of Sudan is actually using gime. The situation in Darfur should be of 800,000 innocent people in Rwanda, Russian made Antonov bombers and no more acceptable to responsible Eu- and we have said ‘‘never again’’ on a MiG fighters to kill the civilian popu- ropean and African governments than number of occasions where acts of lation. They are not simply attacking it is to the American people. The genocide have taken place. military targets but are focusing on ci- United Nations Security Council must We are seeing a situation in the vilian targets such as water wells, gra- condemn, in the strongest terms, the Sudan where I do not want us as a na- naries, houses, and crops. gross abuses of international humani- tion or as individuals to look back and Jan England, the UN Under-Sec- tarian law and human rights in Darfur. say some years from now, after these retary General for Humanitarian Af- It should further demand that the Su- innocent people are being ethnically fairs describes the situation in Darfur danese government immediately dis- cleansed and victims of a genocidal as a ‘‘scorched-earth’’ policy of ethnic arm and disband its militias, allow full plan of orchestrated atrocities, that we cleansing in Darfur, and Andrew and unhindered access to Darfur by hu- would say never again without us at- Natsios, Administrator of USAID de- manitarian agencies and ceasefire tempting to do what we can to stop scribed it last week as ‘‘the worst hu- monitors, and allow all displaced per- what is happening in the Sudan as we manitarian disaster in the world right sons safe passage back to their homes. speak. Our thoughts and prayers are with now.’’ The cost to the local population The Secretary General should report the brave Americans serving in Iraq has been enormous. In the last year back to the Security Council within and with the Iraqi people we have liber- alone, possibly up to 30,000 people have weeks, noting the degree to which the ated, but at the same time the situa- been killed and another million people Government of Sudan is complying tion in Sudan is dire and it is getting have been displaced. Many of the dis- with these demands. At that point, if worse. placed are farmers, who have been un- necessary, the Security Council should I applaud Senator BROWNBACK and able to plant their crops. Famine consider stronger action under Chapter Senator FEINGOLD for introducing a looms. VII authority. resolution on this situation, and I am As we stand here today, a nominal In the meantime, we must examine proud to consponsor it. I would like to cease fire is in place, but there is little whether and what size international take a few moments to describe what evidence that the government and its contingent it would take to stop this the world faces today in Sudan. allied militias are honoring the agree- disaster. If troops are required, we The region of Darfur, in western ment. Refugees continue to pour across should figure out how to get troops, Sudan, is one of the most strife-ridden the border into Chad, fleeing for their possibly African troops, on the ground. places on Earth. The largely Arab Su- lives. If we need financial and logistical sup- danese government has teamed with If any of this sounds familiar, it port, the United States and others the janjaweed, a group of allied mili- should. Just weeks ago we commemo- should provide it. tias, to crush an insurgency in Darfur. rated the 10th anniversary of the Some will say that this is going too This is not the same as the conflict be- Rwandan genocide. Just weeks ago we far, that we face other, more important tween the Sudanese government and wrung our hands and said, ‘‘If only we crises around the world. Dealing with the Sudanese People’s Liberation knew what was to come, we would have ethnic strife is never easy, and it is all Movement in the south, but rather a acted.’’ We should have acted. But the the more tempting to turn our heads separate, brutal conflict. The methods international community remained si- when Sudan seems a far-off, obscure that the government and the janjaweed lent and idle, and 800,000 Rwandans lost place in Africa. Yet 10 years ago, we have employed to put down the insur- their lives, under the most horrible cir- looked the other way when the public gents are nothing short of horrific. cumstances. was unaware of the war between the they are not only targeting rebels, but This cannot happen again. We do not Hutu and the Tutsi in Rwanda. In 1998, civilians as well. yet face a Rwanda-type situation in President Clinton apologized for our Reports emerging from Darfur indi- Sudan, and must ensure that we never lack of action. I do not want to stand cate that the government and the mili- do. The situation in Darfur offends on the Senate floor 10 years from now tias are killing civilians, engaging in America’s values, and threatens our in- and remark about the hundreds of widespread rape, abducting children terests. The continued flight of refu- thousands of innocent Sudanese who and adults, looting civilian property, gees into Chad, the tenuous peace be- perished under our watch. deliberately destroying homes and tween Eritrea and Ethiopia, as well as The PRESIDING OFFICER. The ma- water sources, and forcing villagers the ongoing conflicts in Somalia could jority leader. into government-run concentration further escalate if we allow Sudan to Mr. FRIST. Mr. President, I rise to camps. The government continues to go up in flames. comment on the critical importance of block access to the region for inter- Now is the time to act to stop the moving ahead on many of the pending national humanitarian organizations killing in Sudan before it becomes nominations for the ambassadorial and and ceasefire monitors. genocide. I am encouraged that Presi- foreign affairs post, and to speak to

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4970 CONGRESSIONAL RECORD — SENATE May 6, 2004 John Negroponte, who has become a United States of America. Our Foreign The PRESIDING OFFICER. The good friend, someone whom I admire Service officers and embassy personnel clerk will call the roll. tremendously. literally put their lives at risk each The legislative clerk proceeded to I do commend the Senator from Ari- and every day. call the roll. zona for his statement on the Sudan. I It was just in 1998, in Tanzania, in Mr. COLEMAN. Mr. President, I ask opened this morning earlier today with Kenya, that a number of our embassy unanimous consent that the order for the resolution at the time it was ap- staff were killed in the al-Qaida at- the quorum call be rescinded. proved. The Sudan is a country I am in tack. They paid the ultimate price for The PRESIDING OFFICER (Mr. every year, and throughout the south- freedom. CRAPO). Without objection, it is so or- ern Sudan. I have had the opportunity The Constitution gives us responsi- dered. to be there at least once a year for the bility, it gives us a critical role in the Mr. COLEMAN. Mr. President, I rise last 6 years. Again, the atrocities that appointment of ambassadors. But the to speak to the issue of the confirma- are going on in Sudan must be con- advise and consent power is not only a tion of the nomination of John D. demned, and the Senate is speaking right of this body but it is a responsi- Negroponte to be ambassador to Iraq. loudly, through the voice of Senator bility of this body. As I have said many I serve on the Foreign Relations MCCAIN and so many others over the times before, I take that responsibility Committee. During my short time in course of today. I commend the lead- very seriously. In this time of war, this esteemed body, I have had the op- ers, both of the sponsors of the bill, and America needs to have full diplomatic portunity to listen to, to engage in the bipartisan support for that resolu- representation abroad. We are at war. conversation, and to question Ambas- tion. We need to be represented fully abroad. sador Negroponte on a number of occa- I mentioned the ambassadorial and The nomination of John Negroponte sions. He is an extraordinary man to foreign affairs posts because we need to is pending today, and hopefully short- whom this Nation owes a debt of grati- pay attention not just to the future of ly, we will be voting on his nomina- tude for his service in the past and Ambassador Negroponte, but also the tion. I have had the opportunity to whose confirmation should swiftly be many others today because we do have visit with him recently and to grow to approved so he can continue with the a whole range of qualified individuals know him over the last several years. I distinguished career he has in Govern- who are going to be in very important think there is no individual more ment. posts—except there is one little block, qualified to take on that difficult His Government career started in and the block ends up being a huge one, task—and we all know it is going to be 1960 at the age of 21 when he entered right here in the Senate. They are difficult—as Ambassador to Iraq. Am- the Foreign Service. He has 37 years of ready. They have been fully vetted and bassador Negroponte has served this experience at the Department of State. approved, with strong support of the country for over three decades. He is He has clearly played a leadership role Foreign Relations Committee. There one of the most qualified diplomats to in American foreign affairs. That lead- have been bipartisan votes. There have ever serve this Nation. He has been ership is needed today and certainly he been unanimous votes. It is now time confirmed by this body seven times be- can bring that skilled leadership to the to act on a whole range of these ambas- fore. challenges he will face as Ambassador sadorial posts. On June 30, as we all know, the Coali- to Iraq. Chairman LUGAR, on the Senate floor tion Provisional Authority turns over He has served on four continents at just a few hours ago, eloquently noted Iraqi sovereignty to the Iraqi people. the highest levels. Of course, he is serv- that foreign governments take notice We have seen it play out in the last ing as Ambassador presently to the when the American Embassy post re- several days, the last several weeks. It U.N., Permanent Representative of the mains vacant. They basically look at is a difficult time in Iraq. It is perhaps United States to the United Nations. the post and they see back in America the most critical moment in the fight He served this country five times in that nominees have been put forward, to bring freedom to that war-torn na- ambassadorial positions, including Am- but the fact the Senate has not said tion. bassador to the Philippines, Ambas- As we all know, Ambassador yes, which we ultimately will do, sends sador to Mexico, Ambassador to Hon- Negroponte will be charged with imple- a strong signal to those countries as if duras in 1977, in 1979 as Deputy Assist- menting those policies in Iraq. He will ant Secretary of State for Oceans and the United States doesn’t put the em- be responsible for leading and pro- Fishery Affairs, with the rank of Am- phasis or care quite as much about tecting a team of over 1,700 embassy bassador. His service to this country that country. It might be interpreted personnel. as a feeling of declining interest in It is a critical time of conflict in Iraq covers an extraordinarily wide spec- that country. We should not allow it to and indeed throughout the Middle trum of regions and functions. He has happen. Really, we must not allow that East. It is in this critical time that we received numerous commendations, in- to happen. It takes action here in the need Ambassador Negroponte at his cluding two President’s Meritorious Senate. post as soon as possible. The future of Service Awards, an honorary doctorate I am very hopeful we can open up Iraq depends on our ability to make from Adamson University in the Phil- this whole gate that is blocking so good decisions right now. ippines, the Homeric Award from the many of these nominees. We absolutely As Chairman LUGAR pointed out, we Chian Federation, and on and on. must have strong diplomatic represen- have a number of other nominations, 30 He truly is an extraordinary man. He tation and support for our policies in nominations pending on other impor- brings the right vision for what Amer- order to fight global terror, to defeat tant posts, right now pending through- ica needs in Iraq. His vision of the role global terror, to further our economic out Europe, throughout the Middle of ambassador is different from what interests around the world, to advance East, in Africa and throughout the we have now with Ambassador Bremer. our interests and bring freedom and de- world. I hope with the final confirma- Whereas the CPA today is the ultimate mocracy to the millions of people who tion today of Ambassador Negroponte political authority in Iraq, the Em- yearn for it. Like our military, our dip- we can open up what would be a flood- bassy will be in a supportive, as op- lomatic corps is a part of a national se- gate to these other 30 nominations. posed to a commanding, role. He under- curity team. It is not the time to make political stands and believes a U.S. mission will I know most of my colleagues, in- statements on either side of the aisle support democratization and rule of deed, all of my colleagues would not as an excuse for holding up these nomi- law, economic reconstruction and secu- deny our military the leadership they nations. The risks are too great at this rity and counterterrorism. need in the time of war. I ask my col- moment in history. I strongly urge my He believes the U.N. role does not leagues to remember the similar and colleagues to approve Ambassador come at the expense of United States very important role that our ambas- Negroponte shortly, and all of the influence or interests but, rather, the sadors play. That important role is ad- other pending nominations as soon as efforts will be coordinated and com- vancing our national security and for- possible. plementary. That is what we need in an eign policy interests. Our embassy I yield the floor. I suggest the ab- ambassador. That is the nomination we teams serve on the front line of the sence of a quorum. have before the Senate. I hope there is

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4971 a resounding voice of support from this cause of what democracy is all about. their hospitals are operating. The city body. It sends out the right message to There are folks who will go to great is operating, with a city council. Twen- the world as to the kind of individual ends to make sure democracy never ty-some million people are going about we want working with the government takes hold in Iraq, who will do every- their lives. There are areas in which of Iraq after the transfer of sovereignty thing they can to destabilize what we there is conflict, but the country is op- on June 30. are trying to accomplish, to make it erating, is moving forward. Oil produc- I am thrilled Ambassador Negroponte not happen. tion is back to the way it was, just is willing to continue his service, a dif- But Americans have understood— about at prewar levels. ficult service. He brings the right skills even if we disagreed on the original There are 130,000 American soldiers to the task. The skills certainly are purpose of going in, et cetera—that there, and they are doing great things. needed. when our men and women in uniform When you talk to them, when you talk These are challenging times in Iraq. are in battle, we stand with them. to the folks who come back, they tell There is no question about that. In I have grown fond of Teddy Roo- you morale is high. They believe in the those times of challenge, oftentimes in sevelt, for many reasons, because of mission. When an elected Member of this great free land of ours, folks have this, one of my favorite quotations: the Congress stands up and says, ‘‘I different opinions and different per- It is not the critic who counts: not the man don’t believe in the mission. We can’t spectives. Those are often played out in who points out how the strong man stumbles win the mission,’’ something is the Senate or in the House Chamber on or where the doer of deeds could have done wrong—not with the mission, not with the other side of this magnificent Cap- better. The credit belongs to the man who is those who are putting their lives on actually in the arena, whose face is marred itol Building. the line, who believe in the mission. With dissent come tough, probing by dust and sweat and blood, who strives val- iantly, who errs and comes up short again Something is wrong with uttering that questions that make our Nation and again, because there is no effort without kind of statement. stronger, make it freer, and democracy error or shortcoming, but who knows the Shameful. Outrageous. It demands more durable. I have great respect for great enthusiasms, the great devotions, who the collective condemnation of all of us those who dissent, to offer a different spends himself for a worthy cause. . . . that we should give comfort to the perspective than me. Certainly the Let me reiterate the worthiness of the enemy because of those seeking to cause we have undertaken. challenge in Iraq, the war in Iraq is score partisan political points. This morning, like many of my col- evoking a great deal of concern in dif- There is an election coming up on leagues, I awoke to an article in Roll ferent perspectives. There is a lot of 20/ November 2. We all know that. There is Call in which one of the Members of 20 hindsight. It is easier to be a critic. no way to avoid it. But because of that, the Democratic minority in the House But dissent is not a validation of one’s it does not mean we put good common has decided that comments he made in position. On the contrary, one can be sense behind us. It does not mean that private should be trotted out to be just as easily wrong in their dissent as everything that goes on gets caught up heard by the entire world. they may be right. in a political perspective and a polit- His comments were that the war in I will say while American lives are on ical battle to make points for those Iraq is ‘‘unwinnable.’’ In private con- the line, those who dissent must choose who are for or those who are against. the moments to determine whether versation those words are troublesome There is one thing about this country their dissent will help make this Na- enough, but his willingness to allow that I have always believed and I have tion stronger or freer or if it will un- those comments to be put in the public always seen: that in times of difficulty, dermine the very foundation of what domain for partisan political purposes America comes together. I think what holds us together. is not only outrageous but it is inde- has been so uplifting about what we I said it before and I will say it again, cent. have seen in regard to the situation in these days we are observing a mixture Over the course of the last several Iraq is that, though there may be de- of Monday-morning quarterbacking, in days, we all have been horrified by the bate over the nature of the policy, some cases, political opportunism, ex- images of prisoners being tortured in there may be debate over a range of aggeration, which threatens to deprive Iraqi prisons. They are shameful, they issues, there has been little or no de- us of perspective and resolve when we are reprehensible, and they should bate about what our young men and need it the most. make all of us who are fathers and There are challenges in Iraq. We are mothers and brothers and sisters say women are doing in Iraq and how well all reeling over the photographs we saw this is not what America is about. And they are doing it and how proud we all of the treatment of some prisoners in we have said that. There are not are of their courage, of their fortitude, an Iraqi prison. It is not what America enough apologies today to be given to of their commitment. To undermine is about. We rejected that. The Presi- the Iraqi people for that, but we have that in any way, to talk about it being dent rejected it. The military has re- done that. unwinnable, is something that I find jected it and will hold those respon- But today, as American blood is shed difficult or impossible to fathom. sible. in the cause of freedom and liberty It is time this awful language of de- At the same time, as we speak today, across the world, a Member of Con- featism in our Nation’s Capitol comes men and women are still in uniform gress’ utterances of a war as to an end. It is time America comes to- fighting for freedom, fighting against ‘‘unwinnable’’ does not just demoralize gether, as we do in times of war, to terrorism. This President, our Presi- American soldiers, I fear it emboldens stand with our men and women on the dent, did not ask for a war on terror. America’s enemies. front line, to stand with those who are September 11 happened. We have come Imagine being on a sports team that willing to give the ultimate sacrifice— to understand that no longer could we is losing badly to their opponent and and many have—and to say to them: escape terrorism, that our shores did hearing one of the leaders of the win- We appreciate what you are doing. We not protect us, that we had to be vigi- ning team all of a sudden say the game appreciate your commitment. We ap- lant. We had to resolve and take the is unwinnable for them, even though preciate your service. We appreciate battle to the enemy. We have done they control almost every aspect of the your courage. And we know that Amer- that. game. ica will prevail. We know that justice War is never pretty. War is never To those thugs and monsters who will prevail. We have faith. We have something clean and concise. At times, killed with Saddam and now kill with- faith in what you are doing and your bad things happen. Lives are lost. But out Saddam, the ‘‘unwinnable’’ jersey ability to get it done. Shame on those in this case, we should never forget the on their back has just been put on ours who would say otherwise. underlying purpose. The underlying by a Member of Congress. I find that so Mr. President, I yield the floor and purpose is America is in a war on ter- troublesome. suggest the absence of a quorum. rorism. Every day in Iraq, and in most of the The PRESIDING OFFICER. The There are people who hate us because country in Iraq, things are going on in clerk will call the roll. we enjoy freedom, because we respect which people are getting their lives to- The legislative clerk proceeded to freedom, because of who we are, be- gether. Their schools are operating and call the roll.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4972 CONGRESSIONAL RECORD — SENATE May 6, 2004 Mr. KYL. Mr. President, I ask unani- When we ask what we can do to help plished there in terms of getting the mous consent that the order for the our troops, one thing we can do is country’s infrastructure back to work, quorum call be rescinded. think clearly about this and speak in a getting oil production going, getting The PRESIDING OFFICER. Without constructive, positive way, which is the schools and hospitals back up to objection, it is so ordered. not to say we should never express dis- speed, all of the other aspects that Mr. KYL. Mr. President, we are here agreement with each other or with the have begun to return the country to this afternoon debating the nomination administration or offer constructive normalcy, that we tend to forget all of for the position of Ambassador to Iraq, suggestions about what to do better. the good and tend to forget that the se- the nomination of Ambassador-nomi- All of that is fair game in a democracy curity of the country has largely been nee Negroponte, a career diplomat who and makes us what we are and makes obtained when we see on the nightly probably has as long and good a record for a better conduct of any kind of op- news only one thing and that is the lat- in the United States as any person who eration, including a military one. But est explosion that killed either an has served in our Foreign Service. there is a way to do it that does not American soldier, perhaps, or innocent He started in 1960 representing the give encouragement to the enemy. Iraqis, because a lot of the people who United States. He has had an amazing When you begin to suggest that be- are being killed are Iraqis themselves. array of important posts, including cause of what a very small handful of That is the bad news. being Ambassador to the Philippines Americans did to some Iraqi prisoners, Notwithstanding the news that we and Honduras and Mexico, and serving that it somehow suggests we are losing get all of the time, the terrorists are in a variety of other international or- the war, we have gone way off track. I saying: We are about to be beat here ganizations. realize most people are not saying because the Americans and the other I hope, at the conclusion of our de- that. I hope they don’t. That is the allies have been able to marshal the bate today, the Senate will, in fact, kind of expression that will be the be- military power to subdue our brothers. confirm the nomination of Ambas- ginning of the end of our effort to con- Without new reinforcements, we are sador-designate Negroponte. duct the hearts and minds part of this likely to lose this battle. We need the very best in Iraq. It is a war on terror which is almost in some That is a nice assessment. It gives us challenging situation. There is no respects as big a part of it as is the encouragement that if we continue on doubt about that. We need somebody of military conquest we were so success- this path, we will prevail. We have a his caliber there. I am delighted the ful in achieving in Iraq. strategy laid out to turn authority President has found it possible to find How should we be conducting our- over to the Iraqis to govern themselves such a good person to be the first am- selves? We are part of this war effort. on June 30 and proceed to have elec- bassador to this newly freed country. I We are not carrying a gun. But people tions in the country next January. hope, as I said, we will be able to con- listen to what we have to say. The ter- Hopefully, we will continue to consoli- firm him quickly and that he will be rorists take away from what we say ei- date the security and so on. We are able to assume his post. ther encouragement or discourage- aware of those things. I think a lot of the Members have ment. Therefore, it is especially distressing found this as an opportunity to discuss I return to the memo we intercepted when people who are important people the larger issue of the war in Iraq and from a fellow by the name of Zarqawi. in America, perhaps elected officials, how it is going and particularly in He was sending a memo to his fellow speak out on television and suggest light of the events of the recent days terrorists connected with al-Qaida say- that, because of these most recent regarding the revelations of the treat- ing: We have a real problem here. The events, somehow we can’t win this bat- ment of certain prisoners in Iraq. I Americans are winning in Iraq. They tle; We can’t win this war; We can’t think it is appropriate we all reflect on are defeating our brothers, and we need continue to consolidate the gains we that, but I also think it is important more allies. We need people to pour have made, continue to provide secu- we keep it in perspective. into Iraq to assist us. I fear we are los- rity, continue to help in the recon- I just gave a radio interview in which ing the battle because we can’t get struction of the country, and continue the questioner asked questions that enough help and the Americans are too on the path of turning it over to the suggested maybe the wheels were com- tough. They are winning the country Iraqis so they can freely govern them- ing off the wagon, that the entire effort over, and before long they are going to selves. might not be worth it; that one of our have a new government set up here and Let’s take each of those points. First, colleagues in the House had indicated we will have lost this effort. no one in America condones or in any that maybe we are losing the war and That was this terrorist’s assessment way expresses anything but disgust for we ought to recognize that right now. of the situation. I like that assessment. what we have seen on television and I want to focus a little bit on that be- What it shows is the planning and exe- what we have been reading about. It is cause, as we have a new ambassador cution of our military effort and the un-American to treat people the way about to assume the position there, he followup of the military effort after we these Iraqi prisoners were treated. It might rightly ask the question, What took Baghdad and had conquered the doesn’t make any difference what they am I getting into here if we are about country, that that has largely suc- might have done. Americans don’t do to lose a war? And the question is, Are ceeded. For most of the country we that. we? And, of course, the answer is, No, know it has. The President today, in meeting with we are not. I think it would be well for We have two pockets of significant King Abdullah, publicly said he was Americans to stop and think before resistance with which we are dealing. sorry for this. He was also sorry that a they talk in those terms because the There the tension is between going in lot of people in the world would take mere discussion of the issue in those and doing collateral damage or trying this incident as manifesting what terms gives solace and encouragement to negotiate, which is what we are Americans and America are all about. to our opponents. being urged to do by people on the He said that bothers him, and it obvi- Unlike a war that we fought in the ground, Iraqis who, after all, are mak- ously bothers all of us because we past—you could choose your exam- ing a point that they might have some know that is not what we are about. ples—this war on terrorism includes idea about how to do this since they The question is, This aberration, as it components that have a lot to do with know the folks involved and it is their has been described, should that in any psychology, with what the enemy be- country. They are going to have to way suggest to us that we can’t win lieves he can accomplish using asym- take care of this in the future. So we this conflict? I fail to see a connection. metric force against far superior forces are paying attention to what they sug- I understand that among a lot of of the allied coalition. Therefore, it is gest. We are trying to walk a careful Arabs and, frankly, the rest of the important what the enemy reads into line in dealing with these two situa- world, including in the United States, what we are saying about the war our- tions. people are appalled. But anyone with selves. That is why, in effect, the floor But by and large, the point is, the an open mind who has any under- of the Senate and the media are other country has been pacified. There has standing of the United States and of fronts in the war. been so much constructive accom- Americans understands that this is not

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4973 the way Americans act and, in point of We cannot allow that to happen. I committed, in another war in our his- fact, that we have a system which en- think there is a legitimate question tory. It happens. It is not right, and courages reporting of such incidents about when the people in the policy- people should be called to account for and which immediately ensures that making part of the Government—and it when it happens. the perpetrators will be dealt with in that includes the Assistant Secretary, But let’s remember, too, that every- an appropriate way. Secretary of Defense, National Secu- thing in war is not coming up roses It is my understanding—and we will rity Council, the President, and Vice every day, and that there will be days find out a lot more about this as time President—became aware of things like of bad news. If you stop to think about goes on—that the day after the report the existence of photographs and other World War II, for example, or about of the incident the inquiry began which things which, if made public, would Korea, or any other wars we have resulted in military action, court-mar- certainly significantly detract from fought in, you can find some very bleak tial action being taken against several our effort. These policymakers would days, days when Americans were being of these perpetrators, and subsequent clearly have understood that is the pushed off the Korean peninsula, days to that, action has been taken against kind of thing that can undo countless when we were being pushed off Omaha several people and that there are some hours of good work by thousands of Beach, or times when we were making that are still pending to be resolved. It military and non-military personnel in no progress and were taking thousands is also my understanding that within the country. Just one incident like this of casualties on the Pacific islands. Our the same month of January, a com- can undo all of the good that literally own prisoners were horribly mis- mand had already been set up to inves- hundreds of people do. treated, and there must have been a tigate whether this was endemic or We have all seen the acts of kindness sense that this may not be worth the widespread, whether it really was an as well as bravery by our troops. We effort. aberration and, to the extent that it have seen soldiers helping kids in Americans understood the stakes and demonstrated that there were flaws in school—saving a little child in one case we persevered. In war there are going our system that permitted this to and a woman in another case—from to be times that are bad. We under- occur, that they be fixed, and that being in the line of fire, one of whom stood that. Sometimes they are caused things have been implemented to en- had been wounded. There are countless by enemy action and sometimes by sure this will not happen again. Americans acting unselfishly and, mistakes we ourselves might have I suspect as we are briefed on all of frankly, selflessly, putting themselves made. This is one of those times when this we will learn a lot more of the de- in danger to help Iraqi people. That is we have a real problem because of mis- tail, and we might be more comfortable a message that obviously needs to be takes that Americans made. But we with the way the military has handled conveyed, but all of that is, in a sense, have the capacity as a Nation to cor- this. This is what America is all about. rect those mistakes if we will do that There is some fault, not only for the forgotten the minute you have an inci- in a constructive way. That is the key. people who actually did what we have dent like this, especially with the pho- seen but also for the way it was han- tographs showing this. But if we do it in a partisan way, in a dled. What I regret is that many in the I can understand how someone who destructive way, we will only play into political world have tended to focus on committed these atrocities, the hands of our enemies, who are this. I would hope that opponents of unthinkingly, would have no idea looking for that kind of signal so they the President would not seize upon this about how this might affect the entire can succeed in their effort. to try to gain partisan advantage. It is war effort when it becomes known, but As we conclude debate on the nomi- something that reflects on the entire people higher up certainly would have nation of a critical position at this country. It is not a Democratic or Re- that sense. It was important that they time in our history, the ambassador- publican kind of issue. get this information so they could then ship to Iraq, it is good to reflect on There have already been calls for the decide what to do with it. Undoubtedly, these issues. The Ambassador will have resignation of Secretary Rumsfeld. in America, ordinarily, we understand a very difficult job. I hope as we con- This, obviously, would not help the that the best way to deal with bad sider his nomination and how to sup- President politically, but is it appro- news like this is to deal with it in an port him when he assumes this role, we priate? The Secretary will be pre- open, honest fashion. I suspect that had will all agree it is important to do so in senting open testimony tomorrow be- we been able to do that, a lot of the a constructive way, always giving him fore the Senate Armed Services Com- outcry here might have been averted. our best judgment, but not undercut- mittee. He will tell his story. Until he That might have been included in ting him with premature judgments or does, I think it would be wise for peo- briefing Members of Congress. But if actions that might be construed as po- ple to withhold their judgment. Since the Secretary of Defense didn’t even litical and might be misunderstood by we have not even been briefed on the know of the existence of the photo- our enemy. issue—and that is one thing people graphs, it is kind of hard to brief Con- If we conduct ourselves in that way, complain about—would we have a right gress about it. I am confident that, despite the fact to call for somebody’s resignation be- I suggest that the bottom line on this there will be days we feel very chal- fore we have even heard what they had point is that we find out what the facts lenged in this country and, as the to say or been briefed? Is that an are by asking the people directly. Let’s President said, things we are very American way to do things or is it an stop condemning them publicly and sorry for, nonetheless, because of the expression of partisanship? calling for their resignation and stop kind of people and Nation we are and I suggest to the extent it might be assuming facts we don’t know. the values and principles for which we the latter, people should hold their fire During a radio interview that I just are fighting, we will in the end prevail, and wait until the facts come in, and had, the questioner asked me about a and we will prevail not only to the ben- we can discuss this in a nonpartisan certain situation. I said: I don’t know efit of Americans and our national se- and a constructive way rather than a that to be true. Do you? He said: No, curity, but for the cause of freedom of way that might be misread by our en- but that is what we have heard. Let’s people throughout this world. emies, because the more this kind of see what the truth is, and we can act in The PRESIDING OFFICER. The Sen- criticism occurs, the more the enemy a calm, compassionate, and firm way ator from Kansas is recognized. may take from it that America is di- with those who did wrong. Mr. BROWNBACK. Mr. President, I vided and we no longer have the com- My final point is that in the fog of rise to speak regarding the nomination mitment or the will to see this conflict war a lot goes wrong. Individual people of Mr. Negroponte to be the Ambas- to an end; that therefore if they con- make bad judgments. Americans are sador to Iraq. tinue to try to nip away at us the way just as prone to that as anybody else. THE REPUBLIC OF GEORGIA they have been, they will be able to There is a lot of pressure and emotions Before I speak on that, I want to drive us out, and they will have the run high, and it is certainly possible draw the attention of my colleagues to country left to them to resume the for people to do wrong. One of the can- something that happened, on a very kind of rule that Saddam Hussein ex- didates for President this year talked positive note, in the Republic of Geor- erted in that country for decades. about atrocities he committed, or saw gia, one of the former Soviet Union

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4974 CONGRESSIONAL RECORD — SENATE May 6, 2004 countries. It was reported today that We have had a number of Kansans, as gime. We stepped into this void to do one of the breakaway regions, Ajaria, there have been people from all over what others were unwilling to do. We has voluntarily come back into Geor- the Nation, who have given their lives did so grudgingly because going to war gia. The people have thrown out, van- for the freedom of the people of Iraq is never an easy decision for any coun- quished kind of a local thuggish dic- and security for the people of Amer- try, particularly for America. tator, Aslan Abashidze, who had ruled ican. We should not let the actions of a Even before the Iraqi war resolution this region for about 10 years. Thou- few do disservice to so many who have in 2002, we spent years supporting the sands of Ajaris are now out in the given their lives in this great and wor- passage of one resolution after another streets, bringing Georgia back to- thy cause. at the U.N. to make clear that the gether, throwing out this guy who had The damage done to our credibility Iraqi regime was an outlaw regime con- been really a ruthless local, small-scale in Iraq and the Middle East is going to demned by the international commu- dictator in the region, and bringing the be difficult to rebuild, but we must do nity. We engaged the American people. people back together of Georgia. that in earnest. People must be held After a thorough debate in the Senate This doesn’t get the publicity of accountable, especially those in the regarding the risk, this Congress over- Georgia’s ‘‘rose revolution’’ of last No- chain of command with direct control whelmingly voted to give the President vember, but the people are rising up over the prison system. Perhaps it is the legal authority to go to war in and saying they want democracy, they time this prison that has such a ter- Iraq. We decided as a nation we did not want to be part of this country. We rible legacy in Iraq in the Saddam era want America to compromise its moral need a change in leadership. They have simply be closed, torn down, and never authority by avoiding the demands of done it by nonviolent means. It is in- used as a prison again. leadership. We sought freedom for the spiring to read about and to see that Let’s keep in mind why we are in Iraqis and for that freedom to spread has taken place and that the Georgians Iraq. I met with Jalal Talabani. He is throughout the Arab world, and we de- who we are working with and sup- one of the key leaders of the Iraqi Gov- sired security for Americans. porting are getting this done. A num- erning Council. He is a gentleman with It is a heavy burden. At critical mo- ber of people celebrating this victory whom I worked over the years as we ments in world history, we have not are waving Georgian flags and Amer- moved forward in this country to con- hesitated to carry this burden places ican flags. A number of places in the front the dictatorship of Saddam Hus- far from home. Wherever we went, our world would not be standing free if it sein. men and women in uniform inspired weren’t for us, and they appreciate Let me give a very brief history les- others, bringing hope and freedom to that. son. He was involved in the Iraqi coali- millions. Mr. President, now speaking on Iraq tion, the diaspora. Actually, he is from I can quote a young man from Union and Mr. Negroponte’s nomination to the Kurdish part of the country, so he Town, KS, who died in Afghanistan. I the position of Ambassador of the was in country. He has been involved in talked with his mother about his death United States to Iraq, he is an emi- and his service. He died at 21 years of nently qualified individual. I have that group for some period of time age. His mother said: He e-mailed me worked with him in the Foreign Rela- seeking the United States to come for- home, and he said: tions Committee. He worked in Central ward and support the liberation of Iraq. I remind my colleagues, in 1998, we I would rather die for a cause than of one. America, and he has been our rep- passed the Iraq Liberation Act which resentative in the U.N. He is the exact How better do we summarize it than type of person we need to have in the called for regime change in Iraq. That that? He put his life on the line so oth- region. He will take us from being the was signed into law by President Bill ers in Afghanistan, on the other side of occupying power to a supporting role Clinton who supported it. Mr. Talabani the world, can be free. and not a governing role in Iraq. He un- was involved in that effort from the On the interrogations, I understand derstands that in a great way. Mr. outset. The Kurdish region has self- interrogations are necessary in a war Negroponte has great relationships governance and has had it for the past against a merciless enemy. But we around the world and he is a very wise 10 years and is doing remarkably well. have a long and honorable military tra- man. I think he will do an excellent job He reminded me of a poll recently dition that is certainly not reflected in for us. taken by CNN that had the Kurdish the photos from the Iraqi prison. Let’s We all lament what has taken place people supporting America and George be guided by the moral courage to ac- in the Iraqi prisons and the problems Bush by over 95 percent and thankful knowledge our mistakes and to change and images that created. But more for what is taking place, the liberating what needs to be changed, and we will, than the moral outrage this has gen- of their country and their region. and that is our pledge to the world. We erated, these terrible acts by a few do He also said this to me: It is shame- need to behave better, be more humble, a great disservice to the men and ful to us that we as Iraqis are sitting and understand that the war in Iraq, women who have already lost their down and not taking on the role of gov- and the broader war on terrorism, is lives in the effort to free Iraq and help erning and security within our country also a war of ideas and values. the people of Iraq to govern them- while American soldiers are being Those who threaten our soldiers, our selves. killed. diplomats, and even ordinary Ameri- I had a closed town hall meeting with He said: It is our duty—the Iraqis’ cans, as happened on 9/11, believe in soldiers at Fort Reilly. They had re- duty—to fight the terrorists, and we hateful ideas. We do not agree with cently returned from Iraq—about 300 must do this as soon as possible. those ideas. We need to help the people Army men and women who had come I agree, exclamation mark, and we of Iraq and others in the Middle East back and served for an extended stay in have to move in that direction. For understand this war of ideas; that it is Iraq. To a person, they were positive years, the people of Iraq suffered under not something we can do for them, about the events that have taken place the brutal dictatorship of Saddam Hus- they must do it for themselves. Only overall in Iraq. Yes, there have been sein. There will be a trial sometime the people of Iraq and the millions of problems and, yes, this is war. But they soon, hopefully this year, of Saddam Arabs who yearn for freedom can do would talk about helping the children; Hussein. The world will see the atroc- that. they would talk about opening schools; ities, the hundreds of thousands of peo- We must continue in our effort to they would talk about power services ple buried in mass graves as a result of give the Iraqis self-rule and free elec- being brought back to levels higher, to this man’s rule. tions. These are our aspirations for the pre-Saddam levels in that country. Yet few—except for some countries in Iraqi people, and they are their aspira- They would talk in glowing terms the region, Kuwait and Israel—dare to tions as well. It is up to them to have about what they are getting done on denounce Hussein for what he did to the courage to move on, to realize building a free, open, democratic Iraq. his own people. Especially those coun- these aspirations in a free nation that Yes, problems, yes, difficulties, and, tries we call our allies in the Middle will bring democracy to their country yes, lost American lives. We have had East, Egypt and Saudi Arabia, have and to the Middle East. 37 people stationed at Fort Reilly failed to assume the moral leadership We have in Ambassador Negroponte killed in this conflict. to tell about the Saddam Hussein re- the chance to start a new chapter. On

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4975 July 1, sovereignty will pass to the Negroponte. This is the most impor- It reveals deeply flawed thinking, Iraqis. Ambassador Negroponte has tant nomination for an ambassador and deeply flawed perception. enormous responsibility, and judging that we have considered in several dec- Diplomacy cannot be measured by by his background, I cannot think of ades. outcomes as expected by the anybody better qualified to do this. This moment is historic. multilateralists. This is a definition of In his capacity as the Ambassador to We are asked to approve the Presi- diplomatic success that becomes a eu- Iraq, I know he understands his role to dent’s choice for an ambassador to a phemism for subjugating national in- be fundamentally different from that country whose previous leadership was terest to international veto. of Ambassador Bremer. Whereas the an enemy to America, to its neighbors The citizens of Utah reject this CPA is the ultimate political authority and to its own people. That dictator- thinking, and they are correct. And I in Iraq, the Embassy will be in a sup- ship, the brutal and bloody regime of believe the rest of the country does as portive, not commanding, role. His role Saddam Hussein, was removed by force, well. is to provide support in democratiza- by a coalition of nations led by this If diplomacy cannot be measured by tion and rule of law, religious freedom country, in a military campaign where multilateral consensus, it should not and tolerance, economic reconstruc- we still face, every day, bloody resist- be shunted by unilateral arrogance. To tion, and security and counterterror- ance from the remnants of Saddam’s suggest, as many on the left seem to do ism. His mission will be to further co- Ba’athis regime, his criminal associ- these days, that this administration operation with the U.N., the inter- ates, and the international jihadists has ignored diplomacy is to, in my national community, and independent who have joined forces with the tat- opinion, ignore the facts. Iraqi electoral authorities, and all as- tered remnants of the Arab world’s This administration has been, in my pects of election preparation, which is bloodiest regime. opinion, extraordinarily engaged in the critical for elections for a transitional We are engaged in a conflict we can- international community. national assembly, no later than the not, and will not, lose and the Presi- No President since the founding of dent has shown that our military de- end of January 2005. the United Nations has been as respect- termination is matched by our polit- He will need to assist the U.N. in es- ful, solicitous and encouraging of the ical determination to return this coun- tablishing an independent electoral United Nations as has President Bush. try to its people, beginning with the commission, an electoral law, and a po- That he has done so without ever sacri- opening of an American embassy on litical parties’ law, encourage Iraqis to ficing the fundamental sovereignty July 1 of this year. establish effective governing institu- That we are providing our advice and that rests in our Constitution makes tions in Baghdad and the provinces, as consent on this ambassadorial nomina- him no less remarkable for the very well as a myriad reconstruction efforts. tion demonstrates that this President public appeals he has made directly to This will be a critically important area is dedicated to returning sovereignty the United Nations. because he will be responsible for hold- to the Iraqi people. Under the Presi- On November 10, 2001, fewer than 2 ing these projects to the highest stand- dent’s direction, Ambassador Bremer months after the most catastrophic ards of financial accountability. He has and the Coalition Provisional Author- terrorist attacks on our homeland in the responsibility to the American peo- ity, working with the international the history of the Republic, President ple that the money for Iraq will be community, now represented by U.N. Bush traveled from Washington to spent without waste and fraud, and in Special Envoy Lakhdar Brahimi, have speak before the U.N., where he recog- this context, he will need to encourage listened to Iraqi leaders and are hold- nized: Iraq’s new leaders to choose sound eco- ing to the deadline of June 30 for the The United Nations has risen to this re- nomic policies and enforce high stand- transfer of authority. sponsibility. On the 12th of September, these ards of integrity in public administra- That transfer of authority and the re- buildings opened for emergency meetings of tion. turn of sovereignty require that the the General Assembly and the Security Council. Before the sun had set, these at- Ambassador Negroponte will also U.S. political presence be transferred need to play a key role in building and tacks on the world stood condemned by the from the office of the administrator, world. And I want to thank you for this strengthening the capacity of Iraqi se- held by Ambassador Bremer, to a U.S. strong and principled stand. curity services to deal with both do- embassy, to be led, if this Senate ap- mestic extremists and foreign terror- Less than a year later, on the day proves, by Ambassador Negroponte. after the first anniversary of Sep- ists so that they patrol and deal with Jerry Bremer and John Negroponte tember 11, President Bush traveled terrorists in their country and our are two of the finest diplomats ever to from the White House to address the troops are garrisoned. He should con- serve this country. Their contributions General Assembly again, where he de- tinue to bolster the role of a robust throughout their careers reveal skill clared: multinational force, but mostly build and dedication that will set the stand- up the Iraqi force. ards for our diplomatic corps for gen- The conduct of the Iraqi regime is a threat Finally, he should make sure the role erations to come. to the authority of the United Nations, and of the U.N. does not come at the ex- a threat to peace. Iraq has answered a decade I truly hope that Ambassador of U.N. demands with a decade of defiance. pense of U.S. influence or interest, but Bremer, when his historic mission is All the world now faces a test, and the rather the efforts be well coordinated over with the CPA, will continue to United Nations a difficult and defining mo- and complementary. play a leading role representing our ment. Are Security Council resolutions to be Ambassador Negroponte has a big country to the world. honored and enforced, or cast aside without job. He is up to it, and I support his Ambassador Negroponte has rep- consequence? Will the United Nations serve nomination to be Ambassador for the resented our country to the world on the purpose of its founding, or will it be ir- United States in Iraq. many fronts, serving as ambassador in relevant? Mr. President, I yield the floor. the Philippines, Mexico and Honduras. The President answered the question: The PRESIDING OFFICER (Mr. Most recently he has served as perma- The United States helped found the United CHAFEE). The Senator from Oregon. nent representative to the United Na- Nations. We want the United Nations to be Mr. HATCH. Mr. President, what is tions, where he has been as our ambas- effective, and respectful, and successful. We the parliamentary situation? sador since September 18, 2001. want the resolutions of the world’s most im- The PRESIDING OFFICER. The ma- There are those who charge that this portant multilateral body to be enforced. jority side has 80 minutes. administration has been unduly unilat- Critics of this administration have Mr. HATCH. We are on the Negro- eral, caustic to coalition-building, and declared that our doctrine of preemp- ponte nomination? dismissive of the diplomacy necessary tion, not a doctrine new to this admin- The PRESIDING OFFICER. That is to winning the war on terrorism that istration, is incompatible with a desire correct. erupted on our land on September 11, for international consensus. Mr. HATCH. Mr. President, I stand 2001. This is simply not true. today in full support of the President’s Frankly, that charge, now becoming For a nuanced perspective, may I rec- nominee to be our first ambassador to a theme in a campaign year, leaves me ommend a review of none other than the new Iraq, Ambassador John D. baffled. Secretary General Kofi Annan’s words,

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4976 CONGRESSIONAL RECORD — SENATE May 6, 2004 in his address of October, 2003 before lition, can further contribute to the process If you want to support the transition the General Assembly? In that speech, of rehabilitating Iraq, both politically and to the first stage of Iraqi sovereignty, he was expected to denounce the doc- economically. as the President has committed to do trine of preemption. But while he stood I want to be clear that a vital United by the end of June, if you want to sup- by the principle of collective action en- Nations role does not come at the ex- port continuing our appeal to the shrined in article 51 of the U.N. Char- pense of the United States’ influence or international community to join in the ter, he recognized, as the honest man interests. Our efforts can be well co- historic cause of rebuilding Iraq, and if he is, that states which were threat- ordinated and complementary; there is you want to support this President, as ened had to respond, and that if the ample evidence across a broad range of he asserts his constitutional preroga- United Nations were to retain its legit- situations that a strong partnership tive to conduct diplomacy at this most imacy in the 21st century, it would with the international community, in- critical time in the history of our for- have to develop mechanisms to cluding the United Nations organiza- eign policy, you must support his su- tion, is in our strategic interest. promptly address the threats of this perb selection of John D. Negroponte I hope my colleagues recognize that new century. in supporting this nominee, we are sup- to be the first Ambassador to an Iraq In my view, this was a recognition, porting a man of exceptional experi- free of despotism. by the Secretary General of the United ence, a man who represents the best He is certainly going to have my Nations no less, that in dealing with thinking by this administration on the vote. I have met him in various nations Iraq, 12 years and 14 resolutions with- challenges we still face in Iraq. He is around the world. I have seen him in out resolve could not be the way the also a very good man, a good father, a action in diplomacy. I know what a United Nations retained its relevancy good husband. He is an example to us brilliant man he is, I know what a good in addressing the security challenges all. man he is, I know what a fine man he we face today. Let us be honest: The challenges in is, I know what a good family man he In that same week, President Bush Iraq remain large. is, and I know what he has meant to addressed the General Assembly yet a Our engagement there is historic, the diplomatic corps in this country, third time. And I note that no Presi- and our commitment to support this and I know what he has meant at the dent of the United States has addressed engagement until we achieve success United Nations. the General Assembly three times in must remain strong. I support him fully, and I hope every one term. He declared: As all of my colleagues, I have been other Senator in this body will support The Security Council was right to be shocked by the reports out of Abu him as well. There may be some who do alarmed about Iraq. The Security Council Ghraib prison in the past weeks. not, but if they don’t, they just plain was right to declare that Iraq destroy its il- I have been shocked and I have been do not know the man. legal weapons and prove that it had done so. disgusted. This is not an easy position. This is a The Security Council was right to vow seri- I join the people of Utah, and the position which will take a great deal of ous consequences if Iraq refused to comply. good citizens throughout this country, courage, a great deal of diplomacy, a And because there were consequences, be- in expressing how appalled we all are great deal of common sense, a great cause a coalition of nations acted to defend at the barbarous acts we have wit- the peace, and the credibility of the United deal of genius. This is the fellow who Nations, Iraq is free and today we are joined nessed. In the prison that Saddam Hus- can provide all that. in the General Assembly by representatives sein used to torture Iraqis, a few Amer- Mr. President, I suggest the absence of a liberated country. icans have engaged in acts that demean of a quorum. John Negroponte, as ambassador to Iraqis and besmirch the honor of Amer- The PRESIDING OFFICER. The the United Nations, stood by the Presi- icans in uniform. clerk will call the roll. Every day, members of the American dent during those three historic ad- The assistant legislative clerk pro- military are risking their lives in Iraq, dresses to the international commu- ceeded to call the roll. in order to bring about a better society Mr. STEVENS. Mr. President, I ask nity. for the Iraqi people. Today, the President has chosen our unanimous consent that the order for In combat, American military, the the quorum call be rescinded. current ambassador to the United Na- best trained in the world, have, time tions, John Negroponte, to be the first The PRESIDING OFFICER. Without and again, exercised restraint of force objection, it is so ordered. U.S. ambassador to an Iraq liberated in order to minimize civilian casual- from tyranny. Mr. STEVENS. Mr. President. I do ties. Sometimes that restraint has re- appreciate the opportunity to discuss Ambassador Negroponte has worked sulted in increasing the risk to our sol- my very good friend, John Negroponte, with the United Nations through this diers. That a handful of American sol- in support of his nomination to be the most historic of times. During this diers committing brutalities in one of United States Ambassador to Iraq. time, he worked closely with U.N. Spe- Saddam’s reclaimed prisons could John and I have known each other cial Envoy Lakhdar Brahimi on sup- occur is worthy of all of our outrage— porting Afghanistan after our forces not least because we are proud of the since 1977 with his appointment as Dep- deposed the Taliban. Ambassador honor and decency and sacrifice offered uty Assistant Secretary of State for Brahimi’s efforts to guide the transi- by the vast majority of our military in Oceans and Fisheries Affairs with the tion in Iraq from the Coalition Provi- Iraq everyday. rank of Ambassador. Because he han- sional Authority to sovereignty under We must expose what went on in Abu dled several fisheries negotiations of an interim government has, as my col- Ghraib prison. We must conduct full in- vital interest to my state, John was a leagues know, the support of President vestigations, and follow those inves- frequent visitor to Alaska. In 1978, Bush and his administration. tigations wherever they lead. Those John negotiated a breakthrough agree- Ambassador Negroponte understands who committed crimes must and will ment with the Government of Japan this. In his statement before the Sen- be held accountable. Respect for the which provided crucial protection for ate Foreign Relations Committee, he Iraqi people demands this, as does re- Alaskan salmon stocks from Japanese said: spect for the honor of all Americans in high seas fishing fleets. This agreement The prospect of legitimacy that the United uniform, and all Americans who sup- provided countless benefits to the Alas- Nations can bring to the process of political port them. kan fishing community which endure reconciliation is a point of crucial interest The security situation in Iraq is still to this day. in both the region and the broader inter- hostile. We face enormous challenges, I have also had the pleasure of work- national community. With an expanded challenges we will meet. We have ing with John in his subsequent assign- United Nations role in the political arena, I learned in recent days about the Presi- ments: as Ambassador to Honduras; as believe that it will be easier to generate the dent’s request for appropriations to Assistant Secretary for Oceans and international support that the successful re- International Environmental and Sci- habilitation of Iraq requires. Secretary Gen- fund our historic mission. This will eral Annan’s and Ambassador Brahimi’s con- lead to further debate, as it should. entific Affairs, as Ambassador to the tributions may well open the door to cre- Our duty as legislators is to render Philippines and more recently as U.S. ative thinking about ways in which the democratic scrutiny to the most im- Ambassador to the United Nations. In international community, as well as the Coa- portant issues before this government. each situation, I was able to witness

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4977 first hand his ability to manage large Ambassador Negroponte’s job will of clarity with regard to this tragic sit- and complex diplomatic missions and begin in less than 2 weeks with little or uation we see now with regard to the to observe his effectiveness and sensi- no definition about what he will be administration of prisons and detain- tivity in dealing with his foreign coun- doing. There are no secure or thought- ees. The fact is, no matter what we do, terparts. ful political or security plans in place. every time the administration executes Educated at Yale, he speaks five lan- We do not know who will be making one of these policies, there is a flip- guages fluently—something that I con- those judgments, how those people will flop. sider a true asset for this position. be chosen, their role, or what the true The PRESIDING OFFICER. The Sen- I believe President Bush, on the rec- definition of sovereignty in the context ator has 1 minute remaining. ommendation of Secretary of State of this June 30 transfer will be all Mr. CORZINE. The idea that we were Powell, has chosen extremely wisely about. We do not know how they will not going to have the U.N. involved; and well in his selection of John to be be selected. We do not know what the now we have the U.N. involved. We our Nation’s representative in Iraq. I role of the Ambassador will be with re- were going to have de-Baathification; also believe that at this point in time gard to those individuals. It is very un- and then we have reentry of Baaths. in our Nation’s history, it is vital to clear what sovereignty means. The issue of deployment of troops. have John at the helm in Iraq—we will By the way, put into the most dra- I am supportive of this Ambassador, need his expertise to help guide us matic terms today, what is the role of but it is high time we get a consistent, through the next few months. I can tell the new ambassador with regard to thoughtful policy that is vetted with you without any question, this man is what is happening to the prison more than a few, narrow interests in- one of the most distinguished public guards? Who will be responsible for side the Pentagon and maybe inside servants that I have had the honor of that? Sovereignty questions are totally the White House. We need to have a knowing and serving with. I know his unclear. We still do not have a struc- real discussion about the direction of family and I know this man. ture for our forces and how they fit in our policies on occupation and transi- With the unfortunate development and what we do going forward and what tion of political power and sovereignty. we have recently had in terms of the is the relationship with the United Na- It is too costly. conduct of some of the people involved tions. In the context of this series of events in the prisons in Iraq, I am confident This is a real problem. We continue that all Americans are repulsed by, we that John Negroponte is the man nec- with failed and confusing policies. need to stand back and say it is time to essary to be there, in Iraq, to represent They are true with regard to the U.S. be thoughtful and fully vet the kinds of our Government. He will represent us Ambassador. But they reflect the basic policies we are going to put in place be- well, and we will be very well served by incompetence we have seen with regard cause this is a long-term project. his confirmation. to our crippled occupation from the I yield the floor. I urge the Senate to quickly confirm start, some might even say our crip- Mr. BUNNING. Mr. President, I want John Negroponte as our Ambassador to pled war from the start, because we ex- to talk briefly about Ambassador John Iraq. I thank the Chair. ecuted this with real questions about Negroponte and support his confirma- The PRESIDING OFFICER. The Sen- what the justification was with regard tion to be the United States’ first am- ator from New Jersey. to weapons of mass destruction in rela- bassador to the free and democratic Mr. CORZINE. Mr. President, may I tion to al-Qaida. We have continued it Iraq. Not only will he be the first am- inquire of the time allocation for each with poor planning, or no planning, bassador to the free and democratic side? with regard to the occupation that has Iraq, but he will be the first ambas- The PRESIDING OFFICER. There been in place. sador to Iraq since the first Gulf War in are 10 minutes remaining. Right from the start, there were 1991. Mr. CORZINE. I request permission questions about what the force struc- Ambassador Negroponte is one of the to use 5 of those minutes and be in- ture needed to be on the ground. We most experienced diplomats in the formed when 4 minutes have been used have heard over and over again the State Department. His experience is of the time allocated. warnings General Shinseki gave us, necessary for this job because he will The PRESIDING OFFICER. Without several hundred thousand troops, dis- be assuming one of the most chal- objection, it is so ordered. missed out of hand by the Pentagon. lenging and important positions the Mr. CORZINE. Mr. President, like The administration has refused to talk State Department has ever had. you, I sit on the Foreign Relations about the cost of this occupation and Throughout his career in the State Committee and I reviewed the nomina- what the cost to the American people Department, Ambassador Negroponte tion of this experienced diplomat, our will be, aside from the tragedy of the has been stationed at eight different U.N. Ambassador, John Negroponte. I, loss of life. When there have been pre- posts covering most parts of the world. too, both in the Foreign Relations dictions, they have been so far off base While he has not been previously sta- Committee and on the floor, will have it has made no sense in the context of tioned in the Middle East, I have no voted for his confirmation. reality. doubt in his ability to handle the task I do that, acknowledging, however, The administration promised or ahead. His experience representing the there are legitimate questions that can thought we would be greeted as lib- United States at the United Nations be raised about previous concerns in erators. We have been anything but since September 11 and serving in na- his tenure as an ambassador in Hon- that. Seventy percent of the Iraqi peo- tions like Vietnam and Honduras dur- duras, and human rights violations ple believe we are occupiers. There has ing periods of turmoil will guide him which are so important in the context been serious resistance with the insur- during Iraq’s transition to democratic of some of the things that are of great gency. By the way, history would have self-government. concern to us today. shown that would be the indication Many challenges lie ahead for Iraq, But more troubling to me is the con- that would occur in the Middle East. including holding orderly elections, es- text in which this confirmation is actu- But we dismissed every single outside tablishing government bodies, recon- ally being considered. expert, Member of Congress, who might structing infrastructure and the econ- The reality is, once again we are have raised any questions about it and omy, and securing the country. The doing something on the fly. We are emphasized we had a coalition of the United States will be a partner for rushing to confirm an ambassador to willing that was anything but a serious Iraqis throughout the coming chal- maybe the most important choice and coalition. lenges. role we have. In and of itself, it is in- Ninety percent of the cost, 90 percent Critical to the successful transition dicative of the crisis we have in Iraq— of the troops, 90 percent of the effort, to a sovereign Iraq is the participation frankly, the mess Ambassador or more, were all American. It is an of the international community. Am- Negroponte will be walking into. American occupation. The administra- bassador Negroponte has earned re- If the administration—I am very tion continues with these failed poli- spect among his colleagues while rep- troubled about this—sticks with an ar- cies. As we go forward, I certainly resenting the United States at the bitrary, artificial June 30 deadline, think we see it very clearly in the lack United Nations. He will do a fine job

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4978 CONGRESSIONAL RECORD — SENATE May 6, 2004 working with other nations to help difference and we want to go back were severely misguided as well as Iraq flourish under the rule of Iraqis. there with our comrades so we can fin- those who suffered the shame and hu- In summary, I believe President Bush ish the job.’’ miliation of those acts. I have heard has made a fine choice in nominating I don’t believe anyone knows better many speak today about tearing down Ambassador Negroponte. I support his than those who are serving on the front this prison facility, and that is a good nomination and encourage my col- lines—those actually doing the work idea. Let’s rid the world of this terrible leagues to swiftly confirm him to this and living the dangers of life in a war prison and do it completely so that it vital position. zone every day. We have made a dif- will never house or harm another Iraqi. Mr. ENZI. Mr. President, I rise in ference in Iraq. We have removed a I hope that people in the United strong support of the nomination of brutal dictator from power and we are States and throughout the world will John Negroponte to be our U.S. Ambas- working with the Iraqi people to build remember that these deeds do not rep- sador to Iraq. When he takes his oath a nation based on democracy and free- resent the character of any but a few of office, Ambassador Negroponte will dom. We are continuing to make a dif- misguided American soldiers. This be our first ambassador to Iraq since ference every day in the schools we should not be the image that the world the Gulf War of 1991. help to build and operate, in the infra- has of our troops because it is not the I have had the pleasure of meeting structure we continue to improve and truth. I am pleased that action is being with the ambassador many times over repair, and in the sovereignty of the taken immediately to address this situ- the last 3 years. He was a member of people of Iraq which continues to com- ation. Charges are being levied, inves- the Foreign Service from 1960 to 1997 mand our deepest respect. We will con- tigations are continuing, and changes and he is currently serving as the U.S. tinue to make a difference through de- are being made to the prison adminis- Permanent Representative to the mocratization and the rule of law, eco- tration. We are blessed to have a truly United Nations. His leadership there nomic reconstruction, and security and exceptional military force whose image has been exemplary as he has provided counterterrorism. By supporting all should not be tarnished by the actions our country with a strong voice and a these areas, our diplomatic, civilian, of a few. presence at the United Nations that and military personnel will make a We have a job to finish in Iraq and we has been vital during these extremely lasting difference in the lives of the must not shy away from completing it. difficult times. His experience at the Iraqi people and they will, through The more rapidly the people of Iraq are United Nations gives him a great deal their efforts have literally changed the able to stand on their own, the sooner of insight into the thinking of the world. our troops will be able to come home. international community that will be I hope my colleagues will remember We have undertaken a job, and we can- invaluable in his new role in Iraq. that when we speak here on the Senate not afford to fail to complete the task Soon Iraq will be welcomed back into floor, our words are heard by those at hand. the family of nations and the rights brave men and women overseas. Our I have often heard it said that excep- and freedom so cherished by the people words are heard by their families and tional times call for exceptional people of our nation will become a part of their friends who make it possible for to lead us through them. We must have daily life in Iraq. Given our history in them to serve our Nation so well. They someone in Iraq who is able to fully the region, I am certain my colleagues are also heard by our enemies who look represent the United States at the time understand the wisdom of appointing to twist and distort our open discus- the Coalition Provisional Authority an experienced diplomat with an in- sions to make it appear that we have transitions out of the country. As the formed opinion and a vision for the in- lost our will to see this through to the chairman of the Foreign Relations stallation of a new government and the end. We must remember that fact each Committee stated this morning, we birth of a new nation of Iraq. time we speak. If you wonder how I cannot expect to wake up the morning During our consideration of Ambas- know if what I say is true, I can share on July 1 and have a fully functioning sador Negroponte’s nomination, I have my sources with you—our U.S. soldiers. U.S. Embassy. The time to plan for heard some of my colleagues express They have asked me more than once: that day is upon us and I encourage my their concerns about recent events in How come everything sounds so bad colleagues to join me in taking the Iraq. That is understandable, because back home when it is improving in first vital step by supporting Ambas- these are concerns we all share about Iraq? We keep hearing this rhetoric sador Negroponte’s nomination. With this sensitive region of the world. We which is based on the fight to win a the confirmation of this exceptional in- must not, however, allow those legiti- presidential election, and it has noth- dividual, we will ensure that we have a mate concerns to be politicized and ing to do with what is happening in strong U.S. voice on the ground and the used as a club against the President Iraq. Nonetheless, it has an impact on right person in charge who will show and his efforts to stabilize Iraq and in- the morale and safety of our troops. the world the level of our commitment troduce democracy there. Our soldiers’ I have spoken here on the Senate to Iraq. It will also underscore our de- lives are on the line and we owe them floor about the importance of sup- termination to make life better for every consideration while they are in porting our troops. I noted that we Iraqis for generations to come. It is a harm’s way. must remember to pray for our troops. dream we share with the Iraqi people Before anyone says I am being overly When we do, I think we should also be and, with the right people in charge, it sensitive to the rhetoric of a campaign praying for the opposition as well. We is a dream that will come true. year, let me share with you a few of should pray that the hearts of those we Mr. BAUCUS. Mr. President, I rise to the details about what happened during fight will soften, and they will realize express my great admiration of our a trip I took in April when I was able the role they are playing in the world brave Montana servicemen and women to visit wounded U.S. soldiers at and in Iraq. It is not too late for them in Iraq, Afghanistan and elsewhere in Landstuhl Regional Medical Center in to join us in the effort to build a better the world. These brave men and women Germany. Before we met them, I was Iraq for all its people. Praying can have put their lives on hold and on the anticipating they would need some en- make a difference, and it is up to all of line. Their families and their commu- couragement and we should try to lift us to do that every day. It is something nities—our communities—support their spirits after all they’d been we can do that is real and it has real them. These Montanans and all Amer- through. The opposite turned out to be power. With our faith, and our belief in ican soldiers are in our thoughts and the case. They encouraged me and our cause because it is just, we will prayers. We want them to come home strengthened my spirit and resolve to continue to provide the brave men and quickly and safely. see this through to the end. Every one women who serve in our armed forces, We need a plan to bring their mission of them, these brave men and women, their spouses and their families with in Iraq to conclusion. And we need the said to me—‘‘We are making a dif- the support and encouragement they administration to communicate that ference in Iraq. We know the people need and deserve by keeping them in strategy clearly to the world, and to there. We know our job. We are doing our thoughts and in our prayers. our brave troops. our job and the people are responding We also need to pray for those few I am deeply troubled by the allega- to what we are doing. We are making a soldiers at Abu Ghraib whose actions tions of abuse of Iraqi prisoners. I was

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4979 horrified by the images we have seen For the moment, having given a clear been there many times before, in the over the last week. Our nation, which signal, I suggest the absence of a sense of very difficult situations, tor- our men and women are serving with quorum and ask the time be charged tuous circumstances, dangerous predic- such honor, must lead by example if we equally to both sides. aments, ways in which he had to work want to win the global ‘‘war of ideas’’. The PRESIDING OFFICER. The with the elements of whatever adminis- Although we know the vast majority clerk will call the roll. tration he served, that may or may not of our men and women in uniform are The assistant legislative clerk pro- have agreed with his point of view, but serving honorably, these allegations of ceeded to call the roll. at the same time, through his experi- abuse demonstrate that we are not giv- Mr. BIDEN. Mr. President, I ask ence and the gravity he brought to the ing our troops all of the support that unanimous consent that the order for issue, he was persuasive and effective. they need. the quorum call be rescinded. Finally, I conclude by saying John These images of prisoner abuse are The PRESIDING OFFICER. Without Negroponte is not any more certain not at all consistent with the prin- objection, it is so ordered. than Senator BIDEN or I am of precisely ciples I know our men and women in Mr. BIDEN. Mr. President, we are what is going to happen day by day in the Armed Forces hold clear. Our men about to vote. I had an opportunity to Iraq. It is a day-by-day story. And that and women went to Iraq to protect this speak earlier today. Let me conclude is not all bad, in the sense that some- Nation, to make the world a safer and then yield back whatever time re- times we make improvements day by place. They have performed admirably mains by saying Mr. Negroponte is a day. Sometimes we are able to listen to under harsh conditions, sometimes serious diplomat with significant expe- the evidence, try to take a look at the with insufficient equipment, because rience. When he appeared before our rest of the world, talk to other people, they believe in their mission. I believe committee, he impressed me that he consult more broadly. in them and I will continue to make was more likely to be straightforward But the fact is, I believe Ambassador sure that they get the support they and unequivocal in answering our ques- Negroponte is prepared to consult. He need. tions. is prepared to talk. He is prepared to What our troops need now more than I will end where I began. I quite open up. He is responsive to our com- ever is visionary leadership. They Need frankly think we owe him and his wife mittee, to the Senate and, I believe, to to know what their mission is and a debt of gratitude for being willing to the Congress and, therefore, through when that mission has changed. They take on what, without exception, in my us, to the American people, the people must be trained for that mission and view, is the most difficult and, at this we serve. given all of the resources they need for moment, most dangerous job in U.S. di- The final point I want to make in it, be it body armor or bottled water. plomacy. this debate is I believe Members of the In order to win the war of ideas and I urge my colleagues to vote for Mr. Senate are not unreasonable, I believe make the world safer, we must share Negroponte, notwithstanding that they members of our committee are not un- our vision of how to win the global war may feel, as I do, that this administra- reasonable, in asking for discussion on terrorism. Sharing the vision to win tion’s policy on how to handle the cir- and consultation during these very dif- means building effective, lasting part- cumstance in Iraq has been seriously ficult times, because the support of all nerships with not just other countries wanting. of us—Democrats and Republicans, and governments, but international in- Do not confuse the lack of a coherent Americans—is going to be required. stitutions. The whole world benefits policy, from my perspective, anyway, I appreciate, on very short notice, from a stable Iraq. The U.S. needs to with a lack of competence and ability the preparation for the hearing of the work together with other nations to of Ambassador Negroponte. I urge a yes Ambassador. But I had the feeling he share the risk and responsibility U.S. vote on Ambassador Negroponte. did not need much notice; that, as a forces face today. Mr. President, I yield the remainder matter of fact, he has been thinking Sharing our vision of how to win the of my time. about these issues for a long time. His war on terrorism also means ensuring The PRESIDING OFFICER. The Sen- responses indicated a degree of both exemplary leadership for every private ator from Indiana. maturity but, likewise, willingness to first class in the United States armed Mr. LUGAR. Mr. President, I appre- listen that I found very appealing and services. We want to ensure that the ciate again the assistance of the distin- reassuring. unconscionable actions of a few mis- guished ranking member of the Foreign I encourage Members to vote for him guided soldiers do not endanger the Relations Committee, Senator BIDEN, so he might proceed to his duties. mission of the thousands who work day and, for that matter, all members. Having said that, Mr. President, I in and day out to fulfill that vision. Many of the members of our com- yield back the remainder of the time This is why I supported the Presi- mittee, of which the distinguished available on our side and ask that the dent’s nomination of Ambassador Chair is a member, have spoken today, Chair pose the question. Negroponte to be Ambassador to Iraq. and have indicated they plan to sup- Mr. President, I ask for the yeas and This administration must demonstrate port John Negroponte, as I will. nays. The PRESIDING OFFICER. Is there a that it has not only the determination I think one reason why the com- sufficient second? but also the vision to win the war on mittee has this feeling is that we ap- preciate the fact he has been forth- There is a sufficient second. ideas that the war on terror truly has The question is, Will the Senate ad- coming in response to our questions. become. vise and consent to the nomination of He understands the gravity of the situ- Now is the time when we must share John D. Negroponte, of New York, to ation and its complexity. He does not our vision with the troops who serve be Ambassador Extraordinary and have a doctrinaire point of view, but with dignity and honor, with the Amer- Plenipotentiary of the United States of clearly recognizes the political reali- ican people and with the world. America to Iraq. The PRESIDING OFFICER. Who ties in Iraq, in this country, and in our The clerk will call the roll. yields time? international relations. The assistant legislative clerk called Mr. LUGAR. Mr. President, I inquire As a part of his responsibilities at the roll. of the Chair how much time remains on the United Nations, even as we speak, Mr. MCCONNELL. I announce that both sides. he is working with other nations on be- the Senator from Wyoming (Mr. THOM- The PRESIDING OFFICER. The mi- half of the best ideals of our country, AS) is necessarily absent. nority has 5 minutes and the majority and is attempting to bring to the peo- Mr. REID. I announce that the Sen- has 60 minutes. ple in Iraq the full possibilities that ator from Massachusetts (Mr. KERRY) Mr. LUGAR. Mr. President, in a mo- might come from much more intense is necessarily absent. ment I will ask for a quorum call and and favorable and constructive rela- The PRESIDING OFFICER (Mr. COR- then shortly after that, ask unanimous tions with the United States and its al- NYN). Are there any other Senators in consent all time be yielded back and lies. the Chamber desiring to vote? we proceed to the question on Ambas- I was impressed in our hearing with The result was announced—yeas 95, sador Negroponte. Ambassador Negroponte, that he has nays 3, as follows:

