Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

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, JULY 8, 2004 No. 93 House of Representatives The House met at 10 a.m. INTRODUCTION OF GUEST CHAP- minute and to revise and extend his re- The Reverend John M. O’Neill, Pas- LAIN, FATHER JOHN M. O’NEILL marks.) tor, Our Lady of Good Counsel Catholic (Mr. TOM DAVIS of Virginia asked Mr. PITTS. Mr. Speaker, the King of Church, Vienna, Virginia, offered the and was given permission to address Morocco is in Washington to tout the following prayer: the House for 1 minute.) newly signed U.S.-Morocco Free Trade God our Father, praise and honor and Mr. TOM DAVIS of Virginia. Mr. Agreement. I am a free trader, but I glory and power forever. Praised be Speaker, I want to thank Father John have serious reservations about this Your Holy Spirit. O’Neill for joining us as guest chaplain plan. Lord God, we come before You this and offering this morning’s prayer. Morocco today illegally occupies a day. Open our hearts and minds to Father O’Neill is the outgoing pastor country in West Africa known as West- Your words and Divine Will today and of Our Lady of Good Counsel Catholic ern Sahara. The King’s government has every day. Help us to learn Your de- church in Vienna, Virginia, where he promised people of Western Sahara, the sires for our lives. Encourage us, has served for the past 12 years. Father Sahrawi, a vote to determine their own through the assistance of those here O’Neill received his undergraduate de- future. It has not happened, and it present, our representatives, to always gree and master’s degree in psychology keeps delaying. follow Your lead and to avoid straying from Catholic University of America in A decade after that promise, powerful from Your compassionate love. Washington, D.C. He completed his friends help the Moroccan Government Guide us in our deliberations during theological studies at de Sales School postpone this vote and consolidate con- this session of Congress and counsel us of Theology in Washington, D.C., and trol over the occupied territory. The always to be Your faithful children. was ordained in June of 1973. Father Sahrawis are a peaceful, pro-Western We especially pray, Lord, that You O’Neill served as a guidance director/ and prodemocracy people. Despite liv- guide the leaders of our Nation and ex- teacher at Bishop Ireton High School ing under an illegitimate colonial tend Your loving protection to our men for 10 years and then served as the aca- power, they have established a deep- and women serving in our Armed demic dean and teacher at Paul VI rooted culture of democracy capable of Forces around the world, particularly High School in Fairfax, Virginia, for 2 supporting a viable state. They elect in Afghanistan and Iraq. Grant us the years. their own leaders, many of them peace which is the fruit of justice and Under his guidance as associate pas- women, provide education and equal charity, and may Your peace reign in tor and pastor, Our Lady of Good Coun- rights to all of their citizens, men and our land and throughout the world. sel Catholic Church enriched the spir- women. Amen. itual lives of its parishioners and the The only stability a sovereign democratic Western Sahara disrupts is a sta- f community around it. Father O’Neill’s contributions both tus quo defined by tyranny. We should THE JOURNAL in northern Virginia and throughout keep that in mind when we vote on the The SPEAKER. The Chair has exam- the Commonwealth have made him an trade agreement on the House floor. ined the Journal of the last day’s pro- invaluable spiritual leader for my con- f stituents. As he moves on to his sab- ceedings and announces to the House TOBACCO FARMERS NEED THE batical in Rome, he will be dearly his approval thereof. PRESIDENT’S HELP Pursuant to clause 1, rule I, the Jour- missed by all of us. nal stands approved. We thank him for offering today’s (Mr. ETHERIDGE asked and was given permission to address the House f prayer. f for 1 minute and to revise and extend PLEDGE OF ALLEGIANCE his remarks.) The SPEAKER. Will the gentleman ANNOUNCEMENT BY THE SPEAKER Mr. ETHERIDGE. Mr. Speaker, I rise from Texas (Mr. BURGESS) come for- The SPEAKER. The Chair will re- this morning to call on the President ward and lead the House in the Pledge ceive 10 1-minute speeches on each to get off the sidelines and support the of Allegiance. side. tobacco buyout once and for all. Mr. BURGESS led the Pledge of Alle- f Mr. Speaker, across the country fam- giance as follows: ilies are feeling the economic squeeze DO NOT IGNORE WESTERN of higher prices for gasoline, food, and I pledge allegiance to the Flag of the SAHARA United States of America, and to the Repub- college, record job losses, and an uncer- lic for which it stands, one nation under God, (Mr. PITTS asked and was given pertain future. In my State of North Caro- indivisible, with liberty and justice for all. mission to address the House for 1 lina and in other rural areas, tobacco

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

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VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.000 H08PT1 H5334 CONGRESSIONAL RECORD — HOUSE July 8, 2004 farm families are hurting because of sion Accomplished’’ and watch another fectionately called him, has been in- the implosion of the Depression-era 700 Americans lose their lives and not dicted and done the perp walk. He mas- quota system. Farmers desperately change their policy? How much experi- terminded Enron, a corporation that need a tobacco buyout, which this ence does it take to watch 44 million built billions from millions in the House has passed, but the President Americans without health insurance Western United States while his em- continues to fail to support our farm and have no policy for universal care? ployees gloated about sticking it to families. How much experience does it take to Grandma Milly. Every Oregonian is Yesterday the President flew to Ra- watch college costs rise by 26 percent paying 40 percent more for their elec- leigh to raise money for his campaign. and not pass or have any legislation to tricity because of manipulation of the Although he collected $25,000 per plate alleviate the financial pain for middle- market by Enron. in campaign funds, he failed yet again class families when it comes to afford Now the President does not return to stand up for our tobacco farmers and college education for their children? Ken Boy’s calls anymore despite his support the buyout. How much experience does it take to past generosity, but the President Let me state clearly: JOHN KERRY watch $200 billion worth of retirement should do more. The President should supports the tobacco buyout and rural savings evaporate and not have a plan return the $139,500 Ken Lay personally America. JOHN EDWARDS supports the for retirement security? How much ex- contributed to him, the $602,625 that tobacco buyout and rural America. perience does it take to see household Enron gave to President Bush. This is Democrats and Republicans alike in bankruptcies rise by over a third in money stolen from Grandma Milly and this House and the other body are this country and not have a plan to other Western consumers, and the working together to get it done. deal with household bankruptcy? How President should give it to a low-in- We need leadership for a change from much experience does it take to watch come energy assistance fund. It is the President of the United States for health care costs rise by a third and tainted money. Let us put this chapter our small towns and rural commu- not have a plan to deal with the uncon- behind us, but let us have restitution, nities. trollable health care inflation in this Mr. President. f country? f THE EDWARDS AND KERRY LIB- I am not sure we can take this much SUPPORT AMENDMENT TO REDI- ERAL AGENDA IS OUT OF TOUCH experience from the Bush-Cheney ad- RECT $20 MILLION FROM UNITED WITH AMERICA ministration for another 4 years. NATIONS (Mr. WILSON of South Carolina f (Mr. SMITH of Michigan asked and asked and was given permission to ad- THE TOYOTA PRIUS was given permission to address the dress the House for 1 minute and to re- (Mr. BURGESS asked and was given House for 1 minute.) vise and extend his remarks.) Mr. SMITH of Michigan. Mr. Speak- permission to address the House for 1 Mr. WILSON of South Carolina. Mr. er, there is going to be a short time for minute and to revise and extend his re- Speaker, on Tuesday the most liberal debate this afternoon. I am introducing marks.) Member of the Senate chose the fourth an amendment today to take $20 mil- Mr. BURGESS. Mr. Speaker, Con- most liberal Member of the Senate to lion from the U.N. and redirect it to gress has been unable to pass an energy become his running mate for Presi- come up to what the President re- bill, an energy policy, that would allow dency of the United States. quested for NIST, for research in tech- us some measure of independence from It is important for Americans to nology and science. know the truth about JOHN EDWARDS’ foreign oil imports in this country. But And I would just suggest to my col- liberal voting record that is out of a couple of weeks ago just before our leagues, Mr. Speaker, that after the touch with the mainstream values of break, we were treated to the exhi- fall of Iraq, information has come to America. JOHN EDWARDS voted twice bition of several cars that embrace the light about the United Nations’ Oil for against President Bush’s tax relief that hybrid technology, the gas/electric Food program and some of the appar- has lifted the economy and helped cre- technology, here on Capitol Hill. Many ent corruption. Now there is an unwill- ate 1.5 million new jobs since August. of us did not have the chance to get ingness of several countries, including JOHN EDWARDS voted twice against the over and look at those. the United Nations itself, to not renew prescription drug benefit added to But I just wanted to call attention to lease the kind of information that is Medicare that will help seniors live the 2004 Motor Trend Car of the Year, going to help us solve this scandal. The the Toyota Prius, and if I could quote longer at reduced cost. JOHN EDWARDS U.N., according to the Wall Street has voted against banning partial birth from their article, that the Prius bril- Journal, has kept hundreds of millions liantly, more than any other car, is a abortions. JOHN EDWARDS has said he is of dollars of Oil for Food money that against the Defense of Marriage Act. feature-packed and user-friendly gas/ should have gone to the Iraqi people. electric hybrid capable of delivering an JOHN EDWARDS has voted to cut billions Now the United States taxpayers are astonishing 60 miles to the gallon in from our military. JOHN EDWARDS has paying that. also voted six times against President city driving. They go on to say that the I hope my colleagues will support my Bush’s plan for the new Department of all-new 2004 Prius is an altogether amendment today. Homeland Security. more compelling car than any other, f JOHN EDWARDS is the same as JOHN that it is the first hybrid that any en- thusiast could not only enjoy, but it A NEW PRESIDENTIAL TICKET KERRY, a liberal Senator that does not FOR A NEW AMERICA represent the mainstream values of provides a tantalizing preview of what America. the future of extreme fuel efficiency, (Ms. KILPATRICK asked and was In conclusion, may God bless our ultralow emissions, and stirring per- given permission to address the House troops, and we will never forget Sep- formance where they will happily co- for 1 minute.) tember 11. exist in one package. Ms. KILPATRICK. Mr. Speaker, 31⁄2 years ago when the Bush administra- f Mr. Speaker, this was truly a bipartisan technology. I understand that on tion took over, our country had a $236 THE BUSH-CHENEY the other side even the gentleman from billion surplus. We also had created in ADMINISTRATION California (Mr. HONDA) owns a Toyota. the Clinton administration 22 million (Mr. EMANUEL asked and was given f new jobs. Today we are in deficit. The permission to address the House for 1 deficit will be higher than it ever has ENRON minute.) been in the history of our country, Mr. EMANUEL. Mr. Speaker, some (Mr. DEFAZIO asked and was given nearly $500 billion. Today we are losing people like to make experience the permission to address the House for 1 jobs to outsourcing. And what do the issue for the Vice President of the minute.) President’s advisers say? Outsourcing United States of America. Mr. DEFAZIO. Mr. Speaker, finally, is good. Let me ask how much experience finally Enron chief executive Kenneth President Bush was in Michigan yes- does it take to wave the banner ‘‘Mis- Lay, or ‘‘Ken Boy’’ as the President af- terday. Did he talk about our economy,

VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.002 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5335 how we are going to save our jobs, how heartened that it appears those fears This administration has refused to we are going to keep higher tuition have been proven wrong. extend unemployment benefits, even from going up? A 26 percent increase in But while Lay’s arrest is an impor- though the money is there to help tuition. How are America’s children tant step on the road to justice, justice America’s economically disadvantaged. going to learn and have the opportuni- will not be complete until the victims This administration has rolled back ties they must have? of Enron’s crimes get back the money environmental regulations, fouling the Something is wrong with this ticket. that Lay and his cronies stole from air we breathe and the water we drink. We have a new ticket: Kerry-Edwards, them. The full scale of Enron’s greed is This administration has lavished tax a new America for new people, so chil- laid bare on recently released tapes, cuts on the rich, and crumbs on the dren can prosper, so that our schools where Enron traders openly crow about middle-class. can be well, so that our health system stealing millions of dollars each day This administration has underfunded can be back to what it ought to be. from Grandma Millie. education to such an extent that every I say to America, come on, get out. It What a shame. My congressional dis- child is left out, not just a few left be- is their turn, express their views. A trict in Los Angeles is full of Grandma hind. new America for a new American fam- Millies, hard-working homeowners who This administration did such a good ily. pay their bills on time and in full. job of working with big drug companies f They deserve better than this. that they were able to raise prices I call upon all of us to join to force three times the rate of inflation before ATTORNEY GENERAL ASHCROFT Ken Lay and his friends to repay the the prescription drug bill passed. AND HOMELAND SECURITY total amount of stolen money. These are not middle-class values. FUNDING f Middle class values are common sense, (Mr. SHAW asked and was given per- common decency and the common SUPPORTING SMALL BUSINESS mission to address the House for 1 good. WITH 7(a) LOANS minute and to revise and extend his re- Middle-class values are going to remarks.) (Ms. BERKLEY asked and was given turn to the United States in 117 days. Mr. SHAW. Mr. Speaker, I come to permission to address the House for 1 Mr. Speaker, let the President know the floor today for the fifth time to minute and to revise and extend her re- he ought to start packing. They are speak in protest of the unfair alloca- marks.) about to leave. Ms. BERKLEY. Mr. Speaker, small tion of Urban Area Security Initiative f grants from the Department of Home- businesses are the economic engine of land Security. Broward and Palm this country. My home State of Nevada PRAISING SELECTION OF JOHN Beach Counties in my district have not is considered one of the most business- EDWARDS AS RUNNING MATE received nearly enough, no, not nearly friendly States in the Nation. In fact, (Mr. PALLONE asked and was given enough, of the funding they need to Nevada has the fastest growing number permission to address the House for 1 keep our families and our communities of women-owned small businesses in minute and to revise and extend his re- safe from terrorist threats. the country. marks.) Attorney General John Ashcroft The Bush administration talks about Mr. PALLONE. Mr. Speaker, I want issued a warning in south Florida on the importance of our small businesses, to praise JOHN KERRY’s selection of July 1 that the terrorists behind the yet the President’s budget eliminated Senator JOHN EDWARDS as his running deadly assaults on September 11 are be- funding for the SBA’s 7(a) loan pro- mate. tween 75 and 90 percent complete with gram. Our entrepreneurs depend on For more than 2 decades, Senator ED- their plans for a major attack against these loans as the only source of af- WARDS has been fighting on behalf of the United States this year. Mr. Speak- fordable, long-term financing for their the little guy against America’s large er, our region with its ports, airports small businesses. corporate interests. JOHN KERRY picked and millions of visitors cannot be ruled Yesterday, the House voted to re- the perfect running mate to complete a out as a possible target or terrorist store the funding for this program. ticket that brings hope to middle-class base of operation. That sent a clear message to this ad- Americans that their needs will no In my district we are very much ministration that we will not tolerate longer be ignored at the White House. aware of the area’s vulnerability. We this attempt to jeopardize the strength Senator EDWARDS talks movingly and are at a high level of intensity in south of the small business community. effectively about two Americas. Over Florida. Broward County and Palm Yesterday’s vote was a vote for small the past 3 years, the bridge between Beach County must be designated as businesses in Nevada and throughout them has grown dramatically, thanks its own urban area so that we can re- the United States that depend on the to failed policies pushed by the Bush ceive the funding we need to enhance SBA’s 7(a) loan program to live their administration that benefit only the the security measures that will protect dream of owning a business, expanding privileged few. I am confident the our families, our communities and crit- their existing business, and hiring new Kerry/Edwards ticket will energize ical infrastructure. workers. Americans to demand a change of It is time for new leadership in the course and support a new vision for b 1015 White House. We need a President that America. The City of Miami cannot be trusted not only talks about the importance of f to allocate these funds. our small businesses, but follows up f those words with action to fight for our PROVIDING FOR CONSIDERATION small business community. OF H.R. 3598, MANUFACTURING FORCING KEN LAY AND FRIENDS TECHNOLOGY COMPETITIVENESS f TO REPAY STOLEN FUNDS ACT OF 2004 VALUES (Ms. WATSON asked and was given Mr. LINCOLN DIAZ-BALART of permission to address the House for 1 (Mr. MCDERMOTT asked and was Florida. Mr. Speaker, by direction of minute and to revise and extend her re- given permission to address the House the Committee on Rules, I call up marks.) for 1 minute and to revise and extend House Resolution 706 and ask for its Ms. WATSON. Mr. Speaker, today is his remarks.) immediate consideration. the first good day that Grandma Millie Mr. MCDERMOTT. Mr. Speaker, the The Clerk read the resolution, as fol- has had in a long time. Disgraced administration likes to wrap itself in lows: former Enron chairman Ken Lay has so-called middle-class values. Let us H. RES. 706 surrendered to the authorities. This is compare the rhetoric to the record. Resolved, That at any time after the adop- an important milestone. Many Ameri- This administration has gutted section of this resolution the Speaker may, pur- cans, including myself, worried that tion 8 housing. America’s most vulner- suant to clause 2(b) of rule XVIII, declare the Lay’s close ties to President Bush able citizens literally may be evicted House resolved into the Committee of the would permit him to go free. I am from their homes as a result. Whole House on the state of the Union for

VerDate May 21 2004 02:07 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.005 H08PT1 H5336 CONGRESSIONAL RECORD — HOUSE July 8, 2004 consideration of the bill (H.R. 3598) to estab- islation is the realized result of exten- ness, and the MEP assistance is ex- lish an interagency committee to coordinate sive discussions on a bipartisan level. tremely important. Federal manufacturing research and develop- It is very important that this legisla- Mr. Speaker, this is a good bill that ment efforts in manufacturing, strengthen existing programs to assist manufacturing tion move forward and that it be sent helps all of our local manufacturers. innovation and education, and expand out- to the President’s desk in an effort to We bring it forward under a fair rule to reach programs for small and medium-sized support and assist our small and me- the floor. manufacturers, and for other purposes. The dium businesses, especially in the man- I would like to thank the gentleman first reading of the bill shall be dispensed ufacturing sectors. from New York (Chairman BOEHLERT) with. All points of order against consider- H.R. 3598 reauthorizes the Manufac- and the gentleman from Michigan (Mr. ation of the bill are waived. General debate turing Extension Partnership, MEP, EHLERS) for their leadership on this shall be confined to the bill and shall not exceed one hour equally divided and controlled which continues to be a resounding important issue. I urge all of my col- by the chairman and ranking minority mem- success. The MEP is a network of not- leagues to support both the rule and ber of the Committee on Science. After gen- for-profit centers that assist businesses the underlying legislation. eral debate the bill shall be considered for in their daily operations. From plant Mr. Speaker, I reserve the balance of amendment under the five-minute rule. It management to technical assistance, my time. shall be in order to consider as an original the MEP continues to strengthen our Ms. SLAUGHTER. Mr. Speaker, I bill for the purpose of amendment under the manufacturers through hands-on as- five-minute rule the amendment in the na- yield myself such time as I may con- ture of a substitute recommended by the sistance. sume. Committee on Science now printed in the It only takes a cursory look at a sur- (Ms. SLAUGHTER asked and was bill. The committee amendment in the na- vey in 2003 on MEP’s success to realize given permission to revise and extend ture of a substitute shall be considered as the benefits. As a result of MEP’s help her remarks.) read. All points of order against the com- over that year, companies created or Ms. SLAUGHTER. Mr. Speaker, I mittee amendment in the nature of a sub- retained over 35,000 jobs and invested thank the gentleman from Florida for stitute are waived. No amendment to the nearly $1 billion in new technology, committee amendment in the nature of a yielding me the customary 30 minutes. substitute shall be in order except those equipment and training. During that Mr. Speaker, historically, manufac- printed in the report of the Committee on same period, sales for small and me- turing has been a major generator of Rules accompanying this resolution. Each dium MEP-assisted companies rose by good, high-skilled, well-paid jobs and such amendment may be offered only in the $1 billion. remains a staple of local and State order printed in the report, may be offered Boasting a long list of success sto- economies throughout the Nation. But only by a Member designated in the report, ries, this program received $106 million manufacturing jobs are disappearing. shall be considered as read, shall be debat- in the House version of the Commerce, From January 2001 to January 2004, able for the time specified in the report Justice, State, Judiciary appropria- equally divided and controlled by the pro- the United States lost 2.5 million man- ponent and an opponent, shall not be subject tions bill which is expected to pass the ufacturing jobs. Manufacturing’s de- to amendment, and shall not be subject to a House later today. cline and the shipping of manufac- demand for division of the question in the The legislation expands on previous turing jobs to other countries threaten House or in the Committee of the Whole. All achievement by authorizing a new Col- the livelihood of millions of America’s points of order against such amendments are laborative Manufacturing Research working families. waived. At the conclusion of consideration of Grants program at $40 million in fiscal the bill for amendment the Committee shall In western New York, I have seen year 2005. The additional funding will firsthand the devastation that occurs rise and report the bill to the House with allow manufacturing and small busi- such amendments as may have been adopted. when communities lose their manufac- Any Member may demand a separate vote in ness to focus on the new challenges turing base. Across my district, from the House on any amendment adopted in the that face their economic livelihood. As Rochester to Buffalo, tens of thousands Committee of the Whole to the bill or to the a result of the new grants, manufac- of high-paying manufacturing jobs committee amendment in the nature of a turing companies will be able to join have vanished and are vanishing in just substitute. The previous question shall be with groups such as not-for-profit orga- the last few years, as companies have considered as ordered on the bill and amend- nizations, research groups and univer- been driven out of business by cheaper ments thereto to final passage without inter- sities to focus on technology changes. vening motion except one motion to recom- foreign imports or have outsourced mit with or without instructions. All of this research will be used to ac- jobs abroad for cheaper labor. Build- celerate industry technology and con- The SPEAKER pro tempore (Mr. ings once home to booming businesses tinue strong viability. and factories now stand abandoned. In BASS). The gentleman from Florida Of the many important small busi- (Mr. LINCOLN DIAZ-BALART) is recog- western New York and across the coun- ness manufacturers that use these im- nized for 1 hour. try, people are outraged; and they want portant grants, Hialeah Metal Spinning Mr. LINCOLN DIAZ-BALART of their Congress to do something. Florida. Mr. Speaker, for the purpose in my congressional district stands out One small way the Federal Govern- of debate only, I yield the customary 30 to me. I meet frequently with Karla ment can help is through the Manufac- minutes to the gentlewoman from New Aaron, the president and owner of Hia- turing Extension Program. MEPs leah Metal Spinning, regarding impor- York (Ms. SLAUGHTER), pending which I around the Nation work with small and yield myself such time as I may con- tant manufacturing issues in south medium-sized manufacturing busi- sume. During consideration of this res- Florida. Ms. Aaron has served on var- nesses to utilize technology so that the olution, all time yielded is for the pur- ious local, professional and national companies improve and grow. Experts pose of debate only. boards, including the Board of Direc- help train manufacturing employees, (Mr. LINCOLN DIAZ-BALART of tors for the National Association of adopt better business practices, and Florida asked and was given permis- Manufacturers. This incredible com- take advantage of new technology. sion to revise and extend his remarks.) pany over which she presides, with For every Federal dollar spent on Mr. LINCOLN DIAZ-BALART of only 14 employees, is one of the leading MEPs, the client manufacturing com- Florida. Mr. Speaker, House Resolution manufacturers of precision metal- panies have benefited more than $8. 706 is a structured rule that provides formed parts. That is, every $1 benefits by $8. In New Hialeah Metal Spinning could not be for the consideration of H.R. 3598, the York State, over 1,000 manufacturers as successful without MEP assistance. Manufacturing Technology Competi- have benefited from MEPs. In western These grants are used to move forward tiveness Act of 2004. The rule provides New York alone, almost 6,000 small important employee training in a suc- 1 hour of general debate, evenly divided manufacturers have been helped. and controlled by the chairman and cessful effort to stay on the leading ranking minority member of the Com- edge of manufacturing technology. I 1030 mittee on Science. The rule also pro- was surprised to learn that these b vides a motion to recommit, with or grants only pay part of select training Just recently, High Tech Rochester, without instructions. sessions, which may range up to $150 an MEP provider, joined forces with This is a fair rule, one that provides per hour. However, constant training is the New York State Research and De- for a coherent bill. The underlying leg- essential to the manufacturing busi- velopment Authority, the Greater

VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.002 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5337 Rochester Enterprise, and the Roch- Mr. Speaker, I reserve the balance of bill. It is a good bill that is needed to ester Institute of Technology in a col- my time. ensure the continued health of the laborative effort focused on identi- Mr. LINCOLN DIAZ-BALART of Manufacturing Extension Partnership fying, incubating, and creating renew- Florida. Mr. Speaker, I yield such time program. We all ought to be doing ev- able energy companies in western New as he may consume to the gentleman erything we can to move it swiftly York. These public-private partner- from New York (Mr. BOEHLERT), the through this House in a form in which ships are the key to revitalizing our distinguished chairman of the Com- it can move through the other body economy and creating good manufac- mittee on Science. and be signed by the President. This turing jobs. (Mr. BOEHLERT asked and was given rule will ensure that nothing extra- Inexplicably, the Bush administra- permission to revise and extend his re- neous can hold up our aid to our manu- tion wanted to end the MEP program marks.) facturers. That is our number one ob- last year. As the economy hemor- Mr. BOEHLERT. Mr. Speaker, I rise jective: aiding our manufacturers, rhaged jobs, the administration pro- in support of this rule. It is a fair rule while allowing full and open debate on posed to slash this program that works that will enable consideration of all of matters within the borders of the bill. by 60 percent for fiscal year 2004, the amendments that are directly re- Mr. Speaker, I urge adoption of the threatening as many as 40 MEP centers lated to this bill. rule and of H.R. 3598. across the country. I was proud to join The stated goal of every Member of Ms. SLAUGHTER. Mr. Speaker, I am my colleague, the gentleman from New this body is to try to help smaller man- pleased to yield 5 minutes to the gen- York (Mr. QUINN), to protest these ru- ufacturers compete, and H.R. 3598 is de- tleman from Tennessee (Mr. GORDON). inous cuts. signed to do just that. But H.R. 3598 Mr. GORDON. Mr. Speaker, as I lis- Reauthorizing the MEP program is will only result in real assistance to tened to my friend, the gentleman from one thing that we can do, but we manufacturers if it gets signed into Florida, present the Committee on should be doing more. Congress could law. We want something more than Rules majority view on the MEP pro- require the Secretary of Commerce to press releases. We want something gram, it just reconfirmed my belief in develop a revitalization program for more than the satisfaction derived epiphany. the electronic component sector. Such from doing something worthy in the Let me remind my colleagues that a plan would evaluate the potential im- House only to have it die elsewhere. We the MEP program was a bill and a pro- pact on the domestic electronic compo- want this signed into law. This is a gram that the President of the United nent sector if all America’s new weap- good bill that can get signed into law. States, President Bush, has tried to ons and security equipment purchased So what we asked the Committee on kill for the last 3 years, that the House by the Departments of Defense and Rules to do was to craft a rule that appropriators and the majority last Homeland Security contain domesti- would allow debate on all filed amend- year produced no funding for. So we are cally manufactured electronic compo- ments directly related to the bill, and making progress today. And I am glad nents like computer chips. This could I emphasize that: filed amendments di- to hear, as I say, my friend present the bring new life into this manufacturing rectly related to the bill; but only on view of the Committee on Rules, and I sector, resulting in good, new jobs for those amendments, and that is what hope it is the view of the majority of hard-working Americans. the Committee on Rules did. It rejected this Congress, that the MEP program I offered an amendment in the Com- amendments from both Democrats and is important. And then I listened to my mittee on Rules to require the Com- Republicans that were not directly re- friend who is the chairman of the commerce Secretary to develop a revital- lated to authorizing manufacturing mittee, who does know that the MEP is ization plan, but the Committee on R&D programs run by the National In- good, and he has fought for it over the Rules refused to allow it. I also offered stitute of Standards and Technology. years, say, well, even though there are an amendment expressing the sense of Now, that seems like a reasonable ap- some other things that we might be the Congress that the Federal Govern- proach. able to do to help unemployment, let ment can be a partner not only in re- We can save for another day, and I us wait. Let us not mess up this bill. search and development of new prod- am sure that day will come, general de- Mr. Speaker, I am not prepared to ucts, but also revitalization of key sec- bates about outsourcing or specific de- tell those 2 million Americans who tors of domestic manufacturing. The bates about programs that do not focus have lost their jobs over the last 3 Federal Government can take exclusively on manufacturing, like the years to wait a little longer, to wait, proactive steps to help revive the do- Advanced Technology Program. Indeed, and maybe we will get to some more mestic electronics component sector any Member truly interested in fund- progress later. I just do not think we by adopting Federal procurement poli- ing ATP could have offered an amend- can do that. cies that promote or require the use of ment to the Commerce, Justice, and For that reason, Mr. Speaker, I rise domestic-made goods. The Committee State, the Judiciary, and Related in opposition to House Resolution 706, on Rules also refused to make this Agencies appropriations bill that we the rule for consideration of H.R. 3598, amendment in order. have been discussing on the floor this the Manufacturing Technological Com- The changes in our Federal procure- week. So this rule is not cutting off petitiveness Act. This rule does not ment policies could reignite the lag- any House debate on broader issues allow for consideration of many excel- ging high-tech sector. Why in the world that may impinge on manufacturing. lent Democratic amendments that do we not want to do that? Why are we There are other vehicles for that de- would improve this bill. stopping here with very little, albeit bate. The rule simply says that this For example, the gentleman from Il- important measures? The ripple effect important bill should not be encum- linois (Mr. COSTELLO) offered an of such policies would be enormous and bered by those debates. amendment in committee that would would help domestic manufacturers to I should add that we had very exten- have required data collection, study, compete with foreign manufacturers in sive debate on H.R. 3598 in committee. and policy responses to offshoring of private sector activities. Such an ini- We seriously considered numerous American jobs. We need to understand tiative could create jobs in the manu- amendments from the other side of the how these trends are affecting our facturing sector. aisle, and we accepted one amendment manufacturing and professional work- Mr. Speaker, it is a truth that for as offered and two others in modified force. It is hard to imagine a more most workers in America who have lost form. This bill already reflects an ani- needed or a more nonpartisan provision good-paying jobs, the second job not mated, but open-minded discussion. that could help us work together in ad- only pays less salary, but fewer or no This bill has the fingerprints of Repub- dressing the challenges of American benefits. Consequently, the standard of licans and Democrats alike all over it. manufacturing. How in the world can living is falling in the United States. It Also, as my colleague, the distin- we be addressing a bill that deals with is high time that the Congress began to guished gentleman from Tennessee manufacturing and not think about debate that and have a better under- (Mr. GORDON), graciously pointed out offshoring, and not at least say, can we standing of what we, the Congress, can at the Committee on Rules yesterday, have a study to see what are the prob- do. no one thinks that this is not a good lems and how can we correct that? How

VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.010 H08PT1 H5338 CONGRESSIONAL RECORD — HOUSE July 8, 2004 in the world in common sense could we nologies and in effect for strengthening support of the administration. I urge not be dealing with that kind of an the economy of the United States. my colleague to support the rule and amendment today? Mr. EHLERS. Mr. Speaker, I thank the bill. The gentleman from Colorado (Mr. the gentleman for yielding me this b 1045 UDALL) offered an amendment in com- time. mittee that would have improved the Mr. Speaker, I rise today in strong I have no difficulty with the ATP training of manufacturing technicians support of the rule to bring up H.R. program. I think that is something at our community colleges. We clearly 3598, my bill on manufacturing tech- that also has to be revised and resur- need to be doing more to address technology competitiveness. I believe this rected, and I will be working in the fu- nical training in an increasingly com- rule is fair and balanced. ture to do precisely that. So I want to petitive international marketplace. The main goal of H.R. 3598 is to au- assure my colleagues that we are in ac- How in the world can we be dealing thorize manufacturing programs at the cord on basic ideas, but we have a lot with a manufacturing bill and not talk National Institute of Standards and of work to do before we can proceed about how we can make our workers Technology that help small and me- with the additional activities that they more productive? dium-sized manufacturers innovate so recommend. And I am certainly willing The gentleman from California (Mr. they can remain competitive in the to help them and work with them as we HONDA) offered an amendment in com- global marketplace. One of these pro- try to do that in the future. mittee that would have funded the Ad- grams is the highly successful Manu- With that, I conclude by once again vanced Technological Program at the facturing Extension Partnership pro- urging my colleagues to support this Department of Commerce at current gram. fair and balanced rule, and we hope levels; asking for no additional funds, This program has roughly 60 centers they will also support the bill and just let us keep this important pro- and 400 satellite offices throughout the bring it into effect. gram going. The ATP program should country. These centers provide small Ms. SLAUGHTER. Mr. Speaker, I be an increasingly important factor in manufacturers with tools and assist- yield 4 minutes to the gentleman from providing needed resources for the en- ance to increase productivity and effi- Illinois (Mr. COSTELLO). trepreneurs who will create jobs and ciency. They do many things, and for Mr. COSTELLO. Mr. Speaker, I industries in the future in America. one, they try to bring ideas from the thank the gentlewoman for yielding me This is not a wish. We know ATP laboratory down to the manufacturing this time, and I rise in opposition to works. It has worked. It has created floor. Another example, they might the rule on H.R. 3598, the Manufac- thousands of jobs all across this coun- help to redesign a factory floor or help turing Technology Competitiveness try. And there were a number of other to train workers on how to use the lat- Act. worthy amendments that were not est technology or equipment. The net The Committee on Rules blocked made in order as well. impact of these centers has been very consideration of several amendments So, Mr. Speaker, during the past 4 beneficial on small to medium-sized offered by my colleagues on the House years, perhaps nothing has dominated businesses and is strongly supported by Committee on Science to this bill. This the economic news more than the loss them as well as the National Associa- body should have the right to discuss of manufacturing jobs and our manu- tion of Manufacturers. and to debate every amendment of- facturing base. Each new report on job The legislation also creates a col- fered, not only by the members of the creation and job losses on offshoring laborative grant pilot program to sup- Committee on Science but Members of and on our growing trade imbalance port research partnerships between this body. stimulates lots of hand-wringing and academia, industry, nonprofits, and One of the amendments that was partisan sniping, but the reality is that other entities to develop innovative blocked yesterday by the Committee Congress has done little to directly as- technologies and solutions to scientific on Rules was an amendment that I of- sist our manufacturing sector, espe- problems in manufacturing. fered which would have required the cially our small and medium-sized To truly help the manufacturers, we Under Secretary of Commerce for manufacturing base. must have a bill that can be passed Technology to do a study on the effects H.R. 3598 provides us with the oppor- into law. Therefore, I want to keep this that offshoring manufacturing and pro- tunity to show what Congress can do. legislation focused on these specific fessional positions is having and will The rule for this bill should have pro- programs that have strong bipartisan have on the U.S. economy both now vided every Member of this body with support. However, others have wanted and in the future. the opportunity to offer his or her to add extraneous provisions that, Every day more Americans watch ideas on dealing with the manufac- while well intentioned, take away from their jobs being shipped overseas. Jobs turing crisis. Surely to goodness we the focus of the bill. This is why I may are disappearing from every sector of need more ideas, not less ideas, on how oppose some of the amendments made the economy, from engineering to to keep jobs here in America. Instead, in order, because I believe they will de- health care workers, forcing hundreds the rule before us today limits both the tract from the bill. of thousands of families into unem- amendments that can be offered and This rule largely helps ensure that ployment and low-paying jobs. the debate time that they can be af- the debate will remain on the manufac- Since 2000, we have lost 2.7 million forded. It is as if the majority wants to turing programs at NIST. I think that manufacturing jobs, of which 500,000 make sure that this bill gets as little is fair and is in the best interests of jobs were in high-tech industries such public attention as possible. This is not our manufacturing community. I urge as telecommunications and electronics. the way one of the most important my colleagues to support this fair and Since 2000, 632,000 jobs have dis- issues of the day should be handled in balanced rule. appeared in high-tech service indus- this House. I would like to take a few minutes to tries. In 48 of the 50 States, jobs in Again, Mr. Speaker, we need more respond to the ranking member of the higher-paying industries have been re- ideas on how to create jobs in this Committee on Science for his state- placed with jobs in lower-paying indus- country, how to stop offshoring, not ments a few minutes ago. I have no tries since November of 2001. Between less ideas. For that reason, I encourage question that his intentions and the in- 2000 and 2003, the number of unem- a no vote on this rule so that we can tentions of his colleagues are good. ployed college graduates grew at a rate come back with an open rule that will They are genuinely concerned about of almost 300 percent compared to 155 allow us to bring all of the ideas to manufacturing and manufacturing percent for workers with a high school help get America back to work. jobs, just as I am. My concern is that it degree or lower. Mr. LINCOLN DIAZ-BALART of has taken considerable effort to nego- A March survey of 216 CFOs found Florida. Mr. Speaker, I am pleased to tiate this bill. They mentioned that that 27 percent plan to send more yield 5 minutes to the gentleman from several attempts have been made to workers offshore in the coming year. Michigan (Mr. EHLERS), a leader in this kill the MEP program. I believe this Twenty-seven percent of 216 CFOs said Congress who has consistently been bill now fully supports that program, that they intended to send more jobs working for improvement of tech- and as written will also receive the offshore this year.

VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.011 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5339 We currently are unable to assess the manufacturing sector in this country. on creating manufacturing jobs, I just short- and long-term effects of the That is what we are bringing forward. do not know. problem because we do not have suffi- Mr. Speaker, I reserve the balance of I am offering an amendment to en- cient or accurate data on the problem. my time. sure that the MEP centers are not As I testified yesterday before the Ms. SLAUGHTER. Mr. Speaker, I stopped and closed, and I would hope Committee on Rules, I pointed to the yield 3 minutes to the gentlewoman my colleagues would support those fact that the Wall Street Journal, The from Texas (Ms. JACKSON-LEE). amendments that would increase the Washington Post, and Business Week Ms. JACKSON-LEE of Texas. Mr. opportunity for the MEP centers to be all have had recent articles pointing to Speaker, I thank the distinguished in place. the fact that we lack the data to deter- ranking member, who I have just pro- Mr. Speaker, what I wanted today mine the effects of outsourcing. moted, but, in any event, the leader of was a vigorous discussion on creating Some would have us believe that the Committee on Rules, for yielding manufacturing jobs and keeping them outsourcing is good for our economy. me this time. in America. I am sad to say we have Others would say that it is negative, I start out that way because I hope not reached that point with this rule. I and they have drawn their conclusion someone is listening to this debate. I hope my colleagues will see fit to not based upon insufficient data. Mr. believe it is important to add clarifica- support a rule so that we can have an Speaker, I intend to offer a motion to tion to my good friend from Florida open rule and do what we are asked to recommit, instructing the Committee and to be able to tell the American do, bring jobs back to America. on Science to report the bill back to people and our colleagues what we are Mr. LINCOLN DIAZ-BALART of the House with a provision requiring really talking about. I wish it were as Florida. Mr. Speaker, I reserve the bal- the Commerce Department to complete simple and as sedate as he has so effec- ance of my time. a study on the effects that outsourcing tively made it seem, but that is not Ms. SLAUGHTER. Mr. Speaker, I is having and how we can address this what we are speaking about, Mr. yield 3 minutes to the gentleman from issue both in the short and long term. Speaker. Colorado (Mr. UDALL). The administration, the Congress, Frankly, we are talking about a very Mr. UDALL of Colorado. Mr. Speak- and the American people deserve to small and narrow representation by er, I thank the distinguished leader of know the facts so that we can work to our good friends in the majority to an- the Committee on Rules for yielding make business more competitive and swer an enormous and devastating me this time, and I rise in opposition create better-paying jobs here at home. problem that Americans are facing to this rule. It makes in order only Mr. Speaker, I cannot understand why every single day, and that is the loss of three of the 10 Democratic amend- the majority, both on the Committee manufacturing jobs and the toppling of ments offered. on Science, in the Committee on Rules, America as a major economic force, as The essence of the bill, as well as and the majority on the floor that will a singular economic force in this world. many of the amendments offered at the be voting on this legislation either We are talking about an R&D bill when Committee on Rules, were derived from today or tomorrow would not want ad- we should be talking about retooling legislation I introduced last year, the ditional information concerning the the manufacturing infrastructure of American Manufacturing Works Act, a problem of outsourcing. America. bill that the gentleman from Michigan We simply are saying give us an inde- The reason why we should be doing (Mr. EHLERS) cosponsored before intro- pendent study, assess the problem, tell that is because we have lost over 3 mil- ducing his own bill 4 months later. us where these jobs are going and why lion jobs, and are continuing to do so. It is said that imitation is the sin- they are going offshore, and also what We gained only 112,000 jobs in the last cerest form of flattery, so I must say effects it not only is having on our month, when we need 150,000 to barely that I am flattered that so much of the economy today and the future but also keep up. bill we are considering today origi- on young people who are trying to de- This rule does not do what we asked nated from my bill and from Demo- termine right now what fields to enter our colleagues to do in the Committee cratic efforts. But the imitation and in and major in in college. Where are on Rules, which was to create an open flattery stopped during the committee their jobs going to be tomorrow? Where rule so that together, in a bipartisan markup, during which it was made will they be 10 years down the road? way, we could focus on creating manu- clear that amendments not acceptable So, Mr. Speaker, I would ask my col- facturing jobs in America. Our distin- to the administration would not be leagues to vote ‘‘no’’ on the rule so guished colleague, the gentlewoman viewed favorably. This is despite the that we can have an open debate on from New York (Ms. SLAUGHTER), fact that the amendments being offered outsourcing and the other amendments talked about ‘‘buy America,’’ ensuring made good policy sense and were en- that Members choose to offer. that industries here, American-based dorsed, in many cases, by manufac- Mr. LINCOLN DIAZ-BALART of industries, stay here; and not selfishly turing groups, such as the Moderniza- Florida. Mr. Speaker, I yield myself denying our international posture, but tion Forum, which presumably have such time as I may consume to make making sure we make jobs and keep some knowledge about what the manu- sure any colleagues who are actually jobs in America. facturing sector needs to regain its listening to the debate realize what we Why would we not have the Costello health. are talking about. The bill we are amendment that simply asks a ques- So along with many others, I offered bringing to the floor extends the Manu- tion about outsourcing, which is the an amendment that was voted down in facturing Extension Partnership, the major burnout of manufacturing jobs the committee. My amendment recog- MEP, which is a very important pro- in America? The fact that we are nized that one of the most critical ele- gram that helps small business stay outsourcing, along with other type of ments of our manufacturing competi- competitive, which trains workers who necessary skills gives us a gaping hole tiveness is to have a technically are employed by small businesses to rein the creation of jobs in America. Why trained workforce. This amendment tain their competitiveness and in- would we not want to have education would have expanded the National crease, obviously, their skills in new and training, when we have thousands Science Foundation’s Advanced Tech- technologies. It is a very important upon thousands of college students nology Education Program to include program, and that is what we are coming out of school and possibly not the preparation of students for manu- bringing to the floor today. being skilled in the necessary skills of facturing jobs. A lot of things can be said, and some jobs of today? Why would we not sug- Now, apparently, the Committee on of them are even true, about macro- gest that that helps to create a better Rules determined, as the Committee on economics and the reality of the world trained population? Science majority already did, that pro- we live in. But what we are bringing The Advanced Technology Program viding training for our workforce is not forward to the floor today is a bill that has helped us generate increased and important. The Committee on Rules extends an important program, and cutting-edge technology. Why we also determined that we do not need a this MEP program is important to would not want to have that amend- study assessing trends related to small businesses, especially to the ment to really have a vigorous debate outsourcing and that we do not need to

VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.012 H08PT1 H5340 CONGRESSIONAL RECORD — HOUSE July 8, 2004 authorize the Advanced Technology anything more disrespectful to the offshoring of jobs. I have always under- Program, a program that the chair- President than what the majority has stood that we cannot solve a problem man, the gentleman from New York done by not including his ideas, his until we better understand the prob- (Mr. BOEHLERT), and subcommittee concepts of how to prepare American lem. chairman, the gentleman from Michi- workers for the 21st century. We had an opportunity today to try gan (Mr. EHLERS), support and that Mr. Speaker, they left it on the edit- to do something about understanding they recommended in testimony before ing floor. I gave them an opportunity, that problem. The gentleman from Illi- the Appropriations Subcommittee be and they chose partisanship and poli- nois (Mr. COSTELLO) had an excellent funded at $169 million. tics over the skills of American work- amendment that would help us under- The committee’s decision, Mr. ers for the 21st century. stand it, and I would like to have the Speaker, unfortunately, seems short- However, I took a step back and gentleman explain to us how we are sighted, especially since the manufac- thought about it. It makes total sense going to try to understand this prob- turing sector is still suffering. In fact, to me now that I think about it, be- lem of outsourcing. 11,000 manufacturing jobs were lost last cause, in fact, the program that we are Mr. COSTELLO. Mr. Chairman, will month, for a total of 2.7 million jobs authorizing, the manufacturing exten- the gentleman yield? lost over the last 3 years. sion program, President Bush has tried Mr. GORDON. I yield to the gen- Mr. Speaker, as I conclude, it is obvi- to eliminate every year in his budget. tleman from Illinois. Mr. COSTELLO. Mr. Speaker, let me ous this rule does not give Members an As a matter of fact, just a short time first say I was utterly amazed in the opportunity to improve the bill. It ago in his economic plan, his economic Committee on Science when I offered seems like the majority is more inter- advisers said flipping hamburgers my amendment. I thought it would be ested in getting the bill’s provisions should be redefined as a manufacturing noncontroversial. We had a number of right in order to meet the administra- job. No disrespect to our hamburger amendments that there may have been tion’s requirements than they are in- flippers in America, McDonald’s and some controversy and debate back and terested in getting the bill right. So for Wendy’s and Burger King, they work forth on, but I thought offering an that reason, Mr. Speaker, I oppose this and do a good job; and we are outper- amendment that would require an inde- forming Japan and Germany and China rule and I urge my colleagues to do the pendent study of our government to ad- same. in the hamburger-flipping business. But when this administration has an dress one of the major problems in the Mr. LINCOLN DIAZ-BALART of United States today, the loss of manu- economic strategy that defines ham- Florida. Mr. Speaker, I reserve the bal- facturing and other high-tech jobs off- burger flipping as a manufacturing job, ance of my time. shore, certainly would be acceptable to Ms. SLAUGHTER. Mr. Speaker, I that literally tries to eliminate the 1 both sides of the aisle. yield 3 ⁄2 minutes to the gentleman manufacturing extension program year Mr. GORDON. It was just a study? from Illinois (Mr. EMANUEL). after year, and now in their moment of Mr. COSTELLO. Mr. Speaker, it was 1 Mr. EMANUEL. Mr. Speaker, I thank shame, after 3 ⁄2 years of being the exactly that. It calls for a study. It my good friend from upstate New York stewardship of lost jobs, they try to act would mandate a study. The Secretary for yielding me this time, and I rise in in this holy picture that they are doing of Commerce would be required within strong opposition to this rule because I something, not one Republican had the 60 days after the President signed this had offered an amendment that was to common sense or decency or courtesy legislation, he would be required to literally add President Bush’s own leg- to include the President’s own plan. enter into a contract either with the islative initiative, the Jobs for the 21st And I tried to do it and was shown RAND Corporation or any other cred- Century Initiative. total disrespect. ible company to do an independent On April 5, President Bush, finally Mr. Speaker, the President was not study, report back within a year, and realizing that we had a crisis in Amer- even up here, nor were the President’s at the conclusion of the year, the Sec- ica of a loss of manufacturing jobs, of- lobbyists up here, trying to get his ini- retary of Commerce would have 4 fered the Jobs Initiative For the 21st tiative included. There is a reason we months to put together his rec- Century. That was on April 5, just a have lost 2.7 million jobs in manufac- ommendation based upon the results of short time ago. He said, and let me turing, because the other side of the that study and make recommendations quote President Bush, ‘‘We are not aisle does not have a strategy for it to the Congress. training enough people to fill the jobs and does not give a whit for it. So that is why I was amazed and for the 21st century. There is a skills Mr. Speaker, I will probably in the again amazed yesterday at the Com- gap. And if we do not adjust quickly, if end vote for the bill because there are mittee on Rules. We are asking simply we do not use our community colleges, some good things in here, but what has to study the problem, identify how we will have a shortage of skilled become clear to all of us is the Presi- many jobs have been lost in what sec- workers in the decades to come.’’ dent and this Congress run by Repub- tors, what does the future look like as Now, this is a rare moment of bipar- licans do not care about 21st century far as outsourcing is concerned, and tisanship on my side. I agreed with the jobs and the technical skills and the then take action. Members are talking President, and I thought he was right. training that is required to fill those about the number of jobs we are losing Now, what happened? You all craft a jobs. overseas, but no one is taking action. piece of legislation, and showing a As the President said, we can add and With this study the administration total disrespect for President Bush, train an additional 100,000 workers would have a blueprint and a plan as to you did not include his own initiative each year, but what did the other side what needs to be done. on manufacturing jobs. of the aisle do? They left those 100,000 Mr. GORDON. Mr. Speaker, I would workers and their skills on the editing ask the gentleman, did any Repub- b 1100 floor. licans on the Committee on Science So I picked up the mantle, and I of- Ms. SLAUGHTER. Mr. Speaker, I vote for the amendment? Did they vote fered his amendment, his concept, his yield the balance of my time to the against it? ideas that he put together; and the gentleman from Tennessee (Mr. GOR- Mr. COSTELLO. Mr. Speaker, I Committee on Rules did not think it DON). would say to the gentleman, yes, they was worthy of being included. It may Mr. GORDON. Mr. Speaker, I think did. It was a partisan vote right down not be. Maybe President Bush is not we all recognize that we are in a manu- the line. The Democrats supported it, that smart when it comes to manufac- facturing crisis right now, and it is and the Republicans opposed it. I was turing jobs. He did lose 2.7 million going to impact the quality of life and told at the time the reason the Repub- manufacturing jobs under his watch. the standard of living not only for our licans opposed it was because of proc- The other side of the aisle, when they generation, but for my little girl’s gen- ess; they were concerned about juris- drafted the legislation, did not include eration and for my grandchildren’s diction and that other committees it. There was an amendment offered by generation. We have a crisis. By all ac- would claim jurisdiction. And, of a Democrat, and they did not include counts, a major portion of that prob- course, we have dealt with that prob- that amendment. I cannot think of lem is around outsourcing and lem before by exchanging letters.

VerDate May 21 2004 00:14 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.013 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5341 Mr. GORDON. Mr. Speaker, I would cally, the manufacturing sector has tor of our economy which is so impor- point out that now we are on the House been a pillar of the American economy. tant. floor, and so there is no jurisdictional Without a strong manufacturing base, Mr. Speaker, I yield back the balance problem. we will not have a strong economic re- of my time, and I move the previous Mr. COSTELLO. Mr. Speaker, if the covery. Not only is manufacturing a question on the resolution. gentleman would continue to yield, key source of skilled, high-paying jobs, The previous question was ordered. there is no jurisdictional problem on but it also is critical to our economic The SPEAKER pro tempore (Mr. the House floor, and the gentleman and national security that we have the FOSSELLA). The question is the resolu- from Tennessee (Mr. GORDON) made ability to manufacture goods we need tion. that point very clearly to the Com- in this country. The question was taken; and the mittee on Rules, that if they allowed In my home State of Texas, more Speaker pro tempore announced that this amendment in order today, there than 156,000 jobs have been lost since the ayes appeared to have it. would be no jurisdictional problem. January 2001. The manufacturing un- Ms. SLAUGHTER. Mr. Speaker, on I frankly believe if this amendment employment rate continued to rise last that I demand the yeas and nays. had been allowed in order and debated, month. The yeas and nays were ordered I cannot see how any Member of this Mr. Speaker, when this bill was The SPEAKER pro tempore. Pursu- House would vote against an inde- marked up in the committee, the vast ant to clause 8 of rule XX, further pro- pendent study addressing the major majority of the suggestions from this ceedings on this question will be post- problem that we have in this country side of the aisle were dismissed. The poned. of outsourcing jobs. markup was uncommonly partisan. No f Mr. GORDON. Mr. Speaker, just to be matter how good the amendment was, clear, we are getting ready to vote on and there were many amendments spo- PROVIDING FOR CONSIDERATION this rule, and if we vote for this rule, ken about as being good, but no sup- OF H.R. 4755, LEGISLATIVE any Member who votes for this rule is port. BRANCH APPROPRIATIONS ACT, voting not to allow us to have the op- So as we debate this bill on the 2005 portunity to have a study on House floor today, I am hopeful we can Mr. LINDER. Mr. Speaker, by direc- outsourcing? reach constructive consensus on many tion of the Committee on Rules, I call Mr. COSTELLO. Mr. Speaker, I of the amendments being offered today, up House Resolution 707 and ask for its would tell the gentleman that any and I do ask that as many Members as immediate consideration. Member who votes for this rule, in my possible join me in voting against the The Clerk read the resolution, as fol- opinion, is voting for the status quo, to rule. lows: take no action whatsoever to try to de- Mr. GORDON. Mr. Speaker, I thank H. RES. 707 termine, to try to collect the data and the gentlewoman from Texas for her determine what is going on with the remarks. Resolved, That at any time after the adop- Ms. SLAUGHTER. Mr. Speaker, I tion of this resolution the Speaker may, pur- offshoring of jobs and how to address suant to clause 2(b) of rule XVIII, declare the the problem. yield back the balance of my time. House resolved into the Committee of the Mr. GORDON. But, Mr. Speaker, if we Mr. LINCOLN DIAZ-BALART of Whole House on the state of the Union for vote against this rule, we can turn Florida. Mr. Speaker, I yield myself consideration of the bill (H.R. 4755) making right around and come back and have a the balance of my time. appropriations for the Legislative Branch for vote not only on trying to find out bet- Mr. Speaker, as a student of rep- the fiscal year ending September 30, 2005, and ter the problems of outsourcing, but resentative democracy, I continue to for other purposes. The first reading of the allow any Member who has a good idea be amazed at the imagination dem- bill shall be dispensed with. All points of about trying to improve and increase onstrated by our friends on the other order against consideration of the bill are side of the aisle. They talk about prob- waived. General debate shall be confined to our manufacturing base in this coun- the bill and shall not exceed one hour equal- try, to allow them to bring it to the lems and talk about problems; we bring ly divided and controlled by the chairman floor and try to improve this situation; forth solutions. and ranking minority member of the Com- is that correct? Today we bring forth with this rule mittee on Appropriations. After general de- Mr. COSTELLO. That is correct. If legislation that will authorize $160 mil- bate the bill shall be considered for amend- we defeat the rule, we can come back lion for the manufacturing sector of ment under the five-minute rule. The bill and debate the issue of outsourcing. I our economy for training of workers in shall be considered as read. Points of order have to believe there are a number of small businesses in the manufacturing against provisions in the bill for failure to field to retain their competitive edge comply with clause 2 of rule XXI are waived. our colleagues on the other side of the No amendment to the bill shall be in order aisle who will vote against this rule in in technology. We bring forth solu- except those printed in the report of the order to move forward with the study tions. We have to deal with things. Committee on Rules accompanying this res- so we can gather the data and come up When in the majority, we have to deal olution. Each such amendment may be of- with a blueprint to address this prob- with things like whether amendments fered only in the order printed in the report, lem. are germane and other technical mat- may be offered only by a Member designated Ms. EDDIE BERNICE JOHNSON of ters, which sometimes may seem too in the report, shall be considered as read, Texas. Mr. Speaker, will the gentleman technical, but they are important. shall be debatable for the time specified in yield? So it is nice to engage in theoretical the report equally divided and controlled by the proponent and an opponent, shall not be Mr. GORDON. I yield to the gentle- debate, even about very important subject to amendment, and shall not be sub- woman from Texas. problems, like we have seen today. I ject to a demand for division of the question Ms. EDDIE BERNICE JOHNSON of maintain that it is even nicer to bring in the House or in the Committee of the Texas. Mr. Speaker, I rise today to ad- forth solutions for the problems of the Whole. All points of order against such dress H.R. 3598, the Manufacturing people of this country. We have done amendments are waived. At the conclusion Technology Competitiveness Act of that with this rule. We bring forth a of consideration of the bill for amendment 2004. very important piece of legislation. the Committee shall rise and report the bill I find it very important that we ad- The $160 million for the manufacturing to the House with such amendments as may dress manufacturing technology com- have been adopted. The previous question sector for training is critical at this shall be considered as ordered on the bill and petitiveness at a time when over 8.2 time to retain jobs in this country. It amendments thereto to final passage with- million Americans are without employ- is not theory, it is reality. out intervening motion except one motion to ment and over 10 percent of African So I would ask all of our colleagues, recommit with or without instructions. Americans are currently jobless. Mr. Speaker, to support not only the Today the American economy is fac- very important underlying legislation, b 1115 ing challenges unlike any that it has but the rule that will make possible The SPEAKER pro tempore (Mr. ever faced before. The sector most the consideration by this House of this FOSSELLA). The gentleman from Geor- drastically affected by this decline is very important underlying legislation gia (Mr. LINDER) is recognized for 1 the manufacturing industry. Histori- in order to help the manufacturing sec- hour.

VerDate May 21 2004 00:37 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.015 H08PT1 H5342 CONGRESSIONAL RECORD — HOUSE July 8, 2004 Mr. LINDER. Mr. Speaker, for the Ms. SLAUGHTER. Mr. Speaker, I RESOURCES COMMITTEE REPORT ON HEALTHY purpose of debate only, I yield the cus- yield myself such time as I may con- FORESTS RESTORATION ACT tomary 30 minutes to the gentlewoman sume. America’s National Forests have become from New York (Ms. SLAUGHTER), pend- (Ms. SLAUGHTER asked and was unnaturally dense, diseased, and insect in- ing which I yield myself such time as I given permission to revise and extend fested, leaving them incredibly susceptible her remarks.) to catastrophic wildfire. To date, wildfires may consume. During consideration of have burned over three million acres in the this resolution, all time yielded is for Ms. SLAUGHTER. Mr. Speaker, I United States in 2003. These fires not only the purpose of debate only. thank the gentleman from Georgia for destroy forests, they kill wildlife and pollute Mr. Speaker, H. Res. 707 is a struc- yielding me the customary 30 minutes. air and water alike. tured rule providing for the consider- Mr. Speaker, I was shocked to learn California has had more than its fair share ation of H.R. 4755, the Legislative that House committee was sending of wildfire disasters. The House Resources Branch Appropriations Act of 2005. It is mail into the committee members’ dis- Committee and its members are committed a fair and appropriate rule and should tricts. During yesterday’s Committee to protecting our environment from the devastating effects of catastrophic forest fires. be approved by the House so we can on Rules hearing on the appropriations This report is meant to update you on move on to consideration of the under- bill for the legislative branch, we what the Resources Committee and your lying legislation. learned that the Committee on Re- California Representatives are working on to H. Res. 707 provides 1 hour of general sources is sending mail to committee help keep our forests healthy and keep fires debate equally divided and controlled members’ districts touting the indi- from destroying forests, property, and jobs. by the chairman and ranking minority vidual Member’s accomplishments on RICHARD POMBO, member of the Committee on Appro- that committee. Mailed under the House Resources Committee Chairman. priations. The resolution waives all chairman’s frank, these laudatory mail ‘‘The Resources Committee and its mem- points of order against consideration of pieces are sent out as Committee on bers are charged with the responsibility of coordinating federal efforts to encourage, en- the bill. It also provides that the bill Resources reports. hance and improve programs for the protec- shall be considered as read. But listen to what they say: ‘‘Mem- tion of the environment and the conserva- H. Res. 707 waives points of order bers of Arizona’s congressional delegation of natural resources within our Public against provisions in the bill for failure tion are making a difference for Arizo- Forest areas. I am honored to have such to comply with clause 2 of rule 21, nans every day through their work on dedicated and knowledgeable committee which prohibits unauthorized appro- the House Committee on Resources. members to work with as we work to balance priations or legislative provisions in an Arizona is fortunate to have Congress- resource preservation and usage. I am par- appropriations bill. men RICK RENZI, J.D. HAYWORTH, JEFF ticularly honored to work with California Congressmen in efforts to prevent further The rule makes in order only those FLAKE and RAU´ L GRIJALVA on these im- forest fires from devastating California’s in- amendments put in the Committee on portant issues.’’ credible resources and beauty. Together we Rules report accompanying this resolu- It goes on to read, ‘‘Committee mem- will continue to work on the issues affecting tion. H. Res. 707 provides that the bers RENZI, HAYWORTH and FLAKE sup- California and the West.’’—Richard Pombo amendments printed in the report may ported the Healthy Forest Restoration RESOURCES COMMITTEE WORK VALUABLE TO be offered only in the order printed in Act, which provides resource managers CALIFORNIA the report, may be offered only by a with the tools they need to combat the Members of California’s Congressional Del- Member designated in the report, shall dangers of overstocked forests.’’ egation are making a difference for Califor- be considered as read, shall be debat- Mr. Speaker, I ask unanimous con- nians every day through their work on the able for the time specified in the resent to have four of these committee House Resources Committee. The Resources port, equally divided and controlled by mailings submitted for the RECORD. Committee deals with issues such as wildfire prevention, water rights, environmental pro- the proponent and an opponent, shall The SPEAKER pro tempore. Is there objection to the request of the gentle- tection, and land use. California is fortunate not be subject to amendment, and shall to have so many able men and women on this not be subject to a demand for a divi- woman from New York? committee to work on these important sion of the question in the House or in There was no objection. issues. The committee mailings are as fol- the Committee of the Whole. The rule CALIFORNIA CONGRESSMEN HELP PASS waives all points of order against the lows: ‘‘HEALTHY FORESTS RESTORATION ACT’’ amendments printed in the report. RESOURCES COMMITTEE FIELD HEARING Committee Members Baca, Miller, Cardoza, Finally, H. Res. 707 provides for one What is the impact of the Endangered Spe- Radanovich, Dooley, Nunes, Gallegly and motion to recommit with or without cies Act on southeast New Mexico? It’s your Calvert supported this bill, which provides instructions. chance to learn more. resource managers with the tools they need What: Examining the Impacts of the En- Mr. Speaker, I want to commend my to combat the dangers of overstocked for- dangered Species Act on Southern New Mex- ests. friend and colleague from Georgia (Mr. ico. The ‘‘Healthy Forests Restoration Act’’ es- KINGSTON), the chairman of the sub- When: Monday, June 7th, 2004 at 9 a.m. tablishes streamlined procedures to increase committee. He has worked very closely Where: Pecos River Village, Carousel use of scientifically-proven management with his ranking minority member, the Building, 701 Muscatel Avenue, Carlsbad, techniques of thinning and prescribed burn- gentleman from Virginia (Mr. MORAN New Mexico. ing to avoid catastrophes to our forests, of Virginia), in crafting this bill, and Learn About the Impact of the Endangered homes and water supply. Species Act on Southeast New Mexico. for that he deserves our support. This Additionally, the Act calls for additional Congressman Steve Pearce Represents the open public meetings on all projects that fall appropriations bill is one of the more 2nd District of New Mexico. After a very suc- under the Healthy Forests legislation, pro- challenging bills to manage, and he cessful hearing on the impact of the endan- viding an opportunity for public input over- does so with respect to the institution gered silvery minnow last year in Belen, NM, and-beyond current public hearing require- in which we all serve. Congressman Steve Pearce has asked the Re- ments. I do want to specifically note that sources Committee to learn about the im- And this landmark legislation makes for this is a fiscally responsible bill, and I pact of endangered species legislation on better forest management and helps protect commend the gentleman from Geor- jobs and lifestyle in southeast New Mexico. communities from the dangers of uncon- Congressman Pombo is Chairman of the trolled wildfires. gia’s (Chairman KINGSTON) manage- House Resources Committee. Join Congress- It protects the rights of private land- ment oversight that will certainly en- man Pearce and Congressman Pombo in owners. sure that organizational changes are Carlsbad on June 7th where they will hear managed better within the agencies of first-hand from family farmers, ranchers, ir- RESOURCES COMMITTEE REPORT ON the legislative branch of government. rigation providers, oil and gas producers and ENDANGERED SPECIES ACT REFORM Mr. Speaker, this rule provides for a local governments about how the Endan- As you may know, the application of the fair amendment process for consider- gered Species Act has brought pain and suf- Endangered Species Act (ESA) has caused fering to their communities and families. ation of the legislative branch appro- economic hardship and to farmers, ranchers, The Resources Committee welcomes the op- small businesses, and individuals—and it has priations bill. I urge my colleagues to portunity to travel to New Mexico to person- done little to actually protect endangered support the rule. ally visit with people who are directly af- species of animals. Mr. Speaker, I reserve the balance of fected by this outdated, onerous and unrea- The law has become more powerful than my time. sonable policy. Congress ever intended it to be. It has been

VerDate May 21 2004 02:07 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.018 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5343 applied across millions of acres and hundreds and its members are committed to pro- ply do not know anything about. That of miles of waterways, at a cost of billions of tecting our environment from the dev- committee received a large increase in dollars. We can improve this law—limiting astating effects of catastrophic forest fires. funding last year in order to send out unwarranted impacts—if we define the sci- This report is meant to update you on this propaganda into Members’ dis- entific standard federal agencies must meet what the Resources Committee and your Ari- when making ESA decisions. zona Representatives are working on to help tricts. I have heard of income protec- This report is meant to update you on keep our forests healthy and keep fires from tion, but this goes way too far. There is what the Resources Committee and your Ari- destroying forests, property, and jobs. no excuse in the world for it, and I zona Representatives are working on to en- RICHARD POMBO, think we ought to take measures to sure that improper application of the Endan- House Resources Committee Chairman. stop it. gered Species Act will never threaten the ‘‘The Resources Committee and its mem- During the 107th and 108th Congress, economic security of Arizona and its people. bers are charged with the responsibility of most communities requested franking RICHARD POMBO, coordinating federal efforts to encourage, en- allocations somewhere between $10,000 House Resources Committee Chairman. hance and improve programs for the protec- and $30,000, and most spent far less ‘‘Congress’ efforts to improve the ESA tion of the environment and the conserva- than those allocations. stems from an April 2001 decision by the Fed- tion of natural resources within our Public For example, the Committee on Gov- eral government to shut off irrigation water Forest areas. I am honored to have such to nearly 1,200 farmers and ranchers in the dedicated and knowledgeable committee ernment Reform franking allocation Klamath Basin in California in order to pro- members to work with as we work to balance was $35,000. They spent less than 10,000. tect several species of endangered fish. This resource preservation and usage. I am par- Not counting the Committee on Re- decision was later examined by a panel of the ticularly honored to work with Arizona Con- sources, the largest request in Congress National Academy of Sciences (NAS), which gressmen in efforts to prevent further forest was the Committee on the Judiciary, found that the order to shut off the water fires from devastating Arizona’s incredible which asked for $80,000 for franking. had ‘no sound scientific basis.’ As a result of resources and beauty. Together we will con- However, the Committee on Resources this decision—with ‘no sound scientific tinue to work on the issues affecting Arizona requested a franking allocation of basis’—the livelihoods of hundreds of farmers and the Southwest.’’—Richard Pombo and ranchers in the area were destroyed, and $500,000, half a million. It is more than RESOURCES COMMITTEE WORK VALUABLE TO a 10,000 percent increase over the the local economy and community was se- ARIZONA verely harmed. Your Arizona Representa- amount of the money that the Com- Members of Arizona’s Congressional Dele- tives are working in Congress to reform the mittee on Resources actually spent on gation are making a difference for Arizonans ESA to prevent this type of devastation from every day through their work on the House franking in the 107th Congress. What is ever occurring in Arizona.’’—Richard Pombo Resources Committee. The Resources Com- even more shocking is that the House RESOURCES COMMITTEE WORK VALUABLE TO mittee deals with issues such as wildfire pre- rules do not prohibit a committee from ARIZONA vention, water rights, environmental protec- sending out this propaganda with tax- Members of Arizona’s Congressional Dele- tion, and land use. Arizona is fortunate to payer dollars. gation are making a difference for Arizonans have Congressman Rick Renzi, J.D. The gentleman from California (Mr. every day through their work on the House Hayworth, Jeff Flake, and Raul Grijalva SHERMAN) offered an amendment to Resources Committee. The Resources Com- working on these important issues. close this loophole to stop this prac- mittee deals with issues such as wildfire pre- ARIZONA CONGRESSMEN HELP PASS ‘‘HEALTHY tice. The amendment would limit mail- vention, water rights, environmental protec- FORESTS RESTORATION ACT’’ tion, and land use. Arizona is fortunate to ing expenses for any committee to have Congressmen Rick Renzi, J.D. Committee Members Renzi, Hayworth and $25,000, which is more than generous. Hayworth, Jeff Flake, and Raul Grijalva Flake supported this bill, which provides re- On a party-line vote, the Committee on working on these important issues. source managers with the tools they need to combat the dangers of overstocked forests. Rules refused to make the sensible so- RESOURCES COMMITTEE WORKING TO ENACT ESA The ‘‘Healthy Forests Restoration Act’’ lution in order, and it is troubling that REFORMS would establish streamlined procedures to this problem has slipped under the Congressmen Renzi, Hayworth and Flake increase use of scientifically-proven manage- radar for a year and a half and that the are co-sponsors of H.R. 1662, ‘‘The Sound ment techniques of thinning and prescribed Committee on Rules refused to allow Science for Endangered Species Act Plan- burning to avoid catastrophes to our forests, the full House to discuss the issue and ning Act,’’ to improve the way the law uses homes and water supply. vote up or down on this straight- science and to further involve the public. Additionally, the Act calls for additional forward amendment. Debate on this se- ∑ Requires peer-reviewed science as basis open public meetings on all projects that fall for ESA decisions. under the Healthy Forests legislation, pro- rious problem has been quashed with a ∑ Creates an independent process to amend viding an opportunity for public input over- soft promise of future action. the ESA to make certain that all aspects of and-beyond current public hearing require- Again and again, the Republicans si- science in the implementation of that act ments. lence the Democrats and the voices of are sound and peer-reviewed. And this landmark legislation makes for millions of Americans. There is little ∑ Establishes a mandatory independent better forests management and helps protect time left on the legislative calendar. scientific review requirement for all ESA communities from the dangers of uncon- This problem deserves immediate at- listing and de-listing proposals to ensure the trolled wildfires. use of sound science and provide a mecha- tention. It is shocking in that this It protects the rights of private land- body will not even have the oppor- nism for resolving scientific disputes during owners. the rulemaking process. tunity to debate the problem and to RESOURCES COMMITTEE WORK FOCUSES ON ∑ Requires the Secretary of the Interior to consider the solution of the gentleman SOUTHWEST’S FORESTS solicit and obtain additional data from land- from California (Mr. SHERMAN). owners and others that would assist in the Congressman Renzi introduced the South- This cries out for attention from this west Forest Health and Wildfire Prevention development of recovery plans, including the Congress, and I demand it, Mr. Speak- recovery goals. Act of 2003 to promote the use of adaptive ∑ ecosystem management to reduce the risk of er. Requires that an action, including an ac- Mr. Speaker, I reserve the balance of tion for injunctive relief, to enforce the pro- wildfires and restore the health of fire-adapt- hibition against the incidental taking of a ed forest and woodland ecosystems. Re- my time. species must be based on pertinent evidence sources Committee member J.D. Hayworth is Mr. LINDER. Mr. Speaker, I yield using scientifically valid principles. a co-sponsor of this bill, along with Arizona myself such time as I may consume. Representative Jim Kolbe. The Resources Mr. Speaker, I want to note that we RESOURCES COMMITTEE REPORT ON HEALTHY Committee passed the act this summer help- did have this discussion in the Com- FORESTS RESTORATION ACT ing solidify the future of Northern Arizona mittee on Rules about the printing yes- University’s Ecological Restoration Insti- America’s National Forests have become terday. It just came up yesterday for tute. unnaturally dense, diseased, and insect in- This is an important first step toward the the Republicans being criticized for- fested, leaving them incredibly susceptible future application of practical science-based ever for rushing things to the floor. to catastrophic wildfire. To date, wildfires forest restoration treatments that will re- This seems a bit quick for the Demo- have burned over three million acres in the duce the risk of severe wildlife and improve crats to do so. None of us on the Com- United States in 2003. These fires not only the health of dry forest and woodland eco- destroy forests, they kill wildlife and pollute mittee on Rules, Republican side, have systems across the country. air and water alike. seen that yet, but the committee of ju- Arizona has had its fair share of wildfire Mr. Speaker, this is an outrage that risdiction is actually the Committee disasters. The House Resources Committee I think the Members of the House sim- on House Administration, and I think

VerDate May 21 2004 00:37 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.005 H08PT1 H5344 CONGRESSIONAL RECORD — HOUSE July 8, 2004 it would be appropriate to let the au- New York. We will see that this mail- nounce field hearings. I might add this thorizing committee have a shot at ing went out to Arizona. Our informa- piece of mail has nothing to do with this to take a look at the problem be- tion is that it went it to the gentleman any field hearing. But we could have a fore we move to address it on the from Arizona’s (Mr. RENZI) district, rule that we have these slush funds, House floor in an appropriations bill. who happens to be one of the most tar- but only if we are announcing a field Mr. Speaker, I reserve the balance of geted Members in the entire Congress hearing. my time. by one political party. It praises three b 1130 Ms. SLAUGHTER. Mr. Speaker, I Members of the Arizona delegation for yield 7 minutes to the gentleman from cosponsoring a bill, and if we read it A field hearing should be a field hear- California (Mr. SHERMAN). very carefully, it attacks or implicitly ing, not an excuse for propaganda, not (Mr. SHERMAN asked and was given criticizes a fourth Member of the Ari- a district-wide town hall on behalf of permission to revise and extend his re- zona delegation for not cosponsoring an endangered Member or a targeted marks.) this bill. I might add it is a terrible Member. Mr. SHERMAN. Mr. Speaker, we need bill, but the mailing praises those who Finally, I know here in Washington to defeat this rule so that I can offer an cosponsor it. Our information is that it that our targeted watchdog groups amendment to simply say that no com- went just to the gentleman from Arizo- publish lists. They criticize those who mittee in any year can spend more na’s (Mr. RENZI) district; so the fact spend money on postage and printing. than $25,000 on just postage. That that it implicitly criticizes the gen- They wonder whether that is a good would be $50,000 a Congress. Why would tleman from Arizona (Mr. GRIJALVA) is use of government resources. such a limit be needed? Why is the not of great significance unless he has Well, wait a minute. None of these $25,000 limit needed? After all, in the statewide ambitions I am unaware of. groups caught this. They will attack a year 2002, the average committee spent In any case, what does this mailing Member for spending $100,000 on post- only $2,104 on postage. The largest do? It lauds a Member. Some of these age. How about $250,000 on postage? amount spent by any committee during mailings are going out in violation or We need to do something about it, the 107th Congress on an annualized possible violation of the blackout pe- and we need to do something about it basis was $6,807. riod. So we are used to not sending out today. If you vote for this rule, you are I know the gentlewoman from New mailings 90 days before an election. Ap- voting for giant political slush funds, York cited the amounts requested by parently the committee chairmen can. not just of half a million dollars, but committees. They requested a bit more This mailing seems rather benign in for as large as they are done by which- than these figures. But when we look that it lauds a Member, and it does so ever party controls this House. You at what they actually spent, no com- only on one issue. cannot say you are going to deal with mittee needed to spend in the average Mark my words: If we do not draw it tomorrow if you vote against dealing year more than $6,807 in the 107th Con- the line now, the next piece will be a with it today. Vote against the rule. gress. hit piece, and it will not be limited to Mr. LINDER. Mr. Speaker, I yield But a new phenomenon has arisen. one issue. It will not even be limited to myself such time as I may consume. The Committee on Resources has de- a committee’s jurisdiction. It will be Mr. Speaker, I would like to point cided it needs more resources. In the an attack piece sent out a day or a out that the gentleman came very 107th Congress it spent $2,483 per year week before an election. close to impugning the motives of the on postage. For the 108th Congress they How is this all different from the chairman and the actions of the com- requested a quarter million dollars per Member communications that we are mittee. I would just suggest that he year for postage; $500,000, half a million aware of? Because many of us send tread a bit more lightly on that. dollars, for the whole 108th Congress. mail to our constituents. First, a Mem- Mr. Speaker, I reserve the balance of Think of this from a fiscal responsi- ber gets a limited Members’ represen- my time. bility standpoint. That is a 4,445 per- tational allowance. We are responsible Ms. SLAUGHTER. Mr. Speaker, I cent increase over what they requested to our districts, to the recipients of yield 5 minutes to the gentleman from before. Maybe that is not too bad. that mail. If the mail is informative, Wisconsin (Mr. OBEY), the ranking After all, 4,445 percent increase in the then I can tell my constituents we sent member of the Committee on Appro- cost of a government agency, no fis- them informative mail that came out priations. cally responsible person would object of our budget, which we could other- Mr. OBEY. Mr. Speaker, all I can say to that. But do not compare it to what wise have used to hire personnel. But a in response to the last comment is if they requested last Congress. Compare committee chairman is not responsible the committees adhere more closely to it to what they actually spent. Then it to the people who receive the mailing, the spirit of the rules of the House, is a 9,968 percent increase. Maybe so they could look at it and say this is maybe we will not tread so closely in somebody with some fiscal conserv- wildly uninformative. It is a terrible questioning their motives. atism would be concerned about that, a waste of money. It says it was paid for Let me say, Mr. Speaker, I am not committee which in the last Congress at taxpayer expense. I do not like it, going to vote for this bill, and I am not spent $2,483 on postage now wants to but it does not matter because my going to vote for it for two reasons. spend $250,000 on postage. Member did not send it. It comes out of Number one, we have the continued We do not know what they are spend- the budget of some Washington com- saga of that ridiculous hole out in ing all this money for. It is hard to get mittee. front of the Capitol, the Capitol Visi- the information. But we do know that Second, the MRA funds are at least tors Center. You remember back in the last quarter, just in 3 months, the com- distributed relatively equally by party. good old days when we had a budget mittee spent $49,587 on postage, and Each Member gets their own account. surplus, and then we were told by the when they spend money on postage, This $500,000 went solely to one polit- Republican majority that we could they inevitably have to spend money ical party. And it is not just $500,000. If pass $6 trillion in tax cuts and still on printing, and, yes, they spent $40,732 we do not draw the line now, it will be have money left over? Now we have dug on printing. 5 million, it will be 25 million. It will ourselves into a huge deficit hole What did they use the money for? not be one committee; it will be every again, the biggest deficit in the history Not to carry on committee business in committee. of the country. That hole in front of the sense of telling the press what the Members also know what informa- the Capitol, created for the construc- committee is doing, writing to experts tion their constituents need to receive. tion of the so-called visitors center, to see if they can gather information. Committee chairmen, with all due re- really, in my view, is a symbol of what This is not individually sent-out let- spect to the gentleman from California we have done to the Nation as a whole. ters, no. These were mass mailings into (Mr. POMBO), I do not think he is an ex- We have dug a huge hole for the Na- individual Members’ districts, $250,000 pert at what information people in the tion. per year. What kind of mailings went gentleman from Arizona’s (Mr. RENZI) In this case, in the case of the visi- out? Here is an example that was re- district need to hear. Then we are tors center, you have an addition to ferred to by the gentlewoman from going to be told that these are to an- the Capitol which started out to cost

VerDate May 21 2004 00:37 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.019 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5345 about a quarter of a billion dollars; it that covers health care for every Amer- It is inappropriate to use the franking is now up to half a billion dollars. And ican. And make sure that those Ameri- privilege out of committee resources to the completion date, I would bet you, cans have the same kind of coverage, mail mass propaganda pieces on behalf before it is over, will slip to sometime including dental care, that you would of any Member, on the majority or the in 2007. I just continue to think it is a like to see for the average Member of minority side. ridiculous, overblown use of taxpayers Congress. Unless you do that, you will Now, if you look at the numbers that money. be giving hypocrisy a bad name. we have, the Committee on Resources But there is something else in this Mr. LINDER. Mr. Speaker, I yield apparently has asked for about half a bill that really bugs me. I happen to myself such time as I may consume. million dollars to be mailing pieces believe that the number one national Mr. Speaker, I feel certain that the into other Members’ districts. We saw disgrace in this country is the fact that gentleman was not referring specifi- the explanation by the gentleman from some 44 million people are struggling cally to me, because I do not have Fed- California (Mr. SHERMAN). No matter every day without health care cov- eral health insurance. how much we want to cooperate with erage. There is a provision in this bill Mr. Speaker, I reserve the balance of the other side, this is a major potential which enables a study to go forward to my time. abuse of power, if somebody does not see whether or not we will add supple- Ms. SLAUGHTER. Mr. Speaker, I stand up and say wait a minute, there mental health and dental benefits for yield 5 minutes to the gentleman from is something wrong with this. Members of Congress under our health Virginia (Mr. MORAN). This has to be discussed. The public care plan. Mr. MORAN of Virginia. Mr. Speak- needs to be aware of it before we em- Now, I happen to believe that con- er, I thank the gentlewoman from New bark on this. Of course, if nothing is gressional employees should have den- York for yielding me time. said, other committees are likely to do tal coverage, and I think that Members Mr. Speaker, I do want to say that I the same thing, and no ranking mem- of Congress should have dental cov- plan to vote for this bill, but there is ber has that ability. erage. But I also think that every cit- no way I can support this rule. So this was an amendment that real- izen of this country ought to have ac- There were a total of eight amend- ly needed to be discussed, and perhaps cess to health care and ought to have ments submitted. There were seven by in that discussion we could get an ex- decent dental coverage. Democrats, one by a Republican. The planation that would show us that this We just marked up the Labor-Health- one by the Republican was allowed. is not as abusive as it appears at first Education appropriations bill; and in Only one out of the seven submitted by glance. Perhaps there is a logical ex- contrast to the consideration that we Democrats was allowed. planation, but we sure ought to get are going to give Members of Congress A lot of them had no political over- that kind of explanation. The fact that about adding new health care benefits, tones whatsoever. What is wrong, for we were denied the opportunity to dis- what did the committee do this morn- example, with studying ways to im- cuss this is reason enough to vote ing with respect to health care benefits prove and expand day care services on against the rule. for the rest of Americans? the Hill for our employees? That is What we are looking for is fairness. I will tell you: the chairman’s mark hardly political. The only thing I can We are looking for the resources in this on the Labor-Health-Education bill imagine is wrong is that a Member of bill to continue this great institution today entirely terminates the Commu- the majority did not think of it; and I at a reasonable level, a fiscally respon- nity Access Program, which is the glue am sure if they had, it would have been sible level, one that is acceptable to that makes health delivery to the poor made in order. But that should have both sides. But when the process is work in 70 communities in this coun- been allowed, to study it. clearly not acceptable to both sides, I try. Now, I acknowledge that at least four think we have an obligation to stand The chairman’s mark cut several of the amendments have some political up and say no. other programs. It cuts Rural Health overtones, and I can appreciate the em- I would like to see some support from Outreach grants, which support pri- barrassment that Members of the ma- the other side of the aisle for raising mary health care, dental care and men- jority must experience when their leg- objection to the way in which this rule tal health and telemedicine projects. It islative actions stretch the bounds of was put together. cuts those projects by 24 percent. proper rules and procedures of the Mr. LINDER. Mr. Speaker, I yield The Maternal and Child Health Care House. myself such time as I may consume. block grant is only 2.9 percent above How long, I think we know how long, Mr. Speaker, I am in no way trying the fiscal 2001 level, which means that what, 3 hours we kept that vote open to defend or impugn any question of we have a 10 percent loss of purchasing on Medicare prescription drugs. We what the Committee on Resources did, power for that program for average have subsequently read about all of the but I think the appropriate place to Americans. promises and the threats that were have a look at that is through the Then, if you go on, you see that thrown back and forth to change the Committee on House Administration or childhood immunization, the cost to result, successfully, I might add. through the bipartisan Committee on immunize a child has gone up by 24 per- Then, on a separate issue, how often Franking. I expect that will be done. cent since 2001. Appropriations have in- have we seen conference agreements Not on the floor of the House. creased by only 15 percent. So we are completed before the conference was I know they do not want to miss an having a growing gap in terms of our even convened? The gentlewoman from opportunity to make political hay over ability to immunize children in this New York (Mrs. MALONEY) had every this, but the fact of the matter is, this country. right to bring our attention to that is an inappropriate place to have that So it just seems to me, Mr. Speaker, abuse of power. discussion. that there is a substantial gap between I doubt the majority would have ap- Mr. Speaker, I reserve the balance of what we are willing to consider doing proved any of those amendments, but my time. for the average American when it they should have been debated. Ms. SLAUGHTER. Mr. Speaker, I comes to health care and what we are Then there are the two amendments yield 2 minutes to the gentleman from willing to consider doing for Members by the gentleman from California (Mr. Maryland (Mr. CARDIN). of Congress. SHERMAN). First, should C–SPAN tapes Mr. CARDIN. Mr. Speaker, let me I do not want to vote to deny health be rebroadcast for political purposes? I thank my friend from New York for care coverage of any kind to anybody, am not sure, but I think it is some- yielding me this time. but I want to say this to the majority thing that ought to be discussed on the Mr. Speaker, let me take this time in this House: if you vote for this legis- floor of the House, and I regret the fact just to express my disappointment lative appropriations bill today, by that we did not get an opportunity to with this rule and my opposition to it. God, do not dare to bring out an expan- discuss it. I listen frequently where Members of sion of health care benefits for Mem- He had a second amendment to curb Congress like to say that we do not bers of Congress until you have also another potential abuse of power. I want to treat ourselves differently brought out legislation to this floor think it could be a pretty serious one. than we treat the general public. Yet

VerDate May 21 2004 00:37 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.031 H08PT1 H5346 CONGRESSIONAL RECORD — HOUSE July 8, 2004 on this appropriations bill that affects Mr. LINDER. Mr. Speaker, I urge my Thornberry Walden (OR) Wicker our budget, we use different standards colleagues to support the rule, I yield Tiahrt Walsh Wilson (NM) Tiberi Wamp Wilson (SC) than we do on other appropriations back the balance of my time, and I Toomey Weldon (FL) Wolf bills. That is wrong. move the previous question on the res- Turner (OH) Weldon (PA) Young (AK) The ranking member, the gentleman olution. Upton Weller Young (FL) Vitter Whitfield from Virginia (Mr. MORAN), pointed out The previous question was ordered. there are only eight amendments that The SPEAKER pro tempore (Mr. NAYS—194 were offered to the Committee on FOSSELLA). The question is on the reso- Ackerman Herseth Olver Rules. It would have been very easy to lution. Alexander Hill Ortiz Allen Hinojosa Owens allow those amendments to be consid- The question was taken; and the Andrews Hoeffel Pallone ered and then use the democratic proc- Speaker pro tempore announced that Baca Holden Pascrell ess to either vote up or down those the ayes appeared to have it. Baird Hooley (OR) Pastor Baldwin Hoyer amendments. But, no, the majority re- Ms. SLAUGHTER. Mr. Speaker, on Payne Becerra Inslee Pelosi fuses to allow us to have a debate on that I demand the yeas and nays. Bell Israel Peterson (MN) this floor on issues that affect the The yeas and nays were ordered. Berkley Jackson (IL) Pomeroy manner in which we operate the legis- Berman Jackson-Lee Price (NC) The SPEAKER pro tempore. This Bishop (GA) (TX) lative branch. Rahall vote will be followed by two 5-minute Bishop (NY) Jefferson Rangel I am particularly disappointed that votes on House Resolution 706 and H.R. Boswell John Reyes the amendment offered by the gen- 3980. Boucher Johnson, E. B. Rodriguez Boyd Jones (OH) Ross tleman from California (Mr. SHERMAN) The vote was taken by electronic de- Brady (PA) Kanjorski was not made in order. We have an ob- Rothman vice, and there were—yeas 223, nays Brown (OH) Kaptur Roybal-Allard ligation to make sure that the re- 194, not voting 16, as follows: Brown, Corrine Kennedy (RI) Ruppersberger sources of this body are used appro- Capps Kildee Rush [Roll No. 336] Capuano Kilpatrick priately. That is the Committee on Ap- Ryan (OH) YEAS—223 Cardin Kind Sabo propriations’ responsibility; that is the Cardoza Kleczka Abercrombie Foley McKeon Sa´ nchez, Linda responsibility of our debate on the leg- Carson (OK) Kucinich T. Aderholt Forbes Mica Case Lampson Sanchez, Loretta islative branch bill. Yet we are not Akin Fossella Miller (FL) Chandler Langevin Sanders going to have an opportunity to see Bachus Franks (AZ) Miller (MI) Clay Lantos Sandlin Baker Frelinghuysen Miller, Gary Clyburn Larsen (WA) whether we could use a better standard Schakowsky Ballenger Gallegly Moran (KS) Conyers Larson (CT) on the franking privileges of our com- Schiff Barrett (SC) Garrett (NJ) Murphy Cooper Lee Scott (GA) mittees. Bartlett (MD) Gerlach Musgrave Costello Levin Scott (VA) It is my understanding that the ma- Barton (TX) Gibbons Myrick Cramer Lewis (GA) Serrano Bass Gilchrest Nethercutt Crowley Lipinski jority controlled that. The minority Sherman Beauprez Gillmor Neugebauer Cummings Lofgren Skelton has no opportunity. The majority has Bereuter Gingrey Ney Davis (AL) Lowey used that at least in one committee in Biggert Goode Northup Davis (CA) Lucas (KY) Slaughter a partisan manner. That is wrong. We Bilirakis Goodlatte Norwood Davis (FL) Lynch Smith (WA) Bishop (UT) Goss Nunes Snyder should have a chance to be able to de- Davis (IL) Majette Blackburn Granger Nussle Davis (TN) Maloney Solis bate that issue. Blunt Graves Osborne DeFazio Markey Spratt We work together to try to make Boehlert Green (WI) Ose DeGette Marshall Stark Boehner Greenwood Otter Delahunt Matheson Stenholm sure that the resources of the legisla- Bonilla Gutknecht Paul Strickland tive are used appropriately. In this DeLauro Matsui Bonner Hall Pearce Dicks McCarthy (MO) Stupak case, it looks like it was not. Our op- Bono Harris Pence Dingell McCarthy (NY) Tanner portunity to speak is when the legisla- Boozman Hart Peterson (PA) Doggett McCollum Tauscher Bradley (NH) Hastings (WA) Petri tive appropriation bill is on the floor. Dooley (CA) McDermott Taylor (MS) Brady (TX) Hayes Pickering Doyle McGovern Thompson (CA) We are going to be denied that oppor- Brown (SC) Hayworth Pitts Edwards McIntyre Thompson (MS) tunity, because the majority refused to Brown-Waite, Hefley Pombo Emanuel McNulty Tierney make in order an amendment so we Ginny Hensarling Porter Engel Meeks (NY) Towns Burgess Herger Portman Turner (TX) could have that debate. That is wrong. Eshoo Menendez Burns Hobson Pryce (OH) Etheridge Michaud Udall (CO) Therefore, I would ask my colleagues Burr Hoekstra Putnam Evans Millender- Udall (NM) to reject this amendment, reject this Burton (IN) Holt Radanovich Farr McDonald Van Hollen Buyer Hostettler Ramstad rule, so that we have an opportunity to Fattah Miller (NC) Vela´ zquez Calvert Houghton Regula Filner Miller, George Visclosky be able to have a full discussion on the Camp Hulshof Rehberg Ford Mollohan Waters legislative branch appropriation, as we Cannon Hunter Renzi Frank (MA) Moore Watson Cantor Hyde Reynolds Frost Moran (VA) Watt would on any other appropriations bill Capito Isakson Rogers (AL) that comes before this body. Gonzalez Murtha Waxman Carter Issa Rogers (KY) Gordon Nadler Weiner b 1145 Castle Istook Rogers (MI) Green (TX) Napolitano Wexler Chabot Jenkins Rohrabacher Grijalva Neal (MA) Woolsey Ms. SLAUGHTER. Mr. Speaker, I Chocola Johnson (CT) Ros-Lehtinen Gutierrez Oberstar Wu Coble Johnson (IL) Royce Harman Obey Wynn yield myself such time as I may con- Cole Johnson, Sam Ryan (WI) sume. Cox Jones (NC) Ryun (KS) NOT VOTING—16 Let me just close by saying, Mr. Crane Keller Saxton Berry Hastings (FL) Oxley Crenshaw Kelly Schrock Speaker, that the amendment offered Blumenauer Hinchey Platts Cubin Kennedy (MN) Sensenbrenner Carson (IN) Honda Quinn by our colleague, the gentleman from Culberson King (IA) Sessions Collins LaHood Tauzin California (Mr. SHERMAN), was per- Cunningham King (NY) Shadegg Deutsch Meehan fectly germane. The only reason in the Davis, Jo Ann Kingston Shaw Gephardt Meek (FL) world it was turned down was for polit- Davis, Tom Kirk Shays Deal (GA) Kline Sherwood ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ical reasons. It was a major embarrass- DeLay Knollenberg Shimkus The SPEAKER pro tempore (Mr. ment that they had been found out, and DeMint Kolbe Shuster FOSSELLA) (during the vote). Members I have to assure the people who are lis- Diaz-Balart, L. Latham Simmons Diaz-Balart, M. LaTourette Simpson are advised that 2 minutes remain in tening today that on my part, and I am Doolittle Leach Smith (MI) this vote. sure on the part of others, that we will Dreier Lewis (CA) Smith (NJ) not rest until we rectify this mistake, Duncan Lewis (KY) Smith (TX) b 1211 Dunn Linder Souder although it is not a mistake. It is a Ehlers LoBiondo Stearns Mr. DAVIS of Tennessee, Mr. BACA blatant attempt, frankly, to misuse Emerson Lucas (OK) Sullivan and Mrs. DAVIS of California changed taxpayers’ money as incumbent protec- English Manzullo Sweeney their vote from ‘‘yea’’ to ‘‘nay.’’ tion. Everett McCotter Tancredo Mrs. NORTHUP changed her vote Feeney McCrery Taylor (NC) Mr. Speaker, I yield back the balance Ferguson McHugh Terry from ‘‘nay’’ to ‘‘yea.’’ of my time. Flake McInnis Thomas So the resolution was agreed to.

VerDate May 21 2004 00:37 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.022 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5347 The result of the vote was announced Tiberi Walsh Wilson (NM) NATIONAL WINDSTORM IMPACT as above recorded. Toomey Wamp Wilson (SC) REDUCTION ACT OF 2004 Turner (OH) Weldon (PA) Wolf A motion to reconsider was laid on Upton Weller Young (AK) The SPEAKER pro tempore. The un- the table. Vitter Whitfield Young (FL) Walden (OR) Wicker finished business is the question of sus- f pending the rules and passing the bill, NAYS—196 H.R. 3980, as amended. Abercrombie Herseth Obey The Clerk read the title of the bill. PROVIDING FOR CONSIDERATION Ackerman Hill Olver OF H.R. 3598, MANUFACTURING Alexander Hinojosa Ortiz The SPEAKER pro tempore. The TECHNOLOGY COMPETITIVENESS Allen Hoeffel Owens question is on the motion offered by ACT OF 2004 Andrews Holden Pallone the gentleman from Texas (Mr. Baca Holt Pascrell The SPEAKER pro tempore. The Baird Hooley (OR) Pastor NEUGEBAUER) that the House suspend pending business is the question of Baldwin Hoyer Payne the rules and pass the bill, H.R. 3980, as Becerra Inslee agreeing to the resolution, H. Res. 706, Pelosi amended, on which the yeas and nays Bell Israel Peterson (MN) Berkley Jackson (IL) are ordered. on which the yeas and nays are or- Pomeroy Berman Jackson-Lee dered. Price (NC) This will be a 5-minute vote. Bishop (GA) (TX) Rahall The vote was taken by electronic de- The Clerk read the title of the resolu- Bishop (NY) Jefferson Rangel tion. Boswell John vice, and there were—yeas 387, nays 26, Boucher Johnson, E. B. Reyes not voting 20, as follows: The SPEAKER pro tempore. The Rodriguez question is on the resolution. Boyd Jones (OH) Brady (PA) Kanjorski Ross [Roll No. 338] The vote was taken by electronic de- Brown (OH) Kaptur Rothman YEAS—387 vice, and there were—yeas 217, nays Brown, Corrine Kennedy (RI) Roybal-Allard Abercrombie Cramer Hall 196, not voting 20, as follows: Capps Kildee Ruppersberger Capuano Kilpatrick Rush Ackerman Crane Harman [Roll No. 337] Cardin Kind Ryan (OH) Aderholt Crenshaw Harris Akin Crowley Hart YEAS—217 Cardoza Kleczka Sabo Carson (OK) Kucinich Sa´ nchez, Linda Alexander Cubin Hastings (WA) Aderholt Forbes Miller (MI) Case Lampson T. Allen Cummings Hayes Akin Fossella Miller, Gary Chandler Langevin Sanchez, Loretta Andrews Cunningham Hayworth Baker Franks (AZ) Moran (KS) Clay Lantos Sanders Baca Davis (AL) Hensarling Ballenger Frelinghuysen Murphy Clyburn Larsen (WA) Sandlin Bachus Davis (CA) Herger Barrett (SC) Gallegly Musgrave Conyers Larson (CT) Schakowsky Baird Davis (FL) Herseth Bartlett (MD) Garrett (NJ) Myrick Cooper Lee Schiff Baker Davis (IL) Hill Barton (TX) Gerlach Nethercutt Baldwin Davis (TN) Costello Levin Scott (GA) Hinojosa Bass Gibbons Neugebauer Ballenger Davis, Jo Ann Hobson Cramer Lewis (GA) Scott (VA) Beauprez Gilchrest Ney Barrett (SC) Davis, Tom Hoeffel Crowley Lipinski Serrano Bereuter Gillmor Northup Bartlett (MD) Deal (GA) Hoekstra Cummings Lofgren Skelton Biggert Gingrey Norwood Barton (TX) DeFazio Holden Davis (AL) Lowey Slaughter Bilirakis Goode Nunes Bass DeGette Holt Davis (CA) Lucas (KY) Smith (WA) Bishop (UT) Goodlatte Nussle Davis (FL) Lynch Beauprez Delahunt Hooley (OR) Blackburn Goss Osborne Snyder Becerra DeLauro Houghton Davis (IL) Majette Solis Blunt Granger Ose Davis (TN) Maloney Bell DeLay Hoyer Boehlert Graves Otter Spratt Bereuter DeMint Hulshof DeFazio Markey Stark Boehner Green (WI) Paul DeGette Marshall Berkley Diaz-Balart, L. Hunter Bonilla Greenwood Pearce Stenholm Berman Diaz-Balart, M. Hyde Delahunt Matheson Strickland Bonner Gutknecht Pence DeLauro Matsui Biggert Dicks Inslee Bono Hall Peterson (PA) Stupak Bilirakis Dingell Isakson Dicks McCarthy (MO) Tanner Boozman Harris Petri Dingell McCarthy (NY) Bishop (GA) Doggett Israel Tauscher Bradley (NH) Hart Pickering Doggett McCollum Bishop (NY) Dooley (CA) Issa Taylor (MS) Brady (TX) Hastings (WA) Pitts Dooley (CA) McDermott Bishop (UT) Doolittle Istook Thompson (CA) Brown (SC) Hayes Pombo Doyle McGovern Blunt Doyle Jackson (IL) Thompson (MS) Brown-Waite, Hayworth Porter Edwards McIntyre Boehlert Dreier Jackson-Lee Tierney Ginny Hefley Portman Emanuel McNulty Boehner Dunn (TX) Burgess Hensarling Pryce (OH) Engel Meehan Towns Bonilla Edwards Jefferson Burns Herger Putnam Eshoo Meeks (NY) Turner (TX) Bonner Ehlers Jenkins Burr Hobson Radanovich Etheridge Menendez Udall (CO) Bono Emanuel John Burton (IN) Hoekstra Ramstad Evans Michaud Udall (NM) Boozman Emerson Johnson (CT) Buyer Hostettler Regula Farr Millender- Van Hollen Boswell Engel Johnson (IL) Calvert Houghton Rehberg Fattah McDonald Vela´ zquez Boucher English Johnson, E. B. Camp Hulshof Renzi Filner Miller (NC) Visclosky Boyd Eshoo Jones (OH) Cannon Hunter Reynolds Ford Miller, George Waters Bradley (NH) Etheridge Kanjorski Cantor Hyde Rogers (AL) Frank (MA) Mollohan Watson Brady (PA) Evans Kaptur Capito Isakson Rogers (KY) Frost Moore Watt Brady (TX) Everett Keller Carter Issa Rogers (MI) Gonzalez Moran (VA) Waxman Brown (OH) Farr Kelly Castle Istook Rohrabacher Gordon Murtha Weiner Brown (SC) Feeney Kennedy (MN) Chabot Jenkins Ros-Lehtinen Green (TX) Nadler Wexler Brown, Corrine Ferguson Kennedy (RI) Chocola Johnson (CT) Royce Grijalva Napolitano Woolsey Brown-Waite, Filner Kildee Coble Johnson (IL) Ryan (WI) Gutierrez Neal (MA) Wu Ginny Foley Kilpatrick Cole Johnson, Sam Ryun (KS) Harman Oberstar Wynn Burgess Forbes Kind Cox Jones (NC) Saxton Burns Ford King (IA) Crane Keller Schrock NOT VOTING—20 Burr Fossella King (NY) Crenshaw Kelly Sensenbrenner Buyer Frank (MA) Kirk Bachus Hastings (FL) Oxley Cubin Kennedy (MN) Sessions Calvert Franks (AZ) Kleczka Berry Hinchey Platts Culberson King (IA) Shadegg Camp Frelinghuysen Kline Blumenauer Honda Cunningham King (NY) Shaw Quinn Cantor Frost Knollenberg Carson (IN) Knollenberg Davis, Jo Ann Kingston Shays Sherman Capito Gallegly Kolbe Collins LaHood Davis, Tom Kirk Sherwood Tauzin Capps Garrett (NJ) Kucinich Deutsch Meek (FL) Deal (GA) Kline Shimkus Weldon (FL) Capuano Gerlach Lampson Gephardt Mica DeLay Kolbe Shuster Cardin Gibbons Langevin DeMint Latham Simmons ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardoza Gilchrest Lantos Diaz-Balart, L. LaTourette Simpson Carson (OK) Gillmor Larsen (WA) Diaz-Balart, M. Leach Smith (MI) The SPEAKER pro tempore (Mr. Carter Gingrey Larson (CT) Doolittle Lewis (CA) Smith (NJ) FOSSELLA) (during the vote). Members Case Gonzalez Latham Dreier Lewis (KY) Smith (TX) are advised there are 2 minutes remain- Castle Goodlatte LaTourette Duncan Linder Souder ing in this vote. Chabot Gordon Leach Dunn LoBiondo Stearns Chandler Goss Lee Ehlers Lucas (OK) Sullivan b 1219 Chocola Granger Levin Emerson Manzullo Sweeney Clay Graves Lewis (CA) English McCotter Tancredo So the resolution was agreed to. Clyburn Green (TX) Lewis (GA) Everett McCrery Taylor (NC) The result of the vote was announced Cole Green (WI) Lewis (KY) Feeney McHugh Terry as above recorded. Conyers Greenwood Linder Ferguson McInnis Thomas Cooper Grijalva Lipinski Flake McKeon Thornberry A motion to reconsider was laid on Costello Gutierrez LoBiondo Foley Miller (FL) Tiahrt the table. Cox Gutknecht Lofgren

VerDate May 21 2004 00:37 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.025 H08PT1 H5348 CONGRESSIONAL RECORD — HOUSE July 8, 2004 Lowey Pascrell Skelton Mr. WICKER. Mr. Speaker, on rollcall No. The CHAIRMAN. When the Com- Lucas (KY) Pastor Slaughter mittee of the Whole rose on Wednes- Lucas (OK) Payne Smith (MI) 338 I was unavoidably detained. Had I been Lynch Pearce Smith (NJ) present, I would have voted ‘‘yea.’’ day, July 7, 2004, the amendment by Majette Pelosi Smith (TX) Mr. SAM JOHNSON of Texas. Mr. Speaker, the gentleman from Virginia (Mr. Maloney Peterson (MN) Smith (WA) on rollcall vote No. 338 I voted ‘‘nay.’’ It was WOLF) had been disposed of, and the Manzullo Peterson (PA) Snyder my intention to vote ‘‘yea.’’ Therefore, I ask bill was open for amendment from page Markey Petri Solis Marshall Pickering Souder unanimous consent that this be noted in the 57, line 18, through page 108, line 22. Matheson Pitts Spratt CONGRESSIONAL RECORD. AMENDMENT NO. 2 OFFERED BY MR. SANDERS Matsui Pombo Stark McCarthy (MO) Pomeroy f Mr. SANDERS. Mr. Chairman, I offer Stenholm McCarthy (NY) Porter Strickland an amendment. McCollum Portman PERSONAL EXPLANATION Stupak The CHAIRMAN. The Clerk will des- McCotter Price (NC) McCrery Pryce (OH) Sullivan Mr. OXLEY. Mr. Speaker, earlier today I at- ignate the amendment. McDermott Putnam Sweeney tended the funeral of the Honorable John The text of the amendment is as fol- McGovern Radanovich Tancredo Stozich, former State representative and lows: Tanner McHugh Rahall former mayor of my hometown of Findlay, McInnis Ramstad Tauscher Amendment No. 2 offered by Mr. SANDERS: McIntyre Rangel Taylor (MS) Ohio. At the end of the bill (before the short McKeon Regula Taylor (NC) As a result, I was absent from the House title), insert the following new title: McNulty Rehberg Terry during rollcall votes on H. Res. 707, H. Res. TITLE VIII—ADDITIONAL GENERAL Meehan Renzi Thomas PROVISIONS Meeks (NY) Reyes Thompson (CA) 706, and H.R. 3980. Had I been present, I Menendez Reynolds Thompson (MS) would have voted in favor of each. SEC. 801. None of the funds made available Mica Rodriguez in this Act may be used to make an applica- Thornberry f Michaud Rogers (AL) Tiahrt tion under section 501 of the Foreign Intel- Millender- Rogers (KY) Tiberi REREFERRAL OF H.R. 4668 TO ligence Surveillance Act of 1978 (50 U.S.C. McDonald Rogers (MI) Tierney 1861) for an order requiring the production of Miller (MI) Rohrabacher COMMITTEE ON RESOURCES Towns library circulation records, library patron Miller (NC) Ros-Lehtinen Turner (OH) Mr. SENSENBRENNER. Mr. Speak- Miller, Gary Ross lists, library Internet records, book sales Turner (TX) er, I ask unanimous consent that the Miller, George Rothman Udall (CO) records, or book customer lists. Mollohan Roybal-Allard Udall (NM) bill (H.R. 4668) to designate the third The CHAIRMAN. Points of order are Moore Ruppersberger Upton floor of the Ellis Island Immigration reserved. Moran (KS) Ryan (OH) Van Hollen Moran (VA) Ryan (WI) Museum as the ‘‘Bob Hope Memorial Vela´ zquez Pursuant to the order of the House of Murphy Ryun (KS) Library’’ be rereferred to the Com- Visclosky yesterday, the gentleman from Murtha Sabo Vitter mittee on Resources. Musgrave Sa´ nchez, Linda Vermont (Mr. SANDERS) and a Member Walden (OR) The SPEAKER pro tempore. Is there Nadler T. opposed each will control 20 minutes. Walsh Napolitano Sanchez, Loretta objection to the request of the gen- The Chair recognizes the gentleman Neal (MA) Sanders Wamp tleman from Wisconsin? Watson from Vermont (Mr. SANDERS). Nethercutt Sandlin There was no objection. Neugebauer Saxton Watt Mr. SANDERS. Mr. Chairman, I yield Waxman 1 Ney Schakowsky f myself 5 ⁄2 minutes. Northup Schiff Weiner Mr. Chairman, I have a bipartisan Norwood Schrock Weldon (FL) GENERAL LEAVE Nunes Scott (GA) Weldon (PA) amendment at the desk which is co- Nussle Scott (VA) Weller Mr. WOLF. Mr. Speaker, I ask unani- sponsored by the gentleman from Idaho Oberstar Serrano Wexler mous consent that all Members may (Mr. OTTER), the gentleman from Whitfield Obey Shaw have 5 legislative days within which to Michigan (Mr. CONYERS), the gen- Olver Shays Wilson (NM) Ortiz Sherman Wilson (SC) revise and extend their remarks and in- tleman from Texas (Mr. PAUL) and the Osborne Sherwood Wolf clude extraneous material on the fur- gentleman from New York (Mr. NAD- Ose Shimkus Woolsey ther consideration of H.R. 4574, and LER). Owens Shuster Wu that I may include tabular material on Pallone Simmons Young (AK) This amendment, which addresses the same. section 215 of the USA Patriot Act, is NAYS—26 The SPEAKER pro tempore. Is there supported by citizens across the ideo- Blackburn Hefley Pence objection to the request of the gen- logical spectrum, from conservative to Burton (IN) Hostettler Royce tleman from Virginia? progressive. This amendment is a nar- Cannon Johnson, Sam Sensenbrenner There was no objection. Coble Jones (NC) Sessions rower version of H.R. 1157, the Freedom Culberson Kingston Shadegg f to Read Protection Act, a bill I intro- Duncan Miller (FL) Simpson duced last year and which now has 145 Fattah Myrick Stearns DEPARTMENTS OF COMMERCE, bipartisan cosponsors. Flake Otter Toomey JUSTICE, AND STATE, THE JUDI- Goode Paul To date, 181 national and regional li- CIARY, AND RELATED AGENCIES brary, publishing, civil liberty and pri- NOT VOTING—20 APPROPRIATIONS ACT, 2005 vacy groups have endorsed this legisla- Berry Hinchey Rush The SPEAKER pro tempore. Pursu- tion, including the American Library Blumenauer Honda Tauzin Carson (IN) LaHood Waters ant to House Resolution 701 and rule Association, the American Book Sell- Collins Meek (FL) Wicker XVIII, the Chair declares the House in ers Association and the NIA. In fact, Deutsch Oxley Wynn the Committee of the Whole House on book sellers are way on their way to Gephardt Platts Young (FL) Hastings (FL) Quinn the State of the Union for the further securing 1 million signatures on a peti- consideration of the bill, H.R. 4754. tion drive on this issue. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Chairman, as the Members of The SPEAKER pro tempore (during b 1228 this House are well aware, in October the vote). Members are advised there IN THE COMMITTEE OF THE WHOLE 2001, Congress hastily passed the USA are 2 minutes remaining in this vote. Accordingly, the House resolved Patriot Act. This Patriot Act signifi- itself into the Committee of the Whole cantly broadened the government’s in- b 1228 House on the State of the Union for the vestigational powers. Unfortunately, further consideration of the bill (H.R. given the speed with which the Con- So (two-thirds having voted in favor 4754) making appropriations for the De- gress passed the Patriot Act, it should thereof) the rules were suspended and partments of Commerce, Justice, and come as little surprise that this new the bill, as amended, was passed. State, the Judiciary, and related agen- law has created consequences that The result of the vote was announced cies for the fiscal year ending Sep- many Members did not intend. as above recorded. tember 30, 2005, and for other purposes, Every Member of this body was ap- A motion to reconsider was laid on with Mr. HASTINGS of Washington in palled by the terrorist attack of 9/11, the table. the chair. and I know that we all are going to Stated for: The Clerk read the title of the bill. work together to do everything we can

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.009 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5349 to protect the American people from Mr. Chairman, there are opponents of leadership and for once again bringing future attacks, but I am sure that I this amendment who are suggesting this amendment before us. speak for the vast majority of the that if we pass this, the FBI and law Last year I believe if we had this Members of this body when I say that enforcement officials will be unable to amendment before us when we had the while we fight terrorism vigorously, we go into libraries and bookstores to Otter amendment and several others must do it in a way that does not un- track terrorists and that exempting li- relative to the PATRIOT Act, we would dermine the basic constitutional rights braries would ‘‘create a terrorist safety have had and should have had at least of the American people, what makes us zone.’’ This is absolutely not the case, 309 votes for this amendment as we did a free country. not the case. This amendment does not the Otter amendment. I would just like to speak to a couple b 1230 except libraries and book sellers from searches. of things. I know my office and several That is what this amendment is all The FBI will still have many legal other offices have received calls re- about. tools at its disposal as it always has, garding a veto threat on this amend- Mr. Chairman, this concern about including search warrants and criminal ment. This is the ninth such amend- protecting constitutional rights while grand jury subpoenas to attain library ment that we have received a veto we fight terrorism is not an ideological and bookstore records. threat on. issue. Again, on this point I agree with Mr. Chairman, we have an oppor- Well, I would tell you that if there is people who I often disagree with. Let tunity today to show the American that much consideration, if there is me quote Republican majority leader, people, yes, we are going to fight ter- that much concern on this bill as a former leader Dick Armey, when he rorism vigorously; but we are going to whole, then maybe we ought to take said, ‘‘Are we going to save ourselves do it while we protect the constitu- the bill back to committee and recon- from international terrorism in order tional rights of our people. Conserv- sider the bill itself rather than just the to deny the fundamental liberties we atives, progressive, moderates agree, amendment. protect to ourselves?’’ let us pass this amendment. There is no greater threat to this Na- I agree with Dick Armey. I agree Mr. WOLF. Mr. Chairman, I rise in tion in terms of terrorism than the with Newt Gingrich, who also voiced opposition to the amendment and yield drugs that are on our streets today. concerns about the USA PATRIOT Act. myself such time as I may consume. There is no greater threat and no But also what we have are four State Mr. Chairman, I rise in opposition to greater form of terrorism against our legislatures, including my own State of the gentleman’s amendment. The gen- children than the pornographers in this Vermont, 332 municipalities all across tleman’s amendment is an attempt to country, and there has been no greater the country, conservative, progressive, roll back part of the PATRIOT Act, threat in the past on a civil and law- going on record in passing resolutions which should not be done on an appro- abiding society than organized crime. expressing their concerns about this or priations bill with 20 minutes on each Yet, rather than add ‘‘domestic ter- that aspect of the PATRIOT Act. side. This is a matter that the Com- rorism’’ to this list, we have taken do- Now, one of the areas of the PA- mittee on the Judiciary, the gentleman mestic terrorism and elevated it above TRIOT Act that has received the most from Wisconsin (Mr. SENSENBRENNER) those three elements with special laws. attention is section 215 as it relates to and the gentleman from Michigan (Mr. We continue to say we are doing the the government’s ability to gain access CONYERS), ought to be holding hearings same thing with domestic terrorism as to the files of America’s libraries and on and have an opportunity to take a we have done with pornography, as we bookstores. Mr. Chairman, under 215, look at it. The business records provi- have done with drugs and as we have government agents can go into a secret sion the gentleman wishes to amend done with organized crime. FISA court and get an order requiring sunsets at the end of 2005. Not so. Not so, Mr. Chairman, be- that a library or bookstore turn over I think it is a great opportunity that cause what we have done with domestic records that would tell them what in- the Congress has oversight on this terrorism is we have removed judicial nocent Americans are reading. They do issue, and I know that the gentleman oversight and that most important role this by informing the judge that they from Wisconsin (Mr. SENSENBRENNER) that the judiciary plays—shining that are doing an investigation on inter- and the gentleman from Michigan (Mr. bright constitutional light into the national terrorism, and having said CONYERS) will be doing that aggres- dark shadows of probable cause. that, a judge in the FISA court is sively, whereby the gentleman from And so I would like to join the gen- obliged to give them a warrant to go Vermont (Mr. SANDERS) and others tleman from Vermont. I would like to into a library or into a bookstore so from both sides can come and testify; join others who are prepared to say we that they can determine the books that but the Committee on the Judiciary think that these other acts of ter- innocent Americans are reading. They must be given an opportunity to review rorism against our children and do not need to have probable cause or this policy, determine whether the gen- against our civil society as a whole are specific information on an individual tleman’s amendment is a good idea, no less important to fight against than who is alleged to be a terrorist. whether it would create a potential domestic terrorism, and, in fact, have Mr. Chairman, just so the Members safe haven for terrorists at libraries probably taken, no, have taken, Mr. of this House understand how broad and address any of these issues particu- Chairman, many more lives than were this authority is, let me quote from an larly; and that is why the Congress le- lost on 9/11. October 29, 2003, declassified memo gitimately wanted it to sunset. Mr. WOLF. Mr. Chairman, I yield from the FBI’s general counsel to all Finally, and I would tell the gentle- myself such time as I may consume be- field offices. The memo expressly men on both sides, OMB’s Statement of fore I recognize the gentleman from states that a request under section 215 Administration Policy states if any North Carolina (Mr. COBLE), to re- ‘‘is not limited to the records of the amendment that would weaken the spond. target of a full investigation. The re- USA PATRIOT Act were adopted and We just received a letter from the quest must simply be sought for a full presented to the President for his sig- Justice Department, and I wanted to investigation. Thus, if the records re- nature, the bill would be vetoed. read it for the Members. lating to one person are relevant to the I urge a ‘‘no’’ vote, and let the gen- It said, ‘‘In anticipation of the U.S. full investigation of another person, tleman from Michigan (Mr. CONYERS) House of Representatives’ consider- those records can be obtained, despite and let the gentleman from Wisconsin ation of an amendment that would pre- the fact that there is no open inves- (Mr. SENSENBRENNER) really take a lot vent the Justice Department from ob- tigation of the person to whom the sub- of time to bring the best constitutional taining records from public libraries ject of the records pertain.’’ authority together and look at this. and book stores under section 215 of To make matters even worse, Mr. That is the right way to go. the USA PATRIOT Act, your staff has Chairman, all the proceedings are se- Mr. Chairman, I yield 2 minutes to recently inquired about whether ter- cret, so the innocent persons whose the gentleman from Idaho (Mr. OTTER), rorists have ever utilized public library records are sought will not even know who has done a great job on this issue. facilities to communicate with others that his or her records have been Mr. OTTER. Mr. Chairman, I thank about committing acts of terrorism. seized. the gentleman from Vermont for his The short answer is ‘yes.’’’

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.037 H08PT1 H5350 CONGRESSIONAL RECORD — HOUSE July 8, 2004 The letter continued: ‘‘You should of business records was declassified, government will someday reveal what know that we have confirmed that, as and at that time it was made known you are reading. We do not want the recently as this past winter and spring, that the number of times section 215 chilling effect on free speech. If there a member of a terrorist group closely had been used as of that date was zero. is a real reason, if the government sus- affiliated with al Qaeda used Internet So, obviously, there is no abuse here. pects someone is looking up how to services provided by a public library. Furthermore, section 215, Mr. Chair- make atom bombs, go to a court and This terrorist used the library’s com- man, provides for a thorough congres- get a search warrant, show probable puter to communicate with his confed- sional oversight. Every 6 months the cause. That is the way it worked for 200 erates. Beyond this we are unable to Attorney General is required to inform years. It worked against the Nazis in comment.’’ the Congress on the number of times World War II, it worked in the Civil This letter is to the gentleman from agents have sought a court order under War, and it will work today. We need Wisconsin (Mr. SENSENBRENNER), Mr. section 215, as well as the number of not surrender fundamental liberty, and Chairman; and I am providing it here- times its requests were granted, modi- we should not. with for the RECORD. fied, or denied. No abuse at all on this. That is what this amendment is DEPARTMENT OF JUSTICE, And I just believe we should vote down about, and that is why we should urge OFFICE OF LEGISLATIVE AFFAIRS, the amendment. its adoption. Washington, DC, July 8, 2004. Mr. SANDERS. Mr. Chairman, I yield Mr. WOLF. Mr. Chairman, I yield 3 Hon. F. JAMES SENSENBRENNER, Jr., myself 15 seconds before I yield to the minutes to the gentleman from Con- Chairman, Committee on the Judiciary, gentleman from New York (Mr. NAD- necticut (Mr. SHAYS). House of Representatives, Washington, DC. LER) to tell my friends that it is not ac- Mr. SHAYS. Mr. Chairman, I thank DEAR CHAIRMAN SENSENBRENNER: In antici- curate that under this amendment that the gentleman for yielding me this pation of the U.S. House of Representatives’ the FBI cannot go into libraries and consideration of an amendment that would time. prevent the Justice Department from obtain- book stores. They sure can. They can I have 70 constituents who lost their ing records from public libraries and book- get subpoenas. They can go to the rights on September 11; and to hear stores under section 215 of the USA PA- grand jury. They can do it in the con- this debate, I am not sure we seem to TRIOT Act, your staff has recently inquired ventional way. We have no objection to care about that. Something told me on about whether terrorists have ever utilized that. But they cannot have a carte September 11 that we had received a public library facilities to communicate with blanche, no probable cause to check on wake-up call from hell, and that wake- others about committing acts of terrorism. the reading records of the American The short answer is ‘‘Yes.’’ up call from hell indicated we have to people. detect and prevent, because the old You should know we have confirmed that, Mr. Chairman, I yield 2 minutes to Cold War philosophy of contain and as recently as this past winter and spring, a the gentleman from New York (Mr. member of a terrorist group closely affili- react and mutually assured destruction NADLER). ated with al Qaeda used internet services went out the window. provided by a public library. This terrorist Mr. NADLER. Mr. Chairman, we have used the library’s computer to communicate to be very careful that because of this b 1245 with his confederates. Beyond this, we are war on the Islamic terrorists we do not On an appropriations bill, we are try- unable to comment. destroy our own civil liberties. The PA- ing to amend the PATRIOT Act be- We hope this information is useful to you TRIOT Act was passed in great haste, cause some librarians find it offensive and your colleagues as you consider amend- and parts of it do exactly that. ments relating to the USA Patriot Act. that we may want to go in and find out The gentleman from Virginia says who a terrorist talks with when they Sincerely, this amendment should not be consid- WILLIAM E. MOSCHELLA, use a computer, and we are going to ered without hearings by the Com- Assistant Attorney General. have another amendment that basi- mittee on the Judiciary and given cally says we need to tell them first Mr. WOLF. Mr. Chairman, I yield 2 proper consideration, but the fact is that we think they are a terrorist. minutes to the gentleman from North there were no hearings before we If we are going to detect and prevent, Carolina (Mr. COBLE). passed the PATRIOT Act. The PA- we have to break into these cells, and Mr. COBLE. Mr. Chairman, I thank TRIOT Act was warm to the touch. No the only alternative left if we see this the gentleman from Virginia for yield- one read it before it passed this House. amendment pass is that we would then ing me this time. No one knew what was in it. The bill have to go before a grand jury and Mr. Chairman, reasonable men and that came out of committee was not state our case, without probable cause, women can disagree, and hopefully dis- the bill considered by the House. So I might add, but state our case when agree agreeably, and this is a situation that is where the original flaw lies. where this is going to happen. I think We should now pass this amendment we are talking about significant na- convincing arguments can be made on not to make libraries an exempt zone. tional security issues. We may be talk- each side of the issue. And I do not As the sponsor, the gentleman from ing about a chemical weapon, a nuclear want to sound like I am knee-jerking Vermont (Mr. SANDERS), said, police weapon. We may be talking about a bi- responding to this, but should terror- will still be able to obtain records, so ological agent. We may be talking ists be able to use taxpayer-funded pub- long as they can justify their actions about breaking into a cell to prevent lic library facilities to plot a major at- based on probable cause. What is the that, and yet we are going to be told tack without fear they will be inves- difference if this amendment passes? now we need to go before a grand jury tigated by the FBI? The difference is between good police to do the same things we can do in or- I think that could come to play if work and a fishing expedition. dinary criminal cases. this amendment is, in fact, enacted. As Do we want the government rum- I am amazed beyond comprehension I understand my friend from Vermont, maging through the records of average at the lack of recognition that it is not the amendment would exempt public Americans without reason, or do we a question of if; it is a question of libraries and book stores from section want to insist at the very least that when, where, and what magnitude we 215 of the USA PATRIOT Act, which searches be based on probable cause? are going to have to face these kinds of permits the FBI, after obtaining a Fed- That is the issue. That is the issue: attacks. eral court order, and I repeat, after ob- probable cause. And I know what is going to happen taining a Federal court order, to obtain The Supreme Court of the United when these attacks happen. There will documents and other records relevant States, the Rehnquist court, gave a rap be Members coming back to the floor to international terrorism and espio- in the teeth to the administration last saying how come the CIA did not nage cases. week for claiming powers that no exec- know? How come our intelligence com- Now, there has been no abuse in this utive in an English-speaking society munity did not know? Why did they matter, Mr. Chairman. On September has claimed since before Magna Carta. fail us again? And we are going to tie 18 of last year, the number of times to We do not want tyranny. We do not their hands behind their backs anyway date that the Justice Department had want tyranny. and say we have to let a terrorist know utilized section 215 of the USA PA- This amendment is designed to say first before we break into a terrorist TRIOT Act relating to the production you can read without being afraid the cell.

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.041 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5351 The gentleman from Vermont (Mr. and women who work overseas, that tween law enforcement and intel- SANDERS) can throw his hands any way funds our war on drugs, that continues ligence agencies. Let me say that he wants, but the bottom line is we are like in the homeland security bill, our again: it is an effective communication at war with terrorists and we want to fight on terrorism and the protection tool between law enforcement and in- break into those cells and detect what of our liberty and our system, let him telligence agencies. is going on; and we sure as hell do not veto it. Let the President explain to Those of us who have studied what want to tell them we’re coming. the American people that he vetoed it went wrong on 9/11 came up with a very Mr. SERRANO. Mr. Chairman, I because the gentleman from Vermont dramatic conclusion which was pub- move to strike the last word. (Mr. SANDERS) wanted to make one lished in a joint report put out by the Let me first say I am troubled by the small change. House and Senate which said the prob- comments of the gentleman from Con- My friends, the PATRIOT Act, and I lem was communication, there was a necticut (Mr. SHAYS). To tell a New must commend the leaders of this wall that needed to be taken down; and Yorker, to have a New Yorker hear House, they are good at taking a bill in fact the PATRIOT Act helped ac- that we somehow do not care for the that does just the opposite and calling complish this, and it was a useful legis- victims of September 11 is really the it something that it is not. The PA- lative contribution by the United cheapest kind of blow a Member can TRIOT Act is everything but the PA- States Congress as the legislative body put on this House floor. I care and ev- TRIOT Act. It is probably the act that to help fight the war on terrorism. erybody else cares. takes away a lot of our abilities to con- We have agencies that set forth every But in the process of caring for the tinue to be patriots, but that is an- day in our country with the goal of victims of September 11, no one said we other issue. keeping America safe. That is no small were supposed to throw away the Con- This bill is what it is. The gentleman proposition these days. We have all read on the front page of the New York stitution of this country. If in fact we from Vermont (Mr. SANDERS) is just were attacked, as some people would trying to make it better. But I think Times, the very New York Times the propose, because we are different, if in my most important point here today is gentleman is referring to, that city we fact we were attacked because we are a we should be careful what we say and are all concerned about, the concerns great democracy, if in fact as some how we say it because this is not the about domestic attack, about right- now worries that there are things that people propose we were attacked be- time to divide the country; this is the should give us concern about our safety cause people hate our freedom and hate time to simply unite it. our way of life, then the one thing we Let me conclude my comments by re- from terrorists, that their attention have to make sure in defending our- minding us of what one of our Found- may very well be focused there. That selves and getting the bad guys is we ing Fathers, Benjamin Franklin, said: has been reported on the front page of the New York Times. do not harm the good guys and throw ‘‘They that give up essential liberty to The PATRIOT Act makes the task of away the Constitution. That would be obtain a little temporary safety de- dealing with these people and these the biggest victory for the terrorists. serve neither liberty nor safety.’’ That I know that the gentleman from Con- threats a lot easier, and I continue to is our problem at the present moment. support the PATRIOT Act, and those necticut (Mr. SHAYS) is not listening to Mr. WOLF. Mr. Chairman, I yield who are working behind the scenes us now, but I personally take great of- myself such time as I may consume. with our national security organiza- fense to the fact; and I am glad that I think one of the major issues, tions do too. the gentleman from Connecticut is now though, is this is something that We all know that no piece of legisla- listening because I think that was a should not be handled on the floor of tion this body or any body produces is low blow. I knew people that died the House in the heat of the moment going to be perfect. We all know about there. I was friends with people who with 20 minutes on each side. It is a se- unintended consequences. And so Con- died there. We all are. Everybody in rious issue. gress has done something else. We have this country became a New Yorker Secondly, I was one of the Members provided for oversight capability in that day. That is a fact of life. From who supported the 9/11 Commission. case we got something wrong, and we Oklahoma to Portland, Oregon to Thirty people from my congressional have the capacity to investigate and Miami, Florida, everybody became an district died in the attack on the Pen- correct any instances of misuse of the American and a New Yorker that day; tagon. I think instinctively, no matter PATRIOT Act, just as we would in so do not mix one with the other. which side Members are on, they would other cases where wrongdoing is al- The fact of life is that we are talking want to wait until the 9/11 Commission. leged. here about a very difficult situation. I know some have been critical of the The Permanent Select Committee on The FBI still has the right under the 9/11 Commission. I have not. I have Intelligence, which I am the chairman gentleman’s amendment to look at been supportive of it. We would want to of, regularly conducts oversight, and it what terrorists are reading and at what see what the 9/11 Commission said; did has proven to be effective and reliable. terrorists are doing. We want them to they think this was a problem. I am To that end I have frequently described do that. We want them to do that. That sure that they are looking at it. We the Intelligence Committee when I is why we support the FBI’s efforts. have been in contact with the 9/11 Com- make public speeches, which I do fre- But what somebody else is reading mission on the reorganization of the quently, as the metaphorical 1–800 which has nothing to do with terror- FBI, so there are two issues. number for anybody who has concerns ists, with an opportunity now to invade We would want to wait to hear them, about abuses under the PATRIOT Act our privacy like we have never seen be- and we would also want to bring in the or any intelligence-related activities. fore in this country, that is not what librarians, constitutional scholars, the The number to the House Permanent this argument is about, and it should Federal Bureau of Investigation, and Select Committee on Intelligence has not be mixed that way. I think it is of- others to come and review with been and continues to be publicly listed fensive to some of us who believe we thoughtful consideration, rather than a and available to anybody who wants to can defend our country and protect our heated debate with 20 minutes on each call from around the world. If you have Constitution to be reminded every day side. experienced a specific problem with the that if we question this policy and if Mr. Chairman, I yield 4 minutes to PATRIOT Act, you can now call us at we question the PATRIOT Act, we are the gentleman from Florida (Mr. our toll-free number. It only costs the somehow un-American and not patri- GOSS), chairman of the Permanent Se- taxpayers. The number is 1–877–858– otic enough. No one should ever ques- lect Committee on Intelligence. 9040. We will be happy to receive com- tion us. I never question anybody’s pa- Mr. GOSS. Mr. Chairman, I rise ments and exercise our congressional triotism or their love for this country. today in opposition to this amendment. right to oversight as appropriate. Now there is traveling around the The PATRIOT Act is not designed to be If there are problems with the PA- possible threat of a veto. If our Presi- a Draconian assault on our rights, de- TRIOT Act, fine. Let us fix them in the dent wants to veto this bill that funds spite the description some have given kind of way that the chairman has the FBI’s effort against terrorism, that it. Rather, it is a necessary fool which properly suggested. I think the gen- funds the embassy security for our men allows for effective communication be- tleman from Virginia (Mr. WOLF) has

VerDate May 21 2004 02:07 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.056 H08PT1 H5352 CONGRESSIONAL RECORD — HOUSE July 8, 2004 exactly described the right process country is that we have to give up Mr. Chairman, finally, I would like to that we should have questioning all the some, I do not believe is necessary. It add that this is an issue that should be time whether we are getting it right, is never necessary to give up freedom considered by the Committee on the particularly in areas of our own rights; to preserve freedom. I do think we Judiciary, not as an amendment to an and I think debate is well warranted. made some serious mistakes. We made appropriations bill. But this amendment and the half- a mistake in passing the PATRIOT Act Mr. SANDERS. Mr. Chairman, I yield truths which have been perpetuated under conditions of an emergency and 11⁄2 minutes to the gentleman from against the PATRIOT Act are not the under the conditions of post-9/11. We Michigan (Mr. CONYERS), ranking mem- answer. did not do a very good job at Tora ber of the Committee on the Judiciary, In closing, Members might be inter- Bora. We failed to find the individuals a hero of many. ested to know that we have not had responsible for 9/11 and we have not Mr. CONYERS. Mr. Chairman, my any specific abuse complaints brought concentrated on the people who com- congratulations to the gentleman from to our attention. Let me say that mitted this crime. Instead, we have de- Vermont for bringing this forward. again: we have not had any specific cided to invade and occupy a foreign Mr. Chairman, there are two ways abuse complaints brought to our atten- country rather than protecting and that we can get the information from tion. And on the contrary, we have had providing security here, at home pro- libraries, book stores, video stores, and significant testimony that has shown viding freedom for our people and more that is through a regular criminal war- utility of the PATRIOT Act. It is not security for this country. rant and through a grand jury sub- unfair to say that the PATRIOT Act Mr. WOLF. Mr. Chairman, I yield 3 poena, all of which is frequently used. has been and is a vital weapon in the minutes to the gentleman from Texas But doing it this way violates the war on terrorism. I would say, in my (Mr. SMITH). fourth amendment, unreasonable judgment, that lives have been saved, Mr. SMITH of Texas. Mr. Chairman, I searches and seizures; the fourteenth terrorists have been disrupted, and our thank the gentleman from Virginia amendment, due process; the first country is safer. I fully endorse the (Chairman WOLF) for yielding me this amendment, freedom of speech; and the idea of oversight by Congress, I fully time. fifth amendment, due process. For those who think they can call endorse a reporting system for any Mr. Chairman, I oppose the Sanders the Department of Justice’s hotline abuses, and I am happy to report I amendment which would make libraries and bookstores a sanctuary for ter- and get the information, this informa- know of none, and I think I am in a po- rorists. There are many misconcep- tion is classified. They will not reveal sition to report fairly on that. I urge tions about the PATRIOT Act, but sec- to the Committee on the Judiciary opposition to the amendment. whether they have used it and how Mr. SANDERS. Mr. Chairman, I yield tion 215 has received an unfair amount of criticism. Section 215 covers access much they have used it. We know that for the purpose of making a unanimous to business records. Library records, they have through an American Civil consent request to the gentleman from among other types of business records, Liberties Union lawsuit, which in the California (Mr. GEORGE MILLER). have always been accessible under this course of the suit it came out that they (Mr. GEORGE MILLER of California provision. use it, but they will not give this infor- asked and was given permission to re- mation. 1300 vise and extend his remarks.) b For those who want to suggest that Mr. GEORGE MILLER of California. These records have been subject to the oversight by Congress will take Mr. Chairman, I rise in strong support subpoenas by grand juries for more care of the Sanders amendment, let me of the Sanders amendment. Let me say than 30 years. For example, in 1997 a tell them the entire PATRIOT bill was that the problem of 9/11 was not with murder case in Florida allowed a grand substituted the night before it was what Americans were reading in the li- jury to subpoena the records from the unanimously reported from the House braries. It is what the intelligence public libraries in Miami. Committee on the Judiciary by the De- community and the FBI were not read- Section 215 actually provides more partment of Justice up in the Com- ing from its regional offices. protections than the subpoena powers mittee on Rules. So much for oversight Mr. SANDERS. Mr. Chairman, I yield of grand juries. First, this provision by Congress. Support the Sanders 1 1 ⁄2 minutes to the gentleman from does not apply to ordinary citizens en- amendment. Texas (Mr. PAUL). gaging in ordinary criminal activity. Mr. WOLF. Mr. Chairman, I reserve (Mr. PAUL asked and was given per- In order to conduct a search of records, the balance of my time. mission to revise and extend his re- the FBI must have a court order. Mr. SANDERS. Mr. Chairman, I yield marks.) Second, there are narrow restrictions 1 minute to the gentlewoman from New Mr. PAUL. Mr. Chairman, I think it on when such a record search may take York (Mrs. MALONEY). would be proper to rename this amend- place. It can only be used to obtain for- Mrs. MALONEY. Mr. Chairman, I rise ment and call it the ‘‘partial restora- eign intelligence information con- in strong support of the freedom to tion of the fourth amendment,’’ and cerning a noncitizen of the United read amendment. It is imperative that that is our attempt here. We are doing States or to obtain information relat- we do all we can to protect our country exactly what the gentleman early on ing to international terrorism or clan- against terrorism, but reinstating laws suggested: this is oversight; this is our destine intelligence activities. that allow the FBI to conduct searches responsibility. This is the proper place Again, this type of record search is on libraries with search warrants and to have the debate. It was the Congress not available in ordinary crimes or criminal subpoenas would not jeop- that created the PATRIOT Act; it is even for domestic terrorism. Library ardize national security. It would the responsibility of the Congress to do records can provide a legitimate source merely protect our constitutional right something about it if it was a mistake. of information on individuals planning to privacy and make our Nation’s li- And it, indeed, was a mistake. terrorist attacks against us. If we ex- braries free once again. I would like to think that the Amer- empt library and book store records But under the PATRIOT Act, the use ican people are with us entirely, and I from foreign intelligence investiga- of our local library is no longer free. It know a large number already are with tions, then terrorists will know exactly can cost us our civil liberties. And in us on trying to straighten up some of how to hide what they are doing. If this the U.S. that makes it very expensive. the mess caused by the Patriot Act, amendment passes, terrorists will We are talking about the basic right but I would like to say that there is know that if they use computers at to inform oneself without the threat of one basic principle that we should ap- taxpayer-funded public libraries, the the Federal Government looking over proach this with, something I approach FBI would be powerless to get records their shoulder for whatever reason it all legislation with, and that is the of their terrorist activities. When drug likes or analyzing their intellectual cu- principle of a free society is that we dealers or crime syndicates use these riosity for whatever reason they want. never have to sacrifice liberty in order computers, these very same computers, This is a chilling thought in a country to preserve it. these records have always been avail- that calls itself the land of the free. The whole notion that the purpose of able to grand juries. Why not the ter- The first amendment protects our providing freedom and liberty to this rorist records as well? right to express ourselves. We should

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.045 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5353 not need a constitutional amendment FBI told us yesterday, and many of us (Mr. HOSTETTLER asked and was that protects our right to inform our- were at that meeting, that the PA- given permission to revise and extend selves, but section 215 of the PATRIOT TRIOT Act has been very beneficial in his remarks.) Act makes us think it should be re- stopping further terrorist attacks here Mr. HOSTETTLER. Mr. Chairman, moved. I support this amendment. in the United States of America. eliminating these authorities, as this Mr. Chairman, I rise in strong support of the The PATRIOT Act expires in the amendment would do, would mean that Freedom to Read amendment. year 2005, next year; so we will have a we can get library records for run-of- This amendment would abolish section 215 chance to review it again. It has to be the-mill criminal investigations with a of the PATRIOT Act. Section 215 gives the renewed because it has a sunset provi- grand jury subpoena that does not re- FBI unlimited power to examine our library sion because we are all concerned quire a court order or judicial review, records and book-store purchases—without about the Constitution. But we are in a and it would also mean that we would providing any evidence that one is under sus- war against terrorism right now. We be eliminating or restricting section picion of terrorism. cannot wait for a terrorist attack to 215 of the PATRIOT Act, and that The free library is one of America’s great take place and then say, oh, my gosh, would preclude the government from educational and cultural traditions, and a cor- why did we not do something about it? getting the identical library records as nerstone of our communities. But under the We have to use every tool that is avail- the run-of-the-mill investigation I PATRIOT Act, use of the local library is no able to us to prevent that attack from mentioned earlier to protect national longer free. It can cost you your civil liberties, taking place in the first place, because security interests of the United States. and in the United States of America, that once it happens, then God help us all. This is at best inconsistent with regard makes it very expensive. So the FBI and the CIA and all of our to law enforcement. We aren’t talking about flag burning here. intelligence people tell us right now Congress recognized this inconsist- We’re talking about the basic right to inform the PATRIOT Act is a very valuable ency and corrected it in the U.S. PA- yourself without the threat of the Federal Gov- tool in preventing further terrorist at- TRIOT Act. For example, today by ernment looking over your shoulder for what- tacks on America. We should not be grand jury subpoena the government ever reason it likes. tinkering with it right now. Next year can obtain similar records, library or When you are doing research in a library or we can review it, but right now in a other business records, related to the browsing the bookshelves at Barnes and war against terrorism, we were told crime of cattle rustling under Title 18 Noble, you shouldn’t have to think twice about yesterday that we may be in attacks U.S.C. section 2316. But under this how your intellectual curiosity might be ana- this summer, and we have to do every- amendment we could not get identical lyzed in a Federal investigation. This is a thing we can to prevent it. And that records using a court order for ter- chilling thought in a country that calls itself the means do not mess with this thing rorism-related information. Land of the Free. right now, even though I love my good Section 215 of the PATRIOT Act only The first amendment protects our right to friend from Vermont. applies to the foreign intelligence in- express ourselves. We shouldn’t need a con- Mr. SANDERS. Mr. Chairman, I yield vestigations and allows only for the stitutional amendment that protects our right to 1 minute to the gentlewoman from collection of records for an investiga- inform ourselves. But section 215 of the PA- tion to protect against international California (Ms. LEE). TRIOT Act makes you wonder. terrorism or clandestine intelligence Ms. LEE. Mr. Chairman, let me just It’s imperative that we do all we can to pro- activities. This authority requires judi- rise today in strong support of this tect our country against terrorism. cial review, whereas a grand jury sub- amendment and thank the sponsors, es- Reinstating laws that allow the FBI to con- poena for cattle rustling on the crimi- pecially the gentleman from Vermont duct searches on library and bookstore nal side does not. for his leadership on this issue. Last records with search warrants and criminal sub- By exempting library records from year the gentleman from Vermont (Mr. poenas would not jeopardize national security. the business records authority under SANDERS) came to my district where It would merely protect our constitutional right section 215 of the PATRIOT Act, this hundreds came to express opposition to to privacy and make our Nation’s libraries free amendment creates a safe haven for this provision of the very onerous leg- again. terrorists to communicate and do re- islation that we are talking about be- Support the Freedom to Read amendment. search on the next attack that is not fore us today. Under section 215 of the Mr. WOLF. Mr. Chairman, I yield 2 created for cattle rustlers. minutes to the gentleman from Indiana PATRIOT Act, the FBI has the power Mr. SANDERS. Mr. Chairman, I yield (Mr. BURTON). to search for any tangible things, in- 45 seconds to the gentlewoman from cluding books, records, papers, docu- Mr. BURTON of Indiana. Mr. Chair- California (Ms. WOOLSEY). man, I thank the gentleman for yield- ments, and other items, in any location Ms. WOOLSEY. Mr. Chairman, I being me this time. I have high regard for after showing minimal justification. lieve in the freedom to read, and Amer- the gentleman from Vermont, my good This punishes all Americans and really icans’ right to read and purchase books friend, and the gentleman from Idaho has nothing to do with tracking down without fear of government monitoring (Mr. OTTER), and I regret that I have to terrorists. has been wiped out, it has been erased, oppose their amendment. But I want to This amendment would allow the FBI it has been undone by the passage of tell the Members why. to follow the procedures already in cur- the PATRIOT Act. Congress must re- Obviously the PATRIOT Act does rent law to obtain warrants to retrieve peal this unconstitutional provision, suspend some constitutional liberties. I records for terrorist-related or crimi- and we must do it today with this am one of those people who loves the nal investigations. But come on. Fami- amendment. Constitution and believes we should lies should not be afraid to check out The PATRIOT Act forces library not tamper with it. The problem that children’s books for fear that they may users to self-censor their reading we have is that on 9/11 we had over 3,000 be investigated for collaborating with choices out of fear. Mr. Chairman, cen- of our fellow Americans killed by ter- terrorists. sorship is not what America is about. rorists because we did not know in ad- This amendment would restore and The existing law would make one be- vance what was going to happen. This protect the privacy which is afforded to lieve that by reading a book, the 9/11 is not the kind of situation where we us by our first amendment, the rights terrorists came into existence. The ex- can wait and say, okay, we suspect of library and book store patrons which isting law would lead one to believe something is going on, we go get a were in place before the USA PATRIOT that books are the enemy. Let us not court order from a judge and say, we Act. Those that did not know this was forget the book burnings in Germany. think this guy is going to do some- written in in the dark of the night, this Books are only the enemy if we do not thing, and we go get him because in the was written in, we now know. Today we want our population to be educated. interim he may have killed 4-, 5-, or have a chance to get back the rights Mr. SANDERS. Mr. Chairman, I yield 10,000 people. We have to nail that son guaranteed by our Founding Fathers. 45 seconds to the gentlewoman from of a gun before the act takes place. Mr. WOLF. Mr. Chairman, I yield 2 Texas (Ms. JACKSON-LEE). So although some of our liberties minutes to the gentleman from Indiana Ms. JACKSON-LEE of Texas. Mr. have been temporarily suspended, the (Mr. HOSTETTLER). Chairman, just a short time away from

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.048 H08PT1 H5354 CONGRESSIONAL RECORD — HOUSE July 8, 2004 the memorializing of the loss of over question: Does that star spangled ban- (Mr. MCDERMOTT asked and was 3,000 of our brothers and sisters during ner yet wave, over the land of the free given permission to revise and extend 9/11, we stand on the floor to acknowl- and the home of the brave? He made his remarks.) edge our commitment in the war the connection between freedom and Mr. MCDERMOTT. Mr. Chairman, in against terror and for homeland secu- bravery, between courage and democ- the Bush-CIA-created democracy in rity. But not one single terrorist that racy. Iraq, they just adopted martial law. perpetrated that heinous act was found This is a time for America to have The human rights minister said it is in the libraries of America on 9/11. And courage. Courage, America. Freedom, just like the American PATRIOT Act. so I rise to support this amendment on America. Liberty, America. Support The Congress has tackled some un- the simple premise that it reinstates the Sanders amendment. usual legislation recently. The Senate legal standards for investigations of li- Mr. SANDERS. Mr. Chairman, I yield just voted to reaffirm that we actually braries and book stores which are part 45 seconds to the gentleman from New support the Geneva Conventions, and of the constitutional protection of the Mexico (Mr. UDALL). today we are in the House debating no first amendment, and protectionss that (Mr. UDALL of New Mexico asked less than the freedoms guaranteed by were eliminated under the U.S. PA- and was given permission to revise and the first amendment in our Constitu- TRIOT Act. extend his remarks.) tion, freedoms that were compromised I simply ask my colleagues to recog- Mr. UDALL of New Mexico. Mr. in a rush to judgment by this adminis- nize that the war on terror does not re- Chairman, I rise today in strong sup- tration. quire us to drop our constitutional port of the Sanders-Otter amendment, They did not get in martial law here rights at the door of this body or the which would help restore the privacy yet, but they have got it in mind. They courthouse. Let us stand for the bal- and first amendment rights of library want to have the government able to ance between democracy and security and bookstore patrons. reach into our lives, no matter what we On the day the PATRIOT Act passed and support this amendment and defeat are doing, no matter what you read in in this body, few Americans were aware the unconstitutional intrusion on our the library. Do not buy a ticket to of its harmful impact. Today, I can tell rights! ‘‘Fahrenheit 9/11’’ on the Internet, be- you Americans and my constituents cause they will get your Internet 1315 b are appalled at the emasculation of our records. They are going to get every- Mr. SANDERS. Mr. Chairman, I yield Constitution. thing about your life, and they will Section 215 granted authorities un- 45 seconds to the gentleman from New continue to do it until we finally wind precedented powers to search or order a York (Mr. ENGEL). up with martial law. search of library and bookstore records Mr. ENGEL. Mr. Chairman, I rise in The amendment before the House would without probable cause or the need for strong support of the Sanders amend- grant Americans the freedom to read books search warrants. This is absolutely un- ment. I voted for the PATRIOT Act, I from the local library or your favorite book- precedented. Those rights to a search voted for all the appropriations for the store, without the FBI looking over your shoul- warrant, to probable cause, are in the war against terror, I voted for all the der. United States Constitution. They were intelligence appropriations, and will Yes, we are here to restore one of the swept aside in the PATRIOT Act. continue to do so. But I think we have founding principles of this Nation. Today, we to be careful. We have to carefully bal- We should make the commonsense changes that this amendment makes. I have to legislate freedom. There is a strong ance the war against terror with our possibility that Republicans will vote against personal freedoms. urge support of the Sanders-Otter amendment. the amendment and kill the right for an Amer- With the passage of the PATRIOT ican to read without fear of snooping by the Act, the FBI gained the unprecedented Mr. WOLF. Mr. Chairman, I yield 1 minute to the gentleman from Con- government power to search libraries and book-buy- There is every reason to believe that Ameri- necticut (Mr. SHAYS). ing records without probable cause of Mr. SHAYS. Mr. Chairman, with all cans will end this day not really knowing any crime or intent to commit a crime. due respect, I think we are swallowing whether the book they just checked out of the Furthermore, librarians and others camels and straining out gnats. We library has placed them on the FBI watch list. who are required to turn over records talked about the fact that you need Who is to say what books might get you are barred from informing anyone that probable cause under the PATRIOT placed under surveillance by the government. the search has occurred or that records Act. You do not need it under existing Maybe you like history and want to know were given to the government. This law. You can go to a grand jury under about the people who led nations against us. means that average Americans could existing law and get this information, That alone would prompt Attorney General have their privacy violated wholesale right now. John Ashcroft to consider you a subversive. without justification or proper judicial I would submit that we are not And, you will never know. oversight. thinking straight. We are at war with The so-called Patriot Act has made a patsy This amendment will not limit the terrorists. We need to respond to what out of the first amendment. There is a secret ability of the FBI and the Department we most fear: A chemical, biological, court that can let the government peer into of Justice to fight terrorism. This or nuclear attack. Or even a conven- your private life. They can pry, snoop, spy, in- amendment will ensure that library or tional weapon used in a pretty horrific trude, watch, poke around, and access your bookstore records relating to an Amer- way, with dirty weapons, dirty nuclear records, your life, without your knowledge, for- ican who is not the subject of an inves- material. That is a fact. I am not in- get about consent. tigation will not wind up in the govern- venting something. I have had 50 hear- The Attorney General wants the power. He ment’s hands without the benefit or ings on this. insists he must have the power to protect protection of the courts. The bottom line is, you remove this America from Americans, any American he Mr. SANDERS. Mr. Chairman, I yield from the PATRIOT Act, and they can deems shady. What’s the threshold? Well, 45 seconds to the gentleman from Ohio still do all the bad things they want. that’s a secret and a moving target. Today, (Mr. KUCINICH). Under the PATRIOT Act, you have to maybe John Ashcroft won’t like Catcher in the Mr. KUCINICH. Mr. Chairman, 9/11 go to the Justice Department, you Rye and consider you subversive if you check was a great tragedy. An even greater have to go to FISA, and then you have it out. Tomorrow, maybe it will be The Great tragedy is the destruction of our Bill of to get a court order. I would submit it Gatsby, or perhaps Germany’s Secret Weap- Rights. is a safer way. ons of World War II, or The Da Vinci Code. The PATRIOT Act gives the govern- The advantage is you do not have to There’s no limit to what the Attorney General ment the right to search library read- tell a whole lot of people you are doing might consider subversive. There’s no limit to ing lists. Our government should not it. You get the records of what they are the spying he can order. There’s no limit on care what people are reading; it should reading, what they are talking about, government intrusion in your life. There are, care that our people can read. Fear and then know whether we need to act however, new limits, severe limits to what this passed the PATRIOT Act, and fear will more strongly. country is all about—freedom. destroy our democracy. Mr. SANDERS. Mr. Chairman, I yield Are there bad people out there? Of course When Francis Scott Key wrote that 45 seconds to the gentleman from there are. And there are effective laws avail- ‘‘Star Spangled Banner,’’ he raised a Washington (Mr. MCDERMOTT). able to the Attorney General and the FBI to

VerDate May 21 2004 02:07 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K08JY7.051 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5355 find these people. Every American does not We also know that al Qaeda, and from Michigan (Mr. CONYERS), I will need to be put under surveillance in order to frankly, Osama bin Laden lived in not be at that 2 o’clock meeting we are protect America. Sudan from 1991 to 1995 and nobody did going to have. The hearings have not If you let government break into any Ameri- a darn thing about it. Nobody did a been held. can’s private life without a rational check and thing about it. They could have picked Since hearings have not been held, balance, a cold wind will blow across this Na- him up several times, and they did since the FBI has not been asked, since tion and make us less free and no less vulner- nothing about it. But we know that we have not been hit, I strongly urge able. We can fight the war on terror without Osama bin Laden and others want to Members on both sides, even though declaring war on freedom. We can keep bring about death and destruction and you have reservations and doubts, to America safe and keep America free. kill American citizens. We have seen vote down this amendment and allow I urge the House to restore freedom to the beheading of Nicholas Berg and the gentleman from Wisconsin (Mr. every American. I urge the House to pass the others. SENSENBRENNER) and the gentleman Freedom to Read Protection Act. If we are to Has the PATRIOT Act helped us and from Michigan (Mr. CONYERS) to do remain the Land of the Free, we need to de- our safety? I believe it has, and based their work and make sure that what- fend civil liberty as vigorously as we prosecute on briefings that other Members on ever they do is appropriate and con- the war on terror. both sides have had, they do believe stitutional and in the best interests of Mr. SANDERS. Mr. Chairman, I yield that it has actually helped us and kept this country. myself the balance of my time. what took place at the Pentagon, in Mr. Chairman. I urge members for a Mr. Chairman, let me conclude. I am my area, and I agree with what the ‘‘no’’ vote. distressed by anybody in this body who gentleman from New York (Mr. Ms. HARMAN. Mr. Chairman, although I suggests that any Member of this body SERRANO) said, up in their area, where have expressed serious concerns about our is not going to do everything that he or they have deep, deep concern. We know government’s ability to search library and book she can to fight terrorism. We are all it does and has helped. store records, I do not believe that the Sand- in that together. But in the process of Now, on this amendment, was Mr. ers amendment is the proper vehicle for ad- fighting terrorism, it is imperative Mueller, the Director of the FBI, and dressing this concern. I will reluctantly oppose that this body maintain the basic con- the gentleman from New York (Mr. it. stitutional rights which have made us SERRANO) would agree, has been asked The PATRIOT Act is a flawed law. It was a free country. what he thinks of this amendment? passed just 7 weeks after September 11, There is nothing in this amendment Has he been asked if this amendment 2001, without meaningful debate about how its which prohibits the FBI or the govern- hurt their efforts with regard to cut- new, wide-ranging powers would impact civil ment from going into libraries or book- ting off al Qaeda and other groups from liberties. The Act contains some important pro- stores as quickly as they can when killing United States citizens? visions, such as modernizing law enforcement they have to. This legislation that we We see the letter that came from the tools. But it also contains some highly prob- are supporting is supported by conserv- Justice Department. I put it in the lematic provisions, such as those that poten- atives, by moderates, by progressives, RECORD. It said, ‘‘You should know,’’ tially give law enforcement officials a license by people who are fighting hard, not this was to the gentleman from Wis- to go on fishing expeditions for personal infor- only against terrorism, but fighting consin (Mr. SENSENBRENNER), ‘‘we have mation unrelated to terrorism. hard to maintain the basic freedoms confirmed that as recently as this past I believe we must carefully review the PA- which make our country the envy of winter and spring,’’ winter and spring, TRIOT Act when it comes up for reauthoriza- the world and a free Nation. And in the two times apparently, ‘‘a member of a tion next year. Congress should decide which fight against terrorism, we have got to terrorist group closely affiliated with provisions are necessary to win the war on keep our eyes on two prizes, the terror- al Qaeda,’’ the al Qaeda who did the 9/ terrorism, and which are unnecessarily harmful ists and the United States Constitu- 11, al Qaeda who did Tanzania, al Qaeda to civil liberties. This process should not be tion. who did Nairobi, al Qaeda who did the done ‘‘on the fly’’ in the middle of an election Mr. WOLF. Mr. Chairman, I move to USS Cole, al Qaeda who did the World year, before we have an opportunity to under- strike the last word. Trade Center in 1993, that al Qaeda stand the Act’s full ramifications. Mr. Chairman, I again rise in opposi- that ‘‘used Internet services provided That is why I also oppose any effort to tion. The debate has been good, by a public library.’’ make permanent the PATRIOT Act. We adopt- though; and I think it is good we have Now, this says in here to the gen- ed this bill in a rush. We wisely included sun- had it. tleman from Wisconsin (Mr. SENSEN- set provisions that kick-in after sufficient time Let me say, first, that the PATRIOT BRENNER) that in the winter and the has passed to allow us to carefully assess the Act does not allow or authorize martial spring somebody connected with al effectiveness of the provisions and their im- law. It is important we know that. It Qaeda used the Internet at a public li- pact on civil liberties. Let’s not rush to make does not. brary. If we can stop what took place permanent any of the provisions without the Second, in the statement the gen- in my area with regard to the Pen- careful review we initially envisioned. tleman from New York (Mr. NADLER) tagon, then I want to stop that, be- The responsible course of action is to revise made, it was inaccurate when he stated cause we have gone to enough funerals, the PATRIOT Act after we understand how that grand jury subpoenas issued for and you all have gone to enough, and best to improve it. business records, including library two of my children live in New York Mr. OTTER. Mr. Chairman, the freedom to records, in ordinary criminal investiga- City, and I know how the gentleman read what we want—it may not be the first tions are governed by a probable cause from New York (Mr. SERRANO) and thing that comes to mind when we talk about standard. That is not so. Rather, grand those of you feel. It says they have those basic, unalienable rights for which gen- jury subpoenas in criminal investiga- used it. erations of American heroes have fought and tions are governed by a standard of rel- Lastly, will this create a safe haven? died. The idea of a government controlling evance, the same standard that applies I do not know. Let us let the gen- what we read is the stuff of history books and to the issuance of court orders for the tleman from Michigan (Mr. CONYERS) horror stories about tyrants and dictators. It is production of business records in intel- and the gentleman from Wisconsin (Mr. not something we expect to face here in ligence investigations pursuant to sec- SENSENBRENNER) and the members of America—the Land of the Free. tion 215 of the PATRIOT Act. the Committee on the Judiciary look That was before the passage of the USA So, really, you cannot just get down at it. PATRIOT Act. Section 215 of that law has here and say this and say that, because It comes to an end. The Congress had given Americans reason to wonder whether we are moving people. People are lis- wisdom to bring it to a sunset in 2005. the government might be looking over their tening back in their offices. Have hearings been held? I would ask shoulders when they check out books and ma- Third, there has been a lot of talk the gentleman, Have hearings been terials from their local library. It has dan- about legal issues here. We have not held on this issue by the Committee on gerously undermined the people’s confidence been hit since 9/11. No one has died in the Judiciary? There have not been. I in their government and threatens the precious an attack on this country since 9/11. We see the gentleman from Michigan (Mr. freedoms we enjoy under the First amend- know that. CONYERS), and I say to the gentleman ment.

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\A08JY7.016 H08PT1 H5356 CONGRESSIONAL RECORD — HOUSE July 8, 2004 That’s why I support this amendment today. that was recommended by the Presi- cine. We pushed for UN Security Council Res- I fully recognize the need to provide our law dent. olution 986, and the OFF program was cre- enforcement officers with the tools necessary I am offering this amendment, taking ated. If effective, it would have reduced the to combat terrorism and keep Americans safe. money from the United Nations appro- humanitarian impact of the sanctions while However, security bought at the price of the priations, international organizations preventing Hussein from buying weapons. freedoms on which our Nation was founded is and, because I am concerned about the Unfortunately, Hussein cheated OFF and no real security at all. Certain parts of the Pa- additional money that the United Na- the UN didn’t stop it. He managed to get his triot Act, including Section 215, may have tions has taken and has in their posses- hands on at least $10 billion of OFF money. seemed understandable in the short term, but sion from the Oil-for-Food program. Other countries were complicit in helping him they are intolerable over time. We need to set I think this Congress should be very cheat. France and Russia demanded that we things right before our precious constitutional concerned about what has happened in let Hussein design OFF. It allowed Hussein to rights are eroded beyond recognition. the Oil-for-Food program. This par- pick the price for his oil, to pick his customers, We sacrifice something much more dear ticular line item appropriation was in- and to control the people who audited him. than our physical safety when we fail to be creased 19.4 percent above last year, Within a few years, the flawed program al- diligent in defending our freedoms. Once lost, even though there are reports that the lowed Hussein to sell at low prices in ex- they seldom if ever are regained. And whether U.N. kept $100 million of the Oil-for- change for kickbacks that were funneled into the tyranny that robs me of my liberties comes Food money to pay for its own oper- Swiss bank accounts. This was suspected at from abroad or starts here at home makes no ating expenses. This money was in- the time, but it was impossible to fix it. Fixing difference. It is equally unwelcome. I am just tended to rebuild Iraq, but instead the it would have required unanimous support of as committed to protecting Americans from American taxpayer is currently paying the Permanent Members of the Security Coun- their own government’s excesses as from the the tab. cil, including France and Russia. At the time, violence of foreign extremists. Also, the U.N. collected .8 percent of these countries said that they wanted to end The degree to which that commitment has the Oil-for-Food transactions to pay the sanctions completely. France, Russia, and captured America’s imagination and has found for weapons inspections, but between China all had oil contracts with Iraq that would growing support here among my colleagues is 1999 and 2002, the U.N. collected $400 have been activated, resulting in huge benefits one of the most gratifying experiences in my million for weapons inspection, even for these countries had the sanctions been republic life. A vote for this amendment is a vote though no inspections took place. moved. to restore Americans’ confidence in the ability So that is where the $20 million At the same time, UN bureaucrats in Iraq of Congress to protect the freedoms they hold would come from. It goes to increase were slow to file reports and bring irregular- dear. the appropriation up to the President’s ities to the attention of the Security Council Mr. WOLF. Mr. Chairman, I yield request for the National Institute of and its oversight committee. Furthermore, Iraq back the balance of my time. Standards and Technology, NIST. paid its UN auditors. The more trading they al- You know, it is a simple amendment The CHAIRMAN. The question is on lowed, the more money the UN got. These ar- that I think is fair, that I would hope the amendment offered by the gen- rangements have only come to light since would be in order so that this body tleman from Vermont (Mr. SANDERS). Saddam Hussein’s fall. There are reports that could consider how far we wanted to go The question was taken; and the even the UN’s head of the Oil-for-Food pro- increasing some of the appropriations Chairman announced that the noes ap- gram, Benon Sevan, was on the take from to the United Nations, again by 19.4 peared to have it. Hussein. percent at a time when it is reported Mr. SANDERS. Mr. Chairman, I de- The United States and Britain have pushed mand a recorded vote. that they have, in effect, confiscated $400 million for weapons inspections for an audit to find out what happened. Paul The CHAIRMAN. Pursuant to clause Volcker, a former Chairman of the Federal Re- 6 of rule XVIII, further proceedings on that they did not make; at a time when they have taken another $100 million serve, is heading a UN investigation. How- the amendment offered by the gen- ever, the UN is stonewalling. Sevan sent let- tleman from Vermont (Mr. SANDERS) off according to an article in the Wall Street Journal, to pay for their own ters ordering UN offices to refuse to cooper- will be postponed. ate. Russia has asserted that it will not re- Mr. SMITH of Michigan. Mr. Chair- administrative expenses. I think it is reasonable and appro- lease any documents. And other UN bureau- man, I offer an amendment. crats have refused to share papers. I have The CHAIRMAN. The amendment of- priate that we send a signal to the United Nations that we are not going sponsored legislation that would cut U.S. sup- fered by the gentleman from Michigan port for the UN if it doesn’t cooperate. (Mr. SMITH) addresses a portion of the to have this dramatic 19.4 percent in- The real story here is that many countries bill that has been passed in the read- crease in those kind of appropriations, make decisions based solely on what is good ing. Does the gentleman ask for unani- at a time when the United Nations has for their country, with no regard for the goals mous consent for its consideration at issued orders apparently to not release and ideals of the UN Charter. Certainly, this this point in the reading? the background of the Oil-for-Food pro- calls the Security Council’s moral authority into Mr. SMITH of Michigan. Mr. Chair- gram, when countries that were in- question and degrades its capacity to respond man, I do. volved in the Oil-for-Food program appropriately to events. Is it any wonder that, The CHAIRMAN. Is there objection such as Russia, such as France, such as under pressure from these countries, UN to its consideration at this point in the some of the other countries that now could not agree to support us in Iraq? And is reading? have instructed their people not to re- it any wonder that at the first threat of danger, Mr. SERRANO. Mr. Chairman, I ob- lease the information so that we can the UN pulled out? We need to carry out a full ject. appropriately investigate what hap- and thorough investigation and make changes The CHAIRMAN. Objection is heard. pened in the misuse of that Oil-for- if the United States is to continue with some Mr. WOLF. Mr. Chairman, I move to Food program funds. degree of confidence. strike the last word. Recently, both my Agriculture and Inter- And with that, Mr. Speaker, we can Mr. SMITH of Michigan. Mr. Chair- national Relations Committees held hearings proceed to the point of order. I would man, will the gentleman yield. on the United Nation’s Oil-for-Food (OFF) pro- hope that inasmuch as this amendment Mr. WOLF. I yield to the gentleman gram scandal. That program taught us a lot was included in the unanimous consent from Michigan. about the United Nations’ (UN) weaknesses to be allowed to be considered, that we (Mr. SMITH of Michigan asked and and explain the actions of countries like would allow my amendment to be con- was given permission to revise and ex- France and Russia when they worked against sidered. tend his remarks.) us last year. The UN placed trade sanctions on Iraq after Mr. Chairman, I would like to ques- b 1330 Saddam Hussein invaded Kuwait in 1991. By tion the ruling of the chair on whether Mr. SMITH of Michigan. This amend- 1995, the sanctions were widely blamed for a or not the amendment has been passed. ment would take money from the developing humanitarian crisis in Iraq. The The CHAIRMAN. The unanimous United Nations and would put that $20 United States and Britain realized that Iraq, consent request to consider the amend- million in NIST, the National Institute which has the second largest oil reserves in ment at this point was objected to. The of Standards and Technology, at a level the world, could trade oil for food and medi- amendment is not pending.

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.018 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5357 PARLIAMENTARY INQUIRY has to do with tuberculosis, malaria, as and I strongly, strongly support it. I Mr. SMITH of Michigan. May I have well as AIDS, may be used to promote want to thank the gentleman from a parliamentary inquiry, Mr. Chair- or advocate the legalization of pros- Missouri for offering it. man? titution or sex trafficking, and that no The exploitation of women is very The CHAIRMAN. The gentleman will funds may be given to any group or or- common, and, unfortunately, a grow- state his parliamentary inquiry. ganization that does not have a policy ing, growing problem. I appreciate the Mr. SMITH of Michigan. Mr. Chair- that is explicitly opposing prostitution leadership of the gentleman from New man, I refer to the unanimous consent and sex trafficking. Jersey (Mr. SMITH) and the gentleman request that was made last night ask- We have received word that there are from Pennsylvania (Mr. PITTS) and oth- ing unanimous consent that during fur- groups who actively promote prostitu- ers on this issue. ther consideration of this bill, H.R. tion on their Web site, that they have So I strongly support the amend- 4754, that the following amendments be received U.S. tax dollars in the past, ment. allowed to be offered, and my amend- and that is why this language is impor- Mr. AKIN. Mr. Chairman, I reserve ment is included in that list. tant and why it must be enforced. the balance of my time. The CHAIRMAN. That order of the If we subsidize any organization, we Mr. SERRANO. Mr. Chairman, I rise House of yesterday did not waive the unavoidably enrich and empower all of to claim the time in opposition, and I yield myself such time as I may con- requirement that the amendment come the activities of that particular organi- sume. at the appropriate place in the reading. zation, and clearly it is not in the in- To be honest, there is some confusion Mr. SMITH of Michigan. Mr. Chair- terest of our foreign policy to enrich or around here as to where this amend- empower organizations that refuse to man, I am not questioning the points ment is going. I know that the chair- denounce prostitution and sex traf- of order against the amendment. I am man already said it is a good amend- ficking. questioning the ruling of the Chair ment, and I understand my colleague Now, I probably should make this that this amendment cannot be offered said he would accept the amendment. point very clear that, first of all, my at this time. But we are just trying to figure out if, amendment applies only to the $15 bil- The CHAIRMAN. The portion of the indeed, this amendment should be on lion of AIDS money, and also, that this bill adderssed by the gentleman’s this bill at all, or if it should be in the amendment in no way prevents the dis- amendment has already been passed in foreign operations bill. the reading. Therefore, the gentleman tribution of condoms or medications to I would like to ask the chairman that would need unanimous consent to re- prostitutes or women sold into the sex question, if he feels this belongs here, turn to that portion of the bill without trade. It simply mandates that the or- or if he feels it belongs in the foreign which, the amendment would be sub- ganization distributing these items operations bill. And secondly, if he un- ject to a point of order.. must have a statement opposing pros- derstands, as I do, that this bill really Mr. SMITH of Michigan. And I guess, titution and sex trafficking. In fact, in speaks not to one section of our bill I Mr. Chairman, reluctantly I will accept paragraph (e) of the law, it says, guess, but to all sections, that if some- the ruling of the Chair. ‘‘Nothing in the preceding sentence one does not have a written policy, a AMENDMENT NO. 20 OFFERED BY MR. AKIN shall be construed to preclude the pro- policy, by the way, that no one is Mr. AKIN. Mr. Chairman, I offer an vision to individuals of,’’ and it goes on against in this House or should be amendment. to the different types of medical care. against, that this would go into effect. The CHAIRMAN. The Clerk will des- Mr. Chairman, when the United In other words, this would not be the ignate the amendment. States sends tax dollars to treat and first time that there is some confusion The text of the amendment is as fol- prevent AIDS in Africa, we are telling on an amendment, and that is what we lows: women that we are interested in their are trying to say. well-being, and we must never confuse Amendment No. 20 offered by Mr. AKIN: Mr. WOLF. Mr. Chairman, will the At the end of the bill (before the short that message by financially supporting gentleman yield? title), insert the following: organizations that actually promote Mr. SERRANO. I yield to the gen- TITLE VIII—ADDITIONAL GENERAL prostitution and sex trafficking. tleman from Virginia. PROVISIONS Now, this may be a little bit theo- Mr. WOLF. Mr. Chairman, we have SEC. 801. None of the funds made available retical; sometimes we deal with statis- been led to believe that only, as the in this Act may be used in contravention of tics in this Chamber. But in my own gentleman said, applies to the section the provisions of subsections (e) and (f) of experience, traveling to India, to that he made clear earlier, only to that section 301 of the United States Leadership Mumbai, we had a tour of the red light section dealing with HIV/AIDS. I per- Against HIV/AIDS, Tuberculosis, and Ma- district, and we saw the people that sonally, though, would make it apply laria Act of 2003 (Public Law 108–25; 22 U.S.C. were victims of the sex traffic trade. In to everything, because of the thought 7631(e) and (f)). fact, we saw their children, about two of the exploitation to women. But un- The CHAIRMAN. All points of order dozen of them. And one of the things fortunately, it just applies to that one are reserved. Pursuant to the order of that we were told is that when those very narrow section. the House of yesterday, the gentleman children come, first of all, to this house I think it is appropriate on this bill, from Missouri (Mr. AKIN) and a Mem- where they can be finally treated de- because we have extensive funding in ber opposed each will control 10 min- cently, and they are told that they this bill with regards to sexual traf- utes. have a bed, when it comes nighttime, ficking. But unfortunately, it does just The Chair recognizes the gentleman they crawl underneath the bed. They cover that narrow section with regard from Missouri (Mr. AKIN) for 10 min- crawl under the bed because that is to HIV/AIDS. utes. where their mother trained them to Mr. SERRANO. Mr. Chairman, re- Mr. AKIN. Mr. Chairman, I yield my- stay while she was making her living claiming my time, the amendment ex- self such time as I may consume. in the evenings. tends the prohibition against all funds About a year or so ago we passed the So we do not want to have any way in this bill to assist any group or orga- $15 billion AIDS package, and we did so that any of our policies could be con- nization that does not have an explicit because we believed in the principles of strued with United States money for in policy against prostitution or sex traf- prevention coupled with treatment. any way endorsing or supporting any ficking; again, something we are all in Now, the amendment that I am offer- organization that is not explicitly will- favor of getting rid of. ing here today is to make a crystal- ing to denounce the trafficking and the The bill funds the Justice Depart- clear understanding that the intention misuse of women and children in the ment, the Commerce Department, and of the United States Congress and the sex trade. the Judiciary. The question is why American people is in regard to the dis- Mr. Chairman, I yield such time as he should we refuse to help a small manu- tribution of this money. may consume to the gentleman from facturing firm that seeks MEP assist- The amendment simply codifies ex- Virginia (Mr. WOLF). ance, for instance, because they do not isting law by ensuring that no taxpayer Mr. WOLF. Mr. Chairman, just for 30 have a written policy against prostitu- funds designated for this bill, which seconds. This is a good amendment, tion? Why should we encumber COPS

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.066 H08PT1 H5358 CONGRESSIONAL RECORD — HOUSE July 8, 2004 funds to local police departments or I would just make my last appeal to tracting HIV, or how to avoid spreading it, if tell the courts they cannot pay a court the gentleman. I think this may be an every organization she turns to rejects the reporting organization that does not issue that people want to discuss; but very basis of her situation, of her existence? explicitly prohibit prostitution? What it is certainly, from everything we can How can she trust an organization that be- effect does this amendment have on gather, not intended to be part of this lieves that prostitution is a choice for her? scientific grants from NIST and con- bill. Secondly, it leaves incredible Just take a look at the case of Thailand. On tracts from NOAA? questions open. As I said before, any- Sunday the 15th International AIDS Con- There are some who will question the one seeking a grant under this bill, this ference will take place there, and I think we motives of the opponents of this bill has many areas where you can, in should take a look at how Thailand confronted amendment and suggest that we do not fact, seek funding to do medical re- its own HIV epidemic among its sex workers. fight strongly enough against prostitu- search, to do all kind of research, to The government wasn’t saying one thing tion and sex trafficking. I am just con- contract with the government; and this and doing another by proclaiming its opposi- cerned that this will cast aspersions on is so open that nowhere else I think in tion to the commercial sex industry. us because we think this is an our government do we say that you It was actively trying to reach out to sex overbroad amendment with unintended must first sign a document committing workers and to make it easy for them to come consequences. I just wish, Mr. Chair- yourself to something before you can into a health clinic, get information about HIV/ man, that we would really take a clos- even be involved in receiving Federal AIDS, get access to condoms, and mitigate er look here in consultation with the dollars. their risk of getting, or further spreading the sponsor, because this, I think, accom- There are laws that cover behavior, disease. plishes or does much more than we yes, that is true, fair housing, discrimi- Like the case in Thailand, we should be think it does. nation and so on. But this one, my God, reaching out to these women, not turning them Mr. Chairman, I reserve the balance there are people who have not even away. We should also be helping them to get of my time. looked at this issue. And to suggest an education, start a business, and hold down Mr. AKIN. Mr. Chairman, I yield the that if they do not have it down in a job. balance of my time to the gentleman writing, they have a policy that they The amendment we passed last year was a from New Jersey (Mr. SMITH). have to present this policy, they can- flawed piece of public policy, and by extending Mr. SMITH of New Jersey. Mr. Chair- not engage in research or engage in this policy, this amendment we are consid- man, I rise in strong support of the building or something else, it is totally ering today is equally flawed. Akin amendment which affirms, reaf- out of left field to me. I really think I urge my colleagues to oppose it. firms existing U.S. policy of two of the this is overreaching. This is too broad, Mr. SERRANO. Mr. Chairman, I yield most heinous practices known to hu- and I was really hoping that the chair- back the balance of my time. mankind: sex trafficking and prostitu- man would see it that way and oppose The CHAIRMAN. The question is on tion. it for the time being. I hope we could the amendment offered by the gen- It should be very clear that the Akin reconsider it. tleman from Missouri (Mr. AKIN). amendment reiterates that funding in Ms. LEE. Mr. Chairman, I rise in opposition The question was taken; and the this bill cannot be used to circumvent to the amendment offered by the gentlemen Chairman announced that the ayes ap- provisions already existing in law, Pub- from Missouri, Mr. AKIN. peared to have it. lic Law 108–225. As with the existing Not only is this amendment redundant and Mr. AKIN. Mr. Chairman, I demand a law, the Akin amendment states that unnecessary, because the existing language is recorded vote. no taxpayer funds designated for HIV/ already contained in last year’s Global HIV/ The CHAIRMAN. Pursuant to clause AIDS prevention may be used to pro- AIDS bill, but this amendment is also an ex- 6 of rule XVIII, further proceedings on mote or to advocate the legalization of tension of a bad piece of public health policy. this motion are postponed. prostitution or sex trafficking, and Mr. Chairman, of course we don’t support AMENDMENT NO. 4 OFFERED BY MR. OTTER that no funds may be given to any the legalization of either of these practices, Mr. OTTER. Mr. Chairman, I offer an group or organization that does not and we would never allow the taxpayers amendment. have a policy explicitly opposing pros- money to be used to advocate or support for The CHAIRMAN. The Clerk will des- titution or sex trafficking. their legalization. ignate the amendment. As the author of both the Trafficking But to deny funding to an organization, any The text of the amendment is as fol- Victims Protection Act of 2000 and the organization mind you, because it doesn’t lows: Trafficking Victims Reauthorization have a specific policy that is opposed to either Amendment No. 4 offered by Mr. OTTER: Act of 2003, I believe that the U.S. of these practices is counterprodutive to Insert before the short title at the end the following: should do everything in its power to achieving our long term goals of reducing the combat and to eliminate human traf- spread of the disease, and treating those al- TITLE VIII—NOTICE OF SEARCH WARRANTS ficking in prostitution. ready infected. Those who advocate the legalization How can an organization that is seeking to SEC. 801. Section 3103a of title 18, United mitigate the risk of infection for sex workers States Code, is amended— of prostitution, I believe, are doing a (1) in subsection (b)— grave disservice to women and demean- reach out to these women when we require (A) in paragraph (1), by striking ‘‘may have ing their dignity. them to have an affirmative policy in place that an adverse result (as defined in section 2705)’’ would turn these very women away from re- b 1345 and inserting ‘‘will endanger the life or phys- ceiving education and treatment for HIV/AIDS? ical safety of an individual, result in flight Individuals and groups seeking to re- It’s not like the women who get involved in from prosecution, or result in the destruc- ceive U.S. assistance to fight AIDS who the sex trade are doing it as a matter of tion of or tampering with the evidence believe that the legalization of pros- choice. They are doing it to survive. They are sought under the warrant’’; and titution or they turn a blind eye to forced to sell their bodies to put food on the (B) in paragraph (3), by striking ‘‘a reasonable period’’ and all that follows and insert- prostitution are part of the problem. table for themselves and their families. For They are not part of the solution. ing ‘‘seven calendar days, which period, upon them, it is survival sex. application of the Attorney General, the Mr. Chairman, the horrors of sex Last year I traveled to Zambia on a Con- Deputy Attorney General, or an Associate trafficking, which is indeed modern- gressional Delegation, where I had the oppor- Attorney General, may thereafter be ex- day slavery, and the ugliness of pros- tunity to meet some of these women at tended by the court for additional periods of titution cannot be understated. The re- Chirundu, one of the border crossings into up to seven calendar days each if the court cently released ‘‘Trafficking in Persons Zimbabwe. finds, for each application, reasonable cause Report,’’ which was done pursuant to I can tell you, the women who live in the to believe that notice of the execution of the our Act, has pointed out that some surrounding community at Chirundu are eco- warrant will endanger the life or physical 600,000 to 800,000 people are trafficked safety of an individual, result in flight from nomically destitute with no employment oppor- prosecution, or result in the destruction of every year across borders. I urge a tunities, they are forced into the commercial or tampering with the evidence sought under ‘‘yes’’ vote for the Akin amendment. sex industry to survive. the warrant.’’; and Mr. SERRANO. Mr. Chairman, I yield What incentive will such a woman have to (2) by adding at the end the following new myself such time as I may consume. learn about how to protect herself from con- subsection:

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.069 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5359 ‘‘(c) REPORTS.—(1) On a semiannual basis, person is created unique, is something Ben Franklin was already quoted the Attorney General shall transmit to Con- unique to the United States and cannot today. And Thomas Jefferson, cau- gress and make public a report concerning and should not be taken away, espe- tioning us against relinquishing our in- all requests for delays of notice, and for ex- cially not by its own government. If we alienable rights to even a well-meaning tensions of delays of notice, with respect to warrants under subsection (b). cannot trust our own government to government said: ‘‘A freedom govern- ‘‘(2) Each report under paragraph (1) shall not make war on its own people, how ment is founded in jealousy, not con- include, with respect to the preceding six- can we trust this same government to fidence. It is jealousy and not con- month period— make war with our enemies? That is fidence which prescribes limited con- ‘‘(A) the total number of requests for why I am so concerned about the way stitutions to bind those we are obliged delays of notice with respect to warrants we have expanded the power of govern- to trust with power. So in questions of under subsection (b); ment to do sneak-and-peek searches. political power, speak to me not of con- ‘‘(B) the total number of such requests granted or denied; and The issue at hand is not when or where fidence in men, but bind them down ‘‘(C) for each request for delayed notice or how often these warrants may be ex- from mischief with the chains of the that was granted, the total number of appli- ecuted or may be used; the fact that Constitution.’’ cations for extensions of the delay of notice government has the power at all should Mr. Chairman, this is the deepest and the total number of such extensions be something of great concern to all of root in our tree of liberty and that is granted or denied.’’. us. the rights of individuals to be free to The CHAIRMAN. Points of order are I do not doubt that the provisions of exercise under the fourth amendment reserved. the PATRIOT Act that address sneak- and to be secure in their own homes Pursuant to the order of the House of and-peek were well intended. It is im- and their own privacy. A vote for the yesterday, the gentleman from Idaho portant to know that we are safe and people and not the government is a (Mr. OTTER) and a Member opposed will secure within the borders of this coun- vote for this amendment. each control 5 minutes. try. Mr. Chairman, we cannot, we will Mr. Chairman, I yield for the purpose The Chair recognizes the gentleman not be safe in this country unless we of making a unanimous consent re- from Idaho (Mr. OTTER). are secure under the fourth amendment quest to the gentleman from Virginia Mr. OTTER. Mr. Chairman, I yield to the privacy of our own person and (Mr. SCOTT). myself such time as I may consume. our own property. (Mr. SCOTT of Virginia asked and Mr. Chairman, earlier today on an- I understand that the sneak-and-peek was given permission to revise and ex- other amendment, we heard the distin- warrants were used before the passage tend his remarks.) guished chairman of the subcommittee of the PATRIOT Act. We discussed that Mr. SCOTT of Virginia. Mr. Chair- mention that we should leave the PA- earlier. There were certain provisions man, I rise in support of the amend- TRIOT Act and my amendments there which the authorities had to go ment. up to the gentleman from Wisconsin through before they could simply waltz Mr. Chairman, I rise in support of the (Mr. SENSENBRENNER) and up to the into somebody’s home. By broadening amendment offered by my colleague, the gen- gentleman from Michigan (Mr. CON- the use of the sneak-and-peek warrants tleman from Idaho, of which I am a co-spon- YERS). and making them the standard rather sor. Mr. Chairman, we did not leave the than the exception, the PATRIOT act The Fourth Amendment provides that ‘‘The PATRIOT Act up to the Committee on threatens our liberties that were given right of the people to be secure in their per- the Judiciary, up to the gentleman us by our Creator and are now pro- sons, houses, papers, and effects, against un- from Michigan (Mr. CONYERS) and up to tected by the Constitution. That is why reasonable searches and seizures, shall not the gentleman from Wisconsin (Mr. I am offering this amendment today. be violated, and no warrants shall issue, but SENSENBRENNER), as was discussed and As Americans, I believe our funda- upon probable cause, supported by oath or af- has never been refuted. This PATRIOT mental belief that each of us is ulti- firmation, and particularly describing the place Act that we have been having to deal mately responsible for safeguarding to be searched, and the persons or things to with for the last 3 years was snuck in ourselves. It is our obligation and our be seized.’’ at the very last minute. duty as citizens to this great Nation to The Fourth Amendment’s protections So the gentleman from Wisconsin see to it that we are secure in our own against unreasonable searches and seizures (Mr. SENSENBRENNER) and the gen- liberties, and it is our responsibility are put into practice, in part, by the Federal tleman from Michigan (Mr. CONYERS), first and then the government’s. Rules of Criminal Procedure. Rule 41 specifi- who the chairman now wants to turn We would be justifiably enraged if cally requires the government to obtain a war- over the jurisdiction for the PATRIOT some individual or a group acted to de- rant before a search is conducted. It also re- Act, never got a chance to take a final stroy our Constitution, all at once to quires that the government give notice to a look at the actual PATRIOT Act itself. wipe away in one terrible moment the person whose property was seized during a Mr. Chairman, I rise today to discuss centuries of struggle and countless search, or from whose premises property was an amendment that, I believe, renews lives sacrificed to winning the liberties seized. And the Supreme Court has tradition- an important balance between pro- we hold so dear. ally held that an officer must knock and an- tecting our liberties and protecting our It is equally important that we jeal- nounce his presence before serving a search Nation. I understand that the language ously guard against allowing our free- warrant, absent exigent circumstances such is subject to a point of order, and I am doms to be chipped away piece by piece as reasonable belief such notice would jeop- prepared to deal with that. However, before our eyes, that we do all we can ardize life or limb, or result in destruction of this issue drives to the core of who we to hold back those small, but insignifi- evidence or escape of the person named in are, or who I hope we are as Americans. cant, strokes of tyrannical erosion the warrant. Moreover, while delayed notice And I believe it is important to address which can in time fell even the great- for searches of oral and wire communications today. est of our institutions, the Declaration are authorized by law under certain conditions, The fourth amendment which proof Independence and the Constitution as a general rule, covert physical searches for tects us from unreasonable searches of the United States. physical evidence were not permitted prior to and seizures by government came from I am not the first to have these con- the PATRIOT Act. a firsthand experience of our Founding cerns. Those before me have said it The notice requirement enables the person Fathers. Then King George III called it more eloquently than I. James Madison whose property is to be searched to assert his what it really was, writs of assistance, recognized the importance of guarding or her Fourth Amendment rights by pointing and before that it was also mentioned our individual liberties with constant out irregularities such as the police have the in the Magna Carta. vigilance when he said: ‘‘Since the gen- wrong address, or ensuring that only those So what we have done with the PA- eral civilization of mankind, I believe areas specified are searched, if the area to be TRIOT Act and sneak-and-peek provi- there are more instances of the abridg- searched is a room in a house, that does not sions of search warrants has destroyed ment of freedom of the people by grad- include the car in the garage. many, many years of efforts by free- ual and silent encroachments of those The so called ‘‘sneak and peek’’ secret dom fighters throughout the decades. in power than by violent and sudden search warrant provision allows law enforce- This idea of individuality, that each usurpations.’’ ment to conduct a secret search on a person’s

VerDate May 21 2004 00:51 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A08JY7.020 H08PT1 H5360 CONGRESSIONAL RECORD — HOUSE July 8, 2004 premises or computer without notice. If they tisan issue. I ask my colleagues to join me in existing Federal law that prohibits lo- get the wrong house or business and it hap- support of this essential legislation to protect calities from refusing to allow their of- pens to be yours, you may never know about the rights of all Americans. ficers to report aliens who commit it. Or if the search is conducted improperly, POINT OF ORDER crimes to the immigration authorities. but nothing incriminating is found, you may Mr. WOLF. Mr. Chairman, I appre- My amendment would provide fund- never know about it. Sneak and peek warrants ciate the gentleman’s strong feelings ing for the Department of Justice to provide no sanction for failure to notify the and he makes a very powerful case, and enforce section 642 of the Illegal Immi- subject of the search or for unlawful activity if I can see how passionate he is about it. gration Reform and Immigration Re- nobody is aware of it and if no incriminating I think this is one of those cases that sponsibility Act of 1996. Section 642 of evidence is found. Law enforcement personnel ought to be done by the gentleman the act forbids localities from pre- will need to validate a search only when prop- from Michigan (Mr. CONYERS) and the venting their police officers from re- erty is seized and then delayed notice must be gentleman from Wisconsin (Mr. SEN- porting immigration information to given. Meanwhile, the notice can be weeks or SENBRENNER). the Federal Government. However, even months after the fact. And in that time As a result of that, Mr. Chairman, I some cities and counties have contin- period, several searches may have been con- make a point of order against the ued to refuse to allow their officers to ducted without any results or continuing jus- amendment because it proposes to provide information to the Federal tification. change existing law constituting legis- Government, and that is in violation of Moreover, this gives law enforcement offi- lation in an appropriations bill and, Federal law. cials access to someone’s personal property therefore, violates clause 2 of rule XXI. Without this information, the Fed- and information without the person’s knowl- The rule states in pertinent part: ‘‘An eral immigration authorities cannot edge. Law enforcement personnel can search amendment to a general appropriation take steps to remove these criminal il- through your drawers, go through your files in- legal aliens from American streets. cluding medical and financial records, read bill shall not be in order if changing existing law.’’ Under these so-called ‘‘sanctuary poli- your diaries, and surf through computer cies’’ in certain cities and counties, the websites you have visited, just to name a few This amendment directly amends existing law. I ask for a ruling from the police cannot report the illegal aliens invasive practices. The person conducting the who commit crimes to the immigration search will have access to very private, very Chair. I am certain that this will be an issue that will be discussed quite deep- authorities for deportation. As a re- personal, information about you and your fam- sult, taxpayers pay to incarcerate ille- ily, without your knowledge. And what if the ly by the committee. gal alien prisoners who are later re- government agent conducting the search hap- The CHAIRMAN. Does the gentleman from Idaho wish to be heard on the leased back on to the street. pens to be your neighbor or someone you see These sanctuary policies have disas- at the store or at a PTA meeting? Without point of order? Mr. OTTER. Mr. Chairman, I fully trous consequence for future victims. your knowledge, that person has continuing Repeat offenses by criminal illegal access to—and knows the most intimate of appreciate what the good chairman has said relative to my amendment and its aliens are preventable crimes. These details about—your life. This level of privacy offenders should have been removed invasion is unjustifiable. being out of order. from the United Nations as soon as Preventing terrorism has become a more ur- Mr. Chairman, I withdraw the their first crimes were discovered. gent and necessary goal of law enforcement amendment. since the 9/11 tragedies. Yet, we don’t want to The CHAIRMAN. The amendment is Their prompt removal prevents future accomplish for the terrorists something they withdrawn. crimes. We can act to prevent crime by could not accomplish themselves—reducing AMENDMENT NO. 23 OFFERED BY MR. KING OF funding enforcement of section 462 by the rights, freedoms, and protections our sys- IOWA the Department of Justice. The Subcommittee on Immigration, tem provides us all. The Otter amendment Mr. KING of Iowa. Mr. Chairman, I Border Security and Claims held an finds a working middle-ground that will satisfy offer an amendment. oversight hearing on the public safety our country’s need for heightened security The CHAIRMAN. The Clerk will des- while at the same time ensuring that our free- ignate the amendment. consequences of local immigration doms and protections remain intact. The The text of the amendment is as fol- sanctuary policies on February 27, 2003. amendment limits the reasons for sneak and lows: But despite that February 2003 hearing, sanctuary policies remain in place with peek warrants to three specific circumstances, Amendment No. 23 offered by Mr. KING of when notice would cause either the life or Iowa: disastrous consequences. Less than 4 physical safety of a person to be put in dan- At the end of the bill, insert after the last months after that hearing in June of ger, flight from prosecution, or the destruction section (preceding the short title), the fol- 2003, a 9-year-old girl was dragged from lowing: of evidence. It also includes a seven-day time her San Jose home in broad daylight limit for the delayed notice. This time limit cre- TITLE VIII—ADDITIONAL GENERAL and was kidnapped, tortured, and raped PROVISIONS ates a pattern of uniformity for those involved over 3 days before finally being rein law enforcement and is a reasonable period SEC. 801. (a) For expenses necessary for en- leased by her assailant. forcing subsections (a) and (b) of section 642 According to press reports, the man by which to inform the person subject to the of the Illegal Immigration Reform and Immi- warrant of the clandestine search. In the case arrested and charged with nine felony grant Responsibility Act of 1996 (8 U.S.C. counts related to the terrifying abduc- where a court finds that notice of the warrant 1373), $1,000,000. within the seven-day period will lead to one of (b) The amount otherwise provided in this tion and sexual assault was an illegal the three enunciated circumstances, the Act for ‘‘DEPARTMENT OF JUSTICE— alien who had already admitted a amendment authorizes unlimited additional LEGAL ACTIVITIES—SALARIES AND EXPENSES, crime. Originally, the suspect was ar- seven-day delays. This amendment encour- GENERAL LEGAL ACTIVITIES’’ is hereby re- raigned under the name Enrique Sosa ages use of these warrants in appropriate cir- duced by $1,000,000. Alvarez, but a fingerprint check identi- cumstances, will prevent misuse of the prac- The CHAIRMAN. Points of order are fied him as David Montiel Cruz. Under tice, and ensures the protection of our civil lib- reserved. Pursuant to the order of the the name Cruz, this man was pre- erties. House of yesterday, the gentleman viously convicted of auto theft. Ac- Encouraging the judiciary to issue sneak from Iowa (Mr. KING) and a Member op- cording to the San Jose Police Depart- and peek warrants without offering any mean- posed each will control 5 minutes. ment’s policy, section L7911 of the Line ingful guidance on their use will end in dis- The Chair recognizes the gentleman and Operations Procedure, officers may aster. This amendment is unequivocally Amer- from Iowa (Mr. KING). not ‘‘initiate police action when the ican. It recognizes the need to protect our Mr. KING of Iowa. Mr. Chairman, I primary objective is directed towards country and our selves. It gives meaning to yield myself such time as I may con- discovering the alien status of a per- Section 213 of the PATRIOT Act within the sume. son.’’ parameters of our democracy so that it can be (Mr. KING of Iowa asked and was Because the officer who investigated an effective tool rather than a wasted provi- given permission to revise and extend the previous auto theft could not ask sion. his remarks.) about Mr. Cruz’s immigration status, Mr. Chairman, safeguarding the rights guar- Mr. KING of Iowa. Mr. Chairman, I his hands were tied and he could not anteed to us by the Constitution is not a par- offer this amendment today to enforce verify with the Federal Government

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.022 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5361 whether Mr. Cruz was allowed in the gentleman should have done the venture to say if you are a citizen who United States. We will never know if amendment on the right bill as the looked at the immigration department this crime against this 9-year-old girl other Members sought to do. So it just as a group of folks who were not inter- could have been prevented if Federal does not fit. ested necessarily in helping you but law were enforced. Now, I would say, and I have offered making your life difficult, you do not My amendment would fund enforce- the gentleman a number of times and I feel comfortable dealing with immigra- ment of section 642. This section does will do it again, that I think either the tion officials. not require local authorities to report gentleman is trying to get something On the other hand, local police de- all immigration information they out to get a vote to see what happens, partments throughout this country would uncover to the Federal immigra- or he is trying to get it done. I would have done a great job in letting immi- tion authorities, but rather it simply rather get it done, and I know that it grants, regardless of their status, know prohibits local authorities from having is a problem. That is a problem even in that they are here to help and they are a blanket policy to refuse to commu- my region and other regions. here to work together with them. So nicate this information with the Fed- The way to do it is to bring the ad- what the local police departments have eral Government. ministration up, to bring the Justice been able to accomplish above all is to This is essential because in the exam- Department up, bring the Department gain the confidence of newly-arrived ple I just spoke of, the accused kid- of Homeland Security up, and sit down folks in this country so that when they napper and rapist never should have and have them resolve the issue, and see a crime, when they see someone been in this country in the first place. honey gets people more than a stick, committing a crime, they come forth, We must not allow illegal aliens whose and particularly this agency that the give information, participate and assist presence was never reported to Federal gentleman is amending the bill for the the police. immigration authorities due to illegal Justice Department is not the agency The reason local law enforcement sanctuary policies to continue to com- to enforce it. does not want any of these amend- mit brutal crimes. We must not provide I will be glad to set up the meetings ments to pass or their involvement in sanctuary to criminals. and see what we can do to resolve this. enforcing immigration law, which I look forward to working with the Because of this reason, I oppose the would be the effect of this, is that they gentleman from Virginia (Mr. WOLF), amendment. then would be seen by those immi- and I appreciate his work on this entire Mr. Chairman, I reserve the balance grants as someone that cannot be bill and other Members to encourage of my time. trusted, someone they cannot deal the Department of Justice to enforce The CHAIRMAN. The gentleman with, and they will lose their ability to the Federal law which prohibits local- from Iowa (Mr. KING) yielded back his do what they do best, which is solve ities from having sanctuary policies. time. Is the gentleman asking unani- local crime and get the bad folks who I urge support for my amendment mous consent to reclaim his 30 seconds create problems in our communities. which funds enforcement of section 642. he yielded back? So, please, I would want everyone Mr. Chairman, I yield back the bal- Mr. KING of Iowa. I do. who looks at this series of amendments ance of my time. The CHAIRMAN. Is there objection to pay attention to the fact that while to the request of the gentleman from it may look good on its face, the final b 1400 Iowa? result is local law enforcement officials Mr. WOLF. Mr. Chairman, I rise in There was no objection. being seen by the immigrant commu- opposition to the amendment. The CHAIRMAN. The gentleman nity as adversaries, as enemies in some The CHAIRMAN. The gentleman from Iowa is recognized for 30 seconds. cases. This is not what the police de- from Virginia (Mr. WOLF) is recognized Mr. KING of Iowa. Mr. Chairman, I partments want to do. This is not what for 5 minutes. yield myself such time as I may con- they should do, and this is not what we Mr. WOLF. Mr. Chairman, I yield sume. should ask them to do. myself such time as I may consume. I would just point out that the Attor- Mr. WOLF. Mr. Chairman, I yield I support what the gentleman is try- ney General enforces the laws of the myself such time as I may consume. ing to do, but what agency would get United States, and enforcement of this We are opposed to the amendment. I the money? section would be under the Department want to put in the RECORD that we will Mr. KING of Iowa. Mr. Chairman, of Justice and Attorney General. be glad to work with the gentleman will the gentleman yield? Mr. Chairman, I yield back the bal- and bring the Department of Homeland Mr. WOLF. I yield to the gentleman ance of my time. Security and the Department of Jus- from Iowa. Mr. SERRANO. Mr. Chairman, I tice up and see if we can try to do what Mr. KING of Iowa. Mr. Chairman, the move to strike the last word. this amendment does not do, but we agency that this amendment transfers It almost gets tiresome to deal with can really try to accomplish what they to is the Department of Justice. the fact that this amendment keeps are trying to accomplish. Mr. WOLF. But this law is not en- coming up every so often, and it just Ms. JACKSON-LEE of Texas. Mr. Chair- forced by the Department of Justice. looks different, or it attempts to sound man, I rise in opposition to Representative This law is enforced by Department of different, but it is the same amend- King’s amendment to the Commerce Justice, Homeland Security. ment. And we have to understand that, and State Appropriations Act for FY2005. This I rise in opposition to the gentle- but we need to explain it over and over is an indirect attempt to further the objectives man’s amendment. The gentleman’s again. of the CLEAR Act (H.R. 2671) and its Senate amendment provides $1 million to en- What these amendments try to do, counterpart (S. 1906). These bills would com- force two sections of the Illegal Immi- and the King amendment is part of this pel State and local police officers to become gration Reform and Immigrant Respon- approach, is to engage local law en- federal immigration agents by denying them sibility Act. However, the amendment forcement, local police departments, access to Federal funds they are already re- does not specify what agency would re- local sheriffs departments in enforcing ceiving if they refuse to become immigration ceive this funding. immigration law. On its face that does agents. Secondly, what agency would get this not sound terrible, but in reality it is a Subsections (a) and (b) of section 642 of funding and be tasked with enforcing major problem. That is the reason why the Illegal Immigration Reform and Immigrant these immigration provisions? Enforce- just about every single local police de- Responsibility Act of 1996, 8 U.S.C. § 1373, ment of this section of the immigra- partment in the Nation has repeatedly (IIRIA) prohibits Federal, State or local govern- tion law is the responsibility of the De- stated that they do not want to take ment officials from preventing or restricting partment of Homeland Security. The on the duties of enforcing immigration any government entity from exchanging infor- Homeland Security Act specifically law. mation with the Bureau of Immigration and changed the responsibility from the At- Here is the problem. Whether you are Customs Enforcement (ICE) regarding the citi- torney General to the Department of here undocumented, or whether you zenship status or immigration status of any in- Homeland Security. No agency funded are here legally awaiting citizenship or dividual. The King amendment would provide in this bill has that responsibility. The another status, and, in fact, I would additional funds for enforcing these provisions.

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\K08JY7.078 H08PT1 H5362 CONGRESSIONAL RECORD — HOUSE July 8, 2004 While these provisions just prohibit State and government so the individual can be deported. The U.N. placed trade sanctions on local governments from preventing this ex- To hide the illegal status of a criminal alien Iraq after Saddam Hussein invaded Ku- change of information, the ultimate objective, only means more crime. wait in 1991. By 1995, the sanctions which is expressed in the CLEAR Act, is to re- This amendment does nothing to change were widely blamed for the developing quire State and local police officers to assist existing immigration law. This amendment humanitarian crisis in Iraq. ICE in enforcing the civil provisions of the Im- simply requires the Federal government to en- The U.S. and Britain realized that migration and Nationality Act (INA). I oppose force current law. Iraq, which has the second largest oil this objective. Mr. WOLF. Mr. Chairman, I yield reserves in the world, could trade oil In immigrant communities, it is particularly back the balance of my time. for food and medicine. We pushed the difficult for the police to establish the relation- The CHAIRMAN. The question is on U.N. Security Council Resolution 986, ships that are the foundations for successful the amendment offered by the gen- and the so-called Oil-for-Food program police work. Many immigrants come from tleman from Iowa (Mr. KING). was created. If effective, it would have countries in which people are afraid of police, The question was taken; and the reduced the humanitarian impact of who may be corrupt or even violent, and the Chairman announced that the noes ap- the sanctions while preventing Hussein prospect of being reported to the immigration peared to have it. from buying weapons. service would be further reason for distrusting Mr. KING of Iowa. Mr. Chairman, I Unfortunately, Hussein cheated the the police. demand a recorded vote. OFF program, and the U.N. did not In some cities, criminals have exploited the The CHAIRMAN. Pursuant to clause stop it. He managed to get his hands on fear that immigrant communities have of all 6 of rule XVIII, further proceedings on at least $10 billion of Oil-for-Food law enforcement officials. For instance in Dur- this question will be postponed. money. Other countries were complicit ham, North Carolina, thieves told their vic- AMENDMENT OFFERED BY MR. SMITH OF in helping him cheat. France and Rus- tims—in a community of migrant workers and MICHIGAN sia demanded that we let Hussein de- new immigrants—that if they called the police Mr. SMITH of Michigan. Mr. Chair- sign the OFF, the Oil-for-Food, pro- they would be deported. Local police officers man, I offer an amendment. gram. It allowed Hussein to pick the have found that people are being robbed mul- The CHAIRMAN. The Clerk will des- price for his oil, to pick his customers, tiple times and are not reporting the crimes ignate the amendment. to control the people who audited him, because of such fear instilled by robbers. The text of the amendment is as fol- and within a few years the flawed pro- These immigrants are left vulnerable to crimes lows: gram allowed Hussein to sell at low of all sorts, not just robbery. Amendment offered by Mr. SMITH of Michi- prices in exchange for kickbacks that Many communities find it difficult financially gan: were funneled into Swiss bank ac- to support a police force with the personnel Page 72, line 17, after the dollar amount in- counts. and equipment necessary to perform regular sert ‘‘(reduced by $20,000,000)’’. This was suspected at the time, but police work. Having State and local police The CHAIRMAN. All point of orders it was impossible to fix. Fixing it forces report immigration status to ICE would are reserved. would have required unanimous sup- be a misuse of these limited resources. Pursuant to the order of the House of port from the permanent members of ICE also has limited resources. it does not yesterday, the gentleman from Michi- the Security Council, including France have the resources it needs to deport dan- gan (Mr. SMITH) and a Member opposed and Russia, and at the time these coun- gerous criminal aliens, prevent persons from each will control 5 minutes. tries said that they wanted to end the unlawfully entering or remaining in the United The Chair recognizes the gentleman sanctions completely. Of course, States, and enforce immigration laws in the in- from Michigan (Mr. SMITH). France and Russia and China all had terior of the country. Responding to every Mr. SMITH of Michigan. Mr. Chair- oil contracts with Iraq and Hussein State and local police officer’s report of some- man, I yield myself such time as I may that would have been activated, result- one who appears to be an illegal alien would consume. ing in huge benefits for those countries prevent ICE from properly prioritizing its ef- This amendment is offered partially had the sanctions been removed. forts. representing my concern that under I repeat, this funding for this appro- Local police can and should report immi- the UC that was offered last night, this priation that we are trying to reduce grants to the immigration service in some situ- body would not allow the full amend- by $20 million is from a line item that ations. The decision to contact the immigration ment. However, under that UC this is increased 19.4 percent over last year, service, however, should be a matter of police amendment is appropriate, according and even with the $20 million reduction discretion. to the Parliamentarian. still results in a 17.4 percent increase. I urge you to vote against this amendment. My concern is that this body should The U.N. bureaucrats and what is Mr. SMITH of Texas. Mr. Chairman, I sup- express concern, if not outrage, about happening in the U.N. should concern port the King Amendment, which would des- the actions of the United Nations in us. There is no question that the U.N. ignate funds to enforce a section of the United the Oil-for-Food program. It should be was slow to file reports and bring irreg- States Code that has been law since 1996. a heads-up, a reminder, that we cannot ularities to the attention of the Secu- The Illegal Immigration Reform and Immi- ask the United Nations to be respon- rity Council and its oversight com- grant Responsibility Act of 1996, prohibits sible for so many things that affect our mittee. states and localities from refusing to share in- future. Furthermore, Iraq paid its U.N. audi- formation with the Federal government on the The particular language of this tors. Iraq, Saddam Hussein, was paying immigration status of individuals. amendment takes appropriations and the auditors that were supposed to Some localities don’t allow their officers to dollars from United Nations contribu- audit them, and the more trading they report the illegal status of criminal aliens to the tions to international organizations allowed, the more money the U.N. got. Federal government. This is a direct violation line item. This appropriation is re- These arrangements have only come of Federal law and hinders our efforts to reduced by $20 million. I would call to my to light since Saddam Hussein’s fall. move criminal immigrants from the United colleagues’ attention that this appro- There are reports that even the U.N.’s States. It turns these localities into resorts for priation is increased 19.4 percent over head of the Oil-for-Food program, illegal immigrants. last year. Even with this amendment, Benon Sevan, was on the take from The Federal government cannot do its job of there is still a 17.4 percent increase. Hussein. deporting criminal aliens if law enforcement is Recently, both my Committee on Ag- Mr. Chairman, let us not go through not telling the Federal government who these riculture and Committee on Inter- this bill of making these kinds of huge individuals are. This results in a situation national Relations held hearings on the appropriations from the United States where criminal aliens are arrested, jailed, and United Nations Oil-for-Food, the so- taxpayers to the U.N. without calling then released into our communities where called OFF program, scandal. That pro- to attention these kinds of discrep- they commit more crimes. gram taught us a lot about the United ancies. The U.S. and Britain have When State and local law enforcement offi- Nations’ weaknesses and I think ex- pushed for an audit to find out what cers arrest someone for a crime, and it be- plains the actions of countries like happened. comes apparent that the person is an illegal France and Russia when they worked Paul Volcker, a former Chairman of alien, this should be reported to the Federal against us over the last several years. the Federal Reserve, is heading a U.N.

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.026 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5363 investigation. However, the U.N. is demned, and if the U.N. does not par- U.N. is doing something that is uncon- stonewalling. Mr. Sevan sent letters ticipate, if Volcker says he is not get- scionable and that should not be ac- ordering U.N. offices to refuse to co- ting the cooperation, the only criti- ceptable. operate. I am going to say that again. cism of the Smith amendment is it will When we have other countries that This U.N. official sent letters ordering not do enough. It should not do $20 mil- are complicit, apparently, in this graft- the U.N. offices to refuse to cooperate. lion; that is wimpy. type program of oil for food, along with what appears to be a reluctance of the Russia has asserted that it will not re- b 1415 lease any documents, and other U.N. United Nations to cooperate, we need a bureaucrats have refused to share pa- It should do $50 million, $60 million. signal. I would hope this $20 million pers. It will be a wimpy amendment if they would be spent for science and re- I have sponsored legislation that do not cooperate. Volcker has said he search, because I chair the Sub- would cut U.S. support for the U.N. if it wants to pursue this, and he believes committee on Research. does not cooperate. I would hope that he is making progress. And the FBI and Mr. WOLF. Reclaiming my time, it is bill would at least come to this floor FinCEN and Secret Service will be in- not. And I do not think the gentleman for debate. volved. would want to do anything that would Mr. Chairman, I reserve the balance Now, let me tell my colleagues what hurt Volcker with regard to the efforts. of my time. the Smith amendment does. It has I would rather have the FBI and the The CHAIRMAN. The Chair would nothing to do with that. It has nothing Secret Service and the Financial Cen- clarify that pursuant to the order of to do with that. It would cut money ter there. yesterday, this amendment is debat- from the Food and Agricultural Orga- Also, when the gentleman says inde- able for 10 minutes by the gentleman nization. The Food and Agricultural pendent agencies, that is also the from Michigan (Mr. SMITH) and 10 min- Organization, where our former col- World Food Program. That is also the utes by an opponent. league, and my very best friend, Con- issue with regard to the SARS out- Mr. WOLF. Mr. Chairman, I rise in gressman Tony Hall, is running it and break in China. We do not want SARS opposition to the amendment. doing a lot to abolish hunger in the to come here to the United States. And The CHAIRMAN. The gentleman world, and talking about GMA and NATO. from Virginia is recognized for 10 min- things that the gentleman is interested So for all those reasons, and God utes. in, would be cut. That program would bless the gentleman from Michigan Mr. WOLF. Mr. Chairman, I yield be cut. (Mr. SMITH), I give him an A for the in- myself such time as I may consume. The World Food Program. Jim Mor- tention and effort to pursue this, and I I rise in strong opposition to the ris, an American, running the World hope we see his son here next year tak- amendment. I want to congratulate the Food Program, one of the people who ing his place, but this amendment that gentleman from Michigan (Mr. SMITH) are trying to bring food to Sudan and he meant to do does not do what he for his persistence. He should get an to Darfur, where there is a genocide, meant to do. I think it would do a lot ‘‘A’’ for that, if not for the content. perhaps, going on. That organization of harm; and due to that, I oppose the I called Volcker after this happened, would be involved. amendment. and I have the same concern. I want to Also, this amendment would impact Mr. Chairman, I reserve the balance bring to the gentleman’s attention, and on the International Atomic Energy of my time. the gentleman from Michigan (Mr. Agency, whereby we are trying to Mr. SERRANO. Mr. Chairman, I SMITH) might get a copy of the report, make sure that Iran does not have nu- move to strike the last word. page 107. Here is what we said. clear weapons and is trying to deal One of the reasons I did not ask the ‘‘The Committee directs the Depart- with the issue of North Korea. Why chairman for time and took my own ment to bring all necessary resources would we want to go after them? time is I did not want to say anything to bear on the investigation of fraud Lastly, NATO. This would cut all the the chairman did not agree with on his and bribery allegations regarding the international organizations. Why time. But I would imagine that the United Nations Oil-for-Food program. would we, when NATO is in Afghani- sponsor of this amendment has not The Committee expects the Depart- stan and we are trying to get NATO to voted against expenditures for the war, ment to provide all requested docu- participate, as I believe they should in and yet he is concerned about expendi- mentation to Congressional Commit- Iraq, and quite frankly I am dis- tures for international organizations, tees, and to provide any requested sup- appointed that the Germans and my point being that this is probably port to the Secretary General’s Inde- French have not participated with us, the worst time in our history to with- pendent Inquiry Committee. The Com- why would we do this at this time? draw from international organizations. mittee strongly supports this Inquiry Now, I think in fairness, that is not We are, and I am one of those who be- and expects the Inquiry Committee’s the intention of the gentleman from lieves that we were wrong in invading review to be thorough, rigorous and ex- Michigan (Mr. SMITH). I think the gen- Iraq; I am one of those who believes peditious.’’ tleman is trying to make a point, but that we were misled on every issue, in- Secondly, the gentleman from Con- the point is a very blunt point. And to cluding weapons of mass destruction necticut (Mr. SHAYS), who has really cut FAO, to cut the Atomic Energy and to go into this war. But whether done a good job, has been holding hear- Agency, to go after NATO, and to deal we were misled or not and whether one ings. with the World Food Program and the agrees with me or not, the end result is I called Director Mueller, the Direc- FAO, which is trying to bring an end to the same. We are rebuilding the coun- tor of the FBI, and asked him would he the famine and the hunger in Eritrea, try; and an incredible amount of give the best FBI agents that he has to Ethiopia, and particularly in Darfur money, paid for by the taxpayers, is be on the team with Volcker. He has would be a mistake. going into Iraq. agreed. He said he would get some of Mr. SMITH of Michigan. Mr. Chair- And especially at a time now when so his best white-collar crime people. Mr. man, will the gentleman yield? many people in that region and Volcker then called me and thanked Mr. WOLF. I yield to the gentleman throughout the world have lost respect me for that and is moving ahead, and from Michigan. for us, this is not the time to withdraw he said when we need your help, we will Mr. SMITH of Michigan. Well, Mr. from international organizations. On ask you for that help. Chairman, let me just say that this is the contrary, this is the time when we We also are going to get FinCEN, the cut from one of the largest expendi- should take some of that money we are financial service center of the Depart- tures in the United Nations appropria- spending on rebuilding in Iraq, some of ment of the Treasury, to also be in- tions, that is, to the contributions to that money we are spending on that volved. We have also asked the Secret international organizations. I think war and use it to join still more organi- Service that does money laundering to the American taxpayer in general is zations. be involved. not willing to increase this account by Why? Because, unlike the war, and The gentleman from Michigan (Mr. 19.4 percent at a time that the gen- unlike the invasion, these organiza- SMITH) is right, this ought to be con- tleman from Virginia admits that the tions give us an opportunity to look as

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.085 H08PT1 H5364 CONGRESSIONAL RECORD — HOUSE July 8, 2004 the people we are, a good, caring Na- agree to support us in Iraq? Is it any Mr. WOLF. I yield to the gentleman tion that cares about the rest of the wonder that at the first threat of dan- from Connecticut. people in the world and wants to help; ger the U.N. pulled out of Iraq? (Mr. SHAYS asked and was given per- not one that invades people on false as- It seems to me, Mr. Chairman, that mission to revise and extend his re- sumptions and premises. we need to carry out a full and thor- marks.) So I would say to the gentleman that ough investigation and make changes Mr. SHAYS. Mr. Chairman, I appre- his concern about taxpayer dollars if the U.S. is to continue with some de- ciate the gentleman yielding to me. I being spent here, right now this is gree of confidence. And we need to send will place my full statement in the probably one of the better areas to this signal of this reduction with this RECORD and just make a few other spend taxpayer dollars, and not in the kind of testimony regarding a $20 mil- points. areas we are spending them right now. lion reduction for the U.N. I think this First off, this is a huge scandal. I do I would really wish that the gentleman action sends the beginning of a mes- not know any scandal that comes close would reconsider this amendment, be- sage that our country and the tax- to it. We are talking about a $5.7 bil- cause this amendment, unfortunately, payers of this country will not stand lion smuggling of oil, a $4.4 billion may get some people’s excitement up for this kind of abuse. underselling of oil and getting kick- and foolishly support it in a way that Mr. Chairman, I reserve the balance backs, and overbuying for commodities would hurt our involvement. of my time. and getting kickbacks. We are talking Even President Bush, lately, has been Mr. WOLF. How much time do I have about the outing of U.N. and govern- quoted as saying that he is supportive left, Mr. Chairman? ment officials around the world by, of the work the U.N. is doing and the The CHAIRMAN. The gentleman ironically, an Iraqi free press, exposed 1 kinds of things that have to be done. from Virginia has 4 ⁄2 minutes remain- by a government leak of the Iraqi Gov- Lastly, the gentleman is still, as ing. erning Council. some Members are, upset at the fact Mr. WOLF. And then I can strike the This is huge. And I submit to my col- that the Germans and the Russians and last word? leagues that the French and the Rus- The CHAIRMAN. Plus the gentleman the French did not agree with us on sians and the Chinese and U.N. officials this particular invasion. Well, we do has the pro forma motion. Mr. WOLF. I thank the Chair. I want- never thought it would be known, be- not agree with them on a lot of things cause they knew they had their records and that does not mean we drop out of ed to be sure there was time for the gentleman from Connecticut (Mr. and they would keep them. They would dealing with them on a daily basis and never share them with anyone, and we SHAYS) to speak. working with them to make a better certainly would not get the records world for all of us. Mr. WOLF. Mr. Chairman, I yield myself such time as I may consume. from Iraq because we would never at- So I would hope the gentleman would tack Iraq and never free the Iraqi peo- reconsider this. If not, then I would Mr. Chairman, if all the things have ple. I guess that is what people hope that people vote ‘‘no’’ on this been done that the gentleman from Michigan (Mr. SMITH) thinks have been thought. amendment. The problem with this amendment is Mr. SMITH of Michigan. May I ask done, and I think they may have, the it is misguided, in the sense that we how much time I have remaining, Mr. Smith amendment is a power puff need the cooperation of the U.N. right Chairman. amendment. It is too weak. We will fol- The CHAIRMAN. The gentleman low this carefully. If they have done it, now. If we do not get it, and if the gen- from Michigan has 4 minutes remain- then I think it should be more drastic. tleman from Michigan (Mr. SMITH) is ing. I would call to the attention of the still here, we should pursue that. But Mr. SMITH of Michigan. Mr. Chair- gentleman from Michigan page 26 of when he asks is anyone concerned, I man, I yield myself such time as I may the report. It says: ‘‘Oil-For-Food: The know the ranking member is con- consume. committee directs the FBI to provide cerned. I clearly know the chairman is I would ask the ranking member if he assistance in the United Nations’ in- because he came to me and told me does not object to the fact that the vestigation of the Oil-For-Food Pro- that in conversations with Mr. Volcker United Nations took $400 million of gram, if requested by the recently es- he promised him that we would provide what was intended to be money to pay tablished independent inquiry com- all the cooperation and provide him the for inspections at a time when they mittee chaired by Paul Volcker. The best resources available. So I appre- were not having inspections. committee strongly supports this in- ciate what the gentleman from Vir- I would ask the ranking member if he vestigation and encourages the FBI to ginia (Mr. WOLF) has done. is not concerned with a report from the make resources available as appro- Are we concerned? Absolutely. We Wall Street Journal that the U.N. took priate to assure its successful conclu- have the Committee on Government $100 million from the Oil-For-Food Pro- sion.’’ Reform and my Subcommittee on Na- gram and used it for operations. So I think what the gentleman from tional Security, Emerging Threats and I would be concerned whether the Michigan is saying is accurate; and we International Relations, conducting in- ranking member or any Republican or will be very, very aggressive, but we vestigations. We have staff dedicated any Democrat is not concerned with called Mr. Volcker. I personally called to looking at this. I think we have the the fact that a United Nations em- the director of the FBI. He personally Committee on Agriculture looking at ployee who was handling the Oil-For- gave me a commitment to put his very this. We have the Committee on Inter- Food Program, Mr. Sevan, has now best agents on this. national Relations looking at this. We written letters, according to Mr. Having said that, I think the gentle- will get to the bottom of the corrupt Volcker’s staff, suggesting that the in- man’s language would be better if it Oil-For-Food Program with or without formation not be released regarding had been conditional, saying that if U.N. support. this program. there is not cooperation by the Rus- When we do, I do think people will be It is obvious there has been some sians and by others, then this will be going to jail. I think it will be extraor- misuse of money. I would like to sug- the case. But I do not want to do any- dinarily embarrassing for some govern- gest that the real story here is that thing to keep Volcker from getting to ments. I think it might explain some- many countries make decisions based the bottom of this. how why the French act like the on what is good for their country as There are probably people involved in French, and why the Chinese and the representatives to the United Nations this that may very well go to jail, and Russians were reluctant to confront with no regard for the goals and ideals I want to see the Secret Service, the the Saddam regime. I think it is going of the U.N. charter. Certainly this calls Financial Service, and the FBI deal to tell us a lot of things about corrupt the Security Council’s moral authority with this. So the amendment does not people, corrupt actions, and the moti- into question and degrades its capacity deal with that; it cuts, potentially, vations of government. But right now to respond appropriately to events contributions to NATO or something we need as much cooperation as we can throughout the world. like that. get from the U.N. Is it any wonder that under pressure Mr. SHAYS. Mr. Chairman, will the I would request, frankly, Mr. Chair- from these countries the U.N. could not gentleman yield? man, that the gentleman withdraw his

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.089 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5365 amendment and not require folks to I urge opposition to this amendment. Michigan that the amendment be with- vote for or against it, because I think Mr. SMITH of Michigan. Mr. Chair- drawn without prejudice? the concern of the Members will be man, I yield myself such time as I may There was no objection. shown of the next few months. But I consume. AMENDMENT NO. 25 OFFERED BY MR. SHERMAN appreciate the opportunity the gen- I would just like to ask the previous Mr. SHERMAN. Mr. Chairman, I offer tleman has given us to debate this speaker, the gentleman from Con- an amendment. issue. necticut (Mr. SHAYS), if he agrees with The CHAIRMAN. The Clerk will des- Mr. Chairman, while I appreciate and share a 19.4 percent increase in this appro- ignate the amendment. the gentleman from Michigan’s concern about priation line item. The text of the amendment is as fol- the Oil-For-Food scandal, I rise in opposition Mr. SHAYS. Mr. Chairman, will the lows: to this amendment. gentleman yield? Amendment No. 25 offered by Mr. SHER- Getting to the bottom of this scandal is the Mr. SMITH of Michigan. I yield to MAN: reason my Subcommittee on National Secu- the gentleman from Connecticut. At the end of the bill (before the short rity, Emerging Threats, and International Rela- Mr. SHAYS. Absolutely I do. Because title), insert the following: tions convened a hearing on April 21; we want the U.N. needs these resources for a lot TITLE VIII—ADDITIONAL GENERAL to help pierce the veil of secrecy that still of reasons and the nongovernment or- PROVISIONS shrouds the largest humanitarian aid effort in ganizations that are involved in trying SEC. 801. None of the funds made available history. to help create some peace in Iraq, et in this Act may be used to detain for more This much we know about the Oil-for-Food cetera, et cetera, et cetera. I do not than 30 days a person, apprehended on United Program; Something went wrong. The Hussein think it is advisable, though, to sub- States territory, solely because that person regime reaped an estimated $10.1 billion from tract this money. is classified as an enemy combatant. this program: $5.7 in smuggled oil and $4.4 in Mr. SMITH of Michigan. Reclaiming SEC. 802. None of the funds made available oil surcharges and kickbacks on humanitarian my time, Mr. Chairman, I do not think in this Act may be used to defend in court purchases through the Oil-For-Food Program. a 19.4 percent increase is justified at a the detention for more than 30 days of a person, apprehended on United States territory, There is no innocent explanation for this. time when the United Nations has in- We want the State Department, the intel- solely because that person is classified as an structed its people to withhold infor- enemy combatant. ligence community, and the U.N. to know mation from the Volcker Commission. SEC. 803. None of the funds made available there has to be a full accounting of all Oil-For- I do not think it is justified; and I in this Act may be used to classify any per- Food transactions, even if that unaccustomed would say to the chairman, if there was son as an enemy combatant if that person is degree of transparency embarrasses some unanimous consent from him and the apprehended on United States territory. members of the Security Council. ranking member, and if there is no ob- The CHAIRMAN. All points of order The purpose of our investigation, beyond rejection and it would be appropriate, I are reserved. Pursuant to the order of turning to the Iraqi people that which was sto- would be delighted to amend this the House of yesterday, the gentleman len from them, should be to improve the amendment to say that this $20 million from California (Mr. SHERMAN) and a United Nations, not to create an excuse to would be withheld on condition of full Member opposed each will control 10 withdraw our support from the body. cooperation by other countries and by minutes. In Iraq, and elsewhere, the world needs an the United Nations. The Chair recognizes the gentleman impeccably clean, transparent U.N. The domi- Mr. WOLF. Mr. Chairman, will the from California (Mr. SHERMAN). nant instrument of multilateral diplomacy gentleman yield? (Mr. SHERMAN asked and was given should embody our highest principles and as- Mr. SMITH of Michigan. I yield to permission to revise and extend his re- pirations, not systematically sink to the lowest the gentleman from Virginia. marks.) common denominator of political profiteering. This emerging scandal is a huge black mark b 1430 Mr. SHERMAN. Mr. Chairman, I yield myself 5 minutes. against the United Nations and only a prompt Mr. WOLF. I would have no objection As I indicated, I have two amend- and thorough accounting, including punish- to that at all. ments that I would hope that those ment for any found culpable, will restore U.N. Mr. SMITH of Michigan. Would you who wish to speak on either of them credibility and integrity. support the amendment with that lan- That is why it is critical to get to the bottom guage? would be on the way to this floor. of the corruption. Mr. WOLF. If it would say what My first amendment deals with the In the early 1990s, because of concerns again? enemy combatant doctrine, and what about United Nations operations and the lack Mr. SMITH of Michigan. If it says the bill does is that it provides that of reforms by that body, the United States that the $20 million is going to be with- none of the funds in this act can be began withholding its payments to the U.N. held unless and until there is full co- used to detain for more than 30 days and fell into arrears. We subsequently debated operation by the United Nations and anyone apprehended on U.S. territory this issue for years, and, in November 1999, participating countries releasing avail- solely because that person is identified Congress and the administration finally agreed able information on the Oil-for-Food as an enemy combatant. That is to say, on a plan to repay our longstanding debt to program? detention of over 30 days of anyone ap- the U.N. in exchange for significant reforms by Mr. WOLF. Absolutely I would sup- prehended in the United States would the world body. port it, and perhaps it maybe ought to be done under our regular criminal law. Mr. Chairman, as the U.N.’s single largest be changed from 20- to 40-, but yes, I Now, first let us talk about what this contributor, the United States is granted un- would support it. amendment is not. This amendment paralleled power to craft the U.N.’s agenda Mr. SMITH of Michigan. Mr. Chair- does not try to protect our privacy. and budget. Our financial leadership truly man, I would be glad to change that, There will be incursions into our pri- gives us the ability to shape world events. too. If there is no objection, I would vacy in this war on terror, but it is one Countries all over the world are looking to make that amendment. I would ask for thing to say the government may know the United States for leadership, yet if this unanimous consent. something about what we are doing or amendment were to pass, what they would I understand that it has to be in writ- reading. It is another thing to say that see is a very powerful and wealthy country re- ing. Is that correct, Mr. Chairman? the executive branch alone can incar- fusing to live up to its international commit- The CHAIRMAN. If the gentleman cerate any of us permanently, and that ments. Why, as a nation, would we want to would withdraw his amendment, he is the wrong that this amendment ad- unnecessarily complicate our diplomatic efforts could redraft his amendment so that it dresses. at a time when we need every ounce of lever- is clear, then without prejudice it Second, this amendment is not about age? could be considered, without objection. those apprehended on foreign battle- While we must continue examining its oper- Mr. SMITH of Michigan. Mr. Chair- fields or on any foreign territory. It ad- ations and recommending operational im- man, I withdraw it, with the under- dresses only those apprehended on U.S. provements, the United Nations deserves U.S. standing that I could redraft it and territory. support as it continues to combat terrorism, bring it to the desk. Third, this amendment does not au- promote economic growth and assist countries The CHAIRMAN. Is there objection thorize any Federal agency to do any- in moving toward democracy. to the request of the gentleman from thing. It is a limitation amendment,

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.092 H08PT1 H5366 CONGRESSIONAL RECORD — HOUSE July 8, 2004 and so by its terms, it prevents the use Tomorrow those who simply loudly tainees at Guantanamo or any other of funds to detain someone for over 30 protest the war on terrorism will be place. days. That does not authorize anyone called enemy combatants. Mr. SHERMAN. Mr. Chairman, I to detain someone for 29 days. This is Mr. Chairman, I reserve the balance yield myself 1 minute. an additional limitation on the expend- of my time. Mr. Chairman, what we use to pro- iture of funds. Mr. WOLF. Mr. Chairman, I claim tect American citizens is our criminal Now, the enemy combatant doctrine the time in opposition to the amend- law. If bin Laden arrives in the United is the most dangerous doctrine pro- ment. States, he has already been indicted. If pounded by anyone in this country. The CHAIRMAN. The Chair recog- someone smashes an airplane into a What does our criminal law do, and nizes the gentleman from Virginia (Mr. building, I suggest they be arrested for how does it work? First, Congress de- WOLF) for 10 minutes. murder. What defends us from terror- fines what is a crime. Then the judicial Mr. WOLF. Mr. Chairman, I yield 21⁄2 ists; how do we deal with mass mur- branch determines whether facts have minutes to the gentleman from Cali- derers? We arrest them. occurred so that the defendant is fornia (Mr. HUNTER), the chairman of Why do we need instead to use this guilty of that crime. the Committee on Armed Services. new doctrine of enemy combatant? To What is the enemy combatant doc- Mr. HUNTER. Mr. Chairman, let me say that our only choice is to abdicate trine? The administration vaguely de- say one does not have to go too far to the executive branch determining fines what might be the crime, and with this amendment before finding a who has committed a wrong and what that is subject to change any time they very strong point for defeating the wrongs justify incarceration, or we want, and the administration, whoever amendment and objecting to it. have to incarcerate no one ignores the that might be, determines whether Quoting section 802, it states that none criminal law as we know it. facts have occurred that cause someone of the funds made available in this act Yes, those who commit crimes should to have committed that crime or that may be used to defend in court. So the be arrested and detained, not under the wrong. U.S. cannot even send in people to de- doctrine of enemy combatancy, but So is someone an enemy combatant if fend in court the detention for more under the doctrine of criminal law. Mr. Chairman, I yield 11⁄2 minutes to they plant a bomb? Are they an enemy than 30 days of a person apprehended the gentleman from Washington (Mr. combatant if they applaud a bomb on United States territory solely be- INSLEE). planter? Are they an enemy combatant cause that person is classified as an if they defend someone who applauds (Mr. INSLEE asked and was given enemy combatant. permission to revise and extend his re- planting a bomb? We do not know, but Very simply, we have people who we do know that if you are classified as marks.) have been in Guantanamo, in fact who Mr. INSLEE. Mr. Chairman, while I an enemy combatant, you can be incar- have been released from Guantanamo, cerated immediately, permanently, or was watching the spectacular fireworks who have been proven to have gone July 4 over the Washington Monument, at least until the end of the war on ter- back to the battlefield and taken up ror, which I would say means the same I was reminded that our Revolution arms against the United States. and experiment in freedom and liberty as permanently. If the Sherman amendment passed, if Now, is someone a bomb planter, or is still going on. We are still faced with we caught Osama bin Laden in the U.S. struggles to protect our basic free- is it a case of mistaken identity? Under tomorrow, the Department of Justice the enemy combatant doctrine, the doms. We are still faced with the need would not be able to legally defend his courts do not determine whether a par- to occasionally rein in unchecked au- detention as an enemy combatant. ticular individual planted a bomb. The thority of the executive branch of gov- That makes absolutely no sense. ernment. executive branch determines, locks the It states further that none of the person up permanently or for as long as We still need to stand up for the funds made available in this act may they think that person is dangerous, no proposition that no Chief Executive be used to classify any person as an matter how mistaken they might be. should be able to throw into a dark, Now, the courts have not solved this enemy combatant if that person is ap- deep cell an American citizen without problem. We do have a recent court prehended on United States territory. eventually affording that citizen a opinion, actually three of them, but in We could have somebody driving a hi- trial. That is a basic American propo- dealing with this issue, we have not a jacked airplane and clearly in an act of sition. majority opinion, but a plurality opin- aggression against the United States, We still believe that reviewing an in- ion. So the court has not spoken with and none of the funds available in this carceration decision by the judicial the majority. And on the key issues in- act, even if that person intended and system is the best way to ensure both volved that I am speaking about, they was attempting to drive that airplane security and liberty. And make no mis- remanded the case to a lower court. into a U.S. building, killing Americans, take, we face real threats to our phys- It is time now for Congress to do all none of the funds in this act could be ical safety, and those miscreants ought it can to reign in this doctrine of used to classify that person as an to be punished to the full extent of the enemy combatants. To do otherwise, to enemy combatant. law. be silent, as we have been for over a So interestingly, the Supreme Court But we have always founded our de- year, is to acquiesce in a new doctrine cases that have held on this subject mocracy on the proposition that deten- of criminal law where the executive have said at least the combatant is en- tion ultimately must be subject to a can arrest anyone, after that arrest de- titled to some type of a hearing to de- hearing and a review, and we should termine what it is that makes up the termine whether, in fact, he is a com- not abandon that principle now out of definition of enemy combatant, and batant and whether he is being held le- fear. In the words of Supreme Court then decide what facts have occurred, gally. Well, a hearing requires that Justice Stevens, we ‘‘have created a subject to no judicial review, as to there are attorneys present and that unique and unprecedented threat to the whether that person has, in fact, vio- there are advocates for and against the freedom of every American citizen,’’ lated those wrongs as previously deter- position. If we take section 208 of the and that ‘‘unconstrained executive de- mined by the administration. This is Sherman amendment, we cannot spend tention for the purpose of investigating indeed a dangerous doctrine. any of this money to have the lawyer and preventing subversive activity is Today I do not know whether it is representing the United States of the hallmark of the Star Chamber.’’ being misused, but if we do not act, I America to make his point that that Freedom is not free. It demands us to assure you it will be misused in the fu- person is a combatant and that we can- stand up against threats to freedom. It ture. Someone will be erroneously ac- not hold him for longer than 30 days. calls for us to speak against unchecked cused of bomb-making by some local I would simply ask Members to vote executive authority, just like what was enemy of theirs. The executive will against this amendment on this basis: done in 1776. And while I disagree with have detained that person for as long It makes absolutely no sense. It in no the gentleman from California (Mr. as they think they are dangerous and way represents or reflects determina- SHERMAN), I am against the right of for as long as the war on terrorism con- tions made in the relevant court cases any President to throw someone in a tinues. That could be for a long time. with respect to enemy combatants, de- dark cell and never give him a trial.

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Mr. WOLF. Mr. Chairman, I yield 21⁄2 ants. I suggest if we catch a bomber, And Sir Thomas More finally said: minutes to the gentleman from New we arrest him. He suggests a doctrine ‘‘Oh? And when the last law was down Jersey (Mr. SAXTON). in which anyone could be called an and the Devil turned round on you, Mr. SAXTON. Mr. Chairman, this enemy combatant for doing whatever where would you hide, the laws all amendment, while I believe misguided, the administration thinks is harmful being flat? This country’s planted is nonetheless a very important amend- to the United States and incarcerated thick with laws from coast to coast, ment because it changes the param- forever, and that the only alternative and if you cut them down, do you real- eters, or at least it seeks to change the is to release all terrorists to swim ly think you could stand upright in the parameters, of the definition of enemy amongst us. winds that would blow then? Yes, I’d combatant. What a preposterous alternative. give the Devil benefit of law, for my What an attempt to put in the hands of own safety’s sake.’’ b 1445 the executive branch the right to ar- And that is why this amendment It seeks to force in this case the rest anyone and permanently detain must pass. United States to treat enemy combat- them and to say that the only alter- Mr. WOLF. Mr. Chairman, I yield 21⁄2 ants as criminals rather than as enemy native is to release Mohammad Atta. minutes to the gentleman from Michi- combatants, and it fails to recognize, Mr. Chairman, I yield 11⁄2 minutes to gan (Mr. HOEKSTRA). therefore, one very significant change the gentleman from New York (Mr. Mr. HOEKSTRA. Mr. Chairman, I that has taken place, something that is NADLER). thank the gentleman for yielding me very different about this war that then Mr. NADLER. Mr. Chairman, in most this time. existed in any war in modern history, of our wars, we have done things that This amendment raises serious con- and that is that there is no doubt that have trampled civil liberties in the stitutional issues which we should not the attacks of September 11 con- name of national security. Invariably deal with on this appropriations bill. stituted acts of war, and, therefore, by we end up apologizing for it later when This amendment has no limitations as definition the United States territory, historians say that the internment of to applying only to U.S. citizens or the 50 States and our territories, are the Japanese Americans in World War only applying to the global war on ter- part of the battlefield. II or the Alien and Sedition Acts of rorism. It applies to any situation The gentleman from California’s (Mr. 1798 or whatever did not, in fact, aid where the U.S. may be in conflict, and SHERMAN) amendment does not seek to national security. We are doing it it would apply to anyone, not only U.S. curb the definition of enemy combat- again. citizens. ant as it applies to Guantanamo or as The Supreme Court 11⁄2 weeks ago Under the proposed amendment, the it applies to Iran or Afghanistan, just made very clear that we cannot simply President would not be able to detain the United States. So the gentleman hold people indefinitely by labeling anyone who is in this country on a mis- makes a difference between the part of them an enemy combatant. They gave sion for al Qaeda or any organization the battlefield that is offshore and the a broad hint that when the Padilla case or country that had chosen to attack the United States. He would not be part of the battlefield that is onshore comes up, they will tell us that this able to detain that person for more in this case. And I think that goes to amendment is mild, and that the power than 30 days as an enemy combatant. create a mistake, because it places 30- the President claims to throw anybody Instead, he would have to release the day limits on the detention of an in jail in the United States because the citizen or that person or prosecute him enemy combatant by the Department gentleman from New Jersey (Mr. criminally. That change in the law of Justice. What that means is that if SAXTON) says that the United States is would deprive the Commander in Chief the FBI apprehends an enemy combat- a battlefield and hold them there in- of one of the traditional tools used in ant in the process of trying to carry definitely simply on their own say-so warfare and one that is particularly out an act of terrorism in the United with no due process, this is a power that nobody has claimed since before critical in the struggle with a secretive States, and he is charged by the De- enemy like the current war on ter- partment of Justice and imprisoned, he the Magna Carta. Habeas corpus was invented to say that the President is a rorism, like al Qaeda, because of the can only be held for 30 days, and that extent to which the United States seems to me to go in the wrong direc- President; even a king is not a dic- tator. must rely on intelligence sources to tion. It means that if Mohammad Atta ferret out al Qaeda plots. were picked up and identified as an Let me finally say that this amendment is necessary to say that we will The reason that the executive may enemy combatant, that he would have need the ability to detain a citizen as to be released in 30 days. fight this war against the terrorists, but we will fight it as Americans in the an enemy combatant is that proving a The Sherman amendment kind of re- criminal case in court will often re- minds me of when I chaired the Sub- tradition of liberty. The CHAIRMAN. The time of the quire compromising critical intel- committee on Fisheries Conservation, gentleman from California (Mr. SHER- ligence sources. As the Deputy Attor- Wildlife and Oceans for 6 years, and it MAN) has expired. ney General recently explained in dis- sounds like what the gentleman from Mr. SHERMAN. Mr. Chairman, I ask cussing the Jose Padilla case, the one California (Mr. SHERMAN) really wants unanimous consent that each side be and only case of an American citizen to do is he wants the war on terror to given an additional 15 seconds. seized as an enemy combatant in the be run like a catch-and-release fish The CHAIRMAN. Is there objection United States, ‘‘Had we tried to make tournament, and that obviously is to the request of the gentleman from a case against Jose Padilla through our something that we do not want to see California? criminal justice system,’’ it would have done here. There was no objection. ‘‘jeopardized intelligence sources.’’ And So I urge my colleagues on both sides Mr. SHERMAN. Mr. Chairman, I to be very clear, in this war jeopard- of the aisle to oppose this well-in- yield 15 seconds to the gentleman from izing the intelligence sources means tended amendment, but which takes us New York (Mr. NADLER). putting American lives at risk. It is to in exactly the opposite direction we Mr. NADLER. Mr. Chairman, I will avoid that very real threat to contin- should be going. quote from Sir Thomas More in the ued success of the war effort that Mr. SHERMAN. Mr. Chairman, I play ‘‘A Man for all Seasons,’’ because criminal prosecutions may not always yield myself such time as I may con- we are told we must eliminate our tra- be a practical possibility for dealing sume. ditions of liberty to get at the terror- with enemy combatants. The gentleman assumes that we have ists. Sir Thomas More was asked: ‘‘So This amendment, although well in- no criminal law. He suggests that if a now you’d give the Devil benefit of tentioned, and though perhaps raising bomber is caught red-handed, we can- law? some issues that need to be discussed, not charge him with being a bomber. And More said: ‘‘Yes. What would you they should be discussed going through We cannot arrest him. We cannot indo? Cut a great road through the law to the committee process and should not dict him. We cannot try him. We either get after the devil?’’ be hastily put onto an appropriations have to release him, or we have to have ‘‘I’d cut down every law in England bill as an amendment without going this new doctrine of enemy combat- to do that.’’ through a full debate.

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.099 H08PT1 H5368 CONGRESSIONAL RECORD — HOUSE July 8, 2004 I urge my colleagues to be opposed to not unchecked because we have the troops, armies, coming over here. this amendment because of the severe checks and balances, and that is why These people must be handled through limitations it will place on the execu- this case was taken to the Supreme the judicial legal system. tive branch, it will place on our ability Court. This is an outrageous interference to conduct not only a global war on I also would like to note that there is with the ability of the United States to terrorism, but any enemy combatants nothing, nothing, in current law re- defend itself. It is very dangerous. I in the future. quires resorting solely to criminal strongly urge my colleagues to defeat Mr. WOLF. Mr. Chairman, I yield 21⁄2 prosecutions. In the recent Hamdi deci- it. minutes to the gentleman from Indiana sion, the United States Supreme Court Mr. WOLF. Mr. Chairman, I yield 1 (Mr. BUYER), who serves on the Com- did not directly address the Padilla minute to the gentleman from Ala- mittee on Armed Services. scenario, but a majority of the Justices bama (Mr. BACHUS). Mr. BUYER. Mr. Chairman, I think clearly agreed that ‘‘there is no bar to Mr. BACHUS. Mr. Chairman, I thank this is an area we have to be pretty this Nation’s holding one of its own the chairman for yielding me time. careful about. This is a very serious citizens as an enemy combatant.’’ Mr. Chairman, I would like to follow question, and, in fact, it raises grave The CHAIRMAN. The gentleman up on what the gentleman from Cali- fornia said about this very simple constitutional questions that are un- from Virginia (Mr. WOLF) has 15 sec- amendment, and it is a very simple settled, the principles of separation of onds remaining. power. Mr. WOLF. Mr. Chairman, I move to amendment. It simply says that if Mohamad Atta, you remember him, the But with that aside, it also gets kind strike the last word. of confusing. So let us go back to not Mr. Chairman, I yield to the gen- leader of the 19 hijackers, if Mohamad Atta had been caught in this country only our own Constitution, but also the tleman from California (Mr. COX), prior to 9/11, this act would prohibit Geneva Conventions. The Geneva Con- chairman of the Select Committee on him from being classified as an enemy ventions under Article 5 say if one cap- Homeland Security. combatant. It would prohibit the funds tures an individual and they know who Mr. COX. Mr. Chairman, we are play- to hold him for more than 30 days; it they are, then they are automatically ing a dangerous game here. If the gen- by the capturing power given POW sta- would prohibit the Justice Department tleman from California (Mr. SHERMAN) from using any money to designate tus. If there is any doubt with regard had written an amendment that dealt to their status, under the Geneva Con- him as an enemy combatant. with how U.S. citizens are treated, If a terrorist in Iraq blows up a car ventions, the capturing power then is whether they can be found to be enemy to conduct what are called Article 5 bomb and it kills 50 people, he can be combatants and detained, we might tribunals. held an unlimited amount of time. If he have had an interesting discussion. What has happened here is when is in the United States, this says if he there is no doubt of the status of the There has been, for example, discussion is in the United States, whether he is a individual, the executive branch has of the Jose Padilla case during this de- citizen or not, he cannot be held for made the decision, then obviously they bate. But that is not the amendment over 30 days, and this says no funds are not a POW; so they are not afforded that he wrote. may be used to classify any person as the protections of the Geneva Conven- The amendment that he wrote does an enemy combatant. tions. And if they are not afforded in a not even apply strictly to terrorism. It Mr. Chairman, we are in a war; and tribunal Article 5 because their status applies to conventional warfare. So there are people in this country who is not in doubt, there is a term of art that if Adolph Hitler’s Panzer Division are against us, and they need to be des- that has been used. They are called an were to land here in America, every ignated as such. enemy combatant, but they also can be single one of the Nazi troops would (Mrs. MALONEY asked and was given called security detainees, unprivileged have to be sent through the judicial permission to revise and extend her re- belligerents, unlawful combatants. system. We could not deal with them marks.) This is a very dangerous area what as an enemy force. If Kim Jong-il sends Mr. WOLF. Mr. Chairman, I yield this amendment tries to do. It tries to his million-man army to land on Amer- myself the balance of my time. dance into the area of the executive ica’s shores, if they were to arrive in Mr. Chairman, I rise in strong opposi- branch and say we cannot classify indi- amphibious vehicles and roll tanks tion to this amendment. To drop this viduals as to these types of things. through our streets, every single one of on this committee a day before it is Mr. Chairman, we are in a very un- those millions would have to be treated brought up, I do not care what side you settled part of the law. I have made a as a litigant in court under this amend- are on, it just should not be done that couple of notes with regard to the ment. way. speakers who spoke before me who said We have never done this before. Least How would this amendment treat that we need to rein in the doctrine. of all should we be doing this in an ap- Osama bin Laden? How would it treat That is false because this is a doctrine propriations bill. These sorts of novel Mohamad Atta? How would it treat that has been used very sparingly. In concepts that strip the Commander in people like that? the 3 years for which we have had the Chief of his authority to conduct war This amendment should be certainly war on terrorism, there is only one for the United States of America that I covered by extensive hearings by the United States citizen that has been would say that go so far as to com- Committee on the Judiciary and also classified as an enemy combatant and pletely upend the legal right of the the Committee on Armed Services, but has been detained, and if we were to United States to defend itself should not language that we got yesterday only use the ‘‘criminal process,’’ what not be written on the back of an enve- with no opportunity to look at the im- we then do is jeopardize our intel- lope and attached as authorizing lan- pact. ligence. And we are operating a war guage essentially in an appropriations Would this language result in the re- predominantly in the dark world. It is bill. lease of a terrorist? Should we look at an intelligence war against a secret Here is what the amendment says. It and fully explore the ramifications and enemy, and for us to jeopardize that by is a very short amendment. It says that the consequences? Could the result of going to the public domain is foolish on we cannot use any of the funds avail- this be the release of a terrorist within our part. able in this act to detain for more than the United States to commit further Doing this on an appropriations bill, 30 days a person apprehended on U.S. terrorist acts? number one, using the word ‘‘foolish,’’ territory even if that person is an The amendment would prevent an that is foolish. We should not be doing enemy combatant. enemy combatant from being detained, that. The gentleman would like to en- would prevent Osama bin Laden, let us tertain greater discussions on this. Let b 1500 not say enemy combatant, would pre- us take it through the authorizing So we are not talking about people vent Osama bin Laden from being de- committees, and let us, in fact, do who might or might not be enemies of tained for more than 30 days. What is that. the United States. We are talking the rationale for only being able to de- The other said that it is unchecked about people from foreign soil, not U.S. tain Osama bin Laden for 30 days? executive authority. That is false. It is citizens, whether they be generals or Should it be 45 days?

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.101 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5369 A bad amendment, late, not the ap- The question was taken; and the Mr. WOLF. Mr. Chairman, I yield proach. I urge a ‘‘no’’ vote. Chairman announced that the noes ap- myself such time as I may consume. Mrs. MALONEY. Mr. Chairman, I rise peared to have it. Mr. Chairman, I rise in opposition to today in support of the Sherman Mr. SMITH of Michigan. Mr. Chair- this amendment; but the committee amendment that would limit the use of man, I demand a recorded vote. will look at this issue, because I tend the enemy combatant doctrine to de- The CHAIRMAN. Pursuant to clause to agree with the gentleman on the cir- tain persons indefinitely. 6 of rule XVIII, further proceedings on cumstances involved. If they want to While this amendment would only the amendment offered by the gen- retire, they should retire. But, unfortu- apply to those apprehended on U.S. tleman from Michigan (Mr. SMITH) will nately, I do not think this amendment soil, the government has detained be postponed. gets to that. American citizens, individuals whose AMENDMENT OFFERED BY MR. HEFLEY The amendment would effectively re- rights are without a doubt protected by Mr. HEFLEY. Mr. Chairman, I offer duce the amount of funds available to the U.S. Constitution, without charg- an amendment. the U.S. Court of Federal Claims. A $7.5 ing them or allowing their case to be The CHAIRMAN. The Clerk will des- million reduction would more than brought before our judicial system. ignate the amendment. fully encompass the entire budget of This is simply wrong. The text of the amendment is as fol- the Clerk’s office, both operating ex- How can we expect the rest of the lows: penses, as well as salaries and benefits world to respect our way of life if we do Amendment offered by Mr. HEFLEY: for the approximately 30 staff em- not even adhere to the principles we At the end of the bill (before the short ployed by the court, which is currently claim to hold dear? title), insert the following: about $3 million. How can we expect our own constitu- TITLE ll—ADDITIONAL GENERAL It is uncertain how the remaining re- ents to believe in the protection of PROVISIONS duction would be absorbed, since most their rights if the rights of others are SEC. ll. Of the funds appropriated in this of the remaining costs are contractual, trampled on? Act under the first paragraph of the heading rent and the judges’ salaries and bene- The Supreme Court recently deter- ‘‘COURTS OF APPEALS, DISTRICT COURTS, AND fits. So while the judges and chambers OTHER JUDICIAL SERVICES—SALARIES AND EX- mined that foreign citizens detained at PENSES’’, not more than $7,500,000 shall be staff would remain on board, with no Guanta´ namo Bay and American citi- available for the United States Court of Fed- Clerk’s office staff or operating fund- zens detained in military brigs are en- eral Claims. ing, the court would eventually cease titled to their day in court. The CHAIRMAN. Points of order are operations, few if any cases could be Clearly, it’s time that this Adminis- reserved. tried, and the backlog would grow. tration begin to respect the rights of Pursuant to the order of the House of In addition, this would result in ex- the people it claims are criminals. The yesterday, the gentleman from Colo- treme delay for plaintiffs in the more Fifth Amendment of the Constitution rado (Mr. HEFLEY) and a Member op- than 2,000 cases that are currently provides for due process of law, and it’s posed each will control 5 minutes. pending before the court that are wait- time we remembered that. The Chair recognizes the gentleman ing to have their cases against the U.S. I thank my friend Representative from Colorado (Mr. HEFLEY). Government. SHERMAN for offering this amendment Mr. HEFLEY. Mr. Chairman, I yield In addition, because the court was today, and I urge my colleagues to sup- myself such time as I may consume. created in part to give citizens a court port his amendment. Mr. Chairman, I rise today to offer an with jurisdiction to consider claims Mr. WOLF. Mr. Chairman, I yield amendment to reduce the budget for against the government, it would not back the balance of my time. the U.S. Court of Federal Claims by be unreasonable to think that this The CHAIRMAN. The question is on one-half. Due to an unchecked law, a could be viewed by some as a way to the amendment offered by the gen- handful of Federal judges who decide eliminate the government’s liability in tleman from California (Mr. SHERMAN). claims against the government are col- cases brought against it. The amendment was rejected. lecting full-time wages for less than So for those reasons, what it would VACATING WITHDRAWAL OF SMITH OF MICHIGAN part-time work. do to the court, I oppose the amend- AMENDMENT The judges on the U.S. Court of Fed- ment. But I would urge the Committee Mr. WOLF. Mr. Chairman, I ask eral Claims are appointed for 15 years, on the Judiciary to look into this unanimous consent that the pro- but jurists turn their terms into life- whole issue of terms. I think once they ceedings by which the Smith amend- time appointments by remaining as are judges, they are judges. When they ment was withdrawn without prejudice senior judges and collecting their full retire, to take a senior status and take be vacated, to the end that the Chair six-figure salaries. Currently, the Fed- no or few cases and still draw their full now put the question thereon. eral claims court has 16 active judges, salary, quite frankly, it is not right. The CHAIRMAN. Is there objection and it has 13 senior-status judges. So I think what the committee will to the request of the gentleman from The workload of the court is hardly do is to draft a letter, send a letter to Virginia? burdensome, as it averages fewer than the court of claims, the chief justice, Mr. SMITH of Michigan. Mr. Chair- two trials a year. While a handful of to ask them to look into this. But I do man, I reserve the right to object. senior judges work a full docket, others not want to shut the whole court down. The CHAIRMAN. Does the gentleman handle only a fraction of their former Because of that, I oppose the amend- wish to speak on his reservation? caseloads; and still others, Mr. Chair- ment. Mr. SMITH of Michigan. I do, Mr. man, still others do no cases whatso- Mr. HEFLEY. Mr. Chairman, I yield Chairman, just for an explanation to ever. They keep an empty docket. Yet myself such time as I may consume. the body. Originally, we thought we all of them are paid the full-time Fed- Mr. Chairman, I appreciate the chair- could work out a word change that eral judge salary of $158,000 a year. man agreeing to look into this; and I would be acceptable, but it would still This is known in the legal profession think that is important, whether this be subject to a unanimous consent re- by lawyers who know this court, it is amendment passes or not. quest. We were informed there would called ‘‘charmed existence,’’ and it is There is somewhat of a movement be an objection, so that is why we va- an abuse of judicial authority and a within the other body to shut that cated the rewording of the amendment. waste of taxpayer money. I would hope court down completely. The value of it, Mr. Chairman, I withdraw my res- we would support this amendment. there is a real question about it. ervation of objection. Mr. Chairman, I reserve the balance In a recent Associated Press story, The CHAIRMAN. Is there objection of my time. let me just quote a few lines from it, it to the request of the gentleman from Mr. WOLF. Mr. Chairman, I rise in says, ‘‘Judges on a little known Fed- Virginia? opposition to the gentleman’s amend- eral court that decides claims against There was no objection. ment. the government are appointed for 15 The CHAIRMAN. The question is on The CHAIRMAN. The gentleman years, but collect their full six-figure the amendment offered by the gen- from Virginia (Mr. WOLF) is recognized salaries for the lifetime of the work- tleman from Michigan (Mr. SMITH). for 5 minutes. load average, and they average fewer

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.103 H08PT1 H5370 CONGRESSIONAL RECORD — HOUSE July 8, 2004 than two trials each in one recent prescribed by the Comptroller of the Cur- cause national banks to be free from year.’’ It goes on to say, ‘‘Taxpayers rency and published in the Federal Register all of the attempts by State govern- are spending top dollar for full-time on January 13, 2004, at 69 Fed. Reg. 1895—1904 ments to prevent predatory lending. judges who do not even perform part- (relating to the scope of visitorial powers of Now, I believe that we ought to have the Comptroller of the Currency) and at 69 time work.’’ Fed. Reg. 1904—1917 (relating to applicability national standards, national standards Finally, the statement is made, and preemption of State law with respect to to protect consumers from predatory ‘‘They go from doing next to nothing national bank operations). lending practices and national stand- to doing nothing and we are paying for The CHAIRMAN. Points of order are ards to make sure that subprime bor- it.’’ reserved. rowers are able to get credit. But to We still leave over $7 million in the Pursuant to the order of the House of have this decision made by a renegade budget for this court. We are not doing yesterday, the gentleman from Cali- regulator is absurd. away with the court entirely. That de- fornia (Mr. SHERMAN) and a Member I agree with those who say that this cision is not being made at this point. opposed will each control 10 minutes. is an issue that should be dealt with by I do not think this would be the appro- The Chair recognizes the gentleman the relevant committee, the Com- priate place to do that. But this is a from California (Mr. SHERMAN). mittee on Financial Services. In fact, way to get at the abuse that is going Mr. SHERMAN. Mr. Chairman, I the relevant chairwoman of the Sub- on with that particular court and the yield myself such time as I may con- committee on Oversight and Investiga- abuse of taxpayer dollars. sume. tions had urged the OCC to wait and Again, Mr. Chairman, I would ask for This is the Sherman-Otter-Gutierrez not publish these rules until Congress an ‘‘aye’’ vote. amendment dealing with an issue very had had a chance to act. She was ig- Mr. Chairman, I yield back the bal- different from the one I was speaking nored. ance of my time. about just a few minutes ago. But be- I would hope that the Committee on Mr. WOLF. Mr. Chairman, I yield fore I address this amendment, let me Financial Services would go beyond the myself such time as I may consume. address that other amendment dealing mere hearings that we have held, and Mr. Chairman, I again rise in opposi- with the enemy combatant doctrine. we have had several, and would mark tion. But I think the Committee on the First, of course, we did lose on the up a bill, either mark up a bill to tell Judiciary, and we will also look at voice vote. I should point out for the the OCC that they cannot willy-nilly whether this court ought to be abol- record there were only six Members exempt all national banks from State ished, I think this Congress passes present here on the floor at the time. regulation, or, perhaps even better, one things and creates things. Maybe this The reason I did not call for a re- that could also provide strong con- ought to be transferred to the D.C. corded vote is because I agree with sumer protections and good access to Court of Appeals or some other court. some of the speakers on the other side. capital to all those in the subprime If the conditions are the way that the We need a better-crafted, more-consid- borrowing market, protecting people gentleman said, my sense is maybe it ered amendment than the one I wrote. from predatory lending practices. just ought to be abolished. But until it That is why the authorizing commit- Since we have not had action in the is there, these 2,000 cases are moving. tees, particularly the Committee on form of a markup at the Committee on So maybe I would be very supportive of the Judiciary, need to focus on this Financial Services, since the OCC ig- abolishing it, but I think they have to issue. nored the request that they wait for be able to operate. It is only frustration that after a publishing their rules, I thought it was So for that reason, we will do a let- year the Committee on the Judiciary important to come to this floor and ter. We will do a letter to the gen- has slept while this doctrine, which offer an amendment to act imme- tleman from Wisconsin (Mr. SENSEN- would allow not for the arrest only of diately. BRENNER) asking him to look at this Osama bin Laden, he could be arrested I know that the gentleman from issue, as to whether or not the court tomorrow, he has already been in- Idaho (Mr. OTTER) and the gentleman ought to stay in existence. dicted, not for the arrest of Mohamad from Illinois (Mr. GUTIERREZ) would Mr. Chairman, I oppose the amend- Atta, he could be arrested in a minute like to speak and will be to the floor ment. on a whole variety of charges. Some- soon. Mr. Chairman, I yield back the bal- body caught red-handed making a Mr. Chairman, I reserve the balance ance of my time. bomb could be arrested in a minute. of my time. The CHAIRMAN. The question is on But, rather, we have a doctrine out Mr. WOLF. Mr. Chairman, I rise in the amendment offered by the gen- there that could lead to the permanent opposition to the amendment, and I tleman from Colorado (Mr. HEFLEY). detention of people due to mistaken yield myself such time as I may con- The question was taken; and the identity, could lead to somebody being sume. Chairman announced that the noes ap- permanently detained, because there is Mr. Chairman, I rise in opposition to peared to have it. some local enemy that mis-accuses the this amendment. The Comptroller of Mr. HEFLEY. Mr. Chairman, I de- individual, and eventually could be the Currency is not within this sub- mand a recorded vote. used by an administration to detain committee’s jurisdiction, it is within The CHAIRMAN. Pursuant to clause anyone it felt was an enemy of that ad- the Department of Treasury. This is 6 of rule XVIII, further proceedings on ministration. not the right bill to change the Comp- the amendment offered by the gen- So I look forward to a Committee on troller of the Currency’s policies con- tleman from Colorado (Mr. HEFLEY) the Judiciary that does its job and a cerning the regulation of national will be postponed. criminal code that criminalizes those banks and State roles in regulated AMENDMENT OFFERED BY MR. SHERMAN things for which people should be in- banks. It is a complex issue. The gen- Mr. SHERMAN. Mr. Chairman, I offer carcerated, and we do not incarcerate tleman seems to acknowledge that the an amendment. people because only one branch of gov- Committee on Financial Services The CHAIRMAN. The Clerk will des- ernment acts. ought to be the one to deal with it. I ignate the amendment. Now let me shift to the Sherman- understand the Committee on Finan- The text of the amendment is as fol- Otter-Gutierrez amendment. It deals cial Services opposes the language to lows: with an entirely different issue. That be included in the bill, so I strongly urge that we defeat the amendment Amendment offered by Mr. SHERMAN: issue is that renegade regulators at the At the end of the bill (before the short OCC published just a few months ago a and that he offer it maybe when an- title), insert the following new title: regulation stating that all national other bill comes up dealing with the TITLE VIII—ADDITIONAL GENERAL banks are exempt from all State con- Comptroller of the Currency. PROVISIONS sumer protection laws. Mr. Chairman, I reserve the balance of my time. SEC. 801. None of the funds made available b 1515 in this Act to the Department of Justice Mr. SHERMAN. Mr. Chairman, I may be used to implement, litigate or defend This is an extreme and an absurd reg- yield 3 minutes to the gentleman from the legality of, or enforce the regulations ulatory provision. It is one that would Idaho (Mr. OTTER).

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.106 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5371 Mr. OTTER. Mr. Chairman, I thank Mr. WOLF. Mr. Chairman, I yield 6 the OCC will be denied legal counsel. the gentleman for yielding me this minutes to the gentleman from Ala- They will be denied Justice Depart- time. I also thank the gentleman from bama (Mr. BACHUS). ment legal counsel. As the gentleman Virginia (Chairman WOLF) for his com- Mr. BACHUS. Mr. Chairman, I thank says, this is a crazy way to do it. ments. Whether or not this is the prop- the gentleman for yielding me this The gentleman from Idaho (Mr. er place to make this correction, I time. OTTER) talked about something earlier think it is terribly important that the First I want to start by agreeing with that concerns all of us. We have State correction be made. something that the gentleman from regulations, we have Federal regula- The dual banking system in our Na- California (Mr. SHERMAN) has said tions. They are both important. We tion has a long and very productive and today, something that was published in ought to watch what we do in this re- rich history. It has played a major role the newspaper The American Banker gard. What ought to watch what we do in making ours the strongest and most this morning. He was talking about the when we preempt State regulations. confirmed banking system in the amendment which he now brings to the He is concerned about the number of world. The balance between the State- floor. What he says about it is, ‘‘This is national charters as opposed to State chartered banks and the national a crazy way to do it.’’ I would agree charters, that the national charter ap- banks provides critical fuel to our with that. It is, as he said, ‘‘This is a pears to be getting more valuable. That economy, fosters innovation and com- crazy way to do it.’’ is something that ought to be ad- petition, and provides Americans with The gentleman from Idaho (Mr. dressed, but you do not address that in a safe and sound banking system as a OTTER) has said this is an important an appropriations bill. You let the whole. issue. I agree with him; it is an impor- committees that have jurisdiction over I am deeply concerned that the OCC’s tant issue. It is one that ought to be these matters, which are the Com- preemptive rules would take that bal- debated. It is one that ought to be ad- mittee on Financial Services, and they ance and put it into jeopardy. These dressed. And, in fact, the Committee on are having hearings on these matters; rules could radically change our finan- Financial Services has had two hear- there is numerous pieces of legislation cial regulation structure, and over- ings on this matter. Numerous Mem- introduced, that is where we address it. I do not think any appropriators will riding State law enforcement authority bers, including the gentleman from vote for this particular legislation. If and the State laws for national banks Ohio (Mr. NEY) and the gentleman from they do, I would say to them, this is can have serious repercussions on our Pennsylvania (Mr. KANJORSKI), to name authorizing legislation. Why would we Nation’s banking economy and on the two, have introduced legislation to ad- support something like that in appro- consumers in the State of Idaho. dress this OCC issue. The committee is working on it. priations? Appropriators, and I say to We do not have to look back very far This particular amendment actually all Members who are appropriators, in history, Mr. Chairman, to see the goes to the heart of the Committee on you would not want the authorizing long-reaching effects of preempting the Judiciary’s jurisdiction. This is committee, you would not want the State financial laws. Let us take, for something that ought to be before the Committee on the Judiciary passing example, the savings and loan or the Committee on the Judiciary, because legislation appropriating funds for the thrift industry. Until 1980, State-char- what it is, and I go back to what the Justice Department or the Commerce tered thrifts outnumbered those of gentleman from California (Mr. SHER- Department. Neither would you want Federal charters. But in 1980, the Fed- MAN) says, and I agree with him, he the Committee on Financial Services eral regulator issued a preemptive pol- says, what we are trying to do here is to start making appropriations, and icy similar to the OCC’s recent rulings. effectively pull the teeth out of the neither should the appropriating com- As a result, we have watched the num- regulations. In other words, the OCC mittee start doing authorizations. ber of State-chartered thrifts decline passed some regulations, he does not Members of the Committee on Ways until they now make up less than 10 agree with those regulations, so he and Means out there, they are charged percent of all of the thrifts in the coun- wants to effectively pull the teeth out with certain jurisdictions. The Com- try. of those regulations. Well, there are mittee on Commerce, the Committee Until 1980, in my State of Idaho we certain ways to do that. What he is on International Relations, all of these had five State-chartered thrifts. Today, doing is saying, so, I am going to pro- committees, that is where we authorize all thrifts in Idaho have national char- hibit the Justice Department from rep- legislation. That is the rule. This ters. None have State charters. Since resenting the OCC in court. But that is amendment, although it is crafted in a 1980, 14 banks have received new State not the way to do it. way which simply says the OCC will be commercial bank charters, but there If you disagree with the regulations, denied legal representation in court, has not been a single thrift chartered you have, one thing you have is the which is a crazy thing, as the gen- in the past 24 years. Congressional Review Act, and our col- tleman from California (Mr. SHERMAN), Our economy in Idaho depends on league on this amendment actually the maker of this amendment, says, small community banks. These banks filed legislation under that act to re- that is the only way that he could sort serve the members in their commu- view this regulation, and that is the of bring this up to the body. nities and constantly improve the way proper way to do this. As the gen- And I will say this to my colleague: we do business in America and through tleman from California (Mr. SHERMAN) The fact he brought this out, he men- innovation and diversity. If we allow said, this is a crazy way to do it. This tions it, he has said that it ought to be the OCC to tip the balance toward the is a crazy amendment. It is a crazy way addressed, I commend the gentleman national banks, we put consumers at to do it. for that. But this is not the mecha- risk. State and local agencies in Idaho We have rules in this House. I have nism. are better equipped than any Federal rules at my house. There are rules. We I would say to any Member that bureaucracy to meet the needs and ad- all have rules, and we need to go by votes for this, if you vote for this, you dress the problems of Idahoans. Allow- those rules. We either need to change are voting really to disregard the rules ing our banking system to be domi- those rules, or we need to go by those and the structure of this whole body. If nated by a single Federal regulator rules. you serve on authorizing committees, would harm consumers and our econ- The place to address these issues, if you are basically saying it is okay for omy. we want to talk about whether the Jus- appropriators to authorize. If you vote Mr. Chairman, I urge my colleagues’ tice Department ought to have the for this legislation, you will say it is support for this amendment. My apolo- right to be a legal advocate for the okay for the Committee on Appropria- gies to the gentleman from Virginia OCC, and I sure hope that our govern- tions to start doing the work of the (Chairman WOLF), because if this is the mental agencies, when they go into Committee on the Judiciary. If you wrong place to make this correction, I court as a representative of the people vote for this amendment, you will be would like to work with the chairman of the United States, I hope that they saying I do not care if this is the Com- to make that correction in the proper are going to have the right to legal mittee on Financial Service’s matter, place. counsel. If this amendment is passed, it is within their clear jurisdiction, but

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.110 H08PT1 H5372 CONGRESSIONAL RECORD — HOUSE July 8, 2004 I do not care, I am going to vote for it cause that is our main responsibility, dress predatory lending with a strong on an appropriations bill. to defend the people and not to be national law that governs lending at What that will result in, if amend- quoting from the Bankers Journal. all financial institutions and their op- ments like this continue to be brought They publish that journal to defend erating subsidiaries, regardless of up as they are, and that is why we are their interests, and it should be our where they are chartered. here for several days instead of ad- priority to defend the interests of con- Mr. SHERMAN. Mr. Chairman, I dressing things that ought to be ad- sumers, as crazy as that may seem yield myself such time as I may con- dressed in this bill, then this body will given all the special interest money sume. gravitate into mayhem. that runs around the Congress of the The OCC gets its $500 million budget I urge my colleagues for the right United States. from the banks it regulates. It is finan- reasons to oppose this amendment. Mr. WOLF. Mr. Chairman, I yield 2 cially accountable to the banks rather Mr. SHERMAN. Mr. Chairman, I minutes to the gentleman from New than Congress. That is why we had to yield 2 minutes and 45 seconds to the York (Mr. CROWLEY). offer an amendment dealing with the gentleman from Illinois (Mr. GUTIER- Mr. CROWLEY. Mr. Chairman, I re- Department of Judiciary’s budget. The REZ). spectfully and reluctantly rise in oppo- gentleman from Illinois (Mr. GUTIER- Mr. GUTIERREZ. Mr. Chairman, I sition to the amendment offered by my REZ), who spoke with such passion and am proud to be an original cosponsor of friend and colleague, the gentleman wisdom just a second ago, introduced this bipartisan amendment, which from California (Mr. SHERMAN), whom I in our committee, when we expressed would provide no funds in the bill be respect. our budget views and estimates, lan- used to defend the OCC preemption reg- As a member of the Committee on Fi- guage criticizing these OCC regula- ulations in a court of law. nancial Services, I have been at numer- tions. And that language passed 34 to 28 Earlier this year, the OCC issued pre- ous hearings that have been held on with the support of the relevant sub- emption rules that indicated that the issue of OCC preemption. What the committee chairman, the gentlewoman many State laws did not apply to na- OCC did in promulgating these regula- from New York (Mrs. KELLY). tional banks, did not apply to national tions is well within, in my opinion, I would point out that now it is time banks, and State officials such as the their scope as a regulator of national for the Committee on Financial Serv- attorneys general elected in each and banks. But I believe the issue is bigger ices and this Congress not to just ex- every one of our States did not have than that of the powers of national press our views but to legislate. That is authority over national banks and to versus State chartered banks or the why I will withdraw this amendment help consumers. presumed powers of the OCC. The real I think that is crazy. I think that is and hope that our committee will act question here deals with ensuring the insane. And it does not defend the con- instead of simply expressing views. greatest protections of all American Mr. Chairman, I withdraw the sumers. The gentleman from California (Mr. banking consumers with respect to amendment. The CHAIRMAN. The amendment is SHERMAN), the gentleman from Idaho stopping abusive lending practices. And withdrawn. (Mr. OTTER), and I and our staffs, with that is why I salute the OCC’s actions. their inspiration and innovation, have Our constituents have no idea where AMENDMENT OFFERED BY MR. HEFLEY brought this amendment to the floor their bank is chartered, and they really Mr. HEFLEY. Mr. Chairman, I offer because we want to defend consumers. do not care. But they really do care an amendment. The Office of the Comptroller of the about protecting their money and their The CHAIRMAN. The Clerk will des- Currency, or the OCC, regulates na- investments and keeping the access to ignate the amendment. tional banks. The name of the agency capital free flowing. This action by the The text of the amendment is as fol- causes most people to think of it as the OCC will allow that to happen. For ex- lows: Mint or that it would be responsible for ample, I know much has been made in Amendment offered by Mr. HEFLEY: printing money. It is certainly not the Washington by some of my colleagues At the end of the bill (before the short title), insert the following: agency that consumers think to call about a possible weakening of con- for help when a bank has violated the sumer protections between banks and TITLE VIII—ADDITIONAL GENERAL PROVISIONS law, and perhaps it is because the their customers due to these OCC regu- OCC’s Consumer Call Center is open lations. I disagree. SEC. 801. Total appropriations made in this Act are hereby reduced by 1 percent. only for business 28 hours a week and The famous First Tennessee case in closed on Fridays. At least the attor- New York proves this point, as once The CHAIRMAN. Points of order are neys general and your bank regulators the OCC entered the dialogue, the case reserved. Pursuant to the order of the in your States are open Monday resolved in favor of the consumer in a House of yesterday, the gentleman through Friday, 40 hours a week, to de- matter of days, and the customers’ from Colorado (Mr. HEFLEY) and a fend consumers. losses were refunded, and their legal Member opposed each will control 5 bills paid. Additionally, with the pow- minutes. b 1530 ers the OCC has, including on-site ex- The Chair recognizes the gentleman That is what the OCC thinks about aminers actually in the actual banks from Colorado (Mr. HEFLEY). consumer protections. They will not on a day-to-day basis, they know the Mr. HEFLEY. Mr. Chairman, I yield even defend you 5 days a week. When operations and the rules. They know myself such time as I may consume. my constituents have a problem with how to make banks comply with them. This is an amendment I have offered the bank, they call the Illinois Attor- Remember, it was not the FBI who on a great many appropriations bills ney General, as I am sure in every caught Al Capone. It was the IRS. That over the last few years. In my desire to other State people call their Attorneys is the same approach under which the begin to get a grip on the deficit spend- General. But according to the OCC, the OCC will approach its bad actors with ing that we are doing now, and it is not Attorney General has virtually no au- its on-site staff that have the ability to a reflection on the chairman or the thority over the big powerful national shut down banks. committee and the job they have done, banks. And that is wrong. Finally, these OCC regulations also there is a great deal of good in this bill; I remember when the gentleman from created one uniform Federal standard but I rise today to offer an amendment Alabama came here talking about for all national banks and their oper- to cut by 1 percent the level of funding States right and saying they are the ating subsidiaries with respect to pred- in this appropriations bill. For the CJS incubator of ideas. Everything is done atory lending as a way of creating a appropriations bill that amends better at the local level. Yet, the gen- level playing field for all national amounts to $398 million, and that tleman from Alabama comes here, and banking customers. translates to one penny on every dollar we should have struck his words, I will While I do believe these predatory we spend. One penny is all we are talk- not, calling us crazy on five different lending regulations that have been put ing about on every dollar that we are occasions. in place are weak at best, their estab- spending. It is not crazy to protect consumers. lishment drives home the need for real I recognize there are many important It is crazy not to protect consumers be- action by this Congress this year to ad- law enforcement provisions contained

VerDate May 21 2004 03:02 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.111 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5373 within this bill, which is why I have Mr. SERRANO. Mr. Chairman, I be used to stop Congress’s will from structured my amendment using the move to strike the last word. being put into place. I urge a ‘‘yes’’ Holman rule so that the administra- Mr. Chairman, this bill was put to- vote. tion may choose the accounts in which gether by two staffs and two members Mr. Chairman, I reserve the balance they want to reduce the spending in in a very tight situation with a very of my time. this bill. The tendency always is when low allocation. As I have said on many Mr. WOLF. Mr. Chairman, I yield you want to cut something or a Depart- occasions during this debate, I think myself such time as I may consume. ment is to say that the most desirable the bill is fair, but we know it is tight. This amendment reiterates current things are the things it will cut. No, it And this is a large amount of money to law. We have no objection, and we ac- is not. The FBI that will get cut here take out of this bill, especially across cept the amendment. or some of those law enforcement the board, without any consideration Mr. Chairman, I yield back the bal- things, it will be the things that are to all the negotiations that went in to ance of my time. the least important, if we do it in this putting the bill together. Mr. WEINER. Mr. Chairman, I yield way and under this particular rule. I just think it is a bad idea, and it back the balance of my time. As most Members are aware, as I said should be defeated. The CHAIRMAN. The question is on earlier, I have introduced similar Mr. Chairman, I yield back the bal- the amendment offered by the gen- amendments that would have cut ance of my time. tleman from New York (Mr. WEINER). spending in other appropriations bills The CHAIRMAN. The question is on The amendment was agreed to. and I have plans to continue doing so the amendment offered by the gen- The CHAIRMAN. Are there any fur- in other appropriations bills that are tleman from Colorado (Mr. HEFLEY). ther amendments? brought to the floor. My amendments The question was taken; and the SEQUENTIAL VOTES POSTPONED IN COMMITTEE are intended to draw a line. The budget Chairman announced that the noes ap- OF THE WHOLE for fiscal year 2005 is too large. We peared to have it. The CHAIRMAN. Pursuant to clause have the power to do something about Mr. HEFLEY. Mr. Chairman, I de- 6 of rule XVIII, proceedings will now the budget deficit right now. By voting mand a recorded vote. resume on those amendments on which for my amendment, Members are stat- The CHAIRMAN. Pursuant to clause further proceedings were postponed in ing to the American taxpayers they 6 of rule XVIII, further proceedings on the following order: should not have to pay higher taxes in this amendment are postponed. Amendment No. 2 by the gentleman the future because we could not control AMENDMENT OFFERED BY MR. WEINER from Vermont (Mr. SANDERS); amend- spending today. Mr. WEINER. Mr. Chairman, I offer ment No. 20 by the gentleman from Our budgets would be no different an amendment. Missouri (Mr. AKIN); amendment No. 23 than the taxpayers’ budgets at home. The CHAIRMAN. The Clerk will des- by the gentleman from Iowa (Mr. When we have less money, we simply ignate the amendment. KING); the amendment by the gen- need to spend less money, and there are The text of the amendment is as fol- tleman from Michigan (Mr. SMITH); the plenty of places within the Federal lows: amendment by the gentleman from budget where we are spending money Amendment offered by Mr. WEINER: Colorado (Mr. HEFLEY); the amendment that clearly does not make any sense At the end of the bill (before the short by the gentleman from Colorado (Mr. whatsoever. title), insert the following: HEFLEY). Mr. Chairman, I offer this 1 percent TITLE VIII—ADDITIONAL GENERAL The Chair will reduce to 5 minutes cut in the budget. PROVISIONS the time for any electronic vote after Mr. Chairman, I reserve the balance SEC. 801. None of the funds made available the first vote in this series. of my time. in this Act may be used in contravention of AMENDMENT NO. 2 OFFERED BY MR. SANDERS Mr. WOLF. Mr. Chairman, I rise in the provisions of section 214(d) of the For- The CHAIRMAN. The pending busi- opposition to the amendment. eign Relations Authorization Act, Fiscal The CHAIRMAN. The gentleman Year 2003 (Public Law 107–228). ness is the demand for a recorded vote on the amendment offered by the gen- from Virginia (Mr. WOLF) is recognized The CHAIRMAN. Points of order are for 5 minutes. reserved. Pursuant to the order of the tleman from Vermont (Mr. SANDERS) Mr. WOLF. Mr. Chairman, I yield House of yesterday, the gentleman on which further proceedings were myself such time as I may consume. from New York (Mr. WEINER) and a postponed and on which the noes pre- The amendment would take $400 mil- Member opposed each will control 5 vailed by voice vote. lion from the bill. As you can see from minutes. The Clerk will redesignate the the debate, other Members feel that The Chair recognizes the gentleman amendment. the funding for a host of programs is from New York (Mr. WEINER). The Clerk redesignated the amend- inadequate. The budget resolution Mr. WEINER. Mr. Chairman, I yield ment. passed by the House, we are within myself such time as I may consume. I RECORDED VOTE that budget resolution. The bill we are will not take the full 5 minutes. As a The CHAIRMAN. A recorded vote has considering stays well within it. A member of the Democratic baseball been demanded. number of accounts in the bill are team, we have a date with destiny A recorded vote was ordered. funded very close to the bone. For a shortly. The vote was taken by electronic de- number of reasons that other people I just wanted to explain the amend- vice, and there were—ayes 210, noes 210, would realize, we urge strong opposi- ment, and then I will yield back my answered ‘‘present’’ 1, not voting 13, as tion to the amendment. time. follows: Mr. Chairman, I yield back the bal- This Congress in the 2003 State De- [Roll No. 339] ance of my time. partment Authorization Act said that AYES—210 Mr. HEFLEY. Mr. Chairman, I yield once and for all, any documents like Abercrombie Brown (OH) Cummings myself such time as I may consume. passports and the like that refer to Je- Ackerman Brown, Corrine Davis (AL) There is not a member of this Con- rusalem have to say the country. It is Alexander Capps Davis (CA) gress that is more conscientious or the only instance in our Nation where Allen Capuano Davis (FL) Andrews Cardin Davis (IL) more concerned about the deficit than it says a city but it does not refer to Baca Cardoza Davis (TN) the chairman of the committee, the the country, a strange form of record Baird Carson (OK) DeFazio gentleman from Virginia (Mr. WOLF). I keeping that we clarify. Baldwin Case DeGette Bartlett (MD) Castle Delahunt have the highest respect for him. I still There are now some lawsuits from Becerra Chandler DeLauro say, Mr. Chairman, that we can find people who are trying to enforce that Berkley Clay Dicks one penny on the dollar to cut in this law that this Congress passed over- Berman Clyburn Dingell particular appropriations bill. I would whelmingly, and the Justice Depart- Bishop (NY) Conyers Doggett Boswell Cooper Dooley (CA) ask for an ‘‘aye’’ vote. ment and the State Department are Boucher Costello Doyle Mr. Chairman, I yield back the bal- fighting those suits. Mine would be an Boyd Cramer Duncan ance of my time. amendment saying that no funds can Brady (PA) Crowley Ehlers

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.115 H08PT1 H5374 CONGRESSIONAL RECORD — HOUSE July 8, 2004

Emanuel Lipinski Renzi McKeon Ramstad Stearns PARLIAMENTARY INQUIRY Engel Lowey Reyes Mica Regula Stenholm Mr. NADLER (during the vote). Mr. Eshoo Lucas (KY) Rodriguez Miller (FL) Rehberg Sullivan Etheridge Lynch Ross Miller (MI) Reynolds Sweeney Chairman, I have a parliamentary in- Evans Majette Rothman Miller, Gary Rogers (AL) Tancredo quiry. Farr Maloney Roybal-Allard Murphy Rogers (KY) Taylor (NC) The CHAIRMAN. The gentleman Fattah Markey Ruppersberger Musgrave Rogers (MI) Terry from New York will state his par- Filner Marshall Rush Myrick Rohrabacher Thomas Nethercutt Ros-Lehtinen liamentary inquiry. Flake Matheson Ryan (OH) Thornberry Ford Matsui Sabo Neugebauer Royce Mr. NADLER. I have two parliamen- Tiahrt Frank (MA) McCarthy (MO) Sa´ nchez, Linda Northup Ryan (WI) tary inquiries. One you did not answer Tiberi Frost McCarthy (NY) T. Norwood Ryun (KS) I asked before. How much time has Gonzalez McCollum Sanchez, Loretta Nunes Saxton Toomey Gordon McDermott Sanders Nussle Schrock Turner (OH) elapsed on this vote so far? Not the Green (TX) McGovern Sandlin Osborne Sensenbrenner Upton minimum. How much time so far has Grijalva McIntyre Schakowsky Ose Sessions Vitter elapsed? Gutierrez McNulty Schiff Oxley Shadegg Walden (OR) The CHAIRMAN. The Chair will re- Herseth Meehan Scott (GA) Pearce Shaw Walsh peat that the minimum requirement is Hill Meek (FL) Scott (VA) Pence Shays Wamp Hinojosa Meeks (NY) Serrano Peterson (PA) Sherwood Weldon (FL) 15 minutes. That has elapsed. Hoeffel Menendez Sherman Pickering Shimkus Weller Mr. NADLER. That was not my ques- Holden Michaud Simpson Pitts Shuster Whitfield tion. Holt Millender- Skelton Platts Simmons Wicker The CHAIRMAN. The time elapsed Pombo Smith (MI) Honda McDonald Slaughter Wilson (NM) thus far is 29 minutes. As long as there Hooley (OR) Miller (NC) Snyder Portman Smith (NJ) Wilson (SC) Hoyer Miller, George Solis Pryce (OH) Smith (TX) Wolf are Members wishing to vote in the Putnam Inslee Mollohan Spratt Smith (WA) Young (FL) well, the vote will remain open. Israel Moore Stark Radanovich Souder Mr. NADLER. My second question, Jackson (IL) Moran (KS) Strickland Jackson-Lee Moran (VA) Stupak ANSWERED ‘‘PRESENT’’—1 sir, is I do not see anyone in the well (TX) Murtha Tanner Lofgren waiting to vote. Is there anyone in the Jefferson Nadler Tauscher well waiting to vote? John Napolitano Taylor (MS) NOT VOTING—13 PARLIAMENTARY INQUIRY Johnson (IL) Neal (MA) Thompson (CA) Bell Collins LaHood Johnson, E. B. Ney Thompson (MS) Berry Deutsch Quinn Ms. PELOSI (during the vote). Mr. Jones (OH) Oberstar Tierney Bishop (GA) Gephardt Tauzin Chairman, I have a parliamentary in- Kanjorski Obey Towns Blumenauer Hastings (FL) quiry. Kaptur Olver Turner (TX) Carson (IN) Hinchey The CHAIRMAN. The gentlewoman Kennedy (RI) Ortiz Udall (CO) Kildee Otter Udall (NM) ANNOUNCEMENT BY THE CHAIRMAN will state her parliamentary inquiry. Kilpatrick Owens Van Hollen The CHAIRMAN (during the vote). Ms. PELOSI. Mr. Chairman, in a pre- Kind Pallone Vela´ zquez Members are advised there are 2 min- vious response to a parliamentary in- Kirk Pascrell Visclosky quiry, the Chair stated the vote would Kleczka Pastor Waters utes remaining in this vote. Kucinich Paul Watson PARLIAMENTARY INQUIRY remain open as long as there were Lampson Payne Watt Mr. SANDERS (during the vote). Mr. Members in the well wishing to vote. Langevin Pelosi Waxman That case does not exist at this time, Lantos Peterson (MN) Weiner Chairman, I have a parliamentary in- Larsen (WA) Petri Weldon (PA) quiry. so when will the Chair be gaveling this Larson (CT) Pomeroy Wexler The CHAIRMAN. The gentleman vote down? Leach Porter Woolsey from Vermont will state his parliamen- Mr. Chairman, apparently the basis Lee Price (NC) Wu for the Chair’s response before is no Levin Rahall Wynn tary inquiry. Lewis (GA) Rangel Young (AK) Mr. SANDERS. Mr. Chairman, how longer true. Members are not in the much time is allowed for a vote to be well wishing to vote. NOES—210 cast? My understanding is 17 minutes. The CHAIRMAN. The Chair would re- Aderholt Crenshaw Hart The CHAIRMAN. The minimum time mind Members that the rules state Akin Cubin Hastert for electroic voting on this question is that the vote shall be open for a min- Bachus Culberson Hastings (WA) 15 minutes. imum of 15 minutes, and as long as Baker Cunningham Hayes there are Members in the well to vote, Ballenger Davis, Jo Ann Hayworth Mr. SANDERS. Will the gentleman Barrett (SC) Davis, Tom Hefley tell me how much time has expired on the vote will remain open. Barton (TX) Deal (GA) Hensarling this vote at this point? Ms. PELOSI. Mr. Chairman, how long Bass DeLay Herger The CHAIRMAN. Longer than the has the vote been open? Beauprez DeMint Hobson The CHAIRMAN. The Chair is about Bereuter Diaz-Balart, L. Hoekstra minimum time. Biggert Diaz-Balart, M. Hostettler Mr. SANDERS. My understanding is to ask if any Member wishes to change Bilirakis Doolittle Houghton over 24 minutes have expired. his or her vote, so that changes may be Bishop (UT) Dreier Hulshof reported. Blackburn Dunn Hunter PARLIAMENTARY INQUIRY Blunt Edwards Hyde Mr. NADLER (during the vote). Mr. b 1622 Boehlert Emerson Isakson Chairman, I have a parliamentary in- Ms. HARRIS, Mrs. CUBIN, Messrs. Boehner English Issa Bonilla Everett Istook quiry. GILCHREST, BEREUTER, TOM Bonner Feeney Jenkins The CHAIRMAN. The gentleman DAVIS of Virginia, BILIRAKIS, KING- Bono Ferguson Johnson (CT) from New York will state his par- STON, SMITH of Michigan, BISHOP of Boozman Foley Johnson, Sam liamentary inquiry. Bradley (NH) Forbes Jones (NC) Utah, WAMP, TANCREDO and Mrs. Brady (TX) Fossella Keller Mr. NADLER. My parliamentary in- MUSGRAVE changed their vote from Brown (SC) Franks (AZ) Kelly quiry is twofold. How much time has ‘‘aye’’ to ‘‘no.’’ Brown-Waite, Frelinghuysen Kennedy (MN) elapsed on this vote, and how much Messrs. ACKERMAN, LANGEVIN, Ginny Gallegly King (IA) time will be allowed on this vote be- Burgess Garrett (NJ) King (NY) ALEXANDER, CRAMER, and SHER- Burns Gerlach Kingston yond what the rules provide for? How MAN changed their vote from ‘‘no’’ to Burr Gibbons Kline much time has elapsed on this vote? ‘‘aye.’’ Burton (IN) Gilchrest Knollenberg The time has expired. So the amendment was rejected. Buyer Gillmor Kolbe How much time has elapsed on this The result of the vote was announced Calvert Gingrey Latham Camp Goode LaTourette vote? Are we going to hold this vote as above recorded. Cannon Goodlatte Lewis (CA) open until enough arms are twisted? AMENDMENT NO. 20 OFFERED BY MR. AKIN Cantor Goss Lewis (KY) The CHAIRMAN. The Chair would at- The CHAIRMAN. The pending busi- Capito Granger Linder Carter Graves LoBiondo tempt to respond to the parliamentary ness is the demand for a recorded vote Chabot Green (WI) Lucas (OK) inquiry. The minimum time for this on the amendment offered by the gen- Chocola Greenwood Manzullo electronic vote, as stated earlier, is 15 tleman from Missouri (Mr. AKIN) on Coble Gutknecht McCotter minutes. And, as always, if there are which further proceedings were post- Cole Hall McCrery Cox Harman McHugh Members in the well attempting to poned and on which the ayes prevailed Crane Harris McInnis vote, the vote will remain open. by voice vote.

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.048 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5375 The Clerk will redesignate the Rohrabacher Skelton Toomey tleman from Iowa (Mr. KING) on which amendment. Ros-Lehtinen Slaughter Turner (OH) further proceedings were postponed and Ross Smith (MI) Turner (TX) The Clerk redesignated the amend- Rothman Smith (NJ) Udall (CO) on which the noes prevailed by voice ment. Royce Smith (TX) Udall (NM) vote. Ruppersberger Smith (WA) Upton The Clerk will redesignate the RECORDED VOTE Ryan (OH) Snyder Visclosky amendment. The CHAIRMAN. A recorded vote has Ryan (WI) Souder Vitter been demanded. Ryun (KS) Spratt Walden (OR) The Clerk redesignated the amend- Sa´ nchez, Linda Stearns Walsh ment. A recorded vote was ordered. T. Stenholm Wamp Sandlin Strickland RECORDED VOTE The CHAIRMAN. This will be a 5- Weldon (FL) Saxton Stupak minute vote. Weldon (PA) The CHAIRMAN. A recorded vote has Schiff Sullivan been demanded. The vote was taken by electronic de- Schrock Sweeney Weller vice, and there were—ayes 306, noes 113, Sensenbrenner Tancredo Whitfield A recorded vote was ordered. not voting 14, as follows: Sessions Tanner Wicker The CHAIRMAN. This will be a 5- Shadegg Taylor (MS) Wilson (NM) [Roll No. 340] Wilson (SC) minute vote. Shaw Taylor (NC) The vote was taken by electronic de- AYES—306 Sherwood Terry Wolf Shimkus Thomas Wu vice, and there were—ayes 139, noes 278, Aderholt Dreier Kline Shuster Thornberry Wynn not voting 16, as follows: Akin Duncan Knollenberg Simmons Tiahrt Young (AK) Alexander Dunn Lampson Simpson Tiberi Young (FL) [Roll No. 341] Allen Edwards Langevin AYES—139 Baca Ehlers Latham NOES—113 Bachus Akin Gibbons Neugebauer Emerson LaTourette Abercrombie Honda Napolitano Baird English Leach Baker Gingrey Ney Ackerman Hoyer Neal (MA) Baker Etheridge Lewis (CA) Barrett (SC) Goode Norwood Andrews Jackson (IL) Obey Ballenger Bartlett (MD) Goodlatte Nussle Everett Lewis (KY) Baldwin Jackson-Lee Barrett (SC) Olver Beauprez Goss Otter Feeney Linder Berkley (TX) Bartlett (MD) Pallone Bilirakis Graves Paul Ferguson Lipinski Berman Jefferson Barton (TX) Pascrell Bishop (UT) Green (WI) Flake LoBiondo Brady (PA) Johnson (CT) Pearce Bass Pastor Blackburn Greenwood Foley Lucas (KY) Brown (OH) Johnson, E. B. Pence Beauprez Payne Blunt Gutknecht Forbes Lucas (OK) Brown, Corrine Jones (OH) Petri Becerra Pelosi Bonner Harris Fossella Lynch Capps Kanjorski Pickering Bereuter Price (NC) Boozman Hayes Franks (AZ) Manzullo Capuano Kilpatrick Pitts Biggert Bradley (NH) Hayworth Frelinghuysen Marshall Case Kolbe Rodriguez Platts Bilirakis Brady (TX) Hefley Frost Matheson Clay Kucinich Roybal-Allard Pombo Bishop (NY) Brown-Waite, Hensarling Gallegly McCarthy (NY) Clyburn Lantos Rush Portman Bishop (UT) Ginny Herger Garrett (NJ) McCollum Conyers Larsen (WA) Sabo Putnam Blackburn Burgess Hoekstra Gerlach McCotter Crowley Larson (CT) Sanchez, Loretta Ramstad Blunt Burns Hostettler Gibbons McCrery Cummings Lee Schakowsky Rehberg Boehlert Buyer Hulshof Gilchrest McHugh Davis (AL) Levin Scott (GA) Renzi Boehner Camp Hunter Gillmor McInnis Davis (CA) Lewis (GA) Scott (VA) Rogers (AL) Bonilla Gingrey McIntyre Cantor Isakson Davis (IL) Lofgren Serrano Rohrabacher Bonner Goode McKeon Carson (OK) Issa DeGette Lowey Shays Royce Bono Goodlatte McNulty Carter Istook DeLauro Majette Sherman Ryan (WI) Boozman Gordon Mica Castle Jenkins Dingell Maloney Ryun (KS) Boswell Goss Michaud Solis Chabot Johnson, Sam Doggett Markey Schrock Boucher Granger Miller (FL) Stark Chandler Jones (NC) Doyle Matsui Sensenbrenner Boyd Graves Miller (MI) Tauscher Chocola Keller Emanuel McCarthy (MO) Sessions Bradley (NH) Thompson (CA) Coble Kelly Green (TX) Miller (NC) Engel McDermott Brady (TX) Thompson (MS) Cole Kennedy (MN) Shadegg Green (WI) Miller, Gary Eshoo McGovern Brown (SC) Tierney Cox King (IA) Shaw Greenwood Moore Evans Meehan Brown-Waite, Towns Crane Kingston Shays Gutknecht Moran (KS) Farr Meek (FL) Ginny Cubin Kline Shimkus Hall Murphy Fattah Meeks (NY) Van Hollen Burgess ´ Culberson Latham Shuster Harris Musgrave Filner Menendez Velazquez Burns Cunningham Lewis (KY) Simpson Hart Myrick Ford Millender- Waters Burr Davis, Jo Ann Lucas (OK) Smith (MI) Hastings (WA) Nethercutt Frank (MA) McDonald Watson Burton (IN) Deal (GA) Manzullo Smith (TX) Hayes Neugebauer Gonzalez Miller, George Watt Buyer DeLay Matheson Souder Hayworth Ney Grijalva Mollohan Waxman Calvert DeMint McCotter Stearns Hefley Northup Gutierrez Moran (VA) Weiner Camp Doolittle McCrery Sullivan Hensarling Norwood Harman Murtha Wexler Cannon Duncan McHugh Tancredo Herger Nunes Holt Nadler Woolsey Cantor Herseth Nussle Emerson McInnis Tanner Capito Hill Oberstar NOT VOTING—14 Everett Mica Taylor (MS) Cardin Hinojosa Ortiz Feeney Miller (FL) Thornberry Bell Collins LaHood Cardoza Hobson Osborne Foley Miller (MI) Toomey Berry Deutsch Carson (OK) Hoeffel Ose Quinn Forbes Miller, Gary Upton Bishop (GA) Gephardt Carter Hoekstra Otter Sanders Franks (AZ) Moran (KS) Vitter Blumenauer Hastings (FL) Castle Holden Owens Tauzin Gallegly Musgrave Wamp Carson (IN) Hinchey Chabot Hooley (OR) Oxley Garrett (NJ) Myrick Wilson (SC) Chandler Hostettler Paul ANNOUNCEMENT BY THE CHAIRMAN Chocola Houghton Pearce NOES—278 Coble Hulshof Pence The CHAIRMAN (during the vote). Abercrombie Boyd Davis (CA) Cole Hunter Peterson (MN) Members are advised 2 minutes remain Ackerman Brady (PA) Davis (FL) Cooper Hyde Peterson (PA) in this vote. Aderholt Brown (OH) Davis (IL) Costello Inslee Petri Alexander Brown (SC) Davis (TN) Cox Isakson Pickering b 1631 Allen Brown, Corrine Davis, Tom Cramer Israel Pitts Andrews Burr DeFazio Crane Issa Platts Ms. CORRINE BROWN of Florida and Baca Burton (IN) DeGette Crenshaw Istook Pombo Mr. SHAYS changed their vote from Bachus Calvert Delahunt Cubin Jenkins Pomeroy ‘‘aye’’ to ‘‘no.’’ Baird Cannon DeLauro Culberson John Porter Baldwin Capito Diaz-Balart, L. Cunningham Johnson (IL) Portman Mr. ENGLISH and Mr. HOLDEN Ballenger Capps Diaz-Balart, M. Davis (FL) Johnson, Sam Pryce (OH) changed their vote from ‘‘no’’ to ‘‘aye.’’ Barton (TX) Capuano Dicks Davis (TN) Jones (NC) Putnam Mr. ABERCROMBIE changed his vote Bass Cardin Dingell Davis, Jo Ann Kaptur Radanovich Becerra Cardoza Doggett Davis, Tom Keller Rahall from ‘‘present’’ to ‘‘no.’’ Bereuter Case Dooley (CA) Deal (GA) Kelly Ramstad So the amendment was agreed to. Berkley Clay Doyle DeFazio Kennedy (MN) Rangel The result of the vote was announced Berman Clyburn Dreier Delahunt Kennedy (RI) Regula as above recorded. Biggert Conyers Dunn DeLay Kildee Rehberg Bishop (NY) Cooper Edwards DeMint Kind Renzi AMENDMENT NO. 23 OFFERED BY MR. KING OF Boehlert Costello Ehlers Diaz-Balart, L. King (IA) Reyes IOWA Boehner Cramer Emanuel Diaz-Balart, M. King (NY) Reynolds The CHAIRMAN. The pending busi- Bonilla Crenshaw Engel Dicks Kingston Rogers (AL) Bono Crowley English Dooley (CA) Kirk Rogers (KY) ness is the demand for a recorded vote Boswell Cummings Eshoo Doolittle Kleczka Rogers (MI) on the amendment offered by the gen- Boucher Davis (AL) Etheridge

VerDate May 21 2004 04:16 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.123 H08PT1 H5376 CONGRESSIONAL RECORD — HOUSE July 8, 2004 Evans Lewis (GA) Rothman tleman from Michigan (Mr. SMITH) on Filner Lowey Rothman Farr Linder Roybal-Allard which further proceedings were post- Foley Lucas (KY) Roybal-Allard Fattah Lipinski Ruppersberger Ford Lucas (OK) Ruppersberger Ferguson LoBiondo Rush poned and on which the noes prevailed Frank (MA) Lynch Rush Filner Lofgren Ryan (OH) by voice vote. Frelinghuysen Majette Ryan (OH) Flake Lowey Sabo The Clerk will redesignate the Frost Maloney Sabo Ford Lucas (KY) Sa´ nchez, Linda Gallegly Markey Sa´ nchez, Linda Fossella Lynch T. amendment. Gerlach Marshall T. Frank (MA) Majette Sanchez, Loretta The Clerk redesignated the amend- Gilchrest Matheson Sanchez, Loretta Frelinghuysen Maloney Sanders ment. Gonzalez Matsui Sanders Frost Markey Sandlin Goss McCarthy (MO) Sandlin RECORDED VOTE Gerlach Marshall Saxton Granger McCarthy (NY) Saxton Gilchrest Matsui Schakowsky The CHAIRMAN. A recorded vote has Green (TX) McCollum Schakowsky Gillmor McCarthy (MO) Schiff been demanded. Greenwood McDermott Schiff Gonzalez McCarthy (NY) Grijalva McGovern Schrock Scott (GA) A recorded vote was ordered. Gordon McCollum Scott (VA) Gutierrez McHugh Scott (GA) Granger McDermott Serrano The CHAIRMAN. This will be a 5- Harman McNulty Scott (VA) Green (TX) McGovern Sherman minute vote. Harris Meehan Serrano Grijalva McIntyre Sherwood The vote was taken by electronic de- Herseth Meek (FL) Shaw Gutierrez McKeon Simmons Hill Meeks (NY) Shays Hall McNulty Skelton vice, and there were—ayes 129, noes 291, Hinojosa Menendez Sherman Harman Meehan Slaughter not voting 13, as follows: Hobson Michaud Sherwood Hart Meek (FL) Hoeffel Millender- Simmons Smith (NJ) [Roll No. 342] Hastings (WA) Meeks (NY) Smith (WA) Holden McDonald Skelton Herseth Menendez Snyder AYES—129 Holt Miller (MI) Slaughter Hill Michaud Honda Miller (NC) Smith (NJ) Solis Akin Gingrey Neugebauer Hinojosa Millender- Hooley (OR) Miller, George Smith (TX) Spratt Baker Goode Hobson McDonald Ney Houghton Mollohan Smith (WA) Stark Barrett (SC) Goodlatte Hoeffel Miller (NC) Norwood Hoyer Moore Snyder Stenholm Bartlett (MD) Gordon Holden Miller, George Osborne Hyde Moran (VA) Solis Strickland Barton (TX) Graves Holt Mollohan Otter Inslee Murtha Spratt Stupak Bass Green (WI) Honda Moore Paul Israel Nadler Stark Sweeney Bilirakis Gutknecht Hooley (OR) Moran (VA) Pence Issa Napolitano Strickland Tauscher Bishop (UT) Hall Houghton Murphy Peterson (MN) Jackson (IL) Neal (MA) Stupak Taylor (NC) Blackburn Hart Hoyer Murtha Peterson (PA) Jackson-Lee Nethercutt Sweeney Terry Bonner Hastings (WA) Hyde Nadler Petri (TX) Northup Tanner Thomas Boozman Hayes Inslee Neal (MA) Platts Jefferson Nunes Tauscher Thompson (CA) Bradley (NH) Hayworth Israel Nethercutt John Nussle Taylor (NC) Thompson (MS) Brown-Waite, Hefley Pombo Jackson (IL) Northup Johnson (CT) Oberstar Terry Ginny Hensarling Ramstad Jackson-Lee Nunes Tiahrt Johnson (IL) Obey Thomas Burgess Herger Rehberg (TX) Oberstar Tiberi Johnson, E. B. Olver Thompson (CA) Burton (IN) Hoekstra Renzi Jefferson Obey Tierney Jones (OH) Ortiz Thompson (MS) Buyer Hostettler Rogers (AL) John Olver Towns Kanjorski Ose Tiberi Camp Hulshof Rohrabacher Johnson (CT) Ortiz Turner (OH) Kaptur Owens Tierney Cannon Hunter Royce Johnson (IL) Osborne Turner (TX) Kelly Oxley Towns Cantor Isakson Ryan (WI) Johnson, E. B. Ose Udall (CO) Kennedy (RI) Pallone Turner (OH) Carter Istook Jones (OH) Owens Udall (NM) Ryun (KS) Kildee Pascrell Turner (TX) Chabot Jenkins Kanjorski Oxley Van Hollen Sensenbrenner Kilpatrick Pastor Udall (CO) Chocola Johnson, Sam Kaptur Pallone Vela´ zquez Sessions Kind Payne Udall (NM) Coble Jones (NC) Kennedy (RI) Pascrell Visclosky Shadegg King (NY) Pearce Upton Costello Keller Kildee Pastor Walden (OR) Shimkus Kirk Pelosi Van Hollen Cox Kennedy (MN) Kilpatrick Payne Walsh Shuster Kleczka Pickering Vela´ zquez Cramer King (IA) Kind Pelosi Waters Simpson Knollenberg Pitts Visclosky Crane Kingston King (NY) Peterson (MN) Watson Smith (MI) Kolbe Pomeroy Walsh Culberson Kline Kirk Pomeroy Watt Souder Kucinich Porter Waters Cunningham Lewis (KY) Kleczka Porter Waxman Stearns Lampson Portman Watson Davis, Jo Ann Linder Knollenberg Price (NC) Weiner Stenholm Langevin Price (NC) Watt Deal (GA) Manzullo Kolbe Pryce (OH) Weldon (FL) Sullivan Lantos Pryce (OH) Waxman DeLay McCotter Kucinich Radanovich Weldon (PA) Larsen (WA) Putnam Weiner DeMint McCrery Tancredo Lampson Rahall Weller Larson (CT) Radanovich Weldon (FL) Duncan McInnis Taylor (MS) Langevin Rangel Wexler Latham Rahall Weldon (PA) Everett McIntyre Thornberry Lantos Regula Whitfield LaTourette Rangel Weller Feeney McKeon Tiahrt Larsen (WA) Reyes Wicker Leach Regula Wexler Flake Mica Toomey Larson (CT) Reynolds Wilson (NM) Lee Reyes Wicker Forbes Miller (FL) Vitter LaTourette Rodriguez Wolf Levin Reynolds Wilson (NM) Fossella Miller, Gary Walden (OR) Leach Rogers (KY) Woolsey Lewis (CA) Rodriguez Wolf Franks (AZ) Moran (KS) Wamp Lee Rogers (MI) Wu Lewis (GA) Rogers (KY) Woolsey Garrett (NJ) Murphy Whitfield Levin Ros-Lehtinen Wynn Lipinski Rogers (MI) Wu Gibbons Musgrave Wilson (SC) Lewis (CA) Ross Young (FL) LoBiondo Ros-Lehtinen Wynn Gillmor Myrick Young (AK) Lofgren Ross Young (FL) NOT VOTING—16 NOES—291 Bell Deutsch Peterson (PA) NOT VOTING—13 Berry Gephardt Quinn Abercrombie Brown (OH) Davis (TN) Bell Collins LaHood Ackerman Bishop (GA) Hastings (FL) Tauzin Brown (SC) Davis, Tom Berry Deutsch Quinn Aderholt Brown, Corrine DeFazio Blumenauer Hinchey Young (AK) Bishop (GA) Gephardt Tauzin Carson (IN) LaHood Alexander Burns DeGette Blumenauer Hastings (FL) Collins Napolitano Allen Burr Delahunt Carson (IN) Hinchey Andrews Calvert DeLauro ANNOUNCEMENT BY THE CHAIRMAN Baca Capito Diaz-Balart, L. ANNOUNCEMENT BY THE CHAIRMAN The CHAIRMAN (during the vote). Bachus Capps Diaz-Balart, M. The CHAIRMAN (during the vote). Baird Capuano Dicks Members are advised there are 2 min- Members are advised there are 2 min- Baldwin Cardin Dingell utes remaining in this vote. Ballenger Cardoza Doggett utes remaining in this vote. Beauprez Carson (OK) Dooley (CA) 1647 b 1639 Becerra Case Doolittle b So the amendment was rejected. Bereuter Castle Doyle So the amendment was rejected. The result of the vote was announced Berkley Chandler Dreier The result of the vote was announced Berman Clay Dunn as above recorded. Biggert Clyburn Edwards as above recorded. Stated against: Bishop (NY) Cole Ehlers AMENDMENT OFFERED BY MR. HEFLEY Mr. NAPOLITANO. Mr. Chairman, on rollcall Blunt Conyers Emanuel The CHAIRMAN. The pending busi- No. 341, had I been present, I would have Boehlert Cooper Emerson ness is the demand for a recorded vote Boehner Crenshaw Engel noted ‘‘no.’’ Bonilla Crowley English on the amendment offered by the gen- AMENDMENT OFFERED BY MR. SMITH OF Bono Cubin Eshoo tleman from Colorado (Mr. HEFLEY) re- MICHIGAN Boswell Cummings Etheridge garding the U.S. Court of Federal The CHAIRMAN. The pending busi- Boucher Davis (AL) Evans Claims on which further proceedings Boyd Davis (CA) Farr ness is the demand for a recorded vote Brady (PA) Davis (FL) Fattah were postponed and on which the noes on the amendment offered by the gen- Brady (TX) Davis (IL) Ferguson prevailed by voice vote.

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.050 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5377 The Clerk will redesignate the Kaptur Murphy Scott (VA) The Clerk will redesignate the Kelly Murtha Serrano amendment. Kennedy (MN) Nadler Shaw amendment. The Clerk redesignated the amend- Kennedy (RI) Napolitano Shays The Clerk redesignated the amendment. Kildee Neal (MA) Sherman ment. Kilpatrick Nethercutt Sherwood RECORDED VOTE Kind Ney Shimkus RECORDED VOTE The CHAIRMAN. A recorded vote has King (IA) Northup Shuster The CHAIRMAN. A recorded vote has been demanded. King (NY) Nunes Simmons been demanded. Kleczka Nussle Simpson A recorded vote was ordered. Knollenberg Oberstar Skelton A recorded vote was ordered. The CHAIRMAN. This will be a 5- Kolbe Obey Slaughter The CHAIRMAN. This will be a 5- minute vote. Lampson Olver Smith (NJ) minute vote. Langevin Ortiz Smith (TX) The vote was taken by electronic de- Lantos Osborne Smith (WA) The vote was taken by electronic device, and there were—ayes 67, noes 347, Larsen (WA) Ose Snyder vice, and there were—ayes 81, noes 327, not voting 19, as follows: Larson (CT) Owens Solis not voting 25, as follows: Latham Oxley Souder [Roll No. 343] LaTourette Pallone Spratt [Roll No. 344] AYES—67 Leach Pascrell Stark AYES—81 Lee Pastor Stenholm Bartlett (MD) Hastings (WA) Pence Akin Flake Neugebauer Levin Payne Strickland Beauprez Hefley Baker Fossella Norwood Petri Lewis (CA) Pearce Stupak Bishop (UT) Hensarling Barrett (SC) Franks (AZ) Otter Pitts Lewis (GA) Pelosi Sullivan Blackburn Herger Bartlett (MD) Garrett (NJ) Paul Ramstad Linder Peterson (MN) Sweeney Bradley (NH) Hunter Barton (TX) Gibbons Pence Rehberg Lipinski Peterson (PA) Tanner Chabot Isakson Bass Graves Petri Rohrabacher LoBiondo Pickering Tauscher Coble Johnson, Sam Beauprez Gutknecht Pitts Royce Lofgren Platts Taylor (MS) Cubin Jones (NC) Bilirakis Hall Ramstad Ryan (WI) Lowey Pombo Taylor (NC) Davis, Jo Ann Keller Bishop (UT) Hayworth Rogers (MI) Ryun (KS) Lucas (KY) Pomeroy Thomas Deal (GA) Kingston Blackburn Hefley Rohrabacher Sensenbrenner Lucas (OK) Porter Thompson (CA) DeMint Kline Brady (TX) Hensarling Royce Sessions Lynch Portman Thompson (MS) Duncan Lewis (KY) Burgess Herger Rush Majette Price (NC) Thornberry Everett Manzullo Shadegg Burton (IN) Hoekstra Ryan (WI) Maloney Pryce (OH) Tiahrt Feeney McInnis Smith (MI) Capuano Hostettler Ryun (KS) Markey Putnam Tiberi Flake Mica Stearns Chabot Issa Sensenbrenner Marshall Radanovich Tierney Franks (AZ) Miller (FL) Tancredo Chocola Jenkins Sessions Matheson Rahall Towns Gallegly Miller, Gary Terry Coble Johnson, Sam Shadegg Matsui Rangel Turner (OH) Garrett (NJ) Musgrave Toomey Cox Jones (NC) Shimkus McCarthy (MO) Regula Turner (TX) Goode Myrick Udall (CO) Crane Keller Stearns McCarthy (NY) Renzi Udall (NM) Goodlatte Neugebauer Visclosky Cubin King (IA) Tancredo McCollum Reyes Upton Graves Norwood Deal (GA) Lewis (KY) Tanner Vitter McCotter Rodriguez Van Hollen Green (WI) Otter DeMint Linder Taylor (MS) Young (AK) McCrery Rogers (AL) Vela´ zquez Gutknecht Paul Diaz-Balart, M. McInnis Terry McDermott Rogers (KY) Walden (OR) Doggett Mica Thornberry McGovern Rogers (MI) Walsh NOES—347 Duncan Miller (FL) Toomey McHugh Ros-Lehtinen Wamp Everett Miller, Gary Vitter Abercrombie Carter Forbes McIntyre Ross Waters Feeney Musgrave Wilson (SC) Ackerman Case Ford McKeon Rothman Watson Aderholt Castle Fossella McNulty Roybal-Allard Watt NOES—327 Akin Chandler Frank (MA) Meehan Ruppersberger Waxman Alexander Chocola Frelinghuysen Meek (FL) Rush Weiner Abercrombie Clyburn Gonzalez Allen Clay Frost Meeks (NY) Ryan (OH) Weldon (FL) Ackerman Cole Goode Andrews Clyburn Gerlach Menendez Sabo Weldon (PA) Aderholt Conyers Goodlatte Baca Cole Gibbons Michaud Sa´ nchez, Linda Wexler Alexander Cooper Gordon Bachus Conyers Gilchrest Millender- T. Whitfield Allen Costello Goss Baird Cooper Gillmor McDonald Sanchez, Loretta Wicker Andrews Cramer Granger Baker Costello Gingrey Miller (MI) Sanders Wilson (NM) Baca Crenshaw Green (TX) Baldwin Cox Gonzalez Miller (NC) Sandlin Wilson (SC) Bachus Crowley Green (WI) Ballenger Cramer Gordon Miller, George Saxton Wolf Baird Cummings Grijalva Barrett (SC) Crane Goss Mollohan Schakowsky Woolsey Baldwin Cunningham Gutierrez Barton (TX) Crenshaw Granger Moore Schiff Wu Ballenger Davis (AL) Harman Bass Crowley Green (TX) Moran (KS) Schrock Wynn Becerra Davis (CA) Harris Becerra Culberson Greenwood Moran (VA) Scott (GA) Young (FL) Bereuter Davis (IL) Hart Bereuter Cummings Grijalva Berkley Davis (TN) Hastings (WA) Berkley Cunningham Gutierrez NOT VOTING—19 Berman Davis, Jo Ann Hayes Berman Davis (AL) Hall Bell Deutsch LaHood Biggert Davis, Tom Herseth Biggert Davis (CA) Harman Bishop (NY) DeFazio Hill Berry Gephardt Quinn Bilirakis Davis (FL) Harris Blunt DeGette Hinojosa Bishop (GA) Hastings (FL) Reynolds Bishop (NY) Davis (IL) Hart Blumenauer Hinchey Boehner Delahunt Hobson Blunt Davis (TN) Hayes Tauzin Bonilla DeLauro Hoeffel Brady (TX) Jones (OH) Weller Boehlert Davis, Tom Hayworth Carson (IN) Kirk Bonner DeLay Holden Boehner DeFazio Herseth Collins Kucinich Bono Dicks Holt Bonilla DeGette Hill Boozman Dingell Honda Bonner Delahunt Hinojosa ANNOUNCEMENT BY THE CHAIRMAN Boswell Dooley (CA) Hooley (OR) Bono DeLauro Hobson Boucher Doolittle Houghton Boozman DeLay Hoeffel The CHAIRMAN (during the vote). Boyd Doyle Hoyer Boswell Diaz-Balart, L. Hoekstra Two minutes remain in this vote. Bradley (NH) Dreier Hulshof Boucher Diaz-Balart, M. Holden Brady (PA) Dunn Hunter Boyd Dicks Holt b 1654 Brown (OH) Edwards Hyde Brady (PA) Dingell Honda So the amendment was rejected. Brown (SC) Ehlers Inslee Brown (OH) Doggett Hooley (OR) Brown, Corrine Emanuel Israel Brown (SC) Dooley (CA) Hostettler The result of the vote was announced Brown-Waite, Emerson Istook Brown, Corrine Doolittle Houghton as above recorded. Ginny Engel Jackson (IL) Brown-Waite, Doyle Hoyer Stated against: Burns English Jackson-Lee Ginny Dreier Hulshof Burr Etheridge (TX) Burgess Dunn Hyde Mr. WELLER. Mr. Chairman, on rollcall No. Buyer Evans Jefferson Burns Edwards Inslee 343 I was unavoidably detained. Had I been Calvert Farr John Burr Ehlers Israel present, I would have voted ‘‘no.’’ Camp Fattah Johnson (CT) Burton (IN) Emanuel Issa Cannon Ferguson Johnson (IL) Buyer Emerson Istook AMENDMENT OFFERED BY MR. HEFLEY Cantor Filner Johnson, E. B. Calvert Engel Jackson (IL) The CHAIRMAN. The pending busi- Capito Foley Jones (OH) Camp English Jackson-Lee ness is the demand for a recorded vote Capps Forbes Kanjorski Cannon Eshoo (TX) Cardin Frank (MA) Kelly Cantor Etheridge Jefferson on the amendment offered by the gen- Cardoza Frelinghuysen Kennedy (MN) Capito Evans Jenkins tleman from Colorado (Mr. HEFLEY) re- Carson (OK) Frost Kennedy (RI) Capps Farr John garding an across-the-board cut of Carter Gallegly Kildee Capuano Fattah Johnson (CT) total appropriations, on which further Case Gerlach Kilpatrick Cardin Ferguson Johnson (IL) Castle Gilchrest Kind Cardoza Filner Johnson, E. B. proceedings were postponed and on Chandler Gillmor King (NY) Carson (OK) Foley Kanjorski which the noes prevailed by voice vote. Clay Gingrey Kingston

VerDate May 21 2004 04:16 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.129 H08PT1 H5378 CONGRESSIONAL RECORD — HOUSE July 8, 2004 Kirk Neal (MA) Shays Interstate 80, which runs the length of the show complete disregard to the value of Kleczka Nethercutt Sherman Kline Ney Sherwood state of Nebraska, is one of the primary transit human rights, but also to the value of the fam- Knollenberg Northup Shuster routes used for drug trafficking across the cen- ily institution. Support the Flake-Davis-Emer- Kolbe Nunes Simmons tral United States. son-Delahunt amendment to de-fund Com- Kucinich Nussle Simpson Nebraska’s ability to prosecute interstate merce Department enforcement of its anti-fam- Lampson Oberstar Skelton Langevin Obey drug trafficking affects the whole country. ily regulations. Slaughter ´ Lantos Olver Smith (MI) In fact, Nebraska’s judges carry a heavier Mr. ACEVEDO-VILA. Mr. Speaker, I rise Larsen (WA) Ortiz Smith (NJ) criminal caseload than judges in New York today to urge my colleagues to vote in favor Larson (CT) Osborne Smith (TX) City, Chicago, and Los Angeles. Latham Ose of H.R. 4754; Making appropriations for the Smith (WA) LaTourette Owens Mr. Chairman, while I am grateful for the in- Departments of Commerce, Justice, and Snyder Leach Oxley creased funding provided in this bill for the Solis State, the Judiciary, and related agencies for Lee Pallone federal court system, the substantial increase the fiscal year ending September 30, 2005. Levin Pascrell Souder Lewis (CA) Pastor Spratt in Nebraska’s criminal trials leaves Nebraska’s This bill includes a very important amendment Lewis (GA) Payne Stark federal judges with impossibly heavy case- that will address the inaccessibility to afford- LoBiondo Pearce Stenholm loads. able capital for small businesses. This bill also Lofgren Pelosi Strickland I also appreciate the generous funding the Lowey Peterson (MN) Sullivan includes important funding increases for the Lucas (KY) Peterson (PA) Sweeney CJSJ committee has allocated in the last sev- Drug Enforcement Administration and the Bu- Lucas (OK) Pickering Tauscher eral years towards fighting meth in Nebraska. reau of Alcohol, Tobacco, Firearms and Explo- Lynch Platts Taylor (NC) These funds have made a significant dif- sives. Majette Pombo Thomas ference. Maloney Pomeroy Thompson (CA) One of the biggest problems that small busi- Manzullo Porter Thompson (MS) My colleague from Nebraska, Mr. BEREU- nesses in Puerto Rico and on the mainland Markey Portman Tiahrt TER, has introduced H.R. 4301, to authorize face is access to affordable capital. The 7(a) Marshall Price (NC) Tiberi an additional district judgeship for the district loan program is the Small Business Adminis- Matheson Pryce (OH) Tierney of Nebraska. Matsui Putnam Towns trations’ core lending program and accounts McCarthy (MO) Radanovich Turner (OH) The Senate has already passed legislation for roughly 30 percent of all long-term small McCarthy (NY) Rahall Turner (TX) that included Nebraska in the list of judgeships business borrowing in America. This public-pri- McCollum Rangel Udall (CO) to be made permanent and I am hopeful the McCotter Regula vate partnership provides important financing Udall (NM) House will do the same. McCrery Rehberg Upton for our nation’s small business at a good value McDermott Renzi Van Hollen A fourth judgeship is critically important to for the American taxpayer. This means there McGovern Reyes Vela´ zquez Nebraska, and without it, criminal cases will can be more loans, more small businesses McHugh Reynolds Visclosky move more slowly and handling civil cases will McIntyre Rodriguez and greater job creation. These loans are the Walden (OR) McKeon Rogers (AL) become increasingly burdensome. Walsh only source of affordable, long-term financing McNulty Rogers (KY) Wamp I support and urge passage of the under- for many of our nation’s small businesses. The Meehan Ros-Lehtinen Waters lying appropriations bill and I look forward to Meek (FL) Ross continuation of this program is fundamental to Watson Meeks (NY) Rothman continuing to work with the authorizing com- a sound economic recovery. Menendez Roybal-Allard Watt mittee to address the judgeship issue in Ne- The CJS Appropriations Act also includes Michaud Ruppersberger Waxman Weiner braska. $1.66 billion for the Drug Enforcement Admin- Millender- Sabo Mr. KUCINICH. Mr. Chairman, I rise today McDonald Sa´ nchez, Linda Weldon (FL) istration. This represents a $77 million in- Miller (MI) T. Weldon (PA) in support of the Flake-Davis-Emerson- crease above the Fiscal Year ’04 funding. Miller (NC) Sanchez, Loretta Weller Delahunt amendment to the Commerce, State These funds will go to keep drugs off our Miller, George Sanders Wexler & Justice Appropriations bill. This bipartisan Mollohan Sandlin Whitfield streets and out of the hands of our children. Moore Saxton Wicker amendment would de-fund Commerce Depart- Additionally, it contains $870 million for the Moran (KS) Schakowsky Wilson (NM) ment enforcement of its new anti-family regu- Bureau of Alcohol, Tobacco, Firearms and Ex- Moran (VA) Schiff Wolf lations. These regulations set greater limita- plosives, representing a $43 million increase Murphy Schrock Woolsey tions on gift parcels that Cuban-Americans are Murtha Scott (GA) Wu over fiscal 2004 funding. These necessary ad- Myrick Scott (VA) Wynn allowed to send to their family members. Gift ditions will provide for a safer society. Nadler Serrano Young (AK) parcels are no longer allowed to contain such I urge my colleagues to vote ‘‘yes’’ on the Napolitano Shaw Young (FL) humanitarian aid items as clothing, seeds, per- passage of H.R. 4754. NOT VOTING—25 sonal hygiene items, veterinary medicines and Mr. UDALL of Colorado. Mr. Chairman, I Bell Deutsch Kaptur supplies, fishing equipment and supplies, and rise in reluctant support of this bill. Berry Diaz-Balart, L. LaHood soap-making equipment. Additionally, this reg- Parts of the bill advance good policy. Bishop (GA) Eshoo Lipinski ulation limits the delivery of gift parcels to The most welcome provision in the bill is the Blumenauer Ford Quinn Cuba to once per month per household, in- $106 million included for the Manufacturing Boehlert Gephardt Ryan (OH) Carson (IN) Greenwood Stupak stead of once per month per individual recipi- Extension Program (MEP), a program the Ad- Collins Hastings (FL) Tauzin ent. The gift parcels can only be sent to the ministration has tried to eliminate for several Culberson Hinchey immediate family of a donor: grandparents, years. Last year, MEP served more than Davis (FL) Isakson grandchildren, parents, siblings, spouses or 18,000 small manufacturers across the coun- ANNOUNCEMENT BY THE CHAIRMAN children. All cousins, uncles, aunts, nieces, or try. In 2002, MEP assistance resulted in $2.79 The CHAIRMAN (during the vote). nephews, or in-laws are excluded. billion in increased/retained sales, $681 million Two minutes remain in this vote. According to the Commission for Assistance in cost savings, $940 million investment in to a Free Cuba, appointed by President Bush, modernization, and 32,000 jobs created and 1701 b gift parcels ‘‘decrease the burden of the Cas- retained. Every federal dollar appropriated for So the amendment was rejected. tro regime to provide for the basic needs of its MEP leverages $2 in state and private-sector The result of the vote was announced people’’ which therefore allows the regime to funding, which means that a small federal in- as above recorded. ‘‘dedicate more of its limited resources to vestment of $106 million translates into billions Mr. OSBORNE. Mr. Chairman, I appreciate strengthening its repressive apparatus.’’ This of dollars in benefits for the economy in terms the hard work of the members of the com- is ludicrous. The reality is that there are many of jobs created and retained, investment, and mittee, and of Chairman FRANK WOLF and Cubans living in poverty whose only way of sales. While it is overdue, the appropriators’ Ranking Member JOSE´ SERRANO on H.R. getting necessary living materails—soap, acknowledgement of MEP’s importance is wel- 4754. clothes, sustenance supplies—is through gift come—especially as manufacturers continue Caseloads for U.S. district judges in Ne- parcels from their relatives residing in the to experience tough economic times. braska have climbed steadily. In fact, criminal United States. The bill also provides essential funding for cases have more than doubled since 1995. This regulation is a human rights travesty; it the Department of Justice, the FBI, and the Like many other states in the Midwest, Ne- directly hurts Cuban people and their con- Drug Enforcement Administration, as well as braska has been plagued in recent years by cerned Cuban-American relatives. Family ties for Office of Justice programs such as the an influx of methamphetamine (meth), and stretch across borders, despite foreign policy State Criminal Alien Assistance program. criminal cases involving meth represent a sig- mandates, and denying family members from The bill improves on the President’s request nificant increase in Nebraska’s drug docket. sending aid to their relatives does not only in some cases. It includes funding for the

VerDate May 21 2004 04:16 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\A08JY7.055 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5379 Community Oriented Policing Services Research Review Team report provides a nec- Census Bureau, which is charged with the im- (COPS) program and state and local law en- essary first step toward rationalization of the portant responsibility of counting the American forcement assistance—less than the current enterprise-wide research effort.’’ As far as I population. I fully support the mission of the funding level for these programs, but at much am aware, the Committee has never provided Census Bureau. It is particularly important to higher levels than the request. I do hope that a definition for ‘‘laboratory consolidation.’’ If ensure that the Bureau has the resources it conferees will see fit to increase funding to done because of ‘‘resource limitations,’’ it needs to count hard-to-find populations, in- current levels for these programs in the final seems to me that ‘‘consolidation’’ is just a cluding Native Americans in South Dakota. version of the bill. code word for program elimination. I will con- Because of inadequate housing and high lev- On the international side, I’m pleased that tinue to fight to ensure that before NOAA els of poverty, Native Americans are tradition- the bill increases funding for education and takes any steps in this direction, it must pro- ally undercounted by the Census. This means cultural exchange programs, which are the vide Congress with further explanation as to that they often do not receive their fair share most effective public diplomacy programs we the reasons for and outcomes expected from of federal resources desperately needed to can fund, and that it directs the State Depart- such action. provide jobs, health care and education. ment to establish a new permanent office to Mr. Chairman, clearly I have deep concerns It is important to note that this bill provides plan for reconstruction and post-conflict sta- about the parts of this bill that affect my dis- the Census Bureau with a $149 million in- bility, making clear the preeminent role of the trict and that affect science and technology crease in funding over last year’s level. The State Department—not the Pentagon—in such funding at the Department of Commerce. But amendment would have shifted $106 million of planning. the bill includes funding for many other de- these funds to the COPS program, thus re- The bill also includes important language serving programs. So I will vote for this bill, storing COPS to last year’s level of funding prohibiting any funds from being used in any and will work to see that it is improved in con- while still providing the Census Bureau with an way to support or justify the use of torture by ference. overall increase in funding. I felt that this ap- any U.S. government official or contract em- Mr. SHAYS. Mr. Chairman, I rise in opposi- proach was fair, and that it would improve ployee. It also directs the Justice Department’s tion to the Paul Amendment on UNESCO. homeland security and public safety while still Inspector General to submit a report to Con- During a speech before the UN General As- ensuring that the Census can carry out its gress detailing all internal and interagency sembly on September 12, 2002, President mission. documents regarding the obligation to the U.S. Bush announced that the United States would Ms. SCHAKOWSKY. Mr. Chairman, I rise under the Geneva Conventions and related return to UNESCO. I support the President’s today to express my disappointment with the international agreements. I’m glad that the decision, and I oppose efforts to prohibit fund- wholly inadequate level of funding in the De- House supports this critical provision on a bi- ing to the organization. partments of Commerce, Justice, and State Rejoining UNESCO reflects our national un- partisan basis, as the Administration to date Appropriations bill for Fiscal Year 2005 for derstanding that the body has a decisive role has refused to provide these documents. grants to combat violence against women. in advancing U.S. foreign policy goals. These But I only reluctantly support this bill for the Women in this country are in the midst of a goals include promoting education and under- reasons I have expressed year after year— crisis, continuing to be terrorized by sexual as- standing in areas of the world where des- namely, that it attacks the Department of sault, domestic violence, and stalking, and the perate populations are susceptible to the Commerce laboratories in my district in Colo- situation is not getting much better. According preaching of those who would seek to destroy rado, the National Institute of Standards and our Nation. to the Centers for Disease Control and Pre- Technology (NIST) and the National Oceanic UNESCO is actively pursuing the UN’s Mil- vention, at least one out of every six women and Atmospheric Administration (NOAA). lennium Development Goals, including achiev- and girls in the United States will have been The trend of cutting these agencies to the ing universal primary education in all countries beaten or sexually abused in her lifetime. bone continues. It continues not because by 2015; eliminating gender disparity in pri- So what is the Republican leadership’s re- there is fat to cut at these facilities, but be- mary and secondary education by 2005; help- sponse? According to this bill, it is to cut fund- cause the Subcommittee allocation simply ing countries implement a national strategy for ing for grants to states to combat violence doesn’t provide enough money to go around. sustainable development by 2005; and revers- against women. This bill closely follows the Under the bill as it stands, the NIST and ing current trends in the loss of environmental President’s request and cuts VAWA funding NOAA laboratories will see more jobs lost and resources by 2015. by 1 percent from last year’s levels down to more cuts in funding. The bill cuts NIST fully Why wouldn’t the United States want to be $383.5 million. Funding for Violence Against 15 percent from last year’s levels. Funding for an active participant and contributor to this Women Act (VAWA) programs in the Depart- NIST’s Scientific and Technical Research and process? ment of Justice, programs which serve to pro- Services (STRS)—at $376 million—is at least We’ve debated these issues, and this body tect older and disabled women from violence, 9 percent below the request. Never mind that has decided the United States should continue to provide transitional housing for women flee- the Manufacturing Technology Competitive- to be a member in good standing at the UN ing abusive partners, to protect students on ness Act, which the House will pass this week, and rejoin UNESCO. campus from sexual assault, to reduce stalk- includes $425 million in FY2005 for STRS. Prohibiting funding sends a particularly bad ing, remains $55 million short of full funding. The bill includes funding for important con- message to the global community at a time this is simply unacceptable. struction projects, but at levels 18 percent when international support is needed for many We have the money in this country to help below the request. of our initiatives, including the war on terror. every women who is raped, to provide coun- The bill reduces NOAA funding by $543 mil- As a contributor and participant, the United seling and services to every family trying to lion—a 15 percent cut from FY2004 levels. States is granted owner to influence overcome domestic violence, to train police of- The office of Oceanic and Atmospheric Re- UNESCO’s goals, programs and management. ficers to help victims of stalking—yet the search (OAR), which funds the important work We should not pass up that opportunity. President’s budget chooses not to do this. In- being conducted in the labs in my district, is Ms. HERSETH. Mr. Chairman, yesterday stead, the Republican majority chooses to funded at $319 million in the bill—12 percent the House of Representatives narrowly de- spend more of our money on tax cuts for the below the request level, and 16 percent below feated an amendment to the fiscal year 2005 wealthy. FY2004 levels. The bill zeros out funding for Commerce, Justice and State Appropriations I go back to my district and I see women Abrupt Climate Research and Paleoclimate re- bill that would have increased funding for the who have worked so hard to survive domestic search, and the overall NOAA budget for cli- Community Oriented Policing Services abuse and sexual assault. I meet families who mate and global change research has been (COPS) program by $106 million. have lost a mother or a sister to domestic vio- reduced by an additional $6 million. These I voted in favor of this amendment because lence. When they ask me—what is my govern- NOAA research programs are vital to improv- I believe it is critical to restore cuts that this ment doing to help me? What is my governing our understanding of the impacts of cli- bill makes to the COPS program. COPS has ment doing to make sure this doesn’t happen mate change—something the president has been a critical part of our nation’s effort to put to another woman?—I will have to tell them said is a priority for his administration. more police officers on the streets in order to that the government is not doing nearly In addition to concerns about reduced fund- reduce crime and improve homeland security. enough. The Republican leadership is cutting ing for NOAA, I am also concerned about lan- Given the increased security needs our coun- funding for programs to prevent violence guage included in the bill’s report. The report try faces, there is no question that the COPS against women. This is a disgrace. notes: ‘‘The Committee continues to believe program is needed now more than ever. Mrs. CAPPS. Mr. Chairman, while I rise in that resource limitations require NOAA to act This was a difficult vote because funding to support of the FY05 Commerce, Justice, State expeditiously on laboratory consolidation. The pay for this amendment was taken from the appropriations bill, I am deeply disappointed in

VerDate May 21 2004 04:16 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\A08JY7.038 H08PT1 H5380 CONGRESSIONAL RECORD — HOUSE July 8, 2004 the significant cuts proposed to the National As we move into conference, I look forward FY04 enacted level of $19.9 million to $5 mil- Oceanic and Atmospheric Administration to working with my colleagues on the Sub- lion in the bill before us. Cooperative Re- budget. committee to address the challenges and search programs bring scientists together with As you know, the 23rd Congressional Dis- threats confronting our oceans and coasts. the fishing community to foster trust and to trict, on California’s Central Coast, is an in- Mr. FARR. Mr. Chairman, today this House conduct collaborative studies aimed at better credibly diverse and productive coastal and considers the Commerce, Justice, and State understanding our fisheries resources. If we marine area. Appropriations bill. I rise to speak on the Com- are serious about resolving over-fishing Tourism and commercial and recreational merce portion of the bill—and more specifi- issues, we cannot afford to cut a program that fishing are major industries on the Central cally, the massive cuts in funding for National brings together the critical players. Coast and a staple of our local economy. The Oceanic and Atmospheric Administration Lastly, I am deeply concerned by the fund- money spent by tourists and the fish caught (NOAA) programs. ing levels for marine mammal protection. by fisherman pay the bills and put food on the Sadly, the bill we debate today cuts NOAA Under the funding levels put forth in the bill, table for the people living in these commu- funding by 15 percent when compared to fis- the National Marine Fisheries Service will not nities. cal year 2004 levels. The decision to cut the be able to fund top priority studies as identi- Unfortunately, they know better than anyone funding of vital NOAA programs flies in the fied by the multi-stakeholder Take Reduction that our oceans and coasts are facing a great- face of two in-depth oceans studies, The Pre- Teams; the agency won’t be able to conduct er array of problems than ever before. liminary Report of the U.S. Commission on research on marine mammal population The impact of coastal development, pollu- Ocean Policy and the Pew Oceans Commis- trends, health, and demographics; and sadly, tion and some fishing practices have led to sion Report, both released during the past the National Marine Fisheries Service will not declining prospects for many of our oceans, year. These two reports document the crises be able to carry out marine mammal education coasts and marine life. facing our oceans—crises, as noted by the re- or enforcement programs. Another unfortunate With the recent release of the Pew Oceans ports, which require attention now. Today. Un- aspect of the bill in front of us today is that Commission report and the U.S. Commission fortunately, instead of using the findings of the funding for the marine mammal health and on Ocean Policy report, we have an unprece- two reports to take steps forward, we will in stranding response program was zeroed out dented opportunity to move forward to dra- fact be taking many steps backward if we de- last year and the funds were not restored in matically reform ocean policy. cide to under-fund NOAA programs, especially this year’s bill. This program funds investiga- That’s why investment in our nation’s coasts those within the National Ocean Service and tions of die-offs of large numbers of marine and oceans is needed now. the National Marine Fisheries Service. mammals, including a recent bottlenose dol- Before I speak about some of the specific Sadly, the bill before us proposes over $400 phin die-off in Florida that involved more than programs hardest hit, I want to thank CJS million in cuts—that’s a 15 percent cut—to the 100 animals. Without the restoration of this Chairman WOLF and Ranking Member agency in charge of caring for and managing program, we lose the opportunity to study ma- these assets. I am particularly worried by the SERRANO for the commitment they made during full committee mark-up to work to increase rine mammals during die-off events. decrease in funds proposed for the National Mr. Chairman, our oceans are this Country’s the funding levels for conservation programs, Ocean Service and the National Marine Fish- largest public trust resource. When are we particularly programs within the National eries Service. going to start treating them as such in this Ocean Service and the National Marine Fish- The National Ocean Service is the primary chamber, including adequately funding ocean eries Service, during conference with the Sen- federal agency working to protect and manage programs? Our job is to ensure a future in America’s coastal waters and habitats. Unfor- ate. I am grateful that they have acknowledged the importance of increasing the fund- which our oceans remain vital components of tunately, this bill proposes a debilitating cut of our economy, our communities, and our lives. $160 million from 2004 enacted levels. ing levels. I also thank Ranking Member OBEY for stating his concerns regarding the NOAA To do this, we must fund NOAA programs Critical National Ocean Service programs today. have been severely cut, including activities funding cuts. As a co-chair of the House Oceans Caucus, Despite concerns by my constituents, many that support managing coastal zones and na- I helped to lead a bi-partisan letter than gar- of whom are members of the more than 24 tional marine sanctuaries, restoring coral nered a total of 59 signatures supporting a va- national organizations that signed a letter de- reefs, protecting sensitive coastal estuaries riety of NOAA programs, including state coast- livered to every member of the House urging and reducing coastal pollution. al zone management grants, coastal nonpoint a commitment for increasing NOAA funding, I These cuts will cripple the agency and will and community resource grants, the national am dedicated to moving this bill forward. Both impact all Americans who use our beaches estuarine research reserve system, the coastal the chairman and ranking member of the sub- and coastal waters for swimming, boating and and estuarine land conservation program, the committee have given me their commitment to recreation, in addition to threatening the 3 mil- national marine sanctuary system, coral reef work diligently to increase the funding levels lion U.S. jobs that our coasts and oceans sup- conservation, ocean exploration, fisheries re- for the NOAA programs hardest hit by today’s port. search and observer programs, marine mam- bill. I sincerely appreciate their commitment Mr. Chairman, I am also concerned by the mal protection, and invasive species initiatives, and look forward to working with them. How- proposed cuts to the National Marine Fisheries among others. This letter was not for parochial ever, in the future, I hope that this House will Service. The $96 million in cuts from the 2004 projects; it was for national programs for this adequately fund NOAA programs so that we enacted level will further jeopardize our al- Country’s largest public trust resource—our don’t find ourselves depending on the good ready troubled commercial and recreational oceans. Despite this letter, the bill in front of will of the Senate to increase the funding lev- fisheries. us today actually cuts the funding levels of els of programs that so many of our constitu- While the bill does provide additional funds many of the programs we specifically noted ents care so deeply about. for expanding fisheries stock assessments, it were important to protect. Mr. OLVER. Mr. Chairman, I rise in strong fails to make available critical dollars for fish- Mr. Chairman, let me highlight some of the support of the Flake, Davis, Emerson, ery observer programs, cooperative research, most severe cuts and briefly discuss the likely Delahunt amendment. essential fish habitat protection, and efforts to consequences of the cuts. The Bush Administration recently an- conserve protected species like marine mam- When combining the cuts from decreases in nounced a series of measures that tighten re- mals and sea turtles. coastal zone management grants and coastal strictions on travel to Cuba, and further limit Mr. Chairman, I recognize the Sub- nonpoint pollution grants—both of which are the items that Cuban-Americans can send to committee has difficult choices to make this important to state efforts to address threats to their relatives on the island. year. And, I appreciate the Chairman and the coastal ocean—many states will be left Mr. Chairman, it is inhumane and un-Amer- Ranking Member’s commitment to work to- scrambling. For example, Florida will have a ican to prevent Cuban-Americans from send- ward rectifying the funding levels for NOAA in net loss of $345,000; Virginia a net loss of ing clothing and personal hygiene items to the final bill. $620,000; and my state of California will lose their relatives in Cuba. These restrictions deny However, the verdict is in—our oceans and $620,000. These numbers may not seem like the rights of Americans to help their families in coasts are in trouble. high dollar amounts since we are used to Cuba who rely on packages from the United We need to invest in our oceans to ensure dealing in millions; however, the states rely on States to provide things that they cannot get that future generations will be able to enjoy these funds and it is unfortunate that we can’t at home. clean beaches, healthy seafood, abundant provide them. Ironically, like the ongoing travel ban and ocean wildlife, and thriving coastal commu- Cooperative Fisheries Research programs embarge, these restrictions will do little to nities. have been dealt a huge blow—going from an harm the Castro regime.

VerDate May 21 2004 04:16 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\A08JY7.043 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5381 Our Cuba policy should not be built on pun- 4754) making appropriations for the De- ment offered by the gentleman from ishing families and limiting the rights of Ameri- partments of Commerce, Justice, and Vermont (Mr. SANDERS), the gentleman cans. We should support more family contact State, the Judiciary, and related agen- from Idaho (Mr. OTTER), and others. between Cubans and Americans and endorse cies for the fiscal year ending Sep- And then the vote continued, and it a strategy of engagement. These latest restric- tember 30, 2005, and for other purposes, continued, and it continued, for over tions may have some electoral impact in Flor- pursuant to House Resolution 701, he twice as long as the Speaker of the ida, but 40 years of failure prove they will not reported the bill back to the House House early this year indicated votes loosen Fidel Castro’s grip on power. We with sundry amendments adopted by would be held; indeed, for 38 minutes. should reject these new restrictions and vote the Committee of the Whole. Now, I say to my colleagues, let me for this amendment. The SPEAKER pro tempore. Under remind my colleagues of the remarks Mr. SHAYS. Mr. Chairman, I rise in opposi- the rule, the previous question is or- of our Vice President in 1987, when a tion to this very harmful amendment, the Paul dered. similar tactic was employed, and I am Amendment on U.N. funding. Is a separate vote demanded on any quoting the remarks of the Vice Presi- In the early 1990s, because of concerns amendment? If not, the Chair will put dent of the United States, RICHARD about United Nation’s operations and the lack them en gros. CHENEY, who at that point in time was of reforms by that body, the United States The amendments were agreed to. a Member of this House. ‘‘The Demo- began withholding its payments to the U.N. The SPEAKER pro tempore. The crats,’’ he said, ‘‘have just performed and fell into arrears. question is on the engrossment and the most grievous insult inflicted on We subsequently debated this issue for third reading of the bill. Republicans in my time in the House, a years, and, in November 1999, Congress and The bill was ordered to be engrossed vote held open for a shorter period of the Administration finally agreed on a plan to and read a third time, and was read the time.’’ He went on to say that it was repay our longstanding debt to the U.N. in ex- third time. ‘‘the most arrogant, heavy-handed change for significant reforms by the world b 1701 abuse of power I have ever seen in the body. 10 years that I have been here.’’ He This agreement conditioned U.S. payments MOTION TO RECOMMIT OFFERED BY MR. HOYER went on to say, referring to the Speak- of $819 million on substantial reforms at the Mr. HOYER. Mr. Speaker, I offer a er of the House of Representatives at U.N. In return for the United States making motion to recommit. that time, Jim Wright from the State good on its commitment, the U.N. reduced our The SPEAKER pro tempore (Mr. of Texas, ‘‘He is a heavy-handed son,’’ contributions to its regular budget from 25 to THORNBERRY). Is the gentleman op- and I will delete the next two words, 20 percent, and to the peacekeeping budget posed to the bill? ‘‘and he doesn’t know any other way to from 31 to 25 percent. The U.N. also agreed Mr. HOYER. In its present form, I operate, and he will do anything he can to open up its financial books to the United am. to win at any price. There is no sense States and to establish an office of an Inspec- The SPEAKER pro tempore. The of comity left,’’ said the Vice Presi- tor General at each of its program offices. Clerk will report the motion to recom- dent, DICK CHENEY, then a Member of We’ve debated these issues, and this body mit. the House of Representatives. has decided the United States should continue The Clerk read as follows: Perhaps he felt better after he said to be a member in good standing at the U.N. Mr. HOYER of Maryland moves to recommit that. This amendment would send us back to a de- the bill, H.R. 4754, to the Committee on Ap- But my friends, if you campaign on bate settled more than three years ago. propriations with instructions to report the changing the tone in Washington, if Mr. Chairman, as the U.N.’s single largest bill forthwith with the following amend- your objective was to bring comity to ment: contributor, the United States is granted un- At the end of the bill (before the short this House, if your objective, by voting paralleled power to craft the U.N.’s agenda title), insert the following new title: for the PATRIOT Act, was to protect and budget. Our financial leadership truly TITLE VIII—ADDITIONAL GENERAL democracy, then protect it here. Pro- gives us the ability to shape world events. PROVISIONS tect it here in the People’s House. Pro- tect it here where every one of you has Countries all over the world are looking to SEC. 801. None of the funds made available the United States for leadership, yet if this in this Act may be used to make an applica- an opportunity to say that we will have amendment were to pass, what they would tion under section 501 of the Foreign Intel- a fair vote in a fair time frame, and the see is a very powerful and wealthy country re- ligence Surveillance Act of 1978 (50 U.S.C. majority will prevail, not the intimi- fusing to live up to its international commit- 1861) for an order requiring the production of dated will prevail. ments. Why, as a nation, would we want to library circulation records, library patron Mr. Speaker, I yield to the gentleman unnecessarily complicate our diplomatic efforts lists, library Internet records, book sales from Vermont (Mr. SANDERS), the spon- at a time when we need every ounce of lever- records, or book customer lists. sor of the amendment. age? The SPEAKER pro tempore. The gen- Mr. SANDERS. Mr. Speaker, let me While we must continue examining its oper- tleman from Maryland (Mr. HOYER) is begin by thanking the 191 Democrats ations and recommending operational im- recognized for 5 minutes in support of and 18 Republicans who voted for that provements, the United Nations deserves U.S. his motion. important amendment, but I am not support as it continues to combat terrorism, Mr. HOYER. Mr. Speaker, some time going to discuss the substance of that promote economic growth and assist countries ago we passed an act. It was called the amendment, because that debate took in moving towards democracy. PATRIOT Act. It was voted upon by place, and I respect the people on both The CHAIRMAN. Are there further the overwhelming majority of us. The sides of that debate. amendments? objective then was to ensure the safety But what I do not respect is that The Clerk will read the last three of democracy and the survival of free- when we are having a debate about lines. dom. That was the objective of the PA- basic American democratic rights and The Clerk read as follows: TRIOT Act. what our Constitution is supposed to This Act may be cited as the ‘‘Depart- Now, there are many in this House, be, I resent bitterly, on behalf of the ments of Commerce, Justice, and State, the indeed the majority, who believed that American people, that the Republican Judiciary, and Related Agencies Appropria- there were provisions in that act that leadership rigged the game. That is tions Act, 2005’’. undermined democracy. The gentleman wrong. At the end of nine innings of a The CHAIRMAN. Under the rule, the from Vermont (Mr. SANDERS) and the baseball game, at the end of nine in- Committee rises. gentleman from Idaho (Mr. OTTER) and nings of a baseball game, the team that Accordingly, the Committee rose; others raised a very specific provision has the most runs wins. At the end of and the Speaker pro tempore (Mr. of that PATRIOT Act as undermining the 17 minutes tonight, our side won, THORNBERRY) having assumed the of our democracy, of our civil liberties, and it was not even close. chair, Mr. HASTINGS of Washington, and of our freedom. Now, what kind of lesson, what kind Chairman of the Committee of the The vote was called on that amend- of lesson are we showing the children Whole House on the State of the Union, ment, and at the expiration of 15 min- of America when we tell them, get in- reported that that Committee, having utes, the majority of the House indi- volved in the political process, that we had under consideration the bill (H.R. cated that they supported the amend- are a free country, that we are fighting

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.046 H08PT1 H5382 CONGRESSIONAL RECORD — HOUSE July 8, 2004 abroad for democracy, when we rig a The section preserves first amend- Jackson (IL) Meehan Sa´ nchez, Linda Jackson-Lee Meek (FL) T. vote on this floor? Shame, shame, ment rights, and it expressly provides (TX) Meeks (NY) Sanchez, Loretta shame. that the FBI cannot conduct investiga- Jefferson Menendez Sanders Mr. WOLF. Mr. Speaker, I rise in options of United States persons solely John Michaud Sandlin position to the motion to recommit. on the basis of activities protected by Johnson, E. B. Millender- Schakowsky The SPEAKER pro tempore. The gen- Jones (OH) McDonald Schiff the first amendment to the Constitu- Kanjorski Miller (NC) Scott (GA) tleman from Virginia (Mr. WOLF) is tion of the United States. Kaptur Miller, George Scott (VA) recognized for 5 minutes. Now, if section 215 goes down, then Kennedy (RI) Mollohan Serrano Mr. WOLF. Mr. Speaker, I will just the Justice Department can get a Kildee Moore Sherman make one comment, and then I will Kilpatrick Moran (VA) Skelton grand jury subpoena. Now, with a Kind Murtha Slaughter yield to the chairman of the Com- grand jury subpoena, there is no court Kleczka Nadler Snyder mittee on the Judiciary. order, there is no court review, and the Kucinich Napolitano Solis I want to read a letter that came out Lampson Neal (MA) Spratt person who receives the grand jury sub- Langevin Oberstar today. I wish it had come up yesterday Stark poena, a librarian or a bookseller, if Lantos Obey Strickland Larsen (WA) Olver and the day before, but it did not. I you will, has to spend thousands of dol- Stupak Larson (CT) Ortiz think every Member ought to know; it Tanner lars hiring a lawyer at their expense to Leach Owens Tauscher deals with the Sanders amendment. make a motion to quash the subpoena Lee Pallone Taylor (MS) Here is what it says. Levin Pascrell in the United States district court. Thompson (CA) Lewis (GA) Pastor It says: ‘‘Dear Chairman SENSEN- And the burden of proof is on the book- Thompson (MS) BRENNER. In anticipation of the U.S. Lipinski Paul seller or the librarian who wants to Lowey Payne Tierney House of Representatives’ consider- have the subpoena quashed. Lucas (KY) Pelosi Towns ation of an amendment that would pre- I would submit to my colleagues that Lynch Peterson (MN) Udall (CO) vent the Justice Department from ob- Majette Pomeroy Udall (NM) if we look at what this amendment pro- Maloney Price (NC) Van Hollen taining records from public libraries poses to get rid of, it gets rid of a pro- Markey Rahall Vela´ zquez and book stores under section 215 of cedure that grants more protection to Marshall Rangel Visclosky the USA PATRIOT Act, your staff has booksellers and is of much narrower Matheson Reyes Waters recently inquired about whether ter- Matsui Rodriguez Watson scope than the alternative of the grand McCarthy (MO) Ross Watt rorists have ever utilized public library jury subpoena. McCarthy (NY) Rothman Waxman facilities to communicate with others Let us use common sense and not McCollum Roybal-Allard Weiner about committing acts of terrorism. McDermott Ruppersberger Wexler emotion and vote this motion to re- McGovern Rush Woolsey The short answer is ‘Yes.’’’ commit down. McIntyre Ryan (OH) Wu And then they go on to say, ‘‘You The SPEAKER pro tempore. All time McNulty Sabo Wynn should know we have confirmed that, for debate has expired. NOES—223 as recently as this past winter and Without objection, the previous ques- spring, a member of a terrorist group tion is ordered on the motion to recom- Aderholt Doolittle Kelly closely affiliated with al Qaeda used Akin Dreier Kennedy (MN) mit. Bachus Duncan King (IA) Internet services provided by a public There was no objection. Baker Dunn King (NY) library. This terrorist used the li- The SPEAKER pro tempore. The Ballenger Edwards Kingston brary’s computer to communicate with question is on the motion to recommit. Barrett (SC) Ehlers Kirk his confederates. Beyond this, we are Bartlett (MD) Emerson Kline The question was taken; and the Barton (TX) English Knollenberg unable to comment.’’ Speaker pro tempore announced that Bass Everett Kolbe I wish the Justice Department letter the noes appeared to have it. Beauprez Feeney Latham had really come up yesterday or the Bereuter Ferguson LaTourette day before so all Members could have RECORDED VOTE Biggert Flake Lewis (CA) Mr. HOYER. Mr. Speaker, I demand a Bilirakis Forbes Lewis (KY) been able to see it before the vote. Bishop (UT) Fossella Linder Mr. Speaker, I yield to the gentleman recorded vote. Blackburn Franks (AZ) LoBiondo from Wisconsin (Mr. SENSENBRENNER). A recorded vote was ordered. Blunt Frelinghuysen Lucas (OK) The SPEAKER pro tempore. Pursu- Boehlert Gallegly Manzullo Mr. SENSENBRENNER. Mr. Speak- Boehner Garrett (NJ) McCotter er, this motion to recommit should be ant to clause 9 of rule XX, the Chair Bonilla Gerlach McCrery defeated as the amendment was de- will reduce to 5 minutes the time for Bonner Gibbons McHugh feated, and the reason is that section an electronic vote on final passage of Bono Gilchrest McInnis the bill. Boozman Gillmor McKeon 215, which this amendment proposes to Bradley (NH) Gingrey Mica defund, provides more rights to public The vote was taken by electronic de- Brady (TX) Goode Miller (FL) libraries and booksellers than a grand vice, and there were—ayes 194, noes 223, Brown (SC) Goodlatte Miller (MI) answered ‘‘present’’ 1, not voting 16, as Brown-Waite, Goss Miller, Gary jury subpoena would. Let us look at Ginny Granger Moran (KS) what section 215 does. follows: Burgess Graves Murphy First, it requires the FBI to get a [Roll No. 345] Burns Green (WI) Musgrave court order. To get a court order, a Burr Greenwood Myrick AYES—194 Burton (IN) Gutknecht Nethercutt judge has to be convinced that the Abercrombie Clay Etheridge Buyer Hall Neugebauer court order is necessary, and the bur- Ackerman Clyburn Evans Calvert Harris Ney den of proof is on the Justice Depart- Alexander Conyers Farr Camp Hart Northup Allen Cooper Fattah Cannon Hastert Norwood ment. Andrews Costello Filner Cantor Hastings (WA) Nunes The section has a narrow scope. It Baca Cramer Ford Capito Hayes Nussle can only be used to obtain foreign in- Baird Crowley Frank (MA) Carter Hayworth Osborne telligence information not concerning Baldwin Cummings Frost Castle Hefley Ose Becerra Davis (AL) Gonzalez Chabot Hensarling Otter a United States person or to protect Berkley Davis (CA) Gordon Chocola Herger Oxley against international terrorism or Berman Davis (FL) Green (TX) Coble Hobson Pearce clandestine intelligence activities. Bishop (NY) Davis (IL) Grijalva Cole Hoekstra Pence That is what this motion to recommit Boswell Davis (TN) Gutierrez Cox Hostettler Peterson (PA) Boucher DeFazio Harman Crane Houghton Petri proposes to do away with. Boyd DeGette Herseth Crenshaw Hulshof Pickering So the people who are being pro- Brady (PA) Delahunt Hill Cubin Hunter Pitts tected are not United States persons, Brown (OH) DeLauro Hinojosa Culberson Hyde Platts Brown, Corrine Dicks Hoeffel Cunningham Issa Pombo and people who are engaged in inter- Capps Dingell Holden Davis, Jo Ann Istook Porter national terrorism or clandestine intel- Capuano Doggett Holt Davis, Tom Jenkins Portman ligence activities. Cardin Dooley (CA) Honda Deal (GA) Johnson (CT) Pryce (OH) Section 215 cannot be used to inves- Cardoza Doyle Hooley (OR) DeLay Johnson (IL) Putnam Carson (OK) Emanuel Hoyer DeMint Johnson, Sam Radanovich tigate ordinary crimes or even domes- Case Engel Inslee Diaz-Balart, L. Jones (NC) Ramstad tic terrorists. Chandler Eshoo Israel Diaz-Balart, M. Keller Regula

VerDate May 21 2004 04:16 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.136 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5383 Rehberg Shimkus Tiberi Garrett (NJ) Lucas (OK) Ross Otter Petri Taylor (MS) Renzi Shuster Toomey Gerlach Lynch Rothman Paul Shadegg Toomey Reynolds Simmons Turner (OH) Gibbons Majette Roybal-Allard NOT VOTING—18 Rogers (AL) Simpson Upton Gilchrest Maloney Royce Rogers (KY) Smith (MI) Vitter Gillmor Manzullo Ruppersberger Bell Deutsch Johnson, E. B. Rogers (MI) Smith (NJ) Walden (OR) Gingrey Markey Rush Bishop (GA) Gephardt LaHood Rohrabacher Smith (TX) Walsh Gonzalez Marshall Ryan (OH) Blumenauer Goss Quinn Ros-Lehtinen Smith (WA) Wamp Goode Matheson Ryan (WI) Carson (IN) Hastings (FL) Tauzin Royce Souder Weldon (FL) Goodlatte Matsui Ryun (KS) Collins Hinchey Turner (TX) Ryan (WI) Stearns Gordon McCarthy (MO) Weldon (PA) Sabo Cox Isakson Waxman Ryun (KS) Stenholm Granger McCarthy (NY) ´ Weller Sanchez, Linda Saxton Sullivan Graves McCollum T. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whitfield Schrock Sweeney Green (TX) McCotter Sanchez, Loretta Wicker The SPEAKER pro tempore (Mr. Sensenbrenner Tancredo Green (WI) McCrery Sanders Wilson (NM) THORNBERRY) (during the vote). Mem- Sessions Taylor (NC) Greenwood McDermott Sandlin Shadegg Terry Wilson (SC) Grijalva McGovern Saxton bers are advised 2 minutes remain in Shaw Thomas Wolf Gutierrez McHugh Schakowsky which to cast their votes. Shays Thornberry Young (AK) Hall McInnis Schiff Sherwood Tiahrt Young (FL) Harman McIntyre Schrock b 1739 Harris McKeon ANSWERED ‘‘PRESENT’’—1 Scott (GA) Hart McNulty Scott (VA) So the bill was passed. Lofgren Hastings (WA) Meehan Sensenbrenner The result of the vote was announced Hayes Meek (FL) NOT VOTING—16 Serrano as above recorded. Hayworth Meeks (NY) Sessions Bell Deutsch LaHood Herger Menendez Shaw A motion to reconsider was laid on Berry Foley Quinn Herseth Mica Shays the table. Bishop (GA) Gephardt Tauzin Hill Michaud Sherman Blumenauer Hastings (FL) Turner (TX) Hinojosa Millender- Sherwood f Carson (IN) Hinchey Hobson McDonald Shimkus Collins Isakson Hoeffel Miller (MI) Shuster MOTION TO ADJOURN Hoekstra Miller (NC) Simmons ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Holden Miller, Gary Simpson Mr. NADLER. Mr. Speaker, I move The SPEAKER pro tempore (Mr. Holt Miller, George Skelton that the House do now adjourn. Honda Mollohan THORNBERRY) (during the vote). Mem- Slaughter The SPEAKER pro tempore. The Hooley (OR) Moore Smith (MI) bers are reminded there are 2 minutes Hostettler Moran (KS) question is on the motion to adjourn Smith (NJ) Houghton Moran (VA) to cast their votes. Smith (TX) offered by the gentleman from New Hoyer Murphy Smith (WA) York (Mr. NADLER). Hulshof Murtha Snyder b 1732 Hunter Musgrave The motion is not debatable. Solis Hyde Myrick The question was taken; and the So the motion was rejected. Souder Inslee Nadler Spratt Speaker pro tempore announced that The result of the vote was announced Israel Napolitano Stark the noes appeared to have it. Issa Neal (MA) as above recorded. Stearns Istook Nethercutt Mr. NADLER. Mr. Speaker, on that I The SPEAKER pro tempore. The Stenholm Jackson (IL) Neugebauer demand the yeas and nays. question is on passage of the bill. Strickland Jackson-Lee Ney The yeas and nays were ordered. Pursuant to clause 10 of rule XX, the (TX) Northup Stupak Jefferson Nunes Sullivan The vote was taken by electronic de- yeas and nays are ordered. Sweeney This will be a 5-minute vote. Jenkins Nussle vice, and there were—yeas 64, nays 324, John Oberstar Tancredo not voting 46, as follows: The vote was taken by electronic de- Johnson (CT) Obey Tanner vice, and there were—yeas 397, nays 18, Johnson (IL) Olver Tauscher [Roll No. 347] Taylor (NC) not voting 18, as follows: Johnson, Sam Ortiz AYES—64 Jones (OH) Osborne Terry Abercrombie Jackson-Lee Obey [Roll No. 346] Kanjorski Ose Thomas Allen (TX) Olver Kaptur Owens Thompson (CA) YEAS—397 Andrews Johnson, E. B. Keller Oxley Thompson (MS) Owens Baldwin Jones (OH) Abercrombie Brown (SC) Davis (TN) Kelly Pallone Thornberry Pallone Berry Kaptur Ackerman Brown, Corrine Davis, Jo Ann Kennedy (MN) Pascrell Tiahrt Pastor Boyd Kilpatrick Aderholt Brown-Waite, Davis, Tom Kennedy (RI) Pastor Tiberi Pelosi Brady (PA) Lantos Akin Ginny DeFazio Kildee Payne Tierney Peterson (MN) Brady (TX) Larson (CT) Alexander Burgess DeGette Kilpatrick Pearce Towns Ryan (OH) Capps Levin Allen Burns Delahunt Kind Pelosi Turner (OH) Schakowsky Capuano Lipinski Andrews Burr DeLauro King (IA) Pence Udall (CO) Skelton Baca Davis (IL) Lynch Burton (IN) DeLay King (NY) Peterson (MN) Udall (NM) Snyder DeFazio Maloney Bachus Buyer DeMint Kingston Peterson (PA) Upton DeLauro Markey Solis Baird Calvert Diaz-Balart, L. Kirk Pickering Van Hollen Doggett Matsui Stenholm Baker Camp Diaz-Balart, M. Kleczka Pitts Vela´ zquez Engel McCarthy (MO) Strickland Baldwin Cannon Dicks Kline Platts Visclosky Evans McDermott Taylor (MS) Ballenger Cantor Dingell Knollenberg Pombo Vitter Farr McGovern Tierney Barrett (SC) Capito Doggett Kolbe Pomeroy Walden (OR) Filner Meehan Towns Bartlett (MD) Capps Dooley (CA) Kucinich Porter Walsh Ford Miller (NC) Vela´ zquez Barton (TX) Cardin Doolittle Lampson Portman Wamp Frank (MA) Nadler Waters Bass Cardoza Doyle Langevin Price (NC) Waters Grijalva Neal (MA) Watson Beauprez Carson (OK) Dreier Lantos Pryce (OH) Watson Gutierrez Oberstar Wynn Becerra Carter Dunn Larsen (WA) Putnam Watt Bereuter Case Edwards Larson (CT) Radanovich Weiner NOES—324 Berkley Castle Ehlers Latham Rahall Weldon (FL) Berman Chabot Emanuel LaTourette Ramstad Weldon (PA) Aderholt Boehlert Cannon Berry Chandler Emerson Leach Rangel Weller Akin Boehner Cantor Biggert Chocola Engel Lee Regula Wexler Alexander Bonilla Capito Bilirakis Clay English Levin Rehberg Whitfield Bachus Bonner Cardin Bishop (NY) Clyburn Eshoo Lewis (CA) Renzi Wicker Baker Bono Cardoza Bishop (UT) Coble Etheridge Lewis (GA) Reyes Wilson (NM) Ballenger Boozman Carson (OK) Blackburn Cole Evans Lewis (KY) Reynolds Wilson (SC) Barrett (SC) Boswell Carter Blunt Conyers Everett Linder Rodriguez Wolf Bartlett (MD) Boucher Case Boehlert Cooper Farr Lipinski Rogers (AL) Woolsey Barton (TX) Bradley (NH) Castle Boehner Costello Fattah LoBiondo Rogers (KY) Wu Bass Brown (OH) Chabot Bonilla Cramer Feeney Lofgren Rogers (MI) Wynn Beauprez Brown (SC) Chandler Bonner Crane Ferguson Lowey Rohrabacher Young (AK) Becerra Brown, Corrine Chocola Bono Crenshaw Filner Lucas (KY) Ros-Lehtinen Young (FL) Bereuter Brown-Waite, Clay Boozman Crowley Foley Berkley Ginny Coble Boswell Culberson Forbes NAYS—18 Berman Burgess Cole Boucher Cummings Ford Biggert Burns Conyers Boyd Cunningham Fossella Capuano Franks (AZ) Miller (FL) Bilirakis Burr Cooper Bradley (NH) Davis (AL) Frank (MA) Cubin Gutknecht Norwood Bishop (NY) Burton (IN) Costello Brady (PA) Davis (CA) Frelinghuysen Deal (GA) Hefley Bishop (UT) Buyer Cox Brady (TX) Davis (FL) Frost Duncan Hensarling Blackburn Calvert Cramer Brown (OH) Davis (IL) Gallegly Flake Jones (NC) Blunt Camp Crane

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.057 H08PT1 H5384 CONGRESSIONAL RECORD — HOUSE July 8, 2004 Crenshaw Jenkins Porter Oxley Sa´ nchez, Linda Tauzin Americans the most. The never-ending Crowley John Portman Pascrell T. Turner (OH) political squabbling in Congress over Cubin Johnson (CT) Price (NC) Pitts Sanders Wamp Culberson Johnson (IL) Pryce (OH) Quinn Smith (MI) Watt taxing the rich, helping the poor, Cummings Johnson, Sam Putnam Rangel Smith (WA) Waxman PAYGO, deficits, and special interests Cunningham Jones (NC) Radanovich Sabo Stark Weller ignores the most insidious of all taxes, Davis (AL) Kanjorski Rahall Stupak Young (FL) Davis (CA) Keller Ramstad the inflation tax. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis (FL) Kelly Regula b 1800 Davis (TN) Kennedy (MN) Rehberg The SPEAKER pro tempore (Mr. Davis, Jo Ann Kennedy (RI) Renzi THORNBERRY) (during the vote). There Simply put, printing money to pay Davis, Tom Kildee Reyes for Federal spending dilutes the value Deal (GA) are 2 minutes remaining in this vote. Kind Reynolds of the dollar, which causes higher DeGette King (IA) Rodriguez b 1757 DeLay King (NY) Rogers (AL) prices for goods and services. Inflation DeMint Kingston Rogers (KY) So the motion to adjourn was re- may be an indirect tax, but it is a very Diaz-Balart, L. Kirk Rogers (MI) jected. real tax, and the individuals who suffer Diaz-Balart, M. Kleczka Rohrabacher Dicks Kline Ros-Lehtinen The result of the vote was announced most from the cost-of-living increases Dingell Knollenberg Ross as above recorded. certainly pay a tax. Doolittle Kolbe Rothman Unfortunately, no one in Wash- f Dreier Kucinich Roybal-Allard ington, especially those who defend the Duncan Lampson Royce Dunn Langevin Ruppersberger REPORT ON RESOLUTION PRO- poor and the middle class, cares about Edwards Latham Rush VIDING FOR CONSIDERATION OF this subject. Instead, all we hear is Ehlers LaTourette Ryan (WI) H.R. 4766, AGRICULTURE, RURAL that tax cuts for the rich are the Emanuel Leach Ryun (KS) DEVELOPMENT, FOOD AND DRUG source of every economic ill in the Emerson Lee Sanchez, Loretta English Lewis (CA) Sandlin ADMINISTRATION, AND RELATED country. Anyone truly concerned about Etheridge Lewis (GA) Saxton AGENCIES APPROPRIATIONS the middle class suffering from falling Everett Lewis (KY) Schiff Fattah Linder ACT, 2005 real wages, underemployment, a rising Schrock cost of living and a decreasing standard Feeney LoBiondo Scott (GA) Mr. LINDER, from the Committee on Ferguson Lofgren Scott (VA) of living should pay a lot more atten- Flake Lowey Rules, submitted a privileged report Sensenbrenner tion to monetary policy. Federal Foley Lucas (KY) (Rept. No. 108–591) on the resolution (H. Serrano Forbes Lucas (OK) spending, deficits and Federal Reserve Sessions Res. 710) providing for consideration of Fossella Majette Shadegg the bill (H.R. 4766) making appropria- mischief hurts the poor while transfer- Franks (AZ) Manzullo Shaw ring wealth to the already rich. This is Frelinghuysen Marshall tions for Agriculture, Rural Develop- Shays Frost Matheson ment, Food and Drug Administration, a real problem, and raising taxes on Sherman Gallegly McCarthy (NY) those who produce wealth only make Sherwood and Related Agencies for the fiscal Garrett (NJ) McCollum Shimkus conditions worse. Gerlach McCotter year ending September 30, 2005, and for Shuster This neglect of monetary policy may Gibbons McCrery other purposes, which was referred to Gilchrest McHugh Simmons be out of ignorance, but it may well be Simpson the House Calendar and ordered to be Gillmor McInnis printed. deliberate. Fully recognizing the harm Gingrey McIntyre Slaughter Smith (NJ) caused by printing money to cover Gonzalez McKeon f Goodlatte McNulty Smith (TX) budget deficits might create public Gordon Meek (FL) Souder REPORT ON RESOLUTION PRO- pressure to restrain spending, some- Granger Menendez Spratt thing the two parties do not want. Ex- Stearns VIDING FOR CONSIDERATION OF Graves Mica panding entitlements is now an accept- Green (TX) Michaud Sullivan H.R. 2828, WATER SUPPLY, RELI- Green (WI) Millender- Sweeney ABILITY, AND ENVIRONMENTAL ed prerogative of both parties. Foreign Greenwood McDonald Tancredo IMPROVEMENT ACT wars and nation building are accepted Gutknecht Miller (FL) Tanner Tauscher as the foreign policy of both parties. Hall Miller (MI) Mr. LINDER, from the Committee on The left hardly deserves credit when Harman Miller, Gary Taylor (NC) Rules, submitted a privileged report Terry complaining about Republican deficits. Harris Miller, George (Rept. No. 108–592) on the resolution (H. Hart Mollohan Thomas Likewise, we have been told by our Hastert Moore Thompson (CA) Res. 711) providing for consideration of Vice President that Ronald Reagan Hastings (WA) Moran (KS) Thompson (MS) the bill (H.R. 2828) to authorize the proved that deficits do not matter, a Hayes Moran (VA) Thornberry Secretary of the Interior to implement Hayworth Murphy Tiahrt tenet of supply-side economics. With Hefley Musgrave Tiberi water supply technology and infra- this the prevailing wisdom in Wash- Hensarling Myrick Toomey structure programs aimed at increas- Herger Napolitano Turner (TX) ington, no one should be surprised that ing and diversifying domestic water re- spending and deficits are skyrocketing. Herseth Nethercutt Udall (CO) sources, which was referred to the Hill Neugebauer Udall (NM) The vocal concerns expressed about Hinojosa Ney Upton House Calendar and ordered to be high deficits coming from the big Hobson Northup Van Hollen printed. Hoeffel Nunes Visclosky spenders on both sides are nothing Hoekstra Nussle Vitter f more than political grandstanding. If Holt Ortiz Walden (OR) Members feel so strongly about spend- Honda Osborne Walsh SPECIAL ORDERS Hooley (OR) Ose Weiner ing and deficits, Congress simply can Hostettler Otter Weldon (FL) The SPEAKER pro tempore (Ms. do what it ought to do: cut spending. Houghton Paul Weldon (PA) HARRIS). Under the Speaker’s an- That, however, is never seriously con- Hoyer Payne Wexler nounced policy of January 7, 2003, and sidered by either side. Hulshof Pearce Whitfield under a previous order of the House, Hyde Pence Wicker If those who say they want to in- Inslee Peterson (PA) Wilson (NM) the following Members will be recog- crease taxes to reduce the deficit got Israel Petri Wilson (SC) nized for 5 minutes each. their way, who would benefit? No one. Issa Pickering Wolf Istook Platts Woolsey f There is no historic evidence to show Jackson (IL) Pombo Wu that taxing productive Americans to Jefferson Pomeroy Young (AK) INFLATION HURTS MIDDLE CLASS support both the rich and poor welfare AND LOW-INCOME AMERICANS beneficiaries help the middle class, pro- NOT VOTING—46 The SPEAKER pro tempore. Under a duces jobs, or stimulates the economy. Ackerman Delahunt Hinchey previous order of the House, the gen- Borrowing money to cut the deficit is Baca Deutsch Holden Baird Dooley (CA) Hunter tleman from Texas (Mr. PAUL) is recog- only marginally better than raising Bell Doyle Isakson nized for 5 minutes. taxes. It may delay the pain for a Bishop (GA) Eshoo LaHood Mr. PAUL. Madam Speaker, all gov- while, but the cost of government even- Blumenauer Gephardt Larsen (WA) ernment spending represents a tax. The tually must be paid. Federal borrowing Carson (IN) Goode Meeks (NY) Clyburn Goss Murtha inflation tax, while largely ignored, means the cost of interest is added, Collins Hastings (FL) Norwood hurts middle-class and low-income shifting the burden to a different group

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.058 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5385 than those who benefited, and possibly The Fed’s great power over the money sup- of speech, our freedom to vote and as- even to another generation. Eventually ply, interest rates, the business cycle, unem- semble and disagree with each other.’’ borrowing is always paid for through ployment, and inflation is wielded with essen- The moral clarity the President ex- taxation. All spending ultimately must tially no Congressional oversight or under- pressed nearly 3 years ago has been be a tax, even when direct taxes and di- standing. The process of inflating our currency clouded by the administration’s ambi- rect borrowing are avoided. to pay for government debt indeed imposes a guity over whether the rule of law ap- The third option is for the Federal tax without legislative authority. plied to the prosecution of the war on Reserve to create credit to pay the This is no small matter. In just the first 24 terrorism or in Iraq. The abuse at Abu bills Congress runs up. Nobody objects, weeks of this year the M3 money supply in- Ghraib and the unreviewable and po- and most Members hope that deficits creased $428 billion, and $700 billion in the tentially unlimited detention of Amer- do not really matter if the Fed accom- past year. M3 currently is rising at a rate of icans and others as enemy combatants modates Congress by creating more 10.5 percent. In the last 7 years the money are incompatible with a Nation born in money. Besides, interest payments to supply has increased 80 percent as M3 has a struggle against tyranny and caprice. the Fed are lower than they would be if soared $4.1 trillion. This bizarre system of Last week, three courts in three funds were borrowed from the public, paper money worldwide has allowed serious countries reminded us of what is at and payments can be delayed indefi- international imbalances to develop. We own stake in the war on terrorism and in nitely merely by creating more credit just four Asian countries $1.5 trillion as a con- our efforts to rebuild Iraq. out of thin air to buy U.S. treasuries. sequence of a chronic and staggering current In Iraq, Saddam Hussein and the sur- No need to soak the rich; a good deal it account deficit now exceeding 5 percent of our viving leaders of his government were seems for everyone. But is it? arraigned for their crimes against the Paying for government spending with GDP. This current account deficit means Americans must borrow $1.6 billion per day Iraqi people and for crimes against hu- Federal Reserve credit instead of tax- manity. The sight of the former dic- ing or borrowing from the public is from overseas just to finance this deficit. This tator and his henchmen in a court of anything but a good deal for everyone. imbalance, which until now has permitted us law was a glimmer of hope that chaos In fact, it is the most sinister, seduc- to live beyond our means, eventually will give and bloodshed will one day give way to tive ‘‘tax’’ of them all. Initially it is us higher consumer prices, a lower standard a better life for Iraq’s people. unfair to some, but dangerous to every- of living, higher interest rates, and renewed in- Here in the United States, the Su- one in the end. It is especially harmful flation. preme Court circumscribed the Presi- to the middle class, including lower-in- Rest assured the middle class will suffer dent’s power over its own citizens and come working people who are thought disproportionately from this process. others when it ordered that Americans not to be paying taxes. The moral of the story is that spending is al- The ‘‘tax’’ is paid when prices rise as ways a tax. The inflation tax, though hidden, and foreigners held as enemy combat- a result of a depreciating dollar. Savers only makes things worse. Taxing, borrowing ants had a right to contest their deten- and those living on fixed income are and inflating to satisfy wealth transfers from tion before a neutral arbiter. Express- hardest hit as the cost of living rises. the middle class to the rich in an effort to pay ing confidence that courts would be Low-and middle-income families suffer for profligate government spending, can never able to balance individual rights and the most as they struggle to make ends make a nation wealthier. But it certainly can national security, Justice O’Connor meet while wealth is literally trans- make it poorer. wrote ‘‘that a state of war is not a ferred from the middle class to the f blank check for the President.’’ Perhaps the most extraordinary as- wealthy. Government officials stick to REMEMBERING WHY WE FIGHT their claim that no significant infla- sertion of principle was made in Jeru- tion exists, even as certain necessary The SPEAKER pro tempore (Ms. salem by the Israeli Supreme Court, costs are skyrocketing and incomes are HARRIS). Under a previous order of the which ordered the government to re- stagnating. The transfer of wealth House, the gentleman from California route part of the security fence it is comes as savers and fixed income fami- (Mr. SCHIFF) is recognized for 5 min- building to prevent Palestinian suicide lies lose purchasing power, large banks utes. bombers from infiltrating into Israel. benefit, and corporations receive plush Mr. SCHIFF. Madam Speaker, in the In reaching their decision, the Israeli contracts from the government, as in early days of World War II, the govern- justices conceded that from a military the case of military contractors. These ment commissioned director Frank point of view, the alteration might not companies use the newly printed Capra to make a series of films that make protection against terrorism money before it circulates while the would explain the nature of the war to easier. ‘‘This is the destiny of a democ- middle class and the poor are forced to a hastily mobilized Nation. racy,’’ the court said. ‘‘She does not accept it at face value later on. This Over the course of the next 3 years, see all means acceptable, and the ways becomes a huge hidden tax on the mid- Capra produced a remarkable series of of her enemies are not always open be- dle class, many of whom never object films collectively known as ‘‘Why We fore her.’’ to government spending in hopes that Fight.’’ These films were instrumental The ways of our enemies are not open the political promises will be fulfilled in elevating the war from a fight for to us. We do not behead our adversaries and they will receive some of the land and resources to a struggle be- on camera for their families to witness goodies. But surprise, it does not hap- tween the ‘‘free world’’ of the Allies in all its gruesome barbarity. Nonethe- pen. The result instead is higher prices and the ‘‘slave world’’ of Nazi Germany less, facing greater foes than we face for prescription drugs, energy and and Imperial Japan. now, we have prevailed and we will pre- other necessities. The freebies never As a Nation rooted in an ideology vail again. At root, the rule of law is come. rather than ethnic or geographical the source of our strength in war as it The Fed is responsible for inflation identity, the United States has always is in peace, and the assertion of the by creating money out of thin air. It looked at its wars as ideological con- rule of law by courts in Iraq, Israel and does so either to monetize Federal debt flicts between freedom and tyranny. here at home is a moving reminder of or in the process of economic planning Our national reluctance to go to war why we fight and also how we must through interest rate manipulation. has shaped the prerequisite that when fight to win the America we cherish. This Fed intervention in our country, we fight, we do so for a high moral pur- f although rarely even acknowledged by pose that honors our principles and Congress, is more destructive than values. RELIGIOUS FREEDOM Members can imagine. When he addressed the Congress, the The SPEAKER pro tempore. Under a Not only is the Fed directly responsible for Nation and the world in the wake of previous order of the House, the gen- inflation and economic downturns, it causes the September 11 attacks, President tleman from North Carolina (Mr. artificially low interest rates that serve the in- Bush laid out the challenge posed by JONES) is recognized for 5 minutes. terests of big borrowers, speculators and terrorism. Al Qaeda and radical Mr. JONES of North Carolina. banks. This unfairly steals income from frugal Islamists, the President declared, at- Madam Speaker, I was, like everybody retirees who chose to save and place their tacked us because ‘‘they hate our free- else in the Congress, home during July funds in interest bearing instruments like CDs. doms, our freedom of religion, freedom 4 and enjoyed being back in my district

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.145 H08PT1 H5386 CONGRESSIONAL RECORD — HOUSE July 8, 2004 and meeting the people and listening to Regarding code words, this is what it Class Samuel Bowen. Private Bowen the people. I could not help but think says. The concern by the Internal Rev- was killed in action yesterday in Iraq. that July 4 has different meanings for enue Service is that 501(c)(3) organiza- He was a member of the 112th Engineer all of us: Freedom, independence. We tions may support or oppose a par- Battalion of Brookpark. Private Bowen think about what July 4 means and has ticular candidate in a political cam- was a resident of the city of Cleveland, meant to the history of our Nation. paign without specifically naming the a husband, and a father of three chil- I went back and found an article candidate by using code words to sub- dren. written in 1995 that was in the Boston stitute for the candidate’s name in its Just last month Private Bowen saved Globe by Jeff Jacoby, and he had in the message, such as conservative, liberal, the life of a fellow soldier during a article about the Founders of this prolife, prochoice, antichoice, Repub- rocket attack in Baghdad. I would like great Nation, the writers of the Con- lican, Democrat, et cetera. When this to read a portion of an article from to- stitution. I do not know if this is a occurs, it is quite evident what is hap- day’s Cleveland Plain Dealer that in- quote from one of the leaders of that pening, and an intervention is taking cludes a quote from the soldier whose period of time or from Mr. Jacoby, but place. life Private Bowen saved. I want to share it: ‘‘Religion can sur- What a sad commentary on the It reads: ‘‘I cannot believe he was vive in the absence of freedom, but greatness of this Nation. From the be- under attack twice in 3 weeks,’’ said freedom without religion becomes dan- ginning of America until 1954, there Ron Eaton, who was rescued by gerous and unstable.’’ was never any restriction of speech on Bowen’s heroism June 16 north of In addition, I would also like to share our churches, synagogues and mosques Baghdad. a quote by Alexis de Tocqueville. Alex- in this country, never until the John- Another quote: ‘‘I just wish that I is de Tocqueville was a French philoso- son amendment that went through the would have been there for him like he pher and historian who traveled to Senate on a revenue bill, never de- was there for me.’’ America in the 1830s, and he was so im- bated. Now ministers, priests and rab- ‘‘He took care of me before he took pressed with this great Nation. He bis have the Federal Government care of himself, Eaton said. And he wrote, ‘‘In the end, the state of the through the Internal Revenue Service said, ‘‘As soon as I got out of surgery, Union comes down to the character of looking in on what they have to say he called me. He told me that he need- the people. I sought for the greatness when they are before their congrega- ed to talk with me because I was his and genius of America in her commo- battle buddy, and he needed to hear my dious harbors, ample rivers, and it was tion. Madam Speaker, I think that is a sad voice. I can’t believe how hard this is.’’ not there. I sought for it in the fertile Private Bowen is the third soldier fields, and boundless prairies, and it commentary on America. I think it is a sad commentary on those who have lost to the war in Iraq from my con- was not there. I sought it in her rich gressional district. It has been over a mines, and vast world commerce, and worn the uniform for this Nation and fought for freedom for the American year since we declared major combat it was not there. Not until I went into operations over in Iraq, yet our young the churches of America and heard her people. If this was 1953, I would not be before this House because there would people continue to die in this conflict. pulpits aflame with righteousness did I My heart aches for all of the families understand the secret of her genius and be no problem, there would be no re- who have lost loved ones during this power.’’ striction of speech. The first amend- war. Madam Speaker, I share that because ment right would be protected for I have been a vocal opponent of the our churches and synagogues in Amer- those who speak on behalf of their war in Iraq, as many of my colleagues ica are under attack. A lot of people Lord. are aware. I have also been vocal in my would be surprised with me saying Madam Speaker, I close by saying support of the military troops over in that, but recently the bishop of Colo- that I hope that those of us in Congress rado Springs, Bishop Sheridan, a on both sides of the aisle will do our the Middle East and across the world Catholic bishop, wrote a three-page part to make sure that the first amend- as well. I pause today in remembrance of this pastoral letter to every Catholic in his ment right applies to those who are brave young man, Private Samuel district. He did not say anything about spiritual leaders of America and pro- Bowen, who gave his life for our coun- Bush or KERRY, he did not say any- tect their rights for which men and thing about Republican or Democrat, women have worn the uniform or are try. May the Lord bless and keep his but being a Catholic, the Catholic wearing the uniform. family during this trying time. I would ask that my colleagues join Church stands for protecting the un- Madam Speaker, I ask God to please born. It is opposed to stem cell re- bless our men and women in uniform me in a moment of silence for Private search and euthanasia. He said nothing and their families. I close by asking First Class Samuel Bowen. I do not pretend to be a great student about a party, nothing about a can- God to please bless America. of the Bible, yet my Sunday school les- didate. f But because he used the word ‘‘pro- sons remain cemented in my head. All life,’’ Barry Lynn of the Americans for b 1815 of those lessons talked about the importance of prayer, and some of them Separation of Church and State filed a ORDER OF BUSINESS complaint because this bishop is fol- discussed how to pray; that a prayer lowing the teachings of his church and Mrs. JONES of Ohio. Madam Speak- can be general and that a prayer can be his belief in Christ. And yet a com- er, I ask unanimous consent to take specific. My specific prayer is focused plaint was filed that would challenge my Special Order at this time. on all of the servicemen and women the 501(c)(3) status of that diocese. The SPEAKER pro tempore (Mrs. still serving in Iraq. I pray for their It is a sad day in America when we MILLER of Michigan). Is there objection safe return and that the family of each have men and women overseas fighting to the request of the gentlewoman young military men and women be for freedom for the Iraqis and the from Ohio? comforted by their faith in God, a American people, and yet the reason There was no objection. mighty God who will never let us down. why Mr. Lynn filed a complaint was be- f There is a passage in the Bible that cause of code words. reads: ‘‘Put on the whole armor of God, I have introduced a bill, H.R. 235, IN HONOR OF PRIVATE FIRST that you may be able to stand against that would eliminate the Johnson CLASS SAMUEL BOWEN the wiles of the devil. For we are not amendment that has put the restric- The SPEAKER pro tempore. Under a contending against flesh and blood, but tions on our churches, synagogues and previous order of the House, the gentle- against the principalities, against the mosques. But in addition to the John- woman from Ohio (Mrs. JONES) is rec- powers, against the world rulers of this son law, in the early 1990s the IRS de- ognized for 5 minutes. present darkness, against the spiritual cided to expand the definition of the Mrs. JONES of Ohio. Madam Speak- hosts of wickedness in the heavenly Johnson law, so now they have code er, I rise today in honor of one of my places. Therefore take the whole armor words, and I will submit those later for constituents who gave the ultimate of God that you may be able to with- the RECORD. sacrifice for this country, Private First stand in the evil day, and having done

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.147 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5387 all, to stand. Stand therefore, having war, not as an afterthought when our tleman from Oregon (Mr. DEFAZIO) is girded your loins with truth, and hav- troops were stationed halfway across recognized for 5 minutes. ing put on the breastplate of righteous- the world. Mr. DEFAZIO. Madam Speaker, just ness, and having shod your feet with I ask my colleagues again who should before the July 4 recess, the Democrats the equipment of the gospel of peace; be held accountable for this mess? on our side of the aisle attempted to besides all these, taking the shield of Should it be Secretary of Defense Don- offer an amendment to force the Fed- faith, with which you can quench all ald Rumsfeld, whom President Bush eral Energy Regulatory Commission, the flaming darts of the evil one.’’ claimed was doing a ‘‘superb job,’’ and chaired by Pat Wood of Texas, ap- f whom Vice President CHENEY, in an ab- pointed by George Bush of Texas, from continuing to conceal documents re- The SPEAKER pro tempore. Under a surd statement, called the best Sec- garding Enron of Texas and the scandal previous order of the House, the gen- retary of Defense in our Nation’s history? If Rumsfeld is doing a superb job, and the fraud of which Enron has per- tleman from Ohio (Mr. BROWN) is rec- petrated upon the people of the West- ognized for 5 minutes. if he is the best Defense Secretary in ern United States, costing us tens of (Mr. BROWN of Ohio addressed the history, then I really want to know billions of dollars, a huge runup in our House. His remarks will appear here- who is the worst and what is a bad job. electricity costs, something that is after in the Extensions of Remarks.) Rumsfeld’s consistent failure to adequately plan for the war in Iraq and continuing to hurt the economy of Or- f the postwar phase, during which the egon, Washington, and California. All SMART SECURITY AND lives of far more American soldiers the businesses depended upon energy, ACCOUNTABILITY have been lost than during the war small businesses and residential con- itself, Donald Rumsfeld should resign sumers. The SPEAKER pro tempore. Under a his post with the best interests of the The Republicans would not allow previous order of the House, the gentle- Nation in mind. that amendment to be debated on the woman from California (Ms. WOOLSEY) But we must also take heed of the floor of the House because of its kind of is recognized for 5 minutes. quote made famous by President Harry embarrassing links between Enron and Ms. WOOLSEY. Madam Speaker, the S. Truman: ‘‘The buck stops here.’’ the Bush administration and the fraud administration’s war in Iraq has failed. President Bush would be well served to that was perpetrated on the Western It has failed to make the world a safer embrace this policy, a policy that United States. place. In fact, I fear that we are actu- served President Truman and our Na- Ken Lay, as the chief executive of ally less safe from terrorism than we tion well during an earlier wartime. Enron, was the mastermind of this were. The world has actually been Secretary Rumsfeld must not be used fraud. He bilked billions of dollars from made less safe and more susceptible to as a scapegoat for the President’s fail- millions of people for his own personal acts of terror. ures. profit and that of his executives, and Who should be held accountable for I have introduced legislation to cre- he was finally today brought to justice. this mess? The war is not going too ate a SMART security platform for the We finally saw him in handcuffs on tel- well. Nearly 900 brave American sol- 21st century, H. Con. Res. 392. SMART evision, and hopefully he will have a diers have already lost their lives as a stands for Sensible, Multilateral Amer- long stay in jail, and hopefully he will result of this deadly conflict, not to ican Response to Terrorism. Three also have to work during that stay and mention the thousands of innocent wonderful organizations, Physicians not just get free room and board, be- Iraqi civilians that have been killed. for Social Responsibility, Friends Com- cause he has already extracted enough Worse, as many as 25,000 American mittee on National Legislation, and cost from hard-working Americans. troops have been evacuated from Iraq Women’s Action for New Directions, When we asked for a meeting with for medical reasons, 25,000. That is one- helped in writing this legislation. Vice President CHENEY during the huge sixth of the number of troops currently SMART treats war as an absolute runup in prices in the Western United stationed in Iraq. last resort. It fights terrorism with States, we got together; he got to- This speaks to a systematic failure of stronger intelligence and multilateral gether with the Northwest delegation. leadership, and, sadly, examples of this partnerships. It controls the spread of And he, in response to concerns I failure are widespread and easily re- weapons of mass destruction with a re- raised, said that I was really stupid, called: the failure to secure Iraq’s bor- newed commitment to nonprolifera- and I just did not understand that this ders, the failure to prevent postwar tion. And it aggressively invests in the had nothing to do with fraud, abuse, or looting, and the failure to provide the development of impoverished nations market manipulation. This was all security necessary for reconstruction. with an emphasis on women’s health about market forces. I just did not un- In fact, the abuse of POWs at the Abu and women’s education. derstand markets and that Enron was a Ghraib prison is yet another example The Bush doctrine of unilateralism leader in markets, and I just did not of failed leadership by the Bush admin- has been tried, and it has failed. It is understand markets, and unless we istration. And it is also an example of time for a new national security strat- build one 500-megawatt plant every failed leadership in planning for the egy based on our commitment to peace, week for the next 15 years, and this is war and postwar reconstruction in our commitment to freedom, our com- Vice President CHENEY, the $4,000 Iraq. passion for the people of the world, and megawatt prices, about 100 times nor- But the most shameful aspect of our our capacity for multilateral leader- mal, would continue forever. involvement in Iraq, our greatest fail- ship. Let us be smart about our future. Of course, then we appealed to the ure of all, is our failure to provide ade- SMART security, H. Res. 392, is tough, Federal Energy Regulatory Commis- quately for our soldiers when it comes is pragmatic, is patriotic, and it will sion, seeing that the Vice President’s to equipment, the guidance, and the keep America safe. mind was slightly closed on the mat- leadership they need to ensure their ter. And the Federal Energy Regu- survival in Iraq and the success that f latory Commission, chaired by Pat they need to complete their stay in The SPEAKER pro tempore. Under a Wood of Texas, with a couple of other that country. previous order of the House, the gen- appointees chosen by Ken Lay of We failed to immediately provide our tleman from Indiana (Mr. PENCE) is Texas, of Enron, refused to look into it. soldiers with the essential tools for recognized for 5 minutes. Finally, after additional pressure was their survival, body armor capable of (Mr. PENCE addressed the House. His raised, they said they would look into stopping bullets, armor for tanks that remarks will appear hereafter in the it. Then they said, no, it is just market would help prevent the destruction of Extensions of Remarks.) forces. There is no market manipula- U.S. military convoys, and the nec- f tion. essary water equipment to keep them Then a strange thing happened. The hydrated in the desert heat. This issue ENRON Senate changed hands. When the Sen- is one that should have been accounted The SPEAKER pro tempore. Under a ator from Vermont changed to Inde- for during the planning phases of the previous order of the House, the gen- pendent, and the Democrats took over

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.148 H08PT1 H5388 CONGRESSIONAL RECORD — HOUSE July 8, 2004 the Senate, and DIANE FEINSTEIN from The SPEAKER pro tempore. Under a PTSD is as powerful as an artillery California threatened to hold hearings previous order of the House, the gen- shell. Without help, PTSD can tear too on what was going on in the Western tleman from New Jersey (Mr. PALLONE) many brave military men and women energy market, suddenly the Federal is recognized for 5 minutes. to shreds psychologically. I know. I Energy Regulatory Commission re- (Mr. PALLONE addressed the House. was a Navy doctor and psychiatrist viewed its records and found, lo and be- His remarks will appear hereafter in who treated soldiers returning from hold, there was a scandal. the Extensions of Remarks.) Vietnam with the post-traumatic ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f stress disorder. Gut-wrenching is the only polite way to describe the anguish The SPEAKER pro tempore. The gen- ORDER OF BUSINESS tleman will refrain from referencing and suffering these soldiers experi- individual Senators. Mr. MCDERMOTT. Madam Speaker, I enced. Many of them still struggle ask unanimous consent to speak out of Mr. DEFAZIO. Madam Speaker, cer- against the demons of this disease. tainly. I would not want to mention order. As a doctor, you can do everything any individual Senators. The SPEAKER pro tempore. Is there you can to help. All too often it is not So the Federal Energy Regulatory objection to the request of the gen- enough, and all too often the only Commission then suddenly said, oh, no, tleman from Washington? thing you can do is comfort the af- there is something wrong here. It is a There was no objection. flicted. You realize just how inad- little bit weird that prices are up to 100 f equate modern medicine is. Some wonder why I strongly oppose times normal. And they reimposed the WAR WITHOUT END the President’s war of choice. Because price caps, which we had during the The SPEAKER pro tempore. Under a Clinton administration. I have seen the casualties. I have seen previous order of the House, the gen- the pain inside the mind that no ban- Now we have the tapes of the Enron tleman from Washington (Mr. Corporation, and Ken Lay says he did dage can cover. I have treated the MCDERMOTT) is recognized for 5 min- wounded, only to know in the dead of nothing wrong. The tapes are incred- utes. ible. The marketers talk about shut- night just how little I and every doctor Mr. MCDERMOTT. Madam Speaker, ting off plants to drive up prices. They could do. We wanted to end the suf- another four soldiers died today in fering. Who would not? We wanted to talk about gouging Grandma Milly. Iraq. Families mourn the loss of loved They talk about getting rid of the Clin- heal their wounds. Who would not? ones. Our Nation mourns the loss of Years later, long after the Vietnam ton administration, price caps are brave soldiers. Over 900 Americans gone, and Ken Lay is going to run War, years later after the media moved have died in Iraq so far. As many as 10 on to other issues, PTSD was still things in this country, and, by God, times that number have been injured. they are going to make a lot of money. there haunting soldiers’ minds. I saw it Americans spent $150 billion, and we when I was a doctor working and treat- And they did for a while at tremendous know tens of billions dollars more will pain and cost to the Western United ing prisoners in the King County jail. be spent this year. If only one soldier They include former soldiers who got States, all while the Bush administra- had died, the number would be too tion looked the other way. into trouble because they struggled high, but the casualties and the grief keeping their emotions under control. Pat Wood of Texas is still in charge are much worse. of the Federal Energy Regulatory Com- They struggled with PTSD. People who The truth is we have not even begun had served their country with no prior mission. The Bush administration is to see the casualties of the Iraq war. continuing to push for more deregula- history of mental illness suddenly The truth is that thousands of soldiers found themselves on the wrong side of tion. They think the only thing that will face a lifetime of injury from the Enron did wrong and the only thing the law. Were they felons or fallen he- war. The truth is we will have not even roes in need of help? I know what I wrong with deregulation is that Enron begun to count the casualties that will got caught, because they were having a think. come from post-traumatic stress dis- PTSD preys on the peace and happi- wonderful time making a bunch of order. ness every American deserves, espe- money. The magnitude of the coming casual- cially those who were drafted to fight Now it comes that Ken Lay of Texas ties among returning U.S. soldiers is in a war which this country came to is the largest single, individual, life- staggering. The prestigious New Eng- loathe. After Vietnam, soldiers did not time contributor to George Bush of land Journal of Medicine in its most even have the thanks of a grateful Na- Texas, the President of the United recent issue, which I will enter into the tion. We blamed them for the govern- States, and he has contributed over his RECORD, gives a glimpse into the comment’s arrogance. It took decades be- life $139,500 to President Bush. His ing medical crisis facing our soldiers, fore the wounds of the Nation began to company contributed $625,000 to Presi- families, and the Nation. The journal is heal. Thousands of names on a wall dent Bush. known for credibility, thoughtful and made us realize how much we had lost, I would call upon the President to re- factual reporting and analysis. The how little we had gained, and how turn these ill-gotten gains, the money journal conservatively estimates that wrong it all was. that Ken Lay stole from Grandma one in five soldiers will be afflicted At least today America honors our Milly and others in the Western United with PTSD. In many cases, the symp- soldiers, even as the opposition to the States, and to show that he under- toms will not even surface for a year or President’s war grows. And it should. stands and has compassion. He could more. The casualties from the Presi- We are just beginning to realize the contribute the money to low-income dent’s war of choice will affect tens of consequences of the President’s war of energy funds in the Western United thousands of soldiers. There are 160,000 choice. America has about 10,000 sol- States to help Grandma Milly, who was soldiers in Iraq today. Using the jour- diers already dead or wounded. We face taken to the cleaners by Ken Lay of nal’s conservative estimate, 30,000 U.S. another 30,000 casualties. The wounds Texas, of Enron, Mr. Bush’s best friend, soldiers will become post-traumatic have already been inflicted. They are ‘‘Ken Boy’’ Lay. stress disorder casualties in this war. just not visible yet. f Most do not even know that they are And they wonder why I strongly op- sick yet. Most do not exhibit any pose the President’s war of choice. The b 1830 symptoms outwardly and will not for administration keeps inventing new The SPEAKER pro tempore (Mrs. months or years. Tragically, when reasons why we had to invade Iraq. MILLER of Michigan). Under a previous symptoms do appear, many soldiers They cannot even explain why 10,000 order of the House, the gentleman from will not ask for help. have already suffered or why 30,000 New Mexico (Mr. PEARCE) is recognized Call it the tough-guy stigma. Sol- more will. for 5 minutes. diers are trained to be fearless no mat- This is not about my opposition to (Mr. PEARCE addressed the House. ter what the danger. Too many con- the war, though. This is about pre- His remarks will appear hereafter in sider it a sign of weakness to need help. paring to help the men and women the Extensions of Remarks.) They will try to suffer in silence, but coming home from war. This is about

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.152 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5389 honoring our soldiers by facing the cent among men and 8 percent among A recent reanalysis of the data from the truth about the coming wave of casual- women. The lifetime prevalence of PTSD was National Vietnam Veterans Readjustment ties here at home from PTSD. This is higher—30 percent among male veterans and Study and the Hawaii Vietnam Veterans 25 percent among female veterans. Project suggest that after the development about a call to action in every city and A retrospective cohort study of veterans of town across America and in every of PTSD, the risk factors for persistent the Gulf War that was conducted between PTSD are ‘‘primarily associated with vari- home and every workplace. We must 1995 and 1997 showed a prevalence rate of 10.1 ables relating to the current time frame: help them. percent for PTSD among those who had ex- current emotional sustenance, current struc- perienced combat duty, in contrast to a prev- This is about a call to action in every city tural social support, and recent life events.’’ alence rate of 4.2 percent in a matched co- and town across America, in every home, in This information is clearly useful for mental hort of Gulf War-era veterans who had not every workplace, PTSD is as real, as painful, seen combat. The adjusted odds ratio for health policy and planning, because it raises as devastating as any shrapnel wound. If the PTSD for those who had been in combat was the hopeful possibility that PTSD may be re- effects could be seen like a bullet wound, we’d 3.1; this is similar to the odds ratios in the versible if patients can be helped to cope race the patient to the hospital for immediate present study of 2.84 for soldiers and 2.66 for with stresses in their current life. care. Marines after deployment to active duty, as There are obviously important distinctions But PTSD doesn’t work that way. It’s silent. compared with soldiers before deployment. between the period after the Vietnam War It’s almost invisible. It’s a war raging inside a In a longitudinal study of New England and the present. Americans no longer con- veterans of the Gulf War, the prevalence of fuse war with the warrior, those returning person and we have to help. We can help by PTSD more than doubled between the initial from Iraq or Afghanistan enjoy nation sup- debunking the tough guy stigma. We can help assessment performed immediately after port, despite sharp political disagreement by talking, listening and watching for signs of their return to Fort Devens, Massachusetts, about the war itself. In addition, the field of and the follow-up assessment performed two stress as our loved ones come home. We study of PTSD has matured to the point must help by demanding that the Veteran’s years later. The rates increased from 3 percent to 8 percent among male veterans and where effective evidence-based treatment Administration receives the funding to treat our and practice guidelines are available for use returning soldiers. It’s not a one-year supple- from 7 percent to 16 percent among female veterans. Higher levels of symptoms have by the Departments of Defense and Veterans ment. been reported among members of the Na- Affairs and by civilian mental health practi- It is the recognition of the long-term con- tional Guard and the Reserves than among tioners. Cognitive—behavioral therapies sequences of the Iraq War. It is the commit- active-duty personnel. have been successful in the treatment of ment to treat our soldiers afflicted with PTSD Finally, a retrospective survey of Amer- PTSD, and two selective serotonin-reuptake with the best possible care for as long as nec- ican male and female soldiers deployed to inhibitors have been approved by the Food essary—and it will be years for many. Somalia between 1992 and 1994 showed an es- and Drug Administration. Practitioners in Every night the evening news graphically timated prevalence of PTSD of approxi- the Departments of Defense and Veterans Af- mately 8 percent, with no difference accord- fairs are sophisticated and strongly moti- shows us the latest casualties and con- ing to sex. When the focus of this mission vated to continue to improve their skills in sequences of this war. It’s awful. It didn’t have shifted from a United Nations’ humanitarian treating PTSD. Collaboration between men- to happen. And the overwhelming number of peacekeeping operation to a more tradi- tal health professionals in the Department of casualties are ahead of us, not mission ac- tional military deployment to subdue to So- Defense and those in the Department of Vet- complished. Before it is over, Iraq’s casualties mali warlords, there was greater exposure to erans Affairs is at an all-time high. For ex- will top 40,000 U.S. soldiers. For what? Noth- traumatic situations and a higher prevalence ample, the Veterans Affairs National Center of PTSD among the American troops. for PTSD and the Defense Department’s Wal- ing at all. It is unclear at this time whether the prev- ter Reed Army Medical Center collaborated [From The New England Journal of alence of PTSD among those returning from to develop the Iraq War Clinician Guide Medicine, July 1, 2004] Operation Iraqi Freedom or Operation En- (available at www.ncptsd.org/topics/ ACKNOWLEDGING THE PSYCHIATRIC COST OF during Freedom will increase or decrease. On war.html) and to conduct a multisite, ran- WAR the one hand, it is encouraging that the De- domized trial of cognitive—behavioral ther- (By Matthew J. Friedman, M.D., Ph.D.) partment of Defense has been active in providing mental health care in the war zone apy for PTSD among female veterans and fe- The date presented by Hoge and associates and psychiatric resources in the United male active-duty personnel. in this issue of the Journal about members States and has demonstrated a commitment of the Army and the Marine Corps returning In the best-case scenario, active-duty, Re- to monitor psychiatric disorders, as reflected from Operation Iraqi Freedom or Operation serve, and National Guard personnel as well by the present report. Furthermore, the find- Enduring Freedom in Afghanistan force us to as veterans of Operation Iraqi Freedom or ings of the National Vietnam Veterans Read- acknowledge the psychiatric cost of sending Operation Enduring Freedom with symptoms justment Study suggest that considerable re- young men and women to war. It is possible of PTSD will take advantage of the many covery for PTSD among veterans is possible, that these early findings underestimate the mental health services available through the as shown by the difference between the life- eventual magnitude of this clinical problem. Departments of Defense and Veterans Af- time and the current prevalence of this dis- The report is unprecedented in several re- fairs. Educational initiatives will be imple- order. mented to help veterans and active-duty per- spects. First, this is the first time there has On the other hand, the National Vietnam sonnel recognize that the loss of social sup- been such an early assessment of the preva- Veterans Readjustment Study cannot tell us port or the effect of recent adverse life lence of war-related psychiatric disorders re- whether the onse of PTSD occurred while ported while the fighting continues. Second, Vietnam veterans were still in uniform or at events may precipitate a return of the symp- there are predeployement data, albeit cross- some time later, during the 10 to 20 years be- toms of PTSD. Veterans and active-duty per- sectional, against which to evaluate the psy- tween their exposure to war and the survey sonnel will also be encouraged to monitor chiatric problems that develop after deploy- for the study. Indeed, there is reason for con- their psychological health and to seek treatment. Third, the authors report important cern that the reported prevalence of PTSD of ment if and when it becomes necessary. data showing that the perception of stig- 15.6 to 17.1 percent among those returning Alas, there is also a worst-case scenario matization has the power to deter active- from Operation Iraqi Freedom or Operation that demands immediate attention. Hoge duty personnel from seeking mental health Enduring Freedom will increase in coming and associates report that concern about care even when they recognize the severity years, for two reasons. First, on the basis of possible stigmatizaion was disproportion- of their psychiatric problems. These findings the findings of the Fort Devens study, the ately greatest among the soldiers and Ma- raise a number of questions for policy and prevalence of PTSD may increase consider- rines most in need of mental health care. practice. I focus here on post-traumatic ably during the two years after veterans re- Owing to such concern, those returning from stress disorder (PTSD), because there is bet- turn from combat duty. Second, on the basis Operation Iraqi Freedom or Operation En- ter information about this disorder than of studies of military personnel who served during Freedom who reported the greatest about others and because PTSD was the big- in Somalia, it is possible that psychiatric number of the most severe symptoms were gest problem noted in the responses to an disorders will increase now that the conduct the least likely to seek treatment for fear anonymous survey among those returning of war has shifted from a campaign for lib- that it could harm their careers, cause dif- from active duty in Iraq or Afghanistan. eration to an ongoing armed conflict with ficulties with their peers and with unit lead- The rigorous evaluation of war-related psy- dissident combatants. In short, the esti- ership, and become an embarrassment in chiatric disorders is relatively new, having mates of PTSD report by Hoge and associ- that they would be seen as weak. begun with the National Vietnam Veterans ates may be conservative not only because of Readjustment Study. This national epi- the methods used in their study but also be- These findings are consistent with those in demiologic survey of male and female vet- cause it may simply be too early to assess an earlier report that showed low use of erans of Vietnam was conducted in the mid- the eventual magnitude of the mental health mental health services among Navy and Ma- 1980s. The veterans were therefore assessed problems related to deployment to Operation rine Corps personnel. In contrast to a rate of 10 to 20 years after their service in Vietnam. Iraqi Freedom or Operation Enduring Free- 28.5 percent among male civilians with a psy- The prevalence of current PTSD was 15 per- dom. chiatric disorder who sought

VerDate May 21 2004 05:59 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.155 H08PT1 H5390 CONGRESSIONAL RECORD — HOUSE July 8, 2004 treatment, only 19 percent of servicemen Social Security disability claim proc- older than himself, crouching, fright- with a psychiatric disorder sought treat- essed in enough time to actually re- ened in the thick jungle brush, won- ment, Furthermore, among military per- ceive any benefits before she passed dering if he will ever come home. He sonnel with PTSD, the rate of seeking treat- away. can picture this young man removing a ment was only 4.1 percent, which is substan- Her courage to bring this problem to tially lower than that for other psychiatric photograph wrapped in plastic from his disorders. This finding may indicate that my attention has encouraged me to pocket. It is a photograph of the young within the military culture, ‘‘succumbing’’ work with my colleagues and the So- man’s high school girlfriend, the same to PTSD is seen as a failure, a weakness, and cial Security Administration to ad- girl this man had decided he would ask as evidence of and innate deficiency of the dress this situation for all terminally to marry as soon as he came home right stuff. ill patients. Rachel’s determination to from the war. ‘Be mine forever,’ he Hoge and associates suggests that the per- help others who face the same situa- would have undoubtedly said as he ception of stigmatization can be reduced tion is commendable and inspiring. Ra- only by means of concerted outreach—that kissed her good-bye. ‘Was it their last is, by providing more mental health services chel’s friends remember her as some- good-bye,’ the boy wonders? ‘Was this in primary care clinics and confidential one who was full of life and always young man’s name engraved here on counseling through employee-assistance pro- made others laugh, despite her physical the wall somewhere?’ grams. The sticking point is skepticism handicap. among military personnel that the use of I am fortunate to have met Rachel ‘‘The boy walks on, gazing at panel mental health services can remain confiden- during her lifetime and have been able after panel, feeling sadness, but also an tial. Although the soldiers and Marines in to share in some of her triumphs and immense gratitude with the passing of the study by Hoge and colleagues were able tragedies. Her courage and determina- each and every name. He reads the to acknowledge PTSD-related problems in an tion should not, and will not, be forgot- names, trying to imagine what each anonymous survey, they apparently were ten. man might have looked like. He won- afraid to seek assistance for fear that scarlet ders how many children they might P could doom their careers. Madam Speaker, the second New Our acknowledgment of the psychiatric Hampshire resident I rise tonight to have had or whether or not they, like costs of war has promoted the establishment honor is Kyle Baker of Milton. Mr. the other young men he pictured, left a of better methods of detecting and treating Baker is the national winner in the sweetheart behind when they went to war-related psychiatric disorders. It is now 2004 Veterans of Foreign Wars’ Voice of fight for their country. So many time to take the next step and provide effec- Democracy Scholarship contest. This names. So many faceless reminders of tive treatment to distressed men and women, contest is held each year to give high the highest commitment one can ful- along with credible safeguards of confiden- fill. tiality. school students the opportunity to voice their opinion on their responsi- SOURCE INFORMATION ‘‘The boy keeps moving slowly, when bility to our country. The following is something at the foot of the wall From the National Center for PTSD, De- Mr. Baker’s essay: partment of Veterans Affairs, White River catches his eye. He bends down to look, Junction, Vt.; and the Departments of Psy- ‘‘It is a bright summer day, and a and there sits a small American flag, chiatry and Pharmacology and Toxicology, soft breeze gently whispers through the resting amongst a bouquet of flowers. Dartmouth Medical School, Hanover, N.H. maple leaves. A little boy is playing Tears well up inside of him for a mo- f alone in the driveway at his grand- ment, and the boy can think of only mother’s house. Above him the Amer- one thing that he can do to show his HONORING RACHEL GRANGER AND ican flag billows and waves, trying to KYLE BAKER appreciation for those lives reflected in remove itself from its anchor at the the marble. He places one hand on a The SPEAKER pro tempore. Under a top of the flagpole and drift down in panel, closes his eye, and whispers previous order of the House, the gen- front of him to make its presence ‘thank you.’ tleman from New Hampshire (Mr. known. The boy plays on, not realizing BRADLEY) is recognized for 5 minutes. what it took to keep that flag flying It is October 22, 2003, and that same little Mr. BRADLEY of New Hampshire. high. boy who used to play in the driveway at his Madam Speaker, I rise this evening to ‘‘A few years later, on the 11th of Grandma’s house underneath a billowing pay tribute to two New Hampshire resi- September, 2001, the same boy, now a American flag sits in a classroom, wondering dents. First, I pay tribute to a New bit older, stares at the television in how he can write about his commitment to Hampshire resident who recently shock and disbelief. He watches as the America’s future. He wonders whether or not passed away after fighting a long bat- towers collapse, ending so many lives he should promise to do great things with his tle against a tough and debilitating ill- and bringing anguish to so many fami- life, or whether or not he should tell the story ness. Rachel Granger died on Saturday, lies. The boy’s classmates sitting all of someone else who had. Yes. That little boy June 5, after a brave fight with Lou around him reflect in their eyes the is me. Gehrig’s disease, or ALS. ALS is a fatal desperation, sorrow and helplessness Upon preparing for this essay I realized that neurodegenerative disease that leaves the boy himself feels. He realizes at it would not do to recite the words of our its victims paralyzed, but still men- that moment how precious the free- country’s great leaders or prominent citizens, tally alert. doms are that he sometimes takes for regardless of how moving and profound those On average, a person who has been di- granted. He realizes what a privilege it words may be. I realized that this essay was agnosed with ALS will die within 2 to is to live in America, and that the fu- not about how much research I had done, or 5 years of diagnosis, and 50 percent of ture of his country is now changed for- how much I knew about the political structure patients die within 18 months. ALS is ever. He goes home that night won- of our nation. No. I realized that this time I truly one of the most debilitating dis- dering what he can do for his country needed to convey what I considered to be my eases to affect patients and their fami- at such a time of loss, what commit- commitment to America’s future, using my lies. ment can he possibly make to the fu- own words, and expressing my own feelings. In the last few months of her life, Ra- ture of America after such a tragedy: Well, here is what my commitment to Amer- chel was unable to speak and to enjoy ‘‘Now it is July of 2003, and the boy ica’s future is. My commitment to America’s many of the activities she once loved, stands in front of the Vietnam Memo- such as needlepoint and boating on rial seeing ‘The Wall’ for the very first future is simply to remember America’s past. Lake Winnipesaukee. time. He is overcome by how many I will remember our fallen heroes, those Rachel showed tremendous courage names there are. He walks solemnly brave souls who paid the ultimate price to en- in attending a town meeting I hosted and slowly, passing by the countless sure the safety of future generations. I will rein Wolfeboro last year. Though she was flowers, letters, photographs, even member those that live on, continuing with the afflicted with ALS and had many dif- teddy bears left at the wall by the fam- task bestowed upon them by the voices of ficulties with mobility, she wanted to ilies of the fallen. He wonders if some days gone by. I will never lose sight of all that attend the meeting in order to shed of the people walking near him are it took to provide me with the freedoms that I light on a problem that affects thou- searching for one of the names, an once took for granted, and I do not, and sands of other terminally ill patients. uncle maybe, or even a father. He can should not, stand alone with my commitment. Rachel was having trouble getting her picture a young man only a few years When I see the flag in Grandma’s driveway

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 9920 E:\CR\FM\A08JY7.070 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5391 billowing proud and tall in the same soft just prescription drugs or health care, Startled by the realities of the HIV/ breeze, I am reminded of why that flag is still access to health care, but also manu- AIDS pandemic, a threat potentially flying. This is my commitment to America’s fu- facturing, our ability to compete in the more devastating than global ter- ture, and it is something that not only I, but all world. Sometimes we compete on a rorism, the administration announced of us, as Americans, must never forget. wage basis, but when we look at law- a tripling of its relatively modest com- f suits, I will give two examples. mitment to battling the spread of the One, the only bill that we overrode The SPEAKER pro tempore. Under a dreaded disease in Africa. The proposed when President Clinton was in office previous order of the house, the gen- $15 billion appropriation over the next was one in which we attempted to do tleman from Illinois (Mr. LIPINSKI) is 5 years in a region in which the pan- something about civil aircraft manu- recognized for 5 minutes. demic has infected more than 30 mil- facturing. We were losing it in the (Mr. LIPINSKI addressed the House. lion people, a tenth of them being chil- United States, and we had lost most of His remarks will appear hereafter in dren under the age of 15, is a drop in it. We did override a veto, and we did the Extensions of Remarks.) restore some civil aviation manufac- the bucket compared to the several bil- f turing. However, we have lost all re- lions we are committing annually to gional jet manufacturing, lost 50 per- the pursuit of geopolitical strategies of CONCERN ABOUT DEMOCRATIC a significantly less danger to the world VICE PRESIDENT NOMINEE cent of the large aircraft manufacturing. If we look around the States, at large. The SPEAKER pro tempore. Under a North Carolina, the South, the North, But as generous and noble as this ini- previous order of the House, the gen- Ohio, we see manufacturing closing tiative is and touted to be, it is subject tleman from Florida (Mr. MICA) is rec- down, because we would not want to to political strings and is actually pre- ognized for 5 minutes. manufacture in the United States when sented as another means of imposing Mr. MICA. Madam Speaker, I come we can take that activity outside the before the House tonight as a Member our ideological concepts on the suf- United States. fering people of Africa. of Congress concerned about the im- Another example is Orlando Heli- pending Presidential race and particu- copter, in my own backyard in central The other priority of the administra- larly concerned about the Vice Presi- Florida. It does not exist anymore. tion’s African policy is the so-called dential nominee chosen this week by They moved to South America and advancement of political and economic the Democrat nominee for President. China. Why? Because of liabilities. freedom. Considering the means by I am very concerned, Madam Speak- So I see two Americas. I see an Amer- which this government sat itself in er, because the choice that has been ica where we may have a great oppor- power, it remains a source of wonder made is a divider rather than a uniter, tunity for people to get health care at that they have had the unmitigated and I think we are about to engage in affordable costs, I see opportunity gall to propose to lecture any other a debate that will determine who will where we can expand jobs and have state, least of all ancient African king- lead us for the next 4 years. I am very great economic opportunity, but I do doms, on the arts of governance and concerned that someone has been cho- not see it with, unfortunately, the the democratic path to freedom. sen that has talked about two Amer- Democratic nominee who is being The supposedly well-intended African icas, and that is a great concern to me, brought forth. Growth and Opportunity Act, known as the framing of this debate around two What concerns me, too, having just Americas. survived 2 years ago a $5 million unan AGOA, is designed to build trade ca- Quite frankly, Madam Speaker, I am precedented election by a contestant pacity with Africa and will, no doubt, concerned about two Americas. I am who was a trial lawyer who spent $5 be renewed and extended. Yet its full concerned about giving access and a million to oust me from office, I see effect may never be realized until its platform to the trial lawyers in Amer- that same onslaught of funds coming in implementation is not limited to those ica, a stage and the ability to launch to try to capture the second highest of- African nations that place themselves their efforts, which is unprecedented in fice in our land. I see two Americas, under the thumb of U.S. business inter- the history of our Republic. and I see one that does concern me. ests. I see two Americas. A lot of trial law- f The administration’s third African yers, attorneys are my best friends, but policy priority is, they say, to create I see an America with a few trial law- STOP PLAYING GAMES WITH AFRICA peace and regional stability. This yers who have benefited greatly and would and could have been a lofty goal substantially financially, and I see an The SPEAKER pro tempore (Mrs. in itself had it not been proffered by an America in which the rest of us have MILLER of Michigan). Under a previous administration whose overall relations paid and are paying every day for what order of the House, the gentlewoman with other nations is based on a doc- those trial lawyers have done to our so- from California (Ms. WATSON) is recog- trine of preemptive aggression and re- ciety and our country. nized for 5 minutes. This is a very serious issue because Ms. WATSON. Madam Speaker, as we gime change by violent external force. we are going to decide in this campaign mark the first anniversary of the We of the Congressional Black Cau- if we continue to let trial lawyers have President’s historic tour of Africa, we cus have been dubbed the conscience of two Americas, where a few benefit, and cannot help but wonder when, if ever, this Congress. It is our duty to watch then we all pay. the government of this country will over the actions and activities of this end the ‘‘promise game’’ they are so government and to insist that, in b 1845 adept at playing with the peoples of Af- words as well as in deeds, the interests I do not know any American that has rica. of our constituency primarily and of been paying lower hospital bills or The administration’s whirlwind, 1- the Nation ultimately are served. lower medical care costs. And if we week tour was ostensibly undertaken look at the root of the higher costs, it in pursuance of a policy ‘‘to work with In closing, Madam Speaker, our pri- is because of the system that has others for an African continent that ority, therefore, is to ensure that the evolved. A few are suing, and a few are lives in liberty, peace, and growing advantageous promises made to Africa benefiting. I am very concerned about prosperity.’’ It offered a laundry list of are kept, and that every cent com- what I see for health care costs and, in financial aid and development initia- mitted is spent as appropriated; that manufacturing, the jobs that have been tives that could wipe out its poverty this and every other administration be- driven out of this country. I come from and dependence. come fully convinced that its appro- the business sector. I am so pleased I It is up to us to insist that the prom- priations to Africa are not charitable am not in business because of the ises are kept and not relegated to un- contributions, but at least are repara- threat of lawsuits today. funded programs for Africa, so char- tions for past exploitations and, at the Everything we do in our society now, acteristic of compassionate conserv- most, investments in the prosperity of the cost is dramatically affected; not atives. Africa’s people and all of the world.

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.071 H08PT1 H5392 CONGRESSIONAL RECORD — HOUSE July 8, 2004 CONGRESSIONAL RECORD PROVES community as expressed through the who lost his struggle with cancer June USEFUL FOR PRESERVING RE- United Nations Security Council. It, 17, 2004. MARKS Iraq, is violating terms of the cease- Bob was born in Ann Arbor, Michi- The SPEAKER pro tempore. Under a fire that ended the Gulf War and is ig- gan, and lived in several Michigan cit- previous order of the House, the gen- noring as many as 16 United Nations ies before graduating from Kalamazoo tleman from Texas (Mr. BURGESS) is Security Council resolutions, including High School in 1948. He served his recognized for 5 minutes. 11 resolutions concerning Iraq’s efforts country in Korea as a second lieuten- Mr. BURGESS. Madam Speaker, we to develop weapons of mass destruc- ant in the Army. A graduate of the have heard from several people tonight tion. These U.N. resolutions are not University of Michigan, he founded the on the other side of the aisle who spoke unilateral American demands; they in- Michigan Trenching Service, Incor- out against the activity in Iraq and volve obligations that Iraq has under- porated, and became a prime con- said that they were opposed to the ac- taken to the international community. tractor for service companies. Al- tivity in Iraq, and that is their right, By ignoring them, Saddam Hussein is though he was a highly successful busi- their privilege, their obligation to do undermining the credibility of the nessman, he humbly referred to himself so. United Nations.’’ as ‘‘just a ditch digger from Ann Madam Speaker, I was not here when Let me repeat that. Arbor.’’ the Congress voted on authorizing the ‘‘By ignoring them, Saddam Hussein Bob Lyons inspired optimism and a use of military force in the country of is undermining the credibility of the community-minded spirit that has left Iraq. I think had I been here that I United Nations openly and openly vio- a lasting mark on those who were for- would have voted in favor of that use of lating international law and making a tunate enough to have known him. military force, but that is merely spec- mockery of the very idea of inter- Bob’s commitment to improving soci- ulation. I was not here. national collective action.’’ ety can be seen through his member- But, Madam Speaker, I think it is Madam Speaker, this individual on ship on the Mackinac Center Board of useful to go back in the CONGRESSIONAL September 12 of 2002 wrapped things up Directors. However, he will best be re- RECORD and read the remarks of people with the very concise statement that membered, I think, for his boundless who were here who had those debates, goes on to say, ‘‘The path of con- energy and commitment to numerous who had to work through those issues, fronting Saddam is full of hazards, but causes: Cleary University, St. Joseph and who did then ultimately vote for the path of inaction is far more dan- Hospital, the Boy Scouts, the Hands On the use of force in Iraq. gerous. This week, a week before we re- Museum, and many, many others. I quote the CONGRESSIONAL RECORD member the sacrifice of thousands of Bob Lyons’ humor and outgoing per- from September 12, 2002, where an indi- innocent Americans made on 9/11, the sonality made him a natural at fund- vidual said, ‘‘I firmly believe the issue choice could not be starker. Had we raisers and political events where he of Iraq is not about politics, but it is known that such attacks were immi- was a regular. He recruited, encour- about national security. We know or nent, we surely would have used every aged, supported and helped elect many have known for at least 20 years that means at our disposal to prevent them political candidates. Saddam Hussein has aggressively and and to take out the plotters.’’ Bob was passionate for his causes and obsessively sought weapons of mass de- Well, Madam Speaker, unfortunately, was a role model for all of us who seek struction by any means available. We these words were spoken by a Member to improve our communities and our know that he has chemical and biologi- of the other body, and the decorum of country. Thank you, Bob, for all you cal weapons today. He has used them in the House prevents me from properly did for us. You will be remembered the past, and he is doing everything he attributing them, but most people fondly. We offer our condolences to can to build more. Each day he inches would recognize the speaker of these your beloved wife Jan, daughter closer to his long-term goal of a nu- words as the man who has recently Suezahn, son Rob. Bob, your service to clear capability, a capability that been designated for the second highest your community and your country will could be less than a year away. I be- office in this land, the Democratic, be remembered. lieve,’’ this speaker said, ‘‘I believe purported Democratic nominee for f that Saddam Hussein’s Iraqi regime Vice President of the United States. wants a clear threat to the United b 1900 f States, to our allies, to our interests HONORING Doug Bereuter around the world, and to the values of The SPEAKER pro tempore. Under a freedom and democracy that we hold previous order of the House, the gen- The SPEAKER pro tempore (Mrs. dear.’’ tleman from Michigan (Mr. CONYERS) is MILLER of Michigan). Under the Speak- Madam Speaker, this individual went recognized for 5 minutes. er’s announced policy of January 7, on to say, ‘‘Saddam has proved his will- (Mr. CONYERS addressed the House. 2003, the gentleman from Nebraska ingness to act irrationally and brutally His remarks will appear hereafter in (Mr. OSBORNE) is recognized for 60 min- against his neighbors and against his the Extensions of Remarks.) utes as the designee of the majority own people. Iraq’s destructive capa- f leader. bility has the potential to throw the GENERAL LEAVE ORDER OF BUSINESS entire Middle East into chaos and poses Mr. OSBORNE. Madam Speaker, I a moral threat to our vital allies. Fur- Mr. SMITH of Michigan. Madam ask unanimous consent that all Mem- thermore, the threat against America Speaker, I ask unanimous consent to bers may have 5 legislative days within is all too clear. Thousands of terrorist proceed with my 5 minute at this time. which to revise and extend their re- operatives around the world would pay The SPEAKER pro tempore. Is there marks and include extraneous material anything to get their hands on objection to the request of the gen- on the subject of my Special Order. Saddam’s arsenal.’’ tleman from Michigan? The SPEAKER pro tempore. Is there The speaker went on to say, ‘‘There There was no objection. objection to the request of the gen- is every possibility that he could turn f tleman from Nebraska? those weapons over to terrorists. No There was no objection. one can doubt that if the terrorists had A TRIBUTE IN HONOR OF ROL- Mr. OSBORNE. Madam Speaker, at had weapons on September 11, had had LAND ‘‘BOB’’ LYONS OF ANN this time we would like to honor the those weapons of mass destruction, ARBOR, MICHIGAN gentleman from Nebraska (DOUG BE- they would have used them. On Sep- The SPEAKER pro tempore. Under a REUTER), who is from the First Con- tember 12, 2002, we can hardly forget previous order of the House, the gen- gressional District. I would like to the terrorist threat and the serious tleman from Michigan (Mr. SMITH) is begin the Special Orders by recognizing danger that Saddam would allow his recognized for 5 minutes. the gentleman from California (Mr. arsenal to be used. Iraq has continued Mr. SMITH of Michigan. Madam THOMAS), who is the chairman of Com- to develop its arsenal in defiance of the Speaker, I rise this evening to honor mittee on Ways and Means and who collective will of the international and remember Rolland ‘‘Bob’’ Lyons, graciously arranged this hour for us.

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.160 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5393 Mr. THOMAS. Madam Speaker, I Asia Foundation, and this body will see he is doing this one more time by want to thank the gentleman from Ne- not be the same without him. handling this Special Order on behalf braska (Mr. OSBORNE) because those of In his time in the House of Rep- of a wonderful Member of the House of us who came in the 96th Congress in resentatives, Madam Speaker, DOUG Representatives. 1979, and I see my friend and colleague, BEREUTER has embodied the best of DOUG BEREUTER is one of the the gentleman from California (Mr. public service. His commitment to his classiest people to have ever served in LEWIS), is with us who was a member of constituents and his Nation has never this place. As my friend, the gentleman that class, there were 77 of us, both waivered. While staying true to his val- from California (Mr. THOMAS), sug- Democrats and Republicans who came. ues, he has worked across party lines gested, there are few and far between And when you come in the same class, to achieve compromise and advance those who have his kind of class. you then have seniority established al- sound public policy. He is known all The gentleman from California (Mr. phabetically. over Capitol Hill as a man with strong THOMAS) and I came to Congress with So you need to understand that from convictions but even stronger commit- DOUG. At that point, there were 79 the first day DOUG BEREUTER was ment to working in a bipartisan, colle- Members in our class as freshmen; 10 of envied by me for the seniority which he gial manner and a dedication to doing us remain. And, indeed, as DOUG leaves achieved immediately in the House. good. us, all who remain will remember him However, the years, and it is now 25, DOUG BEREUTER is a committed for as long as we can possibly maintain DOUG and Louise and my wife, Sharon, internationalist who understands that contact. and I have gotten to know each other in this world of ever increasing California is a long ways for some, in a way that you can say that we are globalization, it is essential that our but it is not very far for several of us. colleagues. We professionally deal with Nation maintain strong relationships It is my intention as I visit my grand- a number of issues, but probably as around the world. DOUG has dedicated a children up north, to certainly come much as any other person in the House, significant part of his career to im- visit DOUG and Louise and remember DOUG is a friend, and I admire him so proving international cooperation, and the times we had together way back much. he is known and respected around the when, several years ago when we ar- If you look at his background, rarely world. rived here in the House of Representa- is anyone as prepared as he was to take I have had the opportunity to travel tives. with DOUG and Louise Bereuter as a on the responsibilities as a Member of DOUG BEREUTER is one of those clas- the House of Representatives. And then member of the NATO Parliamentary sic Members for a number of reasons, when you look at what he has done and Assembly. I have been very impressed not the least of which is the leadership the manner in which he has done it, I by his knowledge of our European al- that he has demonstrated in the field admire him so much for the profes- lies and his grasp of the issues the alli- of foreign affairs. He is a Member of sionalism that he has brought to this ance faces. I have seen the ease with the House during my service here who House. And I know that as he now de- which he relates to foreign leaders. has, from at least a Republican per- cides to go a different way, and Louise And I have also seen the grace with spective, caused our caucus to focus in leaves her home by the river and they which he conducts diplomacy. a way that recognizes that we are liv- move into other activities, that Sharon On a very personal note, and I am ing in a shrinking world. And it is and I will keep in touch with them be- sure to the great good news to my col- very, very important in that arena not cause the memories that we have leagues from California, I am pleased to dwell upon partisan politics alone, shared will be renewed as he moves on. to tell you that not only will DOUG and recognizing that whoever the Com- I will conclude, I will tell the gen- Louise be relocating to the San Fran- mander in Chief is, whoever the Presi- tleman from Nebraska (Mr. OSBORNE), cisco Bay area, they are moving not dent of the United States is, as we by saying this: Republicans have now only to my district but my home town. leave this country we need to speak in been in the majority for a decade. So I have the blessing of not losing one voice on behalf of country. Some of us have been privileged to be DOUG and Louise completely. Although In a very special way, he penetrated able to chair committees in this great he has a very nonpartisan job, I believe our caucus in connection with that un- body. I can without refutation say that that they will enjoy living in my town, derstanding. DOUG BEREUTER is a per- up to this point the most well-qualified and it is a beautiful place indeed. And son who I very much regret see leaving mind-set approach, Member of the ma- we will be very, very blessed to have the House. But as he goes forth on his jority not to be able to be a chairman them. They will add greatly. work on the part of the Asia Founda- is DOUG BEREUTER. It saddens me. Al- Louise is especially someone I have tion, he will have a special way of com- though he has done a marvelous job in gained tremendous appreciation for. municating there as well, I am certain. his professional career here in the She is an artist, a great mom and a DOUG’s impact here in the House of House, in a number of committee as- great grandmother; and I am happy to Representatives now will have a very signments, I want to underscore that say that we are proud to have DOUG BE- special impact upon a very important DOUG BEREUTER should have been a REUTER and Louise Bereuter moving to part of the world, as we all know chairman of a full committee. California. We are happy to have his He and I will lament that over drinks service to the people of Nebraska and Southeast Asia is such a significant in a number of countries over the next our Nation, and I wish him the best of part of our future. few years as we continue to share our luck. When he sees the gentleman from To my friend, the gentleman from lives in many ways. I am saddened to California (Mr. THOMAS), he will be Nebraska (Mr. OSBORNE), I really want see DOUG go, but I am not sad because drinking California wine. him to know how much we appreciate I get to move up one spot in seniority. I thank the gentleman from Ne- his taking this time, this special effort I thank the gentleman very much. braska (Mr. OSBORNE) for hosting us. to pay tribute to our mutual friend. It Mr. OSBORNE. I thank the gen- Mr. OSBORNE. Madam Speaker, I is a pleasure to be here with him. tleman for his comments. I know Mr. thank the gentlewoman for her com- Mr. OSBORNE. Madam Speaker, I BEREUTER appreciates very much those ments. thank the gentleman very much. I comments as well. At this time I would like to call upon know Mr. BEREUTER will particularly At this time, I would like to yield to the gentleman from California (Mr. appreciate the gentleman’s comments. the gentlewoman from California (Mrs. LEWIS), chairman of the Subcommittee At this time, I would like to yield to TAUSCHER), and I appreciate her par- on Defense of the Committee on Appro- the gentleman from Tennessee (Mr. ticipation in this Special Order. priations. TANNER), who has shown great pa- Mrs. TAUSCHER. Madam Speaker, I Mr. LEWIS of California. Madam tience, endurance, who has even de- rise today to pay tribute to one of the Speaker, I thank the gentleman from layed a medical procedure to help us finest Members of this institution, Nebraska (Mr. OSBORNE) very much for tonight. So we are honored to have him DOUG BEREUTER of Nebraska. After 26 yielding to me. I must say to the coach with us. years of service, DOUG is retiring from that he has always associated himself Mr. TANNER. I thank the gentleman. the House to be the president of the with class throughout his career. I can I wanted to be here tonight because I

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.163 H08PT1 H5394 CONGRESSIONAL RECORD — HOUSE July 8, 2004 think so highly of DOUG and Louise Be- neighbor to DOUG, and he is doing a DOUG represents our country’s inter- reuter. I have had the privilege of trav- great service to bring and have this ests forthrightly and effectively in eling with DOUG and Louise, Betty and Special Order. international forums, and he is equally I have for the last 8 or 10 years, to the I would like to begin my tribute to skilled in informal diplomacy, listen- NATO Parliamentary Assembly, which the service of DOUG BEREUTER by ing well and engaging in candid dia- is arguably now in this age of world- quoting a noted Irish statesman and logue, forming ties of mutual respect wide global terrorism, one of the philosopher, Edmund Burke, who said: with leaders abroad. He has taken a stronger links that we have with Eu- ‘‘Your representative owes you not his particular interest in the challenges rope, one of the most important rela- industry only, but his judgment; and he facing the NATO alliance after the tionships we have with respect to betrays instead of serving you if he Cold War, the role of the alliance in international cooperation and inter- sacrifices it to your opinion.’’ conflicts in the Balkans and beyond national help as it relates to our for- This quote reflects the hallmark of Europe, and the collective response to eign policy. DOUG BEREUTER’s service to his con- terrorism. I must tell Members, I know DOUG stituents and his country. Under his leadership, the Assembly has been a terrific representative for b 1915 has played an important role in the the people of Nebraska while he has eastward expansion of NATO, both in served here in the House, but he has He has brought integrity and leader- debating the terms of that expansion made an enormous contribution to this ship to his service in the Congress and and in establishing ties with parlia- country. As my friend, the gentle- the people of Nebraska have been well- mentarians in the new member States. woman California (Mrs. TAUSCHER), served by his dedication to effective Like others in this body, I have said earlier, his diplomacy and his abil- government. greatly enjoyed and benefited from my ity to relate with legislators, parlia- On a personal note, Mary and I treas- travels with DOUG, often with his wife mentarians from other countries ure the friendship of DOUG and Louise. Louise and my wife Lisa, on parliamen- around the world, and particularly in We have been with them on their little tary exchanges, Aspen Institute semi- the time that I have been with him in farm out in Nebraska. It has been a nars and NATO Assembly meetings. Europe, is something that is going to wonderful relationship to have them as Most recently, we have collaborated be sorely, sorely missed. friends over the years. in drafting a resolution, H. Res. 642, es- We need the cooperation, respect and It has also been a special privilege to tablishing a commission in the House the help of other countries as we at- be part of a U.S. delegation to the of Representatives to assist par- tempt to lead the world in this war of NATO Parliamentary Assembly under liaments in emerging democracies. It is international terrorism. DOUG BEREU- the very capable leadership of DOUG. I our hope that this commission might TER has made a contribution presently am pleased today to join my colleagues continue the work begun in Eastern serving as President of the NATO Par- in wishing DOUG Godspeed in his new Europe by the Frost-Solomon Commis- liamentary Assembly. And I want to challenge for service to our Nation. sion in the 1990s, working in the Bal- pick up on something the gentleman Mr. OSBORNE. Madam Speaker, I kans, the Caucasus and other areas as from California (Mr. LEWIS) said. When thank the gentleman for his comments they develop freely functioning par- we go to Europe to the NATO meet- and appreciate his patience in being liaments. ings, DOUG does not go as a Republican. here this evening. At this time, I yield Madam Speaker, as much as we re- I do not go as a Democrat. We go as to the gentleman from North Carolina spect DOUG’s work, we also admire him American parliamentarians, American (Mr. PRICE). as a colleague and value him as a Members of Congress, to try to further Mr. PRICE of North Carolina. Madam friend. DOUG’s a warm and sincere and our country’s interests abroad. Speaker, I thank the gentleman for genuine person, persistent and deter- He was a quintessential and is a quin- yielding. I appreciate his taking out mined when he needs to be, but also co- tessential salesman, a man who is re- this Special Order tonight to honor our operative, collaborative, willing to spected not so much because they al- colleague DOUG BEREUTER, retiring share the limelight and eager to help ways agree with him or us, but because after 26 years of distinguished service others succeed. One measure of DOUG’s he always treats people with the kind in this body. personal qualities and the loyalty of kindness, understanding, and com- I first got to know DOUG as a friends feel to him is the longevity of mitment to their point of view that we thoughtful and productive Member of his staff here. DOUG’s staff obviously expect them to extend to us. And so I the House Committee on Banking soon believes in him, and they have served just wanted to come tonight and say after my arrival here, but I soon came for impressive periods of time. thanks in this formal way to DOUG and to admire him even more for his knowl- Carol Lawrence has served for 26 Louise for their many years of service edge and his involvement in foreign af- years, plus 3 years when he was a State to our country and particularly for fairs. He is now completing his 22nd legislator. Robin Evans, 22 years; Jodi their leadership within the European year on the Committee on Inter- Detwiler, 18 years; Susan Olson, his sphere. national Relations where he chairs the chief of staff, 17 years, and we know He is moving on now to the Asia Subcommittee on Europe. He is in his Susan well from her NATO assembly Foundation, and I would hope and I 10th year of service on the Permanent work; Mike Ennis, 16 years; Alan know that his service there will be as Select Committee on Intelligence Feyerherm, 15 years. That is remark- rewarding and as fruitful to the coun- where he chairs the Subcommittee on able. That is a remarkable display of try, to his country, to our country as Intelligence Policy and National Secu- not just staff longevity but staff loy- his time serving in Europe has been. rity and serves as vice-chair of the full alty, a kind of personal loyalty that I thank the gentleman from Ne- committee. DOUG inspires. braska (Mr. OSBORNE) for hosting us to- For most of his congressional career, Mr. Speaker, DOUG BEREUTER has night in this tribute to DOUG. We ap- DOUG has made it his business to un- made a distinctive contribution to this preciate it very much. derstand the foreign policy challenges House and to our country. We will miss Mr. OSBORNE. Madam Speaker, I facing our country, and he has made him here, but we bid him and Louise thank the gentleman very much. I ap- enormous contribution to the House’s farewell in the sure hope that we will preciate his comments. capacity for and exertion of inter- have continuing opportunities to see At this time, I would like to yield to national leadership. He has earned the them and to work with them. We know the gentleman from Ohio (Mr. REGULA), respect of Members on both sides of the that DOUG’s talents will find a worthy the chairman of the Subcommittee on aisle and among his counterparts in outlet in the presidency of the Asia Labor, Health and Human Services and other parliaments. He has been a dele- Foundation, and we wish him well in Education of the Committee on Appro- gate to the NATO Parliamentary As- that important work. priations. sembly since 1986. He has led the U.S. Mr. OSBORNE. Madam Speaker, I Mr. REGULA. Madam Speaker, I delegation since 1995, and he was ele- thank the gentleman and appreciate wanted to thank the gentleman from vated to the presidency of the assembly him being here this evening. At this Nebraska (Mr. OSBORNE). He is a good 2 years ago. time, I yield to the gentleman from

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.164 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5395 Florida (Mr. GOSS), the chairman of the DOUG has been there during these It is not a permanent good-bye. We Permanent Select Committee on Intel- critical times, providing leadership for wish DOUG and Louise the best, of ligence, who has worked very closely the delegation, and it is very true to course, and I think it is sort of strange. with Mr. BEREUTER. say he has helped direct NATO’s sup- The ultimate irony is that the man we Mr. GOSS. Madam Speaker, I thank port on the global war on terrorism, are celebrating so much tonight for all the gentleman for yielding, and I want something of great interest to us all. of his leadership on the transatlantic to thank my colleague the gentleman I am particularly appreciative, of and the across Atlantic area interests from Nebraska (Mr. OSBORNE) for his course, in my position, for his service is also a man who has huge experience generosity and his leadership this as the vice-chairman of the Permanent on the Pacific side. So, DOUG, as you evening. It is nice to be among col- Select Committee on Intelligence and and Louise go from the Atlantic to the leagues talking about such pleasant particularly the chairman of that sub- Pacific, we all wish you well and God- things. Obviously we are all honored to committee that tries to link up policy speed. We now have another reason to rise to honor our friend DOUG BEREU- with our national security capabilities. visit San Francisco, which is a good TER and say good-bye. I hope it is not That is not an easy job. It is unique. It thing. I would say that you are truly a good-bye. I think in his new role we is the only place I know where that global man for the global century will be able to see more of him in a dif- happens, where that work is done, and ahead. God bless you and good luck. ferent capacity, but it is clear that I I single out two issues in particular Mr. OSBORNE. Madam Speaker, I think the House feels we are losing a where DOUG has made a positive impact thank the gentleman very much for his really nice guy and terrific resource. in the community. kind kinds. At this time I yield to the He has served us well. First, he led the community’s push gentleman from Kansas (Mr. MOORE). I have actually had the pleasure, as to eliminate what we call the Deutsch Mr. MOORE. Madam Speaker, I most of us have tonight who have been Guidelines, the risk avoidance ques- thank the gentleman from Nebraska talking, of working with DOUG in a tion, the hindrance to the agent re- (Mr. OSBORNE) for providing this forum number of capacities. How many times quirement that crippled our ability to tonight. have we all flown back and forth across recruit productive assets, and DOUG We are here tonight to thank the the Atlantic with DOUG? How many dif- was a tiger on that. When things were gentleman from Nebraska (Mr. BEREU- ferent airports have we stopped at on passed into law under his leadership TER) for his distinguished service to that airplane that sits out there that and were not properly effected and exe- our country. Congressman DOUG BE- we sort of groan when we see, thinking cuted, he went back and made it hap- REUTER is a gentleman whose congres- how often we are going to have to stop pen, and I take my hat off to him for sional service is characterized by civil- for gas to get where we are going? his persistence and his vision on that. ity, integrity and gentlemanly con- For all those years on the Parliamen- Secondly, he has recently been re- duct. I have never heard any Member of tary Assembly that he has worked and sponsible for crafting a comprehensive Congress, Republican or Democrat, say taken over the leadership, he has been legislative package addressing the lin- an unkind word about DOUG BEREUTER. working hard for the United States of guistic needs of the intelligence com- That may be a rarity around here. America’s position of a changing world, munity. He and many others on both DOUG has honored this institution of a changing times, and it has not been sides of the aisle have contributed, but Congress with his service. He has pro- easy as we all know. he led the charge and he did it effi- vided leadership as the President of the He has served as the chief congres- ciently and he did it in a short period NATO Parliamentary Assembly, which sional spokesman on NATO issues dur- of time. We just passed an authoriza- I have had the honor to serve with ing the most difficult debates we had, I tion bill that now provides for lan- DOUG and work. He has worked to fur- think, in Bosnia, Kosovo and Serbia, guage capabilities that are critical to ther the objectives of NATO and and he did it with eloquence and with this country we did not have before. strengthen the ties between each of the clarity and a great amount of patience. I am very well aware that language Nations who are parties to NATO. Maybe patience should be underscored capability is not a front page story for Most importantly, perhaps DOUG BE- when we are talking about the NATO the New York Times, but it is essential REUTER is a good, decent man, and I am parliamentarians. for our collection of information that grateful he is my friend. DOUG, may DOUG certainly diffused a number of our Nation needs to pursue its foreign you have great success in your new ca- disputes that have come up, and I policy objectives. DOUG took on the reer. My wife Stephanie and I wish you think from everything from things as task. His recommendations on lan- and Louise the very best. easy as the European Security Defense guage received enthusiastic bipartisan I again thank the gentleman from Initiative, which was relatively calm, support, and now it is a major compo- Nebraska (Mr. OSBORNE) for providing to things like handling Mr. nent of a passed authorization bill in this forum this evening. Zhirinovsky, a presidential candidate the House, and I believe the Senate will Mr. OSBORNE. Madam Speaker, I for Russia who continuously provokes see it the same way. thank the gentleman and appreciate our delegation with obnoxious effron- I guess I would sum up and say, as he his kindness in coming down here and tery on every occasion, DOUG did an ab- ends his tenure on the Permanent Se- waiting. At this time, I yield to the solutely tireless, fabulous and success- lect Committee on Intelligence, I will gentleman from Ohio (Mr. GILLMOR). ful job on behalf of the United States say without equivocation that DOUG Mr. GILLMOR. Madam Speaker, I and this institution, and I think every- BEREUTER has left the intelligence thank the gentleman for yielding, and body needs to know that and applaud community better than he found it I am going to be brief because there are it. through his extensive, conscientious, a number of speakers tonight. I will DOUG was rewarded for his efforts by creative initiatives, and those are enter my full statement in the RECORD, being elected President of NATO Par- words I would not say casually because but I am very pleased to have the op- liamentary Assembly. I am not sure those are things that matter a great portunity to pay tribute to a very spe- that is a reward, but he took the job on deal to me. He has left a positive mark cial Member of this body who is leaving and was celebrated for doing it so well, and left a great improvement for us. after 25 years of service. and it is an honor to have that posi- He has also been a great friend and All of us who serve here know the re- tion. It is also a lot of hard work, and colleague, as everybody is here to say. spect with which DOUG is held by his he held that position at a very hard I first met DOUG and talked about town colleagues here, but what many Mem- time, when NATO was admitting more planning. We had that in common to- bers of this body do not know is how members. Enlargement was not a sub- gether. He exposed me to the Niobrara widely known, how respected he is by ject that came across without con- River debate which was a very vigorous parliamentarians all across this globe. troversy, and I think that now even debate, important in his district, and Throughout his 25 years in the House, controversies we hardly even dare he carried the day against big odds on DOUG BEREUTER has served on an ex- breach out-of-area operations for that, and he did it with grace and ceptionally large number of important NATO or things that are actually hap- helped out a lot of us who did not know committees. He has also held the gavel pening given what is going on in Af- much about that river to know a lot as chairman of three different sub- ghanistan. more quickly. committees. He has played a lead role

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.166 H08PT1 H5396 CONGRESSIONAL RECORD — HOUSE July 8, 2004 in the House of Representatives for DOUG is a small-town guy, Utica, Ne- sics, kind of Congress 101. And so he years, but throughout his 18 years of braska. He is proud of the fact that he tried to steer me in the right direction service on the U.S. delegation to the has held over 1,000 town hall meetings. and was always available, and I guess NATO Parliamentary Assembly and his So he has really maintained close it is always the mark of a person’s membership on numerous other con- touch with his constituency. DOUG car- character as to how he treats some- gressional exchanges and international ried an extremely heavy work load body that can do nothing for him. Ob- task forces, Congressman DOUG BEREU- here in Congress. He served on the viously, I had no seniority, was not TER has become one of the most experi- Committee on Financial Services, anyone of any influence in Congress; enced voices in congressional debate on Committee on International Relations, and yet his kindness will long be appre- international affairs. chairman of the Subcommittee on Eu- ciated and remembered. So DOUG was a I have had the pleasure of serving rope, Committee on Transportation great influence on me and on this body with DOUG for 10 years on the NATO and Infrastructure, Permanent Select and will be greatly missed. Parliamentary Assembly, and my wife Committee on Intelligence, was vice Madam Speaker, I yield the remain- Karen and I have had the opportunity chairman of the full committee, chair- ing time that we have to the gen- to know both he and his wife Louise man of the Subcommittee on Intel- tleman from Nebraska (Mr. TERRY), very well as a result of that experience. ligence, Policy and National Security, who is also a great friend of DOUG’s; I think it is an example of the high re- vice chairman of the Subcommittee on and I am honored that he would come gard in which he is held, the fact that Terrorism and Homeland Security. So down here tonight and manage the last he is now serving as the President of very, very few, if any, people in Con- part of this hour. the NATO Parliamentary Assembly. He gress served in that large number of The SPEAKER pro tempore. Without was unanimously elected to that posi- committees. objection, the gentleman from Ne- tion by the parliamentarians of the all Also he is the president of the NATO braska will control the remaining the NATO countries. NATO has now Parliamentary Assembly. He has been time. grown to 26 countries with the recent prominent in world trade issues and There was no objection. expansion. world hunger programs. DOUG attended Mr. TERRY. Madam Speaker, I His important achievements, both in the University of Nebraska-Lincoln thank the gentleman for yielding the Congress and abroad, will continue to where he was a Phi Beta Kappa. He time, and I do think it honors DOUG by pay tribute to his esteemed career as went to Harvard graduate school and us doing this as a team approach. Cer- an effective legislator and accom- was a faculty member and guest lec- tainly, though, you have taken much plished diplomat. turer at Harvard, University of Ne- of the responsibility for tonight, and His presence in this House will be braska-Lincoln and Kansas State Uni- thank you for doing that. sorely missed as he has been one of versity, also in private business, Madam Speaker, I yield to the gen- those Members who has always worked United States Army, Nebraska State tleman from California (Mr. BERMAN) on behalf, not only of the American legislature. So there are very few peo- for as much time as he may consume. people, but also his Nebraska constitu- ple in Congress who have had the var- Mr. BERMAN. Madam Speaker, I ency. ied experience and the excellent back- thank the gentleman from Nebraska b 1930 ground that DOUG BEREUTER has had. for yielding me this time. I will not re- It is a responsibility that he assumes His past committee memberships, peat many of the comments of my col- going to the Asia Foundation, a very honorary positions are really too nu- leagues talking about specific aspects large and important institution; but it merous to mention; but the most im- of DOUG’s really quite incredible Con- fits perfectly with his background, his portant thing about DOUG, and this is gressional career. We all in this body experiences, his talent, where he will what I would like to emphasize, it is have good days and bad days, and one no doubt make a major contribution. really not so much what he has done as of the really bad days for me was awak- He will be helping not only the United how he has done them. DOUG has been ening to learn that, I think I was in States but the many Asian countries exceptionally self-sacrificing, not California then, that Congressman BE- where the foundation is active. noisy, abrasive, and certainly not self- REUTER of Nebraska had decided to re- I wish Congressman DOUG BEREUTER serving; and this has been appreciated tire at the end of this term, that some- and his wife, Louise, and his family the by all of his colleagues. And I think body as essential to the work that I very best of luck in the years to come. this is an example of why so many peo- was interested in, particularly in inter- Mr. OSBORNE. Madam Speaker, I ple have shown up tonight to speak on national relations, who conducted him- would like to say a few words about his behalf. self in such a professional and thought- Mr. BEREUTER, and then I will yield to His focus has been on serving the ful way, whose approach to every issue, the gentleman from Nebraska (Mr. best interest of the country and his dis- sort of he had his philosophy and he TERRY) for the remaining 30 minutes or trict and not on self-promotion. He has had his values, but essentially it was a 25 minutes, whatever we have left, to worked very well with Members of both very meticulous, merit-based analysis manage the last part of the hour. parties, and I think that probably the of issues and what made the most I would just like to comment on the finest compliment that was paid to sense, and he constantly stood firm and fact that DOUG BEREUTER has served an DOUG was paid by EARL BLUMENAUER, a steadfast for the conclusions he had extraordinarily long period of time Member of the other party, who was reached through that kind of an anal- here in the House of Representatives, not, unfortunately, able to be here be- ysis. He did not pigeon-hole issues. He actually longer than any other Nebras- cause of an emergency, but EARL said looked at each one fresh and came to kan has served in the House. As a mat- that DOUG was one of those people who terms with the merits after a great ter of fact, it is rumored that he served were the glue that held this place to- deal of thought and analysis. under Roosevelt, Teddy Roosevelt, that gether. And I guess when you leave One of the good days in this institu- is, and so his 26-odd years of service Congress, if somebody can say that tion was the day when I learned he was have been greatly appreciated. about you from the other side of the going to seek and then get the presi- DOUG represents a very diverse con- aisle, that is an extreme compliment. dency of the Asia Foundation, a very stituency, and he has represented that So DOUG certainly is somebody who important organization doing very im- constituency very well. This was exem- has been a healer, somebody who has portant work on the rule of law, human plified by the fact that when we redis- pulled people together; and I guess the rights, and democracy in Asia and that tricted in 2000, three of the counties in last thing I would mention to you that, part of the world, from Afghanistan to DOUG’s district were going to be allo- again, displays DOUG’s character is the Indonesia, critical countries, large, im- cated to my district, and there was al- fact that I arrived here as a 64-year-old portant countries, and that DOUG most a complete revolt from those freshman who knew a little bit about would be devoting his professional ca- three counties. They did not want to football and almost nothing about poli- reer now to this. And I certainly wish leave DOUG and come with me, and so I tics. And DOUG and his wife, Louise, him and Louise, whom I am also very think one of them managed to stay in had Nancy, my wife, and myself out to fond of, great success. They will do an DOUG’s district. dinner. And he tried to give us the ba- organization that has already made an

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.167 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5397 excellent name for itself a great serv- tor, and a teacher for the years that I to spend several days with a person ice by giving their efforts to that orga- have had the privilege of representing who has such a deep sense of history, a nization. the people of the 16th Congressional real love of his country, and who took For me, what some of us over here District of Illinois. hours of his time to instruct me on his view as the national tragedy of the 1994 For a long period of time, I served thoughts on the changing face of elections, which shifted the majority with DOUG on the Subcommittee on China. control to the other party and all of Asia and the Pacific on the Committee Now, I am the chairman of the Amer- the drama that surrounded that for on International Relations, of which ican-Chinese Interparliamentary Ex- those of us who had enjoyed being in DOUG was the chairman. change and have been there several the majority and all that went with In 1999, he invited me to go with him times subsequent to the 1999 trip with that status, I got a consolation prize to Hong Kong in December of that year the gentleman from Nebraska (Mr. BE- that I think a lot of my Democratic on an oversight mission to take a look REUTER). And a year ago in January, I colleagues did not get, because I went at the result of the turnover of Hong had an opportunity to lead the largest from being a chairman of a sub- Kong to Mainland China in the summer delegation of Members of Congress to committee on the Committee on Inter- of that year, and I had never been to China. Were it not for the gentleman’s national Relations to being a ranking China before and really did not want to insistence that I go with him to China member of a subcommittee, the Asia go, but knowing that DOUG BEREUTER in 1999, knowing that I had such a de- subcommittee, which DOUG BEREUTER would be the chairman of that little sire and interest in that country, I was the chairman of. And in the 4 years group gave me so much of a sense of probably would not be the chairman of that I was ranking and that he was confidence that, in case we got in trou- this Interparliamentary Exchange, chair of that committee, I cannot re- ble, he could get us out of it. probably would never have had an op- member a single issue where I left any So we went over there and met with portunity to open up markets over meeting, any markup, any hearing various people in China, including the there and work on areas of human without the greatest respect for his in- Premier; and I recall when we were fly- rights. I can only attribute this to the tellect, for his commitment, for his ing from Shanghai to Beijing, we en- gentleman from Nebraska (Mr. BEREU- willingness to work on a bipartisan countered a diversion in the weather, TER). way, for the approach which I think is and there was a huge dust storm that He is one of the most decent people an important one that has been not al- was blowing the dirt off the Gobi and kind individuals that I have met in ways observed as well as it should be, Desert. And so we just could not make my entire life. He has never raised his but a tradition that in this body poli- it to Beijing. And the pilot came on, voice, always with a smile, and a sense tics ends at the water’s edge. And this and he said, We are going to have to di- of knowing that not only have the peo- is a gentleman who would never hesi- vert to Hohhot Inner Mongolia. ple of his congressional district been tate to work with the minority party And the only thing I knew about well served, brilliantly served by a or with minority Members that were Inner Mongolia was that it is right truly dedicated public servant, but the willing to work with him in pursuit of next to Outer Mongolia; and as the people of America as a whole have been what he saw as the national interest. plane landed, we were given these reserved by this outstanding individual. He had a number of different accom- boarding passes that said, ‘‘When in It is retirement from Congress but plishments; many of them have been Hohhot, stay at the Inner Mongolia not from life, and that is the good touched on. The one that I did not hear Hotel,’’ which was owned by the Chi- news. We look forward to working with mentioned, he played a very key role in nese airline. And we looked at each the gentleman. I am excited about the drafting the Hong Kong Policy Act, other, and our small delegation got in possibilities of being the chairman of which placed the issue of Hong Kong’s this bus. I know it was very quiet. I the American-Chinese Interparliamen- continuing autonomy after the had two coats, and they were both tary Exchange and to have the oppor- handover front and center in terms of stored in the belly of the airplane, and tunity in the future to work with the our relationship with China. He did in- we rode late at night to this mys- gentleman and to continue to be his credible work in terms of trying to deal terious hotel and were greeted there in student. with the human rights issue in the con- the lobby by so much confusion going Mr. TERRY. Madam Speaker, I text of MFN status for China. on. It was just absolutely chaos broke thank the gentleman from Illinois (Mr. Over and over again, I could take loose in the lobby, and a man who was MANZULLO), and I yield to the gen- more than enough time as allotted a complete stranger to our U.S. delega- tleman from Texas (Mr. LAMPSON). talking about specific issues and spe- tion, probably about eight people in- Mr. LAMPSON. Madam Speaker, it is cific accomplishments. I am only sorry cluding Members and staff, came over an honor to rise to salute my col- that I did not get to serve on the Com- and he said, ‘‘If you give me your pass- league, the gentleman from Nebraska mittee on International Relations with ports, I will get you your room.’’ (Mr. BEREUTER), on a quarter century him as chairman or, even better, with We did not even know who this guy of service to this body and particularly him as ranking member of that par- was, except he looked official. And I to thank him for the opportunity to ticular committee. I know he would looked at DOUG, we all looked at each bring an issue that was so close to me, have done a wonderful job, but I look other, took out our passports and gave international parental abduction, to forward to continuing to see him and them to this complete stranger, who the attention of our NATO counter- Louise and to work with him at the then proceeded to get us our rooms and parts. time when it is appropriate on issues took care of that. I remember meeting the gentleman that the Asia Foundation will be en- for the first time on one of our bipar- b 1945 gaged in, which will be issues that are tisan retreats just a couple of months very much in our national interest. The next 2 days we were trying to after I came into the House of Rep- Madam Speaker, I thank the gen- find out ways we could get to Beijing. resentatives. We were on that train tleman for yielding and for conducting We thought about planes, trains, and that we have taken a number of times; this Special Order. automobiles. There were several people and DOUG and his wife, Louise, came up Mr. TERRY. Madam Speaker, I on that airplane from Israel, and we to me and my wife, Susan, and carried thank the gentleman for his words of heard that they got in a van and drove on a conversation. He suggested that I high praise. across the Gobi Desert at night to get look into his involvement with the Madam Speaker, I yield to the gen- to Beijing. We called the U.S. Consul, NATO Parliamentary Assembly. I was tleman from Illinois (Mr. MANZULLO), and they said no, we do not want a aware of it, but it was at his invitation chairman of the Committee on Small bunch of Congressmen and their staff that I requested to become a member. Business. riding in a van across the Gobi Desert. I have been honored to attend many of Mr. MANZULLO. Madam Speaker, I It is a pretty dangerous place. the meetings in the last 6 years and thank the gentleman for yielding. It is Eventually the weather cleared up, speak at the Assembly’s European a real joy to pay tribute to a person and we got on the airplane, landed in meetings and to serve as a committee who has been a real role model, a men- Beijing, and what a great opportunity vice-chair.

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.169 H08PT1 H5398 CONGRESSIONAL RECORD — HOUSE July 8, 2004 My participation would not have tion of serving and leading the NATO Most recently, I worked with the been possible without DOUG’s support. Parliamentary Assembly delegation gentleman from Nebraska (Mr. BEREU- He reached over the magic aisle that from the United States. It has been a TER) on efforts to improve the pro- runs through the middle of the room pleasure to serve with him and to learn ficiency of Americans in foreign lan- and reached out to me with the same from him in that role. guages. I must say, it was a delightful kind of encouragement that he gave to His wife, Louise, is also a good dip- and very productive experience work- every one of the delegates, regardless lomat in the many contacts she has ing with him on that issue. of party. Like one of my district prede- had to make over the years with Mem- The House will be diminished by his cessors, Jack Brooks, the gentleman bers and their spouses, but also with departure. There are very, very few from Nebraska (Mr. BEREUTER) as members and spouses from other coun- people like the gentleman from Ne- chairman of the NATO Parliamentary tries, and she has handled this role braska (Mr. BEREUTER) here. He is in- Assembly displayed a strong belief in with grace, tact, and great care. dustrious, he is astute, he is judicious, the collaborative values that the as- Also, I have been impressed with the he is well informed. He has a very sembly stands for. He generates that gentleman from Nebraska (Mr. BEREU- broad perspective, and I mean that geo- belief among fellow Members of Con- TER) as a legislator. He has done such graphically, historically, and ideologi- gress. good work in so many different areas cally. By that I mean he is not ideo- In 2001, I was very proud to cosponsor but above all in international rela- logically entrenched. Sure, he has solid legislation that he introduced to en- tions. Frankly, my heart is broken values and is a person with integrity, large NATO as articulated by our cur- that he is leaving us, because I was but he can work with others. A word rent and past Presidents. Beyond his looking forward to the day he would that comes to mind is collegial. He is leadership in our delegation, the gen- become chairman of the Committee on not self-serving. He is about serving tleman from Nebraska (Mr. BEREUTER) International Relations, and I knew he others, his constituents, and, yes, other served as both vice president and presi- would be a superb chairman. Members of the House, junior and sen- I would also like to mention DOUG as dent of the Parliamentary Assembly ior Members. He is considerate. In a friend. He has been a good friend to representing the United States of every respect, in every circumstance, me, a confidante and an adviser. I America admirably in both rolls. in every forum, I have seen nothing but could not have had a better friend and Madam Speaker, I will certainly miss the utmost consideration from the gen- confidante to discuss issues with. He the gentleman from Nebraska (Mr. BE- always had wise advice and helpful tleman from Nebraska (Mr. BEREUTER). REUTER) and Louise when we had an op- In fact, I would say he is truly wise be- portunity of being with them, and the comments to make when I discussed with him the problems I was having on cause he understands that kindness is gentleman particularly as a Member of the Science Committee, particularly in the greatest wisdom. Congress. His efforts here will inspire dealing with recalcitrant members We all wish the gentleman from Ne- future Members to reach across the from other countries who seemed to braska (Mr. BEREUTER) and his wife, aisle and across national boundaries to enjoy making trouble more than mak- Louise, well. It is the gain of the Asia fix problems that demand collaborative ing progress. Foundation. I am sure he will con- solutions. I wish him a fond farewell With his help, I was able to serve 4 tribute a great deal there, and I am from this Chamber, and I know that years as a rappateur on the Science here to join my colleagues to say our appreciation of his service will con- Committee. The rappateur controls all thank you, DOUG, for your service to tinue long after he leaves this body. reports which come before the com- us, to the House, to your constituents, Mr. TERRY. Madam Speaker, I yield mittee, in fact has to write most of and to America at large. to the gentleman from Michigan (Mr. them, and I am currently vice chair- Mr. TERRY. Madam Speaker, I ap- EHLERS), my very professorial friend, man of the Science Committee of the preciate the gentleman coming down for his comments. NATO Parliamentary Assembly and here to speak. Mr. EHLERS. Madam Speaker, I have was asked to serve as president and de- Frankly, this is my 6th year, and we been in Congress almost 101⁄2 years, and clined with some regret simply because have seen classmates come and go; but I have enjoyed the friendship of the of my heavy workload in the Congress. I do not know if I have seen a Member EREU gentleman from Nebraska (Mr. B - I am very pleased that DOUG has fi- so balanced between Republicans and TER) almost that entire time. I have al- nally achieved the job of his dreams, to Democrats. Members have used words ways been extremely impressed with serve in this new position. He is a per- like collegial, diplomatic, intellectual, him. He is a very fine person. fect fit for the job, and the job is a per- considerate, and friend when talking Approximately a decade ago, the gen- fect fit for him. I certainly want to about the gentleman from Nebraska tleman from Nebraska (Mr. BEREUTER) wish him and Louise well as they leave (Mr. BEREUTER). And the fact is that pulled me aside in his role as leader of this area and move to San Francisco to we have already used up one full hour, the congressional delegation to NATO. take up this new position. We hate to and I too will miss the gentleman from He explained to me what the NATO see you go, DOUG and Louise; but we Nebraska (Mr. BEREUTER). What I will Parliamentary Assembly was, ex- certainly wish you well and we know miss about DOUG leaving this body is plained to me that Europeans all had you will do well as well. not only his friendship and his steady scientists serving on the Science Com- Mr. TERRY. Madam Speaker, I yield leadership and his counsel, but his mittee, but no one from the U.S. did. at this time to my classmate and good quiet sense of humor, too. He asked me to serve since I am a friend, the gentleman from New Jersey I remember the only time in 6 years physicist by training. I acquiesced (Mr. HOLT). of serving with the gentleman I heard rather reluctantly because it seemed Mr. HOLT. Madam Speaker, many of him, and it struck me as odd because like a huge assignment as a brand-new us here in the House of Representatives he almost spoke ill of someone, there is Member of Congress, but it has given woke up one day and said, say it is not a gentleman who has a particular rep- me an opportunity to come to know so, DOUG. We did not want to see him utation for harshness when he speaks, DOUG and Louise much better. go. For many Members here, it was and DOUG was speaking to me and then I would like to talk about the gen- hard to understand how someone who said, Wait, I want to listen to this per- tleman from Nebraska (Mr. BEREUTER) did the job so well would want to leave son because he sometimes is a little as a diplomat. He is a consummate dip- voluntarily, but he has so much to give too partisan when he speaks. I want to lomat. He is patient, with a calm de- and will continue to give. I have hear what he says. meanor. He is always polite, no matter worked with him on the Permanent Se- what point of view he is being forced to lect Committee on Intelligence, others b 2000 listen to. He is a careful listener. He is on the Committee on International Re- That is as bad as he has ever said a good negotiator, and a decent person, lations. We all think he would be an about anyone in this body, which is a man of integrity. All of these are outstanding committee chairman, and really rare. hallmarks of a good diplomat. DOUG one of the things we lament is he is Let me talk about the gentleman has served not only Congress but our leaving before he gets to serve in that from Nebraska (Mr. BEREUTER) as just Nation well as a diplomat in his posi- way. a person, because he was elected in 1978

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.170 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5399 at the age of 39. He and Louise had two been a little bit of home-away-from-home here tary Assembly. I have been impressed by his elementary schoolchildren, boys, Kirk in D.C. knowledge of our European allies and his and Eric. I would also like to take a moment to com- grasp of the issues the alliance faces. I have Madam Speaker, I will submit the pliment his staff. They are proud of the fact seen the ease with which he related to foreign rest of my statement in the RECORD. that even when a non-Nebraskan takes a job leaders. And I have seen the grace with which Doug Bereuter has two sons, Kirk and Eric, in their office, within a week they have them he conducts diplomacy. one daughter-in-law, and a grandson, Ethan. saying ‘‘You bet’’ and referring to ‘‘pop’’ in- On a personal note, Madam Speaker, I am Elected to Congress in November of 1978 at stead of soda. It’s little things like that which pleased that DOUG and his wife Louise will be the age of 39, Doug has served in the U.S. keeps the office in touch with Nebraska. relocating to the San Francisco Bay Area and House of Representatives longer than any citizen of the Cornhusker State. And they are loyal. Carol Lawrence, his that they will live in my district. I hope to see He’s won every election with at least 60 press secretary, who is a wonderful person them regularly and continue to benefit from percent of the vote. Last election he pulled and has helped my office out on numerous oc- their kindness and wisdom. in 85 percent of the vote. casions, has been with Doug since 1974, the I am grateful that DOUG BEREUTER has During my first term here in the House of same year my press secretary was born! given so much of his life to the people of Ne- Representatives, I was lucky enough to have Mr. UDALL of New Mexico. Madam Speak- braska and to this Nation. I wish him the best two of the most respected members of this er, I want to pay tribute today to a colleague of luck as he leaves Congress and begins the body as my seniors in the Nebraska House and good friend who will be leaving the House next chapter of his life. Delegation. Bill Barrett, who has since retired, when the 108th Congress adjourns, Rep- Mr. ROYCE. Madam Speaker, I would like and the man we’re here to honor today, DOUG resentative DOUG BEREUTER. to join my colleagues in honoring DOUG BE- BEREUTER. DOUG brings to a close an impressive ca- REUTER and commending the 13 terms he has I know everything that goes into moving a reer working for Nebraska. For 26 years DOUG served in the House of Representatives. I young family from Nebraska to Washington, has been a strong advocate for the First Con- have had the privilege of working with Con- DC. I did it myself after my first election. gressional District as well as a respected ad- gressman BEREUTER on the Financial Services Granted, even though we made our move al- vocate on foreign affairs and intelligence Committee and the International Relations most two decades later, it was still not easy. issues, especially his efforts on the NATO Committee for a number of years now. As we Eventually, my family and I left Virginia to go Parliamentary Assembly. On these crucial have heard today, he is a highly esteemed back to our home state of Nebraska, and I issues he has consistently set partisanship and respected member of these committees. travel back and forth every week. aside, rolled up his sleeves and gotten the Congressman BEREUTER has been one of But this was not always an option. When work done. the House’s resident experts on foreign policy DOUG, Louise and his elementary school-aged Not only does he retire as Nebraska’s long- matters—especially in Asia. I had the privilege boys got in the car and drove to Washington, est-serving member of the House, he has the of serving on the Asia Subcommittee when the world was a different place. The options third-longest service in Congress. He has a bi- Congressman BEREUTER served as its Chair- were limited to (a) move your entire family to partisan record and close relationship with is man and worked with him to strengthen U.S. D.C. or (b) go for weeks without seeing your constituents—nurtured at more than 900 town ties with our allies in Asia. Congressman BE- loved ones. hall meetings. His constituents kept sending REUTER and I also had a chance to travel to One thing I’ve always liked about DOUG and him back to Washington because he could be Asia together during this time. Louise is that, even though they chose option counted on to do what was right. As this House knows, Congressman BEREU- (a), they never left Nebraska behind. In 26 DOUG will next head The Asia Foundation TER’s interest in foreign affairs has not been years, DOUG has always been a true Nebras- as its new president. His leadership on the confined to Asian nations. He plays an active kan. House International Relations Committee has role in European parliamentary exchanges and Those first years, there wasn’t the direct well-prepared him for this challenging assign- serves as Chairman of the European Sub- flight from D.C. to Nebraska like there is now. ment. He brings precisely the right mix of committee with distinction. As President of the Depending on the time of day, it’s possible to qualifications: seasoned judgment, policy ex- NATO Parliamentary Assembly, Congressman be in our state in just a few hours. DOUG, dur- pertise, management acumen and well-devel- BEREUTER has highlighted the importance of ing his first years in Congress, spent many oped rapport with key Asian leaders. establishing strong transatlantic relationships nights on the floor of O’Hare, thanks to the Madam Speaker, I am honored to join my and the role of sustained and meaningful dia- weather, to make the trip to Nebraska and colleagues in wishing only the best for DOUG logue between the United States and Europe back. and Louise as they move on to the next chap- in achieving those goals. He worked diligently But he always did it, because that was what ter in their lives. to include nations like Bulgaria, Estonia, Lat- was required of him. Mrs. TAUSCHER. Madam Speaker, I rise via, Lithuania, Romania, Slovakia, and Slo- Sometimes, those sleepless nights in Chi- today to pay tribute to one of the finest mem- venia in the North Atlantic Treaty Organiza- cago were trips back for one of his many, bers of this institution, DOUG BEREUTER of Ne- tion, Congressman BEREUTER and I have been many town hall meetings. These are meetings braska. After 26 years of service DOUG is retir- encouraging greater involvement by NATO that we all do. DOUG would do between 30 ing from the House to be President of the Asia partners in promoting security in Afghanistan. and 45 town hall meetings a year. For over a Foundation, and this body will not be the Congressman BEREUTER has also proved quarter of a century. Just the thought of how same without him. himself to be an expert on intelligence mat- many people he talked with, argued with, In his time in the House of Representatives, ters. As Chairman of the Intelligence Policy laughed with at these meetings is amazing. Madam Speaker, DOUG BEREUTER has em- and National Security Subcommittee and Vice Through the years, he was also able to get bodied the best of pubic service. His commit- Chairman of the Terrorism and Homeland Se- to know the towns and cities in his district very ment to his constituents and his Nation has curity Subcommittee, he has led careful over- well. Not surprisingly, he always knows where never waivered. While staying true to his val- sight of the transformation of U.S. intelligence to get good ice cream after a town hall meet- ues, he has worked across party lines to agencies after September 11th. He has ing. achieve compromise and advance sound pub- worked hard to improve the organization and Speaking of snacks, I’m not sure if everyone lic policy. He is known on Capitol Hill as a operation of the intelligence community, en- knows that Congressman BEREUTER loves man with strong convictions but an even hance their language education and training, popcorn, exactly as a good Cornhusker stronger commitment to working in a bipar- and improve the coordination of the Federal should. While my friend and colleague may tisan, collegial manner and a dedication to Government in identifying and responding to never be known as a chef, he knows how to doing good. weak or failing countries that endanger inter- make popcorn. DOUG BEREUTER is a committed internation- national security or stability. Nebraskans have watched DOUG’s family alist who understands that in this world of ever I have long respected DOUG’s thoughtful grow up in their annual Christmas card, which increasing globalization it is essential that our and attentive manner and his focus on sub- always included a recipe and a drawing or pic- Nation maintain strong relationships around stance rather than rhetoric. When he spoke, ture by a family member. the world. DOUG has dedicated a significant people listened. This House will undoubtedly They are a part of Nebraska, just as much part of his career to improving international co- miss his presence and work. as they would be had they grown up in Lin- operation and he is know and respected Mr. SENSENBRENNER. Madam Speaker, I coln, Utica, or Oakland, Nebraska. His sons around the world. rise today to recognize the distinguished ca- looked for and found jobs in Nebraska. In this I have had the opportunity to travel with reer of Representative DOUG BEREUTER. The quarter of a century, DOUG’s office has always DOUG as a member of the NATO Parliamen- people of Nebraska’s First District wisely voted

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Mr. BEREUTER into the House of Representa- icy and legislation than scoring political points. recent BAPG trip to Ditchley Park outside Ox- tives in November of 1978, the same year I He considers each issue on the merits and ford. Louise played one song after another on was first elected to this chamber. As a mem- isn’t afraid to follow his own convictions and the piano as the rest of us struggled to sing ber of the same freshman class I got to know do what he believes is right. If DOUG proposes along. I’m afraid our vocal abilities were no Representative BEREUTER during those weeks a legislative initiative, you can count on it match for her musical skills. But it was a lot preceding our first terms. Over that period, being well-considered and carefully thought of fun, and that is how I will always think of and in the years since, I have found Con- out. DOUG and Louise—good and decent people gressman BEREUTER to be a consummate pro- Perhaps his strength of character and prin- who know how to enjoy life. fessional and a remarkable representative for cipled behavior comes from his Midwestern So I wish them well as they move to San the people of Nebraska. Nebraska roots that go back five generations. Francisco and begin this new phase of their He is the quintessential public servant, hav- He has served Nebraska and his constituents life together. DOUG can be proud of his service ing served as an officer in the United States well, never losing sight of the special needs here in the House, an I am proud to have Army, as well as various capacities within Ne- and concerns of his district. DOUG has been a served with him and to consider him a friend. braska’s State government, including service leader in many varied initiatives that have ben- f as a State Senator, prior to his election to efited his constituents and the country. He has Congress. been active in promoting a national trail pro- LEAVE OF ABSENCE Mr. BEREUTER has announced his retirement gram that improves the quality of life for all By unanimous consent, leave of ab- effective at the end of the 108th Congress. Americans. As a colleague on the Transpor- sence was granted to: During his distinguished career, Mr. BEREUTER tation and Infrastructure Committee, I know he Mr. BISHOP of Georgia (at the request has left his mark in the halls of Congress. I has been diligent in tending to the various of Ms. PELOSI) for today after 2:00 p.m. know that Congressman BEREUTER will be transportation needs of his district. While not a on account of official business in the missed in this body for the integrity with which Member of the Agriculture Committee, he district. he dealt with each person he came across nonetheless has been active in promoting pro- Mr. QUINN (at the request of Mr. during his tenure. posals to aid farmers. DELAY) for today after noon and the Madam Speaker, I join my colleagues in Just this year, the Financial Services Com- balance of the week on account of fam- congratulating Congressman BEREUTER on a mittee and the House have acted on other ini- ily medical reasons. job well done. The people of Nebraska have tiatives he has spearheaded for many years, f been well served for the past twenty-six years. including flood insurance reform and home He has served with distinction, and will retire loan guarantee programs. SPECIAL ORDERS GRANTED with the respect of his peers. Congratulations Perhaps the area for which DOUG has be- By unanimous consent, permission to and best wishes for a long and prosperous re- come most recognized here in the House and, address the House, following the legis- tirement, Congressman BEREUTER. literally, around the world is that of foreign af- lative program and any special orders Mr. BILIRAKIS. Madam Speaker, I rise fairs. He is recognized as one of the hardest heretofore entered, was granted to: today to honor a good friend and outstanding working members of the International Rela- (The following Members (at the republic servant, Congressman DOUG BEREU- tions Committee and has served admirably as quest of Mr. MCDERMOTT) to revise and TER. Chairman of the Asian Subcommittee and the extend their remarks and include ex- I have become familiar with DOUG and his Europe Subcommittee. traneous material:) work having served as a member of the U.S. For many years he was the Chairman of the Mr. SCHIFF, for 5 minutes, today. House delegation to the NATO Parliamentary House delegation to the British American Par- Ms. WOOLSEY, for 5 minutes, today. Assembly, which he chairs. I have participated liamentary Group and remains an active mem- Mr. BROWN of Ohio, for 5 minutes, in numerous congressional delegations abroad ber today. He is currently Chairman of the today. which he has led and was always impressed U.S. House Delegation to the NATO Par- Mr. DEFAZIO, for 5 minutes, today. with his knowledge of world affairs and his de- liamentary Assembly as well as President of Mr. PALLONE, for 5 minutes, today. termination to increase understanding among the NATO PA itself, positions that require Mr. LIPINSKI, for 5 minutes, today. NATO partners. countless hours of work and effort on a con- Mr. MCDERMOTT, for 5 minutes, DOUG also has been a tireless advocate for tinuing basis. He is a co-founder of the Con- today. his Cornhusker State constituents during his gressional-Executive Commission on China Mrs. JONES of Ohio, for 5 minutes, twenty-six year House tenure. He has served that was essential in winning permanent nor- today. longer than any other Nebraskan, during mal trade relations with China while ensuring Ms. WATSON, for 5 minutes, today. which time he has penned many laws to help that we continue to monitor human rights, Mr. CONYERS, for 5 minutes, today. his diverse constituency, including ones to guard against prison labor exports and put in (The following Members (at the re- promote his state’s agricultural exports, im- place other related safeguards. The many quest of Mr. PAUL) to revise and extend prove health care and child welfare, end inter- other boards, commissions and task forces he their remarks and include extraneous national hunger, and protect Native Ameri- has served on over the years are too numer- material:) cans. ous a to mention. Mr. PEARCE, for 5 minutes, today. Madam Speaker, I am proud to call DOUG While I regret DOUG leaving the House, he Mr. BRADLEY of New Hampshire, for 5 BEREUTER a friend and colleague. His constitu- is undoubtedly well suited for his next position minutes, today. ents and our country are losing an honorable as president of The Asia Foundation. He is Mr. MICA, for 5 minutes, today. and dedicated public servant, the likes of keenly aware of the increasingly important role Mr. BURGESS, for 5 minutes, today. which bring credit to this hallowed institution in of Asia and in the benefit to Asia and to the f which we are so fortunate to serve. I wish him U.S. in helping to encourage growth and pros- and his wife, Louise, health and happiness in perity from within the region. The goal of the ADJOURNMENT their future endeavors. Asian Foundation is the ‘‘development of a Mr. OSBORNE. Madam Speaker, I Mr. PETRI. Madam Speaker, I am honored peaceful, prosperous, and open Asia-Pacific move that the House do now adjourn. to participate in this special order recognizing region.’’ It accomplishes this through sup- The motion was agreed to; accord- the many years of dedicated service to the 1st porting programs that help improve govern- ingly (at 8 o’clock and 1 minute p.m.), District of Nebraska and to our country by our ance, economic reform and development, in- the House adjourned until tomorrow, good friend and colleague, DOUG BEREUTER. creased participation of women, and other in- Friday, July 9, 2004, at 9 a.m. DOUG is one of the hardest working, dedi- ternal reforms. I know all of these are prin- f cated and principled Members to serve in this ciples that DOUG shares, and he will provide House. In his quiet way, he has successfully strong and steady guidance to the organiza- EXECUTIVE COMMUNICATIONS, worked to bring about significant reforms and tion. ETC. accomplishments in many areas. Through it I would be remiss if I didn’t note another im- Under clause 8 of rule XII, executive all, he has done so with the highest moral portant ingredient to DOUG’s—success—lovely communications were taken from the character, unquestioned integrity, and has wife Louise. An accomplished artist and musi- Speaker’s table and referred as follows: been true to his convictions. DOUG has been cian, Louise has been a loyal and steadfast 8957. A letter from the Principal Deputy an example to us all by working in an effective partner as DOUG has faced his many respon- Under Secretary for Personnel and Readi- and bipartisan manner, more interested in pol- sibilities. I will long remember one night on a ness, Department of Defense, transmitting

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.076 H08PT1 July 8, 2004 CONGRESSIONAL RECORD — HOUSE H5401 Authorization of Major General Henry A. Authorization of Rear Admiral (lower half) ment, Food and Drug Administration, and Obering, United States Air Force, to wear James G. Stavridis, United States Navy, to Related Agencies for the fiscal year ending the insignia of lieutenant general in accord- wear the insignia of vice admiral in accord- September 30, 2005, and for other purposes ance with title 10, United States Code, sec- ance with title 10, United States Code, sec- (Rept. 108–591). Referred to the House Cal- tion 777; to the Committee on Armed Serv- tion 777; to the Committee on Armed Serv- endar. ices. ices. Mr. HASTINGS of Washington: Committee 8958. A letter from the Principal Deputy 8968. A letter from the Regulations Coordi- on Rules. House Resolution 711. Resolution Under Secretary for Personnel and Readi- nator, Department of Health and Human providing for consideration of the bill (H.R. ness, Department of Defense, transmitting Services, transmitting the Department’s 2828) to authorize the Secretary of Interior Authorization of Rear Admiral James M. final rule—Health Care Fraud and Abuse to implement water supply technology and Zortman, United States Navy, to wear the Data Collection Program: Technical Revi- infrastructure programs aimed at increasing insignia of vice admiral in accordance with sions to Healthcare Integrity and Protection and diversifying domestic water resources title 10, United States Code, section 777; to Data Bank Data Collection Activities (RIN: (Rept. 108–592). Referred to the House Cal- the Committee on Armed Services. 0991–AB31) received June 18, 2004, pursuant to endar. 8959. A letter from the Principal Deputy 5 U.S.C. 801(a)(1)(A); to the Committee on f Under Secretary for Personnel and Readi- Energy and Commerce. ness, Department of Defense, transmitting 8969. A letter from the Assistant General PUBLIC BILLS AND RESOLUTIONS Authorization of Rear Admiral Jonathan W. Counsel for Regulatory Services, Depart- Under clause 2 of rule XII, public Greenert, United States Navy, to wear the ment of Education, transmitting the Depart- bills and resolutions were introduced insignia of vice admiral in accordance with ment’s final rule—Privacy Act Regulations— and severally referred, as follows: title 10, United States Code, section 777; to received June 17, 2004, pursuant to 5 U.S.C. the Committee on Armed Services. 801(a)(1)(A); to the Committee on Govern- By Mr. WELDON of Florida (for him- 8960. A letter from the Principal Deputy ment Reform. self and Mr. DOYLE): Under Secretary for Personnel and Readi- 8970. A letter from the Assistant General H.R. 4779. A bill to amend the Public ness, Department of Defense, transmitting Counsel for Regulatory Services, Depart- Health Service Act to provide for clinical re- Authorization of Major General Russel L. ment of Education, transmitting the Depart- search support grants, clinical research in- Honore, United States Army, to wear the in- ment’s final rule—Participation in Edu- frastructure grants, and a demonstration signia of the grade of lieutenant general in cation Department Programs by Religious program on partnerships in clinical research, accordance with title 10, United States Code, Organizations; Providing for Equal Treat- and for other purposes; to the Committee on section 777; to the Committee on Armed ment of All Education Program Participants Energy and Commerce. Services. (RIN: 1890–AA11) received June 17, 2004, pur- By Mr. DEFAZIO: 8961. A letter from the Principal Deputy suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4780. A bill to require the United Under Secretary for Personnel and Readi- mittee on Government Reform. States Trade Representative to pursue a ness, Department of Defense, transmitting 8971. A letter from the Regulations Ana- complaint of anti-competitive practices Authorization of Lieutenant General Rich- lyst, Transportation Security Administra- against certain oil exporting countries; to ard A. Cody, United States Army, to wear tion, Department of Homeland Security, the Committee on Ways and Means. the insignia of the grade of general in ac- transmitting the Department’s final rule— By Ms. BORDALLO (for herself, Mrs. cordance with title 10, United States Code, Privacy Act of 1974: Implementation of Ex- CHRISTENSEN, Mr. FALEOMAVAEGA, section 777; to the Committee on Armed emption [Docket No. TSA–2003–15900] (RIN: and Mr. ACEVEDO-VILA): H.R. 4781. A bill to amend titles XVIII and Services. 1652–AA28) received June 24, 2004, pursuant to XIX of the Social Security Act to provide for 8962. A letter from the Principal Deputy 5 U.S.C. 801(a)(1)(A); to the Committee on equitable treatment of residents of terri- Under Secretary for Personnel and Readi- Government Reform. tories with respect to transitional assistance ness, Department of Defense, transmitting 8972. A letter from the Deputy Archivist of and low-income subsidies under the Medicare Authorization of Major General Carl A. the United States, National Archives and prescription drug benefit program; to the Strock, United States Army, to wear the in- Records Administration, transmitting the Committee on Energy and Commerce, and in signia of the grade of lieutenant general in Administration’s final rule—Revision of addition to the Committee on Ways and accordance with title 10, United States Code, NARA Research Room Procedures (RIN: Means, for a period to be subsequently deter- section 777; to the Committee on Armed 3095–AB10) received June 30, 2004, pursuant to mined by the Speaker, in each case for con- Services. 5 U.S.C. 801(a)(1)(A); to the Committee on 8963. A letter from the Principal Deputy sideration of such provisions as fall within Government Reform. Under Secretary for Personnel and Readi- the jurisdiction of the committee concerned. 8973. A letter from the Deputy Archivist of ness, Department of Defense, transmitting By Mr. CARSON of Oklahoma: the United States, National Archives and Authorization of Major General Michael W. H.R. 4782. A bill to designate the facility of Records Administration, transmitting the Wooley, United States Air Force, to wear the the United States Postal Service located at Administration’s final rule—Restrictions on insignia of the grade of lieutenant general in 120 East Illinois Avenue in Vinita, Okla- the Use of Records (RIN: 3095–AB11) received accordance with title 10, United States Code, homa, as the ‘‘Francis C. Goodpaster Post June 30, 2004, pursuant to 5 U.S.C. section 777; to the Committee on Armed Office Building‘‘; to the Committee on Gov- 801(a)(1)(A); to the Committee on Govern- Services. ernment Reform. ment Reform. 8964. A letter from the Principal Deputy By Mr. CARSON of Oklahoma: 8974. A letter from the Group Manager, Under Secretary for Personnel and Readi- H.R. 4783. A bill to adjust the boundaries of Regulatory Affairs, Department of the Inte- ness, Department of Defense, transmitting the Ouachita National Forest in the States rior, transmitting the Department’s final Authorization of Lieutenant General Paul V. of Oklahoma and Arkansas; to the Com- rule—Location, Recording, and Maintenance Hester, United States Air Force, to wear the mittee on Resources. of Mining Claims or Sites [WO–320–1430–00–24 insignia of the grade of general in accord- By Ms. DELAURO: 1A] (RIN: 1004–AD62) received July 1, 2004, ance with title 10, United States Code, sec- H.R. 4784. A bill to provide a grant program pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion 777; to the Committee on Armed Serv- to support the establishment and operation mittee on Resources. ices. of Teachers Institutes; to the Committee on 8965. A letter from the Principal Deputy 8975. A letter from the Acting General Education and the Workforce. Under Secretary for Personnel and Readi- Counsel/FEMA, Department of Homeland Se- By Mr. HULSHOF (for himself, Mr. curity, transmitting the Department’s final ness, Department of Defense, transmitting BOSWELL, Mrs. EMERSON, Mr. GUT- rule—Disaster Assistance Definitions; Statu- Authorization of Major General Jeffrey B. KNECHT, Mr. LEACH, Mr. SHIMKUS, Mr. tory Change (RIN: 1660–AA19) received May Kohler, United States Air Force, to wear the LAHOOD, Mr. COSTELLO, Mr. MAN- 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to insignia of the grade of lieutenant general in ZULLO, Mr. JOHNSON of Illinois, Mr. the Committee on Transportation and Infra- accordance with title 10, United States Code, EVANS, Mr. AKIN, Mr. SKELTON, Mr. structure. section 777; to the Committee on Armed NUSSLE, Mr. PETERSON of Minnesota, Services. f Mr. WELLER, Mr. LATHAM, and Mr. 8966. A letter from the Principal Deputy KING of Iowa): Under Secretary for Personnel and Readi- REPORTS OF COMMITTEES ON H.R. 4785. A bill to enhance navigation ca- ness, Department of Defense, transmitting PUBLIC BILLS AND RESOLUTIONS pacity improvements and the ecosystem res- Authorization of Major General John F. Under clause 2 of rule XIII, reports of toration plan for the Upper Mississippi River Regni, United States Air Force, to wear the committees were delivered to the Clerk and Illinois Waterway System; to the Com- insignia of the grade of lieutenant general in mittee on Transportation and Infrastruc- accordance with title 10, United States Code, for printing and reference to the proper ture. section 777; to the Committee on Armed calendar, as follows: By Mr. PALLONE: Services. Mr. LINDER: Committee on Rules. House H.R. 4786. A bill to provide grants to tribes 8967. A letter from the Principal Deputy Resolution 710. Resolution providing for con- to assist those tribes in participating in the Under Secretary for Personnel and Readi- sideration of the bill (H.R. 4766) making ap- Federal acknowledgement process; to the ness, Department of Defense, transmitting propriations for Agriculture, Rural Develop- Committee on Resources.

VerDate May 21 2004 04:41 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\L08JY7.000 H08PT1 H5402 CONGRESSIONAL RECORD — HOUSE July 8, 2004

By Mr. ROGERS of Michigan: H.R. 3148: Mr. PASTOR, Ms. ROYBAL-AL- H. Res. 695: Mrs. WILSON of New Mexico, H.R. 4787. A bill to amend title 18, United LARD, Ms. LEE, Mr. GONZALEZ, Mr. WOLF, Mr. Mr. RYAN of Ohio, and Mr. PORTMAN. States Code, to prohibit the sale to, and pos- CUMMINGS, Mr. TERRY, Mr. KENNEDY of H. Res. 702: Mrs. MILLER of Michigan, Mr. session by, unauthorized users of traffic sig- Rhode Island, and Mr. HOBSON. UPTON, Mr. LEVIN, Mr. MCCOTTER, Mr. CON- nal preemption transmitters, and for other H.R. 3194: Mr. FRANK of Massachusetts. YERS, Mr. ROGERS of Alabama, Mr. CAMP, Mr. purposes; to the Committee on the Judici- H.R. 3201: Mr. PLATTS. KILDEE, Mr. SMITH of Michigan, Ms. KIL- ary. H.R. 3308: Mr. SHIMKUS. PATRICK, Mr. HOEKSTRA, Mr. KNOLLENBERG, By Mr. WU: H.R. 3324: Mr. ANDREWS. Mr. STUPAK, and Mrs. BONO. H.R. 4788. A bill to provide grants to States H.R. 3337: Mr. KUCINICH and Mr. ANDREWS. H. Res. 703: Mr. ENGLISH. for tuition assistance for undergraduate H.R. 3474: Mr. SCHROCK, Mr. DAVIS of Illi- nois, and Ms. HERSETH. studies for members of the Selected Reserve f at public institutions of higher learning; to H.R. 3545: Ms. KAPTUR. the Committee on Education and the Work- H.R. 3593: Mr. UDALL of New Mexico. force. H.R. 3634: Mr. MCGOVERN. AMENDMENTS By Mr. EMANUEL (for himself, Mr. H.R. 3683: Ms. WATSON, Mr. FATTAH, Mr. BROWN of Ohio, Ms. LEE, and Mr. MCNULTY. Under clause 8 of rule XVIII, pro- HYDE, and Mr. FOLEY): H. Con. Res. 470. Concurrent resolution rec- H.R. 3755: Mr. WEINER. posed amendments were submitted as H.R. 3765: Mr. RANGEL and Ms. LEE. ognizing the 60th anniversary of the Warsaw follows: H.R. 4016: Mr. KILDEE. Uprising during World War II; to the Com- H.R. 4754 H.R. 4035: Mr. JACKSON of Illinois and Mr. mittee on International Relations. DAVIS of Illinois. OFFERED BY: MR. SHERMAN f H.R. 4057: Mr. MCKEON. AMENDMENT NO. 32: At the end of the bill H.R. 4067: Mr. MICHAUD and Mr. JACKSON of (before the short title), insert the following PRIVATE BILLS AND Illinois. new title: RESOLUTIONS H.R. 4093: Mr. FROST. TITLE VIII—ADDITIONAL GENERAL H.R. 4126: Mr. SAM JOHNSON of Texas. Under clause 3 of rule XII, PROVISIONS H.R. 4217: Mr. PLATTS. Mr. FRANK of Massachusetts introduced a H.R. 4225: Mr. WELLER. SEC. 801. None of the funds made available bill (H.R. 4789) for the relief of Veronica H.R. 4234: Mr. UDALL of Colorado. in this Act to the Department of Justice Mitina Haskins; which was referred to the H.R. 4340: Mr. JENKINS. may be used to implement, litigate or defend Committee on the Judiciary. H.R. 4350: Ms. HERSETH. the legality of, or enforce the regulations f H.R. 4356: Ms. HERSETH, Mr. DEFAZIO, and prescribed by the Comptroller of the Cur- Ms. EDDIE BERNICE JOHNSON of Texas. rency and published in the Federal Register ADDITIONAL SPONSORS H.R. 4358: Mr. LEVIN. on January 13, 2004, at 69 Fed. Reg. 1895—1904 H.R. 4390: Ms. BERKLEY, Mr. COOPER, Ms. (relating to the scope of visitorial powers of Under clause 7 of rule XII, sponsors DELAURO, Mr. ETHERIDGE, Mr. FARR, Mr. the Comptroller of the Currency) and at 69 were added to public bills and resolu- HOEFFEL, Ms. KAPTUR, Ms. KILPATRICK, Ms. Fed. Reg. 1904—1917 (relating to applicability tions as follows: LEE, Mr. MCDERMOTT, Mr. MCGOVERN, Mrs. and preemption of State law with respect to H.R. 97: Mr. BROWN of South Carolina, Ms. MALONEY, Ms. NORTON, Mr. OBERSTAR, Mr. national bank operations). VELA´ ZQUEZ, and Mr. LIPINSKI. STRICKLAND, Mr. SNYDER, Mr. TAYLOR of Mis- H.R. 4754 H.R. 99: Mr. COLE. sissippi, Mr. TOWNS, Mr. UDALL of Colorado, OFFERED BY: MR. WEINER H.R. 107: Mr. LEWIS of Georgia and Mr. and Mr. WAXMAN. MCGOVERN. H.R. 4431: Mr. REYES. AMENDMENT NO. 33: At the end of the bill H.R. 290: Ms. Herseth. H.R. 4454: Mr. CUNNINGHAM and Mr. (before the short title), insert the following: H.R. 391: Mr. DREIER and Mr. WHITFIELD. HASTINGS of Washington. TITLE VIII—ADDITIONAL GENERAL H.R. 466: Ms. BALDWIN. H.R. 4469: Mrs. LOWEY. PROVISIONS H.R. 4479: Mr. RANGEL. H.R. 717: Mr. SMITH of Washington. SEC. 801. None of the funds made available H.R. 4533: Mrs. CUBIN. H.R. 729: Ms. MAJETTE. in this Act may be used in contravention of H.R. 734: Mr. DOGGETT. H.R. 4586: Mr. BLUNT. SRAEL LAY OM the provisions of section 214(d) of the For- H.R. 785: Mr. JENKINS. H.R. 4595: Mr. I , Mr. C , Mr. T AVIS OHN eign Relations Authorization Act, Fiscal H.R. 806: Mr. SHIMKUS. D of Virginia, Mr. J , and Mr. EUTSCH Year 2003 (Public Law 107–228). H.R. 819: Mrs. CHRISTENSEN. D . H.R. 4610: Mrs. CHRISTENSEN, Mr. H.R. 4766 H.R. 890: Ms. ROS-LEHTINEN. HAYWORTH, and Mr. MCCOTTER. H.R. 1052: Ms. SLAUGHTER and Mr. WEXLER. OFFERED BY: MS. KAPTUR H.R. 4622: Mr. ISSA. H.R. 1083: Mr. LEVIN. AMENDMENT NO. 1: Add at the end (before H.R. 4662: Mr. HOSTETTLER. H.R. 1157: Mr. BRADY of Pennsylvania and H.R. 4671: Ms. LOFGREN, Mr. WEINER, Mr. the short title), the following new section: Mr. FATTAH. MEEHAN, and Ms. BALDWIN. SEC. 7ll. The amounts otherwise provided H.R. 1225: Mr. NETHERCUTT. H.R. 4679: Mr. DELAHUNT and Mr. MILLER of by this Act are revised by reducing the H.R. 1229: Mr. EHLERS. North Carolina. amount made available under title I for H.R. 1406: Mr. RAMSTAD and Mr. H.R. 4701: Mr. SERRANO, Mr. OWENS, Mr. ‘‘COMMON COMPUTING ENVIRONMENT’’ and by NETHERCUTT. KUCINICH, Mr. BERMAN, and Mr. RANGEL. increasing the amounts made available H.R. 1421: Mr. RENZI. H.R. 4746: Mr. KUCINICH. under title I for ‘‘MARKETING SERVICES’’ and H.R. 1422: Mr. NORWOOD and Mr. NEAL of H.R. 4758: Ms. CORRINE BROWN of Florida ‘‘LIMITATION ON ADMINISTRATIVE EXPENSES’’ Massachusetts. and Mr. DAVIS of Florida. under the heading ‘‘AGRICULTURAL MAR- H.R. 1477: Mr. FATTAH and Mr. MCNULTY. H.R. 4769: Mr. MORAN of Virginia, Ms. KETING SERVICE’’ (for the Farmers Market H.R. 1563: Mr. PLATTS. MAJETTE, and Mr. UDALL of New Mexico. Promotion Program and administrative ex- H.R. 1639: Mr. FILNER. H.R. 4772: Mr. HOYER, Mr. MATSUI, Mr. penses related to such program), by ´ H.R. 1861: Ms. LINDA T. SANCHEZ of Cali- HINOJOSA, Mr. GORDON, and Mr. MORAN of $6,000,000, $6,000,000, and $250,000, respec- fornia. Virginia. tively. H.R. 1935: Mr. WEXLER. H.R. 4776: Mr. FROST. H.R. 4766 H.R. 2011: Mrs. WILSON of New Mexico. H. Con. Res. 456: Mr. KILDEE. OFFERED BY: MS. KAPTUR H.R. 2107: Ms. SLAUGHTER. H. Con. Res. 467: Mr. BLUMENAUER, Mr. H.R. 2173: Mr. DAVIS of Florida, Mr. SIM- HOLT, Ms. BERKLEY, Mrs. JONES of Ohio, Mr. AMENDMENT NO. 2: In title I, under the MONS, and Mr. TOWNS. MCNULTY, Ms. MCCOLLUM, and Mr. ENGEL. heading ‘‘COMMON COMPUTING ENVIRONMENT’’, H.R. 2187: Mr. VAN HOLLEN. H. Con. Res. 469: Mr. WEXLER, Ms. BERK- insert after the dollar amount the following: H.R. 2203: Mr. FRANK of Massachusetts. LEY, Mr. NADLER, Mr. KING of New York, Mr. ‘‘(reduced by $6,000,000)’’. H.R. 2233: Mrs. DAVIS of California. TOWNS, Mr. WILSON of South Carolina, and In title I, under the headings ‘‘AGRICUL- H.R. 2239: Ms. LINDA T. SA´ NCHEZ of Cali- Mrs. JO ANN DAVIS of Virginia. TURAL MARKETING SERVICE-MARKETING fornia. H. Res. 596: Mr. MILLER of Florida. SERVICES’’, insert after the dollar amount H.R. 2504: Mr. FILNER. H. Res. 646: Ms. NORTON. the following: ‘‘(increased by $6,000,000)’’. H.R. 2821: Mr. BOEHLERT and Mr. FILNER. H. Res. 666: Mr. MEEKS of New York. In title I, under the headings ‘‘AGRICUL- H.R. 2823: Mr. HYDE. H. Res. 688: Mr. SESSIONS. TURAL MARKETING SERVICE-LIMITATION H.R. 2885: Mr. SIMMONS. H. Res. 690: Mr. BERMAN, Mr. MARKEY, Mr. ON ADMINISTRATIVE EXPENSES’’, insert after H.R. 2895: Mr. PITTS. ACKERMAN, Mr. FRANK of Massachusetts, and the dollar amount the following: ‘‘(increased H.R. 2944: Mr. MILLER of Florida. Ms. BALDWIN. by $250,000)’’.

VerDate May 21 2004 05:48 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\L08JY7.100 H08PT1 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, JULY 8, 2004 No. 93 Senate The Senate met at 10 a.m. and was and the second 30 minutes under the countable, Flexible, and Efficient called to order by the President pro control of the Democratic leader or his Transportation Equity Act. It was tempore (Mr. STEVENS). designee. passed by an overwhelming, bipartisan f vote of 76 to 21. The Senate bill would PRAYER authorize $318 billion over 6 years and RECOGNITION OF THE MINORITY is revenue-neutral. It is fully paid for The Chaplain, Dr. Barry C. Black, of- LEADER fered the following prayer: and does not increase gas taxes. O God, the King of Glory, Your never The PRESIDENT pro tempore. The Nearly 400 organizations, rep- failing providence sets in order all Democratic leader is recognized. resenting the full spectrum of trans- things both in Heaven and Earth. You f portation interests, all support the give comfort to all who seek You. You THE TRANSPORTATION BILL Senate funding level. The Chamber of Commerce, the Asso- have promised to supply all our needs Mr. DASCHLE. Mr. President, this with riches from Your celestial bounty. ciated General Contractors, the gov- week we have been talking about a fun- ernors, the State legislators—the list You are at work in the events of our damental standard to guide our debates goes on and on. All attest to the need lives, bringing melody from cacophony in the Senate. for this kind of infrastructure invest- and unity from division. As we do our work, we need to ask a Bless our Senators as they trust Your simple question: ‘‘Are we doing right ment. The Senate bill would create over 1.7 mighty power. Bless, also, the members by America?’’ We need to ask that of their families who support them in question on policies affecting farmers, million jobs—new, good jobs for the their arduous work. Remind each of us seniors, and veterans. And we always millions of Americans who are looking that righteousness is the only true na- need to ask whether we are doing right for work. In my State, the Senate bill tional defense. by American families when it comes to would create over 6,500 jobs. It would O God, we wait for You to answer and economic policies. also provide for important transpor- trust You with our future. Help us to While the economy has finally start- tation needs on our rural roads and Na- live by faith, so that we are acceptable ed adding jobs these past few months, tive American reservations, and would to You. May the lives we live tell the this comes after 21⁄2 years in which the allow us to move forward with high- world of Your marvelous deeds. economy lost jobs every month. What priority projects in towns like Sioux Amen. is clear to many of us is that we still Falls, Rapid City, Yankton, and Pierre. These are important projects that sim- f have a long way to go, and we need to do more to help improve our economy. ply will not get completed without the PLEDGE OF ALLEGIANCE That is one of the main reasons it is so assistance of the Federal Government. The PRESIDENT pro tempore led the unfortunate that we have not com- One might ask: ‘‘What was the Bush Pledge of Allegiance, as follows: pleted the long-overdue transportation administration’s response to the Sen- I pledge allegiance to the Flag of the reauthorization bill—legislation that ate’s bipartisan job-creating bill?’’ United States of America, and to the Repub- expired at the end of last September. Their response has been, a veto lic for which it stands, one nation under God, The ability to plan how roads and threat—hardly the answer that Repub- indivisible, with liberty and justice for all. bridges will be built has suffered great- licans and Democrats alike were hop- f ly due to Congress’s failure to get this ing for; hardly the response that the bill completed on time. Well over economy needs; and hardly the re- RESERVATION OF LEADER TIME 100,000 jobs have been lost due to this sponse that the infrastructure deficit The PRESIDENT pro tempore. Under delay. And each month that we do not we have in this country cries out for. the previous order, the leadership time complete our work brings more job Fast forward to April 2. After a bi- is reserved. losses. partisan House plan to offer a bill at a f Job creation will suffer, too—in $375 billion level was scuttled by the South Dakota and across the country. Bush administration and the Repub- MORNING BUSINESS In my State, because our construction lican House leadership, the House The PRESIDENT pro tempore. Under season is short, there is not enough passed H.R. 3550, the Transportation the previous order, there will be a pe- time to plan ahead and put people to Equity Act. This bill authorizes only riod for the transaction of morning work, even if we passed a bill today. $284 billion over 6 years, and is not business for up to 60 minutes, with the But we will not pass a bill today. fully paid for. Again, one might ask: first 30 minutes under the control of Earlier this year, on February 12, the ‘‘What was the Bush administration’s the majority leader or his designee, Senate passed S. 1072, the Safe, Ac- response to the House bill?’’ If it did

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

S7775

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7776 CONGRESSIONAL RECORD — SENATE July 8, 2004 not like the original bipartisan House the President know, that we cannot af- The PRESIDING OFFICER (Ms. MUR- proposal at $375 billion, and it did not ford to fail when it comes to this im- KOWSKI). Without objection, it is so or- like the bipartisan Senate bill at $318 portant bill. dered. billion, how about the reduced bipar- We can do better, and I remain hope- f tisan House bill at $284 billion? The an- ful that the President will confront the THE ECONOMY swer was another veto threat. challenge, reverse his continued oppo- Again, hardly the answer that House sition, and join the Senate in sup- Mr. BENNETT. Madam President, and Senate Republicans and Democrats porting a transportation bill that one of the things that has struck me were hoping for from their President makes sense for our country. since I have been in the Senate is that and hardly the response the economy Mr. President, I also want to address during debate in the Senate, particu- needs. a concern that many of us expressed larly during morning business, Sen- Fast forward one more time to June yesterday about our current cir- ators seem to have no sense of history. 23, when the Senate conferees voted in cumstances, procedurally and They seem to create a crisis out of the the conference committee meeting parliamentarily. moment and have no sense of placing with the House to resolve the dif- The majority leader threw down the their statements in any kind of his- ferences between the two bills. The gauntlet again last night in a very un- toric context. This is an opportunity Senate made a formal offer to the fortunate decision. That decision, of for missing what really is happening. If House in the amount of $318 billion and course, was to file cloture. Having you do not place something in its con- requested that the House respond to filled the tree, which means not only text, you do not understand it prop- the offer at the next meeting on July 7. are Senate Democrats precluded from erly. For that reason, I have decided to So, yesterday, after 2 weeks’ time, the offering amendments before we have talk a little bit about the debates that House and Senate met again. There had even offered the first amendment or have been going on with respect to the been hopeful signs that the House con- had one vote, it is now the majority’s economy, where the economy is, where ferees might be prepared to accept the decision to thwart the effort to have the economy is going. Senate’s funding level, and many of us the kind of debate that all of us antici- Let me take listeners back to the thought we might have a breakthrough pated on class action and, simply said, election of 1992. I have particular focus that would move the bill forward. But we will have wasted an entire week in there because that is the election in what did we hear yesterday? The House what is a very limited legislative pe- which I was first chosen to come to the was not yet prepared to respond to the riod to begin with. Senate. During that election, there was Senate’s offer. There is no question the cloture vote a lot of conversation about the econ- What is clear to many of us is that will be defeated. We will have wasted omy. We were in a recession, everybody unless the White House and the Repub- that week. We could have disposed of said. We are in a terrible slowdown, ev- lican leadership in the House release most of the amendments by now. Most erybody said. In fact, as we now know, their stranglehold on House conferees, of my colleagues had already expressed looking at it in historic context, things we will not have a transportation bill to me a willingness to offer their were on the rise. There had, in fact, this year. amendments with very short time lim- been a recession, but we were in recov- Transportation has almost always its. How ironic that in the name of sav- ery during the election of 1992. It just been—and has been in the Senate again did not feel like a recovery. this year—a bipartisan priority. Chair- ing time we have wasted time. I made a legitimate and bona fide That is one of the historic lessons we man INHOFE has done a superb job of should all learn. The sense of where we guiding the bill forward. But he cannot heartfelt offer yesterday that we limit Democratic nonrelevant amendments are is almost always lagging events. do it alone. That is, we have a feel that we are in I remain hopeful that the Bush ad- to 5, relevant amendments to 10. I a recession when, in fact, we are in a ministration will realize that our econ- thought it was an interesting jux- recovery. On the flip side of that, we omy, our infrastructure, and American taposition—the majority leader actu- can have a feel that we are in a recov- families need and deserve a good trans- ally offered an unlimited list of rel- ery when we are, in fact, in a recession. portation bill, a bill that will create evant amendments which would have It is because things take a little while good jobs and provide the investments prolonged debate perhaps for weeks if to sink into the consciousness even in our Nation’s infrastructure that are that had been agreed to. though they are going on in reality. so desperately needed. We have made a good-faith offer. I We need more than a President who am troubled and again frustrated that In 1992, then-Governor Clinton and I, simply says ‘‘no’’—a President who we have come to this point. We have running, obviously, for different of- says he will veto a final transportation wasted a week. We will waste many fices, both were faced with an elec- bill with either the Senate or the more days, if not weeks, in the future torate that felt the economy was in House spending levels. with this practice. We have learned trouble. We both talked about what we By continuing to say ‘‘no,’’ the Presi- from the past how unproductive these needed to do to get the economy out of dent jeopardizes 1.7 million new jobs in approaches to debate can be. It is too trouble. Then, when the normal course our Nation and 6,500 jobs in South Da- bad we have to learn all over. of the business cycle brought the econ- kota alone. He puts at risk necessary I yield the floor. omy back, the temptation on the part improvements for rural and Native The PRESIDENT pro tempore. The of all politicians was to take credit for American roads. Senator from Utah. that, as if the recovery that was taking Next Tuesday, there will be another Mr. REID. Mr. President, will the place in 1993 and 1994 occurred solely meeting of the conferees. I hope this Senator from Utah yield for a unani- because we had been elected. That is critical issue of the investment level mous consent request? very satisfying for a politician to want will be resolved, and that we can get on Mr. BENNETT. I am happy to. to do. It does not happen to be intellec- with the business the American people f tually accurate, but it is something ev- expect us to conduct. If we ask our- erybody does. selves, Are we doing right by America ORDER OF PROCEDURE As I say, I was elected in 1992. In 1993, on this transportation bill? The answer Mr. REID. First of all, I ask consent I joined the Banking Committee. As a is that the Senate has done right. The morning business be extended 5 min- member of the Banking Committee, I House has made a start. But, unfortu- utes on each side. had the occasion to listen to the Chair- nately, without the President’s con- The PRESIDENT pro tempore. With- man of the Federal Reserve Board structive participation, we cannot out objection, it is so ordered. when he came before the Banking Com- complete the assignment. We will not Mr. REID. Mr. President, I ask on the mittee to make his report on the state have a transportation bill. We will not Democratic side, when our time occurs of the economy. I remember very clear- create needed jobs. We will be failing in half an hour, that Senator HARKIN ly because the Chairman of the Federal the American people. be given 15 minutes, Senator LAUTEN- Reserve Board, Alan Greenspan, had I urge all Americans to let their Rep- BERG 10 minutes, and Senator CANT- been appointed by a Republican Presi- resentatives in the House know, and let WELL 10 minutes. dent and was viewed as a Republican

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7777 holdover, some of the Democratic mously strong economy we were hav- tremendous number of jobs. In March, members of the Banking Committee ing. April, and May of 2004, we added more were very critical of him at the time. Looking back on it now, we know jobs than were lost in that cor- They said: If this is a recovery—voices that the President who was elected in responding 3-month period following 9/ dripping with sarcasm—where are the 2000 inherited a slowing economy head- 11. jobs? I remember charts being held up ed toward recession, in contrast to the So now we do not hear about the job- in the Banking Committee to confront President who was elected in 1992, who less recovery any more. Now the rhet- Alan Greenspan to say, if it is a recov- inherited a strong recovery headed to- oric has shifted to ‘‘the middle-class ery at all, it is a jobless recovery. ward a period of great growth. Natu- squeeze.’’ I heard one Senator on the Where are the jobs? Greenspan was sub- rally, in the political world, that Presi- Senate floor stand here and say: Prop- jected to heavy criticism from Demo- dent was blamed for that slowdown. It erty taxes in my State have gone up so cratic members of the Banking Com- all happened on his watch, so it was all high the middle class cannot handle mittee because somehow it must be his his fault. it—to which I want to say, you mean fault that there was a jobless recovery. Interestingly enough, I recall that in George W. Bush is responsible for the Looking back, again in the context of the election of 2000, there was one can- fact that property values in your State history, we know that the creation of didate who spoke of the coming slow- have gone up, and your State legisla- jobs is always what the economists call down, and he was attacked for trying ture has responded to that by reas- a lagging indicator. That is, a recovery to talk down the economy for political sessing property and raising property starts; it takes hold; the jobs that had purposes. That was Governor George taxes in your State? That is the Presi- been lost in a recession are always the W. Bush of Texas, holder of a Harvard dent’s fault? last thing to come back in a recovery. MBA, who could see the signs that this Well, in today’s political atmosphere, The jobs started to come back in slowdown was coming and talked about of course, it is the President’s fault. 1994, in 1995. The Clinton administra- it during the campaign, only to be at- Anything that happens is the Presi- tion took credit for that: We did it; the tacked by his political opponents for dent’s fault. only reason the jobs came back is be- his pessimism. The point I want to make is, in his- cause Bill Clinton was elected Presi- But he inherited a slowing economy, toric terms, just as President Clinton dent in 1992. The Republicans had an a slowdown that started in 2000. The inherited an economy that was on the answer to that: No, we did it; the only GDP went negative in the first quarter rise because of forces that were in reason the jobs came back is because of 2001 and hit its worst point in the place prior to his election, just as Newt Gingrich became Speaker in 1995. third quarter of 2001, simultaneous President Bush inherited an economy In fact, of course, the business cycle with September 11 and the hit that where the forces were on the decline was well entrenched, the recovery was gave to the economy. prior to his election, the next Presi- underway, and the jobs came back, So we did have a recession. It was ad- dent, the one who will be inaugurated probably without regard to who was vertised and forecast by the economic on January 20, 2005—whoever he may President or who was Speaker. It was information that preceded it, and the be—will inherit an economy that is part of the standard business cycle. President and the Congress have been strongly on the rise where all of the Then we got into that period of struggling with that recession and the economic indicators are up and where boom, and everybody was excited that recovery that has followed ever since. the groundwork for a significant period the boom was going to go on forever. I It is interesting to me that even of growth and prosperity has already remember asking Alan Greenspan in though that recession was shorter and been laid. Whoever that President is one of his other appearances before the shallower than the recession that had will take credit for that growth, even Banking Committee, as we were talk- occurred 8 or 9 years before, the rhet- though the groundwork for it has been ing about the continual rise in the oric on the Senate floor referred to it laid prior to his inauguration. economy: Mr. Chairman, have we reas ‘‘the worst economy in 50 years.’’ We Now, I will say that if that President pealed the business cycle? Is the busi- were told this President was ‘‘the worst is George W. Bush, he might be entitled ness cycle over, and we are never going President since Herbert Hoover.’’ No to some of that credit. But the fact is, to have another recession? sense of history, no understanding of the combination of the actions in mon- Chairman Greenspan smiled that wry the reality, no connection with the real etary policy by the Federal Reserve smile of his and said: No, Senator, we data—but that kind of rhetoric has Board and in fiscal policy by the Con- have not repealed the business cycle, been used on the floor of the Senate. gress of the United States has been re- and there will be a correction, a reces- It is also interesting that the same sponsible for creating the atmosphere sion—call it what you will—at some attack that was made when Bill Clin- of economic growth and strength the point in the future. We cannot predict ton was a fresh President was made next President and the next adminis- when and we cannot predict how deep, again with respect to this recovery: tration will preside over. but it will be there. Where are the jobs? The same ques- I repeat what I say here often: We The point of this in political terms is tions I heard thrown at Alan Greenspan politicians need to have a greater sense that President Clinton and the Con- by the Democrats on the Banking Com- of humility and reality and understand gress that was elected with him in 1992 mittee have now been thrown not at we do not control whether the economy inherited a strong recovery tide in the Alan Greenspan but at George W. Bush: is good or bad. If we could control that, economy. However much we took cred- Where are the jobs? Once again, eco- the economy would constantly be good. it for it ourselves, we really had little nomic history shows that jobs are the What politician of either party would or nothing to do with it. lagging indicator, that jobs come at deliberately preside over policies that Now, let’s go ahead 8 years to the the end of the turnaround and not in make the economy go bad and the vot- election of 2000. In the election of 2000, the middle of it. And now, exactly on ers get mad? If it were up to the Con- it felt as if the economy was still enor- time where economic history would in- gress to say, ‘‘Do this, and the econ- mously strong. Remember, I discussed dicate, the jobs have started to appear. omy will be good’’ or ‘‘Do that, and the our feelings of how things are going All of a sudden, the argument that economy will be bad,’’ every Congress, usually lag reality. In fact, we now this is a jobless recovery no longer regardless of ideological stripe, would know that the economy started to slow holds any water. We have increased always say, ‘‘Let’s do what makes the down in 2000. We now know that gross jobs for 10 consecutive months. In the economy good.’’ domestic production growth, which is months of March, April, and May, we So maybe it is time to visit just a lit- the main measure of recessions and re- added more jobs to the economy than tle bit about what causes the business coveries, was dropping sharply in the were lost in the 3 months following 9/ cycle. It is not elections. Recessions last two quarters of 2000, but it did not 11. We had the disaster of 9/11 and 3 are caused by one of two general cat- feel like it. The layoffs had not started months of a loss of jobs. As the airline egories of events. One which we cannot yet because businesses were hoping industry went into the tank, the hospi- control is outside shocks, such as 9/11, this was temporary. Employment was tality industry and others were shat- such as the oil shock that set off the still up, and we talked about this enor- tered by the 9/11 situation. We lost a recession in the 1970s. Recessions are

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7778 CONGRESSIONAL RECORD — SENATE July 8, 2004 caused by shocks that are outside our matter who gets elected in terms of of issues. Frankly, I think we have control. economic power. But we can certainly about four or five issues that we ought Or the second general category: They do dumb things that can hurt it. The to be dealing with. One, of course, is are caused by a series of mistakes, mis- Federal Government can’t create jobs, the difficult one called the budget. takes that business men and women but the Federal Government can mess Some people out there say: Why do make. They make decisions about pur- up the economy in such a way that jobs you fool with it? You don’t pay any at- chasing stock and then discover they are destroyed. tention to it anyway. have too much inventory. They make How do we do it? One of the ways That is not true. It is a way to pro- decisions about going into a market that we disrupt the economy, and we tect spending within the limits of the and discover that the market will not do it regularly, is by our tax policy. We budget. If you don’t have one, that work, and they have to lay people off. can create an atmosphere where it is makes it difficult. They make decisions about the future easier for the economy to grow, or we Appropriations, of course, must be of their product and then discover the can create an atmosphere where there done by the end of September in order product will not sell, so they have to are penalties in the form of taxes when to continue to deal with the things we cut back. the economy grows. must do. When the number of decisions that I have told this story before about I believe our energy policy, where we are wrong exceeds the number of deci- my own experience founding a com- are going in the future, ought to be sions that are right, in an $11 trillion pany and making it grow in what some laid out. That is one of the most impor- economy, you get a recession. The re- have called the decade of greed. When tant issues we have before us. cession is the way those mistakes are Ronald Reagan was President and the And as the Democratic leader said paid for. The recession is the way the Congress created a situation where the this morning, the highway bill has the impact of those mistakes are cor- top marginal tax rate was 28 percent, most direct impact on the creation of rected. oh, what a tremendous windfall for the jobs of anything we could do, and we Perhaps the most dramatic one I can rich to have the top marginal tax rate have completed all the efforts on that think of was the recession of 1958 where at 28 percent. What they don’t realize, for some time. the automobile industry collectively those who talk about how terrible this I am certainly hoping that we can made a series of major mistakes. They was, is that the enormous economic move forward. Unfortunately, we have assumed the boom they had in previous growth we had in the 1980s, and indeed been held up by this idea of having un- years—1955 model year, 1956 model on into the 1990s, in my view, was related amendments to every bill. We year, 1957 model year—was going to go spurred by the fact that a company ought to fix that issue. When we are on forward, and then suddenly they dis- like ours, starting with four employees an issue, we ought to stick with that covered they had huge amounts of in- and growing ultimately to 4,000, was issue and have only amendments that ventory on their hands, as people did able to finance that growth because we are pertinent. But that is not the case, not buy cars at the same level they had were able to keep 72 cents out of every of course. We use every bill as an op- projected. As a consequence, the auto- dollar we earned. portunity to bring up something to- mobile industry started to shut down When the Clinton administration tally unrelated, and that has been a until the inventory got sold off. That came in, and the Congress responded to problem. meant the steel industry, the alu- his call, the top marginal tax rate went In any event, I will discuss a little minum industry, the glass industry, effectively to over 40 percent, which while this morning something that is the rubber industry, all had to shut meant a starting business was able to related to what we are talking about down because they were not building keep only 60 cents out of every dollar on the Senate floor. It isn’t part of the cars, and we had one of the most dif- that it earned and had to go someplace bill, nor do I expect to put it in as an ficult recessions we have had in the else to finance its growth rather than amendment, but I think it is some- postwar period in 1958. The recession from internal funds. thing that is quite important to the was the way you corrected those mis- I have made these points before. I legal system, particularly as it affects takes. It did not have anything to do have learned in the Senate there is no decisions vis-a-vis public lands. Of with who was elected President or who such thing as repetition because on the course, being from Wyoming—the Pre- was elected to the Congress; it was other side of the aisle we get the rep- siding Officer being from Alaska—a caused by a series of bad business deci- etition day after day about how ter- large percentage of our States is public sions on the part of people in the auto- rible the economy is. lands. So how decisions are made with mobile industry. I say again, in conclusion, the next respect to those is very important. Look at the recession we have just President, whoever he is, will preside Furthermore, we find ourselves with gone through. What did it come on the over a strong and robust economy. The an increasing number of lawsuits. Un- heels of? Yes, 9/11 was there. Yes, there groundwork for that reality has been fortunately, we almost have ourselves were some outside shocks. But it came laid during the last 4 years. Whoever in a position of managing through law- after what we called the dot-com bub- takes credit for it in the next 4 years suits as opposed to managing based on ble. A lot of jobs were created in com- will be taking credit for work that was good decisions. panies that were not earning anything. done prior to his taking office. I would like to talk a moment about They had no income other than selling I yield the floor. venue shopping. We have been steam- stock on the stock market. People got The PRESIDING OFFICER. The Sen- rolled in Federal land issues by judges caught up in the froth of the dot-com ator from Wyoming. who are thousands of miles away from bubble: This is going to be a great fu- f the area where the question is raised. ture; we are going to buy the stock, Specifically, these courts have system- and we are going to get rich. VENUE SHOPPING atically denied access to Yellowstone Somewhere along the line somebody Mr. THOMAS. Madam President, I and Grand Teton National Parks. We said: But where are the earnings? When appreciate the comments of the Sen- have national parks to protect them, it dawned on people these companies ator from Utah. Certainly, the impact and at the same time, so that people with these brilliant projections and of the economy on all these things is a can enjoy them and have access to plans had no earnings, shareholders de- little hard to determine and easy to them. Those are the important things. cided they did not want to hold those make political. I hope we can under- Special interest groups that have dif- stocks anymore. The dot-com bubble stand and stick with some of the eco- ferent feelings about it like to search burst. The stock market collapsed, and nomic elements that are there and out over the country for a venue where we were on our way toward a correc- then deal with the political ones that they think they can go that will give tion or, if you will, recession. It had go with it. them the best opportunity to succeed nothing to do with who got elected. First, let me say I am a little dis- in the lawsuits that they have filed. But this point I want to make: appointed in the way we are moving in Environmentalists tend to go to a Maybe we in government can’t create the Senate, frankly. We don’t have venue in Washington, DC, for a more economic growth. Maybe it doesn’t many days left to deal with a number sympathetic court than those courts

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7779 they are closest to and deal with the islation in this body. We, as 100 Sen- and if we are part of an obstructionist issues that are there. This action, of ators, are concentrating on votes and move, we must reassess our position course, is contrary to the system of issues that lean to doing the business and understand what is at stake. circuit courts, judges thousands of of a political party rather than doing I appeal to my colleagues. It is time. miles away from disputes involving the people’s business, which we were I yield the floor. certain impacted areas. Those lawsuits sent here to do. This is the people’s The PRESIDING OFFICER. The Sen- should be tried in the courts of primary forum. All people in this country ex- ator from Iowa is recognized. jurisdiction because they are the pect us to get our work done. We have Mr. HARKIN. Is this Senator allotted courts that are there. issues that are held up, yes, in policy, a certain amount of time? We have had a real problem in Yel- but the business of financing this Gov- The PRESIDING OFFICER. Fifteen lowstone National Park. The district ernment in a direction that faces the minutes. court judge here in Washington decided challenges that we do at this time is f to move back again on something that also being held up. CIA AGENT REVEALED we thought was resolved. The Park I am sorry we could not move on to Service had asked for relief from Judge the class action legislation. It was not Mr. HARKIN. Madam President, yes- Sullivan’s December order because it the intent of this Senate to do that, as terday I stood before the Senate and would have left an impossible decision. objections were thrown out that noted that it had been almost a full It then moved back to a Wyoming blocked the legislation no matter what year since the identity of a covert CIA court where it belonged, a Federal cir- the conditions were, let alone amend- agent was revealed in print by the col- cuit court, of course. So now we find ments—no agreement on them or a umnist Robert Novak. It has been 360 ourselves with 2 years of indecisiveness timeframe in which to finish the legis- days and counting. Next Wednesday, it which means we have not made a deci- lation. will be 1 full year. It is time to ask, sion. People don’t know whether they This is important for small business. Why hasn’t the White House cleared can go into Yellowstone Park in the Class action is important for a State this up? winter. such as mine, because we are a State of Madam President, 360 days have gone I have introduced legislation that small businesses. We don’t have any by since a CIA agent’s name was re- would limit the ability of individuals large corporations in the State of Mon- vealed by top White House officials. We to venue shop. Federal land issues aris- tana. Lawsuits—and frivolous law- know how agent Valerie Plame’s cov- ing in a particular State ought to go to suits—are just sapping the life out of erage was blown. Back in September, that circuit court in which the Federal the people who perform the services the Washington Post reported that two judges there are involved. These Fed- and deliver the goods for the rest of the senior White House officials called at eral judges have the same qualifica- citizenry in the State of Montana. least six Washington journalists and tions as anywhere else, and that is That is not being allowed to move for- disclosed the identity of a covert CIA what Federal courts are for. That is ward. Under any condition, there is an agent. why we have different venues. So it is objection. Are we heading toward the It has also become fairly clear why important. Access to public lands is small end of the tunnel whenever we the agent’s cover was blown. It was very important to our State and cer- get down to the end of the session, and part of an ongoing effort to discredit tainly we need to exercise the system then everything breaks loose—issues, and retaliate against critics of this ad- that has been set up. bills, and articles are moved much fast- ministration, especially those who re- The Federal judiciary is a system of er. Sometimes they move so fast there vealed that intelligence used to justify circuits. Wyoming is in the Tenth Cir- are some unintended consequences. the war in Iraq was flawed or fab- cuit. Unfortunately, this system now I am disappointed that we don’t fin- ricated. Now Ms. Plame, as we know allows people to go around the Tenth ish our business. This is the people’s now, is married to former Ambassador Circuit and go to another place where house. Issues are on the line. We are Joseph Wilson. Ambassador Wilson was they think they will have better suc- just wasting our time. In fact, we are sent on a factfinding mission to Niger cess. doing it to the point where we might as to examine claims that Saddam Hus- My friend from Montana is here. I well be home, working at home, and sein had sought to purchase uranium hope and I am pushing for a bill that whenever we decide we want to do busi- from that nation. He found no evidence says you ought to go to the circuit in ness, then we will come back to town to support the claim. But President which the problem arises for the Fed- and complete the Nation’s work. Bush, nonetheless, made that claim in eral court jurisdiction. It is incumbent upon all of us who his State of the Union Address. I yield the floor. share the same responsibility, not only How those famous 16 words read by The PRESIDING OFFICER. The Sen- to our States but to this country, to the President to the listening Nation ator from Montana. complete the work at hand, providing about the efforts by Saddam Hussein to f economic opportunities for more peo- purchase uranium from Niger made it ple, which we have done. into the State of the Union Address re- A ROCKY START Look at the statistics. More people mains a great literary mystery. Who Mr. BURNS. Madam President, we all own homes now in the United States lied in President Bush’s State of the came back from our States after the than ever before in the history of this Union speech? We still don’t know. We Fourth of July break knowing that we country, and the same is true about do know that Ambassador Wilson pub- would be working on a short timeline. Montana. More people are working lished an article disputing the uranium Lots of legislation and policy has to be today than any other time in Montana claim in the New York Times. Appar- done before we end this Congress and history. We gained jobs in the last 4 ently to discredit and punish Mr. Wil- all go home and campaign for election years, when the rest of the country was son, senior White House officials and reelection. We are off to kind of a struggling. We want to keep that trend leaked the identity of Wilson’s wife and rocky start. Not only do we not have a going, expanding. Yet we are held up the fact that she was a CIA operative. budget and the rules that we must here on issues that are very important One day Ms. Plame was a valued abide by within a budget in order to in order to make sure that the expan- human intelligence asset; the next day proceed to appropriations and to make sion continues. she was political cannon fodder. What any sense out of the appropriations I appeal to my colleagues on both we still don’t know almost 1 year later process, but we also do not have our sides of the aisle. It is time to move is who the senior White House officials appropriations process as being sort of from the frivolous discourse that we responsible for this destructive leak supplanted, that we may have to take have heard in the last couple of weeks were. We still don’t know who it was another tack in order to pass them and and this week, and get on with the that gave this classified information to keep the Nation’s Government in busi- business at hand and vote. Let the will the White House, to the leakers. Was it ness. of the American people be heard and someone at the NSC? Was it someone This week, we have witnessed that done. It is our responsibility. It falls on at the CIA? Was it the same person we are not really ready to pass any leg- each and every one of our shoulders, who made the decision to include the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7780 CONGRESSIONAL RECORD — SENATE July 8, 2004 false claims about uranium from Niger Now I find this more than passing that was done was not only to her but in the State of the Union Message? strange that the previous President of to her network and potentially to all Madam President, 20 years of train- the United States, President Clinton, CIA human intelligence operatives. ing and experience and millions of dol- when he was being questioned about One publication reported after read- lars were invested in this agent. Leak- his relationship with a White House in- ing of her own blown cover, Ms. Plame ing her identity violated the law and tern, was put under oath and filmed, immediately sat down to make a list of constituted a betrayal of this country. and yet this President and this Vice all of her contacts and associates who Yet, for all we know, the person re- President, the head of an administra- could be in jeopardy. I can only hope sponsible for this betrayal could at this tion where people leaked the identity when we find out the identity of this very moment still be exercising a sen- in clear violation of the law of a CIA leaker or leakers, that person is forced ior decisionmaking role in this admin- operative, are interviewed; they are to see this list and be confronted with istration. This apparently is an admin- not put under oath; they are not the full extent of their betrayal of this istration where the buck never stops, filmed. Would someone please explain country and our citizens. an administration where abuses occur, the priorities? Usually when the cover of agents like but no one at the top is ever forced to In fact, the President has been kind Valerie Plame is blown and their con- accept responsibility. of cavalier and dismissive of this entire tacts placed in jeopardy, it is a result In her 20-year career, Valerie Plame situation. In his only public statement of espionage. The perpetrators, when operated with unofficial cover, which about the leak, he told reporters, and convicted, face life in prison or even means she had no diplomatic immu- this is a direct quote from President death. In many ways, it is almost nity. Effectively, her only defense was Bush: worse that this was done as an act of a painstakingly created and main- . . . I don’t know if we are going to find political revenge. The disclosure of Ms. tained cover. She worked closely with out the senior administration official. Now, Plame’s identity was unquestionably a undercover operatives and a network of this is a large administration, and there’s a vicious act of political intimidation contacts. All were potentially placed in lot of senior officials. I don’t have any idea. and retribution, but it is much more jeopardy and exposed to danger by the That is what George Bush said on Oc- than that. It is part of a clear pattern disclosure of her status. tober 7, 2003. of coverup, concealment, and contempt Last November, we heard testimony What I would like to know is, where for the truth. That is why so much from three former CIA experts. They is the President’s outrage? Where is rests on the outcome of Mr. all agreed on the far-reaching damage the recognition that this is not the Fitzgerald’s investigation. this disclosure represented for Ms. same as leaking promising numbers on We need to identify and prosecute Plame’s broader network of contacts the economy? Where is the President’s those responsible for this damaging and for the intelligence community as fury that one of his own valuable intel- episode, and in so doing we need to a whole. After all, what guarantee does ligence assets has been destroyed? And send a clear message to the President any intelligence agent now have that what about the Vice President? We and the Vice President that sacrificing they could not be the next victim of know he can be relentless when he is intelligence assets and breaching na- some administration’s smear cam- on a quest for information to justify tional security is too high a price to paign? the case for the war in Iraq. Where is pay for maintaining the issue of deceit Vincent Cannistraro, former chief of his determination to find the people that was used to justify the war in Iraq operations and analysis at the CIA who have destroyed the confidence of to the American people. Counterterrorism Center, said of the the intelligence community in this ad- I yield the floor. Plame disclosure: ministration? The PRESIDING OFFICER. The Sen- The consequences are much greater than All we hear from the President and ator from Washington. Valerie Plame’s job as a clandestine CIA em- the Vice President is silence on this f issue, as if they do not want to know ployee—they include the damage to the lives ENERGY POLICY and livelihoods of many foreign nationals who leaked this information, or they with whom she was connected and it has de- know and they do not want to be held Ms. CANTWELL. Madam President, I stroyed a clandestine cover mechanism that accountable. In either case, it is inex- rise this morning to talk about where may have been used to protect other CIA cusable for the President or Vice Presi- we are going with our Nation’s energy nonofficial cover officers. dent. policy and what this body and the James Marcinkowski, a former CIA The disclosure of Ms. Plame’s iden- House of Representatives are going to operations officer, seconded this by tity represents an extremely damaging do in protecting consumers and rate- saying: breach of national security. She payers from continued market manipu- The deliberate exposure and identification worked gathering human intelligence, lation and energy fraud. of Ambassador Wilson’s wife, by our govern- exactly the type of intelligence we This morning, most of America woke ment, was unprecedented, unnecessary, have heard over and over again since up to a picture of one of America’s cor- harmful and dangerous. September 11, 2001 that is so critical to porate leaders led off to an indictment Larry Johnson, a former CIA analyst our fighting terrorism. in handcuffs. Yes, that is right, Ken and State Department employee, said: Only 2 days ago, National Public Lay from the Enron Corporation, while For this administration to run on a secu- Radio reported on the fact that there is not found guilty today, was indicted on rity platform and allow people in the admin- a growing consensus on the need to im- 11 different counts, including wire istration to compromise the security of in- prove our human intelligence capacity. fraud, securities fraud, and making telligence assets, I think is unconscionable. There is a recognition that after years false and misleading statements. The No one in this Chamber, after listen- of increasing reliance on intercepts and question is whether this 65-page indict- ing to these three men, could have any satellite imagery, only solid human in- ment of Ken Lay, which does prove doubts about the damage this act has telligence can help us deal with the that no one is above the law, is going done to the relationship between the type of insurgency we face in Iraq in ef- to bring justice to ratepayers and con- intelligence community and the ad- fectively fighting al-Qaida. sumers in America who have suffered ministration. From all reports, the spe- The other critical point that was from market manipulation at the cial prosecutor, finally appointed the made is that sending troops to a train- hands of Enron. day before New Year’s, Mr. Fitzgerald, ing course on intelligence gathering is I say that because there are still has been conducting a very aggressive not enough. According to one CIA about 10 States in America that have investigation. He has issued subpoenas, agent, he said it takes 10 years to sea- utilities that are being sued by Enron. called witnesses before a grand jury, son somebody as a case officer in order That is right, even though Enron has and interviewed the President and Vice to judge the information and the peo- manipulated contracts, even though President. ple they are dealing with, check on there are documents from Federal in- I inquired as to whether the Presi- bona fides. That is the kind of asset vestigators showing that market ma- dent or Vice President were put under Valerie Plame used to be, and, as Mr. nipulation has happened, Enron still oath. I am informed they were not. Cannistraro pointed out, the damage has the audacity to sue utilities across

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7781 the country forcing them to pay on say we definitely need relief from these cally found that Enron attempted to fraudulent contracts. For the State of Enron contracts. have direct and indirect influence upon Washington there has not been an in- Still, Mr. Lay sent a letter to the ex- FERC’s investigation of the market; significant consequence for our econ- ecutive branch basically saying: I am that they were trying to lobby FERC, omy. The fact that people in Snoho- attaching a list of potential candidates if you will, to do nothing about the mish County had a more than 50-per- we think would do an excellent job on California crisis. I find that a very in- cent rate increase and have had that the Federal Energy Regulatory Com- teresting connection in this particular rate increase in place for some time, mission. Basically, he went on in that issue, again, because my ratepayers are shows the great impact it has had on document to then give a list of issues continuing to pay exorbitant amounts our ability to keep jobs, keep people in that he thought were very important for energy, being sued by Enron. They their homes with proper heating. Even to consider for the Commission ap- are on the hook for millions more. the school districts have had chal- pointees that he thought would help in- Madam President, $122 million just lenges. Snohomish, Mukilteo, and fluence the process. Specifically, he from the utility in my home county is Everett School Districts have esti- talked about how basically the free what they want to get out of our rate- mated that they will pay $2-plus mil- market should continue to be allowed, payers, when they have admitted mar- lion in energy costs if their utility is that they should not push in the en- ket manipulation. I find this inter- forced to pay Enron. That money could ergy crisis for a variety of resolutions. esting. The day that Ken Lay actually In fact, he actually said one of the go for hiring teachers, putting class- sent the letter to the executive branch room materials together, and helping criteria should be: Willingness to abolish current native load preference was January 8, 2001. In it, he is basi- to promote programs under the No under current tariffs. For us in the cally saying: I want to get Commis- Child Left Behind Act, but at the same Northwest, right there he was lobbying sioners who think like Enron does. I time they are getting hit with exorbi- the administration to say, only appoint want to get those people making these tant energy costs. Commissioners to the Federal Energy important policy decisions. Here are So my constituents want to know Regulatory Commission who are going the policy decisions I think they whether this 65-page indictment is to let us have our way, putting what- should make. Make sure these markets going to lead to justice for Americans ever Enron power on the grid that can continue to operate in the way that who have been impacted by this mat- go on the grid. If we are willing to pay Enron likes. ter. I find it amazing because instead of Washington is not the only State. to put Enron energy onto the grid and pay more money than the Bonneville Ken Lay doing his job on a daily basis Nevada, the State of the Presiding Offi- as a CEO, with oversight over an orga- cer who understands this issue well, Power Administration is willing to pay, nominate FERC Commissioners nization, he was lobbying for FERC has been impacted. There are States in commissioners. Meanwhile, less than 2 the Midwest. There are many utilities that are going to let us do that. He goes on to say that he wants to days after Ken Lay writes this letter that cannot believe that with all this select people who are going to ensure we have audiotapes from Enron traders information that has come about they that there are free markets and open talking about the ricochet scheme, are being asked to pay on these fraudu- access, which is a concern. While he which was selling power outside of lent contracts. mentions orderly rules of the road, one California and then selling it back in, I think the question that Federal of the issues has been whether there doing that because it could get a high- regulators ought to be asking them- have been any orderly rules of the er price. selves, and those who are responsible road. I think that is part of the con- So he writes this letter on January 8, for the indictment of Ken Lay—I want cern that we have with his indictment: and we have audiotapes on January 18 to applaud the Department of Justice how much did he influence the regu- of Enron discussing how they were ma- for doing the great work they have latory process? nipulating the market using the rico- done in actually bringing about this in- A second thing came to light within chet scheme. On January 23, about 2 dictment today. But the question be- the context of the Governmental Af- weeks after he writes this, there are comes, How did Mr. Lay influence the fairs Committee. The committee per- tapes of Enron traders on the phone rest of the regulatory process? If you formed an investigation of how much discussing how they are going to take are the Department of Justice you are Enron did influence the Commission. In a contract with a utility in my State, bringing about justice to individuals fact, after reviewing memos that had in Snohomish County, and jack up the believed to have manipulated the mar- been sent by Ken Lay to the Federal price, lying to make them think there ket, financial documents, or made false Government, to various individuals, in- was a higher demand for the power, and or misleading statements. Then is the cluding his support for the nomination that way the county would pay more Department of Justice not doing its of two of the Commissioners, basically money. job? The Securities Exchange Commis- the Senate Governmental Affairs Com- Just after that, 21⁄2 weeks after he sion, an independent organization that mittee said that ‘‘documents obtained sends this letter, there is another has basically helped in producing this indicate that Enron attempted to di- audiotape where Enron traders are dis- indictment, showing that there has rectly and indirectly influence the cussing how much money they are been accounting fraud, aren’t they FERC investigation of the California going to make off of the Snohomish doing their job? The question remains, markets and subsequent decision- County deal and how they are going to Why aren’t energy regulatory officials making.’’ account for it in two different ways, doing their job. They are the ones who So here we have Federal regulators one at $10 million and the other at $20 are supposed to make sure there are that have been basically nominated million, just because that is the way just and reasonable rates and that and pushed by Ken Lay, and not in the they keep the books. there isn’t market manipulation. And, normal, let’s nominate somebody to Here is a CEO who is spending his basically, they have said you are right, head up an independent commission time lobbying Federal regulators on there weren’t just and reasonable rates with such an important role for our how they should not take a hard stance as it relates to manipulated contracts, economy and Government, way. He in California, how they should do noth- but we are keeping those contracts in sent a letter basically with a litmus ing about the crisis, how they should place. test: continue to let the free market work I raise the question this morning, Support these people to be Commissioners its will, and at the same time his own with Ken Lay’s indictment, whether in of the FERC if in fact they support this philosophy of continuing to let the market go employees are on the phone talking fact Mr. Lay did not have undue influ- without the proper rules and regulations, about how to manipulate price and ence on the process of actually helping and basically let standard market design, gouge consumers. to get FERC Commissioners on board, something that this body has had a lot of In fact, 2 days after this letter—sent and influencing policy by saying to concern about, let that be the policy of the on January 8—on January 10, traders them, stay the course with the Cali- day. discuss whether they should lie to the fornia crisis and in the impact it is Well, one of our committees, the Wall Street Journal about their activi- having on western markets. Today, I Government Affairs Committee, basi- ties.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7782 CONGRESSIONAL RECORD — SENATE July 8, 2004 Here are the people who work for this That is his philosophy. This leads to The bill clerk proceeded to call the company. He could have been doing the kind of hands-off approach for roll. oversight of the people within his com- which Ken Lay lobbied. And again, an Mr. REID. Mr. President, I ask unan- pany and the market manipulation, approach that the Governmental Af- imous consent that the order for the particularly since these individuals, fairs Committee said Enron attempted quorum call be dispensed with. executives of his company, had come to put in place through direct and indi- The PRESIDING OFFICER. Without before Congress basically telling every- rect influence on the Federal energy objection, it is so ordered. body that they were doing their job regulators. This is basically the policy f and that market manipulation was not I think got us into so much trouble in occurring. California, without regulators respond- CONCLUSION OF MORNING I have a great deal of concern about ing in due time. It is the same philos- BUSINESS whether this indictment of Ken Lay is ophy that has gotten utilities in about The PRESIDING OFFICER. Morning going to bring justice for the American 10 States in financial risk because business is closed. people and the ratepayers. Again, I ap- Enron continues to sue them. Pat f plaud DOJ for getting the indictment, Wood is clear in his philosophy. He CLASS ACTION FAIRNESS ACT OF but the question is whether people who thinks that the Enron model is the 2004 are still being impacted by this crisis only game in town and it is the way we are going to get relief. should proceed. The PRESIDING OFFICER. Under What does Chairman Pat Wood of the I can tell you, I don’t think it is the the previous order, the Senate will re- Federal Energy Regulatory Commis- only game in town. I don’t think we sume consideration of S. 2062, which sion say about Enron? At the time this are doing enough on this matter. This the clerk will report. happened, Pat Wood continued to be, I body needs to take a firm stand that The assistant legislative clerk read guess, a market-oriented person even market manipulation is wrong. It can’t as follows: though the deregulation experiment in be just and reasonable. It can’t be in A bill (S. 2062) to amend the procedures California had proven to be ill-fated, it the public interest. And it is not what that apply to consideration of interstate was proven people would take advan- we ratepayers across the country class actions to assure fairer outcomes for tage and manipulate the market. The should be forced to pay on. class members and defendants, and for other publication, Inside FERC, wrote that Again, Pat Wood, Chairman of the purposes. Pat Wood believed that ‘‘the Federal Energy Regulatory Commis- Pending: marketmaking style created by Enron sion, has said, ‘‘We’re doing the max- Frist amendment No. 3548, relative to the should be emulated by other companies imum we can do.’’ enactment date of the act. and supported by regulators.’’ We are doing the maximum we can Frist amendment No. 3549 (amendment No. This is after Enron’s bankruptcy. do. He said that in January of this 3548), relative to the enactment date of the Enron had gone bankrupt and we had year. In January of this year, while the act. the chairman, supported by Ken Lay— utility in my State, in Snohomish Frist amendment No. 3550 (to the instruc- we had the Federal regulator, who is tions of the motion to commit), relative to County, was being the policeman on the enactment date of the act. the policeman on the beat supposedly the beat, transcribing audiotapes, look- protecting people—saying Enron Frist amendment No. 3551 (amendment No. ing through documents, doing all the 3550), relative to the enactment date of the should be emulated. homework the Federal energy regu- The PRESIDING OFFICER. The Sen- act. lators should be doing. While Pat Wood The PRESIDING OFFICER. The Sen- ator’s time has expired. was making the same statement saying Ms. CANTWELL. I ask unanimous ator from California is recognized. we are doing all we can do, my con- consent for an additional 5 minutes. Mrs. BOXER. Mr. President, I know The PRESIDING OFFICER. Without stituents in Washington State were that most in the Chamber, and those objection, it is so ordered. proving there was a heck of a lot more who are in their offices, went home to Ms. CANTWELL. I thank the Chair. to do to give ratepayers justice. their home States over the Fourth of What else did Chairman Pat Wood say Again, I applaud what the Depart- July break. It is always a treat for me about Enron and the market manipula- ment of Justice has done in the indict- to do that because, frankly, I think I ment of Ken Lay. They are going to try tion? I get that he thinks a market come from one of the most beautiful to get to the bottom of this story. But needs to be open, but a market without places in the world. For me to go to what my colleagues need to realize, transparency and a market without ag- California and get ‘‘rooted’’ in why I and understand, is we have an imbal- gressive regulators to make sure they want this job, to protect that beautiful ance. We cannot have the Department monitor for manipulation is not a true place, and to protect the people who of Justice doing a great job with its market. live there and to work for them, it is Enron task force and prosecution of Pat Wood, again according to Inside always a joy. various Enron executives on account- FERC, shortly after Enron went bank- Constituents asked me: What are you ing and securities fraud. We can’t have rupt, said, While Enron may be a going to be doing when you come back? the SEC doing a great job on making ‘‘goner,’’ . . . ‘‘the innovation and en- They had asked me about a number of trepreneurial [spirit] that character- sure there are new securities regulations in place to make sure these viola- issues they cared about. They are wor- ized this company remain . . . ’’ ried about this economy. They say it is I will hope Mr. Wood’s observations tions don’t happen again, and then uneven. They point out that college have changed by today with the 65- have the Federal energy regulators tuition is going up more than 20 per- page, 11-count indictment of Mr. Lay. who are in charge of protecting rate- There are lots of things going on here, payers fall down on the job. That is ex- cent. They are squeezed. They point and the entrepreneurial spirit that he actly what has happened. They have out that gasoline prices in our State thought existed in 2001 has definitely fallen down on the job, they are not are raging. It is costing them more. been characterized in a different light protecting ratepayers. We are going to They point out that their health care today. It has been shown that market see that after this indictment we are premiums are going up. They are wor- manipulation has happened and was going to continue to pursue this case in ried about even keeping health insur- perpetrated by Enron. the Senate, if we have to, and in the ance. Some of them do not have any. I think where we are is taking a clos- House of Representatives, to make sure Those on Medicare are very worried er look at a deeper philosophy of what that all Federal agencies do their job, about what they view as a false prom- Chairman Wood really believes. It is a and they are giving justice to rate- ise of the administration’s Medicare philosophy, again, where Chairman payers who have been impacted by proposal which was supposed to be so Wood of the Federal Energy Regu- fraudulent contracts. great for them in terms of prescription latory Commission was quoted as say- I yield the floor. drugs. It turns out the thing is so bu- ing: Mr. BINGAMAN. Mr. President, I reaucratic and such a nightmare they . . . the new breed of energy company, in suggest the absence of a quorum. cannot figure it out. fact, is going to be the only game in town 5 The PRESIDING OFFICER (Mr. EN- Not only that, they express shock years from now. SIGN). The clerk will call the roll. when I tell them in that bill we do

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7783 something outrageous, saying to Medi- My constituents are completely con- A lot of these cases are very impor- care, you cannot negotiate for lower fused. They have many worries. They tant. We remember Dalkon Shield was prices for the people on Medicare. Con- have many concerns. They are worried one of those class action cases where stituents say: Wait a minute. Why does about the fact they are not respected women were dying. Not until there was that make sense? If you are sitting abroad. They are worried about this re- a class action lawsuit was that fixed. across the table from someone and you covery that they see as very wobbly. That does not mean there aren’t represent 40 million senior citizens, They see better corporate profits—al- abuses. It does not mean that we can- you have a good card in your hand that though those seem not to be going as not have reforms. you can play. You can say, if you want well—and they do not see the increases It does say to me that there is no to have your high blood pressure medi- in their standard of living. crying need to take this up when we cine on our formulary, if you want to If we look at the numbers, the in- are called to room 407 for a secret brief- have your heart medicine on our for- crease in the take-home pay, when you ing about the threats that face this mulary, if you want to have an arthri- include inflation and the high cost of country before the election. It is ex- tis drug on our formulary, you have to living, has only gone up about 1 per- traordinary to me. And I believe the give us a better deal. cent, while all the other issues have American people who are watching No, this administration and the ma- gone up over 20 percent, the issues peo- what we do here are thinking: What is jority in this body decided to tell Medi- ple deal with every day. the Senate doing about my life, about care they could not negotiate for lower Now I come back to Washington and my family, about what I need for my drug prices for our seniors. I am called to a meeting in a secret kids? When I go home, people are flooding room in the Capitol. The press knows I went to a press conference on the me with these questions. They are very all about this. We are called to a secret minimum wage. Do you know the min- worried about Iraq. What is the plan? room in the Capitol. We have to discuss imum wage has not been raised in 8 What is the plan to get more help the threats to our country. This is very years? Every colleague here has had a there? Why are we spending so much serious stuff. Of course, I cannot go pay raise. For 8 years the minimum there? Why aren’t we focusing on our into everything that was said, but I can wage has not been raised. People are problems at home? This is what I heard state what has been reported in the living below the poverty line. Mr. all over my State. press, which is not classified. And that President, 61 percent of those people They ask: Senator, what is on the is, we need to be on the alert at home. happen to be women, many single agenda when you get back? Which one We have known since September 11 moms. All we want is a chance to do of these issues are you going to take that al-Qaida has cells in our country that. We should do that by unanimous up? What about rail security? We are and that they never give up. If they consent today. Why do we need to de- worried about that because we have a fail, they go back again. We know all bate it? Eight years long and no in- lot of Amtrak ridership in California. this. We need to stay ahead of the crease in the minimum wage, zero. What about nuclear plant security? threat. These are people who work hard. When are you doing more about that? I That is why I am so proud to be on These are not mostly teenagers; these have to tell them the truth; that is, I the Commerce Committee. I am so are grownups who are working hard to am not in charge. My party is not in proud to have as part of the portfolio of support their families on the minimum charge of the Senate. The Republican the Commerce Committee, rail secu- wage. The cost of living has gone up 14 leadership has chosen, instead of put- rity, aviation security, and port secu- percent in those 8 years. The minimum ting any of those issues you have men- rity. These are key issues. Since Ma- wage has stayed stagnant. These people tioned on the agenda, they are taking drid, for example, and the horrible are falling, falling, falling, falling—and up class action reform because there is bombing of the train there, we need to we talk about family values here? And too much forum shopping—at which be on our toes. That means we need to we are rushing to do a marriage point they look at me and ask, What?— pass rail security legislation. amendment when the States are taking and we have to protect business from This is the great news I have for my care of that? these consumer complaints. constituents and for all Americans. At My State has decided what it wants They kind of look at me quizzically a time when we are in the middle of an to do. They have a law. It is not per- and say: There are other things that election, where there is a lot of dis- fect. It says there are domestic part- mean a lot more to my family. Then agreement, where we have even seen nerships and they have rights and re- they ask: What are you going to take language that is prohibited to be used sponsibilities. We could make it better. up after you take up class action rein the Senate being used by the Vice But do you know what. My State has form? We are going to talk about gay President of the United States—in taken care of this, thank you very marriage. And they say: Well, wait a other words, a time where emotions are much. minute. Every day in my life I have all running high politically—guess what It is all about politics, folks, let’s these pressing issues; I thought the happened on rail security. Every single face it. For 5 minutes, why don’t we States handled that issue. Well, I say, member of the committee voted for put aside politics and pass the min- you are right; the States have always that bill—every single member. From imum wage and help the millions of handled that issue. liberal to conservative, to moderate, people who need it to be done? What I find it amazing, given the Repub- everybody voted for that bill. That are we talking about? We are talking licans are in charge of this Senate and means we could easily take up that about an increase, over a couple years, they always believe in States rights bill. That means we could easily pass of $3,800 a year for these people, who and local control, they are now going that bill. will still be below the poverty line. I to bring up the issue of gay marriage, But what do we have before the Sen- bet if you had a vote in this Senate, and not only take it up—it was taken ate? Class action. The people who want the way it is made up, to give more tax up once before; Bob Barr in the House us to pass this bill say there is a lot of breaks to the people making a million wrote the Defense of Marriage Act, and abuse and that we need to make sure bucks a year, it would fly through Bob Barr said that would take care of we take these cases away from the here, it would fly through this place, everything and still says it takes care States and put them more into the even though those in the million-dollar of everything—but, no, they are going Federal courts. Again, I find it unbe- range are already getting back hun- it take the most precious document lievable that we have a Republican ma- dreds of thousands of dollars a year. known to human kind, the Constitu- jority that keeps saying, States rights, Imagine. tion of the United States, and they are States take care of it, States do it, but So every once in a while I come down going to now talk about marriage in when they are not happy with the way to this Senate floor and I say: Why am the Constitution. In fact, marriage has it goes—oops, forget that. As Roseanne I here? What are we doing? Are we been sacred in the various religions, Rosanna-Dana used to say, ‘‘Never meeting the needs of the people? And along with the rules surrounding mar- mind.’’ Take it to the Federal court. this is a perfect time to do it because riage, and the States have handled Everyone knows what will happen there is a bill on the Senate floor that marriage for years. there. not one person in my State, except

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7784 CONGRESSIONAL RECORD — SENATE July 8, 2004 high-paid lobbyists in very fancy suits, House does not get the call. They dial there, but I am from California and want to take up. This is true. The 911, and our local people—be they in have been since I was 25 years old. things we should take up, the things we Nevada, be they in New Mexico, be Mr. REID. We have only known each talk about in that room, that secret they in California—get the call. They other 22 years. room in the Capitol—making our rail are hurting. Mrs. BOXER. I know. When we have systems safe, making our ports safe, The bill I wanted to get us to vote on known each other 23 years, you will get making our buses safe—oh, no, we do today—and I have a couple of others I it right, I know. not have time for that because after we am going to ask since we got objection Mr. REID. So I say to my friend, do this for the big businesses in this to this one. The Rail Transportation there is a transponder on every ship country, oh, we are going to go on to Security Act—this is one that passed coming into the United States, but we gay marriage before the Democratic out of the Commerce Committee, I say do not have the equipment on shore to Convention so some people can cast a to the assistant Democratic leader, have the transponders picked up on vote that might hurt them in their unanimously. It is very important. I shore. Why? Because we have not spent election. Shame on us. We should be will tell my friend what it does. The the money to do it. better than that as Senators. We bill authorizes grants to all of our rail- The distinguished Senator from should be better. So I am going to give roads and to hazardous material ship- South Carolina has fought to have us a chance to be better. pers for freight and passenger rail secu- money placed in these bills so we can UNANIMOUS CONSENT REQUEST—S. 2273 rity. It is a critical bill. have the transponders on shore so we We saw what happened in Madrid. Mr. President, I ask unanimous con- can do what they do with airplanes, You do not have to haul me up to any sent that the Senate proceed to cal- with ships. secret room. The minute we saw that endar No. 536, S. 2273, the Rail Trans- Is the Senator aware we don’t even happen in Madrid, the Commerce Com- portation Security Act, that the bill be do that? mittee, which the Presiding Officer of read a third time and passed, and that Mrs. BOXER. I am quite aware we the Senate is on and participated in the motion to reconsider be laid upon have not done what Senator HOLLINGS this, we for the second time voted in a the table. has long asked us to do. We have not unanimous fashion—100 percent of the The PRESIDING OFFICER. The done the work of homeland security. committee—for this rail security bill. Chair informs the Senator from Cali- There is a lot of talk. There are a lot Unfortunately, there has been objec- fornia that in my capacity as a Senator of meetings. There is a lot of yack- tion to it because the Republicans, who from the State of Nevada, I object at yack about it. But when it comes down control the Senate, are not interested this time. to where we are putting the dollars and in moving this bill. Mrs. BOXER. I understand. where we are putting the emphasis, we Mr. REID. Mr. President, will the UNANIMOUS CONSENT REQUEST—S. 2279 are on some bill here I can honest to Senator yield for a question? So I am going to give them a chance God tell you, not one person except a Mrs. BOXER. I will yield for a ques- to move another bill, and that is the highly paid lobbyist has ever talked to tion. port security bill. Port security is an- me about, class action. I can honestly Mr. REID. Is the Senator from Cali- other bill that passed out of our com- tell you, on the gay marriage, people fornia saying that we should be en- mittee without one dissenting vote. We have a lot of views in my State, but gaged on the Senate floor today on know the problem at our ports. We they believe our State is handling that issues relating to homeland security; have containers coming into them. issue in a good way. So there is no rea- that is, the security of the State of They are not checking them. We do not son to go to this. California, the State of Nevada, and know who is going to be putting some- In Madrid, 200 people died, 1,400 peo- the other 48 States, and that we should thing in one of those containers. We ple were injured in that rail accident. not be wasting our time on class ac- are doing better, but we are not giving And we go up to 407 up here and we tion? Next we are going to go to a gay it the attention it deserves. hear all the talk about what we need to marriage amendment. Would the Sen- Mr. President, I ask unanimous condo. I am suggesting as a result of my ator acknowledge no matter how sent that the Senate proceed to cal- unanimous consent requests today, strongly people feel about this gay endar No. 530, S. 2279, the Maritime Se- both being objected to, when you have marriage amendment, it has no—zero— curity Act of 2004. this majority party, it is very clear: The PRESIDING OFFICER. The I am from Nevada; I do not gamble per- there is a lot of talk, but there is no Chair again informs the Senator from sonally, but I know a little bit about action. California that in my capacity as a it, having been chairman of the Gam- That is a reason why people are dis- Senator from the State of Nevada, I ob- enchanted. It is the reason why people ing Commission—it has zero chance of ject. passing. None. It won’t pass. And we Mr. REID. Mr. President, will the want change around here. They want are going to spend valuable Senate Senator yield for a question? us to be strong at home. They want us floor time on an amendment that Mrs. BOXER. I will be happy to yield. to be respected in the world. And it is stands absolutely no chance of passing Mr. REID. Ships coming into the time for many changes to occur. I am when we have at the desk the home- United States today have on them looking forward to those changes, to land security appropriations bill, and I transponders. The purpose of that is so the day when we can vote these bills have been told today we are not going those people ashore can find out where out of the Commerce Committee with- to go to that until September. the ship is and have a better idea of out one single objection, and no one on Now, is the Senator saying we should where they are. As we speak, there are the floor here would then object to tak- not be doing class action, we should about 43,000 very large ships on our ing them up. not be doing gay marriage, we should oceans—43,000. For them to come to I yield the floor. be doing things that make my family the United States, one of the require- The PRESIDING OFFICER. The Sen- and your family and the rest of Amer- ments is they have a transponder on ator from New Mexico. ica safe from these evil terrorists? them, like an airplane has, like the sit- Mr. BINGAMAN. Mr. President, I Mrs. BOXER. Mr. President, I thank uation we had a few weeks ago where came to the floor intending to talk my friend. It is obvious he sees it the the plane was coming into National about an amendment I had prepared to way I see it. and the transponder was not working. offer to the class action legislation, the We were called up to a secret meeting I say to my friend from New York, underlying class action legislation. I today to hear about all the threats on even though those ships have tran- think instead of getting into a discus- our Nation. That is not an idle trip up sponders—— sion of that amendment, let me express to that room. If it is to mean anything, Mrs. BOXER. I am from California. I my disappointment that we are not we better get busy. I meet with my was born in New York, but I am from doing anything this week here in the local police and fire. Do you know California. Senate. what? When there is a terrorist attack, Mr. REID. I am sorry? I was asked last week, as I am sure the White House does not get the call; Mrs. BOXER. You said: I say to my all of us were by our constituents, what the Senate does not get the call; the friend from New York. I was born are you doing in the Senate? What is

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7785 Congress doing these days? I tried to September and presumably have a few tion of doing a conference. I think the answer honestly and said: Nothing. We weeks of work there before we adjourn. chances of getting a conference done in are treading water in the Senate. We I regret we are not able to do more. I this election year with two conven- are not doing anything. regret our procedural circumstance we tions and with all the problems we I checked with the Parliamentarian find ourselves in prevents me from of- have to address. The appointment of about the procedural status we are in fering the amendment I had intended conferees is further cast into doubt by in the Senate this morning. I am in- to offer. But I will look forward to an virtue of the minority leader’s threat formed this is the status: We have S. opportunity to offer that amendment, earlier in the year to the appointment 2062, which is this bill to reform class if and when we get to a point where of conferees for the rest of the year. So action procedures. There is an amend- amendments are in order on this pend- if you add these poison amendments to ment offered to that by Senator FRIST, ing legislation. this bill, these extraneous amendments a perfecting amendment. There is a I yield the floor. that have nothing to do with the bill, second-degree perfecting amendment The PRESIDING OFFICER. The Sen- you are basically killing the bill. Ev- offered to that. There is a motion to ator from Utah. erybody knows that. The majority commit that has been made by Senator Mr. HATCH. What is the parliamen- leader had no choice other than to do FRIST. There is a Frist perfecting tary situation? what he did. amendment to the motion to commit, The PRESIDING OFFICER. The I certainly did not hear any assur- and there is a Frist second-degree per- pending question is the second-degree ances from the minority leader yester- fecting amendment to the first-degree amendment to the motion to commit. day on whether he would consent to Mr. HATCH. Mr. President, I would perfecting amendment to the motion to the appointment of conferees to this like to take a moment to address a few commit. So the obvious question I put bill. As such, I am led to believe his po- remarks made by my colleagues on the to the Parliamentarian is, what is sition remains unchanged. But even if other side of the aisle during yester- he did consent, I don’t think there there that is in order for us to offer at day’s debate on the class action bill. this time for the Senate to consider? First, they repeatedly accused the would be enough time to do a con- The answer is, nothing. Nothing is in leader of jeopardizing the chances of ference. We have 62 people who said order. The tree is full, as the par- getting this bill passed by filling in the they would support this bill. That liamentary expression goes, and noth- amendment tree. Give me a break. means all 62 should vote for cloture so ing can be offered. That is the phoniest argument I have we can actually pass this bill. But un- There is also a cloture motion that ever heard. The fact is, they are trying fortunately, we have some who agreed has been filed on the underlying meas- to kill this bill, and they are probably they would vote for cloture—that was ure. That would be a motion that will going to be effective in doing so. the whole reason for the agreement come to a vote presumably tomorrow I hate to give up—and I haven’t given last November—and are now changing to bring the debate on the underlying up yet—but that is what is happening. their minds and saying, well, this is bill to a close. Of course, that motion I have been through it so many times something I can’t support because we will come up without Senators having around here that I know when there is want our colleagues to have their right been able to offer amendments. I would a real desire to kill a bill. The way you to put poison pills on this bill. doubt seriously that that cloture mo- do it is with nongermane amendments (Mr. TALENT assumed the Chair.) tion would prevail, but that would be a that are called killer amendments or Mr. HATCH. Well, they cannot have surmise. I don’t know that that is the poison pills, because they are political it both ways. Let me be clear. It is be- case. amendments one side or the other does cause of the potential feeding frenzy All of this procedural mumbo jumbo not want. The leader filled the tree be- that the leader moved to safeguard the I am reciting in order to make the cause he wanted to protect the bill bill from an open season on nonpoint that there is no effort I am aware from extraneous amendments that germane, nonrelevant, extraneous of to move ahead with a lot of the im- would eliminate any chances of this amendments. He did it to advance the portant items that need to be dealt measure becoming law. Anybody who ball on this legislation so it can be con- with in the Senate. The Senator from argues otherwise is being deceptive. sidered without the same initiatives we California raised a couple of those Everyone here knows the class action saw with other measures that were items that relate to homeland security. bill was an extremely attractive vehi- considered by the Senate this year. He There are many others also we could cle for extraneous amendments, espe- did it with the hope of reaching a time get unanimous consent to move ahead cially those amendments that were agreement on amendments. He was not on and that would be good policy ini- sure to be offered for the sole purpose being unreasonable. He even allowed tiatives that would benefit our coun- of scoring political points during an one nongermane amendment the Demo- try. I am frustrated—as I am sure election year. But what my Democratic crats have tried to get an up or down many Senators are—that we are in this colleagues conveniently overlook is vote on all year, which members on circumstance. I am frustrated this this bill will find itself in the recycle this side feel is a terrible amendment. week is essentially lost to any produc- bin if it is saddled with a host of irrele- But probably it would pass, who knows. tive activity. vant amendments. While this is cer- At least some think it would probably Next week I am informed we will be tainly a win/win situation for those on pass. I think there needs to be a sub- debating a constitutional amendment the other side of the aisle who oppose stitute amendment to it that would on gay marriage. I concur with the this bill, apparently including some of probably pass. comments of the Senator from Nevada the Democratic leadership, I find it a I want to remind my Democratic col- that there is no chance the necessary truly puzzling outcome for those who leagues the majority leader made three two-thirds vote of the Senate is going say they support class action reform. extremely generous offers regarding to be there to pass that constitutional Not only does a loaded bill risk peeling the consideration of germane and non- amendment. The Founding Fathers had away Senate votes from the underlying germane amendments. great wisdom in saying, when you are class action measure, it will, in all cer- First, he asked unanimous consent amending the Constitution, you can’t tainty, undergo changes when it goes that amendments be limited to five re- just do it with a majority vote. You through the House. And what happens lated amendments to be offered by have to have a two-thirds vote. I can then? Do we have a conference to re- each side. So nobody would be fore- say with very little fear of contradic- solve our differences? I think the an- closed from offering the amendments tion, there are not two-thirds of all swer is a resounding no. I don’t think they might think are important. When Senators who favor going ahead and the other side is going to permit this the minority leader objected to the passing a constitutional amendment at because this bill flies in the face of the offer, he expanded the request to in- this time. So again, that will be an- demands of one of their greatest hard clude 10 related amendments on each other wasted week next week. money constituent givers, and that is side. I don’t know how he could have We have one more week then, and the trial lawyers of America. been more fair. When the minority then we are in recess for 6 weeks. Then We all know there is little time left leader rejected this even more gen- we come back in the second week in in this Congress to go through the mo- erous counterproposal, the majority

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7786 CONGRESSIONAL RECORD — SENATE July 8, 2004 leader yet again expanded the agree- over. I think it is about time to set the to oppose class action legislation that con- ment to include an unlimited number record straight. tains jurisdictional provisions that are simi- of related amendments. In other words, Let me start by saying Chief Justice lar to those in the bills introduced in the amendments that are pertinent to the Rehnquist has never written a letter, 106th and 107th Congresses. If Congress determines that certain class actions should be bill, that are at least germane. Again, issued a statement, nor published an brought within the original and removal ju- the minority leader rejected this third opinion that comes out in opposition to risdiction of the federal courts on the basis offer. Of course, let us not forget each this bill. Rather, my colleagues who of minimal diversity of citizenship and an offer included an up-or-down vote on a make this claim rely on outdated let- aggregation of claims, Congress should be nongermane amendment that the ters from the Federal Judicial Con- encouraged to include sufficient limitations Democrats demanded, which is an ference espousing opinions on prior and threshold requirements so that federal courts are not unduly burdened and states’ amendment by Senator KENNEDY on iterations of this bill—prior iterations, jurisdiction over in-state class actions is left the minimum wage. not the same language of this bill. undisturbed, such as by employing provi- We also heard yesterday that filling On two prior occasions, the Judicial sions to raise the jurisdictional threshold the amendment tree was unprece- Conference expressed opposition to ear- and to fashion exceptions to such jurisdic- dented, and we are somehow commit- lier bills, as offered in the 106th and tion that would preserve a role for the state ting a terrible wrong against the insti- 107th Congresses that would have ex- courts in the handling of in-state class ac- tution of the Senate. How soon we for- panded Federal diversity jurisdictions tions. Such exceptions for in-state class ac- get the past. I remind my colleagues over purported class actions. But in tions may appropriately include such factors that the minority leader filled the tree March of last year, a substantial shift as whether substantially all members of the class are citizens of a single state, the rela- in October of 2002 on the homeland sein position occurred. In a March 26, tionship of the defendants to the forum curity bill, which was even a more im- 2003, letter to the Judiciary Com- state, or whether the claims arise from portant bill than this one, although mittee, the Judicial Conference ex- death, personal injury, or physical property this is an extremely important bill for pressed its position on the bill by stat- damage within the state. Further, the Con- this country. Mind you, he filled the ing: ference should continue to explore additional tree after promising at the beginning That Congress may decide to base a statu- approaches to the consolidation and coordi- of his tenure as then-majority leader tory approach to remedy current problems nation of overlapping or duplicative class ac- he would never fill the tree. But he did with class action litigation by using minimal tions that do not unduly intrude on state courts or burden federal courts. so, anyway. To be sure, we even saw diversity litigation. The Conference position recognizes that the use of minimal diversity The Conference in 1999 opposed the class Senator BYRD do it when he was the may be appropriate to the maintenance of action provisions in legislation then pending majority leader. Unprecedented? Come significant multi-State class action litiga- (s. 353; H.R. 1875, 106th Cong.). That opposi- on, give me a break. Terrible wrong? tion in the Federal courts. tion was based on concerns that the provi- Let us not hide behind Senate proc- sions would add substantially to the work- The Judicial Conference also sug- ess in order to play both sides of the load of the federal courts and are incon- gested employing provisions to raise fence on class action reform. I said it sistent with principles of federalism. The the jurisdictional threshold and fash- yesterday, and I will say it again March 2003 position makes clear that such ioning exceptions that would preserve opposition continues to apply to similar ju- today: S. 2062 represents a bipartisan a role for the State courts in the han- risdictional provisions. agreement we reached in good faith dling of in-State class actions. The Conference recognizes, however, that with key Democrats who say they sup- Congress may decide to base a statutory ap- Senator FEINSTEIN offered an amend- port class action reform. We agreed to proach to remedy current problems with ment during the ensuing markup that a number of their amendments in order class action litigation by using minimal di- was directly responsive to these sug- to get them to agree to vote for clo- versity jurisdiction. The Conference position gestions. Those changes were reflected ture. That was the agreement. And im- recognizes that the use of minimal diversity in the version of the bill reported fa- may be appropriate to the maintenance of plied in that agreement was to vote vorably by the Judiciary Committee in significant multi-state class action litiga- down poison pill amendments that early April 2003. tion in the federal courts. The use of the would kill the bill. Otherwise, they Perhaps more important than what term ‘‘significant multi-state class action weren’t sincere; we know they must was said is what was not said. Nowhere litigation’’ focuses on the possibility of multi-state membership within the plaintiff have been at the time, but they would in the letter does the Judicial Con- not have been sincere in the bipartisan class. The actions to which this term applies ference express opposition to the bill are nationwide class actions, as well as class agreement we reached. We reached a now in consideration. I think this si- compromise because I thought the ulti- actions whose members include claimants lence is deafening and speaks for itself from states within a smaller region or sec- mate goal was to get class action en- on where the Judicial Conference tion of the country. Minimal diversity in acted into law. stands. these cases would facilitate the disposition Let me be clear when I say my agree- I ask unanimous consent that the of litigation that affects the interests of citi- ment to further moderate this bill was March 26 Judicial Conference letter be zens of many states and, through their citi- in no way predicated on letting this zens, affects the many states themselves. printed in the RECORD. legislation become a ‘‘Christmas tree’’ Parallel in-state class actions in which the There being no objection, the mate- plaintiff class is defined as limited to the for unrelated measures. This is never rial was ordered to be printed in the the way we have done business around citizens of the forum state are not included RECORD, as follows: within the term ‘‘significant multi-state here. Our agreement was about getting JUDICIAL CONFERENCE class action litigation.’’ Parallel in-state class action reform enacted, and that is OF THE UNITED STATES, class actions might share common questions the very direction our leader is moving Washington, DC, March 26, 2003. of law and fact with similar in-state actions us toward. I can only hope my col- Hon. ORRIN G. HATCH, in other states, but would not, as suggested leagues on the other side of the aisle Chair, Committee on the Judiciary, U.S. Senate, herein, typically seek relief in one state on who say they support this bill can see Dirksen Senate Office Building, Wash- behalf of citizens living in another state. Ac- that. A deal is a deal. They should not ington, DC. cordingly, parallel in-state class actions break it because politically it might be DEAR CHAIRMAN HATCH: I write to provide would not present, on a broad or national you with the recently adopted views of the scale, the problems of state projection of law in their best interest to do so. That Judicial Conference of the United States, the beyond its borders and would present few of works both ways. We should not break policy-making body for the federal judiciary, the choice of law problems associated with it because politically it might be in our on class action legislation, including S. 274, nationwide class action litigation. In addi- best interest to bring up extraneous, the ‘‘Class Action Fairness Act of 2003,’’ in- tion, to the extent problems arise as a result nongermane amendments and make troduced by you and other co-sponsors. of overlapping and duplicative in-state class them vote on them. On March 18, 2003, the Judicial Conference actions within a particular state, the state Another argument my colleagues on unanimously adopted the following rec- legislative and judicial branches could ad- the other side raised repeatedly yester- ommendation: dress the problem if they were to create or That the Judicial Conference recognize day was the Judicial Conference and utilize an entity similar to the Judicial that the use of minimal diversity of citizen- Panel on Multidistrict Litigation, as some the Chief Justice of the United States ship may be appropriate to the maintenance states have done. are somehow opposed to this bill. I of significant multi-state class action litiga- Further, the position seeks to encourage have heard this point made over and tion in the federal courts, while continuing Congress to include sufficient limitations

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7787 and threshold requirements so as not to un- ‘‘Class Action Fairness Act of 2003,’’ with 106th and 107th Congresses. If Congress deter- duly burden the federal courts and to fashion several amendments. The bill, as amended, mines that certain class actions should be exceptions to the minimal diversity regime would determine whether a federal court has brought within the original and removal ju- that would preserve a role for the state jurisdiction over a class action based on the risdiction of the federal courts on the basis courts in the handling of in-state class ac- fraction of the plaintiff class members that of minimal diversity of citizenship and an tions. The position identifies three such fac- are citizens of the same state as the primary aggregation of claims, Congress should be tors that may be appropriately considered in defendant. encouraged to include sufficient limitations crafting exceptions to minimal diversity ju- I value the unique perspective of the Judi- and threshold requirements so that the fed- risdiction for class actions. These factors are cial Conference regarding class action litiga- eral courts are not unduly burdened and intended to identify those class actions in tion. Therefore, I request that the Judicial states’ jurisdiction over in-state class ac- which the forum state has a considerable in- Conference provide Members of the Senate tions is left undisturbed, such as by employ- terest, and would not likely threaten the co- Judiciary Committee with its views on S. ing provisions to raise the jurisdictional ordination of significant multi-state class 274, the ‘‘Class Action Fairness Act,’’ as re- threshold and to fashion exceptions to such action litigation through minimal diversity. ported out of the Committee today, by April jurisdiction that would preserve a role for (The factors do recognize certain situations 25, 2003. the state courts in the handling of in-state where plaintiffs from another state may be If you have any questions about this re- class actions. Such exceptions for in-state included in an otherwise in-state action.) quest, please do not hesitate to contact Ed class actions may appropriately include such The first factor would apply to class ac- Pagano or Susan Davies of my staff. They factors as whether substantially all members tions in which citizens of the forum state can both be reached at 202–224–7703. Thank of the class are citizens of a single state, the make up substantially all of the members of you for your assistance and continued in- relationship of the defendants to the forum the plaintiff class. Such an in-state class ac- sight on class action litigation. state, or whether the claims arise from tion exception could include consumer class Sincerely, death, personal injury, or physical property action claims, such as fraud and breach of PATRICK LEAHY, damage within the state. Further, the Con- warranty claims. The second factor would United States Senator. ference should continue to explore additional apply to a class action in which plaintiff approaches to the consolidation and coordi- class members suffered personal injury or Mr. HATCH. In its April 25 response, nation of overlapping or duplicative class ac- physical property damage within the state, the Judicial Conference noted that the tions that do not unduly intrude on state as in the case of a serious environmental dis- markup changes to S. 274 were respon- courts or burden federal courts. aster. It would apply to all individuals who sive to its previous comments about S. 274, as reported by the Senate Judiciary suffered personal injuries or losses to phys- changing the jurisdictional threshold Committee, generally provides for federal ju- ical property, whether or not they were citi- and preserving the role of the State risdiction of a class action based on minimal zens of the state in question. The third fac- diversity of citizenship if the matter in con- tor recognizes that it may be appropriate to courts in handling State class actions. troversy exceeds the sum of $5 million, ex- consider the relationship of the defendants Indeed, the Judicial Conference exclusive of interest and costs. (S. 274 as intro- to the forum state. Such consideration is not pressed no opposition to the revised duced established a $2 million minimum intended to embrace the term ‘‘primary de- version of S. 274 reported favorably by amount in controversy.) The bill also now fendants’’ (or a similar term), which lan- the Judiciary Committee. permits a federal district court, in the inter- guage has been used in past and present class The Judicial Conference explicitly ests of justice, to decline to exercise jurisdic- action bills as part of an exception to mini- tion over a class action in which greater declined Senator LEAHY’s invitation to mal diversity. Such a reading could extend than one-third but less than two-thirds of minimal diversity jurisdiction to cases in propose alternative language. The Ju- the members of all proposed plaintiff classes which a single important defendant lacked dicial Conference’s resolution delib- in the aggregate and the primary defendants in-state citizenship. While the relationship erately avoided specific legislative lan- are citizens of the state in which the action of the defendant to the forum may have guage out of deference to Congress’ was originally filed. The court would be re- some bearing on state adjudicatory power, judgment and the political process. The quired to consider five specified factors when an insistence that all primary defendants letter further noted that: exercising this discretion. (This discre- maintain formal in-state citizenship is too [T]hese issues implicate fundamental in- tionary provision was not included in the bill limiting and may preclude in-state class ac- terests and relationships that are political in as introduced.) tions where a defendant has sufficient con- In addition, S. 274 as reported provides nature and are peculiarly within Congress’ tacts with the forum state, regardless of citi- that the federal district courts shall not province. zenship. have original jurisdiction over any class ac- We would appreciate your consideration of I ask unanimous consent that the tion in which: (A) two-thirds or more of the these comments and the position of the Judi- letter of April 25, the Judicial Con- members of all proposed plaintiff classes in cial Conference. Should you or your staff ference response, be printed in the the aggregate and the primary defendants have any questions, please contact Michael RECORD. are citizens of the state in which the action W. Blommer, Assistant Director, Office of was originally filed; (B) the primary defend- Legislative Affairs, Administrative Office of There being no objection, the material was ordered to be printed in the ants are states, state officials, or other gov- the U.S. Courts, at (202) 502–1700. ernmental entities against whom the district Sincerely, RECORD, as follows: court may be foreclosed from ordering relief; LEONIDAS RALPH MECHAM, JUDICIAL CONFERENCE or (C) the number of members of all proposed Secretary. OF THE UNITED STATES, plaintiff classes in the aggregate is less than Mr. HATCH. To be sure, on the very Washington, DC, April 25, 2003. one hundred. As introduced, the second and day the bill was reported from com- Hon. PATRICK J. LEAHY, third exceptions were the same, but the first mittee, the ranking member sent let- Ranking Member, Committee on the Judiciary, one originally precluded federal jurisdiction ters to the Judicial Conference request- U.S. Senate, Dirksen Senate Office Build- where ‘‘the substantial majority of the mem- ing, Washington, DC. ing comments on the revised version of bers of the proposed plaintiff class and the DEAR SENATOR LEAHY: Thank you for your primary defendants are citizens of the State S. 274 as reported out of committee and letters of April 9, 2003, and April 11, 2003. In in which the action was originally filed’’ and further urging that the Judicial Con- those letters, you requested that the Judi- ‘‘the claims asserted therein will be gov- ference propose alternative legislative cial Conference provide the Senate Judiciary erned primarily by the laws of’’ that state. language reflecting its views on how Committee with legislative language imple- The replacement language in essence sub- the jurisdictional provisions should be menting the Judicial Conference’s March stitutes a numerical ratio for ‘‘substantial structured. 2003 recommendations on class-action litiga- majority’’ and eliminates the choice-of-law I ask unanimous consent that the tion and the views of the Conference on S. requirement. letter of April 11, 2003, from Senator 274, the ‘‘Class Action Fairness Act of 2003,’’ We are grateful that Congress is working as reported by the Senate Judiciary Com- to resolve the serious problems generated by LEAHY be printed in the RECORD. mittee on April 11, 2003. overlapping and competing class actions. There being no objection, the mate- As you know, at its March 18, 2003, session, The Judicial Conference ‘‘recognizes that the rial was ordered to be printed in the the Judicial Conference adopted the fol- use of minimal diversity of citizenship may RECORD, as follows: lowing resolution: be appropriate to the maintenance of signifi- U.S. SENATE, That the Judicial Conference recognize cant multi-state class action litigation in COMMITTEE ON THE JUDICIARY, that the use of minimal diversity of citizen- the federal courts.’’ At the same time, the Washington, DC, April 11, 2003. ship may be appropriate to the maintenance Judicial Conference does not support the re- LEONIDAS RALPH MECHAM, of significant multi-state class action litiga- moval of all state law class actions into fed- Secretary, Judicial Conference of the United tion in the federal courts, while continuing eral court. Appropriate legislation should States, Washington, DC. to oppose class action legislation that con- ‘‘include sufficient limitations and threshold DEAR MR. MECHAM: Today, the Senate Ju- tains jurisdictional provisions that are simi- requirements so that federal courts are not diciary Committee approved S. 274; the lar to those in the bills introduced in the unduly burdened and states’ jurisdiction

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7788 CONGRESSIONAL RECORD — SENATE July 8, 2004 over in-state class actions is left undis- mane, and they might even be able to Despite all the rhetoric we have turbed.’’ Finding the right balance between bring up nongermane amendments if heard from the other side about how these objectives and articulating that bal- they could get a supermajority vote on they support class action reform, about ance in legislative language implicate impor- them. So nothing would stop them how terrible this system has become tant policy choices. Any minimal-diversity bill will result in from at least an attempt to bring up and about how we have a modest bill certain cases being litigated in federal court nongermane amendments. that fixes the problem, we will know that would not previously have been subject I would like to also reply to com- their true colors when we vote on clo- to federal jurisdiction. The effects of this ments made yesterday in defense—can ture either tonight or tomorrow. transfer should be assessed in determining anyone believe it?—of Madison County, It makes absolutely no difference the appropriateness of various limitations on IL. I heard suggestions that the Madi- whether Senators vote no because they the availability of minimal diversity juris- son County court is not as renegade as oppose the bill or because they want to diction. we have portrayed it. After all, the preserve the sanctity of the Senate Mr. HATCH. The Judicial Conference number of certifications has not esca- process. A vote against cloture is a concluded its letter by stating: lated at the same rate as the number of vote against class action reform. It We are grateful that Congress is working cases brought. does not get any simpler than that. to resolve the serious problems generated by Now, this fact may have some appeal By the way, how can they make that overlapping and competing class actions. on its surface but when one looks at argument when they have a right to Finally, another piece of evidence why the certifications are so low, I bring up any amendment they want to that counters the Judicial Conference’s think they will find themselves right after cloture is invoked? True, non- purported opposition to the class ac- back to the inescapable conclusion germane amendments will have to have tion bill is Chief Justice Rehnquist’s that this court is a downright embar- a supermajority vote to pass, but all 2003 year-end report on the Federal ju- rassment to our civil justice system. germane amendments only have to diciary. While this report criticizes Any attempt to defend Madison Coun- have a majority vote to pass. How can various legislative measures considered ty’s record on class certification must they make these types of clownish ar- by the Congress, absolutely no mention account for the number of class actions guments? To make a long story short, it is ap- is made of class action reform efforts. that were not certified because the de- parent that sometimes money does I suppose this begs the question then, fendants, knowing that the judicial count around here, and the only reason if the Judicial Conference and Chief deck was stacked against them, simply this thing is fought so hard is because Justice Rehnquist stand opposed to conceded defeat and settled rather than the major funding institution in this this bill, why is there no reference to go through the motion of defending country happens to be the trial lawyers such a measure in their year-end re- their lawsuit in this court. port? As I said yesterday, the plaintiffs’ for those on the other side of the aisle. Now, what galls me is that last No- Again, I think the silence speaks for lawyers who descend on this small vember, when we had 59 votes for clo- itself. I ask my colleagues to refer to rural courthouse in southwestern Illi- ture, 1 less than was necessary to end the 2003 Year-End Report on the Fed- nois know class certification is a sure the debate, we then made all kinds of eral Judiciary which can be found eas- thing and that all they need to do is concessions to three more Democrats— ily enough on the Supreme Court’s come up with a complaint in order to and I think the business community website. extort a settlement from the unfortu- knows who they are—that are now in Mr. HATCH. With all of this said, is nate defendants. These settlements this bill to get their agreement that it credible to suggest that the Judicial come well before the class certification they would vote for cloture when the Conference, much less the Chief Jus- phase of the lawsuit and is exactly why time came. There was no misunder- tice of the United States, stands some- this court is so attractive to greedy, standing. Everybody knew there would how opposed to the class action bill? I dishonest lawyers—greedy, flagrantly be an attempt to load this bill up with think not. dishonest lawyers—looking to make a poison pill amendments or killer I will refer to this ‘‘myth’’ chart. The quick buck, money hungry lawyers amendments, if one wants to call them myth is that the Federal Judicial Con- looking to buy their next Gulfstream that. It meant that we at least go to ference opposes the Class Action Fair- at the expense of everyday Americans cloture and get 62 votes for cloture, ness Act. such as Hilda Bankston, dishonorable and I believe it meant more than that. These are the facts: The Conference’s lawyers looking to pay off their next I think when we make a deal, those opposition was directed at class action multimillion-dollar mansion in Palm who enter into that deal agree to sup- bills in previous Congresses. In March Beach, FL, at the expense of shattering port the bill, against all amendments, 2003, the Conference strongly criticized public confidence in our civil justice unless we can agree otherwise. Unfor- the current class action system and system, and unscrupulous lawyers tunately, that is not the interpretation suggested several areas to modify the seeking to fund the next campaign of a of some who agreed to the deal last No- Class Action Fairness Act. State court judge who can tilt the vember. But there could be no mis- After the Class Action Fairness Act playing field for them in yet another understanding. Their agreement last was modified during markup, the Con- magnet jurisdiction. November was to vote for cloture. The ference declined an invitation to criti- There is something clearly rotten in whole issue was we lacked one vote in cize or revise the version favorably re- middle America, and when it comes to putting this bill before the Senate as a ported by the Judiciary Committee and Madison County, there is only one way whole and letting it have its day in thanked the Senate for its efforts to to describe it: If you go there, they will court, so to speak, in a court that is clean up the State court class action pay. If someone is brought in as a de- much more fair, much more balanced, mess. fendant there, even though they do and much more considerate than the That certainly rebuts everything minimal business in that State, they courts in Madison County, IL. that was said on the floor yesterday are going to pay. There is no excuse for the arguments and today by those who are looking for Finally, I would like to respond to that have been made by the other side. any excuse they can to scuttle this bill. the wild accusations from the other If this bill goes down because we can- Unfortunately, some of them are peo- side of the aisle that the Republicans not get 60 votes for cloture, then shame ple who have agreed to support the bill. are trying to kill this bill because the on those who entered into the agree- That seems apparent to me. I hope it is measure does not go far enough to ment with us. It was not an easy agree- apparent to all of those in the various achieve class action reform. Give me a ment for some of us because we had to States who have relied on these agree- break. I do not think this accusation make changes that literally some of us ments, and at least this agreement merits a real response, other than to would not have made otherwise. So made last November, that we would at observe that my colleagues on the anybody who says this side does not least vote for cloture. That was the other side of the aisle will resort to want this bill to go forward is being whole issue. Then, of course, they just about anything in order to justify less than candid, and I will put it in could still have any amendment they their vote against this bill, in order to those terms, although I think probably wanted to bring up that would be ger- justify this filibuster against this bill. more stark terms would be acceptable.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7789 This is an important bill. This bill gotten around their States and heard ity of the Senate who wants to do that. will correct some of the major wrongs about the destructive impact of abu- Yet year after year, we do not do that. in our society from a litigation stand- sive lawsuits on jobs and economic Why? point. This bill is fair. It is not going growth has to support doing some- It was his speech and my thinking to stop truly in-State lawsuits from thing. I was not planning to speak on about it that led me to decide to come being tried, even in Madison County, it, but the other night I was presiding down here and make a statement be- but this bill does correct some tremen- when this debate began, and I was for- cause I think I know the reason why. It dously rotten situations in our coun- tunate to hear Senator CARPER from is because of the filibuster, or more try. It also would be supported by de- Delaware give one of his initial re- precisely it is because of the way the cent, honest lawyers throughout the marks. I don’t think he realized I was Senate allows the filibuster to be con- country, at least lawyers who do not listening as I was presiding because I ducted. always think of the almighty dollar as was doing a little paperwork, but I did This principle of filibusters is actu- the only reason they are practicing listen. ally a pretty good thing. I think if a law. I heard him give examples of abuses determined minority in any legislative This is a very important bill. There of class actions that have occurred body believes something is really bad, are a lot of great trial lawyers out around the country, items such as a it makes sense to give them some rem- there who I believe are embarrassed by class action lawsuit in Illinois against edy to stop that legislation from pass- some of the arguments that have been a bottled water giant named Poland ing. In fact, I submit to you that the made by my Democratic colleagues. Spring which claimed that the com- filibuster has been consistently abused There are a lot of great trial lawyers pany’s water wasn’t pure and wasn’t in the Senate. Why has that happened? who do not need phony courts, or dis- from a spring. Under the settlement Because the discipline on the filibuster honest courts, or courts that go way the consumers received coupons for dis- is public accountability. The public beyond reasonability, or courts that counts on the water. The company doesn’t like obstructionism for its own favor them, or magnet courts to win didn’t agree they had done anything sake. If they see that happening, they their cases. Great lawyers are going to wrong, didn’t agree to change the will not like it; and if the American be able to win their cases whether they water, and all the plaintiffs got were people do not like something hap- are in State court or Federal court. In coupons to buy more of the water they pening here and focus on it, it tends to fact, I suggest they probably have an were complaining about. But their at- stop. I have been around here long easier chance in Federal court because torneys got $1.35 million. enough to see that. people automatically think those In a Texas class action settlement But because of the way the filibuster courts are more august and the cases with Blockbuster over late fees on is conducted in this body, it is almost more serious. movie rentals, class members received invisible. Therefore, the people do not But here we have a case where true coupons for more movie rentals. The know it is happening, and therefore advantage is being taken of the class attorneys received $9.25 million. I don’t there is no accountability. That is why action system by a limited number of know how my family missed out on we have the abuses of it. Why is it in- lawyers in our society who are getting those coupons—I guess because we visible? In the Senate, in the first fabulously wealthy and rich because of didn’t live in Texas. place, as you know, the passage of a forum shopping to courts like the I could go on, but Senator CARPER bill requires many different steps: the Madison County court that are going made the point that there was obvi- introduction of the bill, assignment to to find for the plaintiffs no matter ously a need to remedy these abuses a committee, first and second readings, what the law or the facts say. That is and a need to do that without under- and all of that. wrong. When plaintiffs are right, they mining the efficacy of the class action In most legislative bodies, those ought to recover, but when they are lawsuit in principle. In other words, we steps are pro forma. In the Senate, not right, they should not recover. The need to be able to have class action many of those steps are debatable. And courts ought to be the bulwark of lawsuits because sometimes a whole lot anything that can be debated can be standing for what is right and not what of people will be done a small wrong. filibustered. is wrong. In the political system that Each of them will experience some The classic idea of a filibuster, as in exists in Madison County, IL, it is a wrong that is so small it is not worth- ‘‘Mr. Smith Goes to Washington,’’ with system that, if it is not corrupt, it is while for any one individual to sue, so final passage of some bill, people the closest thing to it. if they can get together in a class we speaking all night to prevent it from Mr. President, I suggest the absence can remedy that wrong and the attor- being voted on doesn’t have to happen of a quorum. neys can get reasonable attorney’s in the Senate. You can filibuster a bill The PRESIDING OFFICER. The fees. on any number of points. You can fili- clerk will call the roll. But when there is, in fact, no remedy buster it after it has passed to keep it The assistant legislative clerk pro- for the plaintiffs, when there may have from going to conference. The public ceeded to call the roll. been no wrong, and when there are doesn’t know what is happening. Mr. TALENT. Mr. President, I ask these outside attorneys’ fees, it is obvi- The second and bigger reason is that unanimous consent the order for the ously something unjust because it is in the Senate, as all of us here know— quorum call be rescinded. unjust to make people pay when they and I think the public may be begin- The PRESIDING OFFICER (Mr. have not done anything wrong and it is ning to realize—you don’t have to talk HATCH). Without objection, it is so or- not very good for the rest of us. to filibuster. dered. We all know how it works. Those I have served now in my third legisla- Mr. TALENT. Mr. President, I thank awards are paid and then it is passed tive body. It is a tremendous honor to my friend from Utah for being willing along in the form of higher prices or serve here. The pinnacle of the legisla- to assume the chair for a few minutes fewer jobs. Senator CARPER’s point was tive career is to serve in the Senate. In so I could make a brief statement it should not be all or nothing at all. most legislative bodies, when people about the bill pending before us. I want We should not have to have a system are finished talking about the propo- to say, as I listened when I was in the where either we have no class action sition that is pending, you vote on the chair, I appreciated his eloquence on remedies or we allow these abuses to proposition. behalf of the bill. continue year after year. There is no Many times I have sat in the Chair The Senate will realize pretty soon reason in principle why we should not where the distinguished Senator from that I have a bit of a cold. If I pause to be able to fix the abuses while keeping Utah is now sitting. When the last take a sip of water now and then, it is the remedy. speaker has finished some eloquent set not for the dramatic effect but so I can He is right. There is no reason in of remarks, I have asked, Who seeks finish the statement. principle we should not be able to do recognition? And nobody seeks recogni- I had originally not intended to say that. There are people of good will on tion. It doesn’t mean we vote. It means anything about the legislation, al- both sides of the aisle who want to do we go to a quorum call, as we did a lit- though I support it. Anybody who has that. There is obviously a solid major- tle while ago. You don’t have to speak

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7790 CONGRESSIONAL RECORD — SENATE July 8, 2004 to filibuster. You don’t have to debate. are pretty militant anyway, to be even term solvency issue involving Social You just have to decline to agree that more extreme. Then we are gumming Security and Medicare—I am on the debate will end. Unless everybody here up the few bills that do pass because Aging Committee. I will go into that either agrees to a unanimous consent now, if you are sitting here and you more in a moment. The Senator from agreement, or vote by a 60-vote major- have some constructive measure you Idaho, Mr. CRAIG, has spoken elo- ity to end debate on a cloture motion, are trying to pass, and you know the quently on those issues. which itself is a rather clumsy way to only legislation that is going to get The rising cost of health care is a end debate, the debate goes on and on. through this body this year is the de- problem, shortage of oil and natural To allow a filibuster in that way, and fense authorization, let us say, or the gas, need for alternative energy make it so invisible, tends to empower tax relief bill for manufacturers that sources to protect our energy independ- the extremes in a legislative body in we have to pass—because if we don’t ence and security, the failing elec- any given proposition. pass it we are going to get increasing tricity transmission grid in all parts of In most legislative bodies the power trade sanctions all over the world—if the country, the need to renew the dis- in any given proposition, once it these are the two or three bills you tressed and urban neighborhoods, a reaches the floor of that body, belongs know you are going to pass, what do burgeoning immigration system, a in the middle. It makes sense, doesn’t you do? You take your constructive crumbling transportation infrastruc- it? Because to pass it you have to have measure which you have wanted to ture system, shortages of water in the middle with you, typically. But pass for months but can’t because parts of the country, contamination of here the filibuster empowers those nothing else is going through the Sen- water resources, management of feder- folks who like confrontation most. I ate, and you say: Well, that train is ally owned natural resources, and a am not running them down. Every leg- leaving the station and maybe none of policy we are going to take regarding islative body has to have people whose the others are, so I am going to put my defense both in the war on terror and instinct is to say: I am not going to bill on that. also the potential rising power of com- give in. I am going to stand up for this. You use the opportunity to offer non- petitors, such as England and China. I believe in this, or I think it is wrong, germane amendments, which person- This is the top 10 list. I am not even or I think it is right, and I am not ally I like and support. So you offer all counting the more divisive issues or going to give in much. It is important kinds of amendments that are com- the cultural issues on which it would to have those folks in a legislative pletely unrelated to the bill before you be nice if we could work them out and body. But you can’t have them running just because you know it is the only be able to act. Some of these problems the whole show all the time. It empow- opportunity you are going to have to may go away on their own. I am a be- ers those people. It tends to educate pass anything. liever in that. America is a great country. Maybe if people to the temper of partisanship. Then the public wonders how we get we do not do anything, some of them It is so tempting when you are in the immigration bills on class action re- are going to go away. But they are not minority to stop everything through form bills, or how I did this: I put a bill all going to go away. Some of them are the invisible filibuster and then blame that I believe in very strongly to help going to get worse. We cannot solve the majority for not being able to pass fight sickle cell disease on a tax relief any of them without some element of something. That happens in this whole bill for manufacturing, and I would do participation by the Federal Govern- Congress. I don’t blame my friends on it again. But that is because of the way ment. Maybe it is just reform of regu- the other side of the aisle. we are running this place. It is so tempting it would require al- What is the effect? It affects every- lations to allow people in the country most a heroic effort, particularly given thing that gets filibustered. We have to solve the problem. We are going to have to have Federal how divided the country is on a par- seen filibusterss so far in this Senate participation. That will require, at tisan and philosophical standpoint, for and in this Congress on the Energy bill, some point, a Senate that works better them not to have done that. medical malpractice reform, the wel- than the Senate is working now. We The way the Senate does it makes in- fare bill, a number of judges, the asbes- have reached the point where the pa- terest groups more militant. This bill tosis bill, the class action bill, and a is a classic example of that. Everybody ralysis in this body is threatening the number of other bills which are slow- welfare of the people. Some may say— who looks at this issue knows that we walked through—the highway bill, the have problems with litigation, at least and I heard it said with response to the JOBS bill, the faith-based bill. And motion for cloture—respect for the train certain areas. We have problems in that doesn’t even count all the bills State class action abuses. We have ditions of the Senate means we cannot that aren’t even brought up because do anything about this. Everyone who problems with the whole asbestosis the leadership knows they are going to system which is driving dozens of big has been here a while, and I have not be filibustered. been here a while, tells me that never companies into bankruptcy and reduc- Nobody is ever held accountable. The before has the filibuster been taken to ing the number of deep pockets that public wonders why the Senate doesn’t this degree. are available to pay for people who work. If we were to apply a corrective, we really are sick and have asbestosis. We I am going to say something. I get would be restoring rather than over- clearly need reform in these areas. around this town and I get around Mis- turning the traditions of this great What would happen if the process was souri. I am afraid that we are being body. And it is a great body. It is a healthier is that our friends in the per- held in increasingly low regard. I am privilege to be here. I don’t know that sonal injury bar would know that afraid the Senate is being reduced to I have ever worked with as motivated something was going to happen and its constitutional minimum of author- and passionate and intelligent a group would sit down and negotiate, and we ity and effectiveness in this town. We of people. I call on Members on both would come up with a moderate bill, I are like a big roadblock. Ideas don’t sides of the aisle to consider carefully think, probably pretty similar to what come out of here and go places. It is whether it is not time to change our we have before us today. We would pass like the commercial about the roach practices in a way that permits us to it more or less by consensus. But what motel. They check in but they don’t work together, that encourages those do you do when you have this fili- check out. That is what happens here. who seek compromise solutions to the buster? You can just say no. You can The legislative ideas check in and they problems facing the country. Not to do say it doesn’t matter how bad it gets, never check out. so would be a historic abdication of the we are going to pressure and lean on I know some people say that is a responsibilities of this Senate. those in the Senate who are generally good thing. We don’t want anything to I yield the floor. with us philosophically, and we will pass. The PRESIDING OFFICER (Mr. TAL- stop everything from happening. We I just sat down this morning pre- ENT). The Senator from Utah. are empowering the tactically more ex- paring these remarks and I made a list Mr. HATCH. I suggest the absence of treme in this body. We are educating of the things which I think we are a quorum. people to the temper of partisanship. going to have to address. This is a top The PRESIDING OFFICER. The We are driving interest groups, which 10 list: Keep America strong; a long- clerk will call the roll.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7791 The assistant legislative clerk pro- country with their own laws and the action was filed, there is at least ceeded to call the roll. courts. State courts are an integral one defendant who is a citizen of that Mr. FEINGOLD. Mr. President, I ask part of our system of justice. They State from whom significant relief is unanimous consent that the order for have worked well for our entire his- sought and whose alleged conduct the quorum call be rescinded. tory. It is hard to imagine why this forms a significant basis for the claims The PRESIDING OFFICER. Without Senate, which includes many professed asserted by the proposed class. In addi- objection, it is so ordered. defenders of federalism and the prerog- tion, the principal injuries resulting Mr. FEINGOLD. Mr. President, I will atives of State courts and State law- from the alleged conduct of each de- speak in a moment about this class ac- makers, would support such a whole- fendant must have occurred in the tion bill and why I oppose it. I want to sale stripping of jurisdiction from the State in which the action was origi- start by noting my strong disagree- States over class actions. By removing nally filed. Finally, the new bill pro- ment with the procedural tactics used these actions to State court, Congress vides that district court can only de- by the majority to block amendments would shift adjudication away from cline jurisdiction if during the 3-year to the bill. I have some familiarity State lawmakers and State judges to- period preceding the filing of the ac- with the strategy of filling the amend- wards Federal judges, who are often tion, no other similar class action has ment tree. This was done time after unfamiliar with the nuances of State been filed against any of the defend- time, year after year, when campaign law. In my opinion, the need for such a ants even if the case is filed on behalf finance reform legislation was brought radical step has not been dem- of other plaintiffs. These criteria are an improvement to the Senate floor. This is the proce- onstrated. dure that is used to block the Senate Class actions are an extremely im- on the underlying bill. But the jurisdic- from working its will on a bill. portant tool in our justice system. tional requirements for class actions to The Senate has a long tradition of an They allow plaintiffs with very small remain in State courts are still too open process for amendments. Any claims to band together to seek re- burdensome. Under the new language, for example, a class action brought by Senator has the right under our rules dress. Lawsuits are expensive. Without Wisconsin citizens against a Delaware- to offer any amendment to any bill. the opportunity to pursue a class ac- based company for selling a bad insur- That is how the Senate works. It is tion, an individual plaintiff often sim- ance policy would probably be removed amazing to me that the majority lead- ply cannot afford his or her day in to Federal court even if Wisconsin- er would engage in this tactic when he court. But through a class action, jus- based agents were involved in selling has not only majority support for the tice can be done and compensation for the policies. And the filing of a class bill, but a supermajority in support. real injuries can be obtained. action in one State court may lead to Democratic supporters of the bill Yes, there are abuses in some class the successful removal of a similar thankfully are not prepared to block actions suits. Some of the most dis- case filed in another State on behalf of their colleagues from offering amend- turbing have to do with class action plaintiffs in that State. The bottom ments. So I guess it appears that this settlements that offer only discount line is that this bill will continue to bill is going to be sacrificed in order to coupons to the members of the class send the majority of class actions to prevent amendments from being of- and a big payoff to the plaintiffs’ law- Federal court. The proponents of this fered. I commend my Democratic col- yers. I am pleased that the issue of dis- bill have chosen a remedy that goes far leagues who support this bill for not count coupons is addressed in the bill, being intimidated by the arguments beyond the alleged problem. because the bill we considered in Octo- Furthermore, under S. 2062, many made on the Senate floor that they ber 2003 did nothing about that prob- cases that are not class actions at all somehow are breaking their agreement lem. The bill now requires that contin- are included in the definition of ‘‘mass by standing up for the rights of their gency fees in coupon settlements will action,’’ a new term coined by this bill. colleagues to offer amendments. From be based on coupons redeemed, not cou- S. 2062 simply requires that the plain- the very start, it was clear that these pons issued. Attorney’s fees will also be tiff must be seeking damages of more Senators had agreed to support the mo- determined by reasonable time spent than $75,000 for the case to be consid- tion to proceed in order to get the bill on a case and will be subject to court ered a mass action and removable to to the floor of the Senate and to vote approval. The bill also allows a court Federal court. This provision unfairly for cloture, if that motion was again to require that a portion of unclaimed limits State court authority to manage filibustered. They never agreed to vote coupons be given to one or more chari- its docket and to consolidate claims in against all amendments or to block all table organization agreed to by the order to more efficiently dispense jus- amendments. parties. These are all good changes, but tice. Turning to the bill itself, I oppose they do not change my view that the A particularly troubling result of the Class Action Fairness Act, S. 2062, bill, as a whole, unfairly interferes this bill will be an increase in the and I will vote against the bill. with the States’ administration of jus- workload of the Federal courts. These The main reason for my opposition is tice. courts are already overloaded. The that notwithstanding its title, I do not There are three possible outcomes of Congress has led the way in bringing think this bill is fair. I do not think it this bill being enacted. Either the more and more litigation to the Fed- is fair to citizens who are injured by State courts will be deluged with indi- eral courts, particularly criminal corporate wrongdoers and are entitled vidual claims, since class actions can cases. Criminal cases, of course, take to prompt and fair resolution of their no longer be maintained there, or there precedence in the Federal courts be- claims in a court of law. I do not think will be a huge increase in the workload cause of the Speedy Trial Act. So the it is fair to our State courts, which are of the Federal courts, resulting in net result of removing virtually all treated by this bill as if they cannot be delays and lengthy litigation over pro- class actions to Federal court will be trusted to issue fair judgments in cases cedural issues rather than the sub- to delay those cases. brought before them. I do not think it stance of the claims, or many injured There is an old saying with which I’m is fair to State legislatures, which are people will never get redress for their sure we are all familiar: ‘‘justice de- entitled to have the laws that they injuries. layed is justice denied.’’ I hope my col- pass to protect their citizens inter- I don’t believe any of these three leagues will think about that aphorism preted and applied by their own courts. choices is acceptable. before voting for this bill. Think about This bill is not only misnamed, it is I appreciate that the supporters of S. the real world of Federal court litiga- bad policy. It should be defeated. 2062 modified the new diversity juris- tion and the very real possibilities that Make no mistake, by loosening the diction rules for class actions in an ef- long procedural delays in overloaded requirements for Federal diversity ju- fort to allow plaintiffs in class actions Federal courts will mean that legiti- risdiction over class actions, S. 2062 more opportunities to remain in State mate claims may never be heard. will result in nearly all class actions court. Under the new bill, a district One little-noticed aspect of this bill being removed to Federal court. This is court must decline jurisdiction if two- illustrates the possibilities for delay a radical change in our Federal system thirds of the plaintiffs and the primary that this bill provides, even to defend- of justice. We have 50 States in this defendants are from the state where ants who are not entitled to have a

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7792 CONGRESSIONAL RECORD — SENATE July 8, 2004 case removed to Federal court under their own State laws in cases of any The legislative clerk proceeded to the bill’s relaxed diversity jurisdiction size or significance? One argument we call the roll. standards. Under current law, if a Fed- hear is that the trial lawyers are ex- Mrs. CLINTON. Madam President, I eral court decides that a removed case tracting huge and unjustified settle- ask unanimous consent the order for should be remanded to State court, ments in State courts, which has be- the quorum call be rescinded. that decision is not appealable. The come a drag on the economy. We also The PRESIDING OFFICER. Without only exception is for civil rights cases hear that plaintiffs’ lawyers are taking objection, it is so ordered. removed under the special authority of the lion’s share of judgments or settle- THREATS TO OUR NATION 28 U.S.C. § 1443. The original version of ments to the detriment of consumers. Mrs. CLINTON. Madam President, this bill allowed defendants to imme- But a recent empirical study con- this is a very difficult time for our Na- diately appeal a decision by a Federal tradicts these arguments. Theodore tion. A few hours ago, the Secretary of district court that a case does not Eisenberg of Cornell Law School and the Department of Homeland Security qualify for removal. Geoffrey Miller of NYU Law School re- appeared at a press conference to dis- Fortunately, the revised bill now recently published the first empirical cuss in some detail what he could say quires such appeals to be decided study of class action settlements. publicly about the continuing threats promptly. It does not, however, do any- Their conclusions, which are based on our Nation confronts because of the di- thing about the fact that the lower data from 1993–2002, may surprise some abolical plots of the terrorists to un- court may take months or even years of the supporters of this bill. dermine our way of life, to destroy to make a decision on the motion to re- First, the study found that attor- American life, to disrupt American mand. That means that a plaintiff class neys’ fees in class action settlements life. Earlier today there was a closed that is entitled, even under this bill, to are significantly below the standard 33 door hearing for the Senate that went have a case heard by a State court may percent contingency fee charged in per- into even greater detail. still have to endure years of delay sonal injury cases. The average class A few weeks ago I personally was while its remand motion is pending in action attorney’s fee is actually 21.9 briefed by representatives of the De- the Federal district court. Where is the percent. In addition, the attorneys’ partment of Homeland Security, the fees awarded in class action settle- ‘‘fairness’’ in that? I plan to offer an FBI, the CIA, others within our Gov- ments in Federal court are actually amendment, if I even get the chance to ernment who follow the terrorist higher than in State court settlements. address that problem and I hope the threats on a daily, even hourly basis. I Attorney fees as a percent of class re- bill’s sponsors and supporters will give believe it is fair to say there has been, covery were found to be between 1 and it serious consideration. ever since September 11 and I think It is important to remember that 6 percentage points higher in Federal one can argue even before, a concerted this debate is not about resolving ques- court class actions than in State court effort by those who subscribe to the ni- class actions. tions of Federal law in the Federal hilistic philosophy or theology that A final finding of the study is that courts. Federal question jurisdiction underlies the fundamentalist Islamic there has been no appreciable increase terrorists that whatever they could do already exists for that. Any case in- in either the amount of settlements or to strike against our country or Amer- volving a Federal statute can be re- the amount of attorneys’ fees awarded ican interests or American allies any- moved to Federal court under current in class actions over the past ten years. where in the world somehow furthered law. This bill takes cases that are The study indicates that there is no brought in State court solely under crisis here. No explosion of huge judg- their perverted cause, their sense of State laws passed by State legislatures ments. No huge fleecing of consumers purpose to try to strike against free- and throws them into Federal court. by their lawyers. This bill is a solution dom and democracy, against women’s This bill is about making it more time- in search of a problem. It is a great rights and roles, against what the consuming and more costly for citizens piece of legislation for wrongdoers who United States represents as a beacon of of a State to get the redress that their would like to put off their day of reck- opportunity for so many around the elected representatives have decided oning by moving cases to courts that world. they are entitled to if the laws of their are less convenient, slower, and more Representing the State of New York, state are violated. expensive for those who have been I saw firsthand the horrific damage the Diversity jurisdiction in cases be- wronged. It is a bad bill for consumers, terrorists caused because of their at- tween citizens of different States has for State legislatures, and for State tacks on the World Trade Center and of been with us for our entire history as a courts. course at the Pentagon, and then the Nation. Article III, section 2 of the This bill seems not to be about class crash in Pennsylvania of a plane Constitution provides: ‘‘The judicial action abuses, but about getting cases thought to be headed toward either Power shall extend . . . to Controver- into Federal court where it takes this building or the White House. sies between Citizens of different longer and is more expensive for plain- I have met recently, about 2 hours States.’’ This is the constitutional tiffs to get a judgment. The cumulative ago, with a group of interns who came basis for giving the Federal courts di- effect of this bill is to severely limit to my office. I love meeting with the versity jurisdiction over cases that in- State court authority and ultimately young people who work here in Wash- volved only questions of State law. limit victims’ access to prompt justice. ington during the summer. They come The very first Judiciary Act, passed Despite improvements made since the with such energy and enthusiasm. in 1789, gave the Federal courts juris- last time the Senate considered this They were asking me a variety of ques- diction over civil suits between citi- bill, the bill will still place significant tions. One of them said: Senator, what zens of different States where over $500 barriers for consumers who want to do you spend most of your time doing? was at issue. In 1806, in the case of have their cases heard in State court. I told them that certainly, because of Strawbridge v. Curtiss, the Supreme Remand orders are still appealable, and September 11, I have spent the bulk of Court held that this act required com- the mass tort definition does not pro- my time worrying about and working plete diversity between the parties—in tect State courts’ authority to consoli- on behalf of New York to help us re- all other instances, the Court said, a date cases and manage their dockets cover from the attacks, to help us re- case based on State law should be more efficiently. All the elements out- build, to help us try to repair, so far as heard by the State courts. So this bill lined in the bill before us will result in possible, the shattered lives and lost changes a nearly 200-year-old practice the erosion of State court authority dreams of so many thousands of people. in this country of preserving the Fed- and the delay of justice for our citi- Then, once having become a member of eral courts for cases involving Federal zens. Therefore, I cannot support this the Armed Services Committee in Jan- law or where no defendant is from the unfair ‘‘Class Action Fairness Act’’ uary, a year and a half ago, I have been State of any plaintiff in a case involv- bill, and I will vote no. immersed in the details and challenges ing only State law. I yield the floor and suggest the ab- of how we defend our country, how we Why is such a drastic step necessary? sence of a quorum. best protect our interests, how we take Why do we need to prevent State The PRESIDING OFFICER. The care of the young men and women in courts from interpreting and applying clerk will call the roll. uniform.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7793 Running through all of that work has Some issues we hear about all the This is one of those times when I been a commitment to do everything I time. It is indeed frustrating that we think history is watching and will could do as a U.S. Senator to ensure are not even dealing with what is alleg- judge us harshly. that we were vigilant, we took every edly on the Senate floor. We are 4 days after our Independence step necessary and possible to protect But what really frustrates and dis- Day, 4 months before the November our fellow men, women, and children. appoints me is that this impasse, this elections, nearly 5 months after the I have taken that responsibility very games playing, this pure, unadulter- President submitted his budget request seriously. I have introduced legislation ated partisan politics, is preventing us to Congress, and the U.S. Congress has to try to put both more resources into from dealing with the urgent business, yet to send a single appropriations bill homeland security and to allocate the threats, and the dangers that con- to fund the U.S. Government to the those more effectively to ensure that front our country. The Homeland Secu- President for his signature. our first responders, our police and our rity appropriations bill just sits there. The Department of Defense, Home- firefighters and our emergency work- We can’t get it to the floor. We have land Security, Department of Justice, ers, had the resources necessary to do passed out of our requisite committees Federal Bureau of Investigation, Se- the job we expected them to do be- not once but several times steps to cret Service, responsible for coordi- cause, in effect, they are our frontline make our ports safer, to make our rail nating security at both conventions, homeland soldiers. lines safer. For heaven’s sake, we saw Federal Emergency Management Agen- I have worked to protect our rail what happened in Madrid. How can we cy, and a host of others charged with lines and our courts, to ensure that our in good conscience act as though we the solemn responsibility of protecting critical infrastructure has been given don’t have an obligation and a respon- our country have not yet been funded. whatever help can be offered so we are sibility to protect our rail lines and As is so painfully clear, we haven’t prepared, so we are vigilant, because our ports, our critical infrastructure? even taken up the Homeland Security none of us can predict whether there We have just appropriated some addi- appropriations yet. will be an attack or where one might tional funds to make sure we have We could be right now debating on occur. I am well aware of that. That is more security in Boston and New York the floor of the Senate how much not something that we can stand here which will be the home of the Demo- money our first responders need and today and say we know is going to hap- cratic and Republican Conventions, whether we are going to take seriously pen, but we can say with confidence part of our great political democratic the obvious threat to rail lines. And there are people right now, meeting tradition in our country. what about those ports with those throughout the world in cafes in Eu- What about the people who do their thousands of containers that come in? Last week, I was privileged to be in rope, in tents in North Africa, in caves job every day? What about the police Seattle, WA, with my good friend and in Afghanistan, who wish us ill and officers in New York who walk the colleague, Senator MURRAY, who is the who will do everything they possibly streets every day picking up informa- No. 1 champion of port security in this can to kill as many Americans, to in- tion and conveying it to the intel- body. In fact, she was named Port Per- jure as many Americans, and to de- ligence-gathering operations of our son of the Year because of her advo- stroy as much of America as possible. New York Police Department and de- cacy for our ports. I don’t think we have a higher pri- tectives coordinating with the FBI? ority in the Senate than to work to- We went out across the water from What are we doing for them? We are gether in a bipartisan—frankly, a non- downtown Seattle with the skyline cutting the COPS Program. That is partisan—way to provide the resources spread before us to an island that proc- what we are doing. We are not even and to do what is necessary to protect esses a lot of the container traffic. We adding additional money to homeland the people we represent. talked to the Coast Guard, Immigra- That is why it grieves me to come to security. We are cutting the very life- tion, and other personnel who run that the floor of this Senate having watched blood of what keeps the police on the operation. It is an overwhelming task. now for several weeks as we have done streets in a city such as New York and You think about this, one of our nearly everything but focus on the real so many other great cities around our ports—we have so many of them. The business of America. We have an appro- country. biggest are Los Angeles and Long priations bill standing in line for What about our firefighters? With Beach, Seattle-Takoma, and of course, homeland security that we cannot get budget cuts and cutbacks, we are not New York-New Jersey. We have made to the floor. Instead, we are engaged in fulfilling the needs they confront for some progress. I am proud of that these nonsensical, futile, parliamen- interoperable communications for haz- progress. But we haven’t done what we tary, politically partisan games. It is a ardous materials, both training and know needs to be done. shame, and it reflects on all of us, but equipment for the personnel that are We have had report after report after it reflects most on the majority leader- needed with the highly developed skills report by distinguished Americans, by ship of this body. to deal with chemical, biological, and experts in security and intelligence, by It is one thing not to know exactly radiological attacks. people who understand the perverse all we should be doing to protect our I feel as if I am living in some kind mentality of our enemies, and they homeland. It is something altogether of fantasy world, some parallel area. have said over and over again that we different not to be doing the business We have the Department of Home- are not ready, we are not prepared, we we are expected to do to provide as land Security Secretary standing be- have not done our part. many resources effectively deployed as fore our Nation talking about the dan- Let us get back to business. Let us possible to try to ensure that so far as ger and threats we face. We have get serious around here. Elections take humanly possible we have done our job. closed-door briefings for Members of care of themselves. That comes and Look at what we are doing today. the Senate and the House. Yet we don’t goes. Our job is to do the people’s work One can argue about whether dealing get about the business of doing all we right now, today, in July, to deal with with class action is a priority given ev- can to make sure we are prepared. It is important pressing matters, and there erything else going on in our world, bewildering. isn’t any that is more critical than but we can’t even deal with that. When Secretary Ridge announced homeland security. The majority leader comes to the this morning that we have credible re- We still have time, although it is a floor, and in a parliamentary move porting that al-Qaida is moving for- little hard to believe, but we only have makes it impossible to present any ward with its plan to carry out a large- about 2 more weeks, which usually other issue, whether that issue is to try scale attack on the United States, then translates around here into 6 days of to raise the minimum wage for people I think we act as though we have noth- work, and a day like today when noth- who haven’t had a raise in years or ing better to do, at our peril. Shame on ing happens. It is discouraging. whether it is to try to bring about the us. Yet here we are. We have a person There are 100 very smart, energetic, reimportation of drugs from Canada so in our Government responsible for giv- able people in this body who know how that people can pay an affordable price ing us this information based on cred- to work and how to get things done. for the drugs they should be able to use ible reports, and we are ground to a They might as well be on a beach some- for their prescriptions. halt in the Senate. where for all their efforts amount to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7794 CONGRESSIONAL RECORD — SENATE July 8, 2004 with respect to the important issues are going to move off this legislation room, there must be some pollster facing us and the one I am most con- and are going to the gay marriage whispering in someone’s ear and say- cerned about; namely, the security in amendment. I know people have strong ing, If you do this, that, and the other, our country. emotions about that one way or the you can come. Maybe people will be Every intelligence report, every other. However, I am willing to say the fooled into believing—even though you briefing, always mentions New York. It people for New York and the people of are in charge, and as my friend points mentions other places, too, but it al- Nevada, if we weigh on one side the gay out, you are in charge of the White ways mentions New York. The people I marriage amendment and on the other House, the House, and the Senate—that represent, who have already gone side the Homeland Security appropria- somehow the fact that nothing has through so much—the firefighters and tions bill, this scale would tip 95 to 5. happened has to be the other side’s police officers I represent, who have al- Does the Senator agree we have our fault. ready set the world class standard for priorities mixed? I am sure people are saying that, but courage and class—I don’t want to have And let me ask one other question. I how pathetic is that. What does that to look them in the face and say, We went to my luncheon today and one of say about our values and priorities as a could not get around to giving you the my friends in the press said, do you re- nation? If that is what they care about, funds you needed to be sure you got alize what the Republicans are doing? trying to score cheap political, par- those additional pieces of equipment They are going to say you are obstruct- tisan points at the expense of bringing that were required. We could not figure ing everything. up the Department of Homeland Secu- out how we were going to have the Sen- Does the Senator from New York un- rity appropriations in the face of the ate deal with the business as to wheth- derstand that is their game? They will warnings we received today, then it is er you live or die. say we are the ones obstructing these going to be clear for all to see the re- I am proud and honored to serve in bills, when, in fact, they do not want to sponsibility rests on their shoulders. the Senate. I am especially proud and address these issues because they do It is not too late. There are a lot of honored to represent New York. But it not want to take a vote on overtime, Members who have worked day and is hard to understand how we could be they do not want to vote on extending night to deal with the real business of turning our collective backs on the unemployment benefits, they do not America. I am sure my good friend, our most pressing need confronting our want to have a debate on immigration deputy leader on this side of the aisle country. and drug reimportation. who is literally here every waking In 2 weeks we are going to be Would the Senator agree when a gov- hour, would be here even more in order recessing—Democrats will go to Bos- ernment is controlled by one party— to deal with the people’s business. And ton; the Republicans, later in August, President, the House, the Senate and, I what is the people’s business? No. 1, will go to New York—and I guess ev- am sad to say, the Supreme Court—it keeping the people safe. eryone hopes and crosses their fingers is a little hard to blame the other Again, I hope we get about what is and prays to God Almighty that noth- party for obstructing? Does the Sen- important, that our majority leader- ing bad happens. ator agree? ship decide they want to put aside I was raised in a faith tradition that Mrs. CLINTON. Certainly, I agree these petty, partisan, political games believed God helps those who help with my good friend and my distin- dealing with scoring cheap points at themselves; that we were given a soul, guished leader who makes some excel- somebody’s advantage, and work for a heart, and head, and we were ex- lent points. the good of all of our people. pected to use all three. I can only hope Even more than that, as the Senator Mr. DURBIN. If the Senator from we will get a signal from our majority from Nevada knows so well, in the face New York would yield for a question. leader that we are going to go back to of a disaster or another attack, all of Mrs. CLINTON. Certainly. business, we are going to get this proc- this becomes unimportant, trivial, UNANIMOUS CONSENT REQUEST—S. 2537 AND H.R. ess moving again, we are going to bring even frivolous. 4567 the appropriations for the Department I have enough respect for all of my Mr. DURBIN. Madam President, I of Homeland Security to this Senate colleagues that I hope we are not put- would like to ask the Senator from and we are going to act—not that we ting ourselves in a position where in New York if she would allow me to can prevent every bad thing from hap- the event what has been predicted, and make a unanimous consent request at pening but that we will have done our given voice to today by Secretary this time that the appropriations bills duty. There is still time. I hope, for all Ridge, comes to pass, and people right- for homeland security be brought for our sakes, we act. ly can turn and ask, Where were our immediate consideration on the floor Mr. REID. Will the Senator yield? elected representatives? of the Senate. Mrs. CLINTON. Certainly. This goes way beyond politics. This These bills—S. 2537 and H.R. 4567—are Mr. REID. I say through the Chair to is not about Democrats and Repub- currently on the Senate calendar. After the distinguished Senator from New licans. This is about us as Americans. the warnings we received today from York, there is no question the citizens What are our priorities? What do we Secretary Ridge, could there be any- from your State, more than any State think is important? What are we will- thing more important for us to do at in the Union, are troubled every day ing to fight for, stand up for? this moment in time but to move to because every day there is a story that As my good friend points out, the these bills so that units of government something bad is going to happen, and majority has made a different set of in New York, in Illinois, in Alaska, in New York, as the Senator indicated, is choices. They have decided they want Nevada are provided with the funds always mentioned. to create an atmosphere of gridlock they need immediately, so we can I heard the Senator from New York and obstructionism which means we go move this process beyond all the polit- state today that we, the Senate, are so far as not even to take up the Home- ical rhetoric and debate on so many wasting our time. Class action is im- land Security appropriations. issues that take a distant second place portant, but is it as important to my It is profoundly sad. It would be sad to the security of this Nation. family as having better security for my any time, but it is extraordinarily dis- I wonder if it would be appropriate family? I have family members in the heartening that on a day when the Sen- for the Senator to yield to me to make Washington, DC area, in Nevada, and ate was briefed behind closed doors that request, and then I would return one of my sons moved to Utah. I would about the threats, when the Secretary the floor to her. rather we were working on this bill, of the Department of Homeland Secu- Mrs. CLINTON. I so yield. Homeland Security, to make my fam- rity went before the world to talk Mr. DURBIN. Madam President, I ask ily members more secure. about the threats, that we cannot get a unanimous consent that the Senate To top this off, when we leave class debate on the appropriations for the take up for immediate consideration S. action—and the majority has decided Department of Homeland Security. 2537, the Homeland Security Act of they simply cannot allow a vote on im- I have no doubt my good friend is 2005. migration, or certainly they cannot right, there must be some political The PRESIDING OFFICER. In my allow a vote on drug reimportation—we machinations going on in some back capacity as a Senator from the State of

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7795 Alaska and on behalf of Senate Leader- consider issues relative to homeland The Homeland Security bill has been ship, I object. security, not just the appropriations reported by the committee to the Sen- Mr. DURBIN. Madam President, I ask bills but issues relative to port secu- ate floor. We have been trying to get it unanimous consent that the Senate rity and railroad security. There are to the Senate floor. I am prepared to take up for immediate consideration bills on this calendar which have just present a motion to take up the bill H.R. 4567, the Homeland Security Act been languishing. At this moment in right now, and I do. of 2005. time, when we have nothing else going I ask unanimous consent that at a The PRESIDING OFFICER. In my on on the floor of the Senate, why are time to be determined by the majority capacity as a Senator from the State of we not moving as quickly as possible to leader today, the Senate proceed to Alaska, I object. consider those important appropria- consideration of Calendar No. 588, H.R. Mr. DURBIN. Madam President, I am tions bills? 4567, an act making appropriations for disappointed with that decision based Mr. STEVENS. Will the Senator the Department of Homeland Security on what we have seen today and heard. yield for a question, Mr. President? for the fiscal year ending September 30, I hope and I pray nothing happens in Mr. DURBIN. I will yield in just a 2005, and for other purposes. Further, I this country between now and the time minute. I will be happy to yield after I ask unanimous consent that all after we take these bills up. It reflects so make my statement. the enacting clause be stricken, that badly on the U.S. Senate that we have I just pray that we can reach a point the text of Calendar No. 583, S. 2537, the been given fair warning by this admin- where we can get to these bills before Senate-reported bill, be inserted and istration that we face one of the most anything serious happens in America. agreed to in lieu thereof, without serious security threats since 9/11 and But I know in my State of Illinois and waiving any points of order by virtue the Senate is unwilling—there has been in every other State there are units of of this agreement, and that the bill, as an objection to even considering the local government as well as law en- amended, be considered as original text Homeland Security bills at this mo- forcement units and those who are for the purpose of further amendment; ment when, in fact, we have nothing looking for the resources to be able to provided that no amendments shall be else to do here. I hope that history respond to a national emergency. in order which will increase total dis- proves that this was not a wrong deci- If something serious should occur, cretionary spending provided by the sion, but it is a decision which, sadly, God forbid, it is not likely that people bill in excess of the Senate-reported we will have to live with until the lead- will be calling the Senate switchboard. bill totals of $32 billion in budget au- ership of this Senate decides to return. They are going to be dialing 911. They thority and $29.729 billion in outlays; At this point, I yield the floor. are going to be hoping that on the Mrs. CLINTON. I thank my good provided that no other points of order friend from Illinois and I yield the other end of the line there will be a po- shall be waived thereon by virtue of floor. lice department, a fire department, an this agreement; provided further that 2 The PRESIDING OFFICER (Mr. ambulance, or a hospital that can re- hours be equally divided on the bill, ALEXANDER). The Senator from Illinois. spond extremely quickly. And the ques- that up to an extra hour be equally di- Mr. DURBIN. Mr. President, what tion is, obviously: Are we doing all we vided on each amendment, that all those who are following the Senate de- should do on a timely basis to provide amendments be relevant and germane, bate just witnessed is, sadly, a com- the resources to these units of local that all votes occur before 5 p.m. on mentary on what has happened to the government? Monday, and that final passage occur Senate. We are embroiled in debate on Secretary Ridge said today—and I by the same time, 5 p.m. Monday. a class action bill relative to reforming have the highest respect for him; he is Now, I have an urgency to get this the laws of America about how law- an old friend. I came to Congress with bill before the Senate, too. I am de- suits can be filed. Many Members, in him over 20 years ago. He was an excel- lighted the Senator has come to floor. frustration, have wanted to consider lent appointment by the President. But I think it is the first time I have ever many other issues: Should America he said how much we rely on State and seen a member of the committee come now, after almost 6 years-plus of not local first responders. If that is the to the floor of the Senate and ask to increasing the minimum wage, finally case, wouldn’t we want to move as take up a bill without consulting the increase the minimum wage for Amer- quickly as possible to make resources chairman. But I am prepared to take it ican workers? The Senator from Idaho available for them so they can be pre- up. We were prepared to offer this mo- has joined the Senator from Massachu- pared to defend America? That is why tion today. I ask for the unanimous setts in addressing a very important we should consider this legislation. consent agreement to start today—to issue about agricultural workers and The Senator from California, Mrs. start today—and we will finish it by 5 immigration. They would like to offer BOXER, came to the Senate floor today o’clock Monday. an amendment for that purpose, and it and made the same unanimous consent Just as Governor Ridge indicated, has broken down. There can be no request to go to these issues. Again, there is a real urgency behind this bill. agreement reached—at least there has the majority said no, we are not going I would like to take it up. What this not appeared to be an agreement to consider these issues. There is noth- time agreement means is the bill will reached. ing more important. I would hope we be subject to amendment, but anyone Now we are just at rest, at ease, would move to them quickly. who wants to add money has to find standing and doing nothing. It is hard I yield to the Senator from Alaska some source to take it out. This bill is to imagine that any of us were elected for a question. consistent with the budget resolution to the Senate for that purpose and par- Mr. STEVENS. Well, I will seek the we are operating under, which is the ticularly as many Members of the Sen- floor when the Senator is through. budget resolution of 2004. We do not ate, myself included, were called to a Mr. DURBIN. All right. I would just have a new budget resolution, but we secret meeting, classified meeting this say, in conclusion, then, at a time and do have the budget resolution for 2004, morning, with the Secretary of the De- place, I hope we can find this bipar- which put caps on 2005. partment of Homeland Security, Tom tisan agreement to move to these So I am ready to take up this bill. Ridge, as well as the Director of the issues. The sooner the better. Once The chairman of the committee is Federal Bureau of Investigation, Rob- having moved to these issues, I think ready to take it up. If the minority ert Mueller, and were told at that the Senate can dispatch them quickly, wants to come and ask that it come up, briefing that we face an extraordinary on a bipartisan basis, as it should. I am ready. We are ready right now. We threat to America’s security. I am not I yield the floor. will finish it by 5 o’clock Monday. We saying anything out of school because I The PRESIDING OFFICER. The Sen- will have it to the President by 5 can tell you that Secretary Ridge had ator from Alaska. o’clock a week from tomorrow, I guar- a press conference immediately after UNANIMOUS CONSENT REQUEST—H.R. 4567 AND S. antee you that. that private meeting and said as much 2537 So I present the unanimous consent to the American people. Mr. STEVENS. Mr. President, I am request, Mr. President. It strikes me that under those cir- sort of surprised with the Senator from The PRESIDING OFFICER. Is there cumstances we should be moving to Illinois. I attended the same briefing. objection?

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7796 CONGRESSIONAL RECORD — SENATE July 8, 2004 Mr. DASCHLE. Mr. President, I I would hope perhaps within the hour the Senate. Here it is Thursday after- would object, but I would ask the dis- we could work through that concern noon. One of the most important ap- tinguished chair of the Appropriations and come back and take up the bill this propriations bills we will confront and Committee, who has worked harder afternoon and, as the distinguished we must deal with, the Senator from than anyone I know in this Chamber to chairman suggests, finish the bill by Alaska, as well intended as I know he try to move the appropriations process early next week. is, is asking the Senate to take it up on forward, if we could not simply do what I will talk, of course, with our distin- a Friday, when he knows most people he is suggesting; that is, bring up the guished ranking member who would travel, and then resolve it before the Homeland Security bill this afternoon. certainly need to be consulted before end of Monday which is also a travel We can get agreement to go to the bill. we agreed to do anything on the Senate day. We can argue how productive Fri- No one has seen this bill. To be limited floor. The distinguished ranking mem- days and Mondays are. And yes, we to a time limit without having had the ber has also expressed concern about ought to be able to work here 5 days a opportunity to see it—we could even our inability to move forward on this week. work out an agreement on relevant legislation, as well as the ranking That has not been the practice. And amendments. We could certainly work member of the subcommittee. But I am certainly if we gave Senators warning, out a time agreement on amendments pleased that the chairman has re- those who have already made travel ar- themselves. But there is no question sponded to our desire to move this leg- rangements could probably cancel that we could resolve these procedural islation. Let’s hope before the end of those travel arrangements. But here we issues immediately. the afternoon we can have an agree- are. He can’t really mean what he has I ask unanimous consent that we set ment in place and take up the Home- suggested, that he is going to finish an aside the pending business and take up land Security bill. No one could have important bill like this over 2 travel the Homeland Security bill at 3 o’clock been upstairs and heard what we heard days and a weekend. That doesn’t this afternoon. and not want as much as possible to work. That certainly wouldn’t be rec- Mr. STEVENS. My motion is before deal with all of the issues that are con- ognized by any standard as a good-faith the Senate, Mr. President. fronting us right now. The very least offer. The PRESIDING OFFICER. The Sen- we need to do is to provide the funding Let’s work this bill. Let’s get it done. ator is correct. necessary for the infrastructure that is Let’s have a debate. Let’s have amend- Mr. DASCHLE. Actually, I objected already in place, and we have not even ments. But let’s recognize if we are to that, and I have offered a counter- going to do this, showcasing and pos- proposal. done that. So it is time we do it. It is The PRESIDING OFFICER. Objec- time we recognize the concerns that turing for purposes of trying to make tion is heard. are out there and deal with the respon- it appear as if we are getting the work Mr. STEVENS. The bill I have re- sibilities we have to fund the Homeland done is not going to satisfy the Senate. ferred to was reported to the Senate. It Security Department and all the re- We need to lay this bill down. We need was reported to the Senate on June 21. lated departments and not let this leg- to work through it. We need to get it It has been before the Senate for quite islation languish as we tie ourselves up done. We ought to be doing it rather some time. All I have asked is we have in procedural knots on legislation that than playing all these political games the amendments—it is open to amend- has no place, at least right now, given with class action and all the other ment—and that there be an hour on our circumstances. things that are contemplated now by each amendment. All I have asked is I will work with the chairman, work the majority. the amendments be germane and rel- with the ranking member. Hopefully, Mr. REID. Will the Senator yield for evant and that there be an hour on we can come back to the floor some- a question? each amendment. The only difference time this afternoon and reach agree- Mr. DASCHLE. Yes. between what the distinguished minor- ment. Mr. REID. Mr. President, the Senator ity leader and I have requested is I The PRESIDING OFFICER. Objec- from Alaska—and we all care deeply asked that no amendment would be in tion is heard. about him; he is our President pro tem- order which will increase total discre- Mr. STEVENS. Mr. President, the pore—said he wanted to bring up the tionary spending provided by the bill in distinguished leader has missed part of bill—that was objected to—the Home- excess of the Senate-reported bill to- my unanimous consent request; that is, land Security bill, but under specific tals which, again, is the amount that is that the final vote take place at 5 conditions, limiting debate and amend- consistent with the existing budget o’clock on Monday. So we could go to ments. Does the Senator from South resolution. conference with the House and expect Dakota believe every bill that comes I resubmit that unanimous consent to bring this bill back before we leave up we want to create a new Senate? We request. for the convention recess. Again, I never want to do things the way the The PRESIDING OFFICER. Is there state, I have a few years around here. I Senate has acted for 200-plus years. We objection? don’t remember any Appropriations want to do things the way the House Mr. DASCHLE. Mr. President, again, Committee member raising an issue to does it. We want to have a rule on I think we are very close to reaching bring up a bill without consulting the every piece of legislation. an agreement here. That is probably chairman. I remember the days when This is my second question. Doesn’t the good news that comes in this col- had a Member done that, the Appro- the Senator believe we could take this loquy. I would object only because I am priations Committee chairman would bill up and do it in the ordinary course not sure I understand the implications not have forgotten it. So again, I say of business, as we used to do things? of the final provision within his unani- to the Senate, we are prepared to take We could finish this bill in a couple of mous consent request having to do up this bill under this time agreement days? with the budget. There is no budget. and only under this time agreement Mr. DASCHLE. The Senator from Ne- We don’t have a budget resolution. So today. vada is absolutely right. There are too I don’t know how we can be guided by I yield the floor. many on the other side who want the a budget resolution that doesn’t exist. The PRESIDING OFFICER. The House rules but the 6-year term. If If anybody offers an amendment, my Democratic leader. they want the House rules, I would ad- guess is it would be declared out of Mr. DASCHLE. Let me again respond vise them to run for the House. We order, as the distinguished chairman is to the distinguished Senator from have rules in the Senate that allow for currently proposing. I don’t think that Alaska, chairman of the committee. I debate. One of the advantages of being is his intent, but I think that would be don’t know why we have to have all a Senator is, you have an opportunity the interpretation. And that would, these conditions for taking up an im- to offer amendments and have a good therefore, nullify any opportunity to portant bill like this. What is wrong debate about issues. That doesn’t mean make any alteration to the bill itself. with coming to the floor, working they have to be extended indefinitely. If a 60-vote point of order is required on through the bill, dealing with amend- These issues can be resolved and have any amendment, it negates whatever ments. I am frustrated, I suppose, by been. But issues as important as home- opportunity there is to amend the bill. the extraordinary demands put before land defense and appropriations ought

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7797 to have an opportunity to be debated, the Defense Appropriations bill, sub- Mr. REID. Will the Senator yield for to be vetted, to be discussed, and con- ject to the same basic rules and com- a question? sidered in a thoughtful way. pleting it next week? This could be Mr. DASCHLE. Yes, I will. What the Senator has suggested, that done quickly, could it not, if we follow Mr. REID. Mr. President, I think we somehow we take up the bill this after- the precedence and rules of the Senate, also have to project ourselves into next noon and, with 2 travel days and a and there would not be a necessity for week. I have read in the press that the weekend, resolve all of these questions some of the conditions the Senator majority, when we get off of the bill we is not reasonable and certainly not re- from Alaska has asked for? have been dealing with all week, class alistic. Mr. DASCHLE. The Senator from Il- action, is going to go to a constitu- Mr. REID. Mr. President, will the linois is exactly correct. We would be tional amendment dealing with gay Senator yield for one more question? prepared to accept virtually the same marriage. Now is there anybody who Mr. DASCHLE. I am happy to. conditions we have agreed to in the believes that amendment, which is Mr. REID. We have completed on this past on Defense Appropriations and doomed to failure no matter how you floor—and we did it in expedited fash- other legislation. If that is what it feel about it—how do the people in ion—the Defense Appropriations bill. takes to expedite consideration of South Dakota feel about going to an The Senator from South Dakota con- Homeland Security, I think it is crit- amendment dealing with gay marriage sented to going to conference. We ical that we attempt to accommodate instead of doing an appropriations bill agreed to do it the day after the bill the Senate and try to work through dealing with homeland security? passed. The conferees were appointed. I this very important legislative priority Mr. DASCHLE. I am sure the people have here the Senate calendar. The in an expeditious way. So the Senator of South Dakota share the same feeling conferees were appointed June 24. from Illinois makes a very good sug- as the people in Nevada, Illinois and Is the Senator from South Dakota, gestion. This is yet another approach. across the country. They want us to do our minority leader, aware of the fact Let’s decide to pick it up on Tuesday our work and they want us to recognize that since this important bill passed and move through the legislation. We there are very serious obligations we the Senate, the House of Representa- can probably finish by the middle or have that ought to be met. I cannot tives—and now it is July 8—has simply certainly the end of the next week, and think of a more serious obligation than never even appointed conferees? So all get to conference, even though they to provide for the security of this coun- this about having to do it by 5 o’clock have not appointed conferees in the try. The longer we ignore it, the more so we can go to conference is yelling House. we put our country at peril. I think it out words that mean nothing. The My hope is when it comes to Home- is critical we address these issues in a House hasn’t appointed conferees on land Security, given what we have bipartisan way, a nonpoliticized way, the Defense Appropriations bill since heard today at the briefing, it would be an expeditious way; and certainly by June 24. imperative for us to deal with both of taking this legislation up next week, Mr. DASCHLE. Mr. President, I ac- these bills in the most expeditious we would be doing that. knowledge the Senator from Nevada is manner. I yield the floor and I suggest the ab- absolutely correct. It is mystifying Mr. DURBIN. Mr. President, I am not sence of a quorum. that they would allow a bill as impor- going to make a unanimous consent re- The PRESIDING OFFICER. The tant as this to languish and not ap- quest. The Senator from Alaska clerk will call the roll. point the conferees we had every expec- doesn’t care for that from a member of The assistant legislative clerk pro- tation would have been appointed the the committee. I would like to suggest ceeded to call the roll. same day we did it in the Senate. to the Senator from South Dakota that Mr. BYRD. Mr. President, I ask unan- Again, it is another illustration of the I hope there could be a conversation in- imous consent that the order for the hyperbolic rhetoric we get about con- volving our leader on the Appropria- quorum call be rescinded. cern for conference and process, but tions Committee, Senator BYRD, and The PRESIDING OFFICER (Mr. when given the opportunity, no action Senator STEVENS, as well as Senator CRAPO). Without objection, it is so or- is taken. That has been true on De- FRIST. I hope we can propose specifi- dered. fense, as well as many other bills. It is cally to begin consideration of the De- Mr. BYRD. Mr. President, what is the regrettable. partment of Homeland Security Appro- current business before the Senate? Clearly, this is another illustration priations bill on Tuesday morning and The PRESIDING OFFICER. The Sen- of how unfortunate this whole schedule bring it to a conclusion and completion ate is considering S. 2062, the class ac- has been. We have wasted another as quickly as possible. tion bill. week. We wasted a week with the De- I ask the Senator from South Dakota Mr. BYRD. I thank the Chair. fense Appropriations conference report. if he would consider trying to convene The Chair has indicated that the Sen- We could have completed our work on such a conversation with his fellow ate is presently considering the class the Homeland Security bill this week. Senators. action bill; therefore, I would think it Instead, I don’t think we have had a Mr. DASCHLE. Mr. President, that appropriate for me to add a title to the vote. If we have had a vote, except for will be, once again, the topic of discus- remarks I am about to make, a title the nomination, I don’t recall it. We sion as I discuss the schedule with the which would be as follows: ‘‘Protecting had one vote on a nominee and no majority leader. There cannot be a the People’s Interests Instead of the votes on any legislative substance. We higher priority for our country and the Campaign Interests.’’ have wasted this week. Senate than dealing with homeland se- This morning, Homeland Security We will waste next week, and as we curity issues. Secretary Tom Ridge and FBI Director continue to languish with all of this Why we have not taken up the rail- Mueller briefed Senators, and I am told legislative work before us, we road security issue is another matter that he indicated that al-Qaida cells inexplicably have no opportunity to that is troubling to many of us. There are operating in the United States and offer amendments and consider the leg- are a number of bills related to our se- that multiple and simultaneous at- islative agenda that would make this a curity that ought to be addressed, tacks are possible before the November secure country. That is very unfortu- ought to have the highest priority. Cer- elections. nate. tainly, Homeland Security Appropria- Now, I have been listening, as I sat Mr. DURBIN. Will the Senator yield tions, railroad security, a number of home with my sick wife, to talk about for a question? other issues continue to sit without an amendment to the Constitution. I Mr. DASCHLE. Yes. consideration. I cannot think of a bet- have been married now more than 67 Mr. DURBIN. Does the Senator from ter time to take it up than this after- years to a coal miner’s daughter, and I South Dakota, our minority leader, see noon and tomorrow, but no later than have been listening to all of the wran- any objection to our considering this Tuesday; and I think the suggestion gling that has been going on on this appropriation bill first thing Tuesday, made by the Senator from Illinois is a floor. I therefore felt it appropriate to taking this up on the same type of ex- good one. I will make it to the major- make these few remarks, especially in pedited schedule by which we took up ity leader. the light of what I am told Secretary

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Are we going to eral announced that he had credible in- our Government agencies were not pre- wait until after the conventions meet? telligence from multiple sources that pared to deter or respond to such at- Are we going to wait another 6 weeks al-Qaida plans to hit the United States tacks. I fear that we are still not pre- and then come back and bring up the hard in the next few months. pared to deter or respond to such at- appropriations bill making appropria- In the weeks following the Madrid tacks. Despite the threats, despite the tions for the Department of Homeland railway bombing, the Washington Post dangers, despite even today’s warnings Security? Is that what we propose to reported that the President informed from Secretary Ridge, the Senate this do, daudle? Fiddle-faddle? What is the Republican congressional leader- afternoon continues to debate legisla- wrong with the Senate? ship that he was all but certain that tion to reform the class action lawsuit The Senate is a do-nothing place terrorists would attempt a major at- process. these days, a far cry from what the tack on the United States before the The Senate has spent 3 days on the Senate has been in the years I have November elections. bill without a single rollcall vote. Next seen go by. Why are we wrangling over this polit- week it is expected that the Senate While the Bush administration has ical bill? Why not be talking about pro- will debate a proposed constitutional consistently promised the American tecting the people of the United States amendment on marriage. people that they are making this coun- and their properties against such an al- Now, hear me, listen to that, a pro- try safe, the facts show the administra- Qaida attack? It would seem to me posed constitutional amendment on tion has consistently put homeland se- that should have priority over politics. marriage. There are few people in this curity on the back burner. Time after Your lives, the people out there who Chamber who know as much about that time after time, the distinguished are watching this Senate floor through subject as I do. My wife and I having Democratic whip who sits on the Ap- those electronic lenses, your lives, we been married now 67 years, going on to- propriations Committee of the Senate, ward 70, if it is the Lord’s will. are told, are at stake. Then why do we not only a highly respected member of It is expected that the Senate will de- have before this Senate this class ac- that committee but a very able mem- bate a proposed constitutional amend- ber of that committee, knows that we tion bill? Why not talk about the peo- ment on marriage. Well, these are im- have tried time and time and time ple’s lives that are at stake? The ad- portant matters. Nobody would say again to add moneys for homeland se- ministration says the people’s lives are otherwise. But, frankly, they are not curity in that committee and here on at stake and that we may expect mul- that urgent. They are not life or death the Senate floor. And time and time tiple attacks. What a sinister threat we issues, but they are the priority for the and time again, we have been turned are obviously facing in this country. Senate majority leadership. What are we doing on this floor? Wran- I believe there are other, more urgent down by a Republican administration gling, wrangling, wrangling over a matters that we should be considering. and by the Republican leadership of class action bill. That is not going to The Senate Appropriations Committee this body. Deny that, if you may. I can sit very well with the American people, unanimously reported the Homeland furnish chapter and verse regarding the I don’t believe, once they stop and Security appropriations bill 3 weeks amendments that we have called up think about it. ago, on June 17. Since June 17, the bill trying to bring greater safety to the It would also be appropriate at this has sat collecting dust. Why are we not American people against a terrorist at- point, although it isn’t very common debating that bill? I say to the leader- tack, and time and time again those that it is done on this floor—the Holy ship: Why are we not debating that amendments have been defeated on the Bible is probably not something that bill? floor of the Senate. one should carry onto the floor of the In response to the Madrid train For this administration, homeland Senate, but I am going to read just two bombings, both the Senate Banking security can wait and wait and wait verses of Scripture from the book of St. Committee and the Senate Commerce and then wait. What do they want to Luke, chapter 13. These two verses are Committee reported bills authorizing do, wait another 6 weeks now until we the sixth and seventh verses: new Federal programs to secure our come back after the August recess and He [meaning Jesus] spake also this par- mass transit systems and our rail sys- then take up the Homeland Security able; A certain man had a fig tree planted in tems. The Governmental Affairs Com- appropriations bill? Is that the game? his vineyard; and he came and sought fruit mittee has reported a bill authorizing What might happen in the meantime? thereon, and found none. first responders grants. The Senate has This administration created a new Then said he unto the dresser of his vine- passed an authorization bill to increase Department of Homeland Security that yard, Behold, these three years I come seek- resources for the Coast Guard. But rearranges the deck chairs, but it can- ing fruit on this fig tree, and find none: cut not energize that Department with the it down;— where is the bill? The bill is mired in conference. financial resources that it needs to Cut it down— Why are we not moving forward on make America and the American peo- why cumbereth it the ground? these bills? Why are we piddling around ple safer, and many of the resources I believe there is a day of reckoning here, talking about a political bill, that are provided to the Department coming and it isn’t afar off, when the class action suits—class action suits? have yet to be spent. Get that. Many of American people are going to look at In the face of all the dire warnings that the moneys are still in the pipeline. this fig tree and say: These 3 years I this administration, this White House, They have been in the pipeline. They come looking for fruit on this fig tree this Secretary of the Department of have yet to be spent. and I found none, cut it down. They are Homeland Security, this President—all What a dawdling White House. going to say that to this administra- of the dire warnings that we have In response to the terrorist threat, tion, to this White House. These 3 heard, in the face of that yet we are one might have anticipated that the years—these 3 years—behold, these 3 here piddling around, dawdling, argu- President would have requested the years I come seeking fruit on this fig ing, wrangling over a class action bill. supplemental appropriations for secur- tree and find none. How about that, those of you people ing our mass transit systems, for in- Where are all the wranglers? The peo- out there in the prairies, out there on specting more containers coming into ple of this country are going to render the rivers and the river valleys, out our ports, for increasing inspections of a reckoning to those who are in the there in the Rocky Mountains, those of air cargo, or for increasing the number leadership in this country and they are you in Appalachia? How about that? of Federal air marshals. One might going to say: Behold, these 3 years I Your life, the lives of your children are have expected that the President would came here seeking fruit on this tree at stake. have amended his 2005 budget request

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Instead, the Department seems onto the aircraft. Are we any closer to American people are coming to that satisfied with a go-slow, business-as- deploying systems that could check vineyard seeking fruit thereon and usual approach to homeland security. passengers for explosives? Sadly, sadly, they are going to say these 3 years we the answer is no, no, no. The Department issued advice to have come seeking fruit on this fig tree mass transit systems for improving se- It has been over 21⁄2 years since the Congress passed the USA Patriot Act and found none. Cut it down. curity but provided no funding to in- Listen to that, White House. Cut it crease law enforcement presence or to and set a goal of tripling the Border Patrol and Customs officers on the down. deploy K–9 teams. On March 11 of this year, terrorists Despite the approach of a busy sum- northern border. Have we met the goal? attacked commuter trains in Madrid, mer season for airline passengers, the Sadly, we are 1,428 officers short of the Spain, killing nearly 200 innocent pas- Department of Homeland Security has goal. sengers. The President of the United allowed the number of Federal air mar- It has been nearly 3 years since 9/11 when police and firemen in the World States has not requested a dime for shals to shrink precipitously, and the Trade Center could not talk to one an- mass transit security. No one is sug- President’s budget would result in even other on their radios and tragically gesting we set up a passenger screening deeper reductions next year. hundreds of them perished never to rise system at our train stations like we I have worked with the distinguished in this world again. have at airports, but we should be in- chairman of the Appropriations Com- Are we any closer to providing police vesting in additional guards, better mittee, Senator STEVENS of Alaska, and firemen across the Nation with training, additional K–9 teams, better year after year, month after month, interoperable communications equip- surveillance. Americans use public time after time to increase appropria- ment? Sadly, the answer is no. transportation over 32 million times tions for the Department of Homeland The EPA has estimated that there per workday. The Senate Banking Security. Senator STEVENS and his are 100 chemical plants in this coun- Committee has reported a bill author- committee have brought out bill after try—several of them down in southern izing over $3.5 billion for fiscal year bill, and we brought bill after bill to West Virginia, where one of the great- 2005 for mass transit security and the the Senate floor over these years. We est chemical complexes in the Western Senate Commerce Committee has re- have joined together hand in hand on Hemisphere exists. The EPA has esti- ported a bill authorizing $1 billion for many occasions to seek the adminis- mated that there are 100 chemical rail and Amtrak security. Our citizens tration’s help and have asked the ad- plants in this country, each of which if deserve to be secure as they travel to ministration to send up Tom Ridge be- attacked could harm over 1 million work and back home again. fore the Senate Appropriations Com- people. In February of 2003, the Na- Time and time again over the last 3 mittee to testify back before he be- tional Infrastructure Protection Cen- came a Secretary and subject to the ter, which is now part of the Depart- years I have offered amendments to confirmation of the Senate. Our re- ment of Homeland Security, issued a provide funding for securing our mass quests fell upon deaf ears. threat warning that al-Qaida may at- transit systems and the White House Despite concerns about the safety of tempt to launch conventional attacks consistently called the amendments our borders, the Department, in March, on nuclear or chemical plants. A year wasteful or unnecessary spending. We imposed a hiring freeze on Customs of- and a half later, has the Department need to do more. ficers and Immigration inspectors. Mil- actually hardened the security of the The Hart-Rudman report on the ter- lions of dollars that Congress approved chemical plants? Sadly, that same old rorist threat in this country rec- for port security, for bus security, for refrain: No. ommended a $98 billion investment in hazardous materials grants 9 months More than 95 percent of the Nation’s equipping and training for our first re- ago have not been awarded. Millions of overseas cargo moves through our sponders over the next 5 years, yet the dollars that Congress approved in Feb- ports. The U.S. Coast Guard estimates President did not request an increase ruary of 2003, 17 months ago, for the that a 1-month closure of a major U.S. in first responder funding. Instead, the purchase of additional emergency port would cost our national economy President has proposed to cut first re- equipment for the 28 urban search and $60 billion. We inspect only 9 percent of sponder funding in the Department by rescue teams have not been spent. Mil- the cargo containers that come into over $700 million, including a $246 millions of dollars have not been spent. our ports. There are 361 ports. lion cut in fire grants, and govern- Having this money sit in Wash- In order to help secure the ports, the mentwide the President is proposing ington, DC, does not make any Amer- Coast Guard estimates $1.1 billion is re- cuts of $1.5 billion. We need to do more, ican citizen any safer. quired to implement the Maritime not less. We are living in perilous As a result of the President’s deci- Transportation Security Act in the times. Perilous times. We are a coun- sion not to seek supplemental appro- first year and $5.4 billion over 10 years. try that faces increasing threats from priations, the Transportation Security How much did the President request? terrorists right here at home. Administration was forced to cut fund- The President requested only $46 mil- As Secretary Ridge was said to have ing for training passenger and baggage lion for port security grants, a cut of 62 explained to the country this morning, percent. screeners and for purchasing equip- there is a growing concern about a po- We need to do more than that. The tential terrorist attack before the No- ment for airport checkpoints. American people expect more than You who listen today, it is your life vember election. We are vulnerable, that. The American people have a right and the continual warnings and calls and the lives of your family members to expect more than that. The Amer- for vigilance only magnify that vulner- and your neighbors and your friends ican people have a right to expect from ability. that are at stake. this administration, this White House, As the lines at our airports get better consideration, better safety, What is our response to the Sec- longer and longer this summer, our greater concern. retary’s warnings in this Senate, in citizens will wonder who is responsible. There is a day of reckoning coming, this dear old body which has been my Who is responsible for this lackadai- and it is not far off. home for almost 46 years? We give sical, careless attitude on the part of Let me turn to this old book our fa- whistles to staff in the Capitol and we our government? Where are our govern- thers and mothers read. hope for the best. We sit back and wait ment leaders? Where is the Senate? A certain man had a fig tree planted in his and wait and wait on an appropriations Why is the Senate so mute? That great vineyard; and he came and sought fruit bill that is right here that could have deliberative body, where is it? Why is thereon, and found none. been called up days ago. We sit back

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7800 CONGRESSIONAL RECORD — SENATE July 8, 2004 and wait and wait on this appropria- I could easily wreck in a day or two Later tonight, this bill will be intro- tions bill that would improve Home- What builders have taken years to do.’’ duced by the majority leader. I thank land Security. Instead of action, we I thought to myself as I went away, him for his sensitivity and willingness delay. Instead of action, we call up a Which of these roles have I tried to play: to proceed on this bill. He has been of Am I a builder who works with care, class action bill. Instead of action, we Measuring life by the rule and square, enormous help to my wife and me in get wrangled in political arguing. We Am I shaping my deeds to a well-made plan, this struggle. I thank also Senator delay Homeland Security funds for po- Patiently doing the best I can? DASCHLE for truly making this a bipar- lice officers and firefighters. We delay Or am I a wrecker who walks the town, tisan issue. See, what Senator FRIST immediate investments in border secu- Content with the labor of tearing down? and Senator DASCHLE understand is rity and port security. We say loudly Think about it. that mental illnesses do not register by for all the country to hear, Homeland Now, I had not been told about my party; they afflict Republican and Security can wait. dear friend’s, the chairman’s, proposal Democratic families alike. No, it cannot wait. Homeland Secu- about taking this up, even though I am I would like to thank Senator GREGG, rity cannot wait. And remember, there the ranking member, actually the sen- the chairman of the committee, and his will be a day of reckoning. It will come ior member of the committee, the only staff for their willingness to proceed as surely as I stand here in this place, person on that committee who has with this legislation. It would not have as sure as the sparks fly upward. That been on it for 46 years, the senior Dem- happened without him. day of reckoning is coming ever near ocrat in this whole creation here. I was I would like to thank Senator around the corner. not told about any proposal that my DEWINE. He and his wife Fran know Indeed, the majority leader could chairman was about to make. something about family suffering, hav- have scheduled the Homeland Security I would be happy to consider any pro- ing lost a child of their own, so he has appropriations bill this week, but rath- posal. I want to work with the chair- been unusually sensitive to Sharon and er than bring up that critical legisla- man. I say, why not take up this bill on me on this issue. He has championed tion this week the majority chose to go Monday of next week? Why not? Why one of the bills, the major part of this to the class action bill. And once the not bring this bill up on Monday, and bill we will take up today. I thank you, Senator DEWINE. Senate began consideration of the class let’s have at it? I will leave that ques- action bill, then it was decided that I want to show further how we as par- tion for the leadership. I hope it will tisans, as Republicans and Democrats, Senators could only offer those amend- receive some consideration. ments the leadership deemed appro- are first Americans. During the hear- A certain man had a fig tree planted in his ing we had on this bill, it was Senator priate. Now, how is that? How is that vineyard; and he came and sought fruit DODD, who is the ranking member of for filling the tree? thereon, and found none. Here we are in the middle of July, Then said he unto the dresser of his vine- the committee, who suggested that if with 11 more legislative days left be- yard, Behold, these three years I come seek- we accomplish little else in this Con- fore the Senate recesses for the respec- ing fruit on this fig tree, and find none: cut gress, we at least ought to do this tive party conventions; and that is it down; why cumbereth it the ground? much. Senator DODD is one of the going to be for 45 days we will recess, Mr. President, I yield the floor. nicest and most decent Members of this take or give a little. So the Senate has I suggest the absence of a quorum. Chamber. There are other Senators of whom I acted on exactly one appropriations The PRESIDING OFFICER. The want to take note. bill, the Defense Appropriations bill. clerk will call the roll. Senator JACK REED has been espe- Now that is not the fault of the Sen- The legislative clerk proceeded to cially sensitive and has helped to write ate Appropriations Committee. No, you call the roll. a big portion of this bill as it relates to can bet on that. That is not the fault of Mr. SMITH. Mr. President, I ask campus suicide. the Senate Appropriations Committee. unanimous consent the order for the Senator HARRY REID, the Democratic It is said that actions speak louder quorum call be rescinded. whip—his family also having suffered The PRESIDING OFFICER. Without than words, and I believe that to be with a suicide—has been a champion of objection, it is so ordered. true in this case. Given all of the prior- mental health issues and specifically ities facing this country, the majority GARRETT LEE SMITH MEMORIAL ACT on the issue of how to intervene, inter- leader has said, I am told, the most ur- Mr. SMITH. Mr. President, there are dict, and to stop suicide when it is at gent need the Senate should consider is many arguments hot and heavy being all possible. the class action bill and has further in- made today about the important issues Finally, I would like to speak of Sen- dicated that next week the Senate will that confront our country, issues about ator KENNEDY. I have looked at him consider a constitutional amendment our security, about our troops, about often in this Chamber. I have thought that no one believes has the number of the hot summer that is threatened by of him as a lion in winter. He certainly votes needed for adoption. Amend the terrorists, about our economy and its has a lion’s roar in this Chamber. Yet Constitution of the United States— recovery, and I know there are strong underlying the lion’s roar, Senator here it is, folks. I hold it in my hand. feelings on both sides of the aisle. But KENNEDY has a heart that is filled with Let’s just amend it one more time. I hope today to show the American compassion for people. No one on ei- Homeland security funding will sit people that we are bigger than just par- ther side of the aisle should ever ques- on the sidelines. Is that what the Sen- tisans, that there are times when our tion his motive, and his motive is as ate should be about, I ask you, the peo- Nation’s elected officials can come to- good as gold even though you can rea- ple out there? This Senate should step gether, put aside political and party sonably disagree with his method. He back from this folly and put the peo- differences, and actually debate and has been of unusual help to me and to ple’s interests first—the people’s busi- pass legislation. Sharon as we suffer the loss of our son. ness, the people’s lives. My bill that I am talking about now He has known much suffering in his I simply do not understand why the in the company of MIKE DEWINE, the days, and I thank Senator KENNEDY. Senate is twiddling its thumbs on leg- Senator from Ohio—and I believe Sen- Finally, I must mention ARLEN SPEC- islation that could be considered at ator DODD of Connecticut will soon join TER, the subcommittee chairman of the some other time rather than address- us—is a bill, I suppose, on a smaller Appropriations Committee that helps ing homeland security issues when it subject than war and peace and eco- fund the mental health issues. For a matters most. nomic recovery, but it is nevertheless a long time, he has found ways to fund I watched them tear the building down, bill about life and death, so it is impor- programs to help with mental illnesses. A gang of men in a busy town; tant. It is not a far-reaching bill. It is And he has been helpful in a tight year With a ho-heave-ho, and a lusty yell, not even all that expensive, certainly with a tight budget trying to find the They swung a beam and a sidewall fell. not in relationship to all that our Con- I asked the foreman, ‘‘Are these men skilled, resources that can be utilized for the And the men you would hire if you had to gress will consider, but it represents an authorization of funds this bill will build?’’ important milestone in our country’s provide. He gave a laugh and said, ‘‘No, indeed; battle against mental illness and spe- Enough of those things, and now to Just common labor is all you need. cifically youth suicide. the substantial.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7801 Most of you can probably discern by helping to pass, with the help of my darkness. He saw only despair ahead now that my emotions are still some- colleagues, an important first step to and felt only pain in the present, pain what tender. I didn’t volunteer to be a ending the epidemic of youth suicide. and despair so potent that he sought champion of this issue. But it arose out It is no small task, but one that I be- suicide as a refuge, a release. The bill I of the personal experience of being a lieve should be a top priority of this offer today with these great colleagues, parent who lost a child to mental ill- Congress because every year approxi- Republican and Democrat alike, is in- ness through suicide. mately 30,000 Americans commit sui- tended to help other people who suffer Last September, Sharon and I lost cide in the United States—a number from mental illnesses that are so devour son Garrett Lee Smith to a long that is almost twice as high as the astating it places them at risk for tak- battle that he suffered from mental ill- number of homicides in our country. ing their own lives. No family should ness. He suffered emotional pain that I Almost 700,000 Americans are treated experience the pain we have suffered cannot begin to comprehend, and he ul- in hospitals every year for self-in- and no child should face the challenges timately sought relief by taking his flicted wounds and attempted suicides. of mental illness alone. life. While Sharon and I think about But keep in mind these figures don’t When signed into law, this bill will Garrett every day and mourn his loss, tell the whole story. They do not ac- authorize $60 million over 3 years to we take solace in the time we had with count for the families, the friends, the create a system focused on establishing Garrett and say to all those who suffer coworkers who are affected by each in each State a statewide early inter- the loss of loved ones that the very suicide. Suicide and attempts do not vention and prevention strategy. It en- best antedote for grief is the gratitude simply leave an impression on the indi- sures that 85 percent of the funding you had for your loved one for a time vidual’s life, it leaves a deep impact on will be provided to the entities focused on Earth. Sharon and I have com- everyone who knows the person or a on identifying and preventing suicide mitted ourselves each in our own way family member of that person. at the State and community levels. En- to preserving Garrett’s memory by try- America’s youth are committing sui- tities apply to the State for funding ing to help others so that other fami- cide at staggering rates. Suicide is the and can utilize a variety of options to lies and children do not suffer a similar third leading cause of death for people implement the tenets of statewide fate. age 10 to 24 years—the third leading strategy. Sharon and I adopted Garrett a few One option that Sharon and I have cause. That is why this bill, at MIKE days after his birth. He was a beautiful recently championed in our own home- DEWINE’s suggestion, named the Gar- town is the Columbia University Teen child, a handsome baby boy. rett Lee Smith Memorial Act, is so vi- Forgive me. Screen Program. We have chosen to tally important. It takes the first sig- He was thoughtful of everyone endow this program in our community nificant step toward creating and fund- around him as he grew older. His life, in our son’s memory, in the town of ing an organized effort at the Federal however, began to dim in his elemen- Pendleton, OR, from which I hail. tary years. He struggled to spell. His and State levels to prevent and inter- All sixth graders who have their par- reading and writing were stuck in the vene when youth are at risk for mental ents’ consent will be screened each rudiments. We had him tested and were and behavioral conditions that can lead year for mental illnesses that can lead surprised to learn that he had an un- to suicide. to suicide and they will receive refer- usually high IQ, but he struggled with The loss of life to suicide at any age rals for treatment. Our hope in spon- a severe overlay of learning disabil- is tragic and traumatic. But when it soring this program is to help as many ities, including dyslexia. happens to someone who has just begun children as possible at as early an age, However, it would be many years life, has just begun to fulfill their po- as young as possible, because if we later until we learned how extensive tential, the impact somehow seems identify mental illness early, we may his true illness was because of his diag- harsher, sadder, more out of season, be able to prevent thousands upon nosis, which was a bipolar condition. more tragic. thousands of youth suicides. Bipolar disorder, also known as manic- Garrett had just begun to reach his The bill also authorizes the Suicide depressive illness, is a brain disorder potential. His big smile and generous Prevention Resource Centers that will that causes unusual shifts in a person’s spirit allowed him to befriend every- provide technical assistance to States mood, energy, and ability to function. one, popular or not. Wisely or not, his and local grantees to ensure they are Different from normal ups and downs mother and I showered him with crea- able to implement their statewide that we all experience, the symptoms ture comforts as yet another way to early intervention and prevention of bipolar disorder are severe. People show him that we loved him and that strategies. It also will collect the data who suffer from bipolar experience we valued him. But as a testament to related to the programs, evaluate the swings from manic highs where sleep his character, we later found out that effectiveness of the program, and iden- and eating are not desired, to deep cat- much of what we gave him in a mate- tify and distribute best practices to astrophic depressions where simply rial way he readily gave to others less other States around the country. Shar- getting out of bed can be too much of fortunate. ing technical data and program best a challenge. He also wanted to accomplish three practices is necessary to ensure that In the United States, more than 2 things in life. He wanted to be an Eagle Federal funding is being utilized in the million American adults suffer from bi- Scout, he wanted to graduate from best manner possible. That information polar disorder. This illness typically high school, and he wanted to serve his is being circulated among participants. develops in late adolescence or early church on a mission. He accomplished Finally, the bill will provide funding childhood. However, some people have those three things, largely because of to help colleges and universities estab- their first symptoms during childhood, the efforts of his angel mother. He lish mental health programs or en- while others develop them late in life. loved his mission companions, he loved hance existing mental health programs It can be a debilitating illness. And, as his church, he deeply loved his Savior, focused on increasing access to and en- in Garrett’s case, it can lead to worse and a chance of serving others in his hancing the range of mental and behav- tragedies. name. Unfortunately, his struggle ioral health services for students. As his parents, we knew how long and against his periods of deep depression Entering college can be one of the how desperately Garrett had suffered became too much. We sought out help most disruptive and demanding times from his condition and his very dark from school and church counselors, of a young person’s life, but for persons depression. While we knew intuitively psychologists, and ultimately a psy- with mental illnesses the challenges that suicide was possible in his case, chiatrist. But words of encouragement, can be overwhelming. Loss of their pa- there are simply no parental prepara- prayers earnestly offered, and the lat- rental support system, familiar and tions adequate for this crisis in one’s est medical prescriptions could not re- easily accessible health care providers own child, no owner’s manual to help pair our son’s hard-wiring defects. can often become too much of a burden one in burying a child, especially when Garrett’s bipolar condition was a to bear. That is why we have, for the the cause is suicide. cancer to him, as lethal as leukemia to first time, focused Federal funding on So I have committed myself to trying anyone else. It filled his spirit with improving the support structures avail- to find meaning in Garrett’s life by hopelessness and clouded his future in able at our colleges and universities.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7802 CONGRESSIONAL RECORD — SENATE July 8, 2004 I simply say with emphasis to my gerous things I could do, hoping that of the United States. We do not know colleagues, we have a suicide epidemic maybe something would happen that I why. You would think just the oppo- on American university campuses be- would not return. He said: But you site, with the Sun shining and the wide cause kids leave their homes and need know, I now take a little bit of medica- open spaces. But we are studying that. support structures. As in the case of tion; I had the opportunity to talk to The Surgeon General of the United our son, when you are not there and someone and I no longer feel that way. States has stated it is a national prob- they do not have someone to fall back So I shared, for the first time ever lem. on, sometimes the most innocent kinds publicly, what happened to my dad. My I want my friend from Oregon to un- of disappointments for you and me can dad was 56 or 57 years old, much young- derstand how important it is that he is be life ending to them. These are the er than most members in the Senate. I stepping forward on this issue. Landra kinds of situations which we hope to said at that time to Chairman Cohen and I attended Garrett’s funeral. We better predict. that I thought we should have a hear- were so impressed because no one—no I say in conclusion, the components ing on senior suicide. I shared, for the one—tried to mask what happened to of this bill will ensure that we begin to first time, the story of my dad’s death. Garrett Smith. Every speaker talked address the staggering problem of I didn’t know Garrett. Gordon didn’t about this fine young man. Some of the youth suicide. I am pleased to be a know my dad. My dad was a person speakers had known him his whole life. champion of this cause, not because I who, as we look back, had been de- But there was not a single speaker who volunteered for it but because I have pressed his whole life. I cannot give a tried to make an excuse or cover up the suffered over it. This bill, with the sup- long dialog about my dear dad other fact that this young man had taken his port of my colleagues, will be a mar- than to say he was a very strong, phys- own life. velous beginning to say to the Amer- ical person, bigger than I am, bigger You see, we have come a long way. ican mothers and fathers, we care than his four sons. He never lifted a After my dad died, killed himself, I about you, we know your struggles, we weight, but with his shirt off at the age bought a book on suicide. It was not know your suffering, and we are trying he was, people would think he had lift- long ago that you could not bury some- to help. ed weights. He had big arms, a big one who committed suicide in a ceme- Where you cannot be there, we are chest. He was very strong. tery. Most religions would not accept going to do our level best to make sure He didn’t like to be around people, and allow the normal religious cere- there are professionals, there are peo- only his family. About a week before monies to take place if somebody had ple to help, so we can put an end to this he killed himself, we came out to visit killed themselves. We have gone be- epidemic and let our youth know that him in Searchlight. My dad did not yond that in most every instance, and mental illness is not something from have much in the way of material pos- that is good. I want the Senator from Oregon to which they should shrink but some- sessions, but he had one thing for know how I appreciate his moving for- thing about which they should seek which he was very proud. It was a spec- ward on this national problem. Nevada help. imen. leads the Nation in suicide. I believe If we do this, my colleagues, I assure My dad worked hard all of his life, that anything we can do to focus atten- you, whatever else we may or may not never made any money doing anything, tion on this problem is going to be of accomplish in this Congress, we can but he worked like a dog. One time he had a lease on a mine and he found benefit to so many people. leave here with pride that we did a Since this situation with my dad in some very rich ore at the Blossom. The very good thing for the young men and the committee, we now have a national vein was very small. It was in a talc- women of the United States of Amer- organization. They have a full-time like formation, and it assayed at ica. I urge the passage of this bill. lobbyist now. SCAN is the name of the $18,000 a ton. He got a few sacks of this. I yield the floor. organization. Their whole existence is The PRESIDING OFFICER. The as- It was in such small quantities you based on dealing with the suicide prob- sistant Democratic leader. could not even fill up a truck with it. lem that faces this country. Mr. REID. As my friend from Oregon He saved a specimen. All he had left I appreciate very much the Senator knows, my father committed suicide. was a specimen; that was valuable to from Oregon, I say for the third time, My situation was totally different than him, at least. Approximately a week moving forward on this issue. It is a that experienced by my friend from Or- before he died, he gave it to me. It was happy day and a sad day because, as egon. With my dad there was nothing unlike my dad. But, of course, as I look life is, I do not focus on that day when that had happened that suggested a back, he had been planning what he my dad—I went out and saw my dad on problem. was going to do for some time. His the bed where he had killed himself. I I went to watch Muhammad Ali work health was not good and he had miner’s do not focus on that, but I did today, out, spent the morning with Muham- consumption, and I am sure other prob- and it is good for me that I did focus on mad Ali. I had a wonderful time. I took lems. He smoked like a chimney all of it. somebody who was working with me. his life. He coughed every night when I It is good for us that we focus on Two of us were alone with Muhammad was a little boy. I thought all kids’ this. I used to think suicides happened Ali for a long time. I returned to my dads coughed like my dad. to other people, but they happen to us. office and walked in the door. Joan was But had this legislation, introduced There are so many people who I come the receptionist. I can still see her. by my friend, been in effect, my dad in contact with who have had a father, This was many years ago. She said: may not have had all the problems he a mother—I had a wonderful TV re- Your mother is on the phone. I picked had as he proceeded through life. Sui- porter in Las Vegas—and you know it up the phone and she said: Your pop cide is an American tragedy. We know is all business with these journalists— shot himself. that at least 31,000 Americans every who said to me once: Could I talk to My dad had killed himself at home in year kill themselves. We know that be- you sometime alone? I said: Sure. She Searchlight. For a long time, I was em- cause those are the deaths that we can told me about the fact that her brother barrassed; I did not know how to han- say: This was a suicide. But there are, committed suicide, her father com- dle that. I, of course, acknowledged my I believe, thousands of others—auto- mitted suicide. This story did not end dad was dead but like most people who mobile accidents, hiking accidents— there. She called me later, after we had deal with suicide, it takes a while to that are really suicides. our private conversation; her own sis- accept that. So we have done a few things since ter then killed herself. My acceptance came many years my work with Senator Cohen. We are Suicide is an illness of which we have later when I was part of the Aging now studying, for the first time—it is to get ahold. It is something that does Committee in the Senate. Bill Cohen hard to comprehend this—but for first not happen to others; it happens to us. was the chairman. We had a hearing on time in the history of this country, we I am so glad I was able to hear the senior depression. Mike Wallace, a re- are trying to figure out why people kill heartfelt remarks of the Senator from porter on ‘‘60 Minutes,’’ testified before themselves. We do not know for sure. Oregon today. the committee. He said: A lot of times One of the phenomenons is that most The PRESIDING OFFICER. The Sen- I wanted to die. I did the most dan- of the suicides are in the western part ator from Oklahoma.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7803 Mr. NICKLES. Mr. President, I comments that have been made by our is much more we could do to try and pliment my colleague from Oregon, good friend and colleague from Oregon, assist parents and young children be- Senator SMITH, for his statement and GORDON SMITH, and my good friends ginning the journey of life to get it also for the work he has done in put- and colleagues, HARRY REID and DON right from the beginning. And we spend ting together this legislation. I ask NICKLES. I was aware of the cir- a great deal of time talking about unanimous consent to be added as a co- cumstance of my friend from Nevada. I higher education, talking about the sponsor. was not aware of the circumstance of cost and getting jobs and the like. Cer- The PRESIDING OFFICER. Without my friend from Oklahoma. I appreciate tainly that has great value as well. objection, it is so ordered. both of them adding their voices today However, we don’t spend enough time Mr. NICKLES. Mr. President, I also to this discussion. Particularly, talking about those adolescent years, compliment my colleague and friend, though, I think we all feel a special those middle years from age six to 24. Senator REID, for his statement. I have bond with Senator SMITH and what he I can think of only a few instances a similar experience. My father also and his lovely wife Sharon have gone where we have actually had hearings committed suicide. I am not going to through. I commend him for his cour- and talked about the problems of ado- go into the details, but it is a lot of age and determination to share his lescents, those tremendously changing pain. It is very evidenced by the pain in story with us and the country today. years that can be so terribly complex the expression by Senator SMITH and Time does heal wounds. I suspect my for an individual of that age. Senator REID that this is a very serious friend from Nevada and friend from problem throughout our country. It is Oklahoma still feel tremendous pain, I hope that as a result this discus- a serious problem, as Senator SMITH and I suppose that time does remove sion, the legislation we are introducing has experienced, unfortunately, par- some of the bitterness. But we know will have some ability, some impact, ticularly with teenagers. that our friend from Oregon lost his maybe, in focusing our attention on For teenagers, this is a problem that son only a matter of months ago, and those questions. Let me go back and, most people cannot comprehend. I did we know the fact that he came to me, first of all, again thank my colleague know Garrett. Garrett was a troubled to MIKE DEWINE and Senator REED, to Senator MIKE DEWINE, with whom I young man with mental illness. He was others, asking with great determina- have worked on this issue, JACK REED also a very fortunate young man be- tion if there was a way to clear the leg- of Rhode Island, who has done a tre- cause he had outstanding and loving islation before us this year. I am so mendous job as well on this legislation, parents. He had an angel for a father glad that he came to us. I will forever and my colleague RICHARD DURBIN of and a mother, and he received more remember the hour or so we spent—not Illinois, who wants to be added as a co- love than most children would ever many weeks ago—talking about this sponsor. I ask unanimous consent that dream of receiving. Now maybe he is in legislation in my office and trying to he be added as a cosponsor to this leg- some ways giving a gift to the country find a way to clear it. Gordon, it is be- islation. because Senator SMITH, in trying to ra- cause of you that we are here today. The PRESIDING OFFICER. Without tionalize maybe, combat this very seri- I commend the majority leader and objection, it is so ordered. ous problem, is trying to tackle it na- the Democratic leader and others for tionally. I have no doubt as a result of insisting that we find some time here Mr. DODD. As has been pointed out us passing this legislation we will end to allow this legislation to be consid- by our friend from Oregon, suicide up saving a lot of lives, maybe thou- ered and, I believe, adopted unani- among our Nation’s young people is an sands of lives. So I just want to asso- mously by our colleagues. I know the acute crisis that knows no socio- ciate myself with my very good friend other body is considering legislation as economic boundaries. My State of Con- Gordon Smith but thank and com- well. necticut, as well as all other states in pliment him because we will never If I could, I would like to spend a the nation, suffer from this tragedy. In know—we will never know—did this couple of minutes speaking about this fact, my hometown of East Haddam, save someone’s life somewhere in Or- important issue, and I hope this time Connecticut—a small rural community egon or Oklahoma or Nevada or New maybe there are people listening. I of 8,000 people—has not been immune. York because there are a lot of trou- know occasionally people follow C– In 2001, I chaired the first Congres- bled kids out there, frankly, who have SPAN. There are probably times when sional hearing on youth suicide, and I not received the attention they need. they wonder why they are watching us was alarmed at the disturbing statis- Maybe it will also lead to greater re- at all, but maybe today, as a result of tics that were read at that hearing. search in combating suicide as a whole our conversation and the tremendous Well, those statistics have not changed because it is a big problem throughout remarks by our colleagues who have and they are worth repeating again this country for many ages, particu- talked about this issue in very personal today. According to the most recent larly for teenagers. terms, in addition to the underlying data from the Centers for Disease Con- I compliment Senator SMITH for the legislation, there will be people listen- trol and Prevention, almost 3,000 young love and attention and focus both he ing whose lives might be transformed. people—10 percent of all suicides—take and Sharon focused on Garrett. Garrett My admiration for the three of our col- their lives in the United States every was a very fortunate young man to leagues who have spoken today, par- year. It is the third overall cause of have such loving parents. The Senate is ticularly our colleague from Oregon, is death between the ages of 10 and 24. very fortunate, our country is very for- unlimited. He has done a great service, Young people under the age of 25 ac- tunate, to have his leadership on this if nothing else, by sharing his story count for 15 percent of all suicides com- very difficult, sensitive issue for them with America. That has great value. pleted. In fact, more children and There are people listening to this and, frankly, for our country. I com- young adults die from their own hand who I know full well are going through pliment him for his work and yield the than from cancer, heart disease, AIDS, similar circumstances and wondering floor. birth defects, stroke, and chronic lung The PRESIDING OFFICER (Mr. how to cope, or a child out there who disease combined. COLEMAN). The Senator from Con- may be wondering whether anyone can necticut. pay any attention to his or her needs, Equally alarming are the numbers of Mr. DODD. Mr. President, first of all, or trying to find a place he or she can young people who consider taking or let me thank both of my colleagues go to try and resolve these conflicts. I attempt to take their own lives. Again, from Nevada and Oklahoma as well. think this discussion is a worthy one recent CDC figures estimate almost 3 Their remarks were very moving for this historic Chamber to be engaged million high school students or 20 per- today. In the midst of all these other in. cent of young adults between the ages matters we debate and discuss—mat- Adolescent years are the most dif- of 15 to 19 consider suicide each year, ters we think are of such great and ficult in many ways. We spend a lot of and over 2 million children and young global and national importance—I time talking about early childhood de- adults actually attempt suicide. Sim- don’t think anything we have listened velopment, and rightfully so. Those are ply put, these figures are totally unac- to has been as important as the com- formative years in a child’s life. There ceptable and of a crisis proportion.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7804 CONGRESSIONAL RECORD — SENATE July 8, 2004 Sadly, we rarely find these facts dis- youth suicide, including the Substance know that our work is not done. I sin- seminated widely among public audi- Abuse and Mental Health Services Ad- cerely hope that as a society we can ences. We rarely read them in news- ministration, the Health Resources and continue to work collectively both to papers or hear them on television. Indi- Services Administration, the Centers understand better the tragedy of this vidual cases, yes, but not the national for Disease Control and Prevention, incredible problem of youth suicide and numbers. and the National Institutes of Health. to develop innovative and effective and We know youth suicide is integrally However, despite these important public mental health initiatives that linked to mental health issues such as gains, we still face significant chal- reach every child and young adult in depression and substance abuse. Yet we lenges. this great Nation of ours, compas- also know all too well that both youth Today a large number of States, lo- sionate initiatives to give them en- suicide and children’s mental health calities, tribes, and service providers couragement, hope, and love, and most continue to carry an unfortunate stig- are finding themselves with unprece- important, life. ma, a stigma that all too often keeps dented budget deficits, making the es- I yield the floor. these crucial issues unspoken and dis- tablishment of new services and the re- The PRESIDING OFFICER. The Sen- courages children and young adults tention of existing services increas- ator from Ohio is recognized. from seeking the help they so des- ingly more difficult. Mr. DEWINE. Mr. President, let me perately need. Furthermore, youth suicide early first congratulate my colleagues from We have a societal obligation to intervention and prevention strategies Nevada and Oklahoma for their very break through this stigma attached to are often underfunded or understaffed moving statements in regard to their youth suicide and children’s mental to be properly effective. And while a dads. Let me also say to my colleague health. Again, the comments of our number of Federal agencies have sup- from Oregon that his statement was colleagues this afternoon have taken a ported youth suicide activities, there certainly one of the most moving major step in that direction. When peo- have been no comprehensive inter- statements I think any of us have ever ple in public life can address these agency strategies implemented to heard in this Senate Chamber. Our issues in public forums and talk about share data, disseminate research, or hearts, collectively as Senators, con- them in personal terms, then they help evaluate the efficacy of youth suicide tinue to go out to our colleague and us break down the barriers and stigmas early intervention and prevention pro- Sharon for the loss of Garrett. that exist. That is why I feel so strong- grams. Senator SMITH and Sharon have ly about the willingness of our col- Today I am introducing bipartisan taken their tragedy, the pain of this leagues today, particularly Senator legislation with my colleagues Sen- tragedy, the loss of Garrett and there SMITH, to share their personal thoughts ators MIKE DEWINE, JACK REED, GOR- is nothing in the world worse than the with us. DON SMITH, HARRY REID, and DICK DUR- loss of a child—and focused it on trying We also have a societal obligation to BIN, named in memory of Garrett Lee to do good. We see it today with this instill in our young people a sense of Smith. This legislation further sup- legislation for which Senator SMITH value, of self-worth and resilience. All ports the good work being done at the has been such a strong advocate. We too often children and young adults community level, the State level, and are on the Senate floor, frankly, be- considering suicide lose sight of them- the Federal level with regard to youth cause of him. We would not have been selves, their talents, their potential in suicide, early intervention and preven- to this point without him, without his life, and all too often they lose sight of tion in four principal ways. advocacy. We saw it in the testimony the love their families, friends, and First, it establishes new grant initia- when Senator SMITH and Sharon came communities have for them, as our tives for the further development and to our committee hearing that Senator friend from Oregon so eloquently de- expansion of youth suicide early inter- DODD and I held several months ago. scribed. vention and prevention strategies and They publicly talked about Garrett’s I am pleased our Nation has already the community-based services they death; they talked about him and taken positive steps toward better un- seek to coordinate. talked about the issue. Senator SMITH derstanding the tragedy of youth sui- Second, it authorizes a dedicated described earlier the community teen cide and its emotional and behavioral technical assistance center to assist screening with sixth graders in Pen- risk factors. Several recent reports States, localities, tribes, and commu- dleton that they have established. So like the President’s New Freedom nity service providers with planning, they are courageous. They have taken Commission on Mental Health, the Na- implementation, and evaluation of this immense pain and, in spite of that, tional Strategy for Suicide Prevention, these strategies and services. in the face of that, they are doing and the Surgeon General’s Call to Ac- Third, it establishes a new grant ini- something very positive. tion to Prevent Suicide have made tiative to enhance and improve early Those of us in the Senate are blessed youth suicide a top national public and intervention and prevention services and we are burdened with the oppor- mental health priority. specifically designed for college-age tunity to use the bully pulpit of the Today hundreds of community-based students. Senate to focus public attention on programs across the country offer a va- And last, it creates a new inter- issues. I say to my colleague that there riety of early intervention and preven- agency collaboration to focus on policy are many parents, tragically, as he tion services to thousands of children development and the dissemination of knows, who have suffered as he and and young adults—services that in- data specifically pertaining to youth Sharon have this year. He has the clude comprehensive screening, assess- suicide. I continue to believe that fund- unique opportunity—and has taken ment, and individualized counseling. ing for concrete, comprehensive, and that, as he is in a public spotlight; it is Every State and many tribal nations effective remedies for the epidemic of a burden he has, but he has taken that have begun developing or already have youth suicide cannot be done by law- burden and done something with it. implemented a youth suicide early makers on Capitol Hill alone. They What he has done with it is he has intervention and prevention strategy must also come from individuals, such taken that spotlight and used the bully that coordinates appropriate services as doctors, psychiatrists, psycholo- pulpit of the Senate to talk to the in schools, juvenile justice systems, gists, counselors, nurses, teachers, ad- American people about this issue. foster care systems, mental health pro- vocates, clergymen, survivors, and af- Many people today will watch this and grams, substance abuse programs, and fected families who are dedicated to many more will read about it tomor- other youth-oriented settings. this issue or spend each day with chil- row. There are many people who read Furthermore, the Federal Govern- dren and young adults who suffer from about the committee hearing we held, ment has stepped up in its role in both illnesses related to youth suicide. and they heard when Senator SMITH supporting these community-based ac- I believe we have made an important and his wife talked about this issue. tivities and conducting relevant re- first step with this legislation today. Many people they will never know have search and data collection. Several That step has been implemented by the been impacted, or maybe they were mental health and public health agen- comments of my colleagues on the alerted to a problem they might have cies have shown a great interest in floor of the Senate. However, I also with their child, and maybe parents

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7805 were given inspiration and encourage- According to the National Institute dents committed suicide; however, only ment to seek help. These are things of Mental Health, suicide was the 11th 20 of these students had been seen by a that individuals don’t ever know about. leading overall cause of death in the college counselor before the suicide. But I know, and we all know, that what United States in the year 2001; how- As a result of the need for increased they have done has truly made a dif- ever, it was the third leading cause of attention to the problem of suicide and ference. This bill will truly make a dif- death for youths aged 15 to 24. the need for increased access to help, ference. Shockingly, we also know that suicides Senators DODD, SMITH, JACK REED, I thank Senator DODD and Senator outnumber homicides 3 to 2 for the HARRY REID, and I are introducing the JACK REED for their work. This bill we overall population. These alarming Garrett Lee Smith Memorial Act. This are introducing today is a combination numbers emphasize the need for early bill will provide grants to States, of two bills. One was introduced by intervention or prevention efforts. Too tribes, and State-designated nonprofit Senator REED as the lead sponsor. It often, the signs may be subtle or hid- organizations to create statewide plans was his idea; he took the lead. I was den until it is too late. While research for early intervention and prevention the Republican cosponsor. We intro- has created improved medications and efforts in schools, juvenile justice sys- duced a bill. The other bill was Senator methods for helping those with mental tems, substance abuse programs, men- DODD’s bill. He was the lead on that, health problems to recover, there is tal health programs, foster care sys- and I was the cosponsor. We worked on still much work to be done in identi- tems, and other child and youth sup- that bill together. This is a combina- fying those who need help. port organizations. These plans will tion of those two bills that we bring to Study has been done in identifying seek to serve the children where the the floor today. and categorizing the risk factors re- children are. This bill will help ensure I also thank Senator HARRY REID for lated to suicide. In children and youth, that States with youth suicide rates his great support and his work. I thank these are known to include depression, that are higher than the national aver- the majority leader. I thank Senator alcohol or drug use, physical or sexual age are given preference so they are DASCHLE and I thank Senator GREGG. abuse, and disruptive behavior. Of peo- better equipped to combat this tragic They all have been very supportive. We ple who die from and who attempt sui- problem. thank them for allowing us to bring cide, many suffer from co-occurring This act also will authorize a suicide this bill to the floor today. mental health and substance abuse dis- prevention resource center. This center We have held hearings on the mental orders. Children with these risk fac- will provide information, training, and health concerns of youth and children. tors, as well as children who are known technical assistance to States, tribes, As chairman of the Subcommittee on to be in situations at risk for acquiring and nonprofit organizations involved in Substance Abuse and Mental Health them, should be included in com- suicide prevention and intervention for Services, I have been able to do this. prehensive State plans. a number of purposes, including the de- The one hearing we talked about, Sen- Children and youth specifically ad- velopment of suicide prevention strate- ator DODD cochaired with me. At the dressed in State plans should include gies, studying the costs, effectiveness hearing on youth suicide, it became those who attend school, including col- of statewide strategies, analyzing how clear that thorough and actionable leges and universities, those already well new and existing suicide interven- plans are needed to deal with this issue receiving substance abuse and mental tion techniques and technologies work, affecting our children and young health services, and those involved in and promoting the sharing of data. adults. the juvenile justice system, as well as Further, the Garrett Lee Smith Me- At that hearing, as I indicated, Sen- those in foster care. morial Act would provide competitive ator SMITH, supported by his wife Shar- We also learned at our hearing that grants to institutions of higher edu- on, courageously shared the story of our colleges and universities are suf- cation to create or expand mental and their son Garrett. They told of his fering under an ever-growing caseload behavioral health services to students. struggle, their family’s brave struggle and they need additional resources to These grants will help financially with his depression, and Garrett’s help students in these critical years. strapped college and university mental struggle with that depression, a battle We know that suicide is the second health centers obtain the necessary re- that he tragically lost this past Sep- leading cause of death in college stu- sources to serve the mental and behav- tember. In honor of their son, GORDON dents today, and reports indicate there ioral health needs of the students. and Sharon are dedicated to helping has been a dramatic increase in college Let me again thank my colleagues other youth and their families who are students seeking care at campus coun- for their support of this very important struggling with mental illness. seling centers. legislation. Our children are simply too At that same hearing in March, the From 1992 to the year 2002, Big Ten important to not properly address their Reverend Dr. Paul Tunkle coura- Schools, for example, noticed a 42-per- mental health needs. This is a good geously spoke of the loss of his daugh- cent increase in the number of students bill, and it is the right thing to do. ter. Reverend Tunkle is an Episcopal seen at these counseling centers. Sur- I add one final comment. I think this priest now serving in Baltimore. His veys conducted over the past decade bill will be signed into law. This bill wife Judy is a psychotherapist. Their suggest the prevalence of depression will save lives. This bill will make a daughter Althea, or Lea to those close among college students is growing and difference. I thank everyone who has to her, began to exhibit symptoms of eclipses the rate of the general public. worked so hard on it. I thank my col- psychological problems when she was Many public and private schools have league again for being the spark behind in grade school. She began to experi- been dealing with budget crises re- this. He has been the person who has ence additional problems as she began cently which do not allow them to re- been talking to Members, getting their her university studies. Her grades spond adequately for this growth in support, making the plea. I thank him began to suffer. Exacerbating her men- need. In fact, last year 27 percent of so very much for doing it. tal health problems, Lea was raped counseling centers reported cuts to We are going to pass this bill and it while away at school. After attempting their budgets. is going to make a difference, but there suicide twice, Lea killed herself on her The accreditation standards for uni- is something else we should be doing, third attempt at the age of 22. versity and college counseling centers and that is the Mental Health Parity Tragically, these stories that we recommend that the counselor-to-stu- Act. This Senate, this Congress, must have heard are not uncommon. Statis- dent ratio be 1 counselor per 1,000 to get around to this bill. That bill also tics tell us that approximately every 2 1,500 students; however, alarmingly, will save lives. It will make a dif- hours a person under the age of 25 com- the 2003 ratio in schools with over ference. It will make mental health mits suicide. We also know that from 15,000 students is instead 1 counselor services available to people. 1952 to 1995 the rate of suicide in chil- per 2,500 students, and that is a prob- I see my colleague from New Mexico, dren and young adults in this country lem. Due to these numbers, schools are who just walked into the Chamber. He tripled, and that between 1980 and 1997 reporting that students are forced to has been an advocate for this bill. The the rate of suicide in 15- to 19-year-olds wait, sometimes days, to see a coun- time is ripe for the Mental Health Par- increased by 11 percent. selor. In the year 2002, 116 college stu- ity Act to come to the Senate floor, to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7806 CONGRESSIONAL RECORD — SENATE July 8, 2004 be voted on, and to be passed. I thank Mr. President, 81 percent were con- tempts to provide practical support my colleagues. I thank the Chair. cerned that increasing numbers of stu- and help to young people, you usually I yield the floor. dents are there with severe psycho- find two names on the legislation— The PRESIDING OFFICER. The Sen- logical problems; 67 percent reported a DODD and DEWINE. It is always a privi- ator from Rhode Island. need for more psychiatric services, and lege to join these gentlemen. Mr. REED. Mr. President, I join my 63 percent reported problems with I also want to thank Senator HARRY colleagues, Senators SMITH, DODD, growing demand for services without REID, who spoke movingly of his own DEWINE, and REID, to discuss the Gar- an appropriate increase in resources. experience, the death of his father rett Lee Smith Memorial Act which That is why, working with Senator through suicide. Senator DON NICKLES will be introduced today. I thank and DEWINE, working with my colleagues similarly gave a moving tribute to commend them. Senator DODD and Senator SMITH, we Sharon and GORDON. Let me also thank I particularly commend Senator GOR- have incorporated in this act support Dr. Harsh Trivedi, a fellow in my of- DON SMITH. We are here today literally for college counseling centers. It is not fice, a psychiatrist who is now on a fel- because he has worked tirelessly to coincidental that Garrett was begin- lowship up in Boston. He did most of bring this legislation to the Senate ning his first year at the University of the work on the Campus Care and floor, to work with us and to advocate Utah, had left home, was in a new envi- Counseling Act, which is the legisla- strenuously that this legislation come ronment, was struggling with all of the tion incorporated in this act. I also to the floor of the Senate today. It is powerful forces of independence and of thank Lisa German of my staff, who rightfully designated the Garrett Lee change young people experience when does so much to help us on these Smith Memorial Act. they go off to school. That is a particu- issues, and also Catherine Finley on Garrett, unfortunately, struggled for larly vulnerable time. Senator SMITH’s staff, who has been of years and sadly took his own life last We understand college is a time of remarkable help and assistance. September. We heard this afternoon great intellectual development, but it Let me thank the leadership, Senator the heartfelt words of his father talk- is also a time of extraordinary personal DASCHLE, Senator FRIST, Senator REID, ing about this wonderful young man. and interpersonal growth and change. Senator NICKLES, because they let us We all sense that as Garrett struggled, When children go off to college, we bring this bill to the floor today to he did it with loving and caring par- need to make sure they have the sup- move forward to pass it. ents. port they need during this critical This is an example of the kind of As my colleague Senator DEWINE transitional period. work we can do when we work to- pointed out, the Smiths have taken Additionally, there are many adults gether, the kind of work the American their pain and transformed it into pur- going to college and they have a par- people demand of us. It is, as I said, a poseful action to ensure that other ticular dilemma of balancing their fitting tribute to Garrett and I hope an families and other young people do not studies with their family responsibil- enduring tribute to his father who have to suffer and endure even today ities. Yet campus after campus lacks worked so hard to get it to the floor the pain that lingers at the loss of this the resources to support their coun- today and to pass it. fine young man, and I thank the Sen- seling staffs to deal with these real I yield the floor. ator for his leadership and for his de- issues, these real psychological issues. The PRESIDING OFFICER. The Sen- cent and gallant heart. Part of what we seek to do through ator from Nevada. We are here today because we are re- the Garrett Lee Smith Memorial Act is Mr. REID. Mr. President, the leader- sponding to an extraordinary problem, ensure colleges and universities around ship on the majority side asked if we a problem that seems to many of us to the country have the resources to could move the vote to an earlier time be difficult to comprehend: why a reach out to students, to provide essen- tonight, rather than have the cloture young person, in the prime of life, with tial mental and behavioral health serv- vote in the morning. I am sorry to reso much ahead, would take their own ices, and to educate families about po- port that the Senator from Delaware, life. tential signs of trouble. Senator CARPER, has indicated he will Sadly, suicide takes the lives of over Part of this process is not only treat- not agree with that. All other Members 4,000 children and young adults each ing the youngster, it is making parents on our side have agreed to the vote to- year. It is now the third leading cause aware of these signs so they can inter- night. It is now set for the morning. of death among 10 to 24 year olds in vene successfully and in a timely fash- I apologize to all my colleagues that America. The rate of suicide has tri- ion. Our colleges and universities are we cannot do this tonight. There are a pled from 1952 to 1995. Yet despite the struggling to address the wide range of lot of things Members have to do to- astounding statistics, we still do not problems experienced by students— night, and especially tomorrow. It fully understand what is driving so drug and alcohol problems, eating dis- would save everyone a lot of time. many young people to the extreme of orders, depression, schizophrenia, sui- I want the record to reflect that I taking their own life. cide attempts. With insufficient re- think it is unwise that that is the case. What we hope to achieve with this sources, many schools offer limited or I told my friend from Delaware I would legislation is to show them that there very cursory services to students. We indicate he is the problem with our is an answer, that suicide is not the hope to begin to change that with this having the vote earlier. way out, that there is help for what- legislation. I apologize, because I have had a ever is troubling them, and that they We hope through this legislation to number of calls from Senators on this can live lives that are full, happy, and begin to shine a light on the growing side of the aisle. We thought we were complete. problem of youth suicide. This legisla- going to be able to work that out, but A Chronicle of Higher Education sur- tion provides resources and technical we have been unable to do that. vey found that rates for depression in assistance to States to develop and im- The PRESIDING OFFICER. The Sen- college freshmen are on the rise. With- plement robust early intervention and ator from New Mexico. out treatment, the Chronicle points suicide prevention strategies across the CAMPUS CARE AND COUNSELING ACT out, depressed adolescents are at risk Nation. It also seeks to address the Mr. DOMENICI. Mr. President, I first for social failure, social isolation, overwhelming need for mental and be- want to say to Senator SMITH, I want promiscuity, self-medication with havioral health services on college you to know that since we weren’t drugs and alcohol, and suicide. That is campuses, as I have discussed. This is going to do anything today, I had gone a description of failure, not a descrip- an important bipartisan measure and a home. I don’t live very far, so it is not tion of successful living. tribute, a fitting tribute to Garrett and a terrible sacrifice. But I was in less A 2003 Gallagher’s Survey of Coun- to the faith and dedication and decency than good clothes, starting a restful seling Center Directors found that 85 of the Smith family, GORDON and Shar- evening a little early when I heard percent of counseling centers on colon. what was going on and I decided to lege campuses are reporting an in- I again express my thanks to Senator quickly—maybe I look that way—dress crease in the number of students in DODD and Senator DEWINE. When you up and come over here, after I heard need of services. look at legislation in this body that at- you speak.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7807 Let me say to you, I am very proud of ing mother and father and a schizo- said, Don’t bother me. I already know you. I am not totally familiar with the phrenic child who perhaps are living on it is a disease. Let us find some way to bill, but I hope you will make me a co- $25,000 a year. The problem is they help. That is what I say. If your bill sponsor. I ask consent that Senator don’t have enough money to have care- does it, let’s pass it. I am on it. I would HUTCHISON be made a cosponsor. givers help them. Guess what. The in- like to pass it. The PRESIDING OFFICER. Without surance companies don’t help them ei- But we are ready to pass the most objection, it is so ordered. ther because we have a definition of significant bill to help anyone who has Mr. DOMENICI. I want to talk to the sick and illness in the insurance poli- any of the major illnesses and be sure Senate today about a very sad situa- cies that is 50 years old. They did not that the group insurance policy covers tion. I want to address these remarks know anything about mental illness. them. Thus, their parents can take at a couple of Republicans, whose So they ruled it out. them to doctors, parents can see to it names I don’t know, but I will soon, I don’t know if you know this, but al- their children get medical care rather who have holds on the most important most every group insurance policy in than the asterisk on the policy that bill that has to do with mental illness America writes coverage for cancer, says you get less or nothing if the dis- in America. I am very hopeful we can coverage for tuberculosis, and coverage ease or illness is mental illness. carve out a niche as you desire, to try for every major disease. But when it I came down here not because I want- to give some help to those who are suf- comes to mental illness, it is either ed to set aside or argue or contend that fering so much that they commit sui- stricken or it has an asterisk down at I have the most important bill. There cide, and all of the various participants the bottom. It gets significantly less were 80 Senators on this bill at one in that activity from mothers and fa- coverage, or none. time—79, bipartisan, the bill for parity. thers to doctors to counselors—every- There are parents who have given up I submit to my friend GORDON SMITH, one. I am hopeful we will get that done. on their children because they cannot who came to the floor and told us from Second, I didn’t hear anyone men- pay the bills anymore. They go look for his heart what this is all about, that tion, but I will mention to you, Sen- their children in the slums; they go you would agree and probably would ator, the doctors, the general practi- look for their children in jails, because agree wholeheartedly that all of the tioners who see thousands and thou- there are more children with mental medicines and doctors you called upon sands of our young teenage men and illness in the jails of America than in to help your son did something good. women who are most vulnerable. the hospitals to take care of the men- You probably are not bashful or regret- Maybe we need an annual crash course tally ill people. Why are they there? ful of what you paid. But how much for them because they are not seeing Because nobody takes care of them. worse would you be in your heart if you the basic signals of mental illness in Why doesn’t anybody take care of couldn’t afford it and you had an insur- their patients. I tell you, I am not a them? Because most people went broke ance policy from your business group doctor and I am not a genius, but I can trying to take care of them. and you took them to a doctor and tell you, because I have already Sitting up there at that desk is a bill they said schizophrenia isn’t covered learned, what I would look for in a pa- called parity—equal—parity of insur- because it wasn’t covered when we tient who came to me for anything so ance coverage for the mentally ill. It knew nothing about it, so we are going I could rule out whether they had de- has been cleared on that side. It came to leave it uncovered, even when we pression; so I could rule out whether out of committee. And somehow or know something about it. It is still ex- they were manic depressive, or one of other a couple of Republican Senators empt. This bill at the desk for parity is not the other serious mental illnesses. But have a hold on it. I will try to find out a big cost. People say it is going to I am afraid we are going to have to who they are and I will go beg them to break business, and insurance compa- start with some system of insisting let us pass the parity bill. But I tell nies are going to have to raise rates. that our doctors find out about it as you: If it doesn’t work, we are going to We think we know what that is going the first and biggest clearance mecha- take it up. I know the leader wants to to be. We are prepared to answer it. nism in the United States. get bills through expeditiously. But I But let me tell you, I am as capi- Having said that, I want to discuss a am going to tell him tonight, patience talist as anyone here. I am as con- little bit about the worst thing hap- has run thin and we have to get it cerned about business and business pening in the United States about men- done. It has been worked through the men and women as anyone here. But tal illness. First, Senator SMITH, you committee chaired by JUDD GREGG. He this society has a real problem when it are speaking of the effect of mental ill- has one amendment. That is great. He exempts insurance companies from ness. Because someone is a depressive, has at least told us he wants one hour. having to pay the cost of mental illness they have an illness, and the illness But others are not even letting us while they pay the cost of all other ill- may or may not lead to suicide. But know who they are, and they are hold- nesses. That isn’t right. there are five major illnesses that are ing up this bill. I saw my friend Senator REID on the mental, and any of them might cause Let me tell you what happened to floor speaking about his family and his suicide. But the most important thing America. America has the greatest father. I saw the great Senator, Sen- is all of them cause tremendous sorrow medicine, the greatest services, and the ator SMITH. I saw Senator NICKLES and tremendous grief and tremendous greatest caretaking machine for the also. I don’t have to tell you about my misunderstanding on the part of par- hearts of our people. If you have some- daughter. You all know about my ents and friends of those who have the thing wrong with your heart, they daughter. I have eight children and I disease. know how to take care of it. They will have one who has been sick since she I might say, Senators, we have at put you in a hospital. There is coverage was 13. So I know all about this. I am least moved away from the stigma and by insurance if you have group insur- glad we can afford to pay for what she everybody is at least willing to talk ance. needs. But I would feel bad if I had an about these as illnesses. Everyone is In the meantime, the tests, the insurance policy and it covered every- talking about how do we help rather knowledge, the information about body else in my family for diabetes and than how do we hide. heart conditions gets a lot of resources. a heart condition and didn’t cover her. Everyone is talking about getting Clinics are built and hospitals are built I think we have to pass the bill. I am these people who have symptoms to a because there are resources because really tired. When it comes to pushing, good doctor so they can get both dis- heart is covered by insurance. I am probably as easy a pushover as cussions going and medicines that are We take care of our hearts and we anyone around, so I just let it go by. It so helpful. Everybody is talking about fail to take care of our heads, our will come up someday. But I am saying that. But, my friends, the real problem brains. We take care of our heart and it is going to get passed in this Senate is all children with these diseases are spend money on it, and we will not before we get out of here. not the fortunate children of that Sen- spend anything on mental illnesses. It I am going to tell our leader he has ator. They are the unfortunate chil- is no longer a joke. It is no longer a been patient with me. We weren’t going dren of poor people, of people who stigma. Everybody around knows. Our to do anything until it got out of com- make a little bit of money, with a lov- President, as recently as 6 months ago, mittee. We told you that. We worked

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7808 CONGRESSIONAL RECORD — SENATE July 8, 2004 hard and long to get it out of com- The PRESIDING OFFICER. The Sen- I thank the Senator. I turn back his mittee. It took a long time. ator from Oregon. time to him. Now it is sitting at that desk. We are Mr. DOMENICI. I yield to the Sen- Mr. DODD. Will the Senator yield? taking up all kinds of things while we ator from Oregon. Mr. DOMENICI. Let me make an ob- are not able to send a signal to the 71⁄2 Mr. SMITH. Mr. President, I ask servation and I will yield. million or 8 million parents who need unanimous consent that Senator When one is involved in an issue such this bill, who need some indication DOMENICI be added as an original co- as this for 15 years, as I have, you go to that we care, that we are not going to sponsor of the Garrett Lee Smith Me- a lot of meetings. You go to a lot of have an insurance policy that covers morial Act, along with Senator meetings with mothers and fathers, our heart and not an insurance policy CORZINE and my colleague Senator with groups of those who are mentally that covers our brain. WYDEN, from Oregon, and Senator ill. We hear the saddest stories one That is what the issue is about. Can HATCH, who have also requested they could ever imagine. you imagine a country as great as ours be added as original cosponsors. I remember a gentleman and his wife saying, Well, when we first started The PRESIDING OFFICER. Without came up to me and said: We have two writing health insurance policies we objection, it is so ordered. children. didn’t know that schizophrenia was a Mr. SMITH. Mr. President, I say to I asked: Where are they? disease. We did not know manic depres- my friend, the Senator from New Mex- She looked up at him as if, Should we sion was a disease. We did not know se- ico, in the darkest of hours after my tell him? He was a CPA, very proud. vere depression was a disease. son’s death, his call was one of the She said: Tell him. He said: Senator, We go through the years and we find most important that I received because out these illnesses are diseases, but we don’t know where our two children he has struggled with his daughter. He are. Well, we think they are in the since they weren’t originally known to has now spoken here with a passion on be a disease, we are going to let group slums of some city or in the jails of mental health issues so that I think all some city. insurance policies continue to exempt America better understands, if they lis- them. I said: What are you talking about? tened to him. He said: Well, they are both sick with Now we know. There is no one, I say PETE DOMENICI of New Mexico was schizophrenia and we don’t have any to my friend Senator DODD, who has the first person who said to me that more money to pay for them. We are been a greater help on discussing the my son had an illness that I could not broke. issue of whether these dread mental ill- fix. My son had an illness not unlike I said: Do you have insurance? nesses I have just enumerated are ill- leukemia or cancer or congestive heart nesses or diseases. Yet we let insurance failure; that it was, in fact, a lethal ill- He said: Oh, we have a lot of insur- companies continue to write policies as ness and not to beat myself up about it. ance, but the insurance doesn’t cover if we did not know it was a disease. I beat myself up, anyway—I still do— our kids’ illnesses. So we spent every- From my standpoint, I will do any- wondering, would have, could have, thing we had and then they got ar- thing in any area that will help us help rested because they did not act right. should have, but PETE DOMENICI helped those with mental illness. If you have a this Senator to go back to work, to They don’t act right. They do every- bill that will help prevent suicide, I am thing strange. They steal; if they see for it. But I can state that if we do not find joy again in living, and to share with him the passion that comes from these little carts, they steal hotdogs. have a bill that forces group insurance Maybe somebody arrested them for policies to cover mental illness as suffering and the understanding that comes from a loved one who is beyond that and put them in jail. other illnesses, the effect of the suicide When people start telling these sto- bill is going to be minimized to the ex- rational reach. I have come to believe that it is true, ries, it is not an accident, they did not tent that parents cannot afford what tell of a one-time event. You know they need. what PETE DOMENICI taught me in my darkest hour; that is, that mental there has to be a lot more, right? You Mr. REID. Will the Senator yield? run into one in your own constitu- Mr. DOMENICI. I would be pleased to health is just as real a problem as physical health and that we need to ency—if you start running into one, yield. two, or three problems that had to do Mr. REID. On our side, as the Sen- learn more about it. We need more pro- with your mail, you would come home ator knows, we have pushed very hard fessionals trained about it; we need and ask: What is wrong with the mail? for this bill authored by you and the more focus on it. It has ramifications You don’t say: What is wrong with the late Senator Paul Wellstone. It was an for business that result in lost letter that came from HARRY REID that odd couple, Wellstone-Domenici, but it worktime, no-shows, layoffs, family you didn’t answer, but you know some- was one bound with friendship. The two tragedies. thing is wrong when you have two or Senators found a place where they With a little bit of intervention, a three people telling you, for a couple of agreed and they went to all ends to little more compassion, we can get days, about this thing that I just de- make sure that legislation passed. ahead of this and begin to treat it as As the Senator told me when I was we might other diseases. scribed. talking a few minutes ago, we need to I admit, we have a lot more to learn. It is a big problem. I can tell you do this for a lot of reasons, but one is My bill, our bill, does not include par- there is no reason it has to be. to respect the memory of Paul ity. My bill is a start. My bill is a slice Last, there are no shelters. There is Wellstone. of the problem. The Senator from New nobody in the business of providing fa- On our side, we would be willing to Mexico is right. His bill takes on the cilities because there is no money to take up that bill and spend 1 hour. We whole problem in a way that ulti- pay for anything, right? If money flows will do it at midnight, 6 o’clock in the mately we need to resolve as a Con- from the back of a mentally ill per- morning. One hour is all we want. We gress and as a country. son—there is a little knapsack on him will only take 30 minutes of that hour. I thank Senator DOMENICI for listen- that says ‘‘insurance’’—if it flows from I want everyone to understand, on our ing to me, for putting his clothes back him, it will flow to businessmen who side, we want 30 minutes. If that is too on, for coming back on down here, might build these kinds of facilities. much time, we will cut it down. sharing with me, with all of America But nobody is going to do that because Does the Senator understand we will who care about this issue, that this there are no resources. do everything? Everyone knows we problem is bigger than my bill address- So with that, instead of yielding to have worked closely together for so es, our bill addresses, but it is legis- my wonderful friend, Senator DODD, I many years on appropriations. What lating within the realm of the possible. am just going to yield the floor. the Senator has done on this mental It is a good beginning, an important I yield the floor. health parity will go down in the his- beginning. Perhaps it is aimed at just The PRESIDING OFFICER (Mr. COR- tory books. We need to make sure it the most vulnerable among us, and NYN). The Senator from Connecticut. passes, and the history books have that is our youth who need a little Mr. DODD. Mr. President, I was going something definitive, not a matter more help than we have been giving as to ask my colleague to yield, but he only initiated. a country. has spoken eloquently enough. I was

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7809 just going to once again thank him and hope sooner rather than later—but I Those with depression are locked up alone Nancy, his lovely spouse, as well, who want my friend from New Mexico to to contemplate suicide. I guess you get the have been real champions on this issue know: Don’t you ever doubt for a single picture. for as long as I have been here, almost second this is not going to get done. It That is a direct quote. a quarter of a century. may not be today and it may not be to- Carol Carothers, who directs the I was thinking of the number of morrow or next week, but I promise Maine chapter of the National Alliance times, in my own public service of now you that before long—hopefully before for the Mentally Ill, says: almost 30 years, that I have been with this session ends, if not sooner—we are Surely we would not dream of placing a audiences—50 people, 100 people, 200 going to get this legislation passed, child with another serious illness, like can- people—talking about this subject mat- and we are going to give the President cer for example, in a juvenile detention center. I oftentimes will turn to the audi- an opportunity to sign it into law to ter to await a hospital bed or community ence and say to the audience: I want begin to make a difference for the peo- based treatment. It is outrageous that we do this to children with mental illness. any of you here who have not been af- ple in this country. So then I can not fected by this issue to raise your hand. only ask the question to those audi- So I say to my distinguished friend If there is someone in the audience out ences in my own State, ‘‘Is there any- from New Mexico, thank you for com- here who has not had a father or a one who has not been affected by this?’’ ing down today and enlarging this de- mother or a sister or a best friend or a but I can ask, ‘‘Is there anybody who bate. It needs to be enlarged. We so be- cousin who has been affected by one cannot get help?’’ because we have in- lieve that we need to pass Senator form of mental illness or another, just sisted the insurance companies and SMITH’s legislation that I proudly co- raise your hand. I am curious to know others start treating this condition as sponsor. But we also have to move to if there is anybody here who has not if it were any other ailment people can the next step because the next step is been touched by this issue. I have get coverage for and their families get just as important, if not more so, be- never, in my 30 years of public service, protection. cause it includes so many more people. in my home State of Connecticut, when Once again, I thank my friend from The Senator from New Mexico is I have ever raised this issue, ever had Oregon, and I thank his lovely wife known for a lot of things, but his re- anybody raise their hand—in 30 years. Sharon and their family for their cour- sume will never have anything on it Everyone—every single American—has age and their willingness to share with more important. I repeat, we need to been touched by this issue. the country their feelings. get it passed. You would think, in this kind of en- There have been many moments of The PRESIDING OFFICER. The Sen- vironment, when we all understand pride when you watch a piece of legis- ator from Oregon. this issue—and we have gone through lation become law. There are very few Mr. SMITH. Mr. President, I received one of the most moving moments of my that will equal the moment we are a note from Senator HILLARY CLINTON 24 years in the Senate today, listening going to have this evening. My hope is asking that she be added as an original to the eloquent comments of my col- that we will adopt this legislation cosponsor to the Garrett Lee Smith leagues from Oregon and Nevada and named after Garrett. Memorial Act. So on her behalf, I ask Oklahoma speaking about their own The PRESIDING OFFICER. The Sen- unanimous consent that she be added personal experiences—you might think ator from Nevada. as a cosponsor. at a moment like this we would be able Mr. REID. Mr. President, one of our The PRESIDING OFFICER. Without to come together to not only deal with very able Senate staff brought to me objection, it is so ordered. the legislation that we have authored something I need to share with every- The Senator from Utah. together to deal specifically with teen- one here today. This is a report from Mr. HATCH. Mr. President, this age suicide and related issues, but we the New York Times, dated today. afternoon, I have listened to my col- might also find some time, right now, Among other things, it says: leagues speak courageously about their in the midst of this, to bring up and Congressional investigators— family members they have lost to suicide. My heart goes out to all of them, vote on a bill that enjoys over- This was a House committee, which I especially, my colleague and dear whelming support in this body. am sure does competent work— It would be one thing if the Senator friend, Senator GORDON SMITH. By said Wednesday that 15,000 children with psy- from New Mexico and others who have chiatric disorders were improperly incarcer- speaking openly about the cir- joined him in this matter were in a mi- ated last year because no mental health cumstances of his son, Garrett’s death, nority, but there is a majority of us services were available. he has raised awareness to the serious who believe exactly as does the Sen- This was a report. This came out yes- matter of youth suicide. I am proud to ator from New Mexico, that it is the terday. The study: be an original cosponsor of the Garrett 21st century—we are not in the 17th, . . . found that children as young as 7 were Lee Smith Memorial Act. I believe the 18th, 19th, or even 20th century—and incarcerated because of a lack of access to Senate will approve this legislation we are still treating this issue as if mental health care. More than 340 detention today due primarily to Senator SMITH’s somehow it belongs in the recesses and centers, two-thirds of those that responded courage to speak openly about his own shadows and darkness of some corner, to the survey, said youths with mental dis- family’s experience. despite the fact that almost every sin- orders were being locked up because there This legislation is necessary because gle one of our fellow citizens under- was no place else for them to go while await- it raises awareness of the alarmingly stands this issue because they have ing treatment. Seventy-one centers in 33 high rate of youth suicide—it is much states said they were holding mentally ill confronted it very directly in their own youngsters with no charges. higher than most would believe. Sui- homes and in their own neighborhoods. The 15,000 youths awaiting mental health cide is the third leading cause of death Yet we can’t seem to find, as the Sen- services accounted for 8 percent of all young- for young people aged 15 to 24, and the ator from Nevada has suggested, the 15, sters in the responding detention centers. fourth leading cause of death for chil- 20, 30 minutes or an hour to give us a Dr. Ken Martinez of the New Mexico De- dren between 10 and 14. My own State chance to vote. Maybe people will want partment of Children, Youth and Families of Utah is ranked among the top 10 to vote against it. If they do, that is said the data showed ‘‘the criminalization of states in the nation for suicide. mental illness’’ as ‘‘juvenile detention cen- their business. But I believe there is a ters have become de facto psychiatric hos- I cosponsored this bill because it pro- majority of us who would like to see pitals for mentally ill youth.’’ vides grant funding to states so each this get done. Mental health advocates, prison officials, may develop a youth suicide and inter- So I want to say to my friend from and juvenile court judges all testified and vention strategy through the adminis- New Mexico, who I have worked with recommended three types of solutions. . . . trator of the Substance Abuse and on this issue—and I appreciate our col- The main one is ‘‘more extensive in- Mental Health Services Administration league from Nevada raising the name surance coverage.’’ in order to prevent teen suicide. This of Paul Wellstone, who was a great Just a couple more things from this money may be used to develop state- champion of this issue as well during same report. wide early prevention and suicide his service in the Senate—that I don’t In Tennessee, a juvenile detention intervention strategies in schools, edu- know when this is going to happen—I center administrator said: cational institutions, juvenile justice

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7810 CONGRESSIONAL RECORD — SENATE July 8, 2004 systems, substance abuse programs, The PRESIDING OFFICER. Without ship some ample time over the week- mental health programs, foster care objection, it is so ordered end to see if they can’t fashion a com- programs and other child and youth Mr. DODD. Mr. President, I do not promise which would allow for the con- support organizations. know if there is any further discussion sideration of a number of amendments, The bill also creates a federal Suicide on this subject matter. If not, I want to both relevant and nonrelevant, as is Technical Assistance Center to provide move back to the subject matter of the the normal course of Senate business. guidance to state and local grantees on bill. Then we would come to a final vote and establishing standards for data collec- I see my colleague from New Mexico. go to conference on the class action re- tion and the evaluation of this data. Mr. DOMENICI. Mr. President, I ask form act. Finally, this legislation provides grant if I might speak for a minute. I thought the decision to invoke clo- funding to colleges and universities to Mr. DODD. Mr. President, I am glad ture was one that was made last establish or enhance their mental to yield to my colleague. evening out of frustration because we health outreach and treatment centers The PRESIDING OFFICER. The Sen- were not getting very far with the class and improve their youth suicide pre- ator from New Mexico. action reform bill. We began Tuesday vention and intervention programs. Mr. DOMENICI. Mr. President, I night, but there were no votes that I became deeply interested in this want to say that the parity bill, which evening. On Wednesday morning, be- issue when I found out that my home is now at the desk, had to go through fore any amendments were offered at State of Utah suicide rates for those a standing committee. Senator KEN- all, the majority leader filled the ages 15 to 19 have increased almost 150 NEDY is the ranking member of that amendment tree, precluding any percent in the last 20 years. According committee, I say to Senator DODD. I amendments from being offered with- to the CDC, in the mid-1990s, Utah had thank him because he was pushing very out getting his approval. Then Wednes- the tenth highest suicide rate in the hard for a long time that we get that day night, the decision was made to country and was 30 percent above the bill taken care of. It took a long time, file cloture. U.S. rate. This is one statistical meas- but it is out now, and it is in a form ure on which I want to see my state at that very few can object to. I am looking at a piece of cor- the bottom. So I say thank you to Senator DODD respondence dated July 6, the day be- Teen suicide is an issue that is rap- and Senator REID for giving me the re- fore the decision to invoke cloture, idly becoming a crisis not only in my assurance that we are going to get it from the National Association of Man- State of Utah but throughout the en- done. I cannot believe we are so inept ufacturers. In his letter to all 100 Sen- tire country. Young people in the that we cannot. I will, because of to- ators—dated July 6, not July 7—he United States are taking their own night, reinstate my dedication, and we notes a cloture vote will occur and that lives at alarming rates. The trend of will get it done before the session is it is going to be considered a vote that teen suicide is seeing suicide at young- over for sure. will be scored on their annual legisla- er ages, with the United States suicide The PRESIDING OFFICER. The Sen- tive report card. rate for individuals under 15 years of ator from Connecticut. I ask unanimous consent to print the age increasing 121 percent from 1980 to Mr. LEVIN. Will the Senator from letter in the RECORD. 1992. Connecticut yield? Suicide is the second leading cause of There being no objection, the mate- Mr. DODD. I am happy to yield. rial was ordered to be printed in the death among college students. In a 1997 Mr. LEVIN. Mr. President, I ask RECORD, as follows: study, 21 percent of the nation’s high unanimous consent that I be added as JULY 6, 2004. school students reported serious an original cosponsor of the Garrett thoughts about attempting suicide, Lee Smith Memorial Act. DEAR SENATOR: On behalf of the 14,000 with 15.7 percent making a specific The PRESIDING OFFICER. Without member companies of the National Associa- tion of Manufacturers (NAM), including plan. Although numerous symptoms, objection, it is so ordered. diagnoses, traits, and characteristics more than 10,000 small and medium-sized Mr. DODD. Mr. President, I want to manufacturers, I urge you to vote for S. 2062, have been investigated, no single fact let my colleagues know what I am or set of factors has ever come close to the Class Action Fairness Act; vote in favor going to do at the end of these re- of cloture; and vote against all amendments predicting suicide with any accuracy. marks. So that there will be no sur- except managers’ amendments. We need to understand what the bar- prises, I am going to ask unanimous riers are that prevent youth from re- Created for the purpose of efficiently ad- consent that the anticipated vote on dressing large numbers of similar claims, far ceiving treatment so that we can fa- cloture that is going to occur later too many class action lawsuits are brought cilitate the development of model solely for settlement value and fees as op- treatment programs and public edu- today or tomorrow morning be vitiated indefinitely. I am not making that mo- posed to helping aggrieved consumers. The cation and awareness efforts. This bill Class Action Fairness Act would help miti- provides the funding to get these types tion yet, but I am going to make the gate the current situation by giving federal of initiatives started. motion. I want to give them notice so courts original jurisdiction over class action Again, I am proud to be an original they can find someone here who may lawsuits where diversity of citizenship oc- cosponsor of this legislation and I com- want to object. I am going to make the curs and by creating a ‘‘Bill of Rights’’ for class members to stem the most flagrant mend my colleague, Senator GORDON motion because my view is that we abuses of the current system. Federal courts SMITH for his commitment and dedica- have worked long and hard on getting more consistently decide when class actions tion on this matter. I know it is such a this class action reform bill done. This bill is not perfect, but it is a reasonable should be allowed, and these courts are bet- difficult subject for him but his open- ter equipped to deal with complex cases in- ness today will make a difference to- bipartisan compromise that will revolving interstate commerce fairly and effi- morrow. form the nation’s class action system. ciently. The current system allows plaintiff- In fact, I believe our floor discussion Having worked on this legislation friendly jurisdictions to unduly influence na- today on the Garrett Lee Smith Memo- last fall with a number of my col- tional policy through litigation. rial Act has already made a difference leagues, we now find ourselves in the S. 2062 does not make any changes to sub- because families who have lost some- middle of July dealing with this issue. stantive law. Rather, it is a reasonable re- one to suicide now know that they are I still have never received an adequate sponse to an unanticipated problem with the not alone. And, if one life is saved be- explanation of why this matter was not federal rules of judicial procedure and simply cause of our consideration of this bill brought to the floor in January, Feb- reinforces the intent of the Founders that ruary, March, April, or any point ear- lawsuits involving litigants from different today, we have done our job. states should be heard in federal court. The The PRESIDING OFFICER. The Sen- lier. Why we waited until as late as we NAM believes that this bipartisan legislation ator from Connecticut. have to bring up an issue that has been will increase judicial efficiency and provide a Mr. DODD. Mr. President, I might as important as this makes little sense. forum better suited to adjudicating complex add, I think Senator KENNEDY as well But my plea to the leadership, par- class action litigation. wants to be added as a cosponsor. I ask ticularly the majority leader, is to not Votes for cloture and in favor of S. 2062, unanimous consent that Senator KEN- insist upon this cloture vote right now. the Class Action Fairness Act, and against NEDY be added as a cosponsor. Instead, I would like to give the leader- any weakening amendments (including those

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7811 that would endanger final passage), substi- others who are interested a chance minimum wage. Senator CRAIG of tutions or motions to recommit will be con- over the next several days to see if Idaho has an issue dealing with immi- sidered for designation as Key Manufac- they can’t come up with a formulation gration and joblessness which enjoys turing Votes in the NAM voting record for the 108th Congress. that will allow for the consideration of the cosponsorship of three-quarters of Sincerely, several amendments under time agree- the Members of this body and the sup- JERRY JASINOWSKI, ments. That ought to be the way we port of the White House. We can’t get President. proceed, rather than abandoning this it to the floor of the Senate. We have Mr. DODD. My point is, I would have effort. the provisions offered by our colleagues thought this letter might have been I am told the next two issues to be from Hawaii who are seeking some sup- dated on July 7, not the day before the brought up—and the minority whip can port for legislation that is critically decision to invoke cloture. It raises correct me if I am wrong—are a con- important to their State. I mentioned some suspicion that maybe the inten- stitutional amendment on gay mar- the minimum wage. I mentioned mention was all along to file cloture and riage and a flag-burning constitutional tal health parity. These are only some not to give us a chance to go through amendment, neither of which have any of the issues. the normal processes of debate and chance of passage in this body. I don’t On the question of importation of amendments. believe anyone agrees there is any drugs, we are constantly being told Apparently the fix was in even before chance of them becoming the law of that matter is going to come to the we started, which indicates to this Sen- the land. Yet we are going to shove Senate floor for debate. Yet we are ator that the intention was never to class action reform, based on the deci- finding all of these issues being scut- get to this bill. There were numerous sion of the majority leader, off the tled, including class action reform, to meetings over the last several. One of table, maybe permanently, in order to the sidelines so we can deal with a cou- the things we talked about was the im- consider two matters that have no ple of issues that have limited support portance of setting aside an adequate chance of being adopted whatsoever. in this Chamber and I think marginal amount of time for the full consider- If that is in fact the situation, then support if people thought about them ation of this bill. those who have been such strong sup- out across the country. The Democratic leader offered a pro- porters of this proposal outside of this So I am disappointed by the prior- posal of limiting several nongermane Chamber ought to understand what the ities here. I realize the majority has amendments and a limited number of game is. As I have often said, I was the right to set the agenda; it is their relevant amendments. The majority born at night, but not last night. I business to set the agenda. The major- leader countered and offered to have think I understand what is going on ity party controls this Chamber, they even fewer nongermane amendments here. Maybe all this time was only a control the other body, and they con- and an unlimited amount of germane game to bring the issue up with the full trol the White House. They set the or relevant amendments. I was mys- knowledge that once you close the op- agenda. They have decided that the tified by that offer because had it been portunity for further amendments, you agenda—America’s agenda—ought not accepted, we could have spent weeks on are then guaranteeing the outcome we to be class action reform, ought not to this bill without ever invoking cloture are about to have. be mental health parity, ought not to if we had had hundreds of amendments I am terribly disappointed, after a lot be the minimum wage, ought not to be filed that were germane to the under- of time being spent on this effort, that immigration reforms, which the Latino lying bill. we have come to this particular mo- and Hispanic community and agri- I am convinced there is still a formu- ment. We just listened to the eloquent businesses care about so much, and lation of germane/nongermane amend- comments of our colleague from Or- ought not to be the legislation offered ments that would allow us to consider egon on legislation that will be adopted by my colleague from Hawaii. Instead, those in a relatively expedited fashion later this evening or next week dealing it ought to be gay marriage and flag and then get to final passage of the with teenage suicide. We have listened burning, neither of which have any class action reform bill. My plea will to the Senator from New Mexico, Mr. chance of being adopted by this body. be at the appropriate time that we viti- DOMENICI, who has worked for 15 years My colleagues know full well con- ate the cloture vote, let the leaders on trying to achieve parity in the pro- stitutional amendments require super- over the weekend see if they can’t visions providing coverage for people majorities in order to leave here for come up with some formulation on with mental illnesses. There is a sig- consideration by the various States. amendments, and then next week or so nificant majority of us in this body I see the presence of a colleague on to return to the legislation. who believe that legislation ought to the other side. I wanted to make sure It is a great travesty that we are be adopted and then sent to the House someone was here before I make a going to abandon this bill many of us for their consideration. They may re- unanimous consent request. have worked long and hard on because ject it. It may not be adopted in con- I ask unanimous consent that the a small minority are unhappy over the ference, but we owe those who have motion to invoke cloture, scheduled for possibility that we might consider as fought long and hard a chance to vote tomorrow morning, be vitiated indefi- amendments several proposals that on these measures. Certainly the nitely, and that the reason for doing it enjoy broad support in this institution. American public might be more im- is to give the leadership an opportunity I realize that can be difficult. But pressed with the Senate if we were to to try to formulate a structure that nonetheless, it seems to me you don’t deal with the issue of mental health will allow for the consideration of the shut down the underlying bill entirely rather than with the issue of gay mar- class action reform bill in some man- because there are some proposals that riage or flag burning. ner that we can all endorse, support, may be offered that are unappealing to Literally thousands of cases, I am and allow us to get to that issue. I only a handful. Yet that is the situa- told, by people out there are being filed make that request. tion in which we find ourselves. in State courts when they belong in The PRESIDING OFFICER. Is there For those who have worked on this, Federal courts. I am a strong supporter objection? we are about to miss this opportunity, of that effort. Are people here to tell Mr. CHAMBLISS. Mr. President, I re- maybe not only for this Congress but me the flag-burning amendment and a spectfully object. for many years to come. That can hap- gay marriage constitutional amend- The PRESIDING OFFICER. Objec- pen. I have been around here long ment are more important than dealing tion is heard. enough to know if you don’t strike with reforming the class action system The Senator from Michigan is recog- when the iron is hot, you may lose the or the issue of mental health parity? I nized. opportunity for a long time down the hate to see what the outcome would be SENATE INTELLIGENCE COMMITTEE REPORT road. if I polled the American public what Mr. LEVIN. Mr. President, tomor- I appeal to the majority leader, who they felt about the priorities of the row’s report of the Senate Intelligence filed the cloture petition last evening, Senate so close to the election. Committee will be intensely and exten- to vitiate that cloture motion. Give What issues would America like to sively critical of the CIA for its intel- himself, the Democratic leader, and see us address? We have the issue of the ligence failures and mischaracteri-

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7812 CONGRESSIONAL RECORD — SENATE July 8, 2004 zations regarding Iraq’s possession of official at the embassy on April 9, 2001. money to support operations, and the open- weapons of mass destruction. That re- That’s never been proven; it’s never been re- ness and tolerance of US society as well as port is an accurate and a hard-hitting futed. the ready availability of important informa- and well-deserved critique of the CIA. But what the Vice President con- tion about targets, flight schools, and airport and airline security practices. It is, of course, but half of the pic- tinues to leave out is the critical sec- ture. Earlier today I released an exam- ond half of the CIA’s now unclassified NEW CIA RESPONSE RAISES QUESTION AGAIN: ple of the other half. assessment that ‘‘although we cannot WHERE DOES VICE PRESIDENT CHENEY GET A few days ago the CIA finally an- rule it out, we are increasingly skep- HIS INFORMATION? swered, in an unclassified form, the tical that such a meeting occurred.’’ On July 7th, I finally received an unclassi- question I have been asking them The Vice President also omits the fied answer to a Question for the Record that about whether the Intelligence Com- key CIA statement: I had posed to Director of Central Intel- munity believes that a meeting be- In the absence of any credible information ligence George Tenet after he appeared between an Iraqi intelligence official and that the April 2001 meeting occurred, we as- fore the Armed Services Committee on sess that Atta would have been unlikely to March 9, 2004. I am releasing this response Mohamed Atta, one of the 9/11 hijack- today, because it is further evidence that ers, occurred in Prague in the months undertake the substantial risk of contacting any Iraqi official as late April 2001, with the Vice President Cheney has and continues to before al-Qaida’s attack in America on plot already well along toward execution. misstate and exaggerate intelligence infor- 9/11. The answer of the CIA illustrates mation to the American public. This pattern, In summary, the CIA says there is no the point that tomorrow’s Intelligence the record of which has continued to grow credible evidence that the meeting oc- Committee report is extremely useful over time suggests that Vice President Che- curred, and it is unlikely that it did regarding the CIA’s failure, but it does ney is getting his intelligence from outside occur. The American public was led to of the U.S. Intelligence Community. In Feb- not address another central issue—the believe before the Iraq war that Iraq ruary I asked him to clarify the basis for administration’s exaggerations of the had a role in the 9/11 attack on Amer- some of his statements, but he has not yet intelligence that the CIA provided to ica, and that the actions of al-Qaida responded to my request (letter attached). I them. That is left for the second phase and Iraq were ‘‘part of the same am therefore left to continue wondering of the Intelligence Committee’s inves- what his sources are. threat,’’ as Deputy Secretary of De- tigation. ALLEGED ATTA MEETING IN PRAGUE This newly released, unclassified fense Paul Wolfowitz has put it. Well, it was not the CIA that led the Vice President Chency persists in his rep- statement by the CIA demonstrates resentation that a leader of the 9/11 hijack- public to believe that; it was the lead- that it was the administration, not the ers, Mohammed Atta, may have met with an ership of this administration. CIA, that exaggerated the connections Iraqi intelligence official in Prague in April, Mr. President, I ask unanimous con- between Saddam Hussein and al-Qaida. 2001. When asked on Meet the Press on De- sent that four documents, which I re- The new CIA answer states that the cember 9, 2001 about possible links between ferred to in the body of my remarks, be Iraq and the 9/11 attacks, he claimed that the CIA finds no credible information that printed in the RECORD at this point. April Atta meeting was ‘‘pretty well con- the April 2001 meeting occurred and, in There being no objection, the mate- firmed.’’ His subsequent statements on the fact, that it is unlikely that it did rial was ordered to be printed in the Prague meeting have been more qualified, occur. but he continues to present the alleged meet- RECORD, as follows: A bit of history. On December 9, 2001, ing as if it were something about which Tim Russert asked the Vice President RESPONSE OF DIRECTOR OF CENTRAL INTEL- there wasn’t enough information to make an LIGENCE GEORGE TENET TO SENATOR LEVIN informed judgment, i.e., it may have hap- whether Iraq was involved in the Sep- QUESTION FOR THE RECORD, MARCH 9, 2004, tember 11 attack. The Vice President pened, or we don’t know that it didn’t hap- ARMED SERVICES COMMITTEE HEARING pen. Most recently, on June 17, he wrapped replied: Question 8. Director Tenet, do you believe the suggestion in the following verbal pack- It’s been pretty well confirmed that he it is likely that September 11 hijacker Mu- age: ‘‘We have never been able to confirm [Mohamed Atta] did go to Prague and he did hammad Atta and Iraqi Intelligence Service that, nor have we bee able to knock it down, meet with a senior official of the Iraqi intel- officer Ahmed al-Ani met in Prague in April we just don’t know . . . I can’t refute the ligence service in Czechoslovakia last April, 2001, or do you believe it unlikely that the Czech claim, I can’t prove the Czech claim, I several months before the attack. meeting took place? just don’t know. . . . That’s never been prov- Vice President CHENEY also said in Answer. Although we cannot rule it out, en; it’s never been refuted.’’ his interview with CNBC on June 17 of we are increasingly skeptical that such a This characterization does not fairly rep- meeting occurred. The veracity of the single- this year that the report from the resent the views of the Intelligence Commu- threaded reporting on which the original ac- nity. I have long been award of this dif- Czechs was evidence that Iraq was in- count of the meeting was based has been ference, and have pressed the Central Intel- volved in the 9/11 attacks. In his inter- questioned, and the Iraqi official with whom ligence Agency (CIA) to declassify their view with the Rocky Mountain News Atta was alleged to have met has denied ever views on whether they believe this meeting on January 9 of this year, the Vice having met Atta. took place. Finally, a few days ago, they pro- President also said that the alleged We have been able to corroborate only two vided a public, unclassified response to that meeting between the hijacker, Atta, visits by Atta to the Czech Republic: one in question. and an Iraqi intelligence official in late 1994, when he passed through enroute to The CIA stats publicly, for the first time, Syria; the other in June 2000, when, accord- that they lack ‘‘any credible information’’ Prague a few months before 9/11 ‘‘posing to detainee reporting, he departed for the that the alleged meetin took place. They sibly tied the two together to 9/11.’’ United States from Prague because he note that the report was based on a single President Bush frequently exagger- thought a non-EU member country would be source whose ‘‘veracity . . . has been ques- ated the overall relationship between less likely to keep meticulous travel data. tioned,’’ and that the Iraq intelligence offi- al-Qaida and Saddam Hussein. For in- In the absence of any credible information cial who was purportedly involved and who is stance, on the deck of the aircraft car- that the April 2001 meeting occurred, we as- now in our custody denies the meeting took rier, President Bush stated: sess that Atta would have been unlikely to place. Further, they assess that Atta is ‘‘un- undertake the substantial risk of contacting likely’’ to have ever sought such a meeting The liberation of Iraq is a crucial advance any Iraqi official as late as April 2001, with because of the substantial risk that it would in the campaign against terror. We have re- the plot already well along toward execu- have involved. The full CIA response is at- moved an ally of al-Qaida. tion. tached. Now, relative to the alleged Prague It is likewise hard to conceive of any single As we learned Tuesday, the 9/11 Commis- meeting itself, Vice President CHENEY ingredient crucial to the plot’s success that sion reviewed all of the intelligence, includ- continues the misleading rhetoric by could only be obtained from Iraq. ing investigations by both U.S. and Czech of- stating that we cannot prove one way In our judgment, the 11 September plot ficials, and indeed all of the intelligence that or another that the so-called Prague was complex in its orchestration but simple the Vice President received, and stands by in its basic conception. We believe that the its conclusion that the meeting did not meeting occurred. Vice President CHE- factors vital to success of the plot were all occur. NEY said on June 17 on CNBC: easily within al-Qa’ida’s means without re- The CIA and 9/11 Commission staff state- We have never been able to prove that sort to Iraqi expertise: shrewd selection of ments are not equivocal; while it is impos- there was a connection there on 9/11. The one operatives, training in hijacking aircraft, a sible to disprove a negative, after a system- thing we had is the Iraq—the Czech intel- mastermind and pilots well-versed in the atic and thorough review of the evidence it is ligence service report saying that Mohamed procedures and behavior needed to blend in their judgment that the meeting was un- Atta had met with a senior Iraqi intelligence with US society, long experience in moving likely or did not take place. However, the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7813 Vice President continues to simply claim weeks ago. That’s your best source of infor- intercept and prevent him from acquiring that the evidence is some how ambiguous or mation.’’ through this particular channel, the kinds of unclear, and leaves out the conclusion of the The article to which Vice President Che- tubes that are necessary to build a cen- CIA. On June 17, Vice President Cheney said ney astonishingly enough referred as the trifuge. . . . But we do know, with absolute that ‘‘we just don’t know’’ whether the meet- ‘‘best source of information’’ says it was certainty, that he is using his procurement ing took place. He went further to suggest based on a leaked Defense Department Top system to acquire the equipment he needs in that the report has ‘‘never been refuted,’’ but Secret/Codeword document. Aside from the order to enrich uranium to build a nuclear acknowledged that the only piece of evidence sense of wonder that is engendered when the weapon.’’ he’d ever seen to support an Iraq connection Vice President seems to confirm highly clas- There was a fundamental debate within the to September 11 was ‘‘this one report from sified leaked information by calling it the Intelligence Community before the war as to the Czechs.’’ This is the one report from the ‘‘best source’’ of information, the Intel- the intended purpose of the aluminum tubes single source that the CIA now publicly ac- ligence Community did not even agree with that Iraq was trying to import. The Depart- knowledges has been called into question. the Defense Department document on which ment of Energy, the Nation’s foremost nu- Earlier this year in a January 9, 2004 inter- the Weekly Standard article was purportedly clear weapons experts, and the State Depart- view with the Rocky Mountain News, Vice based. On March 9th, when I asked Director ment’s Bureau of Intelligence and Research, President Cheney said that, after the initial Tenet, the Director of Central Intelligence, did not believe the aluminum tubes were for Czech report of a meeting, ‘‘we’ve never been about Vice President Cheney’s comments, al- centrifuges to make nuclear weapons. In- able to collect any more information on legedly based on the classified Defense De- stead, they believed they were for conven- that.’’ But again, this is simply not true: the partment document, he said that the CIA tional artillery rockets. But Vice President 9/11 Commission lays out information that ‘‘did not agree with the way the data was Cheney did not acknowledge any division was gathered by the FBI that places Atta in characterized in that document.’’ He also within the Intelligence Community. He stat- the United States during the week of the al- said that he would speak to Vice President ed that the U.S. knew ‘‘with absolute cer- leged meeting in Prague, and the CIA clearly Cheney, to tell him that the Intelligence tainty’’ that Iraq was trying to obtain the had information about the unreliability of Community had disagreements with the De- tubes for nuclear weapons purposes. the source as well as the refutation by the fense Department document. Tomorrow the CIA will be properly called other purported party in the meeting. The document in question was prepared by to account for their failures expressed in In his numerous public statements Vice Under Secretary Feith. It was very similar Phase I of the Intelligence Committee re- President Cheney has not been reflecting the to the series of briefings that Under Sec- port. Phase II will follow, regarding the pol- view of the Intelligence Community on the retary Feith had provided to Secretary of icymakers’ use of intelligence. issue of the Atta meeting. On what informa- Defense Rumsfeld, then to Director Tenet The CIA’s belated public acknowledgment tion has the Vice President been relying? and the CIA, and finally to the staffs of the to my earlier question that the Intelligence Outside of the Intelligence Community, Office of the Vice President and the National Community has no credible evidence of an the only other U.S. government source of in- Security Council in the summer of 2002. Iraqi-al Qaeda meeting in April 2001 drama- formation I know on the Iraq-al Qaeda con- OTHER EXAMPLES OF EXAGGERATION BY VICE tizes the need for that Phase II review. nection, including the alleged Atta meeting PRESIDENT CHENEY in Prague, is the Office of Under Secretary of Unfortunately, these are not the only cases FUNDAMENTAL PROBLEMS WITH HOW INTEL- Defense for Policy Douglas Feith. Under Sec- where the Vice President, as just one key LIGENCE COMMUNITY IS ASSESSING INFORMA- retary Feith has acknowledge that his office Administration spokesman, has exaggerated TION provided information to Vice President Che- or misstated the intelligence on issues re- Application of a standard that it would not ney’s office on these matters. lated to Iraq. In fact, they are just two ex- normally obtain: IC does not normally re- In the summer of 2002, Under Secretary amples of a consistent pattern of such exag- quire juridical evidence to support a finding. Feith prepared several versions of a classi- geration where the policymakers—not the Consistent underestimation of importance fied briefing on the Iraq-al Qaeda relation- CIA—were the exaggerators, before and after that would be attached by Iraq and al Qaeda ship. The briefing was given first to Sec- the start of the war, and continuing up to to hiding a relationship: Especially when retary of Defense Rumsfeld, then to Director the present. There are others. operational security is very good, ‘‘absence Tenet and the CIA in August, and finally to of evidence is not evidence of absence’’. IRAQ’S MOBILE BIOLOGICAL WEAPONS VANS the staffs of the Office of the Vice President Assumption that secularists and Islamists (OVP) and the National Security Council As late as January 22, 2004, Vice President will not cooperate, even when they have (NSC) in September. The version of the brief- Cheney said to National Public Radio that common interests. ing given to Vice President Cheney’s staff in- ‘‘we know for example that prior to our cluded three slides that were not included in going in that he had spent time and effort U.S. SENATE, the version given to the CIA. acquiring mobile biological weapons labs, COMMITTEE ON ARMED SERVICES, One of those slides, which has since been and we’re quite confident he did, in fact, Washington, DC, February 12, 2004. declassified at my request and is attached, have such a program. We’ve found a couple of The VICE PRESIDENT, was critical of the way the Intelligence Com- semi trailers at this point which we believe The White House, munity was assessing the Iraq-al Qaeda rela- were, in fact, part of that program.’’ He con- Washington, DC tionship. Under Secretary Feith has ac- cluded by saying ‘‘I would deem that conclu- DEAR MR. VICE PRESIDENT: I am writing knowledged to Armed Services Committee sive evidence, if you will, that he did in fact about two intelligence matters related to staff that he added two other slides which have programs for weapons of mass destruc- Iraq: the first concerning weapons of mass concerned the Atta meeting issue, and which tion.’’ destruction, and the second concerning al- were not part of the briefing given to the That is not what the Intelligence Commu- leged cooperation between Iraq and al Qaeda. CIA. nity believed at the time. David Kay, the On January 22, 2004, you made the fol- The two slides remain classified despite CIA’s chief inspector in Iraq said the pre- lowing comment during an interview with my request for declassification. vious October that the Iraq Survey Group National Public Radio concerning two trail- The Atta meeting is, unfortunately, not had ‘‘not yet been able to corroborate the ex- ers in Iraq: ‘‘we know for example that prior the only instance in which the Vice Presi- istence of a mobile BW [biological warfare] to our going in that he had spent time and dent appears to have relied on analysis other production effort,’’ and that it was still try- effort acquiring mobile biological weapons than that of the Intelligence Community. As ing to determine ‘‘whether there was a mo- labs, and we’re quite confident he did, in the Intelligence Committee report to be re- bile program and whether the trailers that fact, have such a program. We’ve found a leased tomorrow will indicate, the CIA intel- have been discovered so far were part of such couple of semi trailers at this point which we ligence was way off, full of exaggerations and a program.’’ believe were, in fact, part of that program. errors, mainly on weapons of mass destruc- When I asked Director Tenet about Vice . . . I would deem that conclusive evidence, tion. But it was Vice President Cheney, President Cheney’s comments, he said he had if you will, that he did in fact have programs along with other policymakers, who exagger- spoken to him about it, to tell him that was for weapons of mass destruction.’’ ated the Iraq-al Qaeda relationship. not the view of the Intelligence Community. In his speech on February 5, 2004, Director WEEKLY STANDARD ARTICLE ON IRAQ-AL QAEDA ALUMINUM TUBES FOR NUCLEAR WEAPONS of Central intelligence George Tenet said COOPERATION On September 8, 2002, Vice President Che- that ‘‘there is no consensus within our com- On January 9, 2004, Vice President Cheney ney made an unqualified statement about munity over whether the trailers were for told the Rocky Mountain News that, on the the aluminum tubes on Meet the Press: that use [biological weapons] or if they were question of the relationship between Iraq ‘‘He [Saddam] is trying, through his illicit used for the production of hydrogen.’’ and al qaeda, ‘‘one place you ought to go procurement network, to acquire the equip- David Kay, former leader of the Iraq Sur- look is an article that Stephen Hayes did in ment he needs to be able to enrich uranium vey Group, testified to Congress on October the Weekly Standard here a few weeks ago, to make the bombs.’’ 2, 2003 that ‘‘we have not yet been able to that goes through and lays out in some de- Tim Russert: ‘‘Aluminum tubes.’’ corroborate the existence of a mobile BW [bi- tail, based on an assessment that was done VP Cheney: ‘‘Specifically aluminum tubes. ological warfare] production effort.’’ He indi- by the Department of Defense and forwarded . . . it is now public that, in fact, he has been cated that the ISG was still trying to deter- to the Senate Intelligence Committee some seeking to acquire, and we have been able to mine ‘‘whether there was a mobile program

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7814 CONGRESSIONAL RECORD — SENATE July 8, 2004 and whether the trailers that have been dis- The PRESIDING OFFICER (Mr. down vote on the merits of the bill. To covered so far were part of such a program.’’ COLEMAN). Without objection, it is so a great extent, the bulk of the tort re- In July, David Kay was interviewed by ordered. form needed in this country will be BBC television for a program that aired in England in late November, and here in the Mr. CHAMBLISS. Mr. President, I handled on the State court level, where United States on January 22, 2004. In re- rise today in support of S. 2062. I am most civil complaints are filed. sponse to a question as to whether he sorry the Senator from Connecticut is That is a very significant point. As a thought it had been premature for the Ad- not in the Chamber. trial lawyer, I remember that I usually ministration to assert in May that the two Mr. REID. Will the Senator yield? wanted to file my cases in State court, trailers were intended to produce biological Mr. CHAMBLISS. Certainly. and they ought to still have that right weapons agents, Kay said ‘‘I think it was Mr. REID. We have had a signoff— to do so. But there are times when it premature and embarrassing.’’ He said ‘‘I people heard me a little earlier today was dictated to you as a lawyer that wish that news hadn’t come out,’’ and con- say we had an objection to having a you had to go to Federal court. It is be- cluded ‘‘I don’t want the mobile biological vote on the cloture motion that the production facilities fiasco of May to be the cause we have had a handful of State model of the future.’’ majority leader has filed. We can now court jurisdictions in the United States On January 28, 2004, Dr. Kay stated in tes- do that. I understand the majority where a grossly disproportionate num- timony before the Senate Armed Services wants that to take place. I ask unani- ber of class action suits are filed, and Committee that ‘‘I think the consensus opin- mous consent that the cloture vote on that is just not right. That is why ion is that when you look at those two trail- the matter now scheduled for tomor- these negotiations were instituted in ers . . . their actual intended use was not for row occur tonight at 6:30. 1996. That is why over the last 8 years the production of biological weapons.’’ Given those assessments, I would appre- The PRESIDING OFFICER. Is there we have been going back and forth with ciate knowing what is the intelligence basis objection? Members on both sides of the aisle for your statements that ‘‘we’re quite con- Without objection, it is so ordered. being involved and have come up with fident [Saddam] did, in fact, have such a The Senator from Georgia. a fair bill that does allow for certain [mobile biological weapons labs] program,’’ Mr. CHAMBLISS. Mr. President, as I exceptions that I am going to talk that the trailers ‘‘we believe were, in fact, was saying, I am sorry the Senator about in just a minute. part of that program,’’ and that those trail- from Connecticut is not in the Cham- People have referred to these juris- ers are ‘‘conclusive evidence’’ that Iraq ‘‘did, ber because I have such great respect dictions where a majority of the class in fact, have programs for weapons of mass for his opinion, particularly his opinion destruction?’’ actions have been filed as magnet I would be pleased to receive that informa- regarding this bill. I know what a keen courts because they draw in class action on an unclassified or classified basis. interest he has in this bill, and when he tion suits with their soft juries and With respect to the second intelligence talks about the fact that we ought to their pro-plaintiff judges. That is just a issue, during your interview with the Rocky delay this for 1 more week because the matter of fact. Under the Class Action Mountain News on January 9, 2004, you rec- majority has set the agenda and the Fairness Act, businesses can break ommended a source of information relative agenda next week calls for matters loose from these magnet State courts to the issue of whether there was a relation- that might not be relevant to this par- ship between al Qaeda and Iraq: ‘‘One place and get a fair trial in a Federal juris- you ought to look is an article that Stephen ticular issue, I simply remind the Sen- diction. Hayes did in the Weekly Standard here a few ator from Connecticut, who is my dear S. 2062 differs from the previous weeks ago, that goes through and lays out in friend, that this bill has not just come versions of the class action bill in sev- some detail, based on an assessment that to the floor. eral ways, and those changes have been was done by the Department of Defense and As a member of the Judiciary Com- negotiated on both sides of the aisle was forwarded to the Senate Intelligence mittee, I was there in April of 2003 over the period not from just last April Committee some weeks ago. That’s your best when this particular bill was voted out or November, but from 1996, over the source of information’’ of the Judiciary Committee. We were That article states that it is based on ‘‘a last 8 years. I am going to focus my re- top secret U.S. government memorandum’’ all here in November of 2003 when we marks on one change I think makes a prepared by the Defense Department, which had a cloture vote on this bill. So this lot of sense, and that is the addition of was purportedly leaked to the Weekly Stand- is not something new that has just a local class action exception. ard. The article then goes on to describe in come about. This bill has been under Under the provisions of S. 2062, class detail and quote extensively from the docu- negotiation actually since the 105th action cases will remain in State court ment it says was leaked. Congress. if the following conditions are met: On October 15, 2003, the Defense Depart- In 1996, the negotiations began on a First, more than two-thirds of class ment had issued a News Release about the article that seems to disagree with what you class action bill. I think to now ask for members have to be citizens of the said. According to the Defense Department, another delay for another week on the forum State. Second, there has to be at ‘‘News reports that the Defense Department cloture vote is just simply not called least one in-State defendant from recently confirmed new information with re- for, and that is the reason we need to whom significant relief is sought by spect to contacts between al Qaeda and Iraq go ahead with the vote tonight. My col- members of the class and whose con- in a letter to the Senate Intelligence Com- leagues are either for class action re- duct forms a significant basis of the mittee are inaccurate.’’ form, they are either for a bill that is plaintiffs’ claims. Third, the principal Furthermore, the DOD news release noted that the ‘‘classified annex’’ sent by the De- a bipartisan bill, or they are against it. injuries resulting from the alleged con- fense Department to the Senate Intelligence It is that simple at this point in the ne- duct or related conduct of each defend- Committee ‘‘was not an analysis of the sub- gotiations. ant have to have been incurred in the stantive issue of the relationship between There was a proposal made by this State where the action was originally Iraq and al Qaeda, and it drew no conclu- side of the aisle to the other side of the filed. Finally, there cannot be any sions.’’ aisle that when this bill came to the other class action cases asserting the I would appreciate if you would advise floor that we allow only germane same or similar factual allegations whether you were quoted accurately. I look forward to your reply. amendments, amendments that are rel- against any of the defendants on behalf Sincerely, evant to the issue of class action, to be of the same or other persons filed in CARL LEVIN, brought to the floor as legitimate the preceding 3 years. Ranking Member. amendments that would be debated and Those are pretty fair and reasonable Mr. LEVIN. Mr. President, I yield the voted on. The other side of the aisle exceptions. You are still going to have floor and suggest the absence of a would not agree to that. So therefore probably most of the class action suits quorum. we have evolved into a different format filed in State court with this exception The PRESIDING OFFICER. The on the floor today. being in place. clerk will call the roll. I do rise in strong support of S. 2062, Under the local class action excep- The legislative clerk proceeded to the Class Action Fairness Act of 2004. tion, a limited group of local class ac- call the roll. It is a product of negotiations between tion cases would be allowed to stay in Mr. CHAMBLISS. Mr. President, I Senators on both sides of the aisle in State court where the facts of the case ask unanimous consent that the order an effort to gain the 60 votes needed to warrant this treatment. Some exam- for the quorum call be rescinded. invoke cloture and proceed to an up-or- ples would be a plant explosion or an

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7815 oil spill, where one or more of the de- about the Pinto case and need to be in- amendment would improve the bill, I fendants are in the same State as the formed when products are dangerous, will be voting for cloture because this catastrophe and a supermajority of the but companies need not be required to bill is more important. plaintiffs are there as well. These are give proprietary information without I firmly believe that the Class Action truly local actions and ought to be having their say. Fairness Act of 2004 is exactly that, treated as such because they do not I have an amendment that would fair to all parties. lend themselves to the egregious forum allow the judge in a particular case to It is narrowly aimed at some of the shopping that lands cases which should rule on whether documents would be most egregious abuses of the class ac- be filed in Federal court in one of these subject to seal. I think the South Caro- tion system. In fact, I have heard from so-called magnet courts around the lina rule is a very reasonable rule. But some folds that the bill does not go far country. whether we get to this, I believe this enough. However, in my opinion, it is a Despite all of the progress we have bill’s time has come, and it is now time reasonable first step in the effort to made in our negotiations on S. 2062, it for the Senate to act. The abuses that control what are clearly abuses of the seems we have some Senators who plan are going on in class action are not system. to offer amendments that would weak- about treating people fairly, they are It is reasonable because I don’t think en this bipartisan legislation or weight about simple greed. These abuses need anyone in the chamber can complain it down with nongermane issues that to be stopped for the betterment of us about judges taking a look at settle- will lead to the bill’s defeat. The pas- all. Claimants and businesses find ments to make sure the class members sage of nongermane amendments to themselves subject to this. are not being victimized further. I this class action reform bill will prob- I urge my colleagues to vote in favor don’t think anyone can complain about ably doom its passage. For this reason, of cloture on S. 2062, the Class Action giving federal judges the power to I will vote against all nongermane Fairness Act of 2004. As a member of block worthless settlements based on amendments, and I plan to vote against the Judiciary Committee, I supported coupons or other gimmicks. any germane amendments that would the bill during committee consider- We have even had some firms sanc- weaken S. 2062 in its present form. ation and I will be voting in favor of tioned for filing cases just to settle In summary, we now have a class ac- cloture and final passage as well. with no damages for the class, but sig- tion bill which is supported by both The need for this bill is pointed out nificant attorneys’ fees for them. We sides of the aisle. Despite the misin- daily by stories of abuse. We hear of at- have had other lawsuits end with the formation that has been spread around, tempts to sue McDonald’s because peo- lead plaintiffs and their lawyers receiv- this bill will actually promote the ple who eat there are getting fat. We ing large sums and other class mem- proper assignment of class action cases hear of lawyers negotiating coupon set- bers receiving nothing, but losing their between State court and Federal court tlements for their clients, while they right to legal action in the future. dockets. I urge my colleagues to vote receive millions of dollars in fees. We When the very people class actions against any amendments that would hear of class members actually losing are supposed to help are being hurt, it weaken or kill S. 2062 and then to vote money on settlements. is time to do something different. in favor of this bill as a first step in re- I am a lawyer and I am not happy This bill is a reasonable step in the storing fairness and balance to our Na- with that state of affairs. I don’t think right direction. While some of my tion’s tort system. anyone is more in favor of a strong friends on the other side of the aisle Mr. President, I yield the floor and legal system than I am. And I define a may not like some provisions, they suggest the absence of a quorum. strong legal system as one where all have to admit that there is a problem The PRESIDING OFFICER. The parties are treated fairly, wrongs are that needs to be addressed. clerk will call the roll. redressed, and justice is afforded equal- In closing, I would just like to urge The assistant legislative clerk pro- ly and without bias. my colleagues to help us move this bill ceeded to call the roll. The Class Action Fairness Bill of 2004 to conclusion. File your amendments, I Mr. GRAHAM of South Carolina. Mr. does not weaken our legal system. It have one myself, but don’t let your per- President, I ask unanimous consent rectifies the current imbalance in some sonal desire to offer your amendment that the order for the quorum call be areas where some parties are not treat- get in the way of this much needed leg- dispensed with. ed fairly; new wrongs are committed, islation. The PRESIDING OFFICER. Without not redressed; and justice is over- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. looked, if not outright disregarded. rise to speak about a case that I think Mr. GRAHAM of South Carolina. Mr. I say to my friends who oppose this perfectly illustrates some of the prob- President, I, like others of my col- bill that, just as it is important to lems produced by our current class ac- leagues, would like to see closure on make sure that victims have an oppor- tion system. This case is, unfortu- this issue. Before I got into politics, I tunity to be heard in our courts, it is nately, not unique. These outrageous was a lawyer. I admire our legal sys- just as important to insure that the de- decisions happen all too frequently. tem. In many ways, people have their fendant is treated fairly. And I don’t The bill currently under consideration chance to be judged by their neighbors. believe anyone can credibly claim that will help fix some of these problems. I am very respectful of the jury trial. that is the case today in many areas of Reproduced on this poster beside me However, in the class action arena of our country. Justice requires that we is an actual settlement check from a the law, I find more abuses than solu- act to remedy that. recently settled class action lawsuit. tions. I don’t believe the Constitution Although I may not believe this bill This check is made payable to a mem- ever envisioned the class action litiga- is perfect, and actually have an amend- ber of my staff who received it in the tion model that we have come up with ment or two of my own, I do not be- mail earlier this year. You will notice where you can create your own false di- lieve we should delay this bill one mo- that on the check’s ‘‘pay to the order versity and you can run everybody to ment longer. My amendment is slightly of’’ line, I have covered the name of my Illinois or Mississippi because business technical, but very simple. staffer so that she may remain anony- is involved. It would merely provide for uniform mous. I believe the removal process in this judicial scrutiny of sealed documents. I I have also obscured the name of the bill where the judge has discretion to have based my amendment on the defendant in this case. Plaintiff’s law- remove cases from State court to Fed- South Carolina district rule for how to yers have soaked them once already. I eral court will correct some abuses. I obtain a protective order for trade se- would hate to see others sue this com- believe the coupon cases were never crets or other proprietary information. pany just because they heard the com- what the law was meant to be about. I haven’t heard from one person in pany settled one class action suit. The legal reforms in this bill I sup- South Carolina who doesn’t like the Along with this settlement check, port. I have an amendment. I hope we way it works. my staffer received a letter, which says can get to it. It would allow a proce- It puts all parties on equal footing in part: dure to be had in terms of pursuing set- and preserves judicial discretion. How- You have been identified as a member of tlement. Consumers need to be told ever, though I firmly believe my the class of . . . customers who are eligible

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7816 CONGRESSIONAL RECORD — SENATE July 8, 2004 for a refund under the terms of a settlement less than $1 for each eligible [plaintiff]. That We have watched an unusual process this agreement reached in a class action lawsuit estimate proved correct. morning. There are a good many of us in a . . . The enclosed check includes any refunds So, you see, even before the settle- bipartisan spirit who are reacting to and I for which you were eligible. ment, it was clear that each plaintiff am one of those who does not appreciate what the majority leader has now just done. Now as you know, Senate staffers are would on average receive less than $1. certainly not the highest paid people in Yet the attorneys still got more than Senator DASCHLE, who has frequently this town. So this woman on my staff $7 million. called for civility and bipartisan action reports she was excited about receiving My colleagues may also be interested on the floor, similarly expressed frus- some unexpected money. to know how much the defendant was tration. I could not agree with them And then she looked at the enclosed forced to spend defending this lawsuit. more. check to see just how big her windfall Knowing the extent of the defend- Senators have a right to have their was. It was a whopping 32 cents. That ant’s defense costs is instructive in legislation be considered by their colleagues. And despite the majority lead- is right, she received a check made out demonstrating how unjust these abu- er’s actions, even Senators in the mi- to her in the amount of 32 cents. sive suits can be. So we asked the de- nority should be allowed to offer I guess it goes without saying that fendant how much it spent defending amendments to the class action legis- she was a bit disappointed in her new- this suit that provided a plaintiff with lation before us. found riches. pennies and her lawyers with millions. Senate CRAIG acknowledged as much But perhaps not surprisingly, the de- Now, don’t misunderstand me. I am when he ‘‘recognized that Senators, un- fendant was not willing to discuss that not suggesting my staffer deserved a less effectively blocked by [the] proce- matter. bigger settlement check. In fact, she dural action that has just occurred, do You see, the defendant told us that if tells me she had no complaint whatso- have the right to offer amendments. it were readily known just how much ever against the defendant. And she Germane or relevant and non-rel- they spent defending these types of never even asked to be part of this law- evant.’’ suit. suits, then that information would al- Yesterday, the senior Senator from Apparently, she just happened to be a most certainly be used against them in Idaho hoped to offer an amendment customer of a defendant who was sued, the future. with wide bipartisan support that This defendant feared that if their and it was determined that she theo- would help protect the security of our defense costs were known, then an- retically could bring a claim against country. He should be allowed to offer other opportunistic plaintiff’s lawyer the defendant, and so she became a this legislation. Similarly, other Mem- member of ‘‘a class’’ that was due a would file another one of these suits. bers of this body should be allowed settlement. And then that lawyer would offer to time for the normal amendment proc- If this doesn’t precisely illustrate the settle for just slightly less than the ess. absurdity of the current class action millions he knew it would cost the de- Time and again, the Republican lead- epidemic in this country, I don’t know fendant to defend the action. ership has accused my colleagues of ob- That perfectly illustrates how plain- what does. structing and refusing to give certain tiff’s lawyers exploit and abuse defend- To demonstrate just how far out of measures an up-or-down vote. Well, ants under the current system. whack the system is, let’s start with this most recent procedural tactic is Can there be any doubt that the cur- the letter notifying my staffer that she the majority leader’s latest attempt at rent class action system is in need of was a member of a class action lawsuit, looking busy with full knowledge that repair? When the lawyers get more and had been awarded a settlement. nothing will be accomplished. than $7 million and a plaintiff gets a This letter and check arrived via the Senator FRIST’s drastic action yes- check for 32 cents, something is ter- U.S. mail. The last I knew, it cost 37 terday has stymied the legislative ribly wrong. When defendants fear dis- cents to mail an envelope. The settle- process and threatened the underlying closing how much they spend fighting ment check is for 32 cents. class actions bill that many of my col- these ridiculous suits because to do so You can probably see where I’m leagues have worked so hard on over would invite more litigation, some- going with this. the past few years. thing is terribly wrong. I am disappointed that the Repub- It cost the defendant in this class ac- Justice is supposed to be distributed tion suit, 37 cents to send a settlement lican leadership has decided that we fairly. This is clearly not a fair way to can afford to waste another week of check worth 32 cents. That sure makes distribute justice. you pause and think about the absurd- floor time when bipartisan measures Let’s try to correct some of the could have been considered and en- ity of our class action system. abuses in class action litigation by Now, I don’t claim to have the eco- acted. passing this legislation. Mr. President, yesterday I received a nomic expertise of some—like my good We are not going to end every 32-cent letter on behalf of 16 environmental friend, the distinguished former Sen- award to plaintiffs and multimillion protection organizations—American ator Gramm of Texas—but I can tell dollar award to attorneys, but surely Rivers, Clean Water Action, Defenders you that forcing a defendant to spend we can curb some of this nonsense. of Wildlife, Earthjustice, Earthworks, 37 cents to send someone a 32-cent Mr. LEAHY. Mr. President, I rise to Environmental Working Group, check doesn’t make much economic express my continued disappointment Friends of the Earth, Greenpeace, sense. And it certainly defies common in the Republican leadership’s ability League of Conservation Voters, Na- sense. to manage the Senate floor effectively. tional Environmental Trust, Natural But let me point out the most dis- As my colleagues are aware, we have Resources Defense Council, Sierra turbing element about this lawsuit. My only a few weeks left in this legislative Club, The Ocean Conservancy, The Wil- staff researched this case and it may session. Instead of negotiating short- derness Society, 20/20 Vision, and the interest my colleagues to know that time agreements on a finite number of U.S. Public Interest Research Group— while the unwitting plaintiff received important amendments, the Repub- in opposition to this class action bill. just 32 cents in compensation from this lican leader has decided that he would These environmental protection ad- class action lawsuit, her attorneys rather slam the door shut for all non- vocates declare that this bill ‘‘is pat- pocketed in excess of $7 million. germane amendments. ently unfair to citizens harmed by All in all, not a bad settlement—if The Republican leader’s actions have toxic spills, contaminated drinking you happen to be a plaintiff’s lawyer frustrated Members on both sides of water, polluted air and other environ- rather than a plaintiff. the aisle who sincerely want to have a mental hazards involved in class action And in case you think this plaintiff productive legislative session. The citi- cases based on state environmental or received an unusually low settlement zens of this country did not elect us to public health laws.’’ in this litigation, let me quote from engage in a staring contest. We should I ask unanimous consent that this the letter accompanying the settle- be using our remaining floor time to letter be printed in the RECORD. ment check: accomplish consensus legislation. There being no objection, the mate- At the time of the settlement, we esti- I note that yesterday the Senior Sen- rial was ordered to be printed in the mated that the average [refund] would be ator from Idaho observed the following: RECORD, as follows:

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JULY 7, 2004. removal jurisdiction of the federal courts, Betsy Loyless, Vice President for Policy ENVIRONMENTAL HARM CASES DO NOT BELONG Congress should include certain limitations and Lobbying, League of Conservation Vot- IN CLASS ACTION BILL and exceptions, including for class actions ers. ‘‘in which plaintiff class members suffered William J. Snape III, Vice President for DEAR SENATOR: Our organizations are opposed to the sweepingly drawn and personal injury or personal property damage Law and Litigation, Defenders Of Wildlife. misleadingly named ‘‘Class Action Fairness within the state, as in the case of a serious Sara Zdeb, Legislative Director, Friends of Act of 2004.’’ This bill is patently unfair to environmental disaster.’’ The Judicial Con- the Earth. citizens harmed by toxic spills, contami- ference’s letter explains that this ‘‘environ- Karen Wayland, Legislative Director, Nat- nated drinking water, polluted air and other mental harm’’ exception should apply ‘‘to all ural Resources Defense Council. Anna Aurilio, Legislative Director, U.S. environmental hazards involved in class ac- individuals who suffered personal injuries or Public Interest Research Group. tion cases based on state environmental or losses to physical property, whether or not Tom Z. Collina, Executive Director, 20/20 public health laws. S. 2062 would allow cor- they were citizens of the state in question.’’ We agree with the Judicial Conference— Vision. porate defendants in many pollution class cases involving environmental harm are not S. Elizabeth Birnbaum, Director of Govern- actions and ‘‘mass tort’’ environmental cases even close to the type of cases that pro- ment Affairs, American Rivers. to remove these kinds of state environ- ponents of S. 2062 cite when they call for re- Kert Davies, Research Director, mental matters from state court to federal forms to the class action system. Including Greenpeace US. court, placing the cases in a forum that such cases in the bill does no more than ben- Kevin S. Curtis, Vice President, National could be more costly, less timely, and disad- efit polluters in state environmental class Environmental Trust. vantageous to your constituents harmed by actions at the expense of injured parties in Stephen D’Esposito, President, toxic pollution. State law environmental those cases for no reason other than to ben- Earthworks. harm cases do not belong in this legislation efit the polluters. No rationale has been of- Linda Lance, Vice President for Public and we urge you to exclude such pollution fered by the bill’s supporters for including Policy, The Wilderness Society. cases from the class action bill. environmental cases in S. 2062’s provisions. Joan Mulhern, Senior Legislative Counsel, Class actions protect the public’s health We are unaware of any examples offered by Earthjustice. and the environment by allowing people with bill supporters of environmental harm cases Julia Hathaway, Legislative Director, The similar injuries to join together for more ef- that represent alleged abuses of the state Ocean Conservancy. ficient and cost-effective adjudication of class actions. Paul Schwartz, National Campaigns Direc- their cases. All too often, hazardous spills, More proof of the overreaching of this bill tor, Clean Water Action. water pollution, or other toxic contamina- is that the so-called ‘‘Class Action Fairness Mr. JEFFORDS. Mr. President, I rise tion from one source affects large numbers of Act’’ is not even limited to class action people, not all of whom may be citizens of today to express my extreme dis- cases. The bill contains a provision that appointment over the procedural bind the same state or may be from the same would allow defendants to remove to federal state as the defendants who caused the court all environmental ‘‘mass action’’ cases the Senate is in on the class action re- harm. In such cases, a class action lawsuit in involving more than 100 people—even though form bill. state court based on state common law doc- these cases are not even filed as class ac- Last October I was one of the 59 Sen- trines of negligence or nuisance, or upon tions. The S. 2062 contains a narrow excep- ators who voted to allow the Senate to rights and duties created by state statutes in tion to the ‘‘mass action’’ removal rule if the proceed to the Class Action Fairness the state where the injuries occur, is often injury to the plaintiffs is caused by a ‘‘sud- Act because I believed that it was an the best way of fairly resolving these claims. den, single accident,’’ but has no exception For example, thousands of families around issue that should be considered and de- for injuries caused by toxic exposure that oc- bated in the Senate. I still believe that the country are now suffering because of curs over days, months, or years, as fre- widespread groundwater contamination quently happens in environmental harm this is an appropriate matter to be con- caused by the gasoline additive MTBE, which cases. sidered in the Senate, and was looking the U.S. Government considers a potential For example, the bill would apply to cases forward to a constructive debate on the human carcinogen. According to a May, 2002 similar to the recently concluded state court legislation this week. GAO report, 35 states reported that they find trial in Anniston, Alabama, where a jury In meetings with both supporters and MTBE in groundwater at least 20 percent of awarded damages to be paid by Monsanto opponents of the legislation I have con- the time they sample for it, and 24 states and Solutia for injuring more than 3,500 peo- said that they find it at least 60 percent of tinually stressed that there needs to be ple the jury found were exposed—with the a fair and open debate on the matter. the time. Some communities and individuals companies’ knowledge—to cancer-causing have brought or soon will bring suits to re- PCBs over many years. Documents uncov- To me, this means that Senators must cover damages from MTBE contamination ered in the case showed that Monsanto kept be allowed to offer amendments to the and hold the polluters accountable, but the public in the dark for decades regarding bill. Unfortunately, even before the de- under this bill, MTBE class actions or ‘‘mass what the company knew about PCBs, so the bate had even really begun, the major- actions’’ based on state law could be re- ‘‘sudden, single incident’’ exception would ity leader came to the floor and cre- moved by the oil and gas companies to fed- not apply in large measure because of the ated a procedural situation where no eral court in many of these cases. companies’ own bad behavior. There is little This could not only make these cases more Senator would be allowed to offer an doubt in the Anniston case that, had S. 2062 amendment, on class action reform or expensive, more time-consuming and more been law, the defendants would have tried to difficult for injured parties, but could also remove the case from the state court serving any other issue. result in legitimate cases getting dismissed the community that suffered this dev- It is regrettable that this path was by federal judges who are unfamiliar with or astating harm. It is, at best, unjustified to chosen for consideration of this legisla- less respectful of state law claims. For exam- reward this kind of reckless corporate mis- tion. I find this to be especially true ple, in at least one federal court MTBE class behavior by giving defendants in such cases when the minority leader has offered to action, a federal court dismissed the case the right to remove state law cases to fed- based on oil companies’ claim that the ac- limit the number of amendments to the eral court over the objections of those they legislation, even though he opposes the tion was barred by the federal Clean Air Act have injured. (even though that law contains no tort li- The so-called ‘‘Class Action Fairness Act’’ bill. If the Republican leadership had ability waiver for MTBE). Yet a California would allow corporate polluters who harm accepted this offer we could have been state court rejected a similar federal pre- the public’s health and welfare to exploit the working on substance rather than dis- emption argument and let the case go to a forum of federal court whenever they per- cussing procedure for the last few days. jury, which found oil refineries, fuel dis- ceive an advantage to doing so. It is nothing As this debate has not been free or tributors, and others liable for damages. more than an attempt to take legitimate fair, in fact no amendments have been These cases highlight how a state court may state court claims by injured parties out of be more willing to uphold legitimate state considered, debated and voted upon, I state court at the whim of those who have cannot at this time support limiting law claims. Other examples of state law committed the injury. cases that would be weakened by this bill in- Cases involving environmental harm and debate on the Class Action Fairness clude lead contamination cases, mercury injury to the public from toxic exposure Act. I am hopeful that the majority contamination, perchlorate pollution and should not be subject to the bill’s provisions; will reconsider its rejection of the mi- other ‘‘toxic torts’’ cases. if these environmental harm cases are not nority leader’s offer to proceed on this In a letter to the Senate last year, the U.S. excluded, we strongly urge you to vote legislation with limited amendments Judicial Conference expressed their contin- against S. 2062. and that we can then begin to actually ued opposition to such broadly written class Sincerely, action removal legislation. Notably, their Ken Cook, Executive Director, Environ- debate the legislation. letter states that, even if Congress deter- mental Working Group. I suggest the absence of a quorum. mines that some ‘‘significant multi-state Ed Hopkins, Director, Environmental The PRESIDING OFFICER. The class actions’’ should be brought within the Quality Programs, Sierra Club. clerk will call the roll.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7818 CONGRESSIONAL RECORD — SENATE July 8, 2004 The assistant legislative clerk pro- We heard the stories of how the Sen- they want when it is hurting the Sen- ceeded to call the roll. ate must work its will, and how the ate, is not shooting straight. The fact Mr. HATCH. Mr. President, I ask hallmark of this institution’s proce- is, they can bring up any amendments unanimous consent that the order for dures cannot be compromised; that we they want. They just have to get the the quorum call be dispensed with. must take on more extraneous amend- votes to win. Maybe they will The PRESIDING OFFICER. Without ments that have absolutely nothing to postcloture. I don’t know. objection, it is so ordered. do with the business at hand. But what But in all honesty, we all know the Mr. HATCH. Mr. President, I would these colleagues know very well is that game. It is either we are going to get like to be standing here today to de- the more amendments this bill takes cloture and people are going to live up bate the merits of why we should be on, the less likely it will become law. to their commitment or not, and bipar- voting for cloture on this bill. But We have a bipartisan deal on class ac- tisanship is even hurt more than it has since we all know how this vote will tion reform that now stands on the been up until now. It has been in sham- turn out, I just want to congratulate in verge of collapse—a broken deal that bles as far as I can see almost all year advance some of my colleagues on the will forever stain the honor of this hal- long. This has been one of the worst other side of the aisle for killing yet lowed institution the minute the sup- years in my Senate career because of another civil justice reform measure porters of this bill cast a no vote on the lack of partisanship, the lack of this Congress. cloture. In a court of law, we would comity that normally exists in this The constituents that they serve— call it a breach of contract, but in the body in the desire to make everything the powerful and well financed plain- Senate we are not governed by common political and the effectiveness of mak- tiffs bar—owe them a deep debt of grat- law principles when we legislate. Rath- ing everything political as well. itude for not only killing class action er, we are governed by honor and credi- This is one bill that does not deserve reform but also derailing the asbestos bility—attributes that will lose stock that kind of unfair treatment, espe- trust fund bill, the medical mal- the minute this bill fails. cially since we compromised last year practice reform bill, and gun liability Let me just finish by saying that a and took amendments we would not reform bill, to name a few. Their truly vote against cloture means that you have taken and changed the bill we special interest constituent has sur- are not committed to class action re- would not have changed, all for the vived yet another year devoid of tort form. Let us not dance around the purpose of getting enough votes to vote reform, and as a result, will continue issue any further, and just call a spade for cloture. And now we are here again raking in millions of dollars in cash to a spade. this year—another year, 6 years in a help finance the Democratic party in A vote against cloture means that row—whereby the same people who the coming months. I am hoping the 62 people who com- you care more about helping certain said they were for this bill and talked mitted to vote for cloture last Novem- unscrupulous plaintiffs’ lawyers rather us into all these amendments on the ber will vote for it. We can even lose than every day consumers like Martha basis that they would vote for cloture two of them as long as we have 60 to Preston, Irene Taylor and Hilda may not. I personally hope they will. If vote for cloture. If we have 60, then I Bankston. These are the real victims they will, it will do more for comity in will feel a lot better than I do in giving whose horror stories will fall on deaf this body, more for bipartisanship than these remarks. ears. we have seen all year. It would be a ray But unlike the caution chorus that And a vote against cloture means of hope to everybody in this body that they rolled out to kill the asbestos bill, that a deal will never be a deal unless maybe there is a chance of us getting the tactics used by my Democratic col- strings are attached. That true biparti- together on things that are important, leagues to defeat class action reform sanship will always come at a price to the things that are right, things that have been disappointing at best, and be disclosed later. we promised, things that will benefit downright disingenuous, at worst. We I have been here 28 years. I have the business community, things that tried to proceed on this bill last year never seen, when we finally put a deal will correct the ills which literally and were led to believe that we would together, people who have not been have been wrecking this institution command enough votes to overcome a willing to live up to their commitment. and hurting our country immeasurably Democratic filibuster. Indeed, before Everybody knew back in November of and will put the screws to these juris- the cloture vote, we had certain mem- last year that we needed one more vote dictions, these magnet jurisdictions, bers declare their support publicly for to get cloture. We compromised. We ac- that do not seem to care about the law the bill. But when the moment of truth cepted amendments which we probably or anything else. came, there was at least one member wouldn’t have accepted because we CLOTURE MOTION from the other side who voted against had—we had 59 who would have voted The PRESIDING OFFICER. The proceeding on the bill despite state- for the bill as it was—to get those clerk will report the cloture motion. ments to the contrary. And what hap- extra votes. Now there is some indica- The legislative clerk read as follows: tion that those three votes will not be pened? We fell one vote shy of invoking CLOTURE MOTION there, and we will probably lose on clo- cloture. We the undersigned Senators, in accord- After the vote, we had three addi- ture again. I am hoping that is not ance with the provisions of Rule XXII of the tional Democratic members come to us true. I am hoping all three votes will Standing Rules of the Senate, do hereby just days before our Thanksgiving re- be there, or at least one that will be move to bring to a close debate on Calendar cess eager to strike a deal on class ac- there so that we can invoke cloture No. 430, S. 2062, a bill to amend the proce- tion reform. So we listened, and we ne- and proceed on this bill. If we can’t, dures that apply to consideration of inter- gotiated, and then we compromised. then I have to say this is one of the few state class actions to assure fairer outcomes And at the end of the day, we reached times that I have seen where commit- for class members and defendants, and for ments are made that have not been other purposes: an agreement on a more modest Bill Frist, Orrin Hatch, Charles Grassley, version of the class action bill. But the honored that should have been hon- Peter Fitzgerald, Craig Thomas, Mitch honeymoon certainly did not last long ored, and it is a disgrace to this insti- McConnell, Ted Stevens, Robert F. as the supporters of the measure start- tution, in my humble opinion. Bennett, Jim Talent, George Allen, Jon ed demanding extraneous labor-ori- Keep in mind that if we invoke clo- Kyl, Rick Santorum, Jeff Sessions, ented amendments that included a ture, that doesn’t mean those who Pete Domenici, Susan Collins, Lamar measure to raise the minimum wage; a want to bring up extraneous, non- Alexander, John Cornyn. measure to extend unemployment in- germane amendments or nonrelevant The PRESIDING OFFICER. By unan- surance; and a measure to overturn the amendments can’t do it. They can imous consent, the quorum call has administration’s overtime regulations. bring them up after cloture, but they been waived. We gave them votes on two of the are going to have to get a super- The question is, Is it the sense of the three and then offered yesterday to majority vote to win. That doesn’t Senate that debate on S. 2062, a bill to give them a vote on the third. But of foreclose them. amend the procedures that apply to course, we all know that three was not Anybody who argues that they ought consideration of interstate class ac- enough. to be able to bring up any amendments tions to assure fairer outcomes for

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7819 class members and defendants, and for TRIBUTE TO HENRY COUZENS America entered into the North other purposes, shall be brought to a Mr. MCCONNELL. Mr. President, I American Free Trade Agreement, close? wish today to pay tribute to Henry NAFTA, in 1993, and the Uruguay The yeas and nays are required under Couzens, a genuine World War II hero Round Agreements, the WTO, in 1994. the rule. and survivor. Mr. Couzens performed In the years following those major The clerk will call the roll. extraordinary acts of courage during trade agreements, America experienced The assistant legislative clerk called some of world history’s most difficult one of its strongest economic expan- the roll. and tumultuous times. sions. Mr. MCCONNELL. I announce that The day after his 18th birthday in Yes, balancing the budget and fund- the Senator from Colorado (Mr. CAMP- 1942, Mr. Couzens applied for the Avia- ing education also had something to do BELL), the Senator from Nevada (Mr. tion Cadets, and after passing all re- with it. But trade helped. ENSIGN), the Senator from Wyoming quirements was accepted into the Air America experienced 8 years of eco- (Mr. ENZI), the Senator from Illinois Corp Training School. A year later, Mr. nomic growth. The American economy (Mr. FITZGERALD), the Senator from Couzens graduated as a pilot and was created more than 20 million new jobs. Nebraska (Mr. HAGEL), and the Senator commissioned as a second lieutenant to The average household’s real income from Pennsylvania (Mr. SANTORUM) are fly P–47 fighter planes. In early 1944, rose 15 percent. Americans’ standard of necessarily absent. Mr. Couzens arrived in England to fight living improved. Mr. REID. I announce that the Sen- on the front lines in the European The- Put the other way around: The oppo- ator from Delaware (Mr. BIDEN), the atre alongside the 8th Infantry and nents of free trade have a difficult job Senator from California (Mrs. BOXER), 356th Fighter Group. His unit’s assign- to explain how those major trade the Senator from West Virginia (Mr. ment was to control an area along the agreements hurt the American econ- BYRD), the Senator from New York English Channel. Their purpose was to omy in the 1990s. (Mrs. CLINTON), the Senator from North escort and protect B–17s and B–24s on I am a proud advocate of trade. I am Carolina (Mr. EDWARDS), the Senator bombing missions to Germany and an advocate of stronger economic from Massachusetts (Mr. KERRY), and other occupied countries. growth and higher incomes. I want a the Senator from Maryland (Ms. MI- On April 23, 1944, Mr. Couzens was as- better standard of living for Ameri- KULSKI) are necessarily absent. signed to destroy German airplanes on cans. The yeas and nays resulted—yeas 44, the ground. His target that day was the So how can we achieve freer trade? nays 43, as follows: airfield at Haguenau, France. On his How do we lower barriers to trade? [Rollcall Vote No. 154 Leg.] third pass over the airfield, he was hit That brings us to a discussion of trade YEAS—44 by German anti-aircraft fire. The hit procedures. was so substantial it stopped the en- The Senate considers trade agree- Alexander DeWine Murkowski ments under somewhat unique proce- Allard Dole Nelson (NE) gine of his plane, forcing him to ‘‘Belly Allen Domenici Nickles in.’’ While he was fortunate enough to dures. These special procedures go by Bennett Frist Roberts land alive, the group commander and several names: fast-track, trade negoti- Bond Graham (SC) Sessions ating authority, or trade promotion Brownback Grassley another pilot were shot down. For a lit- Smith authority. Bunning Gregg Snowe tle over a year, Mr. Couzens was a pris- Burns Hatch Specter oner of the Germans at the famous Sta- Under these procedures, legislation Chafee Hutchison Stevens to implement a trade agreement gets Chambliss Inhofe lag Luft III Camp. He endured one of Sununu an up-or-down vote within a limited Cochran Kyl the coldest winters in decades and fi- Talent Coleman Lott nally saw freedom when they were lib- time. Debate is limited to 20 hours. No Collins Lugar Thomas amendments. No filibusters. Voinovich erated on April 29, 1945, and became Cornyn McConnell The Senate is about to consider legis- Crapo Miller Warner part of General Patton’s Third Army. Thank you, Mr. Couzens for defend- lation under these procedures to imple- NAYS—43 ing freedom and democracy. The ment the United States-Australia Free Akaka Feingold Lincoln heroics you and your comrades dis- Trade Agreement. We may also soon Baucus Feinstein McCain played will forever be remembered; you consider legislation under these proce- Bayh Graham (FL) Murray dures to implement the United States- Bingaman Harkin Nelson (FL) truly are the Greatest Generation. Morocco Free Trade Agreement. Breaux Hollings Pryor f Cantwell Inouye Reed Two other agreements with six Cen- Carper Jeffords Reid TRADE AGREEMENTS tral American countries and Bahrain Conrad Johnson Rockefeller Corzine Kennedy Mr. BAUCUS. Mr. President, I rise to are signed and ready for us to consider Sarbanes Craig Kohl whenever the administration chooses Schumer address the value of free trade, and of Daschle Landrieu Shelby the process by which we get it. to move them. Dayton Lautenberg Dodd Leahy Stabenow From ancient times, people have With so much trade activity, it is a Dorgan Levin Wyden learned that trade among nations good time to review the applicable pro- Durbin Lieberman means more economic growth and cedures. NOT VOTING—13 higher incomes. People have better It all begins with the Constitution. Article I, section 8, clause 3 says that: Biden Edwards Kerry standards of living, thanks to trade. Boxer Ensign Mikulski Free trade allows each nation to de- ‘‘The Congress shall have the power Byrd Enzi Santorum vote more resources and energy to . . . to regulate Commerce with foreign Campbell Fitzgerald those things for which it has a com- Nations.’’ Since the founding of our Clinton Hagel parative advantage. Partners to free Country, it is, and has always been, The PRESIDING OFFICER. On this trade thereby get goods and services at Congress that holds primary responsi- vote, the yeas are 44, the nays are 43. lower cost than they would in isola- bility for trade. Three-fifths of the Senators duly cho- tion. Now, 535 Members of Congress cannot sen and sworn not having voted in the Conversely, protectionism stunts negotiate trade agreements. The logis- affirmative, the motion is rejected. growth and reduces income. Tariffs are tics are unimaginable. So our prede- f taxes. And like other taxes, they can cessors figured out fairly early that the impede the efficient allocation of re- actual negotiating would have to be MORNING BUSINESS sources. Where nations impose quotas delegated to the executive branch. Mr. MCCONNELL. Mr. President, I and tariffs, goods and services cost But that does not mean that Con- ask unanimous consent that there be a more. People live less well than they gress has delegated its Constitutional period of morning business with Sen- would with free trade. responsibilities. To the contrary, under ators permitted to speak for up to 10 But you don’t have to take my word United States law no trade agreement minutes each. for it. Look at the record. Take Amer- is self-executing. It has no effect on do- The PRESIDING OFFICER. Without ica’s two biggest recent trade agree- mestic law until Congress passes im- objection, it is so ordered. ments. plementing legislation.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7820 CONGRESSIONAL RECORD — SENATE July 8, 2004 A system where one branch of gov- gress cannot later amend the agree- considered the United States-Israel ernment negotiates trade agreements ment or kill it with a filibuster. Free Trade Agreement in 1984, com- and another must accept them and But, most importantly, fast-track mittee members offered 13 amend- turn them into domestic law presents preserves Congress’s Constitutional ments, and the Committee adopted 3. challenges. primacy on trade. No agreement gets In 1988, when the committee considered The system worked well enough in implemented unless a majority of Con- the Canada-United States Free Trade the early days of the General Agree- gress approves. Agreement, members offered 9 amendment on Tariffs and Trade. Back then, Fast-track procedures require close ments, all of which were adopted. When the executive branch was negotiating collaboration between the Executive the Finance Committee considered agreements to reduce tariffs. Congress and Congress at every stage. The Presi- draft implementing legislation for the would delegate authority to the Presi- dent must notify committees of juris- North American Free Trade Agreement dent to agree to cuts within a specific diction and consult with them before a in 1993, members offered at least 15 range. All the President had to do was negotiation begins and regularly amendments, of which 14 were adopted. proclaim those changes once agreed to. throughout the negotiations. Once There were more than 30 differences be- In the 1960s, however, the United talks are complete, the President must tween the Senate and House versions of States and its trading partners in the notify Congress 90 days before signing the bill at the end of the mock mark- GATT began to expand the scope of the agreement, to permit Congress ups. trade negotiations to non-tariff meas- time to review the terms of the deal. By contrast, no amendments were of- ures. Without any advance authoriza- Once the agreement is signed, the fered last year when the committee tion from Congress, the administration President must submit it to Congress, considered the Singapore and Chile im- negotiated several deals on non-tariff along with a draft implementing bill, plementing bills. That was unusual. measures in the GATT’s Kennedy for approval. Congress has no more In each of these cases, consideration Round. than 90 days in which the Congress is of amendments was followed by a com- It brought those agreements back to in session to act. And amendments are mittee vote to approve the draft bill, as Congress. Congress rejected the agree- not in order. amended. ments, refusing to implement them But the time when close coordination into domestic law. This embarrassed between the Executive and Congress is In every case except Singapore and the administration. And it frustrated most critical is the period between Chile, amendments added in the mock our trading partners. They learned when the agreement is signed and when markup led to differences between the that negotiating with the executive the President submits the agreement versions of the draft bill approved by branch is not enough. The final word to Congress. the Finance Committee and the bill ap- lies with Congress. This is the time when the adminis- proved by the Ways and Means Com- Our trading partners became wary. tration and the trade committees sit mittee. They didn’t want to devote years of ef- down together to craft an imple- Consistent with normal legislative fort to another round of trade negotia- menting bill. The law requires the Ex- practice, the two committees resolved tions in the GATT if American nego- ecutive to consult with the committees these differences in an informal or tiators could not keep the promises of jurisdiction. But because the details ‘‘mock’’ conference. Each House ap- they made. The executive branch want- of this consultative process are not pointed conferees to participate. ed advance authorization from Con- spelled out by law, some call this stage To begin the conference process, staff gress to negotiate non-tariff trade the ‘‘informal process’’ or the ‘‘mock from both parties and both Houses agreements. process.’’ jointly prepared a document identi- The administration proposed treating No one should be fooled by these ti- fying all the differences between the tariff and non-tariff agreements the tles. This cooperative drafting ven- two versions of the draft bill. Where same. The executive branch said: Con- ture—while not spelled out in the law— agreement was possible, staff rec- gress should simply authorize the is the centerpiece of the fast-track ommended a resolution. President in advance to negotiate and process. Typically, the House and Senate ex- implement the deals that the President It is at this stage—before the imple- changed offers on more difficult issues, makes. menting bill becomes unamendable— which were then resolved at the Mem- The Finance Committee resisted. that the trade committees can weigh in ber level. In each case, Members and Yes, tariff deals are easy to approve in and bring their own ideas to the table. staff were able to resolve all or vir- advance. All Congress has to do for a Congress and the President first used tually all conflicts. Both committees tariff deal is to tell the Executive how the procedures adopted in the Trade could then recommend identical draft low the negotiators can go. Act of 1974 to implement the GATT bills to the administration for formal But non-tariff deals are more com- Tokyo Round agreements in 1979. The submission. plicated. They can cover things like Government has since used these pro- This time-tested process really Customs rules, trade remedies, food cedures to implement the WTO Uru- works. It allows Congress to exercise safety rules, and intellectual property guay Round Agreements, as well as its Constitutional prerogatives in full, rights. It would be too difficult for free trade agreements with Israel, Can- while still guaranteeing the President Congress to approve parameters for ada, Mexico, Singapore, and Chile. these kinds of agreements in advance. From the beginning, the Finance and our trading partners a timely vote Congress would want to see the details Committee has strived to make the in- on trade agreements. before deciding to approve and imple- formal process operate as much as pos- Although these informal procedures ment these deals. sible like the normal legislative proc- are not statutory, they were certainly Congress and the President reached a ess. on my mind when I worked to secure a compromise and enacted it in the For that reason, the Finance Com- renewal of the President’s trade negoti- Trade Act of 1974. That Act created the mittee always holds a mock markup of ating authority in the Trade Act of so-called ‘‘fast-track’’ process. the draft implementing bill. Like any 2002. I firmly believe that Congress Fast-track has something for every- markup, this event is open to the pub- should continue to insist on a meaning- one. It gives the Executive express au- lic. And Members are free to offer ful and robust informal process. thority to negotiate tariff and non-tar- amendments to the draft bill that has One of the keys to a meaningful in- iff agreements, so long as our trade been developed by the administration formal process is time. In the case of representatives meet general negoti- and committee staff. the U.S.-Canada Free Trade Agree- ating objectives set out by Congress. The committee holds a recorded vote ment, the informal process took 7 And it guarantees our trade partners on each amendment offered. It then months. That is how much time that any agreement will receive an up- votes on whether to approve the draft elapsed between when the U.S. signed or-down vote by a date certain. That bill, as amended, in a recorded vote. the agreement and when the President way, when they negotiate with the Amendments are common events at formally submitted the implementing United States, they know that Con- mock markups. When the Committee bill to Congress. During that time, the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7821 Finance Committee held hearings, con- always be as easy in future as our re- The family was fleeing from Mr. ducted several weeks of informal draft- cent experience with Singapore and Yamada’s alcoholic father, who had ing, and held four mock markup ses- Chile. been physically abusive to his mother, sions. The informal conference alone Second, timing should always be the children and even his own parents. included 3 days of Member-level meet- Member-driven. Members should have Since the, he has had no contact with ings and took close to 2 months to the time that they need to review the his father and is unsure if he is even complete. relevant materials and participate in alive. Tragically, Mr. Yamada experi- The informal process for NAFTA the informal process. We should never enced further hardship when his moth- lasted a full year. It included five hear- cut that time short just to meet artifi- er was killed in a car crash in 1995. Or- ings in the Finance Committee as well cial deadlines. phaned at the age of 13, Mr. Yamada as hearings in five other committees. When we shortchange the process, we spent time living with his aunt before The Finance Committee staff worked shortchange the Constitution. When we moving to Chula Vista to live with a with the administration for months on start cutting corners on process, we close friend of his late mother. legislative drafting. The Finance Com- begin to abdicate Congress’s constitu- The death of his mother marked mittee’s markup involved 3 sessions tional role in making trade law. more than a personal tragedy for over 2 weeks, followed by a conference. A good agreement is no excuse for Shigeru Yamada; it also served to im- The informal process for the Uruguay bad process. A good agreement is no ex- pede the process for him to legalize his Round Agreements Act took about 9 cuse for Congress to surrender its Con- status here. At the time of her death, months. stitutional role. The ends do not jus- Mr. Yamada’s family was living legally The Singapore and Chile FTAs took tify the means. in the United States. His mother had less time. That makes sense. The Let us work together to advance the acquired a student visa for herself and agreements required many fewer process of free trade. Let us ensure a her children qualified as her depend- changes to U.S. law than those that fair process for reaching our trade ents. Her death revoked his legal sta- came before. agreements, and thereby make future tus in the United States. Tragically, Mr. Yamada’s mother was engaged to After walking through the draft bills trade agreements easier to achieve. an American citizen at the time of her in detail with the administration, with And by advancing those agreements, death. Had she survived, her son would Committee staff, and with legislative let us work together to earn those ben- likely have become an American cit- counsel, Members were satisfied. They efits of free trade of greater economic izen through this marriage. chose not to offer any amendments at growth and higher standards of living Mr. Yamada has exhausted his op- the mock markups. No conference was for generations of Americans yet to tions under our current immigration necessary. come. system of the United States. Through- Affording sufficient time to the proc- f out high school, he contacted attor- ess pays off. After the President for- neys in the hopes of becoming a cit- mally submits an implementing bill, LOCAL LAW ENFORCEMENT ACT OF 2003 izen. Unfortunately, time has run out the fast-track procedures allow Con- and, for Mr. Yamada, the only option gress up to 90 days to complete action. Mr. SMITH. Mr. President, I rise available to him today is private relief That is 90 days on which Congress is in today to speak about the need for hate legislation. session not calendar days. crimes legislation. On May 1, 2003, Sen- For several reasons, it would be trag- But nowhere near that much time ator KENNEDY and I introduced the ic for Mr. Yamada to be removed from has ever been used. The formal process Local Law Enforcement Enhancement the United States and sent to Japan. took 56 calendar days for the U.S.-Can- Act, a bill that would add new cat- First, since arriving in the United ada Agreement—including the August egories to current hate crimes law, States, Mr. Yamada has lived as a recess. NAFTA, Singapore, and Chile sending a signal that violence of any model American. He graduated with took a mere 16 days each. kind is unacceptable in our society. honors form Eastlake High School in What lesson can we learn from all On November 20, 1995, a young 2000, where he excelled in both aca- this experience? Process matters. transsexual woman named Chanelle demics and athletics. Academically, Congress needs to be engaged Picket was beaten severely and then Mr. Yamada earned a number of awards throughout the negotiations. The trade strangled to death after leaving a gay including being named an ‘‘Out- committees need to play an active role bar in downtown Boston. standing English Student’’ his fresh- in drafting implementing legislation. I believe that Government’s first man year, an All-American Scholar, Committee members need to have duty is to defend its citizens, to defend and earning the United States National enough time to give meaningful consid- them against the harms that come out Minority Leadership Award. His teach- eration to amendments and to resolve of hate. The Local Law Enforcement er and coach, Mr. John Inumerable, de- any differences between the Houses be- Enhancement Act is a symbol that can scribes him as being ‘‘responsible, hard fore the Government completes an im- become substance. I believe that by working, organized, honest, caring and plementing bill. When that happens, passing this legislation and changing very dependable.’’ His role as the vice the formal fast-track process goes current law, we can change hearts and president of the Associated Student quite smoothly. minds as well. Body his senior year is an indication of What does this mean for the future? Mrs. FEINSTEIN. Mr. President, I Mr. Yamada’s high level of leadership, First, we should not get overconfident. offer into the RECORD my statement of as well as, his popularity and trust- Just because the process works support of S. 2548, private relief legisla- worthiness among his peers. As an ath- smoothly and quickly for some agree- tion to provide lawful permanent resi- lete, Mr. Yamada was named the ‘‘Most ments, like Singapore and Chile, dence status to Shigeru Yamada, a 22- Inspirational Player of the Year’’ in doesn’t mean we can start skipping year-old Japanese national who lives in junior varsity baseball and football, as steps. In fact, with a vote on whether Chula Vista, CA. well as, varsity football. His football to extend the President’s trade pro- I have decided to offer private relief coach, Mr. Jose Mendoza, expressed his motion authority for an additional 2 legislation on his behalf because I be- admiration by saying that he has ‘‘seen years possible next summer, now is no lieve that Shigeru Yamada represents a in Shigeru Yamada the responsibility, time to get sloppy. model American citizen for whom re- dedication and loyalty that the aver- More complex agreements may be moval from this country would rep- age American holds to be virtuous.’’ ahead. CAFTA involves six countries resent an unfair hardship. Without this Second, Mr. Yamada has distin- and could raise controversial new legislation, Mr. Yamada will be forced guished himself as a local volunteer. As issues. Any agreements that come out to return to a country in which he a member of the Eastlake High School of the WTO Doha Round or the FTAA lacks any linguistic, cultural or family Link Crew, Mr. Yamada helped fresh- talks could require extensive new im- ties. men find their way around campus, of- plementing legislation. In sum, we Mr. Yamada legally entered the fered tutoring and mentoring services, would be foolish to assume the process United States with his mother and two and set an example of how to be a suc- of developing implementing bills will sisters in 1992 at the young age of 10. cessful member of the student body.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7822 CONGRESSIONAL RECORD — SENATE July 8, 2004 Since graduating from high school, he nent status so that he can continue to- Through my personal experiences as a has volunteered his time as the coach wards his bright future. squad leader in the United States Army (In- of the Eastlake High School girl’s soft- I ask unanimous consent three let- fantry) and Department Head at Home ball team. The head coach, Mr. Charles ters of recommendation be printed in Depot. I have seen in Shigeru Yamada the responsibility, dedication and loyalty that the Sorge, describes him as an individual the RECORD. average American holds to be virtuous. full of ‘‘integrity’’ who understands There being no objection, the mate- So with great appreciation please endorse that as a coach it is important to work rial was ordered to be printed in the a Bill, so that Shigeru Yamada can stay in as a ‘‘team player.’’ His level of com- RECORD, as follows: the United States and become a patriotic citizen. mitment to the team was further illus- EASTLAKE HIGH SCHOOL, trated to Mr. Sorge when he discov- Chula Vista, CA, May 21, 2004. Sincerely, JOSE MENDOZA, ered, halfway through the season, that Hon. DIANNE FEINSTEIN, Instructional Aide. Mr. Yamada’s commute to and from U.S. Senator. I am writing to bring to your attention the practice was 2 hours long each way. It EASTLAKE HIGH SCHOOL, need to support a fine young man, Shigeru takes an individual with character to Chula Vista, CA. Yamada. I am a teacher and coach at East- To Whom It May Concern: volunteer his time to coach and never lake High School; I have known Shigeru for bring up the issue of how long his com- I would like to write this letter of rec- 8 years, both as a student and as a volunteer ommendation on behalf of Shigeru Yamada mute takes him each day. Mr. Sorge coach during the last 5 years. What has sin- hopes that, once Mr. Yamada legalizes for his outstanding contributions to East- gularly impressed me about this young man lake High School and the Eastlake Commu- his status, he can be formally hired to is that he has created himself and never nity. I have been closely tied to Shigeru for continue coaching the team. complained about his life’s struggles. His approximately 2 years as teacher, coach, and Third, sending Mr. Yamada back to mother died when he was young. He got lit- as a friend. Throughout his years at East- Japan would be an immense hardship tle support from his aunt—materially, emo- lake High School, Shigeru has participated for him and his family. Mr. Yamada tionally, spiritually. Yet all the while you successfully in many extra-curricular activi- would not have known that. He set goals for ties and has earned the respect and admira- does not speak Japanese. He is unaware himself academically and athletically; mod- of the nation’s current cultural trends. tion from staff members, fellow students and eled himself on good ideals of community the surrounding community. Shigeru has de- And, he has no immediate family mem- service and service to his school. He was veloped into an outstanding performer in bers that he knows of in Japan. Cur- vice-president of the Associated Student Eastlake’s football, wrestling and baseball rently, both of his sisters are in the Body at Eastlake High and would have pur- programs. He is strongly admired for his process of gaining American citizen- sued an academic future at UCLA were it not sportsmanship, work ethic and most of all ship. His older sister has married a for his citizenship status. Instead, he did his natural ability as a team leader. For his United States citizen and his younger what he could do and has gone to community efforts, Shigeru was recognized for athletic college in an effort to pursue his college de- and academic achievements by being se- sister is being adopted by a maternal gree. aunt. Since all of his family lives in lected to the 1998–99 San Diego Union Trib- All the while, he volunteered his time dur- une All-Academic Wrestling Team. Although California, sending Mr. Yamada back ing these past 5 years to help coach our Shigeru spends much of his time with com- to Japan would serve to split his fam- school’s softball team (as well as other petitive sports, he always finds time to help ily apart and separate him from every- sports on campus). It was only recently that other students in need. Shigeru is an active one and everything that he knows. His I had discovered that it would take him 2 participant with the Eastlake Link Crew. sister contends that her younger broth- hours with bus transfers just to get to soft- This organization was established to assist er would be ‘‘lost’’ if he had to return ball practice. our ninth graders with finding their way I provide this information to you as a tes- to live in Japan on his own. It is un- around campus, learning school traditions, timonial to the character of this young man. tutoring, mentoring, monitoring academic likely that he would be able to find any Exceptional in attitude and determination. progress and setting examples of how to be a gainful employment in Japan due to We need this kind of spirit and resolve in successful member of our campus environ- his inability to speak or read Japanese. America. We do not want to export it some- ment. Academically, Shigeru excels in the As a member of the Chula Vista com- where else. Please help. mathematics and is presently taking Honors munity, Mr. Yamada has distinguished Respectfully, Pre-Calculus while carrying a 3.8 overall himself as an honorable individual. His CHARLES R. SORGE, EdD, Grade Point Average. In addition, Shigeru is teacher, Mr. Robert Hughes, describes English Teacher and Head Softball Coach. an active member in the AVID (Advance- him as being an ‘‘upstanding ‘All- ment Via Individual Achievement) program. EDMINSTER LEARNING CENTER, American’ young man’’. Until being This program helps our students develop aca- EASTLAKE HIGH SCHOOL, demic skills that are beneficial for them picked up during a routine check of his Chula Vista, CA, April 23, 2001. when they attend college. Shigeru is also a immigration status on a city bus, he To Mr. BOB FILNER: member of the Associated Student Body. The had never been arrested or convicted of I’m honored to write this letter for Shigeru ASB is the bloodline of our campus. This any crime. Mr. Yamada is not, and has Yamada. I have known Shigeru since 1997. A outstanding group of students work endless never been, a burden on the State. He very energetic, bright young man whose per- hours organizing pep assemblies and lunch- has never received any Federal or sonal charge and get after if attitude toward time activities, sells concessions at all State assistance. accomplishing his goals, have no equal. A extra-curricular events and assist in all cam- Currently, Mr. Yamada is a sopho- person who personifies the notion of a ‘‘hard pus elections and dances as well as providing charger.’’ more at Southwestern Community Col- support services for faculty and staff mem- As an Instructional aide and Varsity Foot- bers. In several conversations, I have discov- lege, where he is working on finishing ball coach I have earned great admiration to- ered that Shigeru has a strong interest in his general education so that he can go ward Shigeru’s work ethic. While in high the field of Physical Therapy with an empha- on to earn his BA in criminal justice school, Shigeru received academic honors as sis in Sports Medicine. I strongly believe from San Diego State University. Mr. an All-American Scholar (’99), United States that Shigeru is capable of reaching his goals Yamada’s commitment to his edu- National Minority Leadership Award (’99 & because he is highly motivated, conscien- cation is admirable. He could have eas- ’00), the National Honor Roll (’00), Golden tious and extremely competent. ily taken a different path but, through State Awards, and Who’s Who Among High It is very easy to praise Shigeru for his School Students (’98–’00). His commitment personal achievements, but I think his per- his own individual fortitude, he has toward his duties goes with out question. He sonality is what makes him a great human dedicated himself to his studies so that managed to be a member of the Associative being. Shigeru is responsible, hard working, he can live a better life. In the future, Student Body. Here he received a Presi- organized, honest, caring and very depend- Mr. Yamada is interested in pursuing a dential Award (’00), ASB Leadership Award able. On a daily basis, Shigeru volunteers his career in criminal law enforcement by (’00), and Eastlake High School ASB Life time selling concessions during nutrition serving as a police officer or an FBI Membership Award (’00). break and lunch hour for the ASB food serv- agent. Through his many academic accomplish- ices. This job holds Shigeru accountable for With his hard work and giving atti- ments Shigeru managed to dedicate himself large sums of money, an accurate account of tude, Shigeru Yamada represents the to many extra curricular activities, such as inventories and timely service. Very few stu- Football, Baseball, and Wrestling. Other ac- dents have been trusted with this major re- ideal American citizen. Although born tivities included, the Boys Choir (The ‘‘E’’ sponsibility. Another word that describes in Japan, he is truly American in every Males), AVID (Advancement via Individual Shigeru is resiliency. Within the past couple other sense. I ask you to help right a Determination), and Link Crew (assisting in- of years Shigeru lost both of his parents in a wrong and grant Mr. Yamada perma- coming freshmen). tragic automobile accident. Consequently,

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7823 this sad episode has left a permanent impres- to as ‘‘Phish-heads’’—follow the band COMMUNITY DEVELOPMENT sion on Shigeru. Fortunately, Shigeru has from concert to concert living off HOMEOWNERSHIP TAX CREDIT overcome this tragedy and has maintained a veggie burritos, grilled cheese sand- ACT standard for other young people to follow. wiches and the charity of others. Shigeru has proven to me that life is too im- ∑ Mr. SANTORUM. Mr. President, portant to waste and to enjoy every moment Through it all, Phish has always con- President Bush officially declared the by being an active member of society, not sidered Vermont home. In a tribute to month of June as ‘‘National Homeown- just a spectator. their Burlington roots, the band’s first ership Month,’’ and with this annual Sincerely, album produced with a major record tradition, America’s attention was JOHN INUMERABLE. company was titled A Picture of Nec- again drawn to the importance of f tar. And the band’s share of proceeds homeownership and the stability it can TRIBUTE TO PHISH from sales of the popular ‘‘Phish Food’’ bring to families and neighborhoods. It Ben and Jerry’s ice cream flavor goes is often homeownership that finan- Mr. LEAHY. Mr. President, on Au- directly toward environmental projects cially anchors American families and gust 15 in Coventry, VT, a beloved in Vermont’s Lake Champlain Water- civically anchors our communities. But chapter in American music history will shed. Now, as they prepare for their I believe our focus on homeownership come to a close as the jam band Phish final show in Vermont, it is appro- also returns our attention to the basic holds its final concert for legions of de- priate that they finish where they ideals of the American Dream. Ensur- voted ‘‘phans’’ and ‘‘Phish-heads.’’ We started. ing access to homeownership, and in Vermont are well known for our su- Though Phish has sold millions of al- through it access to the American perb maple syrup, our wonderful ice bums and become a huge success, in Dream, is among the most significant cream, our award-winning cheese and spirit they remain a group that is un- ways we can empower our citizens to our beautiful scenery, but after 21 re- pretentious and unfailingly loyal to achieve the happy, productive and sta- markable years, the jam band Phish their fans. Their admirable generosity ble lifestyle everyone desires. has certainly become one of our most has fostered a sense of community Having a house of one’s own that pro- famous exports. among those who follow the group. The vides security and comfort to one’s The four musicians of Phish—Trey band’s break-up is a source of sadness family and that gives families an ac- Anastasio, Mike Gordon, Page to all of us who know and love them. tive, vested interest in the quality of O’Connell, and Jon Fishman—met and I congratulate Trey Anastasio, Mike life their community provides is cen- started playing together as under- Gordon, Jon Fishman and Page tral to our collective ideas about free- graduates at the University of O’Connell on their remarkable success. dom and self-determination. As a na- Vermont in the early 1980s. The band I am grateful for all they have done for tion, we know that homeownership quickly moved beyond its humble be- Vermont, for American music, and for helps the emotional and intellectual growth and development of children. ginnings in a dormitory basement to their fans. Most importantly, we sin- We know that homeowners show great- playing a small nightclub in Bur- cerely appreciate their authenticity, er interest and more frequent partici- lington called Nectar’s. While they their enthusiasm and their generosity. pation in civic organizations and toured for 5 years before releasing any While no one wants to see Phish stop commercial albums, the buzz around neighborhood issues. We know that playing after this summer, we can all when people own homes, they are more the band spread as their striking melo- take some solace that their music will dies and lively jam sessions endeared likely to accumulate wealth and assets live on, in these words from their song, and to prepare themselves financially them to a growing legion of fans. ‘‘Down With Disease.’’ Phish released its first commercial for such things as their children’s edu- Waiting for the time when I can finally say album, Junta, in 1989. Since then, the cation and retirement. That this has all been wonderful, but now In America today, homeownership is band has put out more than 35 studio I’m on my way. and live albums that have sold millions at a record high. Unfortunately, how- But when I think it’s time to leave it all be- ever, there remains a significant gap of copies. They have more than 200 hind, between minority and non-minority original songs, and many of the songs I try to find a way, but there’s nothing I can populations, leaving homeownership an die-hards love most were never re- say to make it stop. elusive financial prospect for many. corded in the studio. f The homeownership rate for the na- But the magic of Phish is not as tion’s African American and Hispanic much in its studio recordings as it is in ADDITIONAL STATEMENTS households lags more than 25 percent- its live performances. In an era when age points below White households. slick marketing techniques often over- LAUREN AMBER COOK In Congress, we have the responsi- shadow the musical accomplishments bility of ensuring that the dream of of the artists themselves, this talented Mr. BUNNING. Mr. President, I pay homeownership is possible for more of band from Vermont has provided a re- tribute and congratulate Lauren our citizens. Last year, Senator JOHN freshing contrast by promoting free Amber Cook of Princeton, KY on being KERRY and I drafted and sponsored S. spiritedness and individuality in their awarded the William R. Sprague Schol- 875, the ‘‘Community Development music. arship from the Kentucky Farm Bu- Homeownership Tax Credit Act,’’ a bill The band has always been uncon- reau Education Foundation. This aca- that enjoys strong bipartisan support cerned about releasing catchy singles demic scholarship will provide Lauren in the Senate. This legislation would and making millions of dollars from with $4,000 toward her education. give developers and investors an incen- record sales. Instead they play long Lauren has proven to be a very able tive to participate in the rehabilitation jams—oftentimes with songs lasting 30 and competent student by winning this and construction of homes for low- and minutes or longer—and tour year- prestigious award. She will represent moderate-income buyers. This measure round. Bucking a trend in the industry, the graduates of Caldwell County High is aimed at reaching President Bush’s they even encouraged people to tape School very well when she enrolls at goal of increasing American minority their shows for free and trade them on Vanderbilt University in the autumn. homeownership by 5.5 million families, the Internet. For the members of There she plans to study chemical en- thus making 5.5 million new dreams Phish, it really is all about their music gineering with a focus on agriculture. come true. and their fans. The citizens of Caldwell County Owning a home is an integral part of Every night on stage is a new and dif- should be proud to have a young attaining the security, continuity, and ferent showcase for the talents of the woman like Lauren Amber Cook in comfort of living the American Dream. versatile and endlessly creative band their community. Her example of dedi- I will continue to advocate policies members. Whether they are playing cation and hard work should be an in- that help make this dream become a electric guitars, keyboards, drums, or spiration to the entire Commonwealth. reality for our Nation’s families. I ask vacuum cleaners, Phish’s She has my most sincere apprecia- my colleagues to join me in support- improvisational talent has never dis- tion for this work, and I look forward ing homeownership by cosponsoring appointed. Many fans—often referred to her continued service to Kentucky. S. 875.∑

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7824 CONGRESSIONAL RECORD — SENATE July 8, 2004 TRIBUTE TO LIEUTENANT For the past 3 years, ADM Jim Ellis the staff of the commander in chief, GENERAL ROBERT B. FLOWERS has demonstrated his leadership as U.S. Atlantic Fleet. He assumed duties ∑ Mr. CONRAD. Mr. President, I want commander of United States Strategic as deputy chief of Naval Operations— to take a few moments today to pub- Command. During his time at Offutt Plans, Policy and Operations—in No- licly thank Lieutenant General Robert AFB, in Nebraska, Jim Ellis personi- vember 1996. Flowers, who left his post as com- fied the Navy’s core values of integrity, Admiral Ellis became commander in mander and chief of engineers of the selfless service, and excellence in all chief, U.S. Naval Forces, Europe U.S. Army Corps of Engineers on July things. I join the many Members and headquartered in London, England, and 1. General Flowers is one of the finest staff who enjoyed the opportunity to commander in chief, Allied Forces, individuals I have worked with as a meet with him on a variety of strategic Southern Europe headquartered in U.S. Senator representing North Da- issues and came to appreciate his abil- Naples, Italy, in October 1998. During kota. He is not only a fine, trusted pub- ity to integrate his many talents at his time serving in Europe, Admiral lic servant, he is also a good friend. Offutt. Ellis provided support to NATO forces North Dakota and the Nation owe Admiral Ellis is retiring from his as they waged war over Kosovo. General Flowers a deep debt of grati- post tomorrow. There will be a cere- I was especially pleased when he was tude. He served as chief of engineers for mony in Omaha to honor him that I nominated to continue service to the 4 years, and he served admirably. Dur- will attend. Nation as commander, U.S. Strategic Today, it is my privilege to recognize ing that period, he helped advance the Command in 2001. As such, Admiral with admiration and thanks some of construction of the Grand Forks flood Ellis is responsible for the global com- Admiral Ellis’ many accomplishments control project and other important mand and control of U.S. strategic since he entered the military 35 years flood control projects in the Red River forces and provides a sweeping range of ago, and to commend the superb serv- Valley. He also fought hand in hand strategic capabilities and options for ice he provided the Navy, the Congress with the North Dakota congressional the President and Secretary of Defense. and the Nation. Admiral Ellis is a 1969 delegation as we have worked to imple- While combatant commander in 2002, graduate of the U.S. Naval Academy. ment solutions to the chronic flood at Admiral Ellis oversaw the merger of He was designated a Naval aviator in Devils Lake. Throughout it all, he has U.S. Space Command with U.S. Stra- 1971 and has held a variety of sea and always gone above and beyond the call tegic Command, demonstrating exem- shore assignments since 1972. plary leadership during a critical pe- of duty. His sea duty billets as a Navy fighter General Flowers is one of the most riod of transition. pilot included tours with Fighter Over the years, Admiral Ellis’s lead- capable leaders of the Corps of Engi- Squadron 92 aboard USS Constellation, neers I have ever had the pleasure of ership, professionalism and expertise CV 64, and Fighter Squadron 1 aboard enabled him to foster exceptional rap- working with. He is a true professional, USS Ranger, CV 61. and has a unique ability to walk into a port with many Members of both the From early in his career, Jim Ellis’ Senate and the House. I am personally difficult condition, assess the situa- exceptional leadership skills were evi- tion, and calmly, but decisively, take grateful for his friendship. I offer con- dent as he repeatedly proved himself in gratulations to him and his wife, Polly, action. He listens carefully to people select command positions. Admiral and has a leadership style that invites on his exceptionally well-deserved re- Ellis was the first Commanding Officer tirement. The Congress and country creative solutions to complex prob- of Strike/Fighter Squadron 131, deploy- lems. applaud the selfless commitment his ing in 1985 with new F/A–18 Hornets entire family has made to the Nation General Flowers is also a man of tre- aboard USS Coral Sea, CV 43. He served mendous integrity. He cares deeply in supporting his military career. I as executive officer of the nuclear-pow- know I speak for all my colleagues in about the people of this Nation, and his ered aircraft carrier USS Carl Vinson, commitment to doing the right thing expressing my heartfelt appreciation CVN 70, and as commanding officer of to Admiral Ellis. We wish our friend was unmatched. He was willing to fight USS LaSalle, AGF 3, the Arabian Gulf for the needs of common citizens, even the best of luck. He is truly a credit to flagship of the Commander, Joint Task both the Navy and the Nation.∑ if it meant leading an uphill fight and Force, Middle East. challenging others within the Corps. In 1991, Admiral Ellis assumed com- f To General Flowers, ‘‘no’’ was simply mand of the USS Abraham Lincoln, CVN MESSAGES FROM THE PRESIDENT unacceptable. He worked diligently to 72, and participated in Operation turn over every stone and formulate Desert Storm while deployed during Messages from the President of the solutions that are workable and re- her maiden voyage in the western Pa- United States were communicated to sponsive to the water challenges faced cific and Arabian Gulf. In June 1995, the Senate by Ms. Evans, one of his by communities across the country. Admiral Ellis assumed command of secretaries. I know that the General Flowers Carrier Group FIVE/Battle Force SEV- f leaves the Corps a much better organi- ENTH Fleet, breaking his flag aboard EXECUTIVE MESSAGES REFERRED zation due to his leadership. The Gen- USS Independence, CV 62, forward de- eral set high standards for his team, ployed to the Western Pacific and As in executive session the PRE- and they delivered time and time homeported in Yokosuka, Japan. As SIDING OFFICER laid before the Sen- again. I will not forget the contribu- carrier battle group commander he led ate messages from the President of the tions General Flowers has made to the contingency response operations to United States submitting sundry nomi- people of my State and the country. both the Arabian Gulf and Taiwan nations which were referred to the ap- I want to again express my deep ap- Straits. propriate committees. preciation and respect for General Admiral Ellis also excelled in a vari- (The nominations received today are Flowers for his service to my state and ety of key shore and staff assignments printed at the end of the Senate pro- to our Nation. We in North Dakota will that included tours as an experimental/ ceedings.) miss you, General, but wish you all the operational test pilot, service in the f best.∑ Navy Office of Legislative Affairs, and f duty as F/A–18 program coordinator, MESSAGE FROM THE HOUSE deputy chief of Naval Operations, Air At 12:26 p.m., a message from the RETIREMENT OF ADMIRAL JAMES Warfare. He also served as deputy com- House of Representatives, delivered by O. ELLIS, JR. FROM U.S. STRA- mander and chief of Staff, Joint Task Ms. Niland, one of its reading clerks, TEGIC COMMAND Force FIVE, the counternarcotics force announced that the House has passed ∑ Mr. NELSON of Florida. Mr. Presi- for U.S. Commander in Chief Pacific. the following bills, in which it requests dent, today, it is my honor and my In November 1993 he reported as inspec- the concurrence of the Senate: privilege to recognize one of the finest tor general, U.S. Atlantic Fleet, and H.R. 1856. An act to reauthorize the Harm- officers in the U.S. Navy, and a good subsequently served as director for Op- ful Algal Bloom and Hypoxia Research and friend of mine, ADM James O. Ellis, Jr. erations, Plans and Policy, N3/N5, on Control Act of 1998, and for other purposes.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7825 H.R. 3890. An act to reauthorize the Steel accompanying papers, reports, and doc- tion, Securities and Exchange Commission, and Aluminum Energy Conservation and uments, and were referred as indicated: transmitting, pursuant to law, the report of Technology Competitiveness Act of 1998. EC–8307. A communication from the Acting a rule entitled ‘‘Rule 31—Section 31 Trans- H.R. 4218. An act to amend the High-Per- Assistant Secretary for Management, De- action Fees; Rule 31T—Temporary Rule Re- formance Computing Act of 1991. garding Fiscal Year 2004; Form R31—Form H.R. 4516. An act to require the Secretary partment of the Treasury, transmitting, pursuant to law, a report relative to the Depart- for Reporting Covered Sales and Covered of Energy to carry out a program of research Round Turn Transactions Under Section 31 and development to advance high-end comment’s competitive sourcing efforts; to the Committee on Banking, Housing, and Urban of the Securities and Exchange Act of 1934’’ puting. (RIN3235–AJ02) received on July 6, 2004; to Affairs. The message also announced that the EC–8308. A communication from the Dep- the Committee on Banking, Housing, and House has agreed to the following con- uty Chief Financial Officer, Department of Urban Affairs. EC–8319. A communication from the Chair- current resolution, in which it requests Housing and Urban Development, transmit- man, Board of Governors of the Federal Re- the concurrence of the Senate: ting, pursuant to law, a report relative to serve System, transmitting, pursuant to law, the Department’s competitive sourcing ef- H. Con. Res. 301. Concurrent resolution a report relative to the profitability of the forts; to the Committee on Banking, Hous- supporting the goals and ideals of the World credit card operations of depository institu- Year of Physics. ing, and Urban Affairs. EC–8309. A communication from the Chair- tions; to the Committee on Banking, Hous- f ing, and Urban Affairs. man and President, Export-Import Bank of EC–8320. A communication from the Dep- the United States, transmitting, pursuant to MEASURES REFERRED uty Secretary, Division of Investment Man- The following bills were read the first law, the report of a transaction involving agement, Securities and Exchange Commis- time and the second times by unani- U.S. exports to Australia; to the Committee sion, transmitting, pursuant to law, the re- on Banking, Housing, and Urban Affairs. port of a rule entitled ‘‘Investment Adviser mous consent, and referred as indi- EC–8310. A communication from the Assist- Codes of Ethics’’ (RIN3235–AJ08) received on cated: ant to the Board of Governors of the Federal July 6, 2004; to the Committee on Banking, H.R. 1856. An act to reauthorize the harm- Reserve System, transmitting, pursuant to Housing, and Urban Affairs. ful Algal Bloom and Hypoxia Research and law, the report of a rule entitled ‘‘Fair Cred- EC–8321. A communication from the Chief Control Act of 1998, and for other purposes; it Reporting Act’’ received on June 24, 2004; Counsel, Bureau of the Public Debt, Depart- to the Committee on Commerce, Science, to the Committee on Banking, Housing, and ment of the Treasury, transmitting, pursu- and Transportation. Urban Affairs. ant to law, the report of a rule entitled ‘‘31 H.R. 3890. An act to reauthorize the Steel EC–8311. A communication from the Assist- and Aluminum Energy Conservation and CFR Part 344, U.S. Treasury Securities— ant General Counsel for Banking and Fi- State and Local Government Series’’ re- Technology Competitiveness Act of 1988; to nance, Departmental Offices, Department of the Committee on Energy and Natural Re- ceived on July 6, 2004; to the Committee on the Treasury transmitting, pursuant to law, Banking, Housing, and Urban Affairs. sources. the report of a rule entitled ‘‘Terrorism Risk H.R. 4218. An act to amend the High-Per- EC–8322. A communication from the Ad- Insurance Program—Claims Procedures’’ ministrator, Small Business Administration, formance Computing Act of 1991; to the Com- (RIN1505–AB07) received on June 24, 2004; to mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, a report rel- the Committee on Banking, Housing, and ative to the Administration’s competitive tation. Urban Affairs. H.R. 4516. An act to require the Secretary sourcing efforts; to the Committee on Small EC–8312. A communication from the Dep- Business and Entrepreneurship. of Energy to carry out a program of research uty Secretary, Division of Investment Man- and development to advance high-end com- EC–8323. A communication from the Co- agement, Securities and Exchange Commis- puting; to the Committee on Energy and Chairs, Abraham Lincoln Bicentennial Com- sion, transmitting, pursuant to law, the re- Natural Resources. mission, transmitting, pursuant to law, the port of a rule entitled ‘‘Disclosure Regarding Commission’s Interim Report; to the Com- f Approval of Investment Advisory Contracts mittee on the Judiciary. MEASURES PLACED ON THE By Directors of Investment Companies’’ EC–8324. A communication from the Assist- CALENDAR (RIN3235–AJ10) received on June 25, 2004; to ant Attorney General for Administration, the Committee on Banking, Housing, and Department of Justice, transmitting, pursu- The following joint resolution was Urban Affairs. ant to law, a report relative to the Depart- read the second time, and placed on the EC–8313. A communication from the Senior ment’s competitive sourcing efforts; to the calendar: Paralegal for Regulations, Office of Thrift Committee on the Judiciary. S.J. Res. 40. Joint resolution proposing an Supervision, Department of the Treasury, EC–8325. A communication from the Attor- amendment to the Constitution of the transmitting, pursuant to law, the report of ney General of the United States, transmit- United States relating to marriage. a rule entitled ‘‘Assessments and Fees’’ ting, pursuant to law, the Department of (RIN1550–AB89) received on July 6, 2004; to Justice’s Strategic Plan for Fiscal Years f the Committee on Banking, Housing, and 2003–2008; to the Committee on the Judiciary. MEASURES READ THE FIRST TIME Urban Affairs. EC–8326. A communication from the Assist- EC–8314. A communication from the Gen- ant Attorney General, Office of Legislative The following bills were read the first eral Counsel, National Credit Union Admin- Affairs, Department of Justice, transmit- time: istration, transmitting, pursuant to law, the ting, pursuant to law, a report relative to S. 2629. A bill to amend the Medicare Pre- report of a rule entitled ‘‘Suretyship and the Victims Compensation Fund; to the scription Drug, Improvement, and Mod- Guaranty; Maximum Borrowing Authority’’ Committee on the Judiciary. ernization Act of 2003 to eliminate the cov- received on July 4, 2004; to the Committee on EC–8327. A communication from the Dep- erage gap, to eliminate HMO subsidies, to re- Banking, Housing, and Urban Affairs. uty General Counsel and Designated Report- peal health savings accounts, and for other EC–8315. A communication from the Gen- ing Official, Office of National Drug Control purposes. eral Counsel, National Credit Union Admin- Policy, transmitting, pursuant to law, the S. 2630. A bill to amend title 5, United istration, transmitting, pursuant to law, the report of a vacancy in the position of Deputy States Code to establish a national health report of a rule entitled ‘‘12 C.F.R. Part 745 Director for Supply Reduction, Office of Na- program administered by the Office of Per- Share Insurance and Appendix’’ received on tional Drug Control Policy, received on July sonnel Management to offer Federal em- July 4, 2004; to the Committee on Banking, 1, 2004; to the Committee on the Judiciary. ployee benefits plans to individuals who are Housing, and Urban Affairs. EC–8328. A communication from the White not Federal employees, and for other pur- EC–8316. A communication from the Gen- House Liaison, Department of Education, poses. eral Counsel, National Credit Union Admin- transmitting, pursuant to law, the report of S. 2631. A bill to require the Federal Trade istration, transmitting, pursuant to law, the a nomination confirmed for the position of Commission to monitor and investigate gas- report of a rule entitled ‘‘Organization and Under Secretary, Department of Education, oline prices under certain circumstances. Operations of Federal Credit Unions; Loan received on June 25, 2004; to the Committee S. 2632. A bill to establish a first responder Participation’’ received on July 4, 2004; to on Health, Education, Labor, and Pensions. and terrorism preparedness grant informa- the Committee on Banking, Housing, and EC–8329. A communication from the White tion hotline, and for other purposes. House Liaison, Department of Education, S. 2633. A bill to amend the Federal Power Urban Affairs. Act to provide refunds for unjust and unrea- EC–8317. A communication from the Gen- transmitting, pursuant to law, the report of sonable charges on electric energy in the eral Counsel, National Credit Union Admin- a nomination for the position of Under Sec- State of California. istration, transmitting, pursuant to law, the retary, Department of Education, received report of a rule entitled ‘‘12 C.F.R. Part 708a; on June 25, 2004; to the Committee on f Conversion of Insured Credit Unions to Mu- Health, Education, Labor, and Pensions. EXECUTIVE AND OTHER tual Savings Banks’’ received on July 4, 2004; EC–8330. A communication from the White COMMUNICATIONS to the Committee on Banking, Housing, and House Liaison, Department of Education, Urban Affairs. transmitting, pursuant to law, the report of The following communications were EC–8318. A communication from the Dep- a nomination for the position of Deputy Sec- laid before the Senate, together with uty Secretary, Division of Market Regula- retary, Department of Education, received

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7826 CONGRESSIONAL RECORD — SENATE July 8, 2004 on June 25, 2004; to the Committee on Clarification and Skyland Eminent Domain a rule entitled ‘‘Charitable Contributions Health, Education, Labor, and Pensions. Approval Temporary Amendment Act of and Conservation Easements’’ (Notice 2004– EC–8331. A communication from the White 2004’’; to the Committee on Governmental 41) received on July 6, 2004; to the Committee House Liaison, Department of Education, Affairs. on Finance. transmitting, pursuant to law, the report of EC–8344. A communication from the Chair- EC–8357. A communication from the Chief, the discontinuation of service in acting role man of the Council of the District of Colum- Regulations Unit, Internal Revenue Service, for the position of Deputy Secretary, Depart- bia, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of ment of Education, received on June 25, 2004; port of D.C. Act 15–463, ‘‘Omnibus Public a rule entitled ‘‘Effective Date of Relative to the Committee on Health, Education, Safety Agency Reform Amendment Act of Value Regulations’’ (Ann. 2004–58) received Labor, and Pensions. 2004’’; to the Committee on Governmental on July 6, 2004; to the Committee on Fi- EC–8332. A communication from the White Affairs. nance. House Liaison, Department of Education, EC–8345. A communication from the Chair- EC–8358. A communication from the Chief, transmitting, pursuant to law, the report of man of the Council of the District of Colum- Regulations Unit, Internal Revenue Service, a nomination confirmed for the position of bia, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of Deputy Secretary, Department of Education, port of D.C. Act 15–442, ‘‘Omnibus Alcoholic a rule entitled ‘‘Internal Revenue Code Sec. received on June 25, 2004; to the Committee Beverage Amendment Act of 2004’’; to the 482: Allocation of Income and Deductions on Health, Education, Labor, and Pensions. Committee on Governmental Affairs. Among Taxpayers’’ (Rev. Proc. 2004–40) re- EC–8333. A communication from the White EC–8346. A communication from the Chair- ceived on July 6, 2004; to the Committee on House Liaison, Department of Education, man of the Council of the District of Colum- Finance. transmitting, pursuant to law, the report of bia, transmitting, pursuant to law, the re- EC–8359. A communication from the Chief, a nomination for the position of Assistant port of D.C. Act 15–456, ‘‘Office of Employee Regulations Unit, Internal Revenue Service, Secretary, Office of Special Education and Appeals Amendment Act of 2004’’; to the transmitting, pursuant to law, the report of Rehabilitative Services, Department of Edu- Committee on Governmental Affairs. a rule entitled ‘‘Information Reporting for cation, received on June 25, 2004; to the Com- EC–8347. A communication from the Chair- Advance Payments of Health Coverage Tax mittee on Health, Education, Labor, and man of the Council of the District of Colum- Credit’’ (Notice 2004–47) received on July 6, Pensions. bia, transmitting, pursuant to law, the re- 2004; to the Committee on Finance. EC–8334. A communication from the Acting port of D.C. Act 15–455, ‘‘Youth Pollworker EC–8360. A communication from the Chief, Director, National Science Foundation, Amendment Act of 2004’’; to the Committee Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the Founda- on Governmental Affairs. transmitting, pursuant to law, the report of tion’s report on its competitive sourcing ef- EC–8348. A communication from the Chair- a rule entitled ‘‘Meritless Filing Position forts for FY 2003; to the Committee on man of the Council of the District of Colum- Based on Sections 932(c) and 934(b)’’ (Notice Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, the re- 2004–45) received on July 6, 2004; to the Com- EC–8335. A communication from the Dep- port of D.C. Act 15–457, ‘‘Advisory Commis- mittee on Finance. uty Archivist of the United States, National sion on Sentencing Structured Sentencing EC–8361. A communication from the Chief, Archives and Records Administration, trans- System Pilot Program Act of 2004’’; to the Regulations Unit, Internal Revenue Service, mitting, pursuant to law, the report of a rule Committee on Governmental Affairs. transmitting, pursuant to law, the report of entitled ‘‘Revision of NARA Research Room EC–8349. A communication from the Chair- a rule entitled ‘‘Health Savings Accounts— Procedures’’ (RIN3095–AB10) received on July man of the Council of the District of Colum- Transition Relief for State Mandates’’ (2004– 6, 2004; to the Committee on Governmental bia, transmitting, pursuant to law, the re- 43) received on July 6, 2004; to the Committee Affairs. port of D.C. Act 15–458, ‘‘Closing of a Portion on Finance. EC–8336. A communication from the Dep- of a Public Alley in Square 235, S.O. 03–2526, EC–8362. A communication from the Chief, uty Archivist of the United States, National Act of 2004’’; to the Committee on Govern- Regulations Unit, Internal Revenue Service, Archives and Records Administration, trans- mental Affairs. transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule EC–8350. A communication from the Chair- a rule entitled ‘‘Depreciation of Vans and entitled ‘‘Restrictions on the Use of man of the Council of the District of Colum- Light Trucks’’ (RIN1545–BB06) received on Records’’ (RIN3095–AB11) received on July 6, bia, transmitting, pursuant to law, the re- July 6, 2004; to the Committee on Finance. 2004; to the Committee on Governmental Af- port of D.C. Act 15–459, ‘‘Removal from the EC–8363. A communication from the Chief, fairs. Permanent System of Highways, a Portion of Regulations Unit, Internal Revenue Service, EC–8337. A communication from the Sec- 22nd Street, S.E., and the Dedication of Land transmitting, pursuant to law, the report of retary, Smithsonian Institution, transmit- for Street Purposes (S.O. 00–89) Technical a rule entitled ‘‘Tax Analysts v. Internal ting, pursuant to law, the Institution’s re- Amendment Act of 2004’’; to the Committee Revenue Service F. Supp.2d 192 (D.D.C. 2002), port relative to its competitive sourcing ef- on Governmental Affairs. Reversed, 350 F.3d 100 (D.C. Cir 2003) Action forts; to the Committee on Governmental Af- EC–8351. A communication from the Dep- on Decision’’ (AOD2004–29) received on July fairs. uty Secretary of Defense, Department of De- 6, 2004; to the Committee on Finance. EC–8338. A communication from the Direc- fense, transmitting, pursuant to law, the re- EC–8364. A communication from the Regu- tor, Woodrow Wilson International Center port of the Office of Inspector General for lations Coordinator, Department of Health for Scholars, transmitting, pursuant to law, the period from October 1, 2003 through and Human Services, transmitting, pursuant a report relative to the Center’s competitive March 31, 2004; to the Committee on Govern- to law, the report of a rule entitled ‘‘Medi- sourcing efforts; to the Committee on Gov- mental Affairs. care Program; Medicare Ambulance MMA ernmental Affairs. EC–8352. A communication from the Assist- Temporary Rate Increases Beginning July 1, EC–8339. A communication from the Attor- ant Secretary for Legislative Affairs, De- 2004’’ (RIN0938–AN24) received on July 6, 2004; ney General of the United States, transmit- partment of State, transmitting, pursuant to to the Committee on Finance. ting, pursuant to law, the Department of law, a report relative to the incidental cap- EC–8365. A communication from the Chief, Justice’s Fiscal Year 2003 Performance and ture of sea turtles in commercial shrimping Regulations Branch, Customs and Border Accountability Report; to the Committee on operations; to the Committee on Finance. Protection, Department of Homeland Secu- Governmental Affairs. EC–8353. A communication from the Assist- rity, transmitting, pursuant to law, the re- EC–8340. A communication from the Direc- ant Secretary for Legislative Affairs, transport of a rule entitled ‘‘Import Restrictions tor, Office of Personnel Management, transmitting, pursuant to law, a report relative to Imposed on Archaeological Material Origi- mitting, pursuant to law, the Office’s report the compliance of Armenia, Azerbaijan, nating in Honduras’’ (RIN1505–AB50) received on Federal agencies’ use of the physicians Kazhakstan, Moldova, the Russian Federa- on July 6, 2004; to the Committee on Fi- comparability allowance (PCA) program; to tion, Tajikstan, Ukraine, and Uzbekistan nance. the Committee on Governmental Affairs. with the 1974 Trade Act’s freedom of emigra- EC–8366. A communication from the Chair- EC–8341. A communication from the Chair- tion provisions; to the Committee on Fi- man, International Trade Commission, man, Postal Rate Commission, transmitting, nance. transmitting, pursuant to law, a report rel- pursuant to law, a report relative to Inter- EC–8354. A communication from the Presi- ative to the U.S.-Morocco Free Trade Agree- national Mail Costs, Revenues, and Volumes; dent of the United States, transmitting, pur- ment; to the Committee on Finance. to the Committee on Governmental Affairs. suant to law, a report relative to the United EC–8367. A communication from the Direc- EC–8342. A communication from the Sec- States-Australia Free Trade Agreement; to tor, Regulations and Forms Services, Bureau retary of the Treasury, transmitting, pursu- the Committee on Finance. of Immigration and Customs Enforcement, ant to law, the report of the Office of Inspec- EC–8355. A communication from the Chief, transmitting, pursuant to law, the report of tor General for the period ended March 31, Regulations Unit, Internal Revenue Service, a rule entitled ‘‘Authorizing Collection of 2004; to the Committee on Governmental Af- transmitting, pursuant to law, the report of the Fee Levied on F, J, and M Nonimmigrant fairs. a rule entitled ‘‘Qualified Residential Rental Classifications Under Public Law 104–208; EC–8343. A communication from the Chair- Projects’’ (Rev. Proc. 2004–39) received on SEVIS’’ (RIN1653–AA23) received on July 6, man of the Council of the District of Colum- July 6, 2004; to the Committee on Finance. 2004; to the Committee on Finance. bia, transmitting, pursuant to law, the re- EC–8356. A communication from the Chief, EC–8368. A communication from the Dep- port of D.C. Act 15–460, ‘‘National Capital Re- Regulations Unit, Internal Revenue Service, uty Associate Administrator, Environmental vitalization Corporation Eminent Domain transmitting, pursuant to law, the report of Protection Agency, transmitting, pursuant

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7827 to law, the report of a rule entitled ‘‘Ap- proval and Promulgation of Implementation INTRODUCTION OF BILLS AND proval and Promulgation of Implementation Plans; New Jersey 1-Hour Ozone Control Pro- JOINT RESOLUTIONS Plans; State of Alaska; Anchorage Carbon grams’’ (FRL#7776–2) received on June 24, Monoxide Nonattainment Area; Designation 2004; to the Committee on Environment and The following bills and joint resolu- of Areas for Air Quality Planning Purposes’’ Public Works. tions were introduced, read the first (FRL#7777–1) received on June 24, 2004; to the EC–8377. A communication from the Dep- and second times by unanimous con- Committee on Environment and Public uty Associate Administrator, Environmental sent, and referred as indicated: Works. Protection Agency, transmitting, pursuant By Mr. LEAHY: EC–8369. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- S. 2619. A bill to designate the annex to the uty Associate Administrator, Environmental proval and Promulgation of Implementation E. Barrett Prettyman Federal Building and Protection Agency, transmitting, pursuant Plans; State of Missouri; Designation of United States Courthouse located at 333 Con- to law, the report of a rule entitled ‘‘Ap- Areas for Air Quality Planning Purposes, stitution Ave. Northwest in Washington, proval and Promulgation of Air Quality Im- Iron County; Arcadia and Liberty Town- District of Columbia, as the ‘‘Judge William plementation Plans; Commonwealth of Vir- ships’’ (FRL#7779–9) received on June 24, B. Bryant Annex to the E. Barrett ginia; Emission Standards for Mobile Equip- 2004; to the Committee on Environment and Prettyman Federal Building and United ment Repair and Refinishing Operations in Public Works. States Courthouse’’; to the Committee on the Northern Virginia Volatile Organic Com- EC–8378. A communication from the Dep- Environment and Public Works. pound Emission Control Area’’ (FRL777–7) uty Associate Administrator, Environmental By Mr. JEFFORDS (for himself, Mr. received on June 24, 2004; to the Committee Protection Agency, transmitting, pursuant LAUTENBERG, Mr. REID, Mr. WYDEN, on Environment and Public Works. to law, the report of a rule entitled ‘‘Preven- Mr. CARPER, Mr. HARKIN, Mr. LEAHY, EC–8370. A communication from the Dep- tion of Significant Deterioration (PSD) and and Mrs. CLINTON): uty Associate Administrator, Environmental Non-attainment New Source Review (NSR): S. 2620. A bill to provide for the establish- Protection Agency, transmitting, pursuant Equipment Replacement Provision of the ment of an Office of High-Performance Green to law, the report of a rule entitled ‘‘Ap- Routine Maintenance, Repair, and Replace- Buildings, and for other purposes; to the proval and Promulgation of Air Quality Im- ment Exclusion; Reconsideration’’ Committee on Environment and Public plementation Plans; Illinois; Definition of (FRL#7781–4) received on June 24, 2004; to the Works. Volatile Organic Material or Volatile Or- Committee on Environment and Public By Mr. GRAHAM of Florida: ganic Compound’’ (FRL#7661–8) received on Works. S. 2621. A bill to amend the Federal Water June 24, 2004; to the Committee on Environ- EC–8379. A communication from the Dep- Pollution Control Act to extend the pilot ment and Public Works. uty Associate Administrator, Environmental program for alternative water source EC–8371. A communication from the Dep- Protection Agency, transmitting, pursuant projects; to the Committee on Environment uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Preven- and Public Works. Protection Agency, transmitting, pursuant tion of Significant Deterioration (PSD) and By Mr. BINGAMAN (for himself and to law, the report of a rule entitled ‘‘Ap- Non-attainment New Source Review (NSR): Mr. DOMENICI): proval and Promulgation of Air Quality Im- Equipment Replacement Provisions of the S. 2622. A bill to provide for the exchange plementation Plans; Maryland; Control of Routine Maintenance, Repair, and Replace- of certain Federal land in the Santa Fe Na- Volatile Organic Compound Emissions from ment Exclusion: Stay of Effective Date’’ tional Forest and certain non-Federal land Portable Fuel Containers’’ (FRL#7671–4) re- (FRL#7780–1) received on June 24, 2004; to the in the Pecos National Historical Park in the ceived on June 24, 2004; to the Committee on Committee on Environment and Public State of New Mexico; to the Committee on Environment and Public Works. Works. Energy and Natural Resources. EC–8372. A communication from the Dep- EC–8380. A communication from the Dep- By Mr. SMITH (for himself, Mr. KOHL, uty Associate Administrator, Environmental uty Associate Administrator, Environmental and Mr. LUGAR): Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant S. 2623. A bill to amend section 402 of the to law, the report of a rule entitled ‘‘Na- to law, the report of a rule entitled ‘‘Stand- Personal Responsibility and Work Oppor- tional Primary Drinking Water Regulations: ards of Performance for Stationary Gas Tur- tunity Reconciliation Act of 1996 to provide Minor Corrections and Clarification to bines’’ (FRL#7780–6) received on June 24, a 2-year extension of supplemental security Drinking Water Regulations; National Pri- 2004; to the Committee on Environment and income in fiscal years 2005 through 2007 for mary Drinking Water Regulations for Lead Public Works. refugees, asylees, and certain other humani- and Copper’’ (FRL#7779–4) received on June f tarian immigrants; to the Committee on Fi- 24, 2004; to the Committee on Environment nance. and Public Works. REPORTS OF COMMITTEES By Mr. LAUTENBERG (for himself, EC–8373. A communication from the Dep- The following reports of committees Mr. DURBIN, Mr. LEVIN, and Mr. uty Associate Administrator, Environmental REID): Protection Agency, transmitting, pursuant were submitted: S. 2624. A bill to require the United States to law, the report of a rule entitled ‘‘Revi- By Mr. WARNER, from the Committee on Trade Representative to pursue a complaint sion to the Preamble of the Final Rule to Armed Services, with amendments: of anti-competitive practices against certain Implement the 8-Hour Ozone National Ambi- S. 2386. An original bill to authorize appro- oil exporting countries; to the Committee on ent Air Quality Standard—Phase 1; Correc- priations for fiscal year 2005 for intelligence Finance. tion’’ (FRL#7779–2) received on June 24, 2004; and intelligence-related activities of the By Mr. SMITH (for himself and Mr. to the Committee on Environment and Pub- United States Government, the Intelligence WYDEN): lic Works. Community Management Account, and the S. 2625. A bill to establish a national dem- EC–8374. A communication from the Dep- Central Intelligence Agency Retirement and onstration project to improve intervention uty Associate Administrator, Environmental Disability System, and for other purposes programs for the most disadvantaged chil- Protection Agency, transmitting, pursuant (Rept. No. 108–300). dren and youth, and for other purposes; to to law, the report of a rule entitled ‘‘Ap- f the Committee on the Judiciary. proval and Promulgation of Air Quality Im- By Mr. NELSON of Florida: plementation Plans; Pennsylvania; Redesig- EXECUTIVE REPORTS OF S. 2626. A bill to provide for a circulating nation of the Warren County SO2 Nonattain- COMMITTEES quarter dollar coin program to honor the ment Areas and the Mead and Clarendon The following executive reports of District of Columbia, the Commonwealth of Unclassifiable Areas to Attainment and Ap- committees were submitted: Puerto Rico, Guam, American Samoa, the proval of the Maintenance Plan’’ (FRL#7777– United States Virgin Islands, and the Com- 5) received on June 24, 2004; to the Com- By Mr. WARNER for the Committee on monwealth of the Northern Mariana Islands, mittee on Environment and Public Works. Armed Services. and for other purposes; to the Committee on EC–8375. A communication from the Dep- Marine Corps nomination of Lt. Gen. Banking, Housing, and Urban Affairs. uty Associate Administrator, Environmental James E. Cartwright. By Mrs. FEINSTEIN (for herself, Mr. Navy nomination of Adm. Vernon E. Clark. Protection Agency, transmitting, pursuant AKAKA, and Mr. LEAHY): By Mr. HATCH for the Committee on the to law, the report of a rule entitled ‘‘Ap- S. 2627. A bill to express the policy of the Judiciary. United States with respect to the adherence proval and Promulgation of Air Quality Im- Michael H. Watson, of Ohio, to be United by the United States to global standards in plementation Plans; Pennsylvania; Revision States District Judge for the Southern Dis- the transfer of small arms and light weap- to the 1-Hour Ozone Maintenance Plan for trict of Ohio. the Pittsburgh-Beaver Valley Area to Re- Isaac Fulwood, Jr., of the District of Co- ons, and for other purposes; to the Com- flect the Use of MOBILE6’’ (FRL#7777–9) re- lumbia, to be a Commissioner of the United mittee on Foreign Relations. OL- ceived on June 24, 2004; to the Committee on States Parole Commission for a term of six By Mr. AKAKA (for himself, Ms. C LINS, Mr. GRASSLEY, Mr. LEVIN, Mr. Environment and Public Works. years. EC–8376. A communication from the Dep- LEAHY, Mr. DURBIN , Mr. FITZGERALD, uty Associate Administrator, Environmental (Nominations without an asterisk Mr. PRYOR, Mr. VOINOVICH, Mr. JOHN- Protection Agency, transmitting, pursuant were reported with the recommenda- SON, Mr. DAYTON, Mr. LIEBERMAN, and to law, the report of a rule entitled ‘‘Ap- tion that they be confirmed.) Mr. LAUTENBERG):

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7828 CONGRESSIONAL RECORD — SENATE July 8, 2004 S. 2628. A bill to amend chapter 23 of title Mrs. FEINSTEIN, Mr. GRAHAM of Flor- advantaged children with access to 5, United States Code, to clarify the disclo- ida, Mr. GRASSLEY, Mr. GREGG, Mr. dental services. sures of information protected from prohib- HAGEL, Mr. HOLLINGS, Mr. INOUYE, ited personnel practices, require a statement Mr. JOHNSON, Mr. KENNEDY, Ms. LAN- S. 1428 in nondisclosure policies, forms, and agree- DRIEU, Mr. LEVIN, Mr. LIEBERMAN, At the request of Mr. MCCONNELL, ments that such policies, forms, and agree- Mrs. LINCOLN, Mr. LUGAR, Mr. MIL- the names of the Senator from Okla- ments conform with certain disclosure pro- LER, Ms. MURKOWSKI, Mrs. MURRAY, tections, provide certain authority for the Mr. NELSON of Florida, Mr. ROCKE- homa (Mr. INHOFE), the Senator from Special Counsel, and for other purposes; to FELLER, Mr. SARBANES, Mr. SESSIONS, Idaho (Mr. CRAPO) and the Senator the Committee on Governmental Affairs. Ms. SNOWE, Mr. SPECTER, Mr. from Minnesota (Mr. COLEMAN) were By Mrs. BOXER (for herself and Ms. SUNUNU, Mr. TALENT, Mr. THOMAS, added as cosponsors of S. 1428, a bill to MIKULSKI): Mr. VOINOVICH, Mr. WARNER, Mr. prohibit civil liability actions from S. 2629. A bill to amend the Medicare Pre- WYDEN, and Mr. SMITH): being brought or continued against scription Drug, Improvement, and Mod- S. Res. 401. A resolution designating the food manufacturers, marketers, dis- ernization Act of 2003 to eliminate the cov- week of November 7 through November 13, erage gap, to eliminate HMO subsidies, to re- 2004, as ‘‘National Veterans Awareness tributors, advertisers, sellers, and peal health savings accounts, and for other Week’’ to emphasize the need to develop edu- trade associations for damages or in- purposes; read the first time. cational programs regarding the contribu- junctive relief for claims of injury re- By Mrs. BOXER: tions of veterans to the country; to the Com- sulting from a person’s weight gain, S. 2630. A bill to amend title 5, United mittee on the Judiciary. obesity, or any health condition re- States Code to establish a national health By Mr. BINGAMAN (for himself and lated to weight gain or obesity. program administered by the Office of Per- Mr. DOMENICI): sonnel Management to offer Federal em- S. Con. Res. 121. A concurrent resolution S. 1704 ployee health benefits plans to individuals supporting the goals and ideals of the World who are not Federal employees, and for other Year of Physics; to the Committee on En- At the request of Ms. COLLINS, the purposes; read the first time. ergy and Natural Resources. name of the Senator from Illinois (Mr. By Mrs. BOXER: f DURBIN) was added as a cosponsor of S. S. 2631. A bill to require the Federal Trade 1704, a bill to amend the Public Health Commission to monitor and investigate gas- ADDITIONAL COSPONSORS Service Act to establish a State family oline prices under certain circumstances; S. 68 support grant program to end the prac- read the first time. By Mrs. BOXER: At the request of Mr. NELSON of Flor- tice of parents giving legal custody of S. 2632. A bill to establish a first responder ida, his name was added as a cosponsor their seriously emotionally disturbed and terrorism preparedness grant informa- of S. 68, a bill to amend title 38, United children to State agencies for the pur- tion hotline, and for other purposes; read the States Code, to improve benefits for pose of obtaining mental health serv- first time. Filipino veterans of World War II, and ices for those children. By Mrs. BOXER: for other purposes. S. 2633. A bill to amend the Federal Power S. 1988 S. 307 Act to provide refunds for unjust and unrea- At the request of Mr. EDWARDS, the sonable charges on electric energy in the At the request of Mr. DEWINE, the State of California; read the first time. name of the Senator from Florida (Mr. name of the Senator from New York By Mr. DODD (for himself, Mr. DEWINE, NELSON) was added as a cosponsor of S. (Mrs. CLINTON) was added as a cospon- Mr. REED, Mr . SMITH, Mr. REID, Mr. 307, a bill to designate the Federal sor of S. 1988, a bill to amend titles DASCHLE, Mr. FRIST, Mr. KENNEDY, building and United States courthouse XVIII and XIX of the Social Security Mrs. CLINTON, Mr. LAUTENBERG, Mr. located at 200 West 2nd Street in Day- Act to establish minimum require- LEVIN, Mr. KOHL, Ms. STABENOW, Mr. ton, Ohio, as the ‘‘Tony Hall Federal ments for nurse staffing in nursing fa- PRYOR, Mrs. HUTCHISON, Mr. DOMEN- Building and United States Court- cilities receiving payments under the ICI, Mr. WARNER, Mr. MCCONNELL, Mr. Medicare or Medicaid Program. GRAHAM of South Carolina, Mr. house’’. AKAKA, Mr. ROBERTS, Mr. LEAHY, Ms. S. 700 S. 2175 MURKOWSKI, Mr. HARKIN, Mr. JOHN- At the request of Mr. CAMPBELL, the SON, Mr. BINGAMAN, Mr. JEFFORDS, name of the Senator from Massachu- At the request of Mr. DODD, the Mr. LIEBERMAN, Mrs. MURRAY, Mr. setts (Mr. KERRY) was added as a co- names of the Senator from Vermont DORGAN, Ms. SNOWE, Mr. NICKLES, sponsor of S. 700, a bill to provide for (Mr. JEFFORDS), the Senator from Alas- Mr. CORZINE, Mr. HATCH, Mr. WYDEN, the promotion of democracy, human ka (Ms. MURKOWSKI) and the Senator and Mr. DURBIN): from Vermont (Mr. LEAHY) were added S. 2634. An act to amend the Public Health rights, and rule of law in the Republic of Belarus and for the consolidation as cosponsors of S. 2175, a bill to amend Service Act to support the planning, imple- the Public Health Service Act to sup- mentation, and evaluation of organized ac- and strengthening of Belarus sov- tivities involving statewide youth suicide ereignty and independence. port the planning, implementation, and evaluation of organized activities in- early intervention and prevention strategies, S. 720 volving statewide youth suicide early to provide funds for campus mental and be- At the request of Mr. JEFFORDS, the havioral health service centers, and for other name of the Senator from Alabama intervention and prevention strategies, purposes; considered and passed. and for other purposes. By Ms. COLLINS (for herself and Mr. (Mr. SESSIONS) was added as a cospon- LIEBERMAN): sor of S. 720, a bill to amend title IX of S. 2305 S. 2635. A bill to establish an intergovern- the Public Health Service Act to pro- At the request of Mr. HAGEL, the mental grant program to identify and de- vide for the improvement of patient name of the Senator from Hawaii (Mr. velop homeland security information, equip- safety and to reduce the incidence of ment, capabilities, technologies, and services INOUYE) was added as a cosponsor of S. events that adversely effect patient 2305, a bill to authorize programs that to further the homeland security needs of safety. Federal, State, and local governments; to support economic and political devel- the Committee on Governmental Affairs. S. 1068 opment in the Greater Middle East and f At the request of Mr. DODD, the name Central Asia and support for three new of the Senator from Indiana (Mr. SUBMISSION OF CONCURRENT AND multilateral institutions, and for other LUGAR) was added as a cosponsor of S. SENATE RESOLUTIONS purposes. 1068, a bill to amend the Public Health The following concurrent resolutions Service Act to establish grant pro- S. 2367 and Senate resolutions were read, and grams to provide for education and At the request of Mr. REID, the name referred (or acted upon), as indicated: outreach on newborn screening and co- of the Senator from Hawaii (Mr. By Mr. BIDEN (for himself, Mr. ALLEN, ordinated followup care once newborn INOUYE) was added as a cosponsor of S. Mr. BOND, Mrs. BOXER, Mr. BREAUX, screening has been conducted, and for 2367, a bill to amend chapters 83 and 84 Mr. BUNNING, Mr. CAMPBELL, Ms. other purposes. of title 5, United States Code, to pro- CANTWELL, Mr. CARPER, Mr. CHAFEE, S. 1142 vide Federal retirement benefits for Mr. CHAMBLISS, Mrs. CLINTON, Mr. COCHRAN, Mr. COLEMAN, Ms. COLLINS, At the request of Mr. BINGAMAN, the United States citizen employees of Air Mr. CONRAD, Mr. CORNYN, Mr. name of the Senator from New Jersey America, Inc., its subsidiary Air Asia CORZINE, Mr. DAYTON, Mrs. DOLE, Mr. (Mr. LAUTENBERG) was added as a co- Company Limited, or the Pacific Divi- DORGAN, Mr. DURBIN, Mr. FEINGOLD, sponsor of S. 1142, a bill to provide dis- sion of Southern Air Transport, Inc.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7829 S. 2416 and implement local, school-based pro- Courthouse in Washington, DC as the At the request of Mr. NELSON of Flor- grams designed to reduce and prevent ‘‘William B. Bryant Annex.’’ ida, the name of the Senator from West childhood obesity, promote increased Thomas F. Hogan, this Court’s cur- Virginia (Mr. ROCKEFELLER) was added physical activity, and improve nutri- rent Chief Judge, has expressed his sup- as a cosponsor of S. 2416, a bill to en- tional choices. port and the unanimous support of the sure that advertising campaigns paid S. 2566 other judges on the District Court for for by the Federal Government are un- At the request of Mr. BINGAMAN, the the District of Columbia. I am proud to biased, and for other purposes. names of the Senator from Maryland join with Congresswoman ELEANOR S. 2436 (Mr. SARBANES), the Senator from New HOLMES NORTON in moving ahead with the Chief Judge’s request. At the request of Mr. INOUYE, the York (Mr. SCHUMER) and the Senator Judge Bryant served with distinction name of the Senator from Colorado from Massachusetts (Mr. KENNEDY) of the U.S. District Court for the Dis- (Mr. CAMPBELL) was added as a cospon- were added as cosponsors of S. 2566, a trict of Columbia since 1965. He was the sor of S. 2436, a bill to reauthorize the bill to amend title II of the Social Se- Chief Judge on that court from March Native American Programs Act of 1974. curity Act to phase out the 24-month 1977 to September 1981. waiting period for disabled individuals S. 2503 Judge Bryant graduated from How- to become eligible for medicare bene- At the request of Mr. KYL, the name ard University in 1932, and from How- of the Senator from Kentucky (Mr. fits, to eliminate the waiting period for ard University Law School, receiving BUNNING) was added as a cosponsor of individuals with life-threatening condi- an LL.B. in 1936. S. 2503, a bill to make permanent the tions, and for other purposes. Judge Bryant’s lengthy public serv- reduction in taxes on dividends and S.J. RES. 40 ice career is one of great distinction. In capital gains. At the request of Mr. ALLARD, the addition to the time he spent on the S. 2526 names of the Senator from Idaho (Mr. Federal bench, Judge Bryant served in CRAPO) and the Senator from Idaho At the request of Mr. BOND, the name the United States Army during World of the Senator from Massachusetts (Mr. CRAIG) were added as cosponsors of War II and as an Assistant U.S. Attor- S.J. Res. 40, a joint resolution pro- (Mr. KERRY) was added as a cosponsor ney for the District of Columbia. After of S. 2526, a bill to reauthorize the Chil- posing an amendment to the Constitu- serving four and one half years as Chief dren’s Hospitals Graduate Medical Edu- tion of the United States relating to Judge, Judge Bryant took senior status cation Program. marriage. in January of 1982. S. CON. RES. 110 Naming the new annex to the E. Bar- S. 2533 At the request of Mr. CAMPBELL, the rett Prettyman courthouse after Judge At the request of Ms. MIKULSKI, the Bryant would be a fitting tribute to names of the Senator from Mississippi names of the Senator from Massachu- setts (Mr. KERRY) and the Senator from this distinguished jurist. Much like (Mr. COCHRAN), the Senator from Texas Virginia (Mr. ALLEN) were added as co- Judge Prettyman, Judge Bryant had an (Mr. CORNYN) and the Senator from sponsors of S. Con. Res. 110, a concur- illustrious career in public service and Vermont (Mr. LEAHY) were added as co- rent resolution expressing the sense of on the bench. I am honored to offer sponsors of S. 2533, a bill to amend the this legislation, and I urge my col- Public Health Service Act to fund Congress in support of the ongoing leagues to join Congresswoman NORTON breakthroughs in Alzheimer’s disease work of the Organization for Security and Cooperation in Europe (OSCE) in and me in support of this well-deserved research while providing more help to commendation. caregivers and increasing public edu- combating anti-Semitism, racism, xen- ophobia, discrimination, intolerance, cation about prevention. By Mr. JEFFORDS (for himself, and related violence. S. 2534 Mr. LAUTENBERG, Mr. REID, Mr. S. CON. RES. 119 At the request of Mr. NELSON of Flor- WYDEN, Mr. CARPER, Mr. HAR- At the request of Mr. CAMPBELL, the ida, his name was added as a cosponsor KIN, Mr. LEAHY, and Mrs. CLIN- names of the Senator from Louisiana of S. 2534, a bill to amend title 38, TON): (Mr. BREAUX), the Senator from Utah United States Code, to extend and en- S. 2620. A bill to provide for the es- (Mr. HATCH) and the Senator from hance benefits under the Montgomery tablishment of an Office of High-Per- Michigan (Ms. STABENOW) were added GI Bill, to improve housing benefits for formance Green Buildings, and for as cosponsors of S. Con. Res. 119, a con- veterans, and for other purposes. other purposes; to the Committee on current resolution recognizing that S. 2545 Environment and Public Works. prevention of suicide is a compelling Mr. JEFFORDS. Mr. President, I rise At the request of Mr. NELSON of Flor- national priority. today to introduce the ‘‘High Perform- ida, the name of the Senator from Indi- S. RES. 389 ance Green Buildings Act of 2004.’’ ana (Mr. LUGAR) was added as a cospon- At the request of Mr. CAMPBELL, the I would like to thank Senator LAU- sor of S. 2545, a bill to amend titles name of the Senator from Indiana (Mr. TENBERG and the other cosponsors for XVIII and XIX of the Social Security LUGAR) was added as a cosponsor of S. working with me to introduce this im- Act and title III of the Public Health Res. 389, a resolution expressing the portant legislation. Service Act to improve access to infor- sense of the Senate with respect to Preliminary studies are showing that mation about individuals’ health care prostate cancer information. high-performance green buildings gen- options and legal rights for care near f erate huge savings in operations and the end of life, to promote advance maintenance costs due to their effi- care planning and decisionmaking so STATEMENTS ON INTRODUCED cient operating systems. These studies that individuals’ wishes are known BILLS AND JOINT RESOLUTIONS have also demonstrated that high-per- should they become unable to speak for By Mr. LEAHY: formance green buildings provide a themselves, to engage health care pro- S. 2619. A bill to designate the annex healthier work environment for the oc- viders in disseminating information to the E. Barrett Prettyman Federal cupants, resulting in fewer absences about and assisting in the preparation Building and United States Courthouse due to illness. The outcome is huge of advance directives, which include located at 333 Constitution Ave. North- savings in health related costs. All of living wills and durable powers of at- west in Washington, District of Colum- these savings are generated, while sus- torney for health care, and for other bia, as the ‘‘Judge William B. Bryant taining very little impact on their sur- purposes. Annex to the E. Barrett Prettyman rounding environment. S. 2551 Federal Building and United States In the United States, buildings ac- At the request of Mr. FRIST, the Courthouse’’; to the Committee on En- count for: 36 percent of total energy name of the Senator from Mississippi vironment and Public Works. use; 65 percent of electricity consump- (Mr. COCHRAN) was added as a cospon- Mr. LEAHY. Mr. President, I am tion; 30 percent of greenhouse gas emis- sor of S. 2551, a bill to reduce and pre- pleased to introduce a bill to designate sions; 30 percent of raw materials use; vent childhood obesity by encouraging the recently-constructed annex to the 30 percent of waste output and 12 per- schools and school districts to develop E. Barrett Prettyman United States cent of potable water consumption.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7830 CONGRESSIONAL RECORD — SENATE July 8, 2004 Why not build buildings that strive to at the upfront cost of a building. It has Sec. 202. Federal guidelines for siting of conserve our precious resources and re- been documented that high-perform- school facilities. duce the harmful pollutants that are ance green buildings recover any ini- Sec. 203. Education research program. damaging to the environment? tial upfront costs from incorporating Sec. 204. Authorization of appropriations. In an era of great security concern, efficient systems within the first few TITLE III—STRENGTHENING FEDERAL green buildings have reduced energy re- years of operation. The average life of LEADERSHIP. quirements and may use renewable a federal building is 50 years. In the Sec. 301. General Accounting Office. sources of energy that are off the elec- times of soaring budget deficits, it is TITLE IV—DEMONSTRATION PROJECT. tricity grid. Green buildings also use imperative that the Federal Govern- Sec. 401. Coordination of goals. less water and some even collect rain- ment pursue all cost-saving options. Sec. 402. Authorization of appropriations. water to use throughout the building. High-performance green buildings are SEC. 2. FINDINGS. Should there be a terrorist act that not just for federal buildings, but in- Congress finds that— damages or destroys our Nation’s re- volve any type of building, including (1) buildings have profound impacts on the sources, these buildings could assist in schools. This legislation also focuses environment, energy use, and health of individuals, and numerous studies suggest that keeping our government up and run- on providing healthier, more efficient building environments affect worker produc- ning. school facilities for our children. The tivity; There is no downside to utilizing bill provides $10 million in grants to (2) buildings in the United States consume high-performance buildings. This ini- state and local education agencies for 37 percent of the energy, 68 percent of the tiative is taking off in the private sec- technical assistance and the implemen- electricity, and 12 percent of the potable tor. According to the US Green Build- tation of the Environmental Protec- water used in the United States, and overall ing Council, there are 118 certified tion Agency’s, EPA, Tools for Schools construction of buildings (including con- green buildings across the United Program. The bill will help schools destruction of related infrastructure) consumes States with 1,395 in the pipeline. This 60 percent of all raw materials used in the velop plans to focus on the design, con- economy of the United States (excluding ma- legislation would ensure that the Fed- struction, and renovation of school fa- terials used for food or fuel); eral Government is keeping pace with cilities, and look at systematic im- (3) in the United States, buildings gen- the real world and doing its part to provements for school siting, indoor air erate— protect the environment and provide a quality, reducing contaminants, and (A) 40 percent of the nonindustrial waste safe work place for its employees. other health issues. This legislation stream; The General Services Administra- also encourages research to study the (B) 31 percent of the mercury in municipal tion, GSA, is the largest landlord in effects that these systems are having solid waste; and (C) 35 percent of the carbon dioxide (the the United States, with over 8,700 on student health and productivity. buildings in their current inventory. primary greenhouse gas associated with cli- Our children deserve to learn in an en- mate change), 49 percent of the sulfur diox- This legislation creates an office with- vironment that is safe and conducive ide, and 25 percent of the nitrogen oxides in GSA to oversee the green building to learning. found in the air; efforts of agencies within the govern- Lastly, this bill will promote leader- (4) buildings contribute to the ‘‘heat island ment. GSA is a natural leader to focus ship within the Federal Government effect’’ by eliminating vegetative cover and on our federal buildings and ensure and provide incentives for government using paving and roofing materials that ab- that they are safe, healthy, and effi- agencies to build high-performance sorb heat and raise ambient temperatures, cient. green buildings. It also creates a clear- accelerating the reaction that forms ground- This legislation will coordinate the level ozone; inghouse to keep individuals and enti- (5) according to the Environmental Protec- efforts within the Federal Government ties, including Congress and the gov- tion Agency, on average, people in the to promote high-performance green ernment, informed on the information United States spend approximately 90 per- buildings, provide public outreach, and and services that the Office will pro- cent of their time indoors, where the con- expand existing research. vide. centration of pollutants may be 2 to 5 times The bill creates an Interagency I strongly encourage your support of and, in some cases, 100 times, higher than Steering Committee to advise the Of- the ‘‘High-Performance Green Build- pollution concentrations in outdoor air; fice within GSA. The Committee will ings Act of 2004.’’ This has been a long (6) the Centers for Disease Control and the be comprised of key representatives of time coming and will benefit all of us. Environmental Protection Agency have con- each relevant agency, state and local nected poor indoor air quality to signifi- I ask unanimous consent that the cantly elevated rates of mortality; governments, nongovernment organiza- ‘‘High-Performance Green Buildings (7) health impacts from building materials, tions, and experts within the building Act of 2004’’ be printed in the RECORD. such as adhesives, paints, carpeting, and community. This Committee will en- There being no objection, the bill was pressed-wood products, which may emit pol- sure that the Federal Government ordered to be printed in the RECORD, as lutants such as formaldehyde or other vola- stays up to date with technology and follows: tile organic compounds, are still uncertain the latest advancements to ensure that S. 2620 but are believed to be potentially significant; high-performance buildings operate ef- Be it enacted by the Senate and House of Rep- (8) according to the Building Owners and ficiently while continuing to provide a resentatives of the United States of America in Managers Association, because costs relating Congress assembled, healthier environment for the occu- to employees, at $130 per square foot annu- pants. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ally (including health insurance costs), are In addition, research efforts will be (a) SHORT TITLE.—This Act may be cited as by far the highest business costs of a build- expanded to focus on buildings and the the ‘‘High-Performance Green Buildings ing, as opposed to total energy costs at $1.81 impacts that their systems have on Act’’. per square foot, measures to improve the in- (b) TABLE OF CONTENTS.—The table of con- door air quality of a building can be an im- human health and worker productivity. tents of this Act is as follows: portant investment in reducing long-term We just don’t know enough. Are we Sec. 1. Short title; table of contents making our employees sick by pro- employee costs; Sec. 2. Findings (9) the use of energy efficient systems and viding poor workspace? Sec. 3. Definitions alternative sources of energy— The High-Performance Green Build- TITLE I—OFFICE OF HIGH- (A) reduces building costs; and ings Act also requires that a good hard PERFORMANCE GREEN BUILDINGS. (B) improves the security of the United look be taken at the budget process we Sec. 101. Oversight. States by ensuring continuing operations de- have used for years and explore ways to Sec. 102. Office of High-Performance Green spite any potential interruptions in the pri- improve the approval process for gov- Buildings. mary energy supply of the United States as ernment projects. We need to grow Sec. 103. Interagency Steering Committee. a result of terrorism or other disruptions of Sec. 104. Public outreach. the electricity grid; with the times and ensure that our Sec. 105. Research and development. budget process allows us to take into (10) by integrating issues relating to nat- Sec. 106. Budget and life-cycle costing. ural resource use, human health, materials account life-cycle costing. This means Sec. 107. Authorization of appropriations. use, transportation needs, and other con- that we allow our financial experts to TITLE II—HEALTHY HIGH- cerns into planning the life cycle of a build- factor in savings that green buildings PERFORMANCE SCHOOLS. ing, architects, designers, and developers can generate over time, and don’t just look Sec. 201. Grants for schools. construct buildings that—

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7831 (A) are healthier for occupants; conception of a green building project and (5) in partnership with the Comptroller (B) reduce environmental impacts; and continuing through siting, design, construc- General, review and analyze budget and life- (C) are less wasteful of resources; tion, landscaping, commissioning, operation, cycle costing issues in accordance with sec- (11) a well-designed high-performance maintenance, renovation, deconstruction, tion 106; green building can be less expensive to build and removal of the green building. (6) complete and submit a report in accord- and operate throughout the lifetime of the (6) LIFE CYCLE ASSESSMENT.—The term ance with subsection (c); and building than a building that is not a high- ‘‘life cycle assessment’’ means a comprehen- (7) carry out implementation plans de- performance green building; sive system approach for measuring the envi- scribed in subsection (d). (12) in 2003, in the document entitled ‘‘The ronmental performance of a product or serv- (c) REPORT.—Not later than 2 years after Federal Commitment to Green Building: Ex- ice that includes an analysis of the environ- the date of enactment of this Act, and bien- periences and Expectations’’, the Office of mental impacts of— nially thereafter, the Office shall submit to the Federal Environmental Executive found (A) each stage in the life of the product or Congress and the Comptroller General a re- that ‘‘[t]here is a mixture of diverse Federal service (including acquisition of raw mate- port that— green building mandates in law, regulation, rials, product manufacture, transportation, (1) describes the status of the implementa- and Executive Orders, but not one definitive, installation, operation and maintenance, and tion of programs under this Act and other clear, and unified policy statement on envi- waste management); and Federal programs in effect as of the date of ronmental design. Many within the Federal (B) each component of the product or serv- the report, including— government are working on green buildings, ice. (A) the extent to which the programs are but additional coordination and integration (7) LIFE-CYCLE COSTING.—The term ‘‘life- being carried out in accordance with this are needed.’’; cycle costing’’, with respect to a high-per- Act; and (13) a central coordinating Federal author- formance green building, means an analysis (B) the status of funding requests and ap- ity for green buildings would increase effi- of economic costs of impacts and choices propriations for those programs; ciency of, improve communication between, made regarding materials used and activities (2) identifies steps within the planning, and reduce duplication within green building carried out with respect to the life cycle of budgeting, and construction process of Fed- programs; and the high-performance green building. eral facilities that inhibit new and existing (14) the General Services Administration, (8) LOCAL EDUCATIONAL AGENCY.—The term Federal facilities from becoming high-per- as the largest civilian landlord in the United ‘‘local educational agency’’ has the meaning formance green buildings, as measured by— States, managing more than 8,300 buildings given the term in section 9101 of the Elemen- (A) a silver rating, as defined by the Lead- owned or leased by the United States, is the tary and Secondary Education Act of 1965 (20 ership in Energy and Environmental Design appropriate agency to provide Federal agen- U.S.C. 7801). Building Rating System standard established cy coordination of green building programs. (9) OFFICE.—The term ‘‘Office’’ means the by the United States Green Building Council; or SEC. 3. DEFINITIONS. Office of High-Performance Green Buildings (B) an improved or higher rating standard In this Act: established under section 102(a). as identified, and reassessed biannually, by (1) ADMINISTRATOR.—The term ‘‘Adminis- TITLE I—OFFICE OF HIGH-PERFORMANCE the Committee; trator’’ means the Administrator of General GREEN BUILDINGS (3) identifies inconsistency of Federal Services. SEC. 101. OVERSIGHT. agencies with Federal law in product acqui- (2) COMMITTEE.—The term ‘‘Committee’’ (a) IN GENERAL.—The Administrator shall sition guidelines and high-performance prod- means the steering committee established establish within the General Services Ad- uct guidelines; under section 103(a). ministration, and appoint an appropriate in- (4) recommends language for uniform (3) HIGH-PERFORMANCE GREEN BUILDING.— dividual to, a position in the career-reserved standards for use by Federal agencies in en- The term ‘‘high-performance green building’’ Senior Executive service to— vironmentally responsible acquisition; and means a building the life cycle of which— (1) establish and oversee the Office of High- (5) includes, for the 2-year period covered (A) increases the efficiency with which the Performance Green Buildings in accordance by the report, recommendations to address building— with section 102; and each of the matters, and a plan and deadline (i) reduces energy, water, and material re- (2) carry out other duties as required under for implementation of each of the rec- source use; this Act. ommendations, described in paragraphs (1) (ii) improves indoor environmental qual- (b) COMPENSATION.—The compensation of through (4). ity, reduces indoor pollution, improves ther- the individual appointed under subsection (a) (d) IMPLEMENTATION PLAN.—The Office, in mal comfort, and improves lighting and shall not exceed the maximum rate of basic consultation with the Comptroller General, noise environments that affect occupant pay for the Senior Executive Service under shall carry out each plan for implementation health and productivity; section 5382 of title 5, United States Code, in- of recommendations under subsection (c)(5). (iii) reduces negative impacts on the envi- cluding any applicable locality-based com- SEC. 103. INTERAGENCY STEERING COMMITTEE. ronment throughout the life cycle of the parability payment that may be authorized (a) ESTABLISHMENT.—Not later than 180 building, including air and water pollution under section 5304(h)(2)(C) of that title. days after the date of enactment of this Act, and waste generation; SEC. 102. OFFICE OF HIGH-PERFORMANCE the Office shall establish within the Office a (iv) increases the use of environmentally GREEN BUILDINGS. steering committee. preferable products, including biobased, re- (a) ESTABLISHMENT.—The individual ap- (b) MEMBERSHIP.—The Committee shall be cycled content, and nontoxic products with pointed under section 101(a), in partnership composed of representatives of, at a min- lower life-cycle impacts; with the Administrator of the Environ- imum— (v) reduces the negative impacts of emis- mental Protection Agency, the Office of the (1) each agency referred to in section sions under the Clean Air Act (42 U.S.C. 7401 Federal Environmental Executive, the Sec- 102(a); et seq.); retary of Energy, the Secretary of Com- (2) State and local governments; (vi) integrates systems in the building; and merce, the Secretary of Defense, the Sec- (3) nongovernmental organizations, includ- (vii) reduces the environmental impacts of retary of Homeland Security, the Secretary ing the United State Green Building Council, transportation through building location and of Health and Human Services, the Director the American Council for an Energy-Effi- site design that support a full range of trans- of the Office of Management and Budget, and cient Economy, and the Rocky Mountain In- portation choices for users of the building; heads of other relevant Federal agencies, stitute; (B) considers indoor and outdoor impacts shall establish within the General Services (4) building design, development, and fi- of the building on human health and the en- Administration an Office of High-Perform- nance sectors in the private sector; and vironment, including— ance Green Buildings. (5) building owners, developers, and equip- (i) improvements in worker productivity; (b) DUTIES.—The Office shall— ment manufacturers, including renewable, (ii) the life-cycle impacts of building mate- (1) ensure full coordination and collabora- control, combined heat and power, and other rials and operations; and tion with all relevant agencies; relevant technologies, as determined by the (iii) other factors that the Office considers (2) establish a senior-level Federal inter- Office. to be appropriate. agency steering committee in accordance (c) DUTIES.—The Committee shall— (4) HIGH-PERFORMANCE SCHOOL.—The term with section 103; (1) assess Federal activities and compli- ‘‘high-performance school’’ has the meaning (3) provide information through— ance with Federal law applicable to high-per- given the term ‘‘healthy, high-performance (A) outreach; formance green buildings; school building’’ in section 5586 of the Ele- (B) education; (2) make recommendations for expansion mentary and Secondary Education Act of (C) the provision of technical assistance; of existing efforts and development of new 1965 (20 U.S.C. 7277e). and efforts to support activities relating to the (5) LIFE CYCLE.—The term ‘‘life cycle’’, (D) the development of a national high-per- life cycles of high-performance green build- with respect to a high-performance green formance green building clearinghouse in ac- ings by the Federal Government, including building, means all stages of the useful life cordance with section 104; consideration of the benefits to national se- of the high-performance green building (in- (4) provide for research and development curity and implementation of the Americans cluding components, equipment, systems, relating to high-performance green building with Disabilities Act of 1990 (42 U.S.C. 12101 and controls of the building) beginning at initiatives under section 105(a); et seq.);

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7832 CONGRESSIONAL RECORD — SENATE July 8, 2004 (3) evaluate current high-performance (2) to recommend new areas for research; accrue from high-performance green build- green building standards and recommend im- and ings. proved, higher, or supplemental rating (3) to promote the development and dis- SEC. 107. AUTHORIZATION OF APPROPRIATIONS. standards, as necessary, that are consistent semination of high performance green build- There are authorized to be appropriated to with the responsibilities of the Federal Gov- ing tools. carry out this title $2,000,000 for each of fis- ernment under this Act and other applicable (b) DUTIES.—In carrying out this section, cal years 2005 through 2010. the Office shall— law; and TITLE II—HEALTHY HIGH-PERFORMANCE (1) ensure interagency coordination of rel- (4) provide to the individual appointed SCHOOLS under section 101(a) such recommendations evant research; relating to Federal activities carried out (2) develop and direct a Federal high-per- SEC. 201. GRANTS FOR SCHOOLS. (a) IN GENERAL.—The Administrator of the under sections 104 through 106 as are agreed formance green building research plan that Environmental Protection Agency may pro- to by a majority of the members of the Com- identifies information needs and research mittee. that should be addressed and provides meas- vide grants to State educational agencies and local educational agencies for use in— SEC. 104. PUBLIC OUTREACH. urement tools— (1) providing intensive technical assistance (a) ESTABLISHMENT.—The Office, in close (A) to quantify the relationships between for and assisting the implementation of the coordination with Federal agencies and de- human health and occupant productivity and partments that perform related functions, each of— Tools for Schools Program of the Environ- shall carry out public outreach— (i) pollutant emissions from materials and mental Protection Agency; and (1) to inform individuals and entities in the products in the building; (2) development of State-level school envi- public sector, including the Federal Govern- (ii) natural day lighting; ronmental quality plans, in partnership with ment, of the information and services avail- (iii) ventilation choices and technologies; the Environmental Protection Agency, that able through the Office; and (iv) heating and cooling choices and tech- may include— (2) to determine how to most effectively nologies; (A) standards for school building design, deliver that information to the individuals (v) moisture control and mold; construction, and renovation; and entities. (vi) maintenance, cleaning, and pest con- (B) identification of ongoing school build- (b) DUTIES.—In carrying out this section, trol activities; ing environmental problems in the State; the Office, in close cooperation with Federal (vii) acoustics; and (C) proposals for the systematic improve- agencies and departments that perform re- (viii) other issues relating to the health, ment (including benchmarks and timelines) lated functions, shall— comfort, productivity, and performance of of environmental conditions in schools (1) establish and maintain a national high- occupants of the building; throughout the State, including with respect performance green building clearinghouse on (B) to monitor and assess the life-cycle to— the Internet that— performance of public facilities (including (i) school building siting, construction, and (A) coordinates and enhances existing demonstration projects) built as high-per- maintenance; similar efforts; and formance green buildings, including through (ii) indoor air quality; (B) provides information relating to high- consideration of the report required under (iii) pest control; performance green buildings, including— section 401(b)(1)(D); and (iv) radon contamination; (i) information on, and hyperlinks to Inter- (C) to quantify, review, and standardize (v) lead contamination; net sites that describe, the activities of the techniques for use in performing life cycle (vi) environmentally preferable purchasing Federal Government; assessments; of products for instruction and maintenance; (ii) hyperlinks to Internet sites relating (3) assist the budget and life-cycle costing (vii) hazard identification and remediation; to— functions of the Office under section 106 in and (I) State and local governments; the development and implementation of per- (viii) maximization of transportation (II) the private sector; and formance-based standards and life-cycle cost choices for students, staff, and other mem- (III) international activities; and measures, including the development of per- bers of the community; and (iii) information on the exposure of chil- formance measure tools and software for use (D) recommendations for improvements in dren to environmental hazards in school fa- by Federal agencies and other interested en- the capacity of the State to track child and cilities, as provided by the Administrator of tities; and adult health complaints relating to schools. the Environmental Protection Agency; (4) support other research initiatives deter- (b) COST SHARING.— (2) develop clear guidance and educational mined by the Office to contribute to (1) FEDERAL SHARE.—The Federal share of materials for use by Federal agencies in im- mainstreaming of high-performance plan- the cost of a project or activity carried out plementing high-performance green building ning, design, construction, and operation and using funds from a grant under subsection practices; management of buildings. (a) shall not exceed 90 percent. (3) develop and conduct training sessions SEC. 106. BUDGET AND LIFE-CYCLE COSTING. (2) NON-FEDERAL SHARE.—The non-Federal with budget specialists and contracting per- (a) ESTABLISHMENT.—The Office, in coordi- share of the cost of a project or activity car- sonnel from Federal agencies and budget ex- nation with the Office of Management and ried out using funds from a grant under sub- aminers to apply life-cycle cost criteria to Budget and relevant agencies, shall carry section (a) may be provided in the form of actual projects; out budget and life-cycle costing for green cash or in-kind goods and services, including (4) provide technical assistance on methods buildings. goods and services used to create of using tools and resources to make more (b) DUTIES.—In carrying out this section, prototypical designs. cost-effective, health protective, and envi- the Office shall— (c) GRANT PRIORITY.— ronmentally beneficial decisions for con- (1) consult, as necessary, the report of the (1) IN GENERAL.—In providing grants under structing high-performance green buildings; Office of the Federal Environmental Execu- this section for use in carrying out the pro- (5) assist all branches of government at the tive entitled ‘‘The Federal Commitment to gram referred to in subsection (a)(1), the Ad- Federal, State, and local levels, and any Buildings: Experiences and Expectations’’ ministrator of the Environmental Protection other interested entity, by providing infor- and dated September 2003; Agency shall give priority to school districts mation on relevant application processes for (2) be responsible for— that have a demonstrated need for environ- certifying a high-performance green build- (A) examining policy of the Office of Man- mental improvement. ing, including certification and commis- agement and Budget relating to life-cycle (2) RESPONSIBILITY OF SCHOOL DISTRICTS sioning; costing for Federal capital investments; AND STATE EDUCATIONAL AGENCIES.— (6) assist interested persons, communities, (B) assisting in the development of clear (A) SCHOOL DISTRICTS.—Not later than 2 businesses, and branches of government with guidance and implementation of life-cycle years after the date of enactment of this technical information, technical assistance, cost policy with budget offices of other Fed- Act, and annually thereafter, each school market research, or other forms of assist- eral agencies by establishing a consistent district that receives funds from the Admin- ance, information, or advice that would be standard of life-cycle cost practices for Fed- istrator of the Environmental Protection useful in planning and constructing high-per- eral agencies; Agency to carry out a program described in formance green buildings, particularly with (C) identifying tools that could support the subsection (a) shall submit to the State edu- respect to tools available to conduct life- use of life-cycle costing to assist sound Fed- cational agency with jurisdiction over the cycle cost assessment; eral budget decisionmaking; and school district a report that includes— (7) provide technical training and guidance (D) examining— (i) a list of schools in the districts that, as on high-performance green buildings; and (i) the practicability of linking high per- of the date of the report, have accepted funds (8) obtain such information from other formance green building life cycle stages or other assistance from the Environmental Federal offices, agencies and departments as with Federal budgets; Protection Agency for use in carrying out is necessary to carry out this Act. (ii) the effect that such a link would have this section; and SEC. 105. RESEARCH AND DEVELOPMENT. in reducing barriers to the construction of (ii) an evaluation of the impact of the (a) ESTABLISHMENT.—The Office shall carry high-performance green buildings and ren- funds, including— out research and development— ovation of existing buildings; and (I) general data regarding measures of stu- (1) to survey and coordinate existing re- (iii) means by which to incorporate the dent health and attendance rates before and search and studies; short-term and long-term cost savings that after the intervention; and

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(II) descriptions of toxic or hazardous (6) provides to the Office a biennial report (c) CRITERIA.— cleaning, maintenance, or instructional of all activities carried out under this sec- (1) FEDERAL BUILDINGS.—With respect to products eliminated or reduced in use as part tion. the Federal building at which a demonstra- of the promotion or remediation of the in- SEC. 204. AUTHORIZATION OF APPROPRIATIONS. tion project under this section is conducted, door air quality of schools within the school There is authorized to be appropriated to the Federal building shall— district; and carry out this title $10,000,000 for the period (A) be an appropriate model for a project (iii) basic information on the potential in- of fiscal years 2005 through 2010. involving— fluence of other factors (such as the installa- TITLE III—STRENGTHENING FEDERAL (i) location and design that promote access tion of carpet and HVAC systems and similar LEADERSHIP to the Federal building through walking, biking, and mass transit; activities) on air quality. SEC. 301. GENERAL ACCOUNTING OFFICE. (ii) construction or renovation to meet (B) STATE EDUCATIONAL AGENCY REPORTS.— (a) RESTRUCTURING OF CAPITAL BUDGETS.— Not later than 180 days after the date on Not later than 180 days after the date of sub- high indoor environmental criteria; which each State educational agency has re- mission of the report under 102(c), the Comp- (iii) deployment, and assessment of effec- ceived the annual reports under subpara- troller General shall— tiveness, of high performance technologies; graph (A) from all participating school dis- (1) review the current budget process; and (iv) analysis of life cycles of all materials, components, and systems in the building; tricts, the State educational agency shall (2) develop and submit to Congress an im- and submit to the Administrator of the Environ- plementation plan for life-cycle costing (v) assessment of beneficial impacts on mental Protection Agency and Congress a that— public health and the health of individuals consolidated report of all information re- (A) identifies and incorporates the short- that enter or work in the building; and ceived from the school districts. term and long-term cost savings that accrue (B) possess sufficient technological and or- SEC. 202. FEDERAL GUIDELINES FOR SITING OF from high-performance green buildings; and ganizational adaptability. SCHOOL FACILITIES. (B) includes recommendations for— (2) UNIVERSITIES.—With respect to the 4 (a) IN GENERAL.—Using as a model guide- (i) restructuring of budgets to require the universities at which a demonstration lines such as those of the ‘‘Child Proofing use of complete energy- and environmental- Our Communities’’ School Siting Committee project under this section is conducted— cost accounting; (A) the universities should be selected of the State of California, the Administrator (ii) the use of operations expenditures in of the Environmental Protection Agency based on— budget-related decisions while simulta- (i) successful and established public-pri- shall develop school site acquisition guide- neously incorporating productivity and lines. vate research and development partnerships; health measures (as those measures can be (ii) demonstrated capabilities to construct (b) VULNERABILITY.—The guidelines should quantified by the Office, with the assistance or renovate buildings that meet high indoor contain an analysis of means by which to ac- of universities and national laboratories); count for the special vulnerability of chil- environmental qualities; and (iii) organizational flexibility; dren to chemical exposures in any case in (iii) means by which Federal agencies may (iv) technological adaptability; which the potential for contamination at a be permitted to retain and reuse all identi- (v) energy and environmental effectiveness potential school site is assessed. fied savings accrued as a result of the use of throughout the life cycles of all materials, (c) ACCESSIBILITY.—The guidelines shall in- high-performance life cycle costing for fu- components, and systems deployed within clude an analysis of means by which to maxi- ture high-performance green building initia- the building; and mize transportation choices for students, tives. (vi) the demonstrated capacity of at least 1 staff, and other members of the community. (b) AUDITS.—The Comptroller General may university to replicate lessons learned SEC. 203. EDUCATION RESEARCH PROGRAM. conduct periodic audits of a Federal project among nearby or sister universities, pref- The Administrator of the Environmental over the life of the project to inspect wheth- erably by participation in groups or con- Protection Agency, in partnership with the er— sortia that promote sustainability; Secretary of Education, shall carry out an (1) the design stage of high performance (B) each university shall be located in a education research program that— green building measures were achieved; and different climatic region of the United (1) describes the status and findings of Fed- (2) the high performance building data States, each of which regions shall have, as eral research initiatives established under were collected and reported to the Office. determined by the Office— this Act and other Federal law with respect TITLE IV—DEMONSTRATION PROJECT (i) a hot, dry climate; to education, including relevant updates on SEC. 401. COORDINATION OF GOALS. (ii) a hot, humid climate; trends in the field, such as the impact of (a) IN GENERAL.—The Office shall establish (iii) a cold climate; or school facility environments on— guidelines for a demonstration project con- (iv) a mild climate; (A) student and staff health, safety, and ducted as a public-private partnership to (C) each university shall agree that the fo- productivity; contribute to the research goals of the Of- cuses of the project shall be— (B) students with disabilities or special fice. (i) the effectiveness of various high per- needs; and (b) PROJECTS.—In accordance with guide- formance technologies in each of the 4 cli- (C) student learning capacity; lines established by the Office under sub- matic regions of the United States described (2) provides technical assistance on siting, section (a) and the duties of the Office de- in subparagraph (B); design, management, and operation of school scribed in section 101(b), the individual ap- (ii) the identification of the most effective facilities, including facilities used by stu- pointed under section 101(a) shall carry out— ways to use high performance building and dents with disabilities or special needs; (1) for each of fiscal years 2005 through landscape technologies to engage and edu- (3) once the relevant metrics have been 2008, a demonstration project, in a Federal cate undergraduate and graduate students; identified or developed in accordance with building selected by the Office in accordance and section 105, quantifies the relationships be- with the criteria described in subsection (iii) quantifiable and nonquantifiable bene- tween— (c)(1), that— ficial impacts on public health and worker (A) human health, occupant productivity, (A) provides for the evaluation and, as and student performance. and student performance; and practicable, use of the information obtained SEC. 402. AUTHORIZATION OF APPROPRIATIONS. (B) with respect to school facilities, each through the conduct of projects and activi- (a) FEDERAL DEMONSTRATION PROJECT.— of— ties under this Act; There is authorized to be appropriated to (i) pollutant emissions from materials and (B) requires at least 1 project or activity carry out the Federal demonstration project products; referred to in subparagraph (A) to achieve a described in section 401(b)(1) $5,000,000 for the (ii) natural day lighting; platinum rating, as defined by the Leader- period of fiscal years 2005 through 2010. (iii) ventilation choices and technologies; ship in Energy and Environmental Design (b) UNIVERSITY DEMONSTRATION (iv) heating and cooling choices and tech- Building Rating System standard established PROJECTS.—There is authorized to be appro- nologies; by the United States Green Building Council priated to carry out the university dem- (v) moisture control and mold; (or equivalent rating), for each fiscal year; onstration projects described in section (vi) maintenance, cleaning, and pest con- and 401(b)(2) $10,000,000 for the period of fiscal trol activities; (C) requires the submission to the Office of years 2005 through 2010. (vii) acoustics; and an annual report describing recommenda- Mr. LAUTENBERG. Mr. President, I (viii) other issues relating to the health, tions for the use of information gathered as am pleased to join Senator JEFFORDS comfort, productivity, and performance of a result of programs carried out under this today in introducing the High-Perform- occupants of the school facilities; Act; and ance Green Buildings Act. This legisla- (4) cooperates with federally funded pedi- (2) a demonstration project involving at atric environmental health research centers least 4 universities, that, as determined by tion will reenergize the Federal Gov- to assist in on-site school environmental in- the Office in accordance with subsection ernment’s commitment to building de- vestigations; (c)(2), have appropriate research capability sign and construction into the 21st (5) assists States and State entities in bet- and relevant projects to meet the goals of Century. ter understanding and improving the envi- the demonstration project established by the Buildings have an enormous impact ronmental health of children; and Office. on environmental quality, on energy

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7834 CONGRESSIONAL RECORD — SENATE July 8, 2004 use, and on natural resource consump- tions and increasing daylighting, case safeguard public health. I urge my col- tion. The statistics are staggering. studies have shown that green build- leagues to support this important bill. Buildings devour 37 percent of the en- ings improve occupant productivity ergy used in this country, including 68 and reduce employee absenteeism. This By Mr. GRAHAM of Florida: percent of electricity. They are respon- legislation would provide for research S. 2621. A bill to amend the Federal sible for 35 percent of carbon dioxide to capture and measure those impacts Water Pollution Control Act to extend emissions, the primary greenhouse gas and incorporate the lessons learned the pilot program for alternative water associated with climate change. And into future construction. source projects; to the Committee on they account for 49 percent of sulfur di- The High-Performance Green Build- Environment and Public Works. oxide and 25 percent of nitrogen oxide ing Act focuses Federal Government ef- Mr. GRAHAM. Mr. President, the Au- emissions and generate 40 percent of forts to promote the environmental, thorization for the Alternative Water the Nation’s non-industrial waste energy, health, and economic benefits Sources Act of 2000, which I originally stream. Moreover, building construc- that can be realized from green build- introduced, expires this year. I am in- tion and demolition produce 136 mil- ings. This legislation incorporates the troducing a bill to extend this law for lion tons of waste in this country, and findings of two reports that make rec- five years through Fiscal Year 2009 at use 12 percent of potable water in the ommendations for improving the Fed- an average authorization level of $25 U.S. Mr. President, for too long these eral Government’s role in relation to million per year. prodigious effects have gone unrecog- high-performance green buildings. The Our Nation’s water supply needs are nized. first report, ‘‘Building Momentum: Na- great and growing. For instance, each The impacts are even more far reach- tional Trends and Prospects for High- day the State of Florida adds 900 resi- ing than that. Since Americans spend Performance Green Buildings,’’ was dents. To satisfy the water needs of an average of 90 percent of their time prepared by the U.S. Green Building this daily population increase, Florida indoors, buildings have a considerable Council and the second report, ‘‘The must supply 200,000 more gallons of influence on public health. According Federal Commitment to Green Build- fresh water per day. Furthermore, the to the Environmental Protection Agen- ing: Experiences and Expectations,’’ additional infrastructure needed to ac- cy, EPA, indoor air pollution con- was released by the President’s Office commodate new residents blocks rain- centrations may be two to five times, of the Federal Environmental Execu- water penetration into aquifers, low- and in some cases 100 times, higher tive. ering the water table. In fact, residents than in outdoor air. EPA scientists es- Our legislation changes the way the of Florida’s west coast are increasingly timates that about 20,000 deaths occur Federal Government manages its thou- resorting to drinking desalinated water related to indoor levels of radon, and sands of buildings. The bill establishes as fresh water sources no longer suf- that 3000 lung cancer deaths occur an Office of High-Performance Green fice. Depletion of fresh water has re- among nonsmoking adults due to sec- Buildings within the General Services sulted in saltwater intrusion into in- ond-hand smoke each year. Administration, GSA, which is the log- land aquifers tainting water supplies Experts at the Centers for Disease ical place for this office since this and reducing the ability of soils to Control and Prevention, CDC, estimate agency is the Federal Government’s grow plants. that an additional 35,000 coronary dis- primary landlord. GSA manages over Other States are facing similar cri- ease deaths occur each year in this 8,700 buildings owned or leased by the ses. country among nonsmoking adults due United States. The new office will pro- In southern New Jersey, water de- to second-hand smoke. These losses do mote public outreach, coordinate and mands are so great that groundwater not include exposure to toxic pollut- focus research and development, and withdrawals from aquifers have low- ants emitted from building materials, improve life-cycle analysis and budg- ered the water table by 200 feet, caus- such as adhesives, paints, carpets, and eting for building construction. This ing saltwater intrusion. pressed-wood products, which many re- title also creates an Interagency Steer- In Georgia and South Carolina, ex- searchers believe to be significant. We ing Committee to improve coordina- cessive water demand has significantly must confront these environmental and tion across Federal agencies, and with lowered water levels causing the up- public health challenges and to do so state and local governments. ward migration of salt water in the we need a vision for the future. Our This bill would expand the role of Brunswick area and an encroachment legislation offers that vision. EPA in supporting healthier buildings of seawater into the aquifer at the High-performance green buildings are at the nation’s schools. Schools can northern end of Hilton Head Island. designed and constructed in ways that serve as the vanguard for the effort to On the East Coast, which gets on av- significantly reduce or eliminate nega- protect our children’s health and the erage 40 inches of rain per year, water tive effects on the environment, on en- environment, so this title authorizes resources have long been thought to be ergy use, and on resource consumption. the Agency to administer grants to inexhaustible. However with changing They are also designed to reduce or state and local education agencies to population patterns and increasing per- eliminate harmful pressures on the support implementation of EPA’s effec- sonal and commercial water use, many health and productivity of building oc- tive Tools for Schools Program. It also water-rich areas are finding that the cupants. According to the U.S. Green authorizes the Agency to develop Fed- water will not always be there when Building Council, a national nonprofit eral guidelines for school location they need it. organization, green design and con- siting that take into account the spe- The extension of the Alternative struction practices are directed at five cial vulnerabilities of children to the Water Sources Act will provide States broad areas: 1. Sustainable site plan- contamination of land and water. with the assistance they need to meet ning; 2. Safeguarding water and water This legislation would incorporate the needs of growing populations with- efficiency; 3. Energy efficiency and rebuilding life-cycle costing as a tool to out harming the environment. It will newable energy; 4. Conservation of ma- achieve more efficient and economical also provide funds on a cost-shared terials and resources; and 5. Indoor en- long-term investments in government basis to States for development of non- vironmental quality. buildings, by requiring the Comptroller traditional water resources that will Green buildings have many benefits, General to review the annual Federal provide much needed water and prevent and while the initial investment may budget process and submit a plan to future environmental damages. be higher (although not necessarily) reach these goals to Congress. The bill I introduce today, authorizes than for a traditional buildings, they In closing, investing in green build- the EPA to provide grants, at an aver- significantly lower long-term costs for ings is good public policy for a variety age $25 million a year for Fiscal Years things such as heating and cooling. of reasons. Our bill will allow the Fed- 2005 through 2009, on a cost-shared Since new government buildings are in- eral Government to take a leadership basis for alternative water source tended to be used for a long period of role in promoting green buildings. We projects. The EPA administrator is re- time—at least 50 years—it is easier to have a commitment to our children quired to take into account the eligi- justify any initial higher investment and grandchildren to protect and con- bility of a project for funding under the costs. By improving working condi- serve the planet’s resources and to existing programs when selecting

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7835 projects for funding under this nation- I ask unanimous consent that the SEC. 2. DEFINITIONS. wide program. text of the bill be printed in the In this Act: (1) FEDERAL LAND.—The term ‘‘Federal This law is critical to the environ- RECORD. mentally friendly development of There being no objection, the bill was land’’ means the approximately 160 acres of Federal land within the Santa Fe National water resources in the United States. ordered to be printed in the RECORD, as Forest in the State, as depicted on the map. It authorizes funds for innovative follows: (2) LANDOWNER.—The term ‘‘landowner’’ water reuse, reclamation and conserva- S. 2621 means the 1 or more owners of the non-Fed- tion projects—helping many States Be it enacted by the Senate and House of Rep- eral land. meet current and future water supply. resentatives of the United States of America in (3) MAP.—The term ‘‘map’’ means the map Populations in water-rich areas are Congress assembled, entitled ‘‘Proposed Land Exchange for Pecos drawing increasingly on limited SECTION 1. PILOT PROGRAM FOR ALTERNATIVE National Historical Park’’, numbered 430/ groundwater supplies. In the past, WATER SOURCE PROJECTS. 80,054, dated November 19, 1999, and revised September 18, 2000. groundwater users in the East might Section 220(j) of the Federal Water Pollu- tion Control Act (33 U.S.C. 1300(j)) is amend- (4) NON-FEDERAL LAND.—The term ‘‘non- have been characterized as private ed in the first sentence— Federal land’’ means the approximately 154 wells and small public water systems. (1) by striking ‘‘$75,000,000’’ and inserting acres of non-Federal land in the Park, as de- Today, as people move away from tra- ‘‘$125,000,000’’; and picted on the map. ditional population centers along (2) by striking ‘‘2002 through 2004’’ and in- (5) PARK.—The term ‘‘Park’’ means the major rivers, groundwater use is inserting ‘‘2005 through 2009’’. Pecos National Historical Park in the State. creasing. In Pennsylvania, about six (6) SECRETARIES.—The term ‘‘Secretaries’’ By Mr. BINGAMAN (for himself means the Secretary of the Interior and the million people rely on groundwater. Secretary of Agriculture, acting jointly. Yet, trillions of gallons of fresh and Mr. DOMENICI): S. 2622. A bill to provide for the ex- (7) STATE.—The term ‘‘State’’ means the water in the United States are wasted State of New Mexico. and flood into the sea annually. For in- change of certain Federal land in the Santa Fe National Forest and certain SEC. 3. LAND EXCHANGE. stance, in Florida, every year approxi- (a) IN GENERAL.—On conveyance by the mately 970 billion gallons of fresh non-Federal land in the Pecos National landowner to the Secretary of the Interior of water are diverted into canals that Historical Park in the State of New the non-Federal land, title to which is ac- flow into the Gulf of Mexico and the Mexico; to the Committee on Energy ceptable to the Secretary of the Interior. Atlantic. This precious fresh water and Natural Resources. (1) the Secretary of Agriculture shall, sub- would otherwise have replenished Mr. BINGAMAN. Mr. President, ject to the conditions of this Act, convey to today, I am introducing along with the landowner the Federal land; and aquifers or nourished fragile aquatic (2) the Secretary of the Interior shall, sub- ecosystems. If properly captured and Senator DOMENICI the ‘‘Pecos National Historical Park Land Exchange Act of ject to the conditions of this Act, grant to stored, this water could be used for in- the landowner the easement described in 2004’’. This bill will authorize a land ex- dustrial or commercial activities, re- subsection (b). ducing pressure on precious drinking change between the Federal Govern- (b) EASEMENT.— water sources. ment and a private landowner that will (1) IN GENERAL.—The easement referred to Our increasing water needs require benefit the Pecos National Historical in subsection (a)(2) is an easement (including immediate attention. Park in my State of New Mexico. an easement for service access) for water We continue to make progress in con- Specifically, the bill will enable the pipelines to 2 well sites located in the Park, as generally depicted on the map. servation. In the South Florida Water Park Service to acquire a private inholding within the Park’s boundaries (2) ROUTE.—The Secretary of the Interior, Management District, nearly 200 mil- in consultation with the landowner, shall de- lion gallons of water are being reused in exchange for the transfer of a nearby termine the appropriate route of the ease- per day. However, demands remain tract of National Forest System land. ment through the Park. great. For instance, each resident in The National Forest parcel has been (3) TERMS AND CONDITIONS.—The easement South Florida uses nearly 175 gallons identified as available for exchange in shall include such terms and conditions re- of fresh water per day—almost twice the Santa Fe National Forest Land and lating to the use of, and access to, the well sites and pipeline, as the Secretary of the In- the national average. Much of this po- Resource Management Plan and is surrounded by private lands on three terior, in consultation with the landowner, table water is used for watering land- determines to be appropriate. scaping. We must find ways to reserve sides. The Pecos National Historical Park (4) APPLICABLE LAW.—The easement shall potable water for drinking and make be established, operated, and maintained in better use of other sources of water for possesses exceptional historic and ar- compliance with applicable Federal law. agricultural, commercial and outdoor chaeological resources. Its strategic lo- (c) VALUATION, APPRAISALS, AND EQUALI- watering purposes. cation between the Great Plains and ZATION.— With innovations in water quantity the Rio Grande Valley has made it the (1) IN GENERAL.—The value of the Federal focus of the region’s 10,000 years of land and non-Federal land— management, we can curtail such tre- (A) shall be equal, as determined by ap- mendous wastes of water and reuse the human history. The Park preserves the ruins of the great Pecos pueblo, which praisals conducted in accordance with para- water that supply storage facilities graph (2); or now cannot absorb. was a major trade center, and the ruins (B) if the value is not equal, shall be equal- In 1999, I sponsored S. 968, the Alter- of two Spanish colonial missions dat- ized in accordance with paragraph (3). native Water Sources Act, which au- ing from the 17th and 18th centuries. (2) APPRAISALS.— thorized funding for alternative water The Glorieta Unit of the Park pro- (A) IN GENERAL.—The Federal land and projects in States that do not receive tects key sites associated with the 1862 non-Federal land shall be appraised by an Civil War Battle of Glorieta Pass, a sig- independent appraiser selected by the Secre- funds for water supply projects. In 2000, taries. my bill was incorporated into S. 835, nificant event that ended the Confed- erate attempt to expand the war into (B) REQUIREMENTS.—An appraisal con- the Estuaries and Clean Waters Act of ducted under subparagraph (A) shall be con- 2000, which became Public Law 106–457. the West. This Unit will directly ben- ducted in accordance with— Unfortunately, the authorization for efit from the land exchange. (i) the Uniform Appraisal Standards for the Alternative Water Sources Act is I ask unanimous consent that the Federal Land Acquisition; and due to expire this year. With our Na- full text of the bill I have introduced (ii) the Uniform Standards of Professional Appraisal Practice. tion facing many water quantity man- today be printed in the RECORD. There being no objection, the bill was (C) APPROVAL.—The appraisals conducted agement issues, we must act now to ordered to be printed in the RECORD, as under this paragraph shall be submitted to renew the authorization. follows: the Secretary of the Interior for approval. Congress can provide tools to ensure (3) EQUALIZATION OF VALUES.— that Americans have the water they S. 2622 (A) IN GENERAL.—If the values of the non- need for a healthy and productive fu- Be it enacted by the Senate and House of Rep- Federal land and the Federal land are not ture. The Alternative Water Sources resentatives of the United States of America in equal, the values may be equalized by— Congress assembled, (i) the Secretary of the Interior making a Act is one such tool, and we must not SECTION 1. SHORT TITLE. cash equalization payment to the landowner; let it expire. I hope that Congress will This Act may be cited as the ‘‘Pecos Na- (ii) the landowner making a cash equali- approve an extension of the Act before tional Historical Park Land Exchange Act of zation payment to the Secretary of Agri- the end of the year. 2004.’’ culture; or

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7836 CONGRESSIONAL RECORD — SENATE July 8, 2004 (iii) reducing the acreage of the non-Fed- private landowner that will benefit the years because applicants are required eral land or the Federal land, as appropriate. Pecos National Historical Park in my to live in the United States for a min- (B) CASH EQUALIZATION PAYMENTS.—Any State of New Mexico. imum of five years prior to applying amounts received by the Secretary of Agri- I am pleased to be working on this for citizenship and the INS often takes culture as a cash equalization payment under section 206(b) of the Federal Land Pol- legislation again with Senator BINGA- three or more years to process the ap- icy and Management Act of 1976 (43 U.S.C. MAN. This bill is nearly identical to a plication. Because of this time delay, 1716(b)) shall— bill that we worked on and marked up many individuals are trapped in the (1) be deposited in the fund established by in the Energy and Natural Resources system faced with the loss of their SSI Public Law 90–171 (commonly known as the Committee in the 106th Session of Con- benefits. ‘‘Sisk Act’’) (16 U.S.C. 484a); and gress. If Congress does not act to change (ii) be available for expenditure, without The bill will enable the Park Service the law, reports show that over the further appropriation, for the acquisition of to acquire a private inholding within land and interests in land in the State. next four years nearly 30,000 elderly the Pecos National Historic Park’s (d) COSTS.—Before the completion of the and disabled refugees and asylees will exchange under this section, the Secretaries boundaries in exchange for the transfer lose their Supplemental Security In- and the landowner shall enter into an agree- of a nearby tract of National Forest come (SSI) benefits because their ment that allocates the costs of the ex- System land. The National Forest par- seven-year time limit will expire before change between the Secretaries and the land- cel has been identified as surplus and they become citizens. Many of these in- owner. available for exchange in the Santa Fe dividuals are elderly who fled persecu- (e) APPLICABLE LAW.—Except as otherwise National Forest Land and Resource tion or torture in their home countries. provided in this Act, the exchange of land Management Plan and is surrounded by and interests in land under this Act shall be They include Jews fleeing religious in accordance with— private lands on three sides. persecution in the former Soviet (1) section 206 of the Federal Land Policy The Pecos National Historical Park Union, Iraqi Kurds fleeing the Saddam and Management Act of 1976 (43 U.S.C. 1716); is located between the Great Plains Hussein regime, Cubans and Hmong and and the Rio Grande Valley and that has people from the highlands of Laos who (2) other applicable laws, including the Na- made it the focus of the region’s 10,000 served on the side of the United States tional Environmental Policy Act of 1969 (42 years of human history. The park pre- military during the Vietnam War. U.S.C. 4321 et seq.). serves the ruins of the great Pecos They are elderly and unable to work, (f) ADDITIONAL TERMS AND CONDITIONS.— pueblo—a major trade center—and the and have become reliant on their SSI The Secretaries may require, in addition to ruins of two Spanish colonial missions any requirements under this Act, such terms benefits as their primary income. To and conditions relating to the exchange of dating from the 17th and 18th cen- penalize them because of delays en- Federal land and non-Federal land and the turies. countered through the bureaucratic granting of easements under this Act as the The Glorieta Unit of the Park, where process seems unjust and inappro- Secretaries determine to be appropriate to this exchange is located, protects key priate. protect the interests of the United States. sites associated with the 1862 Civil War I would like to share the story of (g) COMPLETION OF THE EXCHANGE.— Battle of Glorieta Pass, a significant (1) IN GENERAL.—The exchange of Federal Yelena, a victim of religious persecu- event that ended the Confederate at- tion in the former Soviet Union who land and non-Federal land shall be com- tempt to expand the war into the west. pleted not later than 180 days after the later sought refuge in the United States of— This unit will directly benefit from the seven years ago and is currently living (A) the date on which the requirements of land exchange. in Portland, Oregon. At the age of 82, the National Environmental Policy Act of By Mr. SMITH (for himself, Mr. Yelena relies on SSI and other public 1969 (42 U.S.C. 4321 et seq.) have been met; or benefits programs to buy food and pay (B) the date on which the Secretary of the KOHL, and Mr. LUGAR): Interior approves the appraisals under sub- S. 2623. A bill to amend section 402 of her monthly bills. Yelena is now stuck section (c)(2)(C). the Personal Responsibility and Work in a multi-year backlog waiting for her (2) NOTICE.—The Secretaries shall submit Opportunity Reconciliation Act of 1996 green card, the first step toward citi- to Committee on Energy and Natural Re- to provide a 2–year extension of supple- zenship. She was raised in a small vil- sources of Senate and the Committee on Re- mental security income in fiscal years lage in the Soviet Union where she had sources of the House of Representatives no- little access to formal education and tice of the completion of the exchange of 2005 through 2007 for refugees, asylees, and certain other humanitarian immi- never learned English. She has strug- Federal land and non-Federal land under this gled to grasp the language since arriv- Act. grants; to the Committee on Finance. Mr. SMITH. Mr. President, I am ing in the US and as a result, her SEC. 4. ADMINISTRATION. seven-year anniversary arrived before (a) IN GENERAL.—The Secretary of the In- pleased to be joined today by my col- terior shall administer the non-Federal land leagues, Senators KOHL and LUGAR to she was able to naturalize. Yelena is acquired under this Act in accordance with introduce this important piece of legis- now without her SSI benefits and still the laws generally applicable to units of the lation. Legislation that will ensure the fighting to become a citizen. We must National Park System, including the Act of United States government does not help Yelena and others like her. August 25, 1916 (commonly known as the turn its back on political asylees or The Administration in its fiscal year ‘‘National Park Service Organic Act’’) (16 refugees who are the most vulnerable 2005 budget acknowledged the necessity U.S.C. 1 et seq.). to correct this problem by dedicating (b) MAPS.— citizens seeking safety in this great funding in its budget to extend refugee (1) IN GENERAL.—The map shall be on file country of ours. and available for public inspection in the ap- As many of you may know, Congress eligibility for SSI beyond the seven- propriate offices of the Secretaries. as part of Personal Responsibility and year limit. While I am pleased that (2) TRANSMITTAL OF REVISED MAP TO CON- Work Opportunity Reconciliation Act they have taken the first step in cor- GRESS.—Not later than 180 days after com- (PRWORA) modified the SSI program recting this problem, I am concerned pletion of the exchange, the Secretaries shall to include a seven-year time limit on the policy does not go far enough. Data transmit to the Committee on Energy and the receipt of benefits for refugees and shows that most people will need at Natural Resources of the United States and least an additional two years to navi- the Committee on Resources of the United asylees. This policy was intended to States House of Representatives a revised balance the desire to have people who gate and complete the naturalization map that depicts— emigrate to the United States to be- process. Therefore, my colleagues and I (A) the Federal land and non-Federal land come citizens, with an understanding have introduced this bill, which will exchanged under this Act; and that the naturalization process also provide a two-year extension. We be- (B) the easement described in section 3(b). takes time to complete. To allow ade- lieve this will provide the time nec- Mr. DOMENICI. Mr. President, today, quate time for asylees and refugees to essary to complete the process. Senator BINGAMAN and I are intro- become naturalized citizens Congress I hope my colleagues will join me in ducing the ‘‘Pecos National Historical provided the seven-year time limit be- support of this bill, and I look forward Park Land Exchange Act of 2004’’. This fore the expiration of SSI benefits. to working with Chairman GRASSLEY bill will authorize a land exchange be- Unfortunately, the naturalization and other members of the Finance tween the Federal Government and a process often takes longer than seven Committee to secure these changes.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7837 Mr. KOHL. Mr. President. In Decem- SMITH, LUGAR and I are introducing the of gas averages $1.90. For someone who ber, 2003, the U.S. government unex- SSI Extension for Disabled and Elderly buys one tank of gas a week, that in- pectedly announced plans to resettle Refugees Act. This legislation extends crease costs $350 per year. up to 15,000 Hmong refugees from Laos the amount of time that refugees and All this adds up. Oil imports now ac- currently living in Thailand. These ref- asylees have to become citizens to nine count for $125 billion annually, or one- ugees will be reunited with some 200,000 years. The legislation will retro- quarter of America’s trade deficit. Hmong family members who were re- actively restore benefits to many who That money could be invested here at settled here in the years after the Viet- have already lost them, and will pro- home to create American jobs, but in- nam War, some as recently as the 1990s. tect those who are scheduled to lose stead we are being gouged by oil ex- Many of these Hmong fought with the benefits in the next two years. porters. CIA in Laos during the Vietnam War, I cannot stress how important this While Americans suffer, President providing critical assistance to U.S. legislation is to many in the State of Bush has done nothing to bring down forces. After the fall of Saigon, thou- Wisconsin. Just last month, an article gas prices. He says he will talk to his sands of Hmong fled Laos and its com- in the Green Bay Press-Gazette told of Saudi friends in the oil business. But munist Pathet Lao government. The the difficulties facing 79-year-old Sia talk is cheap. The American people United States remains indebted to Xiong, a Hmong refugee who could lose want action. This bill today is an op- these courageous individuals and their benefits in the coming months. Like portunity for action. families. many elderly refugees, she doesn’t I have also released a report today, While we work with the Department know English, which poses a huge bar- explaining the basis for a WTO com- rier in her application for citizenship. of Health and Human Services to iden- plaint against OPEC. Despite the assistance that has been tify funds to help these new refugees In some ways, the allegations are given to refugees like Xiong from agen- resettle, it is extremely important that simple and straightforward: OPEC ma- cies such as Lutheran Social Services we act to help those refugees and nipulates world oil markets by impos- or Kajsiab House or the Neighborhood asylees already living in the United ing export quotas on oil. These quotas Law Project in Madison, the length of States. In addition to the Hmong, keep the price of oil artificially high. America has served as a shelter for the naturalization process has proved overwhelming to too many refugees. Without OPEC, market analysts have Jews and Baptists fleeing religious per- estimated that the free market price of secution in the former Soviet Union; Congress must take action immediately to help people like Xiong, and a barrel of oil would be around 10 to 15 and for Iraqis and Cubans escaping ty- dollars lower than today’s price. That rannical dictatorships. Our policy to- her family. In addition to the Hmong population in Wisconsin, almost every would make a difference in gas prices ward refugees and asylees embodies the of 20 to 45 cents per gallon, saving best of our country—compassion, op- State in the country is home to immigrants who will be affected by the American families hundreds of dollars portunity, and freedom. I am proud of per year. There is no reason to con- the example our policies set with re- limit. Our country has long been a symbol of freedom, equality and oppor- tinue to tolerate OPEC’s anti-competi- spect to the treatment of those seeking tive behavior. refuge. tunity. Our laws should reflect that. But I am disappointed in our decision Every day that goes by could result in Collusion to put quotas on oil ex- to allow these people to enter the coun- the loss of a refugee’s support system— ports—or any exports—is illegal under try and then deny them the means to I urge my colleagues to support this WTO rules. For example, the WTO has live. Thousands of people who fled reli- legislation and restore the principles found that a treaty between the United gious and political persecution to seek we were put here to protect. States and Japan limiting semicon- ductor exports violated WTO rules. freedom in the U.S. will now be pun- By Mr. LAUTENBERG (for him- ished by a short-sighted policy. A pro- The Bush administration has been self, Mr. DURBIN, Mr. LEVIN, and vision in the 1996 welfare reform bill relax in dealing with OPEC. In my view, Mr. REID): President Bush’s ties to the Saudis and stricted the amount of time that elder- S. 2624. A bill to require the United ly and disabled refugees and asylees to big oil companies prevent him from States Trade Representative to pursue sticking up for the American con- could be eligible for Supplemental Se- a complaint of anti-competitive prac- curity Income (SSI) benefits. These sumer. tices against certain oil exporting Indeed, while the squeeze was being benefits serve as a basic monthly in- countries; to the Committee on Fi- come for individuals who are 65 or put on American consumers, oil compa- nance. nies and refineries reported record older, disabled or blind. Over the next 4 Mr. LAUTENBERG. Mr. President, profits in the first quarter of this year years, it is estimated that 40,000 refu- today I am introducing legislation, for operations in the United States. gees and political asylees could lose with Senators DURBIN, LEVIN and REID, Earnings for U.S. domestic refining and these important benefits on which they with Congressman DEFAZIO in the marketing operations increased by 294 often rely. House, to bring fairness to the oil mar- percent for Chevron-Texaco, 165 per- The 1996 welfare law included a 7- kets and do something to reverse the cent for BP, 125 percent for year time limit on SSI benefits for recent spikes in gas prices. legal humanitarian immigrants. In Our legislation will force the United ExxonMobil, and 44 percent for Conoco- order to avoid losing this important States Trade Representative (USTR) to Phillips over last year’s levels. support, refugees and asylees must be- initiate World Trade Organization So while OPEC and their oil company come citizens within the 7-year limit. (WTO) proceedings against OPEC na- allies have seen a boom, American fam- Unfortunately, this has proved impos- tions. Under WTO rules, countries are ilies have seen a bust. In fact, for those sible for far too many. The process of not permitted to maintain export middle-income Americans who will see becoming a citizen only truly begins quotas. But OPEC nations actually any benefit at all from the recent tax after a refugee has resided in the U.S. collude to set such quotas. cuts, rising gas prices alone will eat up for 5 years as a lawful permanent resi- OPEC is an illegal cartel, plain and half of those cuts. dent. And beyond that, there are many simple. We’ve allowed this cartel to op- Since the Bush administration has other barriers, such as language skills erate for too long—it’s time to put an failed to live up to its responsibilities, and processing and bureaucratic delays end to it. it’s time for the Congress to stand up within the various agencies, which an The American people are feeling the for the American people and force it to immigrant must overcome before they effects of the OPEC cartel every day at take action against OPEC. become naturalized. Beginning in 2003, the gas pumps. Many families are al- I urge support of this common-sense immigrants trapped in this process— ready struggling with lost jobs, stag- legislation, and I ask unanimous con- too often the most vulnerable elderly nant wages and the rising costs of sent that the text of the legislation be and families—began to lose their SSI health care. High gas prices have only printed in the RECORD. benefits with no hope of recourse. made matters worse. There being no objection, the bill was This inherent flaw in the system has When President Bush took office, a ordered to be printed in the RECORD, as to be changed. That is why Senators gallon of gas cost $1.47. Today, a gallon follows:

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7838 CONGRESSIONAL RECORD — SENATE July 8, 2004 S. 2624 the United States Trade Representative Last week, T.R. became one of the Be it enacted by the Senate and House of Rep- shall, not later than 60 days after the date of first students to graduate from the resentatives of the United States of America in enactment of this Act, institute proceedings Friends of the Children program. Along Congress assembled, pursuant to the Understanding on Rules and with his classmates, T.R. was identi- SECTION 1. FINDINGS. Procedures Governing the Settlement of Dis- fied by the program over a decade ago. putes with respect to that country and shall Congress makes the following findings: He was part of a group of children iden- (1) Gasoline prices have risen 80 percent take appropriate action with respect to that country under the trade remedy laws of the tified as the most in danger of abuse, since January, 2002, with oil recently trading neglect, juvenile delinquency, gang and at more than $40 per barrel for the first time United States. ever. drug involvement, school failure, and (2) Rising gasoline prices have placed an By Mr. SMITH (for himself and teenage pregnancy. Today, these chil- inordinate burden on American families. Mr. WYDEN): dren have grown into young adults. (3) High gasoline prices have hindered and S. 2625. A bill to establish a national They have positive values and show will continue to hinder economic recovery. demonstration project to improve great potential to become healthy, pro- (4) The Organization of Petroleum Export- intervention programs for the most ductive members of their communities. ing Countries (OPEC) has formed a cartel disadvantaged children and youth, and ‘‘The Friends of the Children Na- and engaged in anti-competitive practices to for other purposes; to the Committee tional Demonstration Act’’ will estab- manipulate the price of oil, keeping it artifi- on the Judiciary. lish a national demonstration project cially high. Mr. SMITH. Mr. President, I rise to promote learning about successful (5) Six member nations of OPEC—Indo- early and sustained childhood interven- nesia, Kuwait, Nigeria, Qatar, the United today with my colleague, Mr. WYDEN, Arab Emirates and Venezuela—are also to introduce the ‘‘Friends of the Chil- tion programs. This bill would author- members of the World Trade Organization. dren National Demonstration Act’’ to ize funding for Friends of the Children (6) The agreement among OPEC member authorize funding for Friends of the activities and local program operations nations to limit oil exports is an illegal pro- Children. at existing sites including ongoing hibition or restriction on the exportation or Friends of the Children is a prom- evaluation, and dissemination of find- sale for export of a product under Article XI ising early intervention program estab- ings for the benefit of policy makers of the GATT 1994. lished in Portland, Oregon, in 1993. The and other youth programs. (7) The export quotas and resulting high program identifies the most disadvan- I look forward to working with my prices harm American families, undermine colleagues to enact this bill and make the American economy, impede American taged children at the kindergarten or and foreign commerce, and are contrary to first grade level and matches those a commitment to improving the lives the national interests of the United States. children with ‘‘professional mentors’’ of disadvantaged children and youth. Mr. WYDEN. Mr. President, I am in- SEC. 2. ACTIONS TO CURB CERTAIN CARTEL (also known as ‘‘Friends’’). Once ANTI-COMPETITIVE PRACTICES. matched, professional mentors work troducing today, along with my col- (a) DEFINITIONS.— with children for a period of up to 12 league, Senator SMITH, the ‘‘Friends of (1) GATT 1994.—The term ‘‘GATT 1994’’ has the Children National Demonstration years. the meaning given such term in section Act’’ to authorize funding for Friends 2(1)(B) of the Uruguay Round Agreements Started over a decade ago with just three Friends serving as mentors to 24 of the Children. The companion of this Act (19 U.S.C. 3501(1)(B). bill is being introduced in the House (2) UNDERSTANDING ON RULES AND PROCE- children, Friends of the Children has today by Congressman EARL BLU- DURES GOVERNING THE SETTLEMENT OF DIS- grown to serve over 600 children in 11 MENAUER. PUTES.—The term ‘‘Understanding on Rules communities throughout the United This innovative program is truly a and Procedures Governing the Settlement of States. The mission of Friends of the Disputes’’ means the agreement described in best practice in the field of youth de- Children is to help our Nation’s most velopment. Friends of the Children was section 101(d)(16) of the Uruguay Round disadvantaged children to develop the Agreements Act (19 U.S.C. 3511(d)(16)). started in Portland, OR, and was mod- relationships, goals, and skills nec- (3) WORLD TRADE ORGANIZATION.— eled on extensive research indicating (A) IN GENERAL.—The term ‘‘World Trade essary to break the cycles of poverty, that the strongest protective factor for Organization’’ means the organization estab- abuse, and violence in order to become highly disadvantaged children is an on- lished pursuant to the WTO Agreement. a contributing member of society. going relationship with a supportive, (B) WTO AGREEMENT.—The term ‘‘WTO Extensive research has shown that caring adult. Today, Friends of the Agreement’’ means the Agreement Estab- the single most important factor that lishing The World Trade Organization en- Children is the only program in the Na- fosters resiliency in children is having tion that provides carefully screened tered into on April 15, 1994. a long-term relationship with a caring, (b) ACTION BY PRESIDENT.— full-time professional mentors to dis- supportive adult. Friends of the Chil- (1) IN GENERAL.—Notwithstanding any advantaged youth for 12 years starting other provision of law, the President shall, dren is a unique program that provides in kindergarten or first grade. Friends not later than 15 days after the date of en- just such a relationship for disadvan- of the Children’s first class of students actment of this Act, initiate consultations taged children. is now graduating. These young people with the countries described in paragraph (2) In 1993, Friends of the Children wel- have outperformed their peer group of to seek the elimination by those countries of comed T.R., a first grader, into the any action that— disadvantaged youth in every respect. Portland program. At home, T.R. was They are in school, have passing (A) limits the production or distribution of routinely exposed to drug use, gang ac- oil, natural gas, or any other petroleum grades, have not been incarcerated, do product, tivity, and violence. Through the pro- not abuse drugs or alcohol, and have (B) sets or maintains the price of oil, nat- gram, T.R. was matched with his men- not become involved in gang violence. ural gas, or any petroleum product, or tor, Jerrell, to help maintain a support Let me share the story of one of (C) otherwise is an action in restraint of system in T.R.’s life. Jerrell tutors, these friends. In 1993, a first grader trade with respect to oil, natural gas, or any counsels, advises and is a companion to named Demarcus joined the Friends of petroleum product, T.R. whether it is discussing T.R.’s the Children-Portland program in an when such action constitutes an act, policy, plans for the future or dealing with his attempt to overcome a family history or practice that is unjustifiable and burdens family relationships. Without the help and restricts United States commerce. of substance abuse and violence. His of someone like Jerrell, T.R. believes (2) COUNTRIES DESCRIBED.—The countries mother was raising three children as a described in this paragraph are the fol- that he would probably have dropped single parent and she was over- lowing: out of school or joined a gang. Now, whelmed. As a participant in the (A) Indonesia. T.R. is giving back to his community Friends of the Children program, (B) Kuwait. by working for Self Enhancement, Inc., Demarcus was matched with a (C) Nigeria. an organization that teaches leadership ‘‘Friend,’’ Ruben, who has been his (D) Qatar. skills to middle school students. T.R. mentor for the past eight years. Ruben (E) The United Arab Emirates. has overcome great adversity to ma- and Demarcus have developed a strong (F) Venezuela. (c) INITIATION OF WTO DISPUTE PRO- ture into a responsible young adult. relationship through activities ranging CEEDINGS.—If the consultations described in T.R. aspires to pursue a career in busi- from playing basketball to having seri- subsection (b) are not successful with respect ness and would like to run his own ous conversations about life and pre- to any country described in subsection (b)(2), company one day. paring for the future. Ruben has helped

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7839 Demarcus develop anger management support of Senators COLLINS, LIEBER- vember, the Department claimed that skills and maturity. While many of MAN, FITZGERALD, and VOINOVICH. extending this authority to the Special Demarcus’s friends and family have Thanks to the work of the bill’s co- Counsel would usurp DOJ’s traditional been incarcerated or have been victims sponsors, we have developed legislation unifying role as the Executive Branch’s of gun violence, Demarcus is a success that strikes the right balance between representative in court. The Depart- story. Now 17 years old, he is a respon- the protection of Federal whistle- ment also claimed that the provision sible young man who makes good blowers and our national security. would undermine a number of impor- choices and knows that actions have As my colleagues know, the events of tant policy goals, including the presen- consequences. When he graduates from September 11, 2001, have brought re- tation of uniform positions on signifi- high school, he hopes to work toward newed attention to the security lapses cant legal issues and the objective liti- becoming a pilot, either by joining the at our Nation’s airports, nuclear facili- gation of cases by attorneys unaffected military or attending college. Friends ties, borders, and law enforcement by concerns of a single agency that of the Children mentors have been agencies. However, in many cases, the may be inimical to the interests of the major supporters of Demarcus and his current whistleblower system fails to Government as a whole. goal to attain higher education. The protect those who would disclose infor- However, many agencies have inde- mentors have helped him grow into the mation that could ensure the safety pendent litigating authority, including focused young adult he is today. and welfare of the American people. As the Equal Employment Opportunity Last week in Portland, the first class of May 2004, Federal whistleblowers Commission, the MSPB, the Environ- of Friends of the Children, including have prevailed on the merits of their mental Protection Agency, and the Demarcus, graduated from the pro- claims before the Federal Circuit Court Federal Labor Relations Authority. gram. By all accounts these children of Appeals only once since 1994. This Moreover, interagency disputes are not have beaten the odds and are success record sends the wrong message. How unique. It is inappropriate for the Of- stories. Twelve years ago these young can we expect civil servants to protect fice of Special Counsel (OSC), the agen- people were identified by their elemen- and defend the United States when we cy charged with protecting the Whis- tary schools as most likely to fail. permit agencies to retaliate against tleblower Protection Act (WPA), to Today, they are soon-to-be high school them for doing their job? seek approval from DOJ, the agency graduates. I know the Department of Justice charged with protecting agencies al- Currently, Friends of the Children (DOJ) has objected to previous legisla- leged to have retaliated against whis- serves over 600 children in 11 commu- tion concerning this problem. This tleblowers, in order to carry out its nities across the United States. ‘‘The comes as no surprise as the Depart- mission. Nonetheless, our bill would Friends of the Children National Dem- ment has an institutional conflict of not provide the Special Counsel with onstration Act’’ will establish a na- interest with restoring whistleblower independent litigating authority but tional demonstration project to pro- rights as it is charged with defending rather provide it with independent au- mote learning about successful early agencies charged with retaliating thority to file amicus briefs with fed- and sustained childhood interventions. against the whistleblower. Nonethe- eral courts. This authority will allow This bill would authorize funding for less, I have worked with my colleagues the Special Counsel to protect the Friends of the Children activities and on the Governmental Affairs Com- WPA while addressing concerns raised local program operations at existing mittee to address some the concerns by the Justice Department. raised by the Justice Department while sites, ongoing evaluation, and dissemi- In addition, our compromise measure nation of findings for the benefit of pol- still protecting federal employees. One of the most significant changes would still provide protection to whis- icy makers and other youth-serving tleblowers subject to retaliatory inves- programs. in the bill relates to the protection of employees who find their security tigations, but not for routine or non- I look forward to working with my discretionary investigations of the em- colleagues to pass this bill and make a clearances stripped as a means of retaliation for blowing the whistle. Current ployee and codify the definition of rea- commitment to improving the lives of sonable belief an employee must have disadvantaged children and youth. law does not permit the whistleblower to have his or her case heard by an in order to determine when an em- By Mr. AKAKA (for himself, Ms. independent adjudicator when this type ployee has made a protected disclosure. I am pleased that our new bill, among COLLINS, Mr. GRASSLEY, Mr. of retaliation occurs. LEVIN, Mr. LEAHY, Mr. DURBIN, Under our bill, the whistleblower other things, retains language restor- Mr. FITZGERALD, Mr. PRYOR, would be able to bring a case before the ing congressional intent regarding the Mr. VOINOVICH, Mr. JOHNSON, Merit Systems Protection Board definition of a protected disclosure, Mr. DAYTON, Mr. LIEBERMAN, (MSPB) on an expedited basis when the codifying the anti-gag provision that and Mr. LAUTENBERG): employing agency revokes, suspends, has been in every appropriations law S. 2628. A bill to amend chapter 23 of denies, or makes another determina- since 1988, and establishing a more rea- title 5, United States Code, to clarify tion in relation to an employee’s secu- sonable test for determining govern- the disclosures of information pro- rity clearance or access to classified ment mismanagement instead of irref- tected from prohibited personnel prac- materials. However, the employing ragable proof. According to the Federal tices, require a statement in nondisclo- agency need only prove by a preponder- Circuit, in order to determine that the sure policies, forms, and agreements ance of the evidence that it would have federal government has engaged in that such policies, forms, and agree- taken the action against the employee gross mismanagement, the whistle- ments conform with certain disclosure irrespective the whistleblower’s disclo- blower must have irrefragable proof, protections, provide certain authority sure. By lowering the burden of proof meaning proof impossible to refute. for the Special Counsel, and for other for the employing agency from clear The bill also retains language, sub- purposes; to the Committee on Govern- and convincing, as is the standard with ject to a five-year sunset, providing mental Affairs. other whistleblower cases, to prepon- whistleblowers the opportunity to have Mr. AKAKA. Mr. President, today I derance of the evidence, our legislation their cases heard by federal courts rise to introduce the Federal Employ- strikes a balance between having an other than the Federal Circuit Court of ee’s Protection of Disclosures Act. Last open and transparent process for whis- Appeals. These provisions are nec- year I introduced similar legislation, tleblowers and the need to make secu- essary to facilitate disclosures of gov- S. 1358, to amend employee safeguards rity clearance or access determinations ernment mismanagement in order for for disclosing government waste, fraud, in the interests of national security. Congress to do its job and make in- and abuse with the support of Senators The Department of Justice was also formed decisions when carrying out its GRASSLEY, LEVIN, LEAHY, DURBIN, DAY- concerned with a provision in the prior legislative, appropriation, and over- TON, PRYOR, JOHNSON, and LAUTENBERG. bill, S. 1358, which granted independent sight functions for the protection the Today, I am pleased that we can in- litigating authority to the Special American people. troduce a strong bipartisan version of Counsel. In testimony before the Gov- Our government is responsible for this legislation with the additional ernmental Affairs Committee last No- services and programs that touch all

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7840 CONGRESSIONAL RECORD — SENATE July 8, 2004 Americans. The Federal employees who (c) COVERED DISCLOSURES.—Section icy, form, or agreement does not contain the carry out these responsibilities on be- 2302(a)(2) of title 5, United States Code, is following statement: half of the American people must be amended— ‘‘ ‘These provisions are consistent with and able to communicate with Congress (1) in subparagraph (B)(ii), by striking do not supersede, conflict with, or otherwise ‘‘and’’ at the end; without fear of losing their jobs when alter the employee obligations, rights, or li- (2) in subparagraph (C)(iii), by striking the abilities created by Executive Order No. reporting threats to public health and period at the end and inserting ‘‘; and’’; and 12958; section 7211 of title 5, United States safety and government mismanage- (3) by adding at the end the following: Code (governing disclosures to Congress); ment. We must have a credible and ‘‘(D) ‘disclosure’ means a formal or infor- section 1034 of title 10, United States Code functioning WPA. I urge my colleagues mal communication or transmission, but (governing disclosure to Congress by mem- to support this bipartisan bill and en- does not include a communication con- bers of the military); section 2302(b)(8) of sure real protection for Federal whis- cerning policy decisions that lawfully exer- title 5, United States Code (governing disclo- tleblowers. cise discretionary authority unless the em- sures of illegality, waste, fraud, abuse, or I ask unanimous consent that the ployee providing the disclosure reasonably public health or safety threats); the Intel- text of the bill be printed in the believes that the disclosure evidences— ligence Identities Protection Act of 1982 (50 ‘‘(i) any violation of any law, rule, or regu- U.S.C. 421 et seq.) (governing disclosures that RECORD. There being no objection, the bill was lation; or could expose confidential Government ‘‘(ii) gross management, a gross waste of agents); and the statutes which protect ordered to be printed in the RECORD, as funds, an abuse of authority, or a substantial against disclosures that could compromise follows: and specific danger to public health or safe- national security, including sections 641, 793, S. 2628 ty.’’. 794, 798, and 952 of title 18, United States Be it enacted by the Senate and House of Rep- (d) REBUTTABLE PRESUMPTION.—Section Code, and section 4(b) of the Subversive Ac- resentatives of the United States of America in 2302(b) of title 5, United States Code, is tivities Control Act of 1950 (50 U.S.C. 783(b)). Congress assembled, amended by amending the matter following The definitions, requirements, obligations, SECTION 1. PROTECTION OF CERTAIN DISCLO- paragraph (12) to read as follows: rights, sanctions, and liabilities created by SURES OF INFORMATION BY FED- ‘‘This subsection shall not be construed to such Executive order and such statutory pro- ERAL EMPLOYEES. authorize the withholding of information visions are incorporated into this agreement (a) SHORT TITLE.—This Act may be cited as from Congress or the taking of any personnel and are controlling.’; or the ‘‘Federal Employee Protection of Disclo- action against an employee who discloses in- ‘‘(14) conduct, or cause to be conducted, an sures Act’’. formation to Congress, except that an em- (b) CLARIFICATION OF DISCLOSURES COV- investigation, other than any ministerial or ployee or applicant may be disciplined for ERED.—Section 2302(b)(8) of title 5, United nondiscretionary fact finding activities nec- the disclosure of information described in States Code, is amended— essary for the agency to perform its mission, paragraph (8)(C)(i) to a Member or employee (1) in subparagraph (A)— of an employee or applicant for employment of Congress who is not authorized to receive because of any activity protected under this (A) by striking ‘‘which the employee or ap- such information. For purposes of paragraph plicant reasonably believes evidences’’ and section.’’. (8), any presumption relating to the perform- (3) BOARD AND COURT REVIEW OF ACTIONS RE- inserting ‘‘, without restriction to time, ance of a duty by an employee who has au- place, form, motive, context, or prior disclo- LATING TO SECURITY CLEARANCES.— thority to take, direct others to take, rec- (A) IN GENERAL.—Chapter 77 of title 5, sure made to any person by an employee or ommend, or approve any personnel action applicant, including a disclosure made in the United States Code, is amended by inserting may be rebutted by substantial evidence. For after section 7702 the following: ordinary course of an employee’s duties, that purposes of paragraph (8), a determination as the employee or applicant reasonably be- to whether an employee or applicant reason- ‘‘§ 7702a. Actions relating to security clear- lieves is evidence of’’; and ably believes that they have disclosed infor- ances (B) in clause (i), by striking ‘‘a violation’’ mation that evidences any violation of law, ‘‘(a) In any appeal relating to the suspen- and inserting ‘‘any violation’’; rule, regulation, gross mismanagement, a sion, revocation, or other determination re- (2) in subparagraph (B)— gross waste of funds, an abuse of authority, lating to a security clearance or access de- (A) by striking ‘‘which the employee or ap- or a substantial and specific danger to public plicant reasonably believes evidences’’ and health or safety shall be made by deter- termination, the Merit Systems Protection inserting ‘‘, without restriction to time, mining whether a disinterested observer Board or any reviewing court— place, form, motive, context, or prior disclo- with knowledge of the essential facts known ‘‘(1) shall determine whether paragraph (8) sure made to any person by an employee or to and readily ascertainable by the employee or (9) of section 2302(b) was violated; applicant, including a disclosure made in the would reasonably conclude that the actions ‘‘(2) may not order the President or the ordinary course of an employee’s duties, of of the Government evidence such violations, designee of the President to restore a secu- information that the employee or applicant mismanagement, waste, abuse, or danger.’’. rity clearance or otherwise reverse a deter- reasonably believes is evidence of’’; and (e) NONDISCLOSURE POLICIES, FORMS, AND mination of clearance status or reverse an (B) in clause (i), by striking ‘‘a violation’’ AGREEMENTS; SECURITY CLEARANCES; AND RE- access determination; and and inserting ‘‘any violation (other than a TALIATORY INVESTIGATIONS.— ‘‘(3) subject to paragraph (2), may issue de- violation of this section)’’; and (1) PERSONNEL ACTION.—Section claratory relief and any other appropriate (3) by adding at the end the following: 2302(a)(2)(A) of title 5, United States Code, is relief. ‘‘(C) any disclosure that— amended— ‘‘(b)(1) If, in any final judgment, the Board ‘‘(i) is made by an employee or applicant of (A) in clause (x), by striking ‘‘and’’ after or court declares that any suspension, rev- information required by law or Executive the semicolon; and ocation, or other determination with regards order to be kept secret in the interest of na- (B) by redesignating clause (xi) as clause to a security clearance or access determina- tional defense or the conduct of foreign af- (xiv) and inserting after clause (x) the fol- tion was made in violation of paragraph (8) fairs that the employee or applicant reason- lowing: or (9) of section 2302(b), the affected agency ably believes is direct and specific evidence ‘‘(xi) the implementation or enforcement shall conduct a review of that suspension, of— of any nondisclosure policy, form, or agree- revocation, access determination, or other ‘‘(I) any violation of any law, rule, or regu- ment; determination, giving great weight to the lation; ‘‘(xii) a suspension, revocation, or other de- Board or court judgment. ‘‘(II) gross mismanagement, a gross waste termination relating to a security clearance of funds, an abuse of authority, or a substan- or any other access determination by a cov- ‘‘(2) Not later than 30 days after any Board tial and specific danger to public health or ered agency; or court judgment declaring that a security safety; or ‘‘(xiii) an investigation, other than any clearance suspension, revocation, access de- ‘‘(III) a false statement to Congress on an ministerial or nondiscretionary fact finding termination, or other determination was issue of material fact; and activities necessary for the agency to per- made in violation of paragraph (8) or (9) of ‘‘(ii) is made to— form its mission, of an employee or appli- section 2302(b), the affected agency shall ‘‘(I) a member of a committee of Congress cant for employment because of any activity issue an unclassified report to the congres- having a primary responsibility for oversight protected under this section; and’’. sional committees of jurisdiction (with a of a department, agency, or element of the (2) PROHIBITED PERSONNEL PRACTICE.—Sec- classified annex if necessary), detailing the Federal Government to which the disclosed tion 2302(b) of title 5, United States Code, is circumstances of the agency’s security clear- information relates and who is authorized to amended— ance suspension, revocation, other deter- receive information of the type disclosed; (A) in paragraph (11), by striking ‘‘or’’ at mination, or access determination. A report ‘‘(II) any other Member of Congress who is the end; under this paragraph shall include any pro- authorized to receive information of the type (B) in paragraph (12), by striking the pe- posed agency action with regards to the se- disclosed; or riod and inserting a semicolon; and curity clearance or access determination. ‘‘(III) an employee of Congress who has the (C) by inserting after paragraph (12) the ‘‘(c) An allegation that a security clear- appropriate security clearance and is author- following: ance or access determination was revoked or ized to receive information of the type dis- ‘‘(13) implement or enforce any nondisclo- suspended in retaliation for a protected disclosed.’’. sure policy, form, or agreement, if such pol- closure shall receive expedited review by the

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Office of Special Counsel, the Merit Systems (j) JUDICIAL REVIEW.— (k) NONDISCLOSURE POLICIES, FORMS, AND Protection Board, and any reviewing court. (1) IN GENERAL.—Section 7703(b)(1) of title AGREEMENTS.— ‘‘(d) For purposes of this section, correc- 5, United States Code, is amended to read as (1) IN GENERAL.— tive action may not be ordered if the agency follows: (A) REQUIREMENT.—Each agreement in demonstrates by a preponderance of the evi- ‘‘(b)(1)(A) Except as provided in subpara- Standard Forms 312 and 4414 of the Govern- dence that it would have taken the same per- graph (B) and paragraph (2), a petition to re- ment and any other nondisclosure policy, sonnel action in the absence of such disclo- view a final order or final decision of the form, or agreement of the Government shall sure.’’. Board shall be filed in the United States contain the following statement: ‘‘These re- (B) TECHNICAL AND CONFORMING AMEND- Court of Appeals for the Federal Circuit. strictions are consistent with and do not su- MENT.—The table of sections for chapter 77 of Notwithstanding any other provision of law, persede, conflict with, or otherwise alter the title 5, United States Code, is amended by in- any petition for review must be filed within employee obligations, rights, or liabilities serting after the item relating to section 7702 60 days after the date the petitioner received created by Executive Order No. 12958; section the following: notice of the final order or decision of the 7211 of title 5, United States Code (governing ‘‘7702a. Actions relating to security clear- Board. disclosures to Congress); section 1034 of title ances.’’. ‘‘(B) During the 5-year period beginning on 10, United States Code (governing disclosure the effective date of the Federal Employee (f) EXCLUSION OF AGENCIES BY THE PRESI- to Congress by members of the military); Protection of Disclosures Act, a petition to section 2302(b)(8) of title 5, United States DENT.—Section 2302(a)(2)(C) of title 5, United review a final order or final decision of the Code (governing disclosures of illegality, States Code, is amended by striking clause Board in a case alleging a violation of para- waste, fraud, abuse or public health or safety (ii) and inserting the following: graph (8) or (9) of section 2302(b) shall be filed threats); the Intelligence Identities Protec- ‘‘(ii)(I) the Federal Bureau of Investiga- in the United States Court of Appeals for the tion, the Central Intelligence Agency, the Federal Circuit or any court of appeals of tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- Defense Intelligence Agency, the National competent jurisdiction as provided under erning disclosures that could expose con- Imagery and Mapping Agency, the National subsection (b)(2).’’. fidential Government agents); and the statutes which protect against disclosure that Security Agency; and (2) REVIEW OBTAINED BY OFFICE OF PER- may compromise the national security, in- ‘‘(II) as determined by the President, any SONNEL MANAGEMENT.—Section 7703(d) of executive agency or unit thereof the prin- title 5, United States Code, is amended to cluding sections 641, 793, 794, 798, and 952 of cipal function of which is the conduct of for- read as follows: title 18, United States Code, and section 4(b) eign intelligence or counterintelligence ac- ‘‘(d)(1) Except as provided under paragraph of the Subversive Activities Act of 1950 (50 tivities, if the determination (as that deter- (2), this paragraph shall apply to any review U.S.C. 783(b)). The definitions, requirements, mination relates to a personnel action) is obtained by the Director of the Office of Per- obligations, rights, sanctions, and liabilities made before that personnel action; or’’. sonnel Management. The Director of the Of- created by such Executive order and such (g) ATTORNEY FEES.—Section 1204(m)(1) of fice of Personnel Management may obtain statutory provisions are incorporated into title 5, United States Code, is amended by review of any final order or decision of the this agreement and are controlling.’’. striking ‘‘agency involved’’ and inserting Board by filing, within 60 days after the date (B) ENFORCEABILITY.—Any nondisclosure ‘‘agency where the prevailing party is em- the Director received notice of the final policy, form, or agreement described under ployed or has applied for employment’’. order or decision of the Board, a petition for subparagraph (A) that does not contain the (h) DISCIPLINARY ACTION.—Section judicial review in the United States Court of statement required under subparagraph (A) 1215(a)(3) of title 5, United States Code, is Appeals for the Federal Circuit if the Direc- may not be implemented or enforced to the amended to read as follows: tor determines, in his discretion, that the extent such policy, form, or agreement is in- ‘‘(3)(A) A final order of the Board may im- Board erred in interpreting a civil service consistent with that statement. pose— law, rule, or regulation affecting personnel (2) PERSONS OTHER THAN GOVERNMENT EM- ‘‘(i) disciplinary action consisting of re- management and that the Board’s decision PLOYEES.—Notwithstanding paragraph (1), a moval, reduction in grade, debarment from will have a substantial impact on a civil nondisclosure policy, form, or agreement Federal employment for a period not to ex- service law, rule, regulation, or policy direc- that is to be executed by a person connected ceed 5 years, suspension, or reprimand; tive. If the Director did not intervene in a with the conduct of an intelligence or intel- ‘‘(ii) an assessment of a civil penalty not to matter before the Board, the Director may ligence-related activity, other than an em- exceed $1,000; or not petition for review of a Board decision ployee or officer of the United States Gov- ‘‘(iii) any combination of disciplinary ac- under this section unless the Director first ernment, may contain provisions appropriate tions described under clause (i) and an as- petitions the Board for a reconsideration of to the particular activity for which such doc- sessment described under clause (ii). its decision, and such petition is denied. In ument is to be used. Such form or agreement ‘‘(B) In any case in which the Board finds addition to the named respondent, the Board shall, at a minimum, require that the person that an employee has committed a prohib- and all other parties to the proceedings be- will not disclose any classified information ited personnel practice under paragraph (8) fore the Board shall have the right to appear received in the course of such activity unless or (9) of section 2302(b), the Board shall im- in the proceeding before the Court of Ap- specifically authorized to do so by the pose disciplinary action if the Board finds peals. The granting of the petition for judi- United States Government. Such nondisclo- that the activity protected under paragraph cial review shall be at the discretion of the sure forms shall also make it clear that such (8) or (9) of section 2302(b) was a significant Court of Appeals. forms do not bar disclosures to Congress or motivating factor, even if other factors also ‘‘(2) During the 5-year period beginning on to an authorized official of an executive motivated the decision, for the employee’s the effective date of the Federal Employee agency or the Department of Justice that decision to take, fail to take, or threaten to Protection of Disclosures Act, this para- are essential to reporting a substantial vio- take or fail to take a personnel action, un- graph shall apply to any review relating to lation of law. less that employee demonstrates, by prepon- paragraph (8) or (9) of section 2302(b) ob- (l) CLARIFICATION OF WHISTLEBLOWER derance of evidence, that the employee tained by the Director of the Office of Per- RIGHTS FOR CRITICAL INFRASTRUCTURE INFOR- would have taken, failed to take, or threat- sonnel Management. The Director of the Of- MATION.—Section 214(c) of the Homeland Se- ened to take or fail to take the same per- fice of Personnel Management may obtain curity Act of 2002 (Public Law 107–296) is sonnel action, in the absence of such pro- review of any final order or decision of the amended by adding at the end the following: tected activity.’’. Board by filing, within 60 days after the date ‘‘For purposes of this section a permissible (i) SPECIAL COUNSEL AMICUS CURIAE AP- the Director received notice of the final use of independently obtained information PEARANCE.—Section 1212 of title 5, United order or decision of the Board, a petition for includes the disclosure of such information States Code, is amended by adding at the end judicial review in the United States Court of under section 2302(b)(8) of title 5, United the following: Appeals for the Federal Circuit or any court States Code.’’. ‘‘(h)(1) The Special Counsel is authorized of appeals of competent jurisdiction as pro- (m) ADVISING EMPLOYEES OF RIGHTS.—Sec- to appear as amicus curiae in any action vided under subsection (b)(2) if the Director tion 2302(c) of title 5, United States Code, is brought in a court of the United States re- determines, in his discretion, that the Board amended by inserting ‘‘, including how to lated to any civil action brought in connec- erred in interpreting paragraph (8) or (9) of make a lawful disclosure of information that tion with section 2302(b)(8) or (9), or subsection 2302(b). If the Director did not inter- is specifically required by law or Executive chapter III of chapter 73, or as otherwise au- vene in a matter before the Board, the Direc- order to be kept secret in the interest of na- thorized by law. In any such action, the Spe- tor may not petition for review of a Board tional defense or the conduct of foreign af- cial Counsel is authorized to present the decision under this section unless the Direc- fairs to the Special Counsel, the Inspector views of the Special Counsel with respect to tor first petitions the Board for a reconsider- General of an agency, Congress, or other compliance with section 2302(b) (8) or (9) or ation of its decision, and such petition is de- agency employee designated to receive such subchapter III of chapter 77 and the impact nied. In addition to the named respondent, disclosures’’ after ‘‘chapter 12 of this title’’. court decisions would have on the enforce- the Board and all other parties to the pro- (n) SCOPE OF DUE PROCESS.— ment of such provisions of law. ceedings before the Board shall have the (1) SPECIAL COUNSEL.—Section ‘‘(2) A court of the United States shall right to appear in the proceeding before the 1214(b)(4)(B)(ii) of title 5, United States Code, grant the application of the Special Counsel court of appeals. The granting of the petition is amended by inserting ‘‘, after a finding to appear in any such action for the purposes for judicial review shall be at the discretion that a protected disclosure was a contrib- described in subsection (a).’’. of the Court of Appeals.’’. uting factor,’’ after ‘‘ordered if’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7842 CONGRESSIONAL RECORD — SENATE July 8, 2004 (2) INDIVIDUAL ACTION.—Section 1221(e)(2) of lar partnerships also exist in the devel- the future leaders of the Nation understand title 5, United States Code, is amended by in- opment of agricultural, defense, tele- the history of military action and the con- serting ‘‘, after a finding that a protected communications, and other tech- tributions and sacrifices of those who con- disclosure was a contributing factor,’’ after nologies. This record demonstrates the duct such actions; and ‘‘ordered if’’. Whereas, on November 10, 2003, President potential of a similar binational foun- (o) EFFECTIVE DATE.—This Act shall take George W. Bush issued a proclamation urg- effect 30 days after the date of enactment of dation in the area of homeland secu- ing all the people of the United States to ob- this Act. rity. serve November 9 through November 15, 2003, As recent international events have as ‘‘National Veterans Awareness Week’’: By Ms. COLLINS (for herself and demonstrated, the fight against ter- Now, therefore, be it Mr. LIEBERMAN): rorism knows no borders. This legisla- Resolved, S. 2635. A bill to establish an inter- tion will enable our Nation to deploy SECTION 1. NATIONAL VETERANS AWARENESS governmental grant program to iden- the highest quality and most innova- WEEK. tify and develop homeland security in- tive tools to improve our homeland se- (a) SENSE OF THE SENATE.—It is the sense formation, equipment, capabilities, curity. I ask you to join me in sup- of the Senate that the President should des- technologies, and services to further ignate the week of November 7 through No- porting this effort to enhance our Na- vember 13, 2004, as ‘‘National Veterans the homeland security needs of Fed- tion’s fight against terrorism. Awareness Week’’. eral, State, and local governments; to f (b) PROCLAMATION.—The Senate requests the Committee on Governmental Af- the President to issue a proclamation— fairs. SUBMITTED RESOLUTIONS (1) designating the week of November 7 Ms. COLLINS. Mr. President, the through November 13, 2004, as ‘‘National Vet- United States and Israel share a strong erans Awareness Week’’ for the purpose of SENATE RESOLUTION 401—DESIG- emphasizing educational efforts directed at and enduring friendship. We also share NATING THE WEEK OF NOVEM- the threat of terrorist attacks against elementary and secondary school students BER 7 THROUGH NOVEMBER 13, concerning the contributions and sacrifices our citizens. Yet, while terrorism with- 2004, AS ‘‘NATIONAL VETERANS of veterans; and in our borders is relatively new to us, AWARENESS WEEK’’ TO EMPHA- (2) calling on the people of the United Israelis have confronted this danger for SIZE THE NEED TO DEVELOP States to observe National Veterans Aware- decades. Israel’s long history of fight- EDUCATIONAL PROGRAMS RE- ness Week with appropriate educational ac- ing terrorism has spurred Israeli busi- GARDING THE CONTRIBUTIONS tivities. nesses, researchers and academics to OF VETERANS TO THE COUNTRY. develop highly sophisticated homeland SENATE CONCURRENT RESOLU- security technologies, particularly in Mr. BIDEN (for himself, Mr. ALLEN, TION 121—SUPPORTING THE the fields of border integrity, transpor- Mr. BOND, Mrs. BOXER, Mr. BREAUX, GOALS AND IDEALS OF THE tation security, and first responder Mr. BUNNING, Mr. CAMPBELL, Ms. CANT- WORLD YEAR OF PHYSICS WELL, Mr. CARPER, Mr. CHAFEE, Mr. equipment. As the United States pur- Mr. BINGAMAN (for himself and Mr. sues new approaches to protecting our CHAMBLISS, Mrs. CLINTON, Mr. COCH- RAN, Mr. COLEMAN, Ms. COLLINS, Mr. DOMENICI) submitted the following con- Nation, it only makes sense to look to current resolution; which was referred Israel’s extensive expertise in this CONRAD, Mr. CORNYN, Mr. CORZINE, Mr. DAYTON, Mrs. DOLE, Mr. DORGAN, Mr. to the Committee on Energy and Nat- area. ural Resources: This is why I am introducing legisla- DURBIN, Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. GRAHAM of Florida, Mr. GRASSLEY, S. CON. RES. 121 tion with Senator LIEBERMAN to establish a program to provide funds to eli- Mr. GREGG, Mr. HAGEL, Mr. HOLLINGS, Whereas throughout history, physics has contributed to knowledge, civilization, and gible joint ventures between American Mr. INOUYE, Mr. JOHNSON, Mr. KEN- NEDY, Ms. LANDRIEU, Mr. LEVIN, Mr. culture around the world; firms and businesses in countries such Whereas physics research has been and LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, as Israel that are already highly fo- continues to be a driving force for scientific, cused on the homeland security issue Mr. MILLER, Ms. MURKOWSKI, Mrs. technological, and economic development; and have demonstrated the capacity MURRAY, Mr. NELSON of Florida, Mr. Whereas many emerging fields in science for fruitful cooperation with America ROCKEFELLER, Mr. SARBANES, Mr. SES- and technology, such as nanoscience, infor- in the area of counterterrorism. SIONS, Ms. SNOWE, Mr. SPECTER, Mr. mation technology, and biotechnology, are This program will act as a revolving SUNUNU, Mr. TALENT, Mr. THOMAS, Mr. substantially based on, and derive many VOINOVICH, Mr. WARNER, Mr. WYDEN, tools from, fundamental discoveries in phys- fund to develop new homeland security ics and physics applications; technologies. As these technologies are and Mr. SMITH) submitted the following resolution; which was referred to the Whereas physics will continue to play a deployed and become profitable, the vital role in addressing many 21st-century businesses that developed them will be Committee on the Judiciary. challenges relating to sustainable develop- required to repay the program for the S. RES. 401 ment, including environmental conservation, amount of the funds. This requirement, Whereas tens of millions of Americans clean sources of energy, public health, and which has worked for similar existing have served in the Armed Forces of the security; programs, will help sustain the avail- United States during the past century; Whereas Albert Einstein is a widely recog- Whereas hundreds of thousands of Ameri- nized scientific figure who contributed enor- ability of funds for future funds. cans have given their lives while serving in mously to the development of physics, begin- The program will be managed by the the Armed Forces during the past century; ning in 1905 with Einstein’s groundbreaking Department of Homeland Security. It Whereas the contributions and sacrifices of papers on the photoelectric effect, the size of will dedicate $25 million toward these the men and women who served in the Armed molecules, Brownian motion, and the theory joint ventures that develop, manufac- Forces have been vital in maintaining the of relativity that led to Einstein’s most fa- ture, sell, or otherwise provide prod- freedoms and way of life enjoyed by the peo- mous equation, E = mc2; ucts and services with applications re- ple of the United States; Whereas 2005 will be the 100th anniversary lated to homeland security. Whereas the advent of the all-volunteer of the publication of those groundbreaking This legislation will build upon a Armed Forces has resulted in a sharp decline papers; in the number of individuals and families Whereas the General Assembly of the number of other highly successful pub- who have had any personal connection with International Union of Pure and Applied lic-private partnerships between busi- the Armed Forces; Physics unanimously approved the propo- nesses in the United States and those Whereas this reduction in familiarity with sition designating 2005 as the World Year of located in countries such as Israel. the Armed Forces has resulted in a marked Physics; and Since its founding in 1977, the Bi-Na- decrease in the awareness by young people of Whereas the Department of Energy is the tional Industrial Research and Devel- the nature and importance of the accom- leading source of Federal support for aca- opment Foundation (BIRD) has created plishments of those who have served in the demic physics research, accounting for a ma- numerous research and development Armed Forces, despite the current edu- jority of Federal funding for physics: Now, cational efforts of the Department of Vet- therefore, be it partnerships between American and erans Affairs and the veterans service orga- Resolved by the Senate (the House of Rep- Israeli businesses. The BIRD Founda- nizations; resentatives concurring), That Congress— tion has invested $180 million in 600 Whereas the system of civilian control of (1) supports the goals and ideals of the projects during the past 27 years. Simi- the Armed Forces makes it essential that World Year of Physics, as designated by the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7843 General Assembly of the International Union At the appropriate place, insert the fol- ‘‘(ii) the products, goods, or services re- of Pure and Applied Physics; lowing: sponsible for causing the injuries to the per- (2) encourages the people of the United SEC. ll. FAIR MINIMUM WAGE. son or risk to the person’s life were sold, States to observe the World Year of Physics (a) SHORT TITLE.—This section may be marketed, distributed, purchased, or ob- as a special occasion for giving impetus to— cited as the ‘‘Fair Minimum Wage Act of tained in the State in which the action is (A) education and research in physics; and 2004’’. filed; (B) the public’s understanding of physics; (b) INCREASE IN THE MINIMUM WAGE.— ‘‘(iii) the time the alleged harm occurred, (3) calls on the Secretary of Energy to lead (1) IN GENERAL.—Section 6(a)(1) of the Fair all the plaintiff class members were citizens and coordinate Federal activities to com- Labor Standards Act of 1938 (29 U.S.C. of the State in which the action is filed; memorate the World Year of Physics; 206(a)(1)) is amended to read as follows: ‘‘(iv) the time the alleged harm occurred, (4) encourages the Secretary, all science- ‘‘(1) except as otherwise provided in this the defendant was registered to do business related organizations, the private sector, and section, not less than— in the State in which the action is filed; and the media to highlight and give enhanced ‘‘(A) $5.85 an hour, beginning on the 60th ‘‘(v) the claims asserted allege violations recognition to— day after the date of enactment of the Fair of State law. (A) the role of physics in social, cultural, Minimum Wage Act of 2004; and economic development; and ‘‘(B) $6.45 an hour, beginning 12 months SA 3558. Mr. DURBIN submitted an (B) the positive impact and contributions after that 60th day; and amendment intended to be proposed by of physics to society; and ‘‘(C) $7.00 an hour, beginning 24 months him to the bill S. 2062, to amend the (5) encourages the Secretary and all people after that 60th day;’’. procedures that apply to consideration involved in physics education and research (2) EFFECTIVE DATE.—The amendment of interstate class actions to assure to take additional steps (including strength- made by paragraph (1) shall take effect 60 fairer outcomes for class members and ening existing and emerging fields of physics days after the date of enactment of this Act. defendants, and for other purposes; research and promoting the understanding of (c) APPLICABILITY OF MINIMUM WAGE TO THE which was ordered to lie on the table; physics) to ensure that— COMMONWEALTH OF THE NORTHERN MARIANA (A) support for physics continues; and ISLANDS.— as follows: (B) physics studies at all levels continue to (1) IN GENERAL.—Section 6 of the Fair On page 26, strike line 21 and insert the fol- attract an adequate number of students. Labor Standards Act of 1938 (29 U.S.C. 206) lowing: f shall apply to the Commonwealth of the SEC. 9. EXCLUDED ACTIONS. Northern Mariana Islands. (a) IN GENERAL.—This Act, and the amend- AMENDMENTS SUBMITTED AND (2) TRANSITION.—Notwithstanding para- ments made by this Act, shall not apply to PROPOSED graph (1), the minimum wage applicable to any civil action relating to a tobacco prod- the Commonwealth of the Northern Mariana uct. SA 3555. Mrs. BOXER (for herself, Mr. KEN- Islands under section 6(a)(1) of the Fair (b) DEFINED TERM.—As used in this section, NEDY, Mr. BYRD, Ms. MIKULSKI, Mrs. CLINTON, Labor Standards Act of 1938 (29 U.S.C. the term ‘‘tobacco product’’ means— Mr. LIEBERMAN, Mr. LEVIN, Mr. FEINGOLD, 206(a)(1)) shall be— (1) a cigarette, as defined in section 3 of Mr. CORZINE, Mr. SCHUMER, Mr. LEAHY, and (A) $3.55 an hour, beginning on the 60th day the Federal Cigarette Labeling and Adver- Mr. WYDEN) submitted an amendment in- after the date of enactment of this Act; and tising Act (15 U.S.C. 1332); tended to be proposed by her to the bill S. (2) a little cigar, as defined in section 3 of 2062, to amend the procedures that apply to (B) increased by $0.50 an hour (or such lesser amount as may be necessary to equal the the Federal Cigarette Labeling and Adver- consideration of interstate class actions to tising Act (15 U.S.C. 1332); assure fairer outcomes for class members minimum wage under section 6(a)(1) of such Act), beginning 6 months after the date of (3) a cigar, as defined in section 5702(a) of and defendants, and for other purposes; the Internal Revenue Code of 1986; which was ordered to lie on the table. enactment of this Act and every 6 months thereafter until the minimum wage applica- (4) pipe tobacco; SA 3556. Mr. DURBIN submitted an amend- (5) loose rolling tobacco and papers used to ment intended to be proposed by him to the ble to the Commonwealth of the Northern Mariana Islands under this subsection is contain that tobacco; bill S. 2062, supra; which was ordered to lie (6) a product referred to as smokeless to- on the table. equal to the minimum wage set forth in such section. bacco, as defined in section 9 of the Com- SA 3557. Mr. DURBIN submitted an amend- prehensive Smokeless Tobacco Health Edu- ment intended to be proposed by him to the cation Act of 1986 (15 U.S.C.4408); and bill S. 2062, supra; which was ordered to lie SA 3556. Mr. DURBIN submitted an amendment intended to be proposed by (7) any other form of tobacco intended for on the table. human consumption. SA 3558. Mr. DURBIN submitted an amend- him to the bill S. 2062, to amend the SEC. 10. EFFECTIVE DATE. ment intended to be proposed by him to the procedures that apply to consideration bill S. 2062, supra; which was ordered to lie of interstate class actions to assure SA 3559. Mr. ENSIGN (for himself, on the table. fairer outcomes for class members and Mr. SUNUNU, and Mr. ALLEN) submitted SA 3559. Mr. ENSIGN (for himself, Mr. defendants, and for other purposes; an amendment intended to be proposed SUNUNU, and Mr. ALLEN) submitted an which was ordered to lie on the table; amendment intended to be proposed by him by him to the bill S. 2062, to amend the to the bill S. 2062, supra; which was ordered as follows: procedures that apply to consideration to lie on the table. On page 21, lines 1 and 2, after ‘‘defendant’’ of interstate class actions to assure SA 3560. Mr. KENNEDY (for himself, Mr. insert ‘‘or by the court sua sponte’’. fairer outcomes for class members and On page 21, line 9, strike ‘‘solely’’. CORZINE, Ms. MIKULSKI, Ms. CANTWELL, Mrs. defendants, and for other purposes; MURRAY, and Mr. AKAKA) submitted an which was ordered to lie on the table; amendment intended to be proposed by him SA 3557. Mr. DURBIN submitted an to the bill S. 2062, supra; which was ordered amendment intended to be proposed by as follows: to lie on the table. him to the bill S. 2062, to amend the On page 26, line 23, strike ‘‘commenced’’ SA 3561. Mr. ENZI submitted an amend- procedures that apply to consideration and insert ‘‘in which the entry of a class cer- ment intended to be proposed by him to the of interstate class actions to assure tification order (as defined in section bill S. 2062, supra; which was ordered to lie 1332(d)(1)(C) of title 28, United States Code) fairer outcomes for class members and occurs’’. on the table. defendants, and for other purposes; f which was ordered to lie on the table; SA 3560. Mr. KENNEDY (for himself, TEXT OF AMENDMENTS as follows: Mr. CORZINE, Ms. MIKULSKI, Ms. CANT- WELL, Mrs. MURRAY, and Mr. AKAKA) SA 3555. Mrs. BOXER (for herself, Mr. On page 18, line 7, strike ‘‘or’’. On page 18, line 8, insert ‘‘over a class ac- submitted an amendment intended to KENNEDY, Mr. BYRD, Ms. MIKULSKI, tion in which’’ after ‘‘(B)’’. be proposed by him to the bill S. 2062, Mrs. CLINTON, Mr. LIEBERMAN, Mr. On page 18, line 11, strike the period and to amend the procedures that apply to LEVIN, Mr. FEINGOLD, Mr. CORZINE, Mr. insert ‘‘; or’’. consideration of interstate class ac- SCHUMER, Mr. LEAHY, and Mr. WYDEN) On page 18, between lines 11 and 12, insert tions to assure fairer outcomes for submitted an amendment intended to the following: class members and defendants, and for be proposed by her to the bill S. 2062, to ‘‘(C) except for a class action in which any member of a proposed plaintiff class is a cit- other purposes; which was ordered to amend the procedures that apply to lie on the table; as follows: consideration of interstate class ac- izen of a State different from any defendant, over a class action in which— On page 15, strike lines 3 through 7, and in- tions to assure fairer outcomes for ‘‘(i) the alleged harm that resulted in inju- sert the following: class members and defendants, and for ries to the person or risk to the person’s life ‘‘(B) the term ‘class action’— other purposes; which was ordered to occurred in the State in which the action is ‘‘(i) means any civil action filed under rule lie on the table; as follows: filed; 23 of the Federal Rules of Civil Procedure or

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7844 CONGRESSIONAL RECORD — SENATE July 8, 2004 similar State statute or rule of judicial pro- Sec. 213. Administration. SEC. 102. PURPOSE. cedure authorizing an action to be brought Sec. 214. Duties. Section 106 (29 U.S.C. 2811) is amended by by 1 or more representative persons as a Sec. 215. Leadership in scientifically based inserting at the end the following: ‘‘It is also class action; and reading instruction. the purpose of this subtitle to provide work- ‘‘(ii) does not include— Sec. 216. National Institute for Literacy Ad- force investment activities in a manner that ‘‘(I) any class action brought under a State visory Board. promotes the informed choice of participants civil rights law prohibiting discrimination Sec. 217. Gifts, bequests, and devises. and actively involves participants in deci- on the basis of race, color, religion, sex, na- Sec. 218. Mails. sions affecting their participation in such tional origin, age, disability, or other classi- Sec. 219. Applicability of certain civil serv- activities.’’. fication specified in that law; or ice laws. SEC. 103. STATE WORKFORCE INVESTMENT ‘‘(II) any class action or collective action Sec. 220. Experts and consultants. BOARDS. Sec. 221. Report. brought to obtain relief under State law for (a) MEMBERSHIP.— Sec. 222. Definitions. (1) IN GENERAL.—Section 111(b) (29 U.S.C. failure to pay the minimum wage, overtime Sec. 223. Authorization of appropriations. pay, or wages for all time worked, failure to 2821(b)) is amended— Sec. 224. Reservation. (A) by amending paragraph (1)(C) to read provide rest or meal breaks, or unlawful use Sec. 225. Authority to publish. of child labor; as follows: PART C—GENERAL PROVISIONS ‘‘(C) representatives appointed by the Gov- SA 3561. Mr. ENZI submitted an Sec. 241. Transition. ernor, who are— ‘‘(i)(I) the lead State agency officials with amendment intended to be proposed by TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT responsibility for the programs and activi- him to the bill S. 2062, to amend the ties that are described in section 121(b) and procedures that apply to consideration Sec. 301. Amendments to the Wagner-Peyser carried out by one-stop partners; of interstate class actions to assure Act. ‘‘(II) in any case in which no lead State fairer outcomes for class members and TITLE IV—AMENDMENTS TO THE agency official has responsibility for such a defendants, and for other purposes; REHABILITATION ACT OF 1973 program or activity, a representative in the which was ordered to lie on the table; Sec. 401. Chairperson. State with expertise relating to such program or activity; and as follows: Sec. 402. Rehabilitation Services Adminis- tration. ‘‘(III) if not included under subclause (I), At the appropriate place, insert the fol- Sec. 403. Director. the director of the State unit, defined in sec- lowing: Sec. 404. State goals. tion 7(8)(B) of the Rehabilitation Act of 1973 DIVISION ll—WORKFORCE Sec. 405. Authorizations of appropriations. (29 U.S.C. 705(8)(B)) except that in a State REINVESTMENT AND ADULT EDUCATION Sec. 406. Helen Keller National Center Act. that has established 2 or more designated SEC. 1. SHORT TITLE. TITLE V—TRANSITION AND EFFECTIVE State units to administer the vocational re- This division may be cited as the ‘‘Work- DATE habilitation program, the board representa- force Reinvestment and Adult Education Act Sec. 501. Transition provisions. tive shall be the director of the designated of 2003’’. Sec. 502. Effective date. State unit that serves the most individuals SEC. 3. REFERENCES. with disabilities in the State; SEC. 2. TABLE OF CONTENTS. ‘‘(ii) the State agency officials responsible The table of contents for this division is as Except as otherwise expressly provided, wherever in this division an amendment or for economic development; follows: ‘‘(iii) representatives of business in the Sec. 1. Short title. repeal is expressed in terms of an amendment to, or repeal of, a section or other pro- State who— Sec. 2. Table of contents. ‘‘(I) are owners of businesses, chief execu- Sec. 3. References. vision, the amendment or repeal shall be considered to be made to a section or other tive or operating officers of businesses, and TITLE I—AMENDMENTS TO TITLE I OF provision of the Workforce Investment Act other business executives or employers with THE WORKFORCE INVESTMENT ACT OF of 1998 (20 U.S.C. 9201 et seq.). optimum policy making or hiring authority, 1998 including members of local boards described TITLE I—AMENDMENTS TO TITLE I OF in section 117(b)(2)(A)(i); Sec. 101. Definitions. THE WORKFORCE INVESTMENT ACT OF Sec. 102. Purpose. ‘‘(II) represent businesses with employ- 1998 Sec. 103. State workforce investment boards. ment opportunities that reflect employment Sec. 104. State plan. SEC. 101. DEFINITIONS. opportunities in the State; and Sec. 105. Local workforce investment areas. Section 101 (29 U.S.C. 2801) is amended— ‘‘(III) are appointed from among individ- Sec. 106. Local workforce investment (1) in paragraph (8)(C), by striking ‘‘not uals nominated by State business organiza- boards. less than 50 percent of the cost of the train- tions and business trade associations; Sec. 107. Local plan. ing’’ and inserting ‘‘a significant portion of ‘‘(iv) chief elected officials (representing Sec. 108. Establishment of one-stop delivery the cost of training, as determined by the both cities and counties, where appropriate); systems. local board’’; ‘‘(v) representatives of labor organizations, Sec. 109. Eligible providers of training serv- (2) by striking paragraph (13) and redesig- who have been nominated by State labor fed- ices. nating paragraphs (1) through (12) as para- erations; and Sec. 110. Eligible providers of youth activi- graphs (2) through (13) respectively; ‘‘(vi) such other representatives and State ties. (3) by inserting the following new para- agency officials as the Governor may des- Sec. 111. Youth activities. graph after ‘‘In this title:’’: ignate.’’; and Sec. 112. Comprehensive program for adults. ‘‘(1) ACCRUED EXPENDITURES.—The term (B) in paragraph (3), by striking ‘‘para- Sec. 113. Performance accountability sys- ‘accrued expenditures’ includes the sum of graph (1)(C)(i)’’ and inserting ‘‘paragraph tem. actual cash disbursements for direct charges (1)(C)(iii)’’. Sec. 114. Authorization of appropriations. for goods and services, the net increase or (2) CONFORMING AMENDMENT.—Section Sec. 115. Job Corps. decrease in the amounts owed by recipients, 111(c) (29 U.S.C 2811(c)) is amended by strik- Sec. 116. Native American programs. goods and other property received for serving ‘‘subsection (b)(1)(C)(i)’’ and inserting Sec. 117. Youth challenge grants. ices performed by employees, contractors, ‘‘subsection (b)(1)(C)(iii)’’. Sec. 118. Technical assistance. subgrantees, or other payees, and other (b) FUNCTIONS.—Section 111(d) (29 U.S.C. Sec. 119. Demonstration, pilot, multiservice, amounts becoming owned for which no cur- 2811(d)) is amended— research and multistate rent service or performance is required.’’; (1) by amending paragraph (3) to read as projects. (4) by striking paragraph (24) and redesig- follows: Sec. 120. Evaluations. nating paragraphs (25) through (32) as para- ‘‘(3) development and review of statewide Sec. 121. Authorization of appropriations for graphs (24) through (31), respectively; policies affecting the integrated provision of national activities. (5) in paragraph (24) (as so redesignated)— services through the one-stop delivery sys- Sec. 122. Requirements and restrictions. (A) in subparagraph (B), by striking ‘‘high- tem described in section 121, including— Sec. 123. Nondiscrimination. er of—’’ and all that follows through such ‘‘(A) the development of criteria for, and Sec. 124. Administrative provisions. subparagraph and inserting ‘‘poverty line for the issuance of, certifications of one-stop Sec. 125. General program requirements. an equivalent period;’’; and centers; TITLE II—ADULT EDUCATION (B) by redesignating subparagraphs (D) ‘‘(B) the criteria for the allocation of one- PART A—ADULT BASIC SKILLS AND FAMILY through (F) as subparagraph (E) through (G), stop center infrastructure funding under sec- LITERACY EDUCATION respectively, and inserting after subpara- tion 121(h), and oversight of the use of such graph (C) the following: funds; Sec. 201. Table of contents. ‘‘(D) receives or is eligible to receive free ‘‘(C) approaches to facilitating equitable Sec. 202. Amendment. or reduced price lunch;’’; and and efficient cost allocation in one-stop de- PART B—NATIONAL INSTITUTE FOR LITERACY (6) by striking paragraph (33) and redesig- livery systems; and Sec. 211. Short title; purpose. nating paragraphs (34) through (53) as para- ‘‘(D) such other matters that may promote Sec. 212. Establishment. graphs (32) through (51), respectively. statewide objectives for, and enhance the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7845 performance of, one-stop delivery systems and the Governor determines that such local SEC. 108. ESTABLISHMENT OF ONE-STOP DELIV- within the State;’’; area did not perform successfully during ERY SYSTEMS. (2) in paragraph (4), by inserting ‘‘and the such period.’’. (a) ONE-STOP PARTNERS.— development of State criteria relating to the (b) REGIONAL PLANNING.—Section 116(c)(1) (1) REQUIRED PARTNERS.—Section 121(b)(1) appointment and certification of local (29 U.S.C. 2831(c)(1)) is amended by adding at (29 U.S.C. 2841(b)(1)) is amended— boards under section 117’’ after ‘‘section 116’’; the end the following: ‘‘The State may re- (A) in subparagraph (B)— (3) in paragraph (5), by striking ‘‘sections quire the local boards for the designated re- (i) by striking clauses (ii) and (v) 128(b)(3)(B) and 133(b)(3)(B)’’ and inserting gion to prepare a single regional plan that (ii) by redesignating clauses (iii) and (iv) as ‘‘sections 128(b)(3) and 133(b)(3)’’; and incorporates the elements of the local plan clauses (ii) and (iii), respectively, and by re- (4) in paragraph (9), by striking ‘‘section under section 118 and that is submitted and designating clauses (vi) through (xii) as 503’’ and inserting ‘‘section 136(i)’’. approved in lieu of separate local plans under clauses (iv) through (x), respectively; (c) ELIMINATION OF ALTERNATIVE ENTITY such section.’’. (iii) in clause (ix) (as so redesignated), by AND PROVISION OF AUTHORITY TO HIRE SEC. 106. LOCAL WORKFORCE INVESTMENT striking ‘‘and’’; STAFF.—Section 111(e) (29 U.S.C. 2821(e)) is BOARDS. (iv) in clause (x) (as so redesignated), by amended to read as follows: (a) COMPOSITION.—Section 117(b)(2)(A) (29 striking the period and inserting ‘‘; and’’; ‘‘(e) AUTHORITY TO HIRE STAFF.—The State U.S.C. 2832(b)(2)(A)) is amended— and board may hire staff to assist in carrying out (1) in clause (i)(II), by inserting ‘‘, busi- (v) by inserting after clause (x)(as so redes- the functions described in subsection (d).’’. nesses that are in the leading industries in ignated) the following: SEC. 104. STATE PLAN. the local area, and large and small busi- ‘‘(xi) programs authorized under part A of (a) PLANNING CYCLE.—Section 112(a) (29 nesses in the local area’’ after ‘‘local area’’; title IV of the Social Security Act (42 U.S.C. U.S.C. 2822(a)) is amended by striking ‘‘5- (2) by amending clause (ii) to read as fol- 601 et. seq.), subject to subparagraph (C).’’; year strategy’’ and inserting ‘‘2-year strat- lows: and egy’’. ‘‘(ii) superintendents of the local secondary (B) by adding after subparagraph (B) the (b) CONTENTS.—Section 112(b)(17)(A) (29 school systems, administrators of entities following: U.S.C. 2822(b)(17)(A)) is amended— providing adult education and literacy ac- ‘‘(C) DETERMINATION BY THE GOVERNOR.— (1) in clause (iii) by striking ‘‘and’’; tivities, and the presidents or chief executive The program referred to in clauses (xi) of (2) by amending clause (iv) to read as fol- officers of postsecondary educational insti- subparagraph (B) shall be included as a re- lows: tutions (including community colleges, quired partner for purposes of this title in a ‘‘(iv) how the State will serve the employ- where such entities exist);’’; State unless the Governor of the State noti- ment and training needs of dislocated work- (3) in clause (iv), by striking the semicolon fies the Secretary and the Secretary of ers (including displaced homemakers and and inserting ‘‘and faith-based organizations; Health and Human Services in writing of a formerly self-employed and transitioning and’’; and determination by the Governor not to in- farmers, ranchers, and fisherman) low in- (4) by striking clause (vi). clude such programs as required partners for come individuals (including recipients of (b) AUTHORITY OF BOARD MEMBERS.—Sec- purposes of this title in the State.’’. public assistance), homeless individuals, ex- tion 117(b)(3) (29 U.S.C. 2832(b) is amended— (2) ADDITIONAL PARTNERS.—Section offenders, individuals training for nontradi- (1) in the heading, by inserting ‘‘AND REP- 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amend- tional employment, and other individuals RESENTATION’’ after ‘‘MEMBERS’’; and ed— with multiple barriers to employment (in- (2) by adding at the end the following: (A) by striking clause (i) and redesignating cluding older individuals);’’; and ‘‘The members of the board shall represent clauses (ii) through (v) as clauses (i) through (3) by adding the following new clause after diverse geographic sections within the local (iv) respectively; clause (iv): area.’’. (B) in clause (iii) (as so redesignated) by (c) FUNCTIONS.—Section 117(d) (29 U.S.C. ‘‘(v) how the State will serve the employ- striking ‘‘and’’ at the end; 2832(d)) is amended— ment and training needs of individuals with (C) in clause (iv) (as so redesignated) by (1) in paragraph (2)(B), by striking ‘‘local disabilities, consistent with section 188 and striking the period and inserting a semi- area’’ and all that follows and inserting Executive Order 13217 (relating to commu- colon; and ‘‘local area.’’; and nity-based alternatives for individuals with (D) by adding at the end the following new (2) in paragraph (4) by inserting ‘‘and en- disabilities) including the provision of out- clauses: sure the appropriate use and management of reach, intake, assessments, and service de- ‘‘(v) employment and training programs the funds provided under this title for such livery, the development of performance administered by the Social Security Admin- programs, activities, and system’’ after measures, and the training of staff; and’’. istration, including the Ticket to Work pro- ‘‘area’’. (c) MODIFICATION TO PLAN.—Section 112(d) gram (established by Public Law 106–170); (d) AUTHORITY TO ESTABLISH COUNCILS AND (29 U.S.C. 2822(d)) is amended by striking ‘‘5- ‘‘(vi) programs under part D of title IV of ELIMINATION OF REQUIREMENT FOR YOUTH year period’’ and inserting ‘‘2-year period’’. the Social Security Act (42 U.S.C. 451 et seq.) COUNCILS.—Section 117(h) (29 U.S.C. 2832(h)) SEC. 105. LOCAL WORKFORCE INVESTMENT is amended to read as follows: (relating to child support enforcement); and AREAS. ‘‘(h) ESTABLISHMENT OF COUNCILS.—The ‘‘(vii) programs carried out in the local (a) DESIGNATION OF AREAS.— local board may establish councils to provide area for individuals with disabilities, includ- (1) CONSIDERATIONS.—Section 116(a)(1)(B) information and advice to assist the local ing programs carried out by State agencies (29 U.S.C. 2831(a)(1)(B)) is amended by adding board in carrying out activities under this relating to mental health, mental retarda- at the end the following clause: title. Such councils may include a council tion, and developmental disabilities, State ‘‘(vi) The extent to which such local areas composed of one-stop partners to advise the Medicaid agencies, State Independent Living will promote efficiency in the administra- local board on the operation of the one-stop Councils, and Independent Living Centers.’’. tion and provision of services.’’. delivery system, a youth council composed (b) PROVISION OF SERVICES.—Subtitle B of (2) AUTOMATIC DESIGNATION.—Section of experts and stakeholders in youth pro- title I is amended— 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to grams to advise the local board on activities (1) by striking subsection (e) of section 121; read as follows: for youth, and such other councils as the (2) by moving subsection (c) of section 134 ‘‘(2) AUTOMATIC DESIGNATION.— local board determines are appropriate.’’. from section 134, redesignating such sub- ‘‘(A) IN GENERAL.—Except as provided in (e) REPEAL OF ALTERNATIVE ENTITY PROVI- section as subsection (e), and inserting such subparagraph (B) of this paragraph and sub- SION.—Section 117 (29 U.S.C. 2832) is further subsection (as so redesignated) after subsection (b), the Governor shall approve a re- amended by striking subsection (i). section (d) of section 121; and quest for designation as a local area from— SEC. 107. LOCAL PLAN. (3) by amending subsection (e) (as moved ‘‘(i) any unit of general local government (a) PLANNING CYCLE.—Section 118(a) (29 and redesignated by paragraph (2))— with a population of 500,000 or more; and U.S.C. 2833(a)) is amended by striking ‘‘5- (A) in paragraph (1)(A), by striking ‘‘sub- ‘‘(ii) an area served by a rural concentrated year’’ and inserting ‘‘2-year’’. section (d)(2)’’ and inserting ‘‘section employment program grant recipient that (b) CONTENTS.—Section 118(b) (29 U.S.C. 134(c)(2)’’; served as a service delivery area or substate 2833(b)) is amended— (B) in paragraph (1)(B)— area under the Job training Partnership Act (1) by amending paragraph (2) to read as (i) by striking ‘‘subsection (d)’’ and insert- (29 U.S.C. 1501 et seq.), follows: ing ‘‘section 134(c)’’; and for the 2-year period covered by a State plan ‘‘(2) a description of the one-stop delivery (ii) by striking ‘‘subsection (d)(4)(G)’’ and under section 112 if such request is made not system to be established or designated in the inserting ‘‘section 134(c)(4)(G)’’; later than the date of the submission of the local area, including a description of how the (C) in paragraph (1)(C), by striking ‘‘sub- State plan. local board will ensure the continuous im- section (e)’’ and inserting ‘‘section 134(d)’’; ‘‘(B) CONTINUED DESIGNATION BASED ON PER- provement of eligible providers of services (D) in paragraph (1)(D)— FORMANCE.—The Governor may deny a re- through the system and ensure that such (i) by striking ‘‘section 121(b)’’ and insert- quest for designation submitted pursuant to providers meets the employment needs of ing ‘‘subsection (b)’’; and subparagraph (A) if such unit of government local employers and participants.’’; and (ii) by striking ‘‘and’’ at the end; and was designated as a local area for the pre- (2) in paragraph (4), by striking ‘‘and dis- (E) by amending paragraph (1)(E) to read ceding 2-year period covered by a State plan located worker’’. as follows:

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7846 CONGRESSIONAL RECORD — SENATE July 8, 2004 ‘‘(E) shall provide access to the informa- served by such centers, and the performance may be disclosed without the prior written tion described in section 15(e) of the Wagner- of such centers. consent of the parent or eligible student in Peyser Act (29 U.S.C. 49l–2(e)).’’. ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- compliance with section 444 of the General (c) CERTIFICATION AND FUNDING OF ONE- poses of this subsection, the term ‘costs of Education Provisions Act (20 U.S.C. 1232g). STOP CENTERS.—Section 121 (as amended by infrastructure’ means the nonpersonnel costs ‘‘(c) PROCEDURES.—The procedures estab- subsection (b)) is further amended by adding that are necessary for the general operation lished under subsection (a) shall identify the at the end the following new subsections: of a one-stop center, including the rental application process for a provider of training ‘‘(g) CERTIFICATION OF ONE-STOP CEN- costs of the facilities, the costs of utilities services to become eligible to receive funds TERS.— and maintenance, equipment (including under section 133(b), and identify the respec- ‘‘(1) IN GENERAL.—The State board shall es- adaptive technology for individuals with dis- tive roles of the State and local areas in re- tablish procedures and criteria for periodi- abilities), strategic planning activities for ceiving and reviewing applications and in cally certifying one-stop center for the pur- the center, and common outreach activities. making determinations of eligibility based pose of awarding the one-stop infrastructure ‘‘(i) OTHER FUNDS.— on the criteria established under this sec- funding described in subsection (h). ‘‘(1) IN GENERAL.—In addition to the funds tion. The procedures shall also establish a ‘‘(2) CRITERIA.—The criteria for certifi- provided to carry out subsection (h), a por- process for a provider of training services to cation under this subsection shall include tion of funds made available under Federal appeal a denial or termination of eligibility minimum standards relating to the scope law authorizing the one-stop partner pro- under this section that includes an oppor- and degree of service integration achieved by grams described in subsection (b)(1)(B) and tunity for a hearing and prescribes appro- the centers involving the programs provided participating partner programs described in priate time limits to ensure prompt resolu- by the one-stop partners, and how the cen- subsection (b)(2)(B), or the noncash resources tion of the appeal. ters ensure that such providers meet the em- available under such programs shall be used ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS ployment needs of local employers and par- to pay the costs relating to the operation of IN CHOOSING PROVIDERS.—In order to facili- ticipants. the one-stop delivery system that are not tate and assist participants under chapter 5 ‘‘(3) EFFECT OF CERTIFICATION.—One-stop paid for from the funds provided under sub- in choosing providers of training services, centers certified under this subsection shall section (h), to the extent not inconsistent the Governor shall ensure that an appro- be eligible to receive the infrastructure with the Federal law involved including— priate list or lists of providers determined el- grants authorized under subsection (h). ‘‘(A) infrastructure costs that are in excess igible under this section in the State, accom- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— of the funds provided under subsection (h); panied by such information as the Governor ‘‘(1) PARTNER CONTRIBUTIONS.— ‘‘(B) common costs that are in addition to determines is appropriate, is provided to the ‘‘(A) PROVISION OF FUNDS.—Notwith- the costs of infrastructure; and local boards in the State to be made avail- standing any other provision of law, as de- ‘‘(C) the costs of the provision of core serv- able to such participants and to members of termined under subparagraph (B), a portion ices applicable to each program. the public through the one-stop delivery sys- of the Federal funds provided to the State ‘‘(2) DETERMINATION AND GUIDANCE.—The tem in the State. and areas within the State under the Federal method for determining the appropriate por- ‘‘(e) AGREEMENTS WITH OTHER STATES.— laws authorizing the one-stop partner pro- tion of funds to be provided by each program States may enter into agreements, on a re- grams described in subsection (b)(1)(B) and under paragraph (1) shall be determined as ciprocal basis, to permit eligible providers of participating additional partner programs part of the memorandum of understanding training services to accept individual train- described in (b)(2)(B) for a fiscal year shall be under subsection (c). The State board shall ing accounts provided in another State. provided to the Governor by such programs provide guidance to facilitate the determina- ‘‘(f) RECOMMENDATIONS.—In developing the to carry out this subsection. tion of appropriate funding allocation in criteria, procedures, and information re- ‘‘(B) DETERMINATION OF GOVERNOR.—Sub- local areas.’’. quired under this section, the Governor shall ject to subparagraph (C), the Governor, in SEC. 109. ELIGIBLE PROVIDERS OF TRAINING solicit and take into consideration the rec- consultation with the State board, shall de- SERVICES. ommendations of local boards and providers termine the portion of funds to be provided Section 122 (29 U.S.C. 2842) is amended to of training services within the State. under subparagraph (A) by each one-stop read as follows: ‘‘(g) OPPORTUNITY TO SUBMIT COMMENTS.— During the development of the criteria, pro- partner and in making such determination ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- shall consider the proportionate use of the VIDERS OF TRAINING SERVICES. cedures, and information required under this section, the Governor shall provide an oppor- one-stop centers by each partner, the costs ‘‘(a) IN GENERAL.—The Governor shall es- of administration for purposes not related to tablish criteria and procedures regarding the tunity for interested members of the public, one-stop centers for each partner, and other eligibility of providers of training services including representatives of business and relevant factors described in paragraph (3). described in section 134(c)(4) to receive funds labor organizations, to submit comments regarding such criteria, procedures, and infor- ‘‘(C) LIMITATIONS.— provided under section 133(b) for the provi- mation.’’. ‘‘(i) PROVISION FROM ADMINISTRATIVE sion of such training services. FUNDS.—The funds provided under this para- ‘‘(b) CRITERIA.— SEC. 110. ELIGIBLE PROVIDERS OF YOUTH AC- TIVITIES. graph by each one-stop partner shall be pro- ‘‘(1) IN GENERAL.—The criteria established vided only from funds available for the costs pursuant to subsection (a) shall take into ac- Section 123 (29 U.S.C. 2843) is amended to of administration under the program admin- count the performance of providers of train- read as follows: istered by such partner, and shall be subject ing services with respect to the indicators ‘‘SEC. 123. ELIGIBLE PROVIDERS OF YOUTH AC- to the limitations with respect to the por- described in section 136 or other appropriate TIVITIES. tion of funds under such programs that may indicators (taking into consideration the ‘‘(a) IN GENERAL.—From the funds allo- be used for administration. characteristics of the population served and cated under section 128(b) to a local area, the ‘‘(ii) FEDERAL DIRECT SPENDING PRO- relevant economic conditions), and such local board for such area shall award grants GRAMS.—Programs that are Federal direct other factors as the Governor determines are or contracts on a competitive basis to pro- spending under section 250(c)(8) of the Bal- appropriate to ensure the quality of services, viders of youth activities identified based on anced Budget and Emergency Deficit Control the accountability of providers, how the cen- the criteria in the State plan and shall con- Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for ters ensure that such providers meet the duct oversight with respect to such pro- purposes of this paragraph, be required to needs of local employers and participants, viders. provide an amount in excess of the amount and the informed choice of participants ‘‘(b) EXCEPTIONS.—A local board may determined to be equivalent to the propor- under chapter 5. Such criteria shall require award grants or contracts on a sole-source tionate use of the one-stop centers by such that the provider submit appropriate, accu- basis if such board determines there are an programs in the State. rate and timely information to the State for insufficient number of eligible providers of ‘‘(2) ALLOCATION BY GOVERNOR.—From the purposes of carrying out subsection (d). The training services in the local area involved funds provided under paragraph (1), the Gov- criteria shall also provide for periodic review (such as rural areas) for grants to be awarded ernor shall allocate funds to local areas in and renewal of eligibility under this section on a competitive basis under subsection accordance with the formula established for providers of training services. The Gov- (a).’’. under paragraph (3) for the purposes of as- ernor may authorize local areas in the State SEC. 111. YOUTH ACTIVITIES. sisting in paying the costs of the infrastruc- to establish additional criteria or to modify (a) STATE ALLOTMENTS.— ture of One-Stop centers certified under sub- the criteria established by the Governor (1) IN GENERAL.—Section 127(a) (29 U.S.C. section (g). under this section for purposes of deter- 2852(a)) is amended to read as follows: ‘‘(3) ALLOCATION FORMULA.—The State mining the eligibility of providers of train- ‘‘(a) ALLOTMENT AMONG STATES.— board shall develop a formula to be used by ing services to provide such services in the ‘‘(1) YOUTH ACTIVITIES.— the Governor to allocate the funds described local area. ‘‘(A) YOUTH CHALLENGE GRANTS.— in paragraph (1). The formula shall include ‘‘(2) LIMITATION.—In carrying out the re- ‘‘(i) RESERVATION OF FUNDS.—Of the such factors as the State board determines quirements of this subsection, no personally amount appropriated under section 137(a) for are appropriate, which may include factors identifiable information regarding a student, each fiscal year, the Secretary shall reserve such as the number of centers in the local including Social Security number, student 25 percent to provide youth challenge grants area that have been certified, the population identification number, or other identifier, under section 169.

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‘‘(ii) LIMITATION.—Notwithstanding clause that is received by the State involved for fis- uals in the civilian labor force who are ages (i), if the amount appropriated under section cal year 2003. 16–19 in each local area, compared to the 137(a) for a fiscal year exceeds $1,000,000,000, ‘‘(B) DISADVANTAGED YOUTH.—The term total number of individuals in the civilian the Secretary shall reserve $250,000,000 to ‘disadvantaged youth’ means an individual labor force who are ages 16–19 in all local provide youth challenge grants under section who is age 16 through 21 who received an in- areas in the State; 169. come, or is a member of a family that re- ‘‘(ii) 33 and 1⁄3 percent shall be allotted on ‘‘(B) OUTLYING AREAS AND NATIVE AMERI- ceived a total family income, that, in rela- the basis of the relative number of unem- CANS.—After determining the amount to be tion to family size, does not exceed the pov- ployed individuals in each local area, com- reserved under subparagraph (A), of the re- erty line. pared to the total number of unemployed in- mainder of the amount appropriated under ‘‘(3) SPECIAL RULE.—For purposes of the dividuals in all local areas in the State; and section 137(a) for each fiscal year the Sec- formulas specified in paragraph (1)(C), the ‘‘(iii) 33 and 1⁄3 percent on the basis of the retary shall— Secretary shall, as appropriate and to the ex- relative number of disadvantaged youth who tent practicable, exclude college students are ages 16 through 21 in each local area, ‘‘(i) reserve not more than 1⁄4 of one percent of such amount to provide assistance to the and members of the Armed Forces from the compared to the total number of disadvan- outlying areas to carry out youth activities determination of the number of disadvantaged youth who are ages 16 through 21 in all and statewide workforce investment activi- taged youth. local areas in the State. ties; and (2) REALLOTMENT.—Section 127 (29 U.S.C. ‘‘(B) MINIMUM AND MAXIMUM PERCENT- 2552) is further amended— AGES.—The Governor shall ensure that no ‘‘(ii) reserve not more than 1 and 1⁄2 percent (A) by striking subsection (b); local area shall receive an allocation for a of such amount to provide youth activities (B) by redesignating subsection (c) as sub- fiscal year under this paragraph that is less under section 166 (relating to Native Ameri- section (b); than 90 percent or greater than 130 percent of cans). (C) in subsection (b) (as so redesignated) the allocation percentage of the local area ‘‘(C) STATES.— (i) by amending paragraph (2) to read as for the preceding fiscal year. ‘‘(i) IN GENERAL.—Of the remainder of the follows: ‘‘(C) DEFINITIONS.— amount appropriated under section 137(a) for ‘‘(2) AMOUNT.—The amount available for ‘‘(i) ALLOCATION PERCENTAGE.—For pur- a fiscal year that is available after deter- reallotment for a program year is equal to poses of this paragraph, the term ‘allocation mining the amounts to be reserved under the amount by which the unexpended bal- percentage’, used with respect to fiscal year subparagraphs (A) and (B), the Secretary ance, excluding accrued expenditures, at the 2004 or a subsequent fiscal year, means a per- shall allot— end of such program year of the total centage of amount described in para- ‘‘(I) the amount of the remainder that is amount of funds available to the State under graph(1)(A) that is received through an allo- less than or equal to the total amount that this section during such program year (in- cation made under this paragraph for the fis- was allotted to States for fiscal year 2003 cluding amounts allotted to the State in cal year. The term, with respect to fiscal under section 127(b)(1)(C) of this Act (as in prior program years that remain available year 2003, means the percentage of the effect on the day before the date of enact- during the program year for which the deter- amounts allocated to local areas under this ment of the Workforce Reinvestment and mination is made) exceeds 30 percent of such chapter (as in effect on the day before the Adult Education Act of 2003) in accordance total amount.’’; date of enactment of the Workforce Invest- with the requirements of such section (ii) in paragraph (3)— ment Act Amendments of 2003) that is re- 127(b)(1)(C); and (I) by striking ‘‘for the prior program ceived by the local area involved for fiscal ‘‘(II) the amount of the remainder, if any, year’’ and inserting ‘‘for the program year in year 2003. in excess of the amount referred to in sub- which the determination is made’’; and ‘‘(ii) DISADVANTAGED YOUTH.—The term clause (I) in accordance with clause (ii). (II) by striking ‘‘such prior program year’’ ‘disadvantaged youth’ means an individual ‘‘(ii) FORMULAS FOR EXCESS FUNDS.—Subject and inserting ‘‘such program year’’; who is age 16 through 21 who received an in- to clauses (iii) and (iv), of the amounts de- (iii) by amending paragraph (4) to read as come, or is a member of a family that re- scribed in clause (i)(II)— follows: ceived a total family income, that, in rela- 1 ‘‘(I) 33 and ⁄3 percent shall be allotted on ‘‘(4) ELIGIBILITY.—For purposes of this sub- tion to family size, does not exceed the pov- the basis of the relative number of individ- section, an eligible State means a State erty line. uals in the civilian labor force who are ages which does not have an amount available for ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.— 16–19 in each State, compared to the total reallotment under paragraph (2) for the pro- The Governor shall allocate to local areas number of individuals in the civilian labor gram year for which the determination the amounts described in paragraph (1)(B) in force who are ages 16–19 in all States; under paragraph (2) is made.’’. accordance with such demographic and eco- 1 ‘‘(II) 33 and ⁄3 percent shall be allotted on (b) WITHIN STATE ALLOCATIONS.— nomic factors as the Governor, after con- the basis of the relative number of unem- (1) RESERVATION FOR STATEWIDE ACTIVI- sultation with the State board and local ployed individuals in each State, compared TIES.—Section 128(a) is amended to read as boards, determines are appropriate. to the total number of unemployed individ- follows: ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— uals in all States; and ‘‘(a) RESERVATION FOR STATEWIDE ACTIVI- ‘‘(A) IN GENERAL.—Of the amounts allo- ‘‘(III) 33 and 1⁄3 percent shall be allotted on TIES.— cated to a local area under this subsection the basis of the relative number of disadvan- ‘‘(1) IN GENERAL.—The Governor of a State and section 133(b) for a fiscal year, not more taged youth who are ages 16 through 21 in shall reserve not more than 10 percent of the than 10 percent of the amount may be used each State, compared to the total number of amount allotted to the State under section by the local boards for the administrative disadvantaged youth who are ages 16 through 127(a)(1)(C) for a fiscal year for statewide ac- costs of carrying out local workforce invest- 21 in all States. tivities. ment activities under this chapter or chapter ‘‘(iii) MINIMUM AND MAXIMUM PERCENT- ‘‘(2) USE OF FUNDS.—Regardless of whether 5. AGES.—The Secretary shall ensure that no the amounts are allotted under section ‘‘(B) USE OF FUNDS.—Funds made available State shall receive an allotment for a fiscal 127(a)(1)(C) and reserved under paragraph (1) for administrative costs under subparagraph year that is less than 90 percent or greater or allotted under section 132 and reserved (A) may be used for the administrative costs than 130 percent of the allotment percentage under section 133(a), the Governor may use of any of the local workforce investment ac- of that State for the preceding fiscal year. the reserved amounts to carry out statewide tivities described in this chapter or chapter ‘‘(iv) SMALL STATE MINIMUM ALLOTMENT.— youth activities under section 129(b) or 5, regardless of whether the funds were allo- Subject to clause (iii), the Secretary shall statewide employment and training activi- cated under this subsection or section ensure that no State shall receive an allot- ties under section 133.’’. 133(b).’’. ment under this paragraph that is less than (2) WITHIN STATE ALLOCATION.—Section (3) REALLOCATION.—Section 128(c) (29 3⁄10 of 1 percent of the amount available 128(b) is amended to read as follows: U.S.C. 2853(c)) is amended— under subparagraph (A). ‘‘(b) WITHIN STATE ALLOCATION.— (A) in paragraph (1), by striking ‘‘para- ‘‘(2) DEFINITIONS.—For the purposes of ‘‘(1) IN GENERAL.—Of the amounts allotted graph (2)(A) or (3) of’’; paragraph (1), the following definitions to the State under section 127(a)(1)(C) and (B) by amending paragraph (2) to read as apply: not reserved under subsection (a)(1)— follows: ‘‘(A) ALLOTMENT PERCENTAGE.—The term ‘‘(A) 80 percent of such amounts shall be ‘‘(2) AMOUNT.—The amount available for ‘allotment percentage’, used with respect to allocated by the Governor to local areas in reallocation for a program year is equal to fiscal year 2004 or a subsequent fiscal year, accordance with paragraph (2); and the amount by which the unexpended bal- means a percentage of the remainder de- ‘‘(B) 20 percent of such amounts shall be al- ance, excluding accrued expenditures, at the scribed in paragraph (1)(C)(i) that is received located by the Governor to local areas in ac- end of such program year of the total through an allotment made under this sub- cordance with paragraph (3). amount of funds available to the local area section for the fiscal year. The term, with re- ‘‘(2) ESTABLISHED FORMULA.— under this section during such program year spect to fiscal year 2003, means the percent- ‘‘(A) IN GENERAL.—Of the amounts de- (including amounts allotted to the local area age of the amounts allotted to States under scribed in paragraph (1)(A), the Governor in prior program years that remain available this chapter (as in effect on the day before shall allocate— during the program year for which the deter- the date of enactment of the Workforce Re- ‘‘(i) 33 and 1⁄3 percent shall be allotted on mination is made) exceeds 30 percent of such investment and Adult Education Act of 2003) the basis of the relative number of individ- total amount.’’;

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7848 CONGRESSIONAL RECORD — SENATE July 8, 2004 (C) by amending paragraph (3)— evaluations carried out by the Secretary ed in the matter preceding clause (i) by (i) by striking ‘‘subsection (b)(3)’’ each under section 172, research, and demonstra- striking ‘‘or applicant who meets the min- place it appears and inserting ‘‘subsection tion projects; imum income criteria to be considered an el- (b)’’; ‘‘(D) providing incentive grants to local igible youth’’; (ii) by striking ‘‘the prior program year’’ areas for regional cooperation among local (4) PRIORITY AND EXCEPTIONS.—Section and inserting ‘‘the program year in which boards (including local boards in a des- 129(c) (29 U.S.C. 2854(c)) is further amended— the determination is made’’; ignated region as described in section 116(c)), (A) by striking paragraphs (4) and (5); (iii) by striking ‘‘such prior program year’’ for local coordination of activities carried (B) by redesignating paragraph (6) as para- and inserting ‘‘such program year’’; and out under this Act, and for exemplary per- graph (4); (iv) by striking the last sentence; and formance by local areas on the local per- (C) by redesignating paragraph (7) as para- (D) by amending paragraph (4) to read as formance measures; graph (5), and in such redesignated para- follows: ‘‘(E) providing technical assistance and ca- graph (5) by striking ‘‘youth councils’’ and ‘‘(4) ELIGIBILITY.—For purposes of this sub- pacity building to local areas, one-stop oper- inserting ‘‘local boards’’; and section, an eligible local area means a local ators, one-stop partners, and eligible pro- (D) by redesignating paragraph (8) as para- area which does not have an amount avail- viders, including the development and train- graph (6). able for reallocation under paragraph (2) for ing of staff, the development of exemplary SEC. 112. COMPREHENSIVE PROGRAM FOR the program year for which the determina- program activities, and the provision of ADULTS. tion under paragraph (2) is made.’’. technical assistance to local areas that fail (a) TITLE OF CHAPTER 5.— (c) YOUTH PARTICIPANT ELIGIBILITY.—Sec- to meet local performance measures; (1) The title heading of chapter 5 is amend- tion 129(a) (29 U.S.C. 2854(a)) is amended to ‘‘(F) operating a fiscal and management ed to read as follows: read as follows: accountability system under section 136(f); ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— and ‘‘CHAPTER 5—COMPREHENSIVE EMPLOY- ‘‘(1) IN GENERAL.—The individuals partici- ‘‘(G) carrying out monitoring and over- MENT AND TRAINING ACTIVITIES FOR pating in activities carried out under this sight of activities under this chapter and ADULTS’’. chapter by a local area during any program chapter 5. (2) CONFORMING AMENDMENT.—Table of con- year shall be individuals who, at the time ‘‘(2) LIMITATION.—Not more than 5 percent tents in section 1(b) is amended by amending the eligibility determination is made, are— of the funds allotted under section 127(b) the item related to the heading for chapter 5 ‘‘(A) not younger than age 16 or older than shall be used by the State for administrative to read as follows: age 24; and activities carried out under this subsection ‘‘CHAPTER 5—COMPREHENSIVE EMPLOYMENT ‘‘(B) one or more of the following: and section 133(a). AND TRAINING ACTIVITIES FOR ADULTS’’. ‘‘(i) school dropouts; ‘‘(3) PROHIBITION.—No funds described in ‘‘(ii) recipients of a secondary school di- this subsection or in section 134(a) may be (b) GENERAL AUTHORIZATION.—Section 131 ploma or the General Equivalency Diploma used to develop or implement education cur- (29 U.S.C. 2861) is amended— (GED) (including recognized alternative ricula for school systems in the State.’’. (1) by striking ‘‘paragraphs (1)(B) and (2)(B) standards for individuals with disabilities) (e) LOCAL ELEMENTS AND REQUIRE- of’’; and who are deficient in basic skills; MENTS.—— (2) by striking ‘‘, and dislocated workers,’’. ‘‘(iii) court-involved youth attending an al- (1) PROGRAM DESIGN.—Section 129(c)(1) (29 (c) STATE ALLOTMENTS.— ternative school; U.S.C. 2854(c) (1)) is amended— (1) IN GENERAL.—Section 132(a) (29 U.S.C. ‘‘(iv) youth in foster care or who have been (A) in the matter preceding subparagraph 2862(a)) is amended to read as follows: in foster care; or (A), by striking ‘‘paragraph (2)(A) or (3), as ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(v) in school youth who are low-income appropriate, of’’; ‘‘(1) reserve 10 percent of the amount ap- individuals and one or more of the following: (B) in subparagraph (B), by inserting ‘‘are propriated under section 137(b) for a fiscal ‘‘(I) Deficient in literacy skills. directly linked to one or more of the per- year, of which— ‘‘(II) Homeless, runaway, or foster chil- formance outcomes relating to this chapter ‘‘(A) not less than 75 percent shall be used dren. under section 136, and that’’ after ‘‘for each for national dislocated worker grants under ‘‘(III) Pregnant or parents. participant that’’; and section 173; ‘‘(IV) Offenders. (C) in subparagraph (C)— ‘‘(B) not more than 20 percent may be used ‘‘(V) Individuals who require additional as- (i) by redesignating clauses (i) through (iv) for demonstration projects under section 171; sistance to complete an educational pro- as clauses (ii) through (v), respectively; and gram, or to secure and hold employment. (ii) by inserting before clause (ii) (as so re- ‘‘(C) not more than 5 percent may be used ‘‘(2) PRIORITY FOR SCHOOL DROPOUTS.—A designated) the following: to provide technical assistance under section priority in the provision of services under ‘‘(i) activities leading to the attainment of 170; and this chapter shall be given to individuals a secondary school diploma or the General ‘‘(2) make allotments from 90 percent of who are school dropouts. Equivalency Diploma (GED) (including rec- the amount appropriated under section 137(b) ‘‘(3) LIMITATIONS ON ACTIVITIES FOR IN- ognized alternative standards for individuals for a fiscal year in accordance with sub- SCHOOL YOUTH.— with disabilities);’’; section (b).’’. ‘‘(A) PERCENTAGE OF FUNDS.—For any pro- (iii) in clause (ii) (as redesignated by this (2) ALLOTMENT AMONG STATES.—Section gram year, not more than 30 percent of the subparagraph), by inserting ‘‘and advanced 132(b) (29 U.S.C. 2862(b)) is amended to read funds available for statewide activities under training’’ after ‘‘opportunities’’; as follows: subsection (b), and not more than 30 percent (iv) in clause (iii) (as redesignated by this ‘‘(b) ALLOTMENT AMONG STATES FOR ADULT of funds available to local areas under sub- subparagraph), by inserting ‘‘that lead to the EMPLOYMENT AND TRAINING ACTIVITIES.— section (c), may be used to provide activities attainment of recognized credentials’’ after ‘‘(1) RESERVATION FOR OUTLYING AREAS.— for in-school youth meeting the require- ‘‘learning’’; and From the amount made available under sub- ments of paragraph (1)(B)(v). (v) by amending clause (v) (as redesignated section (a)(2) for a fiscal year, the Secretary 1 ‘‘(B) NON-SCHOOL HOURS REQUIRED.—Activi- by this subparagraph) to read as follows: shall reserve not more than ⁄4 of 1 percent to ties carried out under this chapter for in- ‘‘(v) effective connections to employers in provide assistance to outlying areas to carry school youth meeting the requirements of sectors of the local labor market experi- out employment and training activities for paragraph (1)(B)(v) shall only be carried out encing high growth in employment opportu- adults and statewide workforce investment in non-school hours or periods when school is nities.’’. activities. not in session (such as before and after (2) PROGRAM ELEMENTS.—Section 129(c)(2) ‘‘(2) STATES.—Subject to paragraph (5), of school or during summer recess.’’. (29 U.S.C. 2854(c)(2)) is amended— the remainder of the amount referred to (d) STATEWIDE YOUTH ACTIVITIES.—Section (A) in subparagraph (A), by striking ‘‘sec- under subsection (a)(2) for a fiscal year that 129(b) (29 U.S.C. 2854(b)) is amended to read ondary school, including dropout prevention is available after determining the amount to as follows: strategies’’ and inserting ‘‘secondary school be reserved under paragraph (1), the Sec- ‘‘(b) STATEWIDE ACTIVITIES.— diploma or the General Equivalency Diploma retary shall allot to the States for employ- ‘‘(1) IN GENERAL.—Funds reserved by a Gov- (GED) (including recognized alternative ment and training activities for adults and ernor for a State as described in sections standards for individuals with disabilities), for statewide workforce investment activi- 128(a) and 133(a)(1) may be used for statewide including dropout prevention strategies’’; ties— activities including— (B) in subparagraph (I), by striking ‘‘and’’ ‘‘(A) 26 percent in accordance with para- ‘‘(A) additional assistance to local areas at the end; graph (3); and that have high concentrations of eligible (C) in subparagraph (J), by striking the pe- ‘‘(B) 74 percent in accordance with para- youth; riod at the end and inserting a semicolon; graph (4). ‘‘(B) supporting the provision of core serv- and ‘‘(3) BASE FORMULA.— ices described in section 134(c)(2) in the one- (D) by adding at the end the following: ‘‘(A) FISCAL YEAR 2004.— stop delivery system; ‘‘(K) on-the-job training opportunities; and ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(C) conducting evaluations under section ‘‘(L) financial literacy skills.’’. amount referred to in paragraph (2)(A) shall 136(e) of activities authorized under this (3) ADDITIONAL REQUIREMENTS.—Section be allotted for fiscal year 2004 on the basis of chapter and chapter 5 in coordination with 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amend- allotment percentage of each State under

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section 6 of the Wagner-Peyser Act for fiscal ‘‘(i) ALLOTMENT PERCENTAGE.—The term scribed in clause (iii)) that were used in al- year 2003. ‘allotment percentage’, used with respect to lotting funds for fiscal year 2003. ‘‘(ii) EXCESS AMOUNTS.—If the amount re- fiscal year 2004 or a subsequent fiscal year, ‘‘(ii) UNCONSOLIDATED FORMULAS.—For pur- ferred to in paragraph (2)(A) for fiscal year means a percentage of the amounts described poses of clause (i), the unconsolidated for- 2004 exceeds the amount that was available in paragraph (2)(B) that is received through mulas are: for allotment to the States under the Wag- an allotment made under this paragraph for ‘‘(I) The requirements for the allotment of ner-Peyser Act for fiscal year 2003, such ex- the fiscal year. The term, with respect to fis- funds to the States contained in section cess amount shall be allotted on the basis of cal year 2003, means the percentage of the 132(b)(1)(B) of this Act (as in effect on the the relative number of individuals in the ci- amounts allotted to States under this chap- day before the date of enactment of the vilian labor force in each State, compared to ter (as in effect on the day before the date of Workforce Reinvestment and Adult Edu- the total number of individuals in the civil- enactment of the Workforce Reinvestment cation Act of 2003) that were applicable to ian labor force in all States, adjusted to en- and Adult Education Act of 2003) and under the allotment of funds under such section for sure that no State receives less than 3⁄10 of reemployment service grants received by the fiscal year 2003. one percent of such excess amount. State involved for fiscal year 2003. ‘‘(II) The requirements for the allotment of ‘‘(iii) DEFINITION.—For purposes of this ‘‘(ii) DISADVANTAGED ADULT.—The term funds to the States contained in section subparagraph, the term ‘allotment percent- ‘disadvantaged adult’ means an individual 132(b)(2)(B) of this Act (as in effect on the age’ means the percentage of the amounts al- who is age 22 through 72 who received an in- day before the date of enactment of the lotted to States under section 6 of the Wag- come, or is a member of a family that re- Workforce Reinvestment and Adult Edu- ner-Peyser Act that is received by the State cation Act of 2003) that were applicable to ceived a total family income, that, in rela- involved for fiscal year 2003. the allotment of funds under such section for tion to family size, does not exceed the pov- ‘‘(B) FISCAL YEARS 2005 AND THEREAFTER.— fiscal year 2003. erty line. ‘‘(i) IN GENERAL.—Subject to clause(ii), the ‘‘(III) The requirements for the allotment ‘‘(iii) EXCESS NUMBER.—The term ‘excess amount referred to in paragraph(2)(A) shall of funds to the States that were contained in number’ means, used with respect to the ex- be allotted for fiscal year 2005 and each fiscal section 6 of the Wagner-Peyser Act (as in ef- cess number of unemployed individuals with- year thereafter on the basis of the allotment fect on the day before the date of enactment in a State, the number that represents the percentage of each State under this para- of the Workforce Reinvestment and Adult graph for the preceding fiscal year. number of unemployed individuals in excess Education Act of 2003) that were applicable of 4 and 1⁄2 percent of the civilian labor force ‘‘(ii) EXCESS AMOUNTS.—If the amount re- to the allotment of funds under such Act for ferred to in paragraph (2)(A) for fiscal year in the State. fiscal year 2003. 2005 or any fiscal year thereafter exceeds the ‘‘(5) ADJUSTMENTS IN ALLOTMENTS BASED ON ‘‘(IV) The requirements for the allotment amount that was available for allotment DIFFERENCES WITH UNCONSOLIDATED FOR- of funds to the States that were established under this paragraph for the prior fiscal MULAS.— by the Secretary for Reemployment Services year, such excess amount shall be allotted on ‘‘(A) IN GENERAL.—The Secretary shall en- Grants that were applicable to the allotment the basis of the relative number of individ- sure that for any fiscal year no State has an of funds for such grants for fiscal year 2003. uals in the civilian labor force in each State, allotment difference, as defined in subpara- ‘‘(iii) PROPORTIONATE APPLICATION OF UN- compared to the total number of individuals graph (C), that is less than zero. The Sec- CONSOLIDATED FORMULAS BASED ON FISCAL in the civilian labor force in all States, ad- retary shall adjust the amounts allotted to YEAR 2003.—In calculating the amount under justed to ensure that no State receives less the States under this subsection in accord- clause (i)(II), each of the unconsolidated for- than 3⁄10 of one percent of such excess ance with subparagraph (B) if necessary to mulas identified in clause (ii) shall be ap- amount. carry out this subparagraph. plied, respectively, only to the proportionate ‘‘(iii) DEFINITION.—For purposes of this ‘‘(B) ADJUSTMENTS IN ALLOTMENTS.— share of the total amount of funds available subparagraph, the term ‘allotment percent- ‘‘(i) REDISTRIBUTION OF EXCESS AMOUNTS.— for allotment under subsection (b)(2) for a age’ means the percentage of the amounts al- ‘‘(I) IN GENERAL.—If necessary to carry out fiscal year that is equal to the proportionate lotted to States under this paragraph in a subparagraph (A), the Secretary shall reduce share to which each of the unconsolidated fiscal year that is received by the State in- the amounts that would be allotted under formulas applied with respect to the total volved for such fiscal year. paragraphs (3) and (4) to States that have an amount of funds allotted to the States under ‘‘(4) CONSOLIDATED FORMULA.— excess allotment difference, as defined in all of the unconsolidated formulas in fiscal ‘‘(A) IN GENERAL.—Subject to subpara- subclause (II), by the amount of such excess, year 2003. graphs (B) and (C), of the amount referred to and use such amounts to increase the allot- ‘‘(iv) RULE OF CONSTRUCTION.—The amounts in paragraph (2)(B)— ments to States that have an allotment dif- used to adjust the allotments to a State ‘‘(i) 60 percent shall be allotted on the ference less than zero. under subparagraph (B) for a fiscal year shall basis of the relative number of unemployed ‘‘(II) EXCESS AMOUNTS.—For purposes of not be included in the calculation of the individuals in each State, compared to the subclause (I), the term ‘excess’ allotment dif- amounts under clause (i) for a subsequent total number of unemployed individuals in ference means an allotment difference for a fiscal year, including the calculation of allo- all States; State that is— cation percentages for a preceding fiscal ‘‘(ii) 25 percent shall be allotted on the ‘‘(aa) in excess of 3 percent of the amount year applicable to paragraphs (3) and (4) and basis of the relative excess number of unem- described in subparagraph (C)(i)(II); or to the unconsolidated formulas described in ployed individuals in each State, compared ‘‘(bb) in excess of a percentage established clause (ii).’’. to the total excess number of unemployed in- by the Secretary that is greater than 3 per- (3) REALLOTMENT.—Section 132(c) (29 U.S.C. dividuals in all States; and cent of the amount described in subpara- 2862(c)) is amended— ‘‘(iii) 15 percent shall be allotted on the graph (C)(i)(II) if the Secretary determines (A) by amending paragraph (2) to read as basis of the relative number of disadvan- that such greater percentage is sufficient to follows: taged adults in each State, compared to the carry out subparagraph (A). ‘‘(2) AMOUNT.—The amount available for total number of disadvantaged adults in all ‘‘(ii) USE OF AMOUNTS AVAILABLE UNDER NA- reallotment for a program year is equal to States. TIONAL RESERVE ACCOUNT.—If the funds avail- the amount by which the unexpended bal- ‘‘(B) MINIMUM AND MAXIMUM PERCENT- able under clause (i) are insufficient to carry ance, excluding accrued expenditures, at the AGES.— out subparagraph (A), the Secretary shall end of such program year of the total ‘‘(i) MINIMUM PERCENTAGE.—The Secretary use funds reserved under section 132(a) in amount of funds available to the State under shall ensure that no State shall receive an such amounts as are necessary to increase this section during such program year (in- allotment under this paragraph for a fiscal the allotments to States to meet the require- cluding amounts allotted to the State in year that is less than 90 percent of the allotments of subparagraph (A). Such funds shall prior program years that remain available ment percentage of the State under this be used in the same manner as the States use during the program year for which the deter- paragraph for the preceding fiscal year. the other funds allotted under this sub- mination is made) exceeds 30 percent of such ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to section. total amount.’’; clause (i), the Secretary shall ensure that no ‘‘(C) DEFINITION OF ALLOTMENT DIF- (B) in paragraph (3)— State shall receive an allotment for a fiscal FERENCE.— (i) by striking ‘‘for the prior program year under this paragraph that is more than ‘‘(i) IN GENERAL.—For purposes of this year’’ and inserting ‘‘for the program year in 130 percent of the allotment of the State paragraph, the term ‘allotment difference’ which the determination is made’’; and under this paragraph for the preceding fiscal means the difference between— (ii) by striking ‘‘such prior program year’’ year. ‘‘(I) the total amount a State would re- and inserting ‘‘such program year’’; and ‘‘(C) SMALL STATE MINIMUM ALLOTMENT.— ceive of the amounts available for allotment (C) by amending paragraph (4) to read as Subject to subparagraph (B), the Secretary under subsection (b)(2) for a fiscal year pur- follows: shall ensure that no State shall receive an suant to paragraphs (3) and (4); and ‘‘(4) ELIGIBILITY.—For purposes of this sub- allotment under this paragraph that is less ‘‘(II) the total amount the State would re- section, an eligible State means a State that than 2⁄10 of 1 percent of the amount available ceive of the amounts available for allotment does not have an amount available for real- under subparagraph (A). under subsection (b)(2) for the fiscal year if lotment under paragraph (2) for the program ‘‘(D) DEFINITIONS.—For the purposes of this such amounts were allotted pursuant to the year for which the determination under paragraph: unconsolidated formulas (applied as de- paragraph (2) is made.’’.

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(d) WITHIN STATE ALLOCATIONS.— ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— ‘‘(i) under section 133(a) and not used under (1) RESERVATION FOR STATE ACTIVITIES.— ‘‘(A) IN GENERAL.—Of the amounts allo- subparagraph (A), may be used for statewide Section 133(a) (29 U.S.C. 2863(a)) is amended cated to a local area under this subsection activities described in paragraph (2); and to read as follows: and section 128(b) for a fiscal year, not more ‘‘(ii) under section 133(a) and not used ‘‘(a) RESERVATION FOR STATEWIDE ACTIVI- than 10 percent of the amount may be used under subparagraph (A), and under section TIES.—The Governor of a State may reserve by the local boards for the administrative 128(a) may be used to carry out any of the up to 50 percent of the total amount allotted costs of carrying out local workforce invest- statewide employment and training activi- to the State under section 132 for a fiscal ment activities under this chapter or chapter ties described in paragraph (3).’’. year to carry out the statewide activities de- 4. (B) STATEWIDE RAPID RESPONSE ACTIVI- scribed in section 134(a).’’. ‘‘(B) USE OF FUNDS.—Funds made available TIES.—Section 134(a)(2) (29 U.S.C. 2864(a)(2)) (2) ALLOCATIONS TO LOCAL AREAS.—Section for administrative costs under subparagraph is amended to read as follows: 133(b) (29 U.S.C. 2863(b)) is amended to read (A) may be used for the administrative costs ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI- as follows: of any of the local workforce investment ac- TIES.—A State shall carry out statewide ‘‘(b) ALLOCATIONS TO LOCAL AREAS.— tivities described in this chapter or chapter rapid response activities using funds re- ‘‘(1) IN GENERAL.—Of the amounts allotted 4, regardless of whether the funds were allo- served as described in section 133(a). Such ac- to the State under section 132(b)(2) and not tivities shall include— reserved under subsection (a)— cated under this subsection or section 128(b).’’. ‘‘(A) provision of rapid response activities, ‘‘(A) 85 percent of such amounts shall be carried out in local areas by the State or by (3) REALLOCATION AMONG LOCAL AREAS.— allocated by the Governor to local areas in an entity designated by the State, working Section 133(c) (29 U.S.C. 2863(c)) is amended— accordance with paragraph (2); and in conjunction with the local boards and the (A) in paragraph (1), by striking ‘‘para- ‘‘(B) 15 percent of such amounts shall be al- chief elected officials in the local areas; and graph (2)(A) or (3) of’’; located by the Governor to local areas in ac- ‘‘(B) provision of additional assistance to (B) by amending paragraph (2) to read as cordance with paragraph (3). local areas that experience disasters, mass follows: ‘‘(2) ESTABLISHED FORMULA.— layoffs or plant closings, or other events ‘‘(A) IN GENERAL.—Of the amounts de- ‘‘(2) AMOUNT.—The amount available for that precipitate substantial increases in the scribed in paragraph (1)(A), the Governor reallocation for a program year is equal to number of unemployed individuals, carried shall allocate— the amount by which the unexpended bal- out in local areas by the State, working in ‘‘(i) 60 percent on the basis of the relative ance, excluding accrued expenditures, at the conjunction with the local boards and the number of unemployed individuals in each end of such program year of the total chief elected officials in the local areas.’’. local area, compared to the total number of amount of funds available to the local area (C) STATEWIDE EMPLOYMENT AND TRAINING unemployed individuals in all local areas in under this section during such program year ACTIVITIES.—Section 134(a)(3) (29 U.S.C. the State; (including amounts allotted to the local area 2864(a)(3)) is amended to read as follows: ‘‘(ii) 25 percent on the basis of the relative in prior program years that remain available ‘‘(3) STATEWIDE ACTIVITIES.—Funds re- excess number of unemployed individuals in during the program year for which the deter- served by a Governor for a State as described each local area, compared to the total excess mination is made) exceeds 30 percent of such in sections 133(a) and 128(a) may be used for number of unemployed individuals in all total amount.’’; statewide activities including— local areas in the State; and (C) by amending paragraph (3)— ‘‘(A) supporting the provision of core serv- ‘‘(iii) 15 percent shall be allotted on the (i) by striking ‘‘subsection (b)(3)’’ each ices described in section 134(c)(2) in the one- basis of the relative number of disadvan- place it appears and inserting ‘‘subsection stop delivery system; taged adults in each local area, compared to (b)’’; ‘‘(B) conducting evaluations under section the total number of disadvantaged adults in (ii) by striking ‘‘the prior program year’’ 136(e) of activities authorized under this all local areas in the State. and inserting ‘‘the program year in which chapter and chapter 4 in coordination with ‘‘(B) MINIMUM AND MAXIMUM PERCENT- the determination is made’’; evaluations carried out by the Secretary AGES.—The Governor shall ensure that no (iii) by striking ‘‘such prior program year’’ under section 172, research, and demonstra- local area shall receive an allocation for a and inserting ‘‘such program year’’; and tion projects; fiscal year under this paragraph that is less (iv) by striking the last sentence; and ‘‘(C) providing incentive grants to local than 90 percent or greater than 130 percent of (D) by amending paragraph (4) to read as areas for regional cooperation among local the allocation percentage of the local area follows: boards (including local boards in a des- for the preceding fiscal year. ‘‘(4) ELIGIBILITY.—For purposes of this sub- ignated region as described in section 116(c)), ‘‘(C) DEFINITIONS.— section, an eligible local area means a local for local coordination of activities carried ‘‘(i) ALLOCATION PERCENTAGE.—The term area which does not have an amount avail- out under this Act, and for exemplary per- ‘allocation percentage’, used with respect to able for reallocation under paragraph (2) for formance by local areas on the local per- fiscal year 2004 or a subsequent fiscal year, the program year for which the determina- formance measures; means a percentage of amount described in tion under paragraph (2) is made.’’. ‘‘(D) providing technical assistance and ca- paragraph (1)(A) that is received through an pacity building to local areas, one-stop oper- allocation made under this paragraph for the (e) USE OF FUNDS FOR EMPLOYMENT AND ators, one-stop partners, and eligible pro- fiscal year. The term, with respect to fiscal TRAINING ACTIVITIES.— viders, including the development and train- year 2003, means the percentage of the (1) STATEWIDE EMPLOYMENT AND TRAINING ing of staff, the development of exemplary amounts allocated to local areas under this ACTIVITIES.— program activities, and the provision of chapter (as in effect on the day before the (A) IN GENERAL.—Section 134(a)(1) (29 technical assistance to local areas that fail date of enactment of the Workforce Rein- U.S.C. 2864(a)(1) is amended to read as fol- to meet local performance measures; vestment and Adult Education Act of 2003) lows: ‘‘(E) operating a fiscal and management that is received by the local area involved ‘‘(1) IN GENERAL.— accountability system under section 136(f); for fiscal year 2003. ‘‘(A) REQUIRED USE OF FUNDS.—Not less ‘‘(F) carrying out monitoring and over- ‘‘(ii) DISADVANTAGED ADULT.—The term than 50 percent of the funds reserved by a sight of activities carried out under this ‘disadvantaged adult’ means an individual Governor under section 133(a) shall be used chapter and chapter 4; who is age 22 through 72 who received an in- to support the provision of core services in ‘‘(G) implementing innovative programs, come, or is a member of a family that re- local areas, consistent with the local plan, such as incumbent worker training pro- ceived a total family income, that, in rela- through one-stop delivery systems by dis- grams, programs serving individuals with tion to family size, does not exceed the pov- tributing funds to local areas in accordance disabilities consistent with section 188; erty line. with subparagraph (B). Such funds may be ‘‘(H) developing strategies for effectively ‘‘(iii) EXCESS NUMBER.—The term ‘excess used by States to employ State personnel to serving hard-to-serve populations and for in- number’ means, used with respect to the ex- provide such services in designated local tegrating programs and services among one- cess number of unemployed individuals with- areas in consultation with local boards. stop partners; in a local area, the number that represents ‘‘(B) METHOD OF DISTRIBUTING FUNDS.—The ‘‘(I) implementing innovative programs for the number of unemployed individuals in ex- method of distributing funds under this para- displaced homemakers, which for purposes of cess of 4.5 percent of the civilian labor force graph shall be developed in consultation this subparagraph may include an individual in the local area. with the State board and local boards. Such who is receiving public assistance and is ‘‘(3) DISCRETIONARY ALLOCATION.—The Gov- method of distribution, which may include within 2 years of exhausting lifetime eligi- ernor shall allocate to local areas the the formula established under section bility under Part A of title IV of the Social amounts described in paragraph (1)(B) based 121(h)(3), shall be objective and geographi- Security Act (42 U.S.C. 601 et seq.); and on a formula developed in consultation with cally equitable, and may include factors ‘‘(J) implementing programs to increase the State board and local boards. Such for- such as the number of centers in the local the number of individuals training for and mula shall be objective and geographically area that have been certified, the population placed in nontraditional employment.’’. equitable and may include such demographic served by such centers, and the performance (D) LIMITATION ON STATE ADMINISTRATIVE and economic factors as the Governor, after of such centers. EXPENDITURES.—Section 134(a) is further consultation with the State board and local ‘‘(C) OTHER USE OF FUNDS.—Funds reserved amended by adding the following new para- boards, determines are appropriate. by a Governor for a State— graph:

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‘‘(4) LIMITATION.—Not more than 5 percent (ii) in subparagraph (C)— ‘‘(IV) Individuals with disabilities.’’. of the funds allotted under section 132(b) (I) in clause (v), by striking ‘‘for partici- (4) PERMISSIBLE ACTIVITIES.—Section 134(d) shall be used by the State for administrative pants seeking training services under para- (as redesignated by paragraph (2)) is amend- activities carried out under this subsection graph (4)’’; and ed— and section 128(a).’’. (II) by adding the following clauses after (A) by amending paragraph (1) to read as (2) LOCAL EMPLOYMENT AND TRAINING AC- clause (vi): follows: TIVITIES.— Section 134(b) (29 U.S.C. 2864(b)) is ‘‘(vii) Internships and work experience. ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- amended— ‘‘(viii) Literacy activities relating to basic TIVITIES.— (A) by striking ‘‘under paragraph (2)(A)’’ work readiness, and financial literacy activi- ‘‘(A) IN GENERAL.—Funds allocated to a and all that follows through ‘‘section ties. local area under section 133(b) may be used 133(b)(2)(B)’’ and inserting ‘‘under section ‘‘(ix) Out-of-area job search assistance and to provide, through the one-stop delivery 133(b)’’; relocation assistance.’’. system— (B) in paragraphs (1) and (2), by striking (D) TRAINING SERVICES.—Section 134(c)(4) ‘‘(i) customized screening and referral of ‘‘or dislocated workers, respectively’’ both (as redesignated by paragraph (2) of this sub- qualified participants in training services to places it appears; and section) is amended— employers; (C) by redesignating subsections (d) and (e) (i) by amending subparagraph (A) to read ‘‘(ii) customized employment-related serv- as subsections (c) and (d), respectively. as follows: ices to employers on a fee-for-service basis; (3) REQUIRED LOCAL EMPLOYMENT AND ‘‘(A) IN GENERAL.— ‘‘(iii) customer support to navigate among TRAINING ACTIVITIES.— ‘‘(i) ELIGIBILITY.—Funds allocated to a multiple services and activities for special (A) ALLOCATED FUNDS.—Section 134(c)(1) (29 local area under section 133(b) shall be used participant populations that face multiple U.S.C. 2864(c)(1)) (as redesignated by para- to provide training services to adults who— barriers to employment, including individ- graph (2)) is amended to read as follows: ‘‘(I) after an interview, evaluation, or as- uals with disabilities; and ‘‘(1) IN GENERAL.—Funds allocated to a sessment, and case management, have been ‘‘(iv) employment and training assistance local area for adults under section 133(b) determined by a one-stop operator or one- provided in coordination with child support shall be used— stop partner, as appropriate, to— enforcement activities of the State agency ‘‘(A) to establish a one-stop delivery sys- ‘‘(aa) be unlikely or unable to obtain or re- tem as described in section 121(e); tain suitable employment through intensive carrying out subtitle D of title IV of the So- ‘‘(B) to provide the core services described services under paragraph (3)(A); cial Security Act. in paragraph (2) through the one-stop deliv- ‘‘(bb) be in need of training services to ob- ‘‘(B) WORK SUPPORT ACTIVITIES FOR LOW- ery system in accordance with such para- tain or retain suitable employment; and WAGE WORKERS.— graph; ‘‘(cc) have the skills and qualifications to ‘‘(i) IN GENERAL.— Funds allocated to a ‘‘(C) to provide the intensive services de- successfully participate in the selected pro- local area under 133(b) may be used to pro- scribed in paragraph (3) to adults described gram of training services; vide, through the one-stop delivery system in such paragraph; and ‘‘(II) select programs of training services and in collaboration with the appropriate ‘‘(D) to provide training services described that are directly linked to the employment programs and resources of the one-stop part- in paragraph (4) to adults described in such opportunities in the local area involved or in ners, work support activities designed to as- paragraph.’’. another area in which the adults receiving sist low-wage workers in retaining and en- (B) CORE SERVICES.—Section 134(c)(2) (29 such services are willing to commute or relo- hancing employment. U.S.C. 2864(c)(2)) (as redesignated by para- cate; ‘‘(ii) ACTIVITIES.—The activities described graph (2)) is amended— ‘‘(III) who meet the requirements of sub- in clause (i) may include assistance in ac- (i) by striking ‘‘who are adults or dis- paragraph (B); and cessing financial supports for which such located workers’’; ‘‘(IV) who are determined eligible in ac- workers may be eligible and the provision of (ii) in subparagraph (A), by striking ‘‘under cordance with the priority system in effect activities available through the one-stop de- this subtitle’’ and inserting ‘‘under the one- under subparagraph (E). livery system in a manner that enhances the stop partner programs described in section ‘‘(ii) The Governor shall define the term opportunities of such workers to participate, 121(b)’’; ‘suitable employment’ for purposes of this such as the provision of employment and (iii) by amending subparagraph (D) to read subparagraph.’’; training activities during nontraditional as follows: (ii) in subparagraph (B)(i), by striking ‘‘Ex- hours and the provision of on-site child care ‘‘(D) labor exchange services, including— cept’’ and inserting ‘‘Notwithstanding sec- while such activities are being provided.’’; ‘‘(i) job search and placement assistance, tion 479B of the Higher Education Act of 1965 and and where appropriate career counseling; (20 U.S.C. 1087uu) and except’’; (B) by adding after paragraph (3) the fol- ‘‘(ii) appropriate recruitment services for (iii) by amending subparagraph (E) to read lowing new paragraph: employers; and as follows: ‘‘(4) INCUMBENT WORKER TRAINING PRO- ‘‘(iii) reemployment services provided to ‘‘(E) PRIORITY.— GRAMS.— unemployment claimants.’’; ‘‘(i) IN GENERAL.—A priority shall be given ‘‘(A) IN GENERAL.—The local board may use (iv) in subparagraph (I), by inserting ‘‘and to unemployed individuals for the provision up to 10 percent of the funds allocated to a the administration of the work test for the of intensive and training services under this local area under section 133(b) to carry out unemployment compensation system’’ after subsection. incumbent worker training programs in ac- ‘‘compensation’’; and ‘‘(ii) ADDITIONAL PRIORITY.—If the funds in cordance with this paragraph. (v) by amending subparagraph (J) to read the local area, including the funds allocated ‘‘(B) TRAINING ACTIVITIES.—The training as follows: under section 133(b), for serving recipients of programs for incumbent workers under this ‘‘(J) assistance in establishing eligibility public assistance and other low-income indi- paragraph shall be carried out by the local for programs of financial aid assistance for viduals, including single parents, displaced area in conjunction with the employers of training and education programs that are homemakers, and pregnant single women, is such workers for the purpose of assisting not funded under this Act and are available limited, the priority for the provision of in- such workers in obtaining the skills nec- in the local area; and’’. tensive and training services under this sub- essary to retain employment and avert lay- (C) INTENSIVE SERVICES.—Section 134(c)(3) section shall include such recipients and in- offs. (29 U.S.C. 2864(c)(3) (as redesignated by para- dividuals. ‘‘(C) EMPLOYER MATCH REQUIRED.— graph (2) of this subsection) is amended— ‘‘(iii) DETERMINATIONS.—The Governor and ‘‘(i) IN GENERAL.—Employers participating (i) by amending subparagraph (A) to read the appropriate local board shall direct the in programs under this paragraph shall be reas follows: one-stop operators in the local area with required to pay a proportion of the costs of ‘‘(A) IN GENERAL.— gard to making determinations with respect providing the training to the incumbent ‘‘(i) ELIGIBILITY.—Funds allocated to a to the priority of service under this subpara- workers. The Governor shall establish, or local area under section 133(b) shall be used graph.’’; may authorize the local board to establish, to provide intensive services for adults who— (iv) in subparagraph (F), by adding the fol- the required portion of such costs, which ‘‘(I) are unemployed and who have been de- lowing clause after clause (iii): shall not be less than— termined by the one-stop operator to be— ‘‘(iv) ENHANCED INDIVIDUAL TRAINING AC- ‘‘(I) 10 percent of the costs, for employers ‘‘(aa) unlikely or unable to obtain suitable COUNTS.—Each local board may, through one- with 50 or fewer employees; employment through core services; and stop centers, assist individuals receiving in- ‘‘(II) 25 percent of the costs, for employers ‘‘(bb) in need of intensive services in order dividual training accounts through the es- with more than 50 employees but fewer than to obtain suitable employment; or tablishment of such accounts that include, 100 employees; and ‘‘(II) are employed, but who are determined in addition to the funds provided under this ‘‘(III) 50 percent of the costs, for employers by a one-stop operator to be in need of inten- paragraph, funds from other programs and with 100 or more employees. sive services to obtain or retain suitable em- sources that will assist the individual in ob- ‘‘(ii) CALCULATION OF MATCH.—The wages ployment. taining training services.’’; and paid by an employer to a worker while they ‘‘(ii) DEFINITION.—The Governor shall de- (v) in subparagraph (G)(iv), by redesig- are attending training may be included as fine the term ‘suitable employment’ for pur- nating subclause (IV) as subclause (V) and part of the requirement payment of the em- poses of this subparagraph.’’; and inserting after subclause (III) the following: ployer.’’.

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SEC. 113. PERFORMANCE ACCOUNTABILITY SYS- (b) LOCAL PERFORMANCE MEASURES.—Sec- for exemplary performance with respect to TEM. tion 136(c) (29 U.S.C 2871(c)) is amended— the measures established under this section (a) STATE PERFORMANCE MEASURES.— (1) in paragraph (1)(A)(i), by striking ‘‘, and and with the performance of the local area in (1) IN GENERAL.—Section 136(b)(1) (29 U.S.C. the customer satisfaction indicator of per- serving special populations, including the 2871(b)(1)) is amended— formance described in subsection (b)(2)(B),’’; levels of service and the performance out- (A) in subparagraph (A)(i), by striking (2) in paragraph (1)(A)(ii), by striking ‘‘sub- comes. ‘‘and the customer satisfaction indicator of section (b)(2)(C)’’ and inserting ‘‘subsection ‘‘(B) USE OF FUNDS.—The funds awarded to performance described in paragraph (2)(B)’’; (b)(2)(B)’’; and a local area may be used to carry out activi- and (3) by amending paragraph (3) to read as ties authorized for local areas under chapters (B) in subparagraph (A)(ii), by striking follows: 4 and 5 of this title, and such demonstration ‘‘paragraph (2)(C)’’ and inserting ‘‘paragraph ‘‘(3) DETERMINATIONS.—In determining or other innovative programs to serve spe- (2)(B)’’. such local levels of performance, the local cial populations as may be approved by the (2) INDICATORS OF PERFORMANCE.—Section board, the chief elected official, and the Gov- Governor.’’. 136(b)(2) (29 U.S.C. 2871(b)(2)) is amended— ernor shall ensure such levels are adjusted (g) REPEAL OF DEFINITIONS.—Sections 502 (A) in subparagraph (A)(i), by striking based on the specific economic characteris- and 503 (and the items related to such sec- ‘‘(except for self-service and information ac- tics (such as unemployment rates and job tions in the table of contents) are repealed. tivities) and (for participants who are eligi- losses or gains in particular industries), de- SEC. 114. AUTHORIZATION OF APPROPRIATIONS. ble youth age 19 through 21) for youth activi- mographic characteristics, or other charac- (a) YOUTH ACTIVITIES.— Section 137(a) (29 ties authorized under section 129’’; teristics of the population to be served in the U.S.C. 2872(a)) is amended by striking ‘‘such (B) by amending subparagraph (A)(i)(IV) to local area, such as poor work history, lack of sums as may be necessary for each of fiscal read as follows: work experience, low levels of literacy or years 1999 through 2003’’ and inserting ‘‘(IV) the efficiency of the program in ob- English proficiency, disability status, and ‘‘$1,250,000,000 for fiscal year 2004 and such taining the outcomes described in subclauses welfare dependency.’’. sums as may be necessary for each of fiscal (I) through (III).’’; (c) REPORT.—Section 136(d) (29 U.S.C. (C) by amending subparagraph (A)(ii) to 2871(d)) is amended— years 2005 through 2009’’. read as follows: (1) in paragraph (1), by striking ‘‘and the (b) ADULT EMPLOYMENT AND TRAINING AC- ‘‘(ii) CORE INDICATORS FOR ELIGIBLE customer satisfaction indicator’’ in both TIVITIES.—Section 137(b) (29 U.S.C. 2872(b)) is YOUTH.—The core indicators of performance places that it appears; amended by striking ‘‘section 132(a)(1), such for youth activities authorized under section (2) in paragraph (2)(E), by striking ‘‘(ex- sums as may be necessary for each of fiscal 129 shall consist of— cluding participants who received only self- years 1999 through 2003’’ and inserting ‘‘(I) entry into employment, education or service and informational activities)’’; and ‘‘132(a), $3,079,800,000 for fiscal year 2004 and advanced training, or military service; (3) by adding at the end the following: such sums as may be necessary for each of ‘‘(II) attainment of secondary school diplo- ‘‘(4) DATA VALIDATION.—In preparing the fiscal years 2005 through 2009’’. mas or the General Equivalency Diploma reports described in this subsection, the (c) DISLOCATED WORKER EMPLOYMENT AND (GED) (including recognized alternative States shall establish procedures, consistent TRAINING ACTIVITIES.—Section 137 is further standards for individuals with disabilities); with guidelines issued by the Secretary, to amended by striking subsection (c). ‘‘(III) attainment of literacy or numeracy ensure the information contained in the re- SEC. 115. JOB CORPS. skills; and port is valid and reliable.’’. (a) COMMUNITY PARTICIPATION.—Section 153 ‘‘(IV) the efficiency of the program in ob- (d) SANCTIONS FOR STATE.—Section 136(g) (29 U.S.C. 2893) is amended— taining the outcomes described in subclauses (29 U.S.C. 2871(g)) is amended— (1) by amending subsection (a) to read as (I) through (III).’’; (1) in paragraph (1)(A), by striking ‘‘or follows: (D) by striking subparagraph (B); (B)’’; and ‘‘(a) BUSINESS AND COMMUNITY PARTICIPA- (E) by redesignating subparagraph (C) as (2) in paragraph (2), by striking ‘‘section subparagraph (B), and by adding at the end TION.—The director of each Job Corps center 503’’ and inserting ‘‘section 136(i)’’. shall ensure the establishment and develop- of such subparagraph (as so redesignated) the (e) SANCTIONS FOR LOCAL AREAS.—Section following new sentence: ‘‘Such indicators ment of the business and community rela- 136(h) (29 U.S.C. 2871(h)) is amended— tionships and networks described in sub- may include customer satisfaction of em- (1) in paragraph (1), by striking ‘‘or (B)’’; ployers and participants with services re- section (b) in order to enhance the effective- and ness of such center.’’; ceived from the workforce investment activi- (2) by amending paragraph (2)(B) to read as ties authorized under this subtitle.’’. (2) in subsection (b)— follows: (A) in the heading, by striking ‘‘RESPON- (3) LEVELS OF PERFORMANCE.—Section ‘‘(B) APPEAL TO GOVERNOR.—A local area SIBILITIES’’ and inserting ‘‘NETWORKS’’; and 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amend- that is subject to a reorganization plan ed— (B) by striking ‘‘The responsibilities of the under subparagraph (A) may, not later than Liaison’’ and inserting ‘‘The activities car- (A) in clause (i), by striking ‘‘and the cus- 30 days after receiving notice of the reorga- tomer satisfaction indicator described in ried out by each Job Corps center under this nization plan, appeal to the Governor to re- section’’; and paragraph (2)(B)’’; scind or revise such plan. In such case, the (B) in clause (ii), by striking ‘‘and the cus- (3) in subsection (c), by striking ‘‘The Liai- Governor shall make a final decision not son for’’ and inserting ‘‘The director of’’. tomer satisfaction indicator of performance, later than 30 days after the receipt of the ap- for the first 3’’ and inserting ‘‘for the 2’’; (b) INDUSTRY COUNCILS.—Section 154(b) (29 peal.’’. U.S.C. 2894(b)) is amended— (C) in clause (iii)— (f) INCENTIVE GRANTS.—Section 136(i) (29 (1) in paragraph (1)(A), by striking ‘‘local (i) in the heading, by striking ‘‘FOR FIRST 3 U.S.C. 2871(i)) is amended to read as follows: and distant’’; and YEARS’’; and ‘‘(i) INCENTIVE GRANTS FOR STATES AND (ii) by striking ‘‘and the customer satisfac- LOCAL AREAS.— (2) by adding after paragraph (2) the fol- tion indicator of performance, for the first 3’’ ‘‘(1) INCENTIVE GRANTS FOR STATES.— lowing: MPLOYERS OUTSIDE OF LOCAL AREAS and inserting ‘‘for the 2’’; ‘‘(A) IN GENERAL.—From funds appro- ‘‘(3) E .— (D) in clause (iv)— priated under section 174, the Secretary may The industry council may include, or other- (i) by striking subclause (I); award grants to States for exemplary per- wise provide for consultation with, employ- (ii) by redesignating subclauses (II) and formance in carrying programs under this ers from outside the local area who are like- (III) as subclauses (I) and (II), respectively; chapters 4 and 5 of this title. Such awards ly to hire a significant number of enrollees and may be based on States meeting or exceeding from the Job Corps center.’’. (iii) in subclause (I) (as so redesignated)— the performance measures established under (c) INDICATORS OF PERFORMANCE AND ADDI- (I) by striking ‘‘taking into account’’ and this section, on the performance of the State TIONAL INFORMATION.—Section 159(c) (29 inserting ‘‘which shall be adjusted based on’’; in serving special populations, including the U.S.C. 2893(c)) is amended— (II) by inserting ‘‘such as unemployment levels of service provided and the perform- (1) by amending paragraph (1) to read as rates and job losses or gains in particular in- ance outcomes, and such other factors relat- follows: dustries’’ after ‘‘economic conditions’’; and ing to the performance of the State under ‘‘(1) CORE INDICATORS.—The Secretary shall (III) by inserting ‘‘such as indicators of this title as the Secretary determines is ap- annually establish expected levels of per- poor work history, lack of work experience, propriate. formance for Job Corps centers and the Job low levels of literacy or English proficiency, ‘‘(B) USE OF FUNDS.—The funds awarded to Corps program relating to each of the core disability status, and welfare dependency’’ a State under this paragraph may be used to indicators for youth identified in section after ‘‘program’’; carry out any activities authorized under 136(b)(2)(A)(ii).’’; and (E) by striking clause (v); and chapters 4 and 5 of this title, including dem- (2) in paragraph (2), by striking ‘‘meas- (F) by redesignating clause (vi) as clause onstrations and innovative programs for spe- ures’’ each place it appears and inserting (v). cial populations. ‘‘indicators’’. (4) ADDITIONAL INDICATORS.—Section ‘‘(2) INCENTIVE GRANTS FOR LOCAL AREAS.— SEC. 116. NATIVE AMERICAN PROGRAMS. 136(b)(3)(B) is amended by striking ‘‘para- ‘‘(A) IN GENERAL.—From funds reserved (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) graph (2)(C)’’ and inserting ‘‘paragraph under sections 128(a) and 133(a), the Governor (29 U.S.C. 2911(h)(4)(C)) is amended to read as (2)(B)’’. may award incentive grants to local areas follows:

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‘‘(C) DUTIES.—The Council shall advise the sion of the activities under subparagraph (A) sistance would not be duplicative to assist- Secretary on the operation and administra- are based, and a description of how such ac- ance provided by the State),’’ after ‘‘local- tion of the programs assisted under this sec- tivities will expand the base of knowledge re- ities,’’; and tion.’’. lating to the provision of activities for (B) by striking ‘‘from carrying out activi- (b) ASSISTANCE TO AMERICAN SAMOANS IN youth; ties’’ and all that follows up to the period HAWAII.—Section 166 (29 U.S.C. 2911) is fur- ‘‘(C) a description of the private and pub- and inserting ‘‘to implement the amend- ther amended by striking subsection (j). lic, and local and State resources that will ments made by the Workforce Reinvestment (c) MIGRANT AND SEASONAL FARMWORKER be leveraged to provide the activities de- and Adult Education Act of 2003’’; and PROGRAMS.—Section 167(d) is amended by in- scribed under subparagraph (A) in addition (5) by inserting, after subsection (c) (as re- serting ‘‘(including permanent housing)’’ the funds provided under this subsection; and designated by paragraph (3)), the following: after ‘‘housing’’. ‘‘(D) the levels of performance the eligible ‘‘(d) BEST PRACTICES COORDINATION.—The SEC. 117. YOUTH CHALLENGE GRANTS. entity expects to achieve with respect to the Secretary shall establish a system whereby Section 169 (29 U.S.C. 2914) is amended to indicators of performance for youth specified States may share information regarding best read as follows: in section 136(b)(2)(A)(ii). practices with regards to the operation of ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. ‘‘(8) FACTORS FOR AWARD.—In awarding workforce investment activities under this ‘‘(a) IN GENERAL.—Of the amounts reserved grants under this subsection the Secretary Act.’’. by the Secretary under section 127(a)(1)(A) may consider the quality of the proposed SEC. 119. DEMONSTRATION, PILOT, MULTI- for a fiscal year— project, the goals to be achieved, the likeli- SERVICE, RESEARCH AND ‘‘(1) the Secretary shall use not less than 80 hood of successful implementation, the ex- MULTISTATE PROJECTS. percent to award competitive grants under tent to which the project is based on proven (a) DEMONSTRATION AND PILOT PROJECTS.— subsection (b); and strategies or the extent to which the project Section 171(b) (29 U.S.C. 2916(b)) is amended— ‘‘(2) the Secretary may use not more than will expand the knowledge base on activities (1) in paragraph (1)— 20 percent to award discretionary grants for youth, and the additional State, local or (A) by striking ‘‘Under a’’ and inserting under subsection (c). private resources that will be provided. ‘‘Consistent with the priorities specified in ‘‘(b) COMPETITIVE GRANTS TO STATES AND ‘‘(9) EVALUATION.—The Secretary may re- the’’; LOCAL AREAS.— serve up to 5 percent of the funds described (B) by amending subparagraphs (A) ‘‘(1) ESTABLISHMENT.—From the funds de- through (D) to read as follows: scribed in subsection (a)(1), the Secretary in subsection(a)(1) to provide technical as- ‘‘(A) projects that assist national employ- shall award competitive grants to eligible sistance to, and conduct evaluations of the ers in connecting with the workforce invest- entities to carry out activities authorized projects funded under this subsection (using ment system established under this title in under this section to assist eligible youth in appropriate techniques as described in sec- order to facilitate the recruitment and em- acquiring the skills, credentials and employ- tion 172(c)). ment experience necessary to succeed in the ‘‘(c) DISCRETIONARY GRANTS FOR YOUTH AC- ployment of needed workers and to provide labor market. TIVITIES.— information to such system on skills and occupations in demand; ‘‘(2) ELIGIBLE ENTITIES.—Grants under this ‘‘(1) IN GENERAL.—From the funds described subsection may be awarded to States, local in subsection(a)(2), the Secretary may award ‘‘(B) projects that promote the develop- boards, recipients of grants under section 166 grants to eligible entities to provide activi- ment of systems that will improve the effec- (relating to Native American programs), and ties that will assist youth in preparing for, tiveness and efficiency of programs carried public or private entities (including con- and entering and retaining, employment. out under this title; sortia of such entities) applying in conjunc- ‘‘(2) ELIGIBLE ENTITIES.—Grants under this ‘‘(C) projects that focus on opportunities tion with local boards. subsection may be awarded to public or pri- for employment in industries and sectors of ‘‘(3) GRANT PERIOD.—The Secretary may vate entities that the Secretary determines industries that are experiencing or are likely make a grant under this section for a period would effectively carry out activities relat- to experience high rates of growth; of 1 year and may renew the grants for each ing to youth under this subsection. ‘‘(D) projects carried out by States and of the 4 succeeding years. ‘‘(3) PARTICIPANT ELIGIBILITY.—Youth ages local areas to test innovative approaches to ‘‘(4) AUTHORITY TO REQUIRE MATCH.—The 14 through 19 at the time the eligibility de- delivering employment-related services;’’; Secretary may require that grantees under termination is made may be eligible to par- (C) by striking subparagraph (E); this subsection provide a non-Federal share ticipate in activities under this subsection. (D) by redesignating subparagraphs (F) and of the cost of activities carried out under a ‘‘(4) USE OF FUNDS.—Funds provided under (G) as subparagraphs (E) and (F), respec- grant awarded under this subsection. this subsection may be used for activities tively; ‘‘(5) PARTICIPANT ELIGIBILITY.—Youth ages that will assist youth in preparing for, and (E) by inserting after subparagraph (F) (as 14 through 19 as of the time the eligibility entering and retaining, employment, includ- so redesignated) the following: determination is made may be eligible to ing the activities described in section 129 for ‘‘(G) projects that provide retention grants participate in activities provided under this out-of-school youth, activities designed to to qualified job training programs upon subsection. assist in-school youth to stay in school and placement or retention of a low-income indi- ‘‘(6) USE OF FUNDS.—Funds under this sub- gain work experience, and such other activi- vidual trained by that program in employ- section may be used for activities that are ties that the Secretary determines are ap- ment with a single employer for a period of designed to assist youth in acquiring the propriate. 1 year, provided that such employment is skills, credentials and employment experi- ‘‘(5) APPLICATIONS.—To be eligible to re- providing to the low-income individual an ence that are necessary to succeed in the ceive a grant under this subsection, an eligi- income not less than twice the poverty line labor market, including the activities identi- ble entity shall submit an application to the for that individual.’’; and fied in section 129. The activities may in- Secretary at such time, in such manner, and (F) by striking subparagraph (H); and clude activities such as— containing such information as the Sec- (2) in paragraph (2)— ‘‘(A) training and internships for out-of- retary may require. (A) by striking subparagraph (B); and school youth in sectors of economy experi- ‘‘(6) ADDITIONAL REQUIREMENTS.—The Sec- (B) by redesignating subparagraph (C) as encing or projected to experience high retary may require the provision of a non- subparagraph (B). growth; Federal share for projects funded under this (b) MULTISERVICE PROJECTS.—Section ‘‘(B) after-school dropout prevention ac- subsection and may require participation of 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B)) is amend- tivities for in-school youth; grantees in evaluations of such projects, ined to read as follows: ‘‘(C) activities designed to assist special cluding evaluations using the techniques as ‘‘(B) NET IMPACT STUDIES AND REPORTS.— youth populations, such as court-involved described in section 172(c).’’. The Secretary shall conduct studies to deter- youth and youth with disabilities; and SEC. 118. TECHNICAL ASSISTANCE. mine the net impacts of programs, services, ‘‘(D) activities combining remediation of Section 170 (29 U.S.C. 2915) is amended— and activities carried out under this title. academic skills, work readiness training, (1) by striking subsection (b); The Secretary shall prepare and disseminate and work experience, and including linkages (2) by striking ‘‘(a) GENERAL TECHNICAL AS- to the public reports containing the results to postsecondary education, apprenticeships, SISTANCE.—’’; of such studies.’’. and career-ladder employment. (3) by redesignating paragraphs (1), (2), and (c) WAIVER AUTHORITY TO CARRY OUT DEM- ‘‘(7) APPLICATIONS.—To be eligible to re- (3) as subsections (a), (b), and (c) respec- ONSTRATIONS AND EVALUATIONS.—Section 171 ceive a grant under this subsection, an eligi- tively, and moving such subsections 2 ems to (29 U.S.C. 2916(d)) is further amended by ble entity shall submit an application to the the left; striking subsection (d). Secretary at such time, in such manner, and (4) in subsection (a) (as redesignated by SEC. 120. EVALUATIONS. containing such information as the Sec- paragraph (3))— (a) IN GENERAL.—Section 173 (29 U.S.C. retary may require, including— (A) by inserting ‘‘the training of staff pro- 2916) is amended— ‘‘(A) a description of the activities the eli- viding rapid response services, the training (1) by amending the designation and head- gible entity will provide to eligible youth of other staff of recipients of funds under ing to read as follows: under this subsection; this title, peer review activities under this ‘‘SEC. 173. NATIONAL DISLOCATED WORKER ‘‘(B) a description of the programs of dem- title, assistance regarding accounting and GRANTS.’’; onstrated effectiveness on which the provi- program operation practices (when such as- and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7854 CONGRESSIONAL RECORD — SENATE July 8, 2004 (2) in subsection (a)— ance with subparagraph (D),’’ after ‘‘subpara- adults to obtain employment and self-suffi- (A) by striking ‘‘national emergency graph (B)’’; and ciency and to successfully advance in the grants’’ in the matter preceding paragraph (2) by adding the following subparagraph: workforce; (1) and inserting ‘‘national dislocated worker ‘‘(D) EXPEDITED PROCESS FOR EXTENDING ‘‘(2) assist adults in the completion of a grants’’; and APPROVED WAIVERS TO ADDITIONAL STATES.— secondary school education (or its equiva- (B) in paragraph (1), by striking ‘‘sub- In lieu of the requirements of subparagraphs lent) and the transition to a postsecondary section (c)’’ and inserting ‘‘subsection (b)’’. (B) and (C), the Secretary may establish an educational institution; (b) ADMINISTRATION.—Section 173 (29 U.S.C. expedited procedure for the purpose of ex- ‘‘(3) increase the basic reading, writing, 2918) is further amended— tending to additional States the waiver of speaking, and math skills of parents to en- (1) by striking subsection (b) and redesig- statutory or regulatory requirements that able them to support the educational devel- nating subsections (c) and (d) as subsections have been approved for a State pursuant to a opment of their children and make informed (b) and (c), respectively; and request under subparagraph (B). Such proce- choices regarding their children’s education; (2) by striking subsection (e) and redesig- dure shall ensure that the extension of such and nating subsections (f) and (g) as subsection waivers to additional States are accom- ‘‘(4) assist immigrants who are not pro- (d) and (e), respectively. panied by appropriate conditions relating ficient in English in improving their reading, (c) ELIGIBLE ENTITIES.—Section 173(b)(1)(B) the implementation of such waivers.’’. (29 U.S.C. 2918(b)(1)(B)) (as redesignated by writing, speaking, and math skills and ac- SEC. 125. GENERAL PROGRAM REQUIREMENTS. quiring an understanding of the American subsection (b) of this section) is amended by Section 195 (29 U.S.C. 2945) is amended by free enterprise system, individual freedom, striking ‘‘, and other entities’’ and all that adding at the end the following new para- and the responsibilities of citizenship. follows and inserting a period. graph: (d) CONFORMING AMENDMENT.—The table of ‘‘(14) Funds provided under this title shall ‘‘SEC. 203. DEFINITIONS. contents in section 1(b) is amended by not be used to establish or operate stand- ‘‘In this title: amending the item related to section 173 to alone fee-for-service enterprises that com- ‘‘(1) ADULT BASIC SKILLS AND FAMILY LIT- read as follows: pete with private sector employment agen- ‘‘Sec. 173. National dislocated worker cies within the meaning of section 701(c) of ERACY EDUCATION PROGRAMS.—The term grants.’’. the Civil Rights Act of 1964 (42 U.S.C. ‘adult basic skills and family literacy edu- SEC. 121. AUTHORIZATION OF APPROPRIATIONS 2000e(c)). For purposes of this paragraph, cation programs’ means a sequence of aca- FOR NATIONAL ACTIVITIES. such an enterprise does not include one-stop demic instruction and educational services (a) IN GENERAL.—Section 174(a)(1) (29 centers.’’. below the postsecondary level that increase an individual’s ability to read, write, and U.S.C. 2919(a)(1)) is amended by striking TITLE II—ADULT EDUCATION ‘‘1999 through 2003’’ and inserting ‘‘2004 speak in English and perform mathematical PART A—ADULT BASIC SKILLS AND through 2009’’. computations leading to a level of pro- FAMILY LITERACY EDUCATION (b) RESERVATIONS.—Section 174(b) is ficiency equivalent to secondary school com- amended to read as follows: SEC. 201. TABLE OF CONTENTS. pletion that is provided for individuals— ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRA- The table of contents in section 1(b) is ‘‘(A) who are at least 16 years of age; TION AND PILOT PROJECTS; EVALUATIONS; IN- amended by amending the items relating to ‘‘(B) who are not enrolled or required to be CENTIVE GRANTS.—There are authorized to be title II to read as follows: enrolled in secondary school under State appropriated to carry out sections 170 ‘‘TITLE II—ADULT BASIC SKILLS AND law; and through 172 and section 136 such sums as FAMILY LITERACY EDUCATION ‘‘(C) who— may be necessary for each of fiscal years 2004 ‘‘Sec. 201. Short title. ‘‘(i) lack sufficient mastery of basic read- through 2009.’’. ‘‘Sec. 202. Purpose. ing, writing, speaking, and math skills to en- SEC. 122. REQUIREMENTS AND RESTRICTIONS. ‘‘Sec. 203. Definitions. able the individuals to function effectively (a) IN GENERAL.—Section 181(c)(2)(A) (29 ‘‘Sec. 204. Home schools. in society; U.S.C. 2931(c)(2)(A)) is amended in the matter ‘‘Sec. 205. Authorization of appropriations. ‘‘(ii) do not have a secondary school di- preceding clause (i) by striking ‘‘shall’’ and ‘‘CHAPTER 1—FEDERAL PROVISIONS ploma or the General Equivalency Diploma inserting ‘‘may’’. ‘‘Sec. 211. Reservation of funds; grants to el- (GED) (including recognized alternative (b) LIMITATIONS.—Section 181(e) is amended igible agencies; allotments. standards for individuals with disabilities), by striking the first sentence. ‘‘Sec. 212. Performance accountability sys- and have not achieved an equivalent level of SEC. 123. NONDISCRIMINATION. tem. education; or Section 188(a)(2) (29 U.S.C. 2931(a)(2)) is ‘‘Sec. 213. Incentive grants for states. ‘‘(iii) are unable to read, write, or speak amended— ‘‘CHAPTER 2—STATE PROVISIONS the English language. (1) by striking ‘‘EMPLOYMENT.—No’’ and in- ‘‘Sec. 221. State administration. ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible serting ‘‘EMPLOYMENT.— ‘‘Sec. 222. State distribution of funds; agency’— ‘‘(A) IN GENERAL.—Except as provided in matching requirement. ‘‘(A) means the sole entity or agency in a subparagraph (B), no’’; and ‘‘Sec. 223. State leadership activities. State or an outlying area responsible for ad- (2) by adding at the end the following sub- ‘‘Sec. 224. State plan. ministering or supervising policy for adult paragraph: ‘‘Sec. 225. Programs for corrections edu- basic skills and family literacy education ‘‘(B) EXEMPTION FOR RELIGIOUS ORGANIZA- cation and other institutional- programs in the State or outlying area, re- TIONS.—Subparagraph (A) shall not apply to ized individuals. spectively, consistent with the law of the a recipient of financial assistance under this ‘‘CHAPTER 3—LOCAL PROVISIONS State or outlying area, respectively; and title that is a religious corporation, associa- ‘‘(B) may be the State educational agency, tion, educational institution, or society, ‘‘Sec. 231. Grants and contracts for eligible the State agency responsible for admin- with respect to the employment of individ- providers. istering workforce investment activities, or uals of a particular religion to perform work ‘‘Sec. 232. Local application. the State agency responsible for admin- connected with the carrying on by such cor- ‘‘Sec. 233. Local administrative cost limits. istering community or technical colleges. poration, association, educational institu- ‘‘CHAPTER 4—GENERAL PROVISIONS ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- tion, or society of its activities. Such recipi- ‘‘Sec. 241. Administrative provisions. ble provider’ means— ents shall comply with the other require- ‘‘Sec. 242. National leadership activities.’’. ments contained in subparagraph (A).’’. ‘‘(A) a local educational agency; SEC. 202. AMENDMENT. ‘‘(B) a community-based or faith-based or- SEC. 124. ADMINISTRATIVE PROVISIONS. Title II is amended to read as follows: ganization of demonstrated effectiveness; (a) PROGRAM YEAR.—Section 189(g)(1) (29 ‘‘TITLE II—ADULT BASIC SKILLS AND ‘‘(C) a volunteer literacy organization of U.S.C. 2939(g)(1)) is amended to read as fol- FAMILY LITERACY EDUCATION demonstrated effectiveness; lows: ‘‘(D) an institution of higher education; ‘‘(1) IN GENERAL.—Appropriations for any ‘‘SEC. 201. SHORT TITLE. fiscal year for programs and activities car- ‘‘This title may be cited as the ‘Adult ‘‘(E) a public or private educational agen- ried out under this title shall be available for Basic Skills and Family Literacy Education cy; obligation only on the basis of a program Act’. ‘‘(F) a library; year. The program year shall begin on July ‘‘SEC. 202. PURPOSE. ‘‘(G) a public housing authority; 1 in the fiscal year for which the appropria- ‘‘It is the purpose of this title to provide ‘‘(H) an institution that is not described in tion is made.’’. instructional opportunities for adults seek- any of subparagraphs (A) through (G) and (b) AVAILABILITY.—Section 189(g)(2) (29 ing to improve their basic reading, writing, has the ability to provide adult basic skills U.S.C. 2939(g)(2)) is amended by striking speaking, and math skills, and support and family literacy education programs to ‘‘each State’’ and inserting ‘‘each recipient’’. States and local communities in providing, adults and families; or (c) GENERAL WAIVERS.—Section 189(i)(4) (29 on a voluntary basis, adult basic skills and ‘‘(I) a consortium of the agencies, organiza- U.S.C. 2939(i)(4)) is amended— family literacy programs, in order to— tions, institutions, libraries, or authorities (1) in subparagraph (A), in the matter pre- ‘‘(1) increase the basic reading, writing, described in any of subparagraphs (A) ceding clause (i), by inserting ‘‘, or in accord- speaking, and math skills necessary for through (H).

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‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- ‘‘(C) a nonprofit educational institution of- ‘‘(2) ADDITIONAL ALLOTMENTS.—From the GRAM.—The term ‘English language acquisi- fering certificate or apprenticeship programs sums appropriated under section 205, not re- tion program’ means a program of instruc- at the postsecondary level. served under subsection (a), and not allotted tion designed to help individuals with lim- ‘‘(15) READING.—The term ‘reading’ has the under paragraph (1), for a fiscal year, the ited English proficiency achieve competence meaning given to that term in section 1208 of Secretary shall allot to each eligible agency in reading, writing, and speaking the English the Elementary and Secondary Education that receives an initial allotment under language. Act of 1965 (20 U.S.C. 6368). paragraph (1) an additional amount that ‘‘(5) ESSENTIAL COMPONENTS OF READING IN- ‘‘(16) SCIENTIFICALLY BASED READING RE- bears the same relationship to such sums as STRUCTION.—The term ‘essential components SEARCH.—The term ‘scientifically based read- the number of qualifying adults in the State of reading instruction’ has the meaning ing research’ has the meaning given to that or outlying area served by the eligible agen- given to that term in section 1208 of the Ele- term in section 1208 of the Elementary and cy bears to the number of such adults in all mentary and Secondary Education Act of Secondary Education Act of 1965 (20 U.S.C. States and outlying areas. 1965 (20 U.S.C. 6368). 6368). ‘‘(d) QUALIFYING ADULT.—For the purpose ‘‘(6) FAMILY LITERACY EDUCATION PRO- ‘‘(17) SECRETARY.—The term ‘Secretary’ of subsection (c)(2), the term ‘qualifying GRAMS.—The term ‘family literacy education means the Secretary of Education. adult’ means an adult who— programs’ means educational programs ‘‘(18) STATE.—The term ‘State’ means each ‘‘(1) is at least 16 years of age; that— of the several States of the United States, ‘‘(2) is beyond the age of compulsory school ‘‘(A) assist parents and students, on a vol- the District of Columbia, and the Common- attendance under the law of the State or wealth of Puerto Rico. untary basis, in achieving the purposes of outlying area; ‘‘(19) STATE EDUCATIONAL AGENCY.—The this title as described in section 202; and ‘‘(3) does not have a secondary school di- term ‘State educational agency’ has the ‘‘(B) are of sufficient intensity in terms of ploma or the General Equivalency Diploma meaning given to that term in section 9101 of hours and of sufficient duration to make sus- (GED) (including recognized alternative the Elementary and Secondary Education tainable changes in a family, are based upon standards for individuals with disabilities); Act of 1965 (20 U.S.C. 7801). scientific research-based principles, and for and ‘‘(20) WORKPLACE LITERACY PROGRAM.—The the purpose of substantially increasing the ‘‘(4) is not enrolled in secondary school. term ‘workplace literacy program’ means an ‘‘(e) SPECIAL RULE.— ability of parents and children to read, write, educational program that is offered in col- ‘‘(1) IN GENERAL.—From amounts made and speak English integrate— laboration between eligible providers and available under subsection (c) for the Repub- ‘‘(i) interactive literacy activities between employers or employee organizations for the lic of the Marshall Islands, the Federated parents and their children; purpose of improving the productivity of the States of Micronesia, and the Republic of ‘‘(ii) training for parents regarding how to workforce through the improvement of read- Palau, the Secretary shall award grants to be the primary teacher for their children and ing, writing, speaking, and math skills. full partners in the education of their chil- Guam, American Samoa, the Commonwealth ‘‘SEC. 204. HOME SCHOOLS. of the Northern Mariana Islands, the Repub- dren; ‘‘Nothing in this title shall be construed to lic of the Marshall Islands, the Federated ‘‘(iii) parent literacy training that leads to affect home schools, whether or not a home States of Micronesia, or the Republic of economic self-sufficiency; and school is treated as a home school or a pri- Palau to carry out activities described in ‘‘(iv) an age-appropriate education to pre- vate school under State law, or to compel a pare children for success in school and life parent engaged in home schooling to partici- this title in accordance with the provisions experiences. pate in an English language acquisition proof this title as determined by the Secretary. ‘‘(7) GOVERNOR.—The term ‘Governor’ gram, a family literacy education program, ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- means the chief executive officer of a State or an adult basic skills and family literacy standing any other provision of law, the Re- or outlying area. education program. public of the Marshall Islands, the Federated States of Micronesia, and the Republic of ‘‘(8) INDIVIDUAL WITH A DISABILITY.— ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) IN GENERAL.—The term ‘individual ‘‘There are authorized to be appropriated Palau shall be eligible to receive a grant with a disability’ means an individual with to carry out this title $584,300,000 for fiscal under this title until an agreement for the any disability (as defined in section 3 of the year 2004 and such sums as may be necessary extension of United States education assist- Americans with Disabilities Act of 1990 (42 for fiscal years 2005 through 2009. ance under the Compact of Free Association for each of the Freely Associated States be- U.S.C. 12102)). ‘‘CHAPTER 1—FEDERAL PROVISIONS ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The comes effective. ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(3) ADMINISTRATIVE COSTS.—The Secretary term ‘individuals with disabilities’ means ELIGIBLE AGENCIES; ALLOTMENTS. more than one individual with a disability. may provide not more than 5 percent of the ‘‘(a) RESERVATION OF FUNDS.—From the funds made available for grants under this ‘‘(9) INDIVIDUAL WITH LIMITED ENGLISH PRO- sums appropriated under section 205 for a fis- subsection to pay the administrative costs of FICIENCY.—The term ‘individual with limited cal year, the Secretary— English proficiency’ means an adult or out- ‘‘(1) shall reserve 1.75 percent to carry out the Pacific Region Educational Laboratory of-school youth who has limited ability in the National Institute for Literacy Estab- regarding activities assisted under this sub- reading, writing, speaking, or understanding lishment Act; section. the English language, and— ‘‘(2) shall reserve up to 1.72 percent for in- ‘‘(f) HOLD-HARMLESS PROVISIONS.— ‘‘(A) whose native language is a language centive grants under section 213; and ‘‘(1) IN GENERAL.—Notwithstanding sub- other than English; or ‘‘(3) shall reserve up to 1.55 percent to section (c), and subject to paragraphs (2) and ‘‘(B) who lives in a family or community carry out section 242. (3), for fiscal year 2004 and each succeeding environment where a language other than ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— fiscal year, no eligible agency shall receive English is the dominant language. ‘‘(1) IN GENERAL.—From the sums appro- an allotment under this title that is less ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— priated under section 205 and not reserved than 90 percent of the allotment the eligible The term ‘institution of higher education’ under subsection (a) for a fiscal year, the agency received for the preceding fiscal year has the meaning given to that term in sec- Secretary shall award a grant to each eligi- under this title. tion 101 of the Higher Education Act of 1965 ble agency having a State plan approved ‘‘(2) EXCEPTION.—An eligible agency that (20 U.S.C. 1001). under section 224 in an amount equal to the receives for the preceding fiscal year only an ‘‘(11) LITERACY.—The term ‘literacy’ means sum of the initial allotment under sub- initial allotment under subsection 211(c)(1) the ability to read, write, and speak the section (c)(1) and the additional allotment (and no additional allotment under 211(c)(2)) English language with competence, knowl- under subsection (c)(2) for the eligible agen- shall receive an allotment equal to 100 per- edge, and comprehension. cy for the fiscal year, subject to subsections cent of the initial allotment. ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The (f) and (g). ‘‘(3) RATABLE REDUCTION.—If for any fiscal term ‘local educational agency’ has the ‘‘(2) PURPOSE OF GRANTS.—The Secretary year the amount available for allotment meaning given to that term in section 9101 of may award a grant under paragraph (1) only under this title is insufficient to satisfy the the Elementary and Secondary Education if the eligible agency involved agrees to ex- provisions of paragraph (1), the Secretary Act of 1965 (20 U.S.C. 7801). pend the grant in accordance with the provi- shall ratably reduce the payments to all eli- ‘‘(13) OUTLYING AREA.—The term ‘outlying sions of this title. gible agencies, as necessary. area’ has the meaning given to that term in ‘‘(c) ALLOTMENTS.— ‘‘(g) REALLOTMENT.—The portion of any el- section 101 of this Act. ‘‘(1) INITIAL ALLOTMENTS.—From the sums igible agency’s allotment under this title for ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- appropriated under section 205 and not re- a fiscal year that the Secretary determines TION.—The term ‘postsecondary educational served under subsection (a) for a fiscal year, will not be required for the period such allot- institution’ means— the Secretary shall allot to each eligible ment is available for carrying out activities ‘‘(A) an institution of higher education agency having a State plan approved under under this title, shall be available for real- that provides not less than a 2-year program section 224— lotment from time to time, on such dates of instruction that is acceptable for credit ‘‘(A) $100,000, in the case of an eligible during such period as the Secretary shall fix, toward a bachelor’s degree; agency serving an outlying area; and to other eligible agencies in proportion to ‘‘(B) a tribally controlled community col- ‘‘(B) $250,000, in the case of any other eligi- the original allotments to such agencies lege; or ble agency. under this title for such year.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7856 CONGRESSIONAL RECORD — SENATE July 8, 2004 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- clause (iv). The levels agreed to under this formance of the State in serving populations, TEM. clause shall be considered to be the eligible such as those described in section 224(b)(10), ‘‘(a) PURPOSE.—The purpose of this section agency adjusted levels of performance for including the levels of service provided and is to establish a comprehensive performance the eligible agency for such years and shall the performance outcomes, and such other accountability system, composed of the ac- be incorporated into the State plan prior to factors relating to the performance of the tivities described in this section, to assess the approval of such plan. State under this title as the Secretary deter- the effectiveness of eligible agencies in ‘‘(iv) FACTORS.—The agreement described mines appropriate. achieving continuous improvement of adult in clause (iii) or (v) shall take into account— ‘‘(b) USE OF FUNDS.—The funds awarded to basic skills and family literacy education ‘‘(I) how the levels involved compare with a State under this paragraph may be used to programs funded under this title, in order to the eligible agency’s adjusted levels of per- carry out any activities authorized under optimize the return on investment of Federal formance, taking into account factors in- this title, including demonstrations and in- funds in adult basic skills and family lit- cluding the characteristics of participants novative programs for hard-to-serve popu- eracy education programs. when the participants entered the program; lations. ‘‘(b) ELIGIBLE AGENCY PERFORMANCE MEAS- and URES.— ‘‘CHAPTER 2—STATE PROVISIONS ‘‘(II) the extent to which such levels pro- ‘‘(1) IN GENERAL.—For each eligible agency, ‘‘SEC. 221. STATE ADMINISTRATION. the eligible agency performance measures mote continuous and significant improve- ‘‘Each eligible agency shall be responsible shall consist of— ment in performance on the student pro- for the following activities under this title: ‘‘(A)(i) the core indicators of performance ficiency measures used by such eligible agen- ‘‘(1) The development, submission, imple- described in paragraph (2)(A); and cy and ensure optimal return on the invest- mentation, and monitoring of the State plan. ‘‘(ii) employment performance indicators ment of Federal funds. ‘‘(2) Consultation with other appropriate identified by the eligible agency under para- ‘‘(v) AGREEMENT ON ELIGIBLE AGENCY AD- agencies, groups, and individuals that are in- graph (2)(B); and JUSTED LEVELS OF PERFORMANCE FOR SECOND volved in, or interested in, the development ‘‘(B) an eligible agency adjusted level of 3 YEARS.—Prior to the fourth program year and implementation of activities assisted performance for each indicator described in covered by the State plan, the Secretary and under this title. subparagraph (A). each eligible agency shall reach agreement ‘‘(3) Coordination and avoidance of duplica- ‘‘(2) INDICATORS OF PERFORMANCE.— on levels of student proficiency for each of tion with other Federal and State education, ‘‘(A) CORE INDICATORS OF PERFORMANCE.— the core indicators of performance for the training, corrections, public housing, and so- The core indicators of performance shall in- fourth, fifth, and sixth program years cov- cial service programs. clude the following: ered by the State plan, taking into account ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; ‘‘(i) Measurable improvements in basic the factors described in clause (iv). The lev- MATCHING REQUIREMENT. skill levels in reading, writing, and speaking els agreed to under this clause shall be con- ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each the English language and basic math, lead- sidered to be the eligible agency adjusted eligible agency receiving a grant under this ing to proficiency in each skill. levels of performance for the eligible agency title for a fiscal year— ‘‘(ii) Receipt of a secondary school diploma for such years and shall be incorporated into ‘‘(1) shall use an amount not less than 82.5 or the General Equivalency Diploma (GED) the State plan. percent of the grant funds to award grants (including recognized alternative standards ‘‘(vi) REVISIONS.—If unanticipated cir- and contracts under section 231 and to carry for individuals with disabilities). cumstances arise in a State resulting in a out section 225, of which not more than 10 ‘‘(iii) Placement in postsecondary edu- significant change in the factors described in percent of such amount shall be available to cation or other training programs. clause (iv)(I), the eligible agency may re- carry out section 225; ‘‘(B) EMPLOYMENT PERFORMANCE INDICA- quest that the eligible agency adjusted levels ‘‘(2) shall use not more than 12.5 percent of TORS.—Consistent with applicable Federal of performance agreed to under clause (iii) or the grant funds to carry out State leadership and State privacy laws, an eligible agency (v) be revised. activities under section 223; and shall identify in the State plan the following ‘‘(B) LEVELS OF EMPLOYMENT PERFORM- ‘‘(3) shall use not more than 5 percent of individual participant employment perform- ANCE.—The eligible agency shall identify, in the grant funds, or $75,000, whichever is ance indicators— the State plan, eligible agency levels of per- greater, for the administrative expenses of ‘‘(i) entry into employment; formance for each of the employment per- the eligible agency. ‘‘(ii) retention in employment; and formance indicators described in paragraph ‘‘(b) MATCHING REQUIREMENT.— ‘‘(iii) increase in earnings. (2)(B). Such levels shall be considered to be ‘‘(1) IN GENERAL.—In order to receive a ‘‘(3) LEVELS OF PERFORMANCE.— eligible agency adjusted levels of perform- grant from the Secretary under section ‘‘(A) ELIGIBLE AGENCY ADJUSTED LEVELS OF ance for purposes of this title. 211(b), each eligible agency shall provide, for PERFORMANCE FOR CORE INDICATORS.— ‘‘(c) REPORT.— the costs to be incurred by the eligible agen- ‘‘(i) IN GENERAL.—For each eligible agency ‘‘(1) IN GENERAL.—Each eligible agency cy in carrying out the adult basic skills and submitting a State plan, there shall be es- that receives a grant under section 211(b) family literacy education programs for tablished, in accordance with this subpara- shall annually prepare and submit to the which the grant is awarded, a non-Federal graph, levels of performance for each of the Secretary, the Governor, the State legisla- contribution in an amount at least equal core indicators of performance described in ture, eligible providers, and the general pub- to— paragraph (2)(A) for adult basic skills and lic within the State, a report on the progress ‘‘(A) in the case of an eligible agency serv- family literacy education programs author- of the eligible agency in achieving eligible ing an outlying area, 12 percent of the total ized under this title. The levels of perform- agency performance measures, including the amount of funds expended for adult basic ance established under this subparagraph following: skills and family literacy education pro- shall, at a minimum— ‘‘(A) Information on the levels of perform- grams in the outlying area, except that the ‘‘(I) be expressed in an objective, quantifi- ance achieved by the eligible agency with re- Secretary may decrease the amount of funds able, and measurable form; and spect to the core indicators of performance required under this subparagraph for an eli- ‘‘(II) show the progress of the eligible agen- and employment performance indicators. gible agency; and cy toward continuously and significantly im- ‘‘(B) The number and type of each eligible ‘‘(B) in the case of an eligible agency serv- proving the agency’s performance outcomes provider that receives funding under such ing a State, 25 percent of the total amount of in an objective, quantifiable, and measurable grant. funds expended for adult basic skills and form. ‘‘(2) INFORMATION DISSEMINATION.—The Sec- family literacy education programs in the ‘‘(ii) IDENTIFICATION IN STATE PLAN.—Each retary— State. eligible agency shall identify, in the State ‘‘(A) shall make the information contained ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- plan submitted under section 224, expected in such reports available to the general pub- ble agency’s non-Federal contribution re- levels of performance for each of the core in- lic through publication and other appro- quired under paragraph (1) may be provided dicators of performance for the first 3 propriate methods; in cash or in kind, fairly evaluated, and shall gram years covered by the State plan. ‘‘(B) shall disseminate State-by-State com- include only non-Federal funds that are used ‘‘(iii) AGREEMENT ON ELIGIBLE AGENCY AD- parisons of the information; and for adult basic skills and family literacy JUSTED LEVELS OF PERFORMANCE FOR FIRST 3 ‘‘(C) shall provide the appropriate commit- education programs in a manner that is con- YEARS.—In order to ensure an optimal return tees of the Congress with copies of such re- sistent with the purpose of this title. on the investment of Federal funds in adult ports. ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. basic skills and family literacy education ‘‘SEC. 213. INCENTIVE GRANTS FOR STATES. ‘‘(a) IN GENERAL.—Each eligible agency programs authorized under this title, the ‘‘(a) IN GENERAL.—From funds appro- may use funds made available under section Secretary and each eligible agency shall priated under section 211(a)(2), the Secretary 222(a)(2) for any of the following adult basic reach agreement on levels of student pro- may award grants to States for exemplary skills and family literacy education proficiency for each of the core indicators of performance in carrying out programs under grams: performance, for the first 3 program years this title. Such awards shall be based on ‘‘(1) The establishment or operation of pro- covered by the State plan, taking into ac- States meeting or exceeding the core indica- fessional development programs to improve count the levels identified in the State plan tors of performance established under sec- the quality of instruction provided pursuant under clause (ii) and the factors described in tion 212(b)(2)(A) and may be based on the per- to local activities required under section

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7857 231(b), including instruction incorporating ‘‘(2) a description of the adult basic skills ‘‘(10) a description of the eligible agency’s the essential components of reading instruc- and family literacy education programs that strategies for serving populations that in- tion and instruction provided by volunteers will be carried out with funds received under clude, at a minimum— or by personnel of a State or outlying area. this title; ‘‘(A) low-income individuals; ‘‘(2) The provision of technical assistance ‘‘(3) a description of how the eligible agen- ‘‘(B) individuals with disabilities; to eligible providers of adult basic skills and cy will evaluate and measure annually the ‘‘(C) the unemployed; family literacy education programs for de- effectiveness and improvement of the adult ‘‘(D) the underemployed; and velopment and dissemination of scientific re- basic skills and family literacy education ‘‘(E) individuals with multiple barriers to search-based instructional practices in read- programs based on the performance meas- educational enhancement, including individ- ing, writing, speaking, math, and English ures described in section 212 including— uals with limited English proficiency; language acquisition programs. ‘‘(A) how the eligible agency will evaluate ‘‘(11) a description of how the adult basic ‘‘(3) The provision of assistance to eligible and measure annually such effectiveness on skills and family literacy education pro- providers in developing, implementing, and a grant-by-grant basis; and grams that will be carried out with any reporting measurable progress in achieving ‘‘(B) how the eligible agency— funds received under this title will be inte- the objectives of this title. ‘‘(i) will hold eligible providers account- grated with other adult education, career de- ‘‘(4) The provision of technology assist- able regarding the progress of such providers velopment, and employment and training ac- ance, including staff training, to eligible pro- in improving the academic achievement of tivities in the State or outlying area served viders of adult basic skills and family lit- participants in adult education programs by the eligible agency; eracy education programs, including dis- under this title and regarding the core indi- ‘‘(12) a description of the steps the eligible tance learning activities, to enable the eligi- cators of performance described in section agency will take to ensure direct and equi- ble providers to improve the quality of such 212(b)(2)(A); and table access, as required in section 231(c)(1), activities. ‘‘(ii) will use technical assistance, sanc- including— ‘‘(5) The development and implementation tions, and rewards (including allocation of ‘‘(A) how the State will build the capacity of technology applications or distance learn- grant funds based on performance and termi- of community-based and faith-based organi- ing, including professional development to nation of grant funds based on nonperform- zations to provide adult basic skills and fam- support the use of instructional technology. ance); ily literacy education programs; and ‘‘(6) Coordination with other public pro- ‘‘(4) a description of the performance meas- ‘‘(B) how the State will increase the par- grams, including welfare-to-work, workforce ures described in section 212 and how such ticipation of business and industry in adult development, and job training programs. performance measures have significantly im- basic skills and family literacy education ‘‘(7) Coordination with existing support proved adult basic skills and family literacy programs; and services, such as transportation, child care, education programs in the State or outlying ‘‘(13) a description of how the eligible agen- and other assistance designed to increase area; cy will consult with any State agency re- rates of enrollment in, and successful com- ‘‘(5) an assurance that the eligible agency sponsible for postsecondary education to depletion of, adult basic skills and family lit- will, in addition to meeting all of the other velop adult education that prepares students eracy education programs, for adults en- requirements of this title, award not less to enter postsecondary education without than one grant under this title to an eligible rolled in such activities. the need for remediation upon completion of provider that— secondary school equivalency programs. ‘‘(8) The development and implementation ‘‘(A) offers flexible schedules and necessary ‘‘(c) PLAN REVISIONS.—When changes in of a system to assist in the transition from support services (such as child care and conditions or other factors require substan- adult basic education to postsecondary edu- transportation) to enable individuals, includ- tial revisions to an approved State plan, the cation. ing individuals with disabilities, or individ- eligible agency shall submit the revisions of ‘‘(9) Activities to promote workplace lit- uals with other special needs, to participate the State plan to the Secretary. eracy programs. in adult basic skills and family literacy edu- ‘‘(d) CONSULTATION.—The eligible agency ‘‘(10) Activities to promote and com- cation programs; and shall— plement local outreach initiatives described ‘‘(B) attempts to coordinate with support ‘‘(1) submit the State plan, and any revi- in section 242(7). services that are not provided under this sions to the State plan, to the Governor, the ‘‘(11) Other activities of statewide signifi- title prior to using funds for adult basic chief State school officer, or the State offi- cance, including assisting eligible agencies skills and family literacy education pro- cer responsible for administering community in achieving progress in improving the skill grams provided under this title for support or technical colleges, or outlying area for re- levels of adults who participate in programs services; view and comment; and under this title. ‘‘(6) an assurance that the funds received ‘‘(2) ensure that any comments regarding ‘‘(b) COORDINATION.—In carrying out this under this title will not be expended for any the State plan by the Governor, the chief section, eligible agencies shall coordinate purpose other than for activities under this State school officer, or the State officer re- where possible, and avoid duplicating efforts, title; sponsible for administering community or in order to maximize the impact of the ac- ‘‘(7) a description of how the eligible agen- technical colleges, and any revision to the tivities described in subsection (a). cy will fund local activities in accordance State plan, are submitted to the Secretary. ‘‘(c) STATE-IMPOSED REQUIREMENTS.— with the measurable goals described in sec- ‘‘(e) PLAN APPROVAL.—A State plan sub- Whenever a State or outlying area imple- tion 231(d); mitted to the Secretary shall be approved by ments any rule or policy relating to the ad- ‘‘(8) an assurance that the eligible agency the Secretary only if the plan is consistent ministration or operation of a program au- will expend the funds under this title only in with the specific provisions of this title. thorized under this title that has the effect a manner consistent with fiscal require- ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- of imposing a requirement that is not im- ments in section 241; CATION AND OTHER INSTITU- posed under Federal law (including any rule ‘‘(9) a description of the process that will TIONALIZED INDIVIDUALS. or policy based on a State or outlying area be used for public participation and com- ‘‘(a) PROGRAM AUTHORIZED.—From funds interpretation of a Federal statute, regula- ment with respect to the State plan, which made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry tion, or guideline), the State or outlying process— out corrections education and education for area shall identify, to eligible providers, the ‘‘(A) shall include consultation with the other institutionalized individuals. rule or policy as being imposed by the State State workforce investment board, the State or outlying area. ‘‘(b) USES OF FUNDS.—The funds described board responsible for administering commu- in subsection (a) shall be used for the cost of ‘‘SEC. 224. STATE PLAN. nity or technical colleges, the Governor, the educational programs for criminal offenders ‘‘(a) 6-YEAR PLANS.— State educational agency, the State board or in correctional institutions and for other in- ‘‘(1) IN GENERAL.—Each eligible agency de- agency responsible for administering block stitutionalized individuals, including aca- siring a grant under this title for any fiscal grants for temporary assistance to needy demic programs for— year shall submit to, or have on file with, families under title IV of the Social Security ‘‘(1) basic skills education; the Secretary a 6-year State plan. Act, the State council on disabilities, the ‘‘(2) special education programs as deter- ‘‘(2) COMPREHENSIVE PLAN OR APPLICA- State vocational rehabilitation agency, mined by the eligible agency; TION.—The eligible agency may submit the other State agencies that promote the im- ‘‘(3) reading, writing, speaking, and math State plan as part of a comprehensive plan provement of adult basic skills and family programs; and or application for Federal education assist- literacy education programs, and direct pro- ‘‘(4) secondary school credit or diploma ance. viders of such programs; and programs or their recognized equivalent. ‘‘(b) PLAN CONTENTS.—The eligible agency ‘‘(B) may include consultation with the ‘‘(c) PRIORITY.—Each eligible agency that shall include in the State plan or any revi- State agency on higher education, institu- is using assistance provided under this sec- sions to the State plan— tions responsible for professional develop- tion to carry out a program for criminal of- ‘‘(1) an objective assessment of the needs of ment of adult basic skills and family lit- fenders within a correctional institution individuals in the State or outlying area for eracy education programs instructors, rep- shall give priority to serving individuals who adult basic skills and family literacy edu- resentatives of business and industry, ref- are likely to leave the correctional institu- cation programs, including individuals most ugee assistance programs, and faith-based tion within 5 years of participation in the in need or hardest to serve; organizations; program.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7858 CONGRESSIONAL RECORD — SENATE July 8, 2004

‘‘(d) DEFINITIONS.—For purposes of this sec- as appropriate, including the use of comment, and interagency coordination, the eli- tion: puters; gible provider may negotiate with the eligi- ‘‘(1) CORRECTIONAL INSTITUTION.—The term ‘‘(7) the activities provide instruction in ble agency in order to determine an adequate ‘correctional institution’ means any— real-life contexts, when appropriate and sci- level of funds to be used for noninstructional ‘‘(A) prison; entifically based, to ensure that an indi- purposes. ‘‘(B) jail; vidual has the skills needed to compete in ‘‘CHAPTER 4—GENERAL PROVISIONS ‘‘(C) reformatory; the workplace and exercise the rights and re- ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. ‘‘(D) work farm; sponsibilities of citizenship; ‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds ‘‘(E) detention center; or ‘‘(8) the activities are staffed by well- made available for adult basic skills and ‘‘(F) halfway house, community-based re- trained instructors, counselors, and adminis- family literacy education programs under habilitation center, or any other similar in- trators; this title shall supplement and not supplant stitution designed for the confinement or re- ‘‘(9) the activities are coordinated with other State or local public funds expended habilitation of criminal offenders. other available resources in the community, for adult basic skills and family literacy ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- such as through strong links with elemen- education programs. nal offender’ means any individual who is tary schools and secondary schools, postsec- ‘‘(b) MAINTENANCE OF EFFORT.— charged with, or convicted of, any criminal ondary educational institutions, one-stop ‘‘(1) IN GENERAL.— offense. centers, job training programs, community- ‘‘(A) DETERMINATION.—An eligible agency ‘‘CHAPTER 3—LOCAL PROVISIONS based and faith-based organizations, and so- may receive funds under this title for any ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- cial service agencies; fiscal year if the Secretary finds that the fis- BLE PROVIDERS. ‘‘(10) the activities offer flexible schedules cal effort per student or the aggregate ex- ‘‘(a) GRANTS AND CONTRACTS.—From grant and support services (such as child care and penditures of such eligible agency for activi- funds made available under section 211(b), transportation) that are necessary to enable ties under this title, in the second preceding each eligible agency shall award multiyear individuals, including individuals with dis- fiscal year, were not less than 90 percent of grants or contracts, on a competitive basis, abilities or other special needs, to attend and the fiscal effort per student or the aggregate to eligible providers within the State or out- complete programs; expenditures of such eligible agency for lying area that meet the conditions and re- ‘‘(11) the activities include a high-quality adult basic skills and family literacy edu- quirements of this title to enable the eligible information management system that has cation programs, in the third preceding fis- providers to develop, implement, and im- the capacity to report measurable partici- cal year. prove adult basic skills and family literacy pant outcomes and to monitor program per- ‘‘(B) PROPORTIONATE REDUCTION.—Subject education programs within the State. formance against the performance measures to paragraphs (2), (3), and (4), for any fiscal ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- established by the eligible agency; year with respect to which the Secretary de- cy shall require eligible providers receiving a ‘‘(12) the local communities have a dem- termines under subparagraph (A) that the grant or contract under subsection (a) to es- onstrated need for additional English lan- fiscal effort or the aggregate expenditures of tablish or operate one or more programs of guage acquisition programs; an eligible agency for the preceding program instruction that provide services or instruc- ‘‘(13) the capacity of the eligible provider year were less than such effort or expendi- tion in one or more of the following cat- to produce valid information on performance tures for the second preceding program year, egories: results, including enrollments and measur- the Secretary— ‘‘(1) Adult basic skills and family literacy able participant outcomes; ‘‘(i) shall determine the percentage de- education programs (including proficiency in ‘‘(14) adult basic skills and family literacy creases in such effort or in such expendi- reading, writing, speaking, and math). education programs offer rigorous reading, tures; and ‘‘(2) Workplace literacy programs. writing, speaking, and math content that are ‘‘(ii) shall decrease the payment made ‘‘(3) English language acquisition pro- based on scientific research; and under this title for such program year to the grams. ‘‘(15) applications of technology, and serv- agency for adult basic skills and family lit- ‘‘(4) Family literacy education programs. ices to be provided by the eligible providers, eracy education programs by the lesser of ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME are of sufficient intensity and duration to in- such percentages. PROCESS.—Each eligible agency receiving ‘‘(2) COMPUTATION.—In computing the fiscal funds under this title shall ensure that— crease the amount and quality of learning and lead to measurable learning gains within effort and aggregate expenditures under ‘‘(1) all eligible providers have direct and paragraph (1), the Secretary shall exclude specified time periods. equitable access to apply for grants or con- capital expenditures and special one-time ‘‘(e) SPECIAL RULE.—Eligible providers may tracts under this section; and use grant funds under this title to serve chil- project costs. ‘‘(2) the same grant or contract announce- dren participating in family literacy pro- ‘‘(3) DECREASE IN FEDERAL SUPPORT.—If the ment process and application process is used amount made available for adult basic skills grams assisted under this part, provided that for all eligible providers in the State or out- and family literacy education programs other sources of funds available to provide lying area. under this title for a fiscal year is less than similar services for such children are used ‘‘(d) MEASURABLE GOALS.—The eligible the amount made available for adult basic first. agency shall require eligible providers re- skills and family literacy education pro- ceiving a grant or contract under subsection ‘‘SEC. 232. LOCAL APPLICATION. grams under this title for the preceding fis- (a) to demonstrate— ‘‘Each eligible provider desiring a grant or cal year, then the fiscal effort per student ‘‘(1) the eligible provider’s measurable contract under this title shall submit an ap- and the aggregate expenditures of an eligible goals for participant outcomes to be plication to the eligible agency containing agency required in order to avoid a reduction achieved annually on the core indicators of such information and assurances as the eligi- under paragraph (1)(B) shall be decreased by performance and employment performance ble agency may require, including— the same percentage as the percentage de- indicators described in section 212(b)(2); ‘‘(1) a description of how funds awarded crease in the amount so made available. ‘‘(2) the past effectiveness of the eligible under this title will be spent consistent with ‘‘(4) WAIVER.—The Secretary may waive provider in improving the basic academic the requirements of this title; the requirements of this subsection for not skills of adults and, for eligible providers re- ‘‘(2) a description of any cooperative ar- more than 1 fiscal year, if the Secretary de- ceiving grants in the prior year, the success rangements the eligible provider has with termines that a waiver would be equitable of the eligible provider receiving funding other agencies, institutions, or organizations due to exceptional or uncontrollable cir- under this title in meeting or exceeding its for the delivery of adult basic skills and fam- cumstances, such as a natural disaster or an performance goals in the prior year; ily literacy education programs; and unforeseen and precipitous decline in the fi- ‘‘(3) the commitment of the eligible pro- ‘‘(3) each of the demonstrations required nancial resources of the State or outlying vider to serve individuals in the community by section 231(d). area of the eligible agency. If the Secretary who are the most in need of basic academic ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. grants a waiver under the preceding sentence skills instruction services, including individ- ‘‘(a) IN GENERAL.—Subject to subsection for a fiscal year, the level of effort required uals who are low-income or have minimal (b), of the amount that is made available under paragraph (1) shall not be reduced in reading, writing, speaking, and math skills, under this title to an eligible provider— the subsequent fiscal year because of the or limited English proficiency; ‘‘(1) at least 95 percent shall be expended waiver. ‘‘(4) the program— for carrying out adult basic skills and family ‘‘SEC. 242. NATIONAL LEADERSHIP ACTIVITIES. ‘‘(A) is of sufficient intensity and duration literacy education programs; and ‘‘The Secretary shall establish and carry for participants to achieve substantial learn- ‘‘(2) the remaining amount shall be used out a program of national leadership activi- ing gains; and for planning, administration, personnel and ties that may include the following: ‘‘(B) uses instructional practices that in- professional development, development of ‘‘(1) Technical assistance, on request, include the essential components of reading in- measurable goals in reading, writing, speak- cluding assistance— struction; ing, and math, and interagency coordination. ‘‘(A) on requests to volunteer community- ‘‘(5) educational practices are based on sci- ‘‘(b) SPECIAL RULE.—In cases where the and faith-based organizations, including but entifically based research; cost limits described in subsection (a) are not limited to, improving their fiscal man- ‘‘(6) the activities of the eligible provider too restrictive to allow for adequate plan- agement, research-based instruction, and re- effectively employ advances in technology, ning, administration, personnel develop- porting requirements, and the development

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7859 of measurable objectives to carry out the re- based reading research, and that can lead to (6) ensure that the Institute’s standards for quirements of this title; improved reading outcomes for children, research quality are consistent with those ‘‘(B) in developing valid, measurable, and youth, and adults; promulgated by the Institute for Education reliable performance data, and using per- (4) developing print and electronic mate- Sciences. formance information for the improvement rials that describe and model the application (b) OFFICES.—The Institute shall have sep- of adult basic skills and family literacy edu- of scientifically based reading research; arate offices from the Department of Edu- cation programs; (5) providing national and regional reading cation, the Department of Labor, and the De- ‘‘(C) on adult education professional devel- leadership for State and local personnel for partment of Health and Human Services, and opment; and the application and implementation of sci- shall have maximum flexibility in its oper- ‘‘(D) in using distance learning and im- entifically based reading research; ations to carry out the purposes of the Insti- proving the application of technology in the (6) coordinating efforts among Federal tute. classroom. agencies, especially the Department of (c) ADMINISTRATIVE SUPPORT.—The Sec- ‘‘(2) Providing for the conduct of research Labor, the Department of Health and Human retary of Education shall provide adminis- on national literacy basic skill acquisition Services, and the National Institute of Child trative support for the Institute, including levels among adults, including the number of Health and Human Development, that pro- the administration of grants, contracts and adults functioning at different levels of read- vide reading programs, conduct research, and cooperative agreements, personnel, legal ing proficiency. provide services to recipients of Federal fi- counsel, and payroll. ‘‘(3) Improving the coordination, effi- nancial assistance under titles I and III of SEC. 214. DUTIES. the Elementary and Secondary Education ciency, and effectiveness of adult education (a) IN GENERAL.—In order to provide lead- Act of 1965, the Head Start Act, the Individ- and workforce development services at the ership for the improvement and expansion of uals with Disabilities Education Act, and the national, State, and local levels. the system for delivery of scientifically Adult Basic Skills and Family Literacy Edu- ‘‘(4) Determining how participation in based reading instructional practices, the Di- cation Act, and each Bureau funded school adult basic skills and family literacy edu- rector of the Institute shall— (as defined in title XI of the Education cation programs prepares individuals for (1) establish a national electronic database Amendments of 1978 (25 U.S.C. 2001 et seq.)); entry into and success in postsecondary edu- of effective reading programs for children, cation and employment, and in the case of and (7) informing the Congress, Federal depart- youth, and adults that include the essential prison-based services, the effect on recidi- components of reading instruction, and dis- vism. ments and agencies, schools of education, and the public of successful local, State, and seminate such information to parents, teach- ‘‘(5) Evaluating how different types of pro- ers, State and Federal elected officials, and viders, including community and faith-based Federal program activities in reading instruction that are determined to be effective the public; organizations or private for-profit agencies (2) develop print and electronic materials measurably improve the skills of partici- based on the findings of scientifically based reading research. for professional development that provide pants in adult basic skills and family lit- applications of scientifically based reading SEC. 212. ESTABLISHMENT. eracy education programs. research, and instructional practices in read- (a) IN GENERAL.—There is established the ‘‘(6) Identifying model integrated basic and ing for children, youth, and adults; workplace skills education programs, coordi- National Institute for Literacy. The Insti- tute shall be administered, in accordance (3) provide technical assistance to the Con- nated literacy and employment services, and gress, school Boards, Federal agencies, State effective strategies for serving adults with with this part, under the supervision and direction of a Director. There shall be an departments of education, adult education disabilities. agreement between an Interagency Group programs, local school districts, local public ‘‘(7) Supporting the development of an en- (comprised of the Secretary of Education, and private schools, and schools of edu- tity that would produce and distribute tech- the Secretary of Labor, and the Secretary of cation, on scientifically based reading in- nology-based programs and materials for Health and Human Services) and the Insti- structional practices including diagnostic adult basic skills and family literacy edu- tute on how the purposes of the Institute and assessment instruments and instruc- cation programs using an intercommunica- may be achieved effectively. Such agree- tional materials; tion system, as that term is defined in sec- ment— (4) collaborate and support Federal re- tion 397 of the Communications Act of 1934 (1) shall be regularly reviewed, and modi- search programs in reading instruction, in- (47 U.S.C. 397), and expand the effective out- fied as needed to remain current with any cluding, where appropriate, those areas of reach and use of such programs and mate- changes in the purposes of the Institute; and study addressed by the National Institute of rials to adult education eligible providers. (2) shall be updated no later than 1 year Child Health and Human Development, the ‘‘(8) Initiating other activities designed to after the enactment of this part. Institute for Education Sciences, the Na- improve the measurable quality and effec- (b) DIRECTOR.— tional Science Foundation, the Department tiveness of adult basic skills and family lit- (1) APPOINTMENT.—The Interagency Group of Labor, and the National Research Council; eracy education programs nationwide.’’. shall appoint a Director of the Institute, who (5) coordinate with the Department of Edu- PART B—NATIONAL INSTITUTE FOR has an understanding of, supports, and is fa- cation, the Department of Labor, the Depart- LITERACY miliar with scientifically based reading re- ment of Health and Human Services, and the SEC. 211. SHORT TITLE; PURPOSE. search, instruction, and professional devel- National Institute of Child Health and (a) SHORT TITLE.—This part may be cited opment applicable to children, youth, and Human Development on all programs that as the ‘‘National Institute for Literacy Es- adults. If a vacancy in the position of the Di- include improving reading instructional tablishment Act’’. rector of the Institute occurs, the Inter- practices for children, youth, and adults, and (b) PURPOSE.—The purpose of this part is to agency Group shall appoint an Interim Di- teacher training in reading instructional establish a National Institute for Literacy to rector until such time as a new Director can practices; provide national leadership in promoting be appointed. (6) use and support the collection of the reading research, reading instruction, and (2) PAY.—The Director of the Institute best possible information in carrying out professional development in reading based on shall receive the rate of basic pay for level this section, and where appropriate, includ- scientifically based research by— IV of the Executive Schedule. ing reviews of research on instruction using (1) disseminating widely information on (3) TERM.—The Director of the Institute the criteria for quality identified by the In- scientifically based reading research to im- shall be appointed for an initial term of 3 stitute for Education Sciences; prove academic achievement for children, years and may serve not more than 1 addi- (7) conduct reviews of research, including youth, and adults; tional term of 3 years. randomized field trials, on reading programs, (2) identifying and disseminating informa- SEC. 213. ADMINISTRATION. and conduct reviews of Federal reading poli- tion about schools, local educational agen- (a) IN GENERAL.—The Director of the Insti- cies and reading program implementation cies, and State educational agencies that tute shall be responsible for administering using a board of visitors as described in sub- have effectively developed and implemented the Institute. The Director of the Institute chapter 300 of the National Science Founda- classroom reading programs that meet the shall— tion Administrative Manual; and requirements of subpart 1 of part B of title I (1) provide leadership for the Institute, (8) develop an Internet site that provides of the Elementary and Secondary Education consistent with the purposes described in useful information to educators and the pub- Act of 1965 (20 U.S.C. 6361 et seq.), including section 211(b); lic on reading literacy that is consistent those State educational agencies, local edu- (2) supervise all employees in the Institute; with the purposes described in section 211(b). cational agencies, and schools that are iden- (3) assign responsibility to carry out the (b) GRANTS, CONTRACTS, AND COOPERATIVE tified as effective through the External Eval- duties of the Institute among officers ad em- AGREEMENTS.—The Institute may award uation of Reading First under section 1205 of ployees, and offices of the Institute; grants to, or enter into contracts or coopera- the Elementary and Secondary Education (4) prepare requests for appropriations for tive agreements with, individuals, public or Act of 1965 (20 U.S.C. 6365); the Institute and submit those requests to private institutions, agencies, organizations, (3) serving as a national resource for infor- the Interagency Group; or other legal entities to carry out the ac- mation on reading instruction programs that (5) oversee the expenditure of all funds al- tivities of the Institute. contain the essential components of reading located for the Institute to carry out the (c) RELATION TO OTHER LAWS.—The duties instruction as supported by scientifically purposes under section 211(b); and and powers of the Institute under this part

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A mem- (3) the term ‘‘Interagency Group’’ means grams, respectively). ber may serve after the expiration of that the Secretary of Education, the Secretary of SEC. 215. LEADERSHIP IN SCIENTIFICALLY member’s term until a successor has taken Labor, and the Secretary of Health and BASED READING INSTRUCTION. office. Human Services; (a) IN GENERAL.—The Director of the Insti- (e) QUORUM.—A majority of the members of (4) the term ‘‘literacy’’ means the ability tute may award fellowships, with such sti- the Board shall constitute a quorum, but a to read, write, and speak the English lan- pends and allowances as necessary, to out- lesser number may hold hearings. Any rec- guage with competence, knowledge, and standing individuals who are pursuing ca- ommendation of the Board may be passed comprehension; and reers in scientifically based research in read- only by a majority of the Board members (5) the terms ‘‘reading’’, ‘‘scientifically ing instruction or pre-service or in-service present. based reading research’’, and ‘‘essential com- training in reading instruction, including (f) ELECTION OF OFFICERS.—The Chair- ponents of reading instruction’’ have the teaching children and adults to read. person and Vice Chairperson of the Board meanings given those terms in section 1208 of shall be elected by the members of the (b) FELLOWSHIPS.—Fellowships awarded part B of title I of the Elementary and Sec- under this subsection shall be used, under Board. The term of office of the Chairperson ondary Education Act of 1965 (20 U.S.C. 6368). the auspices of the Institute, to engage in re- and Vice Chairperson shall be 2 years. SEC. 223. AUTHORIZATION OF APPROPRIATIONS. (g) MEETINGS.—The Board shall meet at search, education training, technical assist- There are authorized to be appropriated to the call of the Chairperson, or a majority of ance, or other activities to advance the field administer and carry out this part $6,700,000 the members of the Board, but not less than for fiscal year 2004 and such sums as may be of scientifically based reading instruction quarterly. for children, youth, and adults, including the necessary for each of the 5 succeeding fiscal SEC. 217. GIFTS, BEQUESTS, AND DEVISES. training of volunteers in such reading skills years. (a) IN GENERAL.—The Institute may accept, instruction. SEC. 224. RESERVATION. administer, and use gifts or donations of (c) INTERNS AND VOLUNTEERS.—The Direc- From amounts appropriated to the Insti- services, money, or property, whether real or tor of the Institute may award paid and un- tute, the Director of the Institute may use personal, tangible or intangible. not more than 5 percent of such amounts for paid internships to individuals seeking to as- ULES.—The Director of the Institute (b) R the administration of information dissemi- sist the Institute in carrying out its mission. shall establish written rules setting forth nation under section 1207 of the Elementary Notwithstanding section 1342 of title 31, the criteria to be used by the Institute in de- and Secondary Education Act of 1965 (20 United States Code, the Institute may accept termining whether the acceptance of con- U.S.C. 6367). and use voluntary and uncompensated serv- tributions of services, money, or property ices as the Institute deems necessary. whether real or personal, tangible or intan- SEC. 225. AUTHORITY TO PUBLISH. The Institute, including the Board, may SEC. 216. NATIONAL INSTITUTE FOR LITERACY gible, would reflect unfavorably upon the prepare, publish, and present (including ADVISORY BOARD. ability of the Institute or any employee to through oral presentations) such research- (a) ESTABLISHMENT.— carry out the responsibilities of the Institute based information and research reports as (1) IN GENERAL.—There shall be a National or employee, or official duties, in a fair and needed to carry out the purposes and mission Institute for Literacy Advisory Board, which objective manner, or would compromise the of the Institute. shall consist of 10 individuals appointed by integrity or the appearance of the integrity the President with the advice and consent of of the Institute’s programs or any official in- PART C—GENERAL PROVISIONS the Senate. volved in those programs. SEC. 241. TRANSITION. (2) COMPOSITION.—The Board shall be com- SEC. 218. MAILS. The Secretary shall take such actions as prised of individuals who are not otherwise The Board and the Institute may use the the Secretary determines to be appropriate officers or employees of the Federal Govern- United States mails in the same manner and to provide for the orderly implementation of ment and who are knowledgeable about sci- under the same conditions as other depart- this title. entifically based reading instruction, and the ments and agencies of the United States. TITLE III—AMENDMENTS TO THE findings of scientifically based reading re- SEC. 219. APPLICABILITY OF CERTAIN CIVIL WAGNER-PEYSER ACT search. The members of the Board may in- SERVICE LAWS. SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER clude— The Director of the Institute and the staff ACT. (A) representatives from teacher training of the Institute may be appointed without The Wagner-Peyser Act (29 U.S.C. 49 et. institutions where scientifically based read- regard to the provisions of title 5, United seq.) is amended— ing instruction is a major component of pre- States Code, governing appointments in the (1) by striking sections 1 through 13; service training; competitive service, and may be paid with- (2) in section 14 by inserting ‘‘of Labor’’ (B) teachers who have been successful in out regard to the provisions of chapter 51 and after ‘‘Secretary’’; and teaching children to read proficiently; subchapter III of chapter 53 of that title re- (3) by amending section 15 to read as fol- (C) members of the business community lating to classification and General Schedule lows: who have developed successful employee pay rates, except that an individual so ap- ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- reading instruction programs; pointed may not receive pay in excess of the FORMATION SYSTEM. (D) volunteer tutors in reading who are annual rate of basic pay payable for level IV ‘‘(a) SYSTEM CONTENT.— using scientifically based reading instruc- of the Executive Schedule. ‘‘(1) IN GENERAL.—The Secretary of Labor, tion; SEC. 220. EXPERTS AND CONSULTANTS. in accordance with the provisions of this sec- (E) reading researchers who have con- The Institute may procure temporary and tion, shall oversee the development, mainte- ducted scientifically based research; and intermittent services under section 3109(b) of nance, and continuous improvement of a na- (F) other qualified individuals knowledge- title 5, United States Code. tionwide workforce and labor market infor- able about scientifically based reading in- SEC. 221. REPORT. mation system that includes— struction, including adult education. (a) IN GENERAL.—The Institute shall sub- ‘‘(A) statistical data from cooperative sta- (b) DUTIES.—The Board shall— mit a biennial report to the Committee on tistical survey and projection programs and (1) provide advice to the Director of the In- Education and the Workforce of the House of data from administrative reporting systems stitute to ensure that the purposes of the In- Representatives and the Committee on that, taken together, enumerate, estimate, stitute under section 211 are carried out ef- Health, Education, Labor, and Pensions of and project employment opportunities and fectively; and the Senate. Each report submitted under conditions at national, State, and local lev- (2) approve the annual report to the Con- this section shall include— els in a timely manner, including statistics gress; (1) a comprehensive and detailed descrip- on— (c) FEDERAL ADVISORY COMMITTEE ACT.— tion of the Institute’s operations, activities, ‘‘(i) employment and unemployment status Except as otherwise provided in this part, financial condition, and accomplishments in of national, State, and local populations, in- the Board established by this section shall be carrying out the purposes of the Institute as cluding self-employed, part-time, and sea- subject to the provisions of the Federal Advi- specified in section 211, for the period cov- sonal workers; sory Committee Act (5 U.S.C. App.). ered by the report; and ‘‘(ii) industrial distribution of occupations, (d) APPOINTMENTS.— (2) a summary description of how the Insti- as well as current and projected employment (1) IN GENERAL.—Each member of the Board tute will advance the purposes of the Insti- opportunities, wages, benefits (where data is shall be appointed for a term of 3 years, ex- tute for the next biennium. available), and skill trends by occupation cept that the initial terms for members may (b) FIRST REPORT.—The Institute shall sub- and industry, with particular attention paid be 1, 2, or 3 years in order to establish a rota- mit a report under this section not later to State and local conditions; tion, in which 1⁄3 of the members are selected than 1 year after the date of enactment of ‘‘(iii) the incidence of, industrial and geo- each year. Any such member may be ap- this part. graphical location of, and number of workers

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displaced by, permanent layoffs and plant ‘‘(C) RULE OF CONSTRUCTION.—Nothing in filiated with State agencies that perform the closings; and this section shall be construed to provide im- duties described in subsection (e)(2). ‘‘(iv) employment and earnings informa- munity from the legal process for such sub- ‘‘(e) STATE RESPONSIBILITIES.— tion maintained in a longitudinal manner to mission (including any data derived from the ‘‘(1) DESIGNATION OF STATE AGENCY.—In submission) if the submission is in the pos- be used for research and program evaluation; order to receive Federal financial assistance ‘‘(B) information on State and local em- session of any person, agency, or entity under this section, the Governor of a State ployment opportunities, and other appro- other than the Federal Government or an of- shall— priate statistical data related to labor mar- ficer, employee, agent, or contractor of the ‘‘(A) designate a single State agency to be ket dynamics, which— Federal Government, or if the submission is responsible for the management of the por- ‘‘(i) shall be current and comprehensive; independently collected, retained, or pro- tions of the workforce and labor market in- ‘‘(ii) shall meet the needs identified duced for purposes other than the purposes formation system described in subsection (a) through the consultations described in sub- of this Act. that comprise a statewide workforce and paragraphs (A) and (B) of subsection (e)(2); ‘‘(b) SYSTEM RESPONSIBILITIES.— labor market information system and for the and ‘‘(1) IN GENERAL.—The workforce and labor State’s participation in the development of ‘‘(iii) shall meet the needs for the informa- market information system described in sub- the annual plan; and tion identified in section 134(d); section (a) shall be planned, administered, ‘‘(B) establish a process for the oversight of ‘‘(C) technical standards (which the Sec- overseen, and evaluated through a coopera- retary shall publish annually) for data and tive governance structure involving the Fed- such system. information described in subparagraphs (A) eral Government and States. ‘‘(2) DUTIES.—In order to receive Federal fi- and (B) that, at a minimum, meet the cri- ‘‘(2) DUTIES.—The Secretary, with respect nancial assistance under this section, the teria of chapter 35 of title 44, United States to data collection, analysis, and dissemina- State agency shall— Code; tion of labor employment statistics for the ‘‘(A) consult with State and local employ- ‘‘(D) procedures to ensure compatibility system, shall carry out the following duties: ers, participants, and local workforce invest- and additivity of the data and information ‘‘(A) Assign responsibilities within the De- ment boards about the labor market rel- described in subparagraphs (A) and (B) from partment of Labor for elements of the work- evance of the data to be collected and dis- national, State, and local levels; force and labor market information system seminated through the statewide workforce ‘‘(E) procedures to support standardization described in subsection (a) to ensure that all and labor market information system; and aggregation of data from administrative statistical and administrative data collected ‘‘(B) consult with State educational agen- reporting systems described in subparagraph is consistent with appropriate Bureau of cies and local educational agencies con- (A) of employment-related programs; Labor Statistics standards and definitions. cerning the provision of employment statis- ‘‘(F) analysis of data and information de- ‘‘(B) Actively seek the cooperation of other tics in order to meet the needs of secondary scribed in subparagraphs (A) and (B) for uses Federal agencies to establish and maintain school and postsecondary school students such as— mechanisms for ensuring complementarity who seek such information; ‘‘(i) national, State, and local policy- and nonduplication in the development and ‘‘(C) collect and disseminate for the sys- making; operation of statistical and administrative tem, on behalf of the State and localities in ‘‘(ii) implementation of Federal policies data collection activities. the State, the information and data de- (including allocation formulas); ‘‘(C) Eliminate gaps and duplication in sta- scribed in subparagraphs (A) and (B) of sub- ‘‘(iii) program planning and evaluation; tistical undertakings, with the section (a)(1); and systemization of wage surveys as an early ‘‘(D) maintain and continuously improve ‘‘(iv) researching labor market dynamics; priority. the statewide workforce and labor market ‘‘(G) wide dissemination of such data, in- ‘‘(D) In collaboration with the Bureau of information system in accordance with this formation, and analysis in a user-friendly Labor Statistics and States, develop and section; manner and voluntary technical standards maintain the elements of the workforce and ‘‘(E) perform contract and grant respon- for dissemination mechanisms; and labor market information system described sibilities for data collection, analysis, and ‘‘(H) programs of— in subsection (a), including the development dissemination for such system; ‘‘(i) training for effective data dissemina- of consistent procedures and definitions for ‘‘(F) conduct such other data collection, tion; use by the States in collecting the data and analysis, and dissemination activities as will ‘‘(ii) research and demonstration; and information described in subparagraphs (A) ensure an effective statewide workforce and ‘‘(iii) programs and technical assistance. and (B) of subsection (a)(1). labor market information system; ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— ‘‘(E) Establish procedures for the system to ‘‘(G) actively seek the participation of ensure that— ‘‘(A) IN GENERAL.—No officer or employee other State and local agencies in data collec- ‘‘(i) such data and information are timely; of the Federal Government or agent of the tion, analysis, and dissemination activities ‘‘(ii) paperwork and reporting for the sys- Federal Government may— in order to ensure complementarity, compat- tem are reduced to a minimum; and ‘‘(i) use any submission that is furnished ibility, and usefulness of data; ‘‘(iii) States and localities are fully infor exclusively statistical purposes under the ‘‘(H) participate in the development of the volved in the development and continuous provisions of this section for any purpose annual plan described in subsection (c); and improvement of the system at all levels, in- other than the statistical purposes for which ‘‘(I) utilize the quarterly records described cluding ensuring the provision, to such the submission is furnished; in section 136(f )(2) of the Workforce Invest- States and localities, of budget information ‘‘(ii) make any publication or media trans- ment Act of 1998 to assist the State and necessary for carrying out their responsibil- mittal of the data contained in the submis- other States in measuring State progress on ities under subsection (e). sion described in clause (i) that permits in- State performance measures. formation concerning individual subjects to ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in VIDE SERVICES.—The Secretary is authorized be reasonably inferred by either direct or in- this section shall be construed as limiting direct means; or to assist in the development of national elec- the ability of a State agency to conduct ad- ‘‘(iii) permit anyone other than a sworn of- tronic tools that may be used to facilitate ditional data collection, analysis, and dis- ficer, employee, or agent of any Federal de- the delivery of core services described in sec- semination activities with State funds or partment or agency, or a contractor (includ- tion 134 and to provide workforce informa- with Federal funds from sources other than ing an employee of a contractor) of such de- tion to individuals through the one-stop de- this section. partment or agency, to examine an indi- livery systems descried in section 121 and vidual submission described in clause (i); through other appropriate delivery systems. ‘‘(f) NONDUPLICATION REQUIREMENT.—None without the consent of the individual, agen- ‘‘(d) COORDINATION WITH THE STATES.— of the functions and activities carried out cy, or other person who is the subject of the ‘‘(1) IN GENERAL.—The Secretary, working pursuant to this section shall duplicate the submission or provides that submission. through the Bureau of Labor Statistics and functions and activities carried out under ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any the Employment and Training Administra- the Carl D. Perkins Vocational and Applied submission (including any data derived from tion, shall regularly consult with representa- Technology Education Act (20 U.S.C. 2301 et the submission) that is collected and re- tives of State agencies carrying out work- seq.). tained by a Federal department or agency, or force information activities regarding strat- an officer, employee, agent, or contractor of egies for improving the workforce and labor ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— such a department or agency, for exclusively market information system. There are authorized to be appropriated to statistical purposes under this section shall ‘‘(2) FORMAL CONSULTATIONS.—At least carry out this section such sums as may be be immune from the legal process and shall twice each year, the Secretary, working necessary for each of the fiscal years 2004 not, without the consent of the individual, through the Bureau of Labor Statistics, shall through 2009. agency, or other person who is the subject of conduct formal consultations regarding pro- the submission or provides that submission, grams carried out by the Bureau of Labor ‘‘(h) DEFINITION.—In this section, the term be admitted as evidence or used for any pur- Statistics with representatives of each of the ‘local area’ means the smallest geographical pose in any action, suit, or other judicial or 10 Federal regions of the Department of area for which data can be produced with administrative proceeding. Labor, elected from the State directors af- statistical reliability.’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7862 CONGRESSIONAL RECORD — SENATE July 8, 2004 TITLE IV—AMENDMENTS TO THE (2) in section 100(d)(1)(B) by striking ‘‘fis- ing has been scheduled before the Sub- REHABILITATION ACT OF 1973 cal year 2003’’ and inserting ‘‘fiscal year committee on National Parks of the SEC. 401. CHAIRPERSON. 2009’’; Committee on Energy and Natural Re- Section 705(b)(5) of the Rehabilitation Act (3) in section 110(c) by amending paragraph sources. The purpose of this hearing is (2) to read as follows: of 1973 (29 U.S.C. 796d(b)(5)) is amended to to conduct oversight on the implemen- read as follows: ‘‘(2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not tation of the National Parks Air Tour ‘‘(5) CHAIRPERSON.—The Council shall se- less than 1 percent and not more than 1.5 Management Act of 2000, Public Law lect a chairperson from among the voting 106–181. membership of the Council.’’. percent of the amount referred to in paragraph (1) for each of fiscal years 2003 through The hearing will take place on Thurs- SEC. 402. REHABILITATION SERVICES ADMINIS- 2009.’’; TRATION. day July 22, 2004 at 2:30 p.m. in room (4) in section 112(h) by striking ‘‘fiscal Section 3(a) of the Rehabilitation Act of SD–366 of the Dirksen Senate Office years 1999 through 2003’’ and inserting ‘‘fiscal 1973 (29 U.S.C. 702(a)) is amended— Building in Washington, DC. years 2004 through 2009’’; (1) by striking ‘‘Office of the Secretary’’ Because of the limited time available (5) in section 201(a) by striking ‘‘fiscal and inserting ‘‘Department of Education’’; for the hearing, witnesses may testify years 1999 through 2003’’ each place it ap- (2) by striking ‘‘President by and with the by invitation only. However, those pears and inserting ‘‘fiscal years 2004 advice and consent of the Senate’’ and in- through 2009’’; wishing to submit written testimony serting ‘‘Secretary, except that the current (6) in section 302(i) by striking ‘‘fiscal for the hearing record should send two Commissioner appointed under the authority years 1999 through 2003’’ and inserting ‘‘fiscal copies of their testimony to the Com- existing on the day prior to the date of en- years 2004 through 2009’’; mittee on Energy and Natural Re- actment of this Act may continue to serve in (7) in section 303(e) by striking ‘‘fiscal sources, United States Senate, SD–364 the former capacity’’; and years 1999 through 2003’’ and inserting ‘‘fiscal (3) by striking ‘‘, and the Commissioner Dirksen Senate Office Building, Wash- years 2004 through 2009’’; shall be the principal officer,’’. ington, DC 20510–6150. (8) in section 304(b) by striking ‘‘fiscal SEC. 403. DIRECTOR. For further information, please con- years 1999 through 2003’’ and inserting ‘‘fiscal tact: Tom Lillie at (202) 224–5161 or (a) IN GENERAL.—The Rehabilitation Act of years 2004 through 2009’’; 1973 (29 U.S.C. 701 et seq.) is amended by (9) in section 305(b) by striking ‘‘fiscal Sarah Creachbaum at (202) 224–6293. striking ‘‘Commissioner’’ each place it ap- years 1999 through 2003’’ and insert ‘‘fiscal f pears, except in section 21, and inserting years 2004 through 2009’’; ‘‘Director’’. AUTHORITY FOR COMMITTEES TO (10) in section 405 by striking ‘‘fiscal years MEET (b) EXCEPTION.—Section 21 of the Rehabili- 1999 through 2003’’ and inserting ‘‘fiscal years tation Act of 1973 (29 U.S.C. 718) is amended— 2004 through 2009’’; COMMITTEE ON ARMED SERVICES (1) in subsection (b)(1)— (11) in section 502(j) by striking ‘‘fiscal Mr. SMITH. Mr. President, I ask (A) by striking ‘‘Commissioner’’ the first years 1999 through 2003’’ and inserting ‘‘fiscal unanimous consent that the committee place it appears and inserting ‘‘Director of years 2004 through 2009’’; on Armed Services be authorized to the Rehabilitation Services Administra- (12) in section 509(l) by striking ‘‘fiscal tion’’; and meet during the session of the Senate years 1999 through 2003’’ and inserting ‘‘fiscal on July 8, 2004, at 10 a.m., in open ses- (B) by striking ‘‘(referred to in this sub- years 2004 through 2009’’; section as the ‘Director’) ’’; and (13) in section 612 by striking ‘‘fiscal years sion to consider the following nomina- (2) by striking ‘‘Commissioner and the Di- 1999 through 2003’’ and inserting ‘‘fiscal years tions: Admiral Vernon E. Clark, USN, rector’’ each place it appears and inserting 2004 through 2009’’; for reappointment to the grade of Ad- ‘‘both such Directors’’. (14) in section 628 by striking ‘‘fiscal years miral and to be chief of Naval Oper- SEC. 404. STATE GOALS. 1999 through 2003’’ and inserting ‘‘fiscal years ations; and Lieutenant General James Section 101(a) of the Rehabilitation Act of 2004 through 2009’’; E. Cartwright, USMC, for appointment 1973 (29 U.S.C. 721(a)) is amended— (15) in section 714 by striking ‘‘fiscal years to the grade of General and to be Com- (1) in paragraph (11)(D)(i) by inserting ‘‘, 1999 through 2003’’ and inserting ‘‘fiscal years mander, United States Strategic Com- 2004 through 2009’’; which may be provided using alternative mand. means of meeting participation (such as (16) in section 727 by striking ‘‘fiscal years video conferences and conference calls)’’ be- 1999 through 2003’’ and inserting ‘‘fiscal years COMMITTEE ON COMMERCE, SCIENCE, AND fore the semicolon; and 2004 through 2009’’; and TRANSPORTATION (2) in paragraph (15)— (17) in section 753 by striking ‘‘fiscal years Mr. SMITH. Mr. President, I ask (A) in subparagraph (A), by redesignating 1999 through 2003’’ and inserting ‘‘fiscal years unanimous consent that the Com- clauses (ii) and (iii) as clauses (iii) and (iv), 2004 through 2009’’. mittee on Commerce, Science, and respectively, and inserting after clause (i) SEC. 406. HELEN KELLER NATIONAL CENTER Transportation be authorized to meet the following: ACT. on Thursday, July 8, 2004, at 9:30 a.m. ‘‘(ii) include an assessment of the transi- (a) GENERAL AUTHORIZATION OF APPROPRIA- on S. 2411—Assistance to Firefighters tion services provided under this Act, and co- TIONS.—The first sentence of section 205(a) of Act of 2004. ordinated with transition services under the the Helen Keller National Center Act (29 COMMITTEE ON THE JUDICIARY Individuals with Disabilities Education Act, U.S.C. 1904(a)) is amended by striking ‘‘1999 as to those services meeting the needs of in- through 2003’’ and inserting ‘‘2004 through Mr. SMITH. Mr. President, I ask dividuals with disabilities.’’; and 2009’’. unanimous consent that the Com- (B) by amending subparagraph (D)(i) to (b) HELEN KELLER NATIONAL CENTER FED- mittee on the Judiciary be authorized read as follows: ERAL ENDOWMENT FUND.—The first sentence to meet to conduct a markup on Thurs- ‘‘(i) the methods to be used to expand and of section 208(h) of such Act (29 U.S.C. day, July 8, 2004, at 9:30 a.m. in Dirksen improve the services to individuals with dis- 1907(h)) is amended by striking ‘‘1999 through Senate Building Room 226. abilities including— 2003’’ and inserting ‘‘2004 through 2009’’. ‘‘(I) how a broad range of assistive tech- TITLE V—TRANSITION AND EFFECTIVE Agenda: nology services and assistive technology de- DATE I. Nominations: Claude A. Allen to be vices will be provided to such individuals at SEC. 501. TRANSITION PROVISIONS. U.S. Circuit Judge for the Fourth Cir- each stage of the rehabilitative process and The Secretary of Labor shall take such ac- cuit, Michael H. Watson to be U.S. Dis- how such services and devices will be pro- tions as the Secretary determines to be ap- vided to such individuals on a statewide trict Judge for the Southern District of propriate to provide for the orderly imple- Ohio, David W. McKeague to be United basis; and mentation of this division. States Circuit Judge for the Sixth Cir- ‘‘(II) how transition services will be better SEC. 502. EFFECTIVE DATE. coordinated with those services under the In- Except as otherwise provided in this divi- cuit, Richard A. Griffin to be United dividuals with Disabilities Education Act in sion, this division and the amendments made States Circuit Judge for the Sixth Cir- order to improve transition services for indi- by this division, shall take effect on the date cuit, Virginia Maria Hernandez Cov- viduals with disabilities served under this of enactment of this division. ington to be United States District Act;’’. f Judge for the Middle District of Flor- SEC. 405. AUTHORIZATIONS OF APPROPRIA- ida. TIONS. NOTICES OF HEARINGS/MEETINGS II. Legislation: S. 1635, L–1 Visa The Rehabilitation Act of 1973 is further SUBCOMMITTEE ON NATIONAL PARKS amended— (Intracompany Transferee) Reform Act (1) in section 100(b)(1) by striking ‘‘fiscal Mr. THOMAS. Mr. President, I would of 2003, Chambliss, S.J. Res. 4, Pro- years 1999 through 2003’’ and inserting ‘‘fiscal like to announce for the information of posing an amendment to the Constitu- years 2004 through 2009’’; the Senate and the public that a hear- tion of the United States authorizing

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7863 Congress to prohibit the physical dese- group of harmed people across States tunity for the minority to offer some cration of the flag of the United States or across the country so they can have reasonable number of nongermane Act of 2003, Hatch, Feinstein, Craig, their day in court. We are looking for amendments. Sessions, DeWine, Grassley, Graham, a way to make sure the companies that I have said so many times to our Cornyn, Chambliss, Specter, Kyl, S. harmed those people are held account- friends on the other side of the aisle, 1700, Advancing Justice through DNA able and know they are going to face a when you bring the bill to the Senate Technology Act of 2003, Hatch, Biden, serious financial consequence if they floor, think of it as a bottle of wine we Specter, Leahy, DeWine, Feinstein, do something untoward or just wrong are opening. We are popping the cork Kennedy, Schumer, Durbin, Kohl, with respect to their products or serv- and letting it breathe for a while. Edwards, S. 2396, Federal Courts Im- ices which they provide. Maybe set aside a week and give us a provement Act of 2004, Hatch, Leahy, Today we were not able to proceed to week to debate the bill itself, relevant Chambliss, Durbin, Schumer. the bill and have the opportunity to amendments and a reasonable number THE PRESIDING OFFICER. Without offer amendments which are germane, of nongermane amendments. objection, it is so ordered. pertinent to the bill, relevant to the If it becomes clear after several days SUBCOMMITTEE ON FINANCIAL MANAGEMENT, bill, or those which maybe were not. or a week that our side is being dila- THE BUDGET, AND INTERNATIONAL SECURITY My colleague who is presiding has tory, if it becomes clear our side is Mr. SMITH. Mr. President, I ask been here for a year and half or so. I simply not interested in passing the unanimous consent that the Com- know these are issues he has worked on bill, they are just playing games, those mittee on Governmental Affairs’ Sub- a lot in those 18 months. This class ac- Democrats who support a bill will sup- committee on Financial Management, tion reform is probably an issue on port an effort to close off debate and to the Budget, and International Security which he has spent the most time. force a final vote on the bill. be authorized to meet on Thursday, As we leave here tonight with this For the life of me, after saying re- July 8, 2004 at 10:30 a.m. for a hearing business unfinished, I am deeply dis- peatedly since January that the one entitled, ‘‘Oversight Hearing on the appointed. We come to the end of a way to kill the bill is to bring it to the Federal Government’s 2003 Financial chapter, not the end of the book. We Senate in a way that stymies debate Statement: Improving Accountability have to turn a page and figure out how and closes off amendments that might of American Taxpayers’ Dollars.’’ to go forward. be nongermane, the very first thing out THE PRESIDING OFFICER. Without Our system of justice is out of of the box presented was a cloture mo- objection, it is so ordered. whack. It is out of balance. The trag- tion and a move to fill the amendment edy of it all is we had a very good legis- tree so our side is precluded from offer- f lative product here to debate and fix. ing amendments, except for those that PRIVILEGES OF THE FLOOR The system worked the way it was sup- are germane, I don’t understand it. posed to. We had hearings, I think as In the words of a colleague on our Mr. HARKIN. Mr. President, I ask many as 10, on this issue and how to fix side who is opposed to the bill, the only unanimous consent that privilege of it. The committees of jurisdiction held way those who are opposed to the bill the floor be granted to Sam Kang and hearings in the House and in the Sen- could have won was by bringing the bill Ryan Ball for the duration of today’s ate. The committees of jurisdiction to the Senate today, invoking cloture, session. had a chance to actually debate and and inflaming Democratic opposition The PRESIDING OFFICER. Without vote on the bills and to amend them. to the bill, united Democratic opposi- objection, it is so ordered. They had the opportunity to report tion to the bill. Mr. SMITH. Mr. President, I ask those bills out. The House debated this There are at least a dozen or more on unanimous consent that two of my in- on the floor. In the Senate, we had the this side who very much want to pass terns, Evan Mueller and Dana Dryer, opportunity. In the Senate, we fell one class action legislation this year. God be granted the privilege of the floor vote short of bringing the bill to the knows I do, and I know people on both during this discussion. Senate floor last fall. We had the op- sides have worked to get us to this The PRESIDING OFFICER. Without portunity coming out of that dis- point. For the life of me, I do not un- objection, it is so ordered. appointing vote to go back to make the derstand why we could not open that Mr. REID. Mr. President, I ask unan- bill even better and to bring a truly bi- bottle of wine, let it breathe for a imous consent that Jessica Segall from partisan bill to the floor of the Senate while, debate the amendments, ger- the Office of Senator CHRIS DODD be which would be supported by a Repub- mane and nongermane. If it became granted floor privileges during the Sen- lican majority and with a good deal of clear we were wasting our time and ate consideration of the Class Action Democratic support. people were playing games, we could Fairness Act of 2004. Given that 65 Members in the Senate have cut it off, but do not do it right The PRESIDING OFFICER. Without were prepared to vote for it, to go out of the box. objection, it is so ordered. home tonight not having had a chance I leave here bewildered and, frankly, Mr. CARPER. Mr. President, I would to actually vote for amendments, rel- more than a little bit disappointed. I like to be recognized for 10 minutes. evant amendments and nonrelevant say to those folks around the country The PRESIDING OFFICER. The Sen- amendments, is very disappointing. I who are as disappointed as I am, and ator from Delaware is recognized. am not going to get into assigning others who support the bill, I am not f blame. There is probably enough on one who gives up easily. both sides. Some of my colleagues hear me talk CLASS ACTION REFORM I said to the press in an earlier inter- about my four core values that we Mr. CARPER. Mr. President, we just view that this week in the Senate re- built an administration on when I was concluded a vote and a very dis- minds me of maybe a new television re- Governor of Delaware and which I appointing chapter in our effort to reality show, a dysfunctional family. It brought with me and I try to use them form the way part of our legal system is not pretty to watch or, frankly, to be here with my legislative initiatives. works in this country. a part of. One, figure out the right thing to do We have debated for the last several When I came here, I wanted to fix and do it. I am convinced changing this days how we might change the current things and right wrongs. I know most part of our legal system is the right system where people have been harmed of us came here with that in mind. This thing to do. by goods or services provided for their is a wrong that needs to be made right. The second core value is to commit use by some company and did not get We had a great opportunity in this bill to excellence in everything we do. By what they should have—they have been to do that. golly, I know we can do better than the shortchanged or maybe even exposed to I leave here tonight bewildered, in a status quo with respect to this aspect a dangerous product or harmed by it in sense. One sure way to stymie a bill of our legal system. some way—and how we might make and stop progress on it this week was My third core value is the Golden sure they are made whole and that we to bring the bill to the floor of the Sen- Rule: treat other people the way I want have the opportunity to assemble that ate in a way that closed off the oppor- to be treated. When consumers are

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7864 CONGRESSIONAL RECORD — SENATE July 8, 2004 harmed, they ought to be compensated. IN THE MARINE CORPS tive Americans range from 1.5 to 3 times the When companies misbehave, they The following named officer for appoint- national average for other groups, with ought to have to pay damages. It is ment in the United States Marine Corps to young people ages 15 to 34 making up 64 per- that simple. The way our system runs the grade indicated while assigned to a posi- cent of all suicides. today is wrong. It is wrong for con- tion of importance and responsibility under (8) Congress has recognized that youth suicide is a public health tragedy linked to un- sumers and, frankly, it is wrong for title 10, U.S.C., section 601: To be general derlying mental health problems and that companies, in many cases. It is a wrong youth suicide early intervention and preven- Lt. Gen. James E. Cartwright that needs to be righted. tion activities are national priorities. My fourth core value is don’t give up. f (9) Youth suicide early intervention and I am not one who ever gives up. I, for prevention have been listed as urgent public LEGISLATIVE SESSION sure, am not going to give up. health priorities by the President’s New While I go home disappointed, I will The PRESIDING OFFICER. The Sen- Freedom Commission in Mental Health come back next week committed to do ate will return to legislative session. (2002), the Institute of Medicine’s Reducing Suicide: A National Imperative (2002), the whatever we can this year to pass this f bill and get it signed into law. National Strategy for Suicide Prevention: GARRETT LEE SMITH MEMORIAL Goals and Objectives for Action (2001), and I yield the floor and suggest the ab- ACT the Surgeon General’s Call to Action To Pre- sence of a quorum. vent Suicide (1999). The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask (10) Many States have already developed clerk will call the roll. unanimous consent that the Senate comprehensive Statewide youth suicide The assistant legislative clerk pro- proceed to the immediate consider- early intervention and prevention strategies ceeded to call the roll. ation of S. 2634, introduced earlier that seek to provide effective early interven- Mr. FRIST. Mr. President, I ask today by Senators DODD, DEWINE, tion and prevention services. unanimous consent that the order for REED, SMITH, REID, DASCHLE, and oth- (11) In a recent report, a startling 85 per- the quorum call be rescinded. ers. cent of college counseling centers revealed The PRESIDING OFFICER. The an increase in the number of students they The PRESIDING OFFICER. Without see with psychological problems. Further- objection, it is so ordered. clerk will state the bill by title. more, the American College Health Associa- f The legislative clerk read as follows: tion found that 61 percent of college students A bill (S. 2634) to amend the Public Health reported feeling hopeless, 45 percent said REFERRAL OF NOMINATIONS Service Act to support planning, implemen- they felt so depressed they could barely func- Mr. FRIST. Mr. President, as in exec- tation, and evaluation of organized activities tion, and 9 percent felt suicidal. utive session, I ask unanimous consent involving statewide youth suicide early (12) There is clear evidence of an increased that Executive Calendar Nos. 697 and intervention and prevention strategies, to incidence of depression among college stu- provide funds for campus mental and behav- 698 be rereferred to the Finance Com- dents. According to a survey described in the ioral health service centers. Chronicle of Higher Education (February 1, mittee and referred to the Banking There being no objection, the Senate 2002), depression among freshmen has nearly Committee. I further ask unanimous doubled (from 8.2 percent to 16.3 percent). consent that when the nominations are proceeded to consider the bill. Mr. FRIST. Mr. President, I ask Without treatment, researchers recently reported by the Banking Committee, noted that ‘‘depressed adolescents are at risk unanimous consent that the bill be they be automatically discharged from for school failure, social isolation, promis- the Finance Committee and placed on read the third time and passed, the mo- cuity, self medication with drugs and alco- the Executive Calendar. Finally, I ask tion to reconsider be laid upon the hol, and suicide—now the third leading cause unanimous consent that this agree- table, and that any statements relating of death among 10–24 year olds.’’. ment be specific to these nominations to the bill be printed in the RECORD. (13) Researchers who conducted the study ‘‘Changes in Counseling Center Client Prob- only. The PRESIDING OFFICER. Without objection, it is so ordered. lems Across 13 Years’’ (1989–2001) at Kansas The PRESIDING OFFICER. Without State University stated that ‘‘students are objection, it is so ordered. The bill (S. 2634) was read the third time and passed, as follows: experiencing more stress, more anxiety, f more depression than they were a decade S. 2634 ago.’’ (The Chronicle of Higher Education, EXECUTIVE SESSION Be it enacted by the Senate and House of Rep- February 14, 2003). resentatives of the United States of America in (14) According to the 2001 National House- Congress assembled, hold Survey on Drug Abuse, 20 percent of EXECUTIVE CALENDAR SECTION 1. SHORT TITLE. full-time undergraduate college students use Mr. FRIST. Mr. President, I ask This Act may be cited as the ‘‘Garrett Lee illicit drugs. unanimous consent that the Senate Smith Memorial Act’’. (15) The 2001 National Household Survey on Drug Abuse also reported that 18.4 percent of proceed to executive session for consid- SEC. 2. FINDINGS. Congress makes the following findings: adults aged 18 to 24 are dependent on or abus- eration of the following nominations ing illicit drugs or alcohol. In addition, the on the Executive Calendar: Military (1) More children and young adults die from suicide each year than from cancer, study found that ‘‘serious mental illness is nominations reported by the Armed heart disease, AIDS, birth defects, stroke, highly correlated with substance dependence Services Committee during today’s ses- and chronic lung disease combined. or abuse. Among adults with serious mental sion. I further ask unanimous consent (2) Over 4,000 children and young adults illness in 2001, 20.3 percent were dependent that the nominations be confirmed, the tragically take their lives every year, mak- on or abused alcohol or illicit drugs, while motions to reconsider be laid upon the ing suicide the third overall cause of death the rate among adults without serious men- table, the President be immediately between the ages of 10 and 24. According to tal illness was only 6.3 percent.’’. the Centers for Disease Control and Preven- (16) A 2003 Gallagher’s Survey of Coun- notified of the Senate’s action, and the seling Center Directors found that 81 percent Senate then resume legislative session. tion suicide is the third overall cause of death among college-age students. were concerned about the increasing number The PRESIDING OFFICER. Without (3) According to the National Center for In- of students with more serious psychological objection, it is so ordered. jury Prevention and Control of the Centers problems, 67 percent reported a need for The nominations considered and con- for Disease Control and Prevention, children more psychiatric services, and 63 percent re- firmed are as follows: and young adults accounted for 15 percent of ported problems with growing demand for services without an appropriate increase in IN THE NAVY all suicides completed in 2000. (4) From 1952 to 1995, the rate of suicide in resources. The following named officer for reappoint- children and young adults has tripled. (17) The International Association of Coun- ment as Chief of Naval Operations, United (5) From 1980 to 1997, the rate of suicide seling Services accreditation standards rec- States Navy, for an additional term of two among young adults ages 15 to 19 increased ommend 1 counselor per 1,000 to 1,500 stu- years, and appointment to the grade indi- 11 percent. dents. According to the 2003 Gallagher’s Sur- cated while assigned to a position of impor- (6) From 1980 to 1997, the rate of suicide vey of Counseling Center Directors, the ratio tance and responsibility under title 10, among children ages 10 to 14 increased 109 of counselors to students is as high as 1 U.S.C., sections 601 and 5033: percent. counselor per 2,400 students at institutions To be admiral (7) According to the National Center of of higher education with more than 15,000 Adm. Vernon E. Clark, 0000 Health Statistics, suicide rates among Na- students.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7865 SEC. 3. AMENDMENT TO THE PUBLIC HEALTH (H) in subsection (g)— ‘‘(iii) a Federally-recognized Indian tribe SERVICES ACT. (i) by striking ‘‘A State’’ and all that fol- or tribal organization (as defined in the In- Title V of the Public Health Service Act lows through ‘‘organization receiving’’ and dian Self-Determination and Education As- (42 U.S.C. 290aa et seq) is amended— inserting ‘‘A public organization, private sistance Act) or an urban Indian organiza- (1) in section 520E (42 U.S.C. 290bb–36)— nonprofit organization, political subdivision, tion (as defined in the Indian Health Care (A) in the section heading by striking and Federally recognized Indian tribes or Improvement Act) that is actively involved ‘‘CHILDREN AND ADOLESCENTS’’ and in- tribal organization receiving’’; and in the development and continuation of a serting ‘‘YOUTH’’; (ii) by striking ‘‘contract,’’ each place that tribal youth suicide early intervention and (B) by striking subsection (a) and inserting such appears; prevention strategy. the following: (I) in subsection (h), by striking ‘‘con- ‘‘(B) PREFERENCE.—In awarding grants and ‘‘(a) IN GENERAL.—The Secretary shall tracts,’’; cooperative agreements under this section, award grants or cooperative agreements to (J) in subsection (i)— the Secretary shall give preference to States public organizations, private nonprofit orga- (i) by striking ‘‘A State’’ and all that fol- that have rates of youth suicide that signifi- nizations, political subdivisions, and Feder- lows through ‘‘organization receiving’’ and ally recognized Indian tribes or tribal orga- cantly exceed the national average as deter- inserting ‘‘A public organization, private nizations to implement the State-sponsored mined by the Centers for Disease Control and nonprofit organization, political subdivision, statewide or tribal youth suicide early inter- Prevention. and Federally recognized Indian tribes or vention and prevention strategy as developed ‘‘(C) LIMITATION.—In carrying out this sec- tribal organization receiving’’; and under section 596A.’’; tion, the Secretary shall ensure that each (ii) by striking ‘‘contract,’’; (C) in subsection (b), by striking all after State is awarded only one grant or coopera- (K) in subsection (k), by striking ‘‘5 years’’ ‘‘coordinated’’ and inserting ‘‘with the Strat- tive agreement under this section. For pur- and inserting ‘‘3 years’’; egy for Suicide Prevention Federal Steering poses of the preceding sentence, a State shall (L) in subsection (l)(2), by striking ‘‘21’’ Group and the suicide prevention resource be considered to have been awarded a grant and inserting ‘‘24’’; and center provided for under section 596B.’’; or cooperative agreement if the eligible enti- (M) in subsection (m)— (D) in subsection (c)— ty involved is the State or an entity des- (i) by striking ‘‘APPROPRIATION.—’’ and all (i) in the matter preceding paragraph (1), ignated by the State under subparagraph that follows through ‘‘For’’ in paragraph (1) by striking ‘‘A State’’ and all that follows (A)(ii). Nothing in this subparagraph shall be and inserting ‘‘APPROPRIATION.—For’’; and through ‘‘desiring’’ and inserting ‘‘A public construed to apply to entities described in (ii) by striking paragraph (2); organization, private nonprofit organization, subparagraph (A)(iii). (2) by inserting after part I (42 U.S.C. 290jj political subdivision, and Federally recog- ‘‘(3) PREFERENCE.—In providing assistance et seq), the following: nized Indian tribes or tribal organization de- under a grant or cooperative agreement siring’’; ‘‘PART J—SUICIDE EARLY INTERVENTION under this subsection, an eligible entity (ii) by redesignating paragraphs (1) AND PREVENTION’’; shall give preference to public organizations, through (9) as paragraphs (2) through (10), re- (3) by redesignating section 520E (42 U.S.C. private nonprofit organizations, political spectively; 290bb–36), as amended by paragraph (1), as subdivisions, and tribal organizations ac- (iii) by inserting before paragraph (2) (as so section 596 and transferring such section to tively involved with the State-sponsored redesignated), the following: part J (as added by paragraph (2)); and statewide or tribal youth suicide early inter- ‘‘(1) comply with the State-sponsored (4) by adding at the end of part J (as added vention and prevention strategy that— statewide early intervention and prevention by paragraph (2) and amended by paragraph ‘‘(A) provide early intervention and assess- strategy as developed under section 596A;’’; (3)), the following: ment services, including screening programs, (iv) in paragraph (2) (as so redesignated), ‘‘SEC. 596A. YOUTH SUICIDE EARLY INTERVEN- to youth who are at risk for mental or emo- by striking ‘‘children and adolescents’’ and TION AND PREVENTION STRATE- tional disorders that may lead to a suicide inserting ‘‘youth’’; GIES, TRAINING, AND TECHNICAL attempt, and that are integrated with, (v) in paragraph (3) (as so redesignated), by ASSISTANCE. school systems, educational institutions, ju- striking ‘‘best evidence-based,’’; ‘‘(a) YOUTH SUICIDE EARLY INTERVENTION venile justice systems, substance abuse pro- (vi) in paragraph (4) (as so redesignated), AND PREVENTION STRATEGIES.— grams, mental health programs, foster care by striking ‘‘primary’’ and all that follows ‘‘(1) IN GENERAL.—The Secretary acting systems, and other child and youth support and inserting ‘‘general, mental, and behav- through the Administrator of the Substance organizations; ioral health services, and substance abuse Abuse and Mental Health Services Adminis- ‘‘(B) demonstrate collaboration among services;’’; tration, shall award grants or cooperative early intervention and prevention services or (vii) in paragraph (5) (as so redesignated), agreements to eligible entities to— certify that entities will engage in future by striking ‘‘children and’’ and all that fol- ‘‘(A) develop and implement State-spon- collaboration; lows and inserting ‘‘youth including the sored statewide or tribal youth suicide early ‘‘(C) employ or include in their applica- school systems, educational institutions, ju- intervention and prevention strategies in tions a commitment to evaluate youth sui- venile justice system, substance abuse pro- schools, educational institutions, juvenile cide early intervention and prevention prac- grams, mental health programs, foster care justice systems, substance abuse programs, tices and strategies adapted to the local systems, and community child and youth mental health programs, foster care systems, community; support organizations;’’; and other child and youth support organiza- ‘‘(D) provide timely referrals for appro- (viii) by striking paragraph (8) (as so redes- tions; priate community-based mental health care ignated), and inserting the following: ‘‘(B) support public organizations and pri- and treatment of youth who are at risk for ‘‘(8) offer access to services and care to vate nonprofit organizations actively in- suicide in child-serving settings and agen- youth with diverse linguistic and cultural volved in State-sponsored statewide or tribal cies; backgrounds;’’; and youth suicide early intervention and preven- ‘‘(E) provide immediate support and infor- (ix) by striking paragraph (9) (as so redes- tion strategies and in the development and mation resources to families of youth who ignated), and inserting the following: continuation of State-sponsored statewide are at risk for suicide; ‘‘(9) conduct annual self-evaluations of out- youth suicide early intervention and preven- ‘‘(F) offer access to services and care to comes and activities, including consulting tion strategies; youth with diverse linguistic and cultural with interested families and advocacy orga- ‘‘(C) collect and analyze data on State- backgrounds; nizations;’’; sponsored statewide or tribal youth suicide ‘‘(G) offer appropriate post-suicide inter- (E) by striking subsection (d) and inserting early intervention and prevention services vention services, care, and information to the following: that can be used to monitor the effectiveness families, friends, schools, educational insti- ‘‘(d) USE OF FUNDS.—Amounts provided of such services and for research, technical tutions, juvenile justice systems, substance under a grant or cooperative agreement assistance, and policy development; and abuse programs, mental health programs, under this section shall be used to supple- ‘‘(D) assist eligible entities, through State- foster care systems, and other child and ment, and not supplant, Federal and non- sponsored statewide or tribal youth suicide youth support organizations of youth who re- Federal funds available for carrying out the early intervention and prevention strategies, cently completed suicide; activities described in this section. Appli- in achieving targets for youth suicide reduc- ‘‘(H) offer continuous and up-to-date infor- cants shall provide financial information to tions under title V of the Social Security mation and awareness campaigns that target demonstrate compliance with this section.’’; Act (42 U.S.C. 701 et seq.). parents, family members, child care profes- (F) in subsection (e)— ‘‘(2) ELIGIBLE ENTITY.— sionals, community care providers, and the (i) by striking ‘‘contract,’’; and ‘‘(A) DEFINITION.—In this subsection, the general public and highlight the risk factors (ii) by inserting after ‘‘Secretary that the’’ term ‘eligible entity’ means— associated with youth suicide and the life- the following: ‘‘application complies with ‘‘(i) a State; saving help and care available from early the State-sponsored statewide early inter- ‘‘(ii) a public organization or private non- intervention and prevention services; vention and prevention strategy as developed profit organization designated by a State to ‘‘(I) ensure that information and awareness under section 596A and’’; develop or direct the State-sponsored state- campaigns on youth suicide risk factors, and (G) in subsection (f), by striking ‘‘con- wide youth suicide early intervention and early intervention and prevention services, tracts,’’; prevention strategy; and use effective communication mechanisms

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7866 CONGRESSIONAL RECORD — SENATE July 8, 2004 that are targeted to and reach youth, fami- tal health causes and associated risk-factors committees of Congress a report concerning lies, schools, educational institutions, and for suicide in youth; and the results of— youth organizations; ‘‘(I) other activities determined appro- ‘‘(A) the evaluations conducted under para- ‘‘(J) provide a timely response system to priate by the Secretary. graph (1); and ensure that child-serving professionals and ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) an evaluation conducted by the Sec- providers are properly trained in youth sui- There is authorized to be appropriated to retary to analyze the effectiveness and effi- cide early intervention and prevention strat- carry out this subsection, $3,000,000 for fiscal cacy of the activities conducted with grants, egies and that child-serving professionals year 2005, $4,000,000 for fiscal year 2006, and collaborations, and consultations under this and providers involved in early intervention $5,000,000 for fiscal year 2007. section. and prevention services are properly trained ‘‘(c) COORDINATION AND COLLABORATION.— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— in effectively identifying youth who are at ‘‘(1) IN GENERAL.—In carrying out this sec- For the purpose of carrying out subsection risk for suicide; tion, the Secretary shall collaborate with (a), there are authorized to be appropriated ‘‘(K) provide continuous training activities the National Strategy for Suicide Prevention $7,000,000 for fiscal year 2005, $16,000,000 for for child care professionals and community Federal Steering Group and other Federal fiscal year 2006, $25,000,000 for fiscal year care providers on the latest youth suicide agencies responsible for early intervention 2007, and such sums as may be necessary for early intervention and prevention services and prevention services relating to youth each of fiscal years 2008 and 2009. practices and strategies; suicide. ‘‘SEC. 596B. MENTAL AND BEHAVIORAL HEALTH ‘‘(L) conduct annual self-evaluations of ‘‘(2) CONSULTATION.—In carrying out this SERVICES ON CAMPUS. outcomes and activities, including con- section, the Secretary shall consult with— ‘‘(a) PURPOSE.—It is the purpose of this sulting with interested families and advo- ‘‘(A) State and local agencies, including section to increase access to, and enhance cacy organizations; and agencies responsible for early intervention the range of, services for students with men- ‘‘(M) provide services in areas or regions and prevention services under title XIX of tal and behavioral health problems that can with rates of youth suicide that exceed the the Social Security Act (42 U.S.C. 1396 et lead to school failure, such as depression, national average as determined by the Cen- seq.), the State Children’s Health Insurance substance abuse, and suicide attempts, so as ters for Disease Control and Prevention. Program under title XXI of the Social Secu- to ensure that college students have the sup- ‘‘(4) REQUIREMENT FOR DIRECT SERVICES.— rity Act (42 U.S.C. 1397aa et seq.), programs port necessary to successfully complete their Not less than 85 percent of grant funds refunded by grants under title V of the Social studies. ceived under this subsection shall be used to Security Act (42 U.S.C. 701 et seq.), and pro- ‘‘(b) PROGRAM AUTHORIZED.—From funds provide direct services. grams under part C of the Individuals with appropriated under subsection (j), the Sec- ‘‘(b) SUICIDE PREVENTION RESOURCE CEN- Disabilities Education Act (20 U.S.C. 1431 et retary shall award competitive grants to in- TER; TRAINING AND TECHNICAL ASSISTANCE.— seq.); stitutions of higher education to create or ‘‘(1) OPERATION OF CENTER.—The Secretary, ‘‘(B) local and national organizations that expand mental and behavioral health serv- acting through the Administrator of the serve youth at risk for suicide and their fam- ices to students at such institutions, to pro- Substance Abuse and Mental Health Services ilies; vide such services, and to develop best prac- Administration and in consultation with the ‘‘(C) relevant national medical and other tices for the delivery of such services. Such National Strategy for Suicide Prevention health and education specialty organiza- grants shall, subject to the availability of Federal Steering Group, shall award a com- tions; such appropriations, be for a period of 3 petitive grant or contract to a public or pri- ‘‘(D) youth who are at risk for suicide, who years. vate nonprofit entity for the establishment have survived suicide attempts, or who are ‘‘(c) ELIGIBLE GRANT RECIPIENTS.—Any in- of a Suicide Prevention Resource Center to currently receiving care from early interven- stitution of higher education that seeks to carry out the activities described in para- tion services; provide, or provides, mental and behavioral graph (3). ‘‘(E) families and friends of youth who are health services to students is eligible to ‘‘(2) APPLICATION.—To be eligible for a at risk for suicide, who have survived suicide apply for a grant under this section. Services grant or contract under paragraph (1), an en- attempts, who are currently receiving care may be provided at— tity shall prepare and submit to the Sec- from early intervention and prevention serv- ‘‘(1) college counseling centers; retary an application at such time, in such ices, or who have completed suicide; ‘‘(2) college and university psychological manner, and containing such information as ‘‘(F) qualified professionals who possess service centers; the Secretary may require. the specialized knowledge, skills, experience, ‘‘(3) mental health centers; ‘‘(3) AUTHORIZED ACTIVITIES.—The Suicide and relevant attributes needed to serve ‘‘(4) psychology training clinics; and Prevention Resource Center shall provide ap- youth at risk for suicide and their families; ‘‘(5) institution of higher education sup- propriate information, training, and tech- and ported, evidence-based, mental health and nical assistance to States, political subdivi- ‘‘(G) third-party payers, managed care or- substance abuse screening programs. sions of a State, Federally recognized Indian ganizations, and related commercial indus- ‘‘(d) APPLICATIONS.—Each institution of tribes, tribal organizations, public organiza- tries. higher education seeking to obtain a grant tions, or private nonprofit organizations under this section shall submit an applica- ‘‘(3) POLICY DEVELOPMENT.—The Secretary for— shall— tion to the Secretary. Each such application ‘‘(A) the development or continuation of ‘‘(A) coordinate and collaborate on policy shall include— statewide or tribal youth suicide early inter- development at the Federal level with the ‘‘(1) a description of identified mental and vention and prevention strategies; National Strategy for Suicide Prevention behavioral health needs of students at the ‘‘(B) ensuring the surveillance of youth Federal Steering Group; and institution of higher education; suicide early intervention and prevention ‘‘(B) consult on policy development at the ‘‘(2) a description of currently available strategies; Federal level with the private sector, includ- Federal, State, local, private, and institu- ‘‘(C) studying the costs and effectiveness of ing consumer, medical, suicide prevention tional resources to address the needs de- statewide youth suicide early intervention advocacy groups, and other health and edu- scribed in paragraph (1) at the institution of and prevention strategies in order to provide cation professional-based organizations, with higher education; information concerning relevant issues of respect to State-sponsored statewide or trib- ‘‘(3) an outline of program objectives and importance to State, tribal, and national al youth suicide early intervention and pre- anticipated program outcomes, including an policymakers; vention strategies. explanation of how the treatment provider ‘‘(D) further identifying and understanding ‘‘(d) RULE OF CONSTRUCTION; RELIGIOUS AC- at the institution of higher education will causes and associated risk factors for youth COMMODATION.—Nothing in this section shall coordinate activities under this section with suicide; be construed to preempt any State law, in- existing programs and services; ‘‘(E) analyzing the efficacy of new and excluding any State law that does not require ‘‘(4) the anticipated impact of funds pro- isting youth suicide early intervention tech- the suicide early intervention for youth vided under this section in improving the niques and technology; whose parents or legal guardians object to mental and behavioral health of students at- ‘‘(F) ensuring the surveillance of suicidal such early intervention based on the parents’ tending the institution of higher education; behaviors and nonfatal suicidal attempts; or legal guardians’ religious beliefs. ‘‘(5) outreach strategies, including ways in ‘‘(G) studying the effectiveness of State- ‘‘(e) EVALUATIONS AND REPORT.— which the treatment provider at the institu- sponsored statewide and tribal youth suicide ‘‘(1) EVALUATIONS BY ELIGIBLE ENTITIES.— tion of higher education proposes to reach early intervention and prevention strategies Not later than 18 months after receiving a students, promote access to services, and ad- on the overall wellness and health promotion grant or cooperative agreement under sub- dress the range of needs of students; strategies related to suicide attempts; section (a), an eligible entity shall submit to ‘‘(6) a proposed plan for reaching those stu- ‘‘(H) promoting the sharing of data regard- the Secretary the results of an evaluation to dents most in need of services; ing youth suicide with Federal agencies in- be conducted by the entity concerning the ‘‘(7) a plan to evaluate program outcomes volved with youth suicide early intervention effectiveness of the activities carried out and assess the services provided with funds and prevention, and State-sponsored state- under the grant or agreement. under this section; wide or tribal youth suicide early interven- ‘‘(2) REPORT.—Not later than 2 years after ‘‘(8) financial information concerning the tion and prevention strategies for the pur- the date of enactment of this section, the applicant to demonstrate compliance with pose of identifying previously unknown men- Secretary shall submit to the appropriate subsection (h); and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7867 ‘‘(9) such additional information as is re- ‘‘SEC. 596C. DEFINITIONS. Mr. FRIST. I object to further pro- quired by the Secretary. ‘‘In this part: ceedings on the measure at this time in ‘‘(e) PEER REVIEW OF APPLICATIONS.—The ‘‘(1) EARLY INTERVENTION.—The term ‘early order to place the joint resolution on Secretary, in consultation with the Sec- intervention’ means a strategy or approach retary of Education, shall provide the appli- that is intended to prevent an outcome or to the calendar under the provisions of cations submitted under this section to a alter the course of an existing condition. rule XIV. peer review panel for evaluation. With re- ‘‘(2) EDUCATIONAL INSTITUTION; INSTITUTION The PRESIDING OFFICER. Objec- spect to each application, the peer review OF HIGHER EDUCATION; SCHOOL.—The term— tion having been heard, the joint reso- panel shall recommend the application for ‘‘(A) ‘educational institution’ means a lution will be placed on the calendar. funding or for disapproval. school or institution of higher education; f ‘‘(f) USE OF FUNDS.—Funds provided by a ‘‘(B) ‘institution of higher education’ has grant under this section may be used for 1 or the meaning given such term in section 101 ORDERS FOR FRIDAY, JULY 9, 2004 more of the following activities: of the Higher Education Act of 1965; and ‘‘(1) Prevention, screening, early interven- Mr. FRIST. I ask unanimous consent ‘‘(C) ‘school’ means an elementary or sec- that when the Senate completes its tion, assessment, treatment, management, ondary school (as such terms are defined in and education of mental and behavioral section 901 of the Elementary and Secondary business today, it adjourn until 9:30 health problems that can lead to school fail- Education Act of 1965). a.m., on Friday, July 9. I further ask ure, such as depression, substance abuse, and ‘‘(3) PREVENTION.—The term ‘prevention’ that following the prayer and pledge, suicide attempts by students enrolled at the means a strategy or approach that reduces the morning hour be deemed expired, institution of higher education. the likelihood or risk of onset, or delays the the Journal of proceedings be approved ‘‘(2) Education of families to increase onset, of adverse health problems. awareness of potential mental and behav- to date, the time for the two leaders be ‘‘(4) YOUTH.—The term ‘youth’ means indi- ioral health issues of students enrolled at reserved for their use later in the day, viduals who are between 6 and 24 years of the institution of higher education. and the Senate then begin a period for age.’’. ‘‘(3) Hiring staff trained to identify and morning business with the first 4 hours treat mental and behavioral health prob- f equally divided between the two lead- lems, including residents and interns such as MEASURES READ THE FIRST ers or their designees. those in psychological doctoral and post doc- TIME—S. 2629, S. 2630, S. 2631, S. The PRESIDING OFFICER. Without toral programs. ‘‘(4) Evaluating and disseminating out- 2632, and S. 2633 objection, it is so ordered. comes and best practices of mental and be- Mr. FRIST. Mr. President, I under- f havioral health services. stand that five bills are at the desk. I PROGRAM ‘‘(g) ADDITIONAL REQUIRED ELEMENTS.— ask unanimous consent that they be Each institution of higher education that re- Mr. FRIST. Mr. President, tomorrow ceives a grant under this section shall— read for the first time en bloc. The PRESIDING OFFICER. Without the Senate will be in a period for morn- ‘‘(1) provide annual reports to the Sec- ing business throughout the day. There retary describing the use of funds, the pro- objection, it is so ordered. gram’s objectives, and how the objectives The clerk will read the bills for the will be no rollcall votes during tomor- were met, including a description of program first time. row’s session, but Senators are encour- outcomes; The legislative clerk read as follows: aged to come to the floor to speak on ‘‘(2) perform such additional evaluations as A bill (S. 2629) to amend the Medicare Pre- the constitutional amendment regard- the Secretary may require, which may in- scription Drug, Improvement, and Mod- ing marriage, which we hope to conclude— ernization Act of 2003 to eliminate the cov- sider next week. ‘‘(A) increases in range of services pro- erage gap, to eliminate HMO subsidies, to re- A few moments ago we failed to in- vided; peal health savings accounts, and for other voke cloture on a very important bill, ‘‘(B) increases in the quality of services purposes. the class action bill, that we have provided; A bill (S. 2630) to amend title V, United ‘‘(C) increases in access to services; States Code, to establish a national health spent the majority of this week debat- ‘‘(D) college continuation rates; program administered by the Office of Per- ing. As I said at the outset, I had hoped ‘‘(E) decreases in college dropout rates; sonnel Management to offer Federal em- we would be able to address this impor- ‘‘(F) increases in college graduation rates; ployee health benefits plans to individuals tant bill, consider all relevant amend- and who are not Federal employees, and for other ments, with no time limit on those rel- ‘‘(G) accepted and valid measurements and purposes. evant amendments, so we could pass a assessments of improved mental health A bill (S. 2631) to require the Federal Trade bill that is very important to the functionality; and Commission to monitor and investigate gas- ‘‘(3) coordinate such institution’s program oline prices under certain circumstances. American people, to the economy, and under this section with other related efforts A bill (S. 2632) to establish a first re- to the concepts of equity and fairness. on campus by entities concerned with the sponder and terrorism preparedness grant in- We were unsuccessful, in spite of our general mental and behavioral health needs formation hotline, and for other purposes. very best attempt to consider all rel- of students. A bill (S. 2633) to amend the Federal Power evant amendments and take up a bill ‘‘(h) SUPPLEMENT NOT SUPPLANT.—Grant Act to provide refunds for unjust and unrea- that 62 people in this body support. funds provided under this section shall be sonable charges on electric energy in the The problem was that Members from used to supplement, and not supplant, Fed- State of California. both sides of the aisle insisted on offer- eral and non-Federal funds available for car- Mr. FRIST. Mr. President, I now ask rying out the activities described in this sec- ing or wanting to offer and debate very tion. Grantees shall provide financial infor- for their second reading and, in order complicated but, most importantly, mation to demonstrate compliance with this to place the bills on the calendar under unrelated amendments at this time. We subsection. the provisions of rule XIV, I object to set up a procedural process by which ‘‘(i) REQUIREMENT FOR DIRECT SERVICES further proceeding on these matters en AND LIMITATIONS.— we could consider individual relevant bloc. amendments, but a decision was made, ‘‘(1) DIRECT SERVICES.—Not less than 75 The PRESIDING OFFICER. The bills and it played out in the cloture vote percent of grant funds received under this will be read the second time on the section shall be used to provide direct serv- today, that we would not proceed on next legislative day. ices. this important bill at this juncture be- ‘‘(2) ADMINISTRATIVE COSTS.—Not more f cause some people thought we would than 5 percent of grant funds received under MEASURE PLACED ON THE need to include a lot of nongermane this section shall be used for administrative amendments. There were a lot of non- costs. CALENDAR—S.J. RES. 40 ‘‘(3) PROHIBITION ON USE FOR CONSTRUCTION Mr. FRIST. I understand there is a relevant amendments that appeared. OR RENOVATION.—Grant funds received under joint resolution at the desk that is due I am very hopeful, because I am a this section shall not be used for construc- for a second reading. strong supporter of this bill as written, tion or renovation of facilities or buildings. The PRESIDING OFFICER. The that we can come to some agreement ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— clerk will read the joint resolution by given the fact there are a majority of There are authorized to be appropriated for people in this Senate who believe in grants under this section, $5,000,000 for fiscal title for the second time. year 2005, $7,000,000 for fiscal year 2006, The legislative clerk read as follows: this bill strongly, that we can come to $10,000,000 for fiscal year 2007, and such sums A joint resolution (S.J. Res. 40) proposing some agreement in terms of time to as may be necessary for each fiscal years 2008 an amendment to the Constitution of the consider this bill with relevant amend- and 2009. United States relating to marriage. ments debated so that we can serve the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7868 CONGRESSIONAL RECORD — SENATE July 8, 2004 American people. That seems not to be DEPARTMENT OF DEFENSE RUTH A. CHRISTOPHERSON, 0000 JAMES D. COBB, 0000 now. Discussions hopefully will con- VALERIE LYNN BALDWIN, OF KANSAS, TO BE AN AS- JAMES F. COLEMAN, 0000 tinue. SISTANT SECRETARY OF THE ARMY, VICE SANDRA L. CARLAND D. COLVIN, 0000 PACK, RESIGNED. JAMES R. COMPTON, 0000 If we cannot do it in a reasonably DAVID M. CRUZ JR., 0000 DEPARTMENT OF STATE short period of time and stay on rel- CHARLES S. DORSEY, 0000 CHRISTOPHER J. LAFLEUR, OF NEW YORK, A CAREER ALAN C. DORWARD, 0000 evant amendments, we just simply are MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RICHARD J. EVANS III, 0000 not going to be able to do it in this ses- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LYNN D. FEES, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TERRENCE B. FORNOF, 0000 sion. We have somewhere around 30 leg- OF AMERICA TO MALAYSIA. MICHAEL C. FOSTER, 0000 islative days remaining and we have a MARK E. GOERGEN, 0000 IN THE COAST GUARD TIMOTHY R. GRAMS, 0000 range of issues, some that were ANN M. GREENLEE, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- GREG A. HAASE, 0000 brought up on the floor today, issues MENT AS PERMANENT COMMISSIONED REGULAR OFFI- JEFFREY W. HAUSER, 0000 CER IN THE UNITED STATES COAST GUARD IN THE such as homeland security and issues STUART A. HEMMINGSON, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: concerning the institution of marriage. MICHAEL E. HUSTED, 0000 To be commander GARY W. KEEFE, 0000 We have the Australia trade bill that JOHN E. KENT, 0000 hopefully we can consider very quickly LAURIE J. MOSIER, 0000 CHARLES G. KING, 0000 IN THE ARMY RANDALL S. KING, 0000 in the near future. We have 13 appro- WAYNE E. LEE, 0000 priations bills, spending bills, that we THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRADLEY S. LINK, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED RICKIE B. MATTSON, 0000 must consider. There are 12 we need to WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GARY H. MAUPIN, 0000 consider in some way in the next sev- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL P. MCDONOUGH, 0000 STEVEN D. MCMAHON, 0000 eral weeks. Then there are a number of To be lieutenant general DONALD R. MCPARTLAND JR., 0000 judges who we must continue to move LT. GEN. JAMES L. CAMPBELL, 0000 EDWARD E. METZGAR, 0000 RITA C. MEYER, 0000 on. We have all of that in a period of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GARY J. MOE, 0000 about 30 days. IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN S. MORAWIEC, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JON K. MOTT, 0000 It means that as majority leader I RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KENNETH E. NERESON, 0000 need to insist on reasonable, dis- RYAN A. ORIAN, 0000 To be lieutenant general GERALD E. OTTERBEIN, 0000 ciplined, and regular order in the sense MAJ. GEN. JOHN M. BROWN III, 0000 THOMAS J. OWENS II, 0000 that when we go to a bill, we debate ROBERT J. PARTHENAIS, 0000 IN THE NAVY WALLACE J. PASCHAL II, 0000 that bill, those issues, consider amend- GREGORY P. PIETROCOLA, 0000 ments that are relevant to that bill THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL A. POCOPANNI JR., 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED NORMAN A. POKLAR, 0000 and not consider the broad range of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JONATHAN T. PROEHL, 0000 issues that we naturally have as Sen- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RONALD V. SACHSE, 0000 To be vice admiral TERRANCE W. SANDO, 0000 ators. We have to have an orderly proc- EWIN R. SANSOM, 0000 ess. The orderly process led today, be- VICE ADM. ROBERT F. WILLARD, 0000 DENISE O. SCHOFIELD, 0000 GEORGE R. SKUODAS, 0000 cause of the insistence on these non- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY S. SMILEY, 0000 germane, nonrelevant amendments, to IN THE UNITED STATES NAVY TO THE GRADE INDICATED EDWIN C. SMITH, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KERRY M. TAYLOR, 0000 a point that we are not going to be able RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CARL J. THOMAE, 0000 to consider class action reform now. To be vice admiral TIMOTHY G. VAUGHAN, 0000 JOHN H. WAKEFIELD, 0000 So I think what we will see predomi- VICE ADM. ALBERT T. CHURCH III, 0000 WILLIAM B. WALKUP, 0000 nately tomorrow is debate on a very IN THE AIR FORCE KEITH A. WEAVER, 0000 GARY V. WELLS, 0000 important issue to the American peo- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JOHN F. WHITE, 0000 ple and to the values of the United UNITED STATES OFFICER FOR APPOINTMENT TO THE BRUCE T. WILLDEN, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE JONATHAN D. WILLIAMS, 0000 States of America, and that is the issue UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MICHAEL A. WOBBEMA, 0000 of marriage. We will likely see debate To be colonel IN THE NAVY on that tomorrow, and that debate will NORMAN L. WILLIAMS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT continue on the constitutional amend- TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNDER TITLE 10, U.S.C., SECTION 624: ment Monday and Tuesday. I would UNITED STATES OFFICER FOR APPOINTMENT TO THE think somewhere during the middle of GRADE INDICATED IN THE RESERVE OF THE AIR FORCE To be commander next week, probably Wednesday, we UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MYLES E. BROOKS JR., 0000 To be colonel HILLARY KING JR., 0000 will have a vote, the nature of which I JAMES E. WATTS, 0000 THOMAS R. BIRD, 0000 will be talking to the Democratic lead- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT er over the course of tomorrow morn- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY ing. UNITED STATES OFFICERS FOR APPOINTMENT TO THE UNDER TITLE 10, U.S.C., SECTION 624: GRADE INDICATED IN THE RESERVE OF THE AIR FORCE To be commander So we had a good debate this week. I UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: am very disappointed in the fact that To be colonel BILLY M APPLETON, 0000 BENEDICT J BROWN, 0000 the other side of the aisle—for the REX A. HINESLEY, 0000 KENNETH D COUNTS, 0000 most part it was the other side of the JERI K. SOMERS, 0000 ROBERT J COYLE, 0000 JAMES T DENLEY, 0000 aisle—insisted on having other amend- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE MICHAEL L GREENWALT, 0000 ments. I am disappointed we were un- UNITED STATES OFFICERS FOR APPOINTMENT TO THE ALAN M HANSEN, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE J. P HEDGES JR., 0000 able to fully address class action re- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MARK R HENDRICKS, 0000 form. Hopefully, we can come back to To be colonel MICHAEL G MUELLER, 0000 CARLOS B ORTIZ, 0000 it at some point in the future. PETER W. BICKEL, 0000 TIMOTHY L OVERTURF, 0000 WILLIAM D. TAYLOR, 0000 BRENT W SCOTT, 0000 f STUART D SMITH, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE DAVID A TUBLEY, 0000 ADJOURNMENT UNTIL 9:30 UNITED STATES OFFICERS FOR APPOINTMENT TO THE STEVEN P UNGER, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE MIL A YI, 0000 TOMORROW UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. FRIST. If there is no further To be colonel TO THE GRADE INDICATED IN THE UNITED STATES NAVY business to come before the Senate, I DONALD A. AHERN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ask unanimous consent that the Sen- DOUGLAS M. AIKEN, 0000 To be commander MARK G. ALLEN, 0000 ate stand in adjournment under the GEORGE W. ASBELL, 0000 CARLA M ALBRITTON, 0000 previous order. JAMES E. ASTOR, 0000 MICHAEL L ANDERSON, 0000 DAVID L. AUGUSTINE, 0000 THOMAS S ARMSTRONG, 0000 There being no objection, the Senate, ROBERT J. BECKLUND, 0000 RAYMOND W BICHARD, 0000 at 8:18 p.m., adjourned until Friday, GEORGE H. BENEFIELD JR., 0000 VICTOR D BLANCO, 0000 STEVEN J. BERRYHILL, 0000 PAUL J BOURGEOIS, 0000 July 9, 2004, at 9:30 a.m. ROBERT M. BRANYON, 0000 FORREST R BROWNE III, 0000 f ERIC W. CAMPBELL, 0000 JOHN D BRUGHELLI, 0000 DAVID E. CANTRELL, 0000 JOSE CERVANTES, 0000 THOMAS H. CANTWELL, 0000 KURT M CHIVERS, 0000 NOMINATIONS DEBRA J. CARROLL, 0000 CHARLES E CHURCHWARD, 0000 Executive nominations received by THOMAS S. CAUTHEN, 0000 WILBURN A CLARKE, 0000 STEWART W. CEARLEY, 0000 MICHAEL E CORSEY, 0000 the Senate July 8, 2004: STEPHEN L. CHASE, 0000 WILLIAM J DARNEY III, 0000

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DANE A DENMAN, 0000 JENNIFER M JAGOE, 0000 PHILIP J BLAINE, 0000 KIT A DUNCAN, 0000 PETER M JOHNSON, 0000 CHRISTOPHER A BLOW, 0000 KENNETH W EPPS, 0000 STEVEN A KEWISH, 0000 JIMMY A BRADLEY, 0000 RACHEL M FANT, 0000 BRIAN S KING, 0000 LEON F BRADWAY, 0000 MARTIN F FIELDS JR., 0000 NEIL M KING, 0000 MICHAEL D BRIDGES, 0000 MATTHEW J GIBBONS, 0000 BARBARA E KNOLLMANNRITSCHEL, 0000 KARI A BUCHANAN, 0000 JOHN E GILLILAND, 0000 CHRISTOPHER A KURTZ, 0000 MARQUEZ F CAMPBELL, 0000 ROWDY C GRIFFIN, 0000 TRI H LAC, 0000 JAMES G CHRISTENSON, 0000 ROBERT J HAMMOND, 0000 LOUIS V LAVOPA, 0000 DANIEL J CORNWELL, 0000 TIMOTHY J HARRINGTON, 0000 BENJAMIN K LEE, 0000 MARK C CROWELL, 0000 MARK K HARRIS, 0000 HEIDI LYSZCZARZ, 0000 CATHI L CULVER, 0000 RICHARD D HEINZ, 0000 JOHN L LYSZCZARZ, 0000 MARY F DAVID, 0000 JAMES M JOHNSON, 0000 DANIEL F MAHER, 0000 ANDREW M DAVIDSON, 0000 KEVIN M JONES, 0000 ELIZABETH A MALEY, 0000 WILLIAM F DAVIS, 0000 DAVID H KAO, 0000 JEANETTE H MATTHEWS, 0000 DANNY W DENTON, 0000 ROBERT J KILLIUS, 0000 SCOTT T MAURER, 0000 KRISTI B DEPPERMAN, 0000 BRYANT W KNOX, 0000 PAUL D MCADAMS, 0000 BEVERLY A DEXTER, 0000 JAMES A LAPOINTE, 0000 MICHAEL S MCCLINCY, 0000 JAIME E DIAZSOLA, 0000 FRANK J LORENTZEN, 0000 MICHAEL B MCGINNIS, 0000 THOMAS L DRIVER, 0000 KYLE P LUKSOVSKY, 0000 LISA M MCGOWAN, 0000 DAVID W DROZD, 0000 DAVID A MARCH, 0000 PATRICIA L MCKAY, 0000 JOSEPH B ESSEX, 0000 THOMAS R MARSZALEK, 0000 MELANIE J MERRICK, 0000 DEANN J FARR, 0000 SCOTT T MCCAIN, 0000 ROBERT N MILLER JR., 0000 JOHN F FERGUSON, 0000 PATRICK J MCCLANAHAN, 0000 ERIN M MOORE, 0000 BRICE A GOODWIN, 0000 THOMAS J MOREAU, 0000 LISA P MULLIGAN, 0000 JOSEPH L GRANADO, 0000 JOSEPH H NEUHEISEL, 0000 PATRICK M MULLIN, 0000 WILLIAM O HAISSIG, 0000 DANIEL J NOLL, 0000 DAVID P MURPHY, 0000 MICHELE A HANCOCK, 0000 GARY J POWE, 0000 DAVID F MURRAY, 0000 GERALYN A HARADON, 0000 JOE F RAY, 0000 JANET N MYERS, 0000 PATRICK L HAWKINS, 0000 MICHAEL L RENEGAR, 0000 DIPAK D NADKARNI, 0000 RICHARD D HAYDEN, 0000 DAVID D SANDERS, 0000 BRIAN R HOSKINS, 0000 SCOTT L NASSON, 0000 TIFFANY A SCHAD, 0000 PAUL B JACOB, 0000 DAVID K NAUGLE, 0000 VINCENT P SCHIAVONE, 0000 RICHARD J JEHUE, 0000 AMY L OBOYLE, 0000 DAVID A SHEALY, 0000 MARY E JENKINS, 0000 PHILIP M OCONNELL, 0000 EDWARD E SIMPSON, 0000 SCOTT L JOHNSTON, 0000 WILLIAM S PADGETT, 0000 ROBERT F SKJONSBY, 0000 DAVID E JONES, 0000 DAVID PALMER, 0000 SCOTT C SMITH, 0000 MARVIN L JONES, 0000 GEORGE A PAZOS, 0000 JOHN D SORACCO, 0000 JEANMARIE P JONSTON, 0000 MICHAEL G PENNY, 0000 CHRISTOPHER T SOSA, 0000 STANLEY J JOSSELL, 0000 MICHAEL J PHIPPS, 0000 ALESSANDRO I STAMEGNA, 0000 RONALD A JURAS, 0000 LEE A PIETRANGELO, 0000 TERRY M SURDYKE, 0000 KAREN J KASOWSKI, 0000 STEVEN J PORTOUW, 0000 DERRIC T TURNER, 0000 FREDERIC J KELLEY III, 0000 MARTIN W PRUSS, 0000 HAROLD W VALENTINE, 0000 KEVIN L KLETTE, 0000 TRENT D RASMUSSEN, 0000 MARK S WHEELER, 0000 SCOTT P LAWRY, 0000 WARD L REED III, 0000 POLLY S WOLF, 0000 RANDAL K LEBLANC, 0000 ROY R RICE, 0000 EDWARD L ZAWISLAK, 0000 JOHN W LEFAVOUR, 0000 MATTHEW C RINGS, 0000 JAMES A LETEXIER, 0000 PETER F ROBERTS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY L LOOMIS, 0000 ANTHONIO RODRIGUEZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM P MACCHI, 0000 MILDRED RODRIGUEZ, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MARIA K MAJAR, 0000 JUAN A ROSARIOCOLLAZO, 0000 ANN C MARQUEZ, 0000 To be commander JOSEPH D RUGGIERO, 0000 CARLOS J MARTINEZ, 0000 RICHARD J SAVARINO JR., 0000 MICHAEL T ACROMITE, 0000 SCOTT A MCCLELLAN, 0000 ASHLEY A SCHROEDER, 0000 TROY G ANDERSON, 0000 MARTIN D MCCUE, 0000 ERIC L SCHWARTZMAN, 0000 JOSEPH C AQUILINA, 0000 MICAH L MEYERS, 0000 CHRISTINE L G SEARS, 0000 BRIAN K AUGE, 0000 ADAM S MICHELS, 0000 STEPHEN T SEARS, 0000 JOHN B BACCUS III, 0000 LESLIE A MOORE, 0000 PAUL D SEEMAN, 0000 LAUREN D BALES, 0000 THOMAS A MOWELL, 0000 ERIC S SHERCK, 0000 RICHARD D BARROW II, 0000 JOSEPH S MYERS JR., 0000 SOHAIL A SIDDIQUE, 0000 JOHN L BASTIEN, 0000 MANUEL E NAGUIT, 0000 AMANDA J SIMSIMAN, 0000 ANTHONY G BATTAGLIA, 0000 ROBERT E NEWELL, 0000 GEORGE H SMITH, 0000 MARY F BAVARO, 0000 EDWARD C NORTON JR., 0000 LOREN J SMITH, 0000 MARY BECKETT, 0000 ROBERT E OBRECHT, 0000 IFEOLUMIPO O SOFOLA, 0000 STEPHANIE A BERNARD, 0000 LUIS M PEREZ, 0000 JOEL D STEWART, 0000 SANDRA L BIERLING, 0000 NORA M PEREZ, 0000 JAMES A STOREY, 0000 CHARLES S BLACKADAR, 0000 JOSEPH J PICKEL, 0000 ROGER L SUR, 0000 CAROL L BLACKWOOD, 0000 JEFFREY M PLUMMER, 0000 ROSEMARIE C TAN, 0000 JEFFREY A BLAIR, 0000 ANTHONY V POTTS, 0000 JAMES K TARVER, 0000 OCTAVIO A BORGES, 0000 JOHN A RALPH, 0000 JAMES E TOLEDANO, 0000 PAMELA J BRETHAUER, 0000 DYLAN D SCHMORROW, 0000 EDWARD T WATERS, 0000 STACY A BRETHAUER, 0000 RUSSELL D SHILLING, 0000 WILLIAM D WATSON, 0000 WILLIAM J BRUNSMAN, 0000 BRENDA D SMITH, 0000 STEVEN M WECHSLER, 0000 BRYAN S BUCHANAN, 0000 DEBRA R SOYK, 0000 CHRISTOPHER WESTBROOK, 0000 KEVIN D BUCKLEY, 0000 MARK J STEVENSON, 0000 WILLIAM M WIKE, 0000 THOMAS B BUTTOLPH, 0000 VERONICA SULLIVANFREDERICK, 0000 GREGORY A WRIGHT, 0000 JANIS R CARLTON, 0000 ANNE M SWAP, 0000 KIMBERLY S WYATT, 0000 THOMAS M CHUPP, 0000 STEVEN D TATE, 0000 JAMES C YOUNG, 0000 JOSEPH B CLEM, 0000 PAULINE M TAYLOR, 0000 CRAIG M ZELIG, 0000 VICKI J COLAPIETRO, 0000 JEFFREY C TROWBRIDGE, 0000 MICHAEL E COMPEGGIE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEN H UYESUGI, 0000 MARY N COOK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL P VENABLE, 0000 CARL R COWEN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHIAL S WARRINGTON, 0000 THOMAS A CRAIG, 0000 TIMOTHY H WEBER, 0000 STEVEN D CRONQUIST, 0000 To be commander BRIAN K WILLIAMSON, 0000 MICHAEL P DALGETTY, 0000 TIMOTHY A ACKERMAN, 0000 SHARON M WRIGHT, 0000 ANTHONY E DELGADO, 0000 STEPHEN G ALFANO, 0000 ANNE DENYS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH A BELL, 0000 MARK L DICK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRADLEY R BURNETT, 0000 RICHARD R DOBHAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: HECTOR A CABALLERO, 0000 ROBERT J DONOVAN, 0000 SOOK K CHAI, 0000 To be commander CHRISTINE E DORR, 0000 JORGE A GRAZIANI, 0000 BRAD H DOUGLAS, 0000 KRISTEN N ATTERBURY, 0000 SCOTT KOOISTRA, 0000 ROBERT DUNBAR JR., 0000 CATHERINE A BAYNE, 0000 SEAN C MEEHAN, 0000 THEODORE D EDSON, 0000 JAMES G BEASLEY, 0000 BRETT T METCALF, 0000 JOHN C ELKAS, 0000 MARGARET S BEAUBIEN, 0000 ANTHONY J OPILKA, 0000 MARK J FLYNN, 0000 VALERIE J BEUTEL, 0000 SCOTT T OZAKI, 0000 STEVEN E GABELE, 0000 CHERYL W BLANZOLA, 0000 VICTOR T Y PAK, 0000 MICHELE L GASPER, 0000 JULIA C BUCK, 0000 TONY L PETERSON, 0000 DAVID W GIBSON, 0000 JOSEPH F BURKARD, 0000 JOHN J RICHARD, 0000 COLLEEN M GILSTAD, 0000 PATRICIA M BURNS, 0000 WILLIAM G SHOEMAKER, 0000 JOHN GILSTAD, 0000 MAUREEN R N BUTLER, 0000 CHRISTOPHER A STEWART, 0000 PATRICK H GINN, 0000 SARAH M BUTLER, 0000 TODD E SUMNER, 0000 WAYNE M GLUF, 0000 IRIS A BYERS, 0000 TIMOTHY B TINKER, 0000 TIMOTHY S GORMLEY, 0000 BARBARA G CAILTEUXZEVALLOS, 0000 KEVIN R TORSKE, 0000 DANIEL L GRAMINS, 0000 PAULA Y CHAMBERLAIN, 0000 DAVID T TURBYFILL, 0000 CHRISTOPHER A HAM, 0000 SUZANNE M CLARK, 0000 TERRY D WEBB, 0000 JOHN S HAMMES, 0000 BRIAN D CLEMENT, 0000 TONY S HAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHERI R COLEMAN, 0000 JAMES L HANCOCK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY NANCY K CONDON, 0000 CARY E HARRISON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KEVIN J COOLONG, 0000 JOHN F HAWLEY, 0000 To be commander CRAIG L COOPER, 0000 DANIEL J HEBERT, 0000 LUZ M CRELLIN, 0000 ELIZABETH M HOFMEISTER, 0000 STEVEN E ALLEN, 0000 BRIAN J DREW, 0000 NICHOLAS M HOLMES, 0000 TIMOTHY D BARNES, 0000 VICKI L EDGAR, 0000 ANTHONY R HOOVLER, 0000 LUIS A BENEVIDES, 0000 TERRY J HALBRITTER, 0000 TIM B HOPKINS, 0000 RICHARD D BERGTHOLD, 0000 BRADLEY J HARTGERINK, 0000 DARRYL K ITOW, 0000 SEAN BIGGERSTAFF, 0000 SANDRA K HEAVEN, 0000

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PENNY M HEISLER, 0000 REBECCA A CONRAD, 0000 TIMOTHY R MARKLE, 0000 ANITA M HENRY, 0000 MATTHEW C DOLAN, 0000 CARMELO MELENDEZ, 0000 LINDA J A HOUDE, 0000 JOEL A DOOLIN, 0000 ROLAND A MINA, 0000 KARON V JONES, 0000 ANNE B FISCHER, 0000 RODNEY M MOORE, 0000 TAMMY C JONES, 0000 BABETTE R GORDON, 0000 BRUCE C NEVEL, 0000 FRANCES G KELLER, 0000 HOLIDAY HANNA, 0000 CRAIG S PRATHER, 0000 BARBARA J KINCADE, 0000 ERROL D HENRIQUES, 0000 ARMAND T QUATTLEBAUM, 0000 KATHLEEN A KNIGHT, 0000 SEAN P HENSELER, 0000 STEPHEN K REVELAS, 0000 RONNELL R LEFTWICH, 0000 THOMAS C HEROLD, 0000 KEVIN L ROYE, 0000 SHARRON A LEWIS, 0000 MATTHEW R HYDE, 0000 GLENN A SHEPHARD, 0000 CATHERINE M MACDONALD, 0000 MICHAEL J JAEGER, 0000 STEVEN L SIMS, 0000 IAN A MACKENZIE, 0000 PAUL C KIAMOS, 0000 LESLIE S STEELE, 0000 REBECCA A MALARA, 0000 LOURAE LANGEVIN, 0000 GEORGE N SUTHER, 0000 TRISHA C MARTIN, 0000 DON A MARTIN, 0000 GARY A TAVE, 0000 JOHN P MAYE, 0000 ANTHONY J MAZZEO, 0000 PAUL J VANDENBERG, 0000 JONIE L MCBEE, 0000 JAMES R MCFARLANE, 0000 JOHN D WHITE, 0000 CATHERINE J MCDONALD, 0000 GORDON E MODARAI, 0000 BARNEY S WILLIAMS, 0000 CHERYL L MCDONALD, 0000 WILLIAM F OBRIEN, 0000 JOY L MURRAY, 0000 JAMES A PROTIN, 0000 MICHAEL A NACE, 0000 MARY S REISMEIER, 0000 f LAURA A PAGANO, 0000 ADRIAN J ROWE, 0000 JOANNE M PETRELLI, 0000 GARY E SHARP, 0000 CONFIRMATIONS TANYA M PONDER, 0000 STEPHANIE M SMART, 0000 PAMELA J PORTER, 0000 ERIN E STONE, 0000 Executive nominations confirmed by KAREN S PRUETT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DON S RAYMUNDO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY the Senate July 8, 2004: KURK A ROGERS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER E SCHMIDT, 0000 IN THE MARINE CORPS To be commander KIMBERLY W SHIPLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GLENDA D SINK, 0000 JOHN J ADAMETZ, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE DOROTHEA A SLEDGE, 0000 JOHN C ALBERGHINI, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- GORDON R SMITH, 0000 MICHAEL J ANGERINOS, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., LAVENCION V STARKS, 0000 HECTOR A ARELLANO JR., 0000 SECTION 601: SUSAN A STEINER, 0000 GARTH B BERNINGHAUS, 0000 AMY M TARBAY, 0000 TIMOTHY P COWAN, 0000 To be general PERRY J WEIN, 0000 MARK K EDELSON, 0000 MOISE WILLIS, 0000 LT. GEN. JAMES E. CARTWRIGHT ROBERT M FAIRBANKS, 0000 PATRICIA A WIRTH, 0000 EDDIE G GALLION, 0000 IN THE NAVY JAMIE H WISE, 0000 ROBERT W GANOWSKI, 0000 CONSTANCE L WORLINE, 0000 PETER E HANLON, 0000 THE FOLLOWING NAMED OFFICER FOR REAPPOINT- MARY A YONK, 0000 TODD B HENRICKS, 0000 MENT AS CHIEF OF NAVAL OPERATIONS, UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY D HICKS, 0000 NAVY, FOR AN ADDITIONAL TERM OF TWO YEARS, AND TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN A KLIEM, 0000 APPOINTMENT TO THE GRADE INDICATED WHILE AS- UNDER TITLE 10, U.S.C., SECTION 624: RONALD F KRAMPS, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- To be commander MICHELLE C LADUCA, 0000 BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 5033: GREGORY D LUNSFORD, 0000 To be admiral DAVID A BERGER, 0000 CYNTHIA J MANNING, 0000 TIERNEY M CARLOS, 0000 RAYMOND J MARDINI, 0000 ADM. VERNON E. CLARK

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A SPECIAL TRIBUTE TO RUTH HONORING THE BAY SPECIAL Veterans Health Care, Capital Asset, and LARABEE ON THE OCCASION OF CARE HOSPITAL Business Improvement Act of 2003, a three- HER RETIREMENT year program of delegated authorizations was HON. DALE E. KILDEE established to allow the Secretary to update, OF MICHIGAN improve, establish, restore or replace major VA health care facilities. Congress delegated HON. PAUL E. GILLMOR IN THE HOUSE OF REPRESENTATIVES authority to the Secretary to approve individual OF OHIO Wednesday, July 7, 2004 facility projects based on recommendations of IN THE HOUSE OF REPRESENTATIVES Mr. KILDEE. Mr. Speaker, I rise before you an independent capital investments board and today to honor the faculty and staff of Bay on criteria that places a premium on projects Wednesday, July 7, 2004 Special Care Hospital of Bay City, Michigan, to protect patient safety and privacy; improve Mr. GILLMOR. Mr. Speaker, it is my great for providing 10 years of superior medical care seismic protection; provide barrier-free accom- pleasure to pay special tribute to Mrs. Ruth to patients requiring extended care manage- modations; and improve VA patient care facili- Larabee, upon her retirement from her position ment. On July 15, 2004, the hospital, along ties in specialized areas of concern. Many VA community based clinics operate as the Director of the Wood County Depart- with the community, will commemorate this special occasion. in leased facilities. P.L. 108–170 did not pro- ment of Job and Family Services in Bowling Bay Special Care Hospital, a McLaren vide the Secretary any new authority con- Green, Ohio. health service, opened in 1994, and is the first cerning execution of major medical facility Ruth Larabee grew up in the small commu- of its kind in Northeastern Michigan. The mis- leases. The Department has identified the nity of Landeck, Ohio, in Allen County where sion of Bay Special Care is to provide ex- need for authorization or renewal of major the leadership skills which have served her tended care to patients with complex medical medical facility leases under title 38, United well over the years were instilled at an early needs and require a 25-day or longer stay. States Code, section 8104(a)(2) at a cost of age. Ruth graduated from Notre Dame Col- The hospital is staffed with a team of highly approximately $24 million in fiscal year 2005. lege in South Euclid, Ohio with majors in biol- skilled healthcare professionals, who have This legislation would authorize leases in the Department’s recommended locations as fol- ogy and physical science. Upon graduation, committed themselves to providing each pa- lows: Ruth began her career of serving others by tient with intensive personalized care. Bay Special Care has consistently received Site Annual lease cost teaching Junior High School. When Ruth be- high marks for its service from the Michigan Wilmington, North Caro- came a mother of six, she stopped teaching lina Outpatient Clinic .... $1,320,000 Department of Consumer and Industry Serv- Greenville, North Carolina so that she could dedicate all her time and re- ices and most importantly from the patients sources to raising her children. Outpatient Clinic ...... 1,220,000 they serve. I commend these men and women Norfolk, Virginia Out- Mr. Speaker, as Ruth’s children grew; she for their dedication to detail and commitment patient Clinic ...... 1,250,000 accepted a position with the WSOS Head to sustaining life. Summerfield, Florida Mar- Start Administration. It was in this capacity Mr. Speaker, it is indeed an honor and a ion County Outpatient Clinic ...... 1,230,000 that she embarked on a career of compassion, pleasure for me to have this opportunity to Knoxville, Tennessee Out- always wanting to assist those less fortunate. recognize this outstanding group of medical patient Clinic ...... 850,000 professionals. Many families have benefited Ruth accepted her current position as Direc- Toledo, Ohio Outpatient from their care and services. The staff con- Clinic ...... 1,200,000 tor of the Wood County Department of Job siders it their duty and privilege to protect and Crown Point, Indiana Out- and Family Services in 1987, where she has defend human dignity and the quality of life for patient Clinic ...... 850,000 provided constant leadership. Drawing upon Fort Worth, Texas Tarrant their patients. I am grateful for Bay Special County Outpatient Clinic 3,900,000 her past experiences, she has brought stability Care’s commitment to go beyond the ordinary Plano, Texas Collin County and calm to an agency which has seen tre- when providing healthcare services. I ask my Outpatient Clinic ...... 3,300,000 mendous change. Despite shifts in public pol- colleagues in the 108th Congress to please San Antonio, Texas North- icy brought on by welfare reform, demands for join me in paying tribute to the Bay Special east Central Bexar Coun- increased services for children and the grow- Care Hospital for 10 years of outstanding ty Outpatient Clinic ...... 1,400,000 Corpus Christi, Texas Out- ing needs of the unemployed, Ruth has con- service to the community. patient Clinic ...... 1,200,000 tinued to be a steadfast leader. f Harlington, Texas Out- patient Clinic ...... 650,000 As Director of the Wood County Job and INTRODUCTORY STATEMENT FOR Denver, Colorado Health Family Services, Ruth has displayed great H.R. 4768, VETERANS MEDICAL Administration Center ... 1,950,000 leadership by effectively communicating the FACILITIES MANAGEMENT ACT Oakland, California Out- mission at hand and adapting to the ever OF 2004 patient Clinic ...... 1,700,000 changing world around her. Through her drive San Diego, California North County Outpatient and leadership, Ruth has worked tirelessly to HON. ROB SIMMONS Clinic ...... 1,300,000 better the life of abused children, people in OF CONNECTICUT San Diego, California South County Outpatient need of public housing, the elderly, and those IN THE HOUSE OF REPRESENTATIVES desperately seeking employment. Through her Clinic ...... 1,100,000 Wednesday, July 7, 2004 17 years of distinguished service to the resi- This bill would also provide that the Depart- dents of Wood County, Ruth leaves behind Mr. SIMMONS. Mr. Speaker, I am intro- ment may enter into a long-term lease of up the legacy of an Agency inspired by dedication ducing H.R. 4768, the Veterans Medical Facili- to 75 years for land to construct a new med- and compassion. ties Management Act of 2004. This legislation ical facility on the Fitzsimons Campus of the will help address needs in the Department of University of Colorado, in Aurora, Colorado. It Mr. Speaker, I ask my colleagues to join me Veterans Affairs (VA) to modernize health care is anticipated that this new VA facility will be in paying special tribute to Mrs. Ruth Larabee. facilities, make better use of VA’s existing a significant shared facility with the University. Our communities are served well by having portfolio of properties and dispose of The extended lease authority will enable all such honorable and giving citizens, like Ruth, unneeded properties over the next several parties to the relationship to obtain a higher who care about their well being and stability. years. level of confidence in planning and con- We wish Ruth and her family all the best as In legislation I introduced last year that was structing an important health care facility for we pay tribute to one of Ohio’s finest citizens. included in Public Law (P.L.) 108–170, the veterans throughout the intermountain west.

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

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JY8.037 E08PT1 E1316 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 Mr. Speaker, this legislation would facilitate internationally renowned scholar and activist for human dignity, and love of freedom, our the Secretary’s authority to transfer unneeded who recently passed away. forefathers fought valiantly to protect our real property currently in VA’s portfolio and A highly talented and versatile writer, Gloria ideals and liberties. In the two and a quarter under the exclusive jurisdiction of the Sec- Anzalduá is recognized for representing the centuries that have since passed, America has retary. The bill would require fair market value finest in the Chicano/Latino literature. She seen the highest peaks and preserved through for any such transfers, except when trans- skillfully expressed her thoughts and feelings some difficult times while the values that gave ferred to a provider of homeless veterans in a variety of genres including poetry, essays, birth to our country have endured. services receiving a grant under section 2011 children’s books, and narratives. She is best These values that we hold so dear are pre- of title 38, United States Code. known for her 1987 hybrid collection of poetry served for eternity here at the Chicago Histor- This bill would also repeal the defunct Nurs- and prose titled Borderlands/La Frontera: The ical Society. And as the Historical Society has ing Home Revolving Fund, in section 8116 of New Mestiza. This volume was a best seller earned its place as an integral element of Chi- title 38, United States Code. It would establish and was listed among the 100 Best Books of cago’s museum community, the 4th of July a new fund to be known as the Capital Asset the Century by the Hungry Mind Review and celebration has become ingrained in Lincoln Fund, to help defray VA’s cost of transferring Utne Reader. Her other published works in- Park’s culture, and holds a permanent place real property, including demolition, environ- clude This Bridge Called My Back (1981), on the community calendar. Men and women mental restoration, maintenance, repair, his- Making Face, Making Soul (1990), Prietita and who grew up with their parents here on the toric preservation and administrative ex- the Ghost Woman (1995), and This Bridge We 4th of July, now bring their children along with penses. Call Home (2002). them. And so, these values and traditions will VA controls the fourth-largest inventory of Gloria Anzalduá was celebrated by some of continue to be passed on to future genera- owned, leased, and operated federal real the most well respected publishing and edu- tions. property. It is estimated that more than half of cational institutions. Her awards include the Mr. Speaker, I applaud the leadership of VA’s facilities are over 50 years old. Many Before Columbus Foundation American Book Lonnie Bunch, Hill Hammock, and the other date from the 19th century and many more Award, Lambda Lesbian Small Book Press leaders of the Chicago Historical Society on were constructed in the late 1940s and early Award, National Endowment for the Arts Fic- another fantastic 4th of July celebration. I 1950s. A large number of properties are listed tion Award, and the American Studies Asso- hope that the Historical Society will continue to on the National Register of Historic Places. ciation Achievement Award. enrich our lives and educate Chicagoans for Given this rich array of heritage assets, H.R. As one of the first openly lesbian Chicana many, many more years. 4768 would also allow the Secretary to enter authors, Anzalduá played a major role in rede- into partnerships or agreements with public or fining contemporary Chicano/a and gay/les- f private entities dedicated to historic preserva- bian identities through her written work. A pio- tion and to use resources from the Capital neer in developing an inclusive feminist move- A TRIBUTE TO THE PENNSYL- Asset Fund to facilitate the transfer, leasing or ment, she won the hearts of countless readers VANIA STATE UNIVERSITY ON adaptive use of these properties. The bill re- from all walks of life and inspired many to be- ITS SESQUICENTENNIAL quires a series of reports, beginning with a come activists in their communities. complete inventory of historic properties, fol- Gloria Anzalduá passed away on May 15, HON. FRANK R. WOLF lowed up with an annual update of the status 2004, at the age of 61. Her mother, Amalia, OF VIRGINIA of each property for two subsequent reporting her sister, Hilda, and two brothers, Urbano cycles. and Oscar, survive her. Although she will be IN THE HOUSE OF REPRESENTATIVES The bill would require in the Department’s greatly missed, our nation will always remem- Wednesday, July 7, 2004 annual budget submission inclusion of infor- ber her illustrious professional career. Her Mr. WOLF. Mr. Speaker, I am pleased to mation on each proposed and completed powerful vision will be embraced and cher- rise today in support of H. Res. 703, a resolu- transfer. The Department also would report to ished by future generations of activists, read- tion offered by my colleague Representative Congress the annual deposits and expendi- ers, and leaders from all walks of life. JOHN PETERSON, congratulating my alma tures from the Fund. f mater, The Pennsylvania State University, on This bill includes a provision to permit the 150 years of service and commending Penn- construction of surface parking when inci- HONORING THE CHICAGO HISTOR- ICAL SOCIETY ON THE FOURTH sylvania’s designation of the university as dental to an authorized major medical facility Pennsylvania’s sole land-grant institution. construction project. Also, the bill would pro- OF JULY As a native Pennsylvanian, I was proud to vide the Secretary additional flexibility in using attend Penn State and earn my undergraduate funds to develop advanced planning for major HON. RAHM EMANUEL there in 1961. I also met someone there who construction projects previously authorized by OF ILLINOIS would become the most important person in law. IN THE HOUSE OF REPRESENTATIVES my life—a fellow Penn State student named VA major medical facility projects are al- Wednesday, July 7, 2004 Carolyn Stover who accepted my proposal to ready exempt under section 8166(a) of title be my wife. 38, United States Code, from State and local Mr. EMANUEL. Mr. Speaker, today it is my laws relating to building codes, permits, and privilege to recognize the contributions of the We have many fond memories of our time inspections unless the Secretary consents to Chicago Historical Society toward preserving together at Penn State, strolling together past participate in such state and local regulation. our glorious heritage and the legacy of great Old Main, and our dates to the Creamery, en- The bill would exempt VA from State and local Chicagoans, on the occasion of its 45th An- joying the best ice cream in the world—bar land use (zoning) laws. nual 4th of July Celebration. America has none. Mr. Speaker, I trust that my colleagues will come a long way since the Founding Fathers Mr. Speaker, you may not know the tradition agree with me that this is a bill worthy of their signed the Declaration of Independence, and I of the Creamery. It all started in 1892, when support. I strongly urge my colleagues to sup- applaud the CHS for capturing the pivotal mo- Penn State became the first American institu- port this bill and help enact it as a high priority ments of this journey in its ‘‘Documents of tion of higher education to establish collegiate- to assist the Department of Veterans Affairs Freedom’’ and ‘‘Free to Vote’’ exhibitions. level instruction in ice cream manufacture, a with its capital asset needs. By consistently demonstrating its commit- program that has helped make the university ment to historical accuracy and preservation, an internationally recognized center for re- f the Chicago Historical Society has earned its search in frozen confections. RECOGNIZING THE LIFE AND place atop the pillar of Chicago’s treasures. Its Penn State without question has had an LEGACY OF GLORIA ANZALDU´ A commitment to this cause makes it the perfect outstanding 150 years as one of the finest backdrop for a celebration of our nation’s his- land grant institutions in the Nation. Its list of HON. HILDA L. SOLIS tory on Independence Day. achievements is long and impressive. It was OF CALIFORNIA We make the Fourth of July as the begin- the first institution of higher education in the IN THE HOUSE OF REPRESENTATIVES ning of a revolution to secure those country to offer undergraduate degrees in in- unalienable rights from tyranny, but the strug- dustrial engineering, fuel science, and turf Wednesday, July 7, 2004 gle began long before that date and would grass science. Its strong and varied under- Ms. SOLIS. Mr. Speaker, I rise to recognize continue to be defended by Americans long graduate program draws students from across the life and legacy of Gloria Anzalduá, an afterward. Guided by courage, faith, respect the country and the world.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JY8.040 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1317 Penn State’s graduate programs also are 3. Architectural Engineering—Penn State physics, discovered the existence of three impressive. It’s supply chain/logistics, indus- offers America’s oldest continuously accred- planets orbiting outside of our solar sys- trial/manufacturing engineering, materials engi- ited (since 1936) curriculum in this field. It tem—the first scientist to do so. introduced the curriculum in 1910 to provide 16. Driver Education—Amos Neyhart neering, nuclear engineering, agricultural engi- ‘‘liberal training in both the aesthetic and taught America’s first classes for driver edu- neering, higher education administration, ad- construction sides of architecture.’’ cation teachers at Penn State in 1936, three ministration/supervision, vocational/technical 4. Art Education—Penn State became an years after he began the Nation’s first driver education, counseling services, ceramics, and international center for art education when education course at nearby State College rehabilitation counseling graduate programs Austrian-born Viktor Lowenfeld joined the High School. rank among the Nation’s top ten, according to faculty in 1946. Lowenfeld was the most in- 17. Engineers Everywhere—One in 50 pro- U.S. News and World Report. Penn State’s fluential art educator of the 20th century fessionally licensed engineers in the U.S. is a medical, law, and business graduate programs and wrote the field’s dominant book, Cre- Penn State graduate. ative and Mental Growth, based on his pio- 18. Environmentally Correct—Polymer sci- are also stellar. neering work in psychology and the art of entist Bernard Gordon III developed a bio- It is important to note that one in every eight the visually impaired. degradable plastic that, with the assistance Pennsylvanians with a college degree, one in 5. Artificial Insemination—Over a 30-year of water, disappears in two years. Early tests every 720 Americans, one in every 50 engi- period beginning in 1946, dairy scientist John indicate that molecular weight of the poly- neers, and one in very four meteorologists are Almquist perfected commercially viable ar- mer reduces as water is added, and at 120 de- alumni of Penn State. tificial insemination techniques for dairy grees to 140 degrees Fahrenheit, the material Penn State is an institution that not only cattle. His research has led to more than $600 falls apart in three days. trains the mind, but the body as well. The million worth of increased food production 19. Environmental Stress—The Noll Phys- and cost savings worldwide. iological Research Center, established in Nittany Lions are known throughout the inter- 6. Artificial Organs—A heart-assist pump collegiate sports world for its outstanding 1963, was the Nation’s first academic re- developed by medical and engineering fac- search center dedicated to studying human teams. Penn State’s football team is synony- ulty in 1976 to prolong the lives of cardio- tolerance to heat, cold and other environ- mous with gridiron excellence. Coach Joe vascular patients was the first surgically mental stresses, and served as the prototype Paterno is a football legend, and became the implantable, seam-free, pulsatile blood pump for similar labs worldwide. all-time leader in wins in college football in to receive widespread clinical use. It led to 20. Family Doctors—Penn State’s Milton 2001. Penn State also fields quality teams in the Penn State Heart, the only artificial S. Hershey Medical Center in 1967 became heart approved by the U.S. Food and Drug cross-country, women’s volleyball, and gym- the Nation’s first medical school to establish Administration. a department of family and community med- nastics, just to name a 3 few. The Penn State 7. Astronauts—Four Penn Staters have icine on the same level as traditional med- athletic tradition is robust, and the university flown in space: alumni Paul Weitz, Robert ical specialities. It also introduced a resi- Cenker and Guion S. Bluford Jr. (the first has garnered an impressive 56 national team dency in the field, thus foreshadowing a re- African-American astronaut, who flew on the championships in its history. newed emphasis Nationwide on family prac- space shuttle Challenger in 1983), and Assist- Penn State’s scholar/athletes have impres- titioners. ant Professor of Kinesiology James sive academic credentials: the university grad- 21. First AG Degrees—Penn State was the Pawelczyk. uated 80 percent of its scholar/athletes from first American institution to confer bacca- 8. Astronomy—Penn State, with the Uni- laureate degrees in agriculture, in 1861. the entering class of 1996—1997 within six versity of Texas, operates the Hobby-Eberly 22. Geraniums—Penn State researchers de- years, compared to a national average of 62 spectroscopic survey telescope, the largest veloped the world’s first commercially suc- percent for scholar/athletes at all Division I instrument of its kind in the world, which cessful geranium grown from seed, the NCAA institutions. Penn State maintains an measures individual wavelengths of light to Nittany Lion Red. reveal information about stars, galaxies, and emphasis on education and athletics that is to 23. Greek Leadership—With 56 fraternities be envied. other deep-space phenomena. 9. Atom First ‘‘Seen’’—In 1955, physics Pro- and 29 sororities, Penn State has the largest Penn State’s history is full of accomplish- number of Greek organizations of all col- ments and its future is full of promise. I will in- fessor Erwin Mueller became the first person to ‘‘see’’ an atom, using a field ion electron leges and universities in the country. sert for the record a list of 50 ways Penn microscope of his own invention. The device 24. Heavy Water—Penn State physicist State has shaped the world. This is just a frac- was a landmark advance in scientific instru- Ferdinand Brickwedde in 1931 produced the tion of the ways the students, faculty, staff and mentation that allowed a magnification of world’s first measurable amount of deute- all those associated with Penn State have more than 2 million times. rium, a hydrogen isotope needed to make ‘‘heavy water’’—an essential ingredient in helped to make our Nation and the world a 10. Best-Selling Authors—Vance Packard (The Hidden Persuaders, The Status Seekers) basic atomic research. better place. 25. Ice Cream—In 1892 Penn State offered The education I received at Penn State and earned his degree from Penn State in 1936. Jean Craighead George, a member of the America’s first collegiate instruction in ice the relationships I developed—the most impor- class of 1941, authored the Newberry Award- cream manufacture, followed soon after by a tant of which was meeting my future wife— winning children’s book, Julie of the Wolves. pioneering ‘‘short course’’ program that has helped shape my life and the public service 11. Cinema—Penn State alumnus Julius helped to make the University an inter- path I pursued. Carolyn and I, both proud Epstein won an Oscar for his screenplay for national center for research in frozen confec- Penn State alumni, congratulate the university the classic Humphrey Bogart film, ‘‘Casa- tions. Ice cream gurus Ben & Jerry got their on its sesquicentennial, and look forward to blanca.’’ Character actor Ed Binns, class of start from a correspondence course in ice cream making from Penn State. celebrating Penn State’s future accomplish- 1937, received critical praise for supporting roles in such box office favorites as ‘‘Patton’’ 26. Industrial Engineering—The world’s ments. and ‘‘Fail Safe.’’ first baccalaureate curriculum in industrial 50 WAYS PENN STATE HAS SHAPED THE WORLD 12. Commercial Television—Penn State engineering was introduced at Penn State in Since its founding in 1855, Penn State and alumni who have made their mark in tele- 1908. its people have been leaving their mark on vision include Carmen Finestra, an executive 27. Management Education—Established in the world. From the viewing of the first producer and writer for the hit ABC-TV com- 1915 as one of the nation’s first continuing atom, to the leading roles played by alumni edy ‘‘Home Improvement,’’ Jonathan Frakes education programs for business and indus- in Desert Storm, Penn Staters have had a (Commander Will Riker on the hit television try, Penn State’s management education profound impact on the world and are leav- series ‘‘Star Trek: The Next Generation’’), classes boosted Pennsylvania’s economy by ing a legacy of contribution. and writer and director Stanley Lathan tailoring instruction to thousands of clients 1. American Literature—Fred Lewis (‘‘Cagney and Lacey,’’ ‘‘Remington Steele’’ statewide in such fields as time manage- Pattee, who joined the faculty in 1894, be- and ‘‘Sanford and Son’’). ment, employee motivation and leadership, came the first in the Nation to hold the title 13. Correspondence Courses—In 1892, Penn and served as models for similar efforts na- of Professor of American Literature, a field State became the first American college or tionally. then considered a minor subdiscipline of university to offer correspondence courses in 28. Materials Research—In 1960, Penn State English literature. He helped make Penn agriculture, an initiative that was followed established the nation’s first interdiscipli- State one of the earliest centers for Amer- by national expansion of correspondence in- nary curriculum in solid state technology ican literature studies. struction in many technical fields. and in 1962, created one of the first inter- 2. Animal Nutrition—In the early 1900s 14. Diesel Engineering—One of the world’s disciplinary research laboratories, which has Professor Henry Armsby used a respiration first academic research programs in diesel since won international acclaim in materials calorimeter to try to determine the net en- engineering began at Penn State in 1923. Dis- synthesis, electroceramics, diamond films ergy value of food—that is, the portion of coveries in such areas as supercharging and and chemically bonded ceramics. food energy that an animal used to produce scavenging helped to bring about today’s 29. Mathematics—Mathematician Haskell milk or meat. His experiments attracted fuel-efficient and powerful engines. Brooks Curry’s research in the 1950s into the worldwide interest and helped to develop 15. Discovering Planets—Alexander foundations of mathematics, especially his livestock feeds of higher nutritive value. Wolszczan, professor of astronomy and astro- development of combinatory logic, later

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JY8.044 E08PT1 E1318 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 found significant application in computer mittee whose recommendations shaped the the Department of Defense, to Art Vail, Flat- science, particularly in the design of pro- landmark Pure Food and Drug Act of 1906. head Unit Manager; Tom Ray, General Man- gramming languages. 44. R Values—This widely adopted standard ager of Resources; and Hank Ricklefs, Vice 30. Meteorologists—One in every four me- of heat resistance, used to measure the insu- teorologists in the United States is a Penn lating properties of such materials as fiber- President of Manufactured Products. State graduate. glass and window glass, was developed by Plum Creek Senior Forester, Don Sneck 31. Minority Enrollment—Among more Everett Shuman, who in the 1960s headed from the Flathead Unit submitted the nomina- than 100 colleges and universities in Pennsyl- Penn State’s Building Research Institute. tion for the award but was unable to attend vania, Penn State ranks second in the enroll- 45. School Administrators— One out of the ceremony because he is presently serving ment of African Americans and graduates every four senior school administrators in in Iraq. He has served in the guard for 20 more of these students than any other insti- Pennsylvania is a graduate of Penn State. years and today flies a helicopter air ambu- tution in the Commonwealth. 46. Science, Technology, and Society—In lance, evacuating injured soldiers from south- 32. Mushroom Research—In the 1920s, Penn 1969–70, Penn State established the Nation’s State became the first land-grant college to first interdisciplinary program in science, ern Iraq to Kuwait. This is Don’s third deploy- initiate a comprehensive mushroom research technology and society. Its integrative ment in the last two years. program. Researchers developed improved courses addressing critical issues in these I congratulate Plum Creek on receiving this composts and production practices that were areas served as a model for similar programs prestigious award and thank Don for his hard adopted by growers worldwide and also at many other universities. work on behalf of Plum Creek, his home state helped Pennsylvania retain its leadership as 47. Telecommunications—Penn State of Montana and his country. the No. 1 source of domestic mushrooms. alumnus Charles Krumreich invented the [From the Daily Inter Lake, May 20, 2004] 33. Music—Fred Waring, nationally beloved telephone jack. More than a billion of his choral leader (‘‘The man who taught Amer- patented Jack–11 square plastic plugs are PLUM CREEK HONORED FOR SOLDIER SUPPORT ica how to sing’’ ) and founder of The Penn- used worldwide for telephones, modems, and (By Candace Chase) sylvanians, was a Penn Stater. So is fax machines. Brig. Gen. Randy Mosley of the Montana Grammy Award-winning singer, songwriter 48. Toymaker—Herman Fisher, co-founder Army National Guard brought certificates and pianist Mike Reid (‘‘Stranger in the and longtime chairman of the board of Fish- and thanks Wednesday to Plum Creek Tim- House,’’ ‘‘Lost in the Fifties Tonight’’ ). er Price, one of the Nation’s largest toy- ber Co. in Columbia Falls. 34. Nobel Prize—Stanford University bio- makers, graduated from Penn State in 1921. The company and three of its executives chemist Paul Berg, a member of Penn 49. Visionary Educator—Evan Pugh, Penn received patriot awards for contributing to State’s class of 1948, won a Nobel Prize in State’s first president (1859–64), was among national security by supporting their em- 1980 for his study of the biochemistry of nu- the first nationally recognized advocates of ployee citizen soldiers. cleic acids. adding science, agriculture and engineering Don Sneck, an employee and deployed 35. Nuclear Reactor—Penn State in 1955 be- to traditional collegiate studies. guardsman, submitted their nominations. came the first university to be issued a fed- 50. Weather Prediction—Meteorologist Mosley honored Henry Ricklefs, vice presi- eral license to operate a nuclear reactor, Hans Panofsky conducted fundamental work dent of manufactured goods; Tom Ray, gen- which it continues to use for studies in the at Penn State (1952–82) that led to a new un- eral manager of resources; and Art Vail, peaceful uses of atomic energy and the train- derstanding of atmospheric turbulence, air Flathead unit manager. They received cer- ing of nuclear industry personnel. pollution, ozone depletion and planetary tificates at a management meeting in the 36. Pacemaker—A surgeon and two engi- atmospheres, and was among the first to Plum Creek board room. neers at Penn State perfected the world’s apply computer analysis to weather pre- In remarks before the ceremony, Mosley first long-life, rechargeable heart pace- diction. said he couldn’t over-emphasize the impor- maker. f tance of an employer’s support for deployed 37. Penn Staters Everywhere—Penn State soldiers in Iraq. has more than 466,000 living alumni. One in PERSONAL EXPLANATION ‘‘It’s an environment fraught with danger every 720 Americans, and one in every 70 and uncertainty,’’ he said. ‘‘We want to con- Pennsylvanians, is a graduate of Penn State. centrate on what is in front of them.’’ 38. Personality Tests—In 1931, psychologist HON. HOWARD COBLE Sneck couldn’t attend the ceremony he ini- Robert Bernreuter began refining his OF NORTH CAROLINA tiated because he still serves in Iraq. Mosley ‘‘Bernreuter Personality Inventory,’’ a pio- IN THE HOUSE OF REPRESENTATIVES said Sneck flies a helicopter air ambulance, neer multiphastic test of traits that became evacuating injured soldiers from southern the standard by which other personality Wednesday, July 7, 2004 Iraq to Kuwait. tests were measured and is still used world- Mr. COBLE. Mr. Speaker, on Friday, June ‘‘There is no better sight than an air ambu- wide for counseling and personnel selection. 25, I missed rollcall votes 321–325. Had I lance coming in,’’ Mosley said. 39. Petroleum Research—In the 1920s, Penn been present on this date, I would have voted According to Mosley, Sneck has served in State researchers began pioneering inves- ‘‘no’’ on rollcall votes Nos. 321–323 and ‘‘aye’’ the guard for 20 years. His unit has deployed tigations that identified the components of three times in the last two years. crude oil, leading to significant improve- on rollcall votes 324–325. On this date, I had When not called to active duty, Sneck ments in the refining process and the devel- committed to participating in an event in my works as a senior forester at Plum Creek opment of today’s widely used lubricants congressional district that I was unable to Timber. that can withstand extremes of heat and miss. Another Plum Creek employee soldier did cold. f attend the patriot award ceremony. Staff 40. Playwrights—The hit Broadway play Sgt. Tavia Syme of the 889th Quartermaster ‘‘Give’em Hell, Harry,’’ based on the life of DAILY INTERLAKE ARTICLE Co. has returned to her job after deploying in President Harry Truman and authored by Iraq. Penn State alumnus Samuel Gallu, was The reservist said she worked in water pu- made into a critically acclaimed motion pic- HON. DENNIS R. REHBERG rification. Syme said she had a tough time ture. So was Penn Stater John Pielmeier’s OF MONTANA adjusting to heels in her administrative as- ‘‘Agnes of God,’’ which received three Acad- IN THE HOUSE OF REPRESENTATIVES sistant job after 14 months in combat boots. emy Award nominations. Syme estimated that about 20 to 25 others 41. Progesterone—Pioneer steroid chemist Wednesday, July 7, 2004 perform double duty as Plum Creek employ- Russell Marker’s work in synthesizing the Mr. REHBERG. Mr. Speaker, I’d like to sub- ees and part-time soldiers. hormone progesterone in the 1930s laid the mit this article from the Daily Interlake in Kali- She said she appreciated her company’s foundation for the birth control pill and such spell, Montana for the RECORD. support as expressed in regularly shipped medical applications as cortisones and var- The Plum Creek Timber Company, Inc. is care packages of goodies such as pretzels, ious hormone and steroid therapies. jerky, hard candy and greeting cards. The 42. Public Television—The first national the second largest private timberland owner in company also sponsored a welcome-home conference of educators and broadcasters was the United States, including 1.3 million acres brunch for Syme. held at Penn State in 1952 and urged the Fed- in my home state of Montana. As part of the award ceremony, the general eral Communications Commission to set Last month, Plum Creek received the Patriot showed a video called ‘‘A Soldier’s Journey’’ aside licenses for noncommercial use. The Award for contributing to national security which documented the experiences of sol- FCC responded favorably, thus providing the through its personnel policies that support em- diers like Syme before and during recent de- regulatory basis for today’s system of public ployee participation in the National Guard and ployments. television stations. Reserve. ‘‘These are all Montanans—all soldiers who 43. Pure Food—Pennsylvania’s and the Na- deployed,’’ Mosley said. ‘‘Some are still de- tion’s pure food laws stem partly from the On May 19, 2004, Brigadier General Randy ployed.’’ work of pioneer chemist William Frear, who Mosley of the Montana Army National Guard The general said that the nation inten- in the early 1900s analyzed foods for govern- visited Plum Creek’s Columbia Falls, Montana tionally organized the armed services with ment agencies and headed an expert com- office and presented the award, on behalf of dependence on the Reserves and Guard. Once

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JY8.048 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1319 viewed as a strategic reserve, Mosley said servant is certainly commendable and worthy agement and senior ranks of the Intelligence changing times now require citizen soldiers of recognition before this body of Congress Community. This is unlikely to change given to deploy in seven days or less. and this nation today. I, along with my fellow the respective representation of women and ‘‘All of a sudden you receive a phone call minorities in student and career development and your world is turned upside down,’’ he Americans, am grateful for all that she has ac- said. complished during her years of service. programs, and feeder pools. Meaningful steps, According to Mosley, the country has now Ann came to the Federal agencies with a including investment in untraditional initiatives, deployed the largest force of reserves and long history of dealing with the public and the will be required to reverse this trend. guardsmen since World War II. media in southwestern Colorado. She has I commend outgoing Director of Central In- ‘‘This doesn’t work without the support of served as the Public Affairs Specialist for the telligence George Tenet for taking the first in their bosses,’’ he said. San Juan National Forest since 1988, and as- a series of needed steps—the convening of a Mosley serves as assistant adjutant gen- sumed the joint responsibilities of the Bureau panel of distinguished individuals with exten- eral for the Montana Army National Guard. of Land Management Public Affairs Specialist sive Federal government and private sector f for the San Juan Public Lands in 1995. experience. I look forward to reviewing the In her current role, Ann is the lead for all panel’s findings and recommendations, and to PAYING TRIBUTE TO DAVID Forest Service and BLM public affairs and working with the new Director of Central Intel- DUNNAGAN congressional activities, excluding fire related ligence and individual agency directors to en- actions, affecting about 2.5 million acres of sure implementation of constructive programs HON. SCOTT McINNIS public land in southwestern Colorado. She ex- to improve the Intelligence Community’s ability OF COLORADO cels at going beyond the minimal news re- to attract and retain a diverse, highly-skilled IN THE HOUSE OF REPRESENTATIVES lease approach to public affairs by insisting on workforce. Wednesday, July 7, 2004 clear, candid communications with the media f and the public, and by establishing an expec- Mr. MCINNIS. Mr. Speaker, it is my privilege PAYING TRIBUTE TO BILLY O. tation for the public to be informed and to par- HIGHTOWER to pay tribute to David Dunnagan and thank ticipate responsibly in land use decisions. him for his work as Hospital Service Coordi- Mr. Speaker, it is clear that Ann Bond has nator for the Disabled American Veterans De- been an invaluable resource to the Bureau of HON. SCOTT McINNIS partment of Colorado. His years of commit- Land Management and it is my honor to rec- OF COLORADO ment and dedication as a public servant is ognize her service and dedication before this IN THE HOUSE OF REPRESENTATIVES certainly commendable and worthy of recogni- body of Congress and this nation. I am grate- Wednesday, July 7, 2004 tion before this body of Congress and this Na- ful for the opportunity to work with devoted Mr. MCINNIS. Mr. Speaker, it is my privilege tion today. Along with my fellow Americans, I public servants like Ann. On behalf of the citi- to pay tribute to Billy Hightower and thank him am grateful for all that he has accomplished zens that have benefited from the hard work for his work as Mesa County Veterans Service during his years of service. and commitment she has given to the Forest Officer with the Veteran’s Affairs Department. As a Hospital Service Coordinator, David is Service and the Bureau of Land Management His years of commitment and dedication as a stationed at the Grand Junction VA Medical and constituents they serve, I extend my ap- public servant is certainly commendable and Center, and works hard to ensure that the vet- preciation for her years of enthusiastic service. worthy of recognition before this body of Con- erans and their dependents receive the bene- f gress and this nation today. Along with my fel- fits to which they are entitled. David’s primary low Americans, I am grateful for all that he objective is to provide them with the best serv- INTELLIGENCE AUTHORIZATION has accomplished during his years of service. ice possible. ACT FOR FISCAL YEAR 2005 Billy bravely served in the U.S. Air Force as David is a decorated combat veteran, who a jet mechanic in the Korean War, and later SPEECH OF served in the U.S. Army for twelve years from went on to teach psychology and sociology at 1966 to 1978, and retired from the National HON. ALCEE L. HASTINGS both Grand Junction Central High School and Guard in March 1997. He knows firsthand the OF FLORIDA Mesa State College. He became active in struggles and conflicts that veterans and their IN THE HOUSE OF REPRESENTATIVES helping veterans when he began working with families often face, and helps cut through the Wednesday, June 23, 2004 the Disabled American Veterans (DAV) organi- confusion that is often connected with seeking zation serving as the 1976–1977 Colorado veterans benefits. His knowledge and exper- The House in Committee of the Whole State Commander, the 1977–1978 National House on the State of the Union had under tise provides them with the comfort they need. Senior Vice Commander and the 1978–1979 They understand that he is working for them consideration the bill (H.R. 4548) to authorize appropriations for fiscal year 2005 for intel- National Commander. During his tenure at the and securing their future. ligence and intelligence-related activities of DAV, Billy worked on an outreach program for Mr. Speaker, it is clear that David has been the United States Government, the Commu- veterans called Project Forgotten Warrior that an invaluable resource to the Disabled Amer- nity Management Account, and the Central was adopted by the Veterans Affairs Depart- ican Veterans Department of Colorado and it Intelligence Agency Retirement and Dis- ment all across the country. is my honor to recognize his service and dedi- ability System, and for other purposes. In 1979, Billy became a Health Systems cation before this body of Congress and this Mr. HASTINGS of Florida. Mr. Chairman, I Specialist with the Department of Veterans Af- Nation. I am grateful for the opportunity to rise to express my gratitude to the men and fairs. Throughout his eighteen years with the work with devoted public servants like David women of the Intelligence Community for their Veterans Affairs Department his extraordinary Dunnagan. On behalf of the citizens that have service to our country. Indeed, hey are our na- talent and dedication led him to work with the benefited from the hard work and commitment tion’s greatest intelligence asset. Salt Lake City Regional Director, the Virginia he has given to the Disabled American Vet- I also rise to express my continued concern Regional Office Director, and the Veterans Af- erans Department of Colorado and constitu- over the Intelligence Community’s ability to at- fairs Under Secretary for Health. He also ents it serves, I extend my appreciation for his tract and retain a quality workforce that reserved as a Grand Junction Organizational years of enthusiastic service. flects the ethnic and cultural diversity of the Development Specialist, and Patient Advocate f United States. Doing so is required to ensure before taking his current position as the Mesa the Intelligence Community is properly pos- County Veterans Service Officer. PAYING TRIBUTE TO ANN BOND tured to meet the formidable global challenges Mr. Speaker, it is clear that Billy Hightower of the future. has been an invaluable resource to the De- HON. SCOTT McINNIS Data collected by the Intelligence Commu- partment of Veterans Affairs. It is my honor to OF COLORADO nity demonstrates that the proportion of recognize his service and dedication before IN THE HOUSE OF REPRESENTATIVES women and minorities in the Intelligence Com- this body of Congress and this nation. I am munity continues to be significantly lower than grateful for the opportunity to work with de- Wednesday, July 7, 2004 their representation in the general Federal voted public servants like Billy. On behalf of Mr. MCINNIS. Mr. Speaker, it is my privilege government and private sector workforce. the citizens that have benefited from the hard to pay tribute to Ann Bond and thank her for While some improvements have been made work and commitment he has given to the De- her work as a Public Affairs Specialist with Bu- by individual agencies in select areas, one fact partment of Veterans Affairs and the constitu- reau of Land Management (BLM). Her years remains—Women and minorities remain ents it serves, I extend my appreciation for his of commitment and dedication as a public underrepresented in core mission areas, man- years of enthusiastic service.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JY8.053 E08PT1 E1320 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 PAYING TRIBUTE TO LINDA KOILE ‘‘Bev,’’ as they are affectionately known, have providing information about the business of committed to Fort Lewis College as contrib- farming, and creating a scholarship in Routt HON. SCOTT McINNIS uting members of the academic community for County for 4-H students. OF COLORADO many years, and I think it is appropriate to Mr. Speaker, I am pleased to acknowledge IN THE HOUSE OF REPRESENTATIVES highlight their efforts before this body of Con- the contributions of Curtis Mucklow before this gress and this nation today. body of Congress and this nation. He has Wednesday, July 7, 2004 Reg and Bev have dedicated their lives to worked hard to improve agriculture in Routt our youth’s education. At Fort Lewis College, Mr. MCINNIS. Mr. Speaker, I rise to pay trib- County. He is known for his passion for his job Reg taught as a professor in business and ute to Linda Koile of Oak Creek, Colorado, in addition to his knowledge. I thank Curtis for Bev taught as a specialist in learning and writ- and to thank her for her service to her com- his work in the Steamboat Springs community ing. In addition to her time teaching higher munity. Linda is the town’s new code enforce- and wish him luck in his future endeavors. ment officer, a position that requires great education, Bev also taught music at the ele- commitment and dedication to her community. mentary and middle levels. Fort Lewis College f Linda is a valuable member of her community has always been important to Reg and Bev, and I am honored to recognize her commit- and now that they are retired from teaching, it RECOGNIZING DR. ROBERT A. ment before this body of Congress and this still remains special. Recently, in order to bet- COOK ON HIS 50TH BIRTHDAY nation today. ter Fort Lewis College, they donated to endow A resident of Oak Creek, Linda jumped at a chair in the business department. This pro- the opportunity to serve the citizens of her vides one source of funding to staff edu- HON. NITA M. LOWEY hometown when the job as the town’s code cational positions in the business department. enforcement officer became available. Linda Reg and Bev are committed to the commu- OF NEW YORK was excited to fill the opening and ready to nity beyond the walls of the classroom. Jump- IN THE HOUSE OF REPRESENTATIVES begin a new challenge. Accepting the job re- ing at an opportunity to take part in the public quired Linda to teach herself a new occupa- education and positively impact students prior Wednesday, July 7, 2004 tion. Being a code enforcement officer re- to college, Reg chaired the committee for quires extensive knowledge of the municipal school improvement in the Durango School Mrs. LOWEY. Mr. Speaker, I rise today to codes and of law enforcement. Linda felt she District. Reg’s additional dedication to the commend and honor Dr. Robert A. Cook, Doc- could do a better job and better serve her community is apparent through his work as a tor of Veterinary Medicine, of Larchmont in the town if she furthered her education. With that member of Kiwanis and as a planner of Meals 18th Congressional District of New York. On in mind, she financed her own training at the on Wheels for the First United Methodist Saturday, July 10, surrounded by friends and Colorado Mountain College Law Enforcement Church. Bev is a member of Phi Delta Kappa family, he will celebrate his 50th birthday. Academy. Upon graduation, Linda will join the and active in both the Methodist Church Choir Dr. Cook has long been committed to the Oak Creek Police Department as an official of- and Durango Society. practice of veterinary care. His passion for his ficer, both enforcing the town’s municipal Mr. Speaker, it is my pleasure to honor Reg work has led him on a constant search for codes and assuming additional responsibil- and Bev Graham before this body of Congress new skills, and new ways to use those skills ities. and this nation today. Reg and Bev are estab- to enhance the well-being of animals and wild- Mr. Speaker, I believe it is appropriate to lishing a legacy that reflects their commitment life. honor the hard work and selflessness of Linda to excellence in education at Fort Lewis Col- Dr. Cook’s career is a testament to his com- Koile before this body of Congress and this lege. I praise Reg and Bev for their dedication mitment to both public service and personal nation. I am a former police officer, and I un- to education as seen through their work as fulfillment. He has blazed trails to improve his derstand the challenges that law enforcement faculty members and their continued support profession and expand its public mission. As presents. Her work demonstrates how commit- of Fort Lewis College. I wish them the best in the Chief Veterinarian, Director of Wildlife ment and dedication from people like Linda their future endeavors. Health and then Vice President of Wildlife can strengthen the community. I thank Linda f Health, of the Wildlife Conservation Society in for her work and wish her all the best in her PAYING TRIBUTE TO CURTIS the Bronx, New York, Dr. Cook has lead wild- future endeavors. MUCKLOW life health care at Central Park, Queens, and f Prospect Park Wildlife Centers, the Bronx Zoo, PERSONAL EXPLANATION HON. SCOTT McINNIS the New York Aquarium and the Wildlife Sur- OF COLORADO vival Center in St. Catherines Island, Georgia. HON. CHARLES H. TAYLOR IN THE HOUSE OF REPRESENTATIVES This work has spurred Dr. Cook to pioneer OF NORTH CAROLINA Wednesday, July 7, 2004 veterinary care for free-ranging wildlife, to IN THE HOUSE OF REPRESENTATIVES forge invaluable expansions of the public’s in- Mr. MCINNIS. Mr. Speaker, it is my privilege volvement and commitment to wildlife care, Wednesday, July 7, 2004 to rise and pay tribute today to Curtis Mucklow and to take the lessons learned in the great Mr. TAYLOR of North Carolina. Mr. Speak- of Steamboat Springs, Colorado for his work state of New York around the globe. From Bo- er, on July 6, 2004 on Rollcall Vote 327, I in- in the agricultural community. Curtis has dedi- livia to Bangkok, and from Tanzania to Thai- advertently cast a ‘‘nay’’ vote. It was my inten- cated his career to providing the educational land, Dr. Cook applied his unique skills and tion to vote ‘‘aye’’ on the resolution. I would resources necessary for successful cultivation programs, and shared them with other parts of ask that the record reflect my intention to vote of agriculture in his community, and it is my the world where they can be of help. ‘‘aye’’ on H. Con. Res. 257, expressing the pleasure to recognize Curtis before this body of Congress and this nation. Dr. Cook’s work as a veterinarian for the sense of Congress that the President should Wildlife Conservation Center is impressive in posthumously award the Presidential Medal of Curtis’s first involvement with agriculture was as a ranch hand in Clark, Colorado. From its own right, but I am staggered by the pow- Freedom to Harry W. Colmery. erful example he has set with his commitment f there he went on to receive his bachelors and masters degree in animal science, and began to the public mission of his organization and PAYING TRIBUTE TO REGINALD a career as an extension agent in Elbert profession. Dr. Cook’s expansive view of his AND BEVERLY GRAHAM County. As an extension agent, he works as own role has allowed the success of his work an educational liaison to develop resources for to be amplified far beyond the bounds of what HON. SCOTT McINNIS the agricultural community and identify and im- we might expect from one person. It is a shin- plement solutions to agricultural problems. In ing example to all of us that commitment to OF COLORADO community and others can provide the truest IN THE HOUSE OF REPRESENTATIVES 1989, he assumed the role of extension agent for Routt County, a job that would allow him and best rewards. Wednesday, July 7, 2004 to be a major influence on agriculture in Mr. Speaker, in closing I would like to pay Mr. MCINNIS. Mr. Speaker, I rise today to Steamboat Springs and the surrounding area. tribute to Dr. Robert A. Cook on the occasion pay tribute to Reginald and Beverly Graham of During his tenure, he has achieved many suc- of his 50th birthday, and I ask my colleagues Durango, Colorado, and their tireless dedica- cesses. Significant achievements include cre- to join me in congratulating him for all that he tion toward educating our youth. ‘‘Reg’’ and ating the ‘‘Guide to Rural Living,’’ a source has accomplished.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JY8.004 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1321 PAYING TRIBUTE TO KERRY ico. It was purchased in 1963 by funds raised PAYING TRIBUTE TO ROBERT C. KERRIGAN through Girl Scout cookie sales. YOUNG Rancho replaced Camp Elza Seligman, HON. SCOTT McINNIS which had served the girls of the council since HON. SCOTT McINNIS OF COLORADO the early 1940’s. Camp Seligman, located OF COLORADO IN THE HOUSE OF REPRESENTATIVES near Ponderosa, was no longer adequate for IN THE HOUSE OF REPRESENTATIVES Wednesday, July 7, 2004 the growing needs of the council. Parents and Wednesday, July 7, 2004 Mr. MCINNIS. Mr. Speaker, it is my honor to friends of Girl Scouts raised funds through a Mr. MCINNIS. Mr. Speaker, it is with a rise to pay tribute to Kerry Kerrigan of Steam- Capital Campaign in 1967, and Rancho was heavy heart that I rise today to pay tribute to boat Springs, Colorado for her courage as a dedicated on July 13, 1969. It was designed the life of Robert Charles Young of Grand citizen and her dedication as a teacher. She is by the architectural firm, George Wright Asso- Junction, Colorado. Robert, known affection- a valuable source of inspiration and strength ciates, and built by La Mesa Builders, Inc. ately as ‘‘Bob’’, leaves behind a legacy of hard in her community, and I am honored to recog- work and dedication to his community and I nize her accomplishments before this body of Today, Rancho’s El Bosque continues to am honored to remember his life before this Congress and this nation today. welcome Brownie, Junior, Cadette and Senior body of Congress and this nation today. An athletic young woman, Kerry was a skier Girl Scout troops, along with their leaders, for Bob was a Colorado native, born and raised and a gymnast before her bone cancer diag- an exciting camp experience. El Prado—with in Denver. Living in Denver, he went on to noses left her no option, but to amputate one its Adirondacks, hogans and covered wag- study accounting, a profession that would of her legs. This slowed her down, but the set- ons—houses individual girls participating in a shape his career. In 1944, a possible business back would not prevent her from pursuing her variety of outdoor activities. prospect moved Bob to Glenwood Springs. yearning to educate our youth. She is cur- This began his career as the consummate Rancho develops girls strong in mind, body rently a successful elementary school teacher businessman. Using his business savvy, Bob that makes a difference in her student’s lives. and spirit by creating a cooperative and sup- saw an opportunity to capitalize on his ac- In recognition of her excellent teaching portive community that encourages self-reli- counting expertise to service a market devoid record, she was a runner up for 2000 Colo- ance and self-discovery. Girls experience hik- of other accountants. Seeking to better serve rado Teacher of the Year, one of five to re- ing, horseback riding, arts and crafts, camp- his community, he accepted a position in pub- ceive the honor. Her passion for teaching fires, star gazing, archery, canoeing, and lic service when he was elected as the Justice compliments her courageous life. Recently she much more. There are even programs for the of the Peace in Glenwood Springs, a position rescued a struggling young girl from Charlie’s entire family. which later changed in title to municipal judge. Hole rapids on the Yampa River. As an active After retiring from his accounting firm Bob During the celebration, there will be a me- leader in the community, she partakes in lead- took time to relax and enjoy the simple things ership roles in the Humble Ranch Education morial dedication to Captain Tamara Long- in life. He had a penchant to see the world and Therapy Center and the Steamboat Mara- Archuleta, a former Chaparral Girl Scout, who and fulfilled it by traveling with his wife, Jeris. thon children’s fun run. Kerry is still able to was tragically killed last year in Afghanistan. In 2002, he moved with his wife to Grand maintain an active lifestyle, and enjoys Tammy was the copilot of the helicopter that Junction, Colorado, a community where he kayaking, swimming and mountain biking. crashed while on a rescue mission, killing all had many friends. People will remember Bob Mr. Speaker, it is my great pleasure to six aboard. She was from Adelino, near Belen, most for his close personal relationships with share Kerry Kerrigan’s good works with this and her life was a shining example of what his family and friends. He made it a point to body of Congress and this nation. Her record being a Girl Scout is all about. Tammy was meet everyday with friends over a cup of cof- of achievements in the community is so con- valedictorian of her class and a world karate fee at one of his favorite local restaurants. sistent that nothing she does can surprise the champion. She graduated from the University Mr. Speaker, the communities of Grand people of the Yampa Valley. I recognize her of New Mexico with honors, and while there Junction and Glenwood Springs will sorely extra effort and thank her for her deeds. miss Robert Charles Young. He will be re- became involved with Air Force ROTC. She f membered for his work in business as well as had wanted to become a fighter pilot, but in- public service, but most of all, he will be re- RANCHO DEL CHAPARRAL GIRL stead decided to do rescue work. membered as a great friend. I wish to express SCOUT CAMP CELEBRATES 35TH Tammy left behind a 3-year-old son and my deepest sympathies to his family and ANNIVERSARY planned to marry a fellow Air Force pilot. friends. Sadly, she was two weeks away from return- f HON. TOM UDALL ing home when the accident occurred. OF NEW MEXICO THE TRANSPORTATION BILL Girl Scouts of Chaparral Council serves IN THE HOUSE OF REPRESENTATIVES more than 6,800 girls and 2,500 adults in nine Wednesday, July 7, 2004 HON. NICK J. RAHALL II counties in New Mexico and five counties in OF WEST VIRGINIA Mr. UDALL of New Mexico. Mr. Speaker, I southwestern Colorado. Chaparral Council is IN THE HOUSE OF REPRESENTATIVES would like to recognize the 35th anniversary of committed to helping girls, ages 5–17, develop Wednesday, July 7, 2004 the Girl Scouts of Chaparral Council’s resident values, social consciousness, self-esteem and camp, Rancho del Chaparral, located on 1,200 skills for success in the future. I have met Mr. RAHALL. Mr. Speaker, I rise today to discuss the Transportation bill. As the remain- acres of forest, river and meadow in the hundreds of Chaparral Girl Scouts over the Jemez Mountains. ‘‘A piece of blue sky and all ing days until the August District Work Period years and am constantly reminded through there is beneath it’’ is the theme for Rancho, tick down, it is looking more and more likely as it is affectionately called. these experiences, our younger generations as though we are not going to get a bill final- On July 17, Girl Scouts from New Mexico are ready, willing, and able to assume their ized this year. and across the United States will reunite to rightful role as tomorrow’s leaders. This is a sad state of affairs. The White mark this historic occasion, exemplifying the Mr. Speaker, Rancho del Chaparral will for- House clearly does not want us to finalize this strong bond of friendship that young women ever be a place where friendships flourished bill in an election year, and the House Repub- gain through their Girl Scout experiences. and lessons were learned about life and the lican Leadership just follows the orders of the Such relationships are vital for young women importance of our natural resources. Most of Cheney-Bush Administration. We should complete the bill, and if the White House wants to and foster an appreciation for helping others, all, these women were instilled with the Girl whether it be in the community, at school, or veto it, it can go ahead; there are clearly Scout tradition, something they have passed at home. It is clear that these women have enough Republican and Democrat votes to cherished the spirit of the Girl Scout tradition down to their children and grandchildren. override a veto and get the Transportation bill as they now gather 35 years later to renew Thousands of girls’ lives have been touched finished. But by doing nothing, the House Re- their friendships. and enriched through their experience with the publican leadership is siding with the White Rancho is located on part of the San Diego Chaparral Council. I am pleased to commemo- House, and it is preventing Congress from Land Grant bestowed to Francisco Garcia de rate the 35th anniversary of this very special carrying out its Constitutional role as a co- Noreigo in 1790 by the Governor of New Mex- place that has meant so much to so many. equal branch of government.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JY8.007 E08PT1 E1322 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 To add insult to injury, the Washington Post field, Kimball, Mount Hope and all those an- record of accomplishments in his time, as a reported on July 3, 2004, on page A9, that the ticipating construction jobs for I–73/74 have teacher and a coach. He first began as a full White House has only spent $366 million of lost a year in financing. time teacher and assistant basketball and foot- Maybe voters should find out which Rep- the $18.4 billion that it got Congress and the resentatives are holding up the bill and re- ball coach in 1960 at Rifle High School. Over Republican Leadership to appropriate for Iraqi member them in November. his time spent coaching, Jack served as a reconstruction. Why the Cheney-Bush White head or assistant coach, coaching both boys f House won’t now spend the money that it in- and girls in five different sports. Now, he stays sisted it needed is anybody’s guess. But this PAYING TRIBUTE TO TOM SHARP active in the education of our youth, serving is money that could and should have gone to as an assistant coach for the girl’s basketball reinvestment in America rather than into Iraq HON. SCOTT McINNIS team. Mr. Speaker, it is my privilege to recognize in the first place. Instead, it lies unused and OF COLORADO Jack Smith for his work as a coach and a serving no purpose. IN THE HOUSE OF REPRESENTATIVES Under the Constitution, as my dear friend teacher at Rifle High School. Teachers and Wednesday, July 7, 2004 Senator BYRD has noted so many times, it is coaches play a very important role in devel- the responsibility of the Congress to decide Mr. MCINNIS. Mr. Speaker, today I rise to oping our next generation’s leaders. Jack’s how federal funds should be spent; it is not honor the achievements of Tom Sharp of passion for coaching demonstrates a tremen- the White House’s role. Yet, this White House Steamboat Springs, Colorado. Tom has dous commitment to the future of our nation’s has insisted on investing in Iraq rather than played an important role in the community as youth. I thank Jack for his service to the com- America, and it has gotten its way even if it exemplified through his work as a business- munity and wish him the best of luck in his fu- doesn’t know what it wants to do with the man and a civic leader. It is my pleasure to ture endeavors. money. recognize his efforts before this body of Con- f States like my home state of West Virginia gress and this nation today. HONORING MANATAWNY MANOR have been waiting for far too long now to see Tom grew up in a rural community in Monte just what, if anything, they could expect to re- Vista, Colorado. After law school, he tried city HON. JIM GERLACH ceive from the federal government in order to life when he worked as a clerk for a judge, but OF PENNSYLVANIA finance important highway and transit projects, found living in the city unfulfilling. He soon IN THE HOUSE OF REPRESENTATIVES to focus on congestion mitigation, and to pro- moved to Steamboat Springs, finding the vide good-paying jobs that are sorely needed smaller community provided an environment Thursday, July 8, 2004 in this uncertain job market. more conducive to his lifestyle. Tom has since Mr. GERLACH. Mr. Speaker, I rise today to Mr. Speaker, I have an editorial from a dis- ascended forty of Colorado’s 14,000 foot honor Manatawny Manor in recognition of 30 tinguished newspaper in my district, the Blue- mountains locally named ‘‘Fourteeners.’’ He is years of dedicated service to the senior citi- field Daily Telegraph, which I would like to also an avid skier. zens of Chester County, Pennsylvania. submit for the record to accompany my re- Reaching the summit of mountains is the- On July 8, 1974, Manatawny Manor opened marks. This insightful viewpoint from yester- matic in Tom’s life. He pursues challenges in its doors to provide care for senior citizens in day’s paper demonstrates quite clearly the his business and personal life, the same way need. It was founded by two notable men: problems with which we are saddling the he climbs the mountains. The goal is the top, Thomas Natoli and Frank Genuardi. These states due to Congressional inaction. The arti- and he will reach it. One of his most notable men created Manatawny Manor with a vision cle reads as follows: contributions to the community is his work in of providing unsurpassed service to the senior FUNDING SETBACK: HOUSE DELAYS HIGHWAY, water law. Starting in 1977, he served on the citizens of Chester County. Originally, STREETSCAPE WORK board of directors for the Upper Yampa Water Manatawny Manor was a one-story structure Not only did the U.S. House’s extension of Conservancy District. Recently, he expanded with 99 beds and five nursing staff members. the federal highway funding bill last week his role in water rights statewide by assuming On its first night of operation, there was only cause a slow down on financing new or con- the Governor appointed position on the Colo- one resident. Since then, the numbers of citi- tinued construction on I–73/74 through the rado Water Conservation Board. Tom has zens that Manatawny Manor has cared for has West Virginia coalfields area, it also causes never taken his civic responsibility lightly. He greatly increased. In the past thirty years, problems for existing programs that rely on served on the local school board, the local Manatawny Manor has provided and cared for the bill. county board for Habitat for Humanity, and over 4,897 residents. One such project is the downtown Just four years after Manatawny Manor Streetscape project in Bluefield. other local boards for local businesses. The program is ready for Phase II, a refur- Mr. Speaker, I am honored to recognize the opened, substantial improvements were made bishing of Chicory Square between Bland and work Tim Sharp has done for the community. to the facility. In 1978, a 107 bed personal Federal streets. It is under the leadership of people like Tom care unit opened and, in 1986, an adult day The city earlier received funding for an ex- that a small town builds a strong cohesive care facility was added. The day care facility tensive project in downtown that involved community. His work is commendable and I made more services available to senior citi- sidewalk replacement, new lighting and the wish him all the best in his future endeavors. zens and can accommodate up 28 clients. installation of high-tech communications in- f Increased need for bed capacity in 1989 frastructure. Phase I got underway in 2003. and 1996 led to renovation projects that ex- City officials said the Coal Heritage Au- PAYING TRIBUTE TO JACK SMITH panded upon the original building, bringing the thority has three projects that can’t be started until a new highway bill is approved. number of beds to 133. These additions and Bluefield officials were hoping for a HON. SCOTT McINNIS improvements were not focused solely on bed smooth transition between the first two OF COLORADO space, but also on improvements in the ad- phases of the downtown Streetscape project IN THE HOUSE OF REPRESENTATIVES ministrative offices, and the Rehabilitation with the passage of a new six-year federal Services Department. highway administration spending bill. Wednesday, July 7, 2004 In 1998, Manatawny Manor was purchased But, for the fourth time, the majority Mr. MCINNIS. Mr. Speaker, it is my pleasure by the Lutheran Home at Topton, thus becom- party in the House has decided to use its to rise and recognize the dedication of Jack ing a part of Lutheran Services Northeast. On power to delay consideration and passage of the bill. Smith of Rifle, Colorado to our youth as a January 1, 2000, through the affiliation of Lu- Needing even more funding, the King Coal teacher and coach at Rifle High School over theran Services Northeast and Tressler Lu- Highway Association, which joins Tolsia the past forty-five years. Jack has been instru- theran Services, Manatawny Manor became a Highway in the 1–73/74 project through the mental in shaping the lives of student-athletes facility of the Diakon Lutheran Social Min- southern coalfield counties from Huntington in his community. I am honored to recognize istries. Diakon is a private, non-profit chari- to Bluefield, is awaiting millions of dollars his accomplishments before this body of Con- table organization of the Evangelical Lutheran to carry through with work already planned gress and this nation today. Church of America. Diakon Lutheran Social on the $2 billion undertaking. They had Born in Cotopaxi, Colorado, Jack graduated Ministries has sought to provide the very best hoped to be able to move forward with those projects this summer. from Florence High School. He went on to in long-term care through continuing care re- Most political observers think there will be serve this nation in the United States Marine tirement communities, assisted living services, no action on the new federal spending act Corps, and, following his military service, grad- special care for those with dementia or Alz- until after the November presidential elec- uated from Western State College and went heimer’s disease, short and long-term care tion. That means communities like Blue- into teaching. He has amassed an impressive skilled nursing, and outpatient rehabilitation.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JY8.058 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1323 Mr. Speaker, I ask that my colleagues join In January 1985, Officer Ruffin was as- Youth Administration and before long arrived me today in recognizing Manatawny Manor signed to the 79th precinct. He performed pa- at the Ohio Bureau of Employment, a destina- and Diakon Lutheran Social Ministries for 30 trol duties there for ten years. Later, in 1995, tion that was to direct his future as a prolific years of exceptional long term care and serv- he was assigned as the Explorer/Auxiliary Co- public servant and consummate community ice to the people of Chester County, Pennsyl- ordinator, making him responsible for the su- citizen. vania. pervision of the Explorer and Auxiliary mem- Chester Gray was a brave man. In 1965 he f bers. was the lone Black man who was part of a For the past four years, Officer Ruffin’s ex- three-man team of officials who traveled into PAYING TRIBUTE TO THOMAS perience and expertise has resulted in im- the heart of Klu Klux Klan territory in Bir- PETERSON proved community relations. He has accom- mingham, Alabama. Their mission was to end plished this by developing a prosperous part- job discrimination in the local steel mill. The HON. SCOTT McINNIS nership between the community and the 79th officials endured insults, threats and possible OF COLORADO precinct, which has been instrumental in clos- physical harm, but they got their job done. IN THE HOUSE OF REPRESENTATIVES ing the gap between the community and po- They told the employers they’d have to follow Thursday, July 8, 2004 lice. He encourages his fellow officers to be- minority guidelines mandated by the Civil come more involved and concerned with the Rights Act of 1964. Thus began a new era in Mr. MCINNIS. Mr. Speaker, I would like to neighborhood in the area they serve and pro- employment. take this opportunity to pay tribute to the life Reflecting on his years and training at John and memory of Thomas Peters of Durango, tect. Officer Ruffin has also successfully collabo- Carroll University ‘‘Chet’’ gave evidence of his Colorado. Thomas passed away after a long rated with local officials, neighborhood organi- quick humor. Describing sitting through the fight with kidney disease at the age of fifty- zations, schools, and churches in Bedford daily Mass conducted in Latin he said, ‘‘There nine. He proudly served our country and Stuyvesant to strengthen the community. He was an equality of ignorance. None of us worked hard to maintain his own business. As has also played an active role in organizing knew what the hell was going on.’’ He also his family and community mourn his passing, youth programs, parades, demonstrations, ral- noted that the skills he learned in critical think- I think it is appropriate to recognize his life lies, and various events. For all of his con- ing and understanding people were tolls that and legacy before this body of Congress and tributions, Officer Ruffin has received numer- served him throughout his life. this nation. Perhaps one of the most profound life les- At the ripe age of ten, Thomas first began ous awards for his community service. Mr. Speaker, Steven Ruffin has dedicated sons Chester carried away from John Carroll his long career as a Durango businessman. was ‘‘The bedrock of the Jesuit philosophy of both his professional and personal life to Preparing him to takeover, Thomas’s father doing good for others. Do the best you can for strengthening the community. As such, he is started grooming him as a young employee in yourself, but also do something to make life more than worthy of receiving our recognition the family business, Peterson Office Supply. In better.’’ He spent his life practicing the philos- today and I urge my colleagues to join me in 1971, his father passed away and Thomas as- ophy and had Ninety-Two glorious years of honoring this truly remarkable person. sumed control of the family business. Leaving taking small and giant steps to make life better his business legacy behind, Thomas’s pres- f for his community. ence as a business leader and longstanding CHESTER GRAY LET THE WORK I’VE DONE SPEAK FOR ME staple of the Durango community will be sore- May the work I’ve done speak for me. ly missed. When I’m resting in my grave, there is noth- A proud citizen, Thomas served our country HON. STEPHANIE TUBBS JONES ing that can be said. May the work I’ve done, with honor for twenty-three years as a mem- OF OHIO speak for me. May the life I’ve lived speak ber of the National Guard. He retired from IN THE HOUSE OF REPRESENTATIVES for me. May the service I gave speak for me. When I’ve done the best I can, and my service in 1988 as a First Sergeant. In addi- Thursday, July 8, 2004 friends don’t understand, may the service I tion to his service, he spent thirty-years as a Mrs. JONES of Ohio. Mr. Speaker, today I gave speak for me. The works I’ve done committed member of the Elks Lodge. As a rise to honor Chester Gray of Cleveland, Ohio. seemed so small. Sometimes they seemed leader in the community, Thomas was a trust- Chester Gray, born on April 1, 1912, in like nothing at all. But when I stand before ee for the Elks Lodge. Cleveland, Ohio, was one of two sons born to my God. I want to hear Him say ‘‘Well Mr. Speaker, it is my honor to rise and rec- Done.’’ May the work I’ve done speak for me. Morgan J. Gray and Elandra Holt Gray. Mor- National Youth Administration, youth su- ognize the life of Thomas Peterson today. The gan, a Pullman Porter, originally from London, Durango community will remember Thomas pervisor and state supervisor of recreation Ontario, and Elandra, daughter of a Canadian and community affairs for his big heart and willingness to give to oth- Baptist minister, raised their sons in an ‘‘upper Chief of Minority Group Services, Ohio Bu- ers. As a loyal and trusting individual, he dem- poor’’ but loving home. Throughout his life reau of Employment Service onstrated the strengths of America’s smaller American Red Cross, Military Welfare Chester valued advice he received from his Branch communities. I would like to express my deep- mother, ‘‘Be yourself, and be somebody.’’ He est regrets and extend my sympathy to the Deputy director of operations, Ohio Civil also shared his parent’s belief in the efficacy Rights Commission family and friends of Thomas Peterson. of education. Staff Director of Equal Employment Op- f After graduating from Cleveland’s East High portunity Program for Cleveland district School, Chester wanted to attend Fisk Univer- contact management office of U.S. Air Force A TRIBUTE TO STEVEN RUFFIN Director, U.S. Equal Employment Oppor- sity, however his father advised him to stay tunity Commission for Ohio HON. EDOLPHUS TOWNS home. A friend took him to meet the Jesuits, Elected to John Carroll University board and soon he was riding the streetcar to the of trustees OF NEW YORK college at West 30th Street. So began his life- Consultant, Cleveland Board of Education IN THE HOUSE OF REPRESENTATIVES time association with his alma mater John Interim executive director for Cuyahoga Thursday, July 8, 2004 Metropolitan Housing Authority Carroll University. Chester enjoyed sharing Appointed to John Carroll University Mr. TOWNS. Mr. Speaker, I rise in honor of memories about John Carroll where he was board of regents Steven Ruffin in recognition of his tireless ef- one part of the trio of young black men who Inspiration and Consultant for ‘‘Forever forts to strengthen the community through his were the first men of color to attend the Uni- JCU’’, the first ever alumni of color event work as a member of the New York City Po- versity. Former Board member Fairhill Center for Chester, ‘‘Chet’’ had a life filled with many Aging lice Department. Guest Lecturer: Michigan State Univer- Steven Ruffin was born and raised in the interests. As a youngster he ice skated with sity, Western Reserve University and numer- Bedford Stuyvesant community in Brooklyn. his buddies at the old Elysium or played sand- ous public and private organizations He is the oldest of four children. His interests lot football. At John Carroll he played the Member and Former Trustee, Mt. Zion include jazz, Afro-centric art, sports and work- French Horn and was a member of the univer- Congregational Church ing with the community. sity’s first marching band. ‘‘Chet’’ dreamed of Member of: Omega Psi Phi Fraternity Inc., He was appointed to the New York City Po- attending medical school after earning his Tau Boule of Sigma Pi Phi Fraternity and past President of Cleveland City Club lice Department on January 21, 1985 and was bachelor in Philosophy, however money was ‘‘Service is the rent we pay to be living. It assigned to the Neighborhood Stabilization short so, he ventured in other directions: He is the very purpose of life and not something Unit, where he performed foot patrol within the worked at the Cedar Branch YMCA, volun- you do in your spare time’’ 73rd, 75th and the 81st precincts. teered at Karamu House, joined the National —MARIAN WRIGHT EDELMAN.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K08JY8.001 E08PT1 E1324 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 Chester Gray was constantly described as Marrisol Moreno. Mourning his death are also Mr. Speaker, I ask that you join me in con- ‘‘a gentleman’’, one of a vanishing breed of his mother, Sandra E. Iracheta, and her hus- gratulating each of these students on their men who was elegant, articulate and cultured. band, Noe Iracheta; father, Gerardo Moreno; dedication to scholarship and commitment to But he was more, he was compassionate, a brother, Jose J. Moreno; stepsisters, Yara and community service. Their enthusiasm for friend, a supporter and mentor. He had high Yadira Perez; grandmother, Rita Iracheta of learning and helping others is admirable, and standards and expectations. ‘‘Chet’’ or as he Terrell; grandfather, Israel Iracheta of San An- I am certain that they will continue to excel in liked to refer to himself, ‘‘The Silver Fox’’, had tonio, and other family members. these areas and remain leaders in their com- a zest for living. Unaffected by the passage of Mr. Speaker, Gerardo left Texas in defense munity. time he was debonair, worldly, a man of great of our Nation, and he returned to Texas a f humor, twinkling eyes and a broad smile. He hero. He made the ultimate sacrifice for our believed in finding positive solutions and be- Nation, and we are forever indebted to him TRIBUTE TO MS. DORCAS R. lieved in conciliation. and to our brave men and women who are HARDY Chester had a Forty-Seven year long love serving in our armed forces. As we adjourn affair with his beloved Frances, who preceded today in the House of Representatives, let us HON. HENRY E. BROWN, JR. him in death. They were blessed with one son, do so by joining with the good citizens of OF SOUTH CAROLINA Chester, Jr. a resident of Philadelphia, Pa. Terrell in honoring this American hero, Sgt. IN THE HOUSE OF REPRESENTATIVES Gerardo Moreno, and extending our deepest Chester lived life to the fullest: golfing, trav- Thursday, July 8, 2004 eling, dancing, cooking, reading, writing, prac- condolences to his family and friends. May ticing Tai Chi, sharing time with his wonderful God bless them and bring them comfort in Mr. BROWN of South Carolina. Mr. Speak- world of diverse friends. He was indeed a their time of sorrow. er, I rise today to pay tribute to Ms. Dorcas R. ‘‘Man for all Seasons’’. We will miss him, but f Hardy, who, among her many noteworthy accomplishments, served as the Chairman of the remember him with love. CONGRATULATING INDUCTEES Vocational Rehabilitation and Employment f AND MEMBERS OF THE NA- (VR&E) Task Force. TIONAL JUNIOR HONOR SOCIETY A PROCLAMATION RECOGNIZING In May 2003, VA Secretary Anthony Principi OF BELL OAKS UPPER ELEMEN- AUBRIE WASICEK established the Task Force to give the VR&E TARY SCHOOL IN BELLMAWR, program ‘‘an unvarnished, top-to-bottom inde- NEW JERSEY HON. ROBERT W. NEY pendent examination, evaluation, and anal- OF OHIO HON. ROBERT E. ANDREWS ysis.’’ Chairman Hardy fulfilled the challenge IN THE HOUSE OF REPRESENTATIVES with an extensive testimony before the House OF NEW JERSEY Veterans’ Affairs Committee on the operations, Thursday, July 8, 2004 IN THE HOUSE OF REPRESENTATIVES findings, and recommendations to improve the Mr. NEY. Mr. Speaker: Thursday, July 8, 2004 VR&E program. Whereas, Aubrie Wasicek is an outstanding Mr. ANDREWS. Mr. Speaker, I rise today to Included among the Task Force’s 100-plus student and loving daughter; and congratulate and recognize the newest induct- recommendations is a new, five-track employ- Whereas, Aubrie Wasicek has been ac- ees and two-year members of the National ment process aimed at assisting veterans with knowledged by Adams Elementary School for Junior Honor Society of Bell Oaks Upper Ele- finding and retaining employment. The report her outstanding academic achievements; and mentary School in Bellmawr, New Jersey. also includes recommendations focusing on Whereas, Aubrie Wasicek should be com- These students have earned this recognition four categories: programs, organizations, work mended for her academic excellence, for her due to their excellence both inside and outside processes, and integrating capacities. Ms. dedication to learning, and for her willingness the classroom, and they should be proud of Hardy summarized the recommendations best to obtain and share the knowledge she has their accomplishments. by saying that they are necessary for the pro- gained; and The National Junior Honor Society was es- gram ‘‘to be effective in the 21st Century’’ and Therefore, I join with the residents of the en- tablished in 1929, 8 years after the establish- they will help ‘‘to communicate to veterans tire 18th Congressional District of Ohio in hon- ment of the National Honor Society. Both or- and partners that the purpose of the program oring and congratulating Audra Wasicek for ganizations were established to recognize out- is employment.’’ Indeed, long-term sustained her outstanding accomplishment. standing students who demonstrate excellence employment should be the goal of every voca- f in the areas of Scholarship, Leadership, Serv- tional rehabilitation participant. ice, and Character. Students are expected to Ms. Hardy received her B.A. from Con- MOURNING THE LOSS OF SGT. demonstrate proficiency not just in their class- necticut College, her M.B.A. from Pepperdine GERARDO MORENO room studies, but in school activities and com- University, and completed the Executive Pro- munity service as well. Each of the recent in- gram in Health Policy and Financial Manage- HON. RALPH M. HALL ductees and current members of the Bell Oaks ment at Harvard University. OF TEXAS National Junior Honor Society is to be com- Ms. Hardy is also the President of Dorcas IN THE HOUSE OF REPRESENTATIVES mended for their dedication to knowledge and R. Hardy & Associates, a government rela- service. Thursday, July 8, 2004 tions and public policy firm serving a diverse On May 24 at 7 p.m. Bell Oaks Upper Ele- portfolio of clients in the health services, insur- Mr. HALL. Mr. Speaker, I rise today to ex- mentary School inducted the following 7th ance, financial and associated industries. She press my deep sorrow for the loss of a young Graders: Caitlin Concannon, Charles Dyer, has a distinguished record of public service soldier from my district, Sgt. Gerardo Moreno, David Funk, Breelynn Hammerle, Jake culminating with her appointment in 1986 by 23, of Terrell, Texas. Gerardo, who was as- Huffner, John Ippolite, Maryam Jamil, Erica the late President Ronald Reagan as the signed to the 1st Battalion, 5th Cavalry, 1st Lopez, Jacob McGranaghan, Stephen Miles, Commissioner of Social Security. Cavalry Division based in Fort Hood, Texas, Joseph Newsham, Priyanka Patel, Charles With Ms. Hardy’s continued dedication to died on April 6 in Ashula, Iraq, in support of Robinson, Mark Unger, Judith Wallen, Brett public service, America and her veterans ben- Operation Iraqi Freedom. He had been in Iraq Walren, and Lidia Wilczynska. The 8th Grad- efit. For this, I pay her tribute. since early January and was killed in a gre- ers inducted were Justin Borrelli, Bryan f nade attack. Cheeseman, Donovan Ortiz, Ashley Parker, Following graduation from Terrell High Steven Sheehan, and Christopher Todd. The PAYING TRIBUTE TO MAILE School in 1999, Gerardo enlisted in the Army. National Junior Honor Society Two Year Mem- KELLER He was a dedicated soldier and upstanding bers are as follows: Michael Anthony, Hinnah citizen of Terrell, Texas. In a show of support Aslam, Lorin Barry, Joshua Bloomquist, Laura HON. SCOTT McINNIS for the fallen soldier, the residents of Terrell Buonpastore, Lauren Burmylo, Anthony OF COLORADO lined Moore Avenue on the morning of his fu- DiLolle, Edward DiMattesa, Nicholas Fishman, IN THE HOUSE OF REPRESENTATIVES neral to pay their respects. He was laid to rest Danielle Landis, Brittany Magnin, Michael in Dallas/Fort Worth National Cemetery. Malason, Meghan Mitchell, Sean O’Donnell, Thursday, July 8, 2004 Gerardo was also a devoted family man. He Stephen Paul, Brittney Rehrig, Amanda Roop, Mr. MCINNIS. Mr. Speaker, today I rise to is survived by his wife, Teresa Moreno of Blair Rundsmom, Matthew Salvano, Jessie recognize MaiLe Keller of Glenwood Springs, Terrell and their two children, Dominique and Sibiski, Thomas Teschko, and Britney Yocum. Colorado for her ability to overcome obstacles

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.003 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1325 placed before her and excel in her endeavors. I want to thank Mr. Cameron for all he has Hosted annually by the Texas General Land Diagnosed with a hearing impairment before done during his 36-year career with National Office, the core objectives of the contest are the age of three, MaiLe has excelled as a stu- City Bank to give quality service to the citizens to encourage young artists while promoting dent-athlete at Glenwood Springs High of the 11th Congressional District. As Presi- the cause to keep Texas beaches clean. This School. dent of the National City Development Cor- year’s winners, Chelsea Schneider and Daniel This spirit of perseverance is thematic in her poration he served our community for the past Sagrero of Lee Intermediate School in life. MaiLe has learned to communicate in dif- 22, assisting customers make their dreams a Gainsville, Texas, and Sammy Clegg of ferent ways to overcome her hearing loss, in- reality. For too long, many deserving people Rowlett Elementary School in Rowlett, Texas, cluding learning to read lips. Determined to re- were denied an opportunity to build busi- masterfully demonstrated those objectives. ceive an athletic letter at Glenwood Springs nesses and futures because of the lack of Each young artist beautifully displayed the High School, MaiLe took up golf during her availability of a helping hand. Danny has used concept of keeping Texas beaches clean by sophomore year. After many hours of practice his position with the Development Corporation using an elaborate and colorful palette. The with a swing coach, she found a love and ap- to say ‘‘yes’’ rather than ‘‘no,’’ to offer hope winning artwork was displayed in the Capitol preciation for the game. As a testament to her rather than despair to the people of Greater Building in Austin, Texas, as well as compiled dedication to the sport, success soon followed Cleveland. I thank him for making our commu- into a statewide calendar for all to see. Mr. as MaiLe took second place at the Demon In- nity a better place. Speaker, I would like to extend congratulations vitational golf tournament. I am very happy that he has reached this to these outstanding students. Her hard work is not exclusive to golf; she wonderful time, being young enough to retire f is also a very dedicated student and has the and start a new life. I am sorry, however, that grades to prove it. Her plans for the future in- he and his wife, Dorothy, are leaving Cleve- WAR WITH IRAQ clude attending the University of Northern Col- land for new beginnings in Georgia. orado to study visual arts with the help of a On behalf of the citizens of the 11th Con- HON. ROBERT E. ANDREWS scholarship from the Western Colorado Golf gressional District, Ohio, I extend our gratitude OF NEW JERSEY Foundation. to Danny Cameron for his many years of serv- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is my privilege to recognize ice, not only as a banker but also as an in- MaiLe Keller for her accomplishments on the Thursday, July 8, 2004 volved community citizen. He has brightened green and in her life. She has overcome the many lives. On a personal note, I also want to Mr. ANDREWS. Mr. Speaker, I rise today to obstacles that have been laid in her path, and thank him for his years of friendship and sup- address some dangerous and potentially I congratulate her on her success and wish port. He has always been there for me. harmful conjectures that have been made by her the best of luck in future endeavors. I wish Danny, Dottie and their family many some of our colleagues in Congress regarding f years of health and happiness. May they fulfill the reasons for going to war with Iraq. Our decision to go to war with Iraq and re- A TRIBUTE TO ARCHBISHOP many of their dreams and also find many new move Saddam Hussein from power was the WILBERT S. MCKINLEY adventures. We’ll miss you. right decision. The record shows that at var- f ious times the defeated Iraqi regime of Sad- HON. EDOLPHUS TOWNS A PROCLAMATION RECOGNIZING dam Hussein possessed biological and chem- OF NEW YORK WORKING WARDROBES ical weapons and desired to possess nuclear IN THE HOUSE OF REPRESENTATIVES weapons. Failure to oust Saddam Hussein Thursday, July 8, 2004 HON. ROBERT W. NEY would have put the American people at a grave risk. Mr. TOWNS. Mr. Speaker, I rise in honor of OF OHIO Some have questioned the quality of intel- Archbishop Wilbert S. McKinley in recognition IN THE HOUSE OF REPRESENTATIVES of his spiritual leadership in the community. ligence that U.S. policy makers received prior Archbishop Wilbert S. McKinley is the senior Thursday, July 8, 2004 to the start of the war in Iraq. I agree that this pastor of The Elim International Fellowship. Mr. NEY. Mr. Speaker: is a matter of grave importance that requires The doors of the church were opened for Whereas, Working Wardrobes is a dedi- a complete and full public evaluation. Any ministry on July 26, 1964. As the founding cated and tireless organization worthy of merit faulty intelligence on such grave matters is a pastor, Archbishop McKinley has served the and recognition; and serious problem. If we are relying on the same church faithfully for forty years. Whereas, Working Wardrobes has been ac- potentially faulty intelligence to protect the Archbishop McKinley has an overwhelming knowledged for its philanthropic service; and lives of our troops still serving in Iraq, or to passion to introduce people, especially men, Whereas, Working Wardrobes should be consider military action elsewhere in the world, to the Church and the teachings of Jesus commended for its excellence in service and that is a dangerous risk to our security and a Christ. Archbishop McKinley believes that for its unwavering dedication to helping indi- grave flaw in our foreign policy decision mak- these teachings hold the key to every door. viduals obtain the necessary skills to obtain ing processes. While these matters are inves- He is especially called to reach black men employment; and tigated, however, it is crucial that we do not with the message of hope through Jesus Therefore, I join with the residents of the en- recklessly suggest alternate reasons that the Christ and with the necessity of embracing tire 18th Congressional District of Ohio in hon- war was pursued. one’s spiritual, national and racial identity. oring and congratulating Working Wardrobes Some Members of Congress have made Archbishop McKinley has been a gift to the for its outstanding accomplishment. statements claiming that the true reason for Church. In addition to his pastoral duties, he f this war was to move along the Administra- is a leader who is committed to sharing his tion’s plan to secure a peaceful Israel. These time and talent with others. CONGRATULATING THE ‘‘TREAS- statements are baseless, and quite divisive. Mr. Speaker, Archbishop Wilbert S. McKin- URES OF THE TEXAS COAST’’ While Israel, like the rest of the World, will ley has been a spiritual leader in his commu- CHILDREN’S ART CONTEST 2004 surely benefit from a stable, democratic Iraq, nity for more than forty years. As such, he is WINNERS this war was not entered into for Israel’s ben- more than worthy of receiving our recognition efit. Granted, a democratic force in the region today and I urge my colleagues to join me in HON. RALPH M. HALL will be welcome by the Israeli government, but honoring this truly remarkable person. OF TEXAS a stable Iraq will be no means ensure an end f IN THE HOUSE OF REPRESENTATIVES to the dangers faced by our allies in Israel. DANNY CAMERON Suggesting that the United States waged this Thursday, July 8, 2004 war solely to advance its Middle East policies Mr. HALL. Mr. Speaker, I am honored today will only serve to increase the anti-Semitism HON. STEPHANIE TUBBS JONES to recognize Sammy Clegg, Chelsea Schnei- that already permeates the area, and poten- OF OHIO der and Daniel Sagrero as the 2004 winners tially increase the violence that the Israeli citi- IN THE HOUSE OF REPRESENTATIVES of the Treasures of the Texas Coast Chil- zens have been forced to endure for years. It Thursday, July 8, 2004 dren’s Art Contest. is true that, prior to the commencement of the Mrs. JONES of Ohio. Mr. Speaker, today I As part of the Texas Adopt-A-Beach pro- War with Iraq, President Bush stated, ‘‘A new rise to honor Danny Cameron of Cleveland, gram, the ‘‘Treasures of the Texas Coast’’ art regime in Iraq would serve as a dramatic and Ohio. contest is open to Texas students grade K–6. inspiring example of freedom for other nations

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JY8.003 E08PT1 E1326 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 in the region.’’ I fully agree with this statement, fices. In 2003, the KMEP application aided the Mr. Crowley was a native of Houston Coun- and feel that it is important to recognize that QTC examining physicians in the production of ty, Alabama where he and his wife, Donnie the spread of freedom and democracy in the over 69,000 disability exam reports with near- Vernell Wilkinson, established a family farm. region is of great benefit to the entire world, perfect adequacy ratings. Crowley was well known for his ingenuity and not just Israel. The spread of democracy will Dr. Kay’s efforts have given disabled vet- keen ability to adjust to change in agriculture. directly lead to the spread of peace. There erans a simplified evaluation process, which This skill earned him state wide distinction as has not been one instance in modern history eliminates the need for retraining, costs less Alabama Peanut Farmer of the Year in 1969 where a democratic government has gone to money, and produces timelier quality reports. and 1970. war with another democratic government—not Thank you, Dr. Kay, for your innovative and Crowley was an active member of Pine Hill one. Achieving such a peaceful existence is of cost-effective contributions to the veterans’ Free Will Baptist Church in Dothan, serving as monumental importance to the United States, claims disability process. a Sunday School teacher, deacon and trustee. Israel, and all other nations opposed to vio- f He was also much beloved for his participation lence and terror tactics. in a local musical group which entertained fel- PAYING TRIBUTE TO MARTA AND While I certainly do not expect each of my low seniors, family and friends. CHARLIE PETERSON colleagues to agree with me on the question I offer my condolences to Mr. Crowley’s wife of whether or not we should have entered this and extended family. We have lost a valued war, I do urge all Members of Congress to HON. SCOTT McINNIS and much respected member of our commu- think carefully about the potential effects that OF COLORADO nity. their statements may have, both on the war IN THE HOUSE OF REPRESENTATIVES f and on other subjects of a sensitive nature. Thursday, July 8, 2004 PERSONAL EXPLANATION f Mr. MCINNIS. Mr. Speaker, it is my privilege TRIBUTE TO DR. LAY KHIN KAY to rise today and to pay tribute to the service of Marta and Charlie Peterson to Mesa Verde HON. ANNE M. NORTHUP National Park. Recently, after over thirty years OF KENTUCKY HON. HENRY E. BROWN, JR. of dedicated service to our nation park sys- IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA tem, the couple announced their retirement. Thursday, July 8, 2004 IN THE HOUSE OF REPRESENTATIVES They leave behind a great legacy of dedica- Mrs. NORTHUP. Mr. Chairman, on July 7, Thursday, July 8, 2004 tion and commitment to our lands and I am 2004, I inadvertently voted ‘‘nay’’ on an Mr. BROWN of South Carolina. Mr. Speak- honored to recognize their service before this amendment to the fiscal year 2005 Com- er, I rise today to pay tribute to Dr. Lay Khin body of Congress and this nation today. merce, Justice, State and the Judiciary Appro- Marta and Charlie joined the park service in Kay, co-founder and chief medical director of priations bill (H.R. 4754). I respectfully request 1969 on separate journeys. They met while QTC Medical Services, Inc., for dedicating the the RECORD reflect that I supported the Paul working at adjacent parks in their first year past 23 years of her career to the develop- Amendment withholding funds from the United and married soon after. Together they have ment of medical claims technology. National Educational, Scientific, and Cultural worked in nine National Parks, acclimating to Dr. Kay’s career began in Burma when she Organization (UNESCO), and intended to vote the changing conditions and terrain, finding obtained her Doctor of Medicine degree from ‘‘aye’’ on rollcall vote No. 333. happiness in each and every park. After seven the prestigious Rangoon Institute of Medicine. f She came to the United States to further her years at Mesa Verde National Park, Charlie education and obtain certification as a Board retires as the chief ranger and Marta retires as PAYING TRIBUTE TO LANCE COR- Certified Internal and Occupational Specialist. the administrative assistant to the park super- PORAL MANUEL ADRIAN Dr. Kay devoted years of service performing intendent. CENICEROS disability evaluations at the Social Security Ad- Charlie and Marta’s dedication to our Na- ministration where she identified a major dis- tional Parks is evident through the numerous HON. HILDA L. SOLIS connect between traditional medical evidence awards and recognition they have received over the years. Charlie received the Depart- OF CALIFORNIA development and rating requirements. The IN THE HOUSE OF REPRESENTATIVES medical evidence collected by an evaluating ment of Interior’s Medal of Valor and the park physician rarely met the expectations of rat- service’s Harry Yount Award. The Medal of Thursday, July 8, 2004 ings requirements; consequently, long delays Valor was given for his role in saving his Ms. SOLIS. Mr. Speaker, I rise to pay trib- and appealed cases increased. friend from drowning. Working as scuba divers ute to Lance Corporal Manuel ‘‘Manny’’ Adrian In 1981, Dr. Kay co-founded QTC Medical cleaning drains to improve the flood condi- Ceniceros, United States Marine Corps, a Services to develop a rating-driven disability tions, his friend was pulled into the drain, only member of the Regimental Combat Team 1 evaluation protocol, and worked to educate to be saved by Charlie. The Harry Yount Headquarters Company, 1st Marine Division, thousands of evaluating physicians. As tech- award honors rangers considered by their 1st Marine Expeditionary Force, Camp Pen- nology progressed, Dr. Kay continued to de- peers to be the top rangers in the National dleton, Calif. velop new techniques to improve the evalua- Park Service. Manuel Adrian Ceniceros was born on No- Mr. Speaker, I am honored to recognize tion process. She created QTC’s Medical vember 15, 1980. He was a good son to his Marta and Charlie Peterson before this body Knowledge Library, which serves as the main mother Angela De La Cruz and a loving hus- of Congress and this nation today. They have database for KMEP (Dr. Kay’s Medical Eval- band to his wife Elizabeth. He enjoyed life and provided years of dedicated service to our na- uation Protocol), a web-based application de- lived it to the fullest. His hobbies included tional parks. I thank them for their hard work signed to help physicians generate disability drawing and playing the trumpet. Manuel and and service, and wish them all the best and medical examination content. Instead of using Elizabeth dreamed of starting a family some happiness in their future endeavors. a standardized physician examination guide, day. They lived in East Los Angeles, just a KMEP software produces claimant-specific, f few blocks from my office, before he was de- protocol-based, field-level evaluation work- TRIBUTE TO CLIFFORD BARNETT ployed. sheets. These worksheets ensure that each CROWLEY Manuel epitomized what every man should physician will completely and accurately ad- be—a good son and loving husband, a caring dress every medical issue of the claimant ac- HON. TERRY EVERETT friend and considerate neighbor, a good-heart- ed young man who enjoyed life and strived to cording to the corresponding disability pro- OF ALABAMA ensure that others did as well. gram’s standards. IN THE HOUSE OF REPRESENTATIVES In 1997, the Department of Veterans Affairs For love of our country, and to protect its (VA) awarded its first performance-based con- Thursday, July 8, 2004 freedoms, Lance Corporal Manuel Adrian tract to QTC to conduct a pilot program that Mr. EVERETT. Mr. Speaker, I rise to honor Ceniceros volunteered to participate in a con- was established by Congress to perform com- the memory of a distinguished citizen and voy mission, not knowing that it would be his pensation and pension examinations (C&P) for friend to many in my Congressional District, last unselfish act of honor and courage. On veterans filing disability claims through VA. Mr. Clifford Barnett Crowley, who passed June 26, 2004, he was killed in an explosion QTC now performs about 50 percent of the away on July 6 of an extended illness at the in the Iraqi Province of Al Anbar. Manny was VA’s C&P exams through 10 of its regional of- age of 92. laid to rest on July 6 in Santa Ana, the city of

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.012 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1327 his birth. He is survived by his wife Elizabeth St. Blase´ Charles, better known as KC, hails ity of which he served at Redstone Arsenal in and mother Angela de La Cruz. from the twin island Nation of Trinidad and To- Huntsville. f bago in the Caribbean. He has been an enter- An Alabama native, Jim first entered the tainer for more than 30 years. Famous for his civil service in 1969 after receiving a Bachelor PERSONAL EXPLANATION Caribbean-style rendition of the ‘‘father of of Science Degree in Finance and Manage- soul,’’ Mr. James Brown, KC is also affection- ment from the University of Alabama. Through HON. STEPHANIE TUBBS JONES ately known as the ‘‘Local James Brown’’ many challenging and diverse assignments, OF OHIO throughout the entertainment circles in North Jim has distinguished himself by his knowl- IN THE HOUSE OF REPRESENTATIVES America and members of his international fan edge and ability to consistently lead others. Thursday, July 8, 2004 club. Along with his own musical group, the He has been a constant and stabilizing pres- International Band, KC has performed at major ence at Redstone and has helped ensure Mrs. JONES of Ohio. Mr. Speaker, I ask events and famous places including the West Redstone’s high level support of the unanimous consent that the following state- Indian Labor Day Parade in Brooklyn, the Har- warfighter. ment appear in the appropriate place in the lem Day Parade, Manhattan’s Annual Hal- Mr. Speaker, throughout Jim’s remarkable CONGRESSIONAL RECORD behind the votes for loween Parade, the MGM and Sahara casino career his hard work and dedication have Wednesday, July 7, 2004: unfortunately, I was in Las Vegas, and the Royal Caribbean and been an inspiration for others and he has unavoidably detained. Had I been present for Carnival cruises, just to name a few. been recognized by his peers through numer- the recorded Roll Call votes number 326 KC’s summer concerts were launched in ous honors and awards. In 2003, he was through number 335, I would have voted in 1989 at his garage at East 87th Street in East awarded the Department of the Army Senior the following way: Flatbush, Brooklyn where he held a huge Executive Service Distinguished Presidential No. 326—H. Con. Res. 410—Motion to Sus- block party on Memorial Day. In order to ac- Rank Award, which is the highest honor a pend the Rules and Agree, as Amended Rec- commodate the growing crowd that came to public sector employee can receive. In addi- ognizing the 25th anniversary of the adoption the yearly event, in 1991, KC moved his Car- tion, in 1993 and 1998 he received the DA of the Constitution of the Republic of the Mar- ibbean style street festival to Ditmas Avenue SES Meritorious Presidential Rank Award and shall Islands. I would have voted ‘‘yes.’’ No. 327—H. Con. Res. 257—Motion to Sus- near his East 87th Street garage. The event most recently, he was awarded the 2004 Na- pend the Rules and Agree Expressing the covered ten blocks. The event continued at tional Defense Industrial Association Defense sense of Congress that the President should Ditmas Avenue until 1996, when KC took his Management Award. Jim also serves on nu- posthumously award the Presidential Medal of show and a loyal following of thousands to its merous boards and holds many leadership po- Freedom to Harry W. Colmery. I would have new home on Atlantic Avenue. sitions in North Alabama. Most recently, he voted ‘‘yes.’’ Spanning 10,000 square feet and a max- was appointed by the Governor of Alabama to No. 328—On agreeing to the Manzullo, imum occupancy of 4,300, the Hideaway is a the Alabama Space Science Exhibit Commis- Velazquez, Serrano amendment to provide spacious outdoor venue located at 2494 Atlan- sion, which overseas the U.S. Space and $79.1 million for the Small Business 7(a) loan tic, in an industrial section of Brooklyn. Since Rocket Center in Huntsville. program, the amount provided last year, to fi- 1998, the Hideaway, which is owned and Mr. Speaker, on behalf of the people of nance more than $13 billion in small business managed by KC, has been hosting its hall- North Alabama, I congratulate James L. Flinn loans. I would have voted in favor of the mark Summer Concert Series featuring to- on his thirty-five years of service to our coun- amendment. day’s leading soca, calypso, and reggae musi- try and wish him well in his retirement. No. 329—On agreeing to the Flake (Ari- cal acts from around the Caribbean and here f zona) Amendment prohibiting use of funds to in the United States. Along with top per- formers, the Hideaway showcases some of PAYING TRIBUTE TO PATRINE implement new restrictions on gift parcels and RICE other items allowed for travellers to Cuba. I the most popular Caribbean-American DJs. It would have voted ‘‘yes.’’ is also equipped with a fully licensed bar, a No. 330—On agreeing to the Weiner professional sized stage, and an elevated VIP HON. SCOTT McINNIS Amendment increasing COPS funding by $107 lounge where performing artist and special OF COLORADO million and offsets that funding by cutting fund- guests can view and enjoy the shows. IN THE HOUSE OF REPRESENTATIVES ing for the Census. I would have voted ‘‘yes.’’ KC’s Hideaway has become a major attrac- Thursday, July 8, 2004 No. 331—On agreeing to the Hefley Amend- tion for thousands of Caribbean music lovers from around the world who are drawn to Mr. MCINNIS. Mr. Speaker, I stand and rec- ment eliminating funding for the re-engineering ognize the selflessness of Patrine Rice of design process for the 2010 short-form only Brooklyn, the Caribbean Capital of the United States, year after year to celebrate the West Grand Junction, Colorado. She has committed Census. I would have voted ‘‘no.’’ herself to the community, which is evident No. 332—On agreeing to the Kucinich Indian Labor Day Carnival season, which be- through her accomplished record as a volun- amendment on funding for the Commerce De- gins in May. The venue stages around 66 teer. It is my pleasure to acknowledge partment to expand the membership of the shows a year and the number of concertgoers Patrine’s efforts to make her neighborhood President’s ‘‘Manufacturing Council.’’ I would has steadily increased over the past three stronger before this body of Congress and this have voted ‘‘yes.’’ years. The concert grew from an audience of nation today. No. 333—On agreeing to the Paul of Texas about 80,000 for the season in 1998, to ap- Patrine’s career as a volunteer began when amendment No. 9. I would have voted ‘‘no.’’ proximately 165,000 for this season. she moved to Grand Junction in 1986. Ever No. 334—On agreeing to the Farr of Cali- Mr. Speaker, St. Blase´ ‘‘KC’’ Charles has since, she has shelved books for six to eight fornia amendment prohibiting funds from being developed and created a major cultural event hours per week at the Mesa County Public Li- used to prevent states from implementing in his community, which has brought thou- brary. Her work at the library is a natural ex- state lays authorizing the use of medical mari- sands of people to Brooklyn each year to cele- tension of her years spent as a teacher of for- juana. I would have voted ‘‘yes.’’ brate their Caribbean heritage. As such, he is No. 335—On agreeing to the Paul of Texas more than worthy of receiving our recognition eign language. Nearly eighty years old, self amendment No. 10. I would have voted ‘‘no.’’ today and I urge my colleagues to join me in sufficiency would satisfy most at that distin- honoring this truly remarkable person. guished age, but not Patrine. In addition to f taking care of her yard and her garden, she f A TRIBUTE TO ST. BLASE´ ‘‘KC’’ finds time to dedicate herself to others. CHARLES TRIBUTE TO JAMES L. FLINN, III Through a program called ‘‘Support Our Sen- iors,’’ she drives other seniors requiring trans- HON. EDOLPHUS TOWNS HON. ROBERT E. (BUD) CRAMER, JR. portation to their destinations. In acknowledge- OF NEW YORK OF ALABAMA ment of her work as a volunteer in her area, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES she was recently honored with the ‘‘Above and Beyond Award’’ by the Mesa County Depart- Thursday, July 8, 2004 Thursday, July 8, 2004 ment of Human Services and the League of Mr. TOWNS. Mr. Speaker, I rise in honor of Mr. CRAMER. Mr. Speaker, I rise today to Women Voters. St. Blase´ ‘‘KC’’ Charles in recognition of his recognize James L. Flinn, III upon his retire- Mr. Speaker, Patrine Rice’s fondness for significant cultural and economic development ment after thirty-five years of outstanding civil helping others contributes significantly to make contributions to the community. service for the United States Army, the major- Grand Junction a cohesive community. This

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.016 E08PT1 E1328 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 spirit of volunteerism is a role model for others owned stores, including independently owned cause not all WIC-Only stores are alike. WIC- to follow. I thank Patrine for her civic pride and chains and most WIC-Only stores, generally Only store peer groups are to have their wish her the best in her future endeavors. do not have the negotiating power to bargain prices limited to the same levels as prices of f for these benefits. As a result, independently comparable market-based stores. The legisla- owned stores may spend as much to pur- tion is not prescriptive in specifying character- HONORING MOTHER THELMA chase a product at wholesale as the retail istics that make stores ‘‘comparable.’’ How- MACK price at a big chain. Because of this, vendor ever, as with the regulatory basis for defining peer groups should allow for somewhat higher peer groups, the basis for comparing peer HON. BENNIE G. THOMPSON prices at small stores, relative to the larger su- groups must be objective and readily OF MISSISSIPPI permarkets. discernable. Absent compelling basis for a dif- IN THE HOUSE OF REPRESENTATIVES During implementation of vendor peer ferent approach, the same criteria as are used Thursday, July 8, 2004 groups to achieve cost-containment, it is vital to distinguish between traditional vendor peer that transparent, objective criteria be used in groups should be used to distinguish between Mr. THOMPSON of Mississippi. Mr. Speak- defining peer group characteristics. It is ex- peer groups in WIC-Only stores and to identify er, I would like to recognize Thelma Mack, the pected that the criteria that have traditionally peer groups of comparable market-based epitome of a community mother, who spent been used, the square footage of stores or the stores. her entire life being a stalemate and commu- number of store registers, will continue to be Another provision that warrants close over- nity pillar. used as appropriate. However, there is clear sight is a prohibition on certain marketing As an African-American woman of Indianola, authority for adoption of other readily discern- practices for WIC-Only stores. The Depart- Mississippi, born in April of 1934, Thelma en- ible, objective criteria that define appropriate ment of Agriculture is charged with promulga- dured the strife of segregated life in the South. peer group distinctions. WIC sales volume tion of a rule to prohibit WIC-Only stores from During the Civil Rights era, Thelma exempli- alone may not be an appropriate basis for de- giving certain ‘‘incentive items’’ to WIC partici- fied her motherly role through housing and fining peer groups since it accounts for only a pants unless the vendor proves that the incen- feeding passers-by committed to the equal portion of the sales of a given product and, in tive items were obtained at no cost. The provi- rights mission. many situations, would be a poor indicator of sion was adopted because of reports that Thelma Mack’s most notable career work factors that affect retail pricing decisions. some WIC-Only stores have given incentive was in the area of childcare, where she start- Special authority is provided for establishing items that are out of the bounds of traditional ed a daycare at her home. In August of 1968, competitive price criteria and allowable reim- vendor marketing practices. It is the intent of Thelma became the Director of the Sunflower- bursement levels for WIC-Only stores because this provision to halt such marketing practices Humphreys County Headstart, where she those stores are insulated from marketplace and to ensure that the acquisition of incentive served for over 20 years. price competition. It is not discriminatory to items does not increase WIC Program costs. Thelma Mack’s faithful service and dedica- regulate them in a different manner. However, This provision is intended to prevent mar- tion to upholding the traditional family structure it would be inconsistent with the intent of Con- and values is the backbone of our commu- keting practices that are wholly inconsistent gress to use that unique regulatory treatment with those that occur in traditional food retail- nities. I applaud the life and legacy of Thelma to apply a different standard to WIC-Only Mack. ing. It is not intended that this provision would stores. be used to create a situation where WIC-Only The objective of cost containment measures f stores are prohibited from employing the same contained in S. 2507 is for WIC Program food marketing practices that traditional stores use CHILD NUTRITION AND WIC costs to be the same regardless of whether to induce customers. The fact that this restric- REAUTHORIZATION ACT OF 2004 program participants redeemed food instru- tion applies only to WIC-Only stores must not ments at a WIC-Only store or comparable SPEECH OF be viewed as an intention to create marketing market-based vendor. This neutrality objective restrictions that afford traditional vendors a HON. JOHN A. BOEHNER is expressed by the dual statements in the bill: competitive advantage over WIC-Only stores. OF OHIO First, the bill provides for establishing and The Secretary has authority in its imple- publishing competitive price criteria and allow- IN THE HOUSE OF REPRESENTATIVES menting rulemaking to require a State Agency able reimbursement levels that do not result in Thursday, June 24, 2004 to waive restrictions on marketing practices of higher food costs in WIC-Only stores than in WIC-Only stores where competing traditional Mr. BOEHNER. Mr. Speaker, effective, fair other authorized vendors. Second, the bill is vendors engage in those practices. vendor cost containment is critical to ensure clear that it is not to be construed to compel that federal funds for the Special Supple- a State agency to achieve lower food costs in The bill makes clear that merchandise of mental Nutrition Program for Women, Infants, WIC-Only stores than in other authorized ven- nominal value and food are not to be prohib- and Children (WIC) are managed appro- dors. The objective is neutrality; for WIC-Only ited. Likewise, this provision does not provide priately. It is equally important that this objec- store costs to be at the same level as costs authority to restrict incentives other than free tive be achieved with balance. WIC cost con- at comparable market-based vendors. merchandise. Specifically, it does not author- tainment measures in S. 2507 should provide The language now before the House is dif- ize restriction of services provided to program assurance that WIC-Only stores have prices ferent from the language reported by the Sen- participants that are attendant to the redemp- that are consistent with traditional retail WIC ate Committee on Agriculture, Nutrition, and tion of supplemental food vouchers, such as vendors. It is the intent of Congress that the Forestry, but the neutrality objective has been assistance in complying with WIC program provisions of this bill be implemented in a fair consistently pursued throughout this legislative rules as they select their purchases or assist- and equitable manner. Cost containment process. Refinements in that language are in- ance in getting the food to their transportation measures contained in S. 2507 are not to be tended to remove any question that the objec- or home, even if traditional vendors do not used to drive vendors out of the program. tive is cost neutrality. provide such services. The provision only au- Central to the vendor cost containment pro- S. 2507 includes language requiring that thorizes restriction of use of non-food mer- visions is the authority to establish a series of competitive price criteria and allowable reim- chandise in marketing practices; it does not vendor peer groups, each with its own com- bursement levels will ‘‘not result in higher food authorize restriction of retail services. There- petitive price criteria and allowable reimburse- costs if program participants redeem supple- fore, the Department of Agriculture rulemaking ment levels. These vendor peer groups recog- mental food vouchers’’ at WIC-Only stores is to prohibit merchandise gifts that are incon- nize that there are economic realities that than other vendors. This language is a state- sistent with marketing practices of the tradi- cause pricing to vary among stores based on ment of the general cost neutrality objective tional food retail trade, but not marketing prac- store size and geographic location. Large su- previously explained. It is not to be construed tices that are employed by other authorized permarket chains and box stores bypass to compel a rigid cost limitation test. Neither vendors. wholesalers and purchase directly from manu- USDA nor individual states can know with ab- Mr. Speaker, I commend my colleagues for facturers. Other stores, including some WIC- solute certainty or ongoing precision what food including vendor provisions in S. 2507 that will Only stores do not. Much more important, su- prices will be. provide for effective cost containment, particu- permarket chains receive significant price dis- In the bill’s system of vendor peer groups, larly in WIC-Only stores that are generally in- counts and concessions from manufacturers, provision is made for peer groups for WIC- sulated from marketplace price competition. such as allowances for product promotion, Only stores. It does not necessarily require a This bill does a commendable job in providing product shelf placement, etc. Independently single peer group for WIC-Only stores be- fair and balanced regulation. WIC-Only stores

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JY8.005 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1329 have become very popular with WIC partici- My legislation recognizes that health care Mr. Speaker, it is my honor to recognize the pants because of their convenience and serv- inequalities exist with respect to the treatment success of Martiey Miller as a leader in the ice. That should continue. of citizens in the insular areas. It further recog- Grand Junction community. She is moving on f nizes that, in the case of the new transitional to a new job in Minneapolis, but let it be assistance and prescription drug programs au- known that she has left a great legacy of com- INTRODUCING THE MMA TERRI- thorized under the MMA, citizens of the insular mitment and dedication to Grand Junction and TORIAL EQUITY FOR LOW-IN- areas pay into the Medicare Trust Fund in the the State of Colorado. I congratulate her on COME INDIVIDUALS ACT OF 2004 same manner as citizens in the 50 States and her new job and wish her continued success the District of Columbia and should, therefore, in her future endeavors. HON. MADELEINE Z. BORDALLO receive parity with respect to benefits. The f OF GUAM current protocol for block granting prescription IN THE HOUSE OF REPRESENTATIVES drug funding to the insular areas will ensure A TRIBUTE TO GLENORE M. ANDERSON Thursday, July 8, 2004 that health care disparities will continue to exist in these areas. The best solution with re- Ms. BORDALLO. Mr. Speaker, today I am gard to fairness and parity is to allow citizens HON. EDOLPHUS TOWNS introducing legislation that will treat Medicare- of the territories to participate directly in these OF NEW YORK eligible citizens of Guam, the Virgin Islands, Federal prescription drug assistance pro- IN THE HOUSE OF REPRESENTATIVES American Samoa, the Commonwealth of Puer- grams. to Rico and the Commonwealth of the North- My bill would ensure parity with respect to Thursday, July 8, 2004 ern Mariana Islands the same as low-income the application of the MMA in the insular areas Mr. TOWNS. Mr. Speaker, I rise in honor of citizens in the 50 States and the District of Co- by eliminating the current prescription drug Glenore M. Anderson in recognition of her lumbia with respect to the Medicare prescrip- block grant formula in favor of including low- civic participation and business success. tion drug transitional assistance program and, income Medicare beneficiaries in Federal pre- Glenore is a living testimony to the power of beginning in 2006, premium and cost-sharing scription drug assistance programs. Support hard work and effort. A banker by profession, subsidies under the national Medicare pre- for this legislation will ensure that all Ameri- it took Ms. Anderson eleven years to move up scription drug program. I am joined by Con- cans receive the benefits to which they are the corporate ladder to her current position as gresswoman DONNA M. CHRISTENSEN of the entitled under the MMA. Vice President/Branch Manager of the Broad- Virgin Islands, Congressman ENI F. H. f way and Driggs Street Office of HSBC Bank, FALEOMAVAEGA of American Samoa and Resi- one of the largest branches of HSBC Bank PAYING TRIBUTE TO MARTIEY dent Commissioner ANI´BAL ACEVEDO-VILA´ of USA in Brooklyn, NY. MILLER Puerto Rico as original co-sponsors of this Born on the island of Trinidad and Tobago legislation, which will provide health care in the West Indies, Glenore immigrated to the equality to seniors in the insular areas with re- HON. SCOTT McINNIS United States in the summer of 1992. She spect to the prescription drug benefit. OF COLORADO moved here with her family after successfully Currently, citizens of the insular areas con- IN THE HOUSE OF REPRESENTATIVES completing her studies in her home country. A tribute to the Medicare Trust Fund in the same Thursday, July 8, 2004 few short months after taking up residence in manner as citizens in the 50 States and the Mr. MCINNIS. Mr. Speaker, it is my privilege New York City, she was hired as a customer District of Columbia. However, while the Medi- to recognize Martiey Miller for her outstanding service representative with Marine Midland care Modernization Act (MMA) created a tran- dedication to her Grand Junction, Colorado bank, which later became HSBC Bank USA. sitional assistance program authorizing up to community. Her effort as general manager at She quickly moved through the ranks and ex- $600 in prescription drug subsidies for indi- Cumulus Broadcasting in Grand Junction has celled as a sales representative, sales man- vidual low-income Medicare beneficiaries in done much to ensure the high quality of radio ager, OIC (officer in charge), and Vice Presi- both 2004 and 2005, the territories receive programming that characterizes the network. dent/Branch manager. only a small Federal block grant ($35 million As Martiey moves on in her accomplished ca- Glenore continues to exemplify this spirit of in aggregate for both years to cover an esti- reer, I believe it is appropriate to acknowledge excellence in her current position as the mated 450,000 Medicare beneficiaries) to help her service to her community before this body Branch Manager. She continuously works to- defray the costs of implementing local pre- of Congress and this nation today. ward motivating her staff of 16 by employing scription drug plans through their respective Martiey moved to Grand Junction nineteen a ‘‘hands on’’ approach. In so doing, she dem- public health departments. While exact data is years ago in order to be closer to family. She onstrates her abilities as a team player and not available, it is estimated that beneficiaries took a job as a receptionist at the local radio team leader. She believes that it is important in the insular areas will receive significantly station and began her ascent through the for her staff to see that she can do whatever less relief than their counterparts in the 50 ranks. Jumping at every opportunity, she took task is required of them. Due to this type of States and the District of Columbia. The MMA a position in sales, and then became the sales cohesive effort and leadership skills, the oper- also does not include citizens in the territories manager, before assuming the position of gen- ation of the branch has been very successful, for the purposes of the full national prescrip- eral manager at Cumulus Broadcasting in which boasts assets totaling $105 million. tion drug plan authorized for Medicare bene- Grand Junction running KEKB and KOOL In addition to her expertise in banking, ficiaries beginning on January 1, 2006. Again, Radio. During her tenure at Cumulus Broad- Glenore has also earned accolades for her ef- a separate Federal block grant is allotted to casting she played an important role in turning forts to strengthen the community. As such, the territories in lieu of full participation. a struggling company into a successful busi- she was honored with the Caribbean Amer- Citizens of the insular areas face greater ness. ican Chamber of Commerce and Industry challenges to accessing adequate health care For Martiey’s efforts and successes at the award for Women History makers of 2000; the and prescription drug services than citizens in station, she has been recognized nationally. In Network Journal award for 40 Under Forty the States and the District of Columbia. Trans- 1994, she was named the outstanding radio Achievers of 2001; and an award from the portation costs and smaller economies of sales manager by the Radio Advertising Bu- New Deeper Life Tabernacle in 2003. scale increase the cost of prescription drugs reau. Two years later, she was honored as the During the month of February in 2001, 2002 available in these areas. Furthermore, the in- Colorado’s Broadcast Citizen of the Year by and 2003, she brought this sense of commu- sular areas are home to many different minor- the Colorado Broadcasters. nity to the branch by hosting a celebration of ity groups, many of which are genetically dis- Beyond her career, Martiey has been very Black History Month. The celebrations took the posed to certain illnesses. For example, Afri- active in the community. She previously held form of an art exhibit mounted in conjunction can American, Hispanic and Pacific Island positions as the president of both the Kiwanis with Art Groupie.Com, which featured the Americans are all genetically disposed to dia- and Grand Junction Chamber of Commerce, works of four African/Caribbean American art- betes, which is particularly prevalent among as well as being a member of the JUCO com- ists. the age 40–and-over category. Therefore, ac- mittee and the Hilltop Board. Her most notable Married and the mother of one, Glenore recess to prescription drugs will, in addition to achievement in public service came as co- ceives strong support from her family and increasing the quality of life among citizens of chair of the citizens’ committee to pass a friends who believe whole-heartedly in her po- the insular areas, help resolve other health school bond issue and override the budget. tential to reach the stars. disparities such as prevention and treatment Her efforts proved successful when the bond Mr. Speaker, Glenore M. Anderson has ex- of genetically-disposed illnesses. issue and budget override passed. celled in the business world while still finding

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.023 E08PT1 E1330 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 time to contribute to her community. As such, letter underscores the concern of the Mem- ‘‘It makes you feel gratitude.’’ she is more than worthy of receiving our rec- bers that the Western Sahara conflict needs to ‘‘It makes you think.’’ ognition today and I urge my colleagues to be addressed urgently and fairly to the benefit ‘‘Spectacular!’’ join me in honoring this truly remarkable per- of the peoples of the region and in the interest ‘‘Superb!’’ son. of the United States. A peaceful, successful ‘‘Stupendous!’’ f resolution of the conflict over Western Sahara ‘‘Awesome!’’ will provide a signal to the Broader Middle ‘‘Astonishing!’’ WELCOMING KING MOHAMMED VI East and North African region that in the 21st ‘‘Incredible!’’ century there are successful alternatives to vi- ‘‘I’ve never seen anything like it!’’ HON. JOSEPH R. PITTS olence in the pursuit of national aspirations. ‘‘Magnificent.’’ OF PENNSYLVANIA Mr. Speaker, we again extend our welcome ‘‘Marvelous.’’ IN THE HOUSE OF REPRESENTATIVES to His Majesty and strongly urge him not to ‘‘How could this have been done? It’s unbe- Thursday, July 8, 2004 stand in the way of progress towards the lievable.’’ peaceful resolution of the conflict over West- ‘‘What a tribute!’’ Mr. PITTS. Mr. Speaker, Mr. PAYNE and I ern Sahara. ‘‘It’s so personal and emotional.’’ welcome King Mohammed VI of Morocco to f ‘‘It touches the mind and the heart.’’ the United States and wish him well during his ‘‘No other commemoration for those who visit. We strongly urge His Majesty to uphold TRIBUTE TO THE WHITE HOUSE died has so much meaning.’’ and implement his nation’s agreements re- COMMISSION ON REMEMBRANCE ‘‘I feel the presence of those who died.’’ garding the conflict over the Western Sahara. AND THE ‘‘SANDS OF REMEM- For the sculpture, fifty tons of sand from the In addition, we urge His Majesty to uphold UN BRANCE’’ MEMORIAL AT NOR- five landing beaches: Gold, Juno, Omaha, Security Council Resolution 1541 as a tribute MANDY BEACH Sword, and Utah, depicted soldiers landing on to former Secretary of State James A. Baker the Normandy Beaches. III, who promoted international legality and jus- HON. PETE SESSIONS For the first time in history sand sculptors tice while responding to the true long-term in- OF TEXAS John Gowdy and Matthew Deibert (United terests of both parties concerned in this con- IN THE HOUSE OF REPRESENTATIVES States); Mark Anderson and Edward Dudley flict. His Majesty’s support for the former U.N. (United Kingdom); and Dale Murdock (Can- Thursday, July 8, 2004 Special Envoy Baker’s Peace Plan would be ada) created a historically accurate sand the best contribution to peace and stability in Mr. SESSIONS. Mr. Speaker, I rise today to sculpture. These sculptors worked for six the region. In addition, upholding the Peace recognize the White House Commission on days, putting in approximately 10 hours each Plan would demonstrate the effectiveness of Remembrance and the Sands of Remem- day to create the sculpture. Throngs of thou- the pursuit of national aspirations through non- brance Memorial constructed this past Memo- sands from many countries viewed the sculp- violence in the greater Middle East, a region rial Day at Normandy beach during the 60th ture as they attended ceremonies marking the that has been the target of much violence. anniversary of D-Day. 60th Anniversary of D-Day. Of the inter- Mr. Speaker, last week, a number of Mem- The White House Commission on Remem- national community of visitors that visited the bers sent a letter to President Bush requesting brance was established by Congress (PL 106– ‘‘Sands of Remembrance’’, a Russian woman that during his meeting with the King, he 579) in 2000 and is an independent govern- said emotionally, ‘‘It brought tears to my strongly encourage His Majesty to implement ment agency honoring America’s fallen, recog- eyes.’’ the United Nations Settlement Plan in order to nizing our men and women who have served The sand sculpture, located in Vierville-sur- achieve a just, peaceful, and lasting resolution our nation, and recognizing the veterans who Mer on Omaha Beach in Normandy, France, to the conflict over Western Sahara. The letter have made the ultimate sacrifice as well as was dedicated on May 30 and remained on welcomed United Nations Security Council those who continue to serve our country. exhibit through June 8. Resolution No. 1541 adopted April 29, 2004, The Commission also promotes the values I want to thank the White House Commis- which reaffirmed support for the Peace Plan of Memorial Day throughout the year. sion on Remembrance, the sculptors who for Self-Determination of the People of West- In 2002, Carmella LaSpada, the Director of made the Sands of Remembrance a reality, ern Sahara devised by UN Secretary General the White House Commission on Remem- and of course, the men and women who made Kofi Annan’s Special Envoy, James Baker, brance and sand sculptors John Gowdy freedom a reality on the shores of Normandy and shared deep regret over the departure of (American), and Dale Murdock (Canadian) dis- 60 years ago. Mr. Baker and the circumstances that led to cussed an idea: to create, from the very sand f his resignation. on which blood was shed for freedom, a life- In addition, the letter welcomed the con- size and historically accurate sand sculpture TRIBUTE TO EDWARD J. PHILBIN fidence-building measures taken by the on the Normandy Beach to commemorate the SUPERINTENDENT OF SCHOOLS Polisario Front which released a further 643 60th Anniversary of D-Day. Thus, the ‘‘Sands CLINTON, MASSACHUSETTS Moroccan POWs since July 2003; the number of Remembrance’’ was born. of POWs the Polisario has liberated since So from May 25 through May 29 a team of HON. JAMES P. McGOVERN 1991 now totals 1,760. However, the Members award-winning sand sculptors from the United OF MASSACHUSETTS of Congress expressed their regret that the States, Canada, and the United Kingdom IN THE HOUSE OF REPRESENTATIVES Government of King Mohammed VI has not began an effort to create one of the most reciprocated in a commensurate way. The fact memorable and beautiful artistic memorials Thursday, July 8, 2004 that the Sahrawis have opted for non-violence dedicated to one of the most heroic events in Mr. MCGOVERN. Mr. Speaker, a little more in the affirmation of their identity and have re- our history. To honor D-Day’s fallen heroes in than a week ago, Edward J. Philbin retired as spected the terms of the cease-fire signed in a symbolic and tangible way, this sand sculp- Superintendent of Schools for the Town of 1991 between their representative and Mo- ture was an act of remembrance. This Clinton, Massachusetts marking the end of an rocco, is telling in terms of who is committed sculpted sand served as a touching and extraordinary thirty-five year career in public to settlement of the conflict. unique reminder of the sacrifices made for education. As a foreign language teacher, de- Further, the letter expressed great concern freedom to those who visited the memorial. partment chair, high school principal and ad- that if the conflict between these two parties is The team of award-winning sand sculptors ministrator, Ed Philbin earned a well-deserved left unresolved, it has the potential to disrupt created a 30 x 30 life-size sand sculpture of reputation for passionate and tireless devotion peace and stability in the Maghreb region, the D-Day landing commemorating the 60th to the education and development of children thus threatening the interests of the United Anniversary of that historic event. Dear Abby and young people. On June 24, 2004, a re- States. The Members expressed that the and Home Box Office (HBO) partnered with ception attended by more than 200 of his col- United States should use its unique influence the White House Commission on Remem- leagues, family members, former students and in that region to press the Moroccan Govern- brance for the ‘‘Sands of Remembrance’’ me- friends was held at the Clinton Town Hall to ment and the Polisario Front to agree to the morial, initiated by the Commission. honor his lasting contributions to the commu- Peace Plan and to implement it under the su- Some of the reactions of those who wit- nities of Clinton and Worcester. Due to votes pervision of the United Nations. Although U.S. nessed the sculpture were: scheduled here in the House of Representa- attention is primarily focused, as it should be, ‘‘It brought tears to my eyes.’’ tives, I was unable to attend that reception to on Iraq and on the war against terrorism, the ‘‘So inspiring.’’ personally express my great respect, deep

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.025 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1331 gratitude and best wishes to Ed Philbin for a books, what quickly became apparent to us cially ambitious person. But, sometimes cir- happy and healthy retirement. However, I even at that early age, was the excitement cumstances tap you on the shoulder and life would like to submit for the record the remarks and enthusiasm our Dad had for the coming pulls you in a certain direction. Or, to put it school year. His passion was palpable. This is another way, the cream has a way of always delivered at that tribute by his son Chris, a a man who clearly loved to teach. rising to the top. As a principal, quadrant member of my congressional staff, which I It wasn’t long after each school year start- manager and superintendent, our Dad think capture the essence of this remarkable ed, that our parents would have scores of brought the same level of energy and passion man. students parading through our house to vid- he displayed in the classroom to the often- REMARKS BY CHRISTOPHER R. PHILBIN ON BE- eotape an installment of the long-running times dispassionate duties that those posi- HALF OF THE PHILBIN FAMILY HONORING ED- French Soap Opera or French Newscast that tions require. And, just as he used to bring WARD J. PHILBIN ON THE OCCASION OF HIS he had his students both script and act in as his students into our home, he also brought RETIREMENT JUNE 24, 2004, FALLON MEMO- a way to learn the language. Each of us were the demands of those positions home with him. Particularly as a principal, I distinctly RIAL AUDITORIUM, CLINTON, MASSACHUSETTS granted a cameo appearance in those productions but I think Cara set the record by ap- remember him being completely exasperated It has been alluded to earlier tonight, but pearing in twelve consecutive editions of the by his inability to help one child who was I think it bears repeating. The only thing French Soap Opera. When his students trapped in a terrible home situation. But he our Father has done longer and with more weren’t shooting a movie in our house, they never gave up on that kid or any other for success than work in public education, is to were there sampling foreign cuisine our that matter. With an unrivaled work ethic be married to our Mother for nearly 36 years, Mother prepared for members of the Inter- he never stopped trying to find new and in- his closest friend and most loyal supporter. national Club which our Dad founded or com- novative ways to help children, improve the So on behalf of our Mom, my brother Ed and piling photographs for the yearbook when he curriculum and expand and enrich the oppor- his wife Lynn; my sister Cara, a high school served as the faculty advisor to that activ- tunities available to students. He resisted English teacher in New Jersey, and her hus- ity. Our Dad never suffered from that notion mediocrity at every turn and categorically band Tim who couldn’t be here tonight; my that teachers had to keep their students at a rejected the suggestion that a student’s aca- brother Matthew and his longtime girlfriend safe distance; that you had to erect a fire- demic success is based largely on socio-eco- Christie Mullin; and the rest of our family, wall between what you did for work and nomic status or ethnicity. He rejected that we would like to thank all of you for being what you did at home. He wanted to know all idea because he knew otherwise. He had been here to pay tribute to a guy that we happen of his students and wanted his students to a teacher and some of his best students were to think very highly of. We are especially know him. Some of his students were actu- the children of immigrants and themselves pleased that our Grandmother, Dorothy ally granted the unique privilege of baby- first-generation Americans. The real dif- Philbin, is here tonight for this special occa- sitting his children and many of them bear ference, he would often tell us at the dinner sion. the physical and emotional scars to prove it. table, is expectations. As a teacher and as an As many of you know, this retirement Others are still in therapy from the experi- administrator he constantly tried to raise party was originally supposed to be a sur- ence and were advised by their counselors them and that, more than anything else will prise because our Dad would have much pre- not to come tonight. likely be remembered as the hallmark of his ferred come June 30th to leave the keys on When our Dad wasn’t inviting students career. the desk with a kind note for Mr. Gaw and into our home, he was inviting them to trav- I know it will not come as a surprise to quietly slip out the side door. But that was el around the world with him to London and any of you that in addition to being very not to be, and so when our Father found out Paris, to Quebec and to Rome, and he bears dedicated to his job, our Dad has always been about this party it required some persuasion the physical and emotional scars from those very devoted to his family. So much so, that from the gang of four that he affectionately trips. Our Dad sought to do more than just we can scarcely remember a soccer game, a dance recital or an academic awards ban- refers to as the ‘girls’—you all know them as teach a language, he tried to introduce his quet, not mine by the way, where our Dad Mary Neeley-Winkler, Marilyn Tierney, students to another culture and he thought was not present. You could usually find him Maureen Weatherell and Christine Bonci—to to do that best you often times had to go and in the last row of the bleachers, or up convince him to allow this party to go for- meet those cultures where they are. His ap- against the wall in the back of the audito- ward. It was a closed-door meeting from proach also included assigning his students rium or along the fence at the soccer field which no minutes will be released but I’m novels by French authors and philosophers. but he was always there—a constant reas- guessing that when our Dad protested he was In fact, he may be the only French teacher suring presence. Many years ago a friend of told something like ‘‘shut up, smile and be in the world who assigned Camus and Satre mine spotted my Dad at some event that one gracious!’’ to high school students. In hindsight, I’m not Our family would like to thank the four of of my siblings was participating in and re- sure that No Exit and The Stranger were the marked to me without realizing how pro- them for the work they’ve put into planning best choices for 16-year-old kids worried and organizing this party and for being so found a statement he was making, ‘‘Boy, about finding a date for the prom. That may your Dad is always where he is supposed to good to our Dad these last five years; for have been a little too much existential angst putting a smile on his face; and for educating be.’’ And, it struck me then as it does to- for them at that age but he assigned them night as being so absolutely true. Our Dad is him on the finer points of KENO. We would nonetheless. especially like to thank Mary Neeley- always where he is supposed to be. The one book that our Dad insisted every Growing up, our Dad encouraged each of us Winkler who in addition to being our Dad’s one of his students read and actually memo- to seek our own interests and he was content right hand these last several years has rize parts of is his favorite book, the chil- to let us find our way without trying to live helped my brother and his wife find a house, dren’s story, Le Petit Prince. Over the years, his own life vicariously through us. He was plan my sister’s wedding and given my as I’ve grown to be friends with many of my always just one step behind, providing a brother Matt a part-time summer job. In Dad’s former students, a number of them nudge when needed, or sometimes a whisper short, we are all indebted to Mary and with- after inquiring about my Dad have spontane- and less frequently a bark but always right out saying much more, as far as we’re con- ously quoted a passage from that book to there. In fact, growing up there were two cerned, you can’t put a price on what Mary me: ‘‘Il faux exiger de chacun, ce que chacun things we knew were important to our Dad Neeley means to this family. peut donner,’’ which loosely translated without him ever having told us: (1) that we I’m not sure Matt and Cara will remember means ‘‘Ask of a person only that which they were expected to be educated; and (2) that we this, but Tripp certainly will. Growing up, can give.’’ vote democrat. I think he thought that if we one of the many summer rituals in our house I think anyone who had our Dad as a stu- did the first, the second would follow natu- was to accompany our Dad to the old high dent would agree that he certainly gave all rally. school in early August to help him unpack of himself to teaching. He seemed to believe When the time came for us to apply to col- and date stamp the new foreign language that just about anyone can instruct students lege, our parents made it abundantly clear text books for the upcoming school year. We on conjugating verbs or using the proper ac- that it was our job to get in to the best would follow him down the long promenade cent but it takes something extra, some- school we could and their obligation to pay into the school, past the trophy cases in the thing special, to actually inspire them. He for it. We would be expected to help but it lobby, and down the hall to the second door managed to do that—to inspire them—and was made plain to us that we would never be on the left marked ‘‘STORAGE’’. At the perhaps the best evidence of that are the denied an opportunity based on the cost of time, that storage closet doubled as the postcards and letters he continues to receive tuition. For as far as we wanted to go, for as chairman of the foreign language depart- from former students that have traveled all long as it took and whatever it took, they ment’s office and inside there were make- around the world. A few have even become would be there to help us. And to that end, shift shelves filled with books toppling in on foreign language teachers which is some- they did what many parents in this room his desk with barely enough room to turn thing that I know gives him a tremendous have done. My Mom took a second job at the around. Our Dad would lead us out of his of- amount of pride and satisfaction. walk-in medical center in downtown Clinton fice into the language lab where we would When the time came for our Dad to move and our Dad joined many of his fellow ad- fool around with the tape recorders and ear- from teaching into administration, I think ministrators, some of whom are here to- phones for awhile before he put us to work we were all more than a little surprised be- night, working nights and weekends as a se- unpacking the boxes of books. During the cause he never seemed to be inclined in that curity guard for the William Polack Secu- rather mundane process of unpacking the direction. Believe it or not, he is not an espe- rity Agency, an elite, top-flight force of

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.029 E08PT1 E1332 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 highly-trained professionals. Sometimes, our Daily Gazette and their dedicated staff before Regan, Peggy Regan, Jenny Krizman, Patrick Dad even worked a third part-time job tutor- this body of Congress and this nation today. Regan, and Carol Braun are fortunate, indeed, ing inmates at MCI-Shirley which was an- The paper was initially started in 1887 by as are their children. They exemplify the gen- other job he loved. Harry V. Alexander under the name of the erosity of character and fun loving spirit of You see, for our Dad, supporting education was not just a bumper sticker you slapped on Rocky Ford Enterprise. In 1904 the name was Patty and Bob. the back of your car, or a slogan you re- changed to the Rocky Ford Daily Gazette. Patty truly lives the axiom she taught her peated at PTA meetings. For him, education Reaching its first centennial as the Daily Ga- children—to think of others before oneself. has been more than a career; it has been a zette demonstrates the staying power that re- She demonstrates selfless optimism and gen- way of life. sults from the hard work and dedication the erosity through her community activities, by For all of our Dad’s native intelligence and staff has shown. Fifty years ago, the Daily Ga- her service as a Eucharistic minister in the his worldly sophistication, he is really a very zette changed ownership when Ross and Guardian Angels parish, and in giving blood simple man with very simple tastes. He likes Anne Thompson purchased the town’s news- every eight weeks for most of her adult life. I a cheap glass of wine and a good glass of have personally benefited from her loving gen- scotch. He likes an all-you-can-eat buffet or paper, and it has remained in the family ever any restaurant he has a coupon to. He likes since. They have passed the responsibility of erosity on numerous occasions in the more a good long walk, preferably by the ocean. managing editor on to their son, J.R. Thomp- than quarter century we Irish lassies have de- He likes short sermons at Mass. He likes 60 son. pended upon each other. What would Christ- Minutes on Sunday nights. He likes a good As a result of their hard work and dedication mas be without Regan cookies and luminarias book, the Boston Sunday Globe and anything serving the community, they have received created at their Roanoke abode? Tom Farragher writes he believes is the best several honors. Ross and Anne were awarded Mr. Speaker, please join me in congratu- thing he has ever read. He also likes his so- the 1979 honor of publisher of the year by the lating Patty Regan on her 79th birthday. I am called off-site construction meetings with Colorado Press Association. In 1984, Anne grateful for her friendship and am honored to Phil Bailey and pizza with Carol Ann Ham- recognize her for a lifetime of giving back to ilton and Joan Strang. And, he likes family won the Emma McKinney Award for her dem- vacations or any other occasion, with the onstration of distinguished service to the com- her community. Westport is a better place for possible exception of tonight, that brings his munity. The Gazette now serves thousands of her being in it, as are all the lives she has children and grandchildren together. readers in two counties. touched in her 79 years of extraordinary good In addition to these simple tastes, there Mr. Speaker, the staff of the Rocky Ford works. are a handful of institutions that our Dad Daily Gazette have committed to the better- f holds dear and the only one that rivals his ment of their community by using the free affection for the Clinton Public Schools is A TRIBUTE TO ANTHONY JOSEPH his alma-matter, the University of Notre press to inform their fellow citizens. The dis- Dame, which he shares with both of his semination of information plays an important role in maintaining the tight knit society char- HON. EDOLPHUS TOWNS brothers, two of his four children, and his OF NEW YORK friend and former colleague Pat Burke. acteristic of our country’s smaller towns. I con- IN THE HOUSE OF REPRESENTATIVES About 12 years ago, my older brother came gratulate the Gazette for one-hundred years of across a letter to the editor in the Notre success and wish its staff all the best in their Thursday, July 8, 2004 Dame Student Newspaper, The Observer, future endeavors. Mr. TOWNS. Mr. Speaker, I rise in honor of which he shared with me. I saved it because Anthony Joseph in recognition of his entrepre- it is as near-perfect description of our Dad f that I have ever seen reduced to writing and neurial success in the marketing and commu- HONORING PATRICIA MCCUNNIFF nications field. if you’ll indulge me a little bit longer, I’d REGAN like to read a portion of it for you now. As a product of New York City public school ‘‘A man is someone who cares passionately system, Anthony parlayed his academic about things that need caring about. Some- HON. KAREN McCARTHY achievement and his experience as an All-City one who refuses to accept things that are OF MISSOURI championship football player into a walk-on wrong, even though accepting them would be IN THE HOUSE OF REPRESENTATIVES position on the Boston University squad. An- easier. Someone who yells sometimes and Thursday, July 8, 2004 thony promoted campus parties and events to fights sometimes and cries sometimes and is subsidize his tuition. After graduation, he not afraid to do any of those things when he Ms. MCCARTHY of Missouri. Mr. Speaker, I quickly turned a temp job in The New York feels a need to. Someone who doesn’t always rise today to honor a notable Kansas City resi- win or even come close, but who know in- Times’ finance department into a staff position stinctively that trying is what counts. dent, Patricia McCunniff Regan, on her 79th in the paper’s marketing department. Someone Notre Dame is proud of.’’ birthday. Patty, as she is affectionately called With just one experience as an employee For fully thirty-five years, our Dad has by all who know her, has devoted her life to with the New York Times, Anthony combined tried and succeeded in making the students being a spirit of friendliness and benevolence his knowledge of urban landscape with his in his care and the schools systems in his wherever she goes. With her late husband, marketing expertise to incorporate the fastest charge the very best they could be. And so, Bob, and friends and neighbors, she created rising marketing/communication company in by that standard, or any other for that mat- ‘‘Westports of the World,’’ an assembly of the urban field. Anthony laid the foundation for ter, I think tonight it is fair to say: Westport sister cities stretching across our Dad, the University of Notre Dame is proud his urban success by moonlighting with Vital of you. Your profession is proud of you. The great nation and the globe from New Zealand Marketing Group VMG while still at the Times. Town of Clinton is proud of you. And, most to Ireland. Global Westport residents have Through contacts at a major apparel and an especially, your children are, as we have al- been meeting in a sister city since the assem- advertising agency, Anthony was able to par- ways been, so very proud of you. bly’s inception. Westport in Kansas City ticipate in business meetings where he was f hosted a pioneer meeting in 1985 and a able to present strategies, which, over time, worldwide convention in 1995. turned into contracts with Tommy Hilfiger, PAYING TRIBUTE TO ROCKY FORD Throughout her life, Patty has focused on Hush Puppies, and Wolverine Boots. DAILY GAZETTE creating positive change in the community Eventually, Anthony’s growing client base around her by participating in campaigns and necessitated his departure from the Times. He HON. SCOTT McINNIS exercising her rights as a citizen. She assists partnered with the African-American media OF COLORADO those in need and is a model of exemplary company that established the billboard beach- IN THE HOUSE OF REPRESENTATIVES public service. Patty and Bob worked for civil head on Harlem’s 125th Street, utilized by so rights and fair housing in the 1960’s while rais- many entertainment companies at the time. Thursday, July 8, 2004 ing their children. As she approaches her Together they formed VMG, with Anthony Mr. MCINNIS. Mr. Speaker, it is a privilege eighth decade, Patty continues to make our leading the charge. After merely four years of to rise today and pay tribute to the Rocky Ford community and country a better place. business, its roster counts big-timers such as Daily Gazette and its hard working staff in Patty and Bob welcomed nine children into the U.S. Army, Nike, Tommy Hilfiger, Coca Rocky Ford, Colorado. The Daily Gazette has this world. Without doubt, their children and Cola, Remy Martin, Foot Action, Posner Cos- long been the source of local news for the grandchildren are a tribute and a great source metics and Universal Records to name a few. community and year after year has dem- of pride. Despite e.g.. losing son Timothy at It has an income of over $7 million in annual onstrated excellence in reporting. As they cel- age seven in 1961 and husband Bob in 1986, revenue. ebrate their one-hundredth Anniversary, let it Patty maintains her ‘‘joie de vivre.’’ Terry Vital Marketing’s unusual methodology and be known that it is my pleasure to honor the Leager, Amy Schulz, Danny Regan, Becky its consistent success can be credited in great

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.033 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1333 part to its founder and president, Anthony Jo- Governor Arnold Schwarzenegger. As the di- knowledge and a chance to develop cur- seph. The Queens-bred son of a Jamaican rector, Mr. Allen oversees one of the largest riculum units that can be directly applied in mother and Puerto Rican father, Anthony, un- youth corrections agencies in the nation, with classrooms. For example, the Yale-New derstood the significance of culture early on as over 4,000 wards, nine institutions, four Haven program it is based on has offered sev- it related to marketing. camps, 16 parole offices and two regional pa- eral thirteen-session seminars each year, led In May 2001, VMG was presented with the role offices. by Yale faculty, on topics that teachers have Black Enterprise Rising Star Award, in honor Born and raised in Oakland, California, Mr. selected to enhance their mastery of the spe- of the high revenues garnered by VMG’s high Allen earned a Bachelor of Science degree in cific subject area that they teach. profile clients. A year later, VMG offered fur- Urban Planning from California Polytechnic The result is that teachers have been found ther proof that they were on the assent when University in Pomona. Following graduation, to gain confidence in their deeper under- they turned a cold call and a year of conversa- Mr. Allen began his long and dedicated career standing of the subject matter and enthusiasti- tion into a multimillion dollar contract with the in law enforcement beginning as a Police Offi- cally deliver their new curriculum to the class- U.S. Army via advertising giant Leo Burnett. cer with the Chino Police Department and room—qualities that translate into higher ex- Mr. Speaker, Anthony Joseph has created a transitioning to a Special Agent for the Cali- pectations for their students and in turn, higher successful company through his own hard fornia Department of Justice, Bureau of Nar- student achievement. work and ingenuity. As such, he is more than cotic Enforcement. Over the past 20 years, And student achievement is what this effort worthy of receiving our recognition today and Mr. Allen has distinguished himself in every is about. By allowing teachers to determine I urge my colleagues to join me in honoring avenue of his career where he has earned the seminar subjects—by providing them the this truly remarkable person. special agent assignments and leadership ap- resources to develop curricula for their class- f pointments. Most recently, Mr. Allen served as room and their students—this legislation lifts the Assistant Chief for the California Depart- up our students by empowering teachers. With PAYING TRIBUTE TO GRETCHEN ment of Justice, Bureau of Narcotic Enforce- a K through 12 teacher shortage forecast in SEHLER ment. the near-future, those already teaching will do In 1997, Mr. Allen became active in local the majority of teaching in the classrooms in HON. SCOTT McINNIS politics and was elected to serve on the city the very near future. As such, it is imperative OF COLORADO council for Covina, California, where he has that we invest in methods to strengthen our IN THE HOUSE OF REPRESENTATIVES actively participated as Mayor Pro Tem and present teaching workforce. Mayor. Currently, Mr. Allen serves as council Like the Yale-New Haven Teachers Institute Thursday, July 8, 2004 member and continues to work towards main- before it, we believe this program can provide Mr. MCINNIS. Mr. Speaker, it is my privilege taining a high quality of life for the citizens of a model for communities around the country. to rise today to pay tribute to Gretchen Sehler Covina. And so, it is my distinct honor to introduce the of Steamboat Springs, Colorado. As a ski in- Throughout his life, Mr. Allen has dem- Teacher Professional Development Institutes structor and an avid outdoorswoman, Gretch- onstrated his commitment to public service Act, and I look forward to its consideration in en has inspired the community to take full ad- through his career and political activism. He this body. vantage of the outdoor recreation opportunities has proven to be an honorable citizen and has f in her community. I would like to join my col- admirably embraced his civic duty to his coun- leagues here today and recognize Gretchen try. I am proud to honor Mr. Allen’s achieve- CONGRATULATING FOR THE LOVE before this body of Congress and this nation. ments and congratulate him on his new ap- OF THE LAKE Gretchen first moved to Steamboat Springs pointment. to work as a ski instructor in 1983. Every win- f HON. JEB HENSARLING ter she dedicates herself to teaching inter- OF TEXAS THE TEACHER PROFESSIONAL ested people the fundamentals of skiing and, IN THE HOUSE OF REPRESENTATIVES in doing so, has had the opportunity to share DEVELOPMENT INSTITUTES ACT Thursday, July 8, 2004 her passion for the outdoors. When the ski slopes close for the year, her desire for out- HON. ROSA L. DeLAURO Mr. HENSARLING. Today, I would like to door recreation remains. In the past, she has OF CONNECTICUT congratulate a very special organization on a spent time as a life guard at the Steamboat IN THE HOUSE OF REPRESENTATIVES very special anniversary. On Saturday, July Springs Health and Recreation Center, but her 10, 2004, White Rock Lake’s ‘‘For the Love of Thursday, July 8, 2004 current passion is mountain biking. Working the Lake’’ organization will mark the 100th for the Parks and Recreational Services De- Ms. DELAURO. Mr. Speaker, I rise today to consecutive month of shoreline spruce-ups partment, she has organized a series of eight introduce the Teacher Professional Develop- that have helped keep the shores of White mountain bike races involving over eight-hun- ment Institutes Act, legislation based on a Rock Lake clean and the surrounding park dred riders. Recently, Gretchen and two unique and highly successful partnership be- looking beautiful. friends started Rocky Peak Productions and tween the New Haven Public School System For the Love of the Lake is a truly grass- created a new twenty-four hour endurance and Yale University. Based on the model roots effort, made up of caring volunteers who mountain bike race in Steamboat Springs. which has been operating at Yale for over 25 are dedicated to improving White Rock Lake Mr. Speaker, it is a pleasure to recognize years, my proposal would establish eight new and the surrounding area. The organization is Gretchen Sehler and her commitment to im- Teacher Professional Development Institutes a shining example of conservation and vol- proving the lifestyles of her fellow citizens. throughout the country each year over the unteerism in action. For the Love of the Lake Outdoor recreation is very important in Colo- next five years. shows what good people can do when they rado’s communities and Gretchen’s work ex- Today, it is more important than ever for our come together to accomplish something for emplifies this spirit for recreation. I thank nation’s teachers to have access to the skills the betterment of their community. Gretchen for her work and wish her all the and resources they need to prepare our chil- My wife, Melissa, and our two young chil- best in her future endeavors. dren for the future. Since 1978, the Institute dren enjoy White Rock Lake very much. The f has been providing area educators with the lake area is important, not just to those who opportunity to strengthen themselves profes- live in the neighboring streets, but to all of the TRIBUTE TO MR. WALTER ALLEN sionally through annual seminars in the hu- people that come to White Rock Lake to enjoy III manities and sciences—by working with pro- the beautiful landscape, water, trees and gram participants to bring the curriculum and parks. HON. GARY G. MILLER lessons of the seminars to the classroom. For the Love of the Lake volunteers under- OF CALIFORNIA In this bill, every Teacher Institute would stand that we have a duty to protect and pre- IN THE HOUSE OF REPRESENTATIVES consist of a partnership between an institution serve these wonderful natural resources for of higher education and the local public school our children and future generations. Since its Thursday, July 8, 2004 system in which a significant proportion of the inception in 1995, thousands of people have Mr. GARY G. MILLER of California. Mr. students come from low-income households. given their time, effort and energy in a variety Speaker, I rise to pay tribute and congratulate The program strengthens the present teacher of ways to help keep White Rock Lake looking Mr. Walter Allen, III as the newly appointed di- workforce by giving participants the oppor- beautiful, from picking up litter, to painting mu- rector of the California Youth Authority by tunity to gain more sophisticated content rals and buildings at the park, to attending

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.035 E08PT1 E1334 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2004 fund raising events, or helping with White fore he was to turn over the office of President done so much to foster positive relations with Rock Marathons. to his elected successor. President Klestil was the United States and to help his country and Over the years, For the Love of the Lake a man of distinction whom I knew, admired its people deal with their past. has been honored with countless awards and and considered a friend. recognized by numerous organizations for Thomas Klestil was born in Vienna in 1932, f their outstanding work. Dallas Observer maga- the youngest of five children of a tram driver. COMMEMORATING COMPLETION OF zine said, ‘‘For the Love of the Lake is easily After completing a doctorate in economics and PHASE ONE OF THE JOHN N. one of Dallas’ best volunteer service organiza- business in 1957, he entered the Austrian dip- HARDEE AIRPORT EXPRESSWAY tions,’’ and I could not agree more. lomatic service. Some 18 years of his diplo- On behalf of all of the people in Dallas, es- matic career of 35 years was spent in the HON. JOE WILSON pecially those who live in neighborhoods near United States, first as a junior diplomat in OF SOUTH CAROLINA White Rock Lake, I would like to congratulate Washington and later as Consul General in the For the Love of the Lake organization and Los Angeles, Ambassador to the United Na- IN THE HOUSE OF REPRESENTATIVES volunteers on their tremendous accomplish- tions in New York, and then as Ambassador to Thursday, July 8, 2004 ment. I would also like to thank them for their the United States here in Washington. I Mr. WILSON of South Carolina. Mr. Speak- continued and valuable service to our commu- worked with him during the time he served as er, I along with my colleague, Mr. BARRETT of nity. Ambassador in Washington. Following his South Carolina, would like to take this oppor- f election as President, I met with him in Vienna tunity to commemorate the completion of on more than one occasion. Phase One of the John N. Hardee Airport Ex- PAYING TRIBUTE TO EDMUND Mr. Speaker, Thomas Klestil was elected to CHELEWSKI pressway. This will be announced to the peo- the office of President at a difficult time in ple of South Carolina at a ribbon cutting cere- Austria’s post-World War II history. His prede- mony on Monday, July 10. The completion of HON. SCOTT McINNIS cessor as Austrian President was Kurt Wald- this 2.8 mile expressway will provide easy and OF COLORADO heim, former Secretary General of the United direct access to the Columbia Metropolitan IN THE HOUSE OF REPRESENTATIVES Nations. Austria’s international reputation was Airport. severely damaged by the disclosure that Thursday, July 8, 2004 This expressway, which widened Airport Waldheim had lied about his Nazi military Road from Airport Boulevard in Cayce to Platt Mr. MCINNIS. Mr. Speaker, it is with a sol- service during World War II. Springs Road in Springdale, will make a vast emn heart that I rise today to recognize the Klestil played an important role in helping to difference in the way South Carolinians and life and passion of Edmund Chelewski of Rifle, restore Austria’s image, and in acknowledging visitors commute to the airport. We are looking Colorado. He will be remembered as a dedi- and taking steps to remedy the ugly taint of forward to the next and final phase of the cated servant to our nation and an innovative Austria’s Nazi past. He spoke out numerous project, which is currently under design and farmer in his community. As his family and times about Austria’s complicity with the Nazi should begin construction in 2006. This will community mourn his passing, I would like to regime during World War II, and he expressed provide for a new four-lane road extending Air- take this opportunity to remember the life of sympathy and regret for the victims of the Hol- port Road to Interstate 26. Coupled with the this exceptional man. ocaust. During an official visit to Israel in success of the John N. Hardee Expressway, Edmund was born and raised in Saint Paul, 1994, he spoke before the Israeli Knesset and these two new roadways will reduce traffic and Nebraska. During the Korean War he faithfully reaffirmed a statement made by Chancellor provide direct access to the growing Columbia served in the United States Army as a mem- Franz Vranitzky in 1991 acknowledging the re- Metropolitan Airport by passenger and cargo ber of H Company in the First Infantry Regi- sponsibility of Austrians in the Holocaust and vehicles, removing some 25,000 vehicles each ment. When he returned from the war he admitting that Austrians were not only victims, year from the local network surrounding the worked as a farmer in Nebraska and Colorado but also active collaborators with Hitler’s re- airport. for over two decades. In 1948, he married gime. We would like to thank the people at the Doris Price. He and his family moved to the Mr. Speaker, although Klestil was elected South Carolina Department of Transportation town of Rifle in 1963. His innovativeness President as the candidate of the Austrian (SCDOT) for all of their hard work in com- thrived in Rifle. He was the first to use an irri- People’s Party, he clashed with the party lead- pleting this important project. Mrs. Elizabeth gation system on Silt Mesa and he developed er Wolfgang Schossel. He was critical of Mabry, Executive Director of SCDOT, and Mr. farm equipment that he would later patent. Schossel’s decision to form a coalition govern- John Hardee, SCDOT Second District Com- One piece of farm equipment that he designed ment with the far-right Freedom Party of Jorg missioner for whom the expressway is named, and patented was shared with the world at the Haider in 2000. Several months of inter- thank you for your tireless dedication in getting 1965 World’s Fair. He saw an opportunity in national diplomatic sanctions against Austria this phase of the project completed. This ex- 1972 to get out of farming and open resulted from the formation of that govern- pressway will be helpful to the people of the Chelewski Pipe & Supply, but still remained ment. Though the role of Austrian President is entire state of South Carolina, and for this you active in cultivating agriculture in his garden largely ceremonial and representational, Klestil are appreciated. whenever he had the time. Edmund was ac- demonstrated his disapproval of the coalition tive in the community as a supporter of Future government with the Freedom Party by pub- f Farmers of America and as a member of the licly exhibiting stern disdain as he ceremo- Bookcliff Soil Conservation District. nially swore the new government into office. HONORING THE CONTRIBUTIONS Mr. Speaker, I am honored to pay tribute to He later stated in an interview, ‘‘The Free- OF DR. BRENDAN GODFREY the life of Edmund Chelewski. He will be re- dom Party is not a Nazi party, but, unfortu- membered in his community for his creativity nately, the highest officials of this party con- HON. CIRO D. RODRIGUEZ and inventiveness, his hard work as a farmer, tinue to use a language which disqualifies OF TEXAS and his commitment as a soldier. My heart them for every political office.’’ IN THE HOUSE OF REPRESENTATIVES President Klestil also played an important goes out to his family and community during Thursday, July 8, 2004 this difficult time of bereavement. role in strengthening Austria’s ties with the f Central European states emerging from almost Mr. RODRIGUEZ. Mr. Speaker, I rise today half a century of Soviet domination. In 1993, to recognize Dr. Brendan Godfrey, a great sci- TRIBUTE TO THOMAS KLESTIL, the year after his election, he began con- entist, leader, and friend. As the Deputy Direc- PRESIDENT OF AUSTRIA vening yearly meetings with the heads of state tor of the 311th Human Systems Wing at of these new democracies, which strength- Brooks City-Base, formerly Brooks Air Force HON. TOM LANTOS ened their ties with Austria and also helped Base, since 1998, Dr. Godfrey has served the OF CALIFORNIA the new governments to strengthen their com- medical and human system needs of the Air IN THE HOUSE OF REPRESENTATIVES mitment to democratic principles. Force and the San Antonio community. Mr. Speaker, I invite my colleagues to join Dr. Godfrey has proven his leadership skills Thursday, July 8, 2004 me in expressing our most sincere condo- and abilities, to the benefit of Brooks, the Air Mr. LANTOS. Mr. Speaker, earlier this lences to the family of President Thomas Force, and the San Antonio community. Dr. week, Thomas Klestil, President of the Repub- Klestil and to the people of Austria on the Godfrey has been a true partner in the trans- lic of Austria, passed away just two days be- death of this principled statesman, who has formation of Brooks from an Air Force base to

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.038 E08PT1 July 8, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1335 the first city-base in the country. He has pro- have benefited both Air Force warfighters and create innovations that will enable the Air vided good counsel, creative ideas, and tre- the local community. Force to better serve its military members and mendous energy to make this first-ever transi- Dr. Godfrey’s accomplishments have distin- our country. tion a reality. guished him from his peers, and his col- It is a pleasure to recognize and thank Dr. Brooks City-Base has greatly benefited from leagues have recognized his leadership skills Godfrey for his many contributions and public Dr. Godfrey’s 30 years of scientific and mana- by naming him the Director of the Air Force service. I ask the Members of the House of gerial experience. He has successfully man- Office of Scientific Research. I am happy to Representatives to join me in honoring this aged large staffs and budgets, and under Dr. congratulate him on this new assignment; gentleman on his promotion as the new Direc- Godfrey’s direction, Brooks City-Base has in- however, I know Brooks City-Base and the tor of the Air Force Office of Scientific Re- creased its productivity and has forged un- San Antonio community will miss his valuable search and wish Dr. Brendan Godfrey and his precedented community partnerships that service. I am confident that he will continue to family all the best.

VerDate jul 14 2003 06:39 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.040 E08PT1 Thursday, July 8, 2004 Daily Digest Senate During consideration of this measure today, Senate Chamber Action also took the following action: Routine Proceedings, pages S7775–S7870 By 44 yeas to 43 nays (Vote No. 154), three-fifths Measures Introduced: Seventeen bills and two reso- of those Senators duly chosen and sworn, not having lutions, were introduced as follows: S. 2619–S. 2635, voted in the affirmative, Senate rejected the motion S. Res. 401, and S. Con. Res. 121. Pages S7827–28 to close further debate on the bill. Page S7819 Measures Reported: Nominations—Agreement: A unanimous-consent S. 2386, to authorize appropriations for fiscal year agreement was reached providing that the nomina- 2005 for intelligence and intelligence-related activi- tions of Juan Carlos Zarate, of California, to be an ties of the United States Government, the Intel- Assistant Secretary of the Treasury, and Stuart Levey, ligence Community Management Account, and the of Maryland, to be Under Secretary of the Treasury Central Intelligence Agency Retirement and Dis- for Enforcement, be re-referred to the Committee on ability System, with amendments. (S. Rept. No. Finance and referred to the Committee on Banking, 108–300) Page S7827 Housing, and Urban Affairs; further, that when the nominations are reported by the Committee on Measures Passed: Banking, Housing, and Urban Affairs, they then be Garrett Lee Smith Memorial Act: Senate passed automatically discharged from the Committee on Fi- S. 2634, to amend the Public Health Service Act to nance, and placed on the executive calendar. support the planning, implementation, and evalua- Page S7864 tion of organized activities involving statewide youth suicide early intervention and prevention strategies, Nominations Confirmed: Senate confirmed the fol- to provide funds for campus mental and behavioral lowing nominations: 1 Marine Corps nomination in the rank of general. health service centers. Page S7864 1 Navy nomination in the rank of admiral. Class Action Fairness Act: Senate continued con- Page S7870 sideration of S. 2062, to amend the procedures that apply to consideration of interstate class actions to Nominations Received: Senate received the fol- assure fairer outcomes for class members and defend- lowing nominations: ants, taking action on the following amendments Valerie Lynn Baldwin, of Kansas, to be an Assist- proposed thereto: Pages S7782–S7819 ant Secretary of the Army. Pending: Christopher J. LaFleur, of New York, to be Am- Frist Amendment No. 3548, relative to the enact- bassador to Malaysia. ment date of the Act. Page S7782 2 Army nominations in the rank of general. Frist Amendment No. 3549 (Amendment No. 2 Navy nominations in the rank of admiral. 3548), relative to the enactment date of the Act. Routine lists in the Air Force, Coast Guard, Navy. Page S7782 Pages S7868–70 Frist Motion to Commit the bill to the Com- Messages From the House: Pages S7824–25 mittee on the Judiciary, with instructions to report Measures Referred: Page S7825 back forthwith. Frist Amendment No. 3550 (to the instructions of Measures Placed on Calendar: Page S7825 the motion to commit), relative to the enactment Measures Read First Time: Page S7825 date of the Act. Page S7782 Executive Communications: Pages S7825–27 Frist Amendment No. 3551 (Amendment No. 3550), relative to the enactment date of the Act. Executive Reports of Committees: Page S7827 Page S7782 Additional Cosponsors: Pages S7828–29 D729

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Statements on Introduced Bills/Resolutions: Office of State and Local Government Coordination Pages S7829–43 and Preparedness, and R. David Paulison, Director, Additional Statements: Pages S7823–24 Preparedness Division and United States Fire Ad- ministrator, Federal Emergency Management Agen- Amendments Submitted: Pages S7843–62 cy, both of the Department of Homeland Security; Notices of Hearings/Meetings: Page S7862 Ernest Mitchell, International Association of Fire Authority for Committees to Meet: Pages S7862–63 Chiefs, Fairfax, Virginia; E. James Monihan, Lewes Fire Department, Lewes, Delaware, on behalf of the Privilege of the Floor: Page S7863 National Volunteer Fire Council; Billy E. Shields, Record Votes: One record vote was taken today. Professional Fire Fighters of Arizona, Phoenix, on (Total—154) Page S7819 behalf of the International Association of Fire Fight- Adjournment: Senate convened at 10 a.m., and ad- ers; and James M. Shannon, National Fire Protection journed at 8:18 p.m., until 9:30 a.m., on Friday, Association, Quincy, Massachusetts. July 9, 2004. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on page TAXPAYERS’ DOLLARS S7867.) Committee on Governmental Affairs: Subcommittee on Financial Management, the Budget, and Inter- Committee Meetings national Security concluded a hearing to examine the federal government’s financial statement and ac- (Committees not listed did not meet) countability of taxpayer dollars at the Departments BUSINESS MEETING of Defense and Homeland Security, focusing on financial accounting and reporting, and audit chal- Committee on Armed Services:Committee ordered favor- lenges, after receiving testimony from David M. ably reported the following business items: Walker, Comptroller General of the United States, S. 2386, to authorize appropriations for fiscal year Gregory D. Kutz, Director, Financial Management 2005 for intelligence and intelligence-related activi- and Assurance, and McCoy Williams, Director, Fi- ties of the United States Government, the Intel- nancial Management and Assurance, all of the Gov- ligence Community Management Account, and the ernment Accountability Office; Linda M. Springer, Central Intelligence Agency Retirement and Dis- Controller, Office of Federal Financial Management, ability System, with amendments; and Office of Management and Budget; Donald V. Ham- The nominations of Admiral Vernon E. Clark, mond, Fiscal Assistant Secretary of the Treasury; USN, for reappointment to the grade of admiral and Lawrence J. Lanzillotta, Acting Under Secretary to be Chief of Naval Operations, and Lieutenant (Comptroller), and Francis E. Reardon, Deputy In- General James E. Cartwright, USMC, for appoint- spector General for Auditing, Office of the Inspector ment to the grade of general and to be Commander, General, both of the Department of Defense; and United States Strategic Command. Andrew B. Maner, Chief Financial Officer, and Clark Prior to this action, committee concluded a hear- Kent Ervin, Inspector General, both of the Depart- ing to examine the nominations of Admiral Vernon ment of Homeland Security. E. Clark, and Lieutenant General James E. Cart- wright, (both listed above), after each nominee testi- BUSINESS MEETING fied and answered questions in their own behalf. Committee on the Judiciary: Committee ordered favor- ASSISTANCE TO FIREFIGHTERS ACT ably reported the nominations of Michael H. Wat- Committee on Commerce, Science, and Transportation: son, to be United States District Judge for the Committee concluded a hearing to examine S. 2411, Southern District of Ohio, and Isaac Fulwood, Jr., of to amend the Federal Fire Prevention and Control the District of Columbia, to be a Commissioner of Act of 1974 to provide financial assistance for the the United States Parole Commission. improvement of the health and safety of firefighters, Also, Committee met and began consideration of promote the use of life saving technologies, achieve the nomination of Claude A. Allen, of Virginia, to greater equity for departments serving large jurisdic- be U.S. Circuit Judge for the Fourth Circuit, but did tions, after receiving testimony from Senators not take final action thereon, and recessed subject to DeWine and Dodd; C. Suzanne Mencer, Director, call.

VerDate jul 14 2003 06:44 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY4.REC D08JY4 July 8, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D731 House of Representatives ignate the third floor of the Ellis Island Immigration Chamber Action Museum, located on Ellis Island in New York Har- Measures Introduced: 10 public bills, H.R. bor, as the ‘‘Bob Hope Memorial Library’’, be re-re- 4779–4788; 1 private bill, H.R. 4789; and 1 resolu- ferred to the Committee on Resources. Page H5348 tion, H. Con. Res. 470 were introduced. Department of Commerce, Justice, and State, the Pages H5401–02 Judiciary, and related agencies Appropriations Additional Cosponsors: Page H5402 Act for FY 2005: The House passed H.R. 4754, Reports Filed: Reports were filed today as follows: making appropriations for the Departments of Com- H. Res. 710, providing for consideration of H.R. merce, Justice, and State, the Judiciary, and related 4766, making appropriations for Agriculture, Rural agencies for the fiscal year ending September 30, Development, Food and Drug Administration, and 2005 by a yea and nay vote of 397 yeas to 18 noes Related Agencies for the fiscal year ending Sep- Roll No. 346. Pages H5348–84 tember 30, 2005 (H. Rept. 108–591) and; The bill was also considered on Wednesday, July H. Res. 711, providing for the consideration of 7. H.R. 2828, to authorize the Secretary of the Interior Rejected the Hoyer motion to recommit the bill to implement water supply technology and infra- to the committee on appropriations with instructions structure programs aimed at increasing and diversi- (by a recorded vote of 194 ayes to 223 noes, 1 vot- fying domestic water resources (H. Rept. 108–592). ing present, Roll No. 345); Pages H5381–83 Page H5402 Agreed to: Weiner amendment that prohibits the use of Chaplain: The prayer was offered today by Rev. funds in contravention of the provisions of the For- John M. O’Neill, Pastor, Our Lady of Good Counsel eign Relations Authorization Act, Fiscal Year 2003; Page H5333 Catholic Church in Vienna, Virginia. Page H5373 Legislative Branch Appropriations Act for FY Akin amendment (No. 20 printed in the Congres- 2005—Rule for Consideration: The House agreed sional Record of July 6) that prohibits the use of to H. Res. 707, the rule providing for consideration funds in contravention of provisions of the United of H.R. 4755, making appropriations for the Legisla- States Leadership Against HIV/AIDS, Tuberculosis, tive Branch for the fiscal year ending September 30, and Malaria Act of 2003 (by a recorded vote of 306 2005, by a yea and nay vote of 223 yes to 194 nays, ayes to 113 noes, Roll No. 340); Roll No. 336. Pages H5341–47 Pages H5357–58, H5375 Manufacturing Technology Competitiveness Act Rejected: for 2003—Rule for Consideration: The House Sherman amendment (No. 25 printed in the Con- agreed to H. Res. 706, the rule providing for consid- gressional Record of July 7) that sought to prohibit eration of H.R. 3598, to establish an interagency the use of funds to detain for more than 30 days, committee to coordinate Federal manufacturing re- or defend in court the detention of a U.S. citizen, search and development efforts in manufacturing, apprehended on U.S. territory, solely because that strengthen existing programs to assist manufacturing citizen is classified as an enemy combatant; or to innovation and education, and expand outreach pro- classify a U.S. citizen as an enemy combatant unless grams for small and medium-sized manufacturers, by that citizen is apprehended outside the U.S. a yea and nay vote of 217 yeas to 196 nays, Roll Pages H5365–69 No. 337. Pages H5335–41, H5347 Sanders amendment (No. 2 printed in the Con- Suspensions: The House agreed to suspend the rules gressional Record of July 6) that sought to prohibit and pass the following measure which was debated the use of funds from being used under the Foreign on July 7: Intelligence Surveillance Act to acquire library circulation records, library patron lists, library Internet National Windstorm Impact Reduction Act of records, bookseller records, or bookseller customer 2004: H.R. 3980, amended, to establish a National lists (by a record vote of 210 ayes to 210 noes, 1 Windstorm Impact Reduction Program, by a 2/3 yea voting present, Roll No. 339); and nay vote of 327 yeas to 26 nays, Roll No. 338. Pages H5348–56, H5373–74 Pages H5347–48 King of Iowa amendment that sought to provide Bob Hope Memorial Library Designation—Com- funds for enforcing sections of the Illegal Immigra- mittee Referral: Agreed that H.R. 4668, to des- tion Reform and Immigrant Responsibility Act of

VerDate jul 14 2003 06:44 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY4.REC D08JY4 D732 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2004 1996 (by a recorded vote of 139 to 278 noes, Roll Agencies approved for full Committee action the No. 341); Pages H5360–62, H5375–76 Labor, Health and Human Services, Education and Smith of Michigan amendment that sought to re- Related Agencies appropriations for fiscal year 2005. duce contributions to international organizations by $20 million (by a recorded vote of 129 ayes to 291 DOD TRADE OFFSETS IMPLICATIONS noes, Roll No. 342); Pages H5362–65, H5376 Committee on Armed Services: Held a hearing on the Hefley amendment that sought to limit the economic, technology, vocational and skills implica- amount for the United States Court of Federal tions of the Department of Defense trade offsets. Claims to $7.5 million (by a recorded vote of 67 Testimony was heard from Katherine V. Schinasi, ayes to 347 noes, Roll No. 343); Managing Director, Acquisition and Sourcing Man- Pages H5369–70, H5377 agement Team, GAO; and public witnesses. Hefley amendment that sought to reduce total funding provided for in the bill by one percent (by FASB PROPOSALS ON STOCK OPTION a recorded vote of 81 ayes to 327 noes, Roll No. EXPENSING 344); Pages H5372–73, H5377–78 Withdrawn: Committee on Energy and Commerce: Subcommittee on Otter amendment (No. 4 printed in the Congres- Commerce, Trade, and Consumer Protection held a sional Record of July 6) that was offered and subse- hearing entitled ‘‘FASB Proposals on Stock Option quently withdrawn that would have limited ‘‘sneak Expensing.’’ Testimony was heard from David M. and peek’’ search warrants by narrowing the cir- Walker, Comptroller General, GAO; Robert H. cumstances under which notice of the execution of Herz, Chairman, Financial Accounting Standards the warrant is delayed to circumstances where the Board; and public witnesses. court finds reasonable cause to believe that providing UN’s OIL FOR FOOD PROGRAM immediate notification of the warrant ‘‘will endanger the life or physical safety of an individual, resulting Committee on Energy and Commerce: Subcommittee on in flight from prosecution, or result in the destruc- Energy and Air Quality held a hearing entitled tion of or tampering with the evidence sought in the ‘‘United Nations Oil for Food Program.’’ Testimony warrant.’’; Pages H5358–60 was heard from Representative Flake; Joseph A. Sherman amendment that sought to prohibit the Christoff, Director, International Affairs and Trade, use of funds to implement, litigate or defend the le- GAO; and public witnesses. gality of, or enforce the regulations prescribed by the Comptroller of the Currency and published in the DIGESTIVE DISEASES Federal Register on January 13, 2004; Pages H5370–72 Committee on Energy and Commerce: Subcommittee on H. Res. 701, the rule providing for consideration Health held a hearing entitled ‘‘Assessing Digestive of the bill was agreed to on Wednesday, July 7. Diseases Research and Treatment Opportunities.’’ Motion to Adjourn: Rejected the Nadler motion to Testimony was heard from Allen M. Spiegel, M.D., adjourn by a recorded vote of 64 ayes to 324 noes, Director, National Institute of Diabetes and Diges- Roll No. 347. Pages H5383–84 tive and Kidney Diseases, Department of Health and Human Services; and public witnesses. Amendments: Amendments ordered printed pursuant to the rule appear on pages H5402. MISCELLANEOUS MEASURES; POST 9/11 Quorum Calls—Votes: Four yea and nay votes and WORLD TELEWORK OPPORTUNITIES eight recorded votes developed during the pro- Committee on Government Reform: Ordered reported the ceedings of today and appear on pages H5346–47, following measures: H.R. 4380, To designate the fa- H5347, H5347–48, H5373–74, H5375, H5375–76, cility of the United States Postal Service located at H5376, H5377, H5377–78, H5382–83, H5383, 4737 Mile Stretch Drive in Holiday, Florida, as the and H5383–84. There were no quorum calls. ‘‘Sergeant First Class Paul Ray Smith Post Office Adjournment: The House met at 10 a.m. and ad- Building;’’ H.R. 4381, To designate the facility of journed at 8:01 p.m. the United States Postal Service located at 2811 Springdale Avenue in Springdale, Arkansas, as the Committee Meetings ‘‘Harvey and Bernice Jones Post Office Building;’’ H.R. 4442, To designate the facility of the United LABOR, HHS, EDUCATION AND RELATED States Postal Service located at 1050 North Hills AGENCIES APPROPRIATIONS Boulevard in Reno, Nevada, as the ‘‘Guardians of Committee on Appropriations: Subcommittee on Labor, Freedom Memorial Post Office Building’’ and to au- Health and Human Services, Education and Related thorize the installation of a plaque at such site; H.

VerDate jul 14 2003 06:44 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY4.REC D08JY4 July 8, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D733 Res. 646, Expressing the sense of the House of Rep- Marcos National Monument Preservation and Edu- resentatives that there should be established a Na- cation Act; H.R. 3954, amended, Rancho El Cajon tional Community Health Center Week to raise Boundary Reconciliation Act; and S. 1576, Harpers awareness of health services provided by community, Ferry National Historical Park Boundary Revision migrant, public housing, and homeless health cen- Act of 2003. ters; H. Res. 684, Honoring David Scott Tidmarsh, MISCELLANEOUS MEASURES the 2004 Scripps National Spelling Bee Champion; and H. Res. 702, Honoring former President Gerald Committee on Resources: Subcommittee on Water and R. Ford on the occasion of his 91st birthday and ex- Power approved for full Committee action the fol- tending the best wishes of the House of Representa- lowing bills: H.R. 3391, amended, Provo River tives to former President Ford and his family. Project Transfer Act; H.R. 4459, Llagas Reclamation The Committee also held a hearing entitled ‘‘Ben- Groundwater Remediation Initiative; and H.R. eficial or Critical? The Heightened Need for 4606, Southern California Groundwater Remediation Telework Opportunities in the Post-9/11 World.’’ Act. Testimony was heard from Kay Coles James, Direc- The Subcommittee also held a hearing on the fol- tor, OPM; Stephen A. Perry, Administrator, GSA; lowing bills: S. 943, To authorize the Secretary of Pamela J. Gardiner, Acting Inspector General, Tax the Interior to contract with the city of Cheyenne, Administration, Department of the Treasury; Scott J. Wyoming, for storage of the city’s water in the Cameron, Deputy Assistant Secretary, Performance, Kendrick Project, Wyoming; H.R. 4588, Lower Rio Accountability, and Human Resources, Department Grande Valley Water Resources Conservation and of the Interior; J. Christopher Mihm, Director, Stra- Improvement Act of 2004; and H.R. 4650, Witchita tegic Issues, GAO; and a public witness. Project Equus Beds Division Authorization Act of 2004. Testimony was heard from Mark A. TRAFFICKING IN PERSONS Limbaugh, Deputy Commissioner, Bureau of Rec- Committee on Government Reform: Subcommittee on lamation, Department of the Interior; and public Human Rights and Wellness held a hearing entitled witnesses. ‘‘Trafficking in Persons: The Federal Government’s AGRICULTURE, RURAL DEVELOPMENT, Approach to Eradicate This Worldwide Problem.’’ FDA AND RELATED AGENCIES Testimony was heard from John Miller, Director, APPROPRIATIONS FOR FISCAL YEAR 2005 Office to Monitor and Combat Trafficking in Per- Committee on Rules: Granted, by voice vote, an open sons, Department of State; Deborah Daniels, Assist- rule providing 1 hour of general debate on H.R. ant Attorney General, Office of Victims in Crimes, 4766, making appropriations for Agriculture, Rural Office of Justice Programs, Department of Justice; Development, Food and Drug Administration and Christopher Gersten, Principal Deputy Assistant Sec- Related Agencies for the fiscal year ending Sep- retary, Administration for Children and Families, tember 30, 2005, equally divided and controlled be- Department of Health and Human Services; and tween the chairman and ranking minority member public witnesses. of the Committee on Appropriations. The rule FAMILY MOVIE ACT OF 2004 waives all points of order against consideration of the Committee on the Judiciary: Subcommittee on Courts, bill. Under the rules of the House the bill shall be the Internet, and Intellectual Property approved for read for amendment by paragraph. The rule waives full Committee action, as amended, H.R. 4586, points of order against provisions in the bill for fail- Family Movie Act of 2004. ure to comply with clause 2 of rule XXI (prohibiting unauthorized appropriations or legislative pro- ENERGY AND MINERALS WORKFORCE visions in an appropriations bill), except as specified Committee on Resources: Subcommittee on Energy and in the resolution. The rule provides that the amend- Mineral Resources held an oversight hearing entitled ment printed in the Rules Committee report accom- ‘‘The Aging of the Energy and Minerals Workforce: panying the resolution may be offered only by a A Crisis in the Making?’’ Testimony was heard from Member designated in the report and only at the ap- public witnesses. propriate point in the reading of the bill, shall be considered as read, shall be debatable for the time MISCELLANEOUS MEASURES specified in the report equally divided and controlled Committee on Resources: Subcommittee on National by the proponent and an opponent, and shall not be Parks, Recreation and Public Lands approved for full subject to amendment. The rule waives all points of Committee action the following bills: H.R. 1630, order against the amendment printed in the report. amended, Petrified Forest National Park Expansion The rule authorizes the Chair to accord priority in Act of 2003; H.R. 2457, amended, Castillo de San recognition to Members who have pre-printed their

VerDate jul 14 2003 06:44 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY4.REC D08JY4 D734 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2004 amendments in the Congressional Record. Finally, Water Quality Investment Act of 2003; H.R. 4470, the rule provides one motion to recommit with or To amend the Federal Water Pollution Control Act without instructions. Testimony was heard from to extend the authorization of appropriations for the Representative Bonilla. Lake Pontchartrain Basin Restoration Program from WATER SUPPLY, RELIABILITY, AND fiscal year 2005 to 2010; H.R. 4688, To amend the ENVIRONMENTAL IMPROVEMENT ACT Federal Water Pollution Control Act to reauthorize the Chesapeake Bay Program; and H.R. 4731, To Committee on Rules: Granted, by voice vote, a modi- amend the Federal Water Pollution Control Act to fied closed rule providing 1 hour of debate in the reauthorize the National Estuary Program. Testi- House on H.R. 2828, Water Supply, Reliability, and mony was heard from Representatives Camp and Environmental Improvement Act, equally divided Vitter; and public witnesses. and controlled by the chairman and ranking minority member of the Committee on Resources. The VETERANS MEDICAL FACILITIES rule waives all points of order against consideration MANAGEMENT ACT OF 2004 of the bill. The rule provides that the amendment Committee on Veterans’ Affairs: Subcommittee on in the nature of a substitute recommended by the Health approved for full Committee action H.R. Committee on Resources now printed in the bill 4768, Veterans Medical Facilities Management Act shall be considered as adopted. The rule waives all of 2004. points of order against the bill, as amended. The U.S.-AUSTRALIA FREE TRADE rule provides for consideration of the amendment in IMPLEMENTATION ACT; CUSTOMS BORDER the nature of a substitute printed in the Rules Com- SECURITY AND TRADE AGENCIES mittee report accompanying the resolution, if offered AUTHORIZATION ACT by Representative Calvert of California or his des- Committee on Ways and Means: Ordered reported the ignee, which shall be considered as read, and shall following bills: H.R. 4759, United States-Australia be separately debatable for 20 minutes equally di- Free Trade Agreement Implementation Act; and vided and controlled by the proponent and an oppo- H.R. 4418, amended, Customs Border Security and nent. The rule waives all points of order against the Trade Agencies Authorization Act of 2004. amendment in the nature of a substitute printed in the report. Finally, the rule provides one motion to STRENGTHENING HOMELAND SECURITY recommit with or without instructions. Testimony Select Committee on Homeland Security: Held a hearing was heard from Chairman Pombo and Representative entitled ‘‘Practice Makes Perfect: Strengthening Calvert. Homeland Security by Exercising Terrorism Sce- WORKFORCE HEALTH IMPROVEMENT ACT narios.’’ Testimony was heard from the following officials of the Department of Homeland Security: C. Committee on Small Business: Subcommittee on Tax, Suzanne Mencer, Executive Director, Office of State Finance and Exports held a hearing entitled ‘‘H.R. and Local Government Coordination and Prepared- 1818, Workforce Health Improvement Program Act ness; and Corey D. Gruber, Associate Director, Of- of 2003: Healthy Employees; Healthy Bottom Line.’’ fice for Domestic Preparedness; Thomas O. Mefferd, Testimony was heard from public witnesses. Director, DuPage County Office of Homeland Secu- OVERSIGHT—NATIONAL CAPITOL REGION rity and Emergency Management, State of Illinois; AIR SPACE CONTROL and Clark Kimerer, Deputy Chief of Operations, Se- Committee on Transportation and Infrastructure: Sub- attle Police Department, State of Washington. committee on Aviation held an oversight hearing on f National Capitol Region Air Space Control: A Re- NEW PUBLIC LAWS view of the Issues Surrounding the June 9, 2004 flight of ‘‘N24SP.’’ Testimony was heard from Linda (For last listing of Public Laws, see DAILY DIGEST, p. D713) Schuessler, Vice President, System Operations Serv- H.R. 884, to provide for the use and distribution ices, Air Traffic Organization, FAA, Department of of the funds awarded to the Western Shoshone iden- Transportation; and Jonathan Fleming, Chief Oper- tifiable group under Indian Claims Commission ating Officer, Transportation Security Administra- Docket Numbers 326–A–1, 326–A–3, and 326–K. tion, Department of Homeland Security. Signed on July 7, 2004. (Public Law 108–270) H.R. 2751, to provide new human capital flexi- MISCELLANEOUS MEASURES bilities with respect to the GAO. Signed on July 7, Committee on Transportation and Infrastructure: Sub- 2004. (Public Law 108–271) committee on Water Resources and Environment H.J. Res. 97, approving the renewal of import re- held a hearing on the following bills: H.R. 784, strictions contained in the Burmese Freedom and

VerDate jul 14 2003 06:44 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY4.REC D08JY4 July 8, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D735 Democracy Act of 2003. Signed on July 7, 2004. COMMITTEE MEETINGS FOR FRIDAY, (Public Law 108–272) JULY 9, 2004 S. 2017, to designate the United States courthouse (Committee meetings are open unless otherwise indicated) and post office building located at 93 Atocha Street in Ponce, Puerto Rico, as the ‘‘Luis A. Ferre United Senate States Courthouse and Post Office Building’’. Signed No meetings/hearings scheduled. on July 7, 2004. (Public Law 108–273) House Committee on Appropriations, to mark up the following appropriations for fiscal year 2005: Foreign Operations, Export Financing and Related Programs; and Military Construction, 9:15 a.m., 2359 Rayburn.

VerDate jul 14 2003 06:44 Jul 09, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY4.REC D08JY4 D736 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, July 9 9 a.m., Friday, July 9

Senate Chamber House Chamber Program for Friday: The Senate will be in a period of Program for Friday: Consideration of H.R. 3598, Manu- morning business. facturing Technology Competitiveness Act of 2003 (structured rule, one hour of general debate). Consideration of H.R. 2828, Water Supply, Reli- ability, and Environmental Improvement Act (modified closed rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E1319 Pitts, Joseph R., Pa., E1330 Hensarling, Jeb, Tex., E1333 Rahall, Nick J., II, W.Va., E1321 Andrews, Robert E., N.J., E1324, E1325 Jones, Stephanie Tubbs, Ohio, E1323, E1325, E1327 Rehberg, Dennis R., Mont., E1318 Boehner, John A., Ohio, E1328 Kildee, Dale E., Mich., E1315 Rodriguez, Ciro D., Tex., E1334 Bordallo, Madeleine Z., Guam, E1329 Lantos, Tom, Calif., E1334 Sessions, Pete, Tex., E1330 Brown, Henry E., Jr., S.C., E1324, E1326 Lowey, Nita M., N.Y., E1320 Simmons, Rob, Conn., E1315 Coble, Howard, N.C., E1318 McCarthy, Karen, Mo., E1332 Solis, Hilda L., Calif., E1316, E1326 Cramer, Robert E. (Bud), Jr., Ala., E1327 McGovern, James P., Mass., E1330 Taylor, Charles H., N.C., E1320 DeLauro, Rosa L., Conn., E1333 McInnis, Scott, Colo., E1319, E1319, E1319, E1320, Thompson, Bennie G., Miss., E1328 Emanuel, Rahm, Ill., E1316 E1320, E1320, E1321, E1321, E1322, E1322, E1323, E1324, Towns, Edolphus, N.Y., E1323, E1325, E1327, E1329, Everett, Terry, Ala., E1326 E1326, E1327, E1329, E1332, E1333, E1334 E1332 Gerlach, Jim, Pa., E1322 Miller, Gary G., Calif., E1333 Udall, Tom, N.M., E1321 Gillmor, Paul E., Ohio, E1315 Ney, Robert W., Ohio, E1324, E1325 Wilson, Joe, S.C., E1334 Hall, Ralph M., Tex., E1324, E1325 Northup, Anne M., Ky., E1326 Wolf, Frank R., Va., E1316

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