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, WEDNESDAY, FEBRUARY 4, 2004 No. 12 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, ANNOUNCEMENT BY THE SPEAKER indivisible, with liberty and justice for all. The Reverend Dr. Michael J. Easley, The SPEAKER. The Chair desires to Senior Pastor, Immanuel Bible Church, f make an announcement. Springfield, Virginia, offered the fol- After consultation with the majority lowing prayer: ANNOUNCEMENT BY THE SPEAKER and minority leaders, and with their Let us pray. Creator, Sovereign, Lord The SPEAKER. The Chair will enter- consent and approval, the Chair an- of all, help us. Though we do not detain one 1-minute at this time. nounces that during the joint meeting serve it, we humbly ask for Your to hear an address by His Excellency f mercy; that You bless this country we Jose Maria Aznar, President of the dearly love. WELCOMING DR. MICHAEL J. Government of Spain, only the doors Protect us from our enemies. We ask EASLEY immediately opposite the Speaker and not merely for ourselves but for our those on his right and left will be open. children. We ask not merely for our (Mr. PENCE asked and was given permission to address the House for 1 No one will be allowed on the floor of children but for their children. the House who does not have the privi- Protect us from ourselves. May we minute and to revise and extend his remarks.) lege of the floor of the House. never exercise the strength of tyrants, Due to the large attendance antici- misuse talents entrusted to us, or lord Mr. PENCE. Mr. Speaker, it is my pleasure to welcome Dr. Michael J. pated, the Chair feels the rule regard- over those allotted to our charge. ing the privilege of the floor must be We pray for this House and all it rep- Easley to the floor of the Congress today to open what will be a very im- strictly adhered to. Children of Mem- resents; for our men and women over- bers will not be permitted on the floor, seas, keeping an oath that they swore; portant session day in the life of this Congress in prayer. and the cooperation of all Members is for their families who keep watch and requested. pray; for all who lead, govern and Dr. Easley is senior pastor of the Im- manuel Bible Church in Springfield, The practice of reserving seats prior serve; for our marriages, our families; to the joint meeting by placing plac- for common sense; for moral restraint Virginia, and has been in that role for over a decade. He came to the region of ards will not be allowed. Members may to keep Your covenants. reserve their seats by physical presence Faithful God, we thank You. Thank the Nation’s Capital, however, from Grand Prairie, Texas, where he served only following the security sweep of You that You look at us and see Your the Chamber. son’s work, and thank You that You in ministry. He recently obtained his even hear our prayers. Doctorate of Ministry from Dallas f In Jesus’ name, Amen. Theological Seminary, where he also RECESS received a Master’s of Theology in 1985. f Dr. Michael J. Easley, Michael to his The SPEAKER. Pursuant to the THE JOURNAL friends and to the members of his order of the House of Tuesday, January 27, 2004, the House stands in recess sub- The SPEAKER. The Chair has exam- church, is a man after God’s own heart. He preaches the word of God with con- ject to the call of the Chair. ined the Journal of the last day’s pro- Accordingly (at 10 o’clock and 5 min- ceedings and announces to the House viction and with sincerity and with clarity. In every sense as a family on utes a.m.), the House stood in recess his approval thereof. subject to the call of the Chair. Pursuant to clause 1, rule I, the Jour- the occasions we find ourselves in the Nation’s Capital and find ourselves in During the recess, beginning at about nal stands approved. 10:52 a.m., the following proceedings f the pews of his church, on those weekends I can testify, Mr. Speaker, that were had: PLEDGE OF ALLEGIANCE Dr. Michael J. Easley is, as the Scrip- f The SPEAKER. Will the gentleman ture says, a workman approved, rightly b 1052 from Florida (Mr. FOLEY) come forward able to handle the word of truth. and lead the House in the Pledge of Al- It is my profound honor to welcome JOINT MEETING OF THE HOUSE legiance. him and to thank his wonderful wife, AND SENATE TO HEAR AN AD- Mr. FOLEY led the Pledge of Alle- Cindy, and his four children, Hanna, DRESS BY HIS EXCELLENCY giance as follows: Jessie, Devin, and Sarah for their con- JOSE MARIA AZNAR, PRESIDENT OF THE GOVERNMENT OF SPAIN I pledge allegiance to the Flag of the tribution to the life and Ministry of United States of America, and to the Repub- Christ in this region of our Nation. The Speaker of the House presided.

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 jul 14 2003 01:46 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.000 H04PT1 H312 CONGRESSIONAL RECORD — HOUSE February 4, 2004 The Deputy Sergeant at Arms, Kerri His Excellency Jose Maria Aznar, sponsibilities also. We know that we Hanley, announced the Vice President President of the Government of Spain. have to face risks and shoulder com- and Members of the U.S. Senate who The President of the Government of mitments, commitments that must be entered the Hall of the House of Rep- Spain, escorted by the committee of met. resentatives, the Vice President taking Senators and Representatives, entered We want to occupy a position in the the chair at the right of the Speaker, the Hall of the House of Representa- first line of defense of democracy and and the Members of the Senate the tives and stood at the Clerk’s desk. the rule of law. Alongside friends and seats reserved for them. [Applause, the Members rising.] allies in good times as well as in times The SPEAKER. The Chair appoints The SPEAKER. Members of the Con- of difficulty, we share with you values as members of the committee on the gress, it is my great privilege and I and principles. Let me say that our part of the House to escort His Excel- deem it a high honor and a personal commitment to freedom is unwavering. lency Jose Maria Aznar, President of pleasure to present to you His Excel- Equally unwavering has been the the Government of Spain, into the lency Jose Maria Aznar, President of commitment of the United States, and Chamber: the Government of Spain. allow me to pay public tribute here The gentleman from Texas (Mr. [Applause, the Members rising.] today to the American people for the indispensable role that they have DELAY); f The gentleman from Missouri (Mr. played in the fight for democracy and ADDRESS BY HIS EXCELLENCY BLUNT); freedom. JOSE MARIA AZNAR, PRESIDENT The gentlewoman from Ohio (Ms. For the last 8 years, it has been my OF THE GOVERNMENT OF SPAIN PRYCE); privilege to serve as Prime Minister of The gentleman from Nebraska (Mr. (The following address was delivered Spain. At all times I have defended the BEREUTER); in Spanish, with a simultaneous trans- value and validity of the Atlantic rela- The gentleman from Illinois (Mr. lation in English.) tionship for the good of Europe, as well WELLER); President AZNAR. Mr. Speaker, Mr. as for global stability and security. The gentlewoman from California Vice President, Honorable Members of During my term in office, I have constantly worked towards that objective, (Ms. PELOSI); Congress, ladies and gentlemen, allow The gentleman from Maryland (Mr. me to begin by thanking you most sin- firstly with the Clinton administration and more recently with the Bush ad- HOYER); cerely for the warm welcome you have The gentleman from New Jersey (Mr. extended to me this morning. I some- ministration. Indeed, one of the greatest personal and political satisfactions MENENDEZ); how have the feeling that you, like me, The gentleman from California (Mr. are looking forward to a short speech. gained from these years has been the relationship I have established and LANTOS); and As a parliamentarian and as Prime The gentleman from Texas (Mr. Minister of Spain, I am deeply honored built up with these two great Presi- dents. RODRIGUEZ). to be invited to address the United It comes as no surprise, then, that The VICE PRESIDENT. The Presi- States Congress. This Chamber is a liv- our relations are nothing short of ex- dent of the Senate, at the direction of ing symbol, admired the world over, of ceptional at present. that body, appoints the following Sen- our common desire for freedom and de- The Atlantic relationship strength- ators as a committee on the part of the mocracy. ens Europeans and Americans alike, Senate to escort His Excellency Jose I recall the great emotion the people and it makes the world a safer and Maria Aznar, President of the Govern- of Spain felt on June 2, 1976, when King freer place. ment of Spain, into the House Cham- Juan Carlos I spoke from this very ros- In working intensely to further the ber: trum on the occasion of the commemo- process of the European Union, Spain The Senator from Tennessee (Mr. ration of the Bicentennial of American believes that the process has to be car- FRIST); Independence. ried forward while at the same time The Senator from Alaska (Mr. STE- In his speech, His Majesty the King preserving and enhancing the Atlantic VENS); emphasized the important Hispanic relationship. It is a relationship that The Senator from Pennsylvania (Mr. contribution to the formation and lies at the very origins of Europe’s con- SANTORUM); independence of this great Nation. struction. Having played a part in its The Senator from Arizona (Mr. KYL); We in Spain were going through dif- development, it necessarily has to be a The Senator from Virginia (Mr. ficult and delicate times then; and part of its future also. ALLEN); from this rostrum, our King set out his That has always been our view, and it The Senator from Indiana (Mr. vision of a prosperous and modern still is our view today, just a few weeks LUGAR); Spain and conveyed the Spanish peo- before 10 new countries join the Euro- The Senator from Oregon (Mr. ple’s desire for freedom and democracy. pean Union as members. Many of those SMITH); Today, 28 years on, Spain is fully countries had to endure the tyranny of The Senator from South Dakota (Mr. consolidated as a democracy. communism. Many of them now look DASCHLE); and The process of political decentraliza- to the Atlantic Alliance to guarantee The Senator from Connecticut (Mr. tion, which was set in motion with the their freedom. DODD). 1978 constitution, has been completed As a European, let me say that I have The Deputy Sergeant at Arms an- successfully. no wish whatsoever for an alternative nounced the Acting Dean of the Diplo- We are one of the great nations of to the transatlantic relationship. I matic Corps, Her Excellency Mary Europe. Active members of the Euro- want no alternative to the Atlantic re- Madzandza Kanya, Ambassador of Swa- pean Union, we are a dynamic, open, lationship. Wanting a strong European ziland. and enterprising country of 43 million Union, as Spain does, and being at the The Acting Dean of the Diplomatic people. Once an emigrant society, vanguard of Europe, as Spain is, does Corps entered the Hall of the House of today we receive immigrants from the not entail working to be a Representatives and took the seat re- four corners of the world. counterpower to the United States. It served for her. We are the eighth largest economy in means working towards an Atlantic- The Deputy Sergeant at Arms an- the world today. Central to that minded Europe. Given that we share nounced the Cabinet of the President of achievement has been our membership the same principles and values, it is in the United States. of the European Union. Our economy is our common interest to defend these. The Members of the Cabinet of the growing stably and with confidence at Mr. Speaker, Mr. Vice President, President of the United States entered a rate above the average of our Euro- those very principles and values came the Hall of the House of Representa- pean Union partners. And our economy under brutal attack on September 11, tives and took the seats reserved for has generated half of all of the jobs cre- 2001. Nothing can make good the grief them in front of the Speaker’s rostrum. ated in Europe in recent years. and suffering caused on that terrible At 11 o’clock and 2 minutes a.m., the The Spain of today knows full well day when terrorists demonstrated their Deputy Sergeant at Arms announced that growth and maturity bring re- despicable contempt for human life.

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.003 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H313 But the American people responded given their lives in order to restore nable opportunities for these closer with an admirable lesson in civic-mind- freedom to the Iraqi people, to guar- ties between the United States, Latin edness and responsibility. In so doing, antee the security and consolidate de- America, and Europe. and let me make this absolutely clear, mocracy. Our appreciation and grati- I myself have been a privileged wit- they penned one of the most beautiful tude will always be with those who ness to this emerging and very prom- pages of our modern era. have died. ising reality in Texas, New Mexico, The United States was not the only The fight against the proliferation of California, New York, and Florida. target of the September 11 attacks. weapons of mass destruction is another Mention of Florida necessarily brings Terrorism threw down a calculated common feature of our pursuit of a me to say something about Cuba and challenge to the values that are core to more stable and freer world. its large exiled population. Like so humanity, freedom, moral decency, Recent progress in the fight against many Spaniards, I too come from a compassion, and respect for the lives of the proliferation of these weapons family with roots in Cuba. This Carib- others. would not have been possible had it not bean island is one of the last remaining Immediately after the attacks, Spain been for the firm stance that we have anomalies of history, not just in the expressed its active solidarity and its taken. Americas but anywhere in the entire commitment to the Government and Proliferation poses a very real threat world. the people of the United States. Allow to everyone’s security. Faced with the I would like to reiterate my desire me here in this Chamber to reiterate risk that these weapons might be used and hope here today that before too that solemn commitment today. by terrorist groups, we cannot stand by long Cuba can be welcomed into the Speaking in Madrid a few months be- and do nothing. In addressing this chal- fold of free nations. fore 9/11, President Bush expressed lenge, we have to act together and with Mr. Speaker, Mr. Vice President, America’s solidarity with Spain’s fight resolve. To ignore this reality or to honorable Members of the House, as against the terrorism that we have had evade the real issue and the genuine Prime Minister of Spain, I have en- to endure for too long. That solidarity priorities would not only be highly ir- deavored at all times to harness the has materialized in the form of active responsible but would prove extremely trust which the people of my country cooperation. We will never forget that costly in terms of our own security and have placed in me for the last 8 years gesture of support. And I will never for- freedom. to help make Spain a safer, more pros- get it. Mr. Speaker, Mr. Vice President, the perous, more committed, and con- The United States and Spain would transatlantic link stands for freedom, sequently more respected country. both like to see the United Nation’s freedom in all areas. And it is thanks Relations between our two nations counterterrorism committee play a to that freedom that North America stretch back more than 200 years. real and effective role. We would like and Europe are the two most pros- Spain provided valuable support to the to see a world list of terrorist organiza- perous regions in the world. United States in its fight for independ- tions drawn up and approved. We also Experience shows that free trade is a ence. Thereafter, our relations may not feel it important to ensure that the source of economic growth and wealth always have been governed by under- voice of the victims of terrorism is lis- for everyone. That is why I proposed standing. However, there has never tened to permanently. recently, and reiterate here today, that been a more propitious time than the Just 10 days ago, the first-ever World we should create a great economic fi- present to undertake grand projects to- Congress of Victims of Terrorism was nancial and trade zone between Europe gether. What we have achieved to- held in Madrid. The victims are the and the United States by the year 2015. gether in recent years has already moral backbone that underpins our I am sure that we can open up a new served to create a strong relationship, fight against terror. They give us era of growth and stability that would a relationship between countries that valor. They give us courage. But at the benefit the rest of the world too. are friends, allies, and partners. same time they also call us into ac- It is my belief that freedom brings And in concluding, may I say that in count and demand results from us. prosperity. That is what I have tried to Spain the American people have a They also demand justice and repara- do in my country since 1996 through friend from Europe. In Spain, the tion. economic liberalization and reforms. It United States has a firm, strong, and There can be no justification whatso- is also the reason why in Europe I have responsible ally. Let us continue to ever for terrorism. It destroys the promoted initiatives that prioritize work together, together for the cause causes it purports to defend. The polit- above all else liberalization, innova- of democracy and freedom in the world. ical or religious causes that terrorism tion, and improved competitiveness. Thank you. allegedly serves are among its victims The very close relationship we have [Applause, the Members rising.] also. forged between our two countries in- At 11 o’clock and 28 minutes a.m., And allow me to say here today that cludes a Latin American dimension the President of the Government of terrorists must be made to realize that also. For me, Latin America is a key Spain, accompanied by the committee the only and inevitable outcome is de- continent for my country. Spain is the of escort, retired from the Hall of the feat. We derive our strength from the world’s second biggest investor in that House of Representatives. moral superiority of democratic sys- region behind the United States. The Deputy Sergeant at Arms es- tems. And as has occurred on past oc- The countries of the region have corted the invited guests from the casions in history, I have no doubt made great efforts in recent decades to Chamber in the following order: whatsoever that freedom will triumph consolidate democratic regimes and The Members of the President’s Cabi- over barbarity this time too. free market economies. That is a fur- net; Today, in Afghanistan and in Iraq, ther reason for our desire to strengthen The Acting Dean of the Diplomatic the most important phase of the fight ties between Europe and Latin Amer- Corps. against terrorism is currently taking ica. I am convinced that the Atlantic replace. In Iraq, terrorists are trying to f prevent the Iraqi people from taking lationship will not be complete until it their own destiny in hand. embraces the American continent in We refused to countenance the re- its entirety. For the medium and long JOINT MEETING DISSOLVED peated violations of international law term, we should set ourselves the joint The SPEAKER. The purpose of the by Saddam Hussein’s tyranny. goal of building a veritable community joint meeting having been completed, We remain committed to Iraq’s mate- of common values and interests, in- the Chair declares the joint meeting of rial and institutional reconstruction, cluding a large free trade area. And the two Houses now dissolved. and I can guarantee you that we fully rest assured that Spain is willing and Accordingly, at 11 o’clock and 31 intend to see our commitments ready to work towards that goal. minutes a.m., the joint meeting of the through. The Hispanic communities in the two Houses was dissolved. At this point, I would like to pay a United States represent a source of The Members of the Senate retired to sincere tribute to all those who have new and, until very recently, unimagi- their Chamber.

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.004 H04PT1 H314 CONGRESSIONAL RECORD — HOUSE February 4, 2004 ANNOUNCEMENT BY THE SPEAKER expect to introduce my Protect Amer- suant to clause 2(b) of rule XVIII, declare the ica’s National Security Act of 2004. The House resolved into the Committee of the The SPEAKER. The House will con- Whole House on the state of the Union for tinue in recess until approximately provisions of this bill will include full congressional hearings on what intel- consideration of the bill (H.R. 3030) to amend noon. the Community Service Block Grant Act to ligence was used and how the intel- provide for quality improvements. The first f ligence was used in the decision to reading of the bill shall be dispensed with. b 1206 make a unilateral attack against Iraq General debate shall be confined to the bill in the winter of 2003. The American and shall not exceed one hour equally di- AFTER RECESS people deserve to know. vided and controlled by the chairman and The recess having expired, the House And then I will ask to allow for the ranking minority member of the Committee general figure that is utilized for the on Education and Workforce. After general was called to order by the Speaker pro debate the bill shall be considered for tempore (Mr. LATHAM) at 12 o’clock intelligence budget of this Nation to be presented publicly to the American amendment under the five-minute rule. It and 6 minutes p.m. shall be in order to consider as an original people. That will not violate our secu- f bill for the purpose of amendment under the rity. I will not ask for a line item list- five-minute rule the amendment in the na- PRINTING OF PROCEEDINGS HAD ing, but I will ask that the American ture of a substitute recommended by the DURING RECESS people, as indicated by a former Committee on Education and the Workforce Reagan administration official, know now printed in the bill. The committee Mr. FOLEY. Mr. Speaker, I ask unan- how much we spend for intelligence. amendment in the nature of a substitute imous consent that the proceedings The American people deserve to know. shall be considered as read. No amendment had during the recess be printed in the Mr. Speaker, I hope that my col- to the committee amendment shall be in RECORD. leagues will realize that our rights as a order except those printed in the portion of the Congressional Record designated for that The SPEAKER pro tempore. Is there Congress should not be abrogated. objection to the request of the gen- purpose in clause 8 of rule XVIII and except tleman from Florida? f pro forma amendments for the purpose of de- There was no objection. DEFICIT SPENDING BEFORE bate. Each amendment so printed may be offered only by the Member who caused it to CONGRESS f be printed or his designee and shall be con- (Mrs. BLACKBURN asked and was sidered as read. At the conclusion of consid- CLINTON ADMINISTRATION’S CASE given permission to address the House eration of the bill for amendment the Com- FOR WAR for 1 minute and to revise and extend mittee shall rise and report the bill to the (Mr. FOLEY asked and was given per- her remarks.) House with such amendments as may have mission to address the House for 1 Mrs. BLACKBURN. Mr. Speaker, been adopted. Any Member may demand a separate vote in the House on any amend- minute and to revise and extend his re- today I rise to speak on the enormous deficit spending that is before Congress ment adopted in the Committee of the Whole marks.) to the bill or to the committee amendment Mr. FOLEY. Mr. Speaker, let me give this year. It is expected to be between in the nature of a substitute. The previous Members the following quotes: ‘‘Some- $477 billion to $530 billion. As a fiscal question shall be considered as ordered on times the United States has to act conservative, I find it unacceptable. the bill and amendments thereto to final alone, or at least has to act first. One of the core values of conserv- passage without intervening motion except Sometimes we cannot let other coun- atism is to fight for limited govern- one motion to recommit with or without in- tries have a veto on our foreign pol- ment, wise use of taxpayer money, and structions. icy.’’ That is a debate quote spoken by fiscal restraint. This body falls short The SPEAKER pro tempore. The gen- President Clinton. on being an example of these values. tlewoman from North Carolina (Mrs. Madeleine Albright: ‘‘I am going to We need only to look to last year when MYRICK) is recognized for 1 hour. explain our position, and while we al- we had several opportunities to cut out Mrs. MYRICK. Mr. Speaker, for the ways prefer to act multilaterally, we waste in government programs, but did purpose of debate only, I yield the cus- are prepared to go unilaterally.’’ not do so. One prime example is where tomary 30 minutes to the gentlewoman President Clinton: ‘‘Would the Iraqi Congress would not pass a simple from New York (Ms. SLAUGHTER), pend- people be better off if there was a amendment which would have pre- ing which I yield myself such time as I change in leadership? I certainly think vented the funding of sexual arousal may consume. During consideration of they would be.’’ and porn studies granted through the this resolution, all time yielded is for In the last couple of days, we have National Institutes of Health. I voted the purpose of debate only. heard a lot of people questioning the for the amendment which would have b 1215 prevented the use of taxpayer money President’s veracity. Let us talk about On Tuesday, the Rules Committee the successes: Libya is cooperating and for these ridiculous studies. I think most constituents agree with me on met and granted a modified open rule disarming; Charles Taylor has been for H.R. 3030, the Improving the Com- forced out of Liberia; India and Paki- that. Also numerous amendments by the gentleman from Pennsylvania (Mr. munity Services Block Grant Act stan are talking about Kashmir and re- (CSBG). This is a very fair rule and I TOOMEY) were presented to reduce ducing tensions; and as Senator believe that all Members of the House LIEBERMAN said, ‘‘Saddam Hussein was spending by across-the-board cuts. What a great idea. We failed to take should be able to support it. This bipar- a walking weapon of mass destruc- tisan bill extends the CSBG program tion.’’ measures there. Mr. Speaker, it is time for us to real- through 2009 while strengthening its Mr. Speaker, I appreciate the leader- ize the government will continue to accountability provisions and pre- ship of this President. I am proud of borrow for the present by mortgaging serving current law protections for standing with him and our military as the future. faith-based service providers using they combat terror and tyranny around CSBG funds. the globe. Shame on the Democrats for f In every State across the Nation, suggesting that the President is not IMPROVING THE COMMUNITY various communities combat the dev- truthful. SERVICES BLOCK GRANT ACT OF astating effects of poverty using the f 2003 Federal funds provided by the CSBG. Mrs. MYRICK. Mr. Speaker, by direc- This legislation preserves the CSBG as PROTECT AMERICA’S NATIONAL tion of the Committee on Rules, I call a true State block grant program, al- SECURITY ACT up House Resolution 513 and ask for its lowing States to establish and operate (Ms. JACKSON-LEE of Texas asked immediate consideration. antipoverty programs that meet the and was given permission to address The Clerk read the resolution, as fol- unique needs of their low-income com- the House for 1 minute and to revise lows: munities. Most importantly, H.R. 3030 and extend her remarks.) H. RES. 513 fosters increased accountability by en- Ms. JACKSON-LEE of Texas. Mr. Resolved, That at any time after the adop- suring that States are monitoring local Speaker, in the next couple of days I tion of this resolution the Speaker may, pur- grantees to ensure services are being

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.006 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H315 provided in the most efficient manner York, is able to provide a broad array for secular activities. There should be and that quality services are reaching of services, including Head Start, teen an ability in this Congress to make a those who have the greatest need. As programs, weatherization programs, distinction between those two descrip- many of my colleagues know in com- transportation, emergency services, tions. munities across America, faith-based family development, help in putting to- This country has spent decades and organizations play a central role in the gether a budget, help in preparing tax decades working to eradicate the insid- battle against poverty. From food and returns, child care services and a com- ious venom of discrimination. It is an clothing drives to shelters for the munity center. For 30 years, Action for anathema to fundamental American homeless and from youth mentoring to a Better Community has been a leader ideals that we would now permit Fed- job training, faith-based service pro- in Rochester, providing programs in- eral moneys to be used to discriminate viders have proven to be among the creasing health, education, safety, em- against people because of their reli- most effective tools for helping the ployment and housing needs. Every gion. Taxpayers do not want to sub- most vulnerable members of our soci- dollar the Federal Government in- sidize discrimination. ety. I believe it is the faith-based char- vested in these organizations through Federally funded programs to attack acter of these organizations that the community services block grant the causes of poverty do not have a re- makes them so effective. By nature, program is a dollar wisely spent. An in- ligious mission, regardless of the serv- many of them include helping those in vestment in our citizens and our chil- ice provider. Helping someone fill out need as a part of their founding mis- dren is an investment in our Nation’s tax forms is a secular program. Some- sion and their purpose. future. one’s religion is irrelevant to this pro- The provisions in H.R. 3030 ensure The value of these programs is not at gram. The Federal Government should that these organizations can continue issue. The problem with this reauthor- not fund the religious activities of any to operate antipoverty programs in ization is the ability of provider orga- religious organization. To do so is a their communities without losing their nizations to use Federal funds to dis- violation of the first amendment of the Civil Rights Act protection to staff on criminate. H.R. 3030 allows these serv- United States Constitution which we a basis consistent with their organiza- ice organizations to discriminate hold up our hands every 2 years and tional nature. However, there will be against clients because of their reli- swear to uphold. As the United States amendments offered today that seek to gion. It allows religious organizations Supreme Court said in Bowen v. repeal current law and remove this pro- that receive these Federal grants to Kendrick, ‘‘Even when the Court has tection for faith-based organizations discriminate based on religion in their upheld aid to an institution performing participating in CSBG. employment practices. This is un- both secular and sectarian functions, it I urge Members to vote against the American. Discrimination is hap- has always made a searching inquiry to Woolsey amendment because the feder- pening. Employees of the Salvation ensure that the institution kept the ally funded faith-based programs under Army of Greater New York have filed secular activities separate from its sec- the CSBG program must include par- complaints with the Equal Employ- tarian ones, with any direct aid flowing ticipants of all faiths, if they choose to ment Opportunity Commission, and only to the former and never the lat- participate. The issue at hand does not several lawsuits against the Salvation ter.’’ regard who is treated or helped with Army are in the works. Employees are On its Web site, Action for a Better Federal money but merely if groups being questioned about their church af- Community says that faith-based orga- doing the helping or treating may con- filiations. One of the duties listed on nizations, quote, should be held to the sider in hiring decisions the faith of an new job applications is to, quote, same high standard of outcome deliv- employee who would work in their preach the gospel of Jesus Christ and ery as community action agencies faith-based program. to meet human needs in His name without compromising the separation CSBG has enjoyed a long tradition of without discrimination. The Salvation of church and State. We would be wise bipartisan support. Helping commu- Army uses millions in public moneys to listen to their admonition. nities to combat the harmful effects of to carry out its charitable missions, I urge my colleagues to support the poverty has been and will continue to but it has recently begun to impose its Woolsey substitute amendment which be a bipartisan goal. To that end, I religious mission upon its employees. would clarify that religious organiza- urge my colleagues to support the rule Right here in my hand I have an em- tions are welcome as service providers and the underlying bill. ployment application for a social work- to low-income Americans and that Mr. Speaker, I reserve the balance of er position with a religious organiza- they are not permitted to discriminate my time. tion, and that religious organization on the basis of religion. And I urge my Ms. SLAUGHTER. Mr. Speaker, I uses Federal funds. The applicant is colleagues to support the Miller thank the gentlewoman from North asked his or her religion, length of amendment which would extend unem- Carolina for yielding me the customary church membership, the name of his or ployment benefits for the 2 million un- 30 minutes and I yield myself such time her church, the church’s phone number employed Americans whose benefits as I may consume. and address, and the name of its min- have run out. Almost daily, my office (Ms. SLAUGHTER asked and was ister. The United States should not hears from those Americans who are given permission to revise and extend permit religious discrimination with afraid of losing their homes or having her remarks.) Federal funds. As Theodore Roosevelt to take their children out of school and Ms. SLAUGHTER. Mr. Speaker, said, ‘‘To discriminate against a thor- simply being unable to meet their obli- chronic unemployment still plagues oughly upright citizen because he be- gations. We owe it to them to give the Nation; 3.3 million workers have longs to some particular church, or be- them some help until a job can be lost their jobs since January 2001. The cause, like Abraham Lincoln, he has found for them. poverty rate in America has risen to 12 not avowed his allegiance to any Mr. Speaker, I reserve the balance of percent and the number of children liv- church, is an outrage against that lib- my time. ing in poverty continues to climb. erty of conscience which is one of the Mrs. MYRICK. Mr. Speaker, I yield The community services block grants foundations of American life.’’ such time as he may consume to the were created to alleviate poverty by Mr. Speaker, I would like to take gentleman from California (Mr. funding initiatives that fight its this opportunity to clear up a mis- DREIER), the distinguished chairman of causes. These grants enable over 1,000 understanding about what title VII of the Committee on Rules. organizations across the country to the Civil Rights Act of 1964 says and (Mr. DREIER asked and was given provide services to combat unemploy- does not say. Religious organizations permission to revise and extend his re- ment, inadequate housing, poor nutri- are exempted from the general prohibi- marks.) tion and the lack of educational oppor- tion against religious discrimination in Mr. DREIER. Mr. Speaker, let me tunities. hiring personnel for work connected to begin by thanking my very good friend, Because of community services block the organization’s religious activities. the former mayor of Charlotte, and I grants, the Orleans Community Action However, religious organizations are should say since I mentioned Char- Committee in Orleans County, New not permitted to discriminate in hiring lotte, congratulations on a well-fought

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.010 H04PT1 H316 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Super Bowl. I understand that in Char- gether. We are going to have an inter- story that can be told thousands of lotte there was no sense at all that esting debate and I know that the sub- times. anyone was a loser and it was a great stitute will spark a great deal of par- So I urge support of this bill. It pro- game. She has done a superb job on ticular debate and interest. We will vides those who have great need in the managing this rule and with her work look forward to that. I hope very much most efficient, most cost-effective way. on the Committee on Rules. that just as we, I believe, enjoy strong Ms. SLAUGHTER. Mr. Speaker, I am I am proud to be here. I have sur- bipartisan support for this modified pleased to yield 5 minutes to the gen- mised from the comments from my open rule, that we will similarly enjoy tleman from Texas (Mr. EDWARDS). good friend from Rochester that she is bipartisan support as has been antici- Mr. EDWARDS. Mr. Speaker, the supportive of the rule. She did not indi- pated on the passage of this legislation. first 16 words of the Bill of Rights en- cate that, but I suspect that in light of Ms. SLAUGHTER. Mr. Speaker, I re- shrined in our psyche in this country, the fact that with the exception of the serve the balance of my time. the belief that every American citizen preprinting requirement, this is an Mrs. MYRICK. Mr. Speaker, I yield 3 should have the right to his or her own open amendment process and we have minutes to the gentleman from Ne- religious views. had one substitute that was outlined braska (Mr. OSBORNE), the author of I want to point out, Mr. Speaker, to before our Committee on Rules yester- this legislation. colleagues here in the House and to the day and four amendments that have Mr. OSBORNE. Mr. Speaker, I rise in people across this country, that in this been filed that we will be able to have support of the rule. We think this is an legislation is language that will make an opportunity for a free-flowing de- important piece of legislation. It seems it perfectly legal for an American cit- bate on a very important issue. to have fairly broad bipartisan support izen to receive, say, a $5 million job I have to say that I am particularly in most areas. Obviously this legisla- training grant, or a Head Start grant, proud of our colleague from Nebraska tion reauthorizes the CSBG Act and and then using those tax dollars, that (Mr. OSBORNE) who has worked long preserves the CSBG as a State block one American citizen can say to an- and hard on this and gave great testi- grant program. The main issue here is other citizen, if you do not pass my pri- mony before the Committee on Rules that we do try to do some things that vate religious test, then you do not yesterday and understands very well improve the quality of the block grant qualify for a tax-funded job. In effect, that we are as a Nation seeing very program. what this bill does is to subsidize, not positive signs of economic improve- just tolerate, but to subsidize religious b 1230 ment. It used to be that the full em- bigotry in America. ployment rate in this country was 6 First of all, State and local goals How ironic, at a time when we are percent. I am happy to see the unem- must be met by grantees, so there is fighting for religious freedom in Iraq ployment rate has dropped to 5.7 per- some accountability, which probably and across the world, that we would cent. We just got the report at the end heretofore has been lacking in some pass legislation that would maintain in of last week that the GDP growth for cases. the law a prescription for religious dis- the fourth quarter of last year was at 4 States monitor grantees to ensure crimination. I think it is wrong to do percent, which is a very positive sign of that services are provided to those so, and I would be willing to even yield improvement. with the greatest need. Many times it some of my time to any Republican Jobs are being created, contrary to a has not in the past gone to those who Member that would stand up and tell lot of the reports out there. Under the are most destitute. me that it is okay in 2004 in America to household survey which is conducted It streamlines reporting data to HHS say that you should have to pass my by the Department of Labor, we have to avoid duplication and eliminates ex- religious test to qualify for a federally- seen 1.9 million new jobs created since traneous information. I guess everyone funded job. November of 2001. So we are seeing likes to see less paperwork. That is wrong, and it should not be a positive signs out there, but the gen- Also the States must either defund partisan issue. It is an American issue, tleman from Nebraska understands low-performing entities or justify to because it is ingrained in the very first that there are still people out there Labor-HHS why low-performing enti- 16 words of the Bill of Rights that has who are in need and there are chal- ties continue to be funded. So there is, protected America’s religious liberty lenges. again, an area of accountability. for over two centuries. One of the things we want to do is In addition, this particular bill en- So far, I have not had any of my col- make sure that we lay the groundwork, courages initiatives to improve eco- leagues on the other side of the aisle which is what the community services nomic conditions in rural areas, which willing to stand up and say in public block grant program has done, lay the are often underserved, encourages edu- that it is okay that someone else groundwork for people to move from cation and youth crime prevention should have to pass another American depending on others to get to the pro- through youth mentoring, which saves citizen’s religious test in order to qual- ductive side of our economy. We all money and lives by investing in young ify for a federally-funded job. Yet, know what that does. It not only plays people before they are enmeshed in the guess what happens? When the doors a role in diminishing the reliance on criminal justice system, and, of course, are closed and decisions are being made taxpayer dollars but it also tremen- it also allows faith-based organizations on the bills and interest groups are ply- dously increases the self-esteem level. to consider religion while hiring, while ing their pressure, that kind of dis- We have found that time and time ensuring that recipients are not discrimination language was put in this again from a wide range of entities criminated against on the basis of reli- bill. which work to help people who are fac- gion. Also it continues to fund discre- It is wrong, it is unconstitutional, ing dire circumstances get onto the tionary programs at current authoriza- and I find it morally offensive as a per- productive side of the economy. It does tion levels and extends them through son of faith that any American ought wonders for their families and it cre- 2009. to have to pass someone else’s private ates a sense of optimism for the future. I might just mention one story that I religious test to qualify for a tax-fund- The gentleman from Nebraska (Mr. think pretty much illustrates the im- ed job. OSBORNE) and his work along with the portance of this situation. A young Mr. Speaker, I would welcome a de- gentleman from Ohio (Mr. BOEHNER) mother in my district was abandoned bate on this issue at any point during and others understand that with the by her abusive fiancee. She had no the debate of this bill with any of my community services block grant, we money, no car, no job, no family sup- colleagues on either side of the aisle. can do a lot of very important things port, and a 5-year-old child. A Blue As I said, this should not be a partisan that do provide assistance to those who Valley community action crisis inter- issue. Protecting religious freedom in are truly in need. vention program provided counseling, America should be an American value, And so I simply want to congratulate obtained housing, helped her find a job, an American issue, and we ought to the gentleman from Nebraska and con- and so she is now supporting her child, have the courage in this Congress to gratulate all those who have been in- productively employed and preparing stand up to special interest groups and volved in putting this package to- to own her own home. This is just one say we do not care how much power

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.012 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H317 you have, we are not going to let you Mr. BOEHNER. Mr. Speaker, under right to hire a Jewish rabbi, rather try to put in the law of this land a rule the rules outlined here in the House, than a Baptist pastor. that allows other Americans to dis- we are debating the rule to consider I think there is a real serious ques- criminate against citizens, to exercise the bill. Once this rule is approved, we tion about suggesting that Title VII religious bigotry when using Federal will spend, I would imagine, the better said it is perfectly okay for a faith- dollars to funds those jobs. part of the afternoon discussing the based group to take Federal tax dollars Mrs. MYRICK. Mr. Speaker, I am protections granted to religious organi- and say, ‘‘Mr. BOEHNER, I am not hiring pleased to yield 2 minutes to the gen- zations under the 1964 Civil Rights Act. you today because you do not pass my tlewoman from Tennessee (Mrs. I think that would be a more appro- personal religious test.’’ BLACKBURN). priate time to have this debate. Let us put Title VII aside for a mo- Mrs. BLACKBURN. Mr. Speaker, Mr. EDWARDS. Mr. Speaker, re- ment. There might be differences of today I rise in support of this rule to claiming my time, I would just say to opinion about what is in it. Let us dis- reauthorize the Community Services the gentleman, he and I came to the cuss the direct principle. Why should Block Grant Act. I oppose the sub- House together 14 years ago and we any American citizen have to pass an- stitute because it would repeal current know on a daily and weekly basis we other American citizen’s personal reli- law and strip faith-based organizations utilize rule time to discuss what is in a gious test to qualify for a Federal edu- of their right to hire the candidates bill. cation program or a job training pro- they feel are most qualified for the Obviously, I do not like this rule be- gram? Why should it be legal for a jobs. These same rights are guaranteed cause it allowed a bill to come to the group to accept a $5 million Head Start to faith-based organizations under floor that I find deeply offensive to the or job training grant from the tax- Title VII of the Civil Rights Act of First Amendment protection of reli- payers and say we are not going to hire 1964, and have since been consistently gious freedom. But if this was an issue Jews or Catholics? Or it might be a upheld in the courts. important enough for Madison and Jef- Muslim group that says we are not Last year, I brought the Committee ferson to debate for 10 years in the Vir- going to hire Christians. on Government Reform to Franklin, ginia legislature, the issue of religious In the land that cherishes religious Tennessee, and we heard from groups of freedom in America, then certainly it freedom, do you really believe that all sizes that helped the needy in is worthy of our discussion here on the that is a good public policy? Mr. BOEHNER. Mr. Speaker, if the Franklin and Middle Tennessee. One of floor. those that testified was Onnie Kirk. He I guess what I would like to ask the gentleman will yield further, let me runs the Family Foundation Fund, an gentleman is just do you not think it is pose the opposite question to you. Why should a faith-based organization that organization that helps fatherless chil- wrong that you would have to pass my is providing tremendous community dren. He testified that they would not personal religious test to qualify for a services give up the protections grant- accept Federal funds if these funds tax-funded job? Why should you have ed to them under the 1964 Civil Rights compromised the character and the to pass my religious test? Why should Act just because they accept Federal purpose of his organization. The I have the right to give you a religious dollars in their mission to help low-in- amendment would remove those protest to qualify for a job that is being come people? tections. paid for by the American taxpayers? We should not bend to the false argu- Mr. EDWARDS. Reclaiming my time, Mr. BOEHNER. If the gentleman will ments and overburden the very organi- I will be glad to answer that question, yield further, the Congress in 1964, and zations that serve the most needed and then I will give the gentleman as amended in 1965, passed landmark needy in our society. These organiza- time to answer my question. civil rights legislation in America, and tions have higher success rates than I would say, first of all, I disagree it was the Congress in the mid-sixties many government programs. with the gentleman that the Title VII The Community Services Block who saw fit to provide religious organi- exemption gave faith-based groups a Grant Act did not and still does not zations with one small exemption, and carte blanche to use public tax dollars permit Federal funds to be used for the that in the case of employment, to reli- to discriminate in job hiring. The sec- purposes of promoting religion. It al- gious organizations. And if you read ond thing is, when they accept Federal lows faith-based groups to use Federal the comments of the debate and the money, they already, under long-stand- funds for secular purposes, feeding, record of that debate, it was because ing law, agree not to proselytize. clothing its needy, helping the out-of- those civil rights laws guarantee Amer- So when you accept taxpayer money, work find jobs, without compromising icans full access to jobs, to all types of there are certain standards you accept. their essential character. We should programs in our country. My question back to the gentleman is keep it that way. But they did understand that reli- does he think it is okay for a faith- I ask my colleagues to join me in op- gious organizations, by their very na- based group to receive a $5 million job posing the substitute to H.R. 3030. ture, ought to have an exemption in training grant and say we are not going Ms. SLAUGHTER. Mr. Speaker, I employment so religious organizations to hire you because you are Jewish or yield such time as he may consume to can, if they want, not all do, hire peo- Catholic? Is that okay? the gentleman from Texas (Mr. ED- ple of their faith. Mr. BOEHNER. If the gentleman WARDS). The only issue here is whether those would yield further, if that organiza- Mr. EDWARDS. Mr. Speaker, I would organizations, faith-based organization in their beliefs want to hire people like to ask the gentlewoman from Ten- tions, that do in fact provide commu- of their faith, because in many cases nessee before she leaves the Chamber if nity services with Federal funds, the people they may hire will not only she would be willing to have a discus- whether they should continue to have participate in a job training program, sion. I would be glad to yield some that exemption. they may also teach Sunday school, time to have a discussion on the issue Mr. EDWARDS. Mr. Speaker, re- they may also do other things for that of whether a group should be able to claiming my time, if I could respond to religious organization. say with tax dollars that we are not that, then I would be glad to yield, be- But I would bring the gentleman’s at- hiring Jews or we are not hiring Catho- cause I appreciate the opportunity to tention back to the bill we have before lics in this job training program or have a discussion on this, I think if the us, and the bill before us, that is the education program, even though you gentleman would go back and look at Community Services Block Grant reau- are perfectly qualified for that job. the debate, including Senator Sam thorization bill, last passed and reau- My friend and colleague the gen- Irvin’s comments on the Title VII ex- thorized by the Congress in 1998 and tleman from Ohio (Mr. BOEHNER) is on emption to the Civil Rights Act and signed into law by then President Bill the floor, and I would be glad to yield the amendments thereto, you would Clinton, that act in 1998 and the Presi- for the purpose of a discussion. find that the focus there was saying dent’s signature in 1998 contains the Mr. BOEHNER. Mr. Speaker, will the that Baptist churches with their own identical language that this bill con- gentleman yield? money should have the right to hire tains. Mr. EDWARDS. I yield to the gen- Baptist pastors; a Jewish Synagogue Now, the Congress passed this over- tleman from Ohio. with its own money ought to have the whelmingly in 1998, and the President

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.014 H04PT1 H318 CONGRESSIONAL RECORD — HOUSE February 4, 2004 signed it into law. Now here we are 6 ready passed this before. People did not It is very simple. It is, Do you believe years later and we are saying, oh my know it was in there. that it is okay for groups to discrimi- goodness, there is a problem. If I could So I think all of that is irrelevant. nate in job hiring using tax dollars, just finish, if over the last 6 years it The fundamental question is should based on no other reason than that per- would have been clear that there was a an American citizen be discriminated son’s personal religious faith? I am problem with faith-based organizations against for a tax-funded job simply be- confident that the vast majority of maintaining their rights under the 1964 cause he or she is exercising their deep- Americans do not like religious dis- Civil Rights Act, I think we would have ly-felt personal religious faith. In my crimination. They are appalled with re- heard about it. I have not heard a word. opinion, that kind of subsidized Fed- ligious bigotry, and while they under- Mr. EDWARDS. Reclaiming my time, eral bigotry based on religious faith is stand, as I do, that Baptists and Meth- there are cases starting to come to the a prescription for disaster in this coun- odists and Jews and Muslims should be surface. For example, in the State of try. And President Clinton, when he able to hire people of their faith, using Florida or Georgia, a Jewish citizen, signed this legislation and other legis- their own money, once they accept perfectly qualified for a job, was denied lation with charitable choice language public tax dollars as a funding source, the right to a job simply because he in it, made it very clear he did not sup- then they accept the obligation that in was Jewish. port that kind of discrimination, and America, with tax dollars, you do not Now, again, I differ with the idea he only signed the bill because of the discriminate against your fellow citi- that the Title VII exemption of the other good things in it, and his admin- zens simply because of their deeply Civil Rights Act allowed faith based istration had no intention of letting held religious faith. groups to exercise religious discrimina- that kind of discrimination occur. With Mr. Speaker, before I yield further, tion or, in the worst cases, religious this administration, the present Bush the gentlewoman from New York has bigotry. administration, they have said no, it is been very gracious with time. I have okay to discriminate against someone appreciated this discussion. I see my b 1245 based on their religion. colleague, the gentleman from Virginia But I at least want to clarify, at Mr. BOEHNER. Mr. Speaker, if the (Mr. SCOTT) on the floor. least the gentleman is saying, for gentleman would yield, this is not the Ms. SLAUGHTER. Mr. Speaker, may whatever reasons he mentioned, groups only statute on the books that allows I inquire how much time is remaining? ought to be able to do with public tax religious organizations to maintain The SPEAKER pro tempore (Mr. dollars whatever they want; the gen- their 1964 protections under the Civil LATHAM). The gentlewoman from New 1 tleman is saying that it is okay for a Rights Act; there are at least a half a York (Ms. SLAUGHTER) has 6 ⁄2 minutes faith-based group running a federally dozen others. remaining. funded jobs training program to say to But the point I would make is that if Ms. SLAUGHTER. It is such a pleas- a Jew or a Catholic or a Christian of we want to debate the merits or ure to hear a real debate. I am delighted. I continue to yield such time one denomination or another, we are changes to the 1964 Civil Rights Act, as he may consume to the gentleman not going to hire you even though you let us do that out of the bill that comes from Texas (Mr. EDWARDS). are perfectly qualified for this job, sim- out of the Committee on the Judiciary, ply because of your religious faith. I Mr. EDWARDS. Mr. Speaker, I yield where it was rightfully debated and to the gentleman from Virginia (Mr. think most Americans would think processed. The fact is, the 1964 Civil SCOTT), and I welcome a 3-person dis- that type of religious discrimination is Rights Act is very clear in providing cussion of this question of religious absolutely wrong, especially when we this exemption to these organizations. discrimination and religious freedom consider we cannot fund religious pro- And if the gentleman disagrees with in America. grams. We all agree that is prohibited the 1964 Civil Rights Act, as amended Mr. SCOTT of Virginia. Mr. Speaker, under Federal law. in 1965, let us take that debate to the I thank the gentleman from Texas (Mr. So what we are doing is we are fund- Committee on the Judiciary, let us EDWARDS) for his comments and re- ing social programs. Why should your bring the bill out here and have that mind people that the 1964 Civil Rights religious faith have an affect on wheth- debate. But that is the law. legislation that prohibited discrimina- er you can ladle soup at a soup kitchen What we are trying to do here is to tion included an exception, as the gen- or train a 5-year-old child? Perhaps we comply with that. And in the under- tleman from Ohio has indicated, for re- have just an honest disagreement. I lying bill here, the Community Serv- ligious organizations using their own think it is wrong for a group to say ices Block Grant bill, we have had this money for religious purposes. No one with tax dollars we are not going to exemption, maintained this exemption anticipated at that time that one hire you because of your personal reli- for those organizations. All we do in would take Federal money and try to gious faith. Perhaps the gentleman this bill today is to maintain it. discriminate in employment based on feels that these groups ought to be able Mr. EDWARDS. Mr. Speaker, re- religion. Let us be clear. If you can dis- to discriminate in that fashion. And if claiming my time, I appreciate the criminate based on religion and what he does, then at least that is an honest gentleman’s honest comments. This is church or religious organization you debate and we will let the American the kind of dialogue that this subject belong to, you can essentially discrimi- people decide which side they come deserves. It is too important of an issue nate based on race. down on. when we talk about religious freedom Now, the question before us is wheth- One other point. I would challenge to be debated in a 10-minute debate at er or not, in a government-funded pro- the gentleman. Other than the gentle- 1:30 a.m. So I appreciate the gentle- gram, you can declare that you do not man’s tremendous knowledge as the man’s willingness to have this honest want to hire people of certain religions. chairman of this committee, there debate. Now, the problem that occurs is that if were not 10 Members out of 435 in this I would conclude by saying, Mr. you can discriminate with Federal House that knew the discrimination Speaker, that I strongly disagree with money, well, why can you not discrimi- language was in there in 1998. I have the notion that the 1964 Civil Rights nate with your own money? If you have gone back and chronicled the first 3 or Act clearly made it legal for faith- a group of people running a manufac- 4 times that we passed charitable based groups in America to accept mil- turing firm and they are all of the choice language like this. The first lions, and now in this case billions of same religion, why should they have to time was the Welfare Reform Act. Vir- Federal dollars, and say, We are not hire somebody of a different religion? tually no one in the House, other than hiring you because you are Jewish or Because it is against the law. Because maybe the conferees, some of them, because you are Catholic, or because we have such a sorry history of dis- knew it was in there. The second time you are Baptist, or because you are crimination in our country that we we passed it was at about 1 o’clock in Muslim. And I do not think we have to just decided that we were not going to the morning. The third time was at totally revisit the 1964 Civil Rights allow discrimination based on religion; about 12:30 in the morning with 2 or 3 Act; I think we could just come here on that it is so ugly that we are going to Members on the floor. Every time we the floor of the House and have an up- prohibit it by law, and we did. You can- passed it Members would say, We al- front debate. not hire people with Federal money,

VerDate jul 14 2003 23:56 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.017 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H319 you cannot hire people with your own form with the Federal money. Now, the ticipating in programs to help their money and discriminate against them church can do what it wants with the fellow citizens. solely because of their race, color, church money. That exemption is not So we will have plenty of time for creed, national origin, or sex. That is affected. But under this bill in its this debate this afternoon once we get the law. present form, can you have the policy into the bill, but I do think that there Now, we can change the law. You can of telling people that you are the best are various points of view here. They start allowing discrimination. You can qualified, but we do not hire Catholics ought to be heard. The rule allows for have somebody come around and say, and Jews? a clear and open debate on this ques- Well, we are running a manufacturing Mr. EDWARDS. Mr. Speaker, let me tion and the rest of the bill, and let us firm and we do not want to work with tell the gentleman, I think the gen- have that debate then. people of a different religion; or, We do tleman understands what this law Mrs. MYRICK. Mr. Speaker, I yield not want to work with people of a dif- would allow. back the balance of my time, and I ferent race. We can change the law. Going back several years ago, I do move the previous question on the res- That is our prerogative, and that is not know the present policy, but just a olution. what we are doing with this bill if we few years ago Bob Jones University The previous question was ordered. pass it in its present form. We will be made it very clear they did not hire The resolution was agreed to. saying to the public that we hire every- Catholics or Jews. And under this lan- A motion to reconsider was laid on body but Catholics or Jews. That is guage, you could literally put out a the table. about as ugly a situation as there is. I sign, paid for with tax dollars, in a b 1300 faith-based group associated at that do not know how you can dress that up The SPEAKER pro tempore (Mrs. and have it come out anything other time with Bob Jones University, pos- MYRICK). Pursuant to House Resolution sibly today, that literally says, No than ugly. I mean you can put lipstick 513 and rule XVIII, the Chair declares Jews or Catholics need apply here for on a pig, but you cannot pass it off as the House in the Committee of the this federally funded education grant. I a beauty queen, and you cannot say, Whole House on the State of the Union find that deeply offensive, especially We do not hire Catholics and Jews, and for the consideration of the bill, H.R. when these are not religious jobs that try to pass that off as anything but 3030. ugly discrimination. we are paying for with tax dollars; Mr. EDWARDS. Mr. Speaker, I yield these are social programs, education b 1300 to the gentleman from Ohio (Mr. programs, job training programs, and IN THE COMMITTEE OF THE WHOLE BOEHNER). other areas of government. Accordingly, the House resolved Mr. BOEHNER. Mr. Speaker, I appre- Why should someone’s ability to help itself into the Committee of the Whole ciate the gentleman yielding, and I a 5-year-old get a head start in life House on the State of the Union for the clearly recognize that there is a dif- through the Head Start program be de- consideration of the bill (H.R. 3030) to ference of opinion on this. I do not cas- nied a job? Why should an adult help- amend the Community Service Block tigate any aspersions on the feelings of ing children be denied a job because Grant Act to provide for quality im- my colleagues. But both of my col- they are Jewish, Catholic, or some provements, with Mr. LATHAM in the leagues on the other side here who other faith? chair. have engaged in this debate have re- I think it is dead wrong. I do not The Clerk read the title of the bill. ferred to the intent of the 1964 Civil think we have to look at other issues The CHAIRMAN. Pursuant to the Rights Act, and the gentleman from to just face the moral rightness or rule, the bill is considered as having Texas (Mr. EDWARDS) even used Sen- wrongness of that point. I think it is been read the first time. ator Ervin’s name in terms of there wrong to be discriminated against in a Under the rule, the gentleman from was no intent for these organizations federally funded job simply because of Ohio (Mr. BOEHNER) and the gentleman to give up, to give up their religious ex- my personal religious faith. I do not from California (Mr. GEORGE MILLER) emption. think the gentleman from Ohio (Mr. each will control 30 minutes. I have a quote here from Senator BOEHNER) ought to have to pass my re- The Chair recognizes the gentleman Ervin during that debate and he said, ligious test to qualify for a job training from Ohio (Mr. BOEHNER). ‘‘This amendment is to take the polit- program. I do not think the gentleman Mr. BOEHNER. Mr. Chairman, I yield ical hands of Caesar off the institutions from Virginia (Mr. SCOTT) should have myself such time as I may consume. of God where they have no place to to pass the gentleman from Ohio (Mr. Mr. Chairman, before I get into my be.’’ I would suggest to both gentlemen BOEHNER)’s 20-point religious test to remarks on the underlying bill, the that Senator Ervin from North Caro- qualify for an education job funded by Community Services Block Grant reau- lina clearly intended for the hiring ex- the taxpayers. It is just right or wrong. thorization, let me take a moment to emption under title VII to be there. The SPEAKER pro tempore. The welcome our colleague, the gentleman Mr. EDWARDS. Mr. Speaker, re- time of the gentlewoman from New from California (Mr. GEORGE MILLER), claiming my time just for a moment, if York (Ms. SLAUGHTER) has expired. and the ranking democrat on my com- the gentleman would check the full de- Mrs. MYRICK. Mr. Speaker, I yield 1 mittee, back to the House. He had bate record, Senator Ervin also said at minute to the gentleman from Ohio some surgery over the break in Decem- one point, ‘‘After all, it is their (Mr. BOEHNER). ber and has been in a period of recuper- money.’’ Mr. BOEHNER. Mr. Speaker, I appre- ation. And we just want to welcome Well, now we are not talking about ciate the gentlewoman yielding me him back, back to the House and hope ‘‘after all, it is their money.’’ We are this time. that he is in a very pliable and ame- talking about the people’s money, the In answering the gentleman from nable mood. American tax dollar, and I think there Virginia (Mr. SCOTT)’s question, the Mr. Chairman, I rise today in strong is a huge difference there. fact is this has been the law of the land support of H.R. 3030, improving the Mr. SCOTT of Virginia. Mr. Speaker, in this program for 6 years, and I chal- Community Services Block Grant Act, will the gentleman yield? lenge anyone to come to the floor and a bill that strengthens the popular and Mr. EDWARDS. I am glad to yield to say where there has been a problem, valuable Community Services Block the gentleman from Virginia (Mr. because there has not been a problem. Grant program. SCOTT) and then back to the gentleman But in the bigger question, let us not I want to thank my colleague from from Ohio (Mr. BOEHNER). forget that these faith-based organiza- Nebraska (Mr. OSBORNE) who is the au- Mr. SCOTT of Virginia. Mr. Speaker, tions in many of our poorest commu- thor of this legislation, who, along just so we know what we are talking nities are doing tremendous work to with his staff and our committee staff, about, I would like to know whether or help needy people. And my concern, by has worked hard to guide this legisla- not if the bill passes in its present changing the law along the lines of tion through the committee where the form, you can take Federal money and what my two colleagues would like to bill received bipartisan support. have a policy of not hiring Catholics do, would be to provide a chilling effect The CSBG provides Federal money to and Jews; if it passes in its present on faith-based organizations from par- State and local agencies to lessen the

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.020 H04PT1 H320 CONGRESSIONAL RECORD — HOUSE February 4, 2004 effects of poverty. States pass at least the consequences are the most vulner- sions with the funds from the Commu- 90 percent of the Federal funds they re- able in our society, those who need the nity Services Block Grant. ceive through to community action help most. The majority claims that these types agencies who run programs to help This legislation makes some key im- of repeals of civil rights laws are nec- with finding and retaining a job, get- provements to ensure quality and ac- essary for faith-based groups to partici- ting food on the table, and providing countability in the Community Serv- pate is simply wrong. The faith-based emergency services. ices Block Grant program but leaves organizations have been participating Since 1981, this program and the the essential character of this popular in this program from its inception. In agencies it funds have helped millions and successful program unchanged. many instances, the faith-based organi- of fellow Americans. Mr. OSBORNE’s I want to urge my colleagues to sup- zations were here prior to the creation legislation makes improvements to port this valuable antipoverty program of the Community Services Block this popular initiative by increasing that the funds in this bill promote and Grant. accountability and efficiency while vote ‘‘yes’’ on H.R. 3030 to improve the When we think back to the War on preserving the successful framework of Community Services Block Grant pro- Poverty, when we think back to ending this proven program. The bill requires gram. segregation in this country and to pro- the community action agencies to set Mr. Chairman, I reserve the balance viding opportunity in this country, to clear, locally determined goals and to of my time. poor and minority families in our com- work each year to meet those goals. Mr. GEORGE MILLER of California. munities, if it had not been for the Agencies that repeatedly fall short of Mr. Chairman, I yield myself such time faith-based organizations, many of their own goals will be subject to ac- as I may consume. those efforts would have never gotten Mr. Chairman, I want to begin by tion by the States. H.R. 3030 works off the ground in many regions of this thanking the gentleman from Nebraska with the local centers while making country, in many of our cities, and (Mr. OSBORNE) and the gentlewoman sure taxpayer dollars are carefully ac- many of our communities. from California (Ms. WOOLSEY) for all counted for. So the fact of the matter is from its In the interest of improving the qual- of their work on this legislation. I want to compliment the gentleman inception faith-based organizations ity of local programs, this bill requires have been a key component, a nec- States to reevaluate their lowest per- from Nebraska (Mr. OSBORNE), a relatively new Member of the Congress, essary component, and a welcome com- forming grantees and justify to the ponent to the providing of services Secretary of Health and Human Serv- for his effort in shepherding this through our committee and bringing it under the Community Services Block ices why those organizations should Grant and in many other governmental continue to receive Federal funding. to the floor on a timely basis. And I want to thank the gentleman from activities that we undertake to im- Again, this bill makes sure that agen- prove our communities. cies using Federal funds are delivering Ohio (Mr. BOEHNER) for working with Mr. Chairman, I also want to point high-quality services. us on many of the provisions in this Finally, this bill maintains the cur- bill to make sure that States and local out that the suggestion that, but for rent law regarding faith-based organi- entities are held to strong account- this provision in the law, these organizations. We are all aware that some of ability while providing services to re- zations are not participating, accord- the finest social service organizations duce the effects of poverty. And I rise ing to a nonpartisan survey, over two- in this country are run by religious in strong support of the Community thirds of local Community Service charities; and I, along with a majority Services Block Grant program. Block Grant boards include faith-based of my colleagues on the committee, be- The Community Services Block organizations. Forty percent of the lieve that these faith-based organiza- Grant is a relatively small, but an ex- community action agencies contract tions ought to be able to continue to tremely important, program. The cen- with faith-based organizations to de- provide help to their neighbors in need. tral purpose of this program is to mini- liver services. In 1998 when this bill was last reau- mize the effects of poverty and to I expect, again, that Members of Con- thorized, then President Clinton signed maximize self-sufficiency. This progress will recognize that activity. I cer- into law the same language that we gram gives money to local entities who tainly do from the congressional dis- have in the bill of the gentleman from can create innovative programs and re- trict that I represent because I rely on, Nebraska (Mr. OSBORNE) today. It al- spond to community needs. It helps and our community relies on, and the lows faith-based community services to low-income individuals and families families and recipients of these serv- continue to maintain the character of with services such as domestic violence ices rely on faith-based organizations their organizations with regard to prevention programs, job training and to extend the efficiency of these pro- their own hiring decisions. In fact, a business development, senior services, grams, to extend the effectiveness of broad group of faith-based organiza- homelessness, food pantries, adult lit- these programs. We do it when working tions including Catholic charities, the eracy, and early education. with prison parolees and their families; American Association of Christian As we read that list of names, many we do it working with the victims of Schools, the Salvation Army, World of us will recognize our friends and domestic violence and working with Vision, and the Coalition to Preserve families who volunteer in many of children who need additional men- Religious Freedom have expressed these efforts in our communities be- toring and tutoring, all kinds of activi- strong support for the faith-based pro- cause the Community Services Block ties that take place in our community. tections included in this bill. Grant has also been a catalyst to bring Nearly 100 percent of the community There are some on the other side who together other elements of the commu- action agencies refer clients to faith- would like to strip these rights to deny nity help volunteers to address these based providers because the services religious charities the rights they are problems that are present in our local are there and they are effective and granted under the 1964 Civil Rights Act community. I support the provisions of they are working. The majority’s claim and as upheld by the U.S. Supreme this legislation, and the substitute that Democrats and President Clinton Court and current law. makes important steps to further have supported discriminatory lan- Now, should the minority succeed in strengthen the accountability of goals guage we are debating today is really depriving these groups of their rights, I and performances. not true. When the Community Serv- do think it would have a chilling effect However, I cannot support this bill ices Block Grant was before us in 1998 on the participation of faith-based or- because this bill contains a poison pill. the religious discrimination language ganizations in the Community Services I will not support government-spon- was put into conference report and was Block Grant program. sored religious discrimination. And we voice voted at 2 a.m. Some on the other We can expect that at least some of can dress it all up and we can talk all side of the aisle may recognize that be- these groups would choose not to par- around the point, but the fact of the cause that has become a habit. When- ticipate in CBGC, rather than com- matter is that what this legislation ever there is something controversial, promise their character. As we all does is allow faith-based organizations we do it after midnight in the House of know, the group most likely to suffer to make discriminatory hiring deci- Representatives.