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4980 CONGRESSIONAL RECORD — SENATE May 6, 2004 [Rollcall Vote No. 85 Exe.] appropriate at this time, when all of us We cannot erase what has been done. YEAS—95 are tremendously frustrated about We can apologize for it. We can express Akaka Dodd Lott what has gone on in a certain Iraqi our outrage. We can say to the Amer- Alexander Dole Lugar prison. ican people and to the people of the Allard Domenici McCain Expressing the sense of the Senate world, this is not our way and we do Allen Dorgan McConnell that the Abu Ghraib prison must be de- Baucus Edwards Mikulski not condone it, but we cannot change Bayh Ensign Miller molished to underscore the United it and we cannot erase it. I think what Bennett Enzi Murkowski States’ abhorrence of the mistreatment we can do is make the broadest state- Biden Feingold Murray of prisoners in Iraq. ment we possibly can symbolically by Bingaman Feinstein Nelson (FL) Whereas the Abu Ghraib prison was Bond Fitzgerald Nelson (NE) leveling this prison. Boxer Frist used by Saddam Hussein to execute and Nickles Breaux Graham (FL) It seems as though the demons of the Pryor torture thousands of men, women and Brownback Graham (SC) Reed children; Saddam regime carried on in the dis- Bunning Grassley Reid guise of Americans who under ordinary Burns Gregg Whereas Saddam Hussein and his Roberts Byrd Hagel Special Security Organization oversaw circumstances would not have been Campbell Hatch Rockefeller conducting themselves in this way. Santorum the execution of thousands of pris- Cantwell Hollings oners; Carper Hutchison Sarbanes I do not believe in those ghosts, but Chafee Inhofe Schumer Whereas Abu Ghraib prison is notori- I do believe the message that can be Chambliss Inouye Sessions ously known as a death chamber by the Shelby sent is a very strong one: We do not Clinton Jeffords Iraqi people; condone this kind of behavior. The Cochran Johnson Smith Whereas the Abu Ghraib prison is ar- Coleman Kennedy Snowe very behavior we went to eradicate Collins Kohl Specter guably the largest and most feared needs to be eradicated once again. Conrad Kyl Stabenow prison in the Arab world; Those who are criminally responsible Cornyn Landrieu Stevens Whereas it is widely known that one must be held to the letter of the law, Corzine Lautenberg Sununu of Saddam’s sons, in one day, ordered Craig Leahy Talent and those who are responsible in the the execution of 3,000 prisoners at the Crapo Levin Voinovich chain of command must also be held to Daschle Lieberman Warner prison; DeWine Lincoln Wyden Whereas the recent reports of the the highest standards of our military. NAYS—3 atrocities and abhorrent mistreatment I think we can say to the Iraqi people Dayton Durbin Harkin of Iraqi prisoners in the Abu Ghraib more than we are sorry, which we are, prison are un-American, do not rep- more than we wish it had not occurred, NOT VOTING—2 resent our values, and have sent the that we stand with them to eradicate Kerry Thomas wrong message about the United States this kind of behavior once and for all, The nomination was confirmed. intentions in Iraq; at least in that prison. Perhaps sym- Mr. LUGAR. I move to reconsider the Whereas the American people will bolically it will help all recognize this vote. not tolerate the mistreatment of Iraqi kind of behavior is unacceptable any- Mr. CRAIG. I move to lay that mo- prisoners; place in the world. tion on the table. Whereas the American people view this prison as a symbol of evil, and I have traveled with my colleagues to The motion to lay on the table was various parts of the world, to South agreed to. where past cruel torture and mistreat- ment occurred; Korea, the Baltics, Afghanistan, and The PRESIDING OFFICER. Under Iraq, and those photos do not represent the previous order, the President shall Whereas the American people would like to rid the world of this evil place those men and women who serve our be immediately notified of the Senate’s Nation honorably or share the values action. where past and, unfortunately cur- rently reported mistreatment has oc- we Americans hold dear. f curred; This prison was the tool of a violent, LEGISLATIVE SESSION Now, therefore, be it Resolved, That repressive regime. It is as much a sym- it is the sense of the Senate that the The PRESIDING OFFICER. Under bol of Saddam’s regime as the statues Abu Ghraib prison, also known as the the previous order, the Senate will now honoring him throughout Iraq. It is Baghdad Central Detention Center, be return to legislative session. even more so in many respects because completely demolished as an expres- The Senator from Idaho. it represents the truth of what his rule sion and symbolic gesture that the was. Just as those statues were torn f American people will not tolerate the down, so should this prison be torn ORDER OF PROCEDURE past and the current mistreatment of down. This place has become a symbol prisoners. of abuses and atrocities first under the Mr. CRAIG. I ask unanimous consent We are offering this sense-of-the-Sen- that the Senator from Nebraska and I regime and now sadly with the new ate resolution today because we believe acts committed by our troops. We need be allowed to speak as in morning busi- it is a profound and clear expression of ness for no more than 10 minutes. to make a clean start. What happened the American people’s concern and it is in that prison is not American. It does The PRESIDING OFFICER. Without a sense of this Senate that we do not objection, it is so ordered. not represent our values, and we need accept the treatment that has gone on to let the rest of the world know in the Mr. REID. Reserving the right to ob- there of Iraqi detainees. ject, we would like 10 minutes fol- most visible way possible that these I yield the floor now to my colleague acts which were committed in that lowing the Senator from Idaho as in from Nebraska for a similar expression, morning business. prison are not the American way and and I send this resolution, as proposed, not the way America conducts itself. The PRESIDING OFFICER. Is there to the desk. objection? Without objection, it is so The PRESIDING OFFICER. The reso- We need to make a break from the ordered. lution will be received and appro- past. We need to level this prison. The The Senator from Idaho is recog- priately referred. symbol of atrocities, this home of nized. The Senator from Nebraska. abuses, should stand no longer. Let Mr. CRAIG. I thank the Chair. Mr. NELSON of Nebraska. I thank that be our stand, to tear down the f my colleague from Idaho for this op- prison, to hold those accountable who portunity to express our outrage at the have engaged in such activities as we DEMOLISHING ABU GHRAIB behavior of Saddam’s henchmen and have held Saddam accountable, and let PRISON for the disgust we have for what some us move on so we can say to the people Mr. CRAIG. Mr. President, today the misguided soldiers apparently did in of the world, this is a new start, a Senator from Nebraska and I are intro- conjunction with the trust they had break from the past. Let us join with ducing a sense-of-the-Senate resolu- imposed on them in conjunction with the Iraqi people in building a new Iraq, tion. I will read it because I think it is prisoners. one that is founded not on the abuses

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4981 of Abu Ghraib but on the hope for to- zens. So it is not a prison, and it never I am glad the President of the United morrow. We can share the values to- was converted into a prison, apparently States went on Arab television yester- gether to eliminate abuse, to eliminate not even during the time that we have day to express his personal feelings these atrocities and to set the record been able to administer it. about how terrible these events were, straight for the rest of the world. Mr. BREAUX. With the explanation I and to make it clear that America does I yield back any time to my col- think that clears up a great deal of my not accept this conduct. I wish the league from Idaho. concern, and I intend to support it. I President had extended an apology to The PRESIDING OFFICER. The Sen- thank you. the Iraqi people and all who were of- ator from Idaho. The PRESIDING OFFICER. The fended by this shameful episode. It Mr. CRAIG. I thank the Senator from Democratic whip. would have been an easy thing for him Nebraska for his support of this effort. Mr. REID. How much time is left to do. It would have expressed a sense Mr. BREAUX. Mr. President, par- under the control of the Senator from of humanity and a sense of justice, liamentary inquiry: Is the time con- Idaho? which we expect of an American Presi- trolled? How is the time yielded? Mr. CRAIG. I yield the remainder of dent. He did not. I wish he had. The PRESIDING OFFICER. The Sen- our time. But now we have to ask ourselves ator from Idaho has 3 minutes remain- Mr. REID. I yield our 10 minutes to how should we, as a people, react to ing. the Senator from Illinois, Mr. DURBIN. this? I am going to suggest one way we Mr. BREAUX. I would like to ask a The PRESIDING OFFICER. The Sen- should not react to this. I have in my question. ator from Illinois. hand a transcript from a syndicated Mr. DURBIN. Mr. President, I lis- Mr. CRAIG. I yield to the Senator for radio program of May 4, by Rush tened carefully to this debate by my a question. Limbaugh. Oh, he is well known around colleagues. We can join in the debate Mr. BREAUX. I probably should not Washington, around the world. I want as to whether the destruction of the be getting into this because I have not to read what Mr. Limbaugh said in re- building is an appropriate symbol of looked at it, but it seems that the action to this scandalous episode in- our shame and outrage at what hap- sense of the resolution is the prison volving the torture and abuse of Iraqi pened to the Iraqi prisoners. The fact should be destroyed. I do not think it prisoners. is, after the invasion, this Saddam Hus- was so much a problem with the prison His caller, on May 4, asked as fol- sein torture chamber or prison was ex- as it was with people who ran the pris- lows: tensively remodeled by the U.S. tax- on. It is not the physical plant that It was like a college fraternity prank that payers. Tearing it down will, as the stack up naked men. caused the problem. It is the people Senator from Louisiana suggests, re- And Mr. Limbaugh replied as follows: who were running the prison. sult in the need to build another at the Exactly. Exactly my point! This is no dif- If we do demolish a prison, are we not expense of the U.S. taxpayers. going to have to build another one? It ferent than what happens at skull and bones If this symbol, though, can move us initiation and we’re going to ruin people’s seems to me what we ought to be advo- any closer to expressing our sense of cating is not the demolishing of the lives over it and we’re going to hamper our outrage and shame to the people of military effort, and then we are going to prison but the replacement of the peo- Iraq and to the Arab and Muslim na- really hammer them because they had a good ple who were running the prison with tions around the world, then that ex- time. You know, these people are being fired professional people who understand pense, as far as I am concerned, is at every day. I’m talking about people hav- how to treat prisoners. money well spent. I am open to that ing a good time, these people, you ever heard The problem is not the physical suggestion. of emotional release? plant. The problem is the people run- I would like to reflect for a moment Rush Limbaugh said in describing ning it. I am sort of concerned if we de- on the larger issue that has been the sadistic torture of Iraqi prisoners. molish the prison we are going to have raised, not just in this Chamber today And then Mr. Limbaugh, in his infinite to end up building another one because but around the world over the last sev- wisdom, went on to say: we are going to have prisoners who are eral days. As a member of the Senate You ever heard of need to blow some steam going to have to be dealt with over Intelligence Committee, yesterday I off? there. spent several hours in a hearing with Rush Limbaugh. I am embarrassed Mr. CRAIG. The Senator from Lou- representatives of our military and ci- that this man, who supposedly speaks isiana makes an excellent point. There vilian agencies involved in Iraq, where for so many people in America and is will be a need for a prison to detain we poured over every gruesome, grisly, listened to faithfully by so many peo- people. This is a very large complex. It sickening detail of this abuse of Iraqi ple in America, would be so callous, so is also phenomenally symbolic of the prisoners. I cannot disclose what was insensitive as to make those state- evil of Saddam Hussein where within said in that room. What I am about to ments. Trust me, they will be repeated, those walls literally thousands of say is based exclusively on those public not just on the floor of the Senate, but Iraqis were killed. It was known as the pronouncements and things that have around the world by our enemies as an death center. Symbolically what we do been available in the press. I want to indication that we are not taking this is very important. Tragically, what we make that clear at the outset. seriously. have done or allowed to happen is very I will tell you about yesterday. I President Bush struck the right note important. I think what the Senator can’t remember a sadder day in my yesterday. We are taking this ex- from Nebraska and I are saying is, let service in Congress than the time I tremely seriously, and we should. The us look at the death chambers them- spent in that intelligence room. To reason is obvious. What happened in selves and tell the Iraqi people those think any human being would do that those prison cells was a complete chambers will no longer stand. I be- to another person is unthinkable. To breakdown of leadership, a complete lieve that is an important expression. think that an American would be in- breakdown of discipline. It is clear that Words are one thing; actions are clear- volved in that is something I never some are being held accountable for it ly another. I believe symbolically what would have believed. And to imagine already, and the investigation con- we say today, or what the Senate of the that someone wearing the uniform of tinues. Some of my colleagues have United States could say and should our country would have been in some come to the floor and said this inves- say, is important. way associated with that activity is tigation should go all the way to the Mr. NELSON of Nebraska. Mr. Presi- something I would never, ever have ac- top. I will keep an open mind on that dent, my response to my friend from cepted. Yet it is a reality, and the re- issue. I want the Secretary of Defense Louisiana is if this had been a prison, ality is it was not one isolated inci- to have his day in court, his moment to I would say let us continue it as a pris- dent. It was a series of incidents in- explain when he learned of this and on and change simply the administra- volving the killing of prisoners, the sa- what he did about it; frankly, what ac- tion, the prison guards. But it was distic, wanton, and blatant mistreat- tion he took to avoid this from occur- never a prison. It was a place of abuse ment of prisoners, and it is something ring. and atrocity, a death chamber for which, sadly, this United States of But there are several things I think thousands and thousands of Iraqi citi- America must face up to. we should keep in mind. No. 1, the men

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4982 CONGRESSIONAL RECORD — SENATE May 6, 2004 and women of this reserve unit who demonstrate to the world who we real- copout from responsibility. We hide the were called on to run this prison rep- ly are? Blowing up a building is one deficit. We do not pay the costs of the resented a military police unit without thing, but building a life and building a war. We hide behind all these other training in detention and corrections. school and building a health clinic is things. Now all we have to do is remove There is never an excuse for this in- another. It is clear evidence of who we the building, and if they cannot be humane and barbaric conduct but the are as an American people. aware of it, they will not care. fact is, time and again since we in- I look at the situation in Iraq today. This thing happened in January. vaded Iraq, we have given assignments It is much more troublesome than it What we have on foot is the exact ‘‘tor- to our men and women in uniform, as- was even a week ago. In April, the ture-gate,’’ I guess you would call it. signments that they were never trained bloodiest month in this war for Amer- From January to May, we have not to do. We have asked them to establish ica since our invasion, we lost more heard anything about it. This Senator civil order in Iraq when they were troops, we suffered more injuries than has not heard anything about it. Now trained to invade and defeat an enemy. in any single period. I make it my re- we have all of these ‘‘whereas’’ clauses, We asked them to be traffic cops and sponsibility to try—and sometimes I and this is what Saddam did, and it did university security. We have asked cannot—to call every Illinoisan who not bother us. We did not put in a reso- them to guard museums. We have has lost a soldier. God bless them, lution about it. In fact, we went there asked them to do things that were be- every single one of them, so proud of and spent good money to clean it up yond their skill and beyond their train- their son or daughter, husband, wife, and we put a prison there. ing, and this is another example. killed in this conflict. And they should Maybe after we take some responsi- Second, let me tell you this. We can- be proud. They have served our coun- bility, then maybe this kind of resolu- not ignore the reality that the people try. They should be proud of the con- tion would be in order. The first act we are still holding in detention, be- tribution a member of their family has and the first reaction officially of the cause of the war on terrorism, are the made to this country. Senate is going to be, let’s tear down next questions to be asked by the However, this situation is getting the building. The building is not at world. If this happened in Iraq at the perilously complicated and so far from fault. It is the people in the building Abu Ghraib prison, what is happening the resolution we hoped for when we who are at fault. at Guantanamo Bay? We have to be made the invasion of this country. Our I will not be able to vote for this non- prepared to answer those questions. We war on terrorism is going to be com- sense. I have never seen a crowd that have to be transparent and open in our plicated as well. We need to develop a absolutely will not accept responsi- treatment of these prisoners, and we sound strategy for the Iraqi situation bility for the war, for the costs of the have to accept the obvious. We have and for our war on terrorism. We need war, the cost of government, and now held and detained hundreds of people to concede that many of the things the responsibility here. Their first re- without charge, without benefit of that seemed so obvious and so easy action is a lot of ‘‘whereas’’ clauses counsel, and without communication, have failed us so far. about Saddam and nothing about us, We heard predictions early on that in some cases for more than 2 years. other than that is not our way of life, the Iraqis would greet us with open There reaches a point where the United and everything else of that kind. Let’s arms, move toward democracy, and we States needs to either charge these find out that is not our way of life by would start turning over control of the people with wrongdoing or release fixing some responsibility in this Gov- nation to them. It sounded like a great them. ernment. Once that is done, bring on goal. Clearly, we were wrong. It has We are going to be asked by the the ‘‘whereas’’ clauses about Saddam’s not happened. It is not likely to happen world: If Abu Ghraib was a scandal, prison. how are you treating the other detain- soon. The administration will ask for more I suggest the absence of a quorum. ees and the other prisoners who are in- money—$25 billion—to support our The PRESIDING OFFICER. The volved as well? troops. Although I voted against this clerk will call the roll. We should accept the reality, too, The legislative clerk proceeded to that what happened in this prison, war, I will continue to vote for every dollar this administration asks for to call the roll. sadly, is going to make our mission in Ms. CANTWELL. Mr. President, I ask keep our troops safe and to bring them Iraq that much more difficult and that unanimous consent that the order for home safely. We must continue to ask much more dangerous for the brave the quorum call be rescinded. the hard questions: What is the strat- men and women in uniform who still The PRESIDING OFFICER. Without egy? What is the plan? Where is the serve our country so well as I speak. It objection, it is so ordered. leadership? How can we bring our has become a recruiting poster, the Ms. CANTWELL. Mr. President, I ask troops home from Iraq with a mission photos of this abuse and torture, a re- unanimous consent to speak as in cruiting poster for those who hate us truly accomplished? Sadly, today we are further from morning business. around the world. Some would say we that goal than we were just a few short The PRESIDING OFFICER. Without need to condemn it by resolution; we days ago. I hope that during the course objection, it is so ordered. need to tear down the prison. All of of the debate on this important resolu- f these are important words and impor- tion on the scandalous activity at the tant symbols. But we need to do more. EXTENSION OF EMPLOYMENT prison we can find Senators of both po- We need to try to establish bridges of BENEFITS litical parties coming forward, trying communication and bridges of under- Ms. CANTWELL. Mr. President, I to find common ground to reach our standing with Arab States and Muslim rise to talk about the unemployment goal in the Middle East. trust fund issue that has us basically states and the people who live there I yield the floor and suggest the ab- stalled on Senate business; the fact who, in these images of torture, will sence of a quorum. believe they see the real United States. The PRESIDING OFFICER. The that several weeks ago we had an un- That is not who we are. We are a caring clerk will call the roll. employment benefit amendment that people, and we need to demonstrate The legislative clerk proceeded to was part of the UC request for amend- that. call the roll. ments to the FSC/ETI bill done, and Beyond tearing down buildings, can Mr. HOLLINGS. Mr. President, I ask yesterday it was in the queue to be we talk about building things up? Can unanimous consent that the order for considered; then after it was actually we talk about investing our resources the quorum call be rescinded. offered on the floor, after 10 minutes of and talents in the United States, to The PRESIDING OFFICER. Without debate and discussion, basically the reach out, as the President has asked, objection, it is so ordered. amendment was pulled. Somebody ob- in the global AIDS fight, to Muslim na- Mr. HOLLINGS. Mr. President, I take jected to scheduling a vote on it. tions that are struggling, to reach out it we will be voting on a resolution For weeks we have been assuming to struggling countries, Muslim and with respect to the Saddam prison. there was a finite list of amendments otherwise, to provide school feeding It strikes me, what I have just heard and it was agreed that this amendment programs for children, to once again in the last few minutes, as a typical was going to be voted on. I don’t even

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4983 know that we need to have more time If the benefits are not reinstated, then I which is a tax credit that is under in- to discuss it. will have to seek getting other assistance vestigation by another Senate com- I know now that there are those on until something comes up. All the jobs I mittee—$2.8 billion. That is roughly the other side of the aisle who don’t have applied for, I have either not been the cost of what it could take to extend want to have a vote on it. Maybe lead- called back, am under qualified, or over the unemployment benefit program for qualified. ership will be able to work out an another 6 months—a little more than agreement to have a vote. But when we This shows the humor of my con- $5 billion. Yet we are very comfortable have moved toward giving the Amer- stituent: today in making a decision to give all ican people some hope that we were Most of the time, there are no numbers to these tax cuts and tax breaks away, going to discuss unemployment bene- follow up on, since they are handled via an but we are not going to help the Amer- fits in support of those millions of automatic online HR recruiter. So I am not ican workers with a fund they have even sure if there are real people out there workers who have lost their jobs, they really looking for someone to fill a position. paid into. We are going to hold that find out now there may not be a vote at I have between 2 and 3 viable job opportuni- hostage as some sort of mark against all. ties per week that I apply for. So far, I have our deficit, when it is a trust fund they I don’t think it is surprising that the been interviewed only 5 times. At the time of have paid into and, instead, we are Dayton Daily News last month basi- my unemployment, I thought it would only going to pass a bill called a ‘‘jobs’’ bill cally said the GOP leaders were still be a temporary position. However, the jobs without actually taking care of people dodging the jobless. That newspaper, in are just not out there and I am required to that have not gotten the support. a State with high unemployment, make at least $30,000 annually, even after my I am amazed we are in this situation. thought we were not doing our job bankruptcy, to maintain my home and my I think the Dayton paper had it right. daughter’s day care responsibilities. here, that those on the other side of I live in a small house that was built in People are dodging the jobless. They the aisle were still trying to dodge the 1947 and pay roughly $1,100 in monthly pay- are dodging this issue. issue. I can tell you we are not getting ments on the mortgage. My car is 15 years Let’s talk about the specifics. There a vote. It certainly feels at this point old and in need of repair. My average bills are 1.5 million Americans who are cer- in time as if somebody is dodging the are $2,000 a month, which are hard to keep up tainly without help and assistance. issue. with, health care being so expensive. I don’t This is 1.5 million Americans who, as of I wonder if my colleagues on the want to lose my home, since that would not December 31, exhausted their benefits other side of the aisle, or my col- be in the best interest of my daughter. Be- such as the constituent I just men- sides, I don’t think I could get much cheaper leagues in general, have thought about tioned. They are going through the rent than what my current mortgage is. My same situation she is going through. the circumstances of the individuals in property is my retirement. this country and the tough times they I am scared to death that I won’t have any- They are trying to figure out, now that are facing. I know we see the face of thing to fall back on after working this hard the State benefits have expired, and the Iraqi people every night on tele- for the last 26 years of my life. I don’t quite there are very few jobs created—cer- vision. Maybe it is too hard to put 1.5 understand why I can’t get the extended ben- tainly not in a fast enough time pe- million Americans who are unem- efits until there are more jobs available, or riod—that they are going to have to be ployed on the 6 o’clock news. But they at least until the Government puts an end to like my constituent; they are making the outsourcing of jobs to foreign countries. still exist. They, too, are still strug- very tough choices. Because we don’t I have even pursued reeducation to a dif- see those choices on the 6 o’clock news gling. They, too, are looking for our ferent field, but was told that I made too support and help. doesn’t mean they are not happening. much income last year, and it would take a Let’s look at some of the toughest I want to share with you a letter I cost of $10,000 for retraining in the health got from a constituent. It is posted to care field. parts of the country that have had to our Web site because we have had so Now, without unemployment benefits, be- deal with this issue. You can say many people responding and telling cause my benefits have been exhausted, a maybe not every State is in this situa- their stories. This one individual from student loan would not be funded. Do you tion. Certainly different regions have have any suggestions how I can get food my State said: been hard hit. Certainly the Midwest stamps or aid or, in the meantime, how I can has. I am a 41 year old, recently divorced, with find any kind of time line when we might ac- This chart shows the number of peo- a 5-year old daughter. I had worked for Nord- tually get a vote? I don’t understand why the strom for over 22 years, when I was suddenly ple in these States that have exhausted President would not want to help his own State benefits. They are still unem- without a job last August, and my unem- first, before those suffering in other parts of ployment benefits just ran out, which put me the world. ployed and they would be helped by our into a bankruptcy position. I only have mini- Federal program. They would be helped mal child support and no other income at the I think that letter sums it up. This is by the $13 billion that exists in a Fed- moment. not somebody who hasn’t been in the eral account—if only this body and the I was earning $47,000 annually prior to my workforce. She was in the workforce 20 other body would say, yes, you can job elimination, and had existing respon- some years. This is not a person who have access to it. sibilities based on that income, which I can didn’t have skills and didn’t help her Illinois has almost 70,000 people, who no longer pay since my benefits have been company actually try to modernize and are like the constituent I read a letter eliminated. Being a single parent with a improve productivity. She did that. It home and a 5-year-old to take care of, I have about, who need help and support. In never been in a more desperate position in is not somebody who is sitting around other parts of the Midwest, Michigan my life. not trying to find a job. She is doing has 66,000; Ohio, 42,000; Pennsylvania, I want to work very badly. However, I have that, too. As she clearly stated, she 69,000, almost 70,000 workers who qual- not been successful in getting hired back at cannot find a job. So now she has been ify for health and assistance. Nordstrom or any other company. The IT forced into a bankruptcy situation, is I do not even know that these people market has declined, and my job was elimi- being threatened with losing her house, understand that the debate on this pro- nated due to 7-year restructuring of the IT all because we are sitting on the Fed- Department, which included the company’s posal is being considered. I know many initiatives and achievements in job elimi- eral unemployment benefit account of of my constituents do because they nation and head count reduction. Their ob- $13.3 billion and basically saying, even write to me all the time. These are not jective was to bring in contractors from though this is a fund paid into by em- invisible people, and their problems are India and use offshore outsourcing IT serv- ployers for this very purpose, in strong not invisible. In fact, the Presiding Of- ices as well. In fact, for the last 3 years, I times of economic downturn, we are ficer’s State of Texas has 95,000 have had to work with the offshore folks not going to give her the assistance. exhaustees. That is the number of peo- from India that took the place of hundreds of We are going to pass a FSC/ETI bill ple in that region of the country. In my my fellow employees who were laid off over instead and give other tax breaks to a part of the country, the Northwest, we the last 7 years. I don’t understand how a company or a whole bunch of things—$2 billion for a have one of the hardest hit economies, Government can say that they are compas- green bond initiative that I say still the highest unemployment rates for sionate for the climate, but create it by hav- probably will end up getting used for a the last several years. We have 33,000 ing Americans eliminated and replaced by Hooters Restaurant. There is over $2.8 people who would qualify right now for foreign workers in the U.S. workplace. billion in here for another incentive this program if this body would just My constituent says: program, a credit for synthesized coal, say yes.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4984 CONGRESSIONAL RECORD — SENATE May 6, 2004 What we really want to say is we The issue is, after 450,000 of them The economy is not going to be that know that job growth is going to hap- would get employed after 7 weeks, we red hot to take care of 1.5 million peo- pen. In fact, last month there were still would be looking at 1.1 million ple tomorrow. 300,000 jobs created. The bottom line is, people without a job, without support, The question is, What do we want to we have lost over 2 million jobs, and it being in the same situation as my con- do about it? I think BusinessWeek said takes a while to recreate them. By that stituent of bankruptcy, potentially los- it best. They basically said the Senate I mean it takes a while for the econ- ing her home and in a desperate situa- must act. The Senate must bridge the omy to recover. tion. gap that will help the economy cross The Center on Budget and Policy Let’s be realistic. We are not going to over this extended valley of almost Analysis says it will take several solve this by saying here is 7 weeks of nonexistent hiring. They just said that months more of robust growth to whit- unemployment. It is not going to hap- on March 22—nonexistent hiring. Let’s tle down the number of unemployed to pen. This economy will get better. It not fool ourselves. Americans know it; a more typical size. The truth is, I will. But it is going to take a while. that is, if you poll them and ask them think a lot of people are saying: Oh, You cannot recreate 2 million jobs the question, Is the country going in well, gosh, Friday we will have new overnight. You cannot. the right direction or the wrong direc- numbers. Maybe we will have another The good news is, when you have a tion, they say the wrong direction be- 300,000 jobs. Maybe we will have an- Federal program, which the UI trust cause they know that we do not have other 500,000 jobs, maybe another fund is, at $13 billion, you can use a lit- job creation happening. 600,000 jobs created. To me, it does not tle bit of those funds to help those peo- So it is up to us to make a decision. matter if there are 600,000 jobs created ple in the meantime and actually gen- I know my colleagues are saying we do in the month of April. It simply does erate stimulus in the economy. For not want to have a vote. Somebody, in not matter if we have 1.1 million people every dollar we give these unemployed one of the afternoon journals, basically who have already exhausted their bene- workers, it generates $2 of stimulus. said, on the GOP side, that even having fits. Who is helped by my constituent basi- a standalone vote on my amendment is Even if we have 600,000 jobs created cally having to declare bankruptcy and a nonstarter. in April, we will still have a million maybe not able to make mortgage pay- I am hoping wiser heads will prevail people who will not have access to the ments? Who is helped by that? She is and that people will come to their benefits they deserve. To me, it is an not, but neither is the bank and not senses and say: Let’s have a vote on issue of what are we going to do to sus- the businesses with which she does this issue. Let’s find out where the tain the economy while we are waiting business. Certainly her 5-year-old Members of the Senate stand on get- for the job creation engine to restart. daughter who would rather have a ting their constituents’ support in A lot of people say: Oh, gee, the econ- home is not receiving any benefits. tough economic times. omy is actually getting better; produc- If we adopted my proposal, a 6-month Let us see where the Members of the tivity has gotten better. My con- extension with 13 weeks of benefits, Senate stand on following the advice of stituent helped her company be more after that 6 months, the account, which Alan Greenspan who says doing unem- productive. Guess what. That, I am was $13.3 billion, would still have $9 bil- ployment benefits would be a smart sure, added to the bottom line of that lion in it. So the account will be a very idea given the number of exhaustees. company. It probably added to the bot- healthy account at the end of that pe- Let us find out where the Senate tom line that got passed on to share- riod. Yes, we would pay money out to stands on having a solution to the issue holders. But did it help my constituent those individuals, but the account is of whether individuals should have ac- actually get a job or get a new career? continually paid into by other employ- cess to the money they have paid into No, it did not. She is not asking for us ers. That is the way it works. That is a $13.3 billion account through their to give her a job. She is only asking for why it is a healthy account today, and employers. what she and her employer already it will remain healthy under the Cant- Let us find out where the Senate paid into, an account that was created well-Voinovich proposal. stands on giving a solution on whether for these tough economic times only to This is a bothersome debate to me in they think the economy is recovering get some of those funds in the interim the sense of why are we having this dis- fast enough or whether they want to until new job growth and new job avail- cussion when we have a healthy ac- help people in the times when eco- abilities are out there. I do not think it count? We know what the individual nomic recovery is still slow. is an unreasonable request. problems are. We know people need to I hope we come to some resolution of Some people have said: If you have have support and assistance. We know this issue. I hope my colleagues will 1.5 million people, and they have ex- even after a short plan, 1.1 million peo- listen to their constituents and heed hausted their benefits, what is the rate ple will still be unemployed. Why don’t the words they are saying about the by which those people will actually we just do this? Is it because we are tough economic times we are seeing. It find jobs? The Joint Economic Com- using the money for something else, may not be on the 6 o’clock news, it mittee and the Center on Budget and and we do not have it available to us? may not be on the front page with four Policy Analysis came up with a for- Is it that we believe the economy is so or five other stories as is the situation mula. Basically, they said about 3 per- much better that even a few trickling in Iraq and the Middle East, but there cent of those 1.5 million people would of jobs at 300,000 or another 300,000 an- is still a struggle for Americans and find a job each week. nounced on Friday is somehow going to their struggle deserves the help and Some people say: Maybe we will solve our problem? support of the Senate. think about unemployment benefits for I do not think that is what other peo- I yield the floor. 7 weeks. Maybe we will say let’s give ple have said. In fact, Alan Greenspan The PRESIDING OFFICER (Mr. people 7 weeks of benefits for another said recently before two different com- BURNS). Who yields time? The Senator 60 days, and let’s figure out how that mittee hearings that the unemploy- from Nevada. helps. We did the calculation. After 7 ment extension benefit is a good idea Mr. REID. We are not under any con- weeks, using this 3 percent of people largely because of the size of the trolled time now, are we? Is that right? finding a job each week, which is the exhaustees, the number of people who The PRESIDING OFFICER. That is number that is used in both good and exhausted the benefits, those 1.5 mil- correct. bad economic times, it is an average, lion people. We have the chief econo- The Senator from Nevada. after 7 weeks of benefits, 458,000 people mist for our country basically saying Mr. ENSIGN. Mr. President, I ask would find jobs. So after 7 weeks, those this is a good idea based on the fact we unanimous consent that I be allowed to 1.5 million exhaustees—those are peo- have 1.5 million people, and they are speak as in morning business for up to ple who have already exhausted their not going to be back in the workforce 15 minutes. State support but are still jobless—how tomorrow. They are not going to be The PRESIDING OFFICER. Without many of these people would have a job? back in the workforce from the April objection, it is so ordered. Basically, 450,000 of them would have a numbers or the May numbers or the Mr. ENSIGN. Mr. President, I rise to job. June numbers. So who are we kidding? address some of the comments that

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4985 were made by the Senator from Wash- the country. So my colleagues could In the past, the payroll survey and ington State. The proposal to extend understand why she was pushing for the household survey, the reason we unemployment insurance benefits is this. In the last couple of months, her did not worry about really talking something the Senator from Wash- State’s economy has improved. Her about the differences between them is ington has been attempting to have State’s unemployment rate has been because they paralleled each other. For passed for some time now. The argu- dropping precipitously, so much so the last 20, 30 years they literally went ments have been that there are a lot of that to qualify as a high unemploy- up and down at about the same rate. people unemployed in the country who ment State for some of the extra funds Over the last 2 to 3 years, though, our have been unemployed for long periods under her amendment, she had to re- economy has been changing. Today we of time and therefore we need to have draft her amendment to adjust the fig- are living in a high-tech information not just normal unemployment bene- ures in such a way that her State age. Things such as eBay didn’t exist fits but we need to have extended un- would qualify. Under her previous before. Thus, over the last 12 to 24 employment benefits. amendments, the State of Washington months the payroll survey has showed For the last several months, I have would not qualify because the economy a loss of jobs while, according to the gotten up on the Senate floor to refute is improving in her State. household survey, a couple of million some of the arguments that have been When President Bush was elected, he jobs have been produced. made by the Senator from Washington, inherited an economy that was in re- We hear the other side saying under and I want to not only reiterate some cession. There is no argument about President Bush a couple of million jobs of those points but I want to go a little that. We had three straight quarters of have been lost. Well, that is if you in- bit further today. negative growth. By anybody’s defini- clude only the payroll survey. If you One of the points I have been making tion, that is a recession. It takes time include the household survey, we are at is that back when the Democrats con- to come out of that. We have had eco- the highest level of employment in the trolled the House, the Senate and the nomic policies put into place, including history of the United States—the high- White House, the unemployment rate two rounds of tax cuts, that have est level of employment in the history in the country was almost a full per- helped spur our economy onward to of the United States. We have the most centage point higher than it is today. where we are creating jobs and to people actually employed, self-em- At that time, the three bodies working where the economy is starting to fire ployed or employed by somebody else, together, in control, once again, by the on all cylinders. that we have ever had in the United Democrats, thought that the economy We still have work to do, and I think States. had come out of the recession and had all of us in this body would agree that. Unemployment insurance was set up recovered to the point where the exten- But let’s look at some of the employ- to be a hand up. The longer and the sion of the unemployment benefits was ment figures. more generous the benefits are, the less This chart shows what I was talking not necessary. So they terminated the incentive there is for somebody to go about earlier in the State of Wash- program. ington. Starting in April of 2001, their out and get a job. We know that and Well, the unemployment rate in the unemployment rate was a little above 6 can prove that. country is almost a full percentage During times of high unemployment, percent. We can see, over the last cou- point less today—now when Repub- during times of recession, we extend ple of years, it has gone up fairly sig- licans control the House, the Senate, the Federal program so those who have nificantly. It plateaued in October 2003, and the White House. We have recov- fallen on hard times in a tough econ- and since then it has fallen drastically. ered from a recession and today, enjoy This is the home State of the author of omy, can get assistance. Those jobs an unemployment rate that is almost a the amendment, and that is why her may not be out there, so we extend the full percentage point lower than what State, under her old amendment, would program an extra 13 weeks, sometimes it was back in the 1990s when the basically no longer qualify as a high 26 weeks, and we allow the States to Democrats were in control, when they unemployment State. extend it even further. stopped the temporary extension pro- I want to address the issue of the two But when the economy is growing, is gram. That is the situation we are fac- surveys that measure unemployment. it really necessary to extend those Fed- ing today. One is called the household survey and eral unemployment benefits? Not only Nationwide, unemployment is 5.7 per- the other is called the payroll survey. is it not necessary, does it, in fact, in- cent. Economists used to argue that The household survey measures not hibit somebody from taking the initia- this kind of an unemployment rate was only people on payrolls but it is a bet- tive, No. 1, to either create their own full employment. I am one of those ter measure of the economy because it job, to become that entrepreneur on people who believe we can do better also measures those who are self-em- eBay or wherever else they are going to than we are doing today. In fact, in my ployed. create the job, or, No. 2, to do what it State we are at about 4.4 percent. In For instance, in the last 2 years we takes to go out and find a job? some of our counties in our State we have seen this incredible phenomenon By the way, sometimes that requires are at about 3-percent unemployment. known as eBay. I think most people are moving. We have a very fluid economy So I think we can do better. In fact, in familiar with eBay. There are 430,000 today. Sometimes it requires changing the JOBS bill that we have before us people who now make a full-time living careers. Today, the average American today, we have provisions in the bill on eBay. Try to conceptualize that. changes careers—not jobs, careers— that would create a couple of million Ten years ago, we could not even have three times. Again, a reflection of our jobs. imagined it. The payroll survey, the changing economy. That is one of the The one I authored, called the Invest most common one that people quote reasons, if the other side of the aisle is in the USA Act, according to inde- about jobs being produced or elimi- so interested, as they say they are, in pendent economists, will increase the nated, does not reflect a single one of helping people, let’s make sure the GDP of this country by 1 percent and those people who are now supporting Workforce Investment Act that was will produce 660,000 jobs. This is a con- themselves full time by doing business passed unanimously in the Senate ac- servative estimate. So I believe in cre- on eBay. The household survey does tually is finalized into law instead of ating jobs. It is not that people do not count them. using procedural maneuvers to block feel bad that people are unemployed, Anybody who goes out and starts it. That would train an additional but instead of giving them a check for their own business, once they hire 900,000 people in the United States to being unemployed we want to give somebody that individual is counted in help find those new jobs that are being them a job so they are no longer unem- the payroll survey. Well, even a lot of created. ployed. the small businesses are not counted In most places that you travel The Senator from Washington has an for some time under payroll but they around the United States, if you would amendment that she has been trying to are counted in the household survey. It ask how the economy is, a year ago get enacted, and she changed her is a more accurate reflection of the there was a lot of pessimism. People amendment slightly. Her State was one current employment situation in our were really unsure. You go out there of the highest unemployment States in country. now and there is a lot of optimism.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4986 CONGRESSIONAL RECORD — SENATE May 6, 2004 People are hiring and manufacturing NOMINATIONS pointed simply is without any basis of orders are up. All the economic indexes Mr. REID. Mr. President, earlier fact. We will confirm two tonight. We we see in virtually every category are today, during the Negroponte debate, a have 10 that are unfilled. The President up, including the payroll survey for the number of my friends from the other has not even sent five of the names to last 3 months, and we expect to have side of the aisle expressed concern that us. I repeat: Two of them we are going fairly good employment numbers com- some ambassadors were pending on the to fill tonight. We have five vacancies. ing out tomorrow. The jobless claims Executive Calendar. I think concern is A third we will fill tonight, we would that came out today were the lowest a very light word. I think we could use not have needed to do that but for an level we have seen since the year 2000, words such as they expressed outrage— objection by the Republicans last week again, another good piece of economic concern. I wish to comment on this be- over that very qualified person. Then, news. cause I think it was misguided. Per- of course, I indicated the person to go That is why I think it is the right haps they didn’t have the right infor- to Nepal is being objected to by the Re- thing to do, to not further extend the mation. publicans also. temporary extended unemployment One of the most unfortunate charges We have two vacancies, then: Sweden benefits program. It already expired in I heard was that the Democrats have and Finland. The reason those are va- March. ensured that there were vacancies in cant is because they were political ap- pointees and the people decided they We have heard a lot from the other U.S. Embassies in countries rep- resenting 700 million people. wanted to come home early. side of the aisle about deficits and how We are doing the very best we can. much of a threat deficits are to the Another unfortunate charge was that we were hamstringing the war on ter- There are a lot of places that people current economy and the future econ- could place blame, but certainly not in rorism by not having confirmed ambas- omy of the United States. I agree with the case of appointment of ambas- sadors that the Foreign Relations Com- that. In fact I, by the National Tax- sadors because the facts do not support mittee just found time to report out payers Union, was rated No. 1 as the the allegations that we have been slow- biggest deficit hawk in the Senate. I last week. Again, we were criticized because we ing up the ambassadors. am very concerned with deficits. My I am happy to see the two managers were hamstringing the war on ter- votes match my rhetoric. of the bill in the Senate. We are cau- rorism because, after action taken by Extending the unemployment insur- tiously optimistic we will be able to the committee last week, we didn’t do ance benefits cost $1 billion a month, complete in the near future the very floor action within the next few days. I which is added to the deficit. That is important FSC bill, the JOBS bill. think anyone who understands Senate deficit spending. A few of the proposals While the two Senators are in the Sen- procedure knows acting on work of a we have heard from the other side ate, I say publicly how much I appre- committee within a very short period would make it a $2 billion-a-month pro- ciate their work on this piece of legis- of time doesn’t happen very often. gram. So if people care about the def- lation. This committee they are re- What I mean by that is a matter of icit, if they believe that it is something sponsible for running, the Finance weeks. we should not be adding on to, as the Committee, is as important if not more I hope if these Senators think these Senator from Washington is trying to important than any other committee people were needed so urgently, the do by adding back in the extension of in the Congress. They work well to- Foreign Relations Committee should the unemployment benefits, then they gether. This is a very complicated bill. have moved a little faster—or a lot should not support her amendment. There have been a lot of political faster. sideshows that have gone on during the To sum this up, the facts are, the But this really is not the issue, be- pendency of this legislation, as happens economy is growing, and growing cause all my colleagues know the in all complex bills. We might get strongly. Yes, we can do better. I will record does not support these accusa- lucky later tonight and work out an admit that. I want to see us do more. tions—and that is what they are. Later arrangement to complete this bill in Pass the JOBS bill that is in front of tonight we will confirm 20 ambas- the near future, probably early next the Senate today that the Senator sadors. We have already voted for Am- week. from Montana, the ranking member on bassador Negroponte. His nomination the Finance Committee, and the Sen- Again, I express my appreciation to was completed with nearly record the two Senators. They are both expe- ator from Iowa, the chairman of the speed, given he was only nominated by committee, have put together. They rienced. Both come from relatively President Bush last week. sparsely populated States, like the put together a bill that will create jobs As to the charge the Democrats have State of Nevada. The Founding Fathers in America. That is part of doing bet- kept several American Embassies va- set up the Constitution so that the ter. There are many other things we cant, we have been told there are 10 Senate was not determined by how can do. embassies the State Department has many people are in a State but, rather, I believe it would actually do harm said are currently vacant. Of these 10, that it is a State. There is no better ex- to the economy, by adding $1 billion a the President has chosen to fill only 5 ample of what the Founding Fathers month to the deficit and discouraging of them. Out of 10, half of those the had in mind than these two fine men those people who are currently on un- President has not sent names. who run this most important com- employment, if we were to continue ex- Tonight, we will confirm ambas- mittee. I express my appreciation for tending the TEUC program for weeks sadors to fill Nigeria and Serbia. The the good work they do and have done and weeks, and months, instead of giv- only reason we have Serbia tonight is last week Republicans objected to con- on this bill. ing people the incentive to go out and I suggest the absence of a quorum. find the jobs that are being created in firming this qualified Foreign Service The PRESIDING OFFICER. The America. officer. We also wanted to confirm the clerk will call the roll. I yield the floor and yield the re- new Ambassador to Nepal tonight, but The assistant legislative clerk pro- mainder of my time. there was an objection, I am told, by ceeded to call the roll. Mr. BAUCUS. Mr. President, I sug- our Republican friends that would pre- Mr. VOINOVICH. Mr. President, I ask gest the absence of a quorum. vent the Senate from ensuring that unanimous consent that the order for this very qualified career Foreign Serv- The PRESIDING OFFICER. The the quorum call be rescinded. ice officer will not be confirmed. The clerk will call the roll. The PRESIDING OFFICER (Mr. remaining two vacancies, Sweden and CHAMBLISS). Without objection, it is so The assistant legislative clerk pro- Finland, need to be filled, of course. ordered. ceeded to call the roll. These are going to be political ap- f Mr. REID. Mr. President, I ask unan- pointees because they did not fill out imous consent that the order for the the term they committed to serve. EXTENSION OF UNEMPLOYMENT quorum call be rescinded. The facts that were propounded by BENEFITS The PRESIDING OFFICER. Without my friends on the other side of the Mr. VOINOVICH. Mr. President, I am objection, it is so ordered. aisle about ambassadors not being ap- rising this evening in support of S.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4987 1637. This is legislation, sponsored by of existing companies laying off em- The program was designed specifi- Senator CANTWELL and myself, to ex- ployees and later rehiring them, many cally to give long-term unemployed in- tend the Temporary Extended Unem- corporations have permanently elimi- dividuals the time they need to read- ployment Compensation Program for nated positions or even gone out of just to changing economic realities. another 6 months. The TEUC Program business. This has particularly been The recent report from the CBO clearly provides additional unemployment hurtful in the State of Ohio, where indicates the continued need for this compensation benefits to individuals manufacturing has been hit by inter- program. Consequently, I call upon my who have exhausted their initial eligi- national competition, litigation costs, colleagues to offer a helping hand to bility without finding new employ- and high energy costs. We have lost workers from that old economy, while ment. It covers those individuals who some 17.5 percent of our manufacturing we welcome the rise of the new econ- may find themselves out of a job, once jobs in the State of Ohio. omy. We can afford to help with this it takes effect. Companies like Rubbermaid, in transition, and it is the right thing to This program is absolutely critical to Wayne County, Worchester, OH, one of do. thousands of people in the United the most successful companies that I know there are many of my col- States of America, many of them who Ohio has ever had, a company that was leagues from States that do not have live in my home State of Ohio. The written up in Fortune magazine, just the problem we have in my State, and Congressional Budget Office recently closed down—1,200 jobs, in Worchester, they don’t understand the urgency of reported that for the past 2 years, the OH, a small Ohio city in a small coun- the passage of this legislation. I think exhaustion rate for unemployment ben- ty, Wayne County. Thankfully, new we owe it to these people, to these fam- efits has been higher than at any time companies and new types of jobs are ilies. Some of them live in my neigh- in recent history. During calendar year emerging to replace those that are lost; borhood in the city of Cleveland. I have 2003, 43 percent of UI recipients ex- however, many of the workers who lived in the same house since I was hausted their entitlement to regular were displaced during the recession mayor of the city of Cleveland, since benefits. have difficulty qualifying for these new 1972. I live in a middle-class neighbor- jobs. Usually they have to retrain and This is best depicted by this chart hood. I have a neighbor across the it is not uncommon they have to relo- that I have here this evening. The bot- street who has been unemployed and tom line shows the unemployment cate. Quite often, middle-aged factory his benefits have been exhausted. He from a period of 1972 up to 2004. The top workers find themselves competing needs help. I see these people in the line shows the exhaustion rate of bene- with younger, better educated workers grocery store and they talk to me fits. You can see during this period of for jobs in the technology sector. about it. time we had exhaustion in benefits, Also, many times jobs are lost in I think some of our colleagues who then it goes down, then we come out to older urban communities, but the re- are opposed come from States where the 2003–2004 area and you can see that placement technology or service sector things are fine, things are wonderful. means these people have been unem- jobs are created in distant suburban But I think part of the responsibility ployed for a much longer period than is areas that require long commutes or we have as Senators in the United traditional in a recessionary period. changing residences. Families who are Many of those out there today are dependent on two incomes may find it States of America is to look after the still in great need. They need these un- difficult to locate employment for both needs of the entire country. If I were in employment benefits in order to keep wage earners at the same location. a position where things were wonderful going, paying their mortgages, and giv- Consequently, either the husband or in my State and they weren’t good in ing them some time so they can gain the wife may be unemployed for much some other State and they needed some new skills for the jobs that we hope are longer than in previous recessions. help in unemployment, then I would be going to be available to them. This is precisely the situation we are supportive of that because I think it is In my own State of Ohio, over 31,000 facing in Ohio. We have lost manufac- the proper thing for us to do. individuals have exhausted their unem- turing jobs in older communities such The other thing about this program ployment benefits since the Temporary as Youngstown and Cleveland and that a lot of my colleagues do not un- Extended Unemployment Compensa- southeast Ohio. Most of these job derstand is that, even though this tion Program ended in late December. losses reflect plant closings or perma- money is coming from the Federal Without additional assistance, these nent downsizing. These jobs are gone Treasury, the money ultimately is re- families face severe financial difficul- and they are not coming back. They paid back to the Treasury from the un- ties until they are able to regain em- are gone. They are finished. employment compensation fund that is ployment. Meanwhile, some areas of the State supported by a tax on our businesses in Many of my colleagues believe the are picking up service sector jobs and our State. This happened when we had recent declines in overall unemploy- have unemployment rates as low as 3.9 the last recession in the State of Ohio. ment and the continuing decline in ini- percent. Unfortunately, expanded fi- I am urging my colleagues to open tial unemployment claims indicate nancial service jobs in suburban Co- their eyes to the pleas and the needs of there is no further need for a TEUC. lumbus are not much help to an unem- so many of our fellow Americans who Nothing could be further from the ployed tool and die maker in Toledo, need that extra help at this time for truth. As CBO’s recent report indi- OH. It is all very well to talk about the themselves and for their families. cates, long-term unemployment has ac- bright new economy that will generate I suggest the absence of a quorum. tually continued to increase, even plentiful employment at high wages for The PRESIDING OFFICER. The though short-term unemployment has the knowledge workers of the future. clerk will call the roll. been declining. However, we still have a responsibility The legislative clerk proceeded to Part of the problem we face is that to assist the semiskilled manual labor- call the roll. many of our assumptions regarding re- ers being displaced by the demise of the Mr. FRIST. Mr. President, I ask cessions, economic recovery, and job old manufacturing economy. Many of unanimous consent that the order for creation are more suited for the 1950s these workers can and will retrain. the quorum call be rescinded. than the 21st century. Traditional eco- Some will, however reluctantly, relo- The PRESIDING OFFICER. Without nomic analysis tells us companies lay cate. All of them will require time to objection, it is so ordered. off workers during a recession and re- make these changes. f hire them to the same jobs during a re- Recently, Chairman Greenspan has covery. Workers may have collected recognized the need to extend tem- MORNING BUSINESS unemployment during a limited period porary unemployment benefits. Sec- Mr. FRIST. Mr. President, I ask of time, but they have not lost a job retary Snow has recognized the need to unanimous consent that the Senate and usually return to their former extend temporary unemployment bene- now proceed to a period of morning workplace with no need to seek new fits. Our President recognizes that we business, with Senators permitted to employment. need to extend temporary unemploy- speak for up to 10 minutes each. Unfortunately, the current recession ment benefits. It is time for Congress The PRESIDING OFFICER. Without has not followed this pattern. Instead to extend these benefits. objection, it is so ordered.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4988 CONGRESSIONAL RECORD — SENATE May 6, 2004 DEMOCRACY AGAIN TRIUMPHS IN including more than 13,000 children and ‘‘Four men wearing ski masks robbed the GEORGIA teens, since 2000. Mrs. Case, along with place,’’ said Endolyn, who’d been married to Chapman—a former college football player Mr. MCCONNELL. Mr. President, other moms in Michigan, have united with State and local leaders to imple- who stood 6 feet 6 and wore a size 18 shoe— there is good news from Georgia this for nearly 20 years. ‘‘My husband pleaded for morning. In a second bloodless revolu- ment community efforts to address the his life. He was in a seated position when tion in that country, former Soviet of- tough issues surrounding gun violence they killed him.’’ in my home State of Michigan. And, ficial and Ajaria troublemaker Alan HOW WILL YOU COMMIT FOR PEACE? Abashidze fled into exile after thou- Barb has organized Michigan’s moms Tonisha has tried to comfort her mother, sands of opponents—including some trip to Washington every year since the first march took place in 2000. taking her out on her parents’ anniversary. from within his own police and mili- Endolyn, too, has tried to move on, even tary forces—took to the streets to de- This year’s marchers are focused on the renewal and strengthening of the though her husband’s killers remain at large. mand change. Then she read an article about the Million Abashidze’s hasty departure is a assault weapons ban, holding gun man- ufacturers accountable for their prod- Mom March’s Halt the Assault rally to urge great victory for the people of Georgia Congress to renew the assault weapons ban. ucts, requiring background checks on and their leaders, particularly Presi- ‘‘There is no reason why anyone would dent Saakashvili and Prime Minister all gun purchases, reinstating the 5-day need an assault weapon,’’ Endolyn said. ‘‘You Zhvania. By seeking a non-violent so- Brady waiting period for all gun pur- can’t hunt with one. I decided that we’d go lution to the crisis in the breakaway chases, and incorporating safety stand- to the march because we don’t ever want an- region of Ajari, Saakashvili and ards into gun design. other family to go through what we’ve been Michigan’s moms, just like millions through.’’ Zhvania demonstrated patience in the of moms from across the country want face of Abashidze’s hostile provo- Million Man Marchstate president Barb an America where their kids are safe Case said, ‘‘So many women have been cations—designed to spark a military from gun violence. Again, I commend touched by the suffering of others and want conflict. all of the mothers coming to Wash- to do something to change the world.’’ She Reports of the celebrations in the ington this weekend for their hard estimated that about 500 people from Michi- streets of Batumi are inspiring, par- work and commitment to the issue of gan will attend the march. ‘‘This is a power- ticularly those of reformers waving ful way for them to get involved. gun safety and I hope all of my col- American flags along side their own And what better day to demonstrate that leagues will remember these efforts country. I want to remind my col- power than Mother’s Day. when the Senate considers gun safety leagues such symbolism is a reality in legislation in the coming months. Mrs. FEINSTEIN. Mr. President, tens Iraq, where Georgian soldiers serve I ask unanimous consent that an ar- of thousands of women will come to alongside U.S. and Coalition forces. ticle from the Detroit Free Press, Washington this Mother’s Day weekend My message to the people of Georgia which discussed the issue of gun vio- to spread the word about the urgent is clear: America will continue to stand lence and this Sunday’s march, be need to renew the Federal assault with them as they champion the cause printed in the RECORD. weapons ban. of democracy. We will continue to help There being no objection, the mate- I thank these women, and their fami- them build a country—and institu- rial was ordered to be printed in the lies and friends who will join them, for tions—dedicated to the furtherance of RECORD, as follows: their effort to focus the American pub- freedom and the rule of law. [From the Detroit Free Press, Apr. 29, 2004] lic on the fact that we could lose this Once again, democracy triumphs in WORK TOWARD PEACE THIS MOTHER’S DAY important law unless Congress and the Georgia. (By Desiree Cooper) President renew the ban soon. f Sometimes, society’s assault on your hu- I ask these committed Americans to MILLION MOM MARCH manity can be so fierce, you have to throw do everything they can do to help save down the gauntlet and say, ‘‘This means the assault weapons ban. They should Mr. LEVIN. Mr. President, this week- war.’’ write the President and urge him to end moms from across the country will That’s what happened to two women more help renew the ban. They should write converge on Washington to join in a than 140 years ago. One was Anna Reeves Senate Majority Leader BILL FRIST and march remembering gun violence vic- Jarvis, a West Virginia Methodist pastor’s Speaker of the House DENNIS HASTERT tims and urging President Bush to sup- wife. She established Mother’s Day Work Clubs to improve the health of Appalachian and urge them to bring the assault port commonsense gun safety legisla- women and children. But as Civil War cas- weapons ban up for a vote. They should tion. I am proud to support the moms, ualties mounted, she converted the clubs make their voices heard until the ban and I know my colleagues will join me into nursing squads, determined to save the is renewed. in commending these women for their lives of all soldiers—both Confederate and leadership. Union. Time is running out. The Federal as- On Mother’s Day, moms will gather Abolitionist Julia Ward Howe, author of sault weapons ban will expire on Sep- on the west lawn of the U.S. Capitol to the ‘‘Battle Hymn of the Republic,’’ also had tember 13 of this year if Congress and become war-weary. When the Franco-Prus- bring their ‘‘Halt the Assault’’ message the President do not act. This means sian War began on the heels of the Civil War, that AK–47s, TEC-DC 9s, Street Sweep- to the front door of Congress. These she started rallying women for a national women have come to Washington to ers, and dozens of other types of mili- Mother’s Day for Peace. Together, the nurse tary-style assault weapons will once urge Members of Congress to support and the poet began the antiwar holiday that sensible gun safety legislation. Their we know as Mother’s Day. again flood the streets of America. We cannot afford to let this happen. We leadership is desperately needed on this NOT ABOUT DAISIES AND DINNER owe the American people more than issue, and I applaud all of the moms We’ve long since forgotten that Mother’s who will make this journey for their Day was a social movement. But this year, that. It is just that simple. commitment. After the march, the Endolyn Chapman and her daughter Tonisha Assault weapons pose a grave threat moms will spend Monday visiting our will hark back to the roots of the holiday to all Americans, but most especially offices and urging us to support com- and celebrate it on May 9 at the Million to law enforcement officers on our city Mom March in Washington, DC. streets. monsense gun safety legislation. Neither woman has ever seen herself as po- One of the moms attending this Sun- litical. Tonisha, 19, just registered to vote Just last month, I spoke at the fu- day’s events is Barb Case, Michigan’s last week. But, like Jarvis and Howe, vio- neral of San Francisco Police Officer Million Mom March President. Mrs. lence has spurred their fight for peace. Isaac Espinoza, who was shot and Case has been a member of the Michi- ‘‘The last time I saw my father, he was killed by a gang member armed with gan Million Mom March since it first driving away as I was coming home,’’ said an AK–47 and a 30-round clip. Officer started in 2000. She will be leading as Tonisha, remembering the even on April 5, Espinoza took three shots in his back 2004.‘‘I wanted to stop and chat with him, many as 500 Michigan moms to Wash- but he just waved and drove off.’’ as a gunman fired 15 rounds in just sec- ington. The Michigan moms will be That night, 44-year old Steven Chapman onds, giving Officer Espinoza and his marching in memory of the 120,000 peo- went to Detroit’s Sa-Mari Hand Car Wash on partner, who was also shot, no time to ple who have been killed by a firearm, Wyoming and 6 Mile. seek refuge.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4989 Officer Espinoza was a bright young and bloodshed sparked by the vast Who is clamoring for newly manufac- star in the San Francisco Police De- overproliferation of guns throughout tured AK–47s? partment, and he had a promising fu- our country. Who is clamoring for new TEC–9s? ture and loving family. Now that fu- These are the people who came to- These are guns that are never used ture is gone. His wife Renata is with- gether in the first Million Mom March for hunting. They are not used for self- out a husband. His beautiful 3-year-old 4 years ago, and these are the people defense, and if they are, it is more like- girl Isabella is without a father. who will come together again this ly that they will kill innocents than And Officer Espinoza is far from the weekend. intruders. only law enforcement officer gunned These people will stand firm and say: These guns—and everyone knows it— down in his prime by an assailant Enough is Enough. Now is the time to have but one purpose, and that purpose wielding an assault weapon. protect our families from assault weap- is to kill other human beings. Why A recent study by the Violence Pol- ons. There cannot be any turning back. would we want to open the floodgates icy Center stated that one in five po- Over the past decade, we have had a again and let them back on our lice officers killed in the line of duty is chance to examine the assault weapons streets? There is simply no good rea- ban and to determine if it works and killed with an assault weapon. son. enjoys support. That study listed a number of offi- For a number of years now, President The results are in. cers gunned down by assault weapons, The ban works. Recent Department Bush has indicated that he supports re- and I would just like to list a few ex- of Justice records indicate that the use newing the assault weapons ban for an- amples because if we let the assault of banned assault weapons in crimes other decade. But he has not lifted a weapons ban expire, we can expect has declined measurably—by 65 percent finger to help. Ultimately, however, many more of these incidents. in one analysis—since the measure the voice of the White House will be On January 10, 1999: took effect. pivotal in determining if the ban is ul- Officer James Williams was killed with a The men and women of law enforce- timately approved by Congress and MAK–90 or SA85 7.62mm rifle. Officer Wil- ment across the Nation support the signed into law. liams was among a group of officers who ban because, on the front lines, they Now is the time to renew a sound law were searching for a rifle that had been dis- know it protects them and makes com- for another 10 years. carded by the occupants of a vehicle that We do this in the memory of Officer was involved in a chase with police. While munities safer. The Fraternal Order of they were searching for the rifle, a gunman Police endorses another 10 years, as Espinoza and all the other police offi- opened fire from a nearby overpass, killing does almost every other major law en- cers shot and killed with assault weap- Officer Williams. Chad Rhodes was arrested forcement organization, including ons. and charged with special-circumstances mur- chiefs of police all across the Nation. We do this on behalf of all the women der, attempted murder, three counts of firing No weapons have been confiscated who are marching on Washington this an assault weapon, and possessing an assault from legitimate gun owners. In fact, weekend. weapon. Rhodes pleaded guilty to second-de- the bill specifically protects 670 shot- And we do this to keep our commu- gree murder and was sentenced to life in guns and rifles used for hunting. nities safe. prison without parole. Almost three-fourths of the Amer- f On June 12, 1999 in Orange County, ican people, and two-thirds of gun own- California: ers, support renewing the ban. LOCAL LAW ENFORCEMENT ACT Sheriff’s Deputy Brad Riches was killed In fact, a recent University of Penn- OF 2003 with a MAK–90 or SA85 7.62mm rifle. Deputy sylvania Annenberg poll found that 71 Mr. SMITH. Mr. President, I rise Riches was sitting in his patrol car outside a percent of all Americans support re- today to speak about the need for hate 7–Eleven when his police cruiser was riddled newing the assault weapons ban; 64 per- with assault weapon fire. The 7–Eleven clerk crimes legislation. On May 1, 2003, Sen- cent of people in homes with a gun sup- ator KENNEDY and I introduced the said that a customer told him he was car- ported extension of the ban; and even rying an AK–47-style assault rifle to shoot a Local Law Enforcement Enhancement police officer. Maurice Steksal was convicted 46 percent of people in NRA households Act, a bill that would add new cat- on November 19, 2002 of the first-degree mur- support extending the ban, contrary to egories to current hate crimes law, der of Deputy Riches. claims by NRA leadership that its sending a signal that violence of any And there are many, many more. But members are universally against this kind is unacceptable in our society. the list would be far longer if the as- proposal. Robert Martin was found lying out- Some in the Senate opposed the ban sault weapons ban were not in place, side an abandoned school in Ashburn, a decade ago, fearing it would do little because more of these guns would be GA, with head injuries from a blunt ob- to reduce crime, and could threaten the ject. Martin was wearing a dress at the out there. They would be easier for constitutional rights of law-abiding criminals to get and to use, and more gun owners and hunters. time. Press reports indicate that Mar- officers would be killed. Now, 10 years since that vote, Amer- tin had been beaten and harassed be- Indeed, these shootings underscore ica has seen just the opposite: the ban fore because of his perceived sexuality. the fundamental danger assault weap- has made our streets safer, it has pro- I believe that Government’s first ons pose to our society. tected law enforcement officers, and in duty is to defend its citizens, to defend The good news is that the Senate has no way has it diminished legitimate them against the harms that come out gone on record in support of extending gun owners’ rights. of hate. The Local Law Enforcement the ban on military-style assault weap- Moreover, we all know that the world Enhancement Act is a symbol that can ons. In a bipartisan vote in March, the has dramatically changed since 1993. become substance. I believe that by Senate approved a straight 10-year re- September 11, 2001, has taught us many passing this legislation and changing newal of the current ban as an amend- lessons; among them that terrorism current law, we can change hearts and ment to a bill being pushed by the Na- lurks in our own cities and commu- minds as well. tional Rifle Association giving gun nities. Given today’s dangers, it defies f manufacturers and dealers protection logic to let suicidal terrorists, gang THE NEED FOR NATIONAL ELEC- from civil lawsuits. members and others simply walk up to But in a bizarre twist, the NRA scut- TRICITY RELIABILITY STAND- a counter and buy these weapons for ARDS tled its own bill to prevent the exten- potential attacks. sion from becoming law. This is the Assault weapons pose a fundamental Mr. FEINGOLD. Mr. President, I rise power of the NRA. danger to law enforcement and our so- to express my strong support for the In over a decade as a U.S. Senator, I ciety, and we will continue to work to Electricity Reliability Act of 2004, S. have encountered no lobby stronger extend the ban in the Senate. The as- 2236. I am proud to be an original co- than the gun lobby. I am convinced sault weapons ban is too important to sponsor of this legislation and I hope that if the NRA is going to be defeated, let die. that the Senate acts on this bill soon. it will be by the mothers and fathers of The bottom line is this—what is the Although we cannot agree on the com- this Nation—parents who want a future argument for letting these banned guns prehensive energy bill that has been for their children free of the violence back on the streets? before the Senate, we can agree on

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4990 CONGRESSIONAL RECORD — SENATE May 6, 2004 many provisions in the bill. Mandatory ment for seven years, where he was as- began his career in public service dur- reliability standards are a perfect ex- signed to the Gang Violence Suppres- ing World War II where he served in the ample of what we all agree should be sion Unit and the Special Operations Army’s 442d Regimental Combat Team. part of our national energy policy. Unit. Officer Gray was well known for The famed ‘‘Go for Broke’’ regiment of Our citizens deserve a reliable, safe going above and beyond the call of Japanese American soldiers coura- power grid. This is one of the country’s duty, distinguishing himself as a dedi- geously defended our country abroad most pressing energy needs. We have to cated and brave officer through his even as their families endured unjust do all that we can to prevent blackouts many heroic efforts and accomplish- internment at home. like the one that hit the east coast and ments. During his tenure with Merced This is just one of the many achieve- Midwest last August and the Electric Police Department, Officer Gray re- ments made by Asian Pacific Ameri- Reliability Act of 2004 takes a crucial ceived a commendation for assisting in cans in the face of adversity. Despite step toward that goal. The bill grants the capture of a dangerous criminal discriminatory laws such as the Chi- the Federal Energy Regulatory Com- street gang member and for saving the nese Exclusion Act of 1882, the Alien mission—FERC—the explicit authority life of an eleven-month-old infant who Law Act of 1920, and the forced intern- to create mandatory electric reli- was not breathing. Officer Gray de- ment of Japanese Americans during ability standards. FERC can also ap- voted himself to making the streets World War II, Asian Pacific Americans prove the formation of electric reli- safer for the people of Merced. have forged ahead to become a very ability organizations, which will, sub- Stephan Gray was also a loving hus- successful and fast-growing segment of ject to FERC review, enforce these band, father, and son. He enjoyed play- American society. standards. Strong and enforceable elec- ing catch with his son, Isaiah. He loved Today, over 13 million Asian Pacific tric reliability standards will help en- to sing and dance and was an avid Americans reside in the United States. sure that our citizens and businesses do scuba diver and tropical fish enthu- Whether through academics, tech- not have to worry about their respec- siast. nology, the arts, or business, the im- tive lives and livelihoods being dis- My heart goes out to his wife, his pact of the APA community is felt in rupted by blackouts. daughter, his sons, and the countless virtually every aspect of our society. In fact, a joint investigation by a others whose lives he touched. I want The U.S. Department of Commerce United States-Canadian task force them to know that people across Cali- estimates that Asian Pacific American found that the lack of mandatory reli- fornia share their grief as we also sa- firms alone account for 2.2 million ability standards contributed to the lute the gift of his life and work. American jobs and generate over $300 August 14, 2003, blackout. This massive A gallant officer is gone, but he will billion in revenue. In California alone, outage affected 50 million people in not be forgotten. We can and must Asian Pacific Americans own over 12 carry on his work by giving commu- eight U.S. States and parts of Canada. percent of all businesses, making them nity police officers and other first re- a significant force in the State’s econ- The task force report found that an sponders the resources they need to omy. Ohio-based utility and regional grid bring peace and safety to our Nation’s Asian Pacific Americans are also manager together violated at least six streets and neighborhoods. gaining an increased presence in Fed- reliability standards on the day of the f eral, State, and local governments. blackout. Examples of the reliability Throughout my career, I have had the violations that contributed to the IN CELEBRATION OF ASIAN PA- distinct honor of working with many blackout included: not reacting to a CIFIC AMERICAN HERITAGE extraordinary Asian Pacific American power line failure within 30 minutes, MONTH leaders such as Senators Inouye and not notifying nearby systems of the Mrs. FEINSTEIN. Mr. President, I Akaka of Hawaii, Secretary of Trans- transmission problems, failing to ana- rise today to honor Asian Pacific portation Norman Mineta, and Sec- lyze what was happening to the grid, American Heritage Month and to pay retary of Labor Elaine Chao. Each of inadequately training operators, and tribute to the struggles and enormous these public servants can function as failing to adequately monitor trans- contributions of Asian Pacific Ameri- an inspiration to all Americans. mission stations. Since the industry is cans to our Nation’s history and cul- But even as we celebrate these largely self-regulated, violations of ture. achievements, we must continue to ad- these voluntary reliability standards Each May since 1978, we have hon- dress the struggles and hardships expe- carry no penalties. This legislation ored the rich heritage and countless rienced by certain segments of the would hold utilities accountable for re- achievements of the many Asian Pa- APA community. liability violations. cific Americans in our country. The In California, we have large popu- Let’s act now and pass this legisla- month of May was aptly chosen in lations of Southeast Asian and Pacific tion before we face a blackout like we order to commemorate both the arrival Islanders who have recently sought ref- saw last summer. We should work to- of the first Japanese immigrants in uge in our country as a result of war gether to pass the elements of the 1843, and also the completion of the and civil unrest. As these newcomers broader energy bill that are necessary Transcontinental Railroad in 1869, to America pursue their dreams and and widely supported. I urge my col- which was constructed in large part by goals, we need to remember the chal- leagues to support Senator CANTWELL’s Chinese laborers. lenges they face and stay vigilant bill and to join me in asking that this ‘‘Freedom for All, a Nation We Call against discrimination and hate. legislation come to the floor. Our Own’’ is the theme for this year’s That is why I believe one of the most f celebration of Asian Pacific American significant contributions of Asian Pa- Heritage Month. This phrase beau- cific Americans to our Nation is their OFFICER STEPHAN GRAY tifully encapsulates the great journey role as our neighbors. America draws Mrs. BOXER. Mr. President, I rise of Asian Pacific Americans to achieve its strength from diversity. The pres- today to celebrate the life and mourn the American dream and rings espe- ence of Asian Pacific Americans in our the death of Officer Stephan Gray of cially true during these uncertain communities further adds to the vi- the Merced Police Department. On times at home and abroad. brancy of the American landscape. April 15, 2004, Stephan Gray, age 34, be- The men and women of our Armed The strength of diversity is evident came the first officer to be killed in Forces, many of whom are from the in my home State of California, where the line of duty in the history of the APA community, are proudly serving close to one-third of the entire Asian Merced Police Department. Stephan is all over the world to secure our home- Pacific American population lives. One mourned by his wife Michelle Gray and land. Currently, thousands of young only needs to look at Los Angeles and their three children: Landess, 13; Isa- Asian Pacific Americans are defending San Francisco to see the rich kaleido- iah, 5; and Cameron, 3. our country, joining the ranks of over scope of cultures and traditions that Officer Stephan Gray died in the line 300,000 APA veterans who have served Asian Pacific Americans have brought of duty while protecting the commu- in the name of freedom. to their communities. nity that he cherished. Officer Gray One such veteran is my esteemed col- Places such as Chinatown, Little worked for the Merced Police Depart- league, Senator INOUYE of Hawaii, who Tokyo, Little Saigon and Koreatown

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4991 are no longer isolated ethnic enclaves. information systems, and program re- On Wednesday, April 21, 2004, shortly As the APA community has spread and view structures, government contracts before 3 p.m., Officer Steiner exited the grown, these historic neighborhoods will not realize savings for the Amer- Pomona South Courthouse after testi- have become vibrant centers of cul- ican people. This has been proved time fying in traffic court. Before he could tural exchange and learning. and again by GAO. Contract manage- get to his patrol car, shots were fired As a former mayor and native of San ment and acquisitions have long been at the officer from behind the wheel of Francisco, I can safely say that my identified as high-risk areas. As such, a car. Officer Steiner died at a local hometown would not be the wonder- we must ensure that Government con- hospital later that evening. An arrest fully vibrant, bustling city it is with- tracts are awarded only to responsible was made in the case. out the conditions of the Asian Pacific parties who generate cost-savings Thomas Steiner died because he wore American community. throughout the life of contracts. To a uniform. Our law enforcement offi- Finally, Asian Pacific Americans counter cost overruns and stop erro- cers know the dangers and demands of played an important role as we built neous and improper payments, agencies their profession, but despite the daily our country into what it is today. I am need the resources to improve the challenges they face, they commit pleased to take this time today to speed and accuracy of contract data themselves to protecting others and do honor the accomplishments of these re- collection. so selflessly. A five-year CHP veteran, markable Americans during this Asian The GAO report also noted that six Officer Steiner clearly exemplified the Pacific American Heritage Month. out of the seven agency offices exam- very best. CHP Chief Mike Brown told a news source that Steiner ‘‘loved f ined had only one or two employees overseeing outsourcing activities. More being a cop. He loved putting on the PROMOTING FAIRNESS WITHIN must be done to make certain that uniform. He wore it with pride.’’ CHP THE FEDERAL CONTRACTING agencies have the people, skills, and Commissioner D.O. ‘‘Spike’’ Helmick PROCESS technologies needed to oversee $230 bil- called Steiner a ‘‘quiet family man al- Mr. AKAKA. Over the past 3 days, I lion in contracts. ways ready to help.’’ Steiner was also have discussed the need to honor public The key to achieving success requires known as a mentor to newcomers to servants, especially Federal workers, strengthening the Federal Govern- the department. He will be deeply during Public Service Recognition ment’s acquisition and contract man- missed by all those privileged to have Week. I thought back to last week agement workforce. We must recognize known him. Officer Steiner’s murder sent when I participated in the nomination that this corps of professionals make shockwaves through the community. hearing for David Safavian, who has decisions every day affecting how hun- Steiner was known as a solid officer been nominated to serve as the Admin- dreds of millions of Federal dollars are and devoted family man. Whether istrator for the Office of Federal Pro- spent. For a number of years now, the drinking his morning Gatorade at the curement Policy. This position serves acquisition workforce has been dras- station or bottle-feeding his baby on as the gatekeeper for the Government’s tically downsized and many of those re- the homefront, Officer Steiner’s goals contracts. Much of our discussion with maining are eligible to retire. seemed to be simple: to do his job well Mr. Safavian centered on making sure Whether we are discussing quotas or that Federal employees have the right and be a good husband and father. the acquisition workforce, concerns As the community reflects on the life to protest competition decisions and about competitive outsourcing within that agencies have adequate funds to and memory of Officer Steiner with a the Federal Government are essen- very heavy heart, I salute his legacy as compete to retain work in-house. tially about accountability. Approxi- a dedicated officer and family man, and Some of the concerns expressed at mately 2 million Federal employees our hearing stemmed from what I con- extend my deepest condolences to his and another 8 million private sector entire family and to his friends. sider to be misguided principles set employees work for the Government on forth under the President’s Manage- grants and contracts. This situation f ment Agenda, which required agencies raises concerns about who is ulti- THE EFFORTS TO ATTACH THE to implement quotas that could have mately responsible for contracted ENERGY BILL TO S. 150, THE resulted in the contracting out of up to work. It also draws attention to the INTERNET TAX BILL one-half of all Federal work. Congress, long-term implications of competitive Mr. FEINGOLD. Mr. President, I in a bipartisan manner, voiced its op- outsourcing, both in terms of money would like to explain my votes on two position to this government-wide ap- spent, efficiencies gained, and the re- amendments that were offered to S. proach of contracting out quotas tention of institutional knowledge and 150, the Internet access tax bill that through provisions in the Fiscal Year experienced Federal employees. the Senate debated last week. I was 2003 Transportation, Treasury, and As we near the end of Public Service pleased to support the amendment of- General Government Appropriations Recognition Week, I want to thank our fered by the Senator from South Da- Act. In response to this action and oth- acquisition workforce for their efforts kota, Mr. DASCHLE, No. 3050. I support ers, the administration dropped this in managing Government contracts. I the renewable fuels title of this amend- approach in favor of agency-specific also urge my colleagues to support ef- ment and the measures that increase plans. With the recent policy reversal forts to increase and train the acquisi- the supply of ethanol. I also support of the administration on contracting tion workforce and implement the sys- language to consolidate the number of quotas, I had hoped that the change tems and structures needed to ensure reformulated gasoline blends. I have would have resulted in a fairer ap- that Government contracting is trans- worked closely with Congressman PAUL proach to the contracting out of Fed- parent, accountable, cost effective, and RYAN in an effort to reduce the number eral work. Therefore, I was dis- fair to Federal workers. of Federal reformulated gasoline appointed that a February 2004 report f blends and increase gasoline supplies. on competitive sourcing by the General In recent years, fuel supply shocks CALIFORNIA HIGHWAY PATROL Accounting Office, GAO, Congress’s such as pipeline problems and refinery OFFICER THOMAS STEINER independent auditor, found that agen- fires have contributed significantly to cies have focused more on following Mrs. BOXER. Mr. President, flags gasoline price spikes in southern Wis- OMB guidelines on the number of posi- were flown at half-staff recently in consin. Chicago and southeast Wis- tions to compete at the expense of memory of Thomas J. Steiner, a Cali- consin use a specialized blend of refor- achieving savings and improving per- fornia Highway Patrol, CHP, officer al- mulated gasoline to meet Federal formance. legedly killed by a teenager who want- Clean Air Act requirements that is not As the ranking member of the Gov- ed to impress a gang. Officer Steiner used elsewhere in the country. When ernmental Affairs Financial Manage- was 35 years old and left behind a wife, supplies of this type of gasoline run ment Subcommittee and the Armed Heidi, and two children, Bryan and low, Wisconsin is unable to draw on Services Readiness Subcommittee, I Justin. I am honored to stand before supplies of gasoline from other areas. understand that without adequate my colleagues to memorialize this I could not, however, support the management structures, management dedicated officer. amendment offered by the Senator

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4992 CONGRESSIONAL RECORD — SENATE May 6, 2004 from New Mexico, Mr. DOMENICI, No. For these reasons, I supported the tival and he is of counsel to the law 2051. This so-called ‘‘scaled down’’ Daschle amendment that contained the firm of Dinse, Knapp & McAndrew in version of the energy bill consists of energy bill’s renewable fuels title, but I Burlington, VT. 900 pages and contains many of the opposed the Domenici amendment. I There are a very few people in this worst provisions of the H.R. 6 con- appreciate the need to develop a new world who have given so much and ference report that failed to get cloture energy strategy for this country, and I asked so little in return. I hope Ed last fall. The entire Wisconsin congres- hope that Congress will pass the por- Colodny knows that his years of serv- sional delegation voted against the bill tions of the energy bill legislation that ice have not gone unnoticed. This last fall, and I cannot support the have widespread support so that we can award shows how much he is appre- amendment either. address the pressing energy needs of ciated, even though it is impossible for In addition to its fiscal implications, our country in a sensible way. us to fully recognize his many con- I am deeply concerned that the amend- f tributions. ment repeals the Public Utility Hold- I am so proud to stand here and tell ing Company Act. This critical act pro- ADDITIONAL STATEMENTS you about such a great Vermonter. I tects consumers against abuses in the wish him my deepest congratulations ∑ utility industry. Repeal of PUHCA TRIBUTE TO EDWIN COLODNY for an award he so greatly deserves. would leave ratepayers vulnerable and ∑ f spur further consolidation in an indus- Mr. JEFFORDS. Mr. President, try that has already seen a number of today I wish to recognize Edwin I. THE LIFE OF ELLIOTT MARANISS mergers. Furthermore, the bill does Colodny, a native son of Burlington, ∑ Mr. FEINGOLD. Mr. President, I not protect consumers from Enron- VT, as this year’s recipient of the Bur- would like to take a moment to pay style electricity trading practices and lington Business Association’s Nate tribute to Elliott Maraniss, a jour- market manipulation. The Senate re- Harris Award. This award is conferred nalist whose work invariably served cently went on record in support of an annually on an individual who exhibits the cause of justice. Though he passed amendment by Senator CANTWELL to the enthusiasm and dedication to away on May 1, his work, and his com- bar such abusive practices and I am maintain and improve the economic vi- mitment to the community he served, disappointed that the Domenici amend- tality of the Burlington region. Ed has will leave an indelible mark on our ment fails to include similar protec- supported the Burlington and greater State. tions. Vermont community in so many ways Maraniss, who rose to become editor Also the amendment has serious en- that all Vermonters owe him a debt of of Madison’s Capital Times newspaper, vironmental impacts. For example, the gratitude. first made his mark in Wisconsin as a amendment undercuts the Clean Air Ed was born in 1926 in Burlington and reporter for that paper, with award- Act by postponing ozone attainment graduated from Burlington High winning investigative stories about standards across the country. This School in 1944. He went on to receive river pollution, controversy at the UW- issue was never considered in the an A.B. degree from the University of Medical School, and a UW-Madison House or Senate bill, but it was in- Rochester in 1948, and an LL.B. from boxing scandal. He went on to serve as serted in the energy conference report. Harvard Law School in 1951. From 1975 city editor, managing editor, and fi- This rewrite of the Clean Air Act is not to 1991, Ed was president and chief ex- nally editor, a post he held from 1978 fair to cities like Milwaukee that have ecutive officer of US Airways, Inc. and until he retired in 1983. As an editor he devoted significant resources to reduc- was also president and chief executive was known for being a mentor, for ing ozone and cleaning up their air. officer of US Airways Group from 1978 spotting talented new reporters, and And as asthma rates across the country to 1991, and chairman of the board from for caring deeply about his staff. increase, this provision could severely 1978 to 1992. His leadership and integrity in the undercut efforts to safeguard the air More recently, Ed served as the in- newsroom were legendary, and it was quality of our citizens. terim president of the University of on those qualities, as well as his jour- In addition to undermining air qual- Vermont and interim president and nalistic skills, that he built his out- ity protection, the amendment allows chief executive officer of Fletcher standing career. for siting of transmission lines in na- Allen Health Care, Vermont’s premiere His commitment to justice was life- tional parks, grants exemptions from medical treatment facility, during crit- long, and he inspired many others the Clean Water Act and Safe Drinking ical change periods at both institu- through his work. A World War II vet- Water Act for oil and gas companies, tions. Ed also served as chairman of eran, he saw injustice firsthand in the and pays oil and gas companies for the board of Comsat Corporation, a still-segregated Army, where he served their costs of compliance with the Na- leading provider of global satellite and as captain of an all-African-American tional Environmental Policy Act. digital networking services, which unit. Later in life he entered the polit- I am also concerned that the tax- merged into Lockheed Martin Corpora- ical realm, working for Milwaukee payers would pay $2 billion in transi- tion. Mayor Henry Maier after retiring from tion assistance for MTBE manufac- I have admired the breadth and depth the Capital Times. tures. MTBE is found in all 50 States, of Ed’s business experience and his I extend my condolences to his wife, and high levels are affecting drinking ability to collaborate with all partners Mary, and to his family and friends. water systems all over the Midwest, in- involved in complex matters. His ca- His passing is a great loss for all those cluding 5,567 wells in 29 communities in reer-long dedication to fair and equi- who knew him, and for everyone who Wisconsin, even though the State only table treatment for workers and a de- understands the powerful contributions used MTBE gasoline for the first few sire to look for winning solutions to that journalists can make when they weeks of the phase I program that problems has set him apart from many are fiercely committed to the truth, began in January 1995. of his peers. He understands the dy- and to the cause of justice. So today I This amendment also fails to reduce namics of a healthy business climate join his many family and friends in our reliance on fossil fuels. The Senate while maintaining a respect for the dif- paying tribute to his memory. He will energy bill contained a requirement ferent needs and expertise of other par- be long remembered for his out- that power companies provide at least ticipants. standing service to the Capital Times 10 percent of their power from renew- Ed works tirelessly for the well being and to his community, and for his able energy sources like wind and solar of Vermont and its people. He now many contributions to the State of power. The technical term is a renew- serves as chair of a Vermont com- Wisconsin.∑ able portfolio standard. The amend- mittee to clean up Lake Champlain, f ment doesn’t contain any renewable one of Vermont’s natural jewels. He portfolio. standard. There’s no doubt continues to sit on numerous non-prof- DEPUTY JOHN PAUL SANDLIN: IN that we can and should do better on re- it boards such as Vermont Law School, MEMORIAM newable energy to reduce our depend- Shelburne Museum, Vermont Sym- ∑ Mrs. BOXER. Mr. President, I wish to ence on fossil fuels. phony Orchestra, Vermont Mozart Fes- honor and share with my colleagues

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4993 the memory of a remarkable man, Re- people across the country were consid- dian, Whoopi Goldberg. He also re- serve Deputy John Sandlin of Solano ered for this recognition each year. ceived an engraved silver medallion County, who died Friday, April 23, 2004. The Prudential Spirit of Community and a trip to Washington, DC, for the Deputy Sandlin spent almost 50 years Awards, created by Prudential Finan- program’s national recognition events. working to protect his fellow citizens, cial in partnership with the National Twelve-year-old Andrew, a sixth serving a distinguished career in the Association of Secondary School Prin- grader at Sussex Academy of Arts and Navy and as a volunteer deputy with cipals, NASSP, constitutes America’s Sciences, helped collect shoes, socks, the Solano County Sheriff’s Office. largest youth recognition program and shoelaces for needy orphans around Deputy Sandlin was killed in the line based exclusively on volunteerism. The the world. Andrew started the project of duty when his patrol car spun out of awards are designed to emphasize the by writing letters to the four elemen- control during a recent pursuit. importance that our Nation places on tary school principals in his hometown John Sandlin was the devoted hus- service to others and to encourage of Seaford, asking them for permission band of Dr. Kay Talbot and the proud young Americans of all backgrounds to to collect donations in their schools. father of three daughters, Lizabeth, contribute to their communities. He wrote articles for his school news- Lori and Susan. He was also the proud Meghan Pasricha was named as one letters, created handouts and bro- grandfather of seven grandchildren. of America’s top 10 youth volunteers chures explaining the purpose of his Deputy Sandlin compiled a remark- for 2004. Selected from more than 2,000 project, decorated collection boxes for able record in community policing applicants, she received $5,000, an en- each of the four schools, and solicited with the Solano County Sheriff’s Of- graved gold medallion and a crystal donations from local department fice, becoming its second most highly trophy from her school, Sanford stores. Some 300 pairs of shoes, 83 pairs decorated officer. He spent 20 years as School. In addition, she will have of socks and 15 pairs of shoelaces were a volunteer reserve deputy who pa- $25,000 in toys, clothing and other juve- collected for this effort. From there, trolled the streets most Friday nights nile products donated in her name to the items were sent to the Buckner Or- for the past decade. Last May, he needy children in the area by Kids in phan Care facility in Texas. The items earned the Sheriff’s Office Distin- Distressed Situations, Inc. were then distributed worldwide to or- guished Service Medal and the Purple Meghan Pasricha, 18, of Hockessin, is phans in need. Andrew felt that this Heart. Sheriff Gary Stanton said of a senior at Sanford School. Meghan project was important because ‘‘many Deputy Sandlin, ‘‘We lost a brother—a started an antitobacco club at her children on Earth are poor, and not man who has been part of our depart- school that has since developed into a very many people are trying to help ment for 20 years.’’ full-blown campaign to educate young them.’’ Before joining the Solano County people across the country and overseas Today, I rise to congratulate Meghan Sheriff’s Office, John served in the about the hazards of smoking. When and Andrew. These youngsters inspire Navy for 22 years. He became a nuclear Meghan heard that her State legisla- examples of community spirit and power instructor, served in the Sub- ture was considering a ban on indoor leadership. They serve as role models marine Service, and was awarded the smoking, she paid close attention. not only to their peers, but to all of us, Navy Commendation Medal for saving After learning that most smokers start as well as to the people they have another’s life. He attained the rank of before they turn 18, Meghan founded touched through community service. Lieutenant Commander while on active the Anti-Tobacco Action Club at her They represent the State of Delaware duty. school. With a grant from the Amer- at its very best.∑ John Sandlin also spent 14 years at ican Lung Association and the Dela- f Westinghouse Electric Corporation as a ware Health Fund, she recruited a core Senior Mechanical Engineer and Docu- team of volunteers, led meetings, ALAMEDA CORRIDOR TRANSPOR- mentation Manager. During his career planned a year-long series of TATION AUTHORITY’S EARLY at Westinghouse, he was sworn in as a antitobacco activities, created training LOAN REPAYMENT reserve deputy sheriff with the Solano and presentation materials, and con- ∑ Mrs. BOXER. Mr. President, I con- County Sheriff’s Air Squadron. He ducted 12 tobacco awareness workshops gratulate the Alameda Corridor Trans- earned the 1990 Community Service for school and youth groups. She also portation Authority, ACTA, for repay- Award for his dedication to law en- set up a tobacco education booth at a ing its loan to the Federal Government forcement and drug surveillance activi- school health fair, published a news- 28 years ahead of schedule. ties with the Solano County Sheriff’s letter and helped other Delaware ACTA has proven that it is an asset Department. schools start tobacco education pro- for Southern California and the Fed- After retiring from Westinghouse, he grams. And by writing newspaper arti- eral Government by building the Ala- soon entered the patrol field training cles and speaking publicly, she helped meda Corridor on time and on budget— program in the Sheriff’s Office and mobilize youth support for the enact- and now repaying the loan so early. began to work on the ground, patrol- ment of one of the Nation’s toughest I have worked on this project since ling the streets to protect his commu- indoor smoking bans. 1995, when I secured the Alameda Cor- nity. On a visit to India, Meghan observed ridor as a high priority corridor in the John Sandlin died doing what he how young people there are targeted by National Highway System bill. loved to do—providing protection for tobacco sellers, so she trained a group This project is extremely important his community. He was a natural lead- of youth advocates to raise awareness because the ports of Los Angeles and er, a compassionate mentor, and an en- in a number of villages. Later, Meghan Long Beach receive 40 percent of the thusiastic, charming and very well- presented her project at the World Con- Nation’s imports, together composing liked member of the Sheriff’s Office. ference on Tobacco in Finland, and the largest shipping complex in the We will always be grateful for Deputy worked with youth advocates from United States. Sandlin’s heroic service defending our nine other nations to prepare a World By taking trucks off the road, the Al- Nation and our freedoms, and pro- Health Organization Youth Action ameda Corridor helps move goods more tecting his community.∑ Guide and video. ‘‘I am convinced that rapidly and reduces congestion for f a single person, even if young and inex- many communities in southern Cali- perienced, can become a catalyst for fornia. PRUDENTIAL SPIRIT OF change,’’ she said. ‘‘Young people are I am proud to be associated with this COMMUNITY AWARD HONOREES often told that they are ‘leaders of to- project. It is a model for the Nation ∑ Mr. CARPER. Mr. President, today I morrow.’ I urge young people to be- and a model for innovative finance. recognize Meghan Pasricha and Andrew come leaders today.’’ I look forward to working with ACTA Bell for being selected as two of the Andrew Bell of Seaford was selected on new projects supporting goods Nation’s top youth volunteers in the as one of Delaware’s top youth volun- movement in southern California. ninth annual Prudential Spirit of Com- teers for 2004. He received a $1,000 I ask that a proclamation signed by munity Awards. This is an extraor- award and was congratulated by Acad- the City of Los Angeles, the City of dinary honor. More than 24,000 young emy Award winning actress and come- Long Beach, and the Alameda Corridor

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4994 CONGRESSIONAL RECORD — SENATE May 6, 2004 Transportation Authority be printed in I am proud to announce that students which it requests the concurrence of the RECORD. from East Brunswick High School in the Senate. The proclamation follows. East Brunswick, NJ, won first place in H.R. 27. An act to amend the United States PROCLAMATION this prestigious academic event. After Housing Act of 1937 to exempt small public Whereas, in connection with the issuance winning the statewide competition, housing agencies from the requirement of of the Alameda Corridor Transportation Au- these outstanding students dem- preparing an annual public housing agency thority Subordinate Lien Revenue Refunding onstrated superior knowledge of the plan. Bonds, Series 2004A and Series 2004B, the Au- U.S. Constitution during the national H.R. 2771. An act to amend the Safe Drink- ing Water Act to reauthorize the New York thority intends to prepay the remaining bal- competition. ance of the Federal Loan dated January 17, City Watershed Protection Program. The 3-day We the People competition H.R. 4227. An act to amend the Internal 1997 by and between the Alameda Corridor is modeled after Congressional hear- Transportation Authority (ACTA) and the Revenue Code of 1986 to extend to 2005 the al- United States Department of Transpor- ings. First, the students are given an ternative minimum tax relief available in tation, Federal Highway Administration opportunity to exhibit their knowlege 2003 and 2004 and to index such relief for in- (DOT); before a panel of adult judges while flation. Whereas, the City of Los Angeles, the City they evaluate, take, and defend posi- of Long Beach and ACTA hereby acknowl- tions on relevant historical and con- At 6:18 p.m., a message from the edge the critical role of the DOT in the de- temporary issues. Their testimony is House of Representatives, delivered by velopment and financing of the Alameda followed by questions designed to probe Ms. Niland, one of its reading clerks, Corridor Project; the students’ depth of understanding announced that the House disagree to Whereas, the DOT was an instrumental the amendments of the Senate to the partner in achieving the substantial comple- and ability to apply their constitu- tional knowledge. bill (H.R. 2443) to authorize appropria- tion of the Alameda Corridor Project and in tions for the Coast Guard for fiscal significantly improving the transportation This innovative program continues year 2004, to amend various laws ad- system and movement of goods in the South- to be one of the best antidotes to apa- ern California region; thy and cynicism in our Nation. Nu- ministered by the Coast Guard, and for Now Therefore, the undersigned hereby merous evaluations and independent other purposes, and agree to the con- proclaim their gratitude and appreciation to studies have validated the effectiveness ference asked by the Senate on the dis- the DOT for its efforts in connection with of the We the People program on stu- agreeing votes of the two Houses there- this significant transportation project.∑ dents’ civic knowledge and attitudes. on. f The program helps students to develop Ordered, That the following Members be the managers of the conference on TRIBUTE TO FATHER JOHN D. an increased understanding of the in- the part of the House: DEATRICK stitutions of constitutional democracy and the fundamental principals and From the Committee on Transpor- ∑ Mr. BUNNING. Mr. President, today I values upon which they are founded. It tation and Infrastructure, for consider- would like to take the opportunity to also teaches students the skills nec- ation of the House bill and the Senate honor an outstanding member of the essary to participate as effective and amendments, and modifications, com- Catholic church, Father John D. responsible citizens. mitted to conference: Mr. YOUNG of Deatrick, the pastor at St. Martha in I commend the students from East Alaska, Mr. COBLE, Mr. DUNCAN, Mr. Louisville, KY. Brunswick High School on their excep- HOEKSTRA, Mr. LOBIONDO, Mr. SIMMONS, Father Deatrick is retiring June 13, tional achievement—their accomplish- Mr. DIAZ-BALART, Mr. OBERSTAR, Mr. 2004 upon reaching the mandatory re- ment is truly inspiring. I wish them FILNER, Mr. BISHOP, and Mr. LAMPSON. tirement age of the Catholic church. the best of luck in learning and advo- For consideration of the House bill He has been an ordained priest for 38 cating the fundamental ideals that and the Senate amendments, and modi- years. Throughout his years as a pas- identify us as a people and bind us to- fications committed to conference: Mr. tor, Father Deatrick served as chaplain gether as a Nation.∑ COX and Mr. THOMPSON of Mississippi. at St. Xavier High School as well as The message also announced that the Bellermine University where he also f House has agreed to the following con- served as the Bellermine Knights base- MESSAGES FROM THE PRESIDENT current resolutions, in which it re- ball coach. He has remained a steadfast quests the concurrence of the Senate: baseball fan throughout the years and Messages from the President of the United States were communicated to H. Con. Res. 326. Concurrent resolution ex- attends the National spring training pressing the sense of Congress regarding the camp in Florida when he gets the op- the Senate by Ms. Evans, one of his arbitrary detention of Dr. Wang Bingzhang portunity. secretaries. by the Government of the People’s Republic Father Deatrick has been the pastor f of China and urging his immediate release. at St. Martha for 11 years. He will be H. Con. Res. 398. Concurrent resolution ex- EXECUTIVE MESSAGES REFERRED greatly missed by the members of his pressing the concern of Congress over Iran’s As in executive session the Presiding development of the means to produce nu- congregation. I join all Kentuckians in clear weapons. commending Father Deatrick for his Officer laid before the Senate messages faithfulness and dedication to the from the President of the United f Catholic church for the past 38 years. I States submitting sundry nominations ENROLLED BILL SIGNED wish him well in his retirement.∑ and withdrawals which were referred to the appropriate committees. The message further announced that f (The nominations received today are the Speaker has signed the following 2004 WINNERS OF THE ‘‘WE THE printed at the end of the Senate pro- enrolled bill: PEOPLE: THE CITIZEN AND THE ceedings.) S. 2315. An act to amend the Communica- CONSTITUTION’’ NATIONAL COM- tions Satellite Act of 1962 to extend the f PETITION deadline for the INTELSAT initial public of- fering. ∑ Mr. CORZINE. Mr. President, on May MESSAGES FROM THE HOUSE 1–3, 2004, over 1,200 students from At 12:26 p.m., a message from the f across the United States visited our House of Representatives, delivered by MEASURES REFERRED Nation’s Capital to take part in the na- Ms. Niland, one of its reading clerks, The following bill was read the first tional finals of We the People: The Cit- announced that the House has passed and the second times by unanimous izen and the Constitution. This pro- the following bill, without amendment: consent, and referred as indicated. gram, administered by the Center for S. 2315. An act to amend the Communica- H.R. 27. An act to amend the United States Civic Education and funded by the De- tions Satellite Act of 1962 to extend the Housing Act of 1937 to exempt small public deadline for the INTELSAT initial public of- partment of Education, was developed housing agencies from the requirement of fering. specifically to educate young people preparing an annual public housing agency about our great Constitution and Bill The message also announced that the plan; to the Committee on Banking, Hous- of Rights. House passed the following bills in ing, and Urban Affairs.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4995 The following concurrent resolutions Small Farmers, and Ranchers’’ (RIN3052– Maintenance Workloads″; to the Committee were read, and referred as indicated: AC07) received on May 6, 2004; to the Com- on Armed Services. mittee on Agriculture, Nutrition, and For- EC–7377. A communication from the Acting H. Con. Res. 326. Concurrent resolution ex- estry. Under Secretary of Defense for Acquisition, pressing the sense of Congress regarding the EC–7365. A communication from the Ad- Technology, and Logistics, Department of arbitrary detention of Dr. Wang Bingzhang ministrator, Dairy Programs, Agricultural Defense, transmitting, pursuant to law, a re- by the Government of the People’s Republic Marketing Service, transmitting, pursuant port relative to the Multi-mission Maritime of China and urging his immediate release; to law, the report of a rule entitled ‘‘Milk in Aircraft; to the Committee on Armed Serv- to the Committee on Foreign Relations. the Northeast and Other Marketing Orders— ices. H. Con. Res. 398. Concurrent resolution ex- Interim Order’’ received on April 29, 2004; to EC–7378. A communication from the Senior pressing the concern of Congress over Iran’s the Committee on Agriculture, Nutrition, Vice President and Chief Financial Officer, development of the means to produce nu- and Forestry. Export-Import Bank of the United States, clear weapons; to the Committee on Foreign EC–7366. A communication from the Acting transmitting, pursuant to law, the Bank’s Relations. Under Secretary of Defense for Acquisition, 2003 Annual Report; to the Committee on f Technology, and Logistics, Department of Banking, Housing, and Urban Affairs. EC–7379. A communication from the Acting MEASURES READ THE FIRST TIME Defense, transmitting, pursuant to law, a re- port relative to depot-level maintenance and General Counsel, Federal Emergency Man- The following bills were read the first repair workloads by the public and private agement Agency, Department of Homeland time: sectors; to the Committee on Armed Serv- Security, transmitting, pursuant to law, the H.R. 4227. An act to amend the Internal ices. report of a rule entitled ‘‘Final Flood Ele- Revenue Code of 1988 to extend to 2005 the al- EC–7367. A communication from the Under vation Determinations: 69 FR 6172’’ (44 CFR ternative minimum tax relief available in Secretary of Defense, Comptroller, Depart- 67) received on May 5, 2004; to the Committee 2003 and 2004 and to index such relief for in- ment of Defense, transmitting, pursuant to on Banking, Housing, and Urban Affairs. EC–7380. A communication from the Acting flation. law , a report relative to the Defense Co- General Counsel, Federal Emergency Man- H.R. 2771. An act to amend the Safe Drink- operation Account; to the Committee on agement Agency, Department of Homeland ing Water Act to reauthorize the New York Armed Services. Security, transmitting, pursuant to law, the City Watershed Protection Program. EC–7368. A communication from the Gen- eral Counsel, Department of Defense, trans- report of a rule entitled ‘‘Changes in Flood f mitting, a draft of proposed legislation as Elevation Determinations: 69 FR 6165’’ (44 EXECUTIVE AND OTHER part of the National Defense Authorization CFR 65) received on May 5, 2004; to the Com- COMMUNICATIONS Bill for Fiscal Year 2005; to the Committee mittee on Banking, Housing, and Urban Af- on Armed Services. fairs. The following communications were EC–7369. A communication from the Direc- EC–7381. A communication from the Acting laid before the Senate, together with tor of Defense Research and Engineering, De- General Counsel, Federal Emergency Man- accompanying papers, reports, and doc- partment of Defense, transmitting, pursuant agement Agency, Department of Homeland uments, and were referred as indicated: to law, a report relative to the Foreign Com- Security, transmitting, pursuant to law, the parative Testing (FCT) Program; to the report of a rule entitled ‘‘Changes in Flood EC–7359. A communication from the Ad- Committee on Armed Services. Elevation Determinations: 69 FR 6170’’ ministrator, Food Safety and Inspection EC–7370. A communication from the Prin- (FEMA–P–7632) received on May 5, 2004; to Service, Department of Agriculture, trans- cipal Deputy for Personnel and Readiness, the Committee on Banking, Housing, and mitting, pursuant to law, the report of a rule Department of Defense, transmitting, a list Urban Affairs. entitled ‘‘Prohibition of the Use of Certain of officers to wear the insignia of the next EC–7382. A communication from the Acting Stunning Devices Used to Immobilize Cattle higher grade; to the Committee on Armed General Counsel, Federal Emergency Man- During Slaughter’’ received on May 6, 2004; Services. agement Agency, Department of Homeland to the Committee on Agriculture, Nutrition, EC–7371. A communication from the Prin- Security, transmitting, pursuant to law, the and Forestry. cipal Deputy for Personnel and Readiness, report of a rule entitled ‘‘Suspension of Com- EC–7360. A communication from the Ad- Department of Defense, transmitting, pursu- munity Eligility: 69 FR 5474’’ (FEMA–7825) ministrator, Food Safety and Inspection ant to law, the report of an approval to wear received on May 5, 2004; to the Committee on Service, Department of Agriculture, trans- the insignia of general; to the Committee on Banking, Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule Armed Services. EC–7383. A communication from the Acting entitled ‘‘Transfer of Voluntary Inspection EC–7372. A communication from the Dep- General Counsel, Federal Emergency Man- of Egg Products Regulations’’ (RIN0583– uty Associate Administrator, Environmental agement Agency, Department of Homeland AC94) received on May 6, 2004; to the Com- Protection Agency, transmitting, pursuant Security, transmitting, pursuant to law, the mittee on Agriculture, Nutrition, and For- to law, the report of a rule entitled ‘‘Harpin report of a rule entitled ‘‘Final Flood Ele- estry. Protein; Exemption from the Requirement of vation Determinations: 69 FR 6179’’ (44 CFR EC–7361. A communication from the Ad- a Tolerance’’ (FRL7356–5) received on May 5, 67) received on May 5, 2004; to the Committee ministrator, Food Safety and Inspection 2004; to the Committee on Agriculture, Nu- on Banking, Housing, and Urban Affairs. Service, Department of Agriculture, trans- trition, and Forestry. EC–7384. A communication from the Assist- mitting, pursuant to law, the report of a rule EC–7373. A communication from the Dep- ant General Counsel for Regulations, Depart- entitled ‘‘Meat Produced by Advanced Meat/ uty Associate Administrator, Environmental ment of Housing and Urban Development, Bone Separation Machinery and Meat Recov- Protection Agency, transmitting, pursuant transmitting, pursuant to law, the report of ery Systems’’ (RIN0583–AC51) received on to law, the report of a rule entitled a rule entitled ‘‘Changes in Maximum Mort- May 6, 2004; to the Committee on Agri- ‘‘Pyraflufen-ethyl; Pesticide Tolerance’’ gage Limits for Multifamily Housing’’ culture, Nutrition, and Forestry. (FRL7358–2) received on May 5, 2004; to the (RIN2502–AI19) received on May 5, 2004; to the EC–7362. A communication from the Ad- Committee on Agriculture, Nutrition, and Committee on Banking, Housing, and Urban ministrator, Food Safety and Inspection Forestry. Affairs. Service, Department of Agriculture, trans- EC–7374. A communication from the Dep- EC–7385. A communication from the Acting mitting, pursuant to law, the report of a rule uty Associate Administrator, Environmental General Counsel, Federal Emergency Man- entitled ‘‘Prohibition of the Use of Specified Protection Agency, transmitting, pursuant agement Agency, Department of Homeland Risk Materials for Human Food and Require- to law, the report of a rule entitled Security, transmitting, pursuant to law, the ments for the Disposition of Non-Ambula- ‘‘Rhamnolipid Biosurfactant; Exemption report of a rule entitled ‘‘Changes in Flood tory Disabled Cattle’’ received on May 6, from the Requirement of a Tolerance; Tech- Elevation Determinations: 69 FR 6166’’ 2004; to the Committee on Agriculture, Nu- nical Correction’’ (FRL7356–2) received on (FEMA–D–7551) received on May 5, 2004; to trition, and Forestry. May 5, 2004; to the Committee on Agri- the Committee on Banking, Housing, and EC–7363. A communication from the Chair- culture, Nutrition, and Forestry. Urban Affairs. man and Chief Executive Officer, Farm Cred- EC–7375. A communication from the Liai- EC–7386. A communication from the Assist- it Administration, transmitting, pursuant to son Officer, Department of Defense, trans- ant General Counsel for Regulations, Depart- law, the report of a rule entitled ‘‘12 CFR mitting, pursuant to law, the report of a rule ment of Housing and Urban Development, Parts 614 and 617: Loan Policies and Oper- entitled ‘‘TRICARE: Special Supplemental transmitting, pursuant to law, the report of ations; Borrower Rights; Effective Interest Food Program for Women, Infants, and Chil- a rule entitled ‘‘Eligibility of Adjustable Rate Disclosure’’ (RIN3052–AC04) received on dren Overseas’’ (RIN0720–AA75) received on Rate Mortgages’’ (RIN2502–AH84) received on May 6, 2004; to the Committee on Agri- May 5, 2004; to the Committee on Armed May 5, 2004; to the Committee on Banking, culture, Nutrition, and Forestry. Services. Housing, and Urban Affairs. EC–7364. A communication from the Chair- EC–7376. A communication from the Acting EC–7387. A communication from the Assist- man and Chief Executive Officer, Farm Cred- Under Secretary of Defense for Acquisition, ant General Counsel for Regulations, Depart- it Administration, transmitting, pursuant to Technology, and Logistics, Department of ment of Housing and Urban Development, law, the report of a rule entitled ‘‘12 CFR Defense, transmitting, pursuant to law, a re- transmitting, pursuant to law, the report of Parts 614, 620, and 630: Young Beginning, port entitled ‘‘Distribution of DoD Depot a rule entitled ‘‘FHA Inspector Roster’’

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4996 CONGRESSIONAL RECORD — SENATE May 6, 2004 (RIN2502–AH76) received on May 5, 2004; to Programs, National Marine Fisheries Serv- AP50) received on May 5, 2004; to the Com- the Committee on Banking, Housing, and ice, Department of Commerce, transmitting, mittee on Commerce, Science, and Transpor- Urban Affairs. pursuant to law, the report of a rule entitled tation. EC–7388. A communication from the Dep- ‘‘Final Rule for the Final 2004 Specifications f uty Secretary of the Treasury, transmitting, for the Atlantic Mackerel, Squid, and pursuant to law, report on the national Butterfish Fisheries’’ (RIN0648–AQ83) re- PETITIONS AND MEMORIALS emergency with respect to Sudan that was ceived on May 5, 2004; to the Committee on POM–425. A joint memorial adopted by the declared in Executive Order 13067 of Novem- Commerce, Science, and Transportation. Legislature of the State of Washington rel- ber 3, 1997; to the Committee on Banking, EC–7398. A communication from the Direc- ative to technologies available at the Wash- Housing, and Urban Affairs. tor, National Marine Fisheries Service, De- ington Animal Disease Diagnostic Labora- EC–7389. A communication from the Assist- partment of Commerce, transmitting, pursu- tory; to the Committee on Agriculture, Nu- ant General Counsel for Regulations, Depart- ant to law, the report of a rule entitled trition, and Forestry. ment of Housing and Urban Development, ‘‘Fisheries of the Exclusive Economic Zone POM–426. A resolution adopted by the transmitting, pursuant to law, the report of Off Alaska; Pacific Cod by Catcher Vessels 60 Council of the City of Ocean City of the a rule entitled ‘‘HOME Investment Partner- Feet Length Overall and Longer Using Hook- State of New Jersey relative to local beach ships Program; American Dream Downpay- and-Line Gear in the Bering Sea and Aleu- replenishment; to the Committee on Bank- ment Initiative’’ (RIN2501–AC93) received on tian Islands’’ received on May 5, 2004; to the ing, Housing, and Urban Affairs. May 5, 2004; to the Committee on Banking, Committee on Commerce, Science, and POM–427. A resolution adopted by the Housing, and Urban Affairs. Transportation. Council of the City of Carbondale of the EC–7390. A communication from the Assist- EC–7399. A communication from the Dep- State of Illinois relative to the Senator Paul ant General Counsel for Regulations, Depart- uty Assistant Administrator for Regulatory Simon Federal Building; to the Committee ment of Housing and Urban Development, Programs, National Marine Fisheries Serv- on Environment and Public Works. transmitting, pursuant to law, the report of ice, Department of Commerce, transmitting, POM–428. A resolution adopted by the a rule entitled ‘‘Home Equity Conversion pursuant to law, the report of a rule entitled Board of Commissioners of the Town of Nags Mortgage (HECM) Program; Insurance for ‘‘Final Rule to Amend Regulations Gov- Head of the State of North Carolina relative Mortgage to Refinance Existing HECMs’’ erning the North Pacific Groundfish Ob- to federal funding for beach funding and (RIN2502–AH63) received on May 5, 2004; to server Program’’ (RIN0648–AR32) received on nourishment; to the Committee on Environ- the Committee on Banking, Housing, and May 5, 2004; to the Committee on Commerce, ment and Public Works. Urban Affairs. Science, and Transportation. POM–429. A resolution adopted by the Vil- EC–7391. A communication from the Acting EC–7400. A communication from the Dep- lage Officials Association of the County of Secretary, Department of Housing and Urban uty Assistant Administrator for Regulatory Suffolk of the State of New York relative to Development, transmitting, pursuant to law, Programs, National Marine Fisheries Serv- the federal government’s role in shoreline a report relative to the Government Na- ice, Department of Commerce, transmitting, nourishment projects; to the Committee on tional Mortgage Association (Ginnie Mae); pursuant to law, the report of a rule entitled Environment and Public Works. to the Committee on Banking, Housing, and ‘‘Atlantic Herring Fishery; Final 2004 Speci- POM–430. A resolution adopted by the City Urban Affairs. fications for the Atlantic Herring Fishery’’ of Hallandale Beach of the State of Florida EC–7392. A communication from the Direc- relative to federal participation in beach tor, National Oceanic and Atmospheric Ad- (RIN0648–AQ84) received on May 5, 2004; to the Committee on Commerce, Science, and erosion control projects and studies; to the ministration, transmitting, pursuant to law, Committee on Environment and Public a report relative to Atlantic highly migra- Transportation. EC–7401. A communication from the Assist- Works. tory species; to the Committee on Com- ant Administrator for Fisheries, National POM–432. A resolution adopted by the merce, Science, and Transportation. Marine Fisheries Service, Department of Board of Supervisors of the County of Los EC–7393. A communication from the Assist- Angeles of the State of California relative to ant Administrator for Procurement, Na- Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Annual Man- the State Criminal Alien Assistance Pro- tional Aeronautics and Space Administra- gram; to the Committee on the Judiciary. tion, transmitting, pursuant to law, the re- agement Measures for Pacific Halibut Fish- port of a rule entitled ‘‘Representations and eries’’ (RIN0648–AR95) received on May 5, f Certifications—Other than Commercial 2004; to the Committee on Commerce, REPORTS OF COMMITTEES Items’’ (RIN2700–AC97) received on May 5, Science, and Transportation. 2004; to the Committee on Commerce, EC–7402. A communication from the Acting The following reports of committees Science, and Transportation. Director, National Marine Fisheries Service, were submitted: EC–7394. A communication from the Dep- Department of Commerce, transmitting, pur- By Mr. CAMPBELL, from the Committee uty Assistant Administrator for Operations, suant to law, the report of a rule entitled on Indian Affairs, with amendments: National Marine Fisheries Service, Depart- ‘‘Closing Directed Fishing for Species in the S. 1423. A bill to extend Federal recogni- ment of Commerce, transmitting, pursuant Rock Sole/Flathead Sole/Other Flatfish Cat- tion to the Chickahominy Indian Tribe, the to law, the report of a rule entitled ‘‘Final egory by Vessels Using Trawl Gear in the Chickahominy Indian Tribe—Eastern Divi- Rule to Announce Approval by the Office of Bering Sea and Aleutian Islands Manage- sion, the Upper Mattaponi Tribe, the Rappa- Management and Budget (OMB) of Collec- ment Area (BSAI)’’ received on May 5, 2004; hannock Tribe, Inc., the Monacan Indian Na- tion-of-Information Requirements Contained to the Committee on Commerce, Science, tion, and the Nansemond Indian Tribe (Rept. in the Following American Fisheries Act and Transportation. No. 108–259). EC–7403. A communication from the Dep- (AFA)-related Amendments to the Fishery f Management Plan (FMP): 61 for Groundfish uty Assistant Administrator for Regulatory in the Gulf of Alaska, 13 for BSAI King and Programs, National Marine Fisheries Serv- INTRODUCTION OF BILLS AND Tanner Crab, and 8 for the Scallop Fishery ice, Department of Commerce, transmitting, JOINT RESOLUTIONS off Alaska’’ (RIN0648–AR42) received on May pursuant to law, the report of a rule entitled The following bills and joint resolu- ‘‘2004 Specifications for BSAI Groundfish 5, 2004; to the Committee on Commerce, tions were introduced, read the first Science, and Transportation. Fisheries’’ received on May 5, 2004; to the EC–7395. A communication from the Acting Committee on Commerce, Science, and and second times by unanimous con- Director, National Marine Fisheries Service, Transportation. sent, and referred as indicated: Department of Commerce, transmitting, pur- EC–7404. A communication from the Dep- By Mr. AKAKA: suant to law, the report of a rule entitled uty Assistant Administrator for Regulatory S. 2390. A bill to amend the Homeland Se- ‘‘Opening Directed Fishing for Sablefish with Programs, National Marine Fisheries Serv- curity Act of 2002 (6 U.S.C. 101 et seq.) to es- Fixed Gear Managed Under the Individual ice, Department of Commerce, transmitting, tablish a Geospatial Management Office Fishing Quota Program’’ (ID020204C) received pursuant to law, the report of a rule entitled within the Department of Homeland Secu- on May 5, 2004; to the Committee on Com- ‘‘Fisheries Off West Coast States and in the rity to establish and maintain geospatial merce, Science, and Transportation. Western Pacific; Coral Reef Ecosystem Fish- preparedness for homeland security pur- EC–7396. A communication from the Dep- ery Management Plan for the Western Pa- poses; to the Committee on Governmental uty Assistant Administrator for Regulatory cific’’ (RIN0648–AM97) received on May 5, Affairs. Programs, National Marine Fisheries Serv- 2004; to the Committee on Commerce, By Mr. HOLLINGS: ice, Department of Commerce, transmitting, Science, and Transportation. S. 2391. A bill for the relief of Pongsakorn pursuant to law, the report of a rule entitled EC–7405. A communication from the Dep- Kaewkornmuang; to the Committee on the ‘‘Emergency Rule to Maintain an Area Ac- uty Assistant Administrator for Regulatory Judiciary. cess Program for the Atlantic Sea Scallop Programs, National Marine Fisheries Serv- By Mr. WYDEN (for himself and Mr. Fishery in the Hudson Canyon’’ (RIN0648– ice, Department of Commerce, transmitting, GRAHAM of South Carolina): AR92) received on May 5, 2004; to the Com- pursuant to law, the report of a rule entitled S. 2392. A bill to amend the Federal Elec- mittee on Commerce, Science, and Transpor- ‘‘Final Rule to Implement a Regulatory tion Campaign Act of 1971 to require can- tation. Amendment to the Fishery Management didates to stand by their printed and Inter- EC–7397. A communication from the Dep- Plan for Coastal Migratory Pelagic Re- net advertising, and for other purposes; to uty Assistant Administrator for Regulatory sources in the Gulf of Mexico’’ (RIN0648– the Committee on Rules and Administration.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4997 By Mr. ROCKEFELLER (for himself, 887, a bill to amend the Internal Rev- strengthen postsecondary programs Mr. MCCAIN, and Mr. HOLLINGS): enue Code of 1986 to apply an excise tax and courses in the subjects of tradi- S. 2393. A bill to improve aviation security; to excessive attorneys fees for legal tional American history, free institu- to the Committee on Commerce, Science, and Transportation. judgements, settlements, or agree- tions, and Western civilization, avail- By Mr. BROWNBACK (for himself, Mr. ments that operate as a tax. able to students preparing to teach CAMPBELL, and Mr. INOUYE): S. 976 these subjects, and to other students. S.J. Res. 37. A bill to acknowledge a long At the request of Mr. WARNER, the S. 1556 history of official depredations and ill-con- name of the Senator from Montana At the request of Mr. SMITH, the ceived policies by the United States Govern- name of the Senator from Michigan ment regarding Indian Tribes and offer an (Mr. BURNS) was added as a cosponsor apology to all Native Peoples on behalf of of S. 976, a bill to provide for the (Mr. LEVIN) was added as a cosponsor of the United States; to the Committee on In- issuance of a coin to commemorate the S. 1556, a bill to amend the Internal dian Affairs. 400th anniversary of the Jamestown Revenue Code of 1986 to restore, in- f settlement. crease, and make permanent the exclu- S. 983 sion from gross income for amounts re- SUBMISSION OF CONCURRENT AND ceived under qualified group legal serv- SENATE RESOLUTIONS At the request of Mr. CHAFEE, the names of the Senator from Arkansas ices plans. The following concurrent resolutions S. 1709 (Mr. PRYOR) and the Senator from Ohio and Senate resolutions were read, and (Mr. DEWINE) were added as cosponsors At the request of Mr. CRAIG, the referred (or acted upon), as indicated: of S. 983, a bill to amend the Public name of the Senator from New Jersey By Mr. CRAIG: (Mr. LAUTENBERG) was added as a co- S. Res. 353. A resolution designating May Health Service Act to authorize the Di- rector of the National Institute of En- sponsor of S. 1709, a bill to amend the 2004, as ‘‘Older American Month’’; to the USA PATRIOT Act to place reasonable Committee on the Judiciary. vironmental Health Sciences to make By Mr. CRAIG (for himself and Mr. grants for the development and oper- limitations on the use of surveillance NELSON of Nebraska): ation of research centers regarding en- and the issuance of search warrants, S. Res. 354. A resolution expressing the vironmental factors that may be re- and for other purposes. sense of the Senate that the Abu Ghraib pris- lated to the etiology of breast cancer. S. 1909 on must be demolished to underscore the At the request of Mr. COCHRAN, the S. 1053 United States’ abhorrence of the mistreat- name of the Senator from Arkansas ment of prisoners in Iraq; to the Committee At the request of Mr. KENNEDY, the (Mrs. LINCOLN) was added as a cospon- on Foreign Relations. name of the Senator from New Jersey sor of S. 1909, a bill to amend the Pub- By Mr. FRIST (for himself and Mr. (Mr. LAUTENBERG) was added as a co- lic Health Service Act to improve DASCHLE): sponsor of S. 1053, a bill to prohibit dis- S. Res. 355. A resolution to authorize the stroke prevention, diagnosis, treat- crimination on the basis of genetic in- production of records by the Committee on ment, and rehabilitation. formation with respect to health insur- Commerce, Science, and Transportation; S. 1918 considered and agreed to. ance and employment. At the request of Mr. SANTORUM, the By Ms. MIKULSKI (for herself and Mr. S. 1102 name of the Senator from Idaho (Mr. KENNEDY): At the request of Mr. DODD, the name S. Con. Res. 104. A concurrent resolution CRAPO) was added as a cosponsor of S. expressing the sense of Congress that Kids of the Senator from Vermont (Mr. 1918, a bill to amend the Internal Rev- Love a Mystery is a program that promotes LEAHY) was added as a cosponsor of S. enue Code of 1986 to provide that quali- literacy and should be encouraged; to the 1102, a bill to assist law enforcement in fied homeowner downpayment assist- Committee on Health, Education, Labor, and their efforts to recover missing chil- ance is a charitable purpose. Pensions. dren and to clarify the standards for S. 2088 f State sex offender registration pro- At the request of Mr. KENNEDY, the ADDITIONAL COSPONSORS grams. name of the Senator from New Mexico S. 1428 S. 423 (Mr. BINGAMAN) was added as a cospon- At the request of Mr. MCCONNELL, At the request of Ms. COLLINS, the sor of S. 2088, a bill to restore, reaffirm, name of the Senator from Michigan the names of the Senator from Nevada and reconcile legal rights and remedies (Mr. REID), the Senator from Tennessee (Ms. STABENOW) was added as a cospon- under civil rights statutes. sor of S. 423, a bill to promote health (Mr. ALEXANDER), the Senator from S. 2174 care coverage parity for individuals Missouri (Mr. BOND), the Senator from At the request of Mr. BUNNING, the participating in legal recreational ac- Kentucky (Mr. BUNNING), the Senator name of the Senator from New Mexico tivities or legal transportation activi- from Utah (Mr. HATCH), the Senator (Mr. BINGAMAN) was added as a cospon- ties. from Mississippi (Mr. LOTT) and the sor of S. 2174, a bill to amend title XIX Senator from Georgia (Mr. MILLER) S. 809 of the Social Security Act to include were added as cosponsors of S. 1428, a At the request of Mr. SANTORUM, the podiatrists as physicians for purposes names of the Senator from Mississippi bill to prohibit civil liability actions of covering physicians services under from being brought or continued (Mr. COCHRAN) and the Senator from the medicaid program. Mississippi (Mr. LOTT) were added as against food manufacturers, market- S. 2262 cosponsors of S. 809, a bill to amend the ers, distributors, advertisers, sellers, At the request of Mr. BINGAMAN, the Internal Revenue Code of 1986 to reduce and trade associations for damages or name of the Senator from North Caro- the tax on beer to its pre-1991 level. injunctive relief for claims of injury re- lina (Mrs. DOLE) was added as a cospon- sulting from a person’s weight gain, S. 884 sor of S. 2262, a bill to provide for the obesity, or any health condition re- At the request of Ms. LANDRIEU, the establishment of campaign medals to name of the Senator from North Da- lated to weight gain or obesity. be awarded to members of the Armed kota (Mr. DORGAN) was added as a co- S. 1457 Forces who participate in Operation sponsor of S. 884, a bill to amend the At the request of Mr. BUNNING, the Enduring Freedom or Operation Iraqi Consumer Credit Protection Act to as- name of the Senator from South Caro- Freedom. sure meaningful disclosures of the lina (Mr. GRAHAM) was added as a co- S. 2292 terms of rental-purchase agreements, sponsor of S. 1457, a bill to amend the At the request of Mr. VOINOVICH, the including disclosures of all costs to Internal Revenue Code of 1986 to reduce name of the Senator from California consumers under such agreements, to the rate of tax on distilled spirits to its (Mrs. FEINSTEIN) was added as a co- provide certain substantive rights to pre-1985 level. sponsor of S. 2292, a bill to require a re- consumers under such agreements, and S. 1515 port on acts of anti-Semitism around for other purposes. At the request of Mr. GREGG, the the world. S. 887 name of the Senator from Alabama S. 2310 At the request of Ms. SNOWE, her (Mr. SESSIONS) was added as a cospon- At the request of Mrs. FEINSTEIN, the name was added as a cosponsor of S. sor of S. 1515, a bill to establish and names of the Senator from Vermont

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4998 CONGRESSIONAL RECORD — SENATE May 6, 2004 (Mr. LEAHY) and the Senator from Ha- (Mrs. BOXER) and the Senator from Illi- seq.) to establish a Geospatial Manage- waii (Mr. AKAKA) were added as cospon- nois (Mr. DURBIN) were added as co- ment Office within the Department of sors of S. 2310, a bill to promote the na- sponsors of S.J. Res. 31, a joint resolu- Homeland Security to establish and tional security of the United States by tion to provide for Congressional dis- maintain geospatial preparedness for facilitating the removal of potential approval of certain regulations issued homeland security purposes; to the nuclear weapons materials from vul- by the Office of the Comptroller of the Committee on Governmental Affairs. nerable sites around the world, and for Currency, in accordance with section Mr. AKAKA. Mr. President, I rise other purposes. 802 of title 5, United States Code. today to introduce the Homeland Secu- S. 2321 S.J. RES. 32 rity Geospatial Information Act of 2004 At the request of Mr. BYRD, the name At the request of Mr. EDWARDS, the which would create a Geospatial Man- of the Senator from South Carolina names of the Senator from California agement Office within the Department (Mr. GRAHAM) was added as a cosponsor (Mrs. BOXER) and the Senator from Illi- of Homeland Security (DHS). of S. 2321, a bill to amend title 32, nois (Mr. DURBIN) were added as co- Geospatial information is a critical United States Code, to rename the Na- sponsors of S.J. Res. 32, a joint resolu- component of effective planning for tional Guard Challenge Program and to tion to provide for Congressional dis- homeland security. increase the maximum Federal share of approval of certain regulations issued My interest in homeland security the costs of State programs under that by the Office of the Comptroller of the geospatial information developed out program, and for other purposes. Currency, in accordance with section of my efforts to ensure support for pre- S. 2323 802 of title 5, United States Code. disaster mitigation programs, such as At the request of Mr. SHELBY, the S. CON. RES. 8 Project Impact. Project Impact was name of the Senator from Kentucky started by FEME in 1997 to help com- At the request of Ms. COLLINS, the (Mr. BUNNING) was added as a cosponsor name of the Senator from Wisconsin munities become disaster-resistant by of S. 2323, a bill to limit the jurisdic- preventing damage and loss of life and (Mr. KOHL) was added as a cosponsor of tion of Federal courts in certain cases S. Con. Res. 8, a concurrent resolution property during a disaster and reducing and promote federalism. designating the second week in May recovery time and costs afterwards. S. 2328 Geospatial technologies, such as sat- each year as ‘‘National Visiting Nurse ORGAN ellite imagery and aerial photography, At the request of Mr. D , the Association Week’’. name of the Senator from Wisconsin provide data that create the maps and S. CON. RES. 99 (Mr. KOHL) was added as a cosponsor of charts that can help prevent a disaster S. 2328, a bill to amend the Federal At the request of Mr. BROWNBACK, the from occurring or lessen the impact of Food, Drug, and Cosmetic Act with re- name of the Senator from Nebraska an unforeseeable event by equipping spect to the importation of prescrip- (Mr. HAGEL) was added as a cosponsor first responders with up-to-date infor- tion drugs, and for other purposes. of S. Con. Res. 99, a concurrent resolu- mation. In the event of a terrorist tion condemning the Government of S. 2352 chemical attack, knowing which way a the Republic of the Sudan for its par- At the request of Mr. ENSIGN, the contaminated plume will travel can name of the Senator from Mississippi ticipation and complicity in the at- save lives. Similarly, the damage of a tacks against innocent civilians in the (Mr. LOTT) was added as a cosponsor of natural disaster, such as wildfire, can S. 2352, a bill to prevent the slaughter impoverished Darfur region of western be lessened by maps that help predict of horses in and from the United States Sudan. which areas will be in the path of the for human consumption by prohibiting S. RES. 202 blaze. the slaughter of horses for human con- At the request of Mr. CAMPBELL, the My own State of Hawaii is vulnerable sumption and by prohibiting the trade name of the Senator from Wisconsin to hurricanes, torrential rains and and transport of horseflesh and live (Mr. KOHL) was added as a cosponsor of flooding, tsunamis, droughts, earth- horses intended for human consump- S. Res. 202, a resolution expressing the quakes, and even wildfires. Four years tion, and for other purposes. sense of the Senate regarding the geno- ago, flooding on the islands of Hawaii S. 2371 cidal Ukraine Famine of 1932–33. and Maui caused approximately $20 At the request of Mr. KENNEDY, the S. RES. 325 million in damage to private and pub- name of the Senator from Indiana (Mr. At the request of Mr. SANTORUM, the lic facilities. In order to predict floods BAYH) was added as a cosponsor of S. name of the Senator from Minnesota more accurately, local officials need 2371, a bill to amend the Occupational (Mr. COLEMAN) was added as a cospon- current, interoperable data on water Safety and Health Act of 1970 to expand sor of S. Res. 325, a resolution express- levels and surrounding infrastructure coverage under the Act, to increase ing the sense of the Senate regarding so that accurate maps predicting the protections for whistleblowers, to in- the creation of refugee populations in flow of water can be created on de- crease penalties for certain violators, the Middle East, North Africa, and the mand. Accurate maps are also critical and for other purposes. Persian Gulf region as a result of for swift and safe evacuation proce- S. 2376 human rights violations. dures. At the request of Mr. BUNNING, the S. RES. 343 All levels of government are more ef- names of the Senator from South Caro- At the request of Mr. LUGAR, the fective and efficient when employing lina (Mr. GRAHAM) and the Senator name of the Senator from Wisconsin geospatial technology, especially in from Texas (Mrs. HUTCHISON) were (Mr. FEINGOLD) was added as a cospon- the area of homeland security. Its uses added as cosponsors of S. 2376, a bill to sor of S. Res. 343, a resolution calling include, but are not limited to: disaster amend the Internal Revenue Code of on the Government of the Socialist Re- early warning and mitigation, border 1986 to repeal the scheduled restric- public of Vietnam to respect all univer- monitoring, criminal investigations, tions in the child tax credit, marriage sally recognized human rights, includ- public health protection, and critical penalty relief, and 10 percent rate ing the right to freedom of religion and infrastructure oversight. bracket, and for other purposes. to participate in religious activities In the past, geospatial information S. 2385 and institutions without interference management has been done in a piece- At the request of Mr. BINGAMAN, the or involvement of the Government; and meal fashion. Domestic geospatial data name of the Senator from New Mexico to respect the human rights of ethnic procurement and sharing is poorly co- (Mr. DOMENICI) was added as a cospon- minority groups in the Central High- ordinated and managed. According to a sor of S. 2385, a bill to designate the lands and elsewhere in Vietnam. 2003 study by Cary and Associates, a United States courthouse at South f geotechnology consulting firm, the Federal Place in Santa Fe, New Mex- Federal Government spends $5 billion ico, as the ‘‘Santiago E. Campos United STATEMENTS ON INTRODUCED per year on geospatial goods and tech- States Courthouse’’. BILLS AND JOINT RESOLUTIONS nologies. This figure does not include S.J. RES. 31 By Mr. AKAKA: the amount being spent by State and At the request of Mr. EDWARDS, the S. 2390. A bill to amend the Homeland local agencies, which some experts es- names of the Senator from California Security Act of 2002 (6 U.S.C. 101 et timate is two to three times that of the

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S4999 Federal Government. It is also esti- DHS geospatial activities and coordi- Campaign Legal Center, Democracy 21, mated that at least half of the govern- nating with State and local officials on and the Center for Responsive Politics ment’s geospatial spending is going to- geospatial initiatives that pertain to have all been quoted in the press as wards redundant activities. homeland security; and naming the De- saying that there has been a noticeable During a House Government Reform partment as member of the Geospatial shift away from the overly negative at- hearing in June 2003, Mark Forman, One-Stop Board of Directors, which tack ads of the past. then the Administrator of the Office of will give DHS a role in coordinating The second change this year is that E-Government and Information Tech- federal geospatial activities. Internet communications are coming nology, admitted that the Office of We can improve the Department’s into their own as a vehicle for political Management and Budget had no idea mission of protecting America, while advertising. Americans are spending how much money federal agencies maximizing the funds. I urge my col- more time online—plus many now have spend on geospatial procurement. leagues to support this important leg- Internet connections and computing The Administration’s current solu- islation. power that enables them to view video tion to this problem is Geospatial One- that matches the quality of television. By Mr. WYDEN (for himself and Stop, an online portal where organiza- Political campaigns have taken note, tions and individuals can access Mr. GRAHAM of South Carolina): S. 2392. A bill to amend the Federal and have made major strides in tapping geospatial information developed by into the tremendous potential of the Federal, State, and local agencies. Election Campaign Act of 1971 to re- quire candidates to stand by their Internet for reaching large numbers of While Geospatial One-Stop is a good people at low cost. sharing tool, it helps to reduce govern- printed and Internet advertising, and ment redundancy only if agencies vol- for other purposes; to the Committee According to press reports, the Presi- untarily access data from it instead of on Rules and Administration. dential campaigns already have e- procuring the data themselves. With no Mr. WYDEN. Mr. President, I rise mailed links to campaign videos to lit- one keeping a close eye on an agency’s today to introduce the ‘‘Political Can- erally millions of people. These Inter- geospatial spending, there is no incen- didate Personal Responsibility Act,’’ net-based communications can spread tive for it to utilize this tool. together with my colleague from South like wildfire, because each recipient The legacy agencies that make up Carolina, LINDSEY GRAHAM. This bill can easily forward them to others. DHS had traditionally managed their would extend the successful model of Moreoever, Web videos often attract own geospatial procurement. But many the ‘‘Stand By Your Ad’’ provision— attention from the news media, so the of the homeland and non-homeland se- which requires candidates for Federal message sometimes ends up getting curity missions of DHS complement office to take explicit personal respon- carried on television as well. each other. Sharing maps and data re- sibility for TV and radio ads—to addi- Political messages are also starting duces redundancy, provides savings, tional types of media, including the to appear on websites that carry ban- and ensures better information for dis- Internet, that today aren’t covered. ner or pop-up ads. It has been esti- aster response. Although the elections of 2004 are mated that politicians will spend an es- Currently, the DHS Chief Informa- still months away, the onslaught of po- timated $25 million this year on online tion Officer (CIO) is working to break litical advertising has already begun. ads. As the election nears, with each pass- down this geospatial stove piping with- The rise of Internet-based ads is not ing day, political ads become more and in the Department by naming a just a flash in the pan—it’s a trend more prevalent. Geospatial Information Officer. How- that is sure to continue. ever, there is no single office in DHS But something is different this year. officially responsible for geospatial Two things, actually. I have a long history of supporting management, and therefore, no cor- First, as anyone who watches tele- the Internet, e-commerce, and Inter- responding budget. In the present vision has probably noticed, this year net-based innovation. In politics as in structure, the Geospatial Information political ads feature a personal state- so many other areas, the Internet Officer does not have the authority to ment by the candidate saying ‘‘I’m so- brings exciting opportunities—in this compel the five DHS directorates to co- and-so and I approved this message.’’ case, to create new avenues for demo- operate with his efforts. The entire The candidates are taking full personal cratic dialogue and engagement in the agency should make geospatial coordi- responsibility, clearly and publicly, for political process. nation a priority. the advertisements put out by their But I don’t believe that the Internet A geospatial management office campaigns. should be allowed to become a vehicle needs to be created and codified within This is the direct result of the for political candidates to sidestep ex- DHS. A congressionally mandated of- ‘‘Stand By Your Ad’’ provisions in- isting campaign rules and engage in fice would give the Geospatial Informa- cluded in the McCain-Feingold cam- mudslinging without accountability. tion Officer more authority with which paign reform law. As the author of the The problem is, the scope of the to do this job. original ‘‘Stand By Your Ad’’ amend- ‘‘Stand By Your Ad’’ provisions is lim- The Office of Geospatial Management ment, together with my good friend ited. They only apply to television and has the potential to significantly in- Senator COLLINS, I’m proud of the ef- radio ads. Internet communications are crease the quality of the resources fect our new requirement is having on not covered. Nor are communications homeland security officials rely on by the tone of radio and TV campaign ads. such as newspaper ads or mass mail- reducing redundancy and improving Already, in the first election cycle ings. the quality of geospatial procurement. where it applies, it’s making a real dif- But in order to do this it needs author- ference. Already, there are clear signs that ity and funding. The reason is simple. The public is highly negative ads are migrating to This office would also serve as a turned off by aggressively negative at- the Internet—in part because the mechanism for coordinating with State tack ads—and candidates know it. So ‘‘Stand By Your Ad’’ requirements and local authorities. Much of the when candidates have to associate don’t apply there. Here are a few recent geospatial information available today themselves in a personal manner with press headlines: is created at the state and local levels. their ads, they are going to be extra ‘‘Political Attack Ads Already Pop- Centralizing this information will careful about the tone. A nasty or con- ping Up on the Web.’’ make it more widely available to first troversial attack can backfire, leading ‘‘Presidential Ad War Hits the Web— responders and other homeland secu- to negative perceptions of the can- Harsh Attacks Leveled Online, Where rity officials. didate who approved it. TV Rules Don’t Apply.’’ The Homeland Security Geospatial In short, candidates are thinking ‘‘Political Smears Thrive Online.’’ Act of 2004, will address these needs by: twice about the tone of the ads they creating the Office of Geospatial Man- put on the air. Representatives of na- The ads these articles talk about agement under the CIO; giving this of- tional, non-partisan campaign reform aren’t just ordinary text messages sent fice the responsibility for managing groups such as Common Cause, the through e-mail or posted on a website.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5000 CONGRESSIONAL RECORD — SENATE May 6, 2004 Often, they are full, professionally pro- (1) in the matter preceding paragraph (1), system. All of us continue to have real duced videos, equal in quality to any- by inserting ‘‘, including a printed commu- concerns about our Nation’s security thing you might see on TV—and there- nication that is transmitted through the given the threats that we face, and fore packing the same emotional im- Internet,’’ after ‘‘subsection (a)’’; aviation continues to be a focus of (2) in paragraph (2), by striking ‘‘and’’ pact as a well crafted TV ad. But in- after the semicolon at the end; those that want to do us harm. stead of using broadcast, satellite, or (3) in paragraph (3), by striking the period I, first, want to acknowledge the cable, they are e-mailed to thousands and inserting ‘‘; and’’; and work of Senators MCCAIN and HOL- or even millions of Internet users. (4) by adding at the end the following: LINGS. We all have spent a lot of time So today, I am introducing the ‘‘Po- ‘‘(4) if the communication is described in thinking about the problems of our litical Candidate Personal Responsi- paragraph (1) or (2) of subsection (a) and aviation system, and the threats our bility Act.’’ You could also call it makes any direct reference to another can- country faces in today’s environment. ‘‘Stand By Your Ad II.’’ The basic idea didate for the same office— Their support and thoughts have en- is that what works for TV and radio ‘‘(A) include a clearly identifiable photo- abled all of us to put together a better should work for other types of commu- graphic or similar image of the candidate; ‘‘(B) include a clearly readable printed piece of legislation, and we share a nications as well. Candidates wishing statement identifying the candidate and common goal—a better, and more se- to distribute negative campaign mate- stating that the candidate has approved the cure, aviation system. rials via the Internet or the mail communication; and We began this process right after 9– should be held just as accountable as ‘‘(C) occupy no less than 10 percent of the 11, but more needs to be done. Most of they are now for ads they put on the total area of the communication.’’. us understand that improvements have air. (b) INTERNET AND PRERECORDED TELEPHONE been made, but it has now been three Specifically, the bill would require COMMUNICATIONS.— years and we must complete the job. (1) AUDIO AND VIDEO INTERNET COMMUNICA- that campaign communications such as This bill, the Aviation Security Ad- TIONS.—Section 318(d)(1) of the Federal Elec- audio or video ads transmitted over the tion Campaign Act of 1971 (2 U.S.C. vancement Act, will move us further Internet, newspaper ads, brochures, 441d(d)(1)) is amended by adding at the end toward completion of this task. bulk mailings, bulk e-mail, and the following: When terrorists hijacked airlines and prerecorded telephone calls—if they ‘‘(C) BY INTERNET.—Any communication used them as weapons of mass destruc- mention another candidate for the described in paragraph (1) or (2) of subsection tion against our nation, the American same office—must carry a ‘‘Stand By (a) which is transmitted through the Inter- people saw firsthand that we were Your Ad’’ disclaimer stating that the net and which makes any direct reference to quite vulnerable to an unseen enemy, candidate personally approved the mes- another candidate for the same office shall— and that our way of life was threatened sage. For Internet audio or video and ‘‘(i) in the case of an audio communication, in a way it had never been before. Na- prerecorded phone calls, the require- meet the requirements applicable to commu- nications transmitted through radio under tional security immediately became ments would be identical to those that subparagraph (A); and the primary focus of our government, now apply to radio or television. For ‘‘(ii) in the case of a video communication, and many other private entities, as ev- printed materials, whether paper or meet the requirements applicable to commu- eryone understood that another failure electronic, a picture of the candidate nications transmitted through television of this magnitude would be a dev- would be required to accompany the under subparagraph (B).’’. astating blow to the country. statement. (2) PRERECORDED TELEPHONE COMMUNICA- In response to 9–11, Congress passed I believe that forcing candidates to TIONS.—Section 318 of the Federal Election P.L. 107–71, the Aviation and Transpor- take personal responsibility also forces Campaign Act of 1971 (2 U.S.C. 441d) is tation Security Act or ATSA, which them to think long and hard about re- amended— (A) in subsection (a), by inserting ‘‘tele- federalized the airport security screen- leasing the types of aggressive negative er workforce and required an expansive attacks that have been growing all too phone call which consists in substantial part of a prerecorded audio message’’ after ‘‘mail- strengthening of aviation security in common during election seasons. This ing,’’ each place it appears in the matter pre- the U.S. As a frequent flier, I believe is important, because when people get ceding paragraph (1); and that the vast majority of travelers are turned off by the electoral process, vot- (B) in subsection (d)(1), as amended by confident in the new security regime ing and public involvement suffer. De- paragraph (1), by adding at the end the fol- and feel that we are much safer than creasing the amount of negativity in lowing: we were under the system that existed our political campaigns may help re- ‘‘(D) BY PRERECORDED TELEPHONE CALL.— before. This confidence is borne out ‘‘(i) IN GENERAL.—Any communication de- duce some of the cynicism about poli- through increasing passenger levels tics, and bring more people back into scribed in paragraph (1) or (2) of subsection (a) which is a telephone call which consists that are fast approaching those prior the process. to the terror attacks in 2001. With an I say to my colleagues, Stand By in substantial part of a prerecorded audio message and which makes any direct ref- increased volume of passenger flow and Your Ad is working. So let’s take the erence to another candidate for the same of- aircraft traffic will come further chal- next step and extend this success to fice shall meet the requirements applicable lenges for aviation security. The Avia- campaign communications generally. to communications transmitted through tion Security Advancement Act is in- Let’s build on the good work we’ve al- radio under subparagraph (A). tended to help TSA foster a higher ready done in getting candidates to ‘‘(ii) EXCEPTIONS.—The requirements of level of security than currently exists take responsibility for what they say. this subparagraph shall not apply to a com- and focus on additional tasks that need And yes, I’m RON WYDEN, and I stand munication that is— by this statement. ‘‘(I) terminated by or at the request of the to be addressed in this rapidly chang- I ask unanimous consent that my recipient of the communication after less ing environment. statement and a copy of the bill be than 30 seconds; or Yet I continue to be completely frus- trated by the progress we are making printed in the RECORD. ‘‘(II) not initiated by the party making the There being no objection, the bill was communication.’’. with respect to screener effectiveness. (c) EFFECTIVE DATE.—The amendments ordered to be printed in the RECORD, as Testimony before our Committee, pub- made by this section shall apply to commu- lic reports and recent editorials, all follows: nications made after the date that is 180 S. 2392 days after the date of enactment of this Act. tell us that we can not rest until the Be it enacted by the Senate and House of Rep- effectiveness of screeners is improved. resentatives of the United States of America in By Mr. ROCKEFELLER (for him- In addition, new technologies need to Congress assembled, self, Mr. MCCAIN, and Mr. HOL- be deployed to help them do their jobs. SECTION 1. SHORT TITLE. LINGS): We can not spend billions of dollars on This Act may be cited as the ‘‘Political S. 2393. A bill to improve aviation se- a system and have it barely measure up Candidate Personal Responsibility Act of curity; to the Committee on Com- to pre-9–11 days. 2004’’. merce, Science, and Transportation. The Aviation Security Advancement SEC. 2. ADDITIONAL REQUIREMENTS FOR PUB- Mr. ROCKEFELLER. Mr. President, I Act takes needed steps to bolster avia- LIC COMMUNICATIONS BY CAN- DIDATES FOR FEDERAL OFFICE. rise today to introduce legislation that tion security and provides TSA the fi- (a) PRINTED MEDIA.—Section 318(c) of the is intended to help the Transportation nancial and physical support needed to Federal Election Campaign Act of 1971 (2 Security Administration (TSA) im- close numerous loopholes in the cur- U.S.C. 441d(c)) is amended— prove our Nation’s aviation security rent security regime. In response to

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5001 the increasing use of aviation by the (2) GAO ANALYSIS.—The Comptroller Gen- next-generation air cargo security tech- traveling public, this legislation stand- eral shall, as soon as practicable after the nology under subsection (b); and ardizes the Federal screener workforce date on which the Secretary of Homeland Se- (2) the amount and purpose of grants under and requires TSA make efforts to im- curity has developed standards under para- subsection (b) and the locations of projects graph (1), conduct an expedited analysis of funded by such grants. prove the efficiency of passenger the standards for effectiveness, administra- SEC. 4. AIR CARGO SECURITY MEASURES. screening to insure individuals are bility, ease of compliance, and consistency processed in a faster, more secure man- (a) ENHANCEMENT OF AIR CARGO SECU- with the requirements of existing law. RITY.—The Secretary of Homeland Security, ner. To address shortcomings in cargo (3) REPORT TO CONGRESS.—Within 120 days in consultation with the Secretary of Trans- security, the bill would overhaul all- after the date of enactment of this Act, the portation, shall develop and implement a cargo aviation security by imple- Secretary of Homeland Security and the plan to enhance air cargo security at air- menting recommendations developed Comptroller General shall transmit a report ports for commercial passenger and cargo to the Senate Committee on Commerce, by the Aviation Security Advisory aircraft that incorporates the recommenda- Science, and Transportation and the House tions made by the Cargo Security Working Committee and by funding a new grant of Representatives Committee on Transpor- program to pursue technological im- Group of the Aviation Security Advisory tation and Infrastructure on the standards Committee. provements that will help secure developed under paragraph (1), together with (b) SUPPLY CHAIN SECURITY.—The Adminis- recommendations for further improving the freight on all-cargo and passenger air- trator of the Transportation Security Ad- efficiency and effectiveness of the screening craft. The bill also seeks to increase ministration shall— process. the efficiency of baggage screening by (1) promulgate regulations requiring the (b) INTEGRATION OF FEDERAL AIRPORT funding capital security projects at air- evaluation of indirect air carriers and WORKFORCE AND AVIATION SECURITY.—The ports across the country, while pro- Secretary of Homeland Security shall con- ground handling agents, including back- viding money for the research and de- duct a study of the feasibility of combining ground checks and checks against all Admin- velopment of advanced screening ma- operations of Federal employees involved in istration watch lists; and chines, and mandating a schedule for screening at commercial airports and avia- (2) evaluate the potential efficacy of in- in-line placement of Explosive Detec- tion security related functions under the creased use of canine detection teams to in- spect air cargo on passenger and all-cargo tion Systems rather than various alter- aegis of the Department of Homeland Secu- rity in order to coordinate security-related aircraft. native means now practiced at many (c) ALL-CARGO AIRCRAFT SECURITY.—Sub- airports. activities, increase the efficiency and effec- tiveness of those activities, and increase chapter I of chapter 449, United States Code, In addition, the bill would mandate commercial air transportation security. is amended by adding at the end the fol- improvements to a number of other lowing: SEC. 3. IMPROVED AIR CARGO AND AIRPORT SE- sectors of aviation security where I feel CURITY. ‘‘44925. All-cargo aircraft security more needs to be done. Among these ef- (a) IN GENERAL.—There are authorized to ‘‘(a) ACCESS TO FLIGHT DECK.—Within 180 forts would be increased support for be appropriated to the Secretary of Home- days after the date of enactment of this Act, the Federal Air Marshal program, air- land Security for the use of the Transpor- the Administrator of the Transportation Se- port perimeter security, and intel- tation Security Administration, in addition curity Administration, in coordination with ligence information sharing. It also au- to any amounts otherwise authorized by law, the Federal Aviation Administrator, shall— for the purpose of improving aviation secu- ‘‘(1) issue an order (without regard to the thorizes funding for TSA to develop a rity related to the transportation of cargo on biometric center of excellence to focus provisions of chapter 5 of title 5)— both passenger aircraft and all-cargo air- ‘‘(A) requiring, to the extent consistent on definitive identification of travelers craft— with engineering and safety standards, that and employees which I believe could (1) $200,000,000 for fiscal year 2005; allcargo aircraft operators engaged in air have a dramatic impact on the speed of (2) $200,000,000 for fiscal year 2006; and transportation or intrastate air transpor- passenger screening while providing (3) $200,000,000 for fiscal year 2007. tation maintain a barrier, which may in- (b) NEXT-GENERATION CARGO SECURITY greater security for the entire system. clude the use of a hardened cockpit door, be- GRANT PROGRAM.— tween the aircraft flight deck and the air- It is clear that we need to take more (1) IN GENERAL.—The Secretary shall estab- craft cargo compartment sufficient to pre- action to improve the security of our lish and carry out a grant program to facili- vent unauthorized access to the flight deck skies. The Aviation Security Advance- tate the development, testing, purchase, and from the cargo compartment, in accordance ment Act will be a big step in the right deployment of next-generation air cargo se- with the terms of a plan presented to and ac- curity technology. The Secretary shall es- direction. I appreciate the support of cepted by the Administrator of the Transpor- tablish such eligibility criteria, establish Senators MCCAIN and HOLLINGS and tation Security Administration in consulta- such application and administrative proce- urge my colleagues to co-sponsor the tion with the Federal Aviation Adminis- dures, and provide for such matching funding bill so that we can move it through the trator; and requirements, if any, as may be necessary ‘‘(B) prohibiting the possession of a key to Committee quickly. and appropriate to ensure that the tech- a flight deck door by any member of the Mr. President, I ask unanimous con- nology is deployed as fully and as rapidly as flight crew who is not assigned to the flight sent that the text of the bill be printed practicable. deck; and in the RECORD. (2) RESEARCH AND DEVELOPMENT; DEPLOY- ‘‘(2) take such other action, including There being no objection, the bill was MENT.—To carry out paragraph (1), there are modification of safety and security proce- ordered to be printed in the RECORD, as authorized to be appropriated to the Sec- dures and flight deck redesign, as may be follows: retary for research and development related to next-generation air cargo security tech- necessary to ensure the safety and security S. 2393 nology as well as for deployment and instal- of the flight deck. Be it enacted by the Senate and House of Rep- lation of next-generation air cargo security ‘‘(b) SCREENING AND OTHER MEASURES.— resentatives of the United States of America in technology, such sums are to remain avail- Within 1 year after the date of enactment of Congress assembled, able until expended— this Act, the Administrator of the Transpor- SECTION 1. SHORT TITLE. (A) $100,000,000 for fiscal year 2005; tation Security Administration, in coordina- This Act may be cited as the ‘‘Aviation Se- (B) $100,000,000 for fiscal year 2006; and tion with the Federal Aviation Adminis- curity Advancement Act’’. (C) $100,000,000 for fiscal year 2007. trator, shall issue an order (without regard SEC. 2. AVIATION SECURITY STAFFING. (c) AUTHORIZATION FOR EXPIRING AND NEW to the provisions of chapter 5 of title 5) re- (a) STAFFING LEVEL STANDARDS.— LOIS.—There are authorized to be appro- quiring— (1) DEVELOPMENT OF STANDARDS.—Within priated to the Secretary $150,000,000 for each ‘‘(1) all-cargo aircraft operators engaged in 90 days after the date of enactment of this of fiscal years 2005 through 2007 to fund air transportation or intrastate air transpor- Act, the Secretary of Homeland Security, in projects and activities for which letters of tation to physically screen each person, and consultation with the Secretary of Transpor- intent are issued under section 44923 of title that person’s baggage and personal effects, tation and Federal Security Directors, shall 49, United States Code, after the date of en- to be transported on an all-cargo aircraft en- develop standards for determining the appro- actment of this Act. gaged in air, transportation or intrastate air priate aviation security staffing standards (d) REPORTS.—The Secretary shall trans- transportation; for all commercial airports in the United mit periodic reports no less frequently than ‘‘(2) each such aircraft to be physically States necessary— every 6 months to the Senate Committee on searched before the first leg of the first (A) to provide necessary levels of aviation Commerce, Science, and Transportation and flight of the aircraft each day, or, for in- security; and the House of Representatives Committee on bound international operations, at aircraft (B) to ensure that the average aviation se- Transportation and Infrastructure on— operator’s option prior to the departure of curity-related delay experienced by airline (1) the progress being made toward, and any such flight for a point in the United passengers does not exceed 10 minutes. the status of, deployment and installation of States; and

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5002 CONGRESSIONAL RECORD — SENATE May 6, 2004 ‘‘(3) each such aircraft that is unattended amounts otherwise authorized by law, for Tribes and offer an apology to all Na- overnight to be secured or sealed or to have the deployment of Federal Air Marshals tive Peoples on behalf of the United access stairs, if any, removed from the air- under section 44917 of title 49, United States States; to the Committee on Indian Af- craft. Code, $83,000,000 for the 3 fiscal year period fairs. ‘‘(c) ALTERNATIVE MEASURES.—The Admin- beginning with fiscal year 2005, such sums to MR. BROWNBACK. Mr. President, I istrator of the Transportation Security Ad- remain available until expended. rise today to introduce before this body ministration, in coordination with the Fed- SEC. 7. TSA-RELATED BAGGAGE CLAIM ISSUES eral Aviation Administrator, may authorize STUDY. a joint resolution that seeks to address alternative means of compliance with any Within 90 days after the date of enactment an issue that has long lain unresolved. requirement imposed under this section.’’. of this Act, the Secretary of Homeland Secu- That issue is our Nation’s relationship (d) CONFORMING AMENDMENT.—The sub- rity, in consultation with the Secretary of with the Native peoples of this land. chapter analysis for subchapter I of chapter Transportation, shall transmit to the Senate Long before 1776 and the establish- 449, United States Code, is amended by add- Committee on Commerce, Science, and ment of the United States of America, ing at the end the following: Transportation and the House of Representa- this land was inhabited by numerous ‘‘44925. All-cargo aircraft security’’. tives Committee on Transportation and In- frastructure a report on the present system nations. Like our Nation, many of SEC. 5. EXPLOSIVE DETECTION SYSTEMS. these peoples held a strong belief in the (a) IN-LINE PLACEMENT OF EXPLOSIVE-DE- for addressing lost, stolen, damaged, or pil- Creator and maintained a powerful TECTION EQUIPMENT.—Within 180 days after fered baggage claims relating to air trans- the date of enactment of this Act, the Sec- portation security screening procedures. The spiritual connection to this land. Since retary of Homeland Security shall establish report shall include— the formation of the American Repub- a schedule for replacing trace-detection (1) information concerning the time it lic, there have most certainly been nu- equipment used for in-line baggage screening takes to settle such claims under the present merous conflicts between our Govern- system; purposes as soon as practicable with explo- ment and many of these Tribes—con- sive detection system equipment. The Sec- (2) a comparison and analysis of the num- ber, frequency, and nature of such claims be- flicts in which warriors on all sides retary shall notify the Senate Committee on fought courageously and in which all Commerce, Science, and Transportation and fore and after enactment of the Aviation and the House of Representatives Committee on Transportation Security Act using data pro- sides suffered. However, even from the Transportation and Infrastructure of the vided by the major United States airlines; earliest days of the Republic, there ex- schedule and provide an estimate of the im- and isted a sentiment that honorable deal- (3) recommendations on how to improve pact of replacing such equipment, facility ings and peaceful coexistence were the involvement and participation of the air- modification and baggage conveyor place- lines in the baggage screening and handling preferable to bloodshed. Indeed, our ment, on aviation security-related staffing processes and better coordinate the activi- predecessors in Congress in 1787 stated needs and levels. ties of Federal baggage screeners with air- in the Northwest Ordinance, ‘‘The ut- (b) NEXT GENERATION EDS.—There are au- line operations. most good faith shall always be ob- thorized to be appropriated to the Secretary of Homeland Security for the use of the SEC. 8. REPORT ON IMPLEMENTATION OF GAO served toward the Indians.’’ HOMELAND SECURITY INFORMA- Many treaties were made between Transportation Security Administration TION SHARING RECOMMENDATIONS. $100,000,000, in addition to any amounts oth- this Republic and the American Indian Within 30 days after the date of enactment Tribes. Treaties, as my colleagues in erwise authorized by law, for the purpose of of this Act, the Secretary of Homeland Secu- research and development of next generation rity, after consultation with the heads of this Chamber know, are far more than explosive detection systems for aviation se- Federal departments and agencies con- words in a page. Treaties are our word, curity under section 44913 of title 49, United cerned, shall transmit to the Senate Com- our bond. Treaties with other govern- States Code. The Secretary shall develop a mittee on Commerce, Science, and Transpor- ments are not to be treated lightly. plan and guidelines for implementing im- tation and the House of Representatives Unfortunately, too often the United proved explosive detection system equip- Committee on Transportation and Infra- States of America did not uphold its ment. structure a report on implementation of rec- (c) PORTAL DETECTION SYSTEMS.—There are responsibilities as stated in its cov- ommendations contained in the General Ac- au thorized to be appropriated to the Sec- enants with the Native American counting Office’s report titled ‘‘Homeland retary of Homeland Security for the use of Security: Efforts To Improve Information Tribes. Too often, our Government the Transportation Security Administration Sharing Need To Be Strengthened’’ (GAO–03– broke its oaths to the Native peoples. $250,000,000, in addition to any amounts oth- 760), August, 2003. I want my fellow Senators to know erwise authorized by law, for research and that this resolution does not dismiss development and installation of portal detec- SEC. 9. AVIATION SECURITY RESEARCH AND DE- VELOPMENT. the valiance of our American soldiers tion systems or similar devices for the detec- (a) BIOMETRICS.—There are authorized to who bravely fought for their families in tion of biological, radiological, and explosive be appropriated to the Secretary of Home- materials. The Secretary of Homeland Secu- wars between the United States and land Security for the use of the Transpor- different Indian Tribes. Nor does this rity, in consultation with the Secretary of tation Security Administration $20,000,000, in Transportation, shall establish a pilot pro- addition to any amounts otherwise author- resolution cast all the blame for the gram at not more than 10 commercial service ized by law, for research and development of various battles on one side or another. airports to evaluate the use of such systems. biometric technology applications to avia- What this resolution does do is recog- (d) REPORTS.—The Secretary shall trans- tion security. nize and honor the importance of Na- mit periodic reports no less frequently than (b) BIOMETRICS CENTERS OF EXCELLENCE.— tive Americans to this land and to our every 6 months to the Senate Committee on There are authorized to be appropriated to Nation—in the past and today—and of- Commerce, Science, and Transportation and the Secretary of Homeland Security for the the House of Representatives Committee on fers an official apology to the Native use of the Transportation Se curity Adminis- peoples for the poor and painful choices Transportation and Infrastructure on re- tration $1,000,000, in addition to any amounts search and development projects funded otherwise authorized by law, for the estab- our Government sometimes made to under subsection (b) or (c), and the pilot pro- lishment of competitive centers of excellence disregard its solemn word. gram established under subsection (c), in- at the national laboratories. This is a resolution of apology and a cluding cost estimates for each phase of such SEC. 10. PERIMETER ACCESS TECHNOLOGY. resolution of reconciliation. It is a first projects and total project costs. There are authorized to be appropriated to step toward healing the wounds that SEC. 6. AIR MARSHAL PROGRAM. the Secretary of Homeland Security have divided us for so long—a potential (a) CROSS-TRAINING.—The Secretary of $100,000,000 for airport perimeter security foundation for a new era of positive re- Homeland Security shall transmit to the technology, fencing, security contracts, ve- Senate Committee on Commerce, Science, lations between Tribal governments hicle tagging, and other perimeter security and the Federal Government. It is and Transportation and the House of Rep related operations, facilities, and equipment, resentatives Committee on Transportation such sums to remain available until ex- time—it is past time—for us to heal and Infrastructure a report on the potential pended. our land of division, all divisions, and for cross-training of individuals who serve as bring us together as one people. air marshals and on the need for providing By Mr. BROWNBACK (for him- Before reconciliation, there must be contingency funding for air marshal oper- self, Mr. CAMPBELL, and Mr. recognition and repentance. Before ations. INOUYE): there is a durable relationship, there (b) AUTHORIZATION OF ADDITIONAL APPRO- PRIATIONS.—There are authorized to be ap- S.J. Res. 37. A bill to acknowledge a must be understanding. This resolution propriated to the Secretary of Homeland Se- long history of official depredations will not authorize or serve as a settle- curity for the use of the Transportation Se- and ill-conceived policies by the United ment of any claim against the United curity Administration, in addition to any States Government regarding Indian States, nor will it resolve the many

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5003 challenges still facing the Native peo- Whereas Native Peoples and non-Native SECTION 1. ACKNOWLEDGMENT AND APOLOGY. ples. But it does recognize the negative settlers engaged in numerous armed con- The United States, acting through Con- impact of numerous deleterious Fed- flicts; gress— eral acts and policies on Native Ameri- Whereas the United States Government (1) recognizes the special legal and polit- violated many of the treaties ratified by ical relationship the Indian Tribes have with cans and their cultures. Congress and other diplomatic agreements the United States and the solemn covenant Moreover, it begins the effort of rec- with Indian Tribes; with the land we share; onciliation by recognizing the past Whereas this Nation should address the (2) commends and honors the Native Peo- wrongs and repenting for them. broken treaties and many of the more ill- ples for the thousands of years that they Martin Luther King, a true rec- conceived Federal policies that followed, have stewarded and protected this land; onciler, once said, ‘‘The end is rec- such as extermination, termination, forced (3) acknowledges years of official depreda- removal and relocation, the outlawing of tra- onciliation, the end is redemption, the tions, ill-conceived policies, and the break- ditional religions, and the destruction of sa- ing of covenants by the United States Gov- end is the creation of the beloved com- cred places; ernment regarding Indian Tribes; munity.’’ This resolution is not the Whereas the United States forced Indian (4) apologizes on behalf of the people of the end. But, perhaps it signals the begin- Tribes and their citizens to move away from United States to all Native Peoples for the ning of the end of division and the faint their traditional homelands and onto feder- many instances of violence, maltreatment, first light and first fruits of the cre- ally established and controlled reservations, and neglect inflicted on Native Peoples by ation of beloved community. in accordance with such Acts as the Indian citizens of the United States; Removal Act of 1830; I have worked with the chairman and (5) expresses its regret for the ramifica- Whereas many Native Peoples suffered and tions of former offenses and its commitment ranking member of the Indian Affairs perished— to build on the positive relationships of the Committee, Senator CAMPBELL and (1) during the execution of the official past and present to move toward a brighter Senator INOUYE, in the crafting of this United States Government policy of forced future where all the people of this land live resolution, I also reached out to the removal, including the infamous Trail of reconciled as brothers and sisters, and har- Native Tribes as this bill was being Tears and Long Walk; moniously steward and protect this land to- formed, and I continue to receive help- (2) during bloody armed confrontations and gether; massacres, such as the Sand Creek Massacre (6) urges the President to acknowledge the ful and supportive feedback. I ask that in 1864 and the Wounded Knee Massacre in my colleagues in this Chamber, and offenses of the United States against Indian 1890; and Tribes in the history of the United States in those in the House of Representatives, (3) on numerous Indian reservations; order to bring healing to this land by pro- join together in support of this impor- Whereas the United States Government viding a proper foundation for reconciliation tant resolution. condemned the traditions, beliefs, and cus- between the United States and Indian Tribes; I ask unanimous consent that the toms of the Native Peoples and endeavored and text of the joint resolution be printed to assimilate them by such policies as the re- (7) commends the State governments that distribution of land under the General Allot- have begun reconciliation efforts with recog- in the RECORD. ment Act of 1887 and the forcible removal of nized Indian Tribes located in their bound- There being no objection, the joint Native children from their families to far- aries and encourages all State governments resolution was ordered to be printed in away boarding schools where their Native similarly to work toward reconciling rela- practices and languages were degraded and the RECORD, as follows: tionships with Indian Tribes within their forbidden; S.J. RES. 37 boundaries. Whereas officials of the United States Gov- To acknowledge a long history of official ernment and private United States citizens SEC. 2. DISCLAIMER. depredations and ill-conceived policies by harmed Native Peoples by the unlawful ac- Nothing in this Joint Resolution author- the United States Government regarding In- quisition of recognized Tribal land, the theft izes any claim against the United States or dian Tribes and offer an apology to all Na- of resources from such territories, and the serves as a settlement of any claim against tive Peoples on behalf of the United States. mismanagement of Tribal trust funds; the United States. Whereas the ancestors of today’s Native Whereas the policies of the United States f Peoples inhabited the land of the present-day Government toward Indian Tribes and the United States since time immemorial and breaking of covenants with Indian Tribes SUBMITTED RESOLUTIONS for thousands of years before the arrival of have contributed to the severe social ills and peoples of European descent; economic troubles in many Native commu- Whereas the Native Peoples have for mil- nities today; SENATE RESOLUTION 353—DESIG- lennia honored, protected, and stewarded Whereas, despite continuing maltreatment NATING MAY 2004 AS ‘‘OLDER this land we cherish; of Native Peoples by the United States, the Whereas the Native Peoples are spiritual Native Peoples have remained committed to AMERICANS’ MONTH’’ peoples with a deep and abiding belief in the the protection of this great land, as evi- Mr. CRAIG submitted the following Creator, and for millennia their peoples have denced by the fact that, on a per capita resolution; which was referred to the maintained a powerful spiritual connection basis, more Native people have served in the Committee on the Judiciary: to this land, as is evidenced by their customs United States Armed Forces and placed and legends; themselves in harm’s way in defense of the S. RES. 353 Whereas the arrival of Europeans in North United States in every major military con- Whereas today’s older Americans are living America opened a new chapter in the his- flict than any other ethnic group; longer, healthier, and more productive lives tories of the Native Peoples; Whereas Indian Tribes have actively influ- than any other time in our history, and; Whereas, while establishment of perma- enced the public life of the United States by Whereas older Americans exemplify the nent European settlements in North America continued cooperation with Congress and the theme of ‘‘Aging Well, Living Well’’ by con- did stir conflict with nearby Indian Tribes, Department of the Interior, through the in- tinuing to give their time to our commu- peaceful and mutually beneficial inter- volvement of Native individuals in official nities, their knowledge to our children, their actions also took place; United States Government positions, and by experience to our workplace, and their wis- Whereas the foundational English settle- leadership of their own sovereign Indian dom to all of us, and; ments in Jamestown, Virginia, and Plym- Tribes; Whereas there are now more than 50,000 outh, Massachusetts, owed their survival in Whereas Indian Tribes are resilient and de- people in the United States 100 years old or large measure to the compassion and aid of termined to preserve, develop, and transmit older, and; the Native Peoples in their vicinities; to future generations their unique cultural Whereas more than 47 million Americans Whereas in the infancy of the United identities; are now 60 years old or older, and; States, the founders of the Republic ex- Whereas the National Museum of the Whereas the opportunities and challenges pressed their desire for a just relationship American Indian was established within the that await our Nation require our Nation to with the Indian Tribes, as evidenced by the Smithsonian Institution as a living memo- continue to commit to the goal of improving Northwest Ordinance enacted by Congress in rial to the Native Peoples and their tradi- the quality of life for all older Americans; 1787, which begins with the phrase, ‘‘The ut- tions; and Whereas it is appropriate for our Nation to most good faith shall always be observed to- Whereas Native Peoples are endowed by continue the tradition of designating the ward the Indians’’; their Creator with certain unalienable month of May as a time to celebrate the con- Whereas Indian Tribes provided great as- rights, and that among those are life, lib- tributions of older Americans and to rededi- sistance to the fledgling Republic as it erty, and the pursuit of happiness: Now, cate its effort to respect and better serve strengthened and grew, including invaluable therefore, be it older Americans: Now, therefore, be it help to Meriwether Lewis and William Clark Resolved by the Senate and House of Rep- Resolved, That the Senate— on their epic journey from St. Louis, Mis- resentatives of the United States of America in (1) designates May 2004, as ‘Older Ameri- souri, to the Pacific Coast; Congress assembled, cans Month’;

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5004 CONGRESSIONAL RECORD — SENATE May 6, 2004 (2) commends the President on the calling on the people of the United Whereas, by the privileges of the Senate of issuance of his proclamation calling upon States to observe the month of May the United States and Rule XI of the Stand- the people of the United States to observe 2004 as Older Americans’ Month and to ing Rules of the Senate, no evidence under such month with appropriate ceremonies and encourage all Americans to promote the control or in the possession of the Senate activities that publicly reaffirm our grati- can, by administrative or judicial process, be tude and respect for older Americans. awareness through ceremonies, pro- taken from such control or possession but by grams, and other activities that pro- Mr. CRAIG. Mr. President, I rise permission of the Senate; and mote acknowledgment, gratitude, and Whereas, when it appears that evidence today to submit a resolution honoring respect for American seniors. under the control or in the possession of the May as Older Americans’ Month. I ask all of you to celebrate with me Senate is needed for the promotion of jus- I am here today to celebrate May as Older Americans’ Month this May. tice, the Senate will take such action as will Older Americans’ Month. Since 1963, promote the ends of justice consistent with May has been the official month during the privileges of the Senate: Now, therefore, SENATE RESOLUTION 354—EX- which we pay tribute to the contribu- be it PRESSING THE SENSE OF THE tions of our 47 million older Americans. Resolved, That the Chairman and Ranking SENATE THAT THE ABU GHRAIB Minority Member of the Committee on Com- It is during this month that we, as a PRISON MUST BE DEMOLISHED merce, Science, and Transportation, acting Nation, recognize older Americans for TO UNDERSCORE THE UNITED jointly, are authorized to provide to the U.S. their service, hard work and sacrifice STATES’ ABHORRENCE OF THE Anti-Doping Agency the documents subpoe- that helped assure us the freedom and MISTREATMENT OF PRISONERS naed by the Committee regarding the poten- security which we continue to cherish. tial use of banned performance-enhancing IN IRAQ This year’s theme of ‘‘Aging Well, drugs by U.S. Olympic sport athletes. Living Well’’ reflects the lifestyle and Mr. CRAIG (for himself and Mr. NEL- attitude of today’s older Americans. SON of Nebraska) submitted the fol- SENATE CONCURRENT RESOLU- Not only should we take this time to lowing resolution; which was referred TION 104—EXPRESSING THE show our appreciation and respect for to the Committee on Foreign Rela- SENSE OF CONGRESS THAT KIDS America’s seniors, but also to acknowl- tions: LOVE A MYSTERY IS A PRO- edge that seniors of today and tomor- Whereas the Abu Ghraib prison was used GRAM THAT PROMOTES LIT- row will continue making significant by Saddam Hussein to execute and torture ERACY AND SHOULD BE EN- thousands of men, women, and children; COURAGED contributions to our communities Whereas Saddam and his Special Security through their wisdom and experience, Organization oversaw the execution of thou- Ms. MIKULSKI (for herself and Mr. in the workplace, in civic leadership sands of political prisoners; KENNEDY) submitted the following con- and in our homes. They gave, they Whereas the Abu Ghraib prison is notori- current resolution; which was referred give, and they will continue to give to ously known as a death chamber by the Iraqi to the Committee on Health, Edu- this country. people; cation, Labor, and Pensions: Whereas the Abu Ghraib prison is arguably I am committed to working hard on S. CON. RES. 104 the largest and most feared prison in the behalf of our seniors. As the Chairman Arab world; Whereas knowledge, wisdom, and children of the Senate Special Committee on Whereas it is widely known that one of are the greatest assets of a democracy; Aging, we have pursued an ambitious Saddam’s sons, in one day, ordered the exe- Whereas books enable one generation to agenda. The committee has examined cution of 3000 prisoners at the prison; pass on its knowledge and wisdom to the issues including the Medicare law, Whereas the recent reports of atrocities next; long-term care policy, internet fraud, and abhorrent mistreatment of Iraqi pris- Whereas learning to read is one of the oners at the Abu Ghraib prison are un-Amer- greatest privileges the Nation extends to its Social Security, assistive technology, children; the Older Americans Act, and healthy ican, do not represent our values, and have sent the wrong message about the United Whereas children most often choose mys- aging. States’ intentions in Iraq; teries as their favorite books; In addition, this year I believe we Whereas the American people will not tol- Whereas the Mystery Writers of America have special reason to celebrate. Last erate the mistreatment of Iraqi prisoners; sponsors Kids Love a Mystery, an outreach year, Congress passed the Medicare Whereas the American people view this program designed to bring mystery writers Prescription Drug, Improvement, and prison as a symbol of evil, and where past and children together to encourage literacy Modernization Act of 2003. I am espe- cruel torture and mistreatment occurred; and the love of reading; and Whereas the Mystery Writers of America cially pleased that we are now able to Whereas the American people would like to rid the world of this evil place where past, recognizes the value in celebrate the impor- provide prescription drug benefits to and unfortunately current reported mis- tance of reading for children: Now, therefore those seniors most in need. This is an treatment has occurred; Now, therefore, be it be it important step in putting Medicare on Resolved, That it is the sense of the Senate Resolved by the Senate (the House of Rep- a more modern and secure footing as that the Abu Ghraib prison, also known as resentatives concurring), That it is the sense the 77-million-strong Baby Boomer the Baghdad Central Detention Center, be of Congress that— generation moves closer to retirement completely demolished as an expression and (1) Kids Love a Mystery is a program that age. symbolic gesture that the American people helps promote literacy and reading and should be supported and encouraged; and Our commitment to America’s sen- will not tolerate the past and current mis- treatment of prisoners. (2) the President should issue a proclama- iors must continue beyond this one tion encouraging the people of the United month of special recognition. With re- SENATE RESOLUTION 355—TO AU- States and interested groups to promote authorization of the Older Americans’ Kids Love a Mystery with appropriate pro- THORIZE THE PRODUCTION OF Act on the horizon, we have an oppor- grams and activities. RECORDS BY THE COMMITTEE tunity to focus on the needs of today’s f ON COMMERCE, SCIENCE, AND seniors, and the challenges that the TRANSPORTATION AMENDMENTS SUBMITTED AND baby boomer generation will bring. It PROPOSED is also an opportunity to design an act Mr. FRIST (for himself and Mr. that promotes seamlessness and one DASCHLE) submitted the following SA 3119. Mr. GRASSLEY proposed an that works well with other programs resolution; which was considered and amendment to the bill S. 622, to amend title agreed to: XIX of the Social Security Act to provide and initiatives to promote non-institu- families of disabled children with the oppor- tional care, maximizing successful out- S. RES. 355 tunity to purchase coverage under the med- comes, and empower older Americans Whereas, the Committee on Commerce, icaid program for such children, and for to optimize autonomy and independ- Science, and Transportation has been con- other purposes. ence and one that promotes ‘‘Aging ducting an inquiry into the potential use of SA 3120. Mr. LEVIN submitted an amend- Well and Living Well.’’. banned performance-enhancing drugs by U.S. ment intended to be proposed by him to the Seniors are living longer, healthier, Olympic sport athletes; bill S. 1637, to amend the Internal Revenue Whereas, the Committee has received re- Code of 1986 to comply with the World Trade and more productive lives than any quests from both the U.S. Olympic Com- Organization rulings on the FSC/ETI benefit other time in our history. In the tradi- mittee and the U.S. Anti-Doping Agency in a manner that preserves jobs and produc- tion of Older Americans’ Month, I am that the latter gain access to records of the tion activities in the United States, to re- submitting a resolution in the Senate Committee’s inquiry; form and simplify the international taxation

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5005 rules of the United States, and for other pur- ‘‘(II) no Federal financial participation in the amendments made by this section poses; which was ordered to lie on the table. shall be provided under section 1903(a) for shall be construed as permitting the applica- f any medical assistance provided to such an tion of the enhanced FMAP (as defined in individual.’’. section 2105(b) of the Social Security Act (42 TEXT OF AMENDMENTS (2) INTERACTION WITH EMPLOYER-SPONSORED U.S.C. 1397ee(b)) to expenditures that are at- SA 3119. Mr. GRASSLEY proposed an FAMILY COVERAGE.—Section 1902(cc) (42 tributable to disabled children provided med- amendment to the bill S. 622, to amend U.S.C. 1396a(cc)), as added by paragraph ical assistance under section (1)(B), is amended by adding at the end the 1902(a)(10)(A)(ii)(XIX) of such Act (42 U.S.C. title XIX of the Social Security Act to following new paragraph: 1396a(a)(10)(A)(ii)(XIX)) (as added by sub- provide families of disabled children ‘‘(2)(A) If an employer of a parent of an in- section (a) of this section). with the opportunity to purchase cov- dividual described in paragraph (1) offers (e) EFFECTIVE DATE.—The amendments erage under the medicaid program for family coverage under a group health plan made by this section shall apply to medical such children, and for other purposes; (as defined in section 2791(a) of the Public assistance for items and services furnished as follows: Health Service Act), the State shall— on or after October 1, 2006. ‘‘(i) require such parent to apply for, enroll SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC In lieu of the matter proposed to be in- in, and pay premiums for, such coverage as a serted, insert the following: HOSPITAL SERVICES FOR INDIVID- condition of such parent’s child being or re- UALS UNDER AGE 21 IN HOME OR SECTION 1. SHORT TITLE; AMENDMENTS TO SO- maining eligible for medical assistance COMMUNITY-BASED SERVICES WAIV- CIAL SECURITY ACT; TABLE OF CON- under subsection (a)(10)(A)(ii)(XIX) if the ERS. TENTS. parent is determined eligible for such cov- (a) IN GENERAL.—Section 1915(c) (42 U.S.C. (a) SHORT TITLE.—This Act may be cited as erage and the employer contributes at least 1396n(c)) is amended— the ‘‘Family Opportunity Act of 2004’’ or the 50 percent of the total cost of annual pre- (1) in paragraph (1)— ‘‘Dylan Lee James Act’’. miums for such coverage; and (A) in the first sentence, by inserting ‘‘, or (b) AMENDMENTS TO SOCIAL SECURITY ‘‘(ii) if such coverage is obtained— would require inpatient psychiatric hospital ACT.—Except as otherwise specifically pro- ‘‘(I) subject to paragraph (2) of section vided, whenever in this Act an amendment is services for individuals under age 21,’’ after 1916(h), reduce the premium imposed by the expressed in terms of an amendment to or re- ‘‘intermediate care facility for the mentally State under that section in an amount that peal of a section or other provision, the ref- retarded’’; and reasonably reflects the premium contribu- erence shall be considered to be made to that (B) in the second sentence, by inserting ‘‘, tion made by the parent for private coverage section or other provision of the Social Secu- or would require inpatient psychiatric hos- on behalf of a child with a disability; and rity Act. pital services for individuals under age 21’’ ‘‘(II) treat such coverage as a third party before the period; (c) TABLE OF CONTENTS.—The table of con- liability under subsection (a)(25). tents of this Act is as follows: (2) in paragraph (2)(B), by striking ‘‘or ‘‘(B) In the case of a parent to which sub- services in an intermediate care facility for Sec. 1. Short title; amendments to Social paragraph (A) applies, a State, subject to the mentally retarded’’ each place it appears Security Act; table of contents. paragraph (1)(C)(ii), may provide for pay- and inserting ‘‘services in an intermediate Sec. 2. Opportunity for families of disabled ment of any portion of the annual premium care facility for the mentally retarded, or in- children to purchase medicaid for such family coverage that the parent is patient psychiatric hospital services for indi- coverage for such children. required to pay. Any payments made by the viduals under age 21’’; Sec. 3. Treatment of inpatient psychiatric State under this subparagraph shall be con- (3) in paragraph (2)(C)— hospital services for individuals sidered, for purposes of section 1903(a), to be (A) by inserting ‘‘, or who are determined under age 21 in home or com- payments for medical assistance.’’. to be likely to require inpatient psychiatric munity-based services waivers. (b) STATE OPTION TO IMPOSE INCOME-RE- hospital services for individuals under age Sec. 4. Development and support of family- LATED PREMIUMS.—Section 1916 (42 U.S.C. 21,’’ after ‘‘, or intermediate care facility for to-family health information 1396o) is amended— the mentally retarded’’; and centers. (1) in subsection (a), by striking ‘‘sub- (B) by striking ‘‘or services in an inter- Sec. 5. Restoration of medicaid eligibility section (g)’’ and inserting ‘‘subsections (g) mediate care facility for the mentally re- for certain SSI beneficiaries. and (h)’’; and tarded’’ and inserting ‘‘services in an inter- SEC. 2. OPPORTUNITY FOR FAMILIES OF DIS- (2) by adding at the end the following new subsection: mediate care facility for the mentally re- ABLED CHILDREN TO PURCHASE tarded, or inpatient psychiatric hospital MEDICAID COVERAGE FOR SUCH ‘‘(h)(1) With respect to disabled children CHILDREN. provided medical assistance under section services for individuals under age 21’’; and (a) STATE OPTION TO ALLOW FAMILIES OF 1902(a)(10)(A)(ii)(XIX), subject to paragraph (4) in paragraph (7)(A)— DISABLED CHILDREN TO PURCHASE MEDICAID (2), a State may (in a uniform manner for (A) by inserting ‘‘or would require inpa- COVERAGE FOR SUCH CHILDREN.— such children) require the families of such tient psychiatric hospital services for indi- (1) IN GENERAL.—Section 1902 (42 U.S.C. children to pay monthly premiums set on a viduals under age 21,’’ after ‘‘intermediate 1396a) is amended— sliding scale based on family income. care facility for the mentally retarded,’’; and (A) in subsection (a)(10)(A)(ii)— ‘‘(2) A premium requirement imposed (B) by inserting ‘‘or who would require in- (i) by striking ‘‘or’’ at the end of subclause under paragraph (1) may only apply to the patient psychiatric hospital services for indi- (XVII); extent that— viduals under age 21’’ before the period. (ii) by adding ‘‘or’’ at the end of subclause ‘‘(A) in the case of a disabled child de- (b) EFFECTIVE DATE.—The amendments (XVIII); and scribed in that paragraph whose family in- made by subsection (a) apply with respect to (iii) by adding at the end the following new come does not exceed 250 percent of the pov- medical assistance provided on or after Octo- subclause: erty line, the aggregate amount of such pre- ber 1, 2006. ‘‘(XIX) who are disabled children described mium and any premium that the parent is SEC. 4. DEVELOPMENT AND SUPPORT OF FAM- in subsection (cc)(1);’’; and required to pay for family coverage under ILY-TO-FAMILY HEALTH INFORMA- (B) by adding at the end the following new section 1902(cc)(2)(A)(i) does not exceed 7.5 TION CENTERS. subsection: percent of the family’s income; and Section 501 (42 U.S.C. 701) is amended by ‘‘(cc)(1) Individuals described in this para- ‘‘(B) the requirement is imposed consistent adding at the end the following new sub- graph are individuals— with section 1902(cc)(2)(A)(ii)(I). section: ‘‘(A) who have not attained 18 years of age; ‘‘(3) A State shall not require prepayment ‘‘(c)(1)(A) For the purpose of enabling the ‘‘(B) who would be considered disabled of a premium imposed pursuant to paragraph Secretary (through grants, contracts, or oth- (1) and shall not terminate eligibility of a under section 1614(a)(3)(C) but for having erwise) to provide for special projects of re- child under section 1902(a)(10)(A)(ii)(XIX) for earnings or deemed income or resources (as gional and national significance for the de- medical assistance under this title on the determined under title XVI for children) that velopment and support of family-to-family basis of failure to pay any such premium exceed the requirements for receipt of sup- health information centers described in until such failure continues for a period of paragraph (2)— plemental security income benefits; and not less than 60 days from the date on which ‘‘(i) there is appropriated to the Secretary, ‘‘(C) whose family income does not exceed the premium became past due. The State out of any money in the Treasury not other- such income level as the State establishes may waive payment of any such premium in and does not exceed— any case where the State determines that re- wise appropriated— ‘‘(i) 250 percent of the poverty line (as de- quiring such payment would create an undue ‘‘(I) $3,000,000 for fiscal year 2006; fined in section 2110(c)(5)) applicable to a hardship.’’. ‘‘(II) $4,000,000 for fiscal year 2007; and family of the size involved; or (c) CONFORMING AMENDMENT.—Section ‘‘(III) $5,000,000 for fiscal year 2008; and ‘‘(ii) such higher percent of such poverty 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in ‘‘(ii) there is authorized to be appropriated line as a State may establish, except that— the matter preceding subparagraph (A), by to the Secretary, $5,000,000 for each of fiscal ‘‘(I) any medical assistance provided to an inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after years 2009 and 2010. individual whose family income exceeds 250 ‘‘1902(a)(10)(A)(ii)(XVIII),’’. ‘‘(B) Funds appropriated or authorized to percent of such poverty line may only be (d) RULE OF CONSTRUCTION.—Notwith- be appropriated under subparagraph (A) provided with State funds; and standing any other provision of law, nothing shall—

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5006 CONGRESSIONAL RECORD — SENATE May 6, 2004 ‘‘(i) be in addition to amounts appropriated activities in the United States, to re- ‘‘(2) CALCULATION OF PENALTY.—The pen- under subsection (a) and retained under sec- form and simplify the international alty amount determined under paragraph (1) tion 502(a)(1) for the purpose of carrying out taxation rules of the United States, shall be calculated with respect to each in- activities described in subsection (a)(2); and and for other purposes; which was or- stance of aid, assistance, procurement, or ad- ‘‘(ii) remain available until expended. vice described in subsection (a), each in- ‘‘(2) The family-to-family health informa- dered to lie on the table; as follows: stance in which income was derived by the tion centers described in this paragraph are At the end add the following: person or persons subject to such penalty, centers that— TITLE IX—PROVISIONS DESIGNED TO RE- and each person who made such an under- ‘‘(A) assist families of children with dis- STRICT USE OF ABUSIVE TAX SHELTERS statement of the liability for tax. abilities or special health care needs to SEC. 901. PENALTY FOR PROMOTING ABUSIVE ‘‘(3) LIABILITY FOR PENALTY.—If more than make informed choices about health care in TAX SHELTERS. 1 person is liable under subsection (a) with order to promote good treatment decisions, (a) PENALTY FOR PROMOTING ABUSIVE TAX respect to providing such aid, assistance, cost-effectiveness, and improved health out- SHELTERS.—Section 6700 (relating to pro- procurement, or advice, all such persons comes for such children; moting abusive tax shelters, etc.) is amend- shall be jointly and severally liable for the ‘‘(B) provide information regarding the ed— penalty under such subsection.’’. health care needs of, and resources available (1) by redesignating subsections (b) and (c) (c) PENALTY NOT DEDUCTIBLE.—Section 6701 for, children with disabilities or special as subsections (d) and (e), respectively, is amended by adding at the end the fol- health care needs; (2) by striking ‘‘a penalty’’ and all that fol- lowing new subsection: ‘‘(C) identify successful health delivery lows through the period in the first sentence ‘‘(g) PENALTY NOT DEDUCTIBLE.—The pay- models for such children; of subsection (a) and inserting ‘‘a penalty de- ment of any penalty imposed under this sec- tion or the payment of any amount to settle ‘‘(D) develop with representatives of health termined under subsection (b)’’, and or avoid the imposition of such penalty shall care providers, managed care organizations, (3) by inserting after subsection (a) the fol- not be considered an ordinary and necessary health care purchasers, and appropriate lowing new subsections: expense in carrying on a trade or business State agencies a model for collaboration be- ‘‘(b) AMOUNT OF PENALTY; CALCULATION OF for purposes of this title and shall not be de- tween families of such children and health PENALTY; LIABILITY FOR PENALTY.— ductible by the person who is subject to such professionals; ‘‘(1) AMOUNT OF PENALTY.—The amount of penalty or who makes such payment.’’. the penalty imposed by subsection (a) shall ‘‘(E) provide training and guidance regard- (d) EFFECTIVE DATE.—The amendments ing caring for such children; not exceed 150 percent of the gross income made by this section shall apply to activities ‘‘(F) conduct outreach activities to the derived (or to be derived) from such activity after the date of the enactment of this Act. families of such children, health profes- by the person or persons subject to such pen- (e) PRIOR SECTION TO HAVE NO EFFECT.— sionals, schools, and other appropriate enti- alty. Notwithstanding section 419 of this Act, such ties and individuals; and ‘‘(2) CALCULATION OF PENALTY.—The pen- section, and the amendment made by such ‘‘(G) are staffed by families of children alty amount determined under paragraph (1) section, shall not take effect. with disabilities or special health care needs shall be calculated with respect to each in- SEC. 903. PENALTY FOR FAILURE TO REGISTER who have expertise in Federal and State pub- stance of an activity described in subsection TAX SHELTER. lic and private health care systems and (a), each instance in which income was de- (a) IN GENERAL.—Section 6707 (relating to health professionals. rived by the person or persons subject to failure to furnish information regarding tax ‘‘(3) The Secretary shall develop family-to- such penalty, and each person who partici- shelters) is amended to read as follows: family health information centers described pated in such an activity. ‘‘SEC. 6707. FAILURE TO FURNISH INFORMATION in paragraph (2) in accordance with the fol- ‘‘(3) LIABILITY FOR PENALTY.—If more than ON POTENTIALLY ABUSIVE TAX lowing: 1 person is liable under subsection (a) with SHELTER OR LISTED TRANSACTION. ‘‘(A) With respect to fiscal year 2006, such respect to such activity, all such persons ‘‘(a) IN GENERAL.—If a person who is re- centers shall be developed in not less than 25 shall be jointly and severally liable for the quired to file a return under section 6111 States. penalty under such subsection. with respect to any potentially abusive tax ‘‘(B) With respect to fiscal year 2007, such ‘‘(c) PENALTY NOT DEDUCTIBLE.—The pay- shelter— centers shall be developed in not less than 40 ment of any penalty imposed under this sec- ‘‘(1) fails to file such return on or before States. tion or the payment of any amount to settle the date prescribed therefor, or ‘‘(C) With respect to fiscal year 2008, such or avoid the imposition of such penalty shall ‘‘(2) files false or incomplete information centers shall be developed in all States. not be considered an ordinary and necessary with the Secretary with respect to such shel- ‘‘(4) The provisions of this title that are expense in carrying on a trade or business ter, applicable to the funds made available to the for purposes of this title and shall not be de- such person shall pay a penalty with respect Secretary under section 502(a)(1) apply in the ductible by the person who is subject to such to such return in the amount determined same manner to funds made available to the penalty or who makes such payment.’’. under subsection (b). Secretary under paragraph (1)(A). (b) EFFECTIVE DATE.—The amendments ‘‘(b) AMOUNT OF PENALTY.— ‘‘(5) For purposes of this subsection, the made by this section shall apply to activities ‘‘(1) IN GENERAL.—Except as provided in term ‘State’ means each of the 50 States and after the date of the enactment of this Act. paragraph (2), the penalty imposed under the District of Columbia.’’. (c) PRIOR SECTION TO HAVE NO EFFECT.— subsection (a) with respect to any failure SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY Notwithstanding section 415(b) of this Act, shall be not less than $50,000 and not more FOR CERTAIN SSI BENEFICIARIES. such section, and the amendment made by than $100,000. (a) IN GENERAL.—Section such section, shall not take effect. ‘‘(2) LISTED TRANSACTIONS.—The penalty 1902(a)(10)(A)(i)(II) (42 U.S.C. SEC. 902. PENALTY FOR AIDING AND ABETTING imposed under subsection (a) with respect to 1396a(a)(10)(A)(i)(II)) is amended— THE UNDERSTATEMENT OF TAX LI- any listed transaction shall be an amount (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; ABILITY. equal to the greater of— (2) by striking ‘‘) and’’ and inserting (a) IN GENERAL.—Section 6701(a) (relating ‘‘(A) $200,000, or ‘‘and’’; to imposition of penalty) is amended— ‘‘(B) 100 percent of the gross income de- (3) by striking ‘‘section or who are’’ and in- (1) by inserting ‘‘the tax liability or’’ after rived by such person for providing aid, as- serting ‘‘section), (bb) who are’’; and ‘‘respect to,’’ in paragraph (1), sistance, procurement, advice, or other serv- (4) by inserting before the comma at the (2) by inserting ‘‘aid, assistance, procure- ices with respect to the listed transaction end the following: ‘‘, or (cc) who are under 21 ment, or advice with respect to such’’ before before the date the return including the years of age and with respect to whom sup- ‘‘portion’’ both places it appears in para- transaction is filed under section 6111. plemental security income benefits would be graphs (2) and (3), and Subparagraph (B) shall be applied by sub- paid under title XVI if subparagraphs (A) and (3) by inserting ‘‘instance of aid, assist- stituting ‘150 percent’ for ‘100 percent’ in the (B) of section 1611(c)(7) were applied without ance, procurement, or advice or each such’’ case of an intentional failure or act de- regard to the phrase ‘the first day of the before ‘‘document’’ in the matter following scribed in subsection (a). month following’ ’’. paragraph (3). ‘‘(c) CERTAIN RULES TO APPLY.—The provi- (b) EFFECTIVE DATE.—The amendments (b) AMOUNT OF PENALTY.—Subsection (b) of sions of section 6707A(d) allowing the Com- made by subsection (a) shall apply to med- section 6701 (relating to penalties for aiding missioner of Internal Revenue to rescind a ical assistance for items and services fur- and abetting understatement of tax liability) penalty under certain circumstances shall nished on or after January 1, 2006. is amended to read as follows: apply to any penalty imposed under this sec- ‘‘(b) AMOUNT OF PENALTY; CALCULATION OF tion. SA 3120. Mr. LEVIN submitted an PENALTY; LIABILITY FOR PENALTY.— ‘‘(d) POTENTIALLY ABUSIVE TAX SHELTERS amendment intended to be proposed by ‘‘(1) AMOUNT OF PENALTY.—The amount of AND LISTED TRANSACTIONS.—The terms ‘po- him to the bill S. 1637, to amend the In- the penalty imposed by subsection (a) shall tentially abusive tax shelter’ and ‘listed not exceed 150 percent of the gross income ternal Revenue Code of 1986 to comply transaction’ have the respective meanings derived (or to be derived) from such aid, as- given to such terms by section 6707A(c). with the World Trade Organization rul- sistance, procurement, or advice provided by ‘‘(e) PENALTY NOT DEDUCTIBLE.—The pay- ings on the FSC/ETI benefit in a man- the person or persons subject to such pen- ment of any penalty imposed under this sec- ner that preserves jobs and production alty. tion or the payment of any amount to settle

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5007

or avoid the imposition of such penalty shall ‘‘(2) LISTED TRANSACTION.—Except as pro- ‘‘(e) PENALTY REPORTED TO SEC.—In the not be considered an ordinary and necessary vided in paragraph 3, the amount of the pen- case of a person— expense in carrying on a trade or business alty under subsection (a) with respect to a ‘‘(1) which is required to file periodic re- for purposes of this title and shall not be de- listed transaction shall be $100,000. ports under section 13 or 15(d) of the Securi- ductible by the person who is subject to such ‘‘(3) INCREASE IN PENALTY FOR INTENTIONAL ties Exchange Act of 1934 or is required to be penalty or who makes such payment.’’. NONDISCLOSURE.—In the case of an inten- consolidated with another person for pur- (b) CLERICAL AMENDMENT.—The item relat- tional failure by any person under subsection poses of such reports, and ing to section 6707 in the table of sections for (a), the penalty under paragraph (1) shall be ‘‘(2) which— part I of subchapter B of chapter 68 is $100,000 and the penalty under paragraph (2) ‘‘(A) is required to pay a penalty under this amended by striking ‘‘regarding tax shel- shall be $200,000. section with respect to a listed transaction, ters’’ and inserting ‘‘on potentially abusive ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(B) is required to pay a penalty under sec- tax shelter or listed transaction’’. tion— tion 6662A with respect to any potentially (c) EFFECTIVE DATE.—The amendments ‘‘(1) POTENTIALLY ABUSIVE TAX SHELTER.— abusive tax shelter at a rate prescribed made by this section shall apply to returns The term ‘potentially abusive tax shelter’ under section 6662A(c), or the due date for which is after the date of means any transaction with respect to which ‘‘(C) is required to pay a penalty under sec- the enactment of this Act. information is required to be included with a tion 6662B with respect to any noneconomic (d) PRIOR SECTION TO HAVE NO EFFECT.— return or statement, because the Secretary substance transaction, Notwithstanding section 408(c) of this Act, has determined by regulation or otherwise the requirement to pay such penalty shall be such section, and the amendments made by that such transaction has a potential for tax disclosed in such reports filed by such person such section, shall not take effect. avoidance or evasion. for such periods as the Secretary shall speci- SEC. 904. PENALTY FOR FAILING TO MAINTAIN ‘‘(2) LISTED TRANSACTION.—Except as pro- fy. Failure to make a disclosure in accord- CLIENT LIST. vided in regulations, the term ‘listed trans- ance with the preceding sentence shall be (a) IN GENERAL.—Subsection (a) of section action’ means a potentially abusive tax shel- treated as a failure to which the penalty 6708 (relating to failure to maintain lists of ter which is the same as, or substantially under subsection (b)(2) applies. investors in potentially abusive tax shelters) similar to, a transaction specifically identi- ‘‘(f) PENALTY IN ADDITION TO OTHER PEN- is amended to read as follows: fied by the Secretary as a tax avoidance ALTIES.—The penalty imposed by this section ‘‘(a) IMPOSITION OF PENALTY.— transaction for purposes of section 6011. shall be in addition to any other penalty pro- vided by law. ‘‘(1) IN GENERAL.—If any person who is re- ‘‘(d) AUTHORITY TO RESCIND PENALTY.— ‘‘(g) PENALTY NOT DEDUCTIBLE.—The pay- quired to maintain a list under section ‘‘(1) IN GENERAL.—The Commissioner of In- ment of any penalty imposed under this sec- 6112(a) fails to make such list available upon ternal Revenue may rescind all or any por- written request to the Secretary in accord- tion or the payment of any amount to settle tion of a penalty imposed by this section or avoid the imposition of such penalty shall ance with section 6112(b)(1)(A) within 20 busi- with respect to any violation if— ness days after the date of the Secretary’s not be considered an ordinary and necessary ‘‘(A) the violation is with respect to a po- expense in carrying on a trade or business request, such person shall pay a penalty of tentially abusive tax shelter other than a for purposes of this title and shall not be de- $10,000 for each day of such failure after such listed transaction, ductible by the person who is subject to such 20th day. If such person makes available an ‘‘(B) the person on whom the penalty is im- penalty or who makes such payment.’’. incomplete list upon such request, such per- posed has a history of complying with the re- (b) CONFORMING AMENDMENT.—The table of son shall pay a penalty of $100 per each omit- quirements of this title, sections for part I of subchapter B of chapter ted name for each day of such omission after ‘‘(C) it is shown that the violation is due to 68 is amended by inserting after the item re- such 20th day. an unintentional mistake of fact, lating to section 6707 the following: ‘‘(2) GOOD CAUSE EXCEPTION.—No penalty ‘‘(D) imposing the penalty would be shall be imposed by paragraph (1) with re- ‘‘Sec. 6707A. Penalty for failure to include against equity and good conscience, and potentially abusive tax shelter spect to the failure on any day if, in the ‘‘(E) rescinding the penalty would promote judgment of the Secretary, such failure is information with return or compliance with the requirements of this statement.’’. due to good cause.’’. title and effective tax administration. (b) PENALTY NOT DEDUCTIBLE.—Section (c) EFFECTIVE DATE.—The amendments ‘‘(2) DISCRETION.—The exercise of authority 6708 is amended by adding at the end the fol- made by this section shall apply to returns under paragraph (1) shall be at the sole dis- lowing new subsection: and statements the due date for which is cretion of the Commissioner and may be del- ‘‘(c) PENALTY NOT DEDUCTIBLE.—The pay- after the date of the enactment of this Act. egated only to the head of the Office of Tax ment of any penalty imposed under this sec- (d) PRIOR SECTION TO HAVE NO EFFECT.— Shelter Analysis. The Commissioner, in the tion or the payment of any amount to settle Notwithstanding section 402(c) of this Act, Commissioner’s sole discretion, may estab- or avoid the imposition of such penalty shall such section, and the amendments made by lish a procedure to determine if a penalty not be considered an ordinary and necessary such section, shall not take effect. should be referred to the Commissioner or expense in carrying on a trade or business SEC. 906. IMPROVED DISCLOSURE OF POTEN- the head of such Office for a determination for purposes of this title and shall not be de- TIALLY ABUSIVE TAX SHELTERS. under paragraph (1). ductible by the person who is subject to such (a) IN GENERAL.—Section 6111 (relating to ‘‘(3) NO APPEAL.—Notwithstanding any penalty or who makes such payment.’’. registration of tax shelters) is amended to other provision of law, any determination (c) EFFECTIVE DATE.—The amendments read as follows: made by this section shall apply to requests under this subsection may not be reviewed in ‘‘SEC. 6111. DISCLOSURE OF POTENTIALLY ABU- made by the Secretary of the Treasury after any administrative or judicial proceeding. SIVE TAX SHELTERS. the date of the enactment of this Act. ‘‘(4) RECORDS.—If a penalty is rescinded ‘‘(a) IN GENERAL.—Each material advisor under paragraph (1), the Commissioner shall (d) PRIOR SECTION TO HAVE NO EFFECT.— with respect to any potentially abusive tax Notwithstanding section 409(b) of this Act, place in the file in the Office of the Commis- shelter shall make a return (in such form as such section, and the amendment made by sioner the opinion of the Commissioner or the Secretary may prescribe) setting forth— such section, shall not take effect. the head of the Office of Tax Shelter Anal- ‘‘(1) information identifying and describing ysis with respect to the determination, in- such shelter, SEC. 905. PENALTY FOR FAILING TO DISCLOSE POTENTIALLY ABUSIVE TAX SHEL- cluding— ‘‘(2) information describing any potential TER. ‘‘(A) the facts and circumstances of the tax benefits expected to result from the shel- (a) IN GENERAL.—Part I of subchapter B of transaction, ter, and chapter 68 (relating to assessable penalties) ‘‘(B) the reasons for the rescission, and ‘‘(3) such other information as the Sec- is amended by inserting after section 6707 ‘‘(C) the amount of the penalty rescinded. retary may prescribe. the following new section: A copy of such opinion shall be provided Such return shall be filed not later than the ‘‘SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE upon written request to the Committee on date which is 30 days before the date on POTENTIALLY ABUSIVE TAX SHEL- Ways and Means of the House of Representa- which the first sale of such shelter occurs or TER INFORMATION WITH RETURN tives, the Committee on Finance of the Sen- on any other date specified by the Secretary. OR STATEMENT. ate, the Joint Committee on Taxation, or ‘‘(b) DEFINITIONS.—For purposes of this sec- ‘‘(a) IMPOSITION OF PENALTY.—Any person the General Accounting Office. tion— who fails to include on any return or state- ‘‘(5) REPORT.—The Commissioner shall ‘‘(1) MATERIAL ADVISOR.— ment any information with respect to a po- each year report to the Committee on Ways ‘‘(A) IN GENERAL.—The term ‘material ad- tentially abusive tax shelter which is re- and Means of the House of Representatives visor’ means any person— quired under section 6011 to be included with and the Committee on Finance of the Sen- ‘‘(i) who provides any material aid, assist- such return or statement shall pay a penalty ate— ance, or advice with respect to designing, or- in the amount determined under subsection ‘‘(A) a summary of the total number and ganizing, managing, promoting, selling, im- (b). aggregate amount of penalties imposed, and plementing, or carrying out any potentially ‘‘(b) AMOUNT OF PENALTY.— rescinded, under this section, and abusive tax shelter, and ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) a description of each penalty re- ‘‘(ii) who directly or indirectly derives paragraphs (2) and (3), the amount of the scinded under this subsection and the rea- gross income in excess of the threshold penalty under subsection (a) shall be $50,000. sons therefor. amount for such aid, assistance, or advice.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5008 CONGRESSIONAL RECORD — SENATE May 6, 2004

‘‘(B) THRESHOLD AMOUNT.—For purposes of section shall apply to transactions with re- ‘‘(i) in the case of a violation involving a subparagraph (A), the threshold amount is— spect to which material aid, assistance, or transaction, the amount of the transaction, ‘‘(i) $50,000 in the case of a potentially abu- advice referred to in section 6111(b)(1)(A)(i) or sive tax shelter substantially all of the tax of the Internal Revenue Code of 1986 (as ‘‘(ii) in the case of a violation involving a benefits from which are provided to natural added by this section) is provided after the failure to report the existence of an account persons, and date of the enactment of this Act. or any identifying information required to be ‘‘(ii) $100,000 in any other case. (2) NO CLAIM OF CONFIDENTIALITY AGAINST provided with respect to an account, the bal- ‘‘(2) POTENTIALLY ABUSIVE TAX SHELTER.— DISCLOSURE.—The amendment made by sub- ance in the account at the time of the viola- The term ‘potentially abusive tax shelter’ section (c) shall take effect as if included in tion.’’. has the meaning given to such term by sec- the amendments made by section 142 of the (b) EFFECTIVE DATE.—The amendment tion 6707A(c). Deficit Reduction Act of 1984. made by this section shall apply to viola- ‘‘(c) REGULATIONS.—The Secretary may (e) PRIOR SECTION TO HAVE NO EFFECT.— tions occurring after the date of the enact- prescribe regulations which provide— Notwithstanding section 407(d) of this Act, ment of this Act. ‘‘(1) that only 1 person shall be required to such section, and the amendments made by (c) PRIOR SECTION TO HAVE NO EFFECT.— meet the requirements of subsection (a) in such section, shall not take effect. Notwithstanding section 412(b) of this Act, cases in which 2 or more persons would oth- such section, and the amendment made by SEC. 907. EXTENSION OF STATUTE OF LIMITA- such section, shall not take effect. erwise be required to meet such require- TIONS FOR UNDISCLOSED TAX SHEL- ments, TER. f ‘‘(2) exemptions from the requirements of (a) IN GENERAL.—Section 6501(c) (relating AUTHORITY FOR COMMITTEES TO this section, and to exceptions) is amended by adding at the ‘‘(3) such rules as may be necessary or ap- end the following new paragraph: MEET propriate to carry out the purposes of this ‘‘(10) POTENTIALLY ABUSIVE TAX SHEL- COMMITTEE ON AGRICULTURE, NUTRITION, AND section.’’. TERS.—If a taxpayer fails to include on any FORESTRY (b) CONFORMING AMENDMENTS.— return or statement for any taxable year any Mr. COLEMAN. Mr. President, I ask (1) The item relating to section 6111 in the information with respect to a potentially unanimous consent that the Com- table of sections for subchapter B of chapter abusive tax shelter (as defined in section 61 is amended to read as follows: mittee on Agriculture, Nutrition, and 6707A(c)) which is required under section 6011 Forestry be authorized to conduct a to be included with such return or state- ‘‘Sec. 6111. Disclosure of potentially abusive hearing during the session of the Sen- tax shelters.’’. ment, the time for assessment of any tax im- ate on Thursday, May 6, 2004. The pur- (2)(A) So much of section 6112 as precedes posed by this title with respect to such subsection (c) thereof is amended to read as transaction shall not expire before the date pose of this hearing will be to discuss follows: which is 2 years after the earlier of— Biomass Use in Energy Production: ‘‘SEC. 6112. MATERIAL ADVISORS OF POTEN- ‘‘(A) the date on which the Secretary is New Opportunities for Agriculture. TIALLY ABUSIVE TAX SHELTERS furnished the information so required; or The PRESIDING OFFICER. Without MUST KEEP CLIENT LISTS. ‘‘(B) the date that a material advisor (as objection, it is so ordered. ‘‘(a) IN GENERAL.—Each material advisor defined in section 6111) meets the require- COMMITTEE ON ARMED SERVICES (as defined in section 6111) with respect to ments of section 6112 with respect to a re- Mr. COLEMAN. Mr. President, I ask any potentially abusive tax shelter (as de- quest by the Secretary under section 6112(b) fined in section 6707A(c)) shall maintain, in relating to such transaction with respect to unanimous consent that the committee such manner as the Secretary may by regu- such taxpayer.’’. on Armed Services be authorized to lations prescribe, a list— (b) EFFECTIVE DATE.—The amendment meet during the session of the Senate ‘‘(1) identifying each person with respect to made by this section shall apply to taxable on Thursday, May 6, 2004 at 9:30 a.m. in whom such advisor acted as such a material years with respect to which the period for as- closed session to mark up the Depart- advisor with respect to such shelter, and sessing a deficiency did not expire before the ment of Defense Authorization Act for ‘‘(2) containing such other information as date of the enactment of this Act. fiscal year 2005. the Secretary may by regulations require. (c) PRIOR SECTION TO HAVE NO EFFECT.— The PRESIDING OFFICER. Without This section shall apply without regard to Notwithstanding section 416(b) of this Act, objection, it is so ordered. whether a material advisor is required to file such section, and the amendment made by COMMITTEE ON BANKING, HOUSING AND URBAN a return under section 6111 with respect to such section, shall not take effect. AFFAIRS such transaction.’’. SEC. 908. PENALTY FOR FAILING TO REPORT IN- Mr. COLEMAN. Mr. President, I ask (B) Section 6112 is amended by redesig- TERESTS IN FOREIGN FINANCIAL nating subsection (c) as subsection (b). ACCOUNTS. unanimous consent that the Com- (C) Section 6112(b), as redesignated by sub- (a) IN GENERAL.—Section 5321(a)(5) of title mittee on Banking, Housing, and paragraph (B), is amended— 31, United States Code, is amended to read as Urban Affairs be authorized to meet (i) by inserting ‘‘written’’ before ‘‘request’’ follows: during the session of the Senate on in paragraph (1)(A), and ‘‘(5) FOREIGN FINANCIAL AGENCY TRANS- Thursday, May 6, 2004, at 10:00 a.m. to (ii) by striking ‘‘shall prescribe’’ in para- ACTION VIOLATION.— conduct a markup of ‘‘The Public graph (2) and inserting ‘‘may prescribe’’. ‘‘(A) PENALTY AUTHORIZED.—The Secretary Transportation Terrorism Prevention (D) The item relating to section 6112 in the of the Treasury may impose a civil money Act.’’ table of sections for subchapter B of chapter penalty on any person who violates, or The PRESIDING OFFICER. Without 61 is amended to read as follows: causes any violation of, any provision of sec- objection, it is so ordered. ‘‘Sec. 6112. Material advisors of potentially tion 5314. ‘‘(B) AMOUNT OF PENALTY.— COMMITTEE ON COMMERCE, SCIENCE, AND abusive tax shelters must keep TRANSPORTATION client lists.’’. ‘‘(i) IN GENERAL.—Except as provided in subparagraph (C), the amount of any civil Mr. COLEMAN. Mr. President, I ask (3)(A) The heading for section 6708 is penalty imposed under subparagraph (A) unanimous consent that the Com- amended to read as follows: shall not exceed $10,000. mittee on Commerce, Science, and ‘‘SEC. 6708. FAILURE TO MAINTAIN CLIENT LISTS ‘‘(ii) REASONABLE CAUSE EXCEPTION.—No WITH RESPECT TO POTENTIALLY Transportation be authorized to meet ABUSIVE TAX SHELTERS.’’. penalty shall be imposed under subparagraph on Thursday, May 6, 2004, at 9:30 a.m. (B) The item relating to section 6708 in the (A) with respect to any violation if— on Impacts of Climate Change and table of sections for part I of subchapter B of ‘‘(I) such violation was due to reasonable States’ Actions. chapter 68 is amended to read as follows: cause, and ‘‘(II) the amount of the transaction or the The PRESIDING OFFICER. Without ‘‘Sec. 6708. Failure to maintain client lists balance in the account at the time of the objection, it is so ordered. with respect to potentially abu- transaction was properly reported. COMMITTEE ON THE JUDICIARY sive tax shelters.’’. ‘‘(C) WILLFUL VIOLATIONS.—In the case of Mr. COLEMAN. Mr. President, I ask (c) REQUIRED DISCLOSURE NOT SUBJECT TO any person willfully violating, or willfully unanimous consent that the Com- CLAIM OF CONFIDENTIALITY.—Section causing any violation of, any provision of mittee on the Judiciary be authorized 6112(b)(1), as redesignated by subsection section 5314, the amount of the civil penalty to meet to conduct a markup on Thurs- (b)(2)(B), is amended by adding at the end the imposed under subparagraph (A) shall be— following new flush sentence: day, May 6, 2004, at 9:30 a.m. in Dirksen ‘‘(i) not less than $5,000, Senate Building Room 226. ‘‘For purposes of this section, the identity of ‘‘(ii) not more than 50 percent of the any person on such list shall not be privi- amount determined under subparagraph (D), Agenda leged.’’. and I. Nominations (d) EFFECTIVE DATE.— ‘‘(iii) subparagraph (B)(ii) shall not apply. (1) IN GENERAL.—Except as provided in ‘‘(D) AMOUNT.—The amount determined Henry W. Saad to be U.S. Circuit paragraph (2), the amendments made by this under this subparagraph is— Judge for the Sixth Circuit.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5009 II. Legislation S.J. Res. 34, A joint resolution desig- The PRESIDING OFFICER. Without S. 1735, Gang Prevention and Effec- nating May 29, 2004, on the occasion of objection, it is so ordered. tive Deterrence Act of 2003 [Hatch, the dedication of the National World Chambliss, Feinstein, Grassley, Cor- War II Memorial, as Remembrance of f nyn, Graham, Schumer]; World War II Veterans Day [Conrad, S. 1933, Enhancing Federal Obscenity Leahy]. PRIVILEGES OF THE FLOOR Reporting and Copyright Enforcement The PRESIDING OFFICER. Without (ENFORCE) Act of 2003 [Hatch, Fein- objection, it is so ordered. Mr. KENNEDY. Mr. President, I ask unanimous consent that Matt Stump, a stein, Cornyn]; SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT S. 1635, A bill to amend the Immigra- MANAGEMENT, THE FEDERAL WORKFORCE, congressional fellow in my office, be tion and Nationality Act to ensure the AND THE DISTRICT OF COLUMBIA granted the privileges of the floor for integrity of the L–1 visa for Mr. COLEMAN. Mr. President, I ask the remainder of the day. intracompany transferees [Chambliss]; unanimous consent that the Com- The PRESIDING OFFICER. Without S. 1609, Parental Responsibility Obli- mittee on Governmental Affairs Sub- objection, it is so ordered. gations Met through Immigration Sys- committee on Oversight of Government Mr. LUGAR. Mr. President, I ask tem Enforcement (PROMISE) Act Management, the Federal Workforce, unanimous consent Michael Mattler, a [Hatch, Cornyn]; and the District of Columbia, be au- detailee on the Foreign Relations Com- S. 1129, Unaccompanied Alien Child thorized to meet on Thursday, May 6, mittee staff, be granted the privilege of Protection Act of 2003 [Feinstein, 2004 at 10 a.m. for a hearing entitled, the floor for the duration of the debate DeWine, Feingold, Kennedy, Leahy, ‘‘Trimming the Fat: Examining Dupli- on this nomination. Specter, Edwards, Durbin, Kohl, Schu- cative and Outdated Programs and The PRESIDING OFFICER. Without mer]; and hFunctions.’’ objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORT In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Thad Cochran: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Senator Patrick Leahy: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Senator Norm Coleman: Brazil ...... Dollar ...... 939.00 ...... 866.00 ...... 1,805.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 320.00 ...... 320.00 Kevin McDonald: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Kay Webber: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Matthew O’Mara: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Hunt Shipman: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Patricia Doty: Brazil ...... Dollar ...... 939.00 ...... 939.00 Uruguay ...... Dollar ...... 243.00 ...... 243.00 Argentina ...... Dollar ...... 640.00 ...... 640.00 Chile ...... Dollar ...... 648.00 ...... 648.00 Delegation Expenses: * Argentina ...... Dollar ...... 1,114.00 ...... 4,878.00 ...... 5,992.00 Uruguay ...... Dollar ...... 3,528.00 ...... 14,406.00 ...... 17,934.00

Total ...... 18,792.00 ...... 4,642.00 ...... 19,284.00 ...... 42,718.00

* Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. THAD COCHRAN, Chairman, Committee on Agriculture, Nutrition, and Forestry, Apr. 20, 2004.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5010 CONGRESSIONAL RECORD — SENATE May 6, 2004 AMENDED CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95– 384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Carol Cribbs: China ...... Dollar ...... 722.00 ...... 100.00 ...... 822.00 Thailand ...... Baht ...... 356.00 ...... 100.00 ...... 456.00 Singapore ...... Dollar ...... 618.00 ...... 150.00 ...... 768.00 El Salvador ...... Dollar ...... 362.50 ...... 100.00 ...... 462.50 Mexico ...... Peso ...... 576.00 ...... 100.00 ...... 676.00 Rebecca Davies: China ...... Dollar ...... 732.00 ...... 100.00 ...... 832.00 Thailand ...... Baht ...... 356.00 ...... 100.00 ...... 456.00 Singapore ...... Dollar ...... 412.00 ...... 100.00 ...... 512.00 Senator Ernest Hollings: Brazil ...... Real ...... 1,472.00 ...... 1,472.00 Joab M. Lesesne: Brazil ...... Real ...... 1,472.00 ...... 1,472.00 Tim Rieser: Colombia ...... Dollar ...... 650.00 ...... 60.00 ...... 710.00 Nicaragua ...... Dollar ...... 108.00 ...... 108.00 United States ...... Dollar ...... 776.00 ...... 776.00 Total ...... 7,836.50 ...... 776.00 ...... 910.00 ...... 9,522.50 TED STEVENS, Chairman, Committee on Appropriations, Feb. 13, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Paul L. Grove: Hong Kong ...... Dollar ...... 1,137.00 ...... 1,137.00 Vietnam ...... Dollar ...... 892.00 ...... 892.00 Cambodia ...... Dollar ...... 609.00 ...... 609.00 Thailand ...... Baht ...... 696.00 ...... 696.00 United States ...... Dollar ...... 7,142.78 ...... 7,142.78 Vietnam ...... Dollar ...... 161.00 ...... 161.00 Katherine Hennessey: New Zealand ...... Dollar ...... 828.00 ...... 828.00 Australia ...... Dollar ...... 511.00 ...... 511.00 East Timor ...... Dollar ...... 233.00 ...... 233.00 United States ...... Dollar ...... 9,818.00 ...... 9,818.00 Katherine Eltrich: New Zealand ...... Dollar ...... 828.00 ...... 828.00 Australia ...... Dollar ...... 511.00 ...... 511.00 East Timor ...... Dollar ...... 233.00 ...... 233.00 United States ...... Dollar ...... 9,818.00 ...... 9,818.00 Senator Ted Stevens: Jordan ...... Dinar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Rupee ...... 523.52 ...... 523.52 France ...... Euro ...... 916.00 ...... 916.00 Sid Ashworth: Jordan ...... Dinar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Rupee ...... 523.52 ...... 523.52 France ...... Euro ...... 916.00 ...... 916.00 Charlie Houy: Jordan ...... Dinar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Rupee ...... 523.52 ...... 523.52 France ...... Euro ...... 916.00 ...... 916.00 Bob Henke: Jordan ...... Dinar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Rupee ...... 523.52 ...... 523.52 France ...... Euro ...... 916.00 ...... 916.00 Lila Helms: Jordan ...... Dinar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Rupee ...... 523.52 ...... 523.52 France ...... Euro ...... 916.00 ...... 916.00 Senator Ernest F. Hollings: Jordan ...... Dinar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Rupee ...... 523.52 ...... 523.52 France ...... Euro ...... 916.00 ...... 916.00 Senator Kay Bailey Hutchison: Germany ...... Euro ...... 382.00 ...... 109.00 ...... 491.00 Jim Morhard: Malta ...... Lira ...... 272.00 ...... 272.00 Cyprus ...... Pound ...... 652.00 ...... 652.00 Italy ...... Euro ...... 1,440.00 ...... 1,440.00 United States ...... Dollar ...... 6,326.59 ...... 6,326.59 Scott Gudes: Malta ...... Lira ...... 272.00 ...... 272.00 Cyprus ...... Pound ...... 652.00 ...... 652.00 Italy ...... Euro ...... 1,440.00 ...... 1,440.00 United States ...... Dollar ...... 6,326.59 ...... 6,326.59 Katherine Hennessey: Malta ...... Lira ...... 272.00 ...... 272.00 Cyprus ...... Pound ...... 652.00 ...... 652.00 Italy ...... Euro ...... 1,440.00 ...... 1,440.00 United States ...... Dollar ...... 6,326.59 ...... 6,326.59 Total ...... 30,269.12 ...... 45,919.55 ...... 109.00 ...... 76,297.67 TED STEVENS, Chairman, Committee on Appropriations, Mar. 30, 2004.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5011 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Nelson: Morocco ...... Dirham ...... 248.78 ...... 6.34 ...... 255.12 Egypt ...... Pound ...... 262.96 ...... 262.96 Israel ...... Shekel ...... 1,023.00 ...... 43.41 ...... 1,066.41 Jordan ...... Dinar ...... 133.27 ...... 17.50 ...... 150.77 Belgium ...... Euro ...... 408.11 ...... 408.11 Peter J. Mitchell: Morocco ...... Dirham ...... 248.78 ...... 56.00 ...... 304.78 Egypt ...... Pound ...... 262.96 ...... 288.00 ...... 550.96 Israel ...... Shekel ...... 1,023.00 ...... 424.06 ...... 1,447.06 Jordan ...... Dinar ...... 166.09 ...... 96.00 ...... 262.09 Belgium ...... Euro ...... 408.11 ...... 408.11 Daniel Shapiro: Egypt ...... Pound ...... 262.96 ...... 144.00 ...... 406.96 Israel ...... Shekel ...... 1,023.00 ...... 570.00 ...... 1,593.00 Jordan ...... Dinar ...... 166.09 ...... 143.84 ...... 309.93 Belgium ...... Euro ...... 408.11 ...... 408.11 Evelyn N. Farkas: Malaysia ...... Ringgit ...... 121.90 ...... 13.83 ...... 135.73 Phillippines ...... Peso ...... 307.50 ...... 61.94 ...... 369.44 South Korea ...... Won ...... 844.07 ...... 6.00 ...... 850.07 Japan ...... Yen ...... 432.80 ...... 95.71 ...... 528.51 United States ...... Dollar ...... 10,042.32 ...... 10,042.32 Madelyn R. Creedon: United States ...... Dollar ...... 7,508.,62 ...... 7,508.62 Russia ...... Ruble ...... 1,635.04 ...... 1,635.04 Georgia ...... Lari ...... 729.76 ...... 729.76 Senator John McCain: Colombia ...... Dollar ...... 271.00 ...... 271.00 Brazil ...... Dollar ...... 407.00 ...... 407.00 Argentina ...... Dollar ...... 114.00 ...... 114.00 Ecuador ...... Dollar ...... 123.00 ...... 123.00 Daniel C. Twining: Colombia ...... Dollar ...... 271.00 ...... 271.00 Brazil ...... Dollar ...... 610.00 ...... 610.00 Argentina ...... Dollar ...... 114.00 ...... 114.00 Ecuador ...... Dollar ...... 290.00 ...... 290.00 Senator Lindsey Graham: Colombia ...... Peso ...... 146.70 ...... 146.70 Brazil ...... Real ...... 262.18 ...... 90.14 ...... 352.32 Argentina ...... Peso ...... 92.71 ...... 92.71 Ecuador ...... Dollar ...... 195.90 ...... 195.90 Senator Susan M. Collins: Colombia ...... Dollar ...... 271.00 ...... 271.00 Brazil ...... Dollar ...... 610.00 ...... 610.00 Argentina ...... Dollar ...... 113.99 ...... 113.99 Ecuador ...... Dollar ...... 290.00 ...... 290.00 Lynn F. Rusten: United States ...... Dollar ...... 5,712.50 ...... 5,712.50 Russia ...... Dollar ...... 1,328.00 ...... 1,328.00 Karen E. Volker: Germany ...... Euro ...... 599.72 ...... 599.72 Mark Salter: Germany ...... Euro ...... 808.00 ...... 808.00 Daniel C. Twining: Germany ...... Euro ...... 808.00 ...... 808.00 Richard F. Walsh: South Korea ...... Won ...... 993.11 ...... 993.11 United States ...... Dollar ...... 4,306.98 ...... 4,306.98 Gerald J. Leeling: South Korea ...... Won ...... 960.87 ...... 75.00 ...... 1,035.87 United States ...... Dollar ...... 4,306.98 ...... 4,306.98 Scott W. Stucky: South Korea ...... Won ...... 995.36 ...... 40.00 ...... 1,035.36 United States ...... Dollar ...... 4,306.98 ...... 4,306.98 Diana G. Tabler: South Korea ...... Won ...... 1,014.11 ...... 1,014.11 United States ...... Dollar ...... 4,306.98 ...... 4,306.98 Senator John Warner: Jordan ...... Dollar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Dollar ...... 523.52 ...... 523.52 France ...... Dollar ...... 916.00 ...... 916.00 Senator James M. Inhofe: United States ...... Dollar ...... 3,177.83 ...... 3,177.83 Benin ...... Dollar ...... 360.40 ...... 360.40 Germany ...... Euro ...... 80.40 ...... 80.40 J. Mark Powers: United States ...... Dollar ...... 6,387.90 ...... 6,387.90 Germany ...... Euro ...... 98.57 ...... 98.57 Benin ...... Dollar ...... 320.00 ...... 320.00 Djibouti ...... Dollar ...... 30.00 ...... 30.00 John A. Bonsell: Germany ...... Dollar ...... 81.25 ...... 50.00 ...... 131.25 Senator Carl Levin: Israel ...... Dollar ...... 256.75 ...... 256.75 Jordan ...... Dollar ...... 130.75 ...... 130.75 Kuwait ...... Dollar ...... 324.54 ...... 324.54 Belgium ...... Dollar ...... 228.61 ...... 228.61 Senator Jack Reed: Israel ...... Dollar ...... 250.00 ...... 250.00 Jordan ...... Dollar ...... 124.00 ...... 124.00 Kuwait ...... Dollar ...... 348.99 ...... 348.99 Belgium ...... Dollar ...... 248.86 ...... 248.86 Richard D. DeBobes: Israel ...... Dollar ...... 250.00 ...... 250.00 Jordan ...... Dollar ...... 124.00 ...... 124.00 Kuwait ...... Dollar ...... 311.00 ...... 311.00 Belgium ...... Dollar ...... 253.75 ...... 35.00 ...... 288.75 Senator John McCain: Germany ...... Dollar ...... 513.00 ...... 513.00 Senator Lindsey Graham: Germany ...... Dollar ...... 609.75 ...... 609.75 Ambrose R. Hock: Germany ...... Dollar ...... 58.75 ...... 58.75

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5012 CONGRESSIONAL RECORD — SENATE May 6, 2004 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Wayne Allard: Ireland ...... Dollar ...... 1.00 ...... 1.00 Germany ...... Dollar ...... 65.00 ...... 65.00 Jayson Roehl: Ireland ...... Dollar ...... 10.00 ...... 10.00 Germany ...... Dollar ...... 160.00 ...... 160.00 Maren R. Leed: Germany ...... Dollar ...... 58.75 ...... 58.75 Senator Daniel K. Akaka: Germany ...... Dollar ...... 58.75 ...... 58.75 Judith A. Ansley: Jordan ...... Dollar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Dollar ...... 523.52 ...... 523.52 France ...... Dollar ...... 916.00 ...... 916.00 Charles W. Alsup: Jordan ...... Dollar ...... 476.00 ...... 476.00 Kuwait ...... Dollar ...... 804.00 ...... 804.00 Pakistan ...... Dollar ...... 523.52 ...... 523.52 France ...... Dollar ...... 916.00 ...... 916.00 Malaysia ...... Ringgit ...... 166.00 ...... 15.00 ...... 181.00 Philippines ...... Peso ...... 353.50 ...... 65.00 ...... 418.50 Korea ...... Won ...... 895.,25 ...... 25.00 ...... 920.25 Japan ...... Yen ...... 524.15 ...... 105.00 ...... 629.15 United States ...... 10,109.01 ...... 10,109.01 Total ...... 36,971.66 ...... 60,166.10 ...... 2,755.38 ...... 99,893.14 JOHN WARNER, Chairman, Committee on Armed Services, Apr. 21, 2004.

AMENDED 2ND QUARTER—CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR, TRAVEL FROM APR. 1 TO JUNE 30, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator James M. Inhofe: Ghana ...... Dollar ...... 100.00 ...... 100.00 Italy ...... Euro ...... 90.27 ...... 90.27 Czech Republic ...... Dollar ...... 563.07 ...... 563.07 United Kingdom ...... Pound ...... 229.60 ...... 229.60 Mark Powers: Ghana ...... Dollar ...... 172.00 ...... 172.00 Italy ...... Euro ...... 74.00 ...... 74.00 United States ...... Dollar ...... 5,172.46 ...... 5,172.46 Total ...... 1,228.94 ...... 5,172.46 ...... 6,401.40 JOHN WARNER, Chairman, Committee on Armed Services, Apr. 16, 2004.

AMENDED 3RD QUARTER—CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Judith A Ansley: Qatar ...... Dollar ...... 188.00 ...... 188.00 Kuwait ...... Dollar ...... 673.00 ...... 673.00 Richard D. DeBobes: Qatar ...... Dollar ...... 196.00 ...... 196.00 Kuwait ...... Dollar ...... 647.00 ...... 647.00 Charles A. Alsup: Kuwait ...... Dollar ...... 638.95 ...... 638.95 Brenda Strickland: United States ...... Dollar ...... 4,890.94 ...... 4,890.94 Belgium ...... Euro ...... 203.39 ...... 203.39 Czech Republic ...... Crown ...... 377.70 ...... 377.70 Germany ...... Euro ...... 832.96 ...... 832.96 Denmark ...... Krone ...... 685.95 ...... 685.95 Total ...... 4,442.95 ...... 4,890.94 ...... 9,333.89 JOHN WARNER, Chairman, Committee on Armed Services, Jan. 22, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jack Reed: Pakistan ...... Rupee ...... 149.52 ...... 149.52 Kuwait ...... Dinar ...... 564.22 ...... 564.22 Elizabeth King: Pakistan ...... Rupee ...... 149.52 ...... 149.52

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Kuwait ...... Dinar ...... 564.22 ...... 564.22 Senator Hillary Rodham Clinton: Pakistan ...... Rupee ...... 149.52 ...... 149.52 Kuwait ...... Dinar ...... 572.39 ...... 572.39 Andrew Shapiro: Pakistan ...... Rupee ...... 149.52 ...... 149.52 Kuwait ...... Dinar ...... 572.55 ...... 572.55 Huma Abedin: Pakistan ...... Rupee ...... 149.52 ...... 149.52 Kuwait ...... Dinar ...... 565.86 ...... 565.86 Senator Bill Nelson: Chile ...... Peso ...... 253.28 ...... 70.72 ...... 324.00 Brazil ...... Real ...... 325.94 ...... 62.06 ...... 388.00 Argentina ...... Peso ...... 604.00 ...... 85.00 ...... 689.00 Bolivia ...... Boliviano ...... 191.00 ...... 17.00 ...... 208.00 Peru ...... Nuevos Sol ...... 289.00 ...... 8.00 ...... 297.00 United States ...... Dollar ...... 3,335.40 ...... 3,335.40 Pete Contostavlos: Chile ...... Peso ...... 291.00 ...... 33.00 ...... 324.00 Brazil ...... Real ...... 342.95 ...... 25.05 ...... 368.00 Argentina ...... Peso ...... 596.64 ...... 78.36 ...... 675.00 Bolivia ...... Boliviano ...... 171.92 ...... 21.08 ...... 193.00 Peru ...... Nuevos Sol ...... 292.68 ...... 4.32 ...... 297.00 United States ...... Dollar ...... 5,871.60 ...... 5,871.60 Peter J. Mitchell: Chile ...... Peso ...... 286.11 ...... 37.89 ...... 324.00 Brazil ...... Real ...... 311.20 ...... 57.80 ...... 369.00 Argentina ...... Peso ...... 565.19 ...... 103.81 ...... 669.00 Bolivia ...... Boliviano ...... 198.00 ...... 110.00 ...... 208.00 Peru ...... Nuevos Sol ...... 278.70 ...... 18.30 ...... 297.00 United States ...... Dollar ...... 3,335.40 ...... 3,335.40 Senator John McCain: Azerbaijan ...... Dollar ...... 200.00 ...... 200.00 Georgia ...... Dollar ...... 327.00 ...... 327.00 United States ...... Dollar ...... 7,235.39 ...... 7,235.39 Daniel C. Twining: Azerbaijan ...... Dollar ...... 322.00 ...... 322.00 Georgia ...... Dollar ...... 540.00 ...... 540.00 United States ...... Dollar ...... 6,381.39 ...... 6,381.39 Senator Jack Reed: Tunisia ...... Dinar ...... 127.00 ...... 127.00 Morocco ...... Dirham ...... 549.52 ...... 549.52 United States ...... Dollar ...... 6,656.26 ...... 6,656.26 Elizabeth King: Tunisia ...... Dinar ...... 127.00 ...... 127.00 Morocco ...... Dirham ...... 556.00 ...... 556.00 United States ...... Dollar ...... 6,673.26 ...... 6,673.26 Total ...... 11,332.97 ...... 39,488.70 ...... 632.39 ...... 51,454.06 JOHN WARNER, Chairman, Committee on Armed Services, Feb. 10, 2004.

CONSOLIDATED REPORT OF EXPENDITURE FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Shelby: Switzerland ...... Franc ...... 386.00 ...... 386.00 Germany ...... Euro ...... 389.00 ...... 389.00 Senator Zell Miller: Iraq ...... Dinar ...... 95.00 ...... 95.00 Kuwait ...... Dinar ...... 959.00 ...... 959.00 Spain ...... Peseta ...... 478.00 ...... 478.00 Laura Friedel: Iraq ...... Dinar ...... 89.48 ...... 89.48 Kuwait ...... Dinar ...... 939.23 ...... 939.23 Spain ...... Peseta ...... 397.78 ...... 397.78 Total ...... 3,733.49 ...... 3,733.49 RICHARD SHELBY, Chairman, Committee on Banking, Housing, and Urban Affairs, Mar. 23, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BUDGET FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Don Nickles: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Senator Conrad Burns: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Senator Judd Gregg: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Hazen Marshall: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5014 CONGRESSIONAL RECORD — SENATE May 6, 2004 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BUDGET FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

New Zealand ...... Dollar ...... 971.00 ...... 971.00 Stacy Hughes: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Gayle Osterberg: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Yvonne Bartolli: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Julie Clark: Australia ...... Dollar ...... 1,360.00 ...... 1,360.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Delegation Expenses:* Australia ...... Dollar ...... 21,586.55 ...... 21,586.55 New Zealand ...... Dollar ...... 18,438.54 ...... 18,438.54 Senator Jim Bunning: Ireland ...... Euro ...... 185.56 ...... 185.56 Kuwait ...... Dinar ...... 1,206.00 ...... 1,206.00 Spain ...... Euro ...... 373.00 ...... 373.00 Blake Brickman: Ireland ...... Euro ...... 185.56 ...... 185.56 Kuwait ...... Dinar ...... 758.12 ...... 758.12 Spain ...... Euro ...... 343.00 ...... 30.00 ...... 373.00 David Young: Ireland ...... Euro ...... 185.56 ...... 185.56 Kuwait ...... Dinar ...... 758.12 ...... 758.12 Spain ...... Euro ...... 333.77 ...... 20.00 ...... 353.77 Total ...... 22,976.69 ...... 50.00 ...... 40.025.09 ...... 63,051.78 *Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. DON NICKLES, Chairman, Committee on Budget, Mar. 30, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE AND TRANSPORTATION FOR TRAVEL FROM JAN. 1, TO MAR. 31 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Maria Cantwell: Switzerland ...... Franc ...... 284.73 ...... 284.73 Germany ...... Euro ...... 389.00 ...... 389.00 John Easton: Switzerland ...... Franc ...... 740.00 ...... 740.00 Germany ...... Euro ...... 389.00 ...... 389.00 Travis Sullivan: Switzerland ...... Franc ...... 740.00 ...... 740.00 Germany ...... Euro ...... 389.00 ...... 389.00 David Wonnenberg: United States ...... Dollar ...... 3,890.24 ...... 3,890.24 Morocco ...... Dirham ...... 433.00 ...... 433.00 Egypt ...... Pound ...... 374.00 ...... 374.00 Yemen ...... Rial ...... 135.00 ...... 135.00 Bahrain ...... Dinar ...... 353.00 ...... 353.00 Total ...... 4,226.73 ...... 3,890.24 ...... 8,116.97 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, Mar. 25, 2004.

AMENDED 4TH QUARTER REPORT (2003)—CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Virginia Worrest: United States ...... Dollar ...... 1,470.66 ...... 1,470.66 Italy ...... Euro ...... 1,253.00 ...... 1,253.00 Total ...... 1,253.00 ...... 1,470.66 ...... 2,723.66 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, Mar. 26, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jeff Bingaman: Israel ...... Dollar ...... 250.00 ...... 250.00 Jordan ...... Dollar ...... 124.00 ...... 124.00

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5015 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Kuwait ...... Dollar ...... 310.94 ...... 310.94 Belgium ...... Dollar ...... 248.86 ...... 248.86 Kellie A Donnelly: Marshall Islands ...... Dollar ...... 485.98 ...... 485.98 United States ...... Dollar ...... 2,634.07 ...... 2,634.07 Allen Stayman: Marshall Islands ...... Dollar ...... 467.47 ...... 467.47 United States ...... Dollar ...... 4,457.36 ...... 4,457.36 Jennifer Michael: Russia ...... Ruble ...... 1,424.60 ...... 1,424.60 United States ...... Dollar ...... 4,621.70 ...... 4,621.70 Total ...... 3,311.85 ...... 11,713.13 ...... 15,024.98 PETE DOMENICI, Chairman, Committee on Energy and Natural Resources, Apr. 1, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Aloysius Hogan: United States ...... Dollar ...... 3,548.01 ...... 3,548.01 Italy ...... Lire ...... 3,073.00 ...... 3,073.00 Michael Catanzaro: United States ...... Dollar ...... 5,664.94 ...... 5,664.94 Italy ...... Lire ...... 3,073.00 ...... 3,073.00 Christopher Miller: United States ...... Dollar ...... 5,231.30 ...... 5,231.30 Italy ...... Lire ...... 2,634.00 ...... 2,634.00 Alison Taylor: United States ...... Dollar ...... 5,231.30 ...... 5,231.30 Italy ...... Lire ...... 2,634.00 ...... 2,634.00 Andrew Wheeler: United States ...... Dollar ...... 5,664.94 ...... 5,664.94 Italy ...... Lire ...... 3,073.00 ...... 3,073.00 Celia Wallace: United States ...... Dollar ...... 5,590.95 ...... 5,590.95 Italy ...... Lire ...... 3,073.00 ...... 3,073.00 Shannon Heyck-Williams: United States ...... Dollar ...... 5,231.30 ...... 5,231.30 Italy ...... Lire ...... 2,634.00 ...... 2,634.00 Robert Kincaid: United States ...... Dollar ...... 975.34 ...... 975.34 Mexico ...... Peso ...... 1,218.21 ...... 1,218.21 Edward Michaels:* Italy ...... Lire ...... 1,820.00 ...... 1,820.00 Total ...... 21,412.21 ...... 37,138.08 ...... 1,820.00 ...... 60,370.29 * Edward Michaels did not go to Milan, Italy as was planned, however, his hotel charges still had to be reported as this expense was not reimbursable. JAMES INHOFE, Chairman, Committee on Environment and Public Works, Apr. 21, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Christopher Miller: United States ...... Dollar ...... 893.43 ...... 893.43 Canada ...... Dollar ...... 338.00 ...... 338.00 William Boyd: United States ...... Dollar ...... 893.43 ...... 893.43 Canada ...... Dollar ...... 338.00 ...... 338.00 Genevieve Erny: United States ...... Dollar ...... 5,979.34 ...... 5,979.34 Malaysia ...... Ringgit ...... 894.92 ...... 894.92 Jo-Ellen Darcy: United States ...... Dollar ...... 5,979.34 ...... 5,979.34 Malaysia ...... Ringgit ...... 894.92 ...... 894.92 Total ...... 2,465.84 ...... 13,745.54 ...... 16,211.38 JAMES M. INHOFE, Chairman, Committee on Environment and Public Works, Apr. 21, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Gordon Smith: Australia ...... Dollar ...... 626.00 ...... 626.00

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5016 CONGRESSIONAL RECORD — SENATE May 6, 2004 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2004—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

New Zealand ...... Dollar ...... 971.00 ...... 971.00 Senator Jon Kyl: Australia ...... Dollar ...... 626.00 ...... 626.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Sue Keenom: Australia ...... Dollar ...... 626.00 ...... 626.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Senator Gordon Smith: Switzerland ...... Dollar ...... 386.00 ...... 386.00 Germany ...... Dollar ...... 389.00 ...... 389.00 Rob Epplin: Switzerland ...... Dollar ...... 672.00 ...... 672.00 Germany ...... Dollar ...... 389.00 ...... 389.00 Brian Pomper: Morocco ...... Dirham ...... 318.09 ...... 318.09 Egypt ...... Pounds ...... 292.09 ...... 292.09 Yemen ...... Rial ...... 155.00 ...... 155.00 Bahrain ...... Dinar ...... 393.00 ...... 393.00 United States ...... Dollar ...... 3,374.58 ...... 3,374.58 Ellen Doneski: Morocco ...... Dirham ...... 336.30 ...... 336.30 Egypt ...... Pounds ...... 310.29 ...... 310.29 Yemen ...... Rial ...... 131.29 ...... 131.29 Bahrain ...... Dinar ...... 169.29 ...... 169.29 United States ...... Dollar ...... 3,374.58 ...... 3,374.58 Bryn Stewart: Morocco ...... Dirham ...... 324.77 ...... 324.77 Egypt ...... Pounds ...... 298.77 ...... 298.77 Yemen ...... Rial ...... 119.77 ...... 119.77 Bahrain ...... Dinar ...... 157.77 ...... 157.77 United States ...... Dollar ...... 3,374.58 ...... 3,374.58 Carrie Clark: Morocco ...... Dirham ...... 382.50 ...... 382.50 Egypt ...... Pounds ...... 356.50 ...... 356.50 Yemen ...... Rial ...... 77.50 ...... 77.50 Bahrain ...... Dinar ...... 295.30 ...... 295.30 United States ...... Dollar ...... 3,374.58 ...... 3,374.58 Robert Holifield: Morocco ...... Dirham ...... 410.00 ...... 410.00 Egypt ...... Pounds ...... 384.00 ...... 384.00 Yemen ...... Rial ...... 105.00 ...... 105.00 Bahrain ...... Dinar ...... 343.00 ...... 343.00 United States ...... Dollar ...... 3,374.58 ...... 3,374.58 David Johanson: Morocco ...... Dirham ...... 307.70 ...... 307.70 Egypt ...... Pounds ...... 281.70 ...... 281.70 Yemen ...... Rial ...... 102.70 ...... 102.70 Bahrain ...... Dinar ...... 140.70 ...... 140.70 United States ...... Dollar ...... 3,474.58 ...... 3,474.58 Brian Pomper: Morocco ...... Dirham ...... 318.09 ...... 318.09 Egypt ...... Pounds ...... 292.09 ...... 292.09 Yemen ...... Rial ...... 113.09 ...... 113.09 Bahrain ...... Dinar ...... 151.09 ...... 151.09 United States ...... Dollar ...... 3,474.58 ...... 3,474.58 John Gilliland: Japan ...... Yen ...... 286.00 ...... 286.00 Thailand ...... Baht ...... 385.00 ...... 385.00 United States ...... Dollar ...... 7,868.58 ...... 7,868.58 Senator Max Baucus: Japan ...... Yen ...... 304.00 ...... 304.00 Thailand ...... Baht ...... 385.00 ...... 385.00 United States ...... Dollar ...... 7,868.85 ...... 7,868.85 Jim Foley: Japan ...... Yen ...... 258.75 ...... 258.75 United States ...... Dollar ...... 3,416.70 ...... 3,416.70 Tim Punke: Japan ...... Yen ...... 315.00 ...... 315.00 Thailand ...... Baht ...... 396.00 ...... 396.00 United States ...... Dollar ...... 7,868.85 ...... 7,868.85 Brian Pomper: Thailand ...... Baht ...... 212.00 ...... 212.00 United States ...... Dollar ...... 4,424.70 ...... 4,424.70 Total ...... 16,236.14 ...... 55,269.74 ...... 71,505.88 CHUCK GRASSLEY, Chairman, Committee on Finance, Apr. 21, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph Biden: Switzerland ...... Franc ...... 386.00 ...... 386.00 United States ...... Dollar ...... 4,231.00 ...... 4,231.00 Senator Sam Brownback: Vietnam ...... Dong ...... 80.00 ...... 80.00 Hong Kong ...... Dollar ...... 426.95 ...... 426.95 United States ...... Dollar ...... 5,941.83 ...... 5,941.83 Senator Chuck Hagel: Belgium ...... Euro ...... 324.00 ...... 324.00 United States ...... Dollar ...... 7,466.88 ...... 7,466.88 Senator Chuck Hagel: Germany ...... Euro ...... 808.00 ...... 808.00 Senator Richard Lugar: Germany ...... Euro ...... 1,850.00 ...... 1,850.00 United States ...... Dollar ...... 5,378.15 ...... 5,378.15

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5017 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jonah Blank: Pakistan ...... Rupee ...... 2,789.00 ...... 2,789.00 India ...... Rupee ...... 2,232.00 ...... 293.00 ...... 2,525.00 Nepal ...... Rupee ...... 427.00 ...... 427.00 United States ...... Dollar ...... 4,229.63 ...... 4,229.63 Heather Flynn: Uganda ...... Shilling ...... 2,012.12 ...... 2,012.12 United States ...... Dollar ...... 7,867.00 ...... 7,867.00 Michelle Gavin: Dem. Repub. of Congo ...... Franc ...... 597.00 ...... 150.00 ...... 747.00 Rwanda ...... Franc ...... 30.00 ...... 30.00 Kenya ...... Shilling ...... 190.00 ...... 190.00 Uganda ...... Shilling ...... 929.00 ...... 929.00 United States ...... Dollar ...... 8,353.00 ...... 8,353.00 Michael Haltzel: Latvia ...... Lat ...... 261.00 ...... 261.00 Denmark ...... Krone ...... 304.00 ...... 304.00 United States ...... Dollar ...... 4,980.71 ...... 4,980.71 Michael Haltzel: Russia ...... Ruble ...... 1,100.00 ...... 1,100.00 United States ...... Dollar ...... 6,420.56 ...... 6,420.56 Frank Jannuzi: China ...... Yuan ...... 676.00 ...... 676.00 North Korea ...... Won ...... 2,795.00 ...... 310.00 ...... 3,105.00 South Korea ...... Won ...... 740.00 ...... 740.00 Japan ...... Yen ...... 864.00 ...... 864.00 United States ...... Dollar ...... 7,134.17 ...... 7,134.17 Jofi Joseph: United Kingdom ...... Pound ...... 457.00 ...... 457.00 France ...... Euro ...... 715.00 ...... 715.00 Austria ...... Euro ...... 815.00 ...... 815.00 United States ...... Dollar ...... 6,117.93 ...... 6,117.93 Chris Ann Keehner: Mexico ...... Peso ...... 563.45 ...... 563.45 Brazil ...... Real ...... 589.32 ...... 589.32 Jamaica ...... Dollar ...... 443.88 ...... 37.31 ...... 481.19 United States ...... Dollar ...... 4,319.30 ...... 4,319.30 Edward Levine: United Kingdom ...... Pound ...... 421.00 ...... 421.00 France ...... Euro ...... 698.00 ...... 698.00 Austria ...... Euro ...... 663.00 ...... 663.00 United States ...... Dollar ...... 6,136.50 ...... 6,136.50 Keith Luse: China ...... Yuan ...... 746.49 ...... 310.00 ...... 1,056.49 North Korea ...... Won ...... 1,621.41 ...... 1,621.41 South Korea ...... Won ...... 679.42 ...... 679.42 Japan ...... Yen ...... 517.37 ...... 517.37 United States ...... Dollar ...... 5,692.17 ...... 5,692.17 Thomas Moore: United Kingdom ...... Pound ...... 457.00 ...... 457.00 France ...... Euro ...... 816.00 ...... 816.00 Austria ...... Euro ...... 969.00 ...... 969.00 United States ...... Dollar ...... 6,240.50 ...... 6,240.50 Kenneth Myers Jr.: Germany ...... Euro ...... 1,850.00 ...... 1,850.00 United States ...... Dollar ...... 5,378.15 ...... 5,378.15 Kenneth Myers III: Germany ...... Euro ...... 1,900.00 ...... 1,900.00 United States ...... Dollar ...... 5,378.15 ...... 5,378.15 Kenneth Myers III: Austria ...... Euro ...... 969.00 ...... 969.00 United States ...... Dollar ...... 5,573.84 ...... 5,573.84 Nilmini Rubin: Peru ...... Nuevo Sol ...... 1,102.00 ...... 477.19 ...... 1,579.19 Paraguay ...... Guarini ...... 872.00 ...... 872.00 United States ...... Dollar ...... 3,040.50 ...... 3,040.50 Kim Savit: Qatar ...... Rial ...... 750.00 ...... 750.00 United States ...... Dollar ...... 6,913.32 ...... 6,913.32 Jennifer Simon: Peru ...... Nuevo Sol ...... 988.00 ...... 988.00 United States ...... Dollar ...... 5,404.50 ...... 5,404.50 Puneet Talwar: Switzerland ...... Franc ...... 1,132.00 ...... 3,820.32 ...... 4,952.32 Sean Woo: Japan ...... Yen ...... 317.00 ...... 317.00 Vietnam ...... Dong ...... 91.20 ...... 91.20 Hong Kong ...... Dollar ...... 987.00 ...... 987.00 South Korea ...... Won ...... 549.00 ...... 549.00 United States ...... Dollar ...... 7,169.56 ...... 7,169.56 Randall Zeller: Belgium ...... Euro ...... 324.00 ...... 324.00 United States ...... Dollar ...... 6,584.88 ...... 6,584.88 Total ...... 40,035.61 ...... 144,101.74 ...... 37.31 ...... 184,174.66 DICK LUGAR, Chairman, Committee on Foreign Relations, Apr. 15, 2004.

AMENDED 4TH QUARTER—CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph Biden: United Kingdom ...... Pound ...... 1,129.45 ...... 1,129.45 Jessica Fugate: Slovenia ...... Tolar ...... 148.99 ...... 148.99

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5018 CONGRESSIONAL RECORD — SENATE May 6, 2004 AMENDED 4TH QUARTER—CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2003—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 1,278.44 ...... 1,278.44 DICK LUGAR, Chairman, Committee on Foreign Relations, Apr. 15, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Frank Lautenberg: Israel ...... Shekel ...... 209.00 ...... 2.68 ...... 211.68 Jordan ...... Dinar ...... 124.00 ...... 124.00 Kuwait ...... Dinar ...... 314.39 ...... 314.39 Belgium ...... Euro ...... 221.86 ...... 524.31 ...... 27.00 ...... 773.17 Total ...... 869.25 ...... 524.31 ...... 29.68 ...... 1,423.24 SUSAN COLLINS, Chairman, Committee on Governmental Affairs, Apr. 16, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON JUDICIARY FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jon Kyl: Israel ...... Dollar ...... 756.00 ...... 759.00 ...... 1,515.00 Morocco ...... Dollar ...... 102.50 ...... 102.50 Christine Clark: Israel ...... Dollar ...... 760.00 ...... 760.00 Morocco ...... Dollar ...... 102.50 ...... 102.50 Senator Jon Kyl: Germany ...... Dollar ...... 665.00 ...... 665.00 Senator Lindsey Graham: Australia ...... Dollar ...... 1,360.00 ...... 6,235.01 ...... 7,595.01 Total ...... 3,746.00 ...... 6,235.01 ...... 759.00 ...... 10,740.01 ORRIN HATCH, Chairman, Committee on Judiciary, Apr. 19, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Christopher Bond: United States ...... Dollar ...... 5,569.07 ...... 5,569.07 Thailand ...... Baht ...... 414.00 ...... 414.00 Singapore ...... Dollar ...... 462.00 ...... 462.00 Jack Bartling: United States ...... Dollar ...... 4,813.84 ...... 4,813.84 Thailand ...... Baht ...... 414.00 ...... 414.00 Singapore ...... Dollar ...... 462.00 ...... 462.00 Total ...... 1,752.00 ...... 10,382.91 ...... 12,134.91 OLYMPIA SNOWE, Chairman, Committee on Small Business and Entrepreneurship, Apr. 21, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Pat Roberts ...... 2,357.00 ...... 2,357.00 Dollar ...... 3,149.00 ...... 3,149.00 Senator Mike DeWine ...... 2,470.00 ...... 2,470.00 William Duhnke ...... 1,372.00 ...... 1,372.00 Senator Saxby Chambliss ...... 2,331.00 ...... 2,331.00 James Barnett ...... 1,300.00 ...... 1,300.00 Dollar ...... 4,194.21 ...... 4,194.21 Lindsey Fair ...... 2,592.00 ...... 2,592.00 Dollar ...... 5,499.13 ...... 5,499.13 Brandon Milhorn ...... 2,089.00 ...... 2,089.00 Dollar ...... 5,145.93 ...... 5,145.93

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5019 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Matthew Pollard ...... 2,089.00 ...... 2,089.00 Dollar ...... 5,145.93 ...... 5,145.93 Total ...... 16,600.00 ...... 23,134.20 ...... 39,734.20 PAT ROBERTS, Chairman, Committee on Intelligence, Apr. 5, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), CODEL FRIST FOR TRAVEL FROM JAN. 4 TO JAN. 8, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Frist: Colombia ...... Peso ...... 496.00 ...... 496.00 Mexico ...... Peso ...... 830.00 ...... 830.00 William H. Pickle: Colombia ...... Peso ...... 496.00 ...... 496.00 Mexico ...... Peso ...... 830.00 ...... 830.00 Steve Biegun: Colombia ...... Peso ...... 496.00 ...... 496.00 Mexico ...... Peso ...... 830.00 ...... 830.00 Rohit Kumar: Colombia ...... Peso ...... 496.00 ...... 496.00 Mexico ...... Peso ...... 830.00 ...... 830.00 Bob Stevenson: Colombia ...... Peso ...... 496.00 ...... 496.00 Mexico ...... Peso ...... 830.00 ...... 830.00 Sally Walsh: Colombia ...... Peso ...... 496.00 ...... 496.00 Mexico ...... Peso ...... 830.00 ...... 830.00 Delegation Expenses:* Colombia ...... Peso ...... 10,283.00 ...... 10,283.00 Mexico ...... Peso ...... 6,500.05 ...... 6,500.05 Total ...... 7,956.00 ...... 16,783.05 ...... 24,739.05 * Delegation expenses include payments and reimbursement to the Department of State, and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. BILL FRIST, Majority Leader, Mar. 19, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), CODEL McCONNELL FOR TRAVEL FROM OCT. 3 TO OCT. 11, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mitch McConnell: Jordan ...... Dollar ...... 99.75 ...... 99.75 Kuwait ...... Dollar ...... 639.75 ...... 639.75 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 280.50 ...... 280.50 Senator Larry Craig: Jordan ...... Dollar ...... 238.00 ...... 238.00 Kuwait ...... Dollar ...... 778.00 ...... 778.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 557.00 ...... 557.00 Senator Conrad Burns: Jordan ...... Dollar ...... 238.00 ...... 238.00 Kuwait ...... Dollar ...... 778.00 ...... 778.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 557.00 ...... 557.00 Senator Craig Thomas: Jordan ...... Dollar ...... 238.00 ...... 238.00 Kuwait ...... Dollar ...... 778.00 ...... 778.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 557.00 ...... 557.00 Senator Lincoln Chafee: Jordan ...... Dollar ...... 138.00 ...... 138.00 Kuwait ...... Dollar ...... 578.00 ...... 578.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 257.00 ...... 257.00 Paul Grove: Jordan ...... Dollar ...... 188.00 ...... 188.00 Kuwait ...... Dollar ...... 728.00 ...... 728.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 457.00 ...... 457.00 Robert Karem: Jordan ...... Dollar ...... 188.00 ...... 188.00 Kuwait ...... Dollar ...... 728.00 ...... 728.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 457.00 ...... 457.00 John Eisold: Jordan ...... Dollar ...... 238.00 ...... 238.00 Kuwait ...... Dollar ...... 778.00 ...... 778.00 Pakistan ...... Dollar ...... 226.00 ...... 226.00 Turkey ...... Dollar ...... 557.00 ...... 557.00 Delegation Expenses...... 12,196.20 ...... 12,196.20 Total ...... 12,839.00 ...... 12,196.20 ...... 25,035.20 BILL FRIST, Majority Leader, Feb. 10, 2004.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 8634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5020 CONGRESSIONAL RECORD — SENATE May 6, 2004 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SENATOR BILL FRIST, MAJORITY LEADER, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Julia Hart: Australia ...... Dollar ...... 1,242.00 ...... 1,242.00 New Zealand ...... Dollar ...... 971.00 ...... 971.00 Steve Biegun: Germany ...... Euro ...... 808.00 ...... 808.00 Total ...... 3,021.00 ...... 3,021.00 BILL FRIST, h Majority Leader, Apr. 26, 2004. EXECUTIVE SESSION of Minister-Counselor, to be Ambassador Ex- ADDITIONAL PROTOCOL TO IN- traordinary and Plenipotentiary of the VESTMENT TREATY WITH ROMA- United States of America to the Republic of NIA EXECUTIVE CALENDAR Kazakhstan. Thomas Neil Hull III, of New Hampshire, a Mr. FRIST. Mr. President, I ask Career Member of the Senior Foreign Serv- ADDITIONAL PROTOCOL AMEND- unanimous consent that the Senate im- ice, Class of Minister-Counselor, to be Am- mediately proceed to executive session bassador Extraordinary and Plenipotentiary ING INVESTMENT TREATY WITH to consider the following nominations of the United States of America to the Re- BULGARIA on today’s Executive Calendar: Cal- public of Sierra Leone. Roger A. Meece, of Washington, a Career endar Nos. 659, 660, 661, 662, 664, 665, 667, Member of the Senior Foreign Service, Class INVESTMENT PROTOCOL WITH 669, 672, 673, 674, 677, 678, 679, 680, 681, of Minister-Counselor, to be Ambassador Ex- ESTONIA 682, 683, and 686. traordinary and Plenipotentiary of the I further ask unanimous consent that United States of America to the Democratic the nominations be confirmed en bloc, Republic of the Congo. ADDITIONAL INVESTMENT PRO- the motion to reconsider be laid upon Lauren Moriarty, of Hawaii, a Career Mem- TOCOL WITH THE CZECH REPUB- the table, and the President be imme- ber of the Senior Foreign Service, Class of Minister-Counselor, for the rank of Ambas- LIC diately notified of the Senate’s action. sador during her tenure of service as United The PRESIDING OFFICER. Without States Senior Official to the Asia-Pacific objection, it is so ordered. Economic Cooperation Forum. ADDITIONAL INVESTMENT PRO- The nominations considered and con- Michele J. Sison, of Maryland, a Career TOCOL WITH THE SLOVAK RE- firmed en bloc are as follows: Member of the Senior Foreign Service, Class PUBLIC DEPARTMENT OF STATE of Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the Scott H. DeLisi, of Minnesota, a Career United States of America to the United Arab ADDITIONAL INVESTMENT Member of the Senior Foreign Service, Class Emirates. PROTOCOL WITH LATVIA of Counselor, to be Ambassador Extraor- Thomas Charles Krajeski, of Virginia, a dinary and Plenipotentiary of the United Career Member of the Senior Foreign Serv- States of America to the State of Eritrea. ice, Class of Counselor, to be Ambassador Ex- ADDITIONAL INVESTMENT Aubrey Hooks, of Virginia, a Career Mem- traordinary and Plenipotentiary of the ber of the Senior Foreign Service, Class of United States of America to the Republic of PROTOCOL WITH LITHUANIA Minister-Counselor, to be Ambassador Ex- Yemen. traordinary and Plenipotentiary of the Christopher R. Hill, of Rhode Island, a Ca- United States of America to the Republic of reer Member of the Senior Foreign Service, ADDITIONAL PROTOCOL CON- Cote d’Ivoire. Class of Minister-Counselor, to be Ambas- CERNING BUSINESS AND ECO- Craig A. Kelly, of California, a Career sador Extraordinary and Plenipotentiary of NOMIC RELATIONS WITH POLAND Member of the Senior Foreign Service, Class the United States of America to the Republic Mr. FRIST. I ask unanimous consent of Minister Counselor, to be Ambassador Ex- of Korea. traordinary and Plenipotentiary of the Michael W. Marine, of Vermont, a Career that the Senate proceed to consider the United States of America to the Republic of Member of the Senior Foreign Service, Class following treaties on today’s Executive Chile. of Minister-Counselor, to be Ambassador Ex- Calendar: Nos. 17, 18, 19, 20, 21, 22, 23, Thomas Bolling Robertson, of Virginia, a traordinary and Plenipotentiary of the and 24. Career Member of the Senior Foreign Serv- United States of America to the Socialist I further ask unanimous consent that ice, Class of Counselor, to be Ambassador Ex- Republic of Vietnam. the treaties be treated as having passed traordinary and Plenipotentiary of the Jeffrey D. Feltman, of Ohio, a Career Mem- through their various parliamentary United States of America to the Republic of ber of the Senior Foreign Service, Class of Slovenia. Counselor, to be Ambassador Extraordinary stages, up to and including the presen- Marc McGowan Wall, of Virginia, a Career and Plenipotentiary of the United States of tation of the resolutions of ratifica- Member of the Senior Foreign Service, Class America to the Republic of Lebanon. tion; further, that any committee pro- of Minister-Counselor, to be Ambassador Ex- Patricia M. Haslach, of Oregon, a Career visos, declarations, and understandings traordinary and Plenipotentiary of the Member of the Senior Foreign Service, Class be agreed to, that any statements be United States of America to the Republic of of Counselor, to be Ambassador Extraor- printed in the RECORD, and that the Chad. dinary and Plenipotentiary of the United Senate take one vote on the resolu- John Campbell, of Virginia, a Career Mem- States of America to the Lao People’s Demo- tions of ratification to be considered as ber of the Senior Foreign Service, Class of cratic Republic. Minister-Counselor, to be Ambassador Ex- Richard LeBaron, of Virginia, a Career separate votes; further, that when the traordinary and Plenipotentiary of the Member of the Senior Foreign Service, Class resolutions of ratification are voted on, United States of America to the Federal Re- of Minister-Counselor, to be Ambassador Ex- the motion to reconsider be laid upon public of Nigeria. traordinary and Plenipotentiary of the the table, the President be notified of Michael Christian Polt, of Tennessee, a Ca- United States of America to the State of Ku- the Senate’s action, and following the reer Member of the Senior Foreign Service, wait. disposition of the treaties, the Senate Class of Minister-Counselor, to be Ambas- David Michael Satterfield, of Virginia, a return to legislative session. sador Extraordinary and Plenipotentiary of Career Member of the Senior Foreign Serv- the United States of America to Serbia and ice, Class of Minister-Counselor, to be Am- The PRESIDING OFFICER. Without Montenegro. bassador Extraordinary and Plenipotentiary objection, it is so ordered. John M. Ordway, of California, a Career of the United States of America to the Mr. FRIST. I ask for a division vote Member of the Senior Foreign Service, Class Hashemite Kingdom of Jordan. on the resolutions of ratification.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5021 The PRESIDING OFFICER. A divi- ernment of the Republic of Latvia to the There being no objection, the Senate sion is requested. Senators in favor of Treaty for the Encouragement and Recip- proceeded to consider the bill, which the resolutions of ratification will rise rocal Protection of Investment of January had been reported from the Committee and stand until counted. 13, 1995, signed at Brussels on September 22, on Foreign Relations, with an amend- 2003 (T. Doc. 108–20). All those opposed to ratification, ment to strike all after the enacting please rise and stand until counted. [Treaty Doc. 108–21 Additional Investment clause and insert in lieu thereof the Protocol With Lithuania (Exec. Rept. No. following: On a division, two-thirds of the Sen- 108–13)] ators present and having voted in the (Strike the part shown in black brackets Resolved (two-thirds of the Senators present affirmative, the resolutions of ratifica- and insert the part shown in italic.) concurring therein), That the Senate advises S. 2092 tion are agreed to. and consents to the ratification of the Addi- Be it enacted by the Senate and House of Rep- The resolutions of ratification agreed tional Protocol Between the Government of to are as follows: resentatives of the United States of America in the United States of America and the Gov- Congress assembled, ernment of the Republic of Lithuania to the [Treaty Doc. 108–13 Additional Protocol to øSECTION 1. CONCERNING THE PARTICIPATION Investment Treaty With Romania] Treaty for the Encouragement and Recip- OF TAIWAN IN THE WORLD HEALTH Resolved (two-thirds of the Senators present rocal Protection of Investment of January ORGANIZATION. concurring therein), That the Senate advises 14, 1998, signed at Brussels on September 22, ø(a) FINDINGS.—Congress makes the following and consents to the ratification of the Addi- 2003 (T. Doc. 108–21). findings: tional Protocol Between the Government of [Treaty Doc. 108–22 Additional Protocol ø(1) Good health is important to every cit- the United States of America and the Gov- Concerning Business and Economic Rela- izen of the world and access to the highest ernment of Romania Concerning the Recip- tions With Poland (Exec. Rept. No. 108–13) standards of health information and services rocal Encouragement and Protection of In- Resolved (two-thirds of the Senators present is necessary to improve the public health. ø vestment of May 28, 1992, signed at Brussels concurring therein), That the Senate advises (2) Direct and unobstructed participation on September 22, 2003 (T. Doc. 108–13). and consents to the ratification of the Addi- in international health cooperation forums and programs is beneficial for all parts of the [Treaty Doc. 108–15 Additional Protocol tional Protocol Between the United States of world, especially today with the great poten- America and the Republic of Poland to the Amending Investment Treaty With Bulgaria] tial for the cross-border spread of various in- Treaty Between the United States of Amer- Resolved (two-thirds of the Senators present fectious diseases such as the human im- ica and the Republic of Poland Concerning concurring therein), That the Senate advises munodeficiency virus (HIV), tuberculosis, Business and Economic Relations of March and consents to the ratification of the Addi- and malaria. 21, 1990, signed at Brussels on January 12, tional Protocol Between the United States of ø(3) Taiwan’s population of 23,500,000 people 2004 (T. Doc. 108–22). America and the Republic of Bulgaria is greater than that of 3⁄4 of the member Amending the Treaty Between the United f states already in the World Health Organiza- States of America and the Republic of Bul- tion (WHO). garia Concerning the Encouragement and LEGISLATIVE SESSION ø(4) Taiwan’s achievements in the field of Reciprocal Protection of Investment of Sep- The PRESIDING OFFICER. Under health are substantial, including— tember 23, 1992, signed at Brussels on Sep- the previous order, the Senate will re- ø(A) attaining— tember 22, 2003 (T. Doc. 108–15). ø sume legislative session. (i) 1 of the highest life expectancy levels [Treaty Doc. 108–17 Investment Protocol in Asia; and With Estonia (Exec. Rept. No. 108–13)] f ø(ii) maternal and infant mortality rates comparable to those of western countries; Resolved (two-thirds of the Senators present MEASURES READ THE FIRST ø(B) eradicating such infectious diseases as concurring therein), That the Senate advises TIME—H.R. 4227 AND H.R. 2771 cholera, smallpox, the plague, and polio; and and consents to the ratification of the Pro- ø(C) providing children with hepatitis B tocol Between the Government of the United Mr. FRIST. Mr. President, I under- vaccinations. States of America and the Government of stand that H.R. 4227 and H.R. 2771 are ø(5) The United States Centers for Disease the Republic of Estonia to the Treaty for the at the desk, and I ask for their first Control and Prevention and its counterpart Encouragement and Reciprocal Protection of reading en bloc. agencies in Taiwan have enjoyed close col- Investment of April 19, 1994, signed at Brus- The PRESIDING OFFICER. Without laboration on a wide range of public health sels on October 24, 2003 (T. Doc. 108–17). objection, the clerk will report the issues. [Treaty Doc. 108–18 Additional Investment bills by title. ø(6) In recent years Taiwan has expressed a Protocol With the Czech Republic (Exec. The legislative clerk read as follows: willingness to assist financially and tech- Rept. No. 108–13)] nically in international aid and health ac- Resolved (two-thirds of the Senators present A bill (H.R. 4227) to amend the Internal tivities supported by the WHO. concurring therein), That the Senate advises Revenue Code of 1986 to extend to 2005 the al- ø(7) On January 14, 2001, an earthquake, and consents to the ratification of the Addi- ternative minimum tax relief available in registering between 7.6 and 7.9 on the Richter tional Protocol Between the United States of 2003 and 2004 and to index such relief for in- scale, struck El Salvador. In response, the America and the Czech Republic to the Trea- flation. Taiwanese Government sent 2 rescue teams, ty Between the United States of America A bill (H.R. 2771) to amend the Safe Drink- consisting of 90 individuals specializing in and the Czech and Slovak Federal Republic ing Water Act to reauthorize the New York firefighting, medicine, and civil engineering. Concerning the Reciprocal Encouragement City Watershed Protection Program. The Taiwanese Ministry of Foreign Affairs and Protection of Investment of October 22, Mr. FRIST. Mr. President, I now ask also donated $200,000 in relief aid to the Sal- 1991, signed at Brussels on December 10, 2003 for a second reading en bloc and, in vadoran Government. (T. Doc. 108–18). order to place the bills on the calendar ø(8) The World Health Assembly has al- [Treaty Doc. 108–19 Additional Investment under the provisions of rule XIV, I ob- lowed observers to participate in the activi- Protocol With the Slovak Republic (Exec. ject to my own request. ties of the organization, including the Pal- Rept. No. 108–13)] estine Liberation Organization in 1974, the The PRESIDING OFFICER. Objec- Order of Malta, and the Holy See in the early Resolved (two-thirds of the Senators present tion is heard. 1950’s. concurring therein), That the Senate advises The bills will be read a second time ø(9) The United States, in the 1994 Taiwan and consents to the ratification of the Addi- on the next legislative day. Policy Review, declared its intention to sup- tional Protocol Between the United States of port Taiwan’s participation in appropriate America and the Slovak Republic to the f international organizations. Treaty Between the United States of Amer- ø(10) Public Law 106–137 required the Sec- ica and the Czech and Slovak Federal Repub- PARTICIPATION OF TAIWAN IN retary of State to submit a report to Con- lic Concerning the Reciprocal Encourage- THE WORLD HEALTH ORGANIZA- gress on efforts by the executive branch to ment and Protection of Investment of Octo- TION support Taiwan’s participation in inter- ber 22, 1991, signed at Brussels on September Mr. FRIST. Mr. President, I ask national organizations, in particular the 22, 2003 (T. Doc. 108–19). unanimous consent that the Senate WHO. [Treaty Doc. 108–20 Additional Investment now proceed to the immediate consid- ø(11) In light of all benefits that Taiwan’s Protocol With the Latvia (Exec. Rept. No. participation in the WHO can bring to the 108–13)] eration of calendar No. 492, S. 2092. The PRESIDING OFFICER. The state of health not only in Taiwan, but also Resolved (two-thirds of the Senators present regionally and globally, Taiwan and its concurring therein), That the Senate advises clerk will report the bill by title. 23,500,000 people should have appropriate and and consents to the ratification of the Addi- The legislative clerk read as follows: meaningful participation in the WHO. tional Protocol Between the Government of A bill (S. 2092) to address the participation ø(12) On May 11, 2001, President Bush stat- the United States of America and the Gov- of Taiwan in the World Health Organization. ed in a letter to Senator Murkowski that the

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5022 CONGRESSIONAL RECORD — SENATE May 6, 2004 United States ‘‘should find opportunities for (3) Taiwan’s population of 23,500,000 people is (17) The SARS and avian influenza outbreaks Taiwan’s voice to be heard in international greater than that of 3⁄4 of the member states al- illustrate that disease knows no boundaries and organizations in order to make a contribu- ready in the World Health Organization (WHO). emphasize the importance of allowing all people tion, even if membership is not possible’’, (4) Taiwan’s achievements in the field of access to the WHO. further stating that the administration ‘‘has health are substantial, including— (18) As the pace of globalization quickens and focused on finding concrete ways for Taiwan (A) attaining— the spread of infectious disease accelerates, it is to benefit and contribute to the WHO’’. (i) 1 of the highest life expectancy levels in crucial that all people, including the people of ø(13) In his speech made in the World Med- Asia; and Taiwan, be given the opportunity to participate ical Association on May 14, 2002, Secretary of (ii) maternal and infant mortality rates com- in international health organizations such as Health and Human Services, Tommy Thomp- parable to those of western countries; the WHO. son, announced ‘‘America’s work for a (B) eradicating such infectious diseases as (19) The Secretary of Health and Human Serv- healthy world cuts across political lines. cholera, smallpox, the plague, and polio; and ices acknowledged during the 2003 World Health That is why my government supports Tai- (C) providing children with hepatitis B vac- Assembly meeting that ‘‘[t]he need for effective wan’s efforts to gain observership status at cinations. public health exists among all peoples’’. the World Health Assembly. We know this is (5) The United States Centers for Disease Con- (b) PLAN.—The Secretary of State is author- a controversial issue, but we do not shrink trol and Prevention and its counterpart agencies ized to— from taking a public stance on it. The people in Taiwan have enjoyed close collaboration on a (1) initiate a United States plan to endorse of Taiwan deserve the same level of public wide range of public health issues. and obtain observer status for Taiwan at the health as citizens of every nation on earth, (6) In recent years Taiwan has expressed a annual week-long summit of the World Health and we support them in their efforts to willingness to assist financially and technically Assembly each year in Geneva, Switzerland; achieve it’’. in international aid and health activities sup- (2) instruct the United States delegation to the ø(14) The Government of the Republic of ported by the WHO. World Health Assembly in Geneva to implement China on Taiwan, in response to an appeal (7) On January 14, 2001, an earthquake, reg- that plan; and from the United Nations and the United istering between 7.6 and 7.9 on the Richter scale, (3) introduce a resolution in support of ob- States for resources to control the spread of struck El Salvador. In response, the Taiwanese server status for Taiwan at the summit of the HIV/AIDS, donated $1,000,000 to the Global Government sent 2 rescue teams, consisting of 90 World Health Assembly. individuals specializing in firefighting, medi- Fund to Fight AIDS, Tuberculosis and Ma- (c) REPORT CONCERNING OBSERVER STATUS cine, and civil engineering. The Taiwanese Min- laria in December 2002. FOR TAIWAN AT THE SUMMIT OF THE WORLD istry of Foreign Affairs also donated $200,000 in ø(15) In 2003, the outbreak of Severe Acute HEALTH ASSEMBLY.—Not later than 30 days Respiratory Syndrome (SARS) caused 73 relief aid to the Salvadoran Government. after the date of the enactment of this Act, and (8) The World Health Assembly has allowed deaths in Taiwan. not later than April 1 of each year thereafter, observers to participate in the activities of the ø(16) Avian influenza, commonly known as the Secretary of State shall submit a report to organization, including the Palestine Liberation bird flu, has reemerged in Asia with strains the Congress, in unclassified form, describing Organization in 1974, the Order of Malta, and of the influenza reported by the People’s Re- the United States plan to endorse and obtain ob- the Holy See in the early 1950’s. public of China, Cambodia, Indonesia, Japan, server status for Taiwan at the annual week- (9) The United States, in the 1994 Taiwan Pol- Pakistan, South Korea, Taiwan, Thailand, long summit of the World Health Assembly icy Review, declared its intention to support Vietnam, and Laos. (WHA) held by the World Health Organization Taiwan’s participation in appropriate inter- ø(17) The SARS and avian influenza out- (WHO) in May of each year in Geneva, Switzer- national organizations. breaks illustrate that disease knows no land. Each report shall include the following: (10) Public Law 106–137 required the Secretary boundaries and emphasize the importance of (1) An account of the efforts the Secretary of of State to submit a report to Congress on efforts allowing all people access to the WHO. State has made, following the last meeting of by the executive branch to support Taiwan’s ø(18) As the pace of globalization quickens the World Health Assembly, to encourage WHO participation in international organizations, in and the spread of infectious disease acceler- member states to promote Taiwan’s bid to obtain particular the WHO. ates, it is crucial that all people, including (11) In light of all benefits that Taiwan’s par- observer status. the people of Taiwan, be given the oppor- ticipation in the WHO can bring to the state of (2) The steps the Secretary of State will take tunity to participate in international health health not only in Taiwan, but also regionally to endorse and obtain observer status at the organizations such as the WHO. and globally, Taiwan and its 23,500,000 people next annual meeting of the World Health As- ø(19) The Secretary of Health and Human should have appropriate and meaningful par- sembly in Geneva, Switzerland. Services acknowledged during the 2003 World ticipation in the WHO. Mr. FRIST. Mr. President, I ask Health Assembly meeting that ‘‘[t]he need (12) On May 11, 2001, President Bush stated in unanimous consent that the committee for effective public health exists among all a letter to Senator Murkowski that the United substitute amendment be adopted, the peoples’’. States ‘‘should find opportunities for Taiwan’s ø(b) PLAN.—The Secretary of State is au- bill, as amended, be read a third time voice to be heard in international organizations and passed, the motion to reconsider be thorized to— in order to make a contribution, even if member- ø (1) initiate a United States plan to en- ship is not possible’’, further stating that the laid upon the table, and that any state- dorse and obtain observer status for Taiwan administration ‘‘has focused on finding concrete ments relating to the bill be printed in at the annual week-long summit of the ways for Taiwan to benefit and contribute to the RECORD. World Health Assembly in May 2004 in Gene- the WHO’’. The PRESIDING OFFICER. Without va, Switzerland; (13) In his speech made in the World Medical ø objection, it is so ordered. (2) instruct the United States delegation Association on May 14, 2002, Secretary of to the World Health Assembly in Geneva to The committee amendment, in the Health and Human Services Tommy Thompson nature of a substitute, was agreed to. implement that plan; and announced ‘‘America’s work for a healthy world ø The bill (S. 2092), as amended, was (3) introduce a resolution in support of ob- cuts across political lines. That is why my gov- server status for Taiwan at the summit of ernment supports Taiwan’s efforts to gain read the third time and passed. the World Health Assembly. observership status at the World Health Assem- f ø(c) REPORT.—Not later than 14 days after bly. We know this is a controversial issue, but RECOGNIZING AND HONORING THE the date of enactment of this Act, the Sec- we do not shrink from taking a public stance on retary of State shall submit a report to Con- it. The people of Taiwan deserve the same level 50TH ANNIVERSARY OF THE SU- gress in unclassified form describing the ac- of public health as citizens of every nation on PREME COURT DECISION IN tion taken to carry out the plan described in earth, and we support them in their efforts to BROWN V. BOARD OF EDUCATION subsection (b).¿ achieve it’’. OF TOPEKA SECTION 1. CONCERNING THE PARTICIPATION (14) The Government of the Republic of China OF TAIWAN IN THE WORLD HEALTH on Taiwan, in response to an appeal from the Mr. FRIST. Mr. President, I ask ORGANIZATION. United Nations and the United States for re- unanimous consent that the Judiciary (a) FINDINGS.—Congress makes the following sources to control the spread of HIV/AIDS, do- Committee be discharged from further findings: nated $1,000,000 to the Global Fund to Fight consideration of S. Res. 349, and the (1) Good health is important to every citizen AIDS, Tuberculosis, and Malaria in December Senate proceed to its immediate con- of the world and access to the highest standards 2002. sideration. of health information and services is necessary (15) In 2003, the outbreak of Severe Acute Res- The PRESIDING OFFICER. Without to improve the public health. piratory Syndrome (SARS) caused 84 deaths in objection, it is so ordered. The clerk (2) Direct and unobstructed participation in Taiwan. international health cooperation forums and (16) Avian influenza, commonly known as bird will report the resolution by title. programs is beneficial for all parts of the world, flu, has reemerged in Asia, with strains of the The legislative clerk read as follows: especially today with the great potential for the influenza reported by the People’s Republic of A resolution (S. Res. 349) recognizing and cross-border spread of various infectious dis- China, Cambodia, Indonesia, Japan, Pakistan, honoring May 17, 2004, as the 50th anniver- eases such as the human immunodeficiency South Korea, Taiwan, Thailand, Vietnam, and sary of the Supreme Court decision in Brown virus (HIV), tuberculosis, and malaria. Laos. v. Board of Education of Topeka.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5023 There being no objection, the Senate Resolved, That the Senate— rights of not only Linda Brown and the proceeded to consider the resolution. (1) recognizes and honors May 17, 2004, as other defendants in the case, but of an Mr. FRIST. Mr. President, I ask the 50th anniversary of the Supreme Court entire race of individuals who were unanimous consent that the resolution decision in Brown v. Board of Education of treated as second class citizens. Topeka; On May 17, 1954, the Supreme Court be agreed to, the preamble be agreed (2) encourages all people of the United to, and the motions to reconsider be States to recognize the importance of the rendered its decision to rule racial seg- laid upon the table en bloc, with no in- Supreme Court decision in Brown v. Board of regation in schools unconstitutional. tervening action or debate, and that Education of Topeka; and Further, the Supreme Court found the any statements relating thereto be (3) acknowledges the need for the Nation to ‘‘separate but equal’’ doctrine to be in printed in the RECORD. recommit to the goals and purposes of this violation of the 14th amendment of the The PRESIDING OFFICER. Without landmark decision to finally realize the United States Constitution, which objection, it is so ordered. dream of equal educational opportunity for states, among other things, that, ‘‘no The resolution (S. Res. 349) was all children of the United States. State shall make or enforce any law agreed to. f which shall abridge the privileges or The preamble was agreed to. immunities of citizens of the United The resolution, with its preamble, 50TH ANNIVERSARY OF BROWN V. States.’’ reads as follows: BOARD OF EDUCATION When the Court ruled, in 1954, that S. RES. 349 Mr. FRIST. Mr. President, I ask school segregation laws were unconsti- tutional, the Supreme Court demol- Whereas May 17, 2004, marks the 50th anni- unanimous consent that the Judiciary versary of the Supreme Court decision in the Committee be discharged from further ished the legal foundation on which ra- case of Brown v. Board of Education of To- consideration of S. Con. Res. 102 and cial segregation stood. The Court’s peka, 347 U.S. 483 (1954); the Senate proceed to its immediate opinion, written and delivered by Chief Whereas in the 1896 case of Plessy v. Fer- consideration. Justice Earl Warren, also served as a guson, 163 U.S. 537 (1896), the Supreme Court The PRESIDING OFFICER. Without stirring moral indictment of racial seg- upheld the doctrine of ‘‘separate but equal’’, objection, it is so ordered. regation, and an eloquent challenge to which allowed the continued segregation of The clerk will report the concurrent America to cast off its prejudices and common carriers, and, by extension, of pub- extend its promises of life, liberty, and lic schools, in the United States based on resolution by title. The legislative clerk read as follows: the pursuit of happiness to all citizens, race; regardless of race or color. Whereas racial segregation and the doc- A concurrent resolution (S. Con. Res. 102) I would like to take this opportunity trine of ‘‘separate but equal’’ resulted in sep- to express the sense of the Congress regard- arate schools, housing, and public accom- ing the 50th anniversary of the Supreme to thank the many individuals who modations that were inferior and unequal for Court decision in Brown v. Board of Edu- worked tirelessly to ensure that the African-Americans and many other minori- cation of Topeka. 50th anniversary celebration of this ties, severely limited the educational oppor- There being no objection, the Senate case is recognized world wide. Most no- tunities of generations of racial minorities, proceeded to consider the concurrent tably, I would like to thank Cheryl negatively impacted the lives of the people Brown Henderson, the Brown Founda- resolution. of the United States, and inflicted severe tion and the Brown v. Board of Edu- Mr. BROWNBACK. Mr. President, it harm on American society; cation National Historic Site for their Whereas in 1945, Mexican-American stu- gives me great pleasure to speak on be- steadfast and unwavering commitment dents in California successfully challenged half of the passage of S. Con. Res. 102, to the legacy established by the Brown the constitutionality of their segregation on which honours the 50th anniversary of decision. I would also like to thank and the basis of national origin in Westminster the landmark Supreme Court decision, commend the work of the Brown v. School District of Orange County v. Mendez Brown et al. v. Board of Education of (161 F.2d 774 (9th Cir. 1947)); Board of Education 50th Anniversary Topeka, Kansas et al. Whereas in 1951, Oliver Brown, on behalf of Commission. Finally I would like to his daughter Linda Brown, an African-Amer- As you may know, the history of de- recognize all of the cases that comprise ican third grader, filed suit against the segregating our public school system the Brown decision. Board of Education of Topeka after Linda started before Brown with such cases BELTON V. GEBHART (BULAH V. GIBHART)— was denied admission to an all-white public as Murray v. Maryland and Sweatt v. DELAWARE school in Topeka, Kansas; Painter. But it was Brown v. Board of Whereas in 1952, the Supreme Court com- First petitioned in 1951, the local Education that caught fire and cases, Belton v. Gebhart and Bulah v. bined Oliver Brown’s case (Brown v. Board of changed the course of Americas history Education of Topeka, 98 F. Supp. 797 (D. Kan. Gibhart, challenged the inferior condi- 1951)) with similar cases from Delaware and the way in which we view equality tions of two African American schools. (Gebhart v. Belton, 91 A.2d 137 (Del. 1952)), in the eyes of the law. In the suburb of Claymont, DE, African South Carolina (Briggs v. Elliott, 98 F. Supp. Before Brown, many States held and American children were prohibited 529 (E.D.S.C. 1951)), and Virginia (Davis v. enforced racially segregated laws en- from attending the area’s local high County School Board of Prince Edward forced, which was an atrocious prac- school. In the rural community of County, 103 F. Supp. 337 (E.D. Va. 1952)) chal- tice. Many individuals cited the 1896 lenging racial segregation in education and Hockessin, Delaware, African Amer- Plessy v. Ferguson case, which sanc- ican students were forced to attend a determined that the constitutionality of seg- tioned the separate but equal doctrine, regation in public schools in the District of dilapidated one-room schoolhouse and Columbia would be considered separately in as the grounds for keeping school seg- were not provided transportation to Bolling v. Sharpe, 347 U.S. 497 (1954); regation legal. the school, while white children in the Whereas the students in these cases argued Oliver Brown, a citizen of Topeka, area were provided transportation and that the inequality caused by the segrega- KS, along with other individuals, filed a better school facility. Both cases tion of public schools was a violation of their a lawsuit against the Topeka School were represented by a local NAACP at- right to equal protection under the law; Board on behalf of his 7-year-old torney. Though the State Supreme Whereas on May 17, 1954, in Brown v. Board daughter, Linda. Like other young Af- Court ruled in favor of the plaintiffs, of Education of Topeka, the Supreme Court rican Americans, Linda had to cross a overturned the decision of Plessy v. Fer- the decision did not apply to all guson, concluding that ‘‘in the field of public set of railroad tracks and board a bus schools in Delaware. education, the doctrine of ‘separate but to take her to the ‘‘colored’’ school on BOLLING, ET. AL. V. C. MELVIN SHARPE, equal’ has no place’’ and, on that same date, the other side of the city from where ET.AL.—DISTRICT OF COLUMBIA in Bolling v. Sharpe, held that the doctrine she lived—even though a school for Eleven African American Junior high of ‘‘separate but equal’’ also violated the white children was located only a few School students were taken on a field fifth amendment to the Constitution; and blocks from her home. trip to Washington, D.C.’s new John Whereas the decision in Brown v. Board of There were many notable African Phillip Sousa School for whites only. Education of Topeka is of national impor- Americans who helped to bring this tance and profoundly affected all people of The African American students were the United States by outlawing racial seg- case to the United States Supreme denied admittance to the school and regation in education and providing a foun- Court; however, none so famous as Su- ordered to return to their inadequate dation on which to build greater equality: preme Court Justice Thurgood Mar- school. in 1951, a suite was filed on be- Now, therefore, be it shall, who valiantly defended the half of the students. After review with

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5024 CONGRESSIONAL RECORD — SENATE May 6, 2004 the Brown case in 1954, the U.S. Su- rent resolution be agreed to, the pre- (3) the gross inadequacies of these class- preme Court ruled that segregation in amble be agreed to, the motion to re- rooms sparked a student strike in 1951; the Nation’s capital was unconstitu- consider be laid upon the table, and (4) the NAACP soon joined their struggles that any statements relating to the and challenged the inferior quality of their tional. school facilities in court; and BRIGGS V. R.W. ELLIOTT resolution be printed in the RECORD. (5) although the United States District In Claredon County, SC, the State The PRESIDING OFFICER. Without Court ordered that the plaintiffs be provided NAACP first attempted, unsuccessfully objection, it is so ordered. with equal school facilities, they were denied The concurrent resolution (S. Con. and with a single plaintiff, to take access to the schools for white students in Res. 102) was agreed to. legal action in 1974 against the inferior their area; The preamble was agreed to. Whereas with respect to the South Caro- conditions African American students The concurrent resolution, with its lina case of Briggs v. R.W. Elliott— experienced under South Carolina’s ra- preamble, reads as follows: (1) in Clarendon County, South Carolina, cially segregated school system. By S. CON. RES. 102 the State NAACP first attempted, unsuccess- 1951, community activists convinced fully and with a single plaintiff, to take legal Whereas Oliver L. Brown is the namesake the African American parents to join action in 1947 against the inferior conditions of the landmark United States Supreme that African-American students experienced the NAACP efforts to file a class action Court decision of 1954, Brown v. Board of suite in U.S. District Court. The court under South Carolina’s racially segregated Education (347 U.S. 483, 1954); school system; found that the schools designated for Whereas Oliver L. Brown is honored as the (2) by 1951, community activists convinced African Americans were grossly inad- lead plaintiff in the Topeka, Kansas case African-American parents to join the equate in terms of buildings, transpor- which posed a legal challenge to racial seg- NAACP efforts to file a class action suit in tation and teacher’s salaries when regation in public education; United States District Court; compared to the schools provided for Whereas by 1950, African-American parents (3) the court found that the schools des- began to renew their efforts to challenge ignated for African-Americans were grossly whites. An order to equalize the facili- State laws that only permitted their chil- ties was virtually ignored by school of- inadequate in terms of buildings, transpor- dren to attend certain schools, and as a re- tation, and teacher salaries when compared ficials and the schools were never made sult, they organized through the National to the schools provided for white students; equal. Association for the Advancement of Colored and BROWN V. BOARD People (the NAACP), an organization found- (4) an order to equalize the facilities was In Kansas there were 11 school inte- ed in 1909 to address the issue of the unequal virtually ignored by school officials, and the and discriminatory treatment experienced schools were never made equal; gration cases dating from 1881 to 1949, by African-Americans throughout the coun- prior to Brown in 1854. In many in- Whereas with respect to the Delaware try; cases of Belton v. Gebhart and Bulah v. stances the schools for African Amer- Whereas Oliver L. Brown became part of Gebhart— ican children were substandard facili- the NAACP strategy led first by Charles (1) first petitioned in 1951, these cases chal- ties with out-of-date textbooks and Houston and later by Thurgood Marshall, to lenged the inferior conditions of 2 African- often no basic school supplies. In the file suit against various school boards on be- American schools; fall of 1950, members of the Topeka, half of such parents and their children; (2) in the suburb of Claymont, Delaware, Kansas Chapter of the NAACP agreed Whereas Oliver L. Brown was a member of African-American children were prohibited a distinguished group of plaintiffs in cases to again challenge the ‘‘separate but from attending the area’s local high school, from Kansas (Brown v. Board of Education), and in the rural community of Hockessin, equal’’ doctrine governing public edu- Delaware (Gebhart v. Belton), South Caro- Delaware, African-American students were cation. On February 28, 1951, the lina (Briggs v. Elliot), and Virginia (Davis v. forced to attend a dilapidated 1-room school- NAACP filed their case as Oliver L. County School Board of Prince Edward house, and were not provided transportation Brown et al. vs. The Board of Edu- County) that were combined by the United to the school, while white children in the cation of Topeka Kansas, which rep- States Supreme Court in Brown v. Board of area were provided transportation and a bet- resented a group of 13 parents and 20 Education, and in Washington, D.C. (Bolling ter school facility; children. The District Court ruled in v. Sharpe), considered separately by the Su- (3) both plaintiffs were represented by local preme Court with respect to the District of NAACP attorneys; and favor of the school board and the case Columbia; (4) though the State Supreme Court ruled was appealed to the U.S. Supreme Whereas with respect to cases filed in the in favor of the plaintiffs, the decision did not Court. At the Supreme Court level, State of Kansas— apply to all schools in Delaware; their case was combined with other (1) there were 11 school integration cases Whereas with respect to the District of Co- NAACP cases from Delaware, South dating from 1881 to 1949, prior to Brown v. lumbia case of Bolling, et al. v. C. Melvin Carolina, Virginia and Washington, Board of Education in 1954; Sharpe, et al.— (2) in many instances, the schools for Afri- (1) 11 African-American junior high school D.C., which was later heard separately. can-American children were substandard fa- The combined cases became known as students were taken on a field trip to Wash- cilities with out-of-date textbooks and often ington, D.C.’s new John Philip Sousa School Oliver L. Brown et. Al. vs. The Board of no basic school supplies; for white students only; Education of Topeka, et al. (3) in the fall of 1950, members of the To- (2) the African-American students were de- DAVIS, ET. AL. V. PRINCE EDWARD COUNTY peka, Kansas chapter of the NAACP agreed nied admittance to the school and ordered to BOARD OF SUPERVISORS to again challenge the ‘‘separate but equal’’ return to their inadequate school; and doctrine governing public education; (3) in 1951, a suit was filed on behalf of the One of the few public high schools (4) on February 28, 1951, the NAACP filed available to African Americans in the students, and after review with the Brown their case as Oliver L. Brown et al. v. The case in 1954, the United States Supreme State of Virginia was Robert Moton Board of Education of Topeka Kansas (which Court ruled that segregation in the Nation’s High School in Prince Edward County. represented a group of 13 parents and 20 chil- capital was unconstitutional; Built in 1943, it was never large enough dren); Whereas on May 17, 1954, at 12:52 p.m., the (5) the district court ruled in favor of the to accommodate its student popu- United States Supreme Court ruled that the school board and the case was appealed to discriminatory nature of racial segregation lation. The gross inadequacies of these the United States Supreme Court; classrooms sparked a student strike in (6) at the Supreme Court level, the case ‘‘violates the 14th Amendment to the Con- 1951. The NAACP soon joined their was combined with other NAACP cases from stitution, which guarantees all citizens equal struggles and challenged the inferior Delaware, South Carolina, Virginia, and protection of the laws’’; Washington, D.C. (which was later heard sep- Whereas the decision in Brown v. Board of quality of their school facilities in Education set the stage for dismantling ra- court. Although the U.S. District Court arately); and (7) the combined cases became known as cial segregation throughout the country; ordered that the plaintiffs be provided Oliver L. Brown et al. v. The Board of Edu- Whereas the quiet courage of Oliver L. with equal school facilities, they were cation of Topeka, et al.; Brown and his fellow plaintiffs asserted the denied access to the white schools in Whereas with respect to the Virginia case right of African-American people to have their area. of Davis et al. v. Prince Edward County equal access to social, political, and com- I am encouraged and hopeful that the Board of Supervisors— munal structures; Nation will join with me and celebrate (1) one of the few public high schools avail- Whereas our country is indebted to the work of the NAACP Legal Defense and Edu- this magnificent achievement in Amer- able to African-Americans in the State of Virginia was Robert Moton High School in cational Fund, Inc., Howard University Law ican History. Prince Edward County; School, the NAACP, and the individual Mr. FRIST. Mr. President, I ask (2) built in 1943, it was never large enough plaintiffs in the cases considered by the Su- unanimous consent that the concur- to accommodate its student population; preme Court;

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5025 Whereas Reverend Oliver L. Brown died in tial records it received in the course of The clerk will report the resolution 1961, and because the landmark United its inquiry with the U.S. Anti-Doping by title. States Supreme Court decision bears his Agency, which is the independent agen- The assistant legislative clerk read name, he is remembered as an icon for jus- cy that enforces anti-doping rules for as follows: tice, freedom, and equal rights; and Whereas the national importance of the the U.S. Olympic Committee and the A resolution (S. Res. 348) to protect, pro- Brown v. Board of Education decision had a Olympic sport federations. Both orga- mote, and celebrate motherhood. profound impact on American culture, af- nizations have advised the committee There being no objection, the Senate fecting families, communities, and govern- that they view it as critical to the proceeded to consider the resolution. ments by outlawing racial segregation in credibility and reputation of American Mr. FRIST. Mr. President, I ask public education, resulting in the abolition sport that the U.S. Anti-Doping Agen- unanimous consent that the resolution of legal discrimination on any basis: Now cy obtain timely access to these be agreed to, the preamble be agreed therefore be it Resolved by the Senate (the House of Rep- records to enable it to use them as evi- to, the motion to reconsider be laid resentatives concurring), That— dence, if justified, in disciplinary pro- upon the table, and that any state- (1) the Congress recognizes and honors the ceedings prior to the selection of the ments relating to the resolution be 50th anniversary of the Supreme Court deci- U.S. Olympic team that will compete printed in the RECORD. sion in Brown v. Board of Education of To- in the 2004 Summer Olympic Games in The PRESIDING OFFICER. Without peka; Athens, Greece. objection, it is so ordered. (2) the Congress encourages all people of This resolution would authorize the The resolution (S. Res. 348) was the United States to recognize the impor- chairman and ranking member of the agreed to. tance of the Supreme Court decision in Commerce Committee, acting jointly, Brown v. Board of Education of Topeka; and The preamble was agreed to. (3) by celebrating the 50th anniversary of to provide documents from the com- The resolution, with its preamble, the Brown v. Board of Education of Topeka, mittee’s inquiry to the U.S. Anti- reads as follows: the Nation will be able to refresh and renew Doping Agency in response to these re- S. RES. 348 the importance of equality in society. quests. Whereas the second Sunday of May is ob- f Mr. FRIST. Mr. President, I ask served as Mother’s Day; unanimous consent that the resolution AUTHORIZING DOCUMENT PRODUC- Whereas motherhood and childhood are en- be agreed to, the preamble be agreed titled to special assistance; TION BY COMMITTEE ON COM- to, the motion to reconsider be laid Whereas mothers have a unique bond with MERCE, SCIENCE, AND TRANS- upon the table, and that any state- their children; PORTATION ments relating to this matter be print- Whereas the work of mothers is of para- Mr. FRIST. Mr. President, I ask ed in the RECORD. mount importance, but often undervalued unanimous consent that the Senate The PRESIDING OFFICER. Without and demeaned; proceed to the immediate consider- objection, it is so ordered. Whereas mothers’ concerns about their children and their education should be sup- ation of S. Res. 355 which was sub- The resolution (S. Res. 355) was ported by the national agenda; mitted earlier today. agreed to. Whereas a child’s healthy relationship The PRESIDING OFFICER. The The preamble was agreed to. with the mother predicts higher self-esteem clerk will report the resolution by The resolution, with its preamble, and resiliency in dealing with life events; title. reads as follows: Whereas the complementary roles and con- The legislative clerk read as follows: S. RES. 355 tributions of fathers and mothers should be A resolution (S. Res. 355) to authorize the Whereas, the Committee on Commerce, recognized and encouraged; production of records by the Committee on Science, and Transportation has been con- Whereas mothers have an indispensable Commerce, Science, and Transportation. ducting an inquiry into the potential use of role in building and transforming society to build a culture of life; and There being no objection, the Senate banned performance-enhancing drugs by U.S. Olympic sport athletes; Whereas mothers along with their hus- proceeded to consider the resolution. Whereas, the Committee has received re- bands, form an emotional template for a Mr. FRIST. Mr. President, the Com- quests from both the U.S. Olympic Com- child’s future relationships: Now therefore, mittee on Commerce, Science, and mittee and the U.S. Anti-Doping Agency be it Transportation has been conducting an that the latter gain access to records of the Resolved, That the Senate— oversight inquiry triggered by press re- Committee’s inquiry; (1) recognizes the importance of mothers to ports and court records suggesting that Whereas, by the privileges of the Senate of a healthy society; and United States Olympic sport athletes the United States and Rule XI of the Stand- (2) calls on the people of the United States ing Rules of the Senate, no evidence under to observe Mother’s Day by considering how may have used banned performance-en- the control or in the possession of the Senate society can better respect and support moth- hancing drugs without detection. As can, by administrative or judicial process, be erhood. part of its inquiry, the committee ob- taken from such control or possession but by f tained by subpoena documents from a permission of the Senate; and federal criminal investigation regard- Whereas, when it appears that evidence ORDERS FOR FRIDAY, MAY 7, 2004 ing the alleged sale and distribution of under the control or in the possession of the Mr. FRIST. Mr. President, I ask such drugs to U.S. Olympic sport ath- Senate is needed for the promotion of jus- unanimous consent that when the Sen- tice, the Senate will take such action as will letes. promote the ends of justice consistent with ate completes its business today, it ad- After conducting a confidential re- the privileges of the Senate: Now, therefore, journ until 9:30 a.m. on Friday, May 7. view of the subpoenaed records, the be it I further ask that following the prayer committee held a closed hearing on Resolved, That the Chairman and Ranking and the pledge, the morning hour be May 5, 2004, to explore whether current Minority Member of the Committee on Com- deemed to have expired, the Journal of U.S. Olympic sport athlete drug-test- merce, Science, and Transportation, acting the proceedings be approved to date, ing policies, resources, and authority jointly, are authorized to provide to the U.S. the time for the two leaders be re- are sufficient to deter such athletes Anti-Doping Agency the documents subpoe- naed by the Committee regarding the poten- served for their use later in the day, from using banned performance-en- tial use of banned performance-enhancing and the Senate then begin a period of hancing drugs. The committee specifi- drugs by U.S. Olympic sport athletes. morning business, with Senators per- cally considered the implications of f mitted to speak therein for up to 10 the potential participation in this sum- minutes each. mer’s Olympic Games of U.S. Olympic CELEBRATING MOTHERHOOD The PRESIDING OFFICER. Without sport athletes who may have used Mr. FRIST. Mr. President, I ask objection, it is so ordered. banned performance-enhancing drugs. unanimous consent that the Judiciary f Representatives of the United States Committee be discharged from further Olympic Committee and of the United consideration of S. Res. 348 and the PROGRAM States Anti-Doping Agency testified at Senate proceed to its immediate con- Mr. FRIST. Mr. President, we have the committee’s hearing. sideration. had a number of discussions as to how Both organizations have requested The PRESIDING OFFICER. Without we might go about finishing the FSC/ that the committee share the confiden- objection, it is so ordered. ETI JOBS bill. Unfortunately, we have

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5026 CONGRESSIONAL RECORD — SENATE May 6, 2004 been unable to reach an agreement this would consider amendments that may THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE afternoon and tonight. It appears it not be considered relevant on both INDICATED UNDER TITLE 10, U.S.C., SECTION 624: will be necessary to file cloture tomor- sides of the aisle, and we have indeed To be brigadier general row. We will continue to discuss our considered germane amendments that COL. RANDOLPH D. ALLES, 0000 options on Friday and early next week, really pertain to and are germane to COL. JOSEPH F. DUNFORD JR., 0000 COL. PAUL E. LEFEBVRE, 0000 but I do believe that it is now time for the bill, and nongermane amendments. COL. RICHARD P. MILLS, 0000 us to finish this bill. I am disappointed It is a matter of definition. We have COL. MARTIN POST, 0000 in the number of amendments that done just that on Monday, Tuesday, IN THE NAVY Members have indicated they intend to Wednesday, and Thursday. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF THE BUREAU OF MEDICINE AND SURGERY offer, many of which have nothing to We have reached the end of the week, AND SURGEON GENERAL AND FOR APPOINTMENT TO THE do with the underlying bill. having cast votes on a number of GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 601 At this point, I announce that no amendments and accepted others, AND 5137: rollcall votes will occur on Friday, and working together. I, too, congratulate To be vice admiral all Members should be aware that the the managers for working together and REAR ADM. DONALD C. ARTHUR JR., 0000 next rollcall vote can be expected Mon- moving this bill forward. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED day evening. I will say more on Mon- At this juncture, we plan on filing WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND day’s schedule tomorrow. cloture tomorrow, and that means we RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The PRESIDING OFFICER. The Sen- will still, once cloture is obtained—I To be vice admiral ator from Nevada is recognized. hope it is obtained—we still will be REAR ADM. JUSTIN D. MCCARTHY, 0000 Mr. REID. Mr. President, I noticed in considering germane amendments to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the statement of the leader—I think it the underlying bill. We have had a pro- IN THE UNITED STATES NAVY TO THE GRADE INDICATED was a fair statement—that many WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ductive week and considered a lot of RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: amendments have nothing to do with amendments. To be vice admiral the underlying bill, and he didn’t des- Although there is some disagreement REAR ADM. JONATHAN W. GREENERT, 0000 ignate that only Democrats were con- about the best approach, I want to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT templating amendments that may not bring this to a close. We will have IN THE UNITED STATES NAVY TO THE GRADE INDICATED be pertinent to the bill. I am dis- amendments in the early part of next WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND appointed we have not been able to week and they will be germane amend- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be vice admiral complete this legislation, as I indi- ments. REAR ADM. KEVIN J. COSGRIFF, 0000 cated earlier. We are very close. f I repeat very quickly, because I have THE FOLLOWING NAMED OFFICER FOR APPOINTMENT said it before, we have four contentious ADJOURNMENT UNTIL 9:30 A.M. IN THE UNITED STATES NAVY TO THE GRADE INDICATED TOMORROW UNDER TITLE 10, U.S.C., SECTION 624: amendments. The total time we would To be rear admiral take would be an hour and 35 minutes. Mr. FRIST. Mr. President, if there is REAR ADM. (LH) ALAN S. THOMPSON, 0000 We have the Made in America amend- no further business to come before the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ment by Senator FEINGOLD; the Lau- Senate, I ask unanimous consent that IN THE UNITED STATES NAVY TO THE GRADE INDICATED tenberg amendment dealing with for- the Senate stand in adjournment under UNDER TITLE 10, U.S.C., SECTION 624: eign subsidiaries doing business with the previous order. To be rear admiral (lower half) terrorist nations; the Corzine amend- There being no objection, the Senate, CAPT. PETER M. GRANT III, 0000 ment dealing with section 301, which is at 8:09 p.m., adjourned until Friday, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT having the President enforce the trade May 7, 2004, at 9:30 a.m. IN THE UNITED STATES NAVY TO THE GRADE INDICATED laws; then we had unemployment com- UNDER TITLE 10, U.S.C., SECTION 624: f To be rear admiral pensation. I am disappointed that we have not been able to get to those be- NOMINATIONS REAR ADM. (LH) NANCY J. LESCAVAGE, 0000 cause I think it is important that we Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED are able to do this bill. the Senate May 6, 2004: UNDER TITLE 10, U.S.C., SECTION 624: We are going to pass this bill. It is DEPARTMENT OF STATE To be rear admiral (lower half) only a question of time. This bill is so RALPH LEO BOYCE, JR., OF VIRGINIA, A CAREER MEM- CAPT. MARK W. BALMERT, 0000 important that we, the Congress, and BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- f the President cannot leave here with- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES out passing this legislation. This is a OF AMERICA TO THE KINGDOM OF THAILAND. CONFIRMATIONS must-pass piece of legislation. It is JOHN MARSHALL EVANS, OF THE DISTRICT OF COLUM- BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- Executive nominations confirmed by only a question of how we get there. I ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- the Senate May 6, 2004: think we would have been better off SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF DEPARTMENT OF STATE dealing with these amendments and ARMENIA. SCOTT H. DELISI, OF MINNESOTA, A CAREER MEMBER going on to something else. JOHN D. ROOD, OF FLORIDA, TO BE AMBASSADOR EX- OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED SELOR, TO BE AMBASSADOR EXTRAORDINARY AND The leader made a decision that clo- STATES OF AMERICA TO THE COMMONWEALTH OF THE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ture must be filed, and time will only BAHAMAS. TO THE STATE OF ERITREA. IN THE AIR FORCE AUBREY HOOKS, OF VIRGINIA, A CAREER MEMBER OF tell whether cloture will be invoked. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- We have heard there may be an oppor- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA tunity to vote on at least one of the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE REPUBLIC OF COTE D’IVOIRE. contentious amendments. I hope that AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CRAIG A. KELLY, OF CALIFORNIA, A CAREER MEMBER 601: OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER is the case. That may make things a COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND little better. Everybody has tried hard To be lieutenant general PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MAJ. GEN. B. KOHLER JEFFREY, 0000 TO THE REPUBLIC OF CHILE. and, in my opinion, it is not the fault THOMAS BOLLING ROBERTSON, OF VIRGINIA, A CA- of the managers of the bill. I know THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REER MEMBER OF THE SENIOR FOREIGN SERVICE, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- they have devoted a lot of time, en- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ergy, and effort to this most important AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION OF AMERICA TO THE REPUBLIC OF SLOVENIA. 601: MARC MC GOWAN WALL, OF VIRGINIA, A CAREER MEM- piece of legislation. I understand where BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- we are procedurally. I understand what To be lieutenant general ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MAJ. GEN. JOHN F. REGNI, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES the leader has stated. OF AMERICA TO THE REPUBLIC OF CHAD. Mr. FRIST. Mr. President, very brief- IN THE MARINE CORPS JOHN CAMPBELL, OF VIRGINIA, A CAREER MEMBER OF ly, in response, we have had a very pro- THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ductive week. As I set out really 2 IN THE UNITED STATES MARINE CORPS TO THE GRADE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA weeks ago, and again last Friday and INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- TO THE FEDERAL REPUBLIC OF NIGERIA. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., MICHAEL CHRISTIAN POLT, OF TENNESSEE, A CAREER Monday, I agreed that we would work SECTION 601: MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF hard every day this week and we would To be lieutenant general MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES consider relevant amendments, and we MAJ. GEN. JAMES N. MATTIS, 0000 OF AMERICA TO SERBIA AND MONTENEGRO.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 9801 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — SENATE S5027

JOHN M. ORDWAY, OF CALIFORNIA, A CAREER MEMBER CHRISTOPHER R. HILL, OF RHODE ISLAND, A CAREER EXTRAORDINARY AND PLENIPOTENTIARY OF THE OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF UNITED STATES OF AMERICA TO THE HASHEMITE KING- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DOM OF JORDAN. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE REPUBLIC OF KAZAKHSTAN. OF AMERICA TO THE REPUBLIC OF KOREA. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THOMAS NEIL HULL III, OF NEW HAMPSHIRE, A CAREER MICHAEL W. MARINE, OF VERMONT, A CAREER MEM- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- CONSTITUTED COMMITTEE OF THE SENATE. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DINARY AND PLENIPOTENTIARY OF THE UNITED STATES f OF AMERICA TO THE REPUBLIC OF SIERRA LEONE. OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. ROGER A. MEECE, OF WASHINGTON, A CAREER MEMBER JEFFREY D. FELTMAN, OF OHIO, A CAREER MEMBER OF WITHDRAWALS OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND TO BE AMBASSADOR EXTRAORDINARY AND PLENI- Executive message transmitted by PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA POTENTIARY OF THE UNITED STATES OF AMERICA TO TO THE DEMOCRATIC REPUBLIC OF THE CONGO. THE REPUBLIC OF LEBANON. the President to the Senate on May 06, LAUREN MORIARTY, OF HAWAII, A CAREER MEMBER OF PATRICIA M. HASLACH, OF OREGON, A CAREER MEM- 2004, withdrawing from further Senate THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- COUNSELOR, FOR THE RANK OF AMBASSADOR DURING SELOR, TO BE AMBASSADOR EXTRAORDINARY AND consideration the following nomina- HER TENURE OF SERVICE AS UNITED STATES SENIOR PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA tions: OFFICIAL TO THE ASIA-PACIFIC ECONOMIC COOPERA- TO THE LAO PEOPLE’S DEMOCRATIC REPUBLIC. TION FORUM. RICHARD LEBARON, OF VIRGINIA, A CAREER MEMBER FREDRICK W. ROHLFING III, OF HAWAII, TO BE UNITED MICHELE J. SISON, OF MARYLAND, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII, OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND WHICH WAS SENT TO THE SENATE ON JANUARY 7, 2003. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JOSE A. FOURQUET, OF NEW JERSEY, TO BE A MEMBER PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE STATE OF KUWAIT. OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN TO THE UNITED ARAB EMIRATES. JOHN D. NEGROPONTE, OF NEW YORK, TO BE AMBAS- FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2004, THOMAS CHARLES KRAJESKI, OF VIRGINIA, A CAREER SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF WHICH WAS SENT TO THE SENATE ON JANUARY 9, 2003. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE UNITED STATES OF AMERICA TO IRAQ. JOSE A. FOURQUET, OF NEW JERSEY, TO BE A MEMBER COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND DAVID MICHAEL SATTERFIELD, OF VIRGINIA, A CA- OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA REER MEMBER OF THE SENIOR FOREIGN SERVICE, FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2004, TO THE REPUBLIC OF YEMEN. CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR WHICH WAS SENT TO THE SENATE ON OCTOBER 1, 2003.

VerDate Mar 15 2010 21:43 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 9801 E:\2004SENATE\S06MY4.REC S06MY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E767 EXTENSIONS OF REMARKS

NATIONAL DAY TO PREVENT TEEN sexually active teenagers with one quarter of helping students achieve their goals at NJIT PREGNANCY the decrease due to increased abstinence. and beyond. For his dedication and tireless ef- Mr. Speaker, teen pregnancy is so closely fort, Mr. Ontaneda was awarded the Society of HON. DANNY K. DAVIS linked to other critical social issues: child pov- Hispanic Professional Engineers National OF ILLINOIS erty, out of wedlock births, a well-trained and Technical Career Conference Educator of the IN THE HOUSE OF REPRESENTATIVES ready workforce, and a responsible father- Year Award. hood. Congress, communities, schools, par- Today, I ask my colleagues to join me in Thursday, May 6, 2004 ents, organizations and groups of faith should honoring the achievements of Cynthia Mr. DAVIS of Illinois. Mr. Speaker, I rise all join together in properly educating and Camacho, Mr. Ontaneda, and the talented stu- today to honor the National Day to Prevent demonstrating to our young people that ado- dents of the Hispanic Organization of Students Teen Pregnancy. We have much to celebrate lescence is a time for education and growing in Technology/Society of Hispanic Professional as a country in respect to teen pregnancies up, not pregnancy and parenthood. Engineers at New Jersey Institute of Tech- and birth. Teen pregnancy, abortion and birth f nology. rates have all declined: the birth rate is down f 31 percent from 1991–2002 and the teen HONORING THE HISPANIC ORGANI- pregnancy rate is down 28 percent from ZATION OF STUDENTS IN TECH- TRIBUTE TO STAFF SERGEANT 1990–2000. While African American teens still NOLOGY/SOCIETY OF HISPANIC BILLY JOE ORTON have higher teen pregnancy rates than any PROFESSIONAL ENGINEERS AT other major racial/ethnic groups in the country, NEW JERSEY INSTITUTE OF HON. MARION BERRY their rates are decreasing faster than the over- TECHNOLOGY OF ARKANSAS all rates for teen pregnancy and birth in the IN THE HOUSE OF REPRESENTATIVES United States. Between 1990 and 2000, the HON. ROBERT MENENDEZ Thursday, May 6, 2004 teen pregnancy rate among African American OF NEW JERSEY Mr. BERRY. Mr. Speaker, to die for one’s teens declined 31.5 percent. IN THE HOUSE OF REPRESENTATIVES There have been an exceptional number of country, while tragic, is the ultimate honor. To organizations whose hard work and dedication Thursday, May 6, 2004 die for the freedom of others may not carry through education and outreach services con- Mr. MENENDEZ. Mr. Speaker, I rise today with it an adequate expression to illustrate the tributed to this decline. A few of those include to honor the Hispanic Organization of Stu- debt it generates. Today, I rise to honor Staff our Community Health Center, the school dents in Technology (HOST), the student Sergeant Billy Joe Orton who was killed during health associations, the Ounce of Prevention chapter of the Society of Hispanic Professional his tour of duty in Taji, Iraq. He was 41 years Fund, and Planned Parenthood Federation of Engineers (SHPE) at the New Jersey Institute old. Staff Sergeant Orton dedicated his life to America. of Technology (NJIT). They were honored at Still, there is no room for complacency. the HOST/SHPE Gala Banquet on Thursday, serving our Nation bravely. He served in Pan- Nearly half of our Nation’s high school stu- April 29, 2004, at Ibera Restaurant in Newark, ama from November 1993 to November 1996; dents have had sexual intercourse; the aver- New Jersey. This year’s gala banquet featured Egypt from October 2001 to August 2002, and age age of first intercourse for boys and girls New Jersey State Assemblyman Wilfredo was ordered to active duty for ‘‘Iraqi Freedom’’ is 15 and almost 25 percent report having sex Caraballo as the keynote speaker, as well as on Oct. 12, 2003, with the 39th Infantry Bri- with four or more partners by 12th grade. 35 NJIT President Robert Ailtenkirch and Provost gade in Arkansas. His dedication to his country was surpassed percent of girls still get pregnant by age 20 in Joel Bloom. only by his love for his family, friends and this Nation—nearly 850,000 teen pregnancies The Hispanic Organization of Students in community. The lives he touched were evident annually. In Chicago alone, more than 7,500 Technology/Society of Hispanic Professional as more than 150 people recently gathered babies are born to teen moms every year, 88 Engineers represents a group of extremely tal- outside the Orton home where Staff Sergeant percent of which are out-of wedlock. The num- ented and dedicated students who have Orton lived with his wife, Margarita, and their bers of teens contracting sexually transmitted shown amazing promise and success. Estab- three children. The crowd gathered carrying lit diseases are just as startling. Each year one— lished in 1991, the objective of the HOST/ candles and a heavy heart as the community quarter of the estimated 12 million new cases SHPE was to create an organization to serve came together to share the grief with the of STD, other than HIV, in the United States as a role model to the Hispanic community. Orton family. occur among teenagers. Adolescents have Under the leadership of Student President Arkansans have always been proud of their one of the fastest increasing rates of HIV in- Cynthia Camacho, HOST/SHPE has continued tight-knit communities, but to see such an out- fection; an average of two young people are to excel as one of the premiere HOST organi- pouring of support is proof of the magnetic infected with HIV every hour of every day. zations in the United States. With the second personality Orton possessed. Abstinence education should be taught but highest membership of a Society of Hispanic Staff Sergeant Billy Orton fought honorably not without more education explaining the Professional Engineers student chapter nation- to establish freedom and democracy, and we risks of being sexually active. With the high wide, HOST/SHPE was the recipient of New are all struck by the enormity of this tragedy. percentage of adolescence having sexual Jersey Institute of Technology’s Newark Col- We will remember Staff Sergeant Orton for his intercourse and according to the Illinois De- lege of Engineering 2004 Outstanding Student honor, his mettle and his bravery. On behalf of partment of Public Health only 35 percent of Organization. the Congress, I extend the utmost respect for- males and females nationally use a condom Cynthia Camacho has also been acknowl- a fine American, a loving father, husband and during every act of sexual intercourse, we can edged for her outstanding leadership. At the son, and the perfect model of a patriot. not pretend or even wish that our young peo- SHPE Eastern Technical Career Conference ple are waiting to have sex. Education in Washington, DC, she received the Pedro f works—we have proof of that with the decline Ortiz Student Leadership Award. This award is RECOGNIZING BRITTANY SANDERS in teen pregnancies and births. We need to presented to the student member who has dis- ensure that our young people are receiving a played leadership qualities in activities within HON. SAM GRAVES comprehensive sex education program to ef- SHPE and their community. Ms. Camacho has OF MISSOURI fectively teach and encourage teens to delay served as a role model for her peers and IN THE HOUSE OF REPRESENTATIVES sexual activity. The Alan Guttmacher institute youth, through her outstanding academic ex- found that between 1988 and 1995, three- cellence and commitment to her community. Thursday, May 6, 2004 quarters of the decline in teen pregnancy was Carlomango Ontaneda, the SHPE chapter Mr. GRAVES. Mr. Speaker, I proudly pause due to improved contraceptive use among advisor at NJIT, has been an integral force in to recognize Ms. Brittany Sanders of Kansas

∑ 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. E768 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 City, Missouri. Ms. Sanders has been named was—stand out there . . . [and] I realized that servant who left a powerful legacy of social one of the two top youth volunteers in Mis- I had a debt to pay for what [he] fought to progress. Truly, we are all diminished by the souri for 2004 in the ninth annual Prudential achieve.’’ Elvin Caldwell Sr. made good on passing of this remarkable gentleman. Please Spirit of Community Awards. This is an ex- that commitment and built a legacy in which join me in paying tribute to Elvin R. Caldwell, traordinary honor; more than 20,000 young we take great pride. Sr. His life was rich in consequence and his people across the country were considered for He graduated from East High School in deeds serve as an inspiration to us all. The recognition this year. The Prudential Spirit of Denver and earned a track scholarship to the values, leadership and commitment he exhib- Community Award was designed to empha- University of Colorado. Caldwell later married ited during his life set the mark and compel us size the importance our Nation places on serv- ‘‘Frankie’’ Harriett Webb and his marriage to continue the work that distinguishes us as ice to others, and to encourage young Ameri- lasted for 60 years and produced four chil- a nation. dren. By 1950, he was a successful account- cans of all backgrounds to contribute to their f communities. ant and a member of the State legislature. He Brittany was nominated by St. Charles. served three terms in the Colorado House of HONORING THE POLISH AMERICAN Borromeo Parish School in Oakview, Missouri. Representatives, but the barriers to passing CONGRESS OHIO DIVISION As a seventh grader at St. Charles Borromeo progressive legislation proved to be consider- Parish School, she organized a youth service able. In 1955, Caldwell chose to take on six HON. DENNIS J. KUCINICH primary opponents in a city council race and club in honor of her best friend who died from OF OHIO at the age of thirty-one, he became the first brain cancer. Brittany began with small IN THE HOUSE OF REPRESENTATIVES projects on her own, donating her birthday and African American elected to the Denver City Thursday, May 6, 2004 Christmas gifts to sick children, cleaning up Council. He was elected council president five times and his tenure proved to be one that her block, collecting canned goods for a food Mr. KUCINICH. Mr. Speaker, I rise today in was defined by resourcefulness and states- pantry, and volunteering. ‘‘Kristin’s Kids Club’’ honor of the Polish American Congress, Ohio manship. Caldwell entered city government at has grown from 10 to 400 members, and has Division, as they celebrate their 55th anniver- a time when institutionalized discrimination undertaken a wide range of community service sary—sharing their cultural gifts along a pa- was the norm. Qualified African American po- projects. rade route lined with food, song and joyous lice officers couldn’t climb through the ranks, Brittany developed a newsletter and Web celebration. there were no black judges, and the fire de- site to support the club’s activities, and is now On May 18, 1949, in Cleveland, Ohio, the partment was segregated—African Americans spending a lot of time and effort starting simi- Ohio Division of The Polish American Con- could only serve at one fire station. These de- lar groups in other cities and States. She has gress was founded. The Polish American Con- plorable conditions set in motion Caldwell’s raised thousands of dollars for a variety of gress is composed of individuals of Polish an- plan for change—to rid the civil service system causes, such as the poor children of Afghani- cestry as well as Polish organizations. The of practices that either marginalized African group serves as a unifying force for both Pol- stan. American firefighters and police officers or ex- Mr. Speaker, please join me in commending ish Americans and Polish citizens living in cluded racial minorities from public service. this exemplary young lady for her dedication America. Taking a positive stand on issues City government needed to be opened up and to community. Brittany is an outstanding role concerning the people of Poland, the group Caldwell was up to the challenge. strives to attain a free market economy within model and an exceptionally fine asset to the Change did not come swiftly but the road to the framework of a democratic society. Sixth District of Missouri. I am proud of her a more equitable society is never easy. He The goal of The Polish American Congress and wish her well in any future endeavor she knew that change is unsettling and over the is to make Americans of Polish heritage more chooses. next decade, Caldwell’s quiet persistence f overcame obstacles and got things done. successful U.S. citizens by encouraging them Even in the face of threats and militant con- to assume the responsibilities of citizenship. In TRIBUTE TO ELVIN R. CALDWELL, addition, the group supports fraternal, profes- SR. frontation by groups such as the Black Pan- thers, Caldwell remained courteous and sional, religious, and civic associations dedi- unflappable. He once mused that ‘‘On life’s cated to the improvement of the status of all HON. DIANA DeGETTE journey, it’s better if you can resolve things in Americans of Polish heritage. OF COLORADO a calm, sensible manner . . . It may take It is evident that the Polish American Con- IN THE HOUSE OF REPRESENTATIVES longer, but you can usually get more done.’’ gress has played a crucial role in the Polish Community, and in its many years of service Thursday, May 6, 2004 Caldwell’s leadership in city council created formal recruitment programs to bring more mi- has been an invaluable contribution to the City Mr. DEGETTE. Mr. Speaker, I rise to honor norities into Denver’s public safety depart- of Cleveland and beyond. the extraordinary life of a distinguished public ments and through his perseverance and skill, Mr. Speaker and Colleagues, please join me servant, Elvin R. Caldwell, Sr. This remarkable the State’s first Fair Employment Practices Act in honor and celebration of the leaders and gentleman merits both our recognition and es- was made law. He became a potent force in members of the Polish American Congress, as teem as his impressive record of civic leader- helping to revitalize the Five Points area and they celebrate fifty-five years of promotion and ship and invaluable service has moved our helped establish the Eastside Neighborhood guardianship of the heritage, history and cul- community forward and thereby, improved the Health Center as well as the Five Points Com- ture of their beloved Polish homeland—pro- lives of our people. munity Center. viding awareness and connection to every For Elvin Caldwell Sr., passion for social His career on city council lasted twenty-five new generation born in America, and enriching justice was not defined by the fanfare of public years and after seven terms, former Denver the diverse fabric of our entire Cleveland com- life. His passion was of lasting import. It was Mayor William McNichols appointed Caldwell munity. tempered by his calm bearing, firm resolve Manager of Safety, making him the first Afri- f and a steady discipline which shaped civic ac- can American to sit in a mayoral cabinet. He complishments of immeasurable value to our served on numerous community, State and RECOGNIZING THE 100TH ANNIVER- community. Elvin Caldwell possessed the rare national organizations including the Board of SARY OF THE CITY OF SESSER, ability to transform the promise of equal justice Directors of the National Association for the IL and fair treatment into practicable reality and Advancement of Colored People. He is cred- our lives have truly been enriched by his pres- ited for opening doors for other African Amer- HON. JERRY F. COSTELLO ence among us. ican leaders including former Mayor Wel- OF ILLINOIS During his formative years in Denver, lington E. Webb and City Council President IN THE HOUSE OF REPRESENTATIVES Caldwell knew both the racism and exclusion Elbra Wedgeworth. In 1990, the Denver City Thursday, May 6, 2004 prevalent during the 1920’s and 30’s. At a Council created the Elvin R. Caldwell Commu- young age, he participated in protest marches nity Service Plaza and on April 26, 2003, the Mr. COSTELLO. Mr. Speaker, today I’d like with his parents and the adversity he experi- City and County of Denver named the Blair- my colleagues to join me in honoring the cen- enced forged a resolve and commitment to Caldwell African American Research Library in tennial of one of the oldest communities in my civil liberties that would sustain him through recognition of his lifetime of service to our congressional district, Sesser, Illinois. life’s challenges. He recalled that ‘‘Denver was community. Sesser’s beginnings have a close relation- a very prejudiced city at one time . . . I used Recently, his portrait was hung in the library ship to the coal mining industry in southern Illi- to watch my father—no matter how tired he to honor him as a modest and dignified public nois. T. C. Keller came to Sesser from Indiana CONGRESSIONAL RECORD — Extensions of Remarks E769 and began sinking a large mine shaft 647 feet Crenshaw. With the coming of spring, Rev- fined. Around 1944 Arkansas teacher Mattye deep, one and one-half miles southeast of erend Crenshaw retires as pastor of the Whyte Woodridge began corresponding with town. Because of the sinking of the Keller church after a lifetime of service to his flock political and education leaders about the need mine and the extension of the Chicago, Bur- and that of the larger Toledo community. Truly for a national day to honor teachers. lington and Quincy Railroad into the rich coal a community leader, long recognized as the Woodbridge wrote to Eleanor Roosevelt who fields of the region, Sesser was born. After it voice of the church, Reverend Crenshaw has in 1953 persuaded the 81st Congress to pro- was discovered that a deep vein of coal lay been a mainstay of the Jerusalem congrega- claim a National Teacher Day. It wasn’t until under this area, the news traveled fast and tion and its neighborhood for decades. He is March 1985, when National Education Asso- people of many nationalities came to Sesser a man for others. ciation (NEA) and the National PTA estab- to work. ‘‘Blessed is the may that walks not in the lished Teacher Appreciation Week as the first Two railroad officials, John C. Elliot and counsel of the ungodly, nor stands in the way full week of May with the first Tuesday remain- John Sesser, a surveyor from whom Sesser of sinners, nor sits at the seat of the scornful. ing as National Teacher’s Day. received its name, laid out the original plat But his delight is in the Law of the Lord; and Teachers are true heroes in our commu- which contained a square of sixteen blocks. in His law does he meditate both day and nities, who through their dedication to children This original plat ran from the railroad to the night. And he shall be like a tree planted by work millions of small miracles every day. City Hall and two blocks north and two blocks the rivers of the water, that brings forth his Henry Brooks Adams, a historian and grand- south of Main Street (Franklin Ave). Sesser fruit in his season; his leaf also shall not with- son of President John Quincy Adams once was later appointed by President Woodrow er; and whatsoever he does shall prosper.’’ said that ‘‘A teacher affects eternity; he can Wilson as a member of the Railway Labor (Psalms, 1:1–3) never tell where his influence stops.’’ We must Board in Washington D.C. in 1920. Later he Within the words of this passage lies Rev- never forget to thank our teachers for their served as a Vice-President of the Cuban Rail- erend Dr. Harry Crenshaw. A man of God, he service to our society and for creating a better, way. lives the Word in thought and deed, and has smarter and hopefully kinder future generation. Homes and businesses sprang up fast. imparted his love of that Word to generations. f Most of the businesses were two story build- Through his strength and wisdom he has pro- HONORING JERSEY CITY HUDSON ings with rooms above to handle the people vided counsel to thousands. The esteem with CITY LIONS CLUB coming to work in the mines in Sesser. In which he is held is testament to his prominent 1912, the Sesser City Board made contact role in the lifeblood of the community and the with the Egyptian Light Company to furnish personal lives of the people to whom he min- HON. ROBERT MENENDEZ OF NEW JERSEY power and electric lights for the City. Sesser’s isters. IN THE HOUSE OF REPRESENTATIVES first sidewalks were made from railroad ties While no one can build a church alone, Je- with hitching racks along both sides of the rusalem Baptist Church and its ministry, the Thursday, May 6, 2004 street. In 1912, concrete sidewalks covered Jerusalem Outreach Center, are attributable to Mr. MENENDEZ. Mr. Speaker, I rise today eight miles within Sesser. the passion and perseverance of Reverend to honor the Jersey City Hudson City Lions Sesser’s first high school began in 1919, the Dr. Crenshaw. His guidance and leadership Club in celebration of its 50th anniversary. The opera house, drug stores, hotel and res- have been a primary force in the growth of the Jersey City Hudson City Lions Club (JCHCLC) taurants were soon opened. Water and sewer church and its neighborhood mission, particu- celebrated with a 50th Anniversary Ball held systems were completed in 1914 and a dial larly its embrace of our youth. He has come on Saturday, May 1, 2004, at Puccini’s Res- system was installed in 1954. Sesser’s City to embody faith and hope for the next genera- taurant in Jersey City, New Jersey. Hall was completed in 1967 and the Franklin tion of our community. Since 1954, the Jersey City Hudson City County Housing Authority approved 30 rental Reverend Dr. Crenshaw has earned his rest Lions Club has fulfilled the motto of the Inter- units in Sesser in 1968. Two factories serviced as he takes his leave from the day-to-day op- national Lions Club of ‘‘We Serve,’’ and has the Sesser area, Sesser Concrete was built in erations of the Jerusalem congregation. Yet, taken an active role in civic, cultural, and so- 1946, making concrete blocks and other prod- his abiding goodness lives strong in each of cial events. With a membership of dedicated ucts and Lyn Gai Garment Company manufac- us whose lives he has touched. We know he men and women, the JCHCLC has provided tured ladies apparel. will remain involved in its activities for the exceptional services for our community, pro- Sesser Sheltercare Home, a 60 bed health church and its works are a part of him. Rev- moting a better quality of life for the people it care facility, was opened in 1970. This facility erend Dr. Harry Crenshaw’s soul will echo on touches. is located on farm property previously owned in the buildings’ walls and the congregation’s Working with local churches, hospitals, clin- by my mother and father-in-law, George and hearts for many years to come. He came this ics, summer programs, shelters, and food Eloise Cockrum. This facility was purchased far by faith with his beautiful wife, Frances, banks, the Jersey City Hudson City Lions Club and renamed Redwood Manor. Several rural and he led us all to a more humane and com- has given all its support in gathering nec- county schools were in session at one time passionate community and world. essary supplies and food to help those in and now they are housed in one location. f need, taking tremendous pride in the positive Sesser today is a community of over 2000 difference it makes in the lives of the people and boasts hotels, restaurants and community THANKING OUR TEACHERS MAY 2– in its community and around the world. churches. It remains a vital part of the econ- 8—TEACHER APPRECIATION WEEK Jersey City Hudson City Lions Club is re- omy of Franklin County and southern Illinois. nowned for its sight-related programs. Working This year, Sesser celebrates its centennial HON. DANNY K. DAVIS with St. Joseph’s Home of the Blind, the and also commemorates the 49th year of the OF ILLINOIS JCHCLC has provided services, including annual Sesser Homecoming, an event which IN THE HOUSE OF REPRESENTATIVES guide dogs, walking canes, vocational training, summer camps, books on tape, spring draws people from throughout the region. Thursday, May 6, 2004 Mr. Speaker, I ask my colleagues to join me barbeques and Christmas parties. They also in honoring the founding of the community and Mr. DAVIS of Illinois. Mr. Speaker, Albert provide vouchers for Lenscrafter, so that chil- the people of the City of Sesser, Illinois on the Einstein once said that ‘‘It is the supreme art dren, who would otherwise have no access, occasion of its 100th Anniversary. of the teacher to awaken joy in creative ex- can purchase eyeglasses. f pression and knowledge’’. I rise today to thank At the 50th Anniversary Ball, the Jersey City our Nation’s teachers for their exceptional Hudson City Lions Club honored former HONORING THE RETIREMENT OF work, compassion and dedication to our chil- JCHCLC President Frank Walsh (1973–1974), REVEREND HARRY CRENSHAW dren everyday. Although May 4th was National who was presented with the ‘‘Lion of the Year Teacher’s Day, this entire week, May 2–8 is Award’’ for his outstanding leadership and HON. MARCY KAPTUR Teacher Appreciation Week. dedicated service over the years to the OF OHIO I think everyone can think back and remem- JCHCLC. IN THE HOUSE OF REPRESENTATIVES ber that one teacher that touched their lives— Today, I ask my colleagues to join me in whether it was the one that taught you to honoring the members and officers, past and Thursday, May 6, 2004 read, gave you the confidence to learn more, present, of the Jersey City Hudson City Lions Ms. KAPTUR. Mr. Speaker, Jerusalem Bap- made you feel smart and knowledgeable or Club in recognition of their outstanding con- tist Church in Toledo, Ohio will bid a fond fare- was the one solid, caring adult in a child’s life. tributions and caring dedication to our commu- well to its revered patriarch, Reverend Harry The origins of Teacher Day are not too de- nity over the last 50 years. E770 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 TRIBUTE TO SPECIALIST KENNETH RECOGNIZING BENEFITS AND IM- Mr. Speaker, I was proud to sponsor this ALAN ‘‘KENNY’’ MELTON PORTANCE OF SCHOOL-BASED bill, which congratulates the University of Den- MUSIC EDUCATION ver 2004 championship hockey team. I am happy to report that the entire Colorado con- HON. MARION BERRY SPEECH OF gressional delegation cosponsored H. Con. OF ARKANSAS HON. DIANA DeGETTE Res. 408. I also wish to congratulate the IN THE HOUSE OF REPRESENTATIVES OF COLORADO Maine Black Bears for an excellent season, and a hard fought championship game. I look Thursday, May 6, 2004 IN THE HOUSE OF REPRESENTATIVES Tuesday, May 4, 2004 forward to a victory celebration for the Pio- Mr. BERRY. Mr. Speaker, I rise today to neers at the U.S. Capitol. I thank the Speaker honor a true American hero. Specialist Ken- Ms. DEGETTE. Mr. Speaker, I rise today to for bringing this bill to the floor and urge my neth Alan ‘‘Kenny’’ Melton was killed when the support House Concurrent Resolution 408, colleagues to support me in congratulating the convoy he was riding in was hit by a roadside which congratulates the University of Denver University of Denver. for winning the 2004 NCAA Men’s Hockey bomb and small fire by insurgents near Bagh- f championship. DU’s national title, its first since dad. Specialist Melton was 30 years old. 1969, came against the top-ranked Maine IN HONOR AND REMEMBRANCE OF Specialist Melton joined the Army in 1992 Black Bears, in a nail-biter that stunned the ARTHUR NAPARSTEK and served in Iraq as a member of the Arkan- collegiate hockey world. sas National Guard’s 39th Infantry Brigade. He The championship game on Saturday, April HON. DENNIS J. KUCINICH was following in the footsteps of his father and 10, 2004 was college hockey at its best. I OF OHIO grandfather, who also served their country in watched as the Pioneers took an early lead IN THE HOUSE OF REPRESENTATIVES the Army. His service is a testament to his with a goal by Gabe Gauthier in the first pe- Thursday, May 6, 2004 dedication to the spirit of this nation and riod. The rest of the game was a scoreless should be admired and respected. defensive struggle. Hockey fans from the Mr. KUCINICH. Mr. Speaker, I rise today in Despite his notable dedication to his coun- Rocky Mountains to the New England coast honor and remembrance of Professor Arthur try, he was a husband and a father first. A held their breath during the excruciating final Naparstek—devoted family man, caring pro- son, a brother and a friend to the community, two minutes of the game. In a sequence only fessor, friend and mentor, and internationally Specialist Melton was a very positive young fitting for the nationally televised season finale, known visionary in the area of urban develop- man with an overwhelming sense of patriot- Maine secured a Power Play while trailing ment. ism. Denver 1–0 when the Pioneers were assessed The son of Polish immigrants, Professor Naparstek was born and raised in New York We can ask nothing greater from a human with two penalties, giving the Black Bears a City. He graduated with a master’s degree in being than to anonymously fight to help peo- two-man advantage. In the final minute of social work from New York University, and a ple they may have never met. To die for the play, Maine pulled its goaltender to add an- doctorate from Brandeis University’s Florence freedom of others may not carry with it an other attacker, putting Denver at a 6–3 dis- Heiler School of Advanced Studies in Social adequate expression to illustrate the debt it advantage. The clock slowly ticked down to zero, and DU emerged victorious, led by an Welfare Administration. Professor Naparstek’s generates. Specialist Melton has the respect professional commitment to economic and so- of those whose lives he touched, and, now, extraordinary 24-save performance by goal- tender Adam Berkhoel, who was named the cial justice began in the early sixties, when he grieving family and friends who I offer my worked as the assistant to Richard G. Hatch- deepest sympathies. NCAA Tournament’s Most Outstanding Player. His shutout was only the third in the history of er, the first African American mayor of Gary, Specialist Melton will be remembered for his Indiana. Later, Professor Naparstek joined the honor, his mettle, his bravery and his commit- the championship game. It was a great way to end the season for the National Center for Urban Ethnic Affairs in ment to his family, his God and his country. seven seniors on the Pioneer team. The class Washington, DC, and worked closely with On behalf of the Congress, I extend my ut- of 2004 won more games at the University of Congress to create legislation focused on em- most respect for a fine American, a loving fa- Denver than any since the 1973 graduating powering our most vulnerable citizens—our ther, husband and son, and the perfect model seniors. Head Coach Geoge Gwozecky is to poor. of a patriot. be congratulated as well. He is the only per- As professor and Dean of the Case Western son to ever win NCAA titles as a player, as- Reserve University School of Applied Social f sistant coach, and head coach. Sciences, Mr. Naparstek taught by example The Denver Post noted that the champion- and served as an inspiration and mentor to RECOGNIZING CLAY/PLATTE countless students and instructors throughout DEVELOPMENT CORPORATION ship game between the University of Denver and the University of Maine was amazing be- his tenure. His acclaimed urban redevelop- cause ‘‘they proved that two mid-sized univer- ment projects and individual empowerment HON. SAM GRAVES sities can excel in one of the country’s main- programs were sought by the administrations of President Carter and President Clinton. As OF MISSOURI stay sports.’’ This year’s champion Pioneers added a sixth hockey championship to the uni- director of the Cleveland Foundation’s Com- IN THE HOUSE OF REPRESENTATIVES versity’s fine athletic record, which includes a mission on Poverty during the early 1990’s, Thursday, May 6, 2004 record 17 Division I ski team championships, Professor Naparstek was instrumental in cre- and two titles for the women’s gymnastic pro- ating the redevelopment plan for several of Mr. GRAVES. Mr. Speaker, I proudly pause Cleveland’s most fragile neighborhoods. Be- to recognize the members of the Clay/Platte gram. Not only does the University of Denver excel in athletics, it is a prestigious academic cause of his vision and heart, the shroud of Development Corporation who are meeting institution as well. U.S. News and World Re- decline has been lifted from our neighbor- today to celebrate the past years’ successes. port recently ranked three DU graduate pro- hoods, illuminating the promise of restoration They represent the kind of community leader- grams among the country’s best. and possibility along many of our city streets. ship that is necessary for strong and thriving The championship is especially poignant, Mr. Speaker and Colleagues, please join me communities. because the University of Denver hockey pro- in honor, gratitude and remembrance of Pro- Established in 1982, in conjunction with the gram tragically lost one of its most famed fessor Arthur C. Naparstek—an exceptional Clay County EDC, its mission is to provide alumni just before Christmas last year. Keith man, visionary, and leader whose life reflected economic development assistance to busi- Magnuson, the captain of the last DU team to accomplishment, caring and concern for oth- nesses in Platte and Clay counties. By capture the national title 35 years ago, was ers. I offer my deepest condolences to his be- proactively seeking businesses and providing killed in a car accident just four months ago. loved wife, Belleruth; his beloved children, them with much needed capital, the Clay/ Still active with the University, Magnuson reg- Keila, Aaron, and Abe; and to his extended Platte Development Corporation is a corner- ularly attended hockey games, gave locker family and friends. His brilliant and flawless stone for business growth in the Northland. room speeches to the team, and even played legacy—both personally and professionally will Mr. Speaker, I ask you to join me in com- in the school’s homecoming game this sea- be remembered forever by family, friends and mending both the past and present members son. Following his death, the team dedicated colleagues. Professor Naparstek’s vision, of the Clay/Platte Development Corporation. the season to his memory, but no one could heart and leadership will forever serve as a Their contributions to the people of Missouri’s have imagined the success the team has en- beacon of promise and hope throughout our Sixth District are important and commendable. joyed. community, and far beyond. CONGRESSIONAL RECORD — Extensions of Remarks E771 RECOGNIZING THE 150TH ANNIVER- of its proximity to Scott Air Force Base and St. CONGRATULATING ROBERT L. SARY OF THE CITY OF Louis. It sits astride I–64 and boasts three SATCHER—A MEMBER OF NASA’S O’FALLON, IL interchange exits where large commercial and 2004 ASTRONAUT CANDIDATE retail developments are clustered. O’Fallon CLASS HON. JERRY F. COSTELLO also is home to the O’Fallon Township High OF ILLINOIS School, which is recognized as one of the top HON. DANNY K. DAVIS IN THE HOUSE OF REPRESENTATIVES high schools in the region and the state of Illi- OF ILLINOIS nois. The high school is also home to the Thursday, May 6, 2004 IN THE HOUSE OF REPRESENTATIVES Marching Panthers Band, which has won sev- Mr. COSTELLO. Mr. Speaker, today I’d like eral national awards and is a regular partici- Thursday, May 6, 2004 my colleagues to join me in honoring the Ses- pant in the Macy’s Thanksgiving Day parade Mr. DAVIS of Illinois. Mr. Speaker, I rise quicentennial of one of the oldest communities in New York City. today to congratulate the eleven men and in my congressional district, O’Fallon, Illinois. The City of O’Fallon continues the growth women of NASA’s 2004 Astronaut Candidate The City of O’Fallon, Illinois was named in and development envisioned by Captain Class. I especially want to congratulate one of honor of Colonel John O’Fallon. Colonel O’Fallon. The rail line he developed continues the astronauts, Dr. Robert L. Satcher Jr., who O’Fallon was a soldier, businessman, real es- to run through the community delivering vital is a constituent of mine, the 7th District of Illi- tate owner and public minded citizen. His fa- commerce and supplies to areas to the west. nois. ther, James O’Fallon was a physician who Mr. Speaker, I ask my colleagues to join me Dr. Robert L. Satcher, Jr., was born in came to this country shortly before the Revo- in honoring the founding of the community and Hampton, Virginia to Robert L. Sr. and Marian lutionary War and served as a surgeon in the people of the City of O’Fallon on the occa- H. Satcher; in 1965 and currently lives in Oak George Washington’s Army. After the war, he sion of its 150th Anniversary. Park, Illinois with his wife D’Juanna White. He went to Louisville, Kentucky where he met and received his Bachelors of Science in Chemical married Frances Clark, a sister of George f Engineering, Massachusetts Institute of Tech- Rogers Clark and William Clark, army officers, HONORING THE CAREER OF JAN nology (MIT) in 1986. In 1993 and 1994 he re- who became famous during the Corps of Dis- McBRIDE ceived his Ph.D. in Chemical Engineering at covery exploration of the Louisiana Territory in MIT and his M.D. at Harvard University re- 1804 and for later development of the Mis- spectively. He is currently an Assistant Pro- sissippi Valley. HON. MARCY KAPTUR fessor in the Department of Orthopaedic Sur- Colonel John O’Fallon’s father died when he OF OHIO gery, Northwestern University, The Feinberg was a child and he was reared and educated IN THE HOUSE OF REPRESENTATIVES School of Medicine in Chicago, Illinois. by his mother and uncles. With his army back- Thursday, May 6, 2004 Today is a proud day for space in the 7th ground, he became a soldier. He fought in the District of Illinois, the United States and the War of 1812, where he rose to the rank of Ms. KAPTUR. Mr. Speaker, I rise today to world. These eleven men and women rep- Captain. After the war ended, O’Fallon be- recognize the achievements of a woman of resent the next generation of explorers; they came assistant Indian Agent to his Uncle Wil- our community as she prepares to retire from are the ones who will lead us into the future liam Clark of the Lewis and Clark expedition. professional life. Jan McBride has spent a ca- of space exploration, of the Moon, Mars and Later he became a contractor, buying and sell- reer in the service of health care delivery, and beyond. They will serve as role models to ing Army supplies. He invested his money and her imprimatur is throughout our region of teach and excite the future generation of ex- became involved with the expanding railroad Northwest Ohio. plorers. industry across the nation. He promoted the Starting as a pediatric nurse, Jan McBride Mr. Speaker, once again I congratulate Missouri Pacific railroad, as well as the Wa- rose through the ranks of Toledo Hospital and these men and women on their hard work, bash and B&O railroads. His involvement with its parent ProMedica Health System, and has dedication and this great accomplishment and railroads and the purchase of lands led him to been the President of Toledo Children’s Hos- wish them luck as they embark on this jour- become the namesake of both O’Fallon, Illi- pital since 1998. A balance of compassion and ney. business acumen has marked her tenure in nois and O’Fallon, Missouri. f Colonel O’Fallon purchased lands in an the corporate structure. An engaging leader, area north of St. Louis which lead to the de- Jan McBride has developed many people HONORING WEST NEW YORK velopment of the community of O’Fallon Park, while moving the Toledo Hospital and LEONES CUBANOS DE HUDSON Missouri. Always civic-minded, Colonel ProMedica Health System forward. O’Fallon gave generously to St. Louis Univer- Even while pursuing an extensive corporate HON. ROBERT MENENDEZ sity and Washington University and also schedule, Jan McBride has never neglected OF NEW JERSEY formed an institute which became the fore- her civic responsibilities as a community cit- IN THE HOUSE OF REPRESENTATIVES runner of today’s St. Louis High Schools and izen. She has gone ‘‘above and beyond’’ in Thursday, May 6, 2004 the City of St. Louis’ public library. her commitment to a variety of health, commu- O’Fallon, Illinois was originally platted from nity, and business concerns, serving as an ac- Mr. MENENDEZ. Mr. Speaker, I rise today lands surrounding the train depot and water tive officer of the Cystic Fibrosis Foundation’s to honor the West New York Leones Cubanos tank built for the operation of the B&O rail- NW Ohio Chapter, the Hospital Council of NW de Hudson in celebration of its 25th anniver- road. Town lots were platted by Ernest Ohio, Junior Achievement of NW Ohio, the Ju- sary. The West New York Leones Cubanos de Tiedemann under the direction of Frederick A. venile Diabetes Foundation, Lucas County Hudson commemorated their 25th anniversary Carpenter and Hugh O. Sheerbarth. On May ARC (Association of Retarded Citizens), the on Saturday, April 24, 2004, at the Landmark 18, 1854 these lots were sold at a public auc- National Youth Sports Program, the Neighbor- in East Rutherford, New Jersey. tion. John and Sarah Distler had erected a log hood Health Association, Ohio Children’s Hos- West New York Leones Cubanos de Hud- cabin on the site in 1851, but the first house pital Association, Ronald McDonald House son is the largest Lions Club in the State of in O’Fallon was built by Anderson Umbarger in Charities, Rotary Club of Toledo, United Way New Jersey, and the fourth largest in the 1855. The first post office was established in of Greater Toledo, the University of Toledo United States. With a membership of 260 1855. O’Fallon was incorporated as a village Alumni Association, and the Zonta Club of To- dedicated men and women, the West New on January 27, 1874. ledo. Her efforts have earned her awards of York Lions Club has been able to take an ac- A newly replicated depot stands near the recognition including the Tribute to Women in tive role in civic, cultural, and social events. A site of the beginnings of this community. Industry, Women in Communication, Alpha non-political and non-sectarian group, the O’Fallon’s early growth was due to the large Omicron Pi Fraternity, and Juvenile Diabetes Lions Club is renowned for its sight-related coal mining industry in the region. Foundation honoree. programs, providing services to the blind, in- O’Fallon was also home to major busi- For forty years, Jan McBride has given of cluding guide dogs, walking canes, and voca- nesses like Willard Stove, Tiedeman Milling herself to her career and the causes in which tional training. and the Independent Engineering Company. she believes. She leaves our community rich- Since 1979, the West New York Leones O’Fallon also had abundant agricultural land er, stronger, healthier, and kinder. I know my Cubanos de Hudson has done an exceptional which supported large farming operations. colleagues join me in wishing Jan McBride service for its community with the help of dedi- Today, O’Fallon is a community of over well as she writes new chapters in her book cated individuals. Working with local churches, 20,000 people. It continues to grow because of life. Onward! hospitals, clinics, summer programs, shelters, E772 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 and food banks, the Lions Club has given all FREEDOM FOR JORGE OLIVERA Right now there are thousands of young its support to promoting a better quality of life CASTILLO men and women in uniform who are bravely to the people it touches. It has also been serving this country in Iraq, Afghanistan and in heavily active in youth development. The HON. LINCOLN DIAZ-BALART other foreign countries. We ask God to protect Lions-Quest program provides youth with a OF FLORIDA them and grant them favor. We ask God to comfort their families and loved ones who ea- sense of community, as well as tools and as- IN THE HOUSE OF REPRESENTATIVES sistance for their success in the future. gerly await their return. Let us continue to pray Thursday, May 6, 2004 for peace in these lands and for reconciliation With a diverse Hispanic community in West among its people. New York, the Lions Club has been active in Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I rise today to speak about Jorge Throughout American history—from the ear- helping in disaster relief and rebuilding efforts liest settlers to the Continental Congress, from to many areas in the Caribbean and Central Olivera Castillo, a political prisoner in totali- tarian Cuba. General George Washington to President and South America impacted by natural disas- George W. Bush—the American people have ters. It has been a force in gathering nec- Mr. Olivera Castillo worked for 10 years as a national television editor. After being con- called upon the Providence of God. essary supplies and food to help in times of In 1775, the Continental Congress issued a need, and takes tremendous pride in the posi- fronted on a daily basis with the blatantly false propaganda mandated by the tyrannical re- proclamation setting aside a day of prayer. In tive difference it makes in the lives of the peo- 1952, Congress established an annual day of ple in its community and around the world. gime, he left his job to join other pro-democ- racy activists working for freedom and human prayer, and then in 1988, the law was amend- ed designating the National Day of Prayer as Today, I ask my colleagues to join me in rights for every Cuban citizen. Using his skills honoring the members and officers, past and the first Thursday in May. as a journalist, Mr. Olivera Castillo began to Our country has witnessed the benefits of present, of the West New York Leones report on the brutal policies of the totalitarian Cubanos de Hudson in recognition of their national prayer and fasting in times past, and regime. He later became the director of the I hope citizens from all walks of life will hum- outstanding contributions and caring dedica- Havana Press agency. Starting in 2001, Mr. tion to our community over the last 25 years. bly acknowledge God and seek his guidance, Olivera Castillo’s articles concerning the state strength and resolve. of Cuba under totalitarian rule were published Let us remember to pray for our President, f in Spain. his Cabinet, military leaders, Members of Con- Because of Mr. Olivera Castillo’s unrelenting gress, Supreme Court Justices, State gov- TRIBUTE TO STAFF SERGEANT commitment to writing the truth about the to- STACEY CRAIG BRANDON ernors and local officials. talitarian regime, he has been constantly har- And may we, like our Founding Fathers, assed by the dictator’s thugs. According to earnestly seek to know God’s will for us and HON. MARION BERRY Amnesty International, Mr. Olivera Castillo has our country on this national day of prayer. been expelled from his house, arrested, and f OF ARKANSAS accused of ‘‘counterrevolutionary’’ activities by RECOGNIZING MR. CLYDE IN THE HOUSE OF REPRESENTATIVES the tyrant Castro. During the brutal March 2003 crackdown on peaceful pro-democracy LEHMANN Thursday, May 6, 2004 activists and independent journalists, Mr. Olivera Castillo was arrested. In a sham trial, HON. CHARLES A. GONZALEZ Mr. BERRY. Mr. Speaker, to die for one’s Mr. Olivera Castillo was sentenced to 18 years OF TEXAS country, while tragic, is the ultimate honor. To in the totalitarian gulag because of his commit- IN THE HOUSE OF REPRESENTATIVES die for the freedom of others may not carry ment to truth over propaganda. Thursday, May 6, 2004 with it an adequate expression to illustrate the Mr. Olivera Castillo is currently languishing debt it generates. Today, I rise to honor Staff Mr. GONZALEZ. Mr. Speaker, I rise on this in an infernal cell in the totalitarian gulag. Re- Sergeant Stacey Brandon who was killed dur- day during Teacher Appreciation Week in rec- porters Without Borders reports that Mr. ing his tour of duty in Taji, Iraq. He was 35 ognition of a very special person, Clyde Leh- Olivera Castillo is suffering from numerous years-old. mann. Mr. Lehmann has been selected to re- medical problems, is confined with common ceive the 2004 Milken National Educator Staff Sergeant Brandon joined the National prisoners, and is being forced to drink seri- Award. Guard in 1990 and when he was called to ac- ously polluted water. These depraved condi- The Milken National Educator Award is a tive duty for ‘‘Iraqi Freedom’’ on October 12, tions are truly appalling. It is a crime of the very prestigious award that acknowledges 2003, he answered the call and served his highest order that people who work for free- quality teachers, and highlights how they are country with honor. His ability, intelligence and dom are imprisoned in these nightmarish con- required to ensure the academic success of dedication quickly earned him a promotion to ditions. America’s students. It is bestowed upon K–12 the rank of Staff Sergeant in February 2004. Mr. Speaker, Mr. Olivera Castillo is suffering teachers in recognition of demonstrated excel- Despite his notable dedication to his coun- in a grotesque, inhumane, totalitarian gulag lence in teaching. Awardees are chosen try, he was a husband and a father first. A because he believes in freedom. My col- based upon their: Exceptional educational tal- son, a brother, a friend, an athlete and a light leagues, we can no longer allow peaceful pro- ent as evidenced by outstanding instructional of optimism others were drawn to always. democracy activists to languish in the de- practices in the classroom, school and profes- Along with the many lives he touched, Staff praved prisons of tyrants. We must demand sion; outstanding accomplishments and strong Sergeant Brandon carried God in his heart. He immediate freedom for Jorge Olivera Castillo long-range potential for professional and policy was a passionate singer of gospel music and and every prisoner of conscience in totalitarian leadership; and engaging and inspiring pres- he and his wife, April, joined the Hazen First Cuba. ence that motivates and impacts students, col- Baptist Church upon their move to Hazen, Ar- f leagues and the community. kansas. Mr. Lehmann has certainly earned such an NATIONAL DAY OF PRAYER award. As a Latin teacher at Northside Health We can ask nothing greater from a human Careers High School, he uses creativity to being than to anonymously fight to the end to keep his students interested in learning. He help people they may have never met. Unfor- HON. TODD TIAHRT OF KANSAS accomplishes this by using poetry, perform- tunately for those left behind, this soldier has ance, song, and even travel to pique students’ a name. He has the respect of those whose IN THE HOUSE OF REPRESENTATIVES interest in his classes. Thursday, May 6, 2004 lives he touched, and, now, grieving family His unfaltering dedication to the achieve- and friends who I offer my deepest sym- Mr. TIAHRT. Mr. Speaker, today marks the ment of his students is reflected in their im- pathies and utmost respect. 2004 National Day of Prayer—a day set aside pressive academic successes—a large num- Staff Sergeant Brandon will be remembered by millions of people across this country to ac- ber of Mr. Lehmann’s students have earned for his honor, his mettle, his bravery and his knowledge God and give him thanks for all gold and silver medals at National Latin com- commitment to his family, his God and his that is truly good. Once again, we are re- petitions. He has demonstrated his interest in country. On behalf of the Congress, I extend minded of our need for him in the midst of tur- and passion for Latin through his teaching. the utmost respect for a fine American, a lov- moil and suffering around the world, and we This passion has seemingly been con- ing father, husband and son, and the perfect recall our need to listen and hear from the Al- tagious—four of his former students have be- model of a patriot. mighty. come Latin teachers. CONGRESSIONAL RECORD — Extensions of Remarks E773 Mr. Lehmann has demonstrated his devo- school and hired Nancy Dearhammer, an ex- months of intensive study and hard-won vic- tion to Latin by engaging in related activities perienced charter school leader, to plan the tories to win the right to represent Hawaii in outside of the classroom. This teacher’s devo- curriculum and become executive director. the finals, where they competed against a tion to his realm of study has led him to spon- L.E.A.R.N. will emphasize high academic class from every state in the country and dem- sor the Health Careers Latin Club which, with standards through a 10:1 student-teacher onstrated a remarkable understanding of the one hundred members, is one of the largest ratio, a rigorous curriculum, year-round class- fundamental ideas and values of American organizations on campus. Along with his wife, es and parent involvement. L.E.A.R.N.’s year- constitutional government. Mr. Lehmann has organized summer tours of round schedule is unusual: 9 weeks on fol- This is the first time in Hawaii’s eight-year ancient sites in Rome for his students. Addi- lowed by 2 weeks off, giving students a safe, history at this rigorous competition that one of tionally, he also has twice served as the presi- positive environment all year. Parent involve- our schools has competed in the final ten. dent of the San Antonio Classical Society. ment is key in the mission of the school with This is truly a wonderful accomplishment that I am very proud of Mr. Lehmann and his monthly parent teacher conversations, bi- our whole state is deeply proud of! professional accomplishments. Nothing is monthly parental satisfaction surveys, and I commend Kahuku’s great teacher, Sandra more important in one’s life than education. I strong encouragement to volunteer at the Cashman, for her unending commitment to her am pleased to acknowledge a man whose school to keep parents involved. L.E.A.R.N. is students and for producing generations of re- knowledge, commitment, drive, and enthu- also fundraising to offer pre-school, adult edu- sponsible citizens. Commendations are also in siasm have clearly been a meaningful, positive cation and community health services to order to State Director of We the People Lyla influence on his students’ lives. Lawndale families. Berg and District Coordinator Sharon Kaohi for f A strong work ethic and solid commitment to their leadership in creating our leaders of to- education are the cornerstones of success at morrow. CONGRATULATING CHARTER North Lawndale College Prep and the only re- However, ultimately this competition is by SCHOOLS FOR THEIR ONGOING quirements for admission. A rigorous commu- and about our kids. So I would like to send my CONTRIBUTIONS TO EDUCATION nity school for 350 students on Chicago’s west heartiest congratulations to Samuel Braden, side, North Lawndale Prep graduated its first Chelsey Bunker, Stacia Colton, Brian SPEECH OF class in June 2002. It is dedicated to devel- Craycraft, Tusiata Esera, Lacey Golonka, Eve- HON. DANNY K. DAVIS oping, as opposed to merely recruiting, col- lyn Griffin, Reis Harney, Celesta Hubner, OF ILLINOIS lege-ready students from impoverished city Azura Iversen-Keahi, Jeremy James, Natalie IN THE HOUSE OF REPRESENTATIVES neighborhoods. With high expectations, every Kamauoha, Jennifer Kamiya, Tiffany Lee, Tuesday, May 4, 2004 student is expected to complete four years of Brook McArthur, Donna Ramos, Alicia Reidy, English, social studies, and math, three years Leilani Relator, Aaron Rillamos, Austin Spring, Mr. DAVIS of Illinois. Mr. Speaker, I rise of science, and two years of foreign language. Ian Tapu, Alexandra Thompson, Rachel today to honor the continued success of our There are extra courses in reading for fresh- Telleson, Seini Unga, and Jordan Williams. Nation’s charter schools. I am extremely proud men, writing for sophomores, and oral expres- You have all made Hawaii proud. Aloha and of the several Charter schools that reside in sion for juniors. At every level, students are best of wishes in your future endeavors. my district. Many may not fully understand the expected to produce their best work consist- f difference between a regular public school and ently. In addition to athletics and after-school a Charter school. In Chicago, the Charter activities, North Lawndale Prep offers students NATIONAL DAY OF PRAYER schools are public schools, open to all children a wide array of summer programs. These in- who reside in Chicago without academic ad- clude outdoor adventure programs, an exten- HON. RANDY NEUGEBAUER missions criteria. Each charter school has a sive orientation for freshmen, internships at OF TEXAS unique mission and is operated by community Chicago businesses, and attendance at pres- IN THE HOUSE OF REPRESENTATIVES organizations, universities, foundations and tigious prep school and college summer pro- Thursday, May 6, 2004 school teachers. While charter schools are grams. The summer programs expand the ho- funded by the Board of Education, they are rizons of North Lawndale Prep students and Mr. NEUGEBAUER. Mr. Speaker, I would not required to follow many board regulations. prepare them for the challenges of college. submit this prayer for the RECORD for the Na- For example, they are free to set their own As demonstrated in these three examples, tional Day of Prayer. policies for curriculum, school hours and dis- Charter schools provide excellence in edu- Father, we come to you this day that we cipline. But charter schools are held account- cation by delivering high-quality education and have set aside for prayer in this great nation. able for high student academic achievement challenging our students to reach their poten- May we be a nation of prayer not just on this by the Board of Education tial. Charter schools have brought hope and day, but every day. I would like to acknowledge and congratu- the idea of success back to many poor, dis- We come today acknowledging you as the late some of the great charter schools in my advantaged areas that felt abandoned by the Creator of heaven and earth. We thank you district: education system. I commend the students for that You have given us the privilege of living The first arts-focused charter school in Chi- their hard work, dedication and success, the in this great land and have blessed it in a cago, the Charter School of the Chicago Chil- teachers for their love of education and com- mighty way. Our prayer today is that we would dren’s Choir (CSCCC), integrate music mitment to the school and the students, and indeed be ‘‘One Nation under God’’. throughout its interdisciplinary academic cur- all parents for playing an active role in their We pray for our President as he leads dur- riculum. Learning is project-oriented and em- child’s education and more importantly their ing these difficult days. Give him the wisdom phasizes creativity. Students are able to sing lives by letting that child know that you care and courage to make clear and decisive deci- in as many as 17 different languages. The late and are interested in what they do every day. sions. We pray for the men and women that Rev. Christopher Moore founded the choir in are defending our world today from evil. We f 1956 with ‘‘a dream that young people from di- pray for their safety and their return to the verse backgrounds could better understand TRIBUTE TO KAHUKU HIGH family and loved ones that wait anxiously for each other, as well as learn about themselves, SCHOOL their homecoming. May their families know by learning to make beautiful music together.’’ your peace and comfort now as never before. The choir that Moore started with a handful of HON. ED CASE Freedom and liberty do not come without a kids in the First Unitarian Church of Chicago OF HAWAII price. Many have gone before and paid a on the South Side has grown into a down- IN THE HOUSE OF REPRESENTATIVES huge price for us to live in this great nation town-based, city-wide program that brings to- and to enjoy the freedoms we have today. Let gether nearly 3,000 children each year. Its Thursday, May 6, 2004 us never forget their sacrifice and help us to groups have performed with the Chicago Sym- Mr. CASE. Mr. Speaker, I rise today to con- be good stewards of the inheritance they have phony Orchestra, the Lyric Opera, at the gratulate the incredible students of Kahuku left us. White House, and around the world. High School for their great achievement in Finally, Father today more than ever our na- In 2000, community leaders working to im- winning fourth place at the national finals of tion needs healing. The principles on which prove educational opportunities in the West the We the People: The Citizen and the Con- this nation was founded and which You or- Side neighborhood of Lawndale created stitution program held in Washington, D.C. dained are under attack. The scriptures say, L.E.A.R.N., Lawndale Educational and Re- from May 1–3, 2004. These outstanding stu- ‘‘If my people, who are called by my name, gional Network. They applied for a charter dents from my O’ahu’s North Shore underwent will humble themselves and pray and seek my E774 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 face and turn from their wicked ways, then will sought to guarantee Western Europe’s phys- only South Park Elementary School had in- I hear from heaven and will forgive their sin ical security, through the Marshall Plan he door plumbing, an auditorium and a cafeteria. and will heal their land.’’ Our prayer today is worked to secure the economies of America’s It also had one teacher and one classroom for that America would be a nation that daily European allies. In the ultimate show of his re- each of its eight grades, along with a music seeks You and that our ways would be pleas- solve to fight Communism on every front, teacher and a kindergarten. ing in your sight and that You would indeed President Truman responded with military When the black parents of Walker Elemen- heal our land. force to an invasion of South Korea. tary School demanded that their children be We ask all these things in the name of your Following his years as President, Harry Tru- admitted to the new school, the school district son Jesus. Amen. man returned to Independence, Missouri. He leadership refused, contending that enrollment f took to calling himself ‘‘Mr. Citizen’’. His daily was based on the attendance areas drawn for walks became a popular local story that soon each school. A local NAACP chapter then HONORING PRESIDENT HARRY S spread nationwide. After all of the extraor- aided the families in filing suit against the TRUMAN dinary events he witnessed and in which he school system, while Nutter, who received participated, Harry Truman desired no more only a small financial stipend from the NAACP HON. IKE SKELTON than to return to a simple life. for her work, taught 39 children whose parents OF MISSOURI Mr. Speaker, President Truman left us with withdrew them from Walker for the duration of IN THE HOUSE OF REPRESENTATIVES the phrase, ‘‘the buck stops here’’. It is a phi- the trial. Thursday, May 6, 2004 losophy of life that all Americans could learn In 1949’s Webb v. School District 90, the from and is one reason why he has the re- lawsuit filed on behalf of the 39 families, Nut- Mr. SKELTON. Mr. Speaker, May 8, 2004, spect of both Republicans and Democrats ter was the key witness, detailing the many in- will mark the 120th anniversary of the birth of today. Harry Truman was a valuable leader adequacies of the separate and unequal facil- Harry S Truman in the town of Lamar, Mis- and a great president. I know my fellow Mem- ity. ‘‘I just told them the truth,’’ Nutter said in souri. He would go on to serve in the military bers will join me on this day in remembering an interview with the Kansas City Star in in World War I and hold elected office as his important contributions to the United 2002. ‘‘The school was dilapidated. We had judge, United States senator, Vice President, States of America. no modern conveniences, had to go outside to and President of the United States. His is a f go to the toilet. . . . Schools shouldn’t be for story and a life that we can all learn from. color. They should be for the children.’’ The Harry Truman answered the call to duty in PERSONAL EXPLANATION NAACP’s victory in this case paved the way World War I. He helped organize the 2nd for the Brown decision five years later. Regiment of Missouri Field Artillery. The regi- HON. JIM DeMINT After the Webb decision, Nutter moved to ment was called into Federal service, renamed OF SOUTH CAROLINA nearby Olathe, Kansas, where she taught and the 129th Field Artillery, and sent to serve on IN THE HOUSE OF REPRESENTATIVES later became principal at Westview Elemen- the battlefields of France. Earning the con- Thursday, May 6, 2004 tary School, despite being the only African- fidence of his fellow soldiers, Truman rose American on the school’s staff for decades. quickly to the rank of captain and was given Mr. DEMINT. Mr. Speaker, I was absent After retiring from education in 1972, Nutter the command of the regiment’s Battery D, a during rollcall votes 142, 143, 144, 145, and received the YWCA of Greater Kansas City’s regiment that still exists today in the Missouri 146. Had I been present, I would have voted first Racial Justice Award for 2003, was National Guard. ‘‘yea’’ on rollcall votes 142, 144, and 146. I named to the Rosa Parks Wall of Tolerance, Truman entered elected office in 1922, suc- would have voted ‘‘nay’’ on rollcall votes 143 and was inducted into the Mid-America Edu- cessfully seeking the position of Jackson and 145. cation Hall of Fame at Kansas City, Kansas, County Court judge. Following winning cam- f Community College. paigns for presiding judge of the Jackson Mr. Speaker, I am placing in the CONGRES- County Court in 1924 and 1930, Judge Tru- TRIBUTE TO THE LATE CORINTHIAN NUTTER SIONAL RECORD two recent articles concerning man sought and won the office of United Corinthian Nutter: an article from the Kansas States Senator for Missouri in 1934. City Call regarding her induction into the Mid- Senator Truman won reelection in 1940. In HON. DENNIS MOORE America Education Hall of Fame and her obit- the Senate, he distinguished himself in the OF KANSAS uary from the Kansas City Star. I am pleased passage of the Civil Aeronautics Act of 1938, IN THE HOUSE OF REPRESENTATIVES to have this opportunity to pay tribute to this the Transportation Act of 1940, and as the Thursday, May 6, 2004 important, yet unheralded, resident of the chairman of the Senate Special Committee to Third Congressional District of Kansas. Investigate the National Defense Program. Mr. MOORE. Mr. Speaker, as we approach [From The Call, Oct. 17, 2003] In July, 1944, the Democratic Party nomi- the 50th anniversary of the Brown vs. Topeka, nated Harry Truman to run for Vice President Kansas, Board of Education decision, I rise CIVIL RIGHTS LEADER CORINTHIAN NUTTER INTO EDUCATION HALL OF FAME with President Franklin Roosevelt. With Presi- today to note the recent passing of a civil dent Roosevelt’s unexpected death, Harry Tru- rights pioneer who resided in the Third Con- (By Alan Hoskins) man was sworn in as President only eighty- gressional District of Kansas. Corinthian Nutter knew at an early age two days after taking the vice-presidential Corinthian Nutter, an African-American she didn’t want to follow in her mother’s footsteps scrubbing floors. oath. teacher whose rejection of degrading condi- But no one could ever foresee the profound President Truman’s first year saw some of tions in her Kansas school during the 1940s effect she would have on the world of edu- the most significant events of the twentieth led to an important role in our nation’s deseg- cation and her deserved induction into the century. The death of Adolf Hitler and the end regation struggle, died on February 11th at her Mid-America Education Hall of Fame at of the European front in World War II was home in Shawnee, Kansas, at the age of 97. Kansas City, KS, Community College No- soon followed by Truman’s courageous deci- Nutter was an important witness in a 1949 vember 1. sion to drop two atomic bombs on Japan, lawsuit that helped open the courthouse doors The third of five children born 96 years ago bringing a quick surrender and an end to the for Brown v. Board of Education of Topeka, in Forney, Texas, Mrs. Nutter realized early that she wasn’t going to get much of an edu- war. Truman’s first year also saw the creation the landmark 1954 case in which the U.S. Su- cation—particularly when she was held out of the United Nations and the first steps into preme Court declared segregated schools un- of school when the cotton got ripe. Her the century’s next great struggle: the Cold constitutional. A Texas native, she was the mother, who scrubbed floors and took in War. only certified teacher at Walker Elementary white people’s washing, never saw the inside Truman tackled the Communist challenge School in Merriam, Kansas, in the late 1940s. of a school. Her father was the uneducated with a singular determination. The Truman Only black children attended Walker, where son of a slave who lived to 102. Doctrine enunciated the willingness of the eight grades studied outdated textbooks in two ‘‘I could see I wasn’t going to get much United States to provide military assistance to classrooms in a run down school lacking in- schooling,’’ says Mrs. Nutter, who married at age 14 because ‘‘nice girls didn’t run away countries determined to fight Communist door plumbing. from home.’’ When the marriage fell apart forces. The North Atlantic Treaty Organization In 1947, administrators in school district No. two years later, she fled Texas but not before created a wall between the free nations of 90, which included Merriam, built a new taking a course in beauty school. Western Europe and the communist forces of school with the proceeds of a $90,000 bond ‘‘ I wanted to get enough education to get the Warsaw Pact. As President Truman election. Unlike Walker, the white students- me a good enough job to get others to do the CONGRESSIONAL RECORD — Extensions of Remarks E775 things I didn’t want to do,’’ says Mrs. Nut- During her 25 years of teaching, she would forming an NAACP chapter and suing School ter. Moving to Kansas City at age 16, she got continue her education by taking summer District 90 in 1948. a job in a beauty shop and set out in pursuit classes at Emporia State and earned a Mas- When 39 of 41 families with pupils at Walk- of that education although it wasn’t easy. ters degree in 1956. ‘‘I was always working er pulled their children out of school, Nutter Segregation still prevailed so to earn a towards something all those years,’’ says joined the walkout. high school diploma, Mrs. Nutter would get Mrs. Nutter, who learned that she was only Half a century later, one of the Walker pu- on a bus in Kansas City, MO, and ride to the three hours and a dissertation from a Ph.D pils, Harvey Webb, recalled in a magazine end of the bus line on Quindaro in Kansas during Emporia State ceremonies honoring interview, ‘‘Had not someone like her said, City, KS, and then walk another mile or two her last year. ‘I’m with you, let’s do this, I’ll hang in there to what then was Western university. She Despite her advancing age, she’s still ac- with you and teach the kids to the best of graduated from high school in 1936 and two tive in several organizations including the my ability,’ this might not have happened years later finished Western’s junior college Alpha Kappa Sorority, the Mu chapter of then.’’ program with a Kansas teaching certificate. Beta Omega, NAACP and her lifelong church, She began her career teaching in an all- Nutter became a key witness in the case of Paseo Baptist. A proud member of the Amer- Webb v. School District 90, and she said in black school with just one other teacher in ican Association of University Women, she Shawnee in 1938. After five years, she moved the same magazine article: ‘‘I just told them continues to drive and refuses to walk with the truth. The school was dilapidated, we over to Walker Elementary, a run down two- a cane because she said she’s ‘‘too modest’’ room school for black children in Merriam. had no modern conveniences, had to go out- to use one. side to go to the toilet. And if they were In 1948, South Park Elementary school was She’s received countless awards including going to build a new school and the parents opened at a cost of $90,000. With an audito- the YWCA of Greater Kansas City’s first Ra- were paying taxes like everybody else, why rium, cafeteria, separate teachers and class- cial Justice Award for 2003 and is featured couldn’t their children go? Schools shouldn’t rooms for each grade and indoor plumbing, it prominently in an exhibit at the Johnson looked like a castle compared to Walker, be for a color. They should Stands at a be for County Museum. A widow, her husband of 57 which was without indoor plumbing. South children.’’ years passed away in 1998. Park’s only shortcoming: it was open only to No story on Corinthian Nutter would be With another teacher, Hazel McCray white students. complete without that of her arrival in Kan- Weddington, Nutter continued to teach her When one of the Walker parents, a domes- sas City at age 16. ‘‘I was so ignorant when pupils until the Kansas Supreme Court ruled tic worker in the home of a woman named I got here,’’ she recalls. ‘‘I didn’t know any- in their favor in 1949. Esther Brown, told Mrs. Brown of the in- More court challenges to desegregation fol- equalities of the schools, Mrs. Brown became one so I called the YWCA at 19th and Paseo. They said they didn’t keep girls but if I got lowed the Walker victory, culminating in enraged and suggested they sue—which was the landmark Brown decision in 1954. just what happened after the formation of a a taxi and came over, they’d try to find me Originally from Texas, Nutter was married local NAACP chapter that helped organize a room.’’ at 14 and trained at a beauty shop. But after the parents and file suit against the school During the next several years until she the marriage failed and a friend told her of district. could get her own apartment, she lived in To give even further substance to the suit, the home of Willie Mack Washington, his the good times in Kansas City, she headed 39 of the 41 Walker families took their chil- wife and mother. Washington was a drummer north, arriving in the 1920s at age 16. dren out of school and Mrs. Nutter went with in Bennie Moten’s famous orchestra and Mrs. She had little education, but she had intel- them. While the suit crept slowly through Nutter soon became fast friends with Moten ligence and dreams of a life beyond domestic the judicial system, Mrs. Nutter continued and a young player in his orchestra named drudgery and manual labor. to teach the children in private homes. The William (Count) Basie. Knowing nobody in town, Nutter turned to new NAACP branch paid her a small month- ‘‘They took me into their family and I got the YWCA, which placed her in an apartment ly stipend and parents sold cookies on week- to go to all the dances because I was with with the family of Willie Mack Washington, ends to help but Mrs. Nutter said she would them,’’ remembers Mrs. Nutter. ‘‘Count the drummer in Bennie Moten’s famous or- have done it for nothing. ‘‘It was the right Basie was the piano player and we had a ball. chestra. thing to do,’’ she said. Later on, my house became a party house She would become fast friends with Moten When the suit finally came to trial, she and everyone would come to my house. Ev- and a young Count Basie, who played piano was a key witness in the watershed desegre- eryone had a piano then, it was the first in Moten’s band. gation case, Webb vs. School District 90. ‘‘I thing I bought. I wished I had a nickel for ‘‘I got a chance to go to all the dances and told them the truth,’’ she said. ‘‘The school every time Court Basie played my piano.’’ hear all the orchestras that came from out of Looking back on her long career, Mrs. Nut- was dilapidated. We had no modern conven- town,’’ she recalled. ‘‘I got in free because I ter doesn’t believe she ever did anything spe- iences, had to go outside to go to the toilet. was with them. And after the dance, those cial. ‘‘I appreciate people thinking about me. If they were going to build a new school and musicians wouldn’t want to go right home I always felt you should choose something the parents were paying taxes like everybody and go to bed. So our house was the party that’s best for you and do it right.’’ else, why couldn’t their children go? Schools house.’’ shouldn’t be for a color. They should be for As for scrubbing those floors like her Despite the good times, she held fast to her children.’’ mother? Never happened. ‘‘I’ve never Triumph was finally achieved in 1949 and scrubbed a floor in my life,’’ she proclaims dream of earning an education. would pave the way for other legal chal- proudly. Even though she was older than most of lenges including the historical Brown vs. To- Open to the public, tickets for the gala din- the students, she eventually graduated from peka Board of Education in 1954. Now the ner and induction festivities Nov. 1 are $55 high school in 1936. Two years later, she home of the Philadelphia Baptist church, and can be reserved by calling the Endow- completed a junior college program at West- Walker Elementary still bears a historical ment Association at KCKCC (913–288–7632). ern University in Kansas City, Kan., earning marker that serves as the lone testament to her teaching certificate. its place in history. [From the Kansas City Star, Feb. 12, 2004] She began teaching, but also spent her After a year and a half earning a Bachelor CIVIL-RIGHTS LEADER NUTTER DIES AT 97 summers attending Emporia State Teachers of Science degree at Emporia State, Mrs. College in search of a bachelor’s degree. It (By Finn Bullers) Nutter would return to the classroom but took her more than 10 years, but she re- this time as principal in an all-black school Corinthian Nutter, a civil-rights pioneer ceived her bachelor’s degree in education in in Olathe. When Olathe integrated a few who helped to desegregate Merriam schools 1950, not long after the South Park decision. years later, she became principal at the dis- years before the historic Brown v. Board of Eventually, she would earn a master’s de- trict’s newest school, Westview, although for Education of Topeka ruling, died Wednesday gree and do most of the work toward a doc- several years she was the only person—staff night. torate. She became a life member of the or children—of color. Returning to the class- She was 97. American Association of University Women. Humble and self-effacing, she was known room to teach sixth grade and then fifth In 1941, she married Austin K. Nutter, and to many friends, admirers and former pupils grade, she retired from teaching at age 65 in the marriage lasted until his death in 1998. 1972. as simply ‘‘Miss Nutter.’’ As the only black in the school, she re- She was the only certified teacher at Walk- After the South Park case, Nutter spent ceived some resistance from parents but her er Elementary, Merriam’s school for black many years as a sixth-grade teacher at teaching ethics earned her the love of her children in the late 1940s. The building was Westview Elementary School in Olathe. She students and some of the same parents who old and lacked indoor plumbing, and the stu- also served for a time as principal of the originally questioned her later tried to get dents made do with books and supplies dis- school. their children into her class. carded by other schools. She retired in 1972. The list of her former students is as im- Things reached a tipping point when Looking back over her life and the role she pressive as it is long and often as not, the School District 90 constructed a new build- played in the battle to desegregate schools, first person those former students look up ing, South Park Elementary, for white pu- Nutter was humble about her role. when they get back in town is Mrs. Nutter. pils nearby. Stung by the inequity between ‘‘I was just the teacher who could tell the ‘‘Many of them are grandparents but I still Walker and South Park, the African-Amer- tale,’’ she said. ‘‘I just don’t think I’ve done call them kids,’’ she says. ican community in Merriam rallied together, anything outstanding.’’ E776 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 RECOGNIZING BENEFITS AND IM- an image of an Iraqi rolling out of a vehicle RECOGNITION OF MR. ANDREW PORTANCE OF SCHOOL-BASED engulfed in flames, only to be shot by an JACKSON HIGGINS MUSIC EDUCATION American soldier; Ms. Meyer photographed a gripping scene of American troops risking their HON. TOM OSBORNE SPEECH OF lives to save a wounded civilian. OF NEBRASKA HON. DANNY K. DAVIS The Pulitzer is Leeson’s first. He had been IN THE HOUSE OF REPRESENTATIVES a Pulitzer finalist three other times. The Iraq OF ILLINOIS Thursday, May 6, 2004 war is the 11th major conflict Leeson has cov- IN THE HOUSE OF REPRESENTATIVES ered. He has also produced work on the Mr. OSBORNE. Mr. Speaker, I rise today to Tuesday, May 4, 2004 apartheid in South Africa, a portion of the Gulf honor the accomplishments of Mr. Andrew Mr. DAVIS of Illinois. Mr. Speaker, I rise War and flooding in Southeast Texas. Jackson Higgins whom President Eisenhower today in support of H. Con. Res. 380, to ac- It was the first Pulitzer for Ms. Meyer also, once said is ‘‘The man who won the war for us’’, referring to his development and produc- knowledge the great benefits and the impor- a News photographer since 2000. In late tion of Patrol Torpedo (PT) boats that landed tance of music in our Nation’s schools. 2001, she traveled to Afghanistan to photo- We know music education helps young graph the war on terrorism and its effects to on the shores of many beaches during World War II. minds to develop creativity and expression of topple the oppressive Taliban regime. She has Andrew Jackson Higgins was born on Au- emotions. Studies show that early music train- received numerous awards for her body of gust 28, 1886, in Columbus, Nebraska, to work there including the John Faber Award ing can enhance a child’s ability to reason and John Gonigle and Anna Long (O’Conner) Hig- from the Overseas Press Club. In April 2002, think critically, that children exposed to music gins. His innovative mind showed itself at an Ms. Meyer traveled to the Philippines and In- at a young age learn better in other subjects, early age, and by 12 years old, he was moti- donesia where she photographed Muslim and and that children trained in music score signifi- vated to build his first craft in the basement of cantly higher on reading tests than those who Christian extremism and the violence caused his home. The shallow water boats that floated were not. Unfortunately, these programs are by religious hatred. along the Loup and Platte Rivers during his being cut from more and more schools with Mr. Speaker, I also congratulate the Dallas childhood inspired him. the majority of students attending public Morning News’ entire staff for their seventh His passion for boats did not stop in his schools in inner city neighborhoods having vir- Pulitzer. childhood; Mr. Higgins organized Higgins In- tually no access to music education, which Mr. Leeson and Ms. Meyer, I commend you dustries, Inc. in 1930, to build boats for his places them at a disadvantage compared to for this great accomplishment. Keep capturing lumber business. He began designing boats their peers in other communities. those shots because they are worth a thou- because of navigation problems he encoun- Although studies show the great outcomes sand words. tered involving the moving of logs in shallow of having music education, local budget cuts f waterways. The structure of these shallow are depriving approximately 30,000,000 stu- boats eventually led to the development of the dents of an education that includes music. It is IN MEMORY OF CAPTAIN ARTHUR L. FELDER PT boats and their capability to travel in shal- not only at the local level that is forcing low water. schools to abandon music education but the He also created PT boats, which were also lack of federal funding as well. As our schools HON. MIKE ROSS known as Higgins Boats. Higgins Boats, con- struggle to meet No Child Left Behind guide- OF ARKANSAS structed of wood and steel, transported fully- lines without full funding, provide education to IN THE HOUSE OF REPRESENTATIVES armed troops, light tanks, field artillery, and all students without full funding for IDEA, Thursday, May 6, 2004 other mechanized equipment essential to Al- schools are faced with making the decisions to lied versatile operations including the decisive cut music, art, after school activities or being Mr. ROSS. Mr. Speaker, I rise today to D-Day attack at Normandy, France. He contin- labeled a failing school. We need to not only honor Captain Arthur L. Felder of Lewisville, ued to design boats and eventually engi- recognize the benefits and importance of AR, who died on April 24, 2004, fighting for neered over 20,000, including rocket-firing music education, but embrace it, realize the his country in Taji, Iraq. Arthur ‘‘Bo’’ Felder, landing craft support boats, high-speed boats need for it and other art education programs just 36 years old, was one of four soldiers and various types of military landing craft. in all of our nation’s schools and most impor- killed during an attack on the base camp of Following the D-Day attack, thousands of tantly save music education from becoming the Arkansas’s 39th Infantry Brigade. I wish to lesser-known assaults employed Higgins extinct. Without music education so many of recognize his life and achievements. Boats, which included landing on the beaches our great musicians that we admire today— Bo spent nearly two decades serving the of Guadalcanal, Iwo Jima, Tarawa, Okinawa, would be doing something else. But the school Army and National Guard. During that time, he Leyte, and Guam. Mr. Higgins not only spe- music program was there for them and we served in peacekeeping missions in Bosnia cialized in landing craft such as PT boats, but need to have it there for the next generation and Honduras. While not serving our country, also constructed freight supply ships and air- of musicians. children were Bo’s passion, and he spent borne lifeboats that could be dropped from B– much of life involved with youth. He worked at f 17 Bombers. Step One Alternative school in Little Rock, a The production of Higgins Boats enabled COMMENDING DAVID LEESON AND school for kids with legal troubles, and served Mr. Higgins to establish four major assembly CHERYL DIAZ MEYER OF DAL- as a youth director at St. Luke Missionary plants in New Orleans for mass construction LAS MORNING NEWS STAFF, Baptist Church in North Little Rock. of landing craft and other vessels vital to the WINNERS OF 2004 PULITZER I am deeply saddened by the tragic loss of Allied forces’ conduct of World War II. He also PRIZE FOR BREAKING NEWS soldiers from Arkansas’s 39th Brigade, who trained over 30,000 Navy, Marine, and Coast PHOTOGRAPH died while supporting Operation Iraqi Free- Guard personnel on the safe operation of dom. These brave Americans lost their lives landing craft at the Higgins’ Boat Operators HON. EDDIE BERNICE JOHNSON while making the ultimate sacrifice to serve School. OF TEXAS our country, and I will be forever grateful to Mr. Higgins had another great accomplish- IN THE HOUSE OF REPRESENTATIVES them for their courageous spirit. ment during World War II that established a Bo gave his life to serve our country and will progressive social policy at Higgins Industries Thursday, May 6, 2004 forever be remembered as a hero, a son, and Inc. He employed a fully integrated assembly Ms. EDDIE BERNICE JOHNSON. Mr. a father. My deepest condolences go out to workforce of black and white men and women. Speaker, I rise to congratulate two great jour- his son Jaelun, eight years old, his daughter His policy was equal pay for equal work, dec- nalists, David Leeson and Cheryl Diaz Meyer Amari, four years old, his mother, Dr. Cheryl ades before integration and racial and gender of Dallas Morning News, who were recently Stuart, his brothers, Robert Stuart and Littrelle equality became the law of our land. awarded the 2004 Pulitzer Prize for Breaking Felder, and two sisters, Gwendolyn Gingery In 1964, the former President Dwight D. Ei- News Photography. and Kelana Greer. I know Bo was proud of his senhower said of Andrew Jackson Higgins, We Texans saw blood spill, tears shed and service to the U.S. Army and to our country. ‘‘He is the man who won the war for us. If Mr. conflict unfold in the trenches of Iraq through He will be missed by his family, fellow sol- Higgins had not developed and produced their camera lens. diers, and all those who knew him and count- those landing craft, we never could have gone Mr. Leeson, who was with the U.S. Army’s ed him as a friend. I will continue to keep Bo in over an open beach. We would have had to Third Infantry Division for six weeks, captured and his family in my thoughts and prayers. change the entire strategy of the war.’’ CONGRESSIONAL RECORD — Extensions of Remarks E777 Mr. Higgins enriched the lives of everyone IN RECOGNITION THE MOTHERS’ those with autism will never marry, they will fortunate enough to have known him. Mr. CLUB OF PINE CREST SCHOOL never live independently, and more than half Speaker, on behalf of the House of Rep- of them will never learn to speak. Families af- resentatives, we extend our deepest apprecia- HON. E. CLAY SHAW, JR. fected by autism are forced to bear an extraor- dinary burden. Parents, siblings and friends tion to Mr. Higgins’ family and friends. Please OF FLORIDA have to learn to try to communicate with and join me in honoring Mr. Andrew Jackson Hig- IN THE HOUSE OF REPRESENTATIVES care for a child who may be incapable of ei- gins, an exceptional individual who dedicated Thursday, May 6, 2004 ther verbal or nonverbal communication or his life to the service of our country. Mr. SHAW. Mr. Speaker, I rise today to rec- who may exhibit erratic behavior. The fact that ognize the Mothers’ Club of Pine Crest School autism is so common is proof that autism re- f in Fort Lauderdale, Florida. For 60 years, the search is deserving of our nation’s whole- Mothers’ Club has been the lifeblood of Pine hearted support. COMMENDING THE ALAMEDA COR- Crest School. The organization is comprised Funding for autism research at the National RIDOR TRANSPORTATION AU- of over 450 mothers of current elementary-age Institutes of Health has been increased from THORITY students. approximately $93 million in Fiscal Year 2003 The Mothers’ Club works diligently behind to $96 million in Fiscal Year 2004, but we the scenes to ensure an optimal educational know that is not enough. Scientists continue to HON. XAVIER BECERRA experience for Pine Crest’s students. They disagree on the cause or causes for the dra- matic increase in the number of autism cases OF CALIFORNIA promote community by organizing orientation programs which help acclimate new students diagnosed in the United States. Only with in- IN THE HOUSE OF REPRESENTATIVES and their parents to Pine Crest School. Every creased research will we be able to under- stand autism, find better treatments and effec- Pine Crest School event benefits from the Thursday, May 6, 2004 tive prevention methods, and hopefully, some- support, involvement and assistance of the day soon, develop a cure for this terrible dis- Mr. BECERRA. Mr. Speaker, I rise to com- Mothers’ Club. The Mothers’ Club coordinates ease. mend the Alameda Corridor Transportation family barbecues, holiday gatherings and a I am pleased to be here today as a cospon- Authority (ACTA). Earlier today, ACTA rep- festival of the arts. sor of H. Res. 605. I applaud Representative resentatives formally presented the U.S. De- The Mothers’ Club always lovingly and will- TIERNEY for authoring this Resolution and partment of Transportation with the final pay- ingly contributes to Pine Crest School, in any working to bring attention and resources to an ments for a loan, including interest, which to- capacity necessary. This includes coordinating all too common, but devastating disorder. At tals nearly $573 million. This final payment and chaperoning an annual field trip to Wash- its peak, there were 20,000 cases of polio was made 28 years ahead of schedule. ington, D.C. These dedicated mothers volun- each year. Today, less than 10 Americans teer in the classrooms and tutor students, as- contract polio annually. By working together Opened on time and within budget, the Ala- sist in the library and implement a book share and by never giving up, I know we can make meda Corridor is a 20-mile rail expressway program, and serve lunch to students. autism just as rare. Thank you, Mr. Speaker. connecting dock terminals in the Ports of Los Mr. Speaker, the efforts of the Mothers’ f Angeles and Long Beach to transcontinental Club benefit not only Pine Crest School but rail yards located in downtown Los Angeles. also the greater South Florida community. RECOGNIZING THE IMPORTANCE The project proceeds primarily along and adja- These women coordinate various philanthropic OF INCREASING AWARENESS OF AUTISM cent to Alameda Street—with grade separa- endeavors to benefit local charities. Their hard work is noticed and appreciated throughout tions to safeguard local communities and pe- SPEECH OF South Florida. In honor of their hard work for destrian and vehicle traffic—through or bor- the last 60 years, I wish to recognize and dering the cities of Vernon, Huntington Park, HON. LEE TERRY commend the wonderful women of Pine Crest OF NEBRASKA South Gate, Lynwood, Compton, Carson, Los School’s Mothers’ Club for their dedicated IN THE HOUSE OF REPRESENTATIVES Angeles, and the County of Los Angeles. service to children and elementary education. Wednesday, May 5, 2004 Much of the Corridor’s success was made f Mr. TERRY. Mr. President, I rise in strong possible by an innovative federal loan, which RECOGNIZING THE IMPORTANCE support of H. Res. 605 to support National Au- deferred debt service repayments in the early OF INCREASING AWARENESS OF tism Awareness Month; commend the parents years of the project and allowed for financing AUTISM and caregivers of autistic children; support ag- at reasonable interest rates through the bond gressive research into autism; and recognize market. In fact, this novel financing approach SPEECH OF the importance of early intervention. was the basis for the Transportation Infrastruc- HON. STEVEN R. ROTHMAN If you were to see nine-year-old Jacob ture Financing and Innovation Act of 1998 Nolan Hirschfeld on the baseball diamond OF NEW JERSEY (TIFIA), a national program to select projects today you might be impressed with his skills in IN THE HOUSE OF REPRESENTATIVES playing our national pastime. Since his middle for credit assistance. Wednesday, May 5, 2004 name was inspired by the great pitcher Nolan The Alameda Corridor is a project of na- Ryan, you might also think that his success on Mr. ROTHMAN. Mr. Speaker, I rise today in tional significance as it facilitates the move- the field was destined. But Jacob’s ability to support of House Resolution 605 to recognize ment of commerce from around the world to play baseball, and to do everyday things such the importance of generating awareness about as attending school and playing with friends, the entire nation. The Ports of Los Angeles autism, increasing research efforts into this and Long Beach together handle more than were never guaranteed. terrible disorder, and improving support for Jacob Hirschfeld has been diagnosed with 40 percent of the nation’s imports by value. those who suffer from autism and those who autism. More than 2 million jobs nationwide are asso- help care for the autistic. My 13 year old Jake struggles with most of the issues com- ciated with trade through these ports. These nephew Jack has autism, so I am part of an mon among the autistic. At four years of age workers, and this country, benefit from the extended family working to raise a child with he could only speak in one syllable words. He Federal government’s role in assuming the this disability. My family’s ongoing experience was scared of loud noises and bright lights. early project risk that made the Alameda Cor- has impressed upon me how critical it is for He had many of the compulsions that are ridor possible. us, as a society, to give those with autism and common with these children, and was fearful their families the support they need to fight Mr. Speaker, in closing, let me again con- of most people outside of his immediate fam- this devastating disease, and to commit the ily. Jacob’s father, Mark Hirschfeld, has said gratulate the ACTA team for their manage- resources necessary to determine the cause ‘‘our family was literally a prisoner to autism.’’ ment of the project and the early loan repay- of autism and to develop a cure for the mil- Jake’s diagnosis was devastating to his par- ment completed today. The Alameda Corridor lions of afflicted individuals. ents. But even more difficult was the fact that is a model project and has set a new standard Autism is not rare. Autism effects approxi- physicians, educators and other professionals for excellence. I look forward to working on fu- mately 1 in every 166 children in the United had little understanding of this complex dis- ture ‘‘goods movement’’ projects such as this States, making it one of the most common order and what could be done to help children that will benefit our region and the Nation. childhood medical disorders. In many cases, like Jacob. Stereotypes abounded. E778 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 One physician told the Hirschfeld’s that Jake $30,000 per autistic child. Services are need- cated by the number of Americans infected had no better than a one in ten chance of liv- ed to help reduce these burdens on families with this virus it is clearly a much more wide- ing outside of institutional care. Jake’s mother, and society. spread concern. As a nation we must begin Nancy, recalls that ‘‘one preschool initially Mr. Speaker, there is a great need for in- confronting the rising human and economic turned away our son because of their fear of creased public awareness about autism, and costs of this virus. And we in Congress must autism, but once they began to see Jake as more aggressive research into this disorder to begin confronting the policy choices we need a person who had unique gifts as well as chal- help American families like the Hirschfeld’s to make to stem these costs. Passing this res- lenges they accepted him.’’ and the McDermott’s. I am proud to be a co- olution will be an important step in this proc- Thankfully, the Hirschfeld family persevered sponsor of H. Res. 605, and urge my col- ess. and sought services to help their son. Their leagues to join me in wholeheartedly voting for f search led them to engage an intensive early its passage today. intervention therapy called Applied Behavior f EXPRESSING CONCERN OF CON- Analysis, or ABA. This therapy has been avail- GRESS OVER IRAN’S DEVELOP- able for over twenty years, and was recently RESOLUTION EXPRESSING THE MENT OF MEANS TO PRODUCE featured on NBC Nightly News and ABC’s SENSE OF THE HOUSE THAT NUCLEAR WEAPONS Primetime Live. It is one of the treatments that THERE IS A NEED FOR IN- can significantly reduce the symptoms of au- CREASED EDUCATION AND SPEECH OF tism. Because the cause or causes of autism AWARENESS ABOUT HEPATITIS C HON. JIM McDERMOTT have yet to be identified, early intervention is OF WASHINGTON the best course available for parents today. HON. TOM UDALL IN THE HOUSE OF REPRESENTATIVES Unfortunately, these services are not univer- OF NEW MEXICO sally supported by public or private insurance, IN THE HOUSE OF REPRESENTATIVES Wednesday, May 5, 2004 so families like the Hirschfeld’s pay up to Thursday, May 6, 2004 Mr. MCDERMOTT. Mr. Speaker, I abhor nu- $60,000 per year to help their children. In the clear weapons and would like nothing better State of Nebraska, there are now organiza- Mr. UDALL of New Mexico. Mr. Speaker, than to see the world free of these weapons. tions who offer these services, including the May has been designated as Hepatitis Aware- I believe that Iran is a nation that we cannot Families for Effective Autism Treatment, or ness month. In light of that, I rise today to trust. I also believe the House Concurrent FEAT. Although FEAT now serves over 20 highlight one type of Hepatitis that is an impor- Resolution rushed through Congress by the families in Eastern Nebraska, countless other tant health issue facing our country—the Hep- Republicans with little debate and even less families nationwide cannot access this treat- atitis C virus. Hepatitis C is now the most clarity in intent is wrong, and I cannot support ment because of its prohibitive cost. common bloodborne infection in the United it. But the tremendous investment can pay States infecting an estimated 2.7 million Amer- The wording of the Iran Resolution reminds great dividends. Jacob Hirschfeld could once icans and more than 32,000 in my home State me of the blank check the President got for barely speak, but he was recently one of the of New Mexico alone. Further exacerbating Iraq. Here’s what I mean. The relevant portion stars in an Easter musical at his school. He the situation is the fact that it is estimated that of Section 2 of the Iran Resolution says: ‘‘... was once scared of most people, but is now less than 5 percent of individuals with Hepa- to use all appropriate means to deter, dis- regularly seen riding his bike around the titis C are receiving treatment. These statistics suade and prevent Iran from acquiring nuclear neighborhood, greeting neighbors and playing alone underscore the critical need to increase weapons. . . .’’ We must not make the same with friends. And yes, he plays a pretty decent education and awareness about this virus. mistake twice. We need to deal with Iran. We game of baseball. Jake has come a long way, Today I am introducing a resolution that calls need to deal with nuclear weapons programs, but he will continue to need services to help for exactly that. but this is not the way to do it. him along his journey, just as many autistic Mr. Speaker, in addition to the figures I f children in America need support and care. mentioned above, it is also worth noting that Early intervention has also made a dif- approximately 80 percent of those infected REMARKS BY THE HONORABLE ference in the lives of Patrick and Jean with Hepatitis C develop chronic liver disease DAVE OBEY McDermott, and their son, Grant, who was di- with an increased risk for development of cir- agnosed with autism when he was 22 months rhosis and liver cancer. In fact, in the United HON. TAMMY BALDWIN old. States Hepatitis C is estimated to be the OF WISCONSIN Grant’s mother Jean said ‘‘it was dev- cause of 40 percent to 60 percent of cases of astating to hear the words ‘diagnosis of au- chronic liver disease and 8,000 to 10,000 IN THE HOUSE OF REPRESENTATIVES tism’ as parents of this beautiful child. My hus- deaths annually. Thursday, May 6, 2004 band and I wondered what his future would One population in our society for whom Ms. BALDWIN. Mr. Speaker, I rise to submit hold. After the initial shock, we started re- Hepatitis C is a particular concern is our vet- the humble, humorous and insightful remarks searching what we could do to give him a erans. A study released in July 2003 meas- of my dear friend and Dean of the Wisconsin brighter future.’’ ured the prevalence of Hepatitis C in a sample Congressional Delegation, the Honorable of veterans treated in a homeless veterans The McDermott’s also chose the ADA early DAVE OBEY. The gentleman was the honored intervention therapy. Therapists worked with program in Massachusetts over a five-year pe- guest recently at the University of Wisconsin- Grant about 35 hours a week, teaching him riod. The study found an overall prevalence Madison’s Department of Political Science as basic and then more advanced skills. Grant is rate of HCV infection of 44 percent, a rate it celebrated its Centennial. I was given a copy now in regular school with no aides, and will more than 10 times higher than the national of his remarks and was captivated. Written be going to kindergarten this Fall. His future is rate for men age 20–59. According to the with his characteristic no nonsense Wisconsin looking bright and the McDermott’s believe he study, adjusting for age, significant risk factors affect, this wonderful speech is a treasure to will live a full life, but it will always be a chal- in the sample included a history of substance be shared. To that end, I submit it for the abuse and service during the Vietnam era. lenge having an autistic son until a cure can CONGRESSIONAL RECORD. However, this is by no means the only at-risk be found. I came to Madison in 1958—after two years Autism now affects 1 out of every 166 chil- population. at the UW-Marathon County Center in dren in the United States. Boys are four times Native Americans are another segment of Wausau—to get a poly-sci degree. more likely to have autism than girls. This de- our population who are experiencing the de- Arthur Henderson, my high school history velopmental disorder robs individuals of their structive effects of the Hepatitis C virus. Al- teacher, who had worked with the great Wil- ability to communicate and interact with oth- though Native Americans experience infection liam Hesseltine, told me that I should seek ers. Some autistic children seem barely able rates on average with other populations, be- out Ralph Huitt as my faculty advisor and to distinguish their parents from strangers. cause of other obstacles to accessing care take as many courses from him as possible if The costs of caring for autistic individuals is and accessing quality care, they are experi- I wanted to understand how government and politics really worked. That’s exactly what I high financially as well as emotionally. Nation- encing much higher death rates and years of did. wide, an estimated $90 billion is spent every life lost as a result of chronic liver disease. I had many other fabulous professors: Leon year. Specialized treatment in developmental Mr. Speaker, these are but two examples of Epstein, Bernie Cohen, Fred von der Mehden, centers costs about $80,000 per child, and specific demographic groups dealing with the David Fellman, John Armstrong, Henry special education programs cost about realities of the Hepatitis C virus. But as indi- Hart, to name a few. CONGRESSIONAL RECORD — Extensions of Remarks E779 And in the history and econ departments, the top, added the letters ‘‘D-1-S’’ in front of as something special in the American experi- people like: Selig Perlman, Michael Lodge’s name so the signs read ‘‘Dislodge ence. Petrovich, George Mosse, David Granick. Nixon’’ and sounded a small dissent at the You simply cannot live in Wisconsin and It’s amazing to me how much of what they rally the next morning. go to the University of Wisconsin without taught me has had direct relevance in my After the election we needed the help of recognizing the centrality of the La Follette later life. I treasure what I learned here—in the faculty to get one of our friends out of progressive tradition that is at the heart of and out of class—and I treasure the memo- trouble. In 1961 the Republican Leadership in Wisconsin history, and the linkage the Uni- ries. the Legislature called upon Governor Nelson versity has with that tradition. I attended here at the same time as Bill to fire his Secretary, Esther Kaplan, after The greatest public servant Wisconsin ever Steiger, who later was my Republican oppo- she had circulated a petition calling for the produced was Robert La Follette. Before La site image in Congress and one of the finest abolition of the House Un-American Activi- Follette led his Progressive revolution, Wis- politicians I have ever known. Bill was elect- ties Committee. The Republican Leadership consin’s politics was owned lock, stock, and ed to the State Assembly in 1960; I followed introduced a resolution praising HUAC and barrel by the railroads, the mining compa- him in 1962. He was elected to Congress in held a Nelson bashing hearing on it in the nies, and the timber interests. Government 1966; I followed 27 months later. But in the State Assembly Chambers. My friend, Dave was geared to promote the welfare of those late 1950s, we were both still here and had Sheridan, was so angered by the resolution engaged in the production of wealth. The in- two classes together. that he put on his ROTC uniform, walked terest of the working class was an after One was Constitutional law with Dave down to the Capitol, and testified against thought. La Follette changed all that—aided Fellman. For those of you who do not know the resolution. and abetted by the University. La Follette Fellman, his style was much like the law ‘‘I know that you are claiming that anyone changed the focus of Wisconsin government professor played by John Housman in the TV opposed to HUAC is either a traitor or a from enriching the few at the expense of the series ‘‘Paper Chase’’—dry and acerbic. communist dupe,’’ Sheridan said. ‘‘I’m wear- many to enriching the few by enriching the Steiger was ‘‘Big Man on Campus.’’ His fa- ing this uniform to demonstrate that while I many. In short, he was Hubert Humphrey be- ther, Carl Steiger, was President of the may be a dupe, I’m certainly no traitor.’’ fore Hubert Humphrey. Board of Regents, and Bill was well known The Republican Leadership was enraged and The original Wisconsin practitioner of the and active in everything. On the first day of moved to have Sheridan thrown out of the art of ‘‘Percolate Up’’ rather than ‘‘Trickle class, Steiger walked into Fellman’s class ROTC program because he had worn his uni- Down’’ economics, La Follette’s mission and about 5 minutes late. Chagrined, he walked form to testify—in violation of Army rules. passion was to keep the big boys honest in gingerly to his seat. Fellman paused, peered A number of Dave’s friends on the faculty order to include everybody in the circle of at Steiger over his glasses, and said icily, went to Ralph Huitt and several others to prosperity and progress. He was the Andrew ‘‘Please pardon me, Mr. Steiger. Ordinarily get some advice on how to save Sheridan’s Jackson of his time and place. He understood that America is a capitalist we would have an usher escort you to your hide. Huitt (or someone else on the faculty) economy, but it is also more than just an seat. Unfortunately, our carnations have not called Carlisle Runge a UW law professor economy; it is democracy. And as a democ- yet arrived.’’ Bill turned blood red. No one in who had been named a high Pentagon post by racy, it is supposed to stand for the greatest that class was late after that. Kennedy, and got Sheridan off with a rep- good for the greatest number, even as it re- I remember in 1960 the first time I met rimand. Years later it was to be my great Jack Kennedy. Kennedy and Hubert Hum- spects the rights of the individual. pleasure to cast a vote that disbanded HUAC. He understood that capitalism works phrey were running against each other in the And there were some other pleasures. In through market forces that cannot be re- Wisconsin presidential primary. I was run- his course on legislation, Huitt scheduled a pealed, but that democracy is not just ‘‘Of, ning Humphrey’s campaign on campus. Mock Senate, role playing exercise one One evening I was chairing a meeting in By, and For the Markets.’’ It is designed to weekend in the State Assembly Chambers at be ‘‘Of, By and For the People!’’ He believed the student union. We knew Jackie Kennedy the Capitol. Each student was assigned to was upstairs at a fashion show, but we didn’t that Darwin’s law of the survival of the fit- play an individual, real life U.S. Senator. test might be good enough for the animal know that Jack was with her. Halfway Fittingly, Bill Steiger was assigned to play world, but not good enough for the world of through our meeting, the door to our room Everett Dirksen, the Republican Floor Lead- man. He wanted balanced capitalism, not a opened and Kennedy poked his head in. ‘‘I er. I was assigned to play Senator William new feudalism in disguise. And he intended understand this is a meeting of the Young Fullbright. It was my task to try to push a to use the tools of government to achieve it. Democrats he said.’’ ‘‘Not quite,’’ I re- foreign aid bill through the Senate. I had no And he used the resources of the University sponded, ‘‘this is a meeting of the Humphrey idea that 25 years later I would Chair the to help him in his task. for President club.’’ ‘‘Well, do you mind if I Foreign Operations Appropriations Sub- Helped by scholars, such as Frederick come in and say hello?’’ he asked. ‘‘Of course committee, which had the responsibility to Jackson Turner, Richard Ely, and John R. not,’’ I responded. Kennedy came in, shook handle all foreign aid appropriations. Commons, he began the process by writing hands around the table, wished us luck but And there were so many other links in the legislation to loosen the stranglehold of the not too much, and moved on. chain. railroads on Wisconsin’s farmers and econ- That same year I met Jackie Robinson and A large part of that Foreign Operations omy. What La Follette began, before he wound up wanting to strangle him. Gaylord Committee responsibility would be to shape moved to the U.S. Senate, reached its zenith Nelson, the new Governor, called me one development aid to the Third World, the re- under Governor Francis McGovern. afternoon. Nelson was officially neutral, but gion that was the focus of Fred von der The legendary Charles McCarthy, a Univer- personally favored Humphrey over Kennedy. Mehden’s and Henry Hart’s courses on Third sity product, created Wisconsin’s pioneering When he called me, he said, ‘‘Dave, Jackie World politics. Legislative Reference Bureau. He and more Robinson is coming to town to endorse Hu- Another strong focus for the committee than 40 other University figures were at the bert. Get a room at the union, build a crowd, was the Middle East. Next to the Soviet center of pioneering progressive achieve- and you can introduce us.’’ Union, my main regional interest in Con- ments— We had a huge crowd for him. I emceed the gress has been the Middle East. That interest Achievements like: The nation’s first meeting and introduced Gaylord, who intro- was first triggered by series of debates that workers’ compensation program, workers’ duced Robinson. Robinson gave a ringing en- two faculty members at the UW-Marathon safety legislation, a State Industrial Com- dorsement of Humphrey and then opened up County Center, Dr. Sam Weiner and Dr. Bob mission, limits on the hours of work for to questions. The first question from the Najem, had conducted after the 1956 Mid- women and children, forest protection legis- press was, ‘‘Mr. Robinson, you have endorsed East war. lation, the nation’s first progressive income Senator Humphrey, but what if he loses to Of course, I knew nothing of those future tax, and so many others. Senator Kennedy in the primary?’’ Robinson linkages then. Certainly, in graduate school In his autobiography La Follette explained said, ‘‘Why then I’ll endorse Nixon.’’ The under John Armstrong where I focused on his passion for economic justice and the role crowd gasped and the press ran for the Russian area studies and expected to wind up the University played in nurturing and fur- phones to call their papers. What was sup- teaching Russian government somewhere, I thering it. In that autobiography, a Follette posed to be a good day for Humphrey turned had no idea that 30 years later I would be wrote the following. ‘‘I shall never forget the into an even better one for Nixon. partnering with Indiana Congressman Lee speech I heard the old Chief Justice of Wis- As you know, Kennedy did win the nomina- Hamilton to shepherd through Congress aid consin, Edward G. Ryan, make to the grad- tion and squared off against Nixon. The last packages for Russia and Eastern Europe uating class at Madison in June of 1883 just week of the election it was announced that after Gorbachev allowed the Soviet block to before I entered the University,’’ La Follette Nixon’s plane would touch down for an early crumble, virtually without a shot. said: Saturday morning rally at Truax field on the I’m grateful for all those memories and for ‘‘There is looming up a new and dark way to California. Bill Whitford, Tom the substantive grounding the University power . . . the enterprises of the country are Eckerle, and I decided we wanted to crash gave me to prepare me for my congressional aggregating vast corporate combinations of the rally. We went down to GOP head- responsibilities. But the grounding I received unexampled capital, boldly marching not for quarters and wheedled a bunch of Nixon from the University was not just because of economic conquest only, but for political Lodge signs (Nixon’s running mate that year the courses I took. It was also because of the power. For the first time really in our poli- was Henry Cabot Lodge). We cut Lodge’s spirit, the philosophy, the progressive mind- tics money is taking the field as an orga- name off the bottom of the sign, moved it to set that defined the University and set it off nized power . . . The question will arise in E780 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 your day . . . which shall rule—wealth or work provides sufficient rewards, that work- another fact. More than half of all college man; which shall lead—money or intellect; ing people can support their families. It’s a graduates graduate with debts above $15,000. who shall fill public stations—education and myth that has become so divorced from re- If La Follette were planning to go to law patriotic free men or the feudal serfs of cor- ality that it might as well begin with the school today, he couldn’t afford it. How porate capital?’’ words ‘‘Once upon a time.’’ Why does many La Follettes or Gaylord Nelsons or Bill La Follette then goes on to say that that Quindlen say that? Because one out of every Steigers are we today passing over? speech kindled in him the spirit he carried four American workers makes less than $8.70 What would he and the University greats throughout his public service. As La Follette an hour—poverty level for a family of four. of old say about a government which, when described it, ‘‘It grew out of the intellectual La Follette and the past greats of the Uni- struggling with a $500 billion deficit, a huge awakening . . . the very center and inspira- versity would be stunned to see that in one Social Security deficit, record long-term un- tion point of which in Wisconsin was then, generation America has gone from being the employment, and 44 million people without and has been ever since, the University at industrial society with the smallest gap be- health insurance, decides that the number Madison. It is difficult indeed to overesti- tween rich and poor to the one with the larg- one priority in the budget next year is to mate the part which the University has est. provide a $155,000 tax cut to someone making played in the Wisconsin revolution,’’ La They would be astounded to see that the a million dollars while we short fund elemen- Follette said. ‘‘For myself,’’ he said, ‘‘I owe safety net, which they fought so hard to con- tary and secondary education by $9 billion what I am and what I have done largely to struct, has not been nearly strong enough for and continue to tolerate a two-tier system the inspiration I received while there. It was large portions of our population. for access to higher education or quality not so much the actual courses of study They would be appalled that the number of health care. which I pursued; it was rather the spirit of Americans without health insurance has We all love this country. In spite of all its the institution—a high spirit of earnest en- grown by 4 million people in less than a dec- short comings, this is a great country. But deavor, a spirit of fresh interest in new ade. shame on us for allowing such an outcome. things, and beyond all else, a sense that They would see shame in the fact that the We must do better. somehow the state and the University were most well off 1 percent of America’s families I thank the University—and you should, intimately related and that they should be of enjoy control over 33 percent of the nation’s too—for its tradition of producing graduates mutual service.’’ wealth while the bottom 50 percent struggle and citizens who are never satisfied, for it’s La Follette’s attachment to the University to maintain 2.8 percent of the nation’s tradition of saying ‘‘We can do better!’’ For was understandable and fitting. He was the wealth. the sake of the kind of country we want first graduate of the University to become They would be dismayed to see how little America to be, let’s all do our part to live up Governor. The legendary Charles Van Hise heed has been paid to the warning of Adam to that tradition. was a member of that same graduating Smith, the founding high priest of cap- Now, I’m sure that some of you may class—the first person to obtain a PhD from italism, that without fair rules of the game strongly disagree with the thrust of what I the University, he was later effectively ap- to keep markets honest that capitalism have said today. That’s o.k. As Will Rogers pointed University President by La Follette. could be misaligned into a system that pro- observed, ‘‘If two people agree on everything, And I must say that it was that same sense vided insufficient protection for the legiti- one of them is unnecessary.’’ That difference of the spirit of the institution, so intimately mate interests of workers and consumers would probably be rooted in the fact that we connected to Wisconsin’s progressive tradi- alike. follow different philosophers. Some of you tions, which sparked my passion for public They would find it unbelievable that the may follow Plato or Aristotle or even Ayn service. percentage of American workers who belong Rand, God Forbid. But my favorite philoso- What I learned here that inspired me is to unions has contracted rather than ex- pher is Arch the Cockroach. that while La Follette and other Progressive panded over the last half century. Archy was a character invented by a writer They would be outraged that the owner- Reformers like George Norris and Theodore by the name of Don Marquis in the 1920s. He ship of news outlets is much more heavily Roosevelt were regarded as secular men, was supposedly a poet who had died and had concentrated today than it was in their era. they really were at the moral core of a move- come back to life in a body of a cockroach. They would not be surprised, but they ment that had deep roots in the Jewish Pro- He lived in a newspaperman’s office and would be repelled by a tax system that pro- phetic Tradition and the Christian Social every night would crawl out of the wood- vides greater rewards for accumulated Gospel, which implied that there were cer- work, climb onto the typewriter, dive head wealth than it does for work. tain norms of decency that must be the ob- first on the keys, and leave little messages And most of all, La Follette himself would jectives of political choices in a democracy. which would appear in the newspaper the That tradition was rooted in the belief be disheartened by the growing financial bar- next day. He had a thought for every occa- that politics must be more than merely riers to opportunity that are encountered by sion. One of the things he said was this: transactional. It must be more principled the children of so many working families than ‘‘who gets what.’’ That it could and who seek to attend this very University. ‘‘did you ever should be, as Bill Moyers has said, trans- La Follette himself is Wisconsin’s most notice that when formational—that it must try to ‘‘even the distinguished example of how crucial it can a politician starting gate so that people who are equal in be to eliminate financial barriers to higher does get an idea humanity but not in resources have a rea- education. In his autobiography, La Follette he usually sonable opportunity to pursue a full and de- made the following observation: gets it all wrong’’ cent life.’’ ‘‘My single term at the University law But my favorite was this: The Wisconsin tradition dictates that po- school had been rendered possible only ‘‘im too small litical leadership must challenge people to through the consideration of the faculty in to feel great pride see beyond their own self-interests and pre- making an extraordinary exception in my and as the pompous world rogatives. That is why whenever anyone case and permitting me to enter without goes by comes into my office asking me to do some- paying the usual matriculation fee. I had no i see things from thing, I first ask them to read aloud a sign money . . .’’ the under side’’ hanging on the wall which asks, ‘‘What do How little we have learned, despite all the you want me to do for someone besides your- blather uttered by both political parties Like Archy, I try to see life from the un- self that is more important than whatever it about how much we have expanded oppor- derside. I make no apology. I learned it here! is you want me to do for you?’’ If you cannot tunity for higher education. UW Chancellor f answer that question you are failing the ulti- John Wiley observed in a speech last Novem- mate test of good citizenship in a democracy. ber that the median family income in Wis- PAYING TRIBUTE TO COL. LORRIS For the past 40 years, in the Legislature consin is a little over $45,000, but the median WILLIAM MOOMAW and the Congress, I have tried to pursue that family income for this year’s new freshman special Wisconsin vision of the role of gov- at Madison is $90,000.’’ Think about that for ernment in shaping a more just society. Wis- a moment. As Wiley pointed out, ‘‘The dis- HON. SCOTT McINNIS consin has so often in its history been in- tribution of brains, talent, ambition, and OF COLORADO formed by a special sense of common- creativity is independent of family income. IN THE HOUSE OF REPRESENTATIVES We will ignore that fact and freeze out the wealth—of using our common wealth to in- Thursday, May 6, 2004 vest in efforts to spread the blessings of soci- children of average and low income families ety more broadly. at our peril.’’ Mr. MCINNIS. Mr. Speaker, it is with great I wish I could say that we are still fol- Now tie that to another fact. Pell Grants, sadness that I rise today to pay tribute to the lowing that special calling today, but we the principal student aid program for low in- life and memory of Colonel Lorris ‘‘Bill’’ have drifted away in so many ways. Over come students, now pay for only one-half of much of the last three decades we have seen the cost of instruction that they paid for in Moomaw who recently passed away. Bill was the country retreat from those ideals. Anna 1976. I feel acutely about this because I’m the a true American hero and patriot, and a be- Quindlen has written that ‘‘America is a Ranking Democrat on the Appropriations loved friend and colleague to many in his country that now sits atop the precarious Committee and the Subcommittee that community. In his years spent in the armed latticework of myth. It is the myth that funds all education programs. Next, add in forces, Bill embodied the ideals of integrity CONGRESSIONAL RECORD — Extensions of Remarks E781 and courage that we, as Americans, have Ms. Gilmore was also an active member of able deaths in America, preceded only by to- come to expect from our military personnel. As the Broward Democratic Executive Committee, bacco which is responsible for about 430,000 his family and community mourn his passing, as well as an officer and director of the Sun- deaths a year. Recent research suggests that I believe it is appropriate to recognize the life rise Regular Democratic Club. In addition, she obesity will become the leading cause of of this exceptional man, and his many con- found time to become involved in the political death by 2005, claiming more than 500,000 tributions to his community, state and country. campaigns of former President Bill Clinton and lives. Bill lived an immensely rich and full life, al- former Vice President Al Gore. In addition to the enormous human toll, the ways holding firm to his beliefs in serving his Mr. Speaker, Adele Gilmore was both well- National Institute of Diabetes and Digestive community and country. In 1935, he graduated loved and widely respected by all those and Kidney Disease estimates that the eco- from flying school at Randolph Field, Texas, blessed to have known her. She is survived by nomic burden of those being overweight or and began flying commercial flights until the her sister Evelyn, her sons David and Peter, obese in the United States totals approxi- onset of World War II. During the war, Bill flew her grandchildren Joshua, Benjamin, Maghan, mately $117 billion a year. numerous transport missions, serving as the and Fir, and one great-grandchild. Today we Realizing the serious need to address this Operations officer of the first regularly sched- celebrate Adele’s life, which serves as a won- nationwide epidemic, the Department of uled Military Air Transport runs. In 1945, he derful example to all who follow in her foot- Health and Human Performance in the Univer- served as Operations officer for a dangerous steps. sity of Houston’s College of Education has begun development of the Institute for Obesity and important transport operation between f India and China known as ‘‘The Hump,’’ and Prevention and Urban Fitness. The center will his unit received over nine hundred citations, RECOGNITION OF CAPTAIN JOHN conduct clinical research, educational pro- and became the only non-combat unit to re- TIPTON grams, and outreach to serve the UH student ceive a Presidential unit citation. As the war body and the demographically diverse under- ended, he was assigned to finding and remov- HON. JOHN SHIMKUS served community surrounding the UH cam- pus. In partnership with the Biomedical Engi- ing American POW’s from South East Asia, OF ILLINOIS Singapore, and Indonesia, frequently flying neering Group at the University of Houston, IN THE HOUSE OF REPRESENTATIVES into unsecured areas occupied with hostile the institute will search for biomarkers to pre- forces. Thursday, May 6, 2004 dict obesity risk and treatment outcomes. This At the end of the war, Bill was offered and Mr. SHIMKUS. Mr. Speaker, I rise today to unique, new institute gives the University of accepted a regular commission and was trans- recognize the life of Captain John Tipton who Houston a leading role in national obesity re- ferred to Washington where he served as mili- was recently killed in Iraq. search. tary aide and pilot to the first two Secretaries Capt. Tipton, 32, a 1989 Granite City High I commend the University of Houston for of the Air Force. His flights included piloting School graduate, died this past Sunday in an creating a center whose studies will provide a such dignitaries as Presidents Roosevelt, Tru- explosion during combat in the Al Anbar Prov- model for the nation and whose research will man, Eisenhower and Johnson, and taking ince in Iraq. The province, west of Baghdad, benefit millions of Americans in the midst of a Bob Hope and other Hollywood celebrities on is where Camp Fallujah is located and is one health crisis. Christmas trips to entertain our troops. of the most hostile regions in Iraq. Capt. Tip- f Mr. Speaker, we are all at a great loss be- ton was commander of Headquarters Com- HONORING MR. STEWART UDALL cause of Colonel Lorris Moomaw’s passing, pany, 1st Battalion, 16th Infantry, 1st Brigade, but can be comforted in knowing his service to 1st Infantry Division out of Fort Riley. He was HON. LYNN C. WOOLSEY our nation helped secure the freedoms we stationed at Fort Riley, Kansas with his wife, OF CALIFORNIA enjoy today. I am honored to pay tribute to the Susie Tipton, of Collinsville, and their two chil- IN THE HOUSE OF REPRESENTATIVES life and memory of Colonel Lorris William dren, Austin, 4, and Kaitlyn, 2. Moomaw before this body of Congress and I am proud of the service Capt. Tipton has Thursday, May 6, 2004 this nation. My thoughts are with his loved given to our country and the service he and Ms. WOOLSEY. Mr. Speaker, I rise to honor ones during this difficult time of bereavement. others provide on a daily basis. Not enough Mr. Stewart Udall who has served our country f can be said about the sacrifice and dedication in many ways—for six years as a Member of HONORING ADELE GILMORE these men and women display while serving in the House of Representatives, nine years as Iraq. It is troops like Capt. Tipton, those risking Secretary of Interior, and countless years as HON. PETER DEUTSCH their lives everyday, that ensure our freedom an environmental activist, scholar, historian, here at home and to others throughout the and citizen of the outdoors. However, it is for OF FLORIDA rest of the world. I salute him and my heart a unique contribution to the preservation of IN THE HOUSE OF REPRESENTATIVES felt condolences go out to his family and all our natural resources that I am here today; as Thursday, May 6, 2004 the troops continually fighting to ensure free- Secretary of the Interior in 1962, Stewart Udall Mr. DEUTSCH. Mr. Speaker, today I rise to dom and democracy. was instrumental in the creation of Point honor a woman who will be missed by all who f Reyes National Seashore in my district in knew her. It brings me great sadness to report Marin County, California. that Adele Gilmore of Sunrise, Florida, passed UNIVERSITY OF HOUSTON Point Reyes National Seashore is truly a away on April 27th, at the age of 86. Ms. Gil- PROGRAM TO PREVENT OBESITY treasure for the nation. Conceived as a park in more championed her community through her the 1930s, the hard work of dedicated people deep conviction to philanthropic endeavors HON. SHEILA JACKSON-LEE finally made the Seashore a reality during and public service. Her tremendous strength OF TEXAS Stewart Udall’s tenure. The park is enjoyed by of character will be remembered by her IN THE HOUSE OF REPRESENTATIVES over 2.5 million visitors annually and ranks among the top twenty most-visited National friends, family, and colleagues. Thursday, May 6, 2004 Hardworking and driven, Ms. Gilmore was a Parks in the country. Comprising over 71,000 former vice president of Nathan’s Famous res- Ms. JACKSON-LEE of Texas. Mr. Speaker, acres of estuaries, beaches, coastal grass- taurant. She was hired to work at Nathan’s by we have an epidemic of obesity in America, lands, salt marshes, and coniferous forests, Murray Handwerker, the son of Nathan’s threatening to become the single most press- Point Reyes National Seashore is home to founder Nathan Handwerker. ing public health issue before us within one 45% of North American avian species, 18% of Ms. Gilmore founded the Nob Hill Chapter year. I would like to commend the outstanding California’s plant species, and hundreds of mi- of the City of Hope, a research organization work being done at the University of Houston grating whales. aimed at finding cures for cancer, AIDS, and in my district, where they have recently cre- Its rich cultural history, dating back 5000 other life-threatening diseases. Ms. Gilmore ated the Institute for Obesity Prevention and years to Miwok settlements, includes the land- got involved in the City of Hope after losing Urban Fitness. ing of Sir Francis Drake in 1579 and the de- her son, Mark, to AIDS. The Nob Hill Chapter According to the Centers for Disease Con- velopment of early 19th century Mexican land of City of Hope has raised over $2 million trol and Prevention, in 2000, 31 percent of grants which are the precursors of modern since 1987, and Ms. Gilmore’s efforts at the U.S. adults aged 20 years and older—nearly ranches in the pastoral zones. The Seashore group’s annual Christmas gift wrapping drive 59 million people—were obese. And the prob- today successfully balances the needs of visi- at the Sawgrass Mills Mall helped generate lem is getting steadily worse. In 2003 obesity tors and ranchers with the preservation of eco- that success. was responsible for 16.6 percent of prevent- systems and historical sites. E782 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 Upon his appointment as Secretary of the life and the impact one can have on others IN RECOGNITION OF MICHAEL Interior by President John F. Kennedy, Stew- outside the family. As an active member in his BESCHLOSS, 2004 RECIPIENT OF art Udall exhibited the visionary leadership community, he advocated to end alcohol THE HARRY S TRUMAN AWARD that preserved the natural and cultural herit- abuse among families and vulnerable children. FOR PUBLIC SERVICE age of Point Reyes National Seashore as well As President of the National Council on Alco- as other important seashores and lakeshores holism, he helped organize the National Asso- HON. KAREN McCARTHY in the National Park System. He declared that ciation of Adult Children of Alcoholics and OF MISSOURI ‘‘few areas in government leave a more abid- sponsored youth support groups for young IN THE HOUSE OF REPRESENTATIVES ing and visible mark on our land and our indi- people who wished to live a life free of alcohol Thursday, May 6, 2004 vidual future than what is done or not done by abuse. the Department of Interior. Our success will be Ms. MCCARTHY of Missouri. Mr. Speaker, I Born in Payson, Utah on 1938, Burraston measured by the scars of neglect that are re- rise in recognition of Michael R. Beschloss, moved and the creative programs we realize earned his bachelor’s and master’s degree in who is receiving the 2004 Harry S Truman Award for Public Service from the City of Inde- in improving this great land of ours.’’ political studies from Brigham Young Univer- As an Arizona native, Secretary Udall sity. A devout Mormon and an active member pendence at the Truman Presidential Museum and Library on May 7, 2004. After President brought to the Kennedy and Johnson adminis- of the Church of Jesus Christ of Latter-day Truman’s death on December 26, 1972, the trations a unique understanding of the value of Saints, Burraston suffered a heart attack while City of Independence established this award the ecosystems of the western United States. serving on a Latter-day Saint mission and died to honor an outstanding individual who pos- His Cabinet career resulted in The Wilderness on February 28, 2004, in San Antonio, Texas. sesses the qualities of Harry S Truman. Since Bill, The Wild and Scenic Rivers Act, the Land He leaves behind his loving wife, Amanda, five 1974, the annual award has honored individ- and Water Conservation Fund, and the cre- children, 16 grandchildren and two siblings. uals who have demonstrated ‘‘dedication, in- ation of four new national parks, six national Neil Burraston will always be known for his dustry, ability, honesty and integrity’’ in their monuments, eight seashores and lakeshores, contributions to the State of California, its Leg- significant contributions to our country. nine recreation areas, twenty historic sites, islature, and its people. His work will always This year’s recipient is the award winning and 56 wildlife refuges. be a model for other consultants and legisla- historian and highly acclaimed author, Michael Continuing his exploration of Western tors to learn and emulate. Although we will Beschloss. Last year, Beschloss generously issues, Secretary Udall has documented the miss Neil dearly, his life and legacy will live in agreed to be the keynote speaker for the Tru- history of much of the region in several books, our hearts forever. man Presidential Library and Museum ‘‘Wild most recently, The Forgotten Founders: Re- About Harry’’ fundraiser. Mr. Beschloss re- thinking the History of the Old West. This book f ceived rave reviews, as he captivated the au- brings to life the stories of actual people who dience with his humor and knowledge of presi- settled the land, dispelling the myth of the pre- PAYING TRIBUTE TO MIKE BLOSS dential history. In his presentation, Mr. dominance of handsome, six-gun-toting cow- Beschloss said, ‘‘There is library so much on boys. the cutting edge of what a library should do Mr. Speaker, Stewart Udall’s vision, dedica- HON. SCOTT McINNIS than the Truman Library.’’ Mr. Beschloss’s tion, and leadership exemplify the best in pub- participation was the laudable attraction that OF COLORADO lic service. In his own words, ‘‘In the long run generated the funds to ensure the expansion the best politics is a job well done.’’ IN THE HOUSE OF REPRESENTATIVES of educational programs and exhibits at the f Truman Library. With seven books to his cred- Thursday, May 6, 2004 RECOGNIZING THE LIFE AND LEG- it, Newsweek has called him ‘‘the nation’s leading Presidential historian,’’ and he has ACY OF NEIL KENNETH Mr. MCINNIS. Mr. Speaker, it is with a sad BURRASTON heart that I rise to pay tribute to the passing found a number of venues to pursue his ca- of a selfless servant from my district. Mike reer. As a respected author, essayist, editor, HON. HILDA L. SOLIS Bloss, a native of Winter Park, Colorado, was and television commentator, he continually recently killed while serving our country in Iraq lends an insightful eye to his informative and OF CALIFORNIA authoritative commentary and analysis of cur- as a contract security specialist. A beloved fig- IN THE HOUSE OF REPRESENTATIVES rent and historic events in American culture. ure in his community, Mike dedicated his ef- Beschloss has taken us behind the scenes in Thursday, May 6, 2004 forts to teaching students with disabilities how his research of many of the presidents since to ski and mountain bike. As his family and Ms. SOLIS. Mr. Speaker, I rise to recognize Roosevelt. the life and legacy of Mr. Neil Burraston, a community mourn his passing, I believe it ap- Like President Harry S Truman, Michael Principal Consultant in the California State propriate to bring his contributions to his com- Beschloss found common ground in the belief Legislature who recently passed away. munity, state, and country to the attention of that men are driven by history. President Tru- For more than 30 years, Burraston helped this body of Congress and this nation. man stated, ‘‘It takes men to make history, or advance the political careers of countless Cali- Mike was a retired Welsh special forces offi- there would be no history. History does not fornia legislators by providing them with in- cer who began as a volunteer at the National make the man.’’ Michael Beschloss has tradi- valuable advice and unmatched policymaking Sports Center for the Disabled in Winter Park. tionally examined the inner workings of the expertise. More importantly, the numerous As he gained more experience through var- presidency and political events throughout his policies he helped draft on workers compensa- ious instruction certification programs, he publications and media appearances. His re- tion, have improved the lives of millions of turned the volunteering opportunity into a sea- search has led him to explore presidential de- working families in California. sonal job. Mike was a fond employee of the cision making and pinpoint administrative par- After a stellar administrative career in the organization who demonstrated great under- adigm shifts in his analysis of new directions New York State Legislature, Neil began his standing for the needs of skiers with disabil- and he has explained their impact on domestic career with the California State Legislature in ities, having suffered a foot injury himself from and foreign affairs. 1972 as an Administrative Analyst in both the a fall he took while he was in the military. As President Truman said, ‘‘My debt to history Legislative Analyst’s Office and the Joint Leg- an additional source of income and for the is one which cannot be calculated. I know of islative Budget Committee. His mastery of chance of an adventure, Mike took on contract no other motivation which so accounts for my state government policy-making was recog- jobs with a Virginia firm that specialized in awakening interest as a young lad in the prin- nized by his colleagues in 1984, when he was ciples of leadership and government.’’ Michael high-risk private security. promoted to Senior Consultant for the Senate Beschloss has examined the principles and Committee on Industrial Relations and later to Mr. Speaker, Mike Bloss was a dedicated actions of our nation’s leaders and his writing Principal Consultant in 1993. When I was man who selflessly served his community and is distinguished with analysis and illumination Chair of the Senate Industrial Relations Com- country, and I am honored to recognize his of the political process. For the past twenty mittee in the late 1990s, Burraston’s expertise sacrifice before this body of Congress and this years, he has articulated the deeper layers of and advice helped me to make informed deci- nation. His lifetime of service is an incredible thought and action that color the American po- sions about issues before the committee. model for America’s youth. My thoughts and litical process, and he has earned the status A near-fatal illness provided Burraston with prayers go out to his family during this difficult as one of the most trusted experts on Presi- renewed insight into the value and purpose of time of bereavement. dents and the election process. CONGRESSIONAL RECORD — Extensions of Remarks E783 It was Mr. Beschloss’s senior honors thesis formally add seven Members of Congress as try, the ultimate sacrifice. He is survived by at Williams College that launched his writing co-sponsors of this legislation. wife, Nina Weston; his mother, Christine Wes- career. The writing project evolved into his first I ask that the RECORD show that Mr. INSLEE ton of Metropolis; a son, Richard N. Weston of book, Kennedy and Roosevelt: The Uneasy of Washington, Mr. SOUDER of Indiana, Mr. Granite City; two daughters, Rachel A. Weston Alliance, published in 1980. May Day: Eisen- OSBORNE of Nebraska, Mr. DAVIS of Illinois, of Honolulu, Hawaii and Elizabeth E. Weston hower, Khrushchev and the U–2 Affair fol- Ms. MAJETTE of Georgia, Mr. UDALL of New of Vienna; five grandchildren, Trey, Derek, lowed in 1986. The Crisis Years: Kennedy and Mexico, and Mr. HUNTER of California are in Heather, Dalton and Parker; two brothers, Ben Khrushchev, 1960–1963, published in 1991, support of my bill and should be considered and wife Jan Weston of Vienna and Ed and won the Ambassador Book Prize. In 1993, Mr. by this body as cosponsors of H.R. 4061. wife Susan Weston of Cape Girardeau; a sis- Beschloss co-wrote At the Highest Levels: The f ter, Melinda and husband Ron White of Aus- Inside Story of the End of the Cold War. He tin, Texas; and his mother-in-law, Marilyn has written two volumes of a trilogy on the CONGRATULATING CHRIS MAZZINO Whiteside of Vienna. My thoughts and prayers Lyndon B. Johnson presidency, published in AS TEACHER OF THE YEAR go out to his families and loved ones. Gary 1997 and 2001: Taking Charge and Reaching Weston gave his life in an effort to improve for Glory. Both are based on President John- HON. PAUL E. KANJORSKI the lives of others. This sacrifice should never son’s secret White House tapes and have OF PENNSYLVANIA be forgotten. been received with high praise. Research at IN THE HOUSE OF REPRESENTATIVES f the Truman Presidential Museum and Library Thursday, May 6, 2004 RECOGNIZING THE IMPORTANCE provided material for his seventh book, a best Mr. KANJORSKI. Mr. Speaker, I rise today OF INCREASING AWARENESS OF seller, The Conquerors: Roosevelt, Truman AUTISM and the Destruction of Hitler’s Germany, to honor teacher Chris Mazzino as he is 1941–1945. His insights into the influences on awarded the Milken Family Foundation’s Na- SPEECH OF presidential staff debates throughout the war, tional Educator Award. including what to do with Germany at war’s I ask that my colleagues pay tribute to this HON. SHEILA JACKSON-LEE end, have received critical acclaim. English teacher from West Scranton High OF TEXAS In addition to his best selling book career, School as he receives this tremendous rec- IN THE HOUSE OF REPRESENTATIVES Michael Beschloss is a trustee of the White ognition from the Milken Foundation during Wednesday, May 5, 2004 House Historical Association, the National Ar- Teacher Appreciation Week. Ms. JACKSON-LEE of Texas. Mr. Speaker, chives Foundation, the Thomas Jefferson Teachers are our nation’s unsung heroes. I rise in strong support of this resolution that Foundation, the Urban Institute, and the Uni- The number of young lives touched by teach- will raise awareness of autism, one of the versity of Virginia’s Miller Center of Public Af- ers is countless, and Mr. Mazzino exemplifies most mysterious, and challenging mental con- fairs. He has cultivated his talent and exper- the best in his profession by encouraging his ditions that affects the American people. Au- tise through his experiences at Williams Col- students to achieve far beyond the reach of tism affects 1 in 166 children today, and is lege and Harvard University, his service on what they thought possible. Mr. Mazzino’s cre- thus the third most common developmental the staff of the Smithsonian from 1982–1986, ative writing class published a book entitled disability. Autism comes in a wide spectrum of as a Senior Associate at Oxford University, ‘‘26 Odd: Creative Works by Creative Writers.’’ intensities, ranging from mild personality 1986–87, and as a Senior Fellow at the In addition, Mr. Mazzino diligently works quirks, to profound communication difficulties, Annenberg Foundation, 1988–96. Mr. with students throughout the entire school to to self-destructive behaviors, to utter depend- Beschloss can be seen on PBS’s The News help increase their scores on Pennsylvania’s ence on care-givers. Hour and is a consultant to ABC News. state accountability test. As a result of Mr. This nation spends $90 million per year car- It is with great pleasure that I congratulate Mazzino’s efforts, West Scranton High ing for people with autism. The Centers for Michael Beschloss on his distinguished career School’s reading and writing test scores have Disease Control and Prevention have esti- and his many contributions to greater under- improved significantly. mated that as many as 1.5 million Americans standing of American culture through his re- Mr. Mazzino also demonstrated his dedica- have some form of autism, and the prevalence search and analysis. I am proud that the City tion by revamping the entire summer reading is skyrocketing. Based on statistics from the of Independence has selected him for recogni- program at the West Scranton. I am proud to U.S. Department of Education and other gov- tion this year. He is most deserving of this recognize the fact that Mr. Mazzino is the 37th ernment agencies, autism is growing at a rate honor. He shares President Truman’s belief teacher from our state to receive this award. of 10–17 percent per year. At these rates, the that an understanding of history is essential to Mr. Speaker, it is an honor and a privilege prevalence of autism in our country alone leadership in world affairs. Mr. Speaker, to represent a teacher who has dedicated his could reach 4 million in the next decade. please join me in warm congratulations to Mi- life to today’s young people, who will indeed The cost of specialized treatment in a devel- chael R. Beschloss, this year’s recipient of the have a brighter future because of Mr. opmental center for people with autism is ap- 2004 Harry S Truman Award for Public Serv- Mazzino. proximately $80,000 per individual per year. ice, in recognition of his outstanding contribu- f The cost of special education programs for school-aged children with autism is often more tion to the evaluation and preservation of his- RECOGNITION OF GARY WESTON tory. I applaud his contribution to the Truman than $30,000 per individual per year. But the Library and Museum and to our world. greatest burden of caring for the autistic falls f HON. JOHN SHIMKUS on families of those with autism. OF ILLINOIS It is hard to even imagine what it would be REGARDING CO-SPONSORSHIP OF IN THE HOUSE OF REPRESENTATIVES like to be autistic or to care for an autistic fam- H.R. 4061 ily member. To give a bit of insight, I would Thursday, May 6, 2004 like to share a personal story of one of my HON. BARBARA LEE Mr. SHIMKUS. Mr. Speaker, I rise today to staff members, who has a 26-year-old autistic OF CALIFORNIA recognize the life of Gary Weston, who was daughter named ‘‘Amy.’’ Despite the fact that IN THE HOUSE OF REPRESENTATIVES recently killed in Kosovo. Amy is an adult, she is not able to use lan- Gary Weston was an employee of DynCorp guage to communicate her needs. She cannot Thursday, May 6, 2004 International, which was serving with the communicate even simple messages such as Ms. LEE. Mr. Speaker, I rise today in re- United Nations as international police officers. that she has a stomach ache or that her room gards to H.R. 4061, the Assistance for Or- Gary and other members were fired upon by is too cold, and she gets extremely upset phans and Vulnerable Children Act of 2004, a Jordanian police officer for unknown reason. when she needs to communicate and is not which passed the House International Rela- Two fellow workers were killed in the resulting able to do it. tions Committee by unanimous consent on firefight. Gary was flown to a hospital after re- This staffer shared a story that he said March 31st. ceiving several gunshots. He later died from would probably sound familiar to any person Last night the International Relations Com- complications of the gunshot wounds, his wife who has lived with autistic individuals. Amy mittee filed House Report 108–479. Nina Weston was there by her husband’s side. woke my staffer and his wife in the middle of Because House rules prohibit the addition of Gary Weston was 52 years old and lived in the night one night with screams of rage and additional co-sponsors to a bill once the com- Vienna, Illinois. Not enough can be said about frustration. When they rushed into her bed- mittee report has been filed, I was not able to the great sacrifice this man made for his coun- room, she took them to her bedroom window E784 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2004 and made frantic noises. They stood by help- PAYING TRIBUTE TO KELLY HONORING ROBERT HENRY OF lessly for a long time, watching her distress, ALLMON SANTA ROSA, CALIFORNIA until they thought to look down at the deck below Amy’s window. The floor mat on the HON. LYNN C. WOOLSEY deck had blown out of place. My staffer went HON. SCOTT McINNIS OF CALIFORNIA out to the deck with a hammer and nails and OF COLORADO IN THE HOUSE OF REPRESENTATIVES nailed the mat to the floor of the deck so that IN THE HOUSE OF REPRESENTATIVES Thursday, May 6, 2004 it would stay where it was supposed to be. As he hammered the nails, he could hear Amy’s Thursday, May 6, 2004 Ms. WOOLSEY. Mr. Speaker, I rise today to happy laughter. honor Robert Henry of Santa Rosa, California, Mr. MCINNIS. Mr. Speaker, it is my pleasure who is retiring as the General Counsel for When he got back to bed, Amy was quiet. to rise today to recognize Kelly Allmon for her School and College Legal Services of Cali- Her world was in order again. selfless dedication to the community of Cortez, fornia, a Joint Powers Authority which serves It takes years to learn the needs of a child Colorado, and congratulate her on being rec- school and community college district clients like Amy and how to care for her. Parents and ognized by the Cortez Chamber of Commerce throughout California. Bob is widely recognized as one of the most siblings of those with autism, and teachers as their Citizen of the Year. The award is pre- and social workers, do heroic work every day experienced and accomplished education at- sented to an individual who has shown an out- torneys in the state. A frequent presenter at just to help the autistic lead more comfortable, standing commitment to the Cortez commu- law school conferences and school organiza- though not normal, lives. They deserve our nity, and Kelly could not be a more worthy re- tions, he demonstrates in-depth knowledge of recognition and they deserve our support. cipient. It is a privilege to pay tribute to Kelly all aspects of the Education Code. He has ar- We need to recognize the importance of for her well-deserved award, and her ongoing gued school cases before state and federal helping Amy and the many other autistic indi- efforts to better her community today. trial, appellate, and supreme courts. Several viduals in our country. We have to support In 2001, Kelly implemented the Retail En- times Bob successfully defended positions that programs for increased research and im- hancement Program in Cortez, which works others were afraid to take because he be- proved training and support to make their lives together with the Cortez Chamber of Com- lieved it was right. He has taken such cases to both the California Supreme Court and the better. In the past, we have made bold state- merce to market local businesses. During her Federal Court of Appeals and won. His cour- ments, pledging federal support for the autis- tenure as director, the program has developed tic, but we have not fulfilled those pledges. age and skill have saved the school districts marketing campaigns such as the ‘‘Cortez untold dollars that were used to educate our For example, the Individuals with Disabilities Cash’’ program, and creating a community slo- children. Act (IDEA) of 1990 ensures a free and appro- gan, ‘‘Cortez: Genuine to the Core.’’ In addi- After graduating from U.C. Berkeley (Boalt priate public education to children with diag- tion, the program works to provide workshops Hall) Law School in 1971, Bob served as an nosed learning deficits. The 1991 version of and seminars for local businesses. Kelly’s attorney for the California State University, the law extends these services to develop- hard work and dedication seem to be paying then as General Counsel of the Coast Com- mentally delayed preschoolers. IDEA calls for off, as Cortez has seen a marked increase in munity College District and Los Angeles Com- 40% of the funding for educating special edu- sales tax revenue over the last year. munity College District. He began the develop- cation students to be provided by the federal Mr. Speaker, I am honored to pay tribute to ment of School and College Legal Services of California in 1984. government. To date, Congress appropriates Kelly Allmon before this body of Congress and Mr. Speaker, Mr. Henry is the embodiment less than 20 percent, or less than one half that this nation for the recognition she received as was promised. of all that is good about the legal profession. the Cortez Chamber of Commerce’s Citizen of He has a profound respect for the law and a It is time to fulfill our promise to the autistic, the Year. Her efforts to strengthen the busi- sense of mission to use it to insure the best their families, and our schools. I strongly sup- ness community in Cortez are truly remark- results possible for students. I am proud to ac- port this resolution that will help raise aware- able, and her award is a well-deserved testa- knowledge the work of a man who under- ness of autism, and encourage this Congress ment to her tireless efforts. I sincerely thank stands that our nation’s children are our future and this nation to help take care of those who Kelly for her service, and wish her the best in and deserve all that we can do to secure the need us. her future endeavors. best education for them. Thursday, May 6, 2004 Daily Digest Senate Education of Topeka, and the resolution was then Chamber Action agreed to. Pages S5022–23 Routine Proceedings, pages S4931–S5027 Brown v. Board of Education Anniversary: Measures Introduced: Four bills and five resolu- Committee on the Judiciary was discharged from tions were introduced, as follows: S. 2390–2393, S.J. further consideration of S. Con. Res. 102, to express Res. 37, S. Res. 353–355, and S. Con. Res. 104. the sense of the Congress regarding the 50th anni- Pages S4996–97 versary of the Supreme Court decision in Brown v. Measures Reported: Board of Education of Topeka, and the resolution S. 1423, to extend Federal recognition to the was then agreed to. Pages S5023–25 Chickahominy Indian Tribe, the Chickahominy In- Record Production Authority: Senate agreed to S. dian Tribe—Eastern Division, the Upper Mattaponi Res. 355, to authorize the production of records by Tribe, the Rappahannock Tribe, Inc., the Monacan the Committee on Commerce, Science, and Trans- Indian Nation, and the Nansemond Indian Tribe, portation. Page S5025 with amendments. (S. Rept. No. 108–259) Page S4996 Motherhood: Committee on the Judiciary was dis- charged from further consideration of S. Res. 348, to Measures Passed: protect, promote, and celebrate motherhood, and the Condemning Sudan: Senate agreed to S. Con. resolution was then agreed to. Page S5025 Res. 99, condemning the Government of the Repub- Treaties Approved: The following treaties having lic of the Sudan for its participation and complicity passed through their various parliamentary stages, up in the attacks against innocent civilians in the im- poverished Darfur region of western Sudan, after to and including the presentation of the resolution agreeing to the committee amendment in the nature of ratification, upon division, two-thirds of the Sen- of a substitute, and the amendment to the preamble. ators present and having voted in the affirmative, the resolutions of ratification were agreed to: Pages S4931–36 Additional Protocol to Investment Treaty with Family Opportunity Act: Senate passed S. 622, to Romania Treaty Doc. 108–13. amend title XIX of the Social Security Act to pro- Additional Protocol Amending Investment Treaty vide families of disabled children with the oppor- with Bulgaria Treaty Doc. 108–15. tunity to purchase coverage under the Medicaid pro- Investment Protocol with Estonia Treaty Doc. gram for such children, after agreeing to the com- 108–17. mittee amendment in the nature of a substitute, and the following amendment proposed thereto: Additional Investment Protocol with the Czech Republic Treaty Doc. 108–18. Pages S4946–51 Grassley Amendment No. 3119, in the nature of Additional Investment Protocol with the Slovak Republic Treaty Doc. 108–19. a substitute. Pages S4949–51 Additional Investment Protocol with Latvia Treaty Taiwan: Senate passed S. 2092, to address the Doc. 108–20. participation of Taiwan in the World Health Orga- Additional Investment Protocol with Lithuania nization, after agreeing to the committee amend- Treaty Doc. 108–21. ment in the nature of a substitute. Pages S5021–22 Additional Protocol Concerning Business and Eco- Brown v. Board of Education Anniversary: nomic Relations with Poland Treaty Doc. 108–22. Committee on the Judiciary was discharged from Pages S5020–21 further consideration of S. Res. 349, recognizing and honoring May 17, 2004, as the 50th anniversary of Nominations Confirmed: Senate confirmed the fol- the Supreme Court decision in Brown v. Board of lowing nominations: D459

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 D460 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2004

By 95 yeas 3 nays (Vote No. EX. 85), John D. 8 Navy nominations in the rank of admiral. Negroponte, of New York, to be Ambassador to Page S5026 Iraq. Pages S4951–80 Nominations Withdrawn: Senate received notifica- Scott H. DeLisi, of Minnesota, to be Ambassador tion of withdrawal of the following nominations: to the State of Eritrea. Fredrick W. Rohlfing III, of Hawaii, to be United Aubrey Hooks, of Virginia, to be Ambassador to States District Judge for the District of Hawaii, the Republic of Cote d’Ivoire. which was sent to the Senate on January 7, 2003. Craig A. Kelly, of California, to be Ambassador to Jose A. Fourquet, of New Jersey, to be a Member the Republic of Chile. of the Board of Directors of the Inter-American Thomas Bolling Robertson, of Virginia, to be Foundation for a term expiring September 20, 2004, Ambassador to the Republic of Slovenia. which was sent to the Senate on January 9, 2003. Marc McGowan Wall, of Virginia, to be Ambas- Jose A. Fourquet, of New Jersey, to be a Member sador to the Republic of Chad. of the Board of Directors of the Inter-American John Campbell, of Virginia, to be Ambassador to Foundation for a term expiring September 20, 2004, the Federal Republic of Nigeria. which was sent to the Senate on October 1, 2003. Michael Christian Polt, of Tennessee, to be Am- bassador to Serbia and Montenegro. Page S5027 John M. Ordway, of California, to be Ambassador Messages From the House: Page S4994 to the Republic of Kazakhstan. Measures Referred: Pages S4994–95 Thomas Neil Hull III, of New Hampshire, to be Measures Read First Time: Page S4995 Ambassador to the Republic of Sierra Leone. Roger A. Meece, of Washington, to be Ambas- Executive Communications: Pages S4995–96 sador to the Democratic Republic of the Congo. Petitions and Memorials: Page S4996 Lauren Moriarty, of Hawaii, a Career Member of the Senior Foreign Service, Class of Minister-Coun- Additional Cosponsors: Pages S4997–98 selor, for the rank of Ambassador during her tenure Statements on Introduced Bills/Resolutions: of service as United States Senior Official to the Pages S4998–S5004 Asia-Pacific Economic Cooperation Forum. Additional Statements: Pages S4992–94 Michele J. Sison, of Maryland, to be Ambassador to the United Arab Emirates. Amendments Submitted: Pages S5004–07 Thomas Charles Krajeski, of Virginia, to be Am- Authority for Committees to Meet: Pages S5008–09 bassador to the Republic of Yemen. Privilege of the Floor: Page S5009 Christopher R. Hill, of Rhode Island, to be Am- bassador to the Republic of Korea. Record Votes: One record vote was taken today. Michael W. Marine, of Vermont, to be Ambas- (Total—85) Page S4980 sador to the Socialist Republic of Vietnam. Adjournment: Senate convened at 9:30 a.m., and Jeffrey D. Feltman, of Ohio, to be Ambassador to adjourned at 8:09 p.m., until 9:30 a.m., on Friday, the Republic of Lebanon. May 7, 2004. (For Senate’s program, see the remarks Patricia M. Haslach, of Oregon, to be Ambassador of the Majority Leader in today’s Record on pages to the Lao People’s Democratic Republic. S5025–26.) Richard LeBaron, of Virginia, to be Ambassador to the State of Kuwait. Committee Meetings David Michael Satterfield, of Virginia, to be Am- bassador to the Hashemite Kingdom of Jordan. (Committees not listed did not meet) Pages S5020, S5026–27 Nominations Received: Senate received the fol- ENERGY PRODUCTION: BIOMASS lowing nominations: Committee on Agriculture, Nutrition, and Forestry: Com- Ralph Leo Boyce, Jr., of Virginia, to be Ambas- mittee concluded a hearing to examine new opportu- sador to the Kingdom of Thailand. nities for agriculture, focusing on the use of biomass, John Marshall Evans, of the District of Columbia, which is any living matter that can be converted to be Ambassador to the Republic of Armenia. into usable energy through biological or chemical John D. Rood, of Florida, to be Ambassador to processes, and encompasses feedstocks such as agri- the Commonwealth of The Bahamas. cultural crops and their residues, animal wastes, 2 Air Force nominations in the rank of general. wood, wood residues and grasses, and municipal 6 Marine Corps nominations in the rank of gen- wastes use in energy production, after receiving testi- eral. mony from former Representative Thomas Ewing, on

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 May 6, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D461

behalf of the Biomass Research and Development CLIMATE CHANGE Technical Advisory Committee; Mark E. Rey, Under Committee on Commerce, Science, and Transportation: Secretary of Agriculture for Natural Resources and Committee held a hearing to examine impacts of cli- Environment; David Garman, Acting Under Sec- mate change and states’ actions, focusing on public retary of Energy for Energy, Science and Environ- health, forests, heatwaves, geological records, recent ment, and Assistant Secretary of Energy for Energy changes in the ocean, temperatures, sea ice and gla- Efficiency and Renewable Energy; R. James Wool- cial ice, and ecological responses, receiving testimony sey, McLean, Virginia, former Director of Central In- from Ken Colburn, Northeast States for Coordinated telligence; C. Boyden Gray, Energy Future Coalition, Air Use Management, and Paul R. Epstein, Harvard Washington, D.C.; Mark E. Zappi, Mississippi State Medical School Center for Health and the Global University Dave C. Swalm School of Chemical Engi- Environment, both of Boston, Massachusetts; Wil- neering, Mississippi State; Tom L. Richard, Iowa liam B. Curry, Woods Hole Oceanographic Institu- State University, Ames; Lee R. Lynd, Dartmouth tion, Woods Hole, Massachusetts; William R. Fra- College Thayer School of Engineering, Hanover, ser, Polar Oceans Research Group, Sheridan, Mon- New Hampshire; and Samuel B. McLaughlin, Uni- tana; and Philip Mote, University of Washington, versity of Tennessee Oak Ridge National Laboratory, Seattle. Oak Ridge. Hearing recessed subject to call. BUSINESS MEETING Committee on Armed Services: Committee ordered favor- CARFA ACT ably reported the following bills: Committee on Governmental Affairs: Subcommittee on H.R. 3104, to provide for the establishment of Oversight of Government Management, the Federal separate campaign medals to be awarded to members Workforce, and the District of Columbia concluded of the uniformed services who participate in Oper- a hearing to examine S. 1668, to establish a commis- ation Enduring Freedom and to members of the uni- sion to conduct a comprehensive review of Federal formed services who participate in Operation Iraqi agencies and programs and to recommend the elimi- Freedom; nation or realignment of duplicative, wasteful, or An original bill entitled ‘‘National Defense Au- outdated functions, after receiving testimony from thorization Act for Fiscal Year 2005’’; Senator Brownback; former Representative Dick An original bill entitled ‘‘Department of Defense Armey, on behalf of Citizens for a Sound Economy; Authorization Act for Fiscal Year 2005’’; Clay Johnson III, Deputy Director for Management, An original bill entitled ‘‘Military Construction Office of Management and Budget; and Paul Authorization Act for Fiscal Year 2005’’; and Weinstein, Jr., Progressive Policy Institute, Wash- An original bill entitled ‘‘Department of Energy ington, D.C. National Security Act for Fiscal Year 2005’’. Also, committee received a report from the Select NOMINATION Committee on Intelligence on the proposed Intel- ligence Authorization Act for Fiscal Year 2005. Committee on the Judiciary: Committee concluded a hearing to examine the nomination of Jonathan W. BUSINESS MEETING Dudas, of Virginia, to be Under Secretary of Com- Committee on Banking, Housing, and Urban Affairs: merce for Intellectual Property and Director of the Committee ordered favorably reported an original United States Patent and Trademark Office, after the bill to authorize the Secretary of Homeland Security nominee, who was introduced by Representative to award grants to public transportation agencies to Hyde, testified and answered questions in his own improve security. behalf.

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 D462 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2004 House of Representatives cumstances of their detention, urging the Secretary Chamber Action of the Army to bring to swift justice any member Measures Introduced: 20 public bills, H.R. of the Armed Forces who has violated the Uniformed 4299–4318; and 8 resolutions, H. Con. Res. Code of Military Justice, expressing the deep appre- 417–419 and H. Res. 629–633, were introduced. ciation of the Nation to the courageous and honor- Pages H2726–28 able members of the Armed Forces who have self- Additional Cosponsors: Pages H2728–29 lessly served, or are currently serving, in Operation Reports Filed: Reports were filed today as follows: Iraqi Freedom, by a recorded vote of 365 ayes to 50 H.R. 4060, to amend the Peace Corps Act to es- noes, Roll No. 150. Pages H2680–98 tablish an Ombudsman and an Office of Safety and A point of order was sustained against the Hoyer Security of the Peace Corps (H. Rept. 108–481, Pt. motion to recommit the resolution back to the Com- 1). Page H2726 mittee on Armed Services with instructions. Pages H2696–97 Speaker: Read a letter from the Speaker wherein he H. Res. 628, the rule providing for consideration appointed Representative Fossella to act as Speaker of the measure was agreed to by a voice vote, after pro tempore for today. Page H2659 agreeing to order the previous question by a yea- Chaplain: The prayer was offered today by Rev. Jo- and-nay vote of 218 yeas to 201 nays, Roll No. 147. seph V. Brennan, Pastor, St. Linus Church in Nor- Pages H2666–78 walk, California. Page H2659 Suspensions: The House agreed to suspend the rules Point of Order: The Chair ruled that words uttered and pass the following measures which were debated by a Member during a one-minutes speech were not on Wednesday, May 5: unparliamentary and the point of order was over- Sense of the House regarding the Lao People’s ruled. Page H2661 Democratic Republic: H. Res. 402, expressing the Coast Guard and Maritime Transportation Act of sense of the House of Representatives regarding the 2003—Motion to go to Conference: The House urgent need for freedom, democratic reform, and disagreed to the Senate amendments to H.R. 2443, international monitoring of elections, human rights, to authorize appropriations for the Coast Guard for and religious liberty in the Lao People‘s Democratic fiscal year 2004, to amend various laws administered Republic, by a 2⁄3 yea-and-nay vote of 408 yeas to by the Coast Guard, and agreed to a conference. 1 nays and 1 voting ‘‘present’’, Roll No. 149; Pages H2663–66 Pages H2679–80 Agreed to the Filner motion to instruct conferees on the bill to insist on the language contained in Sense of Congress regarding the detention of Dr. section 415 of the House bill that requires foreign- Wang Bingzhang by the Government of the Peo- flag vessels to have their vessel security plans ap- ple’s Republic of China: H. Con. Res. 326, express- proved by the United States Coast Guard before en- ing the sense of Congress regarding the arbitrary de- tering a port in the United States, by a yea-and-nay tention of Dr. Wang Bingzhang by the Government vote of 395 yeas to 19 nays, Roll No. 148. of the People’s Republic of China and urging his 2 3 Pages H2663–66, H2679 immediate release, by a ⁄ yea-and-nay vote of 399 Appointed as conferees: from the Committee on yeas with none voting ‘‘nay’’, Roll No. 151; and Transportation and Infrastructure, for consideration Pages H2698–99 of the House bill and the Senate amendments, and Expressing the concern of Congress over Iran’s modifications committed to conference: Representa- development of the means to produce nuclear weap- tives Young (AK), Coble, Duncan, Hoekstra, ons: H. Con. Res. 398, expressing the concern of LoBiondo, Simmons, Mario Diaz-Balart (FL), Ober- Congress over Iran’s development of the means to star, Filner, Bishop (NY), and Lampson. Page H2716 produce nuclear weapons, by a 2⁄3 yea-and-nay vote For consideration of the House bill and Senate of 376 yeas to 3 nays and 14 voting ‘‘present’’, Roll amendments, and modifications committed to con- No. 152. Page H2699 ference: Representatives Cox and Thompson (MS). Meeting Hour: Agreed that when the House ad- Page H2716 journ today, it adjourn to meet at noon on Monday, Iraqi Prisoner Resolution: The House agreed to H. May 10; and further that when it adjourns on that Res. 627, deploring the abuse of persons in United day, it adjourn to meet at 12:30 p.m. on Tuesday, States custody in Iraq, regardless of the cir- May 11 for Morning Hour debate. Page H2701

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 May 6, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D463 Calendar Wednesday: Agreed to dispense with the PROTECTING CHILDREN ONLINE Calendar Wednesday business of Wednesday, May Committee on Energy and Commerce: Subcommittee on 12. Page H2701 Telecommunications and the Internet held a hearing Senate Message: Message received from the Senate entitled ‘‘The ‘Dot Kids’ Internet Domain: Pro- today appears on page H2659. tecting Children Online.’’ Testimony was heard from Senate Referral: S.J. Res. 34 was held at the desk. Michael D. Gallagher, Acting Assistant Secretary, Communications and Information, National Tele- Quorum Calls—Votes: Five yea-and-nay votes and communications and Information Administration, one recorded vote developed during the proceedings Department of Commerce; and public witnesses. of today and appear on pages H2678, H2679, H2679–80, H2697–98, H2698, and H2699. There OVERSIGHT—EXPORT-IMPORT BANK were no quorum calls. Committee on Financial Services: Subcommittee on Do- Adjournment: The House met at 10 a.m and ad- mestic and International Monetary Policy, Trade, journed at 7:10 p.m. and Technology held an oversight hearing entitled ‘‘Oversight of the Export-Import Bank of the United States.’’ Testimony was heard from Philip Merrill, Committee Meetings President and Chairman, Export-Import Bank of the United States. DEFENSE APPROPRIATIONS MISCELLANEOUS MEASURES; SECURITY Committee on Appropriations: Subcommittee on Defense CLEARANCE BACKLOG met in executive session to hold a hearing on the National Foreign Intelligence Program Budget. Tes- Committee on Government Reform: Ordered reported the timony was heard from George J. Tenet, Director, following measures: H.R. 4259, Department of CIA. Homeland Security Financial Accountability Act; H.R. 4176, To designate the facility of the United NATIONAL DEFENSE AUTHORIZATION States Postal Service located at 122 West Elwood ACT Avenue in Raeford, North Carolina, as the ‘‘Bobby Committee on Armed Services: Subcommittee on Readi- Marshall Gentry Post Office Building;’’ H. Con. Res. ness approved for full Committee action H.R. 4200, 295, Congratulating and saluting Focus: HOPE on National Defense Authorization Act for Fiscal Year the occasion of its 35th anniversary and for its re- 2005. markable commitment and contributions to Detroit, the State of Michigan, and the United States; H. NATIONAL DEFENSE AUTHORIZATION Res. 613, Recognizing and honoring the tenth anni- ACT versary of Vietnam Human Rights Day; H. Res. Committee on Armed Services: Subcommittee on Stra- 622, Supporting the goals and ideals of Peace Offi- tegic Forces approved for full Committee action cers Memorial Day; and H.R. 3740, To designate H.R. 4200, National Defense Authorization Act for the facility of the United States Postal Service lo- cated at 223 South Main Street in Roxboro, North Fiscal Year 2005. Carolina, as the ‘‘Oscar Scott Woody Post Office NATIONAL DEFENSE AUTHORIZATION Building.’’ ACT The Committee also held a hearing entitled ‘‘What’s the Hold Up: A Review of Security Clear- Committee on Armed Services: Subcommittee on Tac- ance Backlog and Reciprocity Issues Plaguing To- tical Air and Land Forces approved for full Com- day’s Government and Private Sector Workforce.’’ mittee action H.R. 4200, National Defense Author- Testimony was heard from Gregory C. Wilshusen, ization Act for Fiscal Year 2005. Acting Director, Defense Capabilities and Manage- ONLINE PORNOGRAPHY ment, GAO; Stephen C. Benowitz, Associate Direc- tor, Division for Human Resources Products and Committee on Energy and Commerce: Subcommittee on Services, OPM; Heather Anderson, Acting Director, Commerce, Trade and Consumer Protection held a Security, Office of the Under Secretary for Intel- hearing entitled ‘‘Online Pornography: Closing the ligence, Department of Defense; and public wit- Doors on Pervasive Smut.’’ Testimony was heard nesses. from J. Howard Beales III, Director, Bureau of Con- sumer Protection, FTC; Kevin Lourdeau, Deputy As- AUTISM SPECTRUM DISORDERS sistant Director, Cyber Division, FBI, Department of Committee on Government Reform: Subcommittee on Justice; Linda D. Koontz, Director, Information Human Rights and Wellness held a hearing entitled Management Issues, GAO; and public witnesses. ‘‘Autism Spectrum Disorders: An Update on Federal

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 D464 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2004 Government Initiatives and Revolutionary New MARITIME TRANSPORTATION Treatment of Neurodevelopmental Diseases.’’ Testi- AMENDMENTS mony was heard from Troy Justesen, Assistant Sec- Committee on Transportation and Infrastructure: Sub- retary (Acting), Office of Special Education and Re- committee on Coast Guard and Maritime Transpor- habilitative Services, Department of Education; and tation held a hearing on H.R. 4251, Maritime public witnesses. Transportation Amendments of 2004. Testimony was heard from RADM John E. Crowley, USCG, RESOLUTION CONDEMNING SUDAN Judge Advocate General, U.S. Coast Guard, Depart- GOVERNMENT FOR ATTACKS AGAINST ment of Homeland Security. CIVILIANS; CRISIS IN DARFUR Committee on International Relations: Favorably consid- VETERANS LEGISLATION ered and adopted a motion urging the chairman to Committee on Veterans’ Affairs: Subcommittee on request that H. Con. Res. 403, as amended, Con- Health held a hearing on the following: H.R. 4020, demning the Government of the Republic of the Sudan for its attacks against innocent civilians in the State Veterans’ Homes Nurse Recruitment Act of impoverished Darfur region of western Sudan, be 2004; H.R. 4231, Department of Veterans Affairs considered on the Suspension Calendar. Nurse Recruitment and Retention Act of 2004; The Committee also held a hearing on The Crisis H.R. 3849, Military Sexual Trauma Counseling Act in Darfur: A New Front in Sudan’s Bloody War. of 2004; H.R. 4248, Homeless Veterans Assistance Testimony was heard from the following officials of Reauthorization Act of 2004; and a measure to re- the Department of State: Charles R. Snyder, Acting form the qualifications and selection requirements Assistant Secretary, Bureau of African Affairs; and for the position of the Under Secretary for Health. Roger P. Winter, Assistant Administrator, Bureau Testimony was heard from Gordon H. Mansfield, for Democracy, Conflict and Humanitarian Assist- Deputy Secretary, Department of Veterans Affairs; ance, AID; and public witnesses. Linda S. Schwarz, Commissioner, Department of Veterans Affairs, State of Connecticut; representatives SATELLITE HOME VIEWER EXTENSION of veterans organizations; and public witnesses. AND REAUTHORIZATION ACT OF 2004 BRIEFING—IRAQI PRISONER ISSUES/ABU Committee on the Judiciary: Subcommittee on Courts, GHRAIB the Internet, and Intellectual Property approved for full Committee action the Satellite Home Viewer Permanent Select Committee on Intelligence: Met in execu- Extension and Reauthorization Act of 2004. tive session to receive a briefing on Iraqi Prisoner Issues/Abu Ghraib. The Committee was briefed by FEDERAL LANDS RECREATION departmental witnesses. ENHANCEMENT ACT Committee on Resources: Subcommittee on National BRIEFING ON GLOBAL INTELLIGENCE Parks, Recreation and Public Lands held a hearing DATA on H.R. 3283, Federal Lands Recreation Enhance- Permanent Select Committee on Intelligence: Sub- ment Act. Testimony was heard from Representative committee on Intelligence Policy and National Secu- Regula; Lynn Scarlett, Assistant Secretary, Policy, rity met in executive session to receive a briefing on Management and Budget, Department of the Inte- Global Intelligence Update. The Subcommittee was rior; Tom Thompson, Deputy Chief, National Forest briefed by departmental witnesses. System, Forest Service, USDA; Barry T. Hill, Direc- tor, Natural Resources and Environment, GAO; and PROGRESS IN ADDRESSING MANAGEMENT public witnesses. CHALLENGES AT HOMELAND SECURITY DEPARTMENT BENEFITS OF TAX INCENTIVES FOR PRODUCERS OF RENEWABLE FUELS Select Committee on Homeland Security: Held a hearing entitled ‘‘Progress in Addressing Management Chal- Committee on Small Business: Subcommittee on Rural lenges at the Department of Homeland Security.’’ Enterprise, Agriculture and Technology held a hear- Testimony was heard from James M. Loy, Deputy ing entitled ‘‘The Benefits of Tax Incentives for Pro- Secretary, Department of Homeland Security. ducers of Renewable Fuels and Its Impact on Small Businesses and Farmers.’’ Testimony was heard from Representative Hulshof; and public witnesses.

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 May 6, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D465 COMMITTEE MEETINGS FOR FRIDAY, House MAY 7, 2004 Committee on Armed Services, hearing on the ongoing in- (Committee meetings are open unless otherwise indicated) vestigation into the abuse of prisoners within the Central Command area of responsibility, 3 p.m., 2118 Rayburn. Senate Joint Meetings Committee on Armed Services: to hold hearings to examine Joint Economic Committee: to hold a hearing to examine allegations of mistreatment of Iraqi prisoners, 11:45 a.m., the employment situation for April, 9:30 a.m., 1334 SD–106. LHOB.

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY4.REC D06MY4 D466 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 7 12 noon, Monday, May 10

Senate Chamber House Chamber Program for Friday: The Senate will be in a period of Program for Monday: The House will meet in pro morning business. forma session.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E767, E770 Osborne, Tom, Nebr., E776 Jackson-Lee, Sheila, Tex., E781, E783 Ross, Mike, Ark., E776 Baldwin, Tammy, Wisc., E778 Johnson, Eddie Bernice, Tex., E776 Rothman, Steven R., N.J., E777 Becerra, Xavier, Calif., E777 Kanjorski, Paul E., Pa., E783 Shaw, E. Clay, Jr., Fla., E777 Berry, Marion, Ark., E767, E770, E772 Kaptur, Marcy, Ohio, E769, E771 Shimkus, John, Ill., E781, E783 Case, Ed, Hawaii, E773 Kucinich, Dennis J., Ohio, E768, E770 Costello, Jerry F., Ill., E768, E771 Lee, Barbara, Calif., E783 Skelton, Ike, Mo., E774 Davis, Danny K., Ill., E767, E769, E771, E773, E776 McCarthy, Karen, Mo., E782 Solis, Hilda L., Calif., E782 DeGette, Diana, Colo., E768, E770 McDermott, Jim, Wash., E778 Terry, Lee, Nebr., E777 DeMint, Jim, S.C., E774 McInnis, Scott, Colo., E780, E782, E784 Tiahrt, Todd, Kans., E772 Deutsch, Peter, Fla., E781 Menendez, Robert, N.J., E767, E769, E771 Udall, Tom, N.M., E778 Diaz-Balart, Lincoln, Fla., E772 Moore, Dennis, Kansas, E774 Woolsey, Lynn C., Calif., E781, E784 Gonzalez, Charles A., Tex., E772 Neugebauer, Randy, Tex., E773

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate May 04 2004 06:31 May 07, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D06MY4.REC D06MY4