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.023 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H321 Mr. Chairman, we simply should not accountable people. We cannot call program. A youth pastor may run the as a matter of law give to religious or- Kings Acts because it was at a certain food pantry. If you have multiple re- ganizations the right to discriminate time of day. sponsibilities, you obviously have to when they are using Federal dollars, We hear about special interests being have people in place who understand because that makes the government of involved in this, such as the Salvation the mission of that particular church the United States a partner in the dis- Army, Catholic Social Services. These or organization, and you cannot say, criminatory agent. And that is what are not really very powerful special in- well, we need to have somebody who is the Constitution is all about, to make terest groups, and I do not think we socially acceptable and politically cor- sure that the government does not do need to worry about them very much. rect, but is actually the antithesis of that. The second point I would make is what that particular organization We had a little tune-up here a little this, and the chairman made this ear- wants to hire. You cannot do that. earlier on the floor between my chair- lier, this is a bill that is working. And Also, they could lose their tax-ex- man and the gentleman from Texas so often when we get down to where the empt status because tax-exempt status (Mr. EDWARDS), and I think it is clear rubber hits the road in this body, we is provided to entities which share a that there is a distinction what faith- want to quibble over details, and we do common faith. So if you have to hire based and private organizations do not want to worry about the big pic- people that do not share that common with their own money. It is a distinc- ture. The big picture is how many peo- faith, then how are you going to main- tion that has been brightly drawn in ple in need are we helping? And, obvi- tain that tax exemption? So we often Federal law as to what they do with ously, this bill has done a good job for assume the worst about faith-based or- the taxpayers’ dollars. Obviously these the last 6 years. There have been mini- ganizations. I think this is a mistake. taxpayer dollars come from people of mal complaints. Matter of fact, we The overwhelming majority of faith- all faiths, and they should not be used know of no legal challenge to this bill. based organizations hire people who to discriminate. b 1315 agree simply with their mission. They The underlying bill is a very good hire people of other faiths but they So why all the sudden now is this be- bill. It is a very important bill. It is an want to make sure they understand the coming a big issue? improved bill because of the work of mission. the members of our committee. But it, The third point that I would like to make is simply that of return on in- Dr. Nelson testified before our com- in fact, contains this poison pill that mittee. She runs a faith-based organi- specifically provides for discrimination vestment. And we hear a lot about budget deficits and our tax dollars and zation in Chicago. She says their mis- with Federal funds. I will not support sion is based on a passage from the that effort. I would hope that most of how they are being spent. Well, let us take a look at this because I think this book of Isaiah that refers to justice the Members of Congress would not and compassion. So obviously they hire support that effort, and then we can is important. I will give you a case history from my district. a broad spectrum of people from many get on to renewing the effort by the different faiths that simply aspire to community action agencies, by our One agency has total funding of $8.5 million; $250,000 of this comes from that mission. States and our cities and localities and So this organization should not be agencies and so many of the faith- community service block grants. That is 3 percent of the total. This par- forced to hire those who do not agree based organizations that are already with the mission. That is simply what providing so many of these services and ticular agency serves 12,000 people. So if you prorate that, that means an av- we are saying. We do not think there is helping so many of the agencies and widespread discrimination anyway. helping so many in our community to erage of $700 goes to each recipient. Lastly, I will say this: The Supreme battle the impacts of poverty on fami- The community service block grant Court in Mitchell v. Helms set forth lies and children in our communities. would then serve 350 of that 12,000. Mr. Chairman, I reserve the balance Now, let us take, say we took that the proposition that members of reli- of my time. $250,000 community service block grant gious organizations should always be Mr. BOEHNER. Mr. Chairman, I yield and said, okay, we got to go rent a presumed to be acting in good faith. It 6 minutes to the gentleman from Ne- building. We have to go hire 3 employ- seems to me that we are doing exactly the opposite here. We are assuming braska (Mr. OSBORNE), the author of ees. We have to get a car. We have to the bill before us. buy some computers. We have to get that members of religious organiza- Mr. OSBORNE. Mr. Chairman, I some telecommunications going. You tions act in exactly the opposite, they would like to thank the gentleman would eat up the whole $250,000 getting operate in bad faith. I do not think from California (Mr. GEORGE MILLER) started. You would serve nobody. they do this. That is why for 6 years we for his kind comments regarding the What we are doing is getting more have not had complaints. This is work- overall worth of the bill. I am glad to bang for the buck. I think everybody ing. So we think we have a good bill. see him back. can understand that. We are not hurt- We think we need to pass it, as written, I really have three comments regarding anybody. I think it is important to and we would urge a vote against the ing the faith-based issue. First of all, I understand that. substitute. think that we need to recognize that I think it is also important to under- Mr. Chairman, I am very pleased to rise there is legal precedent. And some of stand that if faith-based organizations today in support of my bill, H.R. 3030, Improv- this has been discussed earlier. There are not allowed to maintain hiring ing the Community Services Block Grant Act are four different acts: The Substance practices where faith is a consider- of 2003. H.R. 3030 reauthorizes the Commu- Abuse and Mental Health Services Ad- ation, obviously, many will leave the nity Services Block Grant Act (CSBG). The ministration Act; the Welfare Reform program. So they would be open to law- Community Services Block Grant program dis- Act of 1996; the Community Renewal suits regarding a hostile environment tributes Federal money to more than 1,100 Tax Relief Act of 2000; the Community due to religious symbols and art. So if Community Action Agencies nationwide that Services Block Grant Act of 1998, which somebody has a picture on the wall use those funds to lessen the effects of pov- we have been discussing, which is cur- that is a religious connotation, and erty. rent law; title VII of the Civil Rights somebody does not like it and they In my congressional district, there are six Act of 1964, which we have been dis- have been hired and they do not under- Community Action Agencies: Blue Valley cussing; Supreme Court decisions such stand the mission of that organization, Community Action, Central Nebraska Commu- as Bowen v. Kendrick. So all of these they can file a lawsuit because of a nity Services, Community Action Partnership provide sound legal support for the fact hostile environment which makes it al- of Mid-Nebraska (Kearney), Goldenrod Hills that faith-based organizations have a most impossible to function. Community Services, Northwest Community right to consider religion in deter- Also, as the chairman pointed out Action, and Panhandle Community Services. mining hiring. And so we think this is earlier, many faith-based organizations Each of these agencies provide invaluable well substantiated. have employees with multiple respon- services to the citizens of Nebraska. What time of night we voted on a bill sibilities. So the music director at a Many people have asked about what CSBG should not have any bearing. We are church may also run the Head Start funds do. In short, CSBG funds provide the

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.024 H04PT1 H322 CONGRESSIONAL RECORD — HOUSE February 4, 2004 glue that help Community Action Agencies co- organizations that work so hard to provide shut-ins and other people suffering ordinate funding and services across the spec- services to all of our constituents. with illness or infirmity can receive a trum of what families might need. An example I urge passage of H.R 3030 and yield back hot meal in their community and in of the success of the CSBG was shared with the balance of my time. their home. Under this bill, as pro- me by Shelley Mayhew of the Blue Valley Cri- Mr. GEORGE MILLER of California. posed, if a Meals on Wheels program sis Intervention. Shelley worked with a young Mr. Chairman, I yield 7 minutes to the were to be run by a church or a syna- mother with a 5-year-old child who was aban- gentleman from New Jersey (Mr. AN- gogue or a mosque, and that Meals on doned, with no money or car, by her abusive DREWS). Wheels program was advertising for a and violent fiance´. (Mr. ANDREWS asked and was given van driver, not a Sunday school teach- Unable to search for a job because of her permission to revise and extend his re- er, not a director of religious edu- inability to pay for childcare, lack of extended marks.) cation, but a van driver, someone who family support, lack of domestic violence serv- Mr. ANDREWS. Mr. Chairman, I is going to get in the van every day and ices, and her lack of a car, since in rural Ne- thank my friend and ranking member deliver the meals, the church or the braska we have no mass transit system, this for yielding me time. synagogue or the mosque could say, young mother was referred to Blue Valley Mr. Chairman, I would like to con- with our tax money, We will not con- Community Action Crisis Intervention. There, gratulate the gentleman from Ohio sider you to drive the van if you are through the actions of staff at Blue Valley, the (Mr. BOEHNER) and the gentleman from not a Catholic. We will not let you child was enrolled in school, the family re- Nebraska (Mr. OSBORNE), and the gen- cook the dinners if you are not Jewish. ceived domestic violence counseling and tlewoman from California (Ms. WOOL- We will not let you run the administra- found affordable housing, and the mother SEY) for the outstanding work they tive part of the program if you are not found a job that allows her to support her fam- have done in authorizing the continu- a Muslim. With public money. Now, it is one of the cherished reli- ily. Today, this young mother is even enrolled ation of a very powerful and positive gious principles of this country that in a program to help her prepare for home- force in our community. I will support the Democratic sub- with its own money the church or the ownership. Shelley, the caseworker, says, ‘‘I temple or the mosque can absolutely watched a family struggling and hopeless be- stitute because it permits that work to go forward, but it does not contain a maintain that hiring practice, and it come self-sufficient and optimistic about the should. And I will never vote for the future. I feel very fortunate to be part of an very troubling provision that I believe should be struck from the bill. legislation that limits or repeals that agency that makes a difference in so many right, because it is unconstitutional people’s lives.’’ There are few things that I hold more dearly in my life than my faith. I miss and it is wrong. But I also will never This is just one story from my congressional vote for the proposition that is before district. H.R. 3030 preserves the CSBG as a the weeks when I cannot attend my chosen church. I feel like something is us today that says with my money and true State block grant program, allowing your money, Mr. Chairman, that a missing in my life. I make an effort as States to establish and operate antipoverty church or a temple or a mosque can much as I can that my children are ex- programs that meet the unique needs of their refuse to hire someone because they do posed to their religious traditions so low-income communities. It also retains the not fit the right religious profile. That they can make their own choices about current definition of an eligible entity to include is not right. the grandfather provisions, but requires eligi- religion. I feel awfully blessed to live The reason that we have a country is ble entities to successfully develop and meet in a country where I can practice my because people came across the Atlan- locally determined goals and meet State faith as I see fit. It is one of the things tic Ocean hundreds of years ago to es- goals, standards, and performance require- that I most cherish about being an cape a society where if you did not fit ments in order to continue to receive funds. American. But I also cherish that I live the religious conformity of the major- H.R. 3030 contains a number of important in a country where the government can ity, you could not be a full partner in provisions: never, never force me to adopt a reli- that society. That is why there is a Increases quality by requiring States to re- gious belief or to bend my religious be- United States of America. Now when evaluate funding the lowest-performing grant- lief because it is the will of the major- people say, well, faith-based groups are ees. States are not required to defund these ity. excluded from community development groups, but to explain why underperforming There are few principles in American programs because they cannot dis- agencies should continue to receive funding. law that are without exception, but criminate with public money on the In addition, agencies are required to set locally that is one of them. And I am glad that basis of hiring and firing, that is not determined goals and meet those goals and it is one of them. The provision that is true. There are faith-based organiza- State goals, standards, and performance rein this bill, although I know that it tions that run Head Start centers and quirements. stems from the best of intentions, and run Meals on Wheels programs and run Improves accountability by requiring states I know that in fact in many cases it homeless programs and job training to take swift action to improve or defund low- would yield the best of results, is ulti- programs, and they do so respecting performing entities that do not meet State and mately a provision that would do great the differences between the protected local goals. mischief to this great balance of lib- private right to choose whomever you Retains protections for faith-based charities. erty that the framers of the Bill of want from your faith or not from your H.R. 3030 allows faith-based organizations to Rights gave us in balancing the prohi- faith and the recognized public respon- make employment decisions based on reli- bition against the establishment of re- sibility to spend money in such a way gion. I realize that this will be a topic of much ligion with the free exercise of religion. that does not discriminate. discussion as we address this bill today, but I I agree with my friend, the gen- This is not a debate about motive. I hope we can keep in mind that this is current tleman from Nebraska (Mr. OSBORNE) know that the sponsors of this legisla- law, signed into law by President Clinton. The when he says he presumes that most tion on the majority side are not bigots bill does not permit federal funds to be used faith-based organizations most of the and not interested in discrimination in for the purposes of promoting religion. Rather, time want to do what is right with pub- any way, shape or form. I know that the CSBG funds under this bill can be used lic money and with private money. their motive, in fact, is to spread the for secular purposes without compromising the That is obviously true. But the Bill of good works of religious organizations essential character of the faith-based organi- Rights is not about the majority of sit- in this country and I support that mis- zation providing the services. uations or the majority of people. It is sion as well. But the best way to sup- In addition, the bill maintains current overall about everyone’s rights in every situa- port and spread the good works of reli- funding levels as well as continues funding tion to be free from religious discrimi- gious institutions in this country is discretionary programs, including the National nation paid for and facilitated by pub- not to entangle those institutions in Youth Sports Program, which is particularly lic dollars. Here is the situation that the machinery of government. The best important to me. gives me trouble and pause about this way to ensure the continued vitality of I want to thank all the staff on both sides of bill: our churches and our temples and our the aisle who worked so hard to craft the com- One of the programs that is funded mosques is to assure their continued promise language that was necessary to in- under this bill is the Meals on Wheels independence. And the best way to assure that H.R. 3030 met the needs of the local program, a terrific program where sure their continued independence is

VerDate jul 14 2003 01:46 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.004 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H323 not to ensnare them in the expenditure Governor of the great State of Dela- which provides Federal funds to local commu- of public funds in discriminatory prac- ware. nity action agencies and local nonprofits, who tices. Mr. CASTLE. Mr. Chairman, I thank use these funds to lessen the effects of pov- I do not want my church to be able to the chairman of the committee very erty. However, Mr. Chairman I cannot in good take my tax money and tell people who much for yielding me time and all of conscious support this legislation without hav- are not a part of my church that they those who helped put this together. ing the Democratic substitute being accepted cannot come to work there in a feder- In a benevolent society, as America as part of this bill. While I support faith-based ally funded program. I do not want is, I think the most important function organizations I also support the idea of reli- that. And I certainly do not want government can have is the care of gious freedom that is a hallmark of our great someone taking any tax money and those who may be unable to take care Constitution and would be repressed by the telling someone of my faith or some of themselves. As we know, with the passage of this resolution without an amend- other faith that they cannot do the Community Services Block Grant we ment. same thing as well. are dealing with the very lowest-in- Mr. Chairman as the representative of the This is a well-intentioned provision, I come part of our population. I doubt if 18th Congressional district in the city of Hous- am sure, but the results will be a mis- there is a single Member here, either ton I have seen the good works that can be chief that we will regret for a very, Republican or Democrat, who has not done by faith-based organizations. I have very long time. The right course of ac- toured or at some point come into con- gone to nearly every church in my district and tion, Mr. Chairman, is to pass the tact with probably multiple agencies seen the charity taking place to feed, clothe, Democratic substitute, move forward which are working under this par- and care for our most impoverished citizens. with the laudable programs under this ticular grant, and which has made a But it is not just churches that engage in this bill, and retain the cherished tradition difference in the lives of people. kind of beneficial activity. Throughout my dis- of the separation of church and State I certainly have had that great op- trict there are synagogues, mosques, and tem- that has defined this country’s success portunity as I have seen the Meals on ples that are out-reaching to the general com- for so many years and so many genera- Wheels programs and educational pro- munity. We should be encouraging all these tions. grams and helping with housing and centers of faith to be dialoguing and working Mr. BOEHNER. Mr. Chairman,I yield helping with job development, and you with each other. We must eliminate many of myself such time as I may consume. name it, the various things these agen- the walls that often exist between communities Mr. Chairman, it should be clear to cies do. It is a very clean flow through of faith and have plagued so much of the our colleagues today that the under- to these agencies. It is a very clean de- world. The legislation contains the fatal flaw of lying bill, the reauthorization of the livery system as they deal with that allowing discrimination based on a person’s Community Services Block Grant pro- particular part of the population who religious background. If a person of a different needs help. gram, has been done on a broad bipar- faith wanted to take part in a church’s home- tisan basis. The only issue here of dis- b 1330 less project and was turned away because of agreement in the Chamber is the issue This is a very important piece of leg- her faith, how can we approve of that? Each of whether faith-based providers would islation. I congratulate the chairman individual should be judged on their intentions give up their title VII exemption in and the ranking member and every- not just on their faith. The people who want to order to continue working in this pro- body else who was involved, the gen- work in these faith-based programs only have gram. tleman from Nebraska (Mr. OSBORNE), the best of intentions. They want to positively As I mentioned before, for the last 6 of course, who is the author of this, for affect their community and we should not years this language allowing faith- putting together a piece of legislation allow others to put roadblocks in their way based providers to receive federal funds which both renews what we have been simply because of their religious affiliation. and to maintain their exemptions doing and reauthorizes it for the next The provisions allowing religious discrimina- under title VII has in fact been the law. half dozen years or so but also recog- tion in faith-based organizations is truly unfor- And to my knowledge, there has been nizes that we need to keep an eye on tunate because this is an otherwise excellent no complaints. Now, it is pretty clear certain things and does that as well. piece of legislation. Not only will it provide to me, and I think to most of my col- I think this is a very good underlying community service block grants, but it will hold leagues, that faith-based organizations, piece of legislation. I would encourage these programs accountable. States will now whether they are using their own each and every one of us to support it have to monitor the effectiveness of programs money or they are using federal funds, and also to support these programs out that are receiving Federal funds under this I would venture to say that the vast in our communities, which I think legislation. I know for certain that this legisla- majority of them probably would never makes a great difference in the quality tion will be very welcome in the city of Hous- take up their title VII exemption or of life for everybody. ton and indeed in the State of Texas. Our need it. But the fact is that that is the On the faith-based issue, which is ob- State is full of charitable and caring people law. viously the contentious issue here, I whose only concern is the well-being of the The 1964 Civil Rights Act made it think it is important to understand, community. I have full faith in my fellow Tex- very clear that religious organizations for whatever reason, this was done in ans that they would accept and welcome a did not have to give up their rights to 1998. If my recollection is correct, it be- provision not allowing religious discrimination hire the person of their choice under came law under a Democratic Presi- for Federally funded programs. This body has that act. And all we do here is main- dent at that time. I have not had any- always stood for the rights of all minorities and tain that and we have been doing this, body say to me ever in my State of we should stand with them now. Those who as we said, in the welfare reform law, a Delaware that there is a problem with want to engage in charitable activities should number of other laws, over the past that. Not once have I ever heard it be allowed to do so regardless of their reli- decade or so. And for those who have mentioned, and I have been to these gious faith. I hope the majority in this body will differences with this law, and I cer- agencies on a number of occasions in accept the Democratic substitute and make tainly respect their opinion, the fight the course of the last half dozen years, this a truly bipartisan resolution. should not be here on this bill. If they and I have not heard any examples of Mr. RYUN of Kansas. Mr. Chairman, some really feel strongly that the title VII that on the floor. of my colleagues on the other side of the aisle exemption for religious organizations Where it is really a problem, where would like to strip religious organizations of a should be taken away, they should go the rubber hits the road, it is a very fundamental first amendment right that has to the Committee on the Judiciary and nice constitutional argument. It be- been guaranteed to them by decades of civil move a bill to change the 1964 Civil longs in the Committee on the Judici- rights law—a right that has been upheld by Rights Act. But let us not do it on this ary, but the bottom line is most of the both the Congress and the U.S. Supreme bill. people who are supplying these services Court. Mr. Chairman, I yield 2 minutes to are doing it in a way that benefits ev- George Washington in a letter to the Annual the gentleman from Delaware (Mr. erybody, and I would encourage every- Meeting of Quakers held in 1789 said this: CASTLE), who has worked diligently on one to support the legislation. ‘‘The liberty enjoyed by the people of these this program, not only here as a Mem- Ms. JACKSON-LEE of Texas. Mr. Chair- states of worshiping Almighty God agreeably ber of Congress, but in his prior life of man, I rise today as a supporter of H.R. 3030 to their conscience, is not only among the

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.027 H04PT1 H324 CONGRESSIONAL RECORD — HOUSE February 4, 2004 choicest of their blessings, but also of their funding can be squeezed out of the adminis- ligion. Unlike other ideologies, our Constitution rights.’’ tration’s budget for actual communities to in- specifically protects religion in the first amend- As noted in a recent study by The Heritage vest in people, we negate the intent of this bill ment of the Bill of Rights. Yet, H.R. 3030 says Foundation entitled Churches, Charity, and and the work that must be done. federal funds can, in fact, be used to discrimi- Children: ‘‘It is not hard to understand why re- This bill should be about people not politics. nate against someone who may not share the ligious organizations would hire only those The truth is we are in an ongoing struggle same religion as that practiced by the organi- with similar religious values. It is impossible to for human dignity, basic human rights and real zation receiving funds. We must not allow our safeguard an organization’s mission—religious people living in poverty which this bill has pro- taxpayer dollars to support discrimination. or secular—without staff and volunteers who vided resources and support to. The fact is that religious organizations have embody it.’’ Ending poverty should be our obligation, been providing secular social services, such Our Nation was founded on the premise of and President Johnson launched the Commu- as Meals on Wheels, adult literacy programs, religious freedom. It is what makes our Nation nity Service Block Grant program back in the homeless shelters and job-training programs, great. 1960s hoping that we would step up to our to people in this country for decades. And, in Religious organizations are founded on commitment. cases where federal funds are involved, these deeply held convictions. It is these convictions How many of us can argue that we have religious organizations have willingly done so that have created these organizations. It is challenged this chronic problem, while our without discriminating in their hiring. We must these convictions that make these organiza- country has 35 million people living in poverty, not go down a road where discrimination of tions so successful. It is these convictions that 43 million people without insurance, 14.4 mil- any kind is allowed with federal money. give these organizations life. And today, if we lion families with critical housing needs, at I urge my colleagues to vote ‘‘no’’ on H.R. as a Congress do not combat this attempt to least 2 million Americans without jobs, and 3030 and ‘‘yes’’ on amendments that prohibit destroy these convictions, we will be destroy- while hunger and homelessness continue to religious discrimination. ing a part of the very foundation of what and rise with over a million homeless people on Mr. UDALL of Colorado. Mr. Chairman, I who we are as a Nation. the street any given night—nearly a third of rise today to express my cautious support of Mrs. BIGGERT. Mr. Chairman, I rise today whom are veterans. H.R. 3030, the reauthorization of the Commu- in support of H.R. 3030 and in opposition to The Community Service Block Grant is part nity Service Block Grant (CSBG). the amendments offered today. of a comprehensive, community centered ap- The Federal government sponsors several H.R. 3030 would reauthorize the Community proach to helping those most vulnerable in our programs which fight poverty on all levels. The Services Block Grant program and restore the country. The CSBG grants funding and re- CSBG ties these programs together and pro- protections granted to religious organizations sources to groups that: weatherize homes or vides extra support and flexibility to meet the under Title VII of the Civil Rights Act. This ex- provide emergency assistance; teach parents individual needs of each state. Many public emption explicitly allows faith-based organiza- on parenting and connect parents to reliable and private organizations which fight poverty tions the freedom to consider religion when child care; work with elderly and youth after will benefit the lives of many more people hiring staff, and any federal legislation gov- throughout the country as a result of the help school programs; provide transportation to erning federal training and social services these grants provide. those with disabilities; teach people about funds should continue to protect these rights. This bill makes several changes that en- Faith-based providers cannot be expected credit and financial literacy; provide crisis as- hance the quality of services these grant to sustain their religious mission if they cannot sistance to victims of domestic violence; fill sponsor. For example, organization, when ap- employ individuals who share the tenets and food pantries for the hungry; and the list goes plying for the grant, must submit a detail plan practices of their faith. In many cases, it is that on and on. about the type of services they will provide as faith that motivates them to serve their com- Mr. Chairman, today the debate over the well as criteria which effectively judge if the or- munity. Such practices have been upheld by Community Service Block Grant authorization ganization has meet the goals outline in their the United States Supreme Court in Bowen v. should go much deeper than mere dollars and submitted plan. by establishing local goals, Kendrick, even when the organization is re- cents. The domestic agenda of the Bush ad- each organization can tailor their efforts to ceiving federal funds. ministration is crippling America and Congress meet the needs of their clientele, while main- Let me clarify. Federal funds cannot be cannot stand for it. taining a high standard of service and effetive used for worship or for proselytizing. Nor can Our challenge and our obligation to elimi- use of taxpayer dollars. these organizations discriminate in who re- nate poverty and guarantee basic human I am also pleased that this bill continues to ceives services. Any activity that used federal rights and dignity to all men and women must require funding to improve economic condi- funds must not be discriminatory. be championed not only by this bill but by tions and encourage self-sufficiency for the We have a long history of making social some real money and attention. poor in rural areas. The rural poor face dif- service legislation more inclusive by extending I stand in support of ending poverty through ferent barriers to reach self-sufficiency than the Title VII exemptions in various federal pro- the reauthorization of this bill, and if my col- those in urban areas and thus require different grams. H.R. 3030 contains the same ‘‘faith- leagues feel the need to politicize poverty types of services to reach a level of independ- based’’ provisions as the Welfare Reform Act today, then I along with many other Members, ence. of 1996 and the Community Services Block will shed light on those malicious maneuvers. I do have many concerns that efforts to pro- Grant Act of 1998, both of which were signed The centerpiece of this debate should be, tect against religious discrimination in hiring into law by former President Clinton. The bill where there is justice for all men and women, made in both committee and through amend- we are considering today would simply make we find peace and respect for human dignity ments to this bill were not adopted by this the Community Services Block Grant con- and rights. Today this country needs leader- chamber. While I believe that it is important sistent with the legislation governing other ship that will ensure and protect that dignity that religious organizations maintain their reli- major social service programs. Furthermore, in and our basic and most treasured human gious character, I do not favor discrimination May, the House approved almost identical lan- rights. of any kind with federal dollars. guage in reauthorizing the Workforce Rein- Ms. SCHAKOWSKY. Mr. Chairman, I rise That being said, I believe that this ultimately vestment and Adult Education Act of 2003. today to speak out in opposition to H.R. 3030, is a good bill and the efforts made through the I urge my colleagues to support this legisla- a bill to reauthorize and amend the Commu- Community Service block Grants provide im- tion and let faith-based organizations continue nity Service Block Grant program. While I portant services to the poor in our country. As the good work they are currently doing. strongly support the social services and orga- a result, I will vote in favor of H.R. 3030 and Ms. LEE. Mr. Chairman, today I rise in nizations that these grants help support, this am hopeful that the Senate will provide protec- strong support of the Woolsey and Miller bill does not correct current law, which explic- tion against hiring discrimination and that that amendments and to highlight the immense itly allows religious organizations that receive language will remain in the final version of the need for anti-poverty and poverty-reduction federal funds from the Community Service bill. programs, currently executed by communities Block Grant Act to discriminate in their hiring. Mr. STARK. Mr. Chairman, today I rise in through the Community Service Block Grant Instead, I support the amendment offered by opposition to the ‘‘Improving the Community program. my colleagues, Representatives LYNN WOOL- Services Block Grant Act of 2003’’ and in sup- Unfortunately today, far too many of us are SEY, GEORGE MILLER, and others, which would port of the Democratic alternative. blinded by the politics of service instead of prohibit discrimination in hiring based on reli- I fully support the Community Services viewing the need for it. gion. Block Grant. It has helped lift many Americans As we debate the merits of this legislation’s Americans share a fundamental value that out of poverty. It has been instrumental in cre- language, its impact on civil rights, and where we must never discriminate on the basis of re- ating programs that provide many Americans

VerDate jul 14 2003 01:46 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A04FE7.021 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H325 with services and skills to get good jobs and providing Federal funds for secular purposes ing employment and achieving economic self- fully participate in their community. to any organization that could then use these sufficiency; And ‘‘community’’ is an important value un- funds in a discriminatory fashion on religious ‘‘(2) by improving and revitalizing the low-in- derscored in this initiative. The Community come communities in urban and rural areas by grounds. providing resources to States for support of local Services Block Grant is supposed to build I do support the Democratic substitute of- eligible entities and their partners— stronger communities, not create divided ones fered by my good friend, Representative ‘‘(A) to broaden the resource base of initia- where discrimination is tolerated and encour- GEORGE MILLER, ranking member of the Edu- tives and projects directed to the elimination of aged. cation and Workforce Committee. The sub- poverty and the redevelopment of the low-in- Yet, the House Republican bill would do just stitute restores basic civil rights for workers come community, including partnerships with that. It includes a provision that makes it legal while ensuring the on-going participation of nongovernmental and governmental institutions for religious organizations that receive funds faith-based groups in CSBG programs. to develop the community assets and services under the Community Services Block Grant to that reduce poverty, such as— Mr. Chairman, in closing, I want to reiterate ‘‘(i) other private, religious, charitable, and discriminate against who they hire or provide my support for the Community Services Block community-based organizations; services to based on one’s religious beliefs. Grant and express my deep disappointment in ‘‘(ii) individual citizens, and business, labor, This horrible provision will lead to religious or- having to oppose this bill for the mere fact that and professional groups, that are able to influ- ganizations denying essential services to the congressional leadership insisted on re- ence the quantity and quality of opportunities many low income Americans based on their taining such discriminating language. and services for the poor; and religion and ultimately depriving them of the Mr. GEORGE MILLER of California. ‘‘(iii) local government leadership; and opportunity to use these community services ‘‘(B) to coordinate community-wide resources Mr. Chairman, if I may inquire of the and services that will have a significant, meas- to climb out of poverty. chairman how many additional speak- urable impact on the causes of poverty in the I will not vote for legislation that reinstitutes ers he has on general debate. community and that will help families and indi- government-sponsored discrimination. I urge Mr. BOEHNER. Mr. Chairman, I do viduals to achieve economic self-sufficiency and my colleagues to vote instead for the Demo- not have any at the present time. to test innovative, community-based approaches cratic alternative. It funds all the programs Re- Mr. GEORGE MILLER of California. to attacking the causes and effects of poverty publicans fund in their bill. But, it does so with- Mr. Chairman, we have no further and of community breakdown, including— out opening the door to discrimination and in- speakers, and I yield back our time. We ‘‘(i) innovative initiatives to prevent and re- tolerance that is a barrier to self-sufficiency verse loss of investment, jobs, public services, can move right to the substitute. I and infrastructure in low- and moderate-income and stronger communities across our Nation. think we were debating the substitute communities; and Mr. KIND. Mr. Chairman, I rise today in in any case. ‘‘(ii) innovative partnerships to leverage the strong support of the Community Services Mr. BOEHNER. Mr. Chairman, I yield assets and services that reduce poverty, as pro- Block Grant. It is an extremely important pro- back the balance of our time under vided in subparagraph (A); and gram for more than 1,000 communities nation- general debate. ‘‘(3) by ensuring maximum participation of wide and millions of families. In Wisconsin, The CHAIRMAN. All time for general residents of low-income communities and of there are currently 19 eligible organizations debate has expired. members of the groups served by grants made and 11 tribes that receive CSBG funds and under this subtitle in guiding the eligible enti- Pursuant to the rule, the committee ties and in their programs funded under this last year the State received nearly $8 million amendment in the nature of a sub- subtitle, to ameliorate the particular problems in funding. I am pleased that in Wisconsin’s stitute printed in the bill is considered and needs of low-income residents and to de- Third Congressional District that I represent as an original bill for the purpose of velop the permanent social and economic assets there are five Community Action Agencies amendment and is considered read. of the low-income community in order to reduce serving our community. They include West The text of the committee amend- the incidence of poverty.’’. Central Wisconsin Community Action Agency, ment in the nature of a substitute is as (b) DEFINITIONS.—Section 673(1)(A) of the Western Dairy-land, Cooleecap, Central Wis- follows: Community Services Block Grant Act (42 U.S.C. 9902(1)(A)) is amended— consin Community Action Council and South- H.R. 3030 (1) in clause (i) by striking ‘‘and’’ at the end; west CAP. I commend these agencies for all Be it enacted by the Senate and House of Rep- (2) in clause (ii) by striking the period at the the work they do to fight poverty and assist resentatives of the United States of America in end and inserting ‘‘; and’’; and some of the most vulnerable members of our Congress assembled, (3) by adding at the end the following: community. SECTION 1. SHORT TITLE. ‘‘(iii) that successfully develops and meets the Over the past several years the Nation’s This Act may be cited as the ‘‘Improving the locally determined goals described in section poverty rate has risen so that now more than Community Services Block Grant Act of 2003’’. 678E(b)(1), as determined by the State, and meets State goals, standards, and performance 34 million people live in poverty with an all- SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS. requirements as provided for in section time high since statistics were first kept in 678B(a).’’. (a) PURPOSES AND GOALS.—Section 672 of the 1979. Recent unemployment figures are (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- Community Services Block Grant Act (42 U.S.C. equally troubling. Since 2001, approximately tion 674 of the Community Services Block Grant 9901 note) is amended to read as follows: 2.3 million workers have lost their jobs. Given Act (42 U.S.C. 9903) is amended— the current economic situation in this country ‘‘SEC. 672 PURPOSES AND GOALS. (1) in subsection (a) by striking ‘‘1999 through right now, the reauthorization of a program ‘‘The purpose of this subtitle is to reduce pov- 2003’’ and inserting ‘‘2004 through 2009’’; and erty— whose central purpose is to minimize the ef- (2) in subsection (b)(2)— ‘‘(1) by strengthening and coordinating local (A) by striking ‘‘678F’’ and inserting ‘‘678E to fects of poverty and to maximize self-suffi- efforts to expand opportunities for individuals assist States, eligible entities, and their partners ciency for millions of people is critically impor- and families to become economically self-suffi- in projects supported by this subtitle’’; and tant. cient and to improve and revitalize low-income (B) in subparagraph (B) by striking ‘‘moni- Yet, H.R. 3030 before us today fails to cor- communities in urban and rural areas, by pro- toring (to correct programmatic deficiencies of rect provisions in current law that permit reli- viding resources to States for support of local el- eligible entities)’’ and inserting ‘‘monitoring (in- gious organizations receiving funds under this igible entities, including community action cluding technical assistance and training to cor- Act to discriminate in employment based on agencies and other community-based organiza- rect programmatic deficiencies of eligible enti- tions— religion. While these provisions have existed ties)’’. ‘‘(A) to plan, coordinate, and mobilize a broad (d) USES OF FUNDS.—Section 675C of the Com- in current law for 5 years, I cannot condone range of Federal, State, local, and private as- munity Services Block Grant Act (42 U.S.C. the continuation of discriminatory policies in sistance or investment in such a manner as to 9907) is amended— any context. use these resources effectively to reduce poverty (1) in subsection (a)(3)(A) by striking ‘‘Begin- During committee consideration of H.R. and in initiatives that are responsive to specific ning on October 1, 2000, a’’ and inserting ‘‘A’’; 3030, an amendment was offered to remove local needs and conditions; and the discriminatory language. This amendment ‘‘(B) to coordinate a range of services that (2) in subsection (b)(1)(F) by striking ‘‘neigh- failed, thus retaining this language, which is meet the needs of low-income families and indi- borhood-based’’ and inserting ‘‘community- why I opposed the legislation in committee viduals, that support strong and healthy fami- based’’. lies, and that assist them in developing the skills (e) APPLICATION AND PLAN.—Section 676 of the and why I oppose it again today. needed to become self sustaining while ensuring Community Services Block Grant Act (42 U.S.C. While I strongly support the right of religious that these services are provided effectively and 9908) is amended— institutions to preserve the integrity of their efficiently; and (1) in subsection (b)— own religious character when it comes to their ‘‘(C) to design and implement comprehensive (A) by striking ‘‘Beginning with fiscal year activities, I oppose the Federal Government approaches to assist eligible individuals in gain- 2000, to’’ and inserting ‘‘To’’;

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(B) in paragraph (1)— (i) ACCOUNTABILITY AND REPORTING REQUIRE- the expiration of the 12-year period beginning (i) in subparagraph (B)— MENTS.—Section 678E of the Community Services after the fiscal year for which such grant is (I) by striking ‘‘youth development programs Block Grant Act (42 U.S.C. 9917) is amended— made if such grantee agrees to use such funds or that support’’ and inserting ‘‘youth develop- (1) in subsection (a)— such property for purposes and uses consistent ment programs, which may include mentoring (A) in paragraph (1)(A) by striking ‘‘By Octo- with the purposes and uses for which such programs, that support’’; and ber 1, 2001, each’’ and inserting ‘‘Each’’; and grant is made. (II) by striking ‘‘and’’ at the end; (B) in paragraph (2)— ‘‘(C) REPLACEMENT ACTIVITIES.—The Sec- (ii) in subparagraph (C) by adding ‘‘and’’ at (i) in the 1st sentence by inserting ‘‘including retary shall establish procedures to allow a the end; and any activities under section 678C’’ before the pe- grant made under this paragraph to be used by (iii) by adding at the end the following: riod at the end; a grantee to carry out activities substantially ‘‘(D) initiatives to improve economic condi- (ii) by striking the 2d sentence; similar to the activities for which such grant is tions and mobilize new resources in rural areas (iii) in the 3d sentence by striking ‘‘also’’; and made if, due to no fault of such grantee, such to eliminate obstacles to the self-sufficiency of (iv) in the 3d sentence by inserting ‘‘informa- grantee cannot carry out the activities for families and individuals in rural communities;’’; tion on the timeliness of the distribution of block which such grant is made. Such procedures (C) in paragraph (2) by striking ‘‘community grant funds to eligible entities as provided in shall require that the substantially similar ac- and neighborhood-based’’ and inserting ‘‘com- section 675C(a),’’ after ‘‘including’’; tivities serve the same impact area and have the munity-based’’; (2) in subsection (b)— same goals, objectives, and outcomes as the ac- (D) in paragraph (3)— (A) in paragraph (2) in the matter preceding tivities for which such grant is made.’’; (1) in the matter preceding subparagraph (A) subparagraph (A) by striking ‘‘beginning after (B) in paragraph (3)(B) by inserting ‘‘water by striking ‘‘information provided by eligible en- September 30, 1999’’; and wastewater’’ after ‘‘community’’; and tities in the State, containing’’ and inserting (B) in paragraph (3) by striking ‘‘Committee (C) in paragraph (4) by striking ‘‘neighbor- ‘‘an assurance that the State will provide infor- on Education’’ and all that follows through hood-based’’ and inserting ‘‘community-based’’; mation, including’’; and ‘‘Human Resources of the Senate’’ and inserting and (ii) in subparagraph (D) by striking ‘‘commu- ‘‘appropriate congressional committees’’; (2) in subsection (c) by striking ‘‘Chairperson nity and neighborhood-based’’ and inserting (C) by adding at the end the following: of the Committee on Education’’ and all that ‘‘community-based’’; ‘‘(5) COORDINATION OF REPORTING REQUIRE- follows through ‘‘Human Resources of the Sen- (E) in paragraph (9) by striking ‘‘and commu- MENTS.—To the maximum extent possible, the ate’’ and inserting ‘‘appropriate congressional nity organizations’’ and inserting ‘‘and commu- Secretary shall coordinate reporting require- committees’’. nity-based organizations’’; ments for all programs of the Department of (l) COMMUNITY FOOD AND NUTRITION PRO- (F) in paragraph (10) by striking ‘‘community Health and Human Services managed by eligible GRAMS.—Section 681 of the Community Services organization’’ and inserting ‘‘community-based entities so as to consolidate and reduce the Block Grant Act (42 U.S.C. 9922) is amended— organization’’; number of reports required about individuals, (1) in subsection (c) in the matter preceding (G) in paragraph (12) by striking ‘‘and’’ at the families, and uses of grant funds.’’; and paragraph (1) by striking ‘‘Committee on Edu- end; (D) by redesignating such subsection as sub- cation’’ and all that follows through ‘‘Human (H) by redesignating paragraph (13) as para- section (c); and Resources of the Senate’’ and inserting ‘‘appro- graph (15); and (3) by inserting after subsection (a) the fol- priate congressional committees’’; and (I) by inserting after paragraph (12) the following: (2) in subsection (d) by striking ‘‘1999 through lowing: ‘‘(b) LOCAL ACCOUNTABILITY AND REPORTING 2003’’ and inserting ‘‘2004 through 2009’’. ‘‘(13) an assurance that the State will take (m) NATIONAL OR REGIONAL PROGRAMS DE- REQUIREMENTS.— swift action to improve performance or, when SIGNED TO PROVIDE INSTRUCTIONAL ACTIVITIES appropriate, to terminate the funding under this ‘‘(1) LOCALLY DETERMINED GOALS.—In order to be designated as an eligible entity and to re- FOR LOW-INCOME YOUTH.—Section 682 of the subtitle of low-performing eligible entities that Community Services Block Grant Act (42 U.S.C. do not meet the applicable locally determined ceive a grant under this subtitle, an eligible entity shall establish locally determined goals for 9923) is amended— goals described in section 678E(b)(1) or do not (1) in subsection (b)(5)— meet the State goals, standards, and require- reducing poverty in the community, including (A) by inserting ‘‘(which may be accomplished ments as provided for in section 678B(a); goals for— through mentoring)’’ after ‘‘youth’’; and ‘‘(14) an assurance that the State will provide ‘‘(A) leveraging and mobilizing community re- (B) by inserting ‘‘to improve academic a justification to the Secretary if it continues to sources; achievement’’ after ‘‘study practices’’; and fund persistently low-performing eligible enti- ‘‘(B) fostering coordination of Federal, State, (2) in subsection (g) by striking ‘‘1999 through ties; and’’; local, private, and other assistance; and 2003’’ and inserting ‘‘2004 through 2009’’. (2) in subsection (c)(2) by striking ‘‘plan, or’’ ‘‘(C) promoting community involvement. SEC. 3. EFFECTIVE DATE. and all that follows through the period at the ‘‘(2) DEMONSTRATION THAT GOALS WERE This Act and the amendments made by this end, and inserting ‘‘plan, to meet a State re- MET.—In order for an eligible entity to receive a Act shall take effect on the 1st day of the 1st fis- quirement, as described in section 678C(a), or to second or subsequent grant made under this cal year beginning after the date of the enact- meet the locally determined goals as described in subtitle after the effective date of this para- ment of this Act. section 678E(b)(1).’’; and graph, such entity shall demonstrate to the State that it has met the goals described in The CHAIRMAN. No amendment to (3) by striking subsection (f). that amendment shall be in order ex- (f) TRAINING, TECHNICAL ASSISTANCE, AND paragraph (1).’’. cept those printed in the designated OTHER ACTIVITIES.—Section 678A(a)(1)(A) of the (j) TREATMENT OF BENEFICIARIES.—Section 679 Community Services Block Grant Act (42 U.S.C. of the Community Services Block Grant Act (42 place in the CONGRESSIONAL RECORD 9913(a)(1)(A)) is amended— U.S.C. 9920) is amended by adding at the end and pro forma amendments for the pur- (1) by inserting ‘‘dissemination regarding best the following: pose of debate. Amendments printed in practices,’’ after ‘‘technical assistance,’’; and ‘‘(f) TREATMENT OF BENEFICIARIES.—In pro- the RECORD may be offered only by the (2) by inserting ‘‘(including to assist in the de- viding assistance under a program described in Member who caused it to be printed or velopment of reporting systems and electronic subsection (a), a religious organization shall not discriminate against a beneficiary, or a poten- his designee and shall be considered data systems)’’ after ‘‘collection activities’’. read. (g) MONITORING OF ELIGIBLE ENTITIES.—Sec- tial beneficiary, of such assistance on the basis tion 678B of the Community Services Block of religion or of a religious belief.’’. Are there any amendments to the Grant Act (42 U.S.C. 9914) is amended— (k) DISCRETIONARY AUTHORITY OF SEC- bill? (1) in subsection (a)— RETARY.—Section 680 of the Community Services AMENDMENT NO. 4 IN THE NATURE OF A (A) in the matter preceding paragraph (1) by Block Grant Act (42 U.S.C. 9921) is amended— SUBSTITUTE OFFERED BY MS. WOOLSEY inserting ‘‘and the locally determined perform- (1) in subsection (a)— Ms. WOOLSEY. Mr. Chairman, I offer ance goals described in section 678E(b)(1)’’ after (A) in paragraph (2)— an amendment in the nature of a sub- ‘‘a State’’; and (i) in subparagraph (A) by inserting ‘‘(includ- stitute. (B) in paragraph (3)— ing financial assistance for construction or sub- The CHAIRMAN. The Clerk will des- (i) by inserting ‘‘appropriate’’ before ‘‘goals’’; stantial rehabilitation of buildings and facili- and ties, and for loans or investments in private ignate the amendment in the nature of (ii) by striking ‘‘established by the State’’; and business enterprises owned by community devel- a substitute. (2) in the last sentence of subsection (c) by opment corporations)’’ after ‘‘assistance’’; The text of the amendment in the na- striking ‘‘Chairperson of the Committee on Edu- (ii) by redesignating subparagraphs (B), (C), ture of a substitute is as follows: cation’’ and all that follows through ‘‘Human (D), and (E) as subparagraphs (D), (E), (F), and Amendment No. 4 in the nature of a sub- Resources of the Senate’’ and inserting ‘‘appro- (G), respectively; and stitute offered by Ms. WOOLSEY: priate congressional committees’’. (iii) by inserting after subparagraph (A) the Strike all after the enacting clause and in- (h) CORRECTIVE ACTION; TERMINATION AND following: sert the following: REDUCTION OF FUNDING.—Section 678C(a) of the ‘‘(B) FEDERAL INTEREST.—The Secretary shall Community Services Block Grant Act (42 U.S.C. establish procedures that permit funds provided SECTION 1. SHORT TITLE. 9915(a)) is amended in the matter preceding under a grant made under this paragraph, or This Act may be cited as the ‘‘Improving paragraph (1) by striking ‘‘established by the intangible assets acquired with such funds, to the Community Services Block Grant Act of State’’. become the sole property of the grantee before 2003’’.

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.002 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H327 SEC. 2. COMMUNITY SERVICES BLOCK GRANT (2) in clause (ii) by striking the period at standards, and requirements as provided for ACT AMENDMENTS. the end and inserting ‘‘; and’’; and in section 678B(a); (a) PURPOSES AND GOALS.—Section 672 of (3) by adding at the end the following: ‘‘(14) an assurance that the State will pro- the Community Services Block Grant Act (42 ‘‘(iii) that successfully develops and meets vide a justification to the Secretary if it U.S.C. 9901 note) is amended to read as fol- the locally determined goals described in continues to fund persistently low-per- lows: section 678E(b)(1), as determined by the forming eligible entities; and’’; ‘‘SEC. 672 PURPOSES AND GOALS. State, and meets State goals, standards, and (2) in subsection (c)(2) by striking ‘‘plan, ‘‘The purpose of this subtitle is to reduce performance requirements as provided for in or’’ and all that follows through the period poverty— section 678B(a).’’. at the end, and inserting ‘‘plan, to meet a ‘‘(1) by strengthening and coordinating (c) AUTHORIZATION OF APPROPRIATIONS.— State requirement, as described in section local efforts to expand opportunities for indi- Section 674 of the Community Services 678C(a), or to meet the locally determined viduals and families to become economically Block Grant Act (42 U.S.C. 9903) is amend- goals as described in section 678E(b)(1).’’; and self-sufficient and to improve and revitalize ed— (3) by striking subsection (f). low-income communities in urban and rural (1) in subsection (a) by striking ‘‘1999 (f) TRAINING, TECHNICAL ASSISTANCE, AND areas, by providing resources to States for through 2003’’ and inserting ‘‘2004 through OTHER ACTIVITIES.—Section 678A(a)(1)(A) of support of local eligible entities, including 2009’’; and the Community Services Block Grant Act (42 community action agencies and other com- (2) in subsection (b)(2)— U.S.C. 9913(a)(1)(A)) is amended— munity-based organizations— (A) by striking ‘‘678F’’ and inserting ‘‘678E (1) by inserting ‘‘dissemination regarding ‘‘(A) to plan, coordinate, and mobilize a to assist States, eligible entities, and their best practices,’’ after ‘‘technical assist- broad range of Federal, State, local, and pri- partners in projects supported by this sub- ance,’’; and vate assistance or investment in such a man- title’’; and (2) by inserting ‘‘(including to assist in the ner as to use these resources effectively to (B) in subparagraph (B) by striking ‘‘moni- development of reporting systems and elec- reduce poverty and in initiatives that are re- toring (to correct programmatic deficiencies tronic data systems)’’ after ‘‘collection ac- sponsive to specific local needs and condi- of eligible entities)’’ and inserting ‘‘moni- tivities’’. tions; toring (including technical assistance and (g) MONITORING OF ELIGIBLE ENTITIES.— ‘‘(B) to coordinate a range of services that training to correct programmatic defi- meet the needs of low-income families and ciencies of eligible entities)’’. Section 678B of the Community Services individuals, that support strong and healthy (d) USES OF FUNDS.—Section 675C of the Block Grant Act (42 U.S.C. 9914) is amend- families, and that assist them in developing Community Services Block Grant Act (42 ed— the skills needed to become self sustaining U.S.C. 9907) is amended— (1) in subsection (a)— while ensuring that these services are pro- (1) in subsection (a)(3)(A) by striking ‘‘Be- (A) in the matter preceding paragraph (1) vided effectively and efficiently; and ginning on October 1, 2000, a’’ and inserting by inserting ‘‘and the locally determined ‘‘(C) to design and implement comprehen- ‘‘A’’; and performance goals described in section sive approaches to assist eligible individuals (2) in subsection (b)(1)(F) by striking 678E(b)(1)’’ after ‘‘a State’’; and in gaining employment and achieving eco- ‘‘neighborhood-based’’ and inserting ‘‘com- (B) in paragraph (3)— nomic self-sufficiency; munity-based’’. (i) by inserting ‘‘appropriate’’ before ‘‘(2) by improving and revitalizing the low- (e) APPLICATION AND PLAN.—Section 676 of ‘‘goals’’; and income communities in urban and rural the Community Services Block Grant Act (42 (ii) by striking ‘‘established by the State’’; areas by providing resources to States for U.S.C. 9908) is amended— and support of local eligible entities and their (1) in subsection (b)— (2) in the last sentence of subsection (c) by partners— (A) by striking ‘‘Beginning with fiscal year striking ‘‘Chairperson of the Committee on ‘‘(A) to broaden the resource base of initia- 2000, to’’ and inserting ‘‘To’’; Education’’ and all that follows through tives and projects directed to the elimi- (B) in paragraph (1)— ‘‘Human Resources of the Senate’’ and in- nation of poverty and the redevelopment of (i) in subparagraph (B)— serting ‘‘appropriate congressional commit- the low-income community, including part- (I) by striking ‘‘youth development pro- tees’’. nerships with nongovernmental and govern- grams that support’’ and inserting ‘‘youth (h) CORRECTIVE ACTION; TERMINATION AND mental institutions to develop the commu- development programs, which may include REDUCTION OF FUNDING.—Section 678C(a) of nity assets and services that reduce poverty, mentoring programs, that support’’; and the Community Services Block Grant Act (42 such as— (II) by striking ‘‘and’’ at the end; U.S.C. 9915(a)) is amended in the matter pre- ‘‘(i) other private, religious, charitable, (ii) in subparagraph (C) by adding ‘‘and’’ at ceding paragraph (1) by striking ‘‘established and community-based organizations; the end; and by the State’’. ‘‘(ii) individual citizens, and business, (iii) by adding at the end the following: (i) ACCOUNTABILITY AND REPORTING RE- labor, and professional groups, that are able ‘‘(D) initiatives to improve economic con- QUIREMENTS.—Section 678E of the Commu- to influence the quantity and quality of op- ditions and mobilize new resources in rural nity Services Block Grant Act (42 U.S.C. portunities and services for the poor; and areas to eliminate obstacles to the self-suffi- 9917) is amended— ‘‘(iii) local government leadership; and ciency of families and individuals in rural (1) in subsection (a)— ‘‘(B) to coordinate community-wide re- communities;’’; (A) in paragraph (1)(A) by striking ‘‘By Oc- sources and services that will have a signifi- (C) in paragraph (2) by striking ‘‘commu- tober 1, 2001, each’’ and inserting ‘‘Each’’; cant, measurable impact on the causes of nity and neighborhood-based’’ and inserting and poverty in the community and that will help ‘‘community-based’’; (B) in paragraph (2)— families and individuals to achieve economic (D) in paragraph (3)— (i) in the 1st sentence by inserting ‘‘includ- self-sufficiency and to test innovative, com- (1) in the matter preceding subparagraph ing any activities under section 678C’’ before munity-based approaches to attacking the (A) by striking ‘‘information provided by eli- the period at the end; causes and effects of poverty and of commu- gible entities in the State, containing’’ and (ii) by striking the 2d sentence; nity breakdown, including— inserting ‘‘an assurance that the State will (iii) in the 3d sentence by striking ‘‘also’’; ‘‘(i) innovative initiatives to prevent and provide information, including’’; and and reverse loss of investment, jobs, public serv- (ii) in subparagraph (D) by striking ‘‘com- (iv) in the 3d sentence by inserting ‘‘infor- ices, and infrastructure in low- and mod- munity and neighborhood-based’’ and insert- mation on the timeliness of the distribution erate-income communities; and ing ‘‘community-based’’; of block grant funds to eligible entities as ‘‘(ii) innovative partnerships to leverage (E) in paragraph (9) by striking ‘‘and com- provided in section 675C(a),’’ after ‘‘includ- the assets and services that reduce poverty, munity organizations’’ and inserting ‘‘and ing’’; as provided in subparagraph (A); and community-based organizations’’; (2) in subsection (b)— ‘‘(3) by ensuring maximum participation of (F) in paragraph (10) by striking ‘‘commu- (A) in paragraph (2) in the matter pre- residents of low-income communities and of nity organization’’ and inserting ‘‘commu- ceding subparagraph (A) by striking ‘‘begin- members of the groups served by grants nity-based organization’’; ning after September 30, 1999’’; made under this subtitle in guiding the eligi- (G) in paragraph (12) by striking ‘‘and’’ at (B) in paragraph (3) by striking ‘‘Com- ble entities and in their programs funded the end; mittee on Education’’ and all that follows under this subtitle, to ameliorate the par- (H) by redesignating paragraph (13) as through ‘‘Human Resources of the Senate’’ ticular problems and needs of low-income paragraph (15); and and inserting ‘‘appropriate congressional residents and to develop the permanent so- (I) by inserting after paragraph (12) the fol- committees’’; cial and economic assets of the low-income lowing: (C) by adding at the end the following: community in order to reduce the incidence ‘‘(13) an assurance that the State will take ‘‘(5) COORDINATION OF REPORTING REQUIRE- of poverty.’’. swift action to improve performance or, MENTS.—To the maximum extent possible, (b) DEFINITIONS.—Section 673(1)(A) of the when appropriate, to terminate the funding the Secretary shall coordinate reporting re- Community Services Block Grant Act (42 under this subtitle of low-performing eligible quirements for all programs of the Depart- U.S.C. 9902(1)(A)) is amended— entities that do not meet the applicable lo- ment of Health and Human Services man- (1) in clause (i) by striking ‘‘and’’ at the cally determined goals described in section aged by eligible entities so as to consolidate end; 678E(b)(1) or do not meet the State goals, and reduce the number of reports required

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.003 H04PT1 H328 CONGRESSIONAL RECORD — HOUSE February 4, 2004

about individuals, families, and uses of grant mental organizations to account in accord (m) COMMUNITY FOOD AND NUTRITION PRO- funds.’’; and with generally accepted accounting prin- GRAMS.—Section 681 of the Community Serv- (D) by redesignating such subsection as ciples for the use of such funds provided ices Block Grant Act (42 U.S.C. 9922) is subsection (c); and under such program. amended— (3) by inserting after subsection (a) the fol- ‘‘(2) LIMITED AUDIT.—Such organization (1) in subsection (c) in the matter pre- lowing: shall segregate government funds provided ceding paragraph (1) by striking ‘‘Committee ‘‘(b) LOCAL ACCOUNTABILITY AND REPORTING under such program into a separate account. on Education’’ and all that follows through REQUIREMENTS.— Only the government funds shall be subject ‘‘Human Resources of the Senate’’ and in- ‘‘(1) LOCALLY DETERMINED GOALS.—In order to audit by the government. serting ‘‘appropriate congressional commit- to be designated as an eligible entity and to ‘‘(e) TREATMENT OF ELIGIBLE ENTITIES AND tees’’; and receive a grant under this subtitle, an eligi- OTHER INTERMEDIATE ORGANIZATIONS.—If an (2) in subsection (d) by striking ‘‘1999 ble entity shall establish locally determined eligible entity or other organization (re- through 2003’’ and inserting ‘‘2004 through goals for reducing poverty in the commu- ferred to in this subsection as an ‘‘inter- 2009’’. nity, including goals for— mediate organization’’), acting under a con- (n) NATIONAL OR REGIONAL PROGRAMS DE- ‘‘(A) leveraging and mobilizing community tract, or grant or other agreement, with the SIGNED TO PROVIDE INSTRUCTIONAL ACTIVI- resources; Federal Government or a State or local gov- TIES FOR LOW-INCOME YOUTH.—Section 682 of ‘‘(B) fostering coordination of Federal, ernment, is given the authority under the the Community Services Block Grant Act (42 State, local, private, and other assistance; contract or agreement to select nongovern- U.S.C. 9923) is amended— and mental organizations to provide assistance (1) in subsection (b)(5)— ‘‘(C) promoting community involvement. under the programs described in subsection (A) by inserting ‘‘(which may be accom- (a), the intermediate organization shall have ‘‘(2) DEMONSTRATION THAT GOALS WERE plished through mentoring)’’ after ‘‘youth’’; the same duties under this section as the MET.—In order for an eligible entity to re- and government. ceive a second or subsequent grant made (B) by inserting ‘‘to improve academic ‘‘(f) TREATMENT OF BENEFICIARIES.—In pro- under this subtitle after the effective date of viding assistance under a program described achievement’’ after ‘‘study practices’’; and this paragraph, such entity shall dem- in subsection (a), a religious organization (2) in subsection (g) by striking ‘‘1999 onstrate to the State that it has met the shall not discriminate against a beneficiary, through 2003’’ and inserting ‘‘2004 through goals described in paragraph (1).’’. or a potential beneficiary, of such assistance 2009’’. (j) NONDISCRIMINATION.—Section 678F(c)(1) on the basis of religion or of a religious be- SEC. 3. EFFECTIVE DATE. of the Community Services Block Grant Act lief. This Act and the amendments made by (42 U.S.C. 9918(c)(1)) is amended by inserting ‘‘(g) OPERATIONAL REQUIREMENT.—Notwith- this Act shall take effect on the 1st day of ‘‘religion,’’ after ‘‘color,’’. standing any other provision of this section, the 1st fiscal year beginning after the date of (k) TREATMENT OF BENEFICIARIES.—Section each entity that carries out a program, or the enactment of this Act. 679 of the Community Services Block Grant provides assistance, under this subtitle shall Ms. WOOLSEY. Mr. Chairman, the Act (42 U.S.C. 9920) is amended to read as fol- carry out such program, or shall provide lows: such assistance, in a lawful and secular man- Woolsey-Miller-Payne-Andrews-Van ‘‘SEC. 679. OPERATIONAL RULE. ner.’’. Hollen-Frank-Scott-Nadler amendment ‘‘(a) RELIGIOUS ORGANIZATIONS INCLUDED AS (l) DISCRETIONARY AUTHORITY OF SEC- is a Democratic substitute to H.R. 3030. NONGOVERNMENTAL PROVIDERS.—For any pro- RETARY.—Section 680 of the Community This Democratic substitute is word for gram carried out by the Federal Govern- Services Block Grant Act (42 U.S.C. 9921) is word the same as H.R. 3030 except for ment, or by a State or local government amended— one big difference: the Democratic sub- under this subtitle, the government shall (1) in subsection (a)— stitute prohibits religious discrimina- consider, on the same basis as other non- (A) in paragraph (2)— (i) in subparagraph (A) by inserting ‘‘(in- tion with Federal CSBG funds. governmental organizations, religious orga- It does this by making just three nizations to provide the assistance under the cluding financial assistance for construction program, so long as the program is imple- or substantial rehabilitation of buildings and changes to the underlying bill. First, mented in a manner consistent with the Es- facilities, and for loans or investments in the Democratic substitute adds the tablishment Clause of the first amendment private business enterprises owned by com- word ‘‘religion’’ to the list of protected to the Constitution. Neither the Federal munity development corporations)’’ after groups that cannot be discriminated Government nor a State or local government ‘‘assistance’’; against with CSBG funds. This list now (ii) by redesignating subparagraphs (B), receiving funds under this subtitle shall dis- prohibits discrimination on the basis of criminate against an organization that pro- (C), (D), and (E) as subparagraphs (D), (E), (F), and (G), respectively; and race, color, national origin, or sex. We vides assistance under, or applies to provide want to add religion to that. assistance under, this subtitle, on the basis (iii) by inserting after subparagraph (A) the following: Second, the substitute does not in- that the organization has a religious char- ‘‘(B) FEDERAL INTEREST.—The Secretary acter. clude the title VII exemption to the shall establish procedures that permit funds ‘‘(b) RELIGIOUS CHARACTER AND INDEPEND- Civil Rights Act, which is in current provided under a grant made under this para- ENCE.— CSBG law, permitting faith-based orga- graph, or intangible assets acquired with ‘‘(1) IN GENERAL.—A religious organization nizations to discriminate based on reli- such funds, to become the sole property of that provides assistance under a program de- the grantee before the expiration of the 12- gion when hiring with Federal funds. In scribed in subsection (a) shall retain its reli- year period beginning after the fiscal year other words, Mr. Chairman, religious gious character and control over the defini- for which such grant is made if such grantee discrimination is not allowed when tion, development, practice, and expression agrees to use such funds or such property for using Federal funds. of its religious beliefs. purposes and uses consistent with the pur- ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the Finally, the substitute adds a provi- poses and uses for which such grant is made. Federal Government nor a State or local sion to clarify that while religious or- ‘‘(C) REPLACEMENT ACTIVITIES.—The Sec- ganizations are welcome and able to government shall require a religious organi- retary shall establish procedures to allow a zation— grant made under this paragraph to be used participate in CSBG, they must con- ‘‘(A) to alter its form of internal govern- by a grantee to carry out activities substan- duct their activities in a lawful and ance, except (for purposes of administration tially similar to the activities for which such secular manner when using Federal of the community services block grant pro- grant is made if, due to no fault of such funds. This language is taken directly gram) as provided in section 676B; or grantee, such grantee cannot carry out the from Chief Justice Rehnquist’s major- ‘‘(B) to remove religious art, icons, scrip- activities for which such grant is made. Such ture, or other symbols; ity opinion in the Supreme Court case procedures shall require that the substan- of Bowen v. Kendrick, the case which in order to be eligible to provide assistance tially similar activities serve the same im- under a program described in subsection (a). pact area and have the same goals, objec- sets the constitutional requirements ‘‘(c) LIMITATIONS ON USE OF FUNDS FOR tives, and outcomes as the activities for for religious organizations that provide CERTAIN PURPOSES.—No funds provided di- which such grant is made.’’; government services. rectly to a religious organization to provide (B) in paragraph (3)(B) by inserting ‘‘water Faith-based organizations have a assistance under any program described in and wastewater’’ after ‘‘community’’; and long and successful history of partici- subsection (a) shall be expended for sectarian (C) in paragraph (4) by striking ‘‘neighbor- pating in CSBG programs, and we want worship, instruction, or proselytization. hood-based’’ and inserting ‘‘community- that participation to continue. We cel- ‘‘(d) FISCAL ACCOUNTABILITY.— based’’; and ebrate their contribution. We want ‘‘(1) IN GENERAL.—Except as provided in (2) in subsection (c) by striking ‘‘Chair- paragraph (2), any religious organization person of the Committee on Education’’ and faith-based organizations to partici- providing assistance under any program de- all that follows through ‘‘Human Resources pate in the same lawful and secular scribed in subsection (a) shall be subject to of the Senate’’ and inserting ‘‘appropriate manner as they did prior to the 1998 re- the same regulations as other nongovern- congressional committees’’. authorization, an authorization that

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.003 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H329 occurred in the middle of the night ationism, then you could ban people ligion at all ought not to be taxed and that allowed faith-based organizations who believe in evolution, but a janitor, told that they are not eligible to do the to discriminate when hiring staff with an architect, a contractor? The notion, work for which they are wholly quali- Federal funds. That change was made by the way, that we have to do this to fied except that people do not like by tucking a significant anti-civil allow faith-based groups to work is un- their particular religion. I hope the rights provision into an otherwise fair to faith-based groups. I do not amendment passes. sound conference report that was based think they need to be discriminatory. Mr. BOEHNER. Mr. Chairman, I on a voice vote in the middle of the We are not again talking about tell- move to strike the requisite number of night on the House floor; and, of ing them they cannot hire people for words. course, it passed. religious purposes. What is it about Mr. Chairman, we are debating the With this Democratic substitute, people of another religion that is so substitute offered by the gentlewoman Members have the opportunity to actu- distasteful that it is somehow wrong to from California (Ms. WOOLSEY), our ally vote in the clear light of day on ask people to associate with them? Are good friend and committee member; whether or not they want organiza- we saying that people cannot admin- and the only difference between the tions to be able to use Federal funds to ister good works, that they have to as- substitute and the underlying bill is further religious discrimination. sociate with Jews if they are Chris- the issue of whether faith-based pro- Mr. Chairman, a vote for the Demo- tians, with Catholics if they are Bap- viders can continue to maintain their cratic substitute is a vote for commu- tist, with Muslims if they are Epis- title VII exemption under the 1964 Civil nity service block grants. The Demo- copalians? Of course, it is the case that Rights Act. cratic substitute funds local commu- in America what Martin Luther King The gentleman from Massachusetts nity action agencies which sponsor so said years ago is still true, the hour of made a case for the fact that we should many important programs that address worship is a pretty segregated one. Tell not continue to allow this to occur. the needs of low-income families in our Orthodox Jews in Brooklyn that they The fact is that the Congress in 1964, communities. Strong community ac- may hire only their own and how many and as amended in 1965, went out of its tion agencies make for strong families, African Americans will be hired? Tell way to say that religious organiza- strong communities, and a stronger Mormons in Utah that they may only tions, when it comes to their hiring, Nation. hire their own and how many Ameri- can, in fact, make a decision and use religion as a basis of hiring. That is the The Democratic substitute gives cans are hired? Tell the African Meth- law; and for our colleagues who dis- Members the opportunity to take a odist Episcopal church or tell the Na- agree with that, as I said before, let clean vote for CSBG, without voting tion of Islam that they may hire only them take this case to the Committee for religious discrimination, and I urge their own co-religionists, and how on the Judiciary. Let us go amend the my colleagues to please support it. many white people or Hispanics get 1964 Civil Rights Act, but it is not the Mr. FRANK of Massachusetts. Mr. hired? Chairman, I move to strike the last We need not empower discrimination. issue here. Secondly, I would point out that word. In fact, I have worked myself, as many these faith-based organizations in Mr. Chairman, this is one of the most others have, with the archdiocese of many cases are very effective organiza- important issues we are going to deal Boston, which has a wonderful housing tions, helping needy people who need with. The question is whether or not program with combined Jewish philan- our help, and they do tremendous organizations receiving taxpayer dol- thropy’s housing program. The notion work; and in many cases, these organi- lars paid for by every taxpayer in this that religious charities cannot do their zations, faith-based community organi- country for secular purposes, nonreli- work unless they are allowed to dis- zations, hire people who have multiple gious purposes, will be allowed to use criminate against people not of their those taxpayer dollars to discriminate jobs. religion as they define it is factually My concern with the language that is against people based on their religion. wrong. being offered in the substitute is that There are arguments about what the So that is the question here. I would it will, in fact, have a very chilling ef- history is or is not and the current sta- have thought that the lesson of the last fect on these faith-based organizations tus is or is not. They are on both sides few years is that there is too much re- when it comes to their willingness to of the case. ligious separatism, too much divisive- participate in Federal programs to help Let us deal with the merits. Why ness, too much us against them in reli- meet their mission and our mission of should people in this country who pay gion. Yes, let us encourage religious helping poor people that are in crisis. their taxes be told that they are not el- groups to be fully participant in good These organizations have been doing igible because of their religion for a job works, but let us not write into the law this work for a long time. Many of which is paid for by their taxes? Of of the United States the principle that them have participated in Federal pro- course, religions have a right to hire having simply to work with someone of grams where they were protected, like their own co-religionists in religious another religion in entirely nonreli- the program we have before us. The matters, but let us understand. If you gious matters, secular matters, is Community Service Block Grant pro- are talking about the propagation of somehow so corrosive to your morale, gram going back to 1998 has the same religion, a very important function, so corrosive to your ability to function language in it that the bill has in it under the Constitution’s establishment that you ought to be allowed to say to today. I have not heard one complaint clause that cannot be done with public people, yes, pay taxes for this. We will from anywhere in the country that be- money. By definition you can only use take billions of dollars of tax money cause they are allowed to have their public money for secular purposes. No paid by everybody, and you Jews, you 1964 civil rights protections that they one denies that. Christians, cannot apply. have discriminated against anyone. The question then is, if you get the Let me say, I was recently shown The fact is that these organizations money for secular purposes, why something that I am told comes from do very good work in our communities. should you be able to tell people that the Focus on the Family Web site, and We ought to allow them to participate, they cannot work for you if you do not if this is an error I will apologize. I as we have. like their religion? It is not just reli- hope I will be corrected. I hope it is an gion in the more formal sense. It is re- error. What I am told it said was, if b 1345 ligion as the recipient defines it. If you this amendment passes, Christian char- And it is not just this program. There believe that no one who believes in evo- ities interested in accepting Federal are at least a half dozen other pro- lution can be a true Christian, then funds will be required to ignore reli- grams, including the 1996 Welfare Act, you will, under the law, without the gious conviction in hiring, even if po- that allows faith-based organizations Woolsey amendment, be allowed to tential employees practice Islam, Ju- to provide these services while main- deny people who believe in evolution daism, or no religion at all. taining their protections under the 1964 the right to work in a soup kitchen. Yes, I think under the American Con- Civil Rights Act. If there were a nexus in the job, yes. stitution and our principles, people So all we are asking in the under- If you were asking people to teach cre- who practice Islam, Judaism, or no relying bill is to maintain the current

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.033 H04PT1 H330 CONGRESSIONAL RECORD — HOUSE February 4, 2004 law and continue to allow these organi- Salvation Army’s new hiring practices One high-ranking administrator, in a com- zations, who are doing great work, to for employees who deliver social serv- plaint to the Equal Employment Oppor- keep doing what they are doing. I ices with taxpayers’ money that take tunity Commission, said a Salvation Army think that is a reasonable assumption, advantage of the Bush administration’s official said during a meeting that any staff member who refused to sign revised job de- and I believe that most Americans faith-based agenda. The New York divi- scriptions proclaiming the church’s mission would support what we are trying to do sion’s second-in-command of the Salva- would be fired. And a former human re- with the underlying bill. tion Army is quoted as saying, ‘‘Do we sources executive said a Salvation Army of- Ms. MCCOLLUM. Mr. Chairman, I require our employees to believe in ficial asked about religious affiliations of move to strike the requisite number of Jesus Christ and administer the doc- people who worked for her and whether sev- words. trines and tenets of the Salvation eral of them were gay. (Ms. McCOLLUM asked and was Army? Not unless we hire them for a Catholic Charities, the UJA-Federation of given permission to revise and extend specific ministry.’’ And then he clari- New York and the Evangelical Lutheran her remarks.) Church’s local synod all said they do not re- fied. ‘‘Everything we do is related to quire social service employees to reveal reli- Mr. Chairman, I stand today to sup- our ministry and, in fact, is our min- port the Woolsey amendment because, gious affiliations or commit themselves to a istry. The mission of the Salvation religious mission. you see, the underlying bill provides Army,’’ which is listed on job postings The Salvation Army’s New York division more than $635 million to communities and calls on new hires to ‘‘preach the leaders would not comment on the specific throughout this country to combat gospel of Jesus Christ and to meet charges, but denied that their policies are poverty, improve the lives of people human needs in his name.’’ new or even out of the ordinary for a reli- who are homeless, hungry, jobless, and Mr. Chairman, I respect any Ameri- gious institution. Officials acknowledged, all too often hopeless. These funds dis- can’s freedom to pray, and I pray my- however, that they had begun efforts to reinforce the organization’s religious identity tributed through Community Service self. I worship and I believe in God, and Block Grants put valuable resources among employees as part of a general effort I believe every American should be to tell the world about the group’s mission. into all of our communities to combat able to worship in the way that they The Army’s charitable role was in full poverty, and I support the general choose. But this congressionally funded focus last week when the national head- goals of the underlying bill and the and sanctioned discrimination based on quarters announced it had received a bequest program it funds. religion is an abomination and debases of $1.5 billion to build and endow 25 or 30 But it is not the funding alone that our Constitution. community centers around the country, each meets the needs of the homebound, the I call on all Members of Congress who of which will contain a place of worship. The drug addicted, the destitute, and the respect religious freedom and believe bequest came from Joan B. Kroc, the wife of hopeless. It is the tens of thousands of the McDonald’s chain founder, who died in in the constitutional separation of October. determined men and women who work church and State to vote against this Local Army officials said it was far too as health outreach workers in shelters, dangerous extremist bill and to support early to say how the money would affect op- as social service workers, in treatment the Woolsey amendment. erations, but national officials have said the centers, as counselors, and throughout Mr. Chairman, I include for the centers will be used for educational and spir- our community to meet the needs of RECORD the full text of the New York itual purposes, not for social services. others. I admire the service and the Times article I referred to earlier from Best known for the thrift shops and red selflessness of these men and women February 2. kettles that help support its network for services for the poor and homeless, the Sal- who live compassion every day they go [From the New York Times, Feb. 2, 2004] to work, and not as a soundbite on a vation Army is first and foremost a world- CHARITY REOPENS BIBLE, AND QUESTIONS wide evangelical church, according to the campaign trail. FOLLOW New York division’s second in command, Today, I rise on behalf of the STD (By Daniel J. Wakin) Maj. Guy D. Klemanski. and HIV clinic, the foster care social The Salvation Army of Greater New York, ‘‘Everything that we do is related to our worker, the midnight-to-6-a.m. attend- long known for its network of thrift shops ministry, and is in fact our ministry,’’ he ant at a group home, to oppose this bill and shelters, has begun an effort to reassert said in an interview. ‘‘Do we require our em- because it uses their tax dollars and its evangelical roots, stressing to lay employees to believe in Jesus Christ and admin- mine to fund religious organizations ployees that the Army’s core mission is not ister the doctrines and tenets of the Salva- that can hire them and then fire them just social services, but also spreading the tion Army? Not unless we hire them for a based on their religion or how they gospel. specific ministry.’’ The New York division’s new leaders have The tension between the social and spir- pray. This bill promotes State-spon- ordered that job descriptions now state the itual sides of the Army on display in New sored religious intolerance in employ- mission clearly. they have reminded employ- York have occurred in Salvation Army divi- ment and it should be defeated, and ees who deal with children that they must sions elsewhere in the nation, officials said. that is why I support the Woolsey fill out a form promising to follow the Major Klemanski said the questionnaire ask- amendment. Army’s religious mission in working with ing about church affiliation has been in ef- Our country was founded on the prin- them. The form also asks those employees to fect nationwide since 1993, although it was ciple of freedom of religion, and our describe their church affiliations. not always adhered to in the New York divi- tax dollars never should be used to en- ‘‘Periodically, we have to kind of reclaim sion and was re-emphasized last fall. The the ecclesiastical turf, if you will,’’ said Col. able religious discrimination in hiring. church questions were to help with back- Paul M. Kelly, a former New York division ground checks, he said, adding that many The Bush administration is continuing commander who was brought in as a consult- people in the New York division did not seem this disturbing trend of taking social ant last year to assess its operations. to be aware of the mission. service funding from successful, experi- The effort has stirred a mini-rebellion Major Klemanski said it was only natural enced organizations and redistributing among some longtime employees who resent that the Salvation Army expects general to faith-based organizations that are what they see as an intrusion on their pri- support from its employees for its mission. permitted to use religion in hiring. vacy and the potential for religious discrimi- ‘‘Why would you go to McDonald’s and tell How can Congress enable and fund re- nation. Such demands for religious loyalty, everybody to go to Burger King?’’ he asked. ligious organizations to use a person’s they say, breach the wall between church ‘‘Why would any one want to go to work for and state because the division accepts $70 the Salvation Army if they are not sup- faith or religious orthodoxy to deter- million in state and city funds for its pro- portive of us?’’ mine if a candidate is qualified to de- grams. The major said he and the New York com- liver social services or to mop a floor ‘‘We’ve been told that things are changing, mander, Lt. Col. Nestor Nuesch, arrived in or to cook soup in a soup kitchen or to that they’ve come to whip us into shape, and their posts in July with a desire to remind teach in a Head Start center? This is they want us to become more like the employees and the public of the Army’s reli- wrong. Separation of church and State Army,’’ said one social worker in a Salvation gious functions. They would have done the is not an opt-in or opt-out provision of Army foster care program who wanted to re- same anywhere, he said. ‘‘It’s fresh leader- our Constitution. Using tax dollars to main anonymous for fear of retaliation. ‘‘Ev- ship.’’ eryone’s really freaked out.’’ Robert Gutheil, Their arrival came on the heels of a reor- promote discrimination on the basis of a former official with an Army social service ganization plan by Col. Kelly that was cir- religion is just plain, in my opinion, program, said the New York division was culated last spring. In it, Col. Kelly urged un-American. considered an anomaly within the national that more Salvation Army members be re- I was disturbed by an article in Mon- Army for the lack of emphasis of religion in cruited for jobs. ‘‘The Army’s ‘Christian per- day’s New York Times describing the its programs. spective’ is rarely emphasized,’’ he said.

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.036 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H331 The church and its program are happily filiations. Some workers feared losing their Faith-based organizations have a fun- growing, he said, ‘‘but what appears to be jobs if they did not sign. They included Jews, damental right to their religious be- happening is a widening gap between the ec- Muslims and Hindus, gays and lesbians, athe- liefs, Christian, Jewish, or Muslim. The clesiastical Salvation Army and the social ists and even a lapsed Salvation Army mem- Federal Government, given its size and service component.’’ ber, employees said. He praised a human resources executive for The civil liberties union has also con- scope, would render their services ordering a Muslim employee to remove ‘‘var- demned job descriptions calling for appli- meaningless if this protection was ious Muslim artifacts’’ from one center. His cants to support ‘‘the mission’’ of the Salva- eliminated. We must continue to sup- report also questioned whether it was a good tion Army, which is listed on job postings port the most needy, those in our coun- idea to have hired a human resources direc- and calls on new hires to ‘‘preach the Gospel try who have needs of education, of tor for the Army’s adult services agency of Jesus Christ and to meet human needs in health, of food and shelter, and faith- ‘‘who represents and Eastern religion,’’ ap- His Name without discrimination.’’ based organizations in the 12th District parently Buddhism or Hinduism. The associate executive director of the The clash between the group’s religious children’s agency, Anne Lown, who is Jew- of Georgia are capable of meeting this and social service missions goes to the heart ish, filed the E.E.O.C. complaint, according need. of President Bush’s effort to make it easier to the New York Nonprofit Press, which re- I oppose the Woolsey amendment and for churches to obtain Federal money for so- ported the dispute last month. Ms. Lown, urge my colleagues to support the un- called faith-based social programs, a debate now associate director, would not respond to derlying bill, H.R. 3030. in which the Salvation Army has been cen- questions about the complaint. Mr. HOLT. Mr. Chairman, I move to tral. Mr. Gutheil, the executive director of the strike the requisite number of words. The group has lobbied the White House to children’s division, said in a Sept. 26 memo (Mr. HOLT asked and was given per- allow exemptions from gay discrimination to his superiors that the church-affiliation mission to revise and extend his re- laws, and in New York, has argued that its form would have an ‘‘enormously chilling ef- hiring policies fall well within the terms of marks.) fect’’ on hiring good applicants. He said it Mr. HOLT. Mr. Chairman, the Com- contracts with the city, the city’s human was bound to be challenged in court, bring- rights law and a 1980 executive order. ing bad publicity and hurting donations. munity Services Block Grant is a rel- Opponents sharply disagree. ‘‘It’s govern- ‘‘Finally, whatever the legality and what- atively small but important program mental monies to spread the mission of ever the practical implications, this is just for more than 1,000 communities and Christ,’’ said Martin Garbus, a First Amend- plain offensive to many of us who share the millions of families nationwide, but ment lawyer who is representing at least a Gospel faith of the Salvation Army,’’ wrote this amendment is critical because dozen Army employees who are upset by the Mr. Gutheil, an Episcopalian. ‘‘This is a city without it a potentially good bill is religious policy and fear retaliation. ‘‘The that thrives on its diversity. Our workplace rendered un-American and unaccept- government shouldn’t support Pat Robert- should reflect that.’’ son, it shouldn’t support the Catholic Within weeks, Mr. Gutheil had left the able. church, it shouldn’t support Jewish syna- Army after more than 20 years. On Tuesday, The CSBG purpose is to alleviate gogues.’’ he said a confidentiality agreement that was poverty by funding initiatives that The New York Civil Liberties Union asked part of a severance agreement prevented him fight the causes of poverty, such as un- the city and state comptrollers two weeks from discussing his departure. But he said employment, inadequate housing, poor ago to audit the New York branch, Lawyers the dispute contributed to it. nutrition, and lack of educational op- for the group say the New York division may ‘‘It was an important stand to take,’’ he portunities. The unifying char- be violating city and state contracts prohib- said. ‘‘I’m sorry I’m not at liberty to say acteristic of CSBG programs is that iting religious discrimination. more about it.’’ The city comptroller, William G. Thomp- they provide people and communities son, has passed the complaint on to the New Mr. BURNS. Mr. Chairman, I move to with the resources and skills they need York City Human Rights Commission, and strike the requisite number of words. to become self-sufficient. It is good leg- the office of the state comptroller, Alan G. Mr. Chairman, we have had this de- islation. Hevesi, said it was studying the case. bate before. We had it in sub- Communities in my 12th District of Lawyers for the employees said a lawsuit committee, we had it in committee, New Jersey, such as Franklin Town- could be filed this week. and the same rhetoric is here on the ‘‘This is an agency acting on behalf of a ship, Somerset County, Trenton, and government providing government services,’’ floor today. The opposition and the North Brunswick use CSBG funds to said Donna Lieberman, the civil liberties Woolsey amendment would roll back help individuals obtain employment union director. ‘‘It cannot be in the business time and take us back prior to 1998 and skills, gain access to home ownership of promoting religion and discriminating prior to 1964. The underlying bill, H.R. and health insurance. It is used for new against its employees based on religion.’’ 3030, preserves religious freedom and housing facilities, economic develop- Religious institutions are exempt from re- religious participation by faith-based ment, job creation, and public service ligious anti-discrimination laws, but not for organizations in community service. improvements, such as safer streets. employees working in government-funded Current law makes it clear that when programs, the civil liberties union argues. I am glad to see that this legislation, The Bush administration favors allowing re- faith-based organizations participate the Improving Community Services ligious institutions to consider religion in in Community Service Block Grants, Block Grant Act of 2003, as reported, hiring people who work for their govern- they can indeed take religion into ac- strengthens and improves the CSBG ment-funded programs. count in their hiring practices. They program. It enhances accountability at The Army, which operates in 109 countries, are not discriminating. Current law the local, State and Federal levels. It was founded in London in the 19th century recognizes that faith-based organiza- gives extra emphasis to CSBG’s top pri- by a Methodist minister, who patterned its tions should not be asked to com- ority, reducing poverty. I would structure and terminology after the mili- promise their religious character as a tary. Adherents undergo training before strongly support the provisions of the being ‘‘commissioned,’’ or ordained, as ‘‘offi- condition of using Federal funds to reported legislation, and I believe that cers,’’ the equivalent of ministers. Army doc- help those who are in need. they would help improve the quality of trine holds that the Bible is truthful revela- Repealing the 1998 law would need- services to low-income individuals and tion and salvation depends on obedience to lessly strip faith-based organizations of families so that communities can more Christ. their rights, rights that have been effectively move people towards self- Nationwide, the Army has 46,000 employ- guaranteed to them by title VII of the sufficiency, with the exception that ees, a budget of $2.5 billion and a reputation Civil Rights Act of 1964, and this has this, as reported, is un-American. for being efficiently administered. Some 1,700 employees work in the Greater been upheld consistently since then by Because H.R. 3030 fails to remove pro- New York Division’s social service agencies, the courts, most notably by the Su- visions in law that allow discrimina- which have a budget of $120 million a year, preme Court in Bowen v. Kendrick. tion against beneficiaries of services about 60 percent from government sources, Community Service Block Grants based on religion, and permits religious the division said. The agencies operate more allow faith-based groups to utilize Fed- organizations receiving funds to dis- than 60 group homes, foster care, treatment eral funds for secular purposes, feeding criminate in employment, I must op- programs, H.I.V. services, shelters and the and clothing the needy, helping those pose this bill. Now, I agree with the like. The New York division, which covers out of work to find jobs, and they do so majority that these provisions have ex- New York City, Long Island and seven coun- without compromising their essential isted in current law for 5 years, but ties north of the city, said it touches the lives of 5 million people a year. character. The underlying legislation that is not reason for us to continue to A few supervisors refused to hand out the would continue to provide this oppor- condone the continuation of discrimi- forms that included questions on church af- tunity for faith-based organizations. natory policies.

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.011 H04PT1 H332 CONGRESSIONAL RECORD — HOUSE February 4, 2004 For years, faith-based organizations much concerns me that those on the lars, they cannot proselytize. The have helped many Americans, but they other side are doing, as well as some on Court has clearly ruled that the soft- should not be permitted to turn away our side are doing, are muddying up ware on the computer cannot be paid qualified individuals from a federally what are very clear waters. Let us by the Federal Government if it has funded job because they are Christian make some things absolutely clear. any proselytizing in it. But the com- or because they are Jewish or because You cannot proselytize, you cannot use puter itself does not evangelize. The they are Muslim or because they have public funds under current law, or computer itself does not have a reli- any particular faith. It would be wrong under the bill that this House is con- gious message. A school bus taking to discriminate when hiring. It was sidering to proselytize. It might be kids to a camp does not have a reli- wrong, it is wrong, to discriminate part of the goal of your mission that in gious message in it. If they are going when hiring, and it should remain providing, say, soup to the hungry or to use the school bus, they cannot put wrong to discriminate when hiring shelter to the homeless or helping on the side ‘‘Jesus Saves You’’ if it is when using taxpayer dollars for that someone who is dying of AIDS, the rea- paid for with government dimes. hiring. son you are doing it may be Christian At the same time, they can be trans- The social services of CSBG are not and you may be a Christian mission ported to a place that has different inherently religious activities. It is ap- and talking about and viewing this as a messages. For example, we allow this propriate to use taxpayer dollars to holistic part of your mission, but when with Catholic schools in the country. Is conduct these activities. Organizations you are giving the soup, you cannot re- the other side of the aisle proposing that are faith-based and that are moti- quire a prayer. When you are giving that Catholic schools can no longer re- vated by their religious faith can do shelter, you cannot require somebody ceive assistance under IDEA or Title I, these things, even using Federal funds. to have a statement of faith when you that Catholic schools can no longer re- But they should not use the taxpayer are providing those services. ceive assistance in the form of basic dollars to discriminate. The work they things to their schools? Of course not. b 1400 do builds communities. The work fund- We have done this for years. ed by CSBG is to build communities. The question is not whether we are What we cannot do is provide reli- Let us not fund practices that tear going to fund Bible studies or fund gious instruction materials for Catho- apart our communities. prayer or that type of thing. The ques- lic schools or other schools. This I ask my colleagues to support the tion is can organizations who want to amendment, if passed, would suddenly Woolsey amendment. And if it does not maintain, from their point of view, pull out whole groups of people who pass, I ask them to oppose the bill. their organization’s statement of faith, view part of their mission, and I myself Ms. WOOLSEY. Mr. Chairman, will whether they be orthodox Jews, wheth- am an evangelical Christian, it is tell- the gentleman yield? er they be fundamentalist Christians, ing people like me who want to belong Mr. HOLT. I yield to the gentle- whether they be fundamentalist Mus- to an organization of evangelical Chris- woman from California. lims, do they have to change their fun- tians who believe part of our mission is Ms. WOOLSEY. Mr. Chairman, I damental mission to hire people who do to help the poor, that unless we bring thank the gentleman from New Jersey not share that mission in order to pro- in people who do not share our mission, for yielding to me, and I just wish to vide soup to the hungry. Giving a bowl we cannot even compete to provide as- respond to the gentleman from Ohio of soup to somebody does not require sistance to the poor. Quite frankly, most of these groups (Mr. BOEHNER), because he repeats over proselytizing them. They can pros- do not want to touch it. What I have and over that by not allowing faith- elytize on their own dime; they can been able to hear in the different hear- based organizations to discriminate raise money on their own dime. ings were many people coming forth using Federal funds, it would have a The question comes when they are saying they were afraid that the Fed- chilling effect on these organizations. I doing those services, does the fact that eral Government is now going to reach want to tell him that what would have you believe your organization wants to their long arm into our churches and a chilling effect and does have a have people of like mind working with start telling us who to hire and fire, chilling effect is allowing the use of it and that you hire people of like mind mean you can no longer provide soup and that is just not acceptable. Federal tax dollars based on religious Mr. Chairman, the Woolsey amend- hiring. to the hungry? Let me give Members a couple of spe- ment would in effect gut civil rights Using Federal tax dollars to discrimi- protections for all sorts of religious cific examples. We have been having a nate is chilling, and we must not let it groups, Muslim, Jewish, Catholic, series of oversight hearings on faith- happen. Protestant; and it would be a travesty based initiatives around the country, Mr. SOUDER. Mr. Chairman, I move if we go backwards in allowing people including Chicago, Nashville, San An- to strike the requisite number of from their own hearts to want to help tonio, Los Angeles, and Colorado words. the poor. Springs. We have been having a full de- (Mr. SOUDER asked and was given Although this provision appears innocuous, bate at each hearing where we have permission to revise and extend his rein fact this language is a blow that will serve marks.) had people from Jewish organizations to gut the faith-based provision in the law that Mr. SOUDER. Mr. Chairman, it needs who are more secular who do not agree allows faith-based organizations to retain their to be absolutely clear that this amend- with the position that I am arguing religious character while providing federally ment would in fact roll back civil today, and with different organizations funded social services. rights protections in the United States. like Catholic Charities where they set All beneficiaries and potential beneficiaries Religious organizations have long had up separate foundations where they are protected from discrimination based on re- protections that this amendment will hire people who do not necessarily ligion. At Committee, Chairman BOEHNER of- would roll back. The hiring protections share their faith as opposed to directly fered an amendment that was accepted which in title VII of the Civil Rights Act of through the Church. But at every hear- codified the regulatory provision (45 CFR 1964, were included in the 1998 Commu- ing, we have heard from organizations 1050.3(e)) regarding the treatment of bene- nity Services Block Grant authoriza- who will not be able to access Federal ficiaries. Specifically, the amendment stated tion. And the President at that time, funds if they have to change their hir- that a ‘‘religious organization that receives Bill Clinton, supported this clause di- ing practices. The amendment before funds under an applicable program, shall not, rectly for social services block grant us now would not allow the organiza- in providing program services or benefits, dis- because he realized that to do so and tions to participate in providing soup, criminate against a program beneficiary or change anything else regarding this if they don’t change their hiring prac- prospective program beneficiary on the basis would mean that we would be rolling tices. of religion or a religious belief.’’ back civil rights protections for faith- And by coming down constantly to Additionally, the CSBG law and regulations based organizations and churches the floor and saying or implying that both prohibit a faith-based organization from across the country. these organizations are proselytize is using CSBG funds for religious activities. We have long had these types of de- confusing many religious groups Section 679(c), states that ‘‘[n]o funds pro- bates. And one of the things that very around the country. With Federal dol- vided directly to a religious organization to

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.037 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H333 provide assistance under any program . . . SUBCOMMITTEE ON CRIMINAL JUSTICE, DRUG Grant Act of 2003. Community service shall be expended for sectarian worship, in- POLICY AND HUMAN RESOURCES block grants have played an essential struction, or proselytization.’’ HEARING ON ‘‘FAITH-BASED PERSPECTIVES ON role in our society to help fight pov- THE PROVISION OF COMMUNITY SERVICES, LOS In Section 1050.3(c), the regulations state erty by establishing programs, to help ANGELES, CALIFORNIA’’ with such issues as employment oppor- that a religious organization may not ‘‘expend Monday, January 12, 2004 any direct funding under the applicable pro- tunities, housing, facilities develop- Tim Hooten, Executive Director, Office of ment, and food assistance. These com- gram to support any inherently religious activi- Ministry and Service, Asuza Pacific Univer- munity action agencies have become ties, such as worship, religious instruction, or sity: pillars in communities throughout the proselytization’’ (45 CFR 1050.3(c)). Mr. Souder: Have you ever had any com- country. We all know and accept the Opponents have made the argument that plaints from any organization that any of fact that over two-thirds of community Chief Justice Rehnquist’s majority opinion in your students started sharing the faith and did not represent the organization? action agencies have a faith-based or- Bowen v. Kendrick requires the addition of this Mr. Hooten: No, quite the opposite. Espe- ganization or representatives on their language, arguing that it was ‘‘one of the most cially Foothill AIDS project, for instance. I board of directors. Approximately 75 important reasons’’ that the Court had found had a phone call with their Executive Direc- percent of community action agencies the funding of a faith-based organization con- tor recently, just asked how are things going work directly with religious institu- stitutional was because it ‘‘did not ‘discrimi- there. And he said, you know what—and my tions and denominations. Affiliations nate’ on the basis of religion and operated its question was with concern, like are students with faith-based organizations and government-funded services in a secular man- causing a problem there. And he said, you houses of worship have strengthened ner.’’ However, a careful reading of the opin- know what? Your volunteers are my best their message, outreach, and support volunteers because they really have a heart ion reveals neither of those points to be valid. for these young men and women who are for community action. The excerpt from the opponents about the dying. I am amazed that we would take a faith-based organization not ‘‘discriminating’’ Mr. Souder: And why do you believe they good process, a good program, a good failed to note that in the full quote (copied have that heart? approach, and then urge religious insti- below) the phrase was modified by ‘‘particu- Mr. Hooten: I believe because they feel tutions to discriminate. I can under- that they are there to serve the Christ with- larly when’’ indicating that the decision was stand a person who tithes at the New in the people that they are seeing. As far as Galilee Missionary Baptist Church valid even before getting to that issue—so it my perspective on what the New Testament, was not ‘‘one of the most important reasons.’’ where I am a member, and they even as a response to the Old Testament is that let me be a deacon at times. When you ‘‘We note in addition that this Court has when I serve someone, I am actually getting to serve Christ. So it is incarnational in that tithe, you give of your free will. You never held that religious institutions are dis- decide that you are going into your abled by the First Amendment from partici- they be the presence of Christ as they serve Christ. pocket, and so you should have a right pating in publicly sponsored social welfare to determine who the clerk of that programs. To the contrary, in Bradfield, v. SUBCOMMITTEE ON CRIMINAL JUSTICE DRUG POLICY AND HUMAN RESOURCES church becomes. If you want a Baptist Roberts, 175 U.S. 291, 20 S.Ct. 121, 44 L.Ed. person to be the clerk, that is quite all 168 (1899), the Court upheld an agreement HEARING ON ‘‘THE ROLE OF FAITH-BASED ORGA- NIZATIONS IN PROVIDING EFFECTIVE SOCIAL right. between the Commissioners of the District of SERVICES’’ But when you pay your income tax, Columbia and a religiously affiliated hospital Wednesday, July 2, 2003, Victory Fellowship you are not necessarily doing it of your whereby the Federal Government would pay Annex, San Antonio, Texas free will. You are doing it because it is for the construction of a new building on the Excerpted comments from the testimony the law of the land. If you do not pay, grounds of the hospital. In effect, the Court re- of Greg Kepferle, Executive Director of then something bad is likely to happen fused to hold that the mere fact that the hos- Catholic Charities of Central New Mexico to you. There is a tremendous amount pital was ‘conducted under the auspices of the and Catholic Charities of Santa Fe. of difference between a religious insti- Roman Catholic Church’ was sufficient to alter Mr. Kepferle: With Catholic Charities we tution having the ability to determine the purely secular legal character of the cor- want to make sure our Title VII exemption who the pastor’s secretary is on the poration, id., at 298, 20 S.Ct., at 124, particu- under the civil Rights Act is protected, that basis of religion, but to determine larly in the absence of any allegation that the as a religiously sponsored organization we whether or not a Ph.D. psychologist have the right to hire people who are Catho- hospital discriminated on the basis of religion lic and/or who have an understanding of can work in a program, or to determine or operated in any way inconsistent with its Catholic social teaching; however, in actual whether or not a certified public ac- secular character. In the Court’s view, giving practice because of—you know, we’re looking countant can be the comptroller for a of Federal aid to the hospital was entirely con- for the competent staff with skills and we’re $2 million grant, or a $3 million grant, sistent with the Establishment Clause, and the serving a very diverse population that we are that seems to be stretching it a bit; fact that the hospital was religiously affiliated retaining that right only in select positions. and we are comparing apples with or- was ‘wholly immaterial.’ Ibid. The propriety of For example, executive director or posi- anges. this holding, and the long history of coopera- tions that are working specifically with par- Of course religious institutions have ishes or within specific faith-based projects had the ability to determine that the tion and interdependency between govern- that we have, so we want to make sure that ments and charitable or religious organizations that which is already in the law and we have church secretary is in need of being is reflected in the legislative history of the that right, we want to make sure that’s pro- Methodist or Baptist or Jewish or AFLA.’’ (Bowen v. Kendrick, 487 U.S. 589, tected. But as a matter of actual practice Catholic, but please do not tell me that 609 (1987)). our hiring practices we hire very diverse you can handle a $5 million grant using As for the ‘‘lawful and secular’’ claim, again staff. We don’t for most positions inquire in my tax dollars and other people’s tax terms of their religious background or affili- dollars and then tell me that I cannot the full quote (copied below) is illustrative. It ation. work here because I am not Baptist. shows that it was only when there was a con- Mr. Sounder: You don’t inquire? Members talk about taking us back; cern that funds might be used for religious in- Mr. Kepferle: We don’t inquire, but we yes, we can go back, back to the days want to make sure we still have that right to doctrination)—which is not permitted under when NINA existed, and we would see CSBG—was further scrutiny needed. do that because just with any organization you want to make sure that, you know, the— in the store windows of businesses N-I- ‘‘But nothing in our prior cases warrants the if you’re selling shoes, you want to make N-A, meaning that no Irish need apply. presumption adopted by the District Court that sure that the person that’s out there selling Or if you are African American, you religiously affiliated AFLA grantees are not ca- shoes wears shoes and believes in that. I went to the back to get a drink of pable of carrying out their functions under the mean, just with any business. In our mission water or a hamburger or a hot dog. Or AFLA in a lawful, secular manner. Only in the it’s the mission of following the teaching of you were told that you did not have context of aid to ‘pervasively sectarian’ institu- the Catholic Church and carrying that out. enough experience or the expertise. tions have we invalidated an aid program on Mr. DAVIS of Illinois. Mr. Chairman, I would urge that we support this the grounds that there was a ‘substantial’ risk I move to strike the requisite number amendment so that religious freedom that aid to these religious institutions would, of words. can really be religious freedom. The knowingly or unknowingly, result in religious Mr. Chairman, I rise today in support whole social service, human service indoctrination.’’ (Id., at 612) (internal cites of the Democratic substitute to H.R. system in my community is under- omitted). 3030, the Community Services Block girded by faith-based organizations,

VerDate jul 14 2003 01:46 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.006 H04PT1 H334 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Lutheran Family Services, Jewish Fed- on so many worthwhile projects that tions should be able and allowed to par- eration, the Baptist Council, Methodist are lifting lives and healing neighbor- ticipate in Federal programs designed Urban Renewal. They all provide excel- hoods. to help those in need. They should and lent services. So do not change it. Do I desperately hope the Woolsey they do. And those who seek to confuse not urge them to discriminate. Vote to amendment is rejected. If this amend- this conversation and suggest that support the Woolsey amendment. ment is adopted, it slams the door; it those organizations will no longer re- Mr. GREEN of Wisconsin. Mr. Chair- chases away and sends a terrible mes- ceive Federal support are misleading man, I move to strike the requisite sage to so many good people and so the American people in this debate number of words. many organizations. It would be, in my today. Mr. Chairman, I wonder how many view, a travesty. So what is this all about? What this people across America have had the Mr. VAN HOLLEN. Mr. Chairman, I amendment does is affirm the critical misfortune of tuning into this debate. move to strike the requisite number of role of faith-based organizations in pro- Because if they did and are watching words. viding services in the fight against pov- this debate, they would be wondering Mr. GEORGE MILLER of California. erty while at the same time preserving what evil it is that has crept into this Mr. Chairman, will the gentleman the principles of religious tolerance land. yield? that are enshrined in the Constitution All over America people are seeing Mr. VAN HOLLEN. I yield to the gen- and the Bill of Rights. The Woolsey something a little bit different than tleman from California. amendment is identical to the under- what the other side is presenting Mr. GEORGE MILLER of California. lying bill in all respects except one. today. All across the land, people are Mr. Chairman, I want to make a point What this amendment does is prohibits familiar with organizations like Habi- because I think the previous speaker in taxpayer-funded job discrimination tat for Humanity, St. Vincent DePaul, the well completely misstates history. based on religion. Period. It is that Lutheran Social Services, Salvation This is not about driving anybody simple. Should applicants for federally Army, and in my neck of the woods or- away who wants to help our commu- funded jobs be evaluated based on their ganizations like Urban Hope and Raw- nities. One of the other speakers talked credentials, their experience, their per- hide Boys’ Ranch, which saves young about rolling back time. We have 30 formance and merit, or should they be men before they choose a career path years of experience where faith-based fired and hired based on their religion of crime, or Matt’s Place, which is try- organizations have stepped up to the or some religious test? ing to provide positive outlets for way- plate to help our communities, to help Imagine someone opening their local ward youth. They think of those orga- our families, to help our children, to newspaper, seeing an ad there for a fed- nizations, and they are trying to match help our homeless; and they have been erally funded job, someone who has de- those organizations with the rhetoric doing it all along. They were there be- voted their life’s work to trying to that they are hearing from the other fore the government programs were teach young children in early edu- side, and shake their heads. there. They were there with the initial cation, and they are excited about it, The real issue today is whether or programs in the 1960s. It was the only they open it up and they say, here’s the not this institution is going to chase way we could get services delivered. description, help young children, but, their wonderful groups away, whether Now, to suggest that somehow be- by goodness, only Christians need or not we are going to try to discour- cause we do not think that they should apply; or, within Christianity, only age those groups from taking up the discriminate in the hiring that we are Catholics or only Baptists need apply. mission of poverty relief that they chasing them away, they were there This provides a green light for that have devoted themselves to, whether or before this was the law. I was building kind of discrimination. How can we ask not we are going to push them away houses with Habitat for Humanity be- individuals, individuals who may be and tell them they need not apply fore 1998. This is not about that. This is listening to this debate around the merely because they do not believe cer- about whether or not people in good country, who pay their fair share of tain things that we expect them to be- faith who walked through the front taxes to support this community ef- lieve. door who need a job who have a talent fort, to support the programs that we The question is whether or not we are are going to be chased away because of are talking about to help the poor? going to lay new burdens on these their religion. That is what this is How can we ask them who have paid groups just because they had the au- about, whether or not a completely those taxes to the Federal Government dacity to answer the call of the needy, well-qualified individual who walks in to not be allowed to take a job with an whether or not we are going to push and asks for a job to help out, and is organization that helps in that regard away these organizations who are en- told they cannot have that job because because of their religion? deavoring to lift lives and heal commu- of their religion, that is who is being That is what the other side asks us to nities and build neighborhoods. The chased away, people of good faith and do. In fact, the arguments put forth by question comes down to something intentions who need help in our com- the Republicans on this issue today that President Bush said in his inau- munity who need a job and who are should be troubling to every American. gural speech. I am paraphrasing, but qualified to do the job. They say that faith-based organiza- President Bush asked this question of tions that take Federal dollars must be America: When we see that wounded b 1415 able to hire only their own members of traveler on that road to Jericho, will Mr. VAN HOLLEN. Mr. Chairman, I their own faith in order to do a good we step to the other side? rise in strong support of the Woolsey job of providing secular services under Well, listening to the debate here amendment, and I want to begin by this Federal program. It is in their today, it is clear at least a small num- making it clear what this amendment committee report. They have said it on ber do want us to step to the other is not about. It is not about the value the floor today. Think about what they side. They want us to turn our gaze and of the Community Services Block are saying. These Federal funds in this chase away those who would be the Grant. That block grant is extremely legislation provide services to help good Samaritan. Time and time again, important to millions of Americans in those in poverty. The mission is to pro- this Congress has supported the con- thousands of communities around this vide housing for those without housing. cepts and the language that are in this land. From Meals on Wheels to child To provide food and nutrition for those bill today. This Congress has supported care, to job training, to early edu- who have none. What they are saying is it, President Clinton has supported it, cation, community action partnerships that in order for a faith-based organi- President Bush has supported it. Now, provide critical support to the commu- zation to effectively use those funds for apparently, a small group wants to de- nities they serve. Nor is this a debate those purposes, you have to shut the stroy something that is working very about those provisions in the under- door on employees of other faiths. well, something that so many Ameri- lying bill that strengthen the account- I find it very ironic, Mr. Chairman, cans look to with admiration. They ability and local control in the pro- that today we are asking the peoples in want to chase it away. This would be a gram. Finally, this amendment is not Iraq and Afghanistan, the Sunnis, the terrible idea. This would slam the door about whether faith-based organiza- Shia, the Turkmen, the Christians, to

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.039 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H335 come together for the common good, from Virginia (Mr. CANTOR). We have This bill would authorize a church, a while at the same time here we are all received an action alert in our of- synagogue or a temple using Federal saying that in order to fulfill the com- fices from the Focus on the Family money to say, you can’t drive the mon good, we have to divide people CitizenLink. In the communique they Meals on Wheels van if you are a based on religion. What a terrible mes- say that on Wednesday we are going to Catholic. You can’t wash the dishes in sage. have this debate and we are going to the soup kitchen if you are Jewish. Mr. CANTOR. Mr. Chairman, I move have this amendment to prohibit faith- You can only be a member of our to strike the requisite number of based organizations from hiring on the church or our mosque or our temple words. basis of religion. As a result, Christian using Federal funds to have this job. Mr. Chairman, in listening to the charities interested in accepting Fed- That is the opposite of what Bowen v. speakers that have come before me in eral funds would be required to ignore Kendrick says. The more accurate talking and debating about what this religious conviction in hiring even if statement would be that the United debate is actually about, I will tell you potential employees practice Islam, States Supreme Court has not dealt what this debate is about. This debate Judaism or no religion at all. So the with this issue. is about a principle from the Civil gentleman from Virginia’s folks that But the U.S. Supreme Court is not Rights Act of 1964 which permits reli- he quoted would not get hired. the only arbiter of constitutionality. gious organizations to employ persons Mr. ANDREWS. I thank the gentle- On the first day of our session, we all who are members of or agree with the woman. raised our right hand on this floor and organization’s religious principles. Mr. Chairman, I want to make ref- swore an oath of allegiance to the Con- This element of religious liberty was erence to the case of Bowen v. stitution of the United States. With recognized by the framers of that act Kendrick which several times has been that oath comes a responsibility to in- as well as a unanimous Supreme Court cited by the majority as proof for the terpret the proposals before us as to as a fundamental component of the proposition that the court has upheld whether they are constitutional. I first amendment’s guarantee of free- provisions like these. That is not the would urge my Federalist Society dom of religion. case. It is very important to under- friends on the majority side, my strict We all have stories in our districts of stand the difference between Bowen v. constructionist friends on the majority individuals who have come together, Kendrick and the bill that is before us. side, to consider that oath before they many around faith-based principles, In fact, language in Bowen v. Kendrick cast this vote today. connected with faith-based institutions indicates that there are suspicious con- I believe strongly that this provision, or ideology who perform tremendous stitutional problems with this bill. which expressly authorizes the use of good for our communities; actually, or- In Bowen v. Kendrick, the Congress public money to discriminate on the ganizations that do much better than had enacted the Adolescent Family basis of religion in granting employ- what the government may have tried Life Act which was designed to create ment, is unconstitutional. Irrespective to do in any given instance. I know grant programs for local agencies to of how one feels about the other merits these organizations, as all of you do. counsel young people on issues of sex- here, I think that Members should vote They bring people together, they im- ual relations, personal responsibility for the Woolsey substitute on that prove lives, they clean up inner cities, and the like. The statute did not ex- basis. they feed the poor, they help drug ad- pressly exclude religious organizations Mr. PITTS. Mr. Chairman I move to dicts return to a productive avenue in from receiving these grants. It was si- strike the requisite number of words. life. And these are all roles that per- lent about the question of what reli- (Mr. PITTS asked and was given perhaps the commercial endeavors have gious organizations could do. There mission to revise and extend his re- failed at or certainly the government was a lawsuit brought to declare the marks.) has failed at in many instances. statute unconstitutional on its face be- Mr. PITTS. Mr. Chairman, I rise The critics are saying somehow this cause it failed to exclude religious or- today in opposition to the Woolsey is a constitutional issue. But to the ganizations. The Supreme Court held amendment. It declares war between critics I say, the Constitution says that the statute was not unconstitu- the government and faith-based organi- freedom of religion, not freedom from tional because it failed to exclude reli- zations. It cuts services for people in religion. I received in my office just gious organizations. However, and this need. It eliminates the role of faith- yesterday a press release from the is important, one of the things that based organizations in our govern- Union of Orthodox Jewish Congrega- Chief Justice Rehnquist noted in his ment’s efforts to help. By denying the tions of America. Mr. Chairman, I opinion was that one of the reasons rights of religious organizations to hire would like to just read an excerpt from that the Court concluded that that according to their principles, this this memo from this group. In respond- statute in Bowen v. Kendrick was not amendment would deny resources to ing to the critics’ assertion that this unconstitutional, they said, and I am people who know what they are doing. principle involved in the CSBG pro- quoting from the official summary of Many faith-based organizations have gram fosters some federally funded em- this in the case, however, there is no proven track records of meeting the ployment discrimination, the group re- requirement that grantees, meaning long-term needs of people who need it. torts: the agencies receiving the funds under Many government programs do not. This principle is a fundamental component that bill, there is no requirement that Government may provide food and of constitutionally protected religious lib- grantees be affiliated with any reli- shelter for a night, but it cannot offer erties and exactly analogous to those en- gious denomination and the services to hope and courage many times to build joyed under the first amendment freedom of be provided under the act are not reli- a new life. Faith-based organizations association by other private agencies orga- gious in character. can. There is no need to supplant them nized around certain beliefs and principles. In other words, what the Court, I or undermine them with another gov- Mr. ANDREWS. Mr. Chairman, I think, is implying there is if that stat- ernment program. They are great move to strike the requisite number of ute had said, as this one does, that an sources of hope and encouragement for words. Episcopal agency that wants to do those at their wit’s end. (Mr. ANDREWS asked and was given counseling of young people about In 2002, the Access Agency received permission to revise and extend his re- issues of sexual relations can only en- $60,000 in CSBG funding. A quick visit marks.) gage in the teachings of that particular to their Web site reveals that the Ac- Mr. ANDREWS. Mr. Chairman, I church, that that would have been sus- cess Agency has a set of core values would like to take a moment and yield pect under the Constitution and prob- and principles, including that they to the author of the amendment for a ably unconstitutional. What the Court ‘‘recognize the dignity and value of point. said in this case is, because there was every human being’’ and ‘‘believe every Ms. WOOLSEY. I thank the gen- no requirement that a particular de- human being has the fundamental tleman for yielding. nomination receive the grant, that it is right to a job, food, clothing, shelter Mr. Chairman, my point ought to be okay. That is the precise opposite of and health care.’’ I doubt anyone would taken very seriously by the gentleman what we are talking about here. argue that because the Access Agency

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.041 H04PT1 H336 CONGRESSIONAL RECORD — HOUSE February 4, 2004 received Federal funds, they should sions without the ability to employ in- who wishes to help their fellow human have to hire someone who does not be- dividuals who share the tenets and being. lieve that employment, for example, is practices of their faith. The success of Mr. Chairman, this is not only a a fundamental right. They are not any organization is having everyone on moral issue; it is also a constitutional forced by Congress to hire people who board with its essential principles and issue. The Civil Rights Act is clear oppose their beliefs. Title VII of the vision. The Civil Rights Act secures that it is illegal for employers to dis- Civil Rights Act allows these organiza- that right, the Supreme Court pro- criminate on the basis of religion re- tions to hire people who support their tected it, and we should follow suit. garding any condition of employment. mission. This means that a faith-based By protecting the nature of faith- My Methodist church, if they only charity, working to meet the needs of based organizations in the CSBG, H.R. want to hire Methodists, we have the people seeking help, can hire employ- 3030 encourages providers, who other- right to do it with our tithes and offer- ees who support their religious convic- wise may not have participated in the ing; but you do not have the right to do tions above those who do not. CSBG, to do so. This will increase the it with my tax dollars. Why, then, do some call it discrimi- option afforded to people in need, and This Congress should not be in the natory when a Christian or Muslim it will help more people. This amend- business of sanctioning discrimination charity wants to consider the beliefs of ment should be defeated. of any kind, and that is why I urge my potential employees before hiring them Mr. GREEN of Texas. Mr. Chairman, colleagues to adopt the substitute. The to run a federally funded faith-based I move to strike the requisite number substitute in no way hampers the abil- program? Such practices have been of words. ity of faith-based organizations to par- upheld by the United States Supreme Mr. Chairman, I rise in support of the ticipate in Community Service Block Court. There is a double standard here. Woolsey substitute. I am a strong sup- Grant programs. I have dozens of them Planned Parenthood receives at least porter of both faith-based organiza- today who participate in it and do not $240 million in Federal tax funds. At tions and Community Services Block ask whether you are a member of their least in 2002 they did. Obviously they Grants. In the district I represent, we particular denomination or belief. It take belief in abortion into consider- have many faith-based groups pro- ensures that employees that are work- ation before hiring their employees. viding help with food, housing, coun- ing in these programs are afforded the seling, and so many other areas. We same civil rights protections that any b 1430 could not do it without them. other Federal-funded employee re- They are not forced by Congress to America has long been a country of ceives. On both a moral and constitu- hire pro-life Catholics, for instance. willing volunteers and people eager to tional level, voting for this amendment Why, then, do some call it discrimina- give back to their communities and lift is the right thing to do. tory when a Christian or Muslim char- up those to whom life has dealt a dif- Ms. HART. Mr. Chairman, I move to ity wants to consider potential employ- ficult hand. Many people dedicate strike the requisite number of words. ees’ beliefs before hiring them to run a themselves to programs that rely on Mr. Chairman, the amendment has Federally funded faith-based program? funding from Community Services been explained in a number of, I think, The Federally funded faith-based pro- Block Grants, food pantries, homeless quite confusing ways this afternoon. I grams under the CSBG program must shelters, Meals on Wheels, just to name think it is important that we make include participants of all faiths if they a few. All of those right now are serv- clear what this amendment does. choose to participate. The issue at ing in the district I represent, and they This amendment changes the Civil hand is not in regard to who is treated are faith-based. All denominations, the Rights Act. The amendment would pre- or helped with Federal funds, but mere- Catholic Church, the Baptist Church, vent religious organizations from em- ly if groups doing the helping or treat- the Methodist Church, that I am a ploying persons in a manner that is ing may consider in hiring decisions member of, all of them. consistent with their faith as currently the faith of an employee who would I do not think that we want to be- allowed and allowed for a number of work in their faith-based programs. lieve that individuals who want to help years under the Civil Rights Act. This Religious freedom in hiring is con- combat poverty or help their fellow amendment, again, changes the Civil sistent with constitutional assurances people should be denied this work Rights Act and in my opinion takes the of civil rights, as the Supreme Court based on their religious beliefs. Thank rights of people away. has unanimously decided in upholding the Lord, our faith-based organizations The amendment would really destroy these protections. It is the critics of have always played a historic role in the opportunity for many very small the exemption who are trying to undo helping deliver these much-needed faith-based institutions to continue op- 35 years of civil rights guarantees by services, but their important role in erating as they do today. attacking the independence of church- delivering any Federal-supported serv- Do not tell my constituents in the es, synagogues, mosques, and religious ices should not include the ability to very small towns that I represent in organizations of every kind. discriminate against potential employ- western Pennsylvania that they are There is no more vital protection for ees on the basis of religion. not allowed to utilize those from their organizations with a religiously rooted Mr. Chairman, everywhere we turn, faith community to provide the serv- approach to social assistance than the we see great need in our country. Too ices that they currently provide. In freedom to hire according to their con- many of our citizens go without food or fact, many of the people who actually victions. The leadership and staff of an homes to shelter them. These needs provide those services are not em- organization determine its destiny. know no religious boundaries. It is rep- ployed; they are volunteers. But the They alone will carry out its mission, resented by Protestants, Catholics, few that they do actually employ are uphold its priorities, embody its deep- Muslims, Hindus, all beliefs. If Ameri- people who are not just working for the est values. cans want to help meet this great need faith-based community’s service If the first amendment guarantee of through our community work, we project. religious liberty does not protect the should embrace each and every one of This discussion has been such that employment decision of faith-based or- them and not shut the door in their these church organizations or church- ganizations, their right to free associa- faces because they hold different be- related organizations are a Federal hir- tion, it then will become a meaningless liefs. ing program. They are not a Federal abstraction. This amendment proposes From my days in Sunday school, the hiring program. The purpose of the to tell faith-based groups that they lessons I learned each Sunday morning Federal dollars is to empower them have to hire individuals who disagree have remained with me my whole life. with more resources to provide services with their core principles. If it passes, Our religious beliefs are best judged through the Community Services we might as well revisit the Civil not by what denomination we are, but Block Grant program. That block Rights Act itself, since we would be re- by the actions we take and the manner grant program is not a hiring program; writing it today. that we live our lives. The ultimate it is a service program. Faith-based providers cannot be ex- judgment lies with God, who no doubt Do not tell the constituents in the pected to sustain their religious mis- looks approvingly on any American small towns that I represent in western

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.044 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H337 Pennsylvania that they are not allowed gious instruction. That part, I do not Now, these are not gifts to the to do double duty; that they cannot be, think, is controversial; but you never church. They are contracts to provide for example, a part-time church sec- can tell. government services. If you cannot retary of the faith of that institution The other part, of course, is the dis- provide government services the way and also be part of the organization crimination provision. We have had everybody has been providing them that provides service to alcoholics who trouble in the past trying to get down since 1941, the question is, whose prob- are trying to overcome that difficulty. exactly what we are voting on in this, lem is it? I believe it is your problem. Do not tell the churches or the syna- but I think we have come to the time If you cannot get along with other peo- gogues or mosques in my community where everybody acknowledges what is ple and do not want to hire people be- that they cannot take the part-time going on. cause of their religion, that is your person who helps perhaps maintain In 1941, President Roosevelt signed problem; you are ineligible for govern- their building to provide services with an executive order prohibiting dis- ment contracting. organizing their job placement pro- crimination in any defense contract. In This bill in its present form would gram. Do not tell the people in my 1965, President Johnson signed an exec- change that. If you cannot get along community that this amendment does utive order, no discrimination in any with other people, that is their prob- not violate the Civil Rights Act, be- Federal contract. That has been the lem, not your problem. We ought to go cause it changes it significantly. law of the land since that time. If you back to the traditional way, since 1965 These community organizations are want a contract with the government on all contracts and since 1941 on de- very small, and they exist in commu- to run a program, you cannot discrimi- fense contracts, that if you cannot hire nities where we do not have great big nate based on religion. Now, that does people, regardless of their religion, Federal programs. They are filling in not require you to change your mission then you are not entitled to contract the gap where Federal programs have or anything. It is just if you are using with the Federal Government to pro- not been effective. Federal money, you cannot discrimi- vide those services. These programs have been supported nate. We need to adopt the Woolsey amend- by Republicans and Democrats alike, Now, if you cannot get along with ment. It validates the Community people of all different faiths; and they people of other religions, whose prob- Services Block Grant program. It says have been very successful. Do not tell lem is it? Traditionally, that is your that you cannot have discrimination in the people in my communities who problem. If you cannot get along with employment and you cannot run wor- have been helped by these small pro- people of different religions, that is ship services on the government dime. grams that there is something wrong your problem; that is not their prob- That is the way it ought to be, and with the way that things have been lem. And if you are trying to get a gov- that is the way I hope it is if this sub- run. ernment contract and just for one rea- stitute is adopted. They are most often not using these son or another do not want to hire peo- Mr. ISAKSON. Mr. Chairman, I move Federal dollars to hire someone new. ple of other religions, that is your to strike the requisite number of They are using Federal dollars to help problem; and you have been ineligible words. them carry out the service, whether it to run a government program, person- Mr. Chairman, the gentlewoman from is to buy some more food for their soup ally, faith-based, or otherwise. California has proposed a solution to a kitchen program or to help provide According to this, if you cannot get problem we do not have. When you more resources for the Meals on Wheels along with people of other religions, it walked here today, there was not a sin- or buy gasoline for Meals on Wheels. is their problem. The victim is the one gle person stopping you saying, you This is not a jobs program. This is a that gets hurt in this situation. The know, the 1964 Civil Rights Act was service program, and the people are minority religions, the ones you want wrong and section 702 ought not apply motivated to provide service, often as to discriminate against, are the ones under Community Services Block volunteers; and a couple of them per- that get hurt. That is a change in the Grants. When you go back to your e- haps will get paid as a result of the law. mail, because we are not getting any monies they get through the Commu- Now, remember the present law mail right now, you do not have any- nity Services Block Grant program. under title VII, you cannot discrimi- body writing you that they have been It is important that we as Members nate against people with your own harmed because of a practice of 40 of Congress look at where these dollars money. You cannot take money out of years of the Civil Rights Act of the really go. This is not a jobs program; it your pocket and start hiring people United States of America. is a community service program. The and say on this construction project, I law as it is protects civil rights. The am only hiring people that belong to b 1445 law as it is is part of the Civil Rights this church; you belong to another When you read the news tonight or Act. This amendment would take civil church. Although you are the best car- when you read it last night and you rights away. penter that applied, you are not going look at television tonight, you look at Mr. SCOTT of Virginia. Mr. Chair- to get the job, solely because of your all of the problems in the world, there man, I move to strike the requisite religion. You cannot do that with your is not a single person complaining number of words. own money. Why should you be able to about community service block grants Mr. Chairman, I think we need to re- do it with Federal money? or about the Civil Rights Act of 1964. member what we are voting on. This Now, we have heard this thing about My dear friend, the gentleman from amendment includes all of the provi- the pro-choice groups do not have to New Jersey (Mr. ANDREWS) referred to sions of the Community Services Block hire people that are right-to-life. We the courts have not yet been chal- Grant, for which there is strong bipar- have a concept in law called a pro- lenged on this particular issue. Well, I tisan support. It includes two improve- tected class. There are certain groups will tell my colleagues one thing, and ments on the bill. One I do not believe of Americans that historically have this is a guess and I stand to be cor- is that controversial, but you never been discriminated against so badly rected if anybody knows I am wrong, can tell. It just says you cannot run a that we have had to pass laws to pro- but since 1964, in the last 40 years, no worship service on the government hibit it, have a protected class. act of Congress has ever been ruled on dime. That is, if you are contracted to Our history on racial discrimination more frequently or more often or been provide a government service, you can- and religious discrimination is so ugly challenged before the Supreme Court of not have a worship service in the mid- that we made it illegal to discriminate. the United States more than the Civil dle of the government program. If you So there is a difference between the Rights Act. If what we were talking want to have worship, it has to be sepa- NRA not hiring people because of their about repealing was so wrong and evil rate and apart from the government position on gun control and the NRA and punitive, then it would have long service, so people getting the govern- saying we are not going to hire Catho- since been decided. ment services can get the full benefit lics and Jews, or we are not going to But the biggest tragedy of all, and I of the program without having to be hire blacks. That is different, because love the ranking member, the gen- subjected to proselytization or reli- race and religion are protected classes. tleman from California (Mr. GEORGE

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.046 H04PT1 H338 CONGRESSIONAL RECORD — HOUSE February 4, 2004 MILLER), he is a wonderful human members or who should conduct their lic funds be entitled to any less consid- being. And he and I are about the same religious ceremonies. No one is even eration? age, and I have worked over the last 30 telling a religious institution who to The amendment in the existing law years on many charitable organiza- hire as the janitor. And if the Pres- that we are trying to take out was tions and faith-based projects, and he byterian church wants to say only passed in the dead of night in 1998 with has too, but he made a statement that Presbyterians could be hired to be the few Members understanding the full kind of twisted the facts. He said this janitor or the priest, that is fine. implications of the language in it. The has not been a problem for 30 years; Nor, despite the rhetoric, are reli- gentleman from Virginia and I were and he is right, it has not been. But if giously affiliated charities under this here at 1 in the morning to talk about the substitute is adopted today, we amendment barred from participating the dangers this kind of publicly fund- have a big problem, because we are say- in publicly funded programs. Every ed discrimination posed to our social ing to a huge resource of individuals Member, including myself, has worked services programs. Perhaps many of who, for 3 decades when they have been to obtain public funding for these my colleagues were not fully aware of allowed to, have provided meaningful worthwhile organizations. These reli- the scope of these change. efforts, like the YMCA of Atlanta that giously affiliated charities are the Now, as we debate this in the light of delivers the Head Start program for backbone of our social service delivery day, I urge everyone to take a close, our area; we have said to them, you system, and no one is suggesting we hard look at what is being done. I urge know, your exemption of the Civil change this, except for this administra- my colleagues to reject this betrayal of Rights Act no longer applies. You can- tion and the Republican majority, our first freedom, our most funda- not participate unless you change. And which wants to destroy what has mental of values, the freedom of con- who gets hurt? The 350 kids in Head worked well for years. science. I urge support of the Woolsey Start get hurt. What is at issue here is not whether amendment, and I urge that, again, we Now, we are going to vote on this in a church or a religiously based group are not talking about telling church- a little bit, and I hope we will defeat can have a religious test for anyone at based organizations not to participate the substitute, but I want to ask my all. What is at issue here is whether in public programs; they can do that as colleagues to count something. On the they can have a religious test for peo- they always did prior to 1998. We are way back to your office, count how ple, paid for by public funds; paid for simply saying you can only use public many people you encounter who bring by public funds to provide a public funds in a public contract in a non- up the fact that there has ever been a service. discriminatory manner. I urge support of the Woolsey amend- problem with this act or who say thank If the church wants to have a reli- ment to restore the law as it was. you one way or another for voting for gious test, as I said, for the minister or for the singers or for the choir director Mr. BARTLETT of Maryland. Mr. a substitute that is dead flat wrong. Chairman, I move to strike the req- Mr. NADLER. Mr. Chairman, I move or for the janitor, it is free to do so. But those things are not paid for by uisite number of words. to strike the requisite number of Mr. Chairman, I rise to oppose the public funds. If the church wants to words. proposed amendment because it would compete for a public contract to pro- Mr. Chairman, there has been a mis- clearly violate the first amendment’s vide services to the homeless with pub- construction here of what this amend- guarantee of freedom of religion under lic funds, or to provide housing with ment is all about, in particular by the our Constitution. This amendment gentleman from Georgia who just public funds, it should compete for that would tell faith-based organizations spoke. This amendment will restore contract. It should get that contract if that they must hire people who do not the Civil Rights Act as it was from 1964 it has the best proposal. But it should share their faith and beliefs. This is to 1998. It undoes an amendment put not be permitted, as it was not per- not the case with other organizations there in the dead of night, after no mitted until 1998, to have a religious and other deeply held beliefs. hearings and almost no debate, only 6 test to say no Jews or no Irish or no Planned Parenthood receives mil- years ago. And from 1964 to 1998, the Catholics and no Muslims may apply lions of Federal dollars, but there is no gentleman is quite correct, we had no for the publicly funded position to help requirement that they hire people who problems with this. administer these public funds. For the believe in the sanctity of life. Planned Now, Community Service Block nonpublicly funded positions of doing Parenthood takes belief into account Grants help communities provide serv- anything at all in the church or in the when hiring, but this is not condemned ices for low-income families and indi- charity, have any religious test you nor forbidden by the government as un- viduals who address the ever-rising want; that is religious freedom. It is lawful discrimination. number of people living in poverty not religious freedom to put a religious Members of the Congress hire staff through employment programs, hous- test on employment in a public pro- based upon competence and beliefs. A ing programs, nutrition programs, and gram paid for by the tax dollars of ev- major factor in our hiring decisions is education programs. For years these erybody. Protestant, Catholic, Jew, whether applicants believe in the same grants have been praised by both sides Hindu, Muslim, atheist, we all pay things as we; if we have similar polit- of the aisle. Yet today we find our- taxes, and our tax policy, our tax ical philosophies, similar ideas about selves debating the issue of whether or funds, should not be used to discrimi- the role of government and what public not religious discrimination should nate against any of us on the basis of policies will strengthen our country. It play a part in providing these services. religion. would be ludicrous for someone to say Religious discrimination is not the No one should ever see a sign at a to a Member of Congress that they American way. Asking someone his or government-funded program that says could not ask a potential employee her religion in a job interview is simply ‘‘No Catholics need apply’’ or ‘‘No Jews what their political views were or wrong. Asking people what they be- need apply’’ or ‘‘No Presbyterians need could not take that into hiring consid- lieve before they can feed the poor, apply,’’ but that is what this bill would eration. help the homeless, or provide protec- allow. In the Yorker case, an applicant Why apply a different standard to tion to battered families is, frankly, for employment with public funds was faith-based organizations? The govern- immoral. asked on his job application what his ment should not discriminate against Government saying that this is okay religion was, on the job application. Is religious groups that are delivering and funding it is a betrayal of our most that the America we want to live in? services to help the poor. cherished values. I know that my colleagues on the In defeating this amendment, we up- Now, no one with this amendment, or other side of the aisle complained hold the Constitution when it says that with the law as it existed between 1964 about what they view as religious tests ‘‘Congress shall make no law respect- and 1998, which this amendment would when it comes to approving judges in ing the establishment of religion or restore, no one is telling any religious the Senate. Why should the person who prohibiting the free exercise thereof.’’ person not to adhere to his or her faith serves soup in the soup kitchen, the Yet, some argue that faith-based orga- or to advocate it. No one is telling reli- publicly funded soup kitchen, or who nizations cannot receive Federal dol- gious institutions what to teach its aids the poor or the homeless with pub- lars because that would be a violation

VerDate jul 14 2003 00:39 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.048 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H339 of the separation of church and State. organizations are supportive of the un- the administrator had not recognized May I remind everyone that the words derlying language in the bill. the name ‘‘Yorker’’ as Jewish was he ‘‘separation of church and State’’ are Mr. BARTLETT of Maryland. Mr. interviewed in the first place. not in the Constitution of the United Chairman, reclaiming my time, our That is what happens, and that is States. ‘‘Separation of church and Founding Fathers would be amazed what happened. State’’ was a part of the now defunct that we were even discussing this. This Mr. CHOCOLA. Mr. Chairman, I move Soviet Union’s Constitution, article Congress, for the first 100 years of our to strike the requisite number of 128, I believe. Even so, the Congress is existence, voted money every year to words. not establishing a religion here. When send missionaries to the American In- Mr. Chairman, I rise today in opposi- money is given to diverse faith-based dians. The Continental Congress tion to this amendment. The reason I groups to help the poor, Congress is not bought 20,000 volumes of the Bible, cop- rise in opposition is because I think it declaring a national religion. The ies of the Bible to distribute to their reduces the effectiveness of faith-based President has made this clear when he new citizens. For the first 200 years the organizations because it prevents them said ‘‘faith-based programs should not New England Primer taught the alpha- from hiring people that share their val- be forced to change their character or bet to our students by using Bible text. ues and their beliefs. compromise their mission.’’ In the McGuffrey Reader, the author of I think the most effective organiza- I urge the House to defeat this that says that he borrowed more from tions in many of our communities, and amendment. scripture than any other source, and he certainly in the second district of Indi- Mr. BOEHNER. Mr. Chairman, will made no apologies for that. Our Found- ana, and I do not think my district is the gentleman yield? ing Fathers were devoutly Christian. really any different than any other, Mr. BARTLETT of Maryland. I yield They would be amazed that we are even that some of the most effective organi- to the gentleman from Ohio. discussing this. President Adams said zations that serve our communities’ Mr. BOEHNER. Mr. Chairman, I that this Constitution was prepared for needs are faith-based organizations. thank the gentleman for yielding. a Christian Nation which served the With any organization, whether it is One of the points the gentleman purposes of no other. Mr. Chairman, faith-based or not, it is the people that made is that organizations should not they would be amazed that we are even make it effective. It is not the build- be forced, faith-based organizations discussing this today. ing, it is not the computers, it is not should not be forced to hire people that Mr. GEORGE MILLER of California. anything other than the people that do not share their same opinions. As a Mr. Chairman, I move to strike the breathe life into that organization. matter of fact, in a hearing, a field requisite number of words. So would And it is the people that share com- hearing, a Reverend Tony Marciano, the Jewish and Muslim citizens of this mon values, common beliefs, and share Executive Director of the Charlotte country be amazed. a common mission that truly make it Rescue Mission in Charlotte, North I yield to the gentlewoman from effective and truly help it serve our Carolina made this statement: ‘‘The California (Ms. WOOLSEY). communities’ needs. Now the sup- first 677 words of our mission is to min- Ms. WOOLSEY. Mr. Chairman, in reporters of this amendment want to pre- ister the good news of Christianity. So sponse to the comment of the gen- vent that from happening. They want yes, in our application, we ask for your tleman from Georgia (Mr. ISAKSON) to prevent people coming together that church affiliation. Our statement of that there is no known discrimination share common beliefs from serving faith is attached to the application so because of the exemption included in community needs. that there are no questions who we are the underlying bill, I would like to read Before we vote on this, I ask every and who we are hiring. We expect peo- a story that I have here, and the story Member of this body to examine their ple, as they sign off on the application, is that in Georgia last fall, Alan York- own hiring practices. When we hire to sign on to our statement of faith. er responded to an advertisement in people to work in our offices, do we not And that is key,’’ he says, ‘‘because the Atlanta Journal Constitution for a ask them what their values and beliefs even though we have people from dif- position at the Methodist Children’s are? Do we not require that the they ferent denominations, Presbyterian, Home. Mr. Yorker is an exceptionally share our beliefs in their view of the Baptist, Methodist, et cetera, we need qualified psychotherapist with over 20 role of the Federal Government? Do we to make sure that everybody is on the years’ experience counseling young not ask them to share our beliefs in same page, you know, as we work with people and their families, and over a how we should spend the taxpayers’ the chemically addicted homeless.’’ decade’s experience teaching in Emory dollars? Do we not ask them to share It is not just these organizations, University professional schools, and a our beliefs in our political philosophy? faith-based organizations, that are number of appointments to State pro- So, Mr. Chairman, I urge a ‘‘no’’ vote doing such great work and who are sup- fessional committees. The Home, as on this amendment because I do not portive of this language. We have a the Methodist Children’s Home is re- think that we should ask anyone to do number of associations: Agudath Israel ferred to, has admitted that his creden- things that we are not willing to do of America, American Association of tials placed him among the top can- ourselves. We ask people who work for Christian Schools, Association of didates for the position. On the us in our office to share our values and Christian Schools International, Call strength of these credentials, the Home beliefs so they can be effective in serv- to Renewal, Catholic Charities, Catho- rushed him in for an interview where ing the people of this country. I think lic Health Association of the United he was first required to disclose in an we should ask no less to allow faith- States, Center for Public Justice, application form his religious affili- based organizations to ask people what Christians for the Faith-Based Initia- ation, church and minister. their values and their beliefs are so tive, Christian Community Health Fel- they can serve the communities across lowship, Christian Legal Society, b 1500 this country in each and every one of Council of Christian Colleges and Uni- Mr. Yorker, a Jew, supplied the name our districts as effectively as possible. versities, Evangelicals for Social Ac- of his synagogue and rabbi. As his Mr. RYAN of Ohio. Mr. Chairman, I tion, the General Conference of Sev- interview was getting under way, the move to strike the requisite number of enth-Day Adventists, the Heritage home administrator checked Mr. York- words. Foundation, Latino Coalition for Chris- er’s response to this section of the ap- Mr. Chairman, in a moment of full tian, Community, and Faith-Based Ini- plication, noted that Mr. Yorker is disclosure I am a Catholic. I am a tiatives, the National Association of Jewish and announced that the home Christian. And I have heard the name Evangelicals, the National Center for does not hire people of his faith. Alan of Christ used here several times today. Neighborhood Enterprise, Prison Fel- Yorker was shown the door. And if we look at one of the stories lowship, the Salvation Army, Union of The same administrator told another that one of the gentlemen used a little Orthodox Jewish Congregations of woman in the organization that it is bit earlier, he talked about the story America, the U.S. Conference of Catho- the home’s practice to throw the re- and the parable of the good Samaritan. lic Bishops, We Care America, World sumes of applicants with Jewish-sound- The Samaritans were an immigrant Relief, and World Vision, all of these ing names in the trash. Only because group who had distinct views that were

VerDate jul 14 2003 01:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.050 H04PT1 H340 CONGRESSIONAL RECORD — HOUSE February 4, 2004 different from the Jews of their time. teach in Sunday school? They are not munity. It is simply a recognition of And there was enormous hatred be- teaching the theory of relativity. They the people of these churches that as tween the Samaritans and the Jews. are teaching religion. You have Federal part of their commitment to their Lord And Jesus’ parable of the Samaritan dollars going to support someone to and to their faith; they have to help was to illustrate, he made the Samari- teach Sunday school religion in the others. And that is precisely what they tan a hero to reach out and help a Jew, United States of America. We are in are doing. They are providing social two groups that hated each other. Iraq right now trying to teach our val- services which the government would As we are having this discussion ues and the separation of church and provide at far greater cost and far less today, we should not try to twist the state. It is wrong, and it should not efficiently. And we do that voluntarily. story. We should understand that this happen. My city houses the second largest is about people wanting to help each And the bottom line is this is a polit- private mental health hospital in the other. I am a bit confused, though. I ical institution. And this political in- United States, again, started by a had listened to one gentleman who said stitution will make political decisions. faith-based institution. It is still a this money could not be used to pros- And money will end up in religious faith-based institution. It may dis- elytize. Then the chairman of the com- groups that look like us and act like us criminate in hiring in certain cases be- mittee said that some of the mission and have only our beliefs. Not our val- cause their treatment is based on a cer- statements of these groups is to min- ues, but our beliefs. Then, ladies and tain philosophy of life and faith and it ister the good news of Christianity, gentlemen, we have state-sponsored re- uses that to effectively treat those pa- which is great. We all support it. The ligion right here in the United States tients. of America. Catholic schools I went to for 12 years Incidently, many of these institu- supported that, but they did it with It is a blow to the Constitution, it is a blow to democracy, and it is a blow tions do already get Federal funds. For private money. You cannot use public example, the hospital I mentioned gets money to support a religious institu- to those of us who love freedom, especially religious freedom. a great deal of money from the Federal tion. It is wrong, and it should not be Government and from State govern- allowed. Mr. EHLERS. Mr. Chairman, I move to strike the requisite number of ment for health treatment. No one My great grandfather who was a lit- raises a question about that. No one tle Italian guy, who lived in Niles, words. Mr. Chairman, it is my pleasure to says this violates the Constitution. Ohio, during the Depression, he would rise today to support the base bill on They are providing medical treatment, walk down to the bottom of this hill the Community Services Block Grant but they do discriminate in hiring, not during the Depression, and he would Act. Probably my best way of ap- in every case but many some cases. walk to a couple of the steel mills. If proaching this is just to describe my You look at the colleges and univer- you would go out early enough, one of own community which has engaged in sities across the United States, and of the foremen would come out, and they faith-based activities for years. And I those are not State institutions, most would say they have three or four slots, am just constantly amazed at the hor- were founded by religious group. Today and there would be 80 or 90 people there ror stories that are projected today by there are still many religious colleges, waiting to see if they would get picked Members about what might happen if primarily Christian colleges, but also that day. But the foremen were all this bill passes. other faiths, represented in the higher Irish. Let me tell you what has happened in educational system of the United So they would come out and my lit- my community and put some of your States. All of these can make better tle grandfather was sitting there hop- fears to rest. My community happens use of Federal money than many Fed- ing that his name would be called. And to be quite a religious community of eral programs can. And many of them the Irish foreman would pick the Irish- many diverse faiths. But yet these do receive Federal funds, whether men, always, every day. And my grand- churches and synagogues have always scholarship grants, or loans, what have father would probably swear in Italian felt a major responsibility to the com- you. and work his way back up the hill and munity and to the world about them. try it again the next day. But as wrong But in the case of an organization As an example, when Vietnamese such as our church and its food pro- as that was, it was okay because it was first became refugees, my small com- private money. It was a private busi- gram which I mentioned earlier, we munity had more refugees initially could serve many more people if we had ness making this decision. than any other city in the United Now we are saying that a Protestant government funds. And we would cer- States simply because our churches be- tainly provide it more efficiently and taxpayer will give money to the Fed- came active early in providing relief eral Government, the Federal Govern- at less cost than a government entity for these refugees. could with paid employees. ment will get that money and will give The church that I go to is an inner- it to Catholic charities. Catholic char- city church. My wife and I selected So I simply want to point out to the ities will take that Federal tax money that when we moved to Grand Rapids naysayers on this floor that what we that was paid by a Protestant to the because we wanted to be involved in are attempting to do in this bill, is not Federal Government, and they will hire the central community. Our church has breaking new ground. It has already people to administer their programs. succeeded in starting a community been broken in the Civil Rights Act. Then the Catholic charities will be able center. It is a faith-based community Those who wish to limit the ability of to say we will not hire you because of center, but anyone is welcome. faith-based institutions are, in fact, at- one reason: you are Protestant. In addition to that, our church has tempting to infringe on the civil rights Look at all these religions. They all started a food program for the people of these faith-based institutions and share the same values, they are all sup- in the neighborhood, many of whom their supporters by prohibiting support portive, and they all want people to be are unemployed, on welfare or in very from the Federal Government when compassionate to one another. They all difficult circumstances. We serve ap- these churches are, in fact, doing the support social justice, but in this in- proximately 400 people every Saturday. job that the Federal Government does. stance your values do not matter. It is We have a group of volunteers from our And they are doing it in many cases what God you pray to or how you view church and other churches who every better. Christianity. It is wrong, and it is con- Friday go out and collect food from I urge that we defeat the amend- fusing. And I do not think the Federal stores and from warehouses, and make ments that have been offered. I urge Government should be in this line of it available in our church basement. that we continue the practice as we work. We sell it for approximately 10 cents on have it. And I urge that we make cer- The chairman of the committee also the dollar. And a number of families tain that these agencies will continue stated that you will be able to use this that come through can buy a week’s to be able to provide the services in the money and they will be able to work a groceries for their family for anywhere manner they see best and be able to part of the day doing one thing and from $10 to $20. qualify for Federal funds and not be then a part of the day possibly teach- No attempt is made to proselytize in hampered by restrictions on their hiring Sunday school. What could they any of these organizations in our coming practices.

VerDate jul 14 2003 01:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.055 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H341 I strongly urge that we defeat the vious Members on the Republican side regated in most communities. So once proposed amendments and that we vote said that we Members of Congress on you start bringing in religion as a way for the base bill. our side ask what religion people are to hire, the next thing that will follow I rise today in support of H.R. 3030, Improv- before we hire them. I was pretty actually is that you will then find that ing the Community Services Block Grant Act. shocked. I do not know if I know the racial discrimination will follow the The Community Services Block Grant pro- religion of any of my staff members. I religious discrimination. vides funding for a state-run network of local do not even know if they are religious. So as we have all people from all non-profit community action agencies. Michi- So we do get revelations here when we races losing their lives daily in Iraq, gan’s third Congressional district is served by have these discussions. And it does, where we have people in Afghanistan of three community action agencies: the Area once again, show the difference be- all races fighting together, we find Community Services Employment and Train- tween the ideologues who are holier those who fostered this war on us saying Council in Kent County, the Community than thou when in their employment ing we have got to separate people. We Action Agency of South Central Michigan in they are going to find out what reli- do not separate them on the battle- Barry County, and EightCAP, Inc. in Ionia gion you are before you can be hired. fields. We do not ask the religion when County. they go out to try to get the enemy. b 1515 In partnership with community organizations, But all of the sudden we are going to these agencies provide services to low-income It was also interesting that the same ask the religion of people. What hypoc- individuals, and families. The partners include gentleman talked proudly about the risy. What hypocrisy. You can die on faith-based organizations, such as Hope Net- former founders, the framers of the the battlefield under the American work and its Exodus Correctional Ministries. In Constitution, and how they were so flag, but when you go to get a job you addition, several faith-based colleges and uni- great in using the Bible to teach people have to tell your religion. versities, including Calvin College, Aquinas as they have used government money I think that the day will come when College, Cornerstone University and Reformed to buy these Bibles to teach, one, the all of this will pass by the board. It is Bible College, are located in my district. This American Indians and, number two, sooner than we think. It is going to be is multiplied many times throughout the United simply to use religious people to teach. in November this year. States, which has approximately 500 religious Of course, these same framers of the Mr. CUMMINGS. Mr. Chairman, I colleges and universities, many of which work Constitution were the same people that move to strike the requisite number of with community action agencies. said I was three-fifths of a person. As words. Allowing these faith-based partners and uni- you may recall in the Constitution of Mr. Chairman, as the son of two versities to receive federal funding is nothing the United States, African Americans preachers and one who has represented new. Faith-based organizations have been re- were considered three-fifths of a man. many churches as an attorney before I ceiving federal money to provide social serv- And when I was a youngster my grand- came to the Congress, I rise today to ices for decades. father always told me that his grand- speak on the Community Service Block The faith-based provisions within this legis- father told him about this three-fifths Grant reauthorization, a bill that could lation allow faith-based providers to maintain of a man. That is what black people represent 10 steps forward for our coun- the character of their organization through were. These great religious framers of try’s most downtrodden, but in the end their employment practices. These groups do the American Constitution had every- represents 100 steps back for civil not exist in order to proselytize, but in order to one as a full person but blacks were rights. serve those in need. Faith-based providers, in- only three-fifths because in the census Forty years after the passing of the cluding universities, cannot be expected to for Congress, they did not want blacks, Civil Rights Act of 1964, 41 years, Mr. sustain their religious mission without the abil- who could not vote in the first place, to Chairman, after the 1963 March on ity to employ individuals who share the tenets be allowed to distort the number of Washington, 49 years after Rosa Parks’ and practices of their faith. It is faith that moti- people in Congress in the South. refusal to give up her seat in 1955, just vates these organizations to serve their neigh- And so when we start talking about a few weeks after the celebration of bors in trouble. To deny faith-based organiza- the framers of the Constitution, we tions the right to shape the character of their Martin Luther King’s birthday, and need to have a whole day discussing groups through their employment practices is still today, regrettably, we fight to end the framers of the Constitution. Since to deny them their motivation to serve. Keep- discriminatory practices. the gentleman from Maryland (Mr. Mr. Chairman, over 40 years after ing religious-based staffing legal is the only BARTLETT) brought it up, I just Americans have fought to put into way to ensure equal opportunity and effective- thought I would mention it. ness for all organizations and to respect the place laws to end discrimination, I I just want to say that, one, I cer- diversity of faith communities that are a part of stand here on the House floor fighting tainly think that we are turning the our civil society. against outlandish provisions in this Mr. PAYNE. Mr. Chairman, I move to clock back. For over 40 years, Commu- reauthorization of the Community strike the requisite number of words. nity Service Block Grant programs Services Block Grant, a bill designed (Mr. PAYNE asked and was given have been instrumental in assisting to ameliorate the ravages of poverty. permission to revise and extend his re- families in poverty, and faith-based Unfortunately, this bill also allows marks.) communities have made strong part- taxpayer dollars to be used by religious Mr. PAYNE. Mr. Chairman, I join ners. It has worked. But as we know, organizations while letting them en- today with the gentleman from Cali- back in 1998 there was a change in the gage in discriminatory hiring prac- fornia (Mr. GEORGE MILLER), the gen- middle of the night. An amendment tices. Furthermore, it does not require tlewoman from California (Ms. WOOL- was put in that changed charitable- that these Federal dollars be used in a SEY), the gentleman from New Jersey choice provisions, which was added to nonreligious manner. These are very (Mr. ANDREWS) and others, myself in- allow religious organizations to receive unfortunate provisions I simply cannot cluded, in offering a Democratic sub- Community Service Block Grants to support. stitute to H.R. 3030, the Community use Federal funds to discriminate with Mr. Chairman, title VI of the Civil Service Block Grant. respect to employment. This is new. Rights Act of 1964 specifically bans re- I strongly believe that the Demo- That was done in 1998 when the bill was cipients of Federal funds from engag- cratic substitute does two important changed. ing in discriminatory practices. As things: one, it supports ongoing par- So I think that this really says a lot President John F. Kennedy said in 1963, ticipation of faith-based providers and about the people on the other side of ‘‘Simple justice requires that public Community Service Block Grant pro- the aisle because they want to take funds, to which all taxpayers of all grams; and, two, it restores basic civil Federal money and say that you have races, colors and national origins con- rights protection for families and em- the right to discriminate. And on top tribute, not be spent in any fashion ployees who benefit from participating of that, unfortunately, religion hap- which encourages, entrenches, sub- in Federally funded Community Serv- pens to be, on Sunday mornings it is sidizes or results in racial, color, or na- ice Block Grant programs. the most discriminating hour in the tional origin discrimination.’’ It was interesting to listen to the United States’ week, because most As such, in 1964, following Kennedy’s earlier discussion when one of the pre- churches are totally racially seg- legacy, the new Civil Rights Act was

VerDate jul 14 2003 01:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.056 H04PT1 H342 CONGRESSIONAL RECORD — HOUSE February 4, 2004 put in place to prevent this from ever communities. And to deny them their issue for years because the Civil Rights Act happening. Yet today we debate a bill protections under the Civil Rights Act includes an exemption for religious organiza- that allows discrimination on the basis of 1964, we believe would in fact have a tions, but I have come to believe that, where of religious preference. As history chilling effect on their willingness to Federal dollars are involved, Congress should clearly demonstrates, legalization of take Federal funds and to work in the not condone discrimination on any grounds, any form of discrimination, religious, community to help deal with many of even on religious grounds. racial, sexual or other, makes way for the problems that are there. With the help of tax dollars, faith-based or- the legalization of other forms. When I listen to the debate today, ganizations are able to provide a wide range Thankfully, we also have on the there are a lot of examples used of dis- of social services to their communities, but al- House floor today a substitute being of- crimination, discrimination in hiring. lowing them to discriminate against those who fered by my good friend, the gentle- And I would suggest to most of my col- wish to be of service, simply on the basis of woman from California (Ms. WOOLSEY), leagues that use these examples, if you their religion, casts a shadow on the wonderful and many other Democratic members don’t like the 1964 Civil Rights Act work these groups are doing. of the Committee on Education and the that provides religious organizations I understand some faith-based organizations Workforce. The Woolsey substitute an exemption in hiring, then we ought would prefer to have ideologically consistent would prohibit taxpayer dollars from to change it. But that is the law. And staffs, but I believe a person willing to take a being used for inequitable hiring prac- what we are trying to do is trying to job with a religious group and commit to ad- tices and requires that the funds be continue to comply with the law, and vancing the mission of that group can do so used in a lawful and secular manner. we should not deny those organizations whether or not they believe personally in the There is no doubt that religious organi- that are faith-based the protections institution’s message. And I believe any can- zations play an invaluable role in the that are granted to them under the 1964 didate who can excel in the workplace, will be provision of services at the local level Civil Rights Acts. able to do so regardless of his or her religious in antipoverty efforts. However, there I would ask my colleagues when we convictions. is also no doubt that this can be done near the vote on this substitute, that The bottom line is, holding one set of reli- successfully without exempting them we vote no on the substitute and to gious beliefs does not preclude someone from from compliance with our civil rights support the underlying bill which, in effectively providing services and even advo- laws. All recipients of Federal dollars fact, has been the law since 1998. cating another set of ideas. For that reason, should be held to the full letter of the Ms. WOOLSEY. Mr. Chairman, I being Catholic, Jewish, Muslim, or Hindu law. move to strike the requisite number of should not hinder a person’s ability to perform I urge my colleagues on both sides of words. the functions of a job they are intellectually the aisle to vote yes for the Woolsey Mr. Chairman, the 1964 Civil Rights qualified and willing to do. Ms. MAJETTE. Mr. Chairman, the Commu- substitute and no on final passage of Act allows faith-based organizations, nity Service Block Grant program is an invalu- H.R. 3030. We cannot allow Congress to religious organizations to use their able tool for fighting poverty. The Community turn back the clock on all of the civil own funds, and they can discriminate if Service Block Grant works and works well. It rights protections that we have fought they choose. That act does not allow works because it allows local discretion to so hard to build. We have come too far faith-based organizations to use Fed- guide the allocation of resources to those pro- to start over now. eral funds starting in 1964. grams that the underprivileged in their own I also urge all of my colleagues to The chairman is right. The only dif- communities most need. In my own district, support the Miller amendment extend- ference in this bill is the faith-based the Partnership for Community Action helps ing unemployment benefits. Over 2.9 discrimination based on religion lan- underprivileged children get a Head Start on million jobs lost, versus 1,000 gained guage. That is what we would like to school, helps citizens weatherize their homes, last month. That is a zero-sum gain, remove because, Mr. Chairman, this is and helps teen mothers find work. I am proud Mr. Chairman. American workers want a sad move on the side of the Repub- of these programs and support Federal invest- to work and they need help. licans to continue to take perfectly ment in their efforts. Mr. BOEHNER. Mr. Chairman, I good legislation and allow a poison pill This same Community Action Agency in my move to strike the requisite number of to stay in that legislation thinking district is involved in faith-based partnerships. words. that the people on this side of the aisle They teamed with Christian, Hindu, Islamic, As we near the end of the debate on are going to vote yes, that we have no Jewish, and Baha’i groups to work together to the Woolsey substitute, let me remind choice. address the problems of substance abuse my colleagues that the two bills that You know what? It is wrong. We do among youth and to decrease the recidivism we have before us are identical, with have a choice. It is wrong to allow reli- rate of inmates in our county jail. And they did one exception, that exception being the gious discrimination using Federal dol- this all without discriminating on the basis of language that we preserve in the cur- lars, and we are going to vote against religion. However, the law allows discrimina- rent law to allow faith-based organiza- it. tion. tions to participate in Community I support faith-based organizations I am strongly opposed to allowing recipients Service Block Grant programs without and the good they are doing in their of Federal dollars to discriminate on the basis giving up the protections granted to outreach and their human service proof religion. No issue is more important to our them under the 1964 Civil Rights Act. grams. I support them totally. The Nation than the need to prevent our Federal That is the only difference. faith-based groups in my district are Government from either supporting or oppos- We have worked the rest of the bill successful. They tell me, Get that lan- ing any form of religious expression. Despite out in a bipartisan basis, but this one guage out of the bill. We do not need it. this principle, the current law actually allows issue that we have argued on this floor, They agree that the exemption to title recipients of taxpayer money to discriminate we have done so on numerous occa- VII is useless. It should not be in there against someone who doesn’t share their reli- sions, whether it be the 1996 Welfare and that individual groups should not gious beliefs. It is unconscionable that this Reform Act, several times last year be able to use Federal tax dollars to body ever allowed this kind of discrimination to when we considered the Workforce In- discriminate in their hiring policies. be the law of the land. vestment Act, and when we considered If this language remains in the bill, I, I strongly support all of the religious-based the reauthorization of the Head Start for one, will be forced to vote against organizations whose members devote so bill, we had the same debate here in the underlying bill because I will not much of their time and energy to curing our the House about whether faith-based vote to use tax dollars for discrimina- Nation’s ills. I am confident that these organi- providers using Federal funds would tion. zations make us a stronger, more compas- have to give up the protections granted Mr. SHAYS. Mr. Chairman, I believe people sionate Nation. to them under the 1964 Civil Rights competing for a job should be judged on the My personal faith in God is strong and does Act. strength of their candidacy, not on their gen- not depend on a government endorsement. As we have heard today from numer- der, the color of their skin, their sexual orienta- Our Founding Fathers shared the belief that it ous Members, these faith-based organi- tion, or their religious beliefs. is in the best interest of both government and zations do very good work with the Supporting this amendment was not an religion if they remain mutually prevented from poorest of the poor in many of our easy decision for me. I have grappled with this exerting influence upon each other.

VerDate jul 14 2003 01:46 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.058 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H343 Even a single case of someone losing their counterintuitive to limit opportunity for needed According to an analysis of Government job because of their faith is too much to allow services because of an underlying religious af- data from the Center on Budget and Policy in our great Nation. As Justice John Paul Ste- filiation. Priorities, nearly 2 million unemployed workers vens has wisely noted, ‘‘Our democracy is Vote to defeat the Woolsey amendment, are expected to be in this situation during the threatened whenever we remove a brick from and for passage of H.R. 3030. first 6 months of 2004. The Center on Budget the wall that was designed to separate religion Ms. LORETTA SANCHEZ of California. Mr. and Policy Priorities also projected that 2 mil- and government.’’ Chairman, I rise in support of this substitute to lion people will exhaust their benefits between This Congress cannot ever condone em- H.R. 3030, which will improve the Community January and June, a record for any six-month ployer discriminating against potential employ- Services Block Grant. period for which data are available, if benefits ees. For this reason, I support the Democratic In the Republican version of H.R. 3030, a are not extended. substitute which preserves this wonderful pro- church could decide that an individual is not In no other month on record—and in no gram while upholding the constitutional prohi- qualified to work in a federally funded commu- other six-month period for which data are bition on religious discrimination. nity services program, simply because that in- available—have so many unemployed workers I support the Community Block Grant Pro- dividual does not hold the same religious be- exhausted their regular unemployment bene- gram, but cannot support any bill that con- liefs. fits without being able to receive additional dones discrimination. There is no question that this is a clear vio- aid. The unemployment rate is currently 6 per- Mr. BEAUPREZ. Mr. Chairman, I rise today lation of civil rights. It must be amended. cent in Ohio. In my congressional district, in Religious organizations provide essential in opposition to the Woolsey amendment, and the city of Cleveland, the unemployment rate community services around the country. How- to recognize the critical importance that Con- is 13.1 percent—57,191 Ohioans are sched- ever, we must not allow these organizations to gress must adopt a new attitude toward faith- uled to lose their benefits over the next 6 discriminate against people who want to work based and community initiatives and not in federally funded social service programs. months. hinder their ability to effectively assist the Dear colleagues, how do you recommend I The Democratic substitute would forbid such needy. inform my constituents that Congress decided Uncertain times have left many people in discriminatory practices. Don’t misunderstand me. I absolutely sup- not to extend unemployment benefits? I ask search of assistance and in need of a helping port the amazing work that local religious or- my colleagues to join me and support the hand to improve their lives. I believe is in the ganizations do to help poor and disadvan- Democratic substitute. vital interest of the United States to care for all taged families. In Orange County, the Orange The Democratic substitute provides for con- of our citizens. Inadequacies seen in many County Rescue mission provides food and tinued participation by faith-based organiza- current programs have left millions searching shelter to disadvantaged men and women. tions in Community Services Block Grant pro- for alternative sources of aid. I believe that the This work is necessary, and appreciated. grams, but prohibits religious discrimination establishment of faith-based initiatives is one Indeed, this good work should continue. Re- with Federal funds. Colleagues, Congress has of many ways to provide a helping hand to our ligious organizations should receive funding worked to eliminate discrimination since 1964 fellow Americans in need. for community programs. The Democratic through the enactment of Title VII of the Civil Few people realize that faith-based organi- amendment would allow churches and other Rights Act of 1964, that prohibits employers zations have been utilized for years by all lev- religious organizations to receive federal funds from discriminating against individuals be- els of government. President Lyndon John- for community programs. cause of their religion in hiring, firing, and son’s ‘‘Great Society’’ initiatives expanded But religious groups should follow the same other terms and conditions of employment. FBOs to include welfare and community serv- civil rights protections secular organizations How dare we, Members of Congress, allow ice programs. Further evolution of FBOs are required by law to follow in order to re- legislation that will discriminate against anyone showed that they are effective partners for deceive Federal dollars. come before the House floor. Have we forgot- livering special services, including literacy pro- Religious and civil rights groups support this ten what Title VII of the Civil Rights Act of grams, counseling, and healthcare services. effort, too, because they understand that dis- 1964 prohibits under religious discrimination: These programs proved to be a more effective crimination based on religion has no place in My history reflects working toward the Dream process to deliver vital programs to the needy. the Community Services Block Grant program. that Dr. Martin Luther King had that, ‘‘one day I have seen the positive results of faith-based These groups also know that Democrats this nation will rise up and live out the true initiatives first hand throughout the Denver support programs that help poverty-stricken in- meaning of its creed: ‘‘We hold these truths to metro area. Fine examples are childcare, sen- dividuals, whether those programs are oper- be self-evident: that all men are created ior services, and job placement training. ated by secular or religious organizations. equal.’’ My work history exemplifies working Some of my colleagues believe that faith- The Democratic amendment will preserve toward bringing all races together for employ- based organizations discriminate against em- Federal support to religious organizations pro- ment, education, and religious beliefs. I have ployees based on their faith. In 1972, a Demo- viding critical community services. It only worked with the U.S. Equal Employment Op- cratic-controlled Congress expanded the al- serves to strengthen those programs by hold- portunity Commission. I will also remind all of ready-existing 1964 Civil Rights Act Title VII ing them to the same standard of civil rights you that under Title VII of the Civil Rights Act exemptions for religious organizations, which in employment practices that all other organi- of 1964 for religious discrimination: allows religious organizations to consider po- zations must follow. Employers may not treat employees or ap- tential employees’ faith when making staffing Please join me in supporting this amend- plicants less—or more—favorably because of decisions. The United States Supreme Court, ment. their religious beliefs or practices. For exam- without a single dissenting vote, upheld this Mrs. JONES of Ohio. Mr. Chairman, I rise to ple, an employer may not refuse to hire indi- law. The Court reasoned that a law is not un- encourage my colleagues to extend unemploy- viduals of a certain religion, may not impose constitutional simply because it allows church- ment insurance benefits for 6 months in an ef- stricter promotion requirements for persons of es to advance religion, it must be evident that fort to prevent over 2 million workers from los- a certain religion, and may not impose more the Government itself has advanced religion ing benefits. With the ending of the Federal or different work requirements on an employee through its own activities and influence. Temporary Extended Unemployment Com- because of that employee’s religious beliefs or I fully support our constitutional separation pensation (TEUC) program, jobless workers practices. of church and state and remain convinced that whose regular, State-funded unemployment in- Employees cannot be forced to participate— adequate judicial protection exists to assure surance benefits run out before they can find or not participate—in a religious activity as a compliance. As a former member of a Chris- a job no longer qualify for any Federal unem- condition of employment. tian school board, I know first hand that faith- ployment aid. Employers must reasonably accommodate based organizations cannot be expected to Mr. Chairman, Congress rejected calls for a employees’ sincerely held religious beliefs or sustain their religious drive without the ability benefits extension before the December holi- practices unless doing so would impose an to employ individuals who share the tenets days, and job growth has since remained ane- undue hardship on the employer. A reason- and practices of their faith. This is simply be- mic. The previous unemployment insurance able religious accommodation is any adjust- cause it is that faith that motivates them to extension expired on December 20. Roughly ment to the work environment that will allow serve their neighbors in trouble. 375,000 people exhausted their benefits in the employee to practice his religion. When the objective is helping some of the January, the largest number in a single month Flexible scheduling, voluntary substitutions most distressed and needy in our commu- in 30 years, and these individuals are receiv- or swaps, job reassignments and lateral trans- nities, faith based groups have historically ing neither a paycheck nor unemployment fers and modifying workplace practices, poli- been the best providers. It would seem benefits. cies and/or procedures are examples of how

VerDate jul 14 2003 01:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\CR\FM\A04FE7.015 H04PT1 H344 CONGRESSIONAL RECORD — HOUSE February 4, 2004 an employer might accommodate an employ- Services Block Grant Act (42 U.S.C. 9920(c)) based programs are better than secular ee’s religious beliefs. is amended by adding at the end the fol- programs, but some secular programs An employer is not required to accommo- lowing: are better than faith-based programs. date an employee’s religious beliefs and prac- ‘‘If the religious organization offers such an To that end, on what basis are we tices if doing so would impose an undue hard- activity, it shall be voluntary for the indi- measuring the success of a program if viduals receiving services and offered sepa- it incorporates religion? Are we weigh- ship on the employers’ legitimate business in- rate from the program funded under sub- terests. An employer can show undue hard- section (a). A certificate shall be separately ing the Baptist approach to drug treat- ship if accommodating an employee’s religious signed by religious organizations, and filed ment against the Muslim approach? practices requires more than ordinary adminis- with the government agency that disburses This amendment answers the simple trative costs, diminishes efficiency in other the funds, certifying that the organization is question, Can you conduct a worship jobs, infringes on other employees’ job rights aware of and will comply with this sub- service in the middle of a federally or benefits, impairs workplace safety, causes section.’’. funded program with volunteers or coworkers to carry the accommodated em- Mr. SCOTT of Virginia. Mr. Chair- not? This amendment simply answers ployee’s share of potentially hazardous or bur- man, this is slightly different from the ‘‘no.’’ If you want to conduct a worship densome work, or if the proposed accommo- language in the substitute. It requires service, those activities must be vol- dation conflicts with another law or regulation. religious organizations to separate any untary and separate from the govern- Employers must permit employees to en- religious activities from CSBG activi- ment-funded program. On the other gage in religious expression if employees are ties to ensure that such programs meet hand, the House can reject this amend- permitted to engage in other personal expres- current constitutional standards. ment and require some program par- sion at work, unless the religious expression Several speakers from the other side ticipants to participate in sectarian would impose an undue hardship on the em- have mentioned that you should not be worship services as part of the govern- ployer. Therefore, an employer may not place able to proselytize during a government-funded program. more restrictions on religious expression than ment-funded program, and that is con- I hope we adopt the position taken by on other forms of expression that have a com- sistent with this amendment. the Committee on the Judiciary in parable effect on workplace efficiency. The language tracks language that H.R. 7 and agree to the amendment. It is also unlawful to retaliate against an in- was recommended by the Bush admin- Mr. BOEHNER. Mr. Chairman, I dividual for opposing employment practices istration’s Justice Department during move to strike the last word. that discriminate based on religion or for filing the 107th Congress’ consideration of Mr. Chairman, the Community Serv- a discrimination charge, testifying, or partici- President Bush’s faith-based legisla- ices Block Grant program has a proud pating in any way in an investigation, pro- tion in H.R. 7. It also tracks the H.R. 7 history of inclusion of faith-based orga- ceeding, or litigation under title VII. language that was reported by the nizations in the coordination of pov- It is vital that Congress authorizes additional House Committee on the Judiciary and erty reduction services, and we should funds under Community Services Block Grants passed by the full House. continue that tradition of inclusion to be used to pay for a 6-month extension of In his testimony to Congress, the and reject attempts to add new barriers unemployment benefits. Benefits paid under Bush administration Department of to faith-based organizations who are Community Services Block Grants that will be Justice argued, ‘‘Justice O’Connor re- already serving in this program. modeled after the Unemployment Insurance quires that no government funds be di- This amendment offered by my good program that expired for workers exhausting verted to ‘religious indoctrination,’ friend from Virginia (Mr. SCOTT) does regular unemployment benefits after the week thus religious organizations receiving two things. It adds new language that of December 20, 2003. direct funding will have to separate is duplicative and redundant to the Mr. Chairman, I ask my colleagues to join their social service programs from current program or the current oper- me and support the Democratic substitute, their sectarian practices.’’ ation of the CSBG program; and, second, it complicates the operation of the and vote to provide continued participation by b 1530 faith-based organizations in Community Serv- program by adding a new paperwork re- The current provisions in CSBG do ices Block Grant (CSBG) programs, but pro- quirement only for faith-based pro- not meet the current constitutional hibits religious discrimination with Federal viders, I might add, and requiring them standard required. funds. to certify to the funding agency that The CHAIRMAN pro tempore (Mr. Specifically, the current provision they are in compliance with the law. provides that only ‘‘no funds provided GILLMOR). The question is on the On the first issue, the amendment amendment in the nature of a sub- directly to a religious organization seeks to add language regarding the stitute offered by the gentlewoman shall be expended for sectarian wor- voluntariness of participation by bene- ship, instruction or proselytization.’’ from California (Ms. WOOLSEY). ficiaries in religious activities and the The question was taken; and the This language fails to address whether separation of these activities from the Chairman pro tempore announced that religious organizations can include a services under the program. Both of the noes appeared to have it. religious message in publicly funded these issues are duplicative and redun- Ms. WOOLSEY. Mr. Chairman, I de- services and also fails to answer the dant to the current requirements of the mand a recorded vote. question of whether volunteers can be program. The CHAIRMAN pro tempore. Pursu- used. Specifically, under section 1050.3(b) ant to clause 6 of rule XVIII, further Mr. Chairman, if we do not pass this of the Community Services Block proceedings on amendment No. 4 of- amendment, we are essentially cre- Grant regulations, the requirement is fered by the gentlewoman from Cali- ating a system where the Federal Gov- clear that direct funds under the pro- ernment officials will have to pick and gram may not be expended for inher- fornia (Ms. WOOLSEY) will be postponed. choose which religious organization ently religious activities such as wor- will get the benefit of using publicly ship, religious instruction, or proselyt- AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF funded programs to advance their reli- izing. The same section goes on to VIRGINIA gious views. Such a policy violates the state that if an organization conducts Mr. SCOTT of Virginia. Mr. Chair- Constitution and violates their reli- such activities, it must offer them sep- man, I offer an amendment. gious liberty to believe their own reli- arately in time or location from the The CHAIRMAN. The Clerk will des- gion and not be subjected to the views programs or services directly funded ignate the amendment. of others as a condition of receiving under any applicable program, and par- The text of the amendment is as fol- government-funded services. ticipation must be voluntary for pro- lows: In addition to failing to adopt these gram beneficiaries. Amendment No. 2 offered by Mr. SCOTT of safeguards, it raises a concern as to The second issue is purely a new pa- Virginia: how we measure the success of a faith- perwork requirement, again targeted Page 12, after line 22, insert the following (and make such technical and conforming based program. The administration has only at faith-based providers, and changes as may be appropriate): said that faith-based institutions are based on the unsubstantiated assump- (j) LIMITATION ON USE OF FUNDS; VOLUN- better and more successful, but com- tion that these organizations are some- TARINESS.—Section 679(c) of the Community mon sense will tell us that some faith- how violating the current requirements

VerDate jul 14 2003 01:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.033 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H345 of the law. This requirement seeks to hiring just people that belong to a The question was taken; and the erect new, unnecessary barriers to the church that happens to be all black or Chairman pro tempore announced that participation of faith-based providers all white or not. the noes appeared to have it. by requiring that they, and only they, We know that if we can discriminate RECORDED VOTE based on religion, we can discriminate certify to the funding agency that they Mr. SCOTT of Virginia. Mr. Chair- based on race. We know also, Mr. have read the law and will comply. man, I demand a recorded vote. Chairman, these are not gifts. They are Other program operators that are not A recorded vote was ordered. faith-based will not have this require- contracts to perform government serv- The CHAIRMAN pro tempore. Pursu- ment under the language offered by the ices. ant to clause 8 of rule XVIII, this 15- gentleman from Virginia (Mr. SCOTT). In 1941, President Roosevelt signed minute vote on Scott amendment No. 1 Unfortunately, its real purpose, I an executive order, no discrimination will be followed by two 5-minute votes think, is likely a bit more insidious. In in defense contracts. In 1965, Johnson in the following order: (1) Scott amend- adding this new requirement solely for expanded that to all contracts. That ment No. 2 and, (2) Woolsey amend- faith-based providers, it creates further has been a good policy; and if you can- ment No.4. barriers designed to limit the partici- not work with others, it is your prob- pation of faith-based providers and will lem. It is not their problem. Since 1965, Mr. SCOTT of Virginia. Mr. Chair- likely lead to a chilling effect for both that has been the law of the hand. man, I ask unanimous consent that the current and potential faith-based pro- Under the bill, it is the problem of first vote be the Woolsey vote and then viders. the person being discriminated against. my votes after that, because if the Should this amendment pass, we ex- Now we hear talk about rights. This is Woolsey amendment is adopted, my pect at least some of those groups the first time I have heard about the votes will not be necessary. would choose not to participate in the right of someone to discriminate. We The CHAIRMAN pro tempore. The Community Services Block Grant pro- usually talk about the right of some- gentleman’s request is not in order. gram. As we all know, the group most one to apply for a job and be free from The order of votes is within the discre- likely to suffer the consequences are discrimination based on employment, tion of the Chair and the Chair will fol- the most vulnerable in our society and but now we have to focus on the right low precedent in that the Committee those who need the help most and to discriminate. That is wrong to tell will vote on the perfecting amend- somebody that they are the best quali- those who the Community Services ments before the substitute. fied, that someone is the best qualified Block Grant program is designed to The order of the votes will be this for a federally funded job, but we do serve. Scott amendment. This is to be fol- not hire people of your religion. It is So I would suggest to my colleagues lowed by a 5-minute vote on the other wrong to tell someone if the faith- that we do not need this language. It Scott amendment, followed by a 5- based organization has won a new con- will drive faith-based providers away minute vote on the Woolsey amend- tract, it is wrong to tell the group of from the program, and the amendment ment. employees on the job that we will hire deserves to be defeated. The vote was taken by electronic de- everybody except people of a certain The CHAIRMAN pro tempore (Mr. vice, and there were—ayes 182, noes 231, religion. That is wrong. not voting 19, as follows: GILLMOR). The question is on the It is either right or wrong to dis- amendment offered by the gentleman criminate, Mr. Chairman. I hope my [Roll No. 15] from Virginia (Mr. SCOTT). colleagues will say it is wrong by AYES—182 The question was taken; and the adopting this amendment. Abercrombie Eshoo Lowey Chairman pro tempore announced that Mr. BOEHNER. Mr. Chairman, I Ackerman Etheridge Lynch the noes appeared to have it. move to strike the last word. Allen Evans Majette Mr. SCOTT of Virginia. Mr. Chair- Andrews Farr Maloney Mr. Chairman, our friend from Vir- Baca Fattah Markey man, I demand a recorded vote. ginia (Mr. SCOTT) offers the second Baird Filner Matheson The CHAIRMAN pro tempore. Pursu- amendment, which is very close to the Baldwin Ford Matsui ant to clause 6 of rule XVIII, further language that was contained in the Ballance Frank (MA) McCarthy (MO) proceedings on the amendment offered Becerra Frost McCarthy (NY) Woolsey substitute, striking the abil- Bell Gonzalez McCollum by the gentleman from Virginia (Mr. ity of faith-based providers from their Berkley Green (TX) McDermott SCOTT) will be postponed. protections under the 1964 Civil Rights Berman Grijalva McGovern AMENDMENT NO. 1 OFFERED BY MR. SCOTT OF Berry Harman McNulty Act. Bishop (GA) Hastings (FL) Meehan VIRGINIA The current law, which was signed by Bishop (NY) Hill Meek (FL) Mr. SCOTT of Virginia. Mr. Chair- President Clinton in 1998, makes clear Blumenauer Hinchey Meeks (NY) man, I offer an amendment. that when faith-based organizations Boswell Hinojosa Menendez The CHAIRMAN pro tempore. The participating in the Community Serv- Boucher Hoeffel Michaud Boyd Holden Miller (NC) Clerk will designate the amendment. ices Block Grant program take religion Brady (PA) Holt Miller, George The text of the amendment is as fol- into account in their hiring practices, Brown (OH) Honda Mollohan lows: they are not discriminating. That lan- Brown, Corrine Hooley (OR) Moore Capps Hoyer Moran (VA) Amendment No. 1 offered by Mr. SCOTT of guage is consistent with the protec- Capuano Inslee Murtha Virginia: tions provided to religious organiza- Cardin Israel Nadler Page 12, after line 22, insert the following tions under the 1964 Civil Rights Act. Carson (IN) Jackson (IL) Napolitano (and make such technical and conforming What the gentleman seeks to do is to Carson (OK) Jackson-Lee Neal (MA) changes as may be appropriate): take that protection away from those Case (TX) Oberstar (j) NONDISCRIMINATION.—Section 678F(c)(1) Clay Jefferson Obey of the Community Services Block Grant Act faith-based providers who would par- Clyburn John Olver (42 U.S.C. 9918(c)(1)) is amended by inserting ticipate in the Community Services Conyers Johnson, E. B. Owens Block Grant program. It has been the Costello Jones (OH) Pallone ‘‘religion,’’ after ‘‘color,’’. Crowley Kanjorski Pastor (k) EMPLOYMENT PRACTICES.—Section subject of debate for hours here on the Cummings Kaptur Payne 679(b) of the Community Services Block floor today; and to save all of us a lit- Davis (AL) Kennedy (RI) Pelosi Grant Act (42 U.S.C. 9920(b)) is amended by tle time and effort, the amendment Davis (CA) Kildee Peterson (MN) striking paragraph (3). Davis (FL) Kilpatrick Pomeroy would, in fact, have a chilling effect on Davis (IL) Kind Price (NC) Mr. SCOTT of Virginia. Mr. Chair- the willingness of faith-based providers DeFazio Kirk Rangel man, this amendment is simple. It is to participate in the Community Serv- Delahunt Kleczka Reyes the specific, straight up-and-down vote ices Block Grant program; and, there- DeLauro Lampson Rodriguez Deutsch Lantos Ross on the discrimination amendment fore, I believe it is a bad amendment Dingell Larsen (WA) Rothman without ducking and dodging. It asks and does not deserve our support. Doggett Larson (CT) Roybal-Allard the question whether you can take the The CHAIRMAN pro tempore. The Dooley (CA) Leach Ruppersberger Federal money and discriminate or question is on the amendment offered Doyle Lee Rush Edwards Levin Ryan (OH) not, either you can have a policy of by the gentleman from Virginia (Mr. Emanuel Lewis (GA) Sa´ nchez, Linda hiring no Catholics and Jews or not or SCOTT). Engel Lofgren T.

VerDate jul 14 2003 01:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.062 H04PT1 H346 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Sanchez, Loretta Spratt Van Hollen Millender- Pascrell Smith (WA) Harman Marshall Sa´ nchez, Linda Sanders Stark Vela´ zquez McDonald Rahall Watson Hastings (FL) Matheson T. Sandlin Strickland Visclosky Ortiz Sabo Hill Matsui Sanchez, Loretta Schakowsky Stupak Waters Hinchey McCarthy (MO) Sanders ANNOUNCEMENT BY THE CHAIRMAN PRO Schiff Tanner Watt Hinojosa McCarthy (NY) Sandlin Scott (GA) Tauscher Waxman TEMPORE Hoeffel McCollum Schakowsky Scott (VA) Thompson (CA) Weiner The CHAIRMAN pro tempore (Mr. Holden McDermott Schiff Serrano Thompson (MS) Wexler Holt McGovern Scott (GA) Shays Tierney GILLMOR) (during the vote). Members Woolsey Honda McNulty Scott (VA) Sherman Towns are advised 2 minutes remain in this Hooley (OR) Serrano Wu Meehan Slaughter Turner (TX) Hoyer Shays Wynn vote. Meek (FL) Snyder Udall (CO) Inslee Meeks (NY) Sherman Solis Udall (NM) Israel Skelton b 1609 Menendez Jackson (IL) Michaud Slaughter NOES—231 Messrs. WILSON of South Carolina, Jackson-Lee Miller (NC) Snyder Aderholt Gerlach Ose TOM DAVIS of Virginia, PEARCE, (TX) Miller, George Solis Akin Gibbons Otter Jefferson Moore Spratt BRADLEY of New Hampshire, John Stark Alexander Gilchrest Oxley Moran (VA) Johnson, E. B. Stenholm Bachus Gillmor Paul TANCREDO, FOSSELLA, RYAN of Murtha Jones (OH) Strickland Baker Gingrey Pearce Wisconsin, CRAMER and Ms. HARRIS Nadler Kanjorski Stupak Ballenger Goode Pence Napolitano changed their vote from ‘‘aye’’ to ‘‘no.’’ Kaptur Tanner Barrett (SC) Goodlatte Peterson (PA) Neal (MA) Bartlett (MD) Gordon Petri Mr. MORAN of Virginia and Mr. Kennedy (RI) Tauscher Kildee Oberstar Thompson (CA) Barton (TX) Goss Pickering KIRK changed their vote from ‘‘no’’ to Obey Bass Granger Pitts Kilpatrick Thompson (MS) ‘‘aye.’’ Kind Olver Tierney Beauprez Graves Platts Owens Bereuter Green (WI) Pombo So the amendment was rejected. Kleczka Towns The result of the vote was announced Lampson Pallone Turner (TX) Biggert Greenwood Porter Pastor Bilirakis Gutknecht Portman Lantos Udall (CO) as above recorded. Payne Bishop (UT) Hall Pryce (OH) Larsen (WA) Udall (NM) Pelosi Blackburn Harris Putnam SEQUENTIAL VOTES POSTPONED IN COMMITTEE Larson (CT) Van Hollen Pomeroy Blunt Hart Quinn OF THE WHOLE Leach Vela´ zquez Price (NC) Boehlert Hastings (WA) Radanovich The CHAIRMAN pro tempore. Pursu- Lee Visclosky Levin Rangel Waters Boehner Hayes Ramstad ant to clause 6 of rule XVIII, pro- Bonilla Hayworth Regula Lewis (GA) Reyes Watt Bonner Hefley Rehberg ceedings will now resume on those Lofgren Rodriguez Waxman Bono Hensarling Renzi amendments on which further pro- Lowey Rothman Weiner Roybal-Allard Boozman Herger Reynolds ceedings were postponed, in the fol- Lynch Wexler Bradley (NH) Hobson Rogers (AL) Majette Ruppersberger Woolsey Brady (TX) Hoekstra Rogers (KY) lowing order: amendment No. 2 as Maloney Rush Wu Brown (SC) Hostettler Rogers (MI) printed in the RECORD by the gen- Markey Ryan (OH) Wynn Burgess Houghton Rohrabacher tleman from Virginia (Mr. SCOTT) and NOES—233 Burns Hulshof Ros-Lehtinen amendment No. 4 offered by the gentle- Burr Hyde Royce woman from California (Ms. WOOLSEY). Aderholt DeLay Johnson (IL) Burton (IN) Isakson Ryan (WI) Akin DeMint Johnson, Sam Buyer Issa Ryun (KS) The remaining electronic votes will Bachus Diaz-Balart, L. Jones (NC) Calvert Istook Saxton be conducted as 5-minute votes. Baird Diaz-Balart, M. Keller Camp Jenkins Schrock Baker Doolittle Kelly AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF Cannon Johnson (CT) Sensenbrenner Ballenger Dreier Kennedy (MN) Cantor Johnson (IL) Sessions VIRGINIA Barrett (SC) Duncan King (IA) Capito Johnson, Sam Shadegg The CHAIRMAN pro tempore. The Bartlett (MD) Dunn King (NY) Cardoza Jones (NC) Shaw pending business is the demand for a Barton (TX) Ehlers Kingston Carter Keller Sherwood Bass Emerson Kirk Castle Kelly Shimkus recorded vote on amendment No. 2 of- Beauprez English Kline Chabot Kennedy (MN) Shuster fered by the gentleman from Virginia Bereuter Everett Knollenberg Chocola King (IA) Simmons (Mr. SCOTT) on which further pro- Berry Feeney Kolbe Coble King (NY) Simpson ceedings were postponed and on which Biggert Ferguson LaHood Cole Kingston Skelton Bilirakis Flake Latham Collins Kline Smith (MI) the noes prevailed by voice vote. Bishop (UT) Foley LaTourette Cooper Knollenberg Smith (NJ) The Clerk will redesignate the Blackburn Forbes Lewis (CA) Cox Kolbe Smith (TX) amendment. Blunt Fossella Lewis (KY) Cramer LaHood Souder Boehlert Franks (AZ) Lipinski Crane Latham Stearns The Clerk redesignated the amend- Boehner Frelinghuysen LoBiondo Crenshaw LaTourette Stenholm ment. Bonilla Gallegly Lucas (KY) Cubin Lewis (CA) Sullivan RECORDED VOTE Bonner Garrett (NJ) Manzullo Cunningham Lewis (KY) Sweeney Bono Gerlach McCotter Davis (TN) Lipinski Tancredo The CHAIRMAN pro tempore. A re- Boozman Gibbons McHugh Davis, Jo Ann LoBiondo Tauzin corded vote has been demanded. Boyd Gilchrest McInnis Davis, Tom Lucas (KY) Taylor (MS) A recorded vote was ordered. Bradley (NH) Gillmor McIntyre Deal (GA) Manzullo Taylor (NC) Brady (TX) Gingrey McKeon DeLay Marshall Terry The CHAIRMAN pro tempore. This Brown (SC) Goode Mica DeMint McCotter Thomas will be a 5-minute vote. Burgess Goodlatte Miller (FL) Diaz-Balart, L. McHugh Thornberry The vote was taken by electronic de- Burns Gordon Miller (MI) Diaz-Balart, M. McInnis Tiahrt vice, and there were—ayes 180, noes 233, Burr Goss Miller, Gary Doolittle McIntyre Tiberi Burton (IN) Granger Mollohan Dreier McKeon Toomey not voting 19, as follows: Buyer Graves Moran (KS) Duncan Mica Turner (OH) [Roll No. 16] Calvert Green (WI) Murphy Dunn Miller (FL) Upton Camp Greenwood Musgrave Ehlers Miller (MI) Vitter AYES—180 Cannon Gutknecht Myrick Emerson Miller, Gary Walden (OR) Abercrombie Capps Deutsch Cantor Hall Nethercutt English Moran (KS) Walsh Ackerman Capuano Dingell Capito Harris Neugebauer Everett Murphy Wamp Alexander Cardin Doggett Carter Hart Ney Feeney Musgrave Weldon (FL) Allen Cardoza Dooley (CA) Castle Hastings (WA) Northup Ferguson Myrick Weldon (PA) Andrews Carson (IN) Doyle Chabot Hayes Norwood Flake Nethercutt Weller Baca Carson (OK) Edwards Chocola Hayworth Nunes Foley Neugebauer Whitfield Baldwin Case Emanuel Coble Hefley Nussle Forbes Ney Wicker Ballance Clay Engel Cole Hensarling Osborne Fossella Northup Wilson (NM) Becerra Clyburn Eshoo Collins Herger Ose Franks (AZ) Norwood Wilson (SC) Bell Conyers Etheridge Cooper Hobson Otter Frelinghuysen Nunes Wolf Berkley Costello Evans Cox Hoekstra Oxley Gallegly Nussle Young (AK) Berman Crowley Farr Cramer Hostettler Paul Garrett (NJ) Osborne Young (FL) Bishop (GA) Cummings Fattah Crane Houghton Pearce Bishop (NY) Davis (AL) Filner Crenshaw Hulshof Pence NOT VOTING—19 Blumenauer Davis (CA) Ford Cubin Hyde Peterson (MN) Brown-Waite, Gephardt Langevin Boswell Davis (FL) Frank (MA) Cunningham Isakson Peterson (PA) Ginny Gutierrez Linder Boucher Davis (IL) Frost Davis (TN) Issa Petri Culberson Lucas (OK) Brady (PA) DeFazio Gonzalez Davis, Jo Ann Istook Pickering DeGette Hunter McCrery Brown (OH) Delahunt Green (TX) Davis, Tom Jenkins Pitts Dicks Kucinich Brown, Corrine DeLauro Grijalva Deal (GA) Johnson (CT) Platts

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.028 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H347 Pombo Schrock Thomas DeFazio Kirk Reyes Murphy Regula Sullivan Porter Sensenbrenner Thornberry Delahunt Kleczka Rodriguez Musgrave Rehberg Sweeney Portman Sessions Tiahrt DeLauro Lampson Ross Myrick Renzi Tancredo Pryce (OH) Shadegg Tiberi Deutsch Lantos Rothman Nethercutt Reynolds Tauzin Putnam Shaw Toomey Dingell Larsen (WA) Roybal-Allard Neugebauer Rogers (AL) Taylor (MS) Quinn Sherwood Turner (OH) Doggett Larson (CT) Ruppersberger Ney Rogers (KY) Taylor (NC) Radanovich Shimkus Upton Dooley (CA) Leach Rush Northup Rogers (MI) Terry Ramstad Shuster Vitter Doyle Lee Ryan (OH) Norwood Rohrabacher Thomas Regula Simmons Nunes Ros-Lehtinen Walden (OR) Edwards Levin Sabo Thornberry Rehberg Simpson Emanuel Lewis (GA) Nussle Royce Walsh Sa´ nchez, Linda Tiahrt Renzi Smith (MI) Engel Lofgren Osborne Ryan (WI) Wamp T. Tiberi Reynolds Smith (NJ) Eshoo Lowey Ose Ryun (KS) Weldon (FL) Sanchez, Loretta Toomey Rogers (AL) Smith (TX) Etheridge Lynch Sanders Otter Saxton Rogers (KY) Souder Weldon (PA) Evans Majette Oxley Schrock Turner (OH) Weller Sandlin Upton Rogers (MI) Stearns Farr Maloney Schakowsky Paul Sensenbrenner Whitfield Vitter Rohrabacher Sullivan Fattah Markey Schiff Pearce Sessions Ros-Lehtinen Sweeney Wicker Walden (OR) Filner Matheson Scott (GA) Pence Shadegg Ross Tancredo Wilson (NM) Peterson (PA) Shaw Walsh Ford Matsui Scott (VA) Royce Tauzin Wilson (SC) Frank (MA) McCarthy (MO) Petri Sherwood Wamp Serrano Ryan (WI) Taylor (MS) Wolf Frost McCarthy (NY) Pickering Shimkus Weldon (FL) Shays Ryun (KS) Taylor (NC) Young (AK) Gonzalez McCollum Pitts Shuster Weldon (PA) Sherman Saxton Terry Young (FL) Green (TX) McDermott Platts Simmons Slaughter Weller Grijalva McGovern Pombo Simpson Snyder Whitfield NOT VOTING—19 Harman McNulty Porter Skelton Solis Wicker Brown-Waite, Kucinich Pascrell Hastings (FL) Meehan Portman Smith (MI) Spratt Wilson (NM) Ginny Langevin Rahall Hill Meek (FL) Pryce (OH) Smith (NJ) Wilson (SC) Stark Putnam Culberson Linder Sabo Hinchey Meeks (NY) Smith (TX) Wolf Hinojosa Menendez Strickland Quinn Souder DeGette Lucas (OK) Smith (WA) Young (AK) Hoeffel Michaud Stupak Radanovich Stearns Dicks McCrery Watson Young (FL) Gephardt Millender- Holden Miller (NC) Tanner Ramstad Stenholm Gutierrez McDonald Holt Miller, George Tauscher Hunter Ortiz Honda Moore Thompson (CA) NOT VOTING—17 Hooley (OR) Moran (VA) Thompson (MS) Brown-Waite, Kucinich Ortiz ANNOUNCEMENT BY THE CHAIRMAN PRO Hoyer Murtha Tierney Ginny Langevin Pascrell TEMPORE Inslee Nadler Towns Culberson Linder Rahall Turner (TX) Israel Napolitano DeGette Lucas (OK) Smith (WA) The CHAIRMAN pro tempore (during Udall (CO) Jackson (IL) Neal (MA) Dicks McCrery Watson the vote). Members are advised 2 min- Jackson-Lee Oberstar Udall (NM) Gephardt Millender- utes remain in this vote. (TX) Obey Van Hollen Gutierrez McDonald Jefferson Olver Vela´ zquez b 1619 John Owens Visclosky ANNOUNCEMENT BY THE CHAIRMAN PRO Johnson, E. B. Pallone Waters TEMPORE Mr. BARTON of Texas changed his Jones (OH) Pastor Watt The CHAIRMAN pro tempore (during vote from ‘‘aye’’ to ‘‘no.’’ Kanjorski Payne Waxman Kaptur Pelosi Weiner the vote). Members are advised that Mr. SHAYS changed his vote from Kennedy (RI) Peterson (MN) Wexler there are 2 minutes remaining in this ‘‘no’’ to ‘‘aye.’’ Kildee Pomeroy Woolsey vote. So the amendment was rejected. Kilpatrick Price (NC) Wu The result of the vote was announced Kind Rangel Wynn b 1627 as above recorded. NOES—232 So the amendment was rejected. AMENDMENT NO. 4 IN THE NATURE OF A Aderholt Cubin Hefley The result of the vote was announced SUBSTITUTE OFFERED BY MS. WOOLSEY Akin Cunningham Hensarling as above recorded. The CHAIRMAN pro tempore (Mr. Bachus Davis (TN) Herger AMENDMENT NO. 5 OFFERED BY MR. GEORGE Baker Davis, Jo Ann Hobson GILLMOR). The pending business is the MILLER OF CALIFORNIA Ballenger Davis, Tom Hoekstra demand for a recorded vote on the Barrett (SC) Deal (GA) Hostettler Mr. GEORGE MILLER of California. amendment in the nature of a sub- Bartlett (MD) DeLay Houghton Mr. Chairman, I offer an amendment. stitute offered by the gentlewoman Barton (TX) DeMint Hulshof The CHAIRMAN pro tempore. The Bass Diaz-Balart, L. Hunter from California (Ms. WOOLSEY) on Beauprez Diaz-Balart, M. Hyde Clerk will designate the amendment. which further proceedings were post- Bereuter Doolittle Isakson The text of the amendment is as fol- poned and on which the noes prevailed Biggert Dreier Issa lows: by voice vote. Bilirakis Duncan Istook Bishop (UT) Dunn Jenkins Amendment No. 5 offered by Mr. GEORGE The Clerk will redesignate the Blackburn Ehlers Johnson (CT) MILLER of California: amendment in the nature of a sub- Blunt Emerson Johnson (IL) Page 5, strike lines 20 and 21, and insert stitute. Boehlert English Johnson, Sam the following: The Clerk redesignated the amend- Boehner Everett Jones (NC) (1) in subsection (a)— Bonilla Feeney Keller (A) by striking ‘‘1999 through 2003’’ and in- ment in the nature of a substitute. Bonner Ferguson Kelly serting ‘‘2004 through 2009’’; and RECORDED VOTE Bono Flake Kennedy (MN) Boozman Foley King (IA) (B) by striking ‘‘681’’ and inserting The CHAIRMAN pro tempore. A re- Bradley (NH) Forbes King (NY) ‘‘675C(b)(3), 681,’’; corded vote has been demanded. Brady (TX) Fossella Kingston Page 6, line 2, strike ‘‘and’’ at the end. A recorded vote was ordered. Brown (SC) Franks (AZ) Kline Page 6, line 8, strike the period at the end The CHAIRMAN pro tempore. This Burgess Frelinghuysen Knollenberg and insert ‘‘; and’’. Burns Gallegly Kolbe Page 6, after line 8, insert the following: will be a 5-minute vote. Burr Garrett (NJ) LaHood (C) by adding at the end the following: The vote was taken by electronic de- Burton (IN) Gerlach Latham ‘‘(c) ASSISTANCE RELATING TO UNEMPLOY- vice, and there were—ayes 183, noes 232, Buyer Gibbons LaTourette Calvert Gilchrest Lewis (CA) MENT.—There are authorized to be appro- not voting 17, as follows: Camp Gillmor Lewis (KY) priated such sums as may be necessary for [Roll No. 17] Cannon Gingrey Lipinski fiscal year 2004 to carry out section Cantor Goode LoBiondo AYES—183 675C(b)(3).’’. Capito Goodlatte Lucas (KY) Page 6, strike lines 9 through 14, and insert Abercrombie Berry Carson (IN) Cardoza Gordon Manzullo Ackerman Bishop (GA) Carson (OK) Carter Goss Marshall the following: Alexander Bishop (NY) Case Castle Granger McCotter (d) USES OF FUNDS.—Section 675C of the Allen Blumenauer Clay Chabot Graves McHugh Community Services Block Grant Act (42 Andrews Boswell Clyburn Chocola Green (WI) McInnis U.S.C. 9907) is amended— Baca Boucher Conyers Coble Greenwood McIntyre (1) in subsection (a)(3)(A) by striking ‘‘Be- Baird Boyd Costello Cole Gutknecht McKeon ginning on October 1, 2000, a’’ and inserting Baldwin Brady (PA) Crowley Collins Hall Mica ‘‘A’’; and Ballance Brown (OH) Cummings Cooper Harris Miller (FL) Becerra Brown, Corrine Davis (AL) Cox Hart Miller (MI) (2) in subsection (b)— Bell Capps Davis (CA) Cramer Hastings (WA) Miller, Gary (A) in paragraph (1)(F) by striking ‘‘neigh- Berkley Capuano Davis (FL) Crane Hayes Mollohan borhood-based’’ and inserting ‘‘community- Berman Cardin Davis (IL) Crenshaw Hayworth Moran (KS) based’’; and

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.029 H04PT1 H348 CONGRESSIONAL RECORD — HOUSE February 4, 2004 (B) by adding at the end the following: They want a job. They would trade help them and their families and their ‘‘(3) ASSISTANCE RELATING TO UNEMPLOY- their unemployment check in a minute children until they find a job; or the MENT.—With the amount appropriated under for a job. But the jobs are not avail- 51,000 people in Georgia or the 314,000 section 674(c), the Secretary shall make able. people in the State of California that grants to States to provide financial and employment support to individuals who cannot b 1630 this government will help them until they can find employment. find employment, who have exhausted their They were told at the beginning of State unemployment benefits, and who, after Compassionate conservatism? Sounds the week of December 20, 2003, can no longer this Congress by this administration pretty good to me. Where is the com- receive Federal extended temporary unem- with their economic program, with passion? These are breadwinners. These ployment compensation. The eligibility cri- their budget priorities that they were are providers for families. Where is it teria and benefit amounts under this para- going to create 1.8 million jobs. Well, that we cannot help them? graph for such individuals shall be the same here we are, folks, a year later, and There is $17 billion in the Unemploy- as for such individuals prior to December 20, they are 1.6 million jobs short. They ment Trust Fund that was put there by 2003, under the Federal extended temporary just did not hit the target. But what the work and the sweat and the toil of unemployment compensation program.’’; and they did hit was the misery and the (3) in subsection (c)(1) by inserting ‘‘para- America’s workers, and what we are graphs (1) and (2) of’’ after ‘‘under’’. trauma among the unemployed in this asking you today is to authorize that Mr. GEORGE MILLER of California. country. those funds be released for the next 6 Mr. Chairman, this amendment author- In the past, we have recognized when months so that these people can have izes an additional 6 months of urgently jobs are not available, as the economy an opportunity to hold on to their needed extended unemployment com- bottoms out, as it starts to turn up, we house, to hold on to their health care, pensation benefits through the Com- have extended the unemployment bene- to hold on to their children, because munity Services Block Grant program. fits to get those people to a job. These that is what happens when you lose all Last week, the shocking neglect of people have been looking for work for 6 of your financial support: you start to the unemployed by this administration months. But this administration will lose your family, you start to see di- became all too apparent. The tag-team not do it. This administration will not vorce is a possibility, you start to lose termination of extended unemploy- do it. your mortgage, you start to lose your ment benefits by the Republican lead- This administration makes this part car, and you have got to start all over ership and the Bush administration has of the attack on middle-class America, again and you are 50 years old. left a staggering, record-breaking middle-class working people who have That is an America of compassionate 375,000 unemployed individuals who lost their jobs. They take away their conservatism? That is the America of have been out of work over a half a unemployment benefits. Middle-class Bush compassionate conservatism? No, year and still cannot find work. By America, that relies on overtime to that is a very mean-spirited America. July, over 2 million unemployed work- meet their annual support for their But you have an opportunity to turn ers will be left to fend for themselves, families, to provide their cars, to buy that around today. You have an oppor- with no paycheck and no unemploy- their houses, they want to engineer the tunity to turn it around immediately. ment assistance. Two million Ameri- taking away of their overtime. Middle- Pass this amendment and ask for a cans who were working before this re- class America that needs a pension, supplemental to take those hard- cession, 2 million Americans who were they want to take away their pension earned worker funds that are in the working before the tech bubble burst, 2 in the cash balance program. trust fund, that are there for their ben- million Americans who were working What is it that middle-class America efit, for exactly this purpose in this before the corporate scandals in this did that so angered the Republican economic emergency and help those Nation, who were supporting their fam- Party, that so angered this President, 375,000 people that this administration ilies and themselves, cannot find work that he cannot understand and have pushed off the employment cliff and and this government will not help compassion over what these families the economic cliff in this country last them because this administration does are going through when they are unem- month. not see it as a priority. In no other ployed? What is it that the middle Mr. BOEHNER. Mr. Chairman, I rise month on record and in no other 6- class did that does not allow this Presi- in opposition to the amendment. month period for which data is avail- dent to understand what it means when Mr. Chairman, I really do not know able have so many unemployed workers they close down the factory in your where to begin. I have been around the exhausted their regular unemployment hometown, when they out-source your political arena for the better part of 20 benefits without being able to receive job to India, to China, to Singapore? years, and I have seen every political additional aid. Your job just disappeared. stunt that I think there is; but I have At a time when we see that this ad- The answer from this administration never seen a more cynical attempt to ministration is willing to lavish bil- and this Congress, this Republican exploit American unemployed workers lions of dollars on special perks for the Congress, is, tough; it is tough. These for political gain. pharmaceutical companies and HMOs are hard-working people. They were Now, let us talk about the facts that but nothing for an unemployed family, working the day before they were un- are contained in the gentleman’s at a time when we see us borrowing employed. They have a work history. amendment. The gentleman’s amend- money to rebuild Iraq and provide sole- They have a history of supporting their ment would create a new program source contracts that are now over- families, of supporting themselves, of within the Community Services Block charging us millions of dollars for the trying to hold on to a standard of liv- Grant program. This is nothing more care and feeding of our soldiers, no ing. than an authorization. It has no money money for the unemployed. At a time The CHAIRMAN pro tempore (Mr. attached to it. The Community Serv- when this administration comes to us LAHOOD). The time of the gentleman ices Block Grant program helps poor and tells us we should borrow to go to from California (Mr. GEORGE MILLER) people in all of our communities across Mars, nothing for the unemployed. We has expired. the country. They have no capability should borrow to rebuild Iraq, nothing (By unanimous consent, Mr. GEORGE to pay out unemployment benefits. So for the unemployed. Time and again, MILLER of California was allowed to we have only here an authorization for we have made decisions in this Con- proceed for 2 additional minutes.) a program that cannot deliver the gress and in this administration that Mr. GEORGE MILLER of California. funds. And if they were to deliver, it do not include the ordinary, hard- Mr. Chairman, we have a remedy would take years to implement such a working American families who have today. You vote for this amendment, system. Yet there is no money that has fallen on hard times through no fault and we can tell the 61,000 people from been appropriated to actually pay of their own. Their jobs have been North Carolina who are expected to these. outsourced, their jobs have been sent lose their jobs over the next 6 months Now, these are the kinds of political overseas, their jobs have been elimi- that we will help them and their fami- stunts that occur in the middle of even nated. It is not because they are not lies until they find a job. You can tell numbered years divisible by four. But struggling. These people want a job. the 66,000 people in Florida that we will to exploit American workers here in

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.036 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H349 the House of Representatives is wrong, ance compensation, leaving them and employment and find real, rewarding and the gentleman fully well knows their families without a paycheck or jobs. that unemployed workers will wait benefits. Expounding on my friend from Cali- years to get their extended unemploy- Mr. Chairman, I rise in strong sup- fornia’s statement, who asked where ment benefits under the language that port of the Miller amendment. Before was the compassion when jobs are lost, is being offered here today. Christmas 2003, this Congress ad- a couple of points. Mr. Chairman, I might add that last journed without providing any relief Mr. Chairman, just up in the Sub- March this Congress provided $8 billion for the more than 2 million workers committee on Forests and Forest additional to the States for the exten- whose unemployment benefits have or Health, we heard from union members, sion of unemployment benefits, $8 bil- will soon expire. we heard from some of my fellow Arizo- lion. As of January of this year, the In my home State of Texas, during nans who were in attendance, we heard States were sitting on $5.4 billion of the next 6 months, over 125,000 workers from others across the West and across that money. The States were sitting on will lose these critical benefits and this country about jobs that have been it. Thus, if you look at nearly 2 years have no means by which to support lost because some in Washington since Congress provided this $8 billion their families. The number of unem- thought it was more important to in Federal funds, States have spent less ployed Texans expected to exhaust move away from a policy of balance than half of this to assist unemployed their regular benefits without being when it comes to resource-based indus- workers. A total of 45 States still have able to receive further assistance will tries, and to support in another branch some of their share of the original $8 be the second highest on record for the of government court cases that actu- billion. 31 States, 31 States still have months of January through June 2004. ally shut down the ability of people over 90 percent of the money that Con- These workers do not want govern- across this country to utilize the re- gress allocated to them still in their ment handouts. They simply want a newable resource of timber and, sadly, accounts today. job. But since there are 2.4 million that resulted in catastrophic fire, not Now, what we ought to be doing is fewer jobs to be had because of the only in my State, but in the gentle- encouraging the States to take care of failed economic policies of my col- man’s home State of California. those who have extended unemploy- leagues on the other side of the aisle, I do not believe it is compassionate ment problems. But my colleagues the least we can do is provide these to get rid of those jobs. I am sorry my know and all the Members ought to workers some financial assistance to friend was not in attendance at that know that this is not the way to do it tide them over until the promised job particular meeting. I am sorry many of and that this is nothing more than a growth occurs. my friends on the minority side were hollow, empty promise, exploiting American workers deserve the secu- not in attendance at that particular American workers for political gain; rity of knowing that these important encounter, because we continue to talk and I do not think this Congress is wor- unemployment benefits will be avail- about restoring jobs and positive poli- thy of that kind of gamesmanship. able to them and their families cies. We as a House ought to stand up and through the rest of this year. I urge my But we do have a fundamental dif- say no. If we want to have a debate colleagues to do the right thing and ference, Mr. Chairman. And to my about extending unemployment bene- support the Miller amendment. friends who measure compassion by the fits and to help those who are in need Mr. HAYWORTH. Mr. Chairman, I continuation of benefits on unemploy- and looking for a job, then let us have move to strike the last word. ment rather than taking actions to that debate. But this is not the place Mr. Chairman, I rise in opposition to create new jobs, well, I think we under- to do it, and the gentleman knows this this amendment. I appreciate the com- stand how they are going to vote on is not the place to do it. ments of my friend from Ohio who pre- this amendment, although for the Mr. GEORGE MILLER of California. ceded me. record I would point out this does not Mr. Chairman, will the gentleman Mr. Chairman, just to inform my really improve the unemployment ben- yield? friends on the left, if they want to ask efits. It sets up a further administra- Mr. BOEHNER. I yield to the gen- about the number of unemployed in the tive program, a new grant program, I tleman from California. State of Arizona, and am I aware of it, guess more make-work-for-Washington Mr. GEORGE MILLER of California. you bet I am. I also should point out bureaucrats, without the money nec- When would we have that debate? for the record that our Democratic essary, and, by the way, with over $5.4 When is that bill coming to the floor? Governor in Arizona vetoed last year billion still sitting there in the unem- Why did it not come to the floor just an unemployment bill to put to use ployment program that the 50 States before we went home for Christmas? some of the $8 billion in extended un- have not utilized. But I suppose if we Why did it not come to the floor before employment benefits available to Ari- want to grow government, this would these people fell off the edge? zona and the other 49 States. I would be the action to take. Mr. BOEHNER. Mr. Chairman, re- remind this House, to amplify what my claiming my time, over the course of colleague from Ohio pointed out, as of b 1645 this debate I am sure that my col- last month, more than $5.4 billion in So, Mr. Chairman, spare us the false leagues from the Committee on Ways unemployment benefits still remains compassion, spare us the false compas- and Means that have jurisdiction over available. sion of preening and posturing and cre- the extension of the unemployment Mr. Chairman, I was surprised that ating a new grant program, and finding benefits and the unemployment pro- our Governor chose to veto that bill, some thin sliver of germaneness, when gram will be here to handle that de- supported by labor and by business to the real issue here is the fact that we bate. But to hold up the Community deal with economic needs in the State have seen in the last year the biggest Services Block Grant program, a proof Arizona. So I am well aware of what December drop in long-term unemploy- gram that helps the community action is happening in my home State. ment in U.S. history: 146,000 going from agencies in all of our communities, I am well aware too in this House of the rolls of long-term unemployment helps them with their assistance to the another division. My friend from Cali- to jobs. That is the real way we get poorest of the poor, to hold it up over fornia asked where was the compas- this done. this kind of a political stunt, I think, sion. Mr. Chairman, this points out a Mr. Chairman, I would say to my col- is regrettable. It does not deserve the fundamental difference. If you measure leagues, reject this amendment, sup- support of our colleagues. compassion by the number of people port true compassion, which is putting Mr. HINOJOSA. Mr. Chairman, I rise who stay on unemployment, I think people to work with real jobs. in support of the amendment. that is a curious standard, because Mr. Mr. BLUMENAUER. Mr. Chairman, I Mr. Chairman, I wonder if the gen- Chairman, compassion is not measured move to strike the requisite number of tleman who just spoke from the State by the number of people who remain on words. of Ohio knows that an estimated 57,000 unemployment and collect those Mr. Chairman, I appreciate that my residents in his State are likely to ex- checks. True compassion is measured good friend from Arizona is concerned haust their State unemployment insur- by the number of people who leave un- about those 23,000 residents of Arizona

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.076 H04PT1 H350 CONGRESSIONAL RECORD — HOUSE February 4, 2004 who are likely to exhaust their State ingfully with creation of job opportuni- like Arizona, Connecticut, Florida, unemployment compensation. But I am ties like transportation and infrastruc- Georgia, Iowa, Kentucky, Louisiana, a little, I am a little concerned that ture. We ought to move forward, not Maryland, Maine, New Jersey, Ohio, what we are having here today is a de- having the rhetoric of the President Oregon, Pennsylvania, South Carolina, bate that sort of misses the funda- that he is concerned about job training Tennessee, Washington, and West Vir- mental point. and offer a few million dollars, and ginia have more than 90 percent of I do not think the gentleman from then have a budget that cuts job train- their money left. Just for the record, California (Mr. MILLER) would have ing even more. Today, in the Com- California has 88 percent of our money chosen this vehicle and this approach if mittee on International Relations, we left, or some $800 million. we were actually able, on the floor of had a hearing that dealt with the prob- Mr. Chairman, this Congress has pro- the House, to have an honest debate on lems with people with the L–1 visas vided generous assistance for the un- the simple act of extending the unem- that are coming in and taking jobs of employed. In fact, we have provided ex- ployment. We tried to do that repeat- Americans and, in fact, having the intended benefits at unemployment rates edly before the holidays, but the House dignity of Americans training their re- well below the unemployment rate does not operate that way anymore. We placement from overseas in an abuse of when the Democrats ended a similar do not permit a bipartisan effort to that program. extended benefits program in the 1990s. come forward with major public policy I think we can stop the hypocrisy. We have provided States record flexible issues that actually have broad bipar- We can move forward with simple, funds to help the unemployed. I sup- tisan support on both sides of the aisle. commonsense things that are suppose the fact that States still have bil- That was never permitted to come for- ported by the American people that, if lions of that money left is lost on the ward. we were allowed to legislate, would get other side. I appreciate the gentleman from bipartisan support. We ought to start Mr. Chairman, let us reject this California’s creativity at least in with the Miller amendment today. amendment. bringing forward an opportunity to Hopefully, that will be a signal that we Mr. ANDREWS. Mr. Chairman, I spotlight the needs of these Americans ought to stop the games. We ought to move to strike the requisite number of who, with all due respect to my friend do it in a forthright fashion, and then words. from Arizona, I do not think we en- follow up with transportation invest- (Mr. ANDREWS asked and was given courage them by starving them off the ments, follow up with meaningful tax permission to revise and extend his re- rolls, by arbitrarily limiting it. I do reform like the alternative minimum marks.) not think that is compassion. tax that would take care of middle- Mr. ANDREWS. Mr. Chairman, I I come from a State that has had se- class Americans, and do it in a system would like to thank my friend, the gen- rious unemployment problems. We that I think men and women on this tleman from California (Mr. MILLER) have been at the top 3 for most of the floor would like to do. for bringing this amendment to the last 2 years; an uncomfortable portion I sincerely hope that this vote in floor. of those 2 years at number one in the favor of the amendment today will be a Mr. Chairman, for most of the day in country. It is not that we have not signal to our friends in the Republican this debate we have been debating the been creative in terms of moving peo- leadership to allow us to debate in a bi- so-called faith-based initiative in this ple off welfare. We were doing it far be- partisan way solving problems, extend underlying grant program. It occurs to fore the Federal Government was doing unemployment, invest in America’s fu- me that the Bush administration and it over the course of the last 5 or 6 ture, and meaningful tax reform that the majority’s unemployment relief years. We are proud of that effort. We will make a difference for American program is a faith-based initiative. are proud of efforts at job retraining. families. What they are saying to the unem- The simple fact is, this is a serious Mr. HERGER. Mr. Chairman, I move ployed workers of this country is, patch for the people in the Pacific to strike the requisite number of ‘‘Have faith, things will get better.’’ Northwest, in Oregon, in Washington, words. Saturday was the last day of Janu- in California. My friend from Arizona I Mr. Chairman, I rise in opposition to ary. For many of us it meant flipping think needs to take a look at what the Miller amendment. This amend- another page over on the calendar or happened with that drop in unemployment would authorize an indetermi- anticipating the Super Bowl game the ment. It was not that there were new nate amount of extra funds under the next day. But for 375,000 Americans jobs created; it is because people gave Community Service Block Grant pro- who used to work in steel mills or ship- up. They were discouraged. There were gram for States to use for more ex- yards or auto plants or tech firms or not jobs available. And we are going to tended unemployment benefits. I stress retail stores, it meant that the next cut them off. that these funds would be authorized, day was the beginning of one of the Well, I think if we are serious about but not appropriated. So everyone lis- most anxious periods in their lives be- creating jobs, we have a bipartisan bill tening to this debate should know that cause, for them, this is the first week in our committee, in the Committee on this bill would have no effect, even if it where there is no income at all. The Transportation and Infrastructure, were signed into law. It would require mortgage payment does not stop. The that would actually put hundreds of another bill, a supplemental appropria- insurance payments do not stop. The thousands of Americans to work in a tions bill, to actually make good on utility bills do not stop. The need to matter of weeks, rebuilding crumbling this supposed promise. The chances of pay the grocery bills does not stop. But bridges, dealing with transit, dealing that happening are about zero, and the one check that was coming into with roads. We are ready to go. But here is why. their house stopped on Saturday. And this administration is not interested. In March of 2002, Congress provided what the majority is saying is, Have In fact, they have sent signals that if States a record $8 billion in additional faith, our job creation program will we even had this bipartisan bill that funds they may use to help unemployed save the day. would put hundreds of thousands of workers. Never in our history have we For the first time since Herbert Hoo- people to work doing important things, provided more flexible Federal funds to ver was President, this administration if we brought it forward, they are the States to help the unemployed. Ac- will chalk up more jobs lost than threatening to veto it. cording to the Department of Labor gained in its 4-year term. Have faith. I would suggest, Mr. Chairman, that and based on reports from the States, There is this $5.4 billion that is sitting we need to stop, and my friends talk as of December 31, 2003, States still had out in the States. Have faith that about hypocrisy. Well, I think there is more than $5 billion of this $8 billion someone will find a way to use it. I say some hypocrisy here. If we could actu- left over to assist the unemployed. Let to my colleagues, that is exactly the ally legislate on the floor in a bipar- me repeat that. Almost 2 years later, point as to why the Miller amendment tisan fashion, we could deal with this the States had $5 billion left over, and is needed. The $5.4 billion is sitting directly and there would be an over- almost every State still has at least there, but the people who have ex- whelming vote to extend unemploy- some of this Federal money left. Thir- hausted their unemployment benefits ment benefits. We ought to deal mean- ty-one States, including major States are not eligible to receive it, because

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.078 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H351 under the laws of the plan, they cannot vince you this will help you. Everyone States tax increases. I do not want to receive any more benefits. Have faith. in this room knows this is false. do that. Their faith is in us to change the law One would think if something was The Federal unemployment trust so that they become eligible for those important, one would put money to- fund was established for the purpose benefits. ward it, but this amendment does not that it is a national responsibility in Now, there are those who will say, even have a dollar, not even $1 allo- tough economic times to provide extra well, they ought to be put back out on cated to back it up. Nowhere in this unemployment benefits to people who the labor market; it will help the econ- bill. And I would challenge anyone in cannot find jobs. It is a Federal respon- omy. It will force down wages if more this room to just point to the part of sibility, not a State responsibility for people flood into the labor market and the amendment that includes the dol- good reason in that the economic congo to work that way. There are jobs lar amount we are going to provide for ditions around the Nation are different. there. Look at the want ads. It is all those who are unemployed. Some States may be able to respond, people have to do. b 1700 but it is States that are the hardest hit Mr. Chairman, these are the people that need the help from the Federal that President Bush came to this The answer is you cannot find it be- Government. House and talked about needing a new cause there is not a dollar, nothing to That is why we established a Federal job training program, because the steel help the unemployed in this amend- unemployment trust account, and we mill they used to work in is not open ment. We know that people have lost have $20 billion in that fund just for anymore, and they need to get trained jobs, which is why this Congress sent this purpose. to work in a whole new field that they to the States an unprecedented $8 bil- That raises the question why are we have no training for. These are the peo- lion to help people who are out of using this bill as a vehicle in order to ple who worked for the tech boom com- work. Since then, in the 2 years since provide unemployment benefits for panies that either do not exist or exist we have done that, States still have people who are unemployed. And the in Asia today, and they need new train- most of that money left, $5.5 billion. reason, quite frankly, is that the ma- ing. This needs to be more than a faith- Forty-five States still have money left. jority will not give us any other oppor- based initiative. This is a modest but Most of them have 90 percent of what tunity. Yes, I would prefer to be speak- necessary proposal, to say to people we sent to help people who are out of ing on the bill that was filed that uses who are out there, trying hard every work. They have not spent it yet. the funds in the Federal unemployment day to find the next job, that we will The fact of the matter is that people trust accounts to pay for these bene- provide them with a meager bridge to did lose their jobs; Congress responded fits. that future, enough to just hang on so in a big way. The States have these The gentlewoman from Oregon (Ms. maybe that their next trip is not to the dollars. And this amendment does HOOLEY) is on the floor. If my col- bankruptcy court. nothing to help the unemployed. My leagues would sign her discharge on the I heard my friend talk about compas- thought is the last thing unemployed rule, we will be able to bring that bill sionate conservatism. This administra- workers need is a false promise, an up. We are only a few Members short tion is neither compassionate nor con- empty shelf, an amendment that ac- on that. But the majority will not give servative. An administration that is complishes nothing but try to score po- us that opportunity. borrowing $30 for every $100 that it litical points off the backs of those who So I congratulate the gentleman spends more is not conservative. And are unemployed. This is a cynical, po- from California (Mr. GEORGE MILLER) an administration that is turning its litical stunt that has no place in this for giving the membership the oppor- back on the 375,000 working Americans Congress. tunity to vote on the issue now. What who lost their benefits last Saturday Mr. CARDIN. Mr. Chairman, I move does this bill do? It follows regular sure is not compassionate. to strike the requisite number of order, the regular rules of this body by We heard about germaneness, that words. establishing an authorization for a pro- this bill belongs under a different com- Mr. Chairman, to my friend from gram, clear indication to our appropri- mittee. Well, by all means, let us bring Texas I would invite him to join as a ators that we want it funded, that we it up under the right committee and cosponsor of the bill that I filed along believe paying unemployment benefits vote on the funding. This is the only with the gentleman from New York to unemployed workers, that it is a pri- way, because of the creativity of the (Mr. RANGEL), the gentleman from ority of this Congress, and we want it gentleman from California (Mr. MIL- Michigan (Mr. LEVIN), and the gen- done now. That is what this vote is LER), that this bill could be brought to tleman from California (Mr. GEORGE about. the floor. MILLER) that extends unemployment Do not try to put a smoke screen up Be compassionate, and be conserv- benefits through the jurisdiction of our here. We brought this issue to the ative. Vote in favor of the Miller committee. But I have not noticed his floor; we have asked for it many times. amendment. support for that legislation. We now have the chance for a clear Mr. BRADY of Texas. Mr. Chairman, Mr. Chairman, many of my col- vote. And I hope that those who are I move to strike the requisite number leagues have asked where is the com- concerned and believe that we should of words. passion. My question is where are the be helping will vote in favor of it. We If you ever wonder why the American jobs. Last month we bragged about the have now 90,000 workers exhausting people have lost faith in politicians, all growth of employment and we created benefits every single week. That is you need to do is look at this amend- 1,000 new jobs. Now, that is one new job 90,000. This is the highest in the history ment. It is very disappointing. It is a for every 8,400 unemployed Americans. of our Nation. cynical political stunt that hurts the And we are surprised that people can- A couple of my colleagues have unemployed in America, and it is not find jobs in our community; 3 mil- talked about in the 1990s we termi- shameful. lion fewer private sector jobs now than nated the unemployment benefit pro- The fact is, this leadership amend- 3 years ago. Many people have given up gram. Yes, when we had created ment by our Democratic friends does hope because there are no jobs there. enough jobs to make up for what was not extend unemployment benefits to Now, questions have been asked lost; where the exhaustion rate, that is, even one American. It does not help about can the States not take care of those who have exhausted State unem- even one American. That is because this. After all, we made a retransfer of ployment benefits, was not at an all they do not use our unemployment in- funds, which we do on regular occa- time level. Today that is the highest surance fund, the one we help people sions, in order for the States to have levels in the history of keeping those with. They say, we will create a new money in their basic programs to help records. The highest levels. We have program out of an agency that does not people who are unemployed and can not returned to the level we were prior even deal with unemployment. It will keep a modest tax for unemployment to this recession. take months, years, whatever, to set it benefits. If, in fact, they spent the $5 The right thing to do is extend the up, but we are trying to make a plumb- billion, which has already been obli- benefits, and this amendment gives us er do brain surgery, and we will con- gated, it would trigger in many of our that opportunity.

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.080 H04PT1 H352 CONGRESSIONAL RECORD — HOUSE February 4, 2004 I heard one of my colleagues talk route out. We lost 23 firemen; 23 fire- (Mr. OWENS asked and was given about, well, the unemployment rate is men killed. They wish they had jobs permission to revise and extend his re- only 51⁄2 percent. But understand how and a job opportunity. But they do not marks.) we calculate that. The last month, because we were not allowed to do that Mr. OWENS. Mr. Chairman, I rise in 300,000 have given up even looking for because of environmental movements support of the amendment. jobs because there are no jobs out of many of the Members on this floor. Mr. GEORGE MILLER of California. there. They do not count officially in And that is wrong. Mr. Chairman, I yield for the purpose the numbers. But we know by the ex- How many gnat catchers and endan- of making a unanimous consent re- haustion rate that we are at the high- gered species do we have in the moon- quest to the gentlewoman from Cali- est possible times. scape in California right now? Look at fornia (Ms. SOLIS). So, Mr. Chairman, I appreciate the it. It looks like a moon. It looks like a (Ms. SOLIS asked and was given per- arguments of my colleagues; but when desert. mission to revise and extend her reit gets right down to it, it is the needs We had a lot of people killed and a marks.) of the people in our districts that are lot of jobs lost. And that is wrong. Ms. SOLIS. Mr. Chairman, I rise in at stake. If you believe we should be Now, I am not saying it was inten- strong support of this amendment. taking care of the people who are un- tionally done, but for political reasons Mr. Chairman, each week, over 90,000 employed, that they need our assist- or whatever it is, there is a lot of ways workers are losing their unemployment bene- ance at this time, vote for the Miller in which we can come together. But fits. Many of these workers are from my dis- amendment. the distance you are going to put be- trict in East Los Angeles and the San Gabriel Mr. BOEHNER. Mr. Chairman, I ask tween the parties between now and No- Valley, where unemployment remains as high unanimous consent that we limit the vember for this kind of tactic I think is as 10 percent in some areas. remaining time on this amendment and wrong. Without a paycheck and without jobless all amendments thereto to 30 minutes Mr. GEORGE MILLER of California. benefits, these workers are struggling to put equally divided between myself and the Mr. Chairman, I yield for the purpose food on the table. They’re looking for jobs, but gentleman from California (Mr. of making a unanimous consent re- the jobs aren’t there. GEORGE MILLER). quest to the gentleman from Texas Only 1,000 new jobs were created nation- The CHAIRMAN pro tempore (Mr. (Mr. GREEN). wide in December, well below the 300,000 LAHOOD). Is there objection to the re- (Mr. GREEN of Texas asked and was that President Bush had promised his tax cuts quest of the gentleman from Ohio? given permission to revise and extend would create. There was no objection. his remarks.) The number of unemployed and without job- Mr. BOEHNER. Mr. Chairman, I am Mr. GREEN of Texas. Mr. Chairman, less benefits doesn’t even include the more pleased to yield 3 minutes to the gen- I rise in support of this amendment. than 70,000 grocery workers in Southern Cali- tleman from California (Mr. Mr. Chairman, I rise today in support of the fornia that have been out of work since a labor CUNNINGHAM). amendment from my friend, Mr. MILLER, that dispute erupted there more than 4 months Mr. CUNNINGHAM. Mr. Chairman, I would extend temporary unemployment bene- ago. These workers are fighting to maintain af- do not believe that members on either fits for America’s unemployed workers. fordable health care and fair wages. Without a side of the aisle are mean spirited. I It is shameful enough that Congress went paycheck and without jobless benefits, they, think the Democratic Presidential can- home during the height of the holiday season like the long-term unemployed, are struggling didates are honorable men. But if you and left many unemployed workers with no to make ends meet. watch the debates, they are being pret- where to turn. Yet, it’s been over a month It’s an outrage that Congress left town last ty mean to each other. And I think on since these benefits expired. And each week, December without extending unemployment this floor between now and November approximately 80,000 more unemployed work- benefits. you are going to see a lot of meanness ers feel the stinging effects of our inaction. Let’s not repeat this mistake. Extend unem- and partisanship that is going to come The Republican leadership will tell you we ployment benefits and support the Miller across in political rhetoric. That is dis- don’t need to extend temporary unemployment Amendment. concerting. It is not why we came here. benefits because the stock market is up, the Mr. GEORGE MILLER of California. According to my colleagues on the economy is rebounding and jobs are being Mr. Chairman, I yield 2 minutes to the other side, Republicans do not care created. Tell that to the half a million unem- gentleman from New York (Mr. RAN- about middle-class people. And first of ployed workers who’ve exhausted their bene- GEL), the ranking member of the com- all, there is no such thing as a middle- fits since December 31. The Republican argu- mittee. class person. There may be middle in- ment simply doesn’t pass the laugh test. Mr. RANGEL. Mr. Chairman and my come, but to play the class card I think In the past five months, this country has colleagues, I rise in support of the Mil- is wrong. We care about middle-income seen net job gains of only 56,000. Any only ler amendment, but I am a little sur- folks. We have different ways some- 1,000 jobs were created in December. It is prised that my Republican friends be- times of getting to them and helping clear from these numbers that whatever eco- lieve that we do this for political rea- them. But we do care. nomic growth we are experiencing is not sons and that this is not the place to I want to tell you that my mother translating into jobs. have political goals in terms of pro- and my father and most of my family Mr. Chairman, when this worthwhile protecting our constituents. on both sides are middle income, and gram was created, unemployment stood at 5.7 I would be the last one to say that we care about their jobs as well. And percent and the President’s net job loss num- the President of the United States there are other things that we can do. bers totaled 2 million. wants to go to war for political rea- But I think the rhetoric that is going The latest numbers show that unemploy- sons. I think it is an interest in on between now and November, I think, ment is still at 5.7 percent, and net job loss steroids when he made this a priority the American people are going to tune has increased to 2.3 million. These numbers in the State of the Union and was not out. tell the true job growth story. political, and the fact that he wants to Do you know how many jobs we lost And no amount of economic rhetoric can make permanent tax decreases for the to fires in California and billions of convince me that America’s unemployed work- rich. All we are trying to do is say that dollars in homes lost and jobs lost? ers aren’t in need of 13 additional weeks of there is a difference between Repub- Well, a lot of those jobs could have unemployment benefits. licans and Democrats. And we are con- been saved, but we have some people The American worker needs our help. cerned and will do everything that we that want to save the environment I urge my colleagues, let’s do right by Amer- can to try to bring some comfort to through extreme measures. We wanted ica’s unemployed and pass this crucial those people, the 9 million people who to cut brush for the last decade that amendment. are without jobs. It means that they caused a lot of these fires and the fire- Mr. GEORGE MILLER of California. lose self-esteem, they lose the ability men not to keep up. The firemen asked Mr. Chairman, I yield for the purpose to take care of their families, some us to put in roads in our forests so they of making a unanimous consent re- have lost their homes. would have access to save those for- quest to the gentleman from New York And I think that whether you are a ests, save those jobs, and have a safe (Mr. OWENS). Republican or a Democrat, this should

VerDate jul 14 2003 02:26 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.081 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H353 be a priority. It is okay to talk about lions of dollars. But it is scientific fact ply do not believe this is the vehicle to how the stock market is going, but it that poverty and homelessness directly do it. We would like to see the bill gives small comfort to people that have increase the rate of divorce. Therefore, passed. We think that people need it, not been able to have respect and dig- unemployment benefits, which keep and we think that it is a well-written nity and be able to work. families experiencing temporary hard- bill and I think will command wide- Now, some of my colleagues are say- ships off the street until they find a spread support, but this amendment ing that the people that we are giving job, should be considered the best mar- certainly does not enhance the bill in unemployment assistance to, that riage promotion program of all. Yet any way. these people will not be seeking em- these benefits have been ignored by Mr. Chairman, I reserve the balance ployment. They know that is untrue, this Congress and this administration. of my time. and they know they say that, too, for Some have raised concerns that ex- Mr. GEORGE MILLER of California. political reasons. But do not make pol- tending unemployment benefits would Mr. Chairman, I yield 11⁄2 minutes to itics such a dirty word. bankrupt the system. Yet there is the gentleman from Michigan (Mr. We had an election where a President money in the bank to be used only for LEVIN). received less than the popular vote. this purpose. There is not a legitimate (Mr. LEVIN asked and was given per- There is a reason for it, and we want to argument toward not extending these mission to revise and extend his re- make it clear in this House of Rep- unemployment benefits. This is a no- marks.) resentatives, where we are elected, the brainer. Vote ‘‘yes’’ for this amend- Mr. LEVIN. Mr. Chairman, the ma- difference between you and us. ment. jority says ‘‘This is not the way’’ when So do not be offended by it because Mr. OSBORNE. Mr. Chairman, in the you stand in the way. You say, the ma- we will be talking about education, absence of the gentleman from Ohio jority, the jobs are the answer, when about health care, about veterans bene- (Mr. BOEHNER), I recognize myself for 3 under your dominion we have lost 3 fits, about the deficits that you have minutes. million jobs in this country. You talk driven this country into, and we will be Mr. Chairman, I have been here all about this being a political ploy. No. What it is is an effort to force your talking about a war that we should not afternoon. I know the chairman of the hand, to lose your iron grip on unem- be involved in too. So when you say committee has been here all afternoon. ployment compensation. politics, be very kind and put sugar on The main reason we have been here is we would like to see H.R. 3030, the In the 1991–1992 recession, just 10, 12 the words because sometimes your next years ago, the program ended after the speaker may have to swallow the very Community Service Block Grant Act of 2003, passed. creation of 3 million jobs, so people same words that they spoke on this could find a job. Now you have ended floor. b 1715 this program when there has been a Mr. BOEHNER. Mr. Chairman, we I think most people here believe this loss of 2 million jobs. will reserve the balance of our time. is a good bill. It does provide needed So you say the READ Act. That $8 Mr. GEORGE MILLER of California. services. There was a dust-up over the billion went to the States to pay reg- Mr. Chairman, I yield for the purpose faith-based provision, but I think for ular State 26 weeks of benefits, not to of making a unanimous consent re- the most part people are supportive. extend the benefits program that is the quest to the gentlewoman from Texas We already have an unemployment Federal extended benefit program. (Ms. JACKSON-LEE). compensation system. This amendment So let me just say to every Member (Ms. JACKSON-LEE of Texas asked creates a new grant program. It creates here who votes no on this amendment, and was given permission to revise and a second system operated through it will be interpreted appropriately as a extend her remarks.) Health and Human Services instead of vote ‘‘no’’ against the millions of un- Ms. JACKSON-LEE of Texas. Mr. the Department of Labor. What this employed people in this country, the Chairman, because of the 125,000 unem- amendment will do, it will certainly 375,000 every month who are exhausting ployed without employment benefits in confuse consumers. It will splinter re- their benefits. Vote ‘‘yes.’’ Texas, I rise to support the Miller sources. It will weaken an already good Mr. OSBORNE. Mr. Chairman, I yield amendment. bill. And furthermore, there is no 5 minutes to the distinguished gen- Mr. GEORGE MILLER of California. money to fund the amendment. We tleman from California (Mr. DREIER). Mr. Chairman, I yield 11⁄2 minutes to would have to go through the appro- (Mr. DREIER asked and was given the gentlewoman from Oregon (Ms. priations process separately. permission to revise and extend his re- HOOLEY). The amendment, in addition, is in- marks.) Ms. HOOLEY of Oregon. Mr. Chair- consistent with services provided under Mr. DREIER. Mr. Chairman, I rise in man, Oregon has had the dubious dis- CSBG provisions. CSBG provides strong opposition to this amendment. tinction of being the number one State grants to States, not to individuals di- Let me first of all thank the gen- for unemployment. We lost more than rectly. So we have an entirely new sys- tleman from Nebraska (Mr. OSBORNE) 57,000 jobs. I think people need to be re- tem here and it alters the entire nature for his work on this very balanced minded that unemployment benefits do of the program. measure that came forward from the not pay their full salary. This is a Lastly, let me say something that is committee chaired by the gentleman bridge from one job to another. And little bit controversial. I do not try to from Ohio (Mr. BOEHNER). It is a bipar- when people go out and cannot find a be partisan. I do not try to be con- tisan measure. I am convinced at the job, they need that bridge. troversial, but there are some numbers end of this day that this bill itself will I was talking to one woman. She is in thrown around here about unemploy- enjoy bipartisan support; but I have her 50s. She has worked her entire life. ment and I think that certainly many been told, I have not followed the de- She was laid off. She has looked for a of those are accurate, many of them bate completely, but I have been told job every single day. She had to sell are very justified. However, we seldom that a number of people have been rais- her home to be able to support herself hear the figures I am going to quote. ing concern about the fact that we are and her family. A gentleman just a During 2003 we went from 137,447,000 not giving the minority an opportunity week ago I was talking to said he is 52; jobs in the United States to 138,479,000 to have a chance to discuss the issue of he has got a daughter who is an honors jobs, from January 2003 to January unemployment insurance. scholar in high school. He would like to 2004. The unemployment rated dropped Well, I would ask rhetorically, what see her go to college. Now he is afraid from 5.8 to 5.7. We would like to see it is it we are doing right now? Obviously, about losing his house and how he is down at 2 or 3 percent, but it is drop- we are considering this measure under going to support his family. ping and it will probably continue to an open amendment process, allowing These benefits are not used for lux- drop. So we feel that some folks that an opportunity for this issue to be ad- ury items. They are needed to pay the have lost their jobs have become entre- dressed. Let me also say that as we rent and mortgage, buy food, pay util- preneurs. Some have gone into business look at the overall question of extend- ity bills. for themselves. ing unemployment, it seems to me that The President has talked about mar- We understand the problems that the we need to realize that during the Clin- riage promotion programs costing bil- other side is trying to address. We sim- ton administration, when we saw an

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.085 H04PT1 H354 CONGRESSIONAL RECORD — HOUSE February 4, 2004 unemployment rate at 6.4 percent in Let me say that I do believe as we age Americans can’t find work and can’t find 1994, we saw an end to the benefits that look at this issue going down the road, compassion from this Administration. we are talking about right here. In it will be very important for us to sus- The President wants to extend tax benefits years past, a 6-percent level of unem- tain the economic growth that is there to the rich, but won’t extend unemployment ployment has traditionally been con- today. And the establishment of a new benefits for average Americans. sidered full employment. program, the establishment of a new Under this Administration, we’ve moved Now obviously every single one of us program will do nothing but hurt our from an economy that includes all Americans is concerned about the fact that there quest to get this economy going. And to an agenda that precludes average Ameri- are people in this country who are so I thank, again, my friend for his cans. looking for a job, who have not been leadership and yield back the balance 375,000 workers exhausted unemployment able to find a job. We want to do every- of my time. benefits last month, the highest single month thing that we possibly can to encour- Mr. GEORGE MILLER of California. number in history. What do we say to these age them. We want to do everything 1 Mr. Chairman, I yield 1 ⁄2 minutes to people? Good luck. that we possibly can to help them. the gentleman from Washington (Mr. In my home state of Washington, 82,000 And, quite frankly, the Community MCDERMOTT), a member of the Com- Services Block Grant structure that is people will lose all benefits by June. That’s on mittee on Ways and Means. top of the thousands of people who have al- being put into place and extended (Mr. MCDERMOTT asked and was through this legislation, I believe will ready exhausted their benefits. What do we given permission to revise and extend say to these people? Well, the stock market is go a long way towards providing assist- his remarks.) ance to those who truly are in need. up—what’s your problem? Mr. MCDERMOTT. Mr. Chairman, the Under President George Bush a dozen But it is very clear, if you look histori- chairman of the committee comes out cally at what a constant, blind exten- years ago, this Congress and that President here and says he is confused. I will tell enacted a temporary federal unemployment sion of unemployment insurance often you what to do. Pick up the phone, call creates, it does in fact create a dis- program to help workers through the 1990–91 the President and tell him if he does recession. The program lasted almost a full incentive for many people who should not deal with this, he is going to meet be looking for job opportunities from year after the job deficit created in the reces- it at Election Day. sion was erased. doing just that. There are millions of people who are I happen to believe that as we look at Under President George W. Bush, America losing their benefits, and what they are this measure today, we are in a posi- has a 2.5 million-job deficit, but the extended getting from this administration is, tion where the proposal before us does benefits program ended at Christmas by a hey, everything is going well. The not even go under the structure that President who believes in arrogance, not com- stock market is going up. What is the has existed in the past for unemploy- passion. matter with you people? But the Labor ment insurance. This notion of taking The President and Republican leaders say Department says, 3 people looking for this issue and transferring it to the De- the economy is growing and nothing needs to every job available in this day. partment of Health and Human Serv- be done. Nothing could be further from the Now, we hear all kinds of dust ices I believe is misplaced, and I be- truth. thrown in the air. There is $5 billion lieve that there should, in fact, be an The economic growth that has occurred has sitting out there somewhere. The fact opportunity for us to take a closer look been with few jobs and fewer prospects. One is that Illinois, Minnesota, Missouri, at this. thousand jobs nationwide grown in December North Carolina, New York, and Texas We are seeing very positive indica- by the Bush economic debacle. are borrowing money in their regular tors of improved economic growth. Mr. America needs to grow 175,000 jobs per unemployment program. Never mind Chairman, we are seeing very positive month, every month, for the next year, just to the extension of benefits. They are bor- indications right now that good jobs get back to where we started. Just to shrink rowing. That is where that $8 billion are being created. Now, we know that America’s employment deficit to zero. went before. It is gone. And now you the level has dropped from 6 percent Without unemployment benefits while they down to 5.7 percent, again, many say, well, you know, geez, if things are getting better, now that people are off find a job, the Congressional Budget Office tenths of a percent below what it was found that almost half of the long-term unem- in 1994 when we saw an end under the work, some of them are picking up bottles and they are taking them in and ployed would be in poverty. We are forcing Clinton administration of these bene- Americans into poverty. fits being provided. But we also know they are getting maybe a tenth of a cent for a can. What has the President, what has this Ad- that the gauge for determining unem- ministration, what has this Congress come to? ployed is somewhat different. We need Yes, there are a lot of people out there, but the CBO says that when peo- I stand here and ask: What would a leader to look, I think along with the tradi- do? tional level of job creation, we need to ple do not get unemployment benefits, A leader would have the courage to act. look at the Household Survey that is 50 percent of them go into poverty. Would have the strength to act. Would set conducted by the Department of Labor. Fifty percent. That is what our Presi- aside partisan politics to embrace the common The Household Survey itself takes into dent wants. good. And act on behalf of our fellow man. consideration some very important fac- Now, wait for those ads that come tors: those who are self-employed. And, out in the fall. The compassionate con- Americans forced into poverty, crushed by a quite frankly, according to the House- servative President of the United recession they did not create and struggling to hold Survey, since November of 2001 we States said to the unemployed, Why do survive—that is America today for too many have seen the creation of 1.9 million you not get a pointy stick and pick up people from Maine, to Washington, to Cali- new jobs in this country. garbage in the park or something? fornia. Now, I believe there are other steps Mr. President, we are looking for you America needs leaders. This Congress has that can be taken which will help cre- to do something. at least one. My distinguished colleague from ate greater opportunity. The issue of Vote ‘‘yes’’ on the Miller amend- California, Mr. GEORGE MILLER, has offered an global trade, I know, is a hotly debated ment. amendment to extend unemployment benefits. and often controversial one. This ad- Mr. Chairman, what has this President, what I ask that we stand together as Americans ministration and many of us in a bipar- has this Administration, what has this Con- and unanimously pass this amendment and tisan way in this Congress are working gress come to? that the President sign it immediately. Let hard to try to pry open new markets Ordinary Americans are being forced to beg America have something to believe in. And for U.S. goods and services worldwide. I for help. someone to believe in—the people they elect- believe that will help us in our quest to Across this great country, ordinary Ameri- ed. address this issue of unemployment cans are drowning in the President’s economic I wonder if the gentleman who just spoke that is there. policies. They need a lifeline. That’s all the ex- from the state of California knows that an esti- So we have a great opportunity to tended unemployment benefits program pro- mated 314,000 residents in his state are likely continue bold, strong, dynamic eco- vides. to exhaust their state unemployment insurance nomic recovery. This amendment does Today, America faces a soaring budget def- compensation, leaving them and their families not help us in that quest at all. icit and a terrifying employment deficit. Aver- without a paycheck or benefits.

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.088 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H355 ANNOUNCEMENT BY THE CHAIRMAN PRO their home, of being unable to afford We are not creating jobs. People no TEMPORE college payments or vital health care longer qualify for benefits. Well, they The CHAIRMAN pro tempore (Mr. for their family. do not count as unemployed anymore. LAHOOD). Members are reminded to ad- So today we are called upon to show We heard this extraordinary state- dress their remarks to the Chair. some compassion and extend unem- ment that some have become entre- Mr. OSBORNE. Mr. Chairman, I re- ployment benefits. At the end of the preneurs, some are the modern day serve the balance of my time. same town meeting in Scappoose, a fel- equivalent of selling apples and pencils Mr. GEORGE MILLER of California. low got up and asked, ‘‘Who can solve on the street corner. Yeah, the entre- Mr. Chairman, I yield 11⁄2 minutes to this? Who can make a difference in preneurs in my district are picking up the gentlewoman from the District of this?’’ bottles and cans for the five cent de- Columbia (Ms. NORTON). He asked a straight question and I posits, and it is really ironic. Ms. NORTON. Mr. Chairman, I thank gave him a straight answer. If the Unlike the tax cuts for the billion- the gentleman for yielding me time. President of the United States picked aires where we have to borrow money How can we possibly pass the Com- up the phone and asked for a straight from average working people and the munity Services Block Grant to aid the extension of unemployment benefits, it Social Security trust fund to give tax poor, and leave the people who are would happen this week. And I said breaks to billionaires, we do not have being made poor by the jobless recov- that before I knew that the Miller to borrow money to extend unemploy- ery with nothing? amendment would be up for a vote ment benefits. Working people have al- I agree with the gentleman from Ari- today. ready paid the tax. There is $17 billion zona who said the remedy for this is So today I would like to say to the in the unemployment trust fund. All jobs. Why do you think we are on the President of the United States, it is we need is for the majority to allow us floor? Because this economy has not time to phone home. It is time to a vote to authorize spending that been forthcoming with jobs. Some of us phone home so that you feel the pas- money that is on account to help these cosponsored a bill for a $50 billion pro- sion, the anger, and the pain of mil- people in their time of desperation and gram for jobs creation, almost all of lions of Americans who have been with- the President to sign the bill. this in terrorism infrastructure. That out work for a long time and are now Vote ‘‘yes.’’ never made it to the floor. That was without unemployment benefits. Mr. GEORGE MILLER of California. paid for, ready to go, terrorism Mr. Chairman, I yield myself the re- projects infrastructure. So what are we b 1730 maining time. left with? I ask for an ‘‘aye’’ vote on the Miller Mr. Chairman, this is an important We have got to do something for amendment. debate. I appreciate that my colleagues those who do not have the jobs that the Mr. GEORGE MILLER of California. on the Republican side of the aisle do economy has not provided. Look, some- Mr. Chairman, I yield 11⁄2 minutes to not like this bill being used for this thing very different has happened to the gentleman from Illinois (Mr. purpose; but let me say to them, this is our economy. This global economy is DAVIS). the only vehicle we have because they different. We do not understand it, but Mr. DAVIS of Illinois. Mr. Chairman, will bring us nothing to address the un- we do understand the unemployed. We I agree with the gentleman from Wash- employment problem in this country have got to do something about the ington. In my home State of Illinois, it and the loss of unemployment benefits. long-term unemployed. That is who we is estimated that in the first half of We are trying. We are trying on this are talking about. And the way to do it 2004, 91,928 individuals will have ex- side of the aisle to use any vehicle we is to make these benefits available to hausted their benefits, with no relief in have to try to get this Congress to re- these people who comprise the largest sight. spond to the needs of millions of Amer- number of people losing their unem- We have heard about the unemploy- icans who are at risk of losing or have ployment in 30 years. ment rate going down, but what we already lost their unemployment bene- It provides a stimulus to the local have not heard is the way in which the fits, millions of middle-class Ameri- community in which they live, where rate is calculated. The real deal is that cans who are working hard, who are the businesses are going out of business there are so many people not even about to go in a downward financial as well because the people do not have looking for work, who have given up, spiral that leads to chaos in their fami- jobs. We get 2 bangs for the buck. It is until that makes it look as though the lies, that leads to bankruptcies, that time to make it up to these people rate is going down. leads to the loss of assets, millions of whom we left with no benefits when we The reality is unemployment is sky working Americans who play by the went home for Christmas. high. We need relief and we need it rules, had a job, worked hard at it, and Mr. OSBORNE. Mr. Chairman, we re- now. Vote for the Miller amendment. then through no fault of their own they serve the balance of our time. Mr. GEORGE MILLER of California. lost it. Mr. GEORGE MILLER of California. Does the gentleman have any addi- This Congress stands by as 375,000 Mr. Chairman, I yield 11⁄2 minutes to tional speakers? people lost their benefits in the month the gentleman from Oregon (Mr. WU). Mr. OSBORNE. Mr. Chairman, we re- of January. We knew it was going to (Mr. WU asked and was given permis- serve the balance of our time. happen. We went home for Christmas. sion to revise and extend his remarks.) Mr. GEORGE MILLER of California. What kind of Christmas did these peo- Mr. WU. Mr. Chairman, recently I How much time do we have remaining? ple have when they knew that their held town hall meetings across the con- The CHAIRMAN pro tempore (Mr. benefits were going to run out? What gressional district that I am privileged LAHOOD). The gentleman from Cali- kind of Christmas did these hard-work- to represent in Oregon. In Scappoose fornia (Mr. GEORGE MILLER) has 41⁄2 ing families have? on Monday night, the first person to minutes remaining. We have heard a lot over the last speak was a woman who told me that Mr. GEORGE MILLER of California. couple of months about two Americas. she had been unemployed for a long Mr. Chairman, I yield 11⁄2 minutes to This is the other America. This is the time. Her benefits had run out. She is the gentleman from Oregon (Mr. America without stock options. This is terrified of losing her health care. And DEFAZIO). the America without vacations. This is most galling for an Oregonian, she is Mr. DEFAZIO. Mr. Chairman, we are the America without jobs. thinking about moving to California in incredible denial on the other side of Most of them have worked their and taking a job while leaving her chil- the aisle. Once again, it is not needed, whole lives, played by the rules, tried dren and family behind. not now, not this way. to do it the right way, tried to raise Oregon has a jobless rate of 7.2 per- Nationwide, 375,000 people will ex- their families; and now all of that is at cent. Scappoose, located in Columbia haust their unemployment benefits risk, and we sit with $17 billion in the County, has an unemployment rate of this month. In Oregon, by March, 43,000 trust fund, and they say go to the 10.6 percent. But these are not just will have lost all their benefits. We States. The State of Illinois is out of naked statistics. Each one of these un- hear the unemployment rate is drop- money. The State of Minnesota is out employed people risks losing their car, ping. Yeah, the statistic is dropping. of money. The State of Missouri is out

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.090 H04PT1 H356 CONGRESSIONAL RECORD — HOUSE February 4, 2004 of money. North Carolina is out of ment out of the Federal unemployment Mr. Chairman, Congress rejected calls for a money. New York’s out of money. trust fund, we told the States they benefits extension before the December holi- Texas is out of money. California’s could do a number of things with that days, and job growth has since remained ane- about out of money, and Arkansas is money. They could increase benefits. mic. The previous unemployment insurance heading in that direction. They could add additional workers. extension expired on December 20. Roughly My colleagues do not have a solution, They could increase the amounts or 375,000 people exhausted their benefits in go to the States. What a cynical ap- they could extend unemployment bene- January, the largest number in a single month proach. The gentleman from Texas fits for those whose were expired. in 30 years, and these individuals are receiv- takes the well and says go to the As we have heard in the debate ing neither a paycheck nor unemployment States, and his State with 300,000 peo- today, 45 States have almost all of the benefits. ple in it is out of money, is out of money that we sent them, 45 States; According to an analysis of government money. So his answer apparently is and so the money is there and the data from the Center on Budget and Policy nothing for these families. States, in my view, are acting to help Priorities, nearly 2 million unemployed workers I do not get it. I just do not get how those people. Why are we here? are expected to be in this situation during the this happens to people who work all Even if this were germane and it first 6 months of 2004. The Center on Budget year long, year after year; and then were in order, the money would go out and Policy Priorities also projected that 2 mil- they find out they are closing the fac- to the States. The same States that al- lion people will exhaust their benefits between tory, they are closing the mill, their ready have the money, would they real- January and June, a record for any 6-month job has disappeared. They run out and ly help any more unemployed workers? period for which data are available, if benefits try to find another job. They cannot The States ought to get off their rear are not extended. find the job. They run from place to ends and help those who need help. We In no other month on record—and in no place. They send out resumes; they go know there are people out there whose other 6-month period for which data are avail- through retraining. They cannot find a benefits have run out, and those State able—have so many unemployed workers ex- job, and then they run out of unem- legislators and those Governors ought hausted their regular unemployment benefits ployment benefits, and they get to go to step up to the plate and use the without being able to receive additional aid. home to their spouse and to their chil- money we sent them out of the Federal The unemployment rate is currently 6 percent dren and say we are going to have to unemployment trust fund to help in Ohio. In my congressional district, in the city sell the house, we are going to have to them. of Cleveland, the unemployment rate is 13.1 In the meantime and back to this de- sell the car, we have lost our health in- percent—57,191 Ohioans are scheduled to bate, this amendment does not deserve surance. What is this Congress for? lose their benefits over the next 6 months. to be here. This amendment does not What is this Congress for if we are not Dear Colleagues, how do you recommend I deserve our vote. I will not vote in a here to try and bridge those people inform my constituents that Congress decided cynical way to try to tell unemployed across these troubled waters from un- not to extend unemployment benefits? I ask workers we are going to extend their employment to employment. my colleagues to join me and support the benefits when I know, when I know I know my colleague is going to say, Democratic substitute. that this bill will never be funded, and these people want a job? You bet your The Democratic substitute provides for con- this program, even if it were funded, buns they want a job. They just do not tinued participation by faith-based organiza- would take years and years to actually have one in the Bush economy. They tions in Community Services Block Grant pro- implement the extension of benefits for just do not have the opportunity. grams, but prohibits religious discrimination these workers. It is not fair to them, Mr. BOEHNER. Mr. Chairman, I yield with Federal funds. Colleagues, Congress has and playing politics on the backs of un- myself the balance of our time. worked to eliminate discrimination since 1964 employed Americans is beneath the Mr. Chairman, we are debating the through the enactment of Title VII of the Civil Community Services Block Grant reau- dignity of this institution. Mrs. CHRISTENSEN. Mr. Chairman, I rise Rights Act of 1964, that prohibits employers thorization program that funds the in support of the Miller-Woolsey amendment to from discriminating against individuals be- community action agencies in all of H.R. 3030 which ensures that Federal funds cause of their religion in hiring, firing, and our communities to help the poorest of will not be used to support discrimination in other terms and conditions of employment. the poor, Meals on Wheels, other co- hiring and I commend the authors for spon- How dare we, Members of Congress, allow ordination of social services, to help soring it. legislation that will discriminate against anyone those that are very needy. It is a very Mr. Chairman, I support and have always come before the House floor. Have we forgot- important program and a program that supported faith based organizations. They ten what Title VII of the Civil Rights Act of needs to be reauthorized. have played a major role in the delivery of so- 1964 prohibits under religious discrimination: But out of nowhere, at the 11th hour, cial services in our country, in particular those My history reflects working toward the Dream we get this cynical attempt to talk who have been a part of the Congressional that Dr. Martin Luther King had that, ‘‘one day about extending unemployment bene- Black Caucus’s Minority AIDS Initiative. this nation will rise up and live out the true fits. It has no business on this bill. As But what the White House and the Repub- meaning of its creed: We hold these truths to I said before, this is an authorization. licans are trying to do is relinquish government be self-evident: that all men are created There is no money attached to it; and responsibility for the safety nets that millions equal.’’ My work history exemplifies working for goodness sakes, no unemployed of people rely on. More importantly, under toward bringing all races together for employ- worker in America ought to count on cover of supporting the work of our faith-based ment, education, and religious beliefs. I have anything happening out of this bill be- institutions, they are attempting to unravel our worked with the U.S. Equal Employment Op- cause it never will be funded. civil rights by writing into the bill the right to portunity Commission. I will also remind all of The gentleman from California, my discriminate. you that under Title VII of the Civil Rights Act good friend and colleague, although we Mr. Chairman, we need to call this egre- of 1964 for religious discrimination: do disagree and we are disagreeing gious hand that they are trying to deal to the Employers may not treat employees or ap- today, knows that this has no chance American public and say no to weakening our plicants less—or more—favorably because of of becoming law. We are here scoring safety nets and a big no to discrimination. their religious beliefs or practices. For exam- political points today at the expense of Is there no shame? ple, an employer may not refuse to hire indi- unemployed workers, and I really do Mrs. JONES of Ohio. Mr. Chairman, I rise to viduals of a certain religion, may not impose think that is a sad use for the U.S. encourage my colleagues to extend unemploy- stricter promotion requirements for persons of House of Representatives, not that ment insurance benefits for 6 months in an ef- a certain religion, and may not impose more there is never politics played here, but fort to prevent over 2 million workers from los- or different work requirements on an employee they are not usually played on the ing benefits. With the ending of the Federal because of that employee’s religious beliefs or backs of the unemployed. I think that Temporary Extended Unemployment Com- practices. is what causes me such distress as I pensation (TEUC) program, jobless workers Employees cannot be forced to participate— stand here today in opposition to the whose regular, state-funded unemployment in- or not participate—in a religious activity as a gentleman’s amendment. surance benefits run out before they can find condition of employment. Two years ago, when we sent this $8 a job no longer qualify for any federal unem- Employers must reasonably accommodate billion out to the States for unemploy- ployment aid. employees’ sincerely held religious beliefs or

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.094 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H357 practices unless doing so would impose an over the last 3 years. I have heard from many their regular benefits without being able to re- undue hardship on the employer. A reason- of my constituents who have lost their regular ceive further assistance. We all have heard able religious accommodation is any adjust- unemployment benefits and are on the verge the news of the unemployment rate going ment to the work environment that will allow of selling their car or home just to provide food down—but unlike the paper it is printed on, the employee to practice his religion. for their families. The President proclaimed the unemployment rate is not clear as black Flexible scheduling, voluntary substitutions that the economy is improving, but the paltry and white but hazy and has a lot of gray. Ac- or swaps, job reassignments and lateral trans- 1,000 jobs created in December 2003 are not cording to the Illinois Department of Employ- fers and modifying workplace practices, poli- nearly enough to keep up with those who wish ment Security, the Illinois unemployment rate cies and/or procedures are examples of how to enter the job market. Until real job creation dropped in December from 6.8 to 6.4 percent an employer might accommodate an employ- occurs, we must help those who wish to enter with the number of unemployed declining by ee’s religious beliefs. the job market. Until real job creation occurs, 20,800. However, as the Illinois Department An employer is not required to accommo- we must help those that are left behind by states, the declines in both the number of un- date an employee’s religious beliefs and prac- providing additional unemployment benefits. employed and the unemployment rate were tices if doing so would impose an undue hard- Finally, I urge my colleagues to preserve largely due to people who just stopped looking ship on the employers’ legitimate business in- these critical programs as we reauthorize the for work and therefore not counted as unem- terests. An employer can show undue hard- CSBG and to guarantee that employees of ployed. Even according to the U.S. Depart- ship if accommodating an employee’s religious CSBG-funded organizations are not subject to ment of Labor, as unemployment declined practices requires more than ordinary adminis- employment discrimination. The Woolsey from October 2003 to December of 2003 by trative costs, diminishes efficiency in other amendment will allow religious organizations 8,797 to 8,398 unemployed individuals, the jobs, infringes on other employees’ job rights to continue to participate equally in CSBG pro- number of individuals considered not in the or benefits, impairs workplace safety, causes grams, while ensuring that organizations re- labor force grew from October 2003 to De- coworkers to carry the accommodated em- ceiving these Federal funds do not engage in cember 2003 by 75,147 to 75,631. ployee’s share of potentially hazardous or bur- employment discrimination based on religion. I densome work, or if the proposed accommo- urge my colleagues to support the Woolsey Our real concern and focus should be on dation conflicts with another law or regulation. amendment and recognize that discrimination who is unemployed and on the growing num- Employers must permit employees to en- in hiring in federal funded programs is fun- ber of individuals that are not in the workforce gage in religious expression if employees are damentally wrong. and are no longer looking for employment. In permitted to engage in other personal expres- Mr. HOLT. Mr. Chairman, on behalf of these Illinois, the group of individuals unemployed sion at work, unless the religious expression Americans, who are constituents, our neigh- and no longer looking for employment jumped would impose an undue hardship on the em- bors, and the people who have entrusted us by 15 percent between the third quarters of ployer. Therefore, an employer may not place with the care of our Nation, it is essential that 2000 and 2002. Men accounted for a third of more restrictions on religious expression than we renew their unemployment benefits, and it those counted as not currently employed on other forms of expression that have a com- is essential that we do it now. along with a 20-percent increase in no longer parable effect on workplace efficiency. Middle-class Americans cannot sustain the seeking employment. Men are also on unem- It is also unlawful to retaliate against an in- American dream while not receiving any in- ployment for a longer period of time. From the dividual for opposing employment practices come for 3 or 4 months, or even longer. We third quarter of 2000 to the third quarter of that discriminate based on religion or for filing owe them this continued assistance until this 2002, the duration of unemployment grew by a discrimination charge, testifying, or partici- economy can provide them with jobs they des- more than 75 percent or from 7 weeks to just pating in any way in an investigation, pro- perately want again. under 13 weeks. The racial minorities are also ceeding, or litigation under title VII. An estimated 375,000 unemployed individ- finding themselves unemployed for a longer It is vital that Congress authorizes additional uals are exhausting their regular unemploy- period of time. The average unemployment funds under Community Services Block Grants ment benefits in January without qualifying for period for African Americans in Illinois rose by to be used to pay for a 6-month extension of any further assistance—and are receiving nei- more than 50 percent of 4.6 weeks. African unemployment benefits. Benefits paid under ther a paycheck or unemployment benefits. Americans are dramatically unemployed more Community Services Block Grants that will be In New Jersey, the 99,000 unemployed so than any other ethnic group. According to modeled after the Unemployment Insurance workers expected to exhaust their regular ben- the Department of Labor, in December 2003, program that expired for workers exhausting efits without being able to receive further as- 10.3 percent of all unemployed workers were regular unemployment benefits after the week sistance will be the second highest on record African Americans compared to 6.6 percent of of December 20, 2003. for the months of January through June. Hispanic workers and 5 percent of White Mr. Speaker, I ask my colleagues to join me Mr. Chairman, the Congress must make the workers. and support the Democratic substitute, and plight of middle-class America its number one Mr. Speaker, thousands of Americans have vote to provide continued participation by faith- concern. Without the temporary extension of already exhausted their benefits and approxi- based organizations in Community Services unemployment benefits under TEUC, Ameri- mately 2 million unemployed workers will ex- Block Grant (CSBG) programs, but prohibits cans will continue to struggle to pay the bills haust their benefits in the next 6 months. To religious discrimination with Federal funds. in this still-weak job market. fully stimulate this economy, we must ensure Mr. LANGEVIN. Mr. Chairman, in my home By extending the unemployment benefits for we are assisting not the few at the top but the State of Rhode Island, and throughout the an additional 6 months, it will grant more time masses of workers, who keep this country country, Community Services Block Grant for unemployed Americans to find new jobs. moving. I am in full support of the Miller (CSBG) funds play a critical role in food and While experts could explain various aspects amendment to authorize additional funds clothing assistance for low-income families, about the business and economic cycles and under CSBG to be used to pay for a 6-month access to quality child care and other pro- how companies will begin hiring again in the extension of unemployment benefits. Instead grams to help families and individuals achieve future, this does not solve the present problem of contributing to our economy by buying self-sufficiency and find and retain meaningful of how bread winners are going to pay bills school supplies, paying rent or a mortgage or employment. Support from such programs and how food is going to get into the stom- going out to dinner, without this amendment makes it possible for many adults to overcome achs of children so that when they go to and without an extension of unemployment the challenges of poverty, return to the work- school, their day is spent learning and not fo- benefits more of our constituents will be forced force, provide for their children, and keep their cusing on the pain in their gut. families together. Mr. Chairman, the American public needs into poverty with the chance of losing their Because I believe in the mission of the the Miller amendment so I ask my colleagues home, having no food to eat, no new shoes CSBG, to combat poverty in meaningful, to pass the Miller amendment. for their children, no way to pay for a doctor measurable ways, I strongly support the Mr. DAVIS of Illinois. Mr. Chairman, in my let alone over the counter medications and the amendment offered by Representative home State of Illinois, it is estimated that in list continues. The old saying remains clear— GEORGE MILLER to H.R. 3030. The Miller the first half of 2004, 91,928 individuals will we either pay for it now—or we pay more for amendment, which would authorize a 6-month have exhausted their benefits and will not it later. I urge all my colleagues to support the extension of unemployment benefits, promotes qualify for additional aid. This places Illinois Miller amendment. the antipoverty mission of the CSBG. Rhode along side of nine other States as reaching Ms. MAJETTE. Mr. Chairman, I rise today Island’s unemployment rate is near a 7-year the second highest on record for the number on behalf of the over 51,000 Georgians who high, and thousands of jobs have been lost of unemployed workers expected to exhaust have exhausted their regular unemployment

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\A04FE7.061 H04PT1 H358 CONGRESSIONAL RECORD — HOUSE February 4, 2004 benefits and still can’t find a job. We must ex- Clyburn Kelly Reyes King (IA) Pearce Shaw Cooper Kennedy (RI) Rodriguez Kingston Pence Sherwood tend unemployment benefits for these Geor- Costello Kildee Rogers (MI) Kirk Petri Shuster gians and the estimated 2 million workers na- Cramer Kilpatrick Ross Kline Pickering Simpson tionwide who will exhaust their benefits in the Crowley Kind Rothman Knollenberg Pitts Smith (MI) next 6 months. We must extend these benefits Cummings King (NY) Roybal-Allard Kolbe Platts Smith (TX) Davis (AL) Kleczka LaHood Pombo until the administration starts taking job cre- Rush Souder Davis (CA) Lampson Ryan (OH) Latham Porter Stearns ation seriously. Davis (FL) Lantos Sabo Lewis (CA) Portman Sullivan The administration’s policies are not cre- Davis (IL) Larsen (WA) Sa´ nchez, Linda Lewis (KY) Pryce (OH) Tancredo Manzullo Putnam Davis (TN) Larson (CT) T. Tauzin ating jobs and there is no plan to create jobs McKeon Radanovich DeFazio LaTourette Sanchez, Loretta Terry either. The Bush administration has presided Delahunt Leach Mica Ramstad Sanders Thomas DeLauro Lee Miller (FL) Regula over the worst job-loss record in half a cen- Sandlin Thornberry Deutsch Levin Miller, Gary Rehberg tury—we have lost almost 2.4 million jobs Saxton Tiahrt Dingell Lewis (GA) Moran (KS) Renzi Schakowsky since Bush took office—and yet this Congress Doggett LoBiondo Musgrave Reynolds Tiberi and the President are denying that jobless Dooley (CA) Lofgren Schiff Myrick Rogers (AL) Toomey Scott (GA) Americans even exist. That is unacceptable. Doyle Lowey Neugebauer Rogers (KY) Vitter Edwards Lucas (KY) Scott (VA) Northup Rohrabacher Wamp These Americans have worked hard and Emanuel Lynch Serrano Norwood Ros-Lehtinen Weldon (FL) paid into the system, but now they are unem- Emerson Majette Shays Nunes Royce Weller ployed and they need a safety net for a few Engel Maloney Sherman Nussle Ryan (WI) Whitfield Shimkus Wicker more weeks. Until we start creating jobs, we English Markey Osborne Ryun (KS) Eshoo Marshall Simmons Ose Schrock Wilson (SC) must show compassion for these hard-working Etheridge Matheson Skelton Otter Sensenbrenner Wolf Americans who lost their jobs through no fault Evans Matsui Slaughter Oxley Sessions Young (AK) of their own during the economic downturn. Farr McCarthy (NY) Smith (NJ) Paul Shadegg Young (FL) Fattah McCollum Snyder My colleagues on the other side of the aisle Filner McCotter Solis NOT VOTING—27 continue to say that this unemployment exten- Ford McDermott Spratt Brown-Waite, Gutierrez Millender- sion is unnecessary because the Gross Do- Fossella McGovern Stark Ginny Kucinich McDonald Frank (MA) McIntyre Stenholm Calvert Langevin Napolitano mestic Product is back on the rise these days, Frost McNulty Strickland Conyers Linder Ortiz and the stock market has turned the corner. Gonzalez Meehan Stupak Culberson Lipinski Pascrell The stock market rise might be helping the Goode Meek (FL) Sweeney DeGette Lucas (OK) Gordon Meeks (NY) Rahall wealthy who benefit from Bush’s tax cut, but Tanner Dicks McCarthy (MO) Ruppersberger Green (TX) Menendez Tauscher it is not helping the over 51,000 Georgians Gephardt McCrery Smith (WA) Green (WI) Michaud Taylor (MS) Goss McHugh Watson who can’t find a job. Grijalva Miller (MI) Taylor (NC) Granger McInnis These economic indicators are good news, Harman Miller (NC) Thompson (CA) but this has been a jobless recovery. Last Hastings (FL) Miller, George Thompson (MS) ANNOUNCEMENT BY THE CHAIRMAN PRO Hayes Mollohan Tierney TEMPORE month only 1,000 new jobs were created in Hill Moore Towns Hinchey Moran (VA) this country. Until this economy starts creating Turner (OH) The CHAIRMAN pro tempore (Mr. Hinojosa Murphy jobs—and lots of them, these economic indi- Turner (TX) LAHOOD) (during the vote). There are 2 Hoeffel Murtha Udall (CO) cators don’t mean a thing. These Americans Holden Nadler minutes remaining in this vote. Udall (NM) need jobs—and until then, they need unem- Holt Neal (MA) Upton ployment insurance. Honda Nethercutt 1805 Hooley (OR) Ney Van Hollen b These hard-working Americans expect and Vela´ zquez Hoyer Oberstar Messrs. ROTHMAN, GOODE, JONES deserve our help. During past recessions, Inslee Obey Visclosky Congress habitually extended unemployment Israel Olver Walden (OR) of North Carolina, BURNS, TAYLOR of Walsh insurance until there were enough jobs to Jackson (IL) Owens North Carolina, NEY, FOSSELLA, Jackson-Lee Pallone Waters TURNER of Ohio, SAXTON, SHAYS, make it unnecessary. The numbers speak for Watt (TX) Pastor MURPHY, WELDON of Pennsylvania, themselves. There just aren’t enough jobs— Jefferson Payne Waxman and until there are enough jobs, we need to John Pelosi Weiner and Mrs. EMERSON changed their vote Johnson (IL) Peterson (MN) Weldon (PA) from ‘‘no’’ to ‘‘aye.’’ meet our obligation to these workers and their Johnson, E. B. Peterson (PA) Wexler families. Jones (NC) Pomeroy Wilson (NM) So the amendment was agreed to. Mr. BOEHNER. Mr. Chairman, I yield Jones (OH) Price (NC) Woolsey The result of the vote was announced back the balance of our time. Kanjorski Quinn Wu as above recorded. Kaptur Rangel Wynn The CHAIRMAN pro tempore. The Stated for: question is on the amendment offered NOES—179 Ms. MCCARTHY. Mr. Chairman, on rollcall by the gentleman from California (Mr. Aderholt Chocola Gibbons No. 18, I was unavoidably detained. Had I GEORGE MILLER). Akin Coble Gilchrest been present, I would have voted ‘‘yes.’’ The question was taken; and the Bachus Cole Gillmor Mr. MCHUGH. Mr. Chairman, due to the Chairman pro tempore announced that Baker Collins Gingrey Ballenger Cox Goodlatte need for me to be out of town on official Com- the noes appeared to have it. Barrett (SC) Crane Graves mittee business, I missed the following vote RECORDED VOTE Bartlett (MD) Crenshaw Greenwood Barton (TX) Cubin Gutknecht taken during consideration of H.R. 3030, Im- Mr. GEORGE MILLER of California. Bass Cunningham Hall proving the Community Services Block Grant Mr. Chairman, I demand a recorded Beauprez Davis, Jo Ann Harris Act. Had I been present, I would have voted vote. Bereuter Davis, Tom Hart Biggert Deal (GA) Hastert as follows: Rollcall No. 18, the Miller amend- A recorded vote was ordered. Bilirakis DeLay Hastings (WA) ment on unemployment compensation: ‘‘yes.’’ The vote was taken by electronic de- Bishop (UT) DeMint Hayworth Stated against: vice, and there were—ayes 227, noes 179, Blackburn Diaz-Balart, L. Hefley Blunt Diaz-Balart, M. Hensarling Mr. GOSS. Mr. Chairman, this evening I had not voting 27, as follows: Boehner Doolittle Herger to depart early for a previously scheduled [Roll No. 18] Bonilla Dreier Hobson meeting. As a result, I was not able to be Bonner Duncan Hoekstra AYES—227 Bono Dunn Hostettler present for rollcall vote 18. Had I been Abercrombie Berman Burns Boozman Ehlers Houghton present, I would have voted ‘‘no’’ on rollcall Ackerman Berry Burr Bradley (NH) Everett Hulshof vote 18. Alexander Bishop (GA) Camp Brady (TX) Feeney Hunter Allen Bishop (NY) Capito Brown (SC) Ferguson Hyde PERSONAL EXPLANATION Andrews Blumenauer Capps Burgess Flake Isakson Baca Boehlert Capuano Burton (IN) Foley Issa Mr. PASCRELL. Mr. Chairman, on February Baird Boswell Cardin Buyer Forbes Istook 4, 2004, I was not able to be in attendance Baldwin Boucher Cardoza Cannon Franks (AZ) Jenkins during rollcall votes 15 through 18. I have Ballance Boyd Carson (IN) Cantor Frelinghuysen Johnson (CT) deep concerns about H.R. 3030 which would Becerra Brady (PA) Carson (OK) Carter Gallegly Johnson, Sam Bell Brown (OH) Case Castle Garrett (NJ) Keller permit organizations that receive public funds Berkley Brown, Corrine Clay Chabot Gerlach Kennedy (MN) to discriminate in hiring based on religion. Had

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\A04FE7.066 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H359 I been in attendance, I would have voted There was no objection. In discussions with the chairman of ‘‘yes’’ for rollcall vote 15, ‘‘yes’’ for rollcall vote f the Committee on Transportation and 16, ‘‘yes’’ for rollcall vote 17, and ‘‘yes’’ for Infrastructure, he informs me that he REMOVAL OF NAME OF MEMBER rollcall vote 18. is working as hard as he can to get the The CHAIRMAN pro tempore (Mr. AS COSPONSOR OF H.R. 2169 TEA–LU bill up as quickly as possible. LAHOOD). Are there further amend- Mr. SANDERS. Mr. Speaker, I ask And once they get it marked up, it goes ments? unanimous consent to have my name through the Committee on Ways and If not, the question is on the com- removed as a cosponsor of H.R. 2169. Means. After that, we will bring it to mittee amendment in the nature of a The SPEAKER pro tempore. Is there the floor as quickly as possible. substitute, as amended. objection to the request of the gen- 1815 The committee amendment in the tleman from Vermont? b nature of a substitute, as amended, was There was no objection. Mr. HOYER. I thank the gentleman agreed to. f for those comments. To reiterate, the extension will be until May 30 or 31? The CHAIRMAN pro tempore. Under LEGISLATIVE PROGRAM the rule, the Committee rises. Mr. DELAY. I have not seen the ac- Accordingly, the Committee rose; (Mr. HOYER asked and was given tual language. That is being consulted and the Speaker pro tempore (Mr. permission to address the House for 1 with your side. The last I was advised, HASTINGS of Washington) having as- minute and to revise and extend his reit would probably be June 30. sumed the chair, Mr. LAHOOD, Chair- marks.) Mr. HOYER. I thank the gentleman man pro tempore of the Committee of Mr. HOYER. Mr. Speaker, I rise for for that information. the Whole House on the State of the the purpose of inquiring of the major- For Members’ planning purposes, Union, reported that that Committee, ity leader the schedule for the House does the gentleman expect to have having had under consideration the bill next week. votes next Thursday? I know we have it (H.R. 3030) to amend the Community Mr. DELAY. Mr. Speaker, will the on the schedule, but I am wondering whether or not the leader has any in- Service Block Grant Act to provide for gentleman yield? Mr. HOYER. I yield to the gentleman sight into whether or not we will need quality improvements, pursuant to from Texas. next Thursday or not. House Resolution 513, he reported the Mr. DELAY. Mr. Speaker, the House Mr. DELAY. We do not have a busy bill back to the House with an amend- will convene on Tuesday at 12:30 p.m. week on the floor for next week, but at ment adopted by the Committee of the for morning hour debates and 2 p.m. for this point we are inclined to work Whole. legislative business. We will consider through Thursday, not through Thurs- The SPEAKER pro tempore. Under several measures under suspension of day but at least Thursday morning to the rule, the previous question is or- the rules. A final list of those bills will early afternoon. This will give commit- dered. be sent to Members’ offices by the end tees an opportunity to hold hearings Is a separate vote demanded on the of this week. Any votes called on these and get some markups completed so we amendment to the committee amend- measures will be rolled until 6:30 p.m. will have legislation ready for the end ment in the nature of a substitute On Wednesday, the House will con- of February and through March. But I adopted by the Committee of the vene at 10 a.m. We plan to consider the do not expect to have a long day Thurs- Whole? If not, the question is on the Senate amendment to H.R. 743, the So- day. committee amendment in the nature of cial Security Protection Act. In addi- Mr. HOYER. Unemployment insur- a substitute. tion, we plan to consider H.R. 1561, the ance, as the gentleman knows, has The committee amendment in the U.S. Patent and Trademark Fee Mod- been a real concern, I think, of all of nature of a substitute was agreed to. ours but particularly we have raised The SPEAKER pro tempore. The ernization Act and a short extension of this issue in terms of the extension. question is on the engrossment and the highway program as well. The cur- When Congress adjourned last year, it third reading of the bill. rent extension expires at the end of failed to extend, as the gentleman The bill was ordered to be engrossed February, so we must consider a short- knows, the emergency unemployment and read a third time, was read the term extension while we are working compensation program which left 90,000 third time, and passed, and a motion to actively on TEA–LU. American workers and their families reconsider was laid on the table. Finally, I would like to remind all Members that we do not plan to have every week, which now is approxi- f votes on Friday, February 13. I will be mately 375,000 workers by the end of GENERAL LEAVE happy to answer any questions. last month, in the lurch, off of unem- Mr. MCKEON. Mr. Speaker, I ask Mr. HOYER. Mr. Speaker, I thank ployment benefits. unanimous consent that all Members the gentleman for the information he We have just passed, in my perspec- may have 5 legislative days within has given to the Members and for the tive at least, a very significant amend- which to revise and extend their re- schedule. ment which will give some hope and remarks on H.R. 3030, Improving the Mr. Leader, you indicate there will lief to these folks whose families have Community Services Block Grant Act. be a short-term extension of the high- lost at least some type of floor for The SPEAKER pro tempore. Is there way reauthorization bill scheduled for their maintenance of their families, objection to the request of the gen- next week. Can you tell us as to when the purchase of food and payment of tleman from California? the full reauthorization, the permanent rent and mortgages and things of that There was no objection. reauthorization, will be ready for con- nature. I know we just passed it, but I sideration on the floor? would be very interested in whether f Mr. DELAY. Mr. Speaker, I think the leader has any thoughts as to AUTHORIZING THE CLERK TO that the committee should be prepared whether or not it would be possible to MAKE CORRECTIONS IN EN- to mark up this very important legisla- accelerate this matter so that we could GROSSMENT OF H.R. 3030, IM- tion very shortly after the Presidents’ get it back here so that we could give PROVING THE COMMUNITY Day district work period. The 4-month relief to these families that we have SERVICES BLOCK GRANT ACT OF extension that we are talking about been talking about for many months. 2003 doing next week should not in any way Mr. DELAY. My friend considers that Mr. MCKEON. Mr. Speaker, I ask indicate that we want to postpone the amendment a very significant amend- unanimous consent that in the engross- completion of this very important bill ment. I have a different point of view. ment of the bill, H.R. 3030, the Clerk be until June. The 4-month extension that As the gentleman is surely aware, the authorized to make technical correc- we are talking about is simply to give provision that he refers to that just tions and conforming changes to the highway administrators, especially in passed is a completely new, unfunded bill. the northern States, the predictability program in a new agency with no expe- The SPEAKER pro tempore. Is there that they need to let contracts for the rience or competence to handle this objection to the request of the gen- spring and summer construction sea- issue. Frankly, it was a very clever po- tleman from California? son. litical stunt and I have to hand it to

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.053 H04PT1 H360 CONGRESSIONAL RECORD — HOUSE February 4, 2004 the gentleman, but if you look at the political stunt, with all due respect, created in December, but it was very substance of this, I cannot imagine any Mr. Leader, is incorrect. It was a con- interesting to note that 146,000 long- member of the conference committee viction, a belief, strongly held, long ad- term unemployed went off the rolls and actually voting to allow that to come vocated, that we give relief to those went to work in December alone. The out of conference. who have lost their unemployment in- trends are that jobs are going up, the I would remind the gentleman that surance benefits, just as it has been our trends are that unemployment is going the unemployment rate today is lower belief for a long period of time that we down, that jobs are being available and than it was when President Clinton and give that child tax credit to those 6.5 the long-term unemployed will be able a Democrat-controlled Congress cut off million families, those 12 million chil- to find jobs. extended unemployment benefits, and dren, those 200,000 service personnel Mr. HOYER. Reclaiming my time, in my opinion the way to help the who are not covered by the child tax Mr. Leader, I want to make this com- working class is not to grow the gov- credit. ment. I make it as an interesting com- ernment but to grow the economy and Mr. DELAY. If the gentleman will ment, that during the Clinton years, create jobs. yield, I have to correct the gentleman. the gentleman claims that it was the Mr. HOYER. Reclaiming my time, He says a long-held belief. I do not un- Republicans who created those jobs. Is and I appreciate the leader’s observa- derstand what the gentleman’s defini- it not ironic, Mr. Leader, that the Re- tion of my cleverness or the cleverness tion of ‘‘long-held belief’’ is. When his publicans cannot do that when they at least of the gentleman from Cali- party was in control in 1993 and the un- not only have the House, the Senate, fornia (Mr. GEORGE MILLER) and our employment figures were higher than but also the Presidency? Could it be side of the aisle. The most clever thing, they are now, the economy was not as that perhaps the difference was Presi- though, that we did was to get 229 peo- good as it is now, his party brought to dent Clinton? Because with total con- ple in the House of Representatives to this floor the cutting off of long-term trol, as your friend Dick Armey no- say, we need to give relief to these unemployment benefits. Yet now when ticed last time, you own the town and folks who have lost their unemploy- the economy is even better, when the have for the last 3 years. Is it not iron- ment insurance. That was the most unemployment rate is almost to full ic that you claim credit for doing it be- clever. The gentleman did not vote on employment, the gentleman feels very fore but you cannot do it now? that side of the proposition, I under- strongly, and it is not for politics, I am Mr. DELAY. I lived this history. I stand that, but 229 Members did, Re- sure, very strongly that now we have very much remember that the Bal- publicans and Democrats. I would re- to extend. So long-held beliefs are in anced Budget Act of 1996 and 1997 was spectfully suggest to the leader that the eyes of the beholder. vetoed twice by President Clinton and his observation may be correct, that Mr. HOYER. Reclaiming my time, then signed by President Clinton with the way in which this was done, be- surely the majority leader jests. Surely very little changes. The restraint on cause the rules required us to do it this the majority leader knows that Sec- spending through the whole process, way, may not be the best way to do it. retary Snow said that the administra- the Welfare Reform Act that was ve- There is a best way to do it and it can tion was going to create 200,000 jobs per toed two or three times if I remember, be done immediately, hopefully even month. Surely the gentleman knows all of the issues that actually got to by unanimous consent; simply extend, that last month the economy created, the President’s desk in those years as we have been requesting for the last in December, the last month we have were resisted by the President while he 4 months, to extend unemployment figures for, 1,000 jobs. That is one-half took credit after he signed it for every- benefits so that these folks, these of a percent of the performance that thing, including the economy. 375,000 who have lost their unemploy- the Secretary of Treasury said was Then we find ourselves coming into a ment benefits, would be covered. The going to be accomplished, 1,000 out of new administration when the recession gentleman and I may agree. This may 200,000. Surely the gentleman knows started in the old administration, and not be the best way to do it. It may that during the time period in which he this administration was saddled with a have been a clever way, as the gen- talks, the Clinton years, the 8 years, 22 recession as it came in and did exactly tleman observes, for us to get this million jobs were created. This admin- what needed to be done, along with the issue up, but as I say, the more clever istration has lost 2.5 million jobs over Republican House and Senate and, that thing was to get 229 Members of the the last 31⁄2 years. is, give the types of tax relief and eco- House, a majority of the House, to say Mr. Speaker, there is a commitment nomic policies that now we see are that we ought to be doing this. on this side of the aisle. There was the working and a growing economy that Mr. DELAY. If the gentleman will commitment in the Reagan recession, the American people are experiencing, yield, he did not use all of my quote. I there was a commitment in the first not the economy described by the other said it was a clever political stunt. Bush recession to extend. In fact, as side of the aisle. Unemployment is Members do vote sometimes, without the leader must know, we extended un- going down, jobs are going up, people questioning anybody’s motive, do vote employment benefits more frequently are finding jobs. I see no reason to ex- for political reasons or whatever rea- with Democratic votes in the Reagan tend after 26 weeks unemployment benson they may. But the truth still re- administration and in the first Bush efits. mains, and our side of the aisle feels administration than we have done in Mr. HOYER. Reclaiming my time, I very strongly that it is more important this recession, with Democratic not know that the leader believes that. He to provide jobs than unemployment. only support but leadership on those has said it before. He has voted that We understand the gentleman’s point extensions. With all due respect, Mr. way. We understand that. There is very of view. We respect his point of view. Leader, I would say that the assertion little confusion. We have a different point of view. If that somehow that Democrats are not I noted that by the President’s own this was a substantive amendment that for extending unemployment benefits admission when he spoke to the House had real teeth in it, I do not think the when we have families in trouble is and the Senate, he was saddled with a vote would have been the same. simply inaccurate. $5.6 trillion surplus. He has success- Mr. HOYER. Reclaiming my time, I would be glad to yield to the gen- fully turned that into a $4 trillion def- apparently the leader believes the 39 tleman. icit, an almost $10 trillion turnaround Republicans who voted for it voted for Mr. DELAY. I appreciate the gen- the wrong way. So in terms of being it as a political maneuver. I do not tleman yielding to me. It is not inac- saddled, Mr. Leader, the recession, by think that is the case. I do not think it curate to state that in 1993, before the the admission of the administration, was a political stunt. Clinton administration took credit for was over some many months ago and Mr. DELAY. That is not what I said. an economy that was created by a Re- we still find ourselves in a place where Mr. HOYER. There were 39 Repub- publican Congress, the Democrat-con- not only do we have 2.5 million people licans who joined over 190 Democrats trolled House cut off extended benefits. unemployed but we have some 3 mil- to say that we need to give unemploy- The gentleman knows that we can use lion people who are discouraged and ment insurance to those families who figures all over the place. The gen- are no longer on the rolls because they have lost it. To assert that that was a tleman is right, only 1,000 jobs were are no longer seeking employment.

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.103 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H361 I guess we could go on all night on Whereas nine USC football players were se- ment of human beings and society as a this. We have a different view. But I lected to the All-Pac-10 first team; whole, through the cultivation and en- really believe and would hope, as we Whereas USC won the Rose Bowl, its 21st richment of the human mind and spir- Rose Bowl victory; did in the child tax credit, that we Whereas USC scored at least 20 point in its it. USC has worked to accomplish this could certainly pass an extension to last 26 games (a school record), had a stretch mission through teaching, research, ar- take care of those 375,000 people who of 11 consecutive 30 point games (also a tistic creation, professional practice, have lost their unemployment insur- school mark) and 7 straight 40 point contests and public service. As a result, USC has ance over the last 3 months. (a Pac-10 record), and scored 534 points dur- become world-renowned in the fields of ing the season (also a Pac-10 record); f communication and multimedia tech- Whereas USC won the Associated Press na- nologies, has received national acclaim ADJOURNMENT TO FRIDAY, tional championship, its ninth national title, for its innovative community, and has FEBRUARY 6, 2004 and first in 25 years; Whereas USC women’s volleyball team fin- solidified its status as one of the Na- Mr. DELAY. Mr. Speaker, I ask unan- ished the season with an undefeated record tion’s leading research institutions. It imous consent that when the House ad- of 35–0; is the largest private employer in the journs today, it adjourn to meet at Whereas USC women’s volleyball team won City of Los Angeles, and USC physi- noon on Friday, February 6, 2004. its last 47 matches, an NCAA record; cians serve more than 1 million pa- The SPEAKER pro tempore (Mr. Whereas USC’s women’s volleyball team tients each year. RENZI). Is there objection to the re- won its 6th national championship; Today, the House of Representatives quest of the gentleman from Texas? Whereas this year’s USC’s women’s volleyball team is considered to be one of the is recognizing another exceptional There was no objection. greatest teams to have played the sport; facet of the University of Southern f Whereas USC men’s water polo team had a California, its world-class sports pro- ADJOURNMENT FROM FRIDAY, 24–3 record; gram. Whereas USC men’s water polo team won House Resolution 511 is a resolution FEBRUARY 6, 2004 TO TUESDAY, its second-ever NCAA title; that recognizes the accomplishments of FEBRUARY 10, 2004 Whereas 3 USC water polo team members the University of Southern California’s Mr. DELAY. Mr. Speaker, I ask unan- were selected as first team All-Americans; football, women’s volleyball, and men’s Whereas Coach Pete Carroll, USC football, imous consent that when the House ad- water polo teams. journs on Friday, February 6, 2004, it Coach Mick Haley, USC women’s volleyball, and Coach Jovan Vavick, USC men’s water This past year, the USC Trojans foot- adjourn to meet at 12:30 p.m. on Tues- polo, each were honored as National Coach of ball team only lost one game, which day, February 10 for morning hour de- the Year in their respective sports; and was its best record since 1978; won its bate. Whereas in the span of less than 30 days, second consecutive Pac-10 title; won The SPEAKER pro tempore. Is there USC’s football, women’s volleyball, and the Rose Bowl; and won the Associated objection to the request of the gen- men’s water polo teams brought home na- Press national football championship, tleman from Texas? tional championships, the first time ever the University’s ninth national foot- There was no objection. that USC won 3 national titles in the fall ball championship. season: Now, therefore be it f Resolved, That the House of Representa- The USC women’s volleyball team finished the season without a single DISPENSING WITH CALENDAR tives recognizes and congratulates the Uni- loss, with a record of 35 victories and WEDNESDAY BUSINESS ON versity of Southern California’s football, women’s volleyball, and men’s water polo no defeats; won its last 47 matches, WEDNESDAY NEXT teams for their superior achievements. which is an NCAA record; won its sixth Mr. DELAY. Mr. Speaker, I ask unan- The SPEAKER pro tempore (Mr. national championship; and is consid- imous consent that the business in RENZI). Pursuant to the order of the ered to be one of the greatest teams to order under the Calendar Wednesday House of Tuesday, February 3, 2004, the have played the sport. rule be dispensed with on Wednesday gentleman from California (Mr. The USC men’s water polo team fin- next. MCKEON) is recognized for 1 hour. ished the season with a record of 24 vic- The SPEAKER pro tempore. Is there GENERAL LEAVE tories with only three losses and won objection to the request of the gen- Mr. MCKEON. Mr. Speaker, I ask its second NCAA national champion- tleman from Texas? unanimous consent that all Members ship. There was no objection. may have 5 legislative days within In addition, football coach Pete Car- f which to revise and extend their re- roll, women’s volleyball coach Mick marks on H. Res. 511. Haley, and water polo coach Jovan b 1830 The SPEAKER pro tempore. Is there Vavick each were honored as National RECOGNIZING ACCOMPLISHMENTS objection to the request of the gen- Coach of the Year in their respective OF UNIVERSITY OF SOUTHERN tleman from California? sports. CALIFORNIA’S FOOTBALL, WOM- There was no objection. That is why, today, the House is con- EN’S VOLLEYBALL, AND MEN’S Mr. MCKEON. Mr. Speaker, I yield sidering House Resolution 511, so we myself such time as I may consume. WATER POLO TEAMS can congratulate the significant Mr. Speaker, I rise in support of Mr. MCKEON. Mr. Speaker, pursuant House Resolution 511, which would rec- achievements of the University of to the order of the House of February 3, ognize the accomplishments of the Uni- Southern California’s football, wom- 2004, and as the designee of the major- versity of Southern California’s foot- en’s volleyball, and men’s water polo ity leader, I call up the resolution (H. ball, women’s volleyball, and men’s teams. Their hard work and dedication Res. 511) recognizing the accomplish- water polo teams. I want to thank my to their respective sports is admirable ments of the University of Southern colleague and friend, the gentlewoman and deserves to be recognized by the California’s football, women’s from California (Ms. WATSON), for in- House of Representatives. volleyball, and men’s water polo teams, troducing this important resolution. I congratulate the University of and ask for its immediate consider- Mr. Speaker, Los Angeles was little Southern California for their incredible ation. more than a frontier town in 1880 when victories and ask my colleagues to join The Clerk read the title of the resolu- the University of Southern California me in recognizing their championship tion. first opened its doors to 53 students and teams. The text of House Resolution 511 is as 10 teachers. Then, Los Angeles still Ms. WATSON. Mr. Speaker, it is with great follows: lacked paved streets, electric lights, pride that I rise in support of House Resolution 511, which recognizes the accomplishments of H. RES. 511 telephones, and a reliable fire alarm the University of Southern California’s 2002– Whereas the USC football team went 12–1 system. Today, USC is located at the overall, its best record since 1978; heart of one of the biggest metropolises 2003 football, women’s volleyball, and men’s Whereas the USC football team won its in the world and is home to nearly water polo teams. second consecutive Pac-10 title; 30,000 students and 3,800 faculty. The University of Southern California is a Whereas five USC football players were se- The central mission of the University cornerstone of California’s 33rd Congressional lected as first team All-Americans; of Southern California is the develop- District. This institution is a magnet for diverse

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.104 H04PT1 H362 CONGRESSIONAL RECORD — HOUSE February 4, 2004 people and ideas, attracting students from all football team for winning the 2003 Na- There was no objection. 50 States and more than 100 foreign coun- tional Collegiate Athletic Association Mr. HOEKSTRA. Mr. Speaker, I yield tries. In fact, USC is ranked as one of the Division II Football National Cham- myself such time as I may consume. most diverse private research universities in pionship, and ask for its immediate Mr. Speaker, I rise today to con- the Nation. As an educator, I am inspired by consideration. gratulate the Grand Valley State Uni- USC’s commitment to academic excellence. The Clerk read the title of the resolu- versity Lakers football team who, on The university’s dedication to the highest tion. December 3, 2003, defended their NCAA standards is also reflected in its sports pro- The text of House Resolution 498 is as Division II national football champion- grams, which consistently produce some of follows: ship by defeating the University of the best student-athletes in the nation. H. RES. 498 North Dakota Fighting Sioux 10 to 3. Mr. Speaker, today I rise to honor the first Whereas on December 13, 2003, the Grand The 2003 national champions fought three teams in USC’s history to win champion- Valley State University Lakers football through the playoffs with a tight de- ships in the same fall season. Incredibly, all team won the 2003 National Collegiate Ath- fense that limited its final three play- letic Association (NCAA) Division II Foot- off opponents to a field goal each. The three squads also feature coaches who are ball National Championship by defeating the National Coach of the Year honorees. title match-up was a close, dramatic University of North Dakota Fighting Sioux contest that pitted the 14 and 1 GVSU The USC Trojan football team has shown by a score of 10 to 3; unique skill, charisma, dedication and love for Whereas the 2003 Championship was the Lakers against the 12 and 2 Fighting the sport. The Trojans accumulated a 12–1 Lakers’ second consecutive national title Sioux. Ultimately, the Lakers emerged record while competing against some of the and third straight championship game ap- victorious after intercepting North Da- best programs in the country. The football pearance; kota in the shadow of their own end Whereas the Lakers are only the sixth team secured its second consecutive Pac-10 zone with 20 seconds remaining in the team in NCAA Division II football history to fourth quarter, spoiling a last-minute, title, won the Rose Bowl, its 21st Rose Bowl win consecutive national titles; come-from-behind attempt. win, and was awarded the national champion- Whereas the Lakers finished the season Grand Valley State picked up its ship by the Associated Press, its ninth national with a record of 14 wins and 1 loss; 240th win in school history with a vic- title, and first in 25 years. Five USC football Whereas the Lakers have compiled a total of 41 wins and 2 losses over the last three tory over the Fighting Sioux. Before a players were selected as first team All-Ameri- national audience, Grand Valley State cans and nine team members were selected years; Whereas 14 members of the Lakers football University avenged its heartbreaking to the All-Pac-10 first team. Football coach team earned All-Great Lakes Intercollegiate 17–14 loss to the same Fighting Sioux Pete Carroll also received two more national Athletic Conference honors, 8 of whom were in the 2001 title match-up. championship trophies from the Football Writ- selected to the first team; Finally, I would like to congratulate ers Association of America (The Grantland Whereas Lakers football team members the students, alumni, faculty, and Rice Trophy) and The Sporting News. Scott Mackey, Keyonta Marshall, David nearly 5,000 fans of Grand Valley State The Women of Troy volleyball team capped Hendrix, Michael Tennessee, and Lucius Hawkins were honored as All-Americans for who trekked to Braly Municipal Sta- an undefeated (35–0) season to capture its dium in Florence, Alabama, to cheer on second consecutive NCAA crown, the first the 2003 season by the Internet website D2Football.com; their Lakers during a cold and rain- time in the history of USC women’s volleyball, Whereas the Lakers set a Great Lakes soaked afternoon. and its sixth national championship. The team Intercollegiate Athletic Conference single- Mr. Speaker, I will include for the also became the first repeat champion to go season record for attendance, drawing 52,225 RECORD the full roster of this national undefeated. Many consider this year’s wom- total fans in the 2003 season; championship team and their coaching en’s volleyball team to be one of the greatest Whereas the Lakers won their 240th game staff. teams to have played the game. in school history with their victory in the Mr. Speaker, I yield such time as he The USC men’s water polo team, with a 24– 2003 championship game; and may consume to the gentleman from 3 record, won its second-ever NCAA title. Whereas the Lakers’ display of strength, ability, and perseverance this season has Michigan (Mr. EHLERS). Three of the water polo team members were made the State of Michigan proud: Now, Mr. EHLERS. Mr. Speaker, I thank selected as first team All-Americans. therefore, be it the gentleman for yielding me time. Mr. Speaker, I congratulate USC President Resolved, That the House of Representa- Mr. Speaker, I rise today in support Steven Sample, Athletic Director Mike Garrett, tives— of H. Res. 498, to honor the players, Coach Pete Carroll, USC football, Coach Mick (1) congratulates the Grand Valley State coaches, and staff of the Grand Valley Haley, USC women’s volleyball, and Coach University Lakers football team for winning State University football team, which Jovan Vavick, USC men’s water polo, for a the 2003 National Collegiate Athletic Asso- won its second consecutive NCAA Divi- ciation Division II Football National Cham- sion II national championship on De- season to remember. pionship; Mr. MCKEON. Mr. Speaker, I yield (2) recognizes the achievements of the cember 13, 2003. back the balance of my time. players, coaches, and staff of the Lakers Rising to the top of one’s field of en- The SPEAKER pro tempore. All time football team and invites them to the United deavor, whatever that endeavor is, is for debate has expired. States Capitol to be honored in an appro- an accomplishment worthy of praise in Pursuant to the order of the House of priate manner; and of itself. However, repeating that Tuesday, February 3, 2004, the resolu- (3) requests that the President recognize accomplishment is an even more dif- tion is considered read for amendment the accomplishments of the Lakers football ficult achievement. When you attempt and the previous question is ordered. team and invite the team to the White House to maintain that top spot, everyone for a ceremony in honor of their National The question is on the resolution. Championship; and else has you in their sights. You are The resolution was agreed to. (4) directs the Clerk of the House of Rep- the focus of their efforts to wrest the A motion to reconsider was laid on resentatives to transmit a copy of this reso- trophy from your grasp. That is what the table. lution to Grand Valley State University for makes the achievements of the 2003 f appropriate display. Lakers football squad all the more impressive. CONGRATULATING GRAND VALLEY The SPEAKER pro tempore. Pursu- ant to the order of the House of Tues- Coach Brian Kelly and his staff led STATE UNIVERSITY LAKERS day, February 3, 2004, the gentleman their squad of young men through a FOOTBALL TEAM FOR WINNING from Michigan (Mr. HOEKSTRA) is rec- difficult nonconference and conference 2003 NATIONAL COLLEGIATE ATH- ognized for 1 hour. schedule, then marched through the LETIC ASSOCIATION DIVISION II GENERAL LEAVE playoffs to face the University of North FOOTBALL NATIONAL CHAM- Mr. HOEKSTRA. Mr. Speaker, I ask Dakota in the NCAA Division II cham- PIONSHIP unanimous consent that all Members pionship game, a game they lost to the Mr. HOEKSTRA. Mr. Speaker, pursu- may have 5 legislative days within University of North Dakota just 2 ant to the order of the House of Feb- which to revise and extend their re- years previously. ruary 3, 2004, and as the designee of the marks on H. Res. 498. This time, the Lakers, led by All- majority leader, I call up the resolu- The SPEAKER pro tempore. Is there American selections Scott Mackey, tion (H. Res. 498) congratulating the objection to the request of the gen- Keyonta Marshall, David Hendrix, Mi- Grand Valley State University Lakers tleman from Michigan? chael Tennessee and Lucius Hawkins,

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.056 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H363 defeated the Fighting Sioux 10 to 3, to Whereas the University of Delaware team day, February 3, 2004, the gentleman complete what arguably could be called was led by co-captains Mike Adams and from Delaware (Mr. CASTLE) is recog- the most successful 3-year run for a Jason Nerys and All-American quarterback nized for 1 hour. Andy Hall; college football team in the State of GENERAL LEAVE Whereas the roster of the University of Michigan. GVSU has rolled up a 41–2 Delaware team also included Dominic Mr. CASTLE. Mr. Speaker, I ask record in three seasons, reaching the Santoli, Germaine Bennett, G.J. Crescione, unanimous consent that all Members national championship game each year Roger Brown, Antwan Jenkins, David Boler, may have 5 legislative days within and winning the championship twice. Brian Ingram, Justin Long, Ryan which to revise and extend their re- Congratulations to the players, the McDermond, Ryan Carty, T.J. DiMuzio, Zach marks on H. Con. Res. 355. coaches and staff, the students and the Thomas, Terry Kelly, Brad Michael, Dave The SPEAKER pro tempore. Is there faculty of Grand Valley State Univer- Camburn, Joe Bleymaier, Mike Weber, Ryan objection to the request of the gen- sity. This jewel of a school, with cam- Trask, Brad Shushman, Sean Bleiler, Leon tleman from Delaware? Clarke, Brent Steinmetz, Ben Cross, Law- puses in Allendale in the district of the rence Jones, Jamie Rotonda, Nicos Chivis, There was no objection. gentleman from Michigan (Mr. HOEK- Lonnie Starks, Drew Kisner, Kyle Campbell, Mr. CASTLE. Mr. Speaker, I yield STRA), and Grand Rapids in my district, Jeremy Kametz, Jeffrey Robinson, Maguell myself such time as I may consume. is a wonderful institution, not only for Davis, Bryan Tingle, Lou Samba, Andy Mr. Speaker, it is with great pleasure its athletic achievements, but also for Snapp, Anthony Cinelli, Niquan Lee, John that I rise today to pay tribute to some its academic pursuits. Its contributions Nauss, Rashaad Woodard, John Mulhern, very impressive Delaware athletes, the to the West Michigan community are KeiAndre Hepburn, Kevin Pulley, Sidney University of Delaware Fighting Blue too many and too far-reaching to enu- Haugabrook, Dominic Madigan, Antoinie Hens football team, which on December McClure, Jeffrey Thompson, Blake Ander- 19, 2003, beat Colgate University to win merate here today, but we commend son, Mark Moore, Craig Browne, Marquez University President Mark Murray and Davis, Nick Iarrobino, Mike Buchman, the NCAA Division I-AA national the Grand Valley State University Mondoe Davis, Andrew Wilson, Marco championship at Max Finley Stadium Board of Trustees for providing stellar Kristen, George Potts, Mike Bingnear, Mark in Chattanooga, Tennessee. As I was leadership for this wonderful public in- Ciavirella, Greg Benson, Brett Wharton, there, I can tell you it was about 28 de- stitution. Brendon Morfe, Rich Beverley, Tom Parks, grees and blowing and snowing during Mr. HOEKSTRA. Mr. Speaker, I have Chris Edwards, Scott Conley, Chris Korkuch, the entire game. no further requests for time, and I Trip DelCampo, Brian Sims, Jared Wray, This was the first national champion- yield back the balance of my time. Paul Thompson, Bobby Delacy, Joe Cordrey, ship for the University of Delaware The SPEAKER pro tempore. All time Jesse O’Neill, Brian Jennings, Vince since 1979 and its very first in Division Mumford, Michael Taylor, Steve Selk, Rick for debate has expired. Lavelle, Richard Washington, Nat Bell, Chris I-AA. Pursuant to the order of the House of Mooney, Shawn Johnson, Bubba Jespersen, Throughout the season, the Blue Hen Tuesday, February 3, 2004, the resolu- Sean Sweeney, and Randall James; team impressed, inspired, and awed tion is considered read for amendment Whereas second-year head coach K.C. Delawareans by their dedication, hard and the previous question is ordered. Keeler enjoyed one of the most outstanding work, and immense talent. In my opin- The question is on the resolution. seasons in college football by setting a ion, this was a perfect ending to an ab- The resolution was agreed to. school record for wins in a season with a solutely stellar season, led by head A motion to reconsider was laid on mark of 15–1; coach K.C. Keller and his fine group of the table. Whereas Coach Keeler and his coaching staff, including Kirk Ciarrocca, Dave Cohen, athletes. Each and every person who f Bryan Bossard, Kyle Flood, Paul Williams, contributed to this win deserves to be CONGRATULATING UNIVERSITY OF Rob Neviaser, Rick Brown, Brian Ginn, Craig recognized, obviously the coaching DELAWARE MEN’S FOOTBALL Cummings, Frank Law, Brandon Walker, staff led by Coach Keller and all the TEAM FOR WINNING NATIONAL Mike Marks, Russell Barbarino, Dr. Vincent others for their leadership and encour- Disabella, Keith Handling, Joan Couch, de- agement of these athletes. And, of COLLEGIATE ATHLETIC ASSOCIA- serve much credit for the outstanding deter- TION I-AA NATIONAL CHAMPION- course, the players who worked so very mination and accomplishments of their hard as a team, inspiring each other to SHIP young team; Whereas fans across the State of Delaware reach the goal they set for themselves. Mr. CASTLE. Mr. Speaker, pursuant There are so many really great play- to the order of the House of February 3, have supported the team over the course of the season and more than 6000 Delawareans ers on the team, so many great coach- 2004, and as the designee of the major- traveled to Tennessee to watch the cham- es, and the same is true of this whole ity leader, I call up the concurrent res- pionship game; division of I-AA football, and particu- olution (H. Con. Res. 355) congratu- Whereas the Blue Hen football program en- larly the University of Delaware foot- lating the University of Delaware compasses all the facets of university life, ball team. I know all Delawareans join men’s football team for winning the including growth of character, academic in- me, because I know all Delawareans National Collegiate Athletic Associa- volvement, campus involvement, and grad- follow this football team and join me tion I-AA national championship, and uation; and Whereas the students, alumni, faculty, and in congratulating them on what they ask for its immediate consideration. have done. The Clerk read the title of the con- supporters of the University of Delaware are to be congratulated for their commitment The families and friends, who come current resolution. and pride in their national champion men’s from as far as California and other The text of House Concurrent Resolu- football team: Now, therefore, be it places in the country to follow the tion 355 is as follows: Resolved by the House of Representatives (the team, also deserve a tremendous H. CON. RES. 355 Senate concurring), That the Congress— amount of credit. As one who attended (1) congratulates the University of Dela- Whereas on Friday, December 19, 2003, the practically every home game, the Navy University of Delaware Blue Hens men’s ware men’s football team for winning the 2003 National Collegiate Athletic Association game, when they beat Navy, and a few football team won its sixth national title; other games even away, I will tell you Whereas the University of Delaware won Division I-AA football national champion- the championship game by defeating the ship; that it was a wonderful season of great Colgate University 40–0; (2) recognizes the achievements of all the significance to the people of my small Whereas the Blue Hens swept through the team’s players, coaches, and support staff; State and to the wonderful University Division I-AA playoffs, outscoring opponents (3) directs the Clerk of the House of Rep- of Delaware. by a combined score 149–23 in victories over resentatives to make available enrolled cop- And they won by big scores, Mr. Southern Illinois, Northern Iowa, and ies of this resolution to the University of Speaker. It almost looks like a dynasty Delaware for appropriate display and to Wofford; in the making, by much bigger scores Whereas the Blue Hens captured their sev- transmit an enrolled copy of this resolution to each coach and member of the 2003 Na- than anything else we have seen in the enth Atlantic 10 Football Conference title, course of this year. For that reason, we were named winners of the Lambert Cup as tional Collegiate Athletic Association Divi- the top team in the East for the 18th time sion I-AA men’s football national champion- have great hopes for next year and into and were named Eastern College Athletic ship team. the future for this great heartwarming Conference (ECAC) Team of the Year for the The SPEAKER pro tempore. Pursu- experience of the University of Dela- 10th time; ant to the order of the House of Tues- ware Fighting Blue Hens football team.

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.109 H04PT1 H364 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Mr. Speaker, I urge swift passage of Whereas the Wake Forest University field record, 2 NCAA championships, 4 final- H. Con. Res. 355. hockey team had more members honored as 4 appearances, and 2 ACC champion- Mr. Speaker, I yield back the balance All-Americans than any other collegiate ships. The team won the 2003 ACC reg- of my time. field hockey team in the Nation; ular season, ACC tournament, and the Whereas Head Coach Jennifer Averill was The SPEAKER pro tempore. Pursu- named the Field Hockey Coach of the Year NCAA tournament, only the second ant to the order of the House of Tues- for 2002 and 2003 by the National Field Hock- time any athletic team at Wake Forest day February 3, 2004, the concurrent ey Coaches Association; has achieved such an accomplishment. resolution is considered read for Whereas the Wake Forest University field The only other team in school history amendment and the previous question hockey team has displayed outstanding dedi- that shares its distinction with last is ordered. cation, teamwork, and sportsmanship year’s field hockey team was in fact The question is on the concurrent throughout the season in achieving colle- the famous golf team of Jay Haas, Cur- resolution. giate field hockey’s highest honor; and tis Strange, and Lanny Wadkins who Whereas the Demon Deacons have brought The concurrent resolution was agreed pride and honor to the Wake Forest Univer- won back-to-back NCAA champion- to. sity community and to the State of North ships for Wake Forest. A motion to reconsider was laid on Carolina: Now, therefore, be it Mr. Speaker, this resolution is but the table. Resolved, That the House of Representa- one of many awards and accolades f tives— these young ladies will receive this (1) commends the Wake Forest University year. As true student athletes, though, COMMENDING WAKE FOREST UNI- Demon Deacons field hockey team for win- they will all receive the most valuable VERSITY DEMON DEACONS ning the 2003 National Collegiate Athletic award after completing their studies: a FIELD HOCKEY TEAM FOR WIN- Association (NCAA) Division I Field Hockey Championship; degree from one of the most prestigious NING 2003 NATIONAL COLLE- and respected universities in the coun- GIATE ATHLETIC ASSOCIATION (2) recognizes the achievements of all the field hockey team’s players, coaches, and try. DIVISION I FIELD HOCKEY CHAM- staff and invites them to the United States I want to also congratulate the ath- PIONSHIP Capitol to be honored in an appropriate man- letic director, Ron Wellman, and the Mr. BURR. Mr. Speaker, pursuant to ner; school president, Tom Hearn, and the the order of the House of February 3, (3) requests that the President recognize entire Wake Forest community and 2004, and as the designee of the major- the field hockey team’s accomplishments wish the field hockey team the best of and invite the team to the White House for ity leader, I call up the resolution (H. a ceremony in honor of their National Cham- luck as they seek their third consecu- Res. 497) commending the Wake Forest pionship; and tive title next fall. University Demon Deacons field hock- (4) directs the Clerk of the House of Rep- Mr. Speaker, before I relinquish my ey team for winning the 2003 National resentatives to make available a copy of this time, since we will in a few minutes ac- Collegiate Athletic Association Divi- resolution to Wake Forest University for ap- knowledge the great success of the New sion I Field Hockey Championship, and propriate display. England Patriots and their victory in ask for its immediate consideration. The SPEAKER pro tempore. Pursu- the Super Bowl, let me take this oppor- The Clerk read the title of the resolu- ant to the order of the House of Tues- tunity to say as a football fan and as a tion. day, February 3, 2004, the gentleman Carolina Panthers fan that I congratu- The text of House Resolution 497 is as from North Carolina (Mr. BURR) is rec- late the Patriots, and I also think that follows: ognized for 1 hour. for football fans across this country, H. RES. 497 GENERAL LEAVE regardless of their allegiance, it was Whereas on November 23, 2003, the Wake Mr. BURR. Mr. Speaker, I ask unani- one of, if not the best, Super Bowls in Forest University Demon Deacons field mous consent that all Members may history. hockey team won the 2003 National Colle- have 5 legislative days within which to Mr. FRANK of Massachusetts. Mr. giate Athletic Association (NCAA) Division I revise and extend their remarks on H. Speaker, will the gentleman yield? Field Hockey Championship, the second con- Res. 497. Mr. BURR. I yield to the gentleman secutive National Championship for the from Massachusetts. Wake Forest University field hockey team; The SPEAKER pro tempore. Is there objection to the request of the gen- Mr. FRANK of Massachusetts. Mr. Whereas the Demon Deacons defeated the Speaker, I thank the gentleman for Duke University Blue Devils by a score of 3 tleman from North Carolina? to 1 in the 2003 Championship match in Am- There was no objection. yielding. As the Member who has the herst, Massachusetts; Mr. BURR. Mr. Speaker, I yield my- honor of representing the district in Whereas the Demon Deacons defeated the self such time as I may consume. which the Patriots play their home Pennsylvania State University Nittany Mr. Speaker, as a proud alumni and games, I very much appreciate, as I Lions by a score of 2 to 0 in the 2002 NCAA as a former athlete of Wake Forest know the team does, the graciousness Championship match in Louisville, Ken- University, it is my privilege to bring of the gentleman’s remarks. tucky; before this House this resolution. Mr. OLVER. Mr. Speaker, western Massa- Whereas the Demon Deacons are only the chusetts has long been known to all in the third team in NCAA Division I Field Hockey On November 23, 2003, the Wake For- history to win back-to-back National Cham- est University field hockey team won sport of field hockey as a place to look for the pionships; the NCAA Division I–A field hockey rising stars of the game. Wake Forest Univer- Whereas the Demon Deacons began and championship by a score of 3 to 1 over sity was lucky to get two of our best, Kelly ended the year as the number one ranked the Duke Blue Devils. Having also won Doton of Greenfield and Kelly Dostal of Hat- college field hockey team in the Nation; the 2002 championship, the Lady Dea- field. Whereas the Demon Deacons finished the cons became only the third school in I have no doubt that the successes both season with a record of 22 wins and 1 loss, Division I history to have won back-to- Kelly Doton and Kelly Dostal accomplished at outscoring their opponents 96 to 13 and win- back championships. Greenfield High School and Smith Academy ning 95 percent of their games, achieving the paved their way for winning the NCAA Division best record in the Nation and in Wake Forest The team was led by 2002 and 2003 University history; Coach of the Year, Jennifer Averill, I Field Hockey Championship. Their contribu- Whereas the field hockey team is the only and 2003 All-Americans Kelly Dostal, tions to the Wake Forest team earned them team in the history of Wake Forest Univer- Kelly Doton, Katie Ridd, and Lucy both All-American honors. sity athletics to win the Atlantic Coast Con- Shaw. In December, the United States National ference regular season and tournament Field Hockey Association named Kelly Doton championships and the NCAA Championship b 1845 National Player of the Year. This award came in the same year, accomplishing the feat in The Deacons started and finished the after an exceptional career at Wake Forest both the 2001–02 and 2002–03 seasons; season ranked number one by the Na- that included being named to the NCAA All- Whereas Wake Forest University field tional Field Hockey Coaches Associa- hockey team members Kelly Dostal, Kelly Tournament team four consecutive years and Doton, Katie Ridd, and Lucy Shaw were hon- tion. They outscored their opponents 96 receiving the ACC Player of the Year award ored as All-Americans for the 2002–03 season to 13, and they finished the year with a for 2002 and 2003. by the National Field Hockey Coaches Asso- record of 22 and 1. The seniors finished Kelly Dostal has enjoyed similar success at ciation; their careers with an overall 88 and 12 Wake Forest. The Hatfield, MA, native was the

VerDate jul 14 2003 02:44 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.111 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H365 country’s leading field hockey scorer this past day, February 3 of 2004, the gentleman Before the game begins, the St. John’s season. Kelly is also the youngest player to from Minnesota (Mr. KENNEDY) is rec- men’s chorus sings the National An- have ever been named to the U.S. National ognized for 1 hour. them and the Johnny Fight Song, and Team. There is no doubt that Kelly will con- Mr. KENNEDY of Minnesota. Mr. all former men’s chorus singers, includ- tinue her long list of accomplishments in her Speaker, I yield myself such time as I ing me, get a chance to come down and last season this fall. may consume. join in. Every player that goes out for I extend my congratulations to both Kelly Mr. Speaker, I rise today to honor the football team dresses for home Doton and Kelly Dostal for their individual and and congratulate the St. John’s Uni- games and the sidelines are filled with team accomplishments. Greenfield, Hatfield, versity football team from Collegeville, over 150 players. John Gagliardi joked and all of the First District of Massachusetts Minnesota on their NCAA Division III to me that St. John’s is the only team are proud of their acomplishments. National Championship. that gets penalties for having 2 players Mr. BURR. Mr. Speaker, I have no The Johnnies were underdogs in the with the same number on the field at further requests for time, and I yield championship game against Mount the same time, because John plays ev- back the balance of my time. Union College of Alliance, Ohio on De- eryone he can. The SPEAKER pro tempore (Mr. cember 20, 2003, because Mount Union But the tradition at St. John’s goes RENZI). Pursuant to the order of the entered the game with an NCAA well beyond the football team. It ex- House of Tuesday, February 3, 2004, the record, a 55-game winning streak, and tends to the classrooms and to the resolution is considered as read for had won 109 of their 110 previous monastery. Players are expected to be amendment and the previous question games. student athletes and many of them go is ordered. But as senior wide receiver Blake El- on to success in a wide variety of their The question is on the resolution. liott, winner of the Gagliardi Trophy chosen careers. In fact, during John’s The resolution was agreed to. said, all it took was 52 guys believing, 51 years coaching at St. John’s, no A motion to reconsider was laid on and believe they did, and so did the player has failed to graduate, and most the table. other players, students, professors, do so in 4 years. f monks, alums like myself and my fam- Student life at St. John’s is inter- CONGRATULATING ST. JOHN’S UNI- ily, and proud parents in Minnesota twined with the monastery life, as VERSITY ON WINNING THE 2003 scattered throughout the country and many of the resident directors and the NCAA DIVISION III FOOTBALL on that frigid field in Virginia. professors are monks living at the on- NATIONAL CHAMPIONSHIP The Johnnies put on quite a show for campus monastery. Monks attend the the fans of all ages. For the 3 chartered Mr. KENNEDY of Minnesota. Mr. games and are said to, on more than planes full of St. John’s faithful who Speaker, pursuant to the order of the one occasion, tell the coaching staff braved the Minnesota-like weather on House of February 3, 2004, and as the that if the players just get the ball the East Coast and the many more designee of the majority leader, I call close enough, they will pray it in. This watching on nationally televised TV, up the resolution (H. Res. 493) con- partnership shows the camaraderie, St. John’s put on a great game. They gratulating the St. John’s University, team spirit, and drive that leads to the finished a perfect 14 and 0 season with Collegeville, Minnesota, football team success that is alive and the students a 24–6 victory in the 2003 Amos Alonzo on winning the 2003 NCAA Division III that play football for St. John’s year Stagg Bowl, the Division III champion- Football National Championship, and after year, and it is one we celebrate ship game. This team victory capped ask for its immediate consideration in here today. off a season that also saw Coach John the House. Therefore, I once again congratulate Gagliardi become the all-time The Clerk read the title of the resolu- the players, coaches, parents, and all of winningest football coach in NCAA his- tion. those associated with St. John’s on the The text of House Resolution 493 is as tory, earning him a trip to the White team’s national championship and en- follows: House. This is St. John’s fourth na- courage the House to pass this resolu- tional championship in school history, H. RES. 493 tion. and highlights the tradition that has Whereas St. John’s University defeated Mr. Speaker, I yield back the balance Mount Union College of Alliance, Ohio, by a brought national attention to St. of my time. score of 24–6 in the 2003 Amos Alonzo Stagg John’s and its partner school, the Col- The SPEAKER pro tempore. Pursu- Bowl on Saturday, December 20, 2003; lege of St. Benedict in west central ant to the order of the House of Tues- Whereas St. John’s finished the season 14– Minnesota. They are both exceptional day, February 3, 2004, the resolution is 0 and is the winningest football program all- liberal arts schools with a proud Catho- considered as read for amendment and time in Division III at 508–213–24 in their 93 lic Benedictine tradition. the previous question is ordered. seasons; I am proud to have been able to have The question is on the resolution. Whereas this is St. John’s first national followed closely each of the last two The resolution was agreed to. championship since 1976 and fourth in school St. John’s championship seasons. I was history; A motion to reconsider was laid on Whereas this football championship capped a student for the most recent cham- the table. pionship in 1976 and now am proud to a season in which St. John’s Coach John f Gagliardi became the all-time winningest represent St. John’s in my congres- football coach in NCAA history; sional district. As an alum and a fan of CONGRATULATING THE NEW ENG- Whereas Blake Elliott, St. John’s senior St. John’s football, I try to make as LAND PATRIOTS FOR WINNING wide receiver, was the recipient of the 2003 many games as possible. The alums, SUPER BOWL XXXVIII Gagliardi trophy as the outstanding Division professors, monks, local fans, and stu- Mr. BRADLEY of New Hampshire. III college football player; dents alike watched the Johnnies play Whereas the St. John’s University John- Mr. Speaker, pursuant to the unani- nies snapped Mount Union’s NCAA-record 55- football in the recently renovated mous consent request of February 3, game winning streak in the championship Clemens Stadium, set in a beautiful 2004, I call up the Resolution (H. Res. game; and natural bowl that seats about 5,000 512) congratulating the New England Whereas three chartered planes full of fans; although many more attend the Patriots for winning Super Bowl loyal St. John’s fans were among the 5,073 games, like the 13,000 fans that at- XXXVIII, and ask for its immediate people who watched the Stagg Bowl in the tended the game against Bethel College consideration in the House. freezing cold of Salem, Virginia, and many to break the all-time coach and win The Clerk read the title of the resolu- more watched the nationally televised game: record, as anybody who comes to the Now, therefore, be it tion. Resolved, That the United States House of stadium can get in. The text of House Resolution 512 is as Representatives congratulates the St. John’s The St. John’s tradition is woven follows: University, Collegeville, Minnesota, football into these games, which can become H. RES. 512 team on winning the 2003 NCAA Division III more of a reunion than a mere football Whereas, on February 1, 2004, at Reliant Football National Championship. game, where fathers and grandfathers Stadium in Houston, Texas, the New Eng- The SPEAKER pro tempore. Pursu- who played for St. John’s come to land Patriots defeated the Carolina Panthers ant to the order of the House of Tues- watch their sons and grandsons play. 32–29 in Super Bowl XXXVIII;

VerDate jul 14 2003 02:52 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.055 H04PT1 H366 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Whereas this victory is the second world Let us be clear. To do what any pro- made not only this season possible, but championship for the Patriots in the last fessional football team does, particu- others in the past. It starts with the three years, the first being a 20–17 victory larly to do what the Patriots do, re- ownership of the New England Patri- over the St. Louis Rams in Super Bowl quires a degree of discipline and dedi- ots. Mr. Bob Kraft and his sons have XXXVI; Whereas the Patriots’ victory over the cation and willingness to do hard phys- just done a tremendous job bringing Panthers is the fifteenth straight victory for ical work in very adverse weather con- back first-class football to New Eng- New England, setting franchise records for ditions. They are very well coached. land and keeping the franchise in Mas- consecutive wins and most wins in a season; The ownership of the team deserves sachusetts. And were it not for the Whereas Coach Bill Belichick, stressing credit. Kraft ownership and all of the things teamwork and determination, led his players I will make just one political point. I that they have done to make this pos- to the best record in the National Football am very proud to note that the sta- sible, we would not be seeing that suc- League through the regular season with a 14– dium in which they won so many of cess today. 2 mark; their games and from which they went The coaching staff led by Bill Whereas the Patriots’ ability to win de- out to win the Super Bowl champion- Belichick has done just a stupendous spite serious injuries is a testament to the coaching staff and the team’s desire to once ship, in the town of Foxborough, Mas- job of putting together unique individ- again hoist the Lombardi Trophy; sachusetts that I represent, was not uals and making the team function as Whereas quarterback Tom Brady was se- built with public money. This is an in- something that is greater than the sum lected as the Super Bowl’s Most Valuable dication that there is no need to go to of all of the parts. Player for the second time, becoming the the taxpayers to get money to build But Bill Belichick cannot do it by youngest quarterback to win two Super public stadiums. There is an ability to himself. He has a tremendous staff in Bowls and two Super Bowl MVP awards; and do that when a team is well-run and the front office all the way down to the Whereas all of New England is proud of the well-managed and well-owned by pri- trainers and the people that work in accomplishments of the entire Patriots orga- public relations. From the top to bot- nization and the dedication of the ever faith- vate capital. ful New England fans throughout the 2003– So I really want just again to say tom, the Patriots’ organization is a 2004 NFL season, Now, therefore, be it how proud the people, not just of the tremendously well-run organization. Resolved, That the House of Representa- town of Foxborough or my district or The players are, bar none, the best tives commends the World Champion New northern Massachusetts are, but all team in the league. And when Adam England Patriots for their extraordinary vic- over New England, as my colleague Vinatieri kicked that field goal, even tory in Super Bowl XXXVIII. from New Hampshire makes clear, be- though he had missed 2 already that The SPEAKER pro tempore. Pursu- cause as the team is the New England afternoon, you knew that he was going ant to the order of the House of Tues- Patriots, we had to import somebody to kick the third one and that we day, February 3, 2004, the gentleman from New Hampshire, because Massa- would win again. from New Hampshire (Mr. BRADLEY) is chusetts is incapable at this point just b 1900 recognized for 1 hour. technically of bipartisanship on our Also, in need of being saluted are Mr. BRADLEY of New Hampshire. own. But I really appreciate the gen- long time announcers Gil Santos and Mr. Speaker, before I yield myself such tleman from New Hampshire’s coopera- Gino Cappelletti, the voices of the New time as I may consume, for purposes of tion, and congratulations to the New England Patriots who for many, many debate only, I yield 30 minutes to the England Patriots for doing an impor- years kept the faith alive. gentleman from Massachusetts (Mr. tant thing so well. Mr. Speaker, I yield back the balance And perhaps the most important peo- FRANK). ple that need to be celebrated are the Mr. FRANK of Massachusetts. Mr. of my time. Mr. BRADLEY of New Hampshire. fans of New England who have never Speaker, I thank my colleague and given up on their team not only this friend from New Hampshire for his gra- Mr. Speaker, I yield myself such time as I may consume. year but for the last several years and ciousness in yielding to me, and I yield braved the coldest of cold weather, the myself such time as I may consume. I Mr. Speaker, I thank my colleague from Massachusetts (Mr. FRANK) for snowiest of snowy days, and were out- am glad to be along with him and sponsoring this resolution saluting the numbering the Carolina fans in Hous- many of our colleagues from New Eng- New England Patriots in their second ton last week by 100 to 1. land cosponsoring this resolution con- Super Bowl championship in the last 3 But as we celebrate the Patriots, let gratulating the New England Patriots years, and I yield myself such time as us also not forget the fine teams that on their second Super Bowl title in 3 I may consume. they beat all year, starting with the years. It is indeed an honor to be able to Carolina Panthers who no one gave a I have said this before, Mr. Speaker. stand here tonight, Mr. Speaker, and chance to be successful in the Super In the profession which we have chosen talk not only as a fan but as a person Bowl last week who played a tremen- and are lucky enough to have had some from New England about what it means dous game. It was one of the greatest success in, we sometimes find ourselves to our region to be able to salute these games in the history of the National being blamed for things that are not New England Patriots. We are always Football League. our fault. But those occasions are off- grateful in New England, having rooted The Patriots also beat two other fine set by those times when we can bathe for the Red Sox for so long and wit- teams in the playoffs: the Indianapolis in entirely unearned glory. nessed so many heartbreaking seasons, Colts and the Tennessee Titans and had The New England Patriots, as they for well-coached, well-run, well-orga- a tremendous regular season where now are, are an excellent team that did nized teams that win and bring home they won 12 in a row and then three a superb job, well coached; they dealt the ring. playoff games. Hopefully, we will con- with injuries, they held together, com- So many individuals need to be sa- tinue this next year and do it one game piled a superb record. And those who luted, but it is important to note that at a time. represent New England in Congress get when we talk about the New England Mr. Speaker, I yield such time as he to stand up here and bathe in their Patriots, we talk about teamwork. We may consume to the gentleman from glory. I am grateful to them for win- talk about cooperation. We talk about Massachusetts (Mr. MEEHAN). ning the championship and for the fact individuals in high-profile positions Mr. MEEHAN. Mr. Speaker, I thank that we can do that. subverting themselves to the greater the gentleman from New Hampshire I do not think politicians ought to good of the team, and that has always (Mr. BRADLEY) for yielding. And when I insinuate ourselves into professional been the history of this team that had was over at my office and you were sports. It has been my experience that to recover from injuries, that had to praising the fans who had braved the at professional sports events, the need- recover from the loss of major free cold weather those two playoff games, ed ones are the fans. So we are not try- agents at the beginning of the season I said he must be talking about me. I ing to do that. What we are doing and still, despite those setbacks, were have been a season ticket holder since jointly is to pay our respects to a able to win. 1986. So I wanted to come to the floor group of very dedicated, hardworking But it is also important for us to and join you in giving credit to this young men. note several individuals that have outstanding organization.

VerDate jul 14 2003 02:52 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.068 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H367 And the interesting thing about it is er was because I was wearing Malden Portola Drive in San Mateo, to the fields at when Robert Kraft and his family Mills Polar Tec, which is a great prod- Juniperro Serra High, to the University of bought this franchise, they were lit- uct that you and I have worked to- Michigan, to the National Football League and erally headed to St. Louis. In fact, the gether to try to help that company. being named Most Valuable Player of Super Kraft family could have made a lot of That is why I was so warm during Bowl XXXVI and XXXVIII, has always played money simply by allowing a group of those games because I had Malden with confidence and charisma and found suc- investors from St. Louis to buy out his Mills Polar Tec, manufactured right in cess at every level. It is obvious from watching interest in the stadium and in the con- Lawrence, Massachusetts. Tom Brady play that he truly loves the game tract that the team had with the sta- Mr. BRADLEY of New Hampshire. of football. He always smiles, and his enthu- dium at that time. Mr. Speaker, he is very right. I wear it siasm and confidence is infectious to his team. I also want to congratulate the Kraft all the time as I climb 4,000-foot moun- As one of his wide receivers said, ‘‘You can’t family for the outstanding organiza- tains. I urge passage of this resolution. say enough about that kid. He has a tremen- tion that they have set up, and also Mr. MCGOVERN. Mr. Speaker, I would like dous amount of confidence, and it rubs off on Coach Belichick. It is interesting there to thank the gentleman from Massachusetts, everyone else.’’ are a lot of people that criticize Bob Mr. FRANK, and the gentleman from New Now, only 26 years of age, and the young- Kraft, who went out and gave up draft Hampshire, Mr. BRADLEY, for bringing this res- est quarterback to have two Super Bowl MVP choices in order to get Bill Belichick olution honoring the New England Patriots for awards and two Super Bowl Championship away from the New York Jets. And a their Superbowl victory to the floor today. rings, fans around the league anxiously await lot of my colleagues who were Jets fans Mr. Speaker, I want to offer my own con- his future accomplishments. His stellar per- thought they had gotten a great deal gratulations to the Patriots for winning Super- formances as well as uncanny ability to guide because they got draft choices. bowl XXXVIII, their 2nd championship in 3 his teams to come from behind victories has And Bill Belichick has done an out- years. The team has come together again this reminded many of another quarterback with standing job in terms of fostering team year, and proven to us that they truly are Bay area ties, former San Francisco 49er and work. This is a team that gets intro- World Champions. Hall of Famer, Joe Montana. duced before games as a team. I think While some around the Nation may know of On behalf of the city of San Mateo and foot- all of us see in professional sports a lot our quarterback, Tom Brady, the majority of ball fans everywhere, I wish him continued of things that we do not necessarily players on our team are not the superstars success in his already remarkable career and like, the sort of ‘‘me generation’’ of in- found in other cities across the country. How- strongly urge my colleagues to vote in favor of dividuals getting all the credit. That ever, we in New England know Troy Brown, H. Res. 512. does not happen on this team. And I Tedy Bruschi and Ty Law, not just for their in- Mr. OLVER. Mr. Speaker, on Sunday, Feb- think that sports leagues across Amer- dividual accomplishments but for what they ruary 1st, the New England Patriots won their ica could learn a lot by looking at the are a part of—a team. second Super Bowl in 3 years. The Patriots’ success of this team, the fact that so Mr. Speaker, Coach Bill Belichick said it season was a testament to teamwork, dedica- few players made the Pro Bowl. best when he reminded the faithful fans that tion, and determination in the face of adver- And, finally, the individual players the players ‘‘gave up a little of their individ- sity. Bouncing back from an opening day loss, on that team, starting with their quar- uality’’ for the greater goal. ‘‘That’s what they the Patriots came together to put forth a sea- terback, they exemplify the best. I did, and that’s why they’re champions.’’ They son that will be remembered as one of the know I had an opportunity to be at the have demonstrated to us and the rest of the greatest in New England history. White House when Tom Brady was world that winning a title isn’t about statistics At no time in the season did any member of there. A lot of people thought it was a and breaking records, but instead about team the Patriots profess to be more important than political thing. It was not a political work and focus. any other, and at no point did the loyal fans’ thing. The Patriots players contribute In addition to the Patriots’ coaches and support wane, even in the harshest conditions. to the community. They are involved players, the team is guided by a terrific man- The New England Patriots are a shining ex- in the community day in and day out. agement team. Robert and Jonathan Kraft ample of all that is good in sports: teamwork, And I was proud that Tom Brady was have worked tirelessly to build a strong organi- sacrifice, and humility. They are deserving here that evening for the State of the zation and they also deserve praise today. champions, and I am proud to join my New Union. I want to thank each and every player and England colleagues in co-sponsoring this reso- And I am looking at next year. As coach on the team for showing their fans, the lution honoring the Super Bowl XXXVIII Cham- my colleague acknowledged, we have country and the world, that old-fashioned pion New England Patriots. two picks in the first round, two picks teamwork comes out ahead. Congratulations Mr. CAPUANO. Mr. Speaker, I rise today to in the second round, one pick in third to the New England Patriots and to their fans. offer my enthusiastic congratulations to the round, and two picks in the fourth Mr. LANTOS. Mr. Speaker, I am delighted New England Patriots, Super Bowl Champions round. It seems to me that we have the to rise in support of H. Res. 512, congratu- for the second time in three years. opportunity to have a top-notch team lating the New England Patriots for winning When the Patriots celebrated their first each and every year. Super Bowl XXXVIII. The Patriots victory is Super Bowl title in team history two years ago, I probably have more information again cause for celebration on both coasts as the excitement that we all experienced was that we could go on. But I am glad that fans in San Mateo, California and the San unparalleled. This year, with the team’s sec- this resolution is before the House. Francisco Peninsula join in celebrating native ond victory, we may have surpassed the joy of Mr. BRADLEY of New Hampshire. son Tom Brady, the MVP Quarterback for the that first win. I think every New Englander was Mr. Speaker, I yield myself such time Super Bowl champion Patriots. filled with pride yesterday, as a crowd of over as I may consume and thank my col- Under the glaring lights of Reliant Stadium 1.5 million fans turned out in chilly tempera- league from Massachusetts (Mr. MEE- in Houston, and before an estimated world- tures to fill the streets of Boston. We watched HAN) for giving that wonderful descrip- wide audience of one billion viewers, Tommy the fans on City Hall Plaza cheer as the Patri- tion of the Patriots and the fact that Brady, as he is known in San Mateo, showed ots, led by their team owner Bob Kraft, gifted he was one of the brave 70,000 people the remarkable poise and the expert leader- Head Coach Bill Belichick, and players now that braved well below zero weather to ship that his teammates and Patriot fans have known on a first name basis—such as Tom, root on the Patriots against the Ten- come to expect. He calmly guided his team Ty, and Adam—took to the stage. nessee Titans. down the field toward Super Bowl victory in These fans were cheering more than just a Once again, Mr. Speaker, one of the what may have been the greatest Super Bowl Super Bowl victory. This team of New England greatest games in Super Bowl history. of all time. Patriots exemplified hard work, determination, We all from New England, fans, every- In fact, during the game’s final drive, with and humility. They worked together as a team one all across the spectrum of New the game tied, and under what must have above all else, and respected all of their oppo- England salute our Patriots. been great pressure, Tom Brady rose to the nents, regardless of their records. It was this Mr. Speaker, I yield to the gentleman task by completing four out of five passes to dedication that led to their amazing streak of from Massachusetts (Mr. MEEHAN). set up the game-winning field goal. 15 straight wins, the longest winning streak in Mr. MEEHAN. Mr. Speaker, I want to Mr. Speaker, I am delighted to support this the NFL in more than 30 years. Throughout it make the point that one of the reasons legislation as well as to pay tribute to Tom all, they had a keen awareness of what their why I was able to brave the cold weath- Brady, who from his days of flag football on quest meant to the fans of New England who

VerDate jul 14 2003 02:52 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.119 H04PT1 H368 CONGRESSIONAL RECORD — HOUSE February 4, 2004 have supported them through the good years regulations do not apply to the mili- policy of January 7, 2003, and under a and bad ones. They were a source of joy, tary, and nothing in existing law or the previous order of the House, the fol- hope, and inspiration. We admire the Pats for proposed regulations suggest that lowing Members will be recognized for their achievements and look forward to win being a veteran would have any effect 5 minutes each. number three. on overtime pay. It is a sad day indeed f Mr. LANGEVIN. Mr. Speaker, I rise today to when the men and women of our forces The SPEAKER pro tempore. Under a congratulate the New England Patriots on their are exploited for political gain. Oppo- previous order of the House, the gen- thrilling victory in Super Bowl XXXVIII. In a nents of these regulations ought to be tleman from Ohio (Mr. BROWN) is rec- season of tremendous adversity marked by ashamed. ognized for 5 minutes. difficult early-season losses and numerous in- SECRETARY OF LABOR, (Mr. BROWN of Ohio addressed the juries, this team displayed the values of Washington, January 27, 2004. Hon. J. DENNIS HASTERT, House. His remarks will appear here- hardwork and determination that so epitomize Speaker of the House of Representatives, Wash- after in the Extensions of Remarks.) the region from which they hail. After begin- ington, DC. ning their season with a heart-breaking defeat DEAR MR. SPEAKER: I write to provide you f at the hands of the intra-division rival Buffalo with the facts to correct the record following The SPEAKER pro tempore. Under a Bills, the Patriots went on to win all but one of last week’s Senate floor debate on the Con- previous order of the House, the gen- solidated Appropriations Act with regard to their next fifteen games, including a franchise- tleman from Indiana (Mr. BURTON) is the Department of Labor’s proposed revision record twelve-game winning streak. Ignoring of the Fair Labor Standards Act’s overtime recognized for 5 minutes. the seemingly relentless skeptics, the Patriots exemption regulations. I also would like to (Mr. BURTON of Indiana addressed defeated a hard-nosed Tennessee Titan team thank you for your support and leadership on the House. His remarks will appear and halted the high-octane Indianapolis Colts this important issue. hereafter in the Extensions of Re- to gain a spot on the world’s biggest stage in The recent allegations that military per- marks.) Super Bowl XXXVIII. sonnel and veterans will lose overtime pay, One again relying on the leadership of quar- because of proposed clarifications of the Fair f Labor Standards Act (FLSA) ‘‘white-collar’’ terback Tom Brady and the steady foot of exemption regulations, are incorrect and ASSOCIATION HEALTH PLANS kicker Adam Vinatieri for last-second heroics, harmful to the morale of veterans and of The SPEAKER pro tempore. Under a the Patriots defeated a stubborn Carolina Pan- American servicemen and women. I want to ther team to earn their second Super Bowl vic- assure you that military personnel and vet- previous order of the House, the gen- tory in the past three years. Abiding by the erans are not affected by these proposed tleman from Texas (Mr. BURGESS) is values of teamwork and perseverance instilled rules by virtue of their military duties or recognized for 5 minutes. training. (Mr. BURGESS asked and was given by head coach Bill Belichick, the New England First, the Part 541 ‘‘white collar exemp- Patriots are an example to all Americans of permission to revise and extend his re- tions’’ do not apply to the military. They marks.) what it means to be a true champion. In addi- cover only the civilian workforce. tion, I would particularly like to congratulate Second, nothing in the current or proposed Mr. BURGESS. Mr. Speaker, I want- Mike Cloud, a resident of Rhode Island, on regulation makes any mention of veteran ed to come to the House tonight and being part of a team that makes all of New status. Despite claims that military training talk about the Republican agenda for would make veterans ineligible for overtime taking care of the uninsured. The unin- England proud. pay, members of Congress should be clear I hope our colleagues will join me in con- sured remain a major problem in this that the Department of Labor’s proposed country, and I think we have a unique gratulating the Super Bowl champion New rules will not strip any veteran of overtime England Patriots. eligibility. opportunity in front of us this year for Mr. BRADLEY of New Hampshire. This has been one of many criticisms in- actually reducing significantly the Mr. Speaker, I yield back the balance tended to confuse and frighten workers number of uninsured in this country. about our proposal to revise the badly out- The President actually gave mention of my time. dated regulations under the FLSA ‘‘white The SPEAKER pro tempore. Pursu- of this in his State of the Union ad- collar’’ exemption regulations. It is disheart- dress here a little over a week ago. ant to the order of the House of Tues- ening that the debate over modernizing these day, February 3, 2004, the resolution is regulations to meet the needs of the 21st There are three Republican bills out considered read for amendment and Century workforce has largely ignored the there right now that would signifi- previous question is ordered. broad consensus that this rule needs sub- cantly impact downward the number of The question is on the resolution. stantial revision to strengthen overtime pro- uninsured of this country. The resolution was agreed to. tections. Mr. Speaker, my colleagues recall we The growing ambiguities caused by time passed in this House as part of the A motion to reconsider was laid on and workplace advancements have made the table. both employers’ compliance with this rule Medicare bill the bill that would allow expansion of health savings accounts. f and employees’ understanding of their rights increasingly difficult. More and more, em- This is an issue that is near and dear to OVERTIME REGULATIONS AND ployees must resort to class action lawsuits my heart because I had an Archer MSA VETERANS to recover their overtime pay. These workers for a number of years back when I was (Mr. SAM JOHNSON of Texas asked must wait several years to have their cases in my private medical practice, and I adjudicated in order to get the overtime they and was given permission to address have already earned. In fact, litigation over know the power of these accounts in the House for 1 minute and to revise these rules drains nearly $2 billion a year being able to allow an individual to and extend his remarks and include ex- from the economy, costing jobs and better build wealth and build wealth that is traneous material.) pay. dedicated to their health care needs. Mr. SAM JOHNSON of Texas. Mr. I hope that this latest concern will be put This is the single best way to en- Speaker, as one of the chairmen of the to rest immediately. Once again, I assure hance the consumer aspect of health two labor committees here in the you that military duties and training or vet- care in this country, which I believe is eran status have no bearing on overtime eli- House and as a veteran, I am here to gibility. We hope that future debate on this an aspect that is absolutely critical. denounce an effort by Big Labor to important provision is more constructive. If With a health savings account, an in- scare our Nation’s veterans and service we can provide further assistance in setting dividual can choose their own doctor. men and women into thinking the De- the record straight, we would be pleased to There is nothing more fundamental in partment of Labor is out to take away do so. The Office of Management and Budget this country in the private practice of their overtime. The Department of has advised that there is no objection from medicine than being able to choose Labor is working on revisions to the the standpoint of the Administration’s pro- your own physician. One can consult gram to the presentation of this report. regulations governing overtime pay. Sincerely, with your physician about services These regulations would provide 1.3 ELAINE L. CHAO. that one needs. One is not consulting million more Americans with overtime with an HMO board somewhere. You f and help millions of hard-working peo- are actually making these decisions ple in this country. SPECIAL ORDERS yourself with your physician in the Let me be absolutely clear, the De- The SPEAKER pro tempore (Mr. treatment room. There is no question partment of Labor’s proposed overtime RENZI). Under the Speaker’s announced that health savings accounts allow the

VerDate jul 14 2003 02:52 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.072 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H369 maximum amount of portability be- mistic, some more pessimistic. I think ments on prescription drugs at the VA, cause one is not relying upon some pro- we would all agree as Republicans one a proposal that Congress soundly de- gram or some insurance benefit. The probably could not get a more pessi- feated probably many times. individual owns the money. mistic estimate than from Roll Call. We are faced with a proposal for a As Republicans, we hear it over and Mr. Morton Kondracke in his Pennsyl- $250 annual fee for many veterans, over again: we like to own things. In vania Avenue column from January 26, which Congress also has defeated. So this case, one keeps control of that that was a week ago Monday, Mr. we are faced with a VA policy of con- money. If a person loses their job, that Kondracke was actually critical of the tinuing to suspend enrollments for the money stays with them. It is there for President’s State of the Union address so-called priority 8 veterans. These are the purchase of COBRA benefits should about not doing more for the unin- veterans, but they cannot be enrolled they need it or to tide you over until sured. because we cannot handle them. one obtains health insurance benefits But by Mr. Kondracke’s own figures, b 1915 with another job. we would reduce the number of unin- And this budget request from the ad- This is an important point that I do sured in this country by 10 million over ministration cuts the VA nursing home not think a lot of people understand. I this next year simply by doing these program and cuts funding, if you can had a medical savings account for my three proposals which are all easily believe this, for medical research. last 5 years in the private sector. I within our grasp. Imagine how our veterans must feel. came to Congress. A medical savings Medical savings accounts have been Actually, we know how they feel. The account is not available to Members of done; association health plans have Paralyzed Veterans of America has Congress, or at least it was not last been done in the House awaiting action issued a press release entitled. ‘‘An- year when we were sworn in. That over in the other body; finally, tax other Year, Another Inadequate Budget money that I had in the medical sav- credits for the uninsured, something Request for Veterans’ Health Care.’’ ings account remains for me in that ac- we can take up and do with a minimum They go on to point out that this recount. It is growing year by year of heavy lifting this year. quest includes the lowest appropriation through the miracle of compound in- Mr. Kondracke goes on to say that request for VA health care made by terest. the association health plans would pro- any administration for a decade. Al- And should I go back to the private vide relief for 2 million workers. though the VA Under Secretary for sector at some time, I fully would ex- Health savings accounts would benefit Health has testified that an average pect to use that money to once again an additional 4 million people, and the yearly medical care increase of 12 to 14 join another medical savings account tax credits would benefit another 4 mil- percent is needed to meet the cost of somewhere else. lion people. This is 10 million. This is inflation and mandatory salary in- Another program that the President one quarter of the uninsured in this creases, there is less than 2 percent spoke to the other night when he was country done in this year. more than last year’s appropriation here, and this is an extremely impor- So, Mr. Speaker, I think we have got recommended in the President’s budg- tant point, and, realistically, Mr. a message in front of us that is just too et. Speaker, we cannot get this one done powerful to ignore. And I look forward Likewise, the leaders of the Veterans fast enough. In fact, the House has al- to working with my friends on both of Foreign Wars and other veterans or- ready passed association health plans. sides of the aisle to get these three ganizations have expressed dismay, if I We did this last June. This proposal things done this year and get them can say the least, at the proposed VA would give small businesses the ability working for the American people. medical care funding. In fact, I feel I to band together across State lines, if f should just pull out the old tapes and need be, to purchase health insurance old speeches from last year and rerun as part of a larger group. This gives The SPEAKER pro tempore. Under a previous order of the House, the gentle- them, except it is not last year. And small businesses greater bargaining since the last budget request from this power when it comes to the health cov- woman from the District of Columbia (Ms. NORTON) is recognized for 5 min- administration, the Nation has sent erage needs of their employees. our young men and women to a war in In addition to that, it lowers admin- utes. (Ms. NORTON addressed the House. Iraq, and they will be coming home as, istrative costs. The other body has this guess what? Veterans. bill. Of course, I encourage them to Her remarks will appear hereafter in the Extensions of Remarks.) Caring for our veterans is one of the take this up and pass needed relief for costs of war, and the budget request Americans working for small busi- f does not take note of this fact. nesses. I have enormous respect for Sec- Association health plans will de- DEPARTMENT OF VETERANS AFFAIRS BUDGET retary Principi, who I believe does a crease the number of uninsured and great deal with inadequate budgets. give small businesses the ability to The SPEAKER pro tempore. Under a But even this Secretary, or should I offer health insurance to their employ- previous order of the House, the gen- say especially this Secretary, needs a ees that they previously might not tleman from California (Mr. FILNER) is Congress that will pass a budget that is have been able to afford or in subse- recognized for 5 minutes. worthy of our veterans. quent years would have to abandon be- Mr. FILNER. Mr. Speaker and col- So sign me up for the battle again cause of the cost. leagues, I was truly sad when today in this year. Whatever is needed we will This is a win-win situation for the the Committee on Veterans’ Affairs do to fill the budget holes that the employee and for the business owner. hearing I saw the figures in the admin- President has left in this fiscal year. Finally, the President spoke to the istration’s budget request for the De- Most of all, let us take note that this issue of tax credits for the uninsured. partment of Veterans Affairs for the budget request points out the need for This is probably one of the most power- coming fiscal year. mandatory funding for VA health care. ful ways to really reduce the number of Last year in an effort that was actu- Let me repeat, mandatory funding of uninsured in this country. The gentle- ally just completed a couple weeks ago, VA health care. It is now called discre- woman from Texas (Ms. GRANGER) has many Members of Congress, both Re- tionary, so we have to go through this offered this bill. I am happy to be a co- publicans and Democrats, worked with battle every single year. Let us pass sponsor of this bill. I look forward to the support of our Nation’s veteran mandatory funding for VA health care us moving this bill forward in the service organizations to finally arrive so we will not have to rerun the same House this year. I was glad the Presi- at a budget, while not completely ade- tapes next year and the next year and dent spoke to that. quate, at least addressing many of the the next year. Mr. Speaker, one might ask how needs of our veterans. f many people will be helped with these So I was very disheartened to find three proposals that are out there now. ourselves in the same place we were a CONGRESS MUST DECLARE WARS You get a number of estimates around year ago. We were faced with the same The SPEAKER pro tempore (Mr. from different people, some more opti- tired old proposals to raise the copay- BURGESS). Under a previous order of

VerDate jul 14 2003 02:52 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.126 H04PT1 H370 CONGRESSIONAL RECORD — HOUSE February 4, 2004 the House, the gentleman from Texas sion to go or not go to war. The current Unfortunately, the budget submitted (Mr. PAUL) is recognized for 5 minutes. mess was predictable from the begin- by President Bush fails to fund prior- Mr. PAUL. Mr. Speaker, there is ning. Unfortunately, Congress volun- ities important to middle-class Ameri- plenty of blame to go around for the tarily gave up its prerogative over war cans. President Bush’s budget has a dif- mistakes made in going to war in Iraq, and illegally transferred this power to ferent set of priorities: budget-busting especially now that it is common the President in October of 2002. The tax cuts, fiscal irresponsibility, over- knowledge that Saddam Hussein told debate we are now having should have payments to HMOs, and reduced fund- the truth about not having weapons of occurred here in the halls of Congress ing for important domestic programs. mass destruction and that al Qaeda and on a declaration of war resolution. In- President Bush’s budget lays out $1 9/11 were in no way related to the Iraqi deed, the Congress chose to transfer trillion for tax cuts but provides $9.4 Government. this decisionmaking power to the billion less for education than was The intelligence agencies failed, for President in order to avoid the respon- promised in the No Child Left Behind whatever reason this time, but their sibility of making the hard choice of Act. In California alone, this will re- frequent failures should raise the ques- sending our young people into harm’s sult in $897 million less for school dis- tion of whether or not this secret way against a weak Third World coun- tricts through the title I programs and spending of $40 billion annually of the try. This the President did on his own, $105 million less for children with dis- taxpayers’ money is a good investment. with Congress’ acquiescence. The abilities through the IDEA program. The administration failed in making blame game has only emerged now that President Bush is eager to make his the decision to sacrifice so much life we are in a political season. Sadly, the tax cut permanent and even make new and limb by plunging us into this Per- call for and the appointment of the ones. But he cannot seem to deliver the sian Gulf quagmire that will surely commission is all part of this political funds promised when he signed the No last for years to come. But before the process. Child Left Behind Act nearly 3 years Congress gets too carried away with It is truly disturbing to see many ago. condemning the administration or the who reneged on their responsibility for President Bush’s budget includes $46 intelligence gathering agencies. It declaring or rejecting war in Congress billion in overpayment for HMOs as a ought to look to itself. by voting to give the President the part of the Republican Medicare plan A proper investigation and debate by power he wanted are now his harshest but it does nothing to lower the price this Congress, as we are now scram- critics. of senior citizens’ prescription medica- bling to accomplish, was warranted f tion. prior to any decision to go to war. An The SPEAKER pro tempore. Under a President Bush has claimed for 3 open and detailed debate on a declara- previous order of the House, the gen- years that his economic program would tion of war resolution would certainly tleman from Oregon (Mr. DEFAZIO) is create jobs. But in that time the U.S. have revealed that the U.S. national recognized for 5 minutes. has lost nearly 3 million jobs. The security was not threatened and the (Mr. DEFAZIO addressed the House. President asserted in the State of the whole war could have been avoided. Be- His remarks will appear hereafter in Union address that additional tax cuts cause Congress did not do that, it de- the Extensions of Remarks.) would create jobs, but the numbers do serves the greatest criticism for its f not support this claim. This is not even dereliction of duty. The SPEAKER pro tempore. Under a a true budget because it will miss the There was a precise reason that the previous order of the House, the gen- costs of ongoing military operations in most serious decision made by a coun- tleman from Florida (Mr. FEENEY) is Iraq. The budget also avoids long-term re- try, the decision to go to war, was left recognized for 5 minutes. by our Constitution, to the body clos- (Mr. FEENEY addressed the House. form of the alternative minimum tax, est to the people. If we followed this His remarks will appear hereafter in even though the AMT will soon force admonition, I am certain that fewer the Extensions of Remarks.) millions of middle-class families to pay wars would be fought, wide support more taxes. And this is in direct con- f would be achieved for the sacrifices, trast to the original intent of AMT. A there would be less political finger- THE VALUE OF INVESTMENT recent estimate by the Congressional pointing when events go badly, and The SPEAKER pro tempore. Under a Budget Office put the full price tag of blame could not be placed on one indi- previous order of the House, the gen- AMT reform at over $500 billion, a cost vidual or agency. This process would tleman from California (Mr. HONDA) is not factored in by the President’s more likely achieve victory, which has recognized for 5 minutes. budget. eluded us in recent decades. Mr. HONDA. Mr. Speaker, I would If this budget reflects President The President has reluctantly agreed like to start out my comments with a Bush’s priorities, then it is clear where to support an independent commission quote. ‘‘See, I ran for office to solve his priorities lie. President Bush has to review our intelligence gathering problems, not to pass them on to fu- chosen the interest of an elite few over failures and that is good. Cynics said ture Presidents and future genera- the needs of the many. I urge my col- nothing much would be achieved by the tions.’’ President Bush at a fund-raiser leagues to align their priorities with commission studying the pre-9/11 fail- in Oregon, August 21, 2003. those of the American people and op- ures but it looks like some objective Mr. Speaker, I believe our national pose the budget proposed by President criticisms will emerge from that in- budget should reflect a community’s Bush. That budget reminds me of Swiss quiry. We hope for the best in this values and priorities. It should reflect cheese. It is full of holes. newly named commission. But we al- the needs of the American people, in- f ready hear that the inquiry will be de- cluding good jobs, safe community, The SPEAKER pro tempore. Under a liberately delayed, limited to the fail- quality education, and access to afford- previous order of the House, the gentle- ure of the agencies, and may divert able health care. woman from Tennessee (Mrs. into studying intelligence gathering In my home district in Silicon Val- BLACKBURN) is recognized for 5 min- related to North Korea and elsewhere. ley, we understand the value of invest- utes. If the inquiry avoids the controversy ment. This means crafting budgets (Mrs. BLACKBURN addressed the of whether or not there was selective based on right choices. Do we fund a House. Her remarks will appear here- use of the information or undue pres- trillion dollar tax cut or do we provide after in the Extensions of Remarks.) after-school programs for our children? sure put on the CIA to support a fore- f gone conclusion to go to war by the ad- Do we give away billions to HMOs or do ministration, the inquiry will appear a we help seniors afford their prescrip- MUSHARRAF’S ROLE IN NUCLEAR sham. tion drugs? Do we increase tax breaks EXCHANGE Regardless of the results, the process for the businesses that ship jobs over- The SPEAKER pro tempore. Under a of the inquiry is missing the most im- seas, or do we work to recover the 2.6 previous order of the House, the gen- portant point, the failure of Congress million manufacturing jobs lost in the tleman from New Jersey (Mr. PALLONE) to meet its responsibility on the deci- past 3 years? is recognized for 5 minutes.

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.129 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H371 Mr. PALLONE. Mr. Speaker, I rise this supposed to be the people’s House, is North Carolina. More unemployed evening to again discuss Pakistani govern- voted against extending unemployment workers are expected to exhaust their ment transfer of nuclear technology to rogue benefits. Every single Democrat voted jobless benefits than any other State, nations such as North Korea, Iran and Libya. to extend unemployment benefits. over 61,000 workers. How hopelessly out of touch with re- Pakistan’s behavior has been publicized for b 1930 months and months, but all of the blame for ality these House Republicans and nuclear exchange has thus far been placed on their majority leader, the gentleman In nine States, the number of unem- the scientists involved, particularly Abdul from Texas (Mr. DELAY) are. Have they ployed workers who will exhaust their Qadeer Khan at the Khan Research Labora- not noticed the jobless recovery? regular benefits will set a new record. tories. Although criminal action has been pur- The gentleman from Texas (Mr. North Carolina, Michigan, Pennsyl- sued against Khan, I have remained very con- DELAY) said he would not support ex- vania, Oregon, Indiana, South Caro- cerned over President Musharraf’s and his tending unemployment benefits. Let lina, Idaho, Vermont, Arkansas, where senior advisors’ direct role in assisting covert me remind him, unemployment bene- is the compassion for people in these nuclear weapons programs in North Korea, fits are earned benefits. States? In 10 other States, the number of un- Iran, and Libya. Every day our office gets phone calls In the past few days, scientists involved in from constituents asking whether Con- employed workers who will exhaust the Pakistani nuclear program as well as op- gress will extend their unemployment their regular benefits by summer will position leaders in the Pakistani Parliament benefits, earned benefits. We are get- be the second highest on record: Cali- have charged that Musharraf, in fact, had ting so many calls because hundreds of fornia; New York; Texas, where the knowledge of the nuclear exchange, and the thousands of Americans have ex- majority leader is from; Ohio; Illinois; Pakistani military was directly involved. Mr. hausted their unemployment benefits New Jersey; Wisconsin; Connecticut; Speaker, I am simply outraged. Musharraf and they have not been able to find Arizona; Nevada. More than half the unemployed likely knew that the exchanges took place, and new jobs. workers cut back on spending for food is not being honest about his connection to In our community Sunoco advertised and more than half postponed medical the activity at the Khan Research Labora- for 10 jobs, and over 2,000 people ap- or dental appointments. Without un- tories. He is stretching the truth in order to plied. This week in my district another employment benefits, almost half the protect himself as well as his relationship to company is shutting down, Georgia Pa- long-term unemployed workers would the United States, and to guarantee the con- cific, Dixie Cups, over 207 more jobs be in poverty. With unemployment tinued flow of military funding from inter- gone. benefits, only 19 percent would fall into national sources, including the United States. The good jobs just are not coming on In the past, I have requested that President line. The President says, bring it on. poverty. Why is there not a resounding Bush reimpose Symington sanctions on Paki- Well, I say, bring on the jobs. Where number of Republican Members who stan. Under the 1977 Symington amendment, are they? So through no fault of their see extending unemployment benefits, these sanctions were imposed banning Paki- own, 9.1 million Americans are out of which are earned benefits, as a matter stan from receiving economic and military as- work. And with each passing month of compassion? They are so hopelessly out of touch. sistance as a result of importing uranium en- more and more of these unemployed I hope that the American people will richment technology. After 9/11, this ban was Americans take a step closer to the write the Members of the other body, waived by President Bush. Given the evi- brink as they find themselves not only the Senators, and tell them to pass an dence, in combination with Musharraf’s intent out of work but also out of unemploy- extension of unemployment benefits. to deceive us about his knowledge of Paki- ment benefits which they have earned. That is our hope now that the majority stan’s exports of nuclear technology, I feel that No pay check coming in, bills to pay, of Democrats in this House have sent it is more important than ever for President no new jobs on the horizon, trying to that bill for their approval. Bush to reimpose Symington sanctions. Fur- hang on, and now no unemployment thermore, it is imperative that the United check. That is due to a Republican f States stop providing military assistance to Congress that does not care. The SPEAKER pro tempore (Mr. Pakistan until democracy is restored and ter- Mr. Speaker, we all heard President BURGESS). Under a previous order of rorist violence in Kashmir comes to an end. Bush back when he was running as a the House, the gentleman from Oregon Mr. Speaker, Pakistan has been an ally in moderate talking about compassionate (Mr. BLUMENAUER) is recognized for 5 the war against global terror, but the United conservative. Mr. Speaker, where is the minutes. States and Pakistan are at a crossroads. Paki- compassion? People are getting des- (Mr. BLUMENAUER addressed the stan’s government’s participation in nuclear perate, but the Republicans in Con- House. His remarks will appear here- exchange, under Musharraf, has helped to gress are turning a deaf ear to their after in the Extensions of Remarks.) create a nuclear black market in Iran, Libya cries. Look what the Republican lead- f and North Korea to thrive. I shouldn’t even ership did here today, voting no, the The SPEAKER pro tempore. Under a have to mention the devastating effects of ura- majority of Republicans voting no to previous order of the House, the gentle- nium enrichment materials falling into the extend unemployment benefits. woman from California (Ms. WOOLSEY) hands of terrorist groups, but this in fact is a House Republican leaders said here is recognized for 5 minutes. concern that has been facilitated by Pakistan. tonight, there is no problem with no (Ms. WOOLSEY addressed the House. The Bush administration has been praising jobs. Just go out and try to find some. Her remarks will appear hereafter in Musharraf for removing Dr. Khan from his po- That is right. The Republican line is the Extension of Remarks.) sition as advisor to the Pakistani Prime Min- that the economy is back and there is f ister, but it is high time that the administration no reason to pass unemployment bene- The SPEAKER pro tempore. Under a open its eyes to the reality of the situation and fits. They are so hopelessly out of previous order of the House, the gentle- take immediate action against Pakistan. touch. woman from New York (Mrs. MALONEY) f George W. Bush is the first President is recognized for 5 minutes. since Herbert Hoover who has lost (Mrs. MALONEY addressed the WHERE IS THE COMPASSION? more jobs than he has created. Where House. Her remarks will appear here- The SPEAKER pro tempore. Under a is the compassion for the 395,000 work- after in the Extensions of Remarks.) previous order of the House, the gentle- ers who exhausted their regular unem- f woman from Ohio (Ms. KAPTUR) is rec- ployment benefits on December 22, just ognized for 5 minutes. before Christmas? Or what about the THE NATION’S PROGRESS IN THE Ms. KAPTUR. Mr. Speaker, today the 400,000 workers who exhausted their WAR IN IRAQ majority of Republicans in this House benefits last month, the largest num- The SPEAKER pro tempore. Under voted against extending unemployment ber of workers ever to exhaust unem- the Speaker’s announced policy of Jan- benefits. Every single Democrat voted ployment benefits this past January? uary 7, 2003, the gentleman from Mary- to extend unemployment benefits. Let The pain inflicted by the Bush ad- land (Mr. CUMMINGS) is recognized for me say that again. Today the majority ministration’s economic policies has 60 minutes as the designee of the mi- of Republicans in this House, which is spread from coast to coast. Hardest hit nority leader.

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.134 H04PT1 H372 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Mr. CUMMINGS. Mr. Speaker, I rise to be remembered and honored for working a second job or collecting gov- this evening with my fellow colleagues swearing to protect our freedoms and ernment assistance to support their in the Congressional Black Caucus to for laying down their lives in the pur- families. The price of war is the young discuss our Nation’s progress in the suit of their mission. man who I ran into at BWI Airport the war in Iraq. Mr. Speaker, it is because of these other day who said that he was a Re- First and foremost, Mr. Speaker, I courageous Americans that so many of servist and because of the war he was would like to honor those soldiers who my colleagues and I in the Congres- not getting the type of money that he have paid the ultimate price of war sional Black Caucus vehemently op- would normally get and he and his wife through the sacrifice of their own lives. posed launching war on Iraq. As elected not only were getting divorced but the I continue to pray for their families representatives, we realize that the de- fact is that he was trying to find a way and friends who are struggling to cope cisions we make here in the Congress to file for bankruptcy. with their grief and loss. of the United States of America reach War and death are inextricably I also pay tribute to the soldiers who far beyond these hallowed halls. We un- linked, Mr. Speaker. Therefore, in our have returned from Iraq, forever derstand that the price of war cannot considerations to authorize war, we changed as a result of injuries sus- be captured in any budget. must decide whether the cause is great tained during their tour of duty. Just a Speaking of moneys appropriated by enough to die for. Mr. Speaker, I be- week or so ago, I visited Walter Reed the Congress, just today we read in the lieve that fighting for freedom is al- Army Hospital and looked into the news reports that Halliburton will be ways a worthy cause. As Martin Luther faces of young 19 and 20 year olds as returning some $27 million to the Gov- King once said, ‘‘An injustice anywhere they told stories as to how they lost ernment of the United States because is a threat to justice everywhere.’’ their legs or lost their arms or lost it overcharged our government; and I However, Mr. Speaker, that is not their hands. I said to one young man, tell my colleagues, Mr. Speaker, it how the urgency of this war was com- How do you handle this? I mean, look- bothers me because I shall never forget municated to the American public. ing at your life and where you go from that when the Congressional Black President Bush did not initially come here, how do you handle this? He said, Caucus and others got up before this to the American people and say that Well, I simply look at it as a day’s war started and began to talk about we must engage our military forces to work. As I stood there, I could not help this war and began to address the remove Saddam Hussein because he is a but think about the fact that this issues of why we were going to do this bad dictator and is oppressing his peo- young man, if he were to live another preemptive strike when it seemed that ple. Rather, the President very clearly, 50 years, will be living without a leg inspections were working, when we time and time again, told the Amer- and without an arm. So we pay special talked about it was so important and ican people that Saddam Hussein had tribute to these young people, many of we emphasized that we not lose lives if weapons of mass destruction and must whom just came out of high school, we could avoid it, when we asked the be disarmed. fighting a war. question how all of this would be paid On October 16, 2002, the President So often, Mr. Speaker, the stories of for and we could not get the President said, ‘‘The Iraqi regime is a serious and growing threat to peace. On the com- the men and women performing their to meet with us or even talk to us, but mands of a dictator, the regime is daily operations in Iraq get lost as we here and then we were called by some armed with biological and chemical debate the merits of the war and our unpatriotic, unpatriotic. I ask the weapons, possesses ballistic missiles, post-war intelligence, and I want to question, if that was unpatriotic, what promotes international terror and make it very clear that the Congres- is it when we have a corporation during sional Black Caucus has and will con- seeks nuclear weapons.’’ a time of war that turns around and On January 16, 2003, President Bush, tinue to support our troops. We see has to return some $27 million to the as the Commander in Chief, said, ‘‘In them as some very brave men and Treasury of the United States of Amer- the name of peace, if he does not dis- women who every day go out in some- ica? That is a key question, and is that arm,’’ talking about Saddam Hussein, times 130 degree heat, in difficult cir- patriotic? I would submit to my col- ‘‘I will lead a coalition of the willing to cumstances, in many instances not leagues that it is not. disarm Saddam Hussein.’’ having the proper equipment that they The key is that as we debate over and The message was clear and the stage need although we paid for it; and yet over again the 9 million people who are was set. The United States had to de- and still they go out, and they give the unemployed in this country, when we ploy our troops and disarm Saddam best they have. So we honor them. debate over and over again the fact Hussein. We read newspaper accounts here and that there are 44 million people who But early last year, Mr. Speaker, we television reports of another soldier have no health insurance, when we de- noticed a rather curious phenomenon. killed in Iraq by a roadside bomb, and bate over and over again the fact that As the polling numbers for American we are momentarily touched; but, ulti- so many of our people are going approval of the war adjusted, so did the mately, Mr. Speaker, after the moment through so many difficult cir- rationale the administration used to has passed, our lives continue on. Un- cumstances, and then we think that as convince the American public that this fortunately, the lives of the five sol- April 15 approaches people will be mak- war was not necessary. diers who are reported to have died in ing sure that they write those checks Former Treasury Secretary Paul Iraq from my home State of Maryland out to the Government of this United O’Neill is quoted as saying that he was will not continue on. The families of States and then we turn around and surprised that no one in a National Se- Command Sergeant Major Cornell W. find out that we have been overcharged curity Council meeting ever asked why Gilmore, 45 years old; Lieutenant $27 million, something is absolutely Iraq should be invaded. He was Kylan A. Jones, 31 years old; Corporal wrong with that picture. shocked, when he probably could have Jason David Mileo, 20 years old; Spe- Mr. Speaker, something is wrong predicted that there would be so much cialist George A. Mitchell, 35 years old; with our auditing and oversight if a death, that there would be so much and Staff Sergeant Kendall Damon Wa- company like Halliburton can be paid harm not only to our American sol- ters-Bey, 29 years old. He was one who that much for something they did not diers but to innocent Iraqi people by was either the second or third person provide. The price of war is far greater the thousands. He sat there shocked to lose his life in Iraq, and we just than the original $79 billion funding re- that no one asked the question why are want it made very clear that our pray- quest and even greater than the $87 bil- we going to invade Iraq. ers are with the families and friends of lion supplemental request that Con- In a recently published book describ- these strong and wonderful people. gress doled out to support the war ef- ing the operations of the Bush White Mr. Speaker, please do not mistake fort last year. House, Secretary O’Neill says, ‘‘It was my intentions. I am not invoking the The price of war is the human blood all about finding a way to do it. That names and memories of our troops to spilled in Iraq’s deserts. The price of was the tone of it. The President say- fulfill any political purpose. Whatever war are the tears of children shed over ing go find me a way to do this.’’ the political affiliation of these sol- flag-draped caskets. The price of war Mr. Speaker, the conscience of the diers and their families, they deserve are the widowed wives and husbands Nation should be shocked and awed by

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.140 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H373 this sort of back-door and backup pol- week, former chief U.S. weapons in- the United States Army, who died just icy-making. The lives of our American spector David Kay told a Senate com- 12 hours ago, might still be alive; or soldiers should not have been bartered mittee that, and I quote, ‘‘Iraq’s large- maybe Irving, who died just about 5 or away in closed-door meetings between scale capability to develop, produce, 6 days ago, from Fort Worth, Armando people whose own children are not and fill new chemical weapons muni- being from Houston and Irving being asked to stand in harm’s way. tions was reduced, if not entirely de- from Fort Worth Texas, might still be Mr. Speaker, I cannot help but think stroyed, during Operation Desert alive. of Staff Sergeant Kendall Waters-Bey. Storm and Desert Fox. Thirteen years This is not a frivolous discussion, Mr. The family of United States Marine of U.N. sanctions and inspections.’’ Speaker. It is a very serious discussion. Staff Sergeant Kendall Damon Waters- Considering these facts, Mr. Speaker, I think I would like to raise with my Bey is from my district. In fact, his we must ask ourselves if the ultimate colleagues a discussion of what do we family used to live about five blocks goal of this preemptive war was to dis- do next. There are families whose pain away from my home. Mr. Speaker, the arm Saddam Hussein, was our mission will never leave them, the pain of the words of his father will forever be in- really accomplished? Could we have loss of their young child, son or daugh- grained in the DNA of my memory. As reached the same end by utilizing a dif- ter, will forever be with them. Our re- he held a picture of his son, Michael ferent means? If we had enough intel- spect and admiration for those brave Waters-Bey, he said, ‘‘I want the Presi- ligence to determine that Saddam was young men and women will forever be a dent to get a good look at this, really hiding chemical and biological weapons mark on our souls. We will honor them good look here. This is the only son I from the U.N. inspectors, then why has each Memorial Day, we will cite them had, only son.’’ the Intelligence Community not been year after year, some 500 and growing. There are names that many of us will b 1945 able to lead us to those weapons? Mr. Speaker, something is wrong with this never know. Included in that, of I ask, Mr. Speaker, was Mr. Waters- picture. course, are the loss of civilian lives in Bey’s son at the forefront of the Na- I am glad the President has finally Iraq, lives for which the leaders of our tional Security Council’s consciousness agreed that there should be a commis- government have said were innocent as they made their decision to take sion to look into the apparent intel- lives, some even have been children. this country into war? I would think ligence failures, but the Congress The turmoil in Iraq speaks to the fact not, because otherwise I am sure they should have a role in that selection that this is a somber and sobering would have come to a different conclu- process. In the name of the over 500,000 time. So I rise today because my chal- sion. troops that were deployed in Iraq, I lenge is whether or not the Congress Mr. Speaker, if you remember, in No- call on the President to ensure that will perform its duty. vember of 2002, the United States this process remains immune from Let me also acknowledge a veteran called for U.N. weapons inspectors to election year politics, and I call on the and friend and respected member of comb Iraq in search of hidden weapons President to hold himself and his ad- this House who we will hear from of mass destruction. After 4 months, ministration accountable for the find- shortly, the gentleman from New York the weapons inspectors found nothing. ings of any commission report. (Mr. RANGEL). I would like to say to Then, the United States concluded that Mr. Speaker, last year, around this him that I look forward to joining him it was our responsibility, our right to time, the President addressed a group in commemorating the fallen soldiers invade Iraq forcibly and disarm Sad- of Governors and said, and I quote, as we proceed in this session, because I dam Hussein. During that time, Mr. ‘‘The country expects leaders to lead.’’ think that is extremely important. Speaker, many of my colleagues and I I would agree with President Bush on But I rise this evening for a different came to this House floor urging, beg- that point. The country expects leaders challenge of this Congress. Yes, the ging, pleading, and petitioning this to lead and not to mislead the Amer- President has accepted the constant re- President to give the inspections proc- ican people blindly down a path of war. quest and inquiry for a commission. He ess a chance. We asked the President to Mr. Speaker, I wish now to yield to has done so by embracing it and put- work with our international allies to the gentlewoman from Texas (Ms. ting it close to the bosom of the admin- exhaust every diplomatic option pos- JACKSON-LEE). istration. It is one appointed by the ad- sible before deploying American troops Ms. JACKSON-LEE of Texas. Mr. ministration, dominated by the admin- to disarm Hussein. Yet our letters and Speaker, I thank the distinguished gen- istration, run by the administration. pleas went unanswered. tleman for yielding to me. And I ask my colleagues, does the Con- Now here we are today, almost a year Mr. Speaker, I wish to ensure that stitution, in establishing three later, Mr. Speaker. It has been almost this evening is a somber occasion be- branches of government, want us to ab- a year since we declared the U.N. in- cause it is a dialogue with our col- dicate our congressional duty of over- spections process to be ineffective, al- leagues and one we hope will not be sight over the executive branch? They most a year after the first soldier died mired in politics but in truth. I stand are independent branches, judiciary, in Iraq. Almost a year later and we somewhat, Mr. Speaker, with tears in executive and legislative, but just as still have not found any weapons of my eyes. The chairman of the Congres- we have the responsibility of the purse mass destruction. Yes, we have found sional Black Caucus has convened this strings in the House, we also have the Saddam Hussein but, no, we have not Special Order, and I am grateful to him responsibility of oversight over oper- found any weapons of mass destruc- for his continued leadership, and I look ations and policies of the President and tion. It is interesting that Saddam forward to working with the caucus to the administration. Hussein is still alive and over 500 of our provide a voice and a message not only So I believe it is imperative that this bravest men and women in uniform are to the American people but to our col- Congress, whether it is a parallel duty, not. leagues. an action, or whether or not it sub- Now, Mr. Speaker, we have the Sec- As I said, Mr. Speaker, I rise with a stitutes for this commission, I believe retary of State, Secretary Powell, in a heavy heart and tears in my eyes be- it is imperative that this Congress recent Washington Post interview, say- cause we are talking about life-and- wage its own investigation as to the ing that if he had been told that Iraq death matters; peace and war. I almost reasons and the basis of the use of in- did not possess stockpiles of banned wish, Mr. Speaker, I could turn back telligence that generated a unilateral weapons, he is not sure that he would the hands of time, turn back the clock, preemptive strike against Iraq. have supported the Iraq invasion. Al- and find ourselves on the floor of the So I intend to offer the Protect most a year to this day, Mr. Speaker, House on that fateful fall of 2002. Out America’s National Security Act of Secretary Powell told the U.N., and I of respect for their families, I will just 2004 that will call on full congressional quote, ‘‘Our conservative estimate is call them by their first names, but hearings, no holds barred, if you will, that Iraq today has a stockpile of be- maybe Private Ray David, out of San to use a phrase that we often utilize, tween 100 and 500 tons of chemical Antonio, who died during the Christ- questioning what intelligence was used weapon agents. That is enough to fill mas holiday would still be alive; and in the decision of the administration to 16,000 battlefield rockets.’’ Yet just last maybe Armando, who was a private in go to war, how that intelligence was

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.141 H04PT1 H374 CONGRESSIONAL RECORD — HOUSE February 4, 2004 analyzed, and on what basis was it uti- mass destruction at the time that the Mr. Speaker, I ask that we make sure lized to convince the Congress, the rep- President and the administration rep- that this occurs as we move forward in resentation to Members of Congress, resented to this Congress and the this year. that weapons of mass destruction ex- American people that they existed. Mr. CUMMINGS. Mr. Speaker, in the Congressional Black Caucus I have isted. How was that intelligence gath- b 2000 ered, who gathered it, who analyzed it, often said that many of us are truly and how was it presented to Members Mr. Speaker, why is this important? honored to have two of our founders of of Congress for the decision to be made It is important because we have to go the Congressional Black Caucus, the in a resolution that a preemptive union. Now the President comes to us with gentleman from Michigan (Mr. CON- lateral attack should be made? I be- a budget that has a deficit of over $500 YERS) and the next gentleman, to lieve also that the American people billion. He offers to the American peo- speak. That we are able to serve with need to know. ple $4.1 trillion in tax cuts because he them is a tremendous honor because Finally, included in this bill, I want is asking to make his tax cuts perma- they bring so much wisdom and history to ensure that the general amount, the nent for 1 percent of Americans. Then to us and so much excellent guidance. bottom-line figure utilized by this gov- he provides a gift to the American peo- Certainly the gentleman from New ernment in intelligence gathering, the ple, $10,368, a burden for each family of York (Mr. RANGEL) is one of those gen- budget of the CIA, should be produced four, making tax cuts permanent. At tlemen. I say to the gentleman that as to the American people. Mr. Speaker, the same time he increases the burden he has consistently pressed on this war not the line-by-line item, not to give on veterans by increasing their copay- in trying to make this President and them an excuse that we are now in- ments, closing veterans hospitals, and this Nation look at war as something truding on secured matters, but to give denying access to health care. of last resort, we appreciate it. We will the American people the lump sum as I believe this Special Order tonight is join you as you salute all of our sol- to how much is being utilized. They de- so crucial because it raises for the diers who have given so much. serve to know and we would not be vio- American people a challenge to them Mr. Speaker, I yield to the gentleman lating any security for doing so. standing up for their destiny, their des- from New York (Mr. RANGEL). This legislation will also include tiny as to whether or not we remain in (Mr. RANGEL asked and was given permission to revise and extend his re- more resources for more trained intel- Iraq and lives continue to be lost. But marks.) ligence analysts, more analysts trained more importantly is the question of whether or not we have now a road map Mr. RANGEL. Mr. Speaker, I thank in Arabic, more recruitment of diverse the gentleman from Maryland (Mr. analysts, if you will, and then it would that will lead us to war with other CUMMINGS) for giving some of us an op- have a provision that would enhance countries around the world unilaterally and preemptively. That is why I portunity to show what patriots we the checks and balances on the use of really are and how much we love this intelligence that would be placed as a believe it is crucial for the American public to stand up and be heard on the country, which has given us one of the basis for going to war with any country highest opportunities, and that is to in any Nation. The Protect America’s Protect America’s National Security Act of 2004, demanding this House and serve in this House of Representatives. National Security Act of 2004. On November 30, 1950, I found myself Senate to do its job with a full and It is imperative that for the lives shot by the Communist Chinese on the comprehensive investigation. lost, for the tears shed, for the mothers northern border of North Korea. When Lives that were lost, those willing to crying, for the fathers’ broken hearts, it was all over, I thanked God I had my go into harm’s way, did not for a mo- for the wives in complete confusion, for life with the Purple Heart and the ment stop and ask the question why. the children without fathers, sisters Bronze Star and came home and felt I They were called to duty. They took an without brothers, brothers without sis- was a patriot. That fighting was to oath of office. They were National ters, aunts and uncles that are missing, give all Americans the opportunity, Guard, Reservists, and enlisted per- we need and owe this to the American some that had been denied my fore- sonnel; and they went willingly on be- people. fathers, to participate fully, to support half of the United States of America. I simply would say, Mr. Speaker, our government when we thought she that we can now look at language from They died on the fields of battle, their was right and to be patriotic enough to the Vice President of the United States blood shed because of us. We in this be able to criticize our government on August 26, 2002: ‘‘Simply stated, Congress who still live owe them not when we thought she was wrong. there is no doubt that Saddam Hussein only a debt of gratitude but we owe I think we in the Congressional now has weapons of mass destruction.’’ them the truth. We owe our Reservists Black Caucus have even a higher re- ‘‘Right now Iraq is expanding and im- an extension of their benefits, the abil- sponsibility than a lot of Members of proving facilities that were used for ity to retire at 55, and we owe them the Congress because our constituents be- the production of biological weapons.’’ greatest understanding of the sacrifice lieve in us so much that they give us President Bush, September 12, 2002. that they have made. the latitude to express their concerns ‘‘The Iraqi regime possesses and pro- In closing, as my colleague indicated, and to talk about their aspirations as duces chemical and biological weapons we have all visited the young men and well as their fears. That is one of the and is seeking nuclear weapons.’’ Presi- women in our hospitals, Bethesda reasons why we do not have to take dent Bush, October 7, 2002. Naval and Walter Reed. Their faces are polls, we do not have to get on the On what basis were they making bright with a sense of hope and duty. phone and ask them what do you think these statements? This cannot be left They talk about the tragedy of their about the war. But we know that as to a bipartisan commission selected by loss, lost limbs, lost spirit; but they re- great as this country is, that one of our the President, even if it is represented main undaunted, willing to serve responsibilities is to make certain that to be bipartisan. Congress must do its again. she is all that she can be; and it is our duty. I cannot imagine that this Congress, responsibility, as our forefathers before ‘‘We have also discovered through in- many of whom stood on the floor of us, to take it to that higher level, and telligence that Iraq has a growing fleet this House and cried as they debated we cannot do that if the resources of of manned and unarmed aerial vehicles the resolution to make the choice of this country are depleted or we find that would be used to disburse chem- giving the President unfettered author- our youth are not there to pick up the ical or biological weapons across broad ity to go to war, I cannot now imagine baton and take it to a higher level. areas. We are concerned that Iraq is ex- that this Congress would refuse its If this country can decide because we ploring ways of using UVAs for mis- duty for finding out the truth on behalf do not like somebody or we think that sions targeting the United States.’’ of those who were sent to war by our person is a threat or because they have Again, President Bush, October 7, 2002. vote, by those who voted for it, and demonized their own people or they Yet the Carnegie report of just a few then of course then sent these young have talked in a way that we do not months ago, and David Kay has indi- men and women off to war and refuse like against the United States, that we cated there are no weapons of mass de- to now stand to find out the truth. We can have a preemptive strike and re- struction. There were no weapons of hope that that will occur. move that person, and then we find out

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.143 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H375 later as we find every day that the in- give up their civilian jobs, and some b 2015 formation we relied on was faulty, have already served the military. Sup- And we are going to raise the stand- what happens if next time the informa- pose he said they would have a drop in ard before we go to war to make cer- tion is reliable but just no one believes their income from their civilian pay, tain that our Nation is being threat- us? What happens when the President and these people who go away for ened. Going over there and having peo- says that there is an imminent threat weekends and 2 weeks to train would ple being killed by land mines, just against the United States of America, now have to be separated from their standing up as sitting ducks or falling and then we find that Americans and wives and families for over a year. Sup- helicopters, that is not what you call the Congress say, yes, we have heard pose he had said that they would have fighting for America. That is being put that before. to go to Iraq two and three times and in a no-win position and we are losing It just seems to me that those people that soon these civilian soldiers will be the life of one American a day. who voted to give the President this 40 percent of the occupation of Iraq. I am asking Republicans and Demo- authority felt in their hearts that Mr. Speaker, suppose he had said crats, liberals and conservatives, be pa- there was an imminent threat to the that we are running out of people and triotic, be patriots. Sometimes it takes United States of America. But I lis- that we would have to consider a draft, a little courage and we have to explain tened carefully to the President chang- that we are talking about our Nation to our voters and our constituents ing all of the reasons that he had given will have to make a sacrifice in order what we are talking about. But we do for why he asked this Nation to send to remove terrorism from this region of not have a draft. Some Members do not its young people to Iraq in a unilateral the world, and everybody had to share know the pain the families are going preemptive strike against Iraq and in the sacrifice. Members of Congress, through, and the President says that Saddam Hussein. There used to be a their children and grandchildren would some Americans do not even know we time when he would talk about the re- be drafted, members of the cabinet are at war. Mr. President, the families lationship to al Qaeda. There used to would be drafted. Suppose he said in of those that have been struck in Iraq, they know we are at war. We in the be a time when he talked about weap- order to get rid of this demon, all of Congressional Black Caucus would like ons of mass destruction. There used to these things would be necessary, I won- to educate the American people that be a time that he talked about an im- der whether or not the President would war is hell and we should never, never, minent threat to the United States of have gotten the vote if we knew all of never go to war if we can negotiate a America. these facts. But if I hear him correctly now, he is peace. Mr. Speaker, that is why I am saying saying, what difference does it make, Mr. CUMMINGS. I want to thank the it is so important for us to be able to we got rid of Saddam Hussein. What gentleman from New York. I really ap- alert America that this whole idea of difference does it make? It makes the preciate what he has said. We thank removing Saddam Hussein had abso- difference if the President had come him for his service to this country in lutely nothing to do with the terrible here to the House of Representatives so many, many ways. strike that the terrorists had in my be- Mr. Speaker, it is my honor to yield and said, do you want to get rid of Sad- loved City and State of New York. The to the gentlewoman from California dam Hussein. We probably would have President, by the admission of Sec- (Ms. WATERS) who night after night had a unanimous vote, yes, we do. But retary O’Neill and other competent and day after day before this war start- what if the next question was: Are you writings, had already planned to reed came to this floor and laid out a prepared to give us 532 lives of young move Saddam Hussein, that the whole brilliant case, over and over again, as people in order to do it? to why we should not be going to war. Suppose he said the price to get rid of concept of a preemptive strike was a If there was anybody in this entire this international terrorist was to have part of our foreign policy, and it was Congress, Mr. Speaker, who could say I 2,000 men and women maimed and crip- the tragic event of 9/11 that allowed him to connect an idea that they al- told you so, it would be the gentle- pled and in our hospitals. Suppose he woman from California. I have abso- said in this war the Secretary of De- ready decided to do, taking advantage of the emotion of the Members of Con- lutely no doubt that this is an issue fense would report to the American that tears at her heart every time she people, albeit by a leak, that he did not gress who thought they were reflecting the emotion of the people in the United hears about another person being know if we were winning this war or harmed in Iraq. not even after these losses. Suppose, States. If we just allow this to go by, if we do Ms. WATERS. Mr. Speaker, I would further, Mr. Rumsfeld would say he had like to thank the chairman of the Con- no clue whether or not we were cre- not have competent outside investigations and if our Secretary of State said gressional Black Caucus for organizing ating more terrorists than we were this Special Order and I too commend killing. Suppose he said that he was he did not know if he would have gone to the U.N. and supported this invasion him for taking so much of his time to just thinking out of the box, but in his organize us to come to this floor to if that information had been there, opinion the whole thing was a slog. help shed light on what is going on in then what happens if we do have an- Suppose he said that in addition to this Congress and in this world. I look other crisis and that is the situation having our young men and women who forward to every opportunity that he that is before us? love this country and salute the flag affords me to participate. every time it goes up, that enlisted So I ask the Congress to do this, The massive costs of the war and how into the Army coming from our inner please do not forget our true fallen he- they will affect Americans in their ev- cities and rural areas in order to get a roes. It is not the ones that just return eryday lives is an incredibly important better education and better handle on home; it is those that come home in issue that we must continue to discuss. life, or like some of us who volun- the darkness of night. We do not even This past Monday, the President sent teered, that we could not make it eco- know whether we have a flag over their his fiscal year 2005 budget to Congress. nomically and this was an opportunity coffin because the press are forbidden We found out that under this Presi- to get better training. Suppose he said to be there. We ask that those of us in dent’s guidance, the Nation’s debt has even though they had 3-, 6-, and 9-year the Congress form a caucus for these grown to record numbers. This year enlistments, that they would give them fallen heroes to be there for their fami- alone, the deficit is expected to be at additional time to serve because it was lies and kids and to make certain that least $521 billion. And the national debt a national emergency, suppose the we are treating them not like we are has grown by $1.7 trillion since 2001. President had told us when he asked treating the veterans in the budget Yet instead of taking the necessary the Congress to take out Saddam Hus- today, but that we make a commit- steps to bring our fiscal house into sein that 20 percent of the soldiers over ment that even though they are not order, the President has proposed more there would be men and women from our kids in terms of being our biologi- of his failed policies. the Reservists and the National Guard. cal kids or grandkids, they are the I am having an interesting time, Mr. Suppose he said they would not be all children of our Nation and we have Speaker, discussing this with my young people, they would be 30, 40, 50, made a commitment that we are going friends. They say to me, MAXINE WA- even 60 years old. They would have to to protect them. TERS, I thought that you were the one

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.145 H04PT1 H376 CONGRESSIONAL RECORD — HOUSE February 4, 2004 that has been accused of being one of erences tonight to the reason we were done. I am glad that we are here talk- those tax-and-spend liberals but now told we were going into this war and ing about it this evening. your President has outdone you. He is we must say it over and over again; we Mr. Speaker, the administration’s spending money like a drunken sailor. did a preemptive strike because Sad- rhetoric does not support the situation How can you explain it? dam Hussein and Iraq had weapons of we find ourselves in today. We were not I say to him, I cannot explain it, but mass destruction and we were in immi- welcomed as liberators, there are no it falls into that category of misdirec- nent danger. We were told this over weapons of mass destruction, hundreds tion, of tales that are being told that and over again and Colin Powell even of U.S. soldiers are dying, and tax- just do not hold up when you place had some maps. He pointed to some payers are paying billions of dollars for them under scrutiny. sheds where chemicals were being a war that need not be fought. Mean- The President’s budget is extremely made and the weapons of mass destruc- while, our responsibilities here at home dangerous. It calls for eliminating 38 tion were being developed. are being neglected. education programs and cutting fund- But we have been misled on many The Senate’s ricin scare yesterday ing for dozens of others. It does vir- things by this President and now we reminds us that our homeland is not as tually nothing for the 43 million Amer- find ourselves in a terrible situation in secure as it should be. Our schools con- icans who have no health insurance. It Iraq. We are not in control. Our sol- tinue to be in disrepair and hundreds of cuts $1.6 billion from HUD’s section 8 diers are dying, being picked off one by thousands of workers are losing their voucher program and an additional $130 one. Suicide bombings are taking jobs. million from public housing. The Presi- place. Soldiers are losing their lives. I Mr. Speaker, we need to reassess our dent’s budget even cuts, by 7 percent, am sure their families are asking, why? priorities. Unfortunately, this budget programs designed to protect our Or what does this all mean? Not only does not do any of these things. There drinking water, keep our air clean and are they losing their lives, we were told is so much more we can say, but I am other important environmental pro- after the President could no longer going to yield my time to our leader grams. support or justify the weapons of mass here so that he can wrap this up to- The budget even calls for imposing destruction that we really needed a re- night. But we have more to say and we copayments and enrollment fees for gime change, that we had to be about will be back again because the Amer- our veterans in order to receive health the business of creating democracy in ican public wants to hear from us. care for their injuries sustained while Iraq. Now we are at the point where Mr. CUMMINGS. I want to thank the protecting our Nation. I find it appall- our President has said they are going gentlewoman for her statement. I also ing that our President would require to turn over governance to the Iraqis, want to thank her for her compassion. our veterans to pay up to $250 enroll- only to find out that this President And so it is tonight, Mr. Speaker, the ment fees in order to receive the care does not want free and fair elections, Congressional Black Caucus, which has they need. But these are just a few ex- he does not want free and fair elections earned the title of being the conscience amples of the administration’s policies because, oh, somebody may win that he of the Congress, but I often say the that penalize working Americans. The does not like. And I want you to know conscience of the Nation, has come to- war in Iraq is a continuation of these that the protests are growing in Iraq gether to try to address these issues. policies. It is the working American about the fact that this President now As the gentleman from New York and that is fighting, dying and paying for wants to select and choose who will be as the gentlewoman from California this war. The wealthiest of Americans, in charge of Iraq. He wants to put in a stated very clearly, what we are about on the other hand, are not being asked council through some kind of caucuses this evening is trying to make sure to make any of these sacrifices. None to avoid the Shiites being in control, that we let the American people know are serving themselves, and few if any because they may be the ones that get what is going on, because we believe have sons or daughters in the U.S. elected in this war as opposed to the that they need to know and they need Armed Forces. And they are the bene- Sunnis that they would like to have to understand what goes on in this ficiaries of hundreds of billions of dol- elected. But whether we are talking Congress and how it affects them on a lars in tax cuts which makes it increas- about Iraq or Afghanistan, we really daily basis. ingly difficult to pay for this war. did not have a plan. We really thought But the fact still remains that there To date, the President has asked for we could just bomb everybody into sub- are families tonight who are sitting and received $157 billion for this war in mission, take over the oil fields and watching this, and they are asking the Iraq. Amazingly, recent press reports chop up the spoils. And are we dis- question, as the gentlewoman from suggest that the President will ask for appointed. California said, of why is it that my another additional $50 million shortly My goodness, how much more insult son is no longer with me? Or why is it after the next election for military ac- do the American people have to take that my mother is no longer with me, tivities in Iraq and Afghanistan. This from this administration? Here we a child may say. will bring the total to $206 billion. have the Vice President of the United But the fact is that we must be clear. What is so disappointing, though not States of America, Mr. DICK CHENEY, We have asked this President over and surprising, is the difference between who is still receiving paychecks from over again to meet with the Congres- what we were told the costs would be his old company, Halliburton. And sional Black Caucus which represents for this war and what the costs are what have we found out about Halli- over 26 million people. And as I have turning out to be. Throughout the burton? They are cheating us right and often said, they are not just African buildup to the war, and even during the left. Not only have they overcharged us American people. As a matter of fact, early stages, the American people were for the oil they are importing from Ku- more than a third of them are white. assured that the costs would be mini- wait to Iraq, we find out they are The fact is that we believe very strong- mal. Who can forget Deputy Secretary cheating us on the amount of the food ly that when we come to this floor, we of Defense Wolfowitz’ statement in that they are serving to our soldiers. are speaking for America. And so it is, March of 2003 when he said, ‘‘We’re They are giving us extraordinary num- Mr. Speaker, the Congressional Black dealing with a country that can really bers, only to find out that they are not Caucus urges our constituents and finance its own reconstruction and rel- really serving the numbers that they urges the Nation to pay close attention atively soon.’’ But the sad reality is represent. to all that is going on with regard to that it is the American people who are I talked about some of this last this war and all that is not. paying for this war. night, but it goes on and on and on. We Mr. PAYNE. Mr. Speaker, last year, I led the Mr. Speaker, as we look at this ad- are paying for a war that we should not opposition to a pre-emptive war in Iraq— ministration and this war, we cannot have been in in the first place. We are which, according to testimony given this week help but now understand why the paying contractors who are cheating us by former top U.S. Weapons Inspector David American people are finally waking up like Halliburton, who are getting no- Kay, wasn’t even pre-emptive. If Saddam Hus- to how they have been misled and mis- bid contracts, and there is no end to all sein had no weapons of mass destruction pro- directed by this President and this ad- of this. This administration is going to gram, what potential harm were we pre- ministration. Of course, we heard ref- have to pay a price for what it has empting?

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 E:\CR\FM\K04FE7.147 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H377 President Bush has led our country further bring home the tens of thousands men and GENERAL LEAVE and further away from the fold of the inter- women whose lives have been placed on the Mr. CUMMINGS. Mr. Speaker, I ask national community, ignoring the United Na- line for no good reason. We must see change unanimous consent that all Members tions Security council’s findings, and virtually for the better. may have 5 legislative days within demolishing the international support we had More numbers: which to revise and extend their re- received following September 11th. He has For the cost of every cluster bomb, we can marks on the subject of my Special challenged Americans to a ‘‘you’re either with enroll 2 children in Head Start. Order. us or against us’’ agenda, which leads to the For the cost of every minute of the war on The SPEAKER pro tempore (Mr. Iraq, we could have paid the annual salary most dangerous kind of patriotism—where KING of Iowa). Is there objection to the questioning and dissent are considered un- and benefits for 15 registered nurses. For request of the gentleman from Mary- American. Well I, as an American and a pa- every hour of the war on Iraq, we could im- land? triot, am now standing again to ask questions prove, repair, and modernize 20 schools. For There was no objection. about the cost of this war. the cost of one day’s war on Iraq, we could We spent $396 billion in military spending have prevented all of the budget cuts to edu- f alone for 2003. As big as this number is, it cation programs in 2003. For the amount of b 2030 does not even include the cost of the Iraq war, money we spend ever week in Iraq, we could REPORT ON TRIP TO LIBYA, IRAQ, which was funded through two additional sup- build 142,857 units of affordable housing. For AFGHANISTAN, UZBEKISTAN, plemental requests; the first for $79 billion, the the amount of money we spend to buy one AND MILITARY HOSPITAL IN second was another $87 billion. Together, that stealth bomber, we could pay the annual sal- GERMANY amounts an amazing $562 billion. For 2003, ary plus benefits for 38,000 teachers. We that amounts to almost $11 billion dollars might be able to give a few of them a raise— The SPEAKER pro tempore (Mr. spent ever week, and more than $1.5 billion image that! KING of Iowa). Under the Speaker’s an- spent every day. Compare that to this year’s Each day the Pentagon spends $1.7 billion, nounced policy of January 7, 2003, the Department of Education budget of $54 billion, which is enough to build 200 new elementary gentleman from Pennsylvania (Mr. which works out to less than 150 million dol- schools, house 136,000 homeless, or provide WELDON) is recognized for 60 minutes lars per day, which averages out to less than Pell grants to one million college students (per as the designee of the majority leader. $3 million per day in education spending in day!). Mr. WELDON of Pennsylvania. Mr. each state. $1.5 billion on the military, $3 mil- With less than the cost of ONE of the Iraq Speaker, the topic of my Special Order lion on education: so where are our priorities? supplementals, we could do all these things: this evening, and I think I will be Here at home, 9 million Americans are un- Provide basic health and food to the world’s joined by other Members from both employed, 35 million live under the official poor: $12 billion. Rebuild America’s public sides, is our recent trip to Libya, Iraq, poverty line, 44 million have no health insur- schools over 10 years: $12 billion. Reduce Afghanistan, Uzbekistan, and our mili- ance, and millions more are unable to make class size for grades 1–3 to 15 students per tary hospital for our troops in Ger- ends meet. States face their worst fiscal crisis class: $11 billion. Reduce debts of impover- many. But before I get into my com- since the Great Depression, and the yearly ished nations: $10 billion; Provide health insur- ments about the trip, let me put some federal budget deficit is passing $500 billion ance to all uninsured American kids: $6 billion; specific quotes from Dr. Kay, who has and growing rapidly. My own state, New Jer- Increased federal funding for clean energy and just been referred to by a previous sey, is facing a projected $5 billion budget def- energy efficiency: $6 billion; Public financing of speaker, who made the allegation that icit for 2004. all federal elections: $1 billion; Fully fund Head Dr. Kay said there was no basis for our And this administration doesn’t intend to Start: $2 billion. activity in Iraq. change course anytime soon. According to the Other countries military spending: Russia— Mr. Speaker, let me put the actual 2005 budget released this week, they are $65 billion; China—$47 billion; Japan—$42.6 quote in the RECORD, not something planning to spend $2.2 trillion on the military billion; U.K.—$38.4 billion. that is paraphrasing, but the actual over the next 5 years. These combined are a total of $193 billion, quote. In an interview that Dr. Kay For 2004 alone, they plan to spend $399 bil- which is less than half our FY ’03 or FY ’04 conducted on NBC TV, he was asked to lion on the military (which does not include military spending—not including the cost of comment on whether it was prudent to any possible future supplemental funding re- Iraq and Afghanistan. go to war. Dr. Kay said, ‘‘I think it was quests for Iraq or Afghanistan) which is more Please don’t confuse military spending with absolutely prudent. In fact, I think at than the combined spending that year for edu- the safety and security of our Nation. It is a the end of the inspection process, we cation, Health, Justice, Housing Assistance, common misconception that higher military en- will paint a picture of Iraq that was far International Affairs, Veterans Benefits, Nat- hances homeland security. However, many of more dangerous than we even thought ural Resources & Environment, Science & these responsibilities fall onto our struggling, it was before the war.’’ Space, Transportation, employment, Employ- under funded State and local government Mr. Speaker, that is not me para- ment Training, Social Services, Income Secu- agencies, whom we know as ‘‘first respond- phrasing; that is not me summarizing rity, Economic Development, Social Security, ers,’’ and to agencies outside of the Defense or putting my own spin on what Dr. Medicare, Agriculture, and Energy. Department, such as the FBI, FEMA, and the Kay said. That is a direct quote from Where we spend our money is a telling sign Coast Guard. This massive military spending Dr. Kay, and the American people and of where our priorities lie. We have aban- budget addresses none of these programs. our colleagues need to understand that doned our children, our teachers, our laborers, Another matter of concern to me is not only as we analyze what has been said in the our homeless, our veterans, and our seniors in how much money we’re spending on our mili- findings of the Kay report, that we ac- order to fund these regime-changing, unilateral tary, but how that money is being spent. The tually look at those statements, as op- military actions. We are under funding No President’s $87 billion supplemental contained posed to trying to spin them. Some of Child Left Behind, IDEA, after-school pro- an astronomical waste of taxpayer dollars. our colleagues on the other side, espe- grams, and family literacy programs. We have These are just some of the administration’s re- cially those running for the Presi- not extended unemployment benefits for those quests: dency, have tried to put a spin on what without jobs. We have offered our seniors a $100 million for several new housing com- Dr. Kay said. It is more important for Medicare program that does almost nothing to munities, complete with roads, schools, and a the American people and for our col- cut their prescription drug costs, and we’re medical clinic; $20 million for business class- leagues to look at in actuality what he threatening to destabilize their Social Security es, at a cost of $10,000 per Iraqi student; said. through privatization. $900 million for imported kerosene and diesel, But, Mr. Speaker, there is one more I am very concerned about the direction in even though Iraq has huge oil reserves; $54 point I want to make on this whole ef- which our country is headed. We’re sliding fur- million to study the Iraqi postal system; $10 fort of the spin of Dr. Kay, which ties ther and further down a slippery slope where million for prison-building consultants; $2 mil- into our trip, because of the 45 meet- our county’s basic needs are not being met. lion for garbage trucks; $200,000 each for ings that we held over the 7 days, vis- That is why this year’s presidential election is Iraqis in a witness protection program; $100 iting eight different countries and so key. We need a leader that can mend the million for hundreds of criminal investigators; traveling 25,500 miles in military air- relationships broken by this unnecessary war and $400 million for two prisons, at a cost of craft, including a military aircraft to and its ill-administered aftermath. We need to nearly $50,000 per bed. get over, a Navy plane, C–130s and

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.075 H04PT1 H378 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Blackhawk helicopters in Iraq, I think didates for the Presidency misinterpret on his statement, What is your current the most significant meeting we had what David Kay said. But we need to go effort in Iraq and do you expect and do was in Iraq, and that meeting was with beyond that, Mr. Speaker. We need to you anticipate the ability to find weap- the individual who is actually respon- bring over the individual who was actu- ons of mass destruction over the next sible for the Iraqi Survey Group, which ally responsible for the weapons of several months? is actually doing the search for weap- mass destruction search in Iraq. That I can tell you, Mr. Speaker, what he ons of mass destruction. is not Dr. Kay; that is General Keith told us unconditionally is that they are Now, Mr. Speaker, many of our col- Dayton. General Dayton has that re- very much into this search. It has not leagues in this room and many of the sponsibility, and it is he who oversees ended; it is not winding down. In fact, people around America have been con- those 1,500 people. they have placed more in the way of as- vinced by the media that Dr. Kay was General Dayton told us that they are sets and resources into the search for in charge of the investigation for weap- in fact enthusiastic about the work weapons of mass destruction. ons of mass destruction. Mr. Speaker, they are doing. He explained to us the Now, oftentimes in this city we do that is wrong. Dr. Kay was a consult- process now under way to send teams not pay attention to the facts. We try ant to the general who was in charge of into the rivers of Iraq, the lakes of to spin things. So I think it is ex- the Iraq Survey Group, and that gen- Iraq, the bodies of water where they tremely important that we bring over eral is a two star general by the name have leads that perhaps weapons of General Keith Dayton to give us a of Keith Dayton. mass destruction were dumped, and firsthand accounting of the search for On our trip to Iraq, in Baghdad we they are now conducting that search. weapons of mass destruction and to were taken to the Fusion Center, where They also told us, General Dayton give us the other half of the story to all of the intelligence is brought for and his colleagues, that there are lit- the findings of Dr. Kay, who was a con- the Iraqi Survey Group to do their erally millions of pages and volumes of sultant to General Dayton. work, and for 90 minutes members of documents that have yet to be Mr. Speaker, let me get back to the the Republican Party and the Demo- searched that can provide leads as to trip that we took, the bipartisan trip, crat Party who were a part of my bi- where weapons of mass destruction which in fact was the first trip to partisan delegation had a chance to lis- might be. Libya by Americans since 1969. ten to the actual leader of the inspec- I can tell you after visiting the ‘‘spi- My job as a member of the Com- tion process in Iraq give us an update. der hole’’ up in Takrit where Saddam mittee on Armed Services for the past I want to share with our colleagues, Hussein was holed up for a number of 17 years has been to make sure that we Mr. Speaker, what General Dayton days, that our military personnel went give our military the best equipment, said. First of all, he was perplexed. He over top of that site a dozen times and the best technology, and the best train- was frustrated. He could not under- never found Saddam Hussein. Now, ing to allow them to continue to be the stand why David Kay came back to that hole was rather large. So if we best military on the face of the Earth, America and made this public report could not find a hole with Saddam in it and we have done that. I am a self-de- when he had not yet, first of all, talked for 8 or 9 months, then I think we cer- scribed hawk in terms of supporting to the individual who was responsible tainly owe it to General Dayton to give our military. for the Iraqi inspection process, Gen- him the time to continue the search for But, Mr. Speaker, as the vice chair- eral Dayton. In fact, all of the individ- the evidence that he thinks in fact his man of the Committee on Armed Serv- uals that we met who were overseeing team can come up with. ices, I consider my number one priority the 1,500 people who are involved in the So the point is, Mr. Speaker, that on to be the avoidance of war, because war Iraq survey team were equally frus- this meeting in Iraq with the general has always got to be the last choice, trated. in charge of the survey team for weap- because when we commit our troops to We learned, for instance, that when ons of mass destruction, we got a clear- war, then we put America’s sons and David Kay left Iraq, he was not en- ly different picture from that that is daughters into harm’s way, knowing tirely happy, because he was dissatis- being portrayed by the American full well that some or perhaps many of fied that General Dayton had other media, both in terms of Dr. Kay’s re- them will not return to their families. missions besides the search for weap- port and the spin that has been made So over the past 17 years, while serv- ons of mass destruction and actually on that report. ing on the Committee on Armed Serv- had troops assigned to efforts like Today, Mr. Speaker, Secretary ices, making sure our military has the looking for our POW–MIA Scott Spik- Rumsfeld appeared before our Com- equipment they need, is properly er, and also were involved in the anti- mittee on Armed Services in the trained, and has the financial support terrorism efforts on the ground. David House, and I was the first Member of that they deserve, I have spent an Kay became upset and told this to Gen- Congress that was invited to ask ques- equal amount of time on the prolifera- eral Dayton, that there were assets tions of Secretary Rumsfeld. I laid all tion of weapons of mass destruction being diverted away from his efforts to of this out to him, and I asked him if technology and trying to find ways to look for weapons of mass destruction. he did not think it was time to do what take those enemies of ours and those That was one of the reasons why David the famous media person, Paul Harvey, would-be enemies of ours and turn Kay left the Iraqi theater to come back used to say at the end of his stories: them into, if not allies, at least coun- to America. and now we will hear the other half of tries that we can work with. Mr. Speaker, I have not seen that in the story. My primary focus has been with the the American media. I have not heard Mr. Speaker, today I requested of former Soviet states, where I have that story yet brought forward. But Secretary Rumsfeld that Major Gen- traveled almost 35 times and estab- the individual in charge of the Iraq eral Keith Dayton be brought back to lished a relationship with the par- Survey Group, General Keith Dayton, America to testify before the Congress liaments of all of those former nations told us that when we had our meeting about the work that he is directing that were once a part of the Soviet with him in Baghdad. right now on looking for weapons of Union. For the past 13 years, with my Mr. Speaker, we also learned that Dr. mass destruction. Then Members of colleague, the gentleman from Mary- Kay had not been in Iraq for the last Congress can ask him about the condi- land (Mr. HOYER), we have co-chaired a several months, during which time he tions under which David Kay operated, formal effort with the Duma in the could have had an exchange, an update that he was in fact a consultant to Russian Government, the legislative of the work that was being done by the General Dayton. Then we can ask the body of that country, to establish a Iraq Survey Group. So, Mr. Speaker, I questions about the circumstances close relationship of friends and part- think it is essentially important that under which Dr. Kay left Iraq. Was ners. We have had some ups and downs, we take an additional step here. there friction? What was that friction? but the fact is that we are still work- Now, Dr. Kay has issued a report that Then we can ask the most important ing aggressively together. I think stands on its own and speaks question for the American people of a We have done the same thing with for itself. It does not help when Mem- two star general who is apolitical and Ukraine, with the Rada; with Moldova, bers of this body or the media or can- is not going to put any kind of a spin with the Parliament; with Georgia,

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.150 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H379 with their Parliament; with Azerbaijan this body and the leader of France, But again, in that case, I thought the and with Armenia. We have done it Jacques Chirac, and the leader of Ger- military action was justified, but I with Uzbekistan, and we are now many Gerhard Schroeder who criticized would say in the case of North Korea reaching out to other countries that President Bush for going into Iraq to and Libya and perhaps Iran, if we can were once a part of the Soviet Union to remove Saddam Hussein. Because what avoid conflict, we should take every bring all of those countries into a level is interesting is, just 4 short years ago, opportunity to explore that to its end. of cooperation and understanding with many of these same people criticizing That is why, Mr. Speaker, almost a us. President Bush from this body, as well year ago, at a conference on world en- Mr. Speaker, the Soviet Union and as Jacques Chirac and Gerhard Schroe- ergy issues in Houston, Texas, I chal- its republics were the source of much der, were the very individuals pushing lenged major international energy cor- of the technology that ended up in the Bill Clinton into a war in Yugoslavia porations to come together and estab- hands of the Libyans, the Iraqis, the to remove Milosevic from power. And lish an International Energy Advisory Iranians, the North Koreans and the guess what, Mr. Speaker? When Council, to specifically focus on the Syrians. In fact, Mr. Speaker, during Schroeder and Chirac and some of the use of energy as a mechanism to avoid the 1990s, I must have given 100 speech- Members of this body who are criti- war and as a mechanism to help us es on what we saw occurring on a reg- cizing President Bush pushed Bill Clin- solve regional conflicts that could lead ular basis, the transfer of technology ton into an armed conflict, they did to major escalations of war. That from Russia and China and those not go to the U.N. for a resolution, be- group, headed up by Jeffrey Waterers, former Soviet states into the hands of cause they knew full well that Russia had an initial meeting in Washington, those five countries that I just men- would veto any such resolution of the D.C. in July in the Rayburn Office tioned. Time and again there were vio- Security Council. So what did they do? Building, where Chalabi came over lations of arms control agreements. Bill Clinton, Gerhard Schroeder, and from Iraq and spoke to the energy lead- But the response of the administration Jacques Chirac, supported by many of ers about Iraq postwar. We had major in the nineties was to pretend we did those in this body who have been criti- leaders from the State Department and not see it, because the administration cizing President Bush, did not go to the DOD came into speak, and allowed the was more concerned with keeping Boris U.N. as George Bush did, they went to energy corporations, including those Yeltsin in power, even when the people NATO. from Iraq and Iran, to come together of Russia had come to believe that he Now, Mr. Speaker, NATO is a defen- and see if energy could not provide a was no longer a credible leader for sive body. It was organized as a defen- partial solution to the crisis both in their nation. sive entity to defend Europe and the Iraq as well as other crises around the Mr. Speaker, we did the same thing NATO countries from an attack by a world. in reaching out to other countries, like nation like the Soviet Union. NATO In October, a second forum was held China, that in fact were heading to- was never meant to be an offensive or- in London, again attended by all of the wards a course of perhaps being an ganization. But in 1999, many of those major leaders around the world in the enemy of the U.S.; leading six delega- same people, including many of those energy industry, which I could not at- tions to that Nation; being the only Democrat candidates for President tend. But following that meeting, I set elected official asked to speak two today, were out there supporting up a private meeting with Colonel times at the National Defense Univer- Jacques Chirac and Gerhard Schroeder Gadhafi’s son, Saif al Saleem al sity of the People’s Liberation Army in and Bill Clinton in using NATO for the Gadhafi, a 34-year-old, London-edu- Beijing. first and only time ever in its history cated, Ph.D. candidate at the London Finally, Mr. Speaker, last May, after as an offensive invasion force into a School of Economics, who today is ap- 2 years of planning, I was proud to take non NATO country. parently, according to some pundits, in the first delegation of Members of Con- So we invaded Yugoslavia. We line to succeed his father as the leader gress, again a bipartisan delegation, bombed Serbia. We removed Milosevic, of Libya. into Pyongyang, North Korea, the goal who was a war criminal. But what is so I wanted to meet this individual, be- there being to support the President confusing to me, Mr. Speaker, is that cause we had mutual interests, to see and continuing the dialogue of the six those same people who were on Bill whether or not there was a possibility nations to eventually resolve the con- Clinton’s band wagon to invade Serbia of breaking new ground with Libya po- flict between North Korea, South and Yugoslavia because Milosevic was litically, of seeing whether or not there Korea and the rest of the world. a war criminal, all of a sudden, having would be a movement away from the In fact, Mr. Speaker, following the supported George Bush, even though he policies of the past, which I had heard next round of six-way talks at the end went to the U.N. for the 17th and 18th to be rumored back in the middle part of this month, I will again lead a dele- time, even though Saddam Hussein has of last year, unaware of what was hap- gation back into North Korea to con- been characterized by everyone, from pening with our own private discus- tinue a positive effort to support our Max Vanderstadt, the U.N. Human sions within our government. In Janu- President in finding a peaceful solution Rights Advisor, to Amnesty Inter- ary of this year, the meeting with Saif to the Korean nuclear crisis, again to national as the worst human rights al Gadhafi took place. He and I had a avoid war, because of the consequence abuser since Adolf Hitler, did not want long discussion. We talked about of putting America’s sons and daugh- to support the effort in Iraq. Sounds Libya’s past relationship with the U.S. ters into harm’s way. like politics to me, Mr. Speaker. It and the West. We talked about the hor- does not sound like much consistency rible bombings, the terrible tragedy of b 2045 or substance. Lockerbie, the bombings in Berlin, the Now, I also fully realize, Mr. Speak- How can you be for removing a war linkage of Libyan state-sponsored ter- er, that that is not always possible, and criminal like Milosevic from power and rorism, and I told Saif, we can never one case in point was Iraq. We gave not going through the U.N., but using forgive and never forget. Likewise, he Saddam Hussein 18 chances to abide by NATO as an offensive force, and then 4 told me it was difficult for he and his U.N. resolutions, 18 opportunities to years later, criticize President Bush father to forget that we had bombed come clean, to basically come forward after having gone to NATO for the 17th their home and in fact killed his 11⁄2 and tell the world what he had been and 18th time, after having given Sad- year old sister. But we both said it was doing. And the response of Saddam dam Hussein every opportunity, and time to look to the future as opposed Hussein was to thumb his nose at us then, in the end, who decided we had to to the past. and at the rest of the world and to defy remove this war criminal, this user of But Saif was one who was looking to the world community. As a result, the weapons of mass destruction, as he did settle the past problems with the President was left with no choice when against the Kurds, as he did against Lockerbie victims’ families, to look at he asked us to support him in a resolu- the Iranians, from power. It does not putting to rest those issues where tion of war. make sense to me, Mr. Speaker, unless, Libya had done horrible things, and For the life of me, Mr. Speaker, I of course, you add in the political equa- that perhaps it was time to move into cannot understand the logic of those in tion. a new direction. So he invited me to

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.152 H04PT1 H380 CONGRESSIONAL RECORD — HOUSE February 4, 2004 bring a delegation of our colleagues to America in any way displayed because positive. They came up to us, they Tripoli. I said I would gladly take that it would upset the people of the coun- shook our hands. A young 10-year-old, invitation. Two days later, a formal try. In fact, up until the 11th hour, when the gentlewoman from Michigan written invitation came to my office in they did not want us to land our mili- (Mrs. MILLER) said, Hi, how are you, Washington from the chairman of the tary plane at the Tripoli Airport. How said back to her, I am fine, how are People’S Congress in Libya, inviting wrong they were. you? And she said, You speak excellent me to bring a delegation in. We secured When we arrived in Tripoli, Mr. English. He said, I have been practicing a military plane and we decided our Speaker, and our plane pulled up to the in school. trip would involve not just Libya, but a tarmac, the number one spot in front We met shopkeepers, an elderly gen- trip that the White House had been en- of the air terminal at the main Tripoli tleman who was pounding the copper, couraging me to take with Members to Airport, there was a whole core of indi- making pots, who looked up and said, Iraq and Afghanistan. viduals from the leadership of Libya We are glad to have you in our coun- So the plane was secured, and from waiting to meet us. Officials from the try. We hope it is a new beginning. Ev- the Speaker’s list of Members who were government of the country, the foreign eryone we met on the streets of Trip- asked to go to Libya and Afghanistan, ministry, the people’s Congress, all out oli, Mr. Speaker, were positive toward we assembled a delegation, a bipartisan there welcoming the Americans back America. It overwhelmed us. It was not delegation, including my good friend, to their nation. In fact, there was a what we expected, it was not what we the gentleman from Texas (Mr. ORTIZ) huge media entourage, TV cameras, re- were told to expect by our own govern- who would have been here tonight, but porters who were there to ask us ques- ment back here in our country. he had a death of a close friend and is tions about why we were there and to In fact, Mr. Speaker, Members sitting down back in his district; the gen- follow us through our initial meeting around the table at the university with tleman from New York (Mr. ISRAEL), a which was held in the lobby of the the President of the Al Fateh Univer- Democrat; the gentleman from Lou- Tripoli Airport. sity and about 25 of his department isiana (Mr. ALEXANDER), a Democrat; The welcome was unbelievable; unbe- heads; and remember, this is a 75,000 the gentlewoman from Michigan (Mrs. lievably positive. As we sat down and student university, they have major MILLER), a Republican; the gentleman talked about our agenda for the 2 days programs in medicine, in law, in health from California (Mr. GALLEGLY), a Re- we were going to be there, I had asked care, in science, in technology, in edu- publican; the gentleman from Indiana for less than a dozen meetings. Mr. cation, in environment and agriculture. As he went around the room, (Mr. SOUDER), a Republican; and the Speaker, not only was every meeting each of these department heads, all of gentleman from California (Mr. ISSA), a that I asked for granted to us, but they Republican. The gentlemen from Cali- even went beyond and gave us meetings whom spoke excellent English, give us their background and what department fornia (Mr. GALLEGLY) and (Mr. ISSA) we had not asked for. We met with the joined us the day before we left. They Prime Minister, the Deputy Prime they headed. It was unbelievable, Mr. were not a part of the delegation going Minister, the Vice Prime Minister, the Speaker. All but two of them were educated here in America. They told us on to Iraq and Afghanistan; they only Foreign Minister, the minister in what schools they attended: UCLA, joined us for the Libyan portion of the charge of removing weapons of mass Princeton, Colorado, Michigan, Univer- trip. destruction from Libya. We met with And I would say, Mr. Speaker, any the foundation established by Saif al sity of Pennsylvania, Louisiana, Geor- Member of Congress could have come Gadhafi, the same foundation over- gia, all the major schools of our coun- with us on that trip into Libya. We had seeing the refunding of the money that try. over 100 empty seats on our aircraft. So is owed to those victims’ families of b 2100 any Member of Congress could have the Lockerbie disaster. We met at the And they told us of their longing to joined us if they had just called and ex- largest university in Libya, Al Fateh once again reestablish ties with the pressed an interest, as the gentlemen University, which has 75,000 students. American educational system and with from California did the day before we We met with the leaders of the Libyan- the American people. In fact, one of the left. American Friendship Society, which professors at the University, professor Mr. Speaker, our trip to Libya and was started in 2000, where 400 people of English, Dr. T. T. Tarhuui, wrote a the other countries was exhausting. As waited for 3 hours for us to arrive in poem entitled ‘‘Members of Congress,’’ I mentioned earlier, we traveled 25,500 this large tent to welcome us openly which I will enter into the RECORD miles, we visited 8 countries, and we with American flags flying outside of when I place our trip report in at the had 45 meetings. Members of our dele- the tent and inside of the tent, with end so the American people and our gation on some nights got less than 2 children dressed up in colorful cos- colleagues can read the poem he wrote hours sleep. When we arrived in Ku- tumes to sing for us, with young people for our visit. wait, before going into Iraq, we arrived reciting poetry for us and speeches wel- So the response by the people and the at 4 o’clock in the morning from our coming America back to Libya. leaders of Libya was unbelievably and plane, got to our hotel and had to be up Everyplace we went, Mr. Speaker, overwhelmingly positive. In fact, we at 6 o’clock in the morning for the every person we met, every group we asked to see a weapons of mass de- military to take us into Baghdad. So I talked to was hungry and starving for struction site. Not only did they take want to congratulate the members of a new positive relationship with Amer- us to their nuclear complex but we had the delegation that were on this trip ica. full access to their 10 megawatt re- because of their outstanding service to In fact, during our first day in down- search reactor which they opened to the country in performing an ex- town Tripoli, I asked the delegation to look into and to understand what they tremely difficult task, completing the break away with me to go on an un- were doing with radio isotopes and dis- mission that we set out for ourselves. planned event, to walk 3 or 4 blocks cuss with them their nuclear program; But I want to talk specifically about away from the hotel, and to go into the but before we went to that site, they what we actually did and, in the end, I marketplace, the old city, the shopping had us sit down with the minister who will ask to put our trip report in the district, where hundreds of shops and was in charge of the entire program to CONGRESSIONAL RECORD. local stores are there for the Libyan allow the IAEA and the U.S. and Great We did not know what to expect in citizens to buy their materials, their Britain to remove the weapons of mass Libya, Mr. Speaker, because no one had clothing, their housewares, their pots destruction from that nuclear site and been there from our country for the and pans, and the things that they need from Libya. In fact, much of that re- past 35 years. We were not sure what for their own lives. The delegation moval took place the same week that the response would be. In fact, we were walked together, without any we were in Libya on a separate mili- told by the White House and the Na- preannouncement, without guards tary aircraft. tional Security Council that the Liby- around us, without any advanced alert, But perhaps the most interesting ans did not want any presence of the and we went through the marketplace. meeting in Libya was with Colonel U.S., they certainly did not want to see Every person we met in the Libyan Qadafi. We did not know what to ex- the flag flown, and they did not want marketplace in downtown Tripoli was pect. We were taken to his residence

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.154 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H381 that we had bombed in 1986. We saw the and dialogue. But we also told him that On the ground up in the Tikrit area, devastation still evident. We saw the if that process continued that we were we were able to take Blackhawk heli- lessons and the stories about his sure that one day a normalization of copters out into the troop areas to daughter who was killed. And we were relations would occur. And when that meet with troops, to go to the spider then brought to another part of the day came, we in the Congress, Demo- hole where Saddam had been holed up, complex where there was a large out- crats and Republicans, were prepared to visit with our Special Forces. In door tent. We were led in and sat down to help our President establish a new fact, we were able to be a part of a on the sofas arranged in a semi-circle relationship with the people and the in- ceremony as one of our young Special manner and awaited the arrival of stitutions of Libya. Forces, Mr. Reyes, Sergeant Reyes, re- Colonel Qadafi. About 5 minutes later, Our meetings with Qadafi were pro- enlisted. We became a part of that he came into the tent in his glowing ductive, were candid, and were de- ceremony to honor him for his commit- purple robed outfit with his hat on, signed to convey a positive message of ment to our country. shook our hands, smiled and sat down. support for the leadership of our Presi- We had a tremendous interaction And for 2 hours we had a discussion dent in stating that Libya has become with the general in charge of the 4th among the group. And then I had a pri- a model of moving in the right direc- Infantry Division, General Odierno, vate session with him for 30 minutes. tion away from terrorism. who gave us a personal update as to the In the trip report, Mr. Speaker, are One of the things that Colonel Qadafi encounters that were taking place on a the very quotes that Colonel Qadafi said to us was that he was taking tre- daily basis. In fact, I had a very mov- mendous heat from the other Arab made to our group as transcribed by ing experience there with General leaders in the region who were making both our staff director, Doug Roach, Odierno because one of my constitu- fun of him, who were criticizing him and our military escort. We had two ents, a 24-year-old young man who I and calling him because of his decision separate note takers in that meeting. had nominated to West Point, was to renounce weapons of mass destruc- It was a very solemn meeting with killed in an attack back in the latter tion. And his concern was that Amer- Qadafi. For the first 25 or 30 minutes he part of 2003. ica not abandon him if, in fact, he con- talked to us in a very low tone, a very As General Odierno was describing to tinues to do the kinds of things that deliberate tone. And he said, You us some of the attacks on his troops, have happened over the past several know, I am so happy that you are here, he talked about a young 24-year-old weeks with both the IAEA, Great Brit- he said, but my question is why has it that he had come to know, an out- ain, and the United States. taken over 30 years for someone from So, Mr. Speaker, I think our trip to standing leader whose convoy was at- your country to sit down with me and Libya was extremely positive. We were tacked, whose troops came under heavy talk to me? I could understand if you not there to become a patsy for any- fire, who himself was hit, and in spite met with me and you had problems be- one. We were not there to try to brush of his own injuries, continued to pro- cause I had done something wrong, over what has happened in the past. We tect and save the lives of at least one some terrible act, but if you would were there to do what I said earlier is and possibly two other soldiers before have met with me and talked with me my top job as the vice chairman of the his life was snuffed out. and then felt that I was lying, you Committee on Armed Services, to As the general talked, and as I de- would have been justified in bombing avoid another war, to find a way not to scribed to him the 24-year-old that I me. But you did not talk to me for over appease anyone, but to continue on the had nominated to West Point, the gen- 30 years. path that our President has laid down, eral asked me his name. And I said He said, You do not understand the to turn a former terrorist nation, a na- Bernstein. He said Congressman, that Libyan people. We understand Amer- tion that has been involved in state- is who I was talking about. He went to ica. We studied all about it. And I sponsored activity in a new direction school with my son at West Point. I would ask you to help me in my effort to becoming friends with the U.S. happen to have a 3-page letter with me to reestablish that relationship with The second part of our trip moved us from Lieutenant Bernstein’s parents your country. to Iraq. We had amazing meetings with thanking me for the praise we had ac- Now, Mr. Speaker, we made no apolo- the troops. We had time with Ambas- knowledged for him to his family, in- gies to Colonel Qadafi. We let him and sador Bremer, with General Sanchez. cluding comments from those who his leaders know that the past actions We asked them to give us updates on knew the lieutenant, who had been of his government and some of his peo- the troops’ activities, on the stability touched by him during his brief life. I ple were outrageous and will never be inside of that country. gave a copy of that letter to the gen- forgiven nor forgotten. But we also We had a meeting with Dr. Pachachi, eral. He was very moved and presented said it is time to move into a new di- who is the leader of the governing me with the unit coin which I will rection. council. We had several of his col- present to the Bernstein family in re- We praised him personally for the leagues there with us as we talked membrance of their son, a brave Amer- public statements that he has made about the plan to hand Iraq over to his ican hero. about his willingness to remove his people. And he thanked us for that sup- Our visit with the troops in both Iraq weapons of mass destruction and about port. We assured him that America was and Afghanistan, Uzbekistan was to as- his willingness to turn over a new page there for the long haul; and that even sess what they needed. We came back in a relationship with the West. though the political rhetoric of this with the idea that they need more lin- He talked about his country’s coming election year will cause Democrats and guistic support, they need more UAVs, into the arms control regimes that for Republicans to criticize each other, and we need better benefits and sup- decades they have not been a part of. that we were not going to as Ameri- port for our Guard and Reservists who And for that we thanked him. And we cans abandon what we had started in are serving so well. And that message said to Colonel Qadafi, Your words are Iraq. was conveyed throughout the trip. important and we praise them, but We then went out with the troops, In leaving Iraq, we went to Islamabad words will not carry the day. You must Mr. Speaker. I mentioned we talked at and then flew into Afghanistan into show us with your actions that you length with the Iraq survey team. I the capital city of Kabul where we met truly are serious with removing the will not review that because I did it at with King Zahir Shah to assess his con- weapons of mass destruction, about the beginning of my Special Order. But tinuing role as the leader of that coun- changing the ways of the past, about we went out and had other meetings as try, someone who helped us get the working with us on the problem of ter- well in Iraq. In fact, we traveled up to Afghanis to convene Aloya Jirga to rorism, about rooting out those cells Tikrit. We went in a C–130, and we saw bring together the leaders to establish that exist in your country, and about the terrible trauma that our C–130 pi- a constitutional government. laying down a new foundation for the lots are under as they have to eva- In following the meeting with King future. sively fly into airports to do unbeliev- Zahir Shah, we met with the leader of We told him that we would judge able maneuvers so they can avoid the the government of Afghanistan, Hamid Libya and their colonel’s comments surface-to-air missiles that still exist Karzai. He talked to the success only based on substance as opposed to words in Iraq. made possible by the leadership of the

VerDate jul 14 2003 04:20 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.156 H04PT1 H382 CONGRESSIONAL RECORD — HOUSE February 4, 2004 United States. In between we met with b 2115 may be networking; and those of us more of our troops. Mr. SOUDER. Mr. Speaker, I first who have seen all sorts of classified Then we flew from Kabul up to our want to praise the gentleman for his things know we have Libyan suspects K2 base in Uzbekistan, a former Soviet continuing efforts in this often, and all over the world for potential net- military site where we spent a day and previously, ignored region of the world. works suspects. If he shuts this down, a half with the troops. Each member of He has been an expert in Russia for a if he shuts this nuclear development our delegation walked through the long time. I believe he said 33 different down, look, I am willing to sit through wards. We went to the bedsides of those trips to Russia, someone who is a fa- a few lectures. I am willing to talk. If soldiers, some who had shrapnel miliar face there, who will go nose to somebody can be moved off the ter- wounds, some who had been shot in the nose with the Russians, and at the rorist list, if somebody can be moved leg, some who had piercings of the same time the Russians know he will off the nuclear list, we can sit down eyes, some who had skin diseases. And be back again and again and again. He and talk. It does not mean that we are we told them that they were our he- is our friend while he is also arguing apologizing or that we are agreeing roes. with us. with past things. Okay. What is done is We met with those that were on the I have watched the gentleman prac- done. way out in transition, that were com- tice that in tough negotiations with If we have a chance at a time when ing back to the States. In fact, we of- Russia and prepare himself for the we are under assault all over the world fered seats to 12 of those young soldiers other types of things that he has been to find a friend who wants to fight al who came back with us to America and working with in this troubled region of Qaeda, who wants to take on bin then were taken to the Army medical the world. Laden, who wants to dismantle, and on facility here in Washington, D.C. for He has spent time in the Ukraine, in the whole I would just as soon they did further treatment and eventual trans- Georgia. His commitment to health research and tried to figure out port back to their districts. Uzbekistan and Kazakhstan and the so- how to put their nuclear research into We had two town meetings in the called ‘‘Stans’’ was there long before desalinization of water. They want our military base in K2. As we stayed over- we had the focus in the recent post-9/11 help to try to figure out how to get night, we had dinner one night and issues. The gentleman was interested breakfast the next morning with the more water in Libya so they can irri- troops. And during the evening and the in this for a long time since the Repub- gate. And that is a lot better than de- morning, we had town meetings to licans came into control in Congress veloping bombs to blow up our people. His comment that you referred to allow the troops to tell us what was on and even before that in his career. His efforts in North Korea. He has where he said, we do not know much their minds. They told us the good been in the world hot spots before they about Libya, partly we will never know things and bad things; but without any were known as the world hot spots; that much about Libya. And some of it question, Mr. Speaker, the morale of therefore, the particular trip that we our troops in every visit we made was was rhetoric and frustration we hear were able to do, as the gentleman has overwhelmingly positive. They knew all around the world. But you know why they were there. They were posi- explained tonight, we cannot overstate what, we did just not know much about tive for being there. And they were the gentleman’s role and the connec- Libya. I love to study history. We did happy that we came. tions and how these things are con- not know hardly anything about Libya. We delivered 10,000 Valentine’s cards, nected. Apparently, our government does not made by schoolchildren all over Amer- Because the gentleman is involved in either. ica. We delivered 25 cases of Tasty the energy, he got to know Mohammar They were telling the gentleman Cakes so the troops could get a fresh Khadafi’s son, who would enable us to from Pennsylvania (Mr. WELDON) that taste of America and the treats that get into places we were never able to we cannot land there. We do not know come from my hometown city of Phila- get in and help facilitate the break- how we will be received. They will be delphia. We even brought over shirts through that we are having in Libya. hostile. There will be no press cov- from the Philadelphia Eagles. Unfortu- The gentleman deserves that credit. No erage. And we landed, and there is not nately, not many wanted them because matter how many times it is said, the any other way to state this, it was the the Eagles had lost a terribly embar- fact remains that we were able to get friendliest place I’ve even been on a rassing game before in the playoffs, but into places that we were not able to get CODEL. we gave them out anyway. into, that Americans would not have Everybody was so excited to see us. Mr. Speaker, our trip was an over- been able to get into had the gen- Once the leader said, this is okay, all whelming success. I am proud of those tleman not been spending a lot longer this Americanism is pouring out. The Members of Congress that went on this than just the most recent time, but gentleman mentioned the university. journey to try to improve relations time way before that. I thank the gen- They want to get our education. The 38 with these nations, with these emerg- tleman very much for that. of the top 40 people have been educated ing democracies, and the conversion of Let me kind of reinforce a couple of in America. The U.S.-Libyan Friend- this former arch enemy of ours. things that the gentleman said. First, I ship Society, there is hundreds of peo- Now, Mr. Speaker, I would like to would like to start with Libya because ple waiting 3 hours to have lunch with yield to the gentleman from Indiana there were many of us, and let me just a few Congressmen. (Mr. SOUDER) for whatever time he in my little piece that I got to say to The excitement of the whole trip would like to consume, one of the stars the leader, Mr. Khadaffi, it was very there, you go, something is a dis- on this trip. He was the only member clear. I said, look, I am a fundamen- connect. We do not understand. And at of the delegation not on the Committee talist Christian. I am a strong sup- one of the dinners where the Libyan on Armed Services, the other five were; porter of Israel. I am one of your crit- husband of an American citizen asked but he is a strong supporter of our ics. But at the same time, and I did not me, Are you guys over here just to tick military and, more importantly, he is particularly like some of the things he off the French? And I said, What? I the chairman of the oversight com- was claiming to be, this great democ- said, I hate to be an ignorant American mittee that oversees all of our anti- racy and how great socialism was here, but why would we be ticking off narcotics and abuse efforts worldwide. working. We did not agree. But he said the French? He said, You do not under- He has been a leader in helping the it in a debating type of way, probably stand. In North Africa, Libya, Tunisia, President and the administration deal a little nicer than some of the debate Algeria, the French and the Italians with the problems of narcoterrorism, we had here earlier this evening. It was are viewed as the occupiers. The Amer- and he and his staff were there to spe- a good discussion. He seems to want to icans came in in World War II and lib- cifically focus on that issue, and he did start to communicate. erated us. We like America. And I am it extremely well at every stop. But it While I found some of the things he thinking, no, no, these are the guys was a pleasure to have him with us. He said offensive or in disagreement, the that hate us. has traveled in the past with me to bottom line is he took a huge step to It is not that we just do not know Russia. And I was proud to have him as open up a country that was previously much about Libya; we do not know a colleague on this trip. and still is on our terrorist list, that anything. We had it backwards. If they

VerDate jul 14 2003 03:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.157 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H383 are willing to work with us, hey, look, find it. Found a different hole. Then time, I think 85 percent of the people it is trust but verify. They could have they had to go back and get a drawn turned out in a recent election even taken us into a nuclear facility. map to go. though al Qaeda was threatening to The gentleman from Pennsylvania First off, if you think of the hole as kill them. They are excited. They have (Mr. WELDON) knew more than I did be- very small and the part where he would a multiparty system, multicandidates cause he has been to Russia so many go down into basically like a casket running. times, he goes, oh, that is a Russian with a higher ceiling, there was not We have to figure out how to get system. Were you working with this much room when you got down in them off the heroin because their farm- university? Were you working with there. You could not move barely at ers are not making that much from that university? It is clear that the all. heroin. It is going to middle men. And pressure that President Reagan put on No wonder he was disoriented. If he these middle men that are making the communism to get the fall of the Ber- had American troops tromping around money are often tied to the terrorist lin Wall and the change in Russia above him while they are making sev- networks. They use narcotics, human meant that it also dried up a lot of the eral visits with a little tube going trafficking and other illegal substances assistance they were getting in Libya. down, he was probably getting very lit- to fund it. So what I was trying to ex- And then they had to go into the mar- tle oxygen, it was dark, there was no plain and President Karzai has been ket to pick up a few things. That food, it is not like it is a lighted well- helpful, the general, the nephew I knowledge, while the gentleman knows structured cell. It was a little dirt box think of the King, said that we need a lot, quite frankly, he said repeatedly, that he was in. And if it is that hard by Special Forces, Afghani Special Forces look, there is only so much we can do. the time they put the grass over the to go in after the heroin because the The President makes these decisions. top of it and something over the top of RPGs and the bombs and the suicide We can input. We can help once it goes that, there was no way even Special bombers are getting funded in Afghani- through, how to put these plans to- Forces with a map could find it. Put stan largely by the fact that when the gether, but the bottom line is we want this in the context of weapons of mass heroin poppy goes into market, that nuclear scientists to look at their nu- destruction. money then gets to middle men who clear facilities. We want experts to If you cannot find Saddam when you take that money to buy armaments verify what we have heard. have a map from his top staffers, and and to build al Qaeda and other ter- What we see is they need it economi- you have your top forces searching for rorist networks around the world. cally. His son, who is the next poten- it with a map and it takes you two It is a very close link between drugs tial leader, wants to change the coun- runs, we may never find some of this and terrorism, a very close link to re- try. He is being schooled at the London stuff. Just because we do not find it establishing the control in Afghani- School of Economics. When you go into does not mean it does not exist. We stan. They have the will. They are Tunisia, you can see the differences be- have already proven it was worthwhile turning out to vote at greater rates tween there and Libya. So can all their to go in there because they were clear- than we are. They are excited about people next door. They have reasons to ly developing. the freedom. Women have their first want to change. He does not want to be The other thing was in going down to freedom. We have an American-edu- caught in a spider hole like Saddam the Believer’s Palace at the bottom, cated leader who really is dynamic in was. when we went down and saw the sup- what he wants to do in Afghanistan, a All the evidence suggests that this is posed place where he would feed back King who has shown his commitment real. What the chairman said, to go up all this stuff to us and we were one of for 40 years and then transferring it to to Libya, was a huge breakthrough. the first groups, I believe they had just democratic power there. The administration is moving rapidly opened up the basement there, and you I was hopeful for Afghanistan even and this may be one of the biggest saw the ability to put 200 of his special though it is a very tough country that things in our life time that saves lots. guards and his cabinet and himself in has been abused by every major power And it is much to the gentleman’s there. What we saw was not only the through world history for hundreds and credit, and it was a great stop in Libya. masks that you always hear about, hundreds of years. This was an eye- I only want to mention one thing chemical and biological masks, but opening trip. It was a tremendous about Iraq because I agree with every- they had controls on the wall for dif- privilege to be allowed on it. thing the gentleman has stated about ferent types of chemical and biological I commend the gentleman for leading that, from everything to morale to oth- weapons to control the air systems and a breakthrough in Libya, major steps ers; but I supported and the gentleman other things. This guy was not pre- in Iraq, and showing the courage to go mentioned about getting General Day- paring for conventional war. into Afghanistan even when people ton in here and the weapons of mass Whether he was preparing now or a were telling us, the day we were still destruction, trying to understand that year from now or 2 years from now going in, do not go in there. It is not the consultants somehow got more may be debated, but he was getting safe right now; we went in. President high profile than the people that are ready to fight an unconventional war. Karzai was able to go in front of his actually running the weapons of mass In Afghanistan, which was one of my media and say, look, the Americans are destruction program, that there are primary goals to talk again to Presi- here. They are backing us up. They are multiple directions here; but what I dent Karzai, who I met here as well as not bailing out just because two sui- wanted to comment on particularly the former King, about narcotics. Af- cide bombers hit us in the last few days was the spider hole itself. ghan heroin is again flooding the mar- and somebody hit an ammunition It taught me something else with ket. We have major obligations here dump. We are not retreating. This is this that I have been trying to commu- with Afghanistan. As the King said in real. It is not just the President; it is nicate back home as well. That hole Rome, the gentleman from Pennsyl- the Congress that is behind you. was not very big. I am not a particu- vania (Mr. WELDON) took the first dele- I thank the gentleman for his leader- larly big person, maybe a little over- gation in. We followed shortly after ship. weight but not that much, but I did not that, and the King told me at that Mr. WELDON of Pennsylvania. Mr. fit into the hole very well. The bigger time, we used to grow all sorts of crops Speaker, I want to add a comment you were, the tighter it was. The taller where they now do poppy, and Afghani- about the role of this body and mem- you were, the tighter it was. It was a stan is often remembered when there is bers of foreign policy. very small hole. trouble, but then you forget us because There are some who say that Mem- What we heard was that there was in- we are a poor country that gets run bers of Congress should not travel over- side information, we had already been over by all the major powers. My peo- seas or travel to countries that we are to that farm twice looking for it, look- ple are hungry. having problems with. ing for him. Saw nothing. Then inside I have never seen a country without I will say that is absolutely, totally information, not voluntarily given, a middle class or even nice hotels. It wrong. There are some within the told them where it was. They went in was a suburb of hell, quite frankly, in State Department who take offense to with Special Forces and still did not Kabul. They need help. Yet at the same the fact that Members of Congress will

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.158 H04PT1 H384 CONGRESSIONAL RECORD — HOUSE February 4, 2004 travel to countries like this. Let me Representative Steve Israel (D-NY) Libya for deciding to eliminate its WMD pro- say to my colleagues in this body, Representative Rodney Alexander (D-LA) grams: many of you will be here for 10 years or Representative Candice Miller (R-MI) ‘‘In the past year there have been bad me- diators. Tunisia, Egypt and other Arab coun- 20 years. If you focus on one country or Representative Elton Gallegly (R-CA) Representative Mark Souder (R-IN) tries see it as not in their best interest for a group of countries, you will have far Representative Darrell Issa (R-CA) Libya and the United States to have good re- more opportunities to specialize in A listing of the complete delegation and lations. These countries are benefiting from that country than a State Department key personnel contacted at each location is the embargo and seek a continuation of the official who spends 3 years in one post provided at attachments 1 and 2, respec- embargo for their own interests. How would and moves on someplace else. tively. you expect them to work for good relations There is a very real and substantive between Libya and America? The Arabs are Libya, January 25–26 waging a fierce campaign against us for de- role for Members of Congress to play, The delegation was the first bipartisan ciding to get rid of WMD. I hope they are not and we must play it. This is not a case congressional delegation to meet with Colo- successful in taking revenge against us. I where the executive branch controls nel Moammar Gaddafi in 35 years. Fourteen hope that even Libyans are not sorry for tak- everything and we are just subservient other meetings were held with senior mining such a step. It all depends on your sup- to them. We are an equal part of the istry, legislative, educational, and charitable porting us. It does deserve support and en- Federal Government, and we have the foundation officials. The discussions with couragement so that Libyans won’t be dis- responsibility because we appropriate Colonel Gaddafi and all other senior leaders appointed.’’ were extraordinarily positive regarding the Chairman Weldon stated that before com- the dollars, we levy the taxes, and we potential for normalized relations between ing to Libya the delegation had been told by oversee the way the money is spent, to Libya and the U.S. The delegation encour- U.S. officials of the positive attitude taken travel to these countries, to open aged the Libyan leader to follow through on by Libyans in cooperating with the survey of doors, to look for new ways to estab- his encouraging public statements regarding Libyan WMD programs and initial steps to lish relationships, and to support the elimination of Libyan weapons of mass de- eliminate WMD programs: administration, which we did on this struction (WMD) programs, with swift, ‘‘There is no doubt in my mind that your verifiable elimination of those programs. policies and leadership will lead to normal- trip as we have on every major trip. ized relations between our countries. Even But there is a role for the Congress to Further, the delegation spoke with Libyan leaders regarding numerous public and pri- President Bush, in his recent State of the play. vate cooperative science, technology, envi- Union message, mentioned Libya as a model I am convinced that Members of Con- ronmental, health care, economic develop- for other countries. You have to understand gress can play an extremely construc- ment, and energy-related programs that that President Bush has been criticized by tive role because we do not have to act could be developed and instituted imme- elements of our society for calling Libya a as diplomats. We do not have to watch diately upon normalization of relations. The model, just as you have been criticized by how we sit, how we sip our tea, what delegation also delivered introductory let- Arab leaders who want to see Libya and America stay apart.’’ words did we use, because we are not ters from American University students to students of Al Fateh University in Tripoli. Chairman Weldon indicated that normal- representing the President. We are not Colonel Gaddafi thanked Chairman Weldon ization of relations between the two coun- representing the Secretary of State. for making the visit possible: ‘‘coming at a tries would permit initiatives to be under- We are representing ourselves. The very critical time’’—observing that he taken between the Libyan General Peoples’ members of Congress on this CODEL, wished that ‘‘such a meeting could have Congress and the U.S. Congress, much like as it has been on every CODEL that I taken place thirty years ago’’ and stating his has been done with the Russian Duma and hope ‘‘to be able to compensate for what we other parliaments, to further governmental have been a part of, did a fantastic job and non-governmental cooperation between on behalf of America. missed.’’ He commented at length on the need for countries to communicate and en- peoples of the two countries, leading to bet- b 2130 gage in dialogue before taking up arms ter understanding, peaceful cooperation, and providing for a better quality of life for all Mr. Speaker, I would like to at this against one another. He denied any responsibility for the night club bombing in 1986 that peoples: ‘‘The path forward will not be easy, point in time place the trip report in good things have to be worked for . . . I am led to the U.S. bombing of Libya and the convinced that if we work as hard on our side the RECORD, filed as a part of our proc- death of his step daughter: ess as we do for every trip that gives ‘‘For 30 years we haven’t discussed any- as you have on your side, we can start a new the American people and our col- thing with each other . . . taking the wrong chapter in our relationship, without make leagues a complete, factual under- approach right from the beginning, with judgments about your country or your culture, but to work together, as partners.’’ standing of what we did, where we went wars, losses, damage, loss of valuable time, Kuwait-Iraq, January 26–28 and how we represented our country. without a good, specific reason for doing so . . . The picture of Gaddafi (in the U.S.) is The delegation traveled to Baghdad to I am proud of this delegation, Demo- meet with and receive updates from L. Paul crats and Republicans alike, opening not a real one. When I took the decision on elimination of weapons of mass destruction, Bremer, Administrator of the Coalition Pro- new doors to help in the security of not I did it for my people, out of conviction . . . visional Authority; General Sanchez, Com- just America but of all those countries If I had the atomic bomb I would put it on mander, Joint Task Force Seven; the Iraq that want peace around the world. the table. There is no reason for Libya and Survey Group, responsible for the search for CONGRESSIONAL DELEGATION (CODEL) the United States not to have good relations. weapons of mass destruction; representatives WELDON TO LIBYA, TUNISIA, KUWAIT, IRAQ, The right course is the one you have taken: of the primary factions of the Iraqi Gov- PAKISTAN, AFGHANISTAN, UZBEKISTAN, AND to come here and meet . . . the policies were erning Council; and the Deputy Commanding GERMANY—JANUARY 25–31, 2004 wrong in the past. We can’t rectify such General, 1st Armored Division, responsible for the security of Baghdad. SUMMARY wrongs . . . We have to compensate for what we have missed. . . I highly value your visit Four members of the delegation met with A bipartisan congressional delegation because it is necessary that you know us Sheik Saud al Sabah, former Kuwaiti Am- (CODEL) led by Representative Curt Weldon very well. Because once you know us well, bassador to the United States, to renew ac- (R-PA), traveled to Tripoli, Libya; Tunis, then you will take the appropriate policy de- quaintances and discuss the general polit- Tunisia; Kuwait City, Kuwait; Baghdad, cisions.’’ ical, economic, and military situation in the Balad Air Base, and Ad Dawr, Iraq; He further commented regarding what he region. Sheik Sabah has personally estab- Islamabad, Pakistan; Kabul, Afghanistan; believed to be a lack of knowledge in the lished a fund for families of U.S. military Karshi Kharnabad (‘‘K2’’), Uzbekistan; and U.S. about Libya’s government: personnel killed in the 1991 Gulf War. Ramstein Air Base and Landstuhl Regional ‘‘Americans don’t even know the governing Coalition Provisional Authority Medical Center, Germany January 25–31, system in Libya. We know the governing sys- Ambassador Bremer indicated that work 2004. The delegation met with the leadership tem in the U.S.: the White House, the NSC continues on formulating the strategic of Libya, Afghanistan, and Iraqi Governing (National Security Council), Congress . . . framework for Iraqi security, its economy, Council representatives, the former Kuwaiti We know about the Pentagon. We know and political transition. He noted that while Ambassador to the United States, reviewed about the newspapers, one by one. We even the security situation had improved, there U.S. military operations and visited per- know the writers. We know names of compa- still exists a major terrorist threat. He fur- sonnel supporting Operation Iraqi Freedom nies and specializations. Nevertheless, Amer- ther stated that the ‘‘consumption econ- (OIF) in Kuwait and Iraq and Operation En- icans don’t know anything about our con- omy’’ is working well, but structural prob- during Freedom (OEF) in Pakistan, Afghani- gresses, peoples’ committees, revolutionary lems exist, largely due to the distorting eco- stan and Uzbekistan. The delegation in- committees, social structure, leadership, or nomic effects of five cents a gallon gasoline. cluded: anything about the Green Book.’’ The focus is in getting capital into the econ- Representative Curt Weldon (R-PA) Colonel Gaddafi also mentioned criticism omy. Work continues, as well, on the transi- Representative Solomon Ortiz (D-TX) from Arab countries he said was aimed at tion to a National Assembly by July 1, 2004.

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.160 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H385 Differences within the Governing Council special advisor for WMD, apparently Dr. Kay His Highness, Zahir Shah and among the general populace on the selec- sought total control of all the assets under The former King, Zahir Shah, thanked the tion of delegates by caucus or direct election the ISG for the sole purpose of the hunt for delegation for U.S. assistance in establishing continue to cause significant debate and pub- WMD. It was a matter of ‘‘all or nothing.’’ peace and security in Afghanistan. He ob- lic demonstrations. Ambassador Bremer And when he didn’t get all of the assets— served that the political process in Afghani- noted that an announcement is due in the even when those assets were increased to stan is based on a tribal structure—a democ- near future from the United Nations on its provide additional funds for areas other than racy that functions within a tribal struc- recommendations on elections in Iraq based the search for WMD, Dr. Kay objected, ulti- ture—with the same goals as the people in on the results of a study completed by a vis- mately being a factor in his departure. America. iting United Nations team. Those responsible for the search for WMD Uzbekistan, January 29–30 CJTF–7 in Iraq believe that while no large stockpiles of WMD have yet to be uncovered, no short- Following meetings in Kabul, the delega- General Sanchez indicated that the num- age of leads exist—with literally tens-of-mil- tion traveled to Karshi-Kharnabad (‘‘K2’’), ber of attacks by former regime elements, lions of documents remaining to be fully ex- Uzbekistan, to visit U.S. military personnel foreign terrorists, and others had continued amined and considerable leads and cir- supporting OEF. In addition to being able to to decline since the capture of Hussein, now cumstantial evidence to be pursued—‘‘with speak informally at the evening and break- averaging less than 20 per day, down from a much remaining to be done.’’ fast meals with personnel from their dis- high of 50 per day. General Dayton believes the declared fail- tricts, the delegation received mission ori- Iraqi Governing Council ure by some to yet find large stockpiles of entated briefings, toured a mission aircraft, The delegation met with four members of nuclear, chemical, or biological weapons is and viewed a static display of a Uzbek Air the Iraqi Governing Council (IGC), rep- premature and ignores the significance of Force SU–27. resenting the primary political and religious the evidence that has been found about the Germany, January 30–31 factions within Iraq. The President of the undisputed activities in each of these areas Commander, USAF Europe and U.S. Consul IGC, Dr. Adrian Pachachi, a secularist, indi- providing evidence of future intentions and General cated the Council was in the final phase of breakout capabilities being pursued and General ‘‘Doc’’ Foglesong and Consul Gen- establishing basic laws, establishing the de- proven to have existed. In the nuclear area, eral (CG) Peter Bodde discussed NATO-re- tails of a provisional government, and com- Dr. Kay said as recently as January 28 that, lated military and regional political issues. pleting the constitution. Dr. Pachachi fur- ‘‘Look, the man had the intent to acquire General Foglesong described the challenges ther indicated his belief that the draft con- these weapons, he invested huge amounts of posed by making the NATO Response Force stitution covers every conceivable right: money in them. The fact is he wasn’t suc- (NRF) viable given the current limited expe- freedom of speech, freedom of assembly, the cessful.’’ ditionary capabilities of the NRF. He also rule of law, etc. Three of the four council In the end, Dr. Kay’s judgment, regardless described the efforts at re-sizing NATO and members—Dr. Pachachi, the Sunni, and Shia of the disappointment resident in the ISG, U.S. operations—‘‘mining manpower posi- IGC Members—were unanimous in stating came down on the side of the continued tions’’—and the use of ‘‘reach back capabili- their views that it is an oversimplification search. In an interview on NBC in which he ties’’ to allow functions in the U.S. such as to conclude that individual Iraqi religious was asked to comment on whether it was intelligence to support the European theater affiliation dictates the views of the Iraqi prudent to go to war, Dr. Kay said ‘‘I think instead of having to have the capability resi- people on various policy issues: ‘‘the reality it was absolutely prudent. In fact, I think at dent in Europe. General Foglesong further is that the fanatics are a tiny minority, but the end of the inspection process we’ll paint described efforts to develop niche capabili- very vocal and very well organized.’’ The a picture of Iraq that was far more dan- ties among NATO partners to preclude all Sunni IGC member indicated that Sunni and gerous than we even thought it was before nations from having to have all military ca- Shia will vote on the issues, not on the basis the war . . .’’ pabilities with some developing expedi- of religion, but on the substance of the issues Balad Air Base-Ad Dawr tionary capabilities for billeting, some with under consideration—‘‘the educated middle At Balad Air Base, the delegation met with medical, others with civil engineering, etc. class in Iraq is much more open minded.’’ the Commanding General of the 4th Infantry Representative Souder expressed his deep The Kurdish member stated that the Kurds Division, Major General Mike Odierno and concern regarding Austria’s, France’s, Tur- live under a different system and different the Commander, Third Brigade, 4th ID, Colo- key’s and Germany’s various degrees of lack culture, observing that they have suffered nel Fred Rudesheim. The delegation also vis- of support for U.S. operations in Iraq. He under Iraqi rule, and ‘‘have the right to es- ited the capture site of Saddam Hussein at also commented on the cumbersome rules of tablish their own way.’’ Dr. Pachachi, ac- Ad Dawr. At each stop the Members had an engagement within NATO in the war in knowledged that ‘‘from the beginning we opportunity to meet with military personnel Kosovo. General Foglesong indicated his have recognized that the Kurds are distinct, from their home states and districts. ‘‘cautious optimism’’ about relations and that their special status will be maintained. support in dealing with the countries within We are in the process of agreeing to that ar- Afghanistan, January 29 NATO: ‘‘They recognize that terrorists don’t rangement.’’ Dr. Pachachi further indicated The delegation met with President Hamid recognize borders.’’ that the problem at hand is deciding the best Karzai and the former King of Afghanistan, Representative Ortiz, expressing frustra- way to select members of the legislature: Zahir Shah. President Karzai expressed his tion, observed that ‘‘it would be nice if the ‘‘The problem is that it will be difficult to appreciation to the delegation for the many State Department would consider us (Con- have credible elections in such a short period sacrifices made by America to further polit- gress) equal players,’’ indicating the both . . . If the UN doesn’t believe elections are ical stability, economic progress, and in- State and Defense Departments frequently possible, they will likely propose other possi- creased employment in Afghanistan and for take action without consultation or regard bilities.’’ America’s continued war on terrorism . . . for the views of Congress. ‘‘Our people know what America has done.’’ Iraq Survey Group Chairman Weldon concluded that regard- He described the Loya Jirga process, the Major General Keith Dayton, Director of less of the some troubling aspects in the exe- adoption of the Afghan Constitution, pat- the Iraqi Survey Group, provided a classified cution of foreign policy and some military terned after the U.S. Constitution, and the update on the search for weapons of mass de- operations, ‘‘the American peoples’ support anticipated general elections. struction and counter terrorism programs. A and the support of Congress for the troops common misperception is that Dr. Kay head- President Hamid Karzai are solid and unequivocal—and the troops ed the hunt for WMD. While Dr. Kay has President Karzai cited the key importance need to know that.’’ been a very valuable advisor in the hunt for of Pakistan to stability in Afghanistan, by Contingency Aero-medical Staging Facility & WMD, General Dayton has headed the group not interfering in Afghan affairs, yet assist- Lanstuhl Regional Medical Center responsible for the hunt for WMD since its ing in elimination of the Taliban threat. The The delegation visited with injured mili- inception in June 2003, and with Dr. Kay’s President and the delegation discussed the tary personnel from Afghanistan and Iraq at departure, will continue to head the group. significant problem of continued high levels the Landstuhl Regional Medical Center and What can be said about the delegations’ of poppy cultivation in Afghanistan. Presi- Aero-medical Staging Facility at Ramstein discussions is that there, the people in the dent Karzai acknowledged. Afghanistan’s Air Base. The delegation was pleased to pro- trenches actually doing the day-to-day failed efforts to eliminate poppy cultivation vide transportation for ten soldiers, awaiting searches, collecting, and analyzing the data and described the government’s plan to de- transportation to the U.S. to continue their and material, expressed a sense of ‘‘frustra- stroy poppy fields, while assisting farmers in treatment at Walter Reed Army Medical tion and dismay’’ over ‘‘what Dr Kay is alternative crop cultivation, interdiction of Center for injuries suffered in Iraq. doing’’—or at least some of the media’s char- drug routes, and destruction of heroin pro- acterizations of ‘‘what Dr. Kay is doing,’’ as duction labs. The President concluded that Political, Economic, and Security he exits from his high visibility role in the for Afghanistan to emerge as a nation-state Environment hunt for WMD. it has to destroy the poppy crop: ‘‘to destroy The CODEL visit to Libya came shortly The ISG has responsibilities beyond the terrorism, we must destroy poppies.’’ The after Libyan leader Moammar Gaddafi’s sole search for WMD. Although not the Com- delegation cited its support and commitment pledge to rid his country of weapons of mass mander of the ISG, but responsible as the to Afghanistan, ‘‘for the long haul.’’ destruction.

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.079 H04PT1 H386 CONGRESSIONAL RECORD — HOUSE February 4, 2004 The Iraq visit took place six weeks after Overview of Ministry, Legislative, Educational, Colonel Gaddafi commented on the criti- the capture of Saddam Hussein near Ad Dawr & Foundation Meetings cism he said was aimed at Libya for deciding and nine months after the declared end to The delegation met with Colonel Gaddafi to eliminate its WMD programs: major combat operations in Iraq. In October for two hours and had fourteen other meet- ‘‘In the past there have been bad medi- 2003, Congress had approved President Bush’s ings with senior ministry, legislative, edu- ators. Tunisia, Egypt and other Arab coun- $87 billion fiscal year 2004 supplemental re- cational, and charitable foundations. The tries see it as not in their best interests for quest for military, intelligence, and recon- delegation spoke with the Libyan leaders Libya and the United States to have good re- struction costs in Iraq and Afghanistan. Acts about cooperative governmental and non- lations. They are benefiting from the embar- of terrorism being conducted by former re- governmental programs that could be devel- go and seek a continuation for their own in- gime elements, fundamentalist extremists, oped and instituted, much like has been done terests. How would you expect them to work foreign terrorists, and common criminals with the parliaments of other countries. for good relations between Libya and Amer- against coalition forces and Iraqi civilians Chairman Weldon noted that discussions re- ica? The Arabs are waging a fierce campaign continued to cause casualties, although at a garding such programs could be started im- against us for deciding to get rid of WMD. I reduced rate since Hussein’s capture and the mediately upon normalization of relations. hope they are not successful in taking re- end of Ramadan. The Iraqi people, particu- Chairman Weldon prefaced each of the dis- venge against us. I hope that even Libyans larly the police, have increasingly become cussions with Libyan leaders with an expla- are not sorry for taking such a step. It all de- the target of the random terrorist attacks. nation of the congressional role in the U.S. pends on your supporting us. It does deserve The Afghanistan visit came shortly after federal system of separate, but equal support and encouragement so that Libyans the adoption of the Afghanistan constitution branches of government: ‘‘We are not here to won’t be disappointed.’’ by the ‘‘Loya Jirga.’’ Lingering Taliban ele- negotiate, that is the responsibility of the Chairman Weldon stated that before comments and Al Qaeda continued efforts to executive branch of our government. But ing to Libya the delegation had been told by threaten the evolution of democratic Af- after you take the necessary steps to follow U.S. officials of the positive attitude taken ghanistan through intimidation and sporadic through on your stated intention to elimi- by Libyans in cooperating with the survey of terrorist attacks against coalition forces, nate your WMD programs, Congress can en- Libyan WMD programs and initial steps to non-governmental international aid organi- courage our President and Secretary of State implement the WMD program elimination. zations and Afghans. to expedite normalization of relations with ‘‘There is no doubt in my mind that your OVERVIEW your country. Following that, we can work policies and leadership will lead to normalized relations between our countries. Even A bipartisan congressional delegation with you, like we have with a number of President Bush, in his recent State of the (CODEL) comprised of eight Members of Con- other parliaments around the world, to es- Union message, mentioned Libya as a model gress, led by Representative Curt Weldon (R- tablish governmental and non-governmental for other countries. You have to understand PA), traveled to Tripoli, Libya; Tunis, Tuni- programs to bring our two countries closer that President Bush has been criticized by sia; Kuwait City, Kuwait; Baghdad, Balad together and improve the welfare of both our elements of our society for calling Libya a Air Base, and Ad Dawr, Iraq; Islamabad, peoples.’’ The discussions with Colonel model, just as you have been criticized by Pakistan; Kabul, Afghanistan; Karshi Gaddafi and all other senior leaders with Arab leaders who want to see Libya and Kharnabad (‘‘K2’’), Uzbekistan; and whom the delegation met were extraordinarily positive regarding the potential for America stay apart.’’ Ramstein Air Base and Landstuhl Regional Chairman Weldon indicated that normal- Medical Center, Germany January 25–31, normalized relations between Libya and the U.S. ization of relations between the two coun- 2004. The delegation met with the leadership tries would permit initiatives to be under- of Libya and Afghanistan, representatives of Colonel Gaddafi taken between the Libyan General Peoples’ the Iraqi governing Council (IGC), the former Colonel Gaddafi thanked Chairman Weldon Congress and the U.S. Congress, much like Kuwaiti Ambassador to the U.S., reviewed for making the visit possible: ‘‘coming at a has been done with the Russian Duma and U.S. military operations and visited per- very critical time,’’ observing that he wished other parliaments, to further government sonnel supporting Operation Iraqi Freedom that ‘‘such a meeting could have taken place and non-governmental cooperation between (OIF) in Kuwait and Iraq and Operation En- thirty years ago’’ and stating his ‘‘hope to be peoples of the two countries, leading to bet- during Freedom (OEF) in Pakistan, Afghani- able to compensate for what we missed.’’ He ter understanding, peaceful cooperation, and stan and Uzbekistan. In addition, thousands commented at length on the need for coun- providing for a better quality of life for all of Valentines Day cards from U.S. school tries to communicate and engage in dialogue people: ‘‘The path forward will not be easy, children as well as other gifts were presented before taking up arms against one another. but most good things you have to work hard to U.S. troops serving in OIF and OEF in He denied any responsibility for the night for . . . I am convinced that if we work hard Iraq, Afghanistan, and Uzbekistan in the war club bombing in 1986 that led to the U.S. on our side as you have on your side, we can against terrorism. bombing of Libya and the death of his step start a new chapter in our relationship, not Tripoli, Libya, January 25–26 daughter: to judge your country, your culture, but to ‘‘For 30 years we haven’t discussed any- The delegation was the first bipartisan work together, as partners.’’ thing with each other . . . taking the wrong congressional delegation to visit Libya and The delegation encouraged the Libyan approach, right from the beginning, with meet with Colonel Moammar Gaddafi in 35 leader to follow through on his encouraging wars, losses, damage, loss of valuable time, years. public statements regarding elimination of without a good, specific reason for doing so Libyan weapons of mass destruction (WMD) Arrival Meeting . . . The picture of Gaddafi in the U.S. is not programs, with swift, verifiable elimination The delegation was met by a delegation led a real one. When I took the decision on of WMD programs. by Abdullatife Aldali, Chairman of the Trip- elimination of weapons of mass destruction, oli Conference, who welcomed the delega- I did it for my people, out of conviction . . . General Peoples’ Congress Great Jamahiriya tion: ‘‘We look forward to a new relationship If I had the atomic bomb I would put it on Zinati Zinati, Speaker of the General Peo- between Libya and America.’’ the table. There is no reason for Libya and ples’ Congress Great Jamahiriya, welcomed Following an introduction of the delega- the United States not to have good relations. the delegation and expressed his appreciation, Chairman Weldon indicated the delega- The right course is the one you have taken: tion for the ‘‘extraordinary effort’’ the dele- tion was in Libya to open a new chapter in to come here and meet . . . the policies were gation took to be in Libya: ‘‘This is evidence U.S.-Libyan relations, to listen and learn wrong in the past. We can’t rectify such of the great will on your part to develop, from its Libyan counterparts: ‘‘There are wrongs . . . We have to compensate for what promote and enhance relations between our strong U.S. interests in both political parties we have missed. . . .I highly value your visit two countries.’’ The Speaker provided the to be friends with Libya, to work to resolve because it is necessary that you know us delegation with a general overview of the common concerns. We don’t come here to very well. Because once you know us well, structure of the ‘‘basic congresses’’ and the represent the Secretary of State or the then you will take the appropriate policy de- General People’s Congress, the annual legis- President, but as representatives of a co- cision.’’ lative agenda, and the Libya legislative pro- equal branch of the United States Govern- He further commented at length at what cedures. ment, looking forward to normalized rela- he believed to be a lack of knowledge in the Chairman Weldon noted that the delegations between our countries.’’ Chairman U.S. about Libya’s government: tion was the first U.S. bipartisan delegation Weldon described many of the inter-par- ‘‘You don’t even know the governing sys- to visit Libya in over 35 years. He expressed liamentary relationships Congress has with tem in Libya. We know the governing system his appreciation for the warm reception and the parliaments in Russia, Ukraine, in the U.S.: the White House, the NSC (na- how this portended very productive discus- Uzbekistan, Azerbaijan, and the European tional security council), Congress. We know sions. The Chairman also cited the grati- Parliament and indicated his hope that there about the Pentagon. We know about the fying experience of the delegation shortly would one day be a similar relationship with newspapers, one by one. We even know the after the official arrival when the delegation the General Peoples’ Congress Great writers. We know names of companies and had been able to take advantage of a short Jamahiriya of Libya. specializations. Nevertheless, Americans period before the beginning of the official Representative Ortiz indicated that there don’t know anything about our congresses, itinerary to visit the nearby souq (market). is much to be gained by both countries by peoples’ committees, revolutionary commit- There, the delegation had an opportunity to being friends and thanked the hosts for their tees, social structure, leadership, or any- meet several Libyans, including small chil- warm welcome. thing about the Green Book.’’ dren, shopping and tending their stores, who

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.083 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H387 in each and every case warmly greeted the gresses support national liberation for states missteps, the U.S. could have an Embassy members of the delegation, often in English. and nations and call for the respect of here in 300 days.’’ Chairman Weldon indicated that the dele- human rights and condemns all forms of ter- Prime Minister Ghanem stated that ‘‘with gation had come to Libya to praise Col rorism. This policy also believes that the good intentions, with each party trying to Gaddafi for the ‘‘bold steps he had taken to only way to resolve conflicts is through dia- understand one another,’’ differences can be begin to bring our countries back together.’’ logue, calling for peace, stability, and order worked out: ‘‘When we talk we understand ‘‘The positive steps Libya has taken in set- and cooperation between peoples and states. one another. You are a big country—a super tling international claims against Libya; This policy believes that prosperity is power—we are a small country, yet neither agreeing to rejoin international non-pro- achieved through democracy and develop- of us has a monopoly on wisdom. We have a liferation organizations and treaties; and de- ment. Therefore Libya, thanks to the revolu- duty to one another, and should not listen to clared intentions to deal with weapons of tion, has been able to provide all types of a third party. We are very interested in mass destruction have been very well re- rights to the people: utilities, education, going the whole way. We suffered from ter- ceived around the world. In fact the focus of human resources, housing, fresh water—all rorism more than you. We failed to commu- the world is on Libya. It is a positive focus, related to mankind. In spite of the term nicate. We need to talk.’’ Chairman Weldon that can lead to normalized relations be- human rights not being precisely defined, my added: ‘‘Honesty and candor are critical.’’ tween our countries. We came to let your country has signed onto all treaties related Representative Gallegly mentioned the Congress know that once normalized rela- to human rights.’’ change that has taken place in American at- tions can be established, that our Congress Secretary Shahoumi, commenting on ter- titudes and the high level of apprehension can work with you, like we have done with rorism, cited the difficulty in ‘‘differen- that exists since 9/11. He further commented the parliaments of Ukraine, Russia, Europe, tiating between terrorism and the legitimate on the ‘‘extremely warm welcome’’ the dele- and other parliaments to establish coopera- right of nations and peoples to fight for their gation had received. He added that ‘‘the tive programs for the benefit of both our peo- freedom and human rights.’’ He added that, press can often become the wedge, frequently ples.’’ ‘‘we deny and refuse the ways of connecting seeing the glass as half empty. We can’t let Chairman Weldon further described the de- terrorism and Islam because we believe ter- the press control the debate on this issue.’’ tailed program established with the Russian rorism has no religion, has no state or coun- Prime Minister responded that: ‘‘the people Duma outlined in A New Time, A New Begin- try or home, and has no nationality.’’ are open and warm and have no grudges ning, as described in attachment 3, prepared In commenting on weapons of mass de- whatsoever.’’ by members of the U.S. Congress, that was struction, the Secretary noted that ever Prime Minister Ghanem concluded that promulgated for the purpose of providing a since the 1969 Revolution, Libya has been after 9/11 the whole world is different: ‘‘We catalyst for Russia and the U.S. to work to- calling for making the Middle East a region can work together. Libya is a small country. gether to benefit the peoples of both coun- free of weapons of mass destruction, includ- When we talk and listen you can find wisdom tries. He explained that a similar program ing nuclear weapons: in a small country. You will find us a good and process for implementation could be es- ‘‘But nobody has ever responded to this ally. The United States was the number one tablished between Libya and the U.S. once initiative. Therefore because of no response place we sent our students. We would like to normalized relations could be achieved. He to our initiative, we thought as a small do that again.’’ further states ‘‘that, something more fun- country, a modest way to protect ourselves Foreign Minister damentally important that can occur is to was to establish WMD as part of our defense Foreign Minister Abdulrakman Shalgam change the image of Libya in America, and policy. However, after breakthroughs in re- stated: ‘‘it is an honor for us to start a new the world. The American people have a lim- solving conflicts like UTA and Lockerbie era of relations with the U.S. . . . I believe ited knowledge of Libya. By enhancing our and because of serious thoughts of the inter- this is a chance for you to learn about our formal relationship between our parliaments national community to get rid of WMD, people. Our expectation, our ideas and we would have an opportunity to further un- Libya decided to formally announce its deci- thoughts can benefit from international derstanding between our peoples.’’ sion to dismantle its WMD programs. In this peace . . . In the past there was a joint mis- Representative Ortiz commented that regard, we wish to express our deep apprecia- understanding. It is the mission for both of ‘‘someone has a vision to get us together and tion for the positive international response us to clear up that misunderstanding . . . I want to thank my Chairman for his vi- to our initiative and we again call for mak- Certain circumstances caused a misunder- sion.’’ Mr. Ortiz quoted LBJ (Lyndon Baines ing the region a WMD-free zone. As a step to standing. We started a bit late, but better Johnson): that end, Libya has signed all relevant trea- late than never. It is an honor to be receiv- ‘‘Let’s sit down and reason together.’’ Add- ties and conventions related to this topic, in- ing the first delegation from America.’’ ing, ‘‘that is what we are here to do today. cluding treaties banning all types of experi- Chairman Weldon stated that the delega- There have been incidents that have caused ments related to WMD . . . And we call on tion didn’t know what to expect in coming to us to drift apart. We can’t change history, your support to make the Middle East a Libya: ‘‘Your people have overwhelmed us but we don’t want to repeat it . . . We have WMD-free zone.’’ with their warm greetings—in your markets taken the first step. I come from Texas and The Secretary further provided his view and in all of our meetings . . . The eyes of we have had a great relationship with Libya that the people of Libya believe and have in the world are on Libya because of what you in the past. We have only been here a few fact published a White Book on the topic of have done. Your decision to rid your country hours, but I like what I see and I like what peace in the Middle East. He indicated the of WMD and rejoin related treaties has I hear. For the sake of the future genera- White Book makes a ‘‘practical and persua- caused Libya to become the centerpiece for tions, we need to give them a chance to hope, sive case’’ for making Israel and Palestine a discussion all over our country. The highest to dream, and to plan. We pledge we will do ‘‘bi-state country,’’ modeled after South Af- respect we can give is coming here person- everything to strengthen the bonds between rica, with Muslims, Jews, and Christians all ally . . . As you know, we are not here to ne- our two countries.’’ living together with ‘‘all rights and duties.’’ gotiate, that is not our job. But if you con- Chairman Weldon thanked the Speaker for Representative Issa observed that Libya’s tinue the path you have chosen, as an equal the efforts of Saif al Saleem al Gaddafi, stated intent to eliminate its WMD programs branch of our government, we believe we can Colonel Gaddafi’s son, and Abdulmagid represents a ‘‘huge step’’ toward the goal of institute a process that will benefit both of Mansouri, a member of the International En- a WMD-free Middle East: ‘‘Your offer made our peoples. We have spoken with your Con- ergy Advisory Council for their efforts in fa- in Beirut two years ago to normalize rela- gress about that day and talked to them cilitating the visit of the delegation. Chair- tions with Israel was also a huge step . . . I about the work we have done with other par- man Weldon further stated that: ‘‘I am will have to admit that I am a little cynical liaments. We are excited, optimistic, and happy we are opening a new door between that Palestinians and Jews should join into with your leadership, we believe normalized our countries and I want to keep that door one country so readily. Your dream is still a relations can be established.’’ open and not repeat the tragedies of the good one. Either option is acceptable to me. Representative Ortiz observed that he past.’’ I hope you will join us in seeking either op- Suleiman Al Shahoumi, Secretary of For- never believed that one day he would be in tion as an acceptable approach to achieving eign Affairs of the General Peoples’ Con- Tripoli. He also spoke of the warm greetings peace in the Middle East.’’ gress, observed that: extended to the delegation. Prime Minister ‘‘Libya is a small country that inherited Gaddafi International Foundation for Chari- an ancient system with people living in pov- Prime Minister Shokri Ghanem observed table Associations the Gaddafi Human Rights erty and experiencing starvation. The revo- that strained relations between Libya and Foundation & The Libyan Red Crescent lution in 1969 sought to bring up the level of the U.S. existed due to ‘‘misunderstandings The delegation visited with officials of the life for the Libyan people. The Libyan people or misfortunes,’’ and Libya wishes to change Gaddafi International Foundation for Chari- have chosen a political system—a direct de- that. table Associations, the Gaddafi Human mocracy—in harmony with Libya’s culture Representative Issa stated that it is impor- Rights Foundation, and the Libyan Red and principles in life . . . A system based on tant to sustain the momentum that has de- Crescent to discuss their programs. placing all authority in the hands of the peo- veloped in normalizing relations: ‘‘Momen- ple, distributed through 450 Peoples’ Basic tum is like magic when it works . . . it is Al Fateh University Congresses. This system is independent and about expectations. Colonel Gaddafi turned The delegation met with the President of balanced . . . The policies of these con- on a dime in an amazing way. With no Al Fateh University, department heads, and

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.087 H04PT1 H388 CONGRESSIONAL RECORD — HOUSE February 4, 2004 delivered introductory letters from Amer- ing to that arrangement.’’ Dr. Pachachi fur- region. Sheik Sabah has personally estab- ican University students to students of the ther indicated that the problem at hand is lished a fund for families of U.S. military University. Professor Tarhuui read a poem deciding the best way to select members of personnel killed in the 1991 Gulf War. that he had prepared to celebrate the delega- the legislature: ‘‘The problem is that it will Balad Air Base & Ad Dawr, January 28 tion’s visit, attachment 4. be difficult to have credible elections in such Major General Ray Odierno, Commanding Baghdad, Iraq, January 27 a short period . . . If the U.N. doesn’t believe General, 4th Infantry Division, and Colonel The delegation traveled to Baghdad to elections are possible, they will likely pro- Frederick Rudesheim, Commander, 3rd Bri- meet with and receive updates from L. Paul pose other possibilities.’’ gade Combat Team, 4th ID, escorted the del- Bremer, Administrator of the Coalition Pro- Iraq Survey Group egation to the site of Saddam Hussein’s cap- visional Authority; General Sanchez, Com- Major General Keith Dayton, Director of ture near Ad Dawr and briefed the delegation mander, Joint Task Force Seven; the Iraq the Iraqi Survey Group, provided a classified on operations and reconstruction efforts in Survey Group, responsible for the search for update on the search for weapons of mass de- his area of responsibility. weapons of mass destruction; representatives struction and counterterrorism programs. A Islamabad, Pakistan January 29 of the primary factions of the Iraqi Gov- common misperception is that Dr. Kay head- AMB Nancy J. Powell briefed the delega- erning Council; and the Deputy Commanding ed the hunt for WMD. While Dr. Kay has tion on issues relating to the bilateral rela- General, 1st Armored Division, responsible been a very valuable advisor in the hunt for tionship between the United States and for the security of Baghdad. WMD, General Dayton has headed the group Pakistan, and responded to members’ ques- Coalition Provisional Authority responsible for the hunt for WMD since its tions. Ambassador Bremer indicated that work inception in June 2003, and with Dr. Kay’s Chairman Weldon asked if Usama Bin continues on formulating the strategic departure will continue to head the group. Ladin were in Baluchistan (the southern framework for Iraqi security, its economy, What can be said about the delegation’s tribal area bordering Afghanistan), and if he and political transition. He indicated that discussions is that there, the people in the were being protected by Pakistani govern- while the security situation had improved, trenches actually doing the day-to-day ment officials. AMB Powell responded that there still exists a major terrorist threat. He searches, collecting, and analyzing the data she does not believe there are Al Qaeda sym- further indicated that the ‘‘consumption and material, expressed a sense of ‘‘frustra- pathizers among the Pakistani leadership, economy’’ is working well, but structural tion and dismay’’ over ‘‘what Dr. Kay is but the question of Taliban supporters is problems exist, largely due to the distorting doing’’—or at least some of the media’s char- ‘‘trickier.’’ She noted that in general, Paki- effects of five cents a gallon gasoline. The acterization of ‘‘what Dr. Kay is doing,’’ as stani cooperation has been excellent: Khalid focus is in getting capital into the economy. he exits from his high visibility role in the Sheikh Mohammed was taken down by Paki- Work continues, as well, on the transition to hunt for WMD. stani elements, and that another high value a National Assembly by July 1, 2004. Dif- The ISG has responsibilities beyond the target was captured within 90 minutes of ferences within the Governing Council and sole search for WMD. Although not the Com- transmitting U.S. intelligence to Pakistani among the general populace on the selection mander of the ISG, but responsible as the forces. of delegates by caucus or direct election con- special advisor for WMD, apparently Dr. Kay Chairman Weldon followed up with a ques- tinue to cause significant debate and public sought total control of all the assets under tion concerning the likelihood of assassina- demonstrations. An announcement is due in the ISG for the sole purpose of the hunt for tion of President Musharraf AMB Powell re- the near future from the United Nations on WMD. It was a matter of ‘‘all or nothing.’’ sponded that it is always a danger—he re- its recommendations on elections in Iraq And when he didn’t get all of the assets— cently survived two attempts on his life, based on the results of a study completed by even when those assets were increased to which Musharraf blames on Al-Qaeda. AMB a visiting United Nations team. provide additional funds for areas other than Powell pointed out that the 1988 plane crash CJTF–7 the search for WMD, Dr. Kay objected, ulti- that claimed the life of President Zia is still mately being a factor in his departure. Lieutenant General (LTG) Ricardo surrounded by questions. Those responsible for the search for WMD Chairman Weldon asked how extensive our Sanchez, the senior U.S. military officer in in Iraq believe that while no large stockpiles Iraq (Commending General V Corps and Coa- contacts with Pakistani officials were. AMB of WMD have yet to be uncovered, no short- Powell responded that we lost contact with lition Joint Task Force 7), provided an up- age of leads exist—with literally tens-of-mil- date on combat, security, and U.S. military an entire generation of Pakistani officers lions of documents remaining to be fully ex- when Pakistan was under sanctions between personnel issues. General Sanchez indicated amined and considerable leads and cir- that the number of attacks by former regime 1990–2001, but just this last year we brought cumstantial evidence to be pursued—‘‘with 75 junior officers into our training programs. elements, foreign terrorists, and others had much remaining to be done.’’ continued to decline since the capture of Chairman Weldon also asked about the F–16s General Dayton believes the declared fail- that Pakistan bought but were denied under Hussein, averaging less than 20 per day, down ure by some to yet find large stockpiles of from a high of 50 per day. sanctions, and AMB Powell replied that they nuclear, chemical, or biological weapons is had been paid back. Iraqi Governing Council premature and ignores the significance of Chairman Weldon suggested that Chairman The delegation met with four members of the evidence that has been found about the Souder lead an effort to create a tripartite the Iraqi Governing Council (IGC), rep- undisputed activities in each of these areas interparliamentary exchanges with Paki- resenting the primary political and religious providing evidence of future intentions and stani, Indian, and U.S. legislators. AMB factions within Iraq. The President of the breakout capabilities being pursued and Powell remarked that this would be particu- IGC, Dr. Adnan Pachachi, a secularist, indi- proven to have existed. In the nuclear area, larly helpful to Pakistani parliamentarians: cated the council was in the final phase of Dr. Kay said as recently as January 28 that, they passively await legislation drafted by establishing basic laws, establishing the de- ‘‘Look, the man had the intent to acquire the government; they have no staff; no work- tails of a provisional government, and com- these weapons, he invested huge amounts of ing committee system. pleting the constitution. Dr. Pachachi indi- money in them. The fact is he wasn’t suc- Kabul, Afghanistan January 29 cated his belief that the draft constitution cessful.’’ The delegation met with President Hamid covers every conceivable right: freedom of In the end, Dr. Kay’s judgment, regardless Karzai and the former King of Afghanistan speech, freedom of assembly, the rule of law, of the disappointment resident in the ISG, Zahir Shah. President Karzai expressed his etc. Three of the four members—Dr. came down on the side of the continued appreciation to the delegation for the many Pachachi, the Sunni, and Shia IGC Members search. In an interview on NBC in which he sacrifices made by America to further polit- were unanimous in stating their views that was asked to comment on whether it was ical stability, economic progress, and in- it is an oversimplification to conclude that prudent to go to war, Dr. Kay said ‘‘I think crease employment in Afghanistan and for religious affiliation dictates the views of the it was absolutely prudent. In fact, I think at America’s continued war on terrorism . . . Iraqi people: ‘‘the reality is that the fanatics the end of the inspection process we’ll paint ‘‘Our people know what America has done.’’ are a tiny minority, but very vocal and very a picture of Iraq that was far more dan- He described the Loya Jirga process, the well organized.’’ The Sunni IGC member in- gerous than we even thought it was before adoption of the Afghan Constitution, pat- dicated that Sunni and Shia will vote on the the war . . .’’. terned after the U.S. Constitution, and the issues, not on the basis of religion, but on 1st Armored Division anticipated general elections. the substance of the issues under consider- Brigadier General Mark Hertling, Deputy ation—‘‘the educated middle class in Iraq is President Hamid Karzai Commanding General, 1st Armored Division, much more open minded.’’ President Karzai cited the key importance provided an update on security and Iraqi po- The Kurdish member stated that the Kurds of Pakistan to stability in Afghanistan by lice training programs within Baghdad. live under a different system and culture, not interfering in Afghan affairs, yet assist- that they have suffered under Iraqi rule, and Kuwait, January 27 ing in elimination of the Taliban threat. The ‘‘have the right to establish their own way.’’ Four members of the delegation met with President and the delegation discussed the Dr. Pachachi acknowledged that ‘‘from the Sheik Saud al Sabah, former Kuwaiti Am- significant problem of continued high levels beginning we have recognized that the Kurds bassador to the United States, to renew ac- of poppy cultivation in Afghanistan. Presi- are distinct, that their special status will be quaintances and discuss the general polit- dent Karzai acknowledged Afghanistan’s maintained. We are in the process of agree- ical, economic, and military situation in the failed efforts to eliminate poppy cultivation

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.091 H04PT1 February 4, 2004 CONGRESSIONAL RECORD — HOUSE H389 and described the government’s plan to de- Congress. Chairman Weldon also noted what (CPA) (c/o CPA Legislative Affairs, 1401 stroy poppy fields, while assisting farmers in seems to be apparent ‘‘disconnects’’ between Wilson Blvd, Floor 5, Arlington, VA alternative crop cultivation, interdiction of the State Department, DOD, and NSC on for- 22209–2306) drug routes, and destruction of heroin pro- eign policy issues. Dr. Adnan Pachachi, President, Iraqi Gov- duction labs. The President concluded that Chairman Weldon concluded that regard- erning Council (secularist) for Afghanistan to emerge as a nation-state less of the many troubling aspects in the Dr. Roj Schaways, Iraqi Governing Council it has to destroy the poppy crop: ‘‘to destroy execution of foreign policy and some mili- Member (Kurd) terrorism, we must destroy poppies.’’ The tary operations, support for the troops is Dr. Muwaffak A1 Rubuic, Iraqi Governing delegation cited its support and commitment solid and unequivocal and the troops need to Council Member (Shiia religious leader) to Afghanistan, ‘‘for the long haul.’’ know that. Samir Sumaidaie, Iraqi Governing Council His Highness, Zahir Shah Contingency Aero-medical Staging Facility & Member (Sunni) The former King, Zahir Shah, thanked the Lanstuhl Regional Medical Center Ambassador Richmond, UK Special Rep- delegation for U.S. assistance in establishing Colonel Brenda McEleney provided the del- resentative to Iraq peace and security in Afghanistan. He ob- egation a tour of the Contingency Aero-med- Lieutenant General (LTG) Ricardo Sanchez, served that the political process in Afghani- ical Staging Facility where they were able to the senior U.S. military official in Iraq stan is based on a tribal structure—a democ- visit with a number of troops awaiting trans- (Commanding General V Corps and Coali- racy that functions within a tribal struc- portation to Walter Reed Medical Center. tion Joint Task Force 7) (HQ CJTF–7 ture—with the same goals as the people in Colonel Steven Older and Colonel Carol CPA Command Group, Unit 91400, APO America. Gilmore provided the delegation a tour of AE 09342–1400) Major General Keith Dayton, Commander, Karshi-Kharnabad, Uzbekistan, January 29–30 the Landstuhl Regional Medical Center where the delegation was able to meet with Iraqi Survey Group (c/o CPA Legislative The delegation remained overnight at a number of military personnel recovering Affairs, 1401 Wilson Blvd, Floor 5, Arling- Karshi-Kharnabad (‘‘K–2’’), Uzbekistan fol- from injuries sustained in Iraq. ton, VA 22209–2306) lowing meetings in Kabul to visit U.S. mili- The delegation provided transportation Brigadier General Mark Hertling, Deputy tary personnel supporting OEF. In addition from Ramstein Air Base to Andrews Air Commanding General, 1st Armored Divi- to being able to speak informally at the Force Base for ten soldiers en route to Wal- sion (Unit 93054 APO AE 09324–3053) evening and breakfast meals with personnel ter Reed Army Medical Center where they Robert Kelley, Legislative Counselor to Am- from their districts, the delegation received were to receive further treatment for inju- bassador Bremer (c/o CPA Legislative Af- mission orientation briefings and visited ries sustained in Iraq. fairs, 1401 Wilson Blvd, Floor 5, Arling- unit assigned aircraft and a static display of ton, VA 22209–2306) DELEGATION a Uzbek SU–27 provided by the Uzbek Air Lt Colonel Richardson, Distinguished Visi- Force. MEMBERS tors Bureau (Security detail) (c/o CPA Ramstein and Lanstuhl Medical Center Ger- Representative Curt Weldon (R–PA), Rep- Legislative Affairs, 1401 Wilson Blvd, many, January 30–31 resentative Solomon Ortiz (D–TX), Rep- Floor 5, Arlington, VA 22209–2306) General ‘‘Doc’’ Foglesong and Consul General resentative Steve Israel (D–NY)*, Represent- KUWAIT ative Candice Miller (R–MI), Representative Bodde Sheik Saud al Sabah, former Kuwaiti Am- Rodney Alexander (D–LA), Representative General ‘‘Doc’’ Foglesong and Consul Gen- bassador to the United States Elton Gallegly (R–CA)**, Representative eral (CG) Peter Bodde discussed NATO-re- Joe Porto, U.S. Embassy Control Officer (US Mark Souder (R–IN), Representative Darrell lated military and regional political issues. Embassy, Unit 69000, APO AE 098809000) General Foglesong described the challenges Issa (R–CA)**. BALAD AIR BASE posed by making the NATO Response Force PROFESSIONAL STAFF (NRF) viable given the current limited expe- Doug Roach, Harald Stavenas, Richard Major General Ray Odierno, Commanding ditionary capabilities of the NRF. He also Mereu**, Marc Wheat***. General, 4th Infantry Division (ID) (APO AE 92628) described the efforts at re-sizing NATO and U.S. ARMY ESCORTS U.S. operations—‘‘mining manpower posi- Colonel Frederick Rudesheim, Commander, Lt Colonel Craig Collier, Lt Colonel Gregg tions’’—and the use of ‘‘reach back capabili- Third Brigade, 4th ID, APO AE 09323 Blanchard, Sgt Thai Kov, Sgt Hugh Griffin. ties’’ to allow functions in the U.S. such as ISLAMABAD, PAKISTAN *Kuwait-Iraq only. intelligence to support the European theater Nancy Powell, U.S. Ambassador to Pakistan, **Libya only. instead of having to have the capability resi- (Unit 62200, APO AE 09812–2200) ***29–31 Jan. dent in Europe. General Foglesong further Joel Reifman, economic section/control offi- described efforts to develop niche capabili- KEY PERSONNEL cer, U.S. Embassy ties among NATO partners to preclude all LIBYA KABUL, AFGHANISTAN nations from having to have all military ca- Colonel Moammar Gaddafi pabilities with some developing expedi- Hamid Karzai, President of Afghanistan Shokri Ghanem, Prime Minister Zahir Shah, former King of Afghanistan tionary capabilities for billeting, some with Abdulrakman Shalgam, Foreign Minister medical, others with civil engineering, etc. Sardar Abdulwalij, General, retired (nephew Zinati Mohammad Zinati, Speaker of the and associate of H.E. Zahir Shah) Representative Souder expressed his deep General Peoples’ Congress concern regarding Austria’s, France’s, Tur- Zalmay Khalilzad, U.S. Ambassador to Af- Matoug M. Matoug, Deputy Prime Minister ghanistan key’s and Germany’s various degrees of lack for Service Affairs (weapons of mass de- of support for U.S. operations in Iraq. He Hank Tucker, political-military section/construction) trol officer, U.S. Embassy also commented on the cumbersome rules of Honorable Suleiman Al Shahoumi, Secretary engagement within NATO in the war in of Foreign Affairs at the General Peo- KARSHI-KHARNABAD, UZBEKISTAN Kosovo, ‘‘when eight foreign ministers were ples’ Congress Jon R. Purnell, U.S. Ambassador to involved in approving target lists.’’ General Dr. Abdulhafed M. Jaber, Director, Technical Uzbekistan (pouch address: 7110 Foglesong cited need for ‘‘balance’’ in each Cooperation Office, Ministry of Service Tashkent Place, Dulles, VA 20189–7110) of these relations and for future planning, Affairs (weapons of mass destruction) Colonel Scott Wagner, Installation Com- the need to assess our abilities to deploy into Abdulatife Aldali, Chairman of Tripoli Con- mander (Unit HHC 213 ASG APO AE and out of various countries and determine ference (Mayor of Tripoli) 09311) which countries will allow the U.S. to Abdulmagid Mansuri, Member, International Lt. Colonel Hosil Mirzaev, Uzbekistan Air ‘‘kinematically execute’’ from their bases. Energy Advisory Council Force, (SU–27 display) The delegation also discussed the status of Tajura Nuclear Research Center relationships with the French and German RAMSTEIN AIR BASE AND LANDSTUHL REGIONAL Professor E.F. Ehtuish, Chairman, Board on governments. General Foglesong and CG MEDICAL CENTER, GERMANY the Environment Bodde highlighted a number of efforts by General Robert (Doc) H. Foglesong, Com- Saleh Saleh, General Manager, Gaddafi Germany to assist the U.S., e.g., providing mander, U.S. Air Forces Europe International Foundation for Charity As- air base security to permit U.S. security per- Lt General Arthur J. Lichte, Vice Com- sociations sonnel to be deployed to support operations mander, U.S. Air Forces Europe Dr. Giuma Atigha, Gaddafi Human Rights like OIF and OEF. General Foglesong indi- Peter W. Bodde, Consul General, U.S. Em- Foundation cated his optimism in dealing with the coun- bassy, Frankfurt (American Consulate Dr. Mohamed Lutf Farhat, President, Al- tries within NATO: ‘‘They recognize that General, Siesmayerstrasse 21, 60323 Fateh University terrorists don’t recognize borders.’’ Frankfurt, Germany) Dr. Muftah M. Etwilb, Director of Inter- Representative Ortiz, expressing frustra- Brigadier General Rosanne Bailey, Com- national Relations, Libyan Red Crescent tion, observed that ‘‘it would be nice if the mander, 435th Air Base Wing Libyan-American Friendship Association State Department would consider us (Con- Colonel Philip Lakier, Deputy Surgeon Gen- gress) equal players,’’ indicating that both BAGHDAD eral, USAF, Europe DOD and DOS frequently take action with- Ambassador L. Paul Bremer, Administrator Colonel Brenda McEleney, Deputy Com- out consultation or regard for the views of of the Coalition Provisional Authority mander, 435th Medical Group

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.095 H04PT1 H390 CONGRESSIONAL RECORD — HOUSE February 4, 2004 Colonel Steven Older, Acting Commander, lative program and any special orders States, transmitting a report on trans- Landstuhl Regional Medical Center heretofore entered, was granted to: actions involving U.S. exports to Mexico, Colonel Carol Gilmore, Landstuhl Regional (The following Members (at the re- pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- Medical Center mittee on Financial Services. quest of Mr. HONDA) to revise and ex- Larry Wright, Vice Consul, U.S. Consulate, 6621. A letter from the Chairman and Presi- Frankfurt tend their remarks and include extra- dent, Export-Import Bank of the United neous material:) C–40 AIRCRAFT CREW (FLEET LOGISTICS SUPPORT States, transmitting the Bank’s FY 2003 an- SQUADRON-VR 59, 1050 BOYINGTON DR. FT Mr. BROWN of Ohio, for 5 minutes, nual report for the Sub-Saharan Africa Ini- WORTH, TEXAS 76127–5000) today. tiative; to the Committee on Financial Serv- Mr. FILNER, for 5 minutes, today. ices. Commander Bill Snyder, Aircraft Com- 6622. A letter from the Deputy Director, mander Ms. NORTON, for 5 minutes, today. Defense Security Cooperation Agency, trans- Lt. Commander Benjamin White, Copilot Mr. DEFAZIO, for 5 minutes, today. mitting reports containing the 30 September AE2 Michael Marr, crew chief Mr. HONDA, for 5 minutes, today. 2003 status of loans and guarantees issued AK2 Lyndal Crow, Loadmaster Mr. PALLONE, for 5 minutes, today. under the Arms Export Control Act, pursu- AD1 James Davis, flight attendant Ms. KAPTUR, for 5 minutes, today. ant to 22 U.S.C. 2765(a); to the Committee on HM2 Letty Owour, flight attendant Mr. BLUMENAUER, for 5 minutes, International Relations. AM2 Shawn Smith, maintenance technician today. 6623. A letter from the Assistant Secretary MAI Daniel Topper, security for Legislative Affairs, Department of State, MA2 John Eagles, security Ms. WOOLSEY, for 5 minutes, today. transmitting certification of a proposed li- MA2 Jason Stafford, security Mrs. MALONEY, for 5 minutes, today. cense for the export of major defense equip- MA3 Daniel Veccholla, security f ment and defense articles to Mexico (Trans- A New Time; A New Beginning mittal No. DTC 127-03), pursuant to 22 U.S.C. ENROLLED BILL SIGNED A New Time, A New Beginning was pub- 2776(c); to the Committee on International lished in 2001 under the leadership of Rep- Mr. Trandahl, Clerk of the House, re- Relations. resentative Curt Weldon (PA–7), co-chairman ported and found a truly enrolled bill 6624. A letter from the Assistant Secretary of the Duma-Congress Study Group, to pro- for Legislative Affairs, Department of State, of the House of the following title, transmitting certification of a proposed li- vide a comprehensive bipartisan program for which was thereupon signed by the cooperation between the United States and cense for the export of major defense equip- Speaker: ment and defense articles to Jordan (Trans- Russia. It was endorsed by nearly one-third mittal No. DDTC 128-03), pursuant to 22 of the members of Congress and provides 108 H.R. 2264. An act to authorize appropria- U.S.C. 2776(c); to the Committee on Inter- recommendations for U.S.-Russia coopera- tions for fiscal year 2004 to carry out the national Relations. tion in the following 11 major subject areas: Congo Basin Forest Partnership program, and for other purposes. 6625. A letter from the Assistant Secretary Agricultural Development, Cultural/Edu- for Legislative Affairs, Department of State, cation Development, Defense and Security, f transmitting certification of a proposed li- Economic Development, Energy/Natural Re- cense for the export of major defense equip- sources, Environmental Cooperation, Health BILL PRESENTED TO THE PRESIDENT ment and defense articles to Japan (Trans- Care, Judicial/Legal Systems, Local Govern- mittal No. DDTC 129-03), pursuant to 22 ments, Science and Technology, and Space Jeff Trandahl, Clerk of the House re- U.S.C. 2776(c); to the Committee on Inter- and Aeronautics. ports that on February 4, 2004 he pre- national Relations. MEMBERS OF CONGRESS sented to the President of the United 6626. A letter from the Under Secretary, Welcome, men of Congress. States, for his approval, the following Personnel and Readiness, Department of De- fense, transmitting a report on the audit of To the land of bless. bill. Here, peace is the belief. the American Red Cross for the financial And love is man’s relief. H.R. 2264. An act to authorize appropria- year ending June 30, 2003, pursuant to 36 We are a nation of norms. tions for fiscal year 2004 to carry out the U.S.C. 6; to the Committee on International Disbelievers in terror of all forms. Congo Basin Forest Partnership program, Relations. Destructive arms is not our goal. and for other purposes. 6627. A letter from the General Counsel, General Accounting Office, transmitting a We are for peace, body and soul. f Our guide is sweetness and light, copy of the report on each instance a Federal First in beauty, first in might. ADJOURNMENT agency did not fully implement rec- Think not of terror Mr. WELDON of Pennsylvania. Mr. ommendations made by the GAO in connec- Man’s imposed horror. tion with a bid protest decided during fiscal Speaker, I move that the House do now year 2003, pursuant to 31 U.S.C. 3554(e)(2); to Such sickly deeds adjourn. Are but evil seeds the Committee on Government Reform. The motion was agreed to; accord- 6628. A letter from the Secretary, Depart- That cause man to fall ment of Agriculture, transmitting the De- And end the universe for all. ingly (at 9 o’clock and 31 minutes partment’s Annual Performance and Ac- Dr. T.T. Tarhuui p.m.), under its previous order, the House adjourned until Friday, Feb- countability Report for FY 2003; to the Com- Professor of English, mittee on Government Reform. Al Fateh University ruary 6, 2004, at noon. 6629. A letter from the Chairman, Federal Tripoli Libya f Communications Commission, transmitting f the Commission’s FY 2003 Annual Financial EXECUTIVE COMMUNICATIONS, LEAVE OF ABSENCE Report where the Commission received for ETC. the second year in a row an ‘‘Unqualified By unanimous consent, leave of ab- Under clause 8 of rule XII, executive Opinion’’; to the Committee on Government sence was granted to: communications were taken from the Reform. Mr. GUTIERREZ (at the request of Ms. 6630. A letter from the Chairman, Nuclear Speaker’s table and referred as follows: PELOSI) for today on account of illness. Regulatory Commission, transmitting a copy Mr. CULBERSON (at the request of Mr. 6618. A letter from the Under Secretary, of the Commission’s report in compliance Comptroller, Department of Defense, trans- DELAY) for February 3 and today on ac- with the Government in the Sunshine Act mitting the Secretary’s certification that count of attending to official business during the calendar year 2003, pursuant to 5 the current Future Years Defense Program U.S.C. 552b(j); to the Committee on Govern- in his district. (FYDP) fully funds the support costs associ- ment Reform. Mr. LUCAS of Oklahoma (at the re- ated with the Virginia Class submarine 6631. A letter from the Board Members, quest of Mr. DELAY) for February 3 and multiyear FY 2004 through FY 2008 program, Railroad Retirement Board, transmitting a today on account of illness in the fam- pursuant to 10 U.S.C. 2306b(i)(1)(A); to the copy of the Board’s Performance and Ac- ily. Committee on Armed Services. countability Report for Fiscal Year 2003, in- Mr. MCHUGH (at the request of Mr. 6619. A letter from the Acting Under Sec- cluding the Office of Inspector General’s DELAY) for today beginning at 5:30 p.m. retary, Acquisition, Technology, and Logis- Auditor’s Report, Report on Internal Con- on account of official committee busi- tics, Department of Defense, transmitting trol, and Report on Compliance with Laws notification regarding the Department’s re- ness. and Regulations; to the Committee on Gov- port for purchases from foreign entities for ernment Reform. f Fiscal Year 2003, pursuant to Public Law 6632. A letter from the Director, Trade and SPECIAL ORDERS GRANTED 104—201, section 827 (110 Stat. 2611); to the Development Agency, transmitting the Committee on Armed Services. Agency’s annual financial audit for FY 2003, By unanimous consent, permission to 6620. A letter from the President and pursuant to 22 U.S.C. 2421(e)(2); to the Com- address the House, following the legis- Chairman, Export-Import Bank of the United mittee on Government Reform.

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6633. A letter from the Acting Chief, Fed- independent audit of The American Legion Massachusetts, Mr. BAKER, Mr. DUN- eral Subsistence Board, Fish and Wildlife proceedings of the 85th annual National Con- CAN, Mr. ISTOOK, Mr. JONES of North Service, Department of the Interior, trans- vention of the American Legion, held in St. Carolina, Mr. BROWN of South Caro- mitting the Department’s final rule — Sub- Louis, Missouri from August 26, 27, and 28, lina, Mr. NORWOOD, Mr. SCHROCK, Mr. sistence Management Regulations for Public 2003 and a report on the Organization’s ac- FRANKS of Arizona, Mr. ALLEN, Mr. Lands in Alaska, Subpart C and Subpart D — tivities for the year preceding the Conven- COLLINS, Mr. LINCOLN DIAZ-BALART of 2004-05 Subsistence Taking of Fish and Shell- tion, pursuant to 36 U.S.C. 49; (H. Doc. No. Florida, Mr. GOODE, Mr. MURTHA, Mr. fish Regulations (RIN: 1018-AI89) received 108—157); to the Committee on Veterans’ Af- MATHESON, Mr. MICHAUD, Mr. STRICK- January 29, 2004, pursuant to 5 U.S.C. fairs and ordered to be printed. LAND, Mr. MCINTYRE, Mr. REYES, Mr. 801(a)(1)(A); to the Committee on Resources. 6642. A letter from the Acting Chief, Publi- FILNER, Mr. MEEKS of New York, Mr. 6634. A letter from the Director, Fish and cations and Regulations Br., Internal Rev- PEARCE, Ms. HART, Mr. PUTNAM, Mr. Wildlife Service, Department of the Interior, enue Service, transmitting the Service’s NEY, Mr. FORBES, Mr. KING of New transmitting the Department’s final rule — final rule — Gains and Losses from Short York, Mrs. MYRICK, Mr. BURGESS, Mr. Endangered and Threatened Wildlife and Sales (Rev. Rul. 2004-15) received January 30, HAYES, Mr. CALVERT, Mrs. JO ANN Plants; Endangered Status for the Rota Bri- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the DAVIS of Virginia, Mr. COOPER, Mr. dled White-Eyed (Zosterops rotensis) from Committee on Ways and Means. BALLANCE, Mr. FORD, Mr. ROGERS of the Commonwealth of the Northern Mariana 6643. A letter from the Acting Chief, Publi- Michigan, Mr. SMITH of Washington, Islands (RIN: 1018-AI16) received January 30, cations and Regulations Br., Internal Rev- Mr. FROST, Mr. JENKINS, Mr. GUTIER- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the enue Service, transmitting the Service’s REZ, Mr. TAYLOR of Mississippi, Mr. Committee on Resources. final rule — Restriction and valuation of dis- TURNER of Texas, Mr. PALLONE, Mr. 6635. A letter from the Deputy Assistant tributions. (Rev. Rul. 2004-10) received Janu- MEEHAN, Mr. SANDLIN, Mr. GILLMOR, Administrator, NMFS, National Oceanic and ary 30, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. SANDERS, Mr. MENENDEZ, Mr. Atmospheric Administration, transmitting to the Committee on Ways and Means. WICKER, Mr. OWENS, Mr. ALEXANDER, the Administration’s final rule — Fisheries 6644. A letter from the Acting Chief, Publi- Ms. BORDALLO, Ms. HOOLEY of Or- of the Exclusive Economic Zone Off Alaska; cations and Regulations Br., Internal Rev- egon, Mr. BURTON of Indiana, Mr. Revision to the Management of ‘‘Other Spe- enue Service, transmitting the Service’s WHITFIELD, Mr. ENGLISH, Mr. BURR, cies’’ Community Development Quota [Dock- final rule — Minimum covergage require- Mr. BROWN of Ohio, Mr. MILLER of et No. 031009255-3302-02; I.D. 092503A] (RIN: ments (after 1993) (Rev. Rul. 2004-11) received North Carolina, Ms. DELAURO, Mr. 0648-AQ88) received January 30, 2004, pursu- January 30, 2004, pursuant to 5 U.S.C. CUNNINGHAM, Mr. CROWLEY, Mr. KEL- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Ways and LER, Mr. HOEFFEL, Mr. GIBBONS, Mr. on Resources. Means. SHERMAN, Mr. KUCINICH, Mr. SPRATT, 6636. A letter from the Deputy Assistant 6645. A letter from the Acting Chief, Publi- Mr. THOMPSON of California, Mr. Administrator for Reguatory Programs, cations and Regulations Br., Internal Rev- STENHOLM, Mr. KENNEDY of Rhode Is- NMFS, National Oceanic and Atmospheric enue Service, transmitting the Service’s land, Mr. OTTER, Ms. HARMAN, Mrs. Administration, transmitting the Adminis- final rule — Special Rules for Top-Heavy MUSGRAVE, Mr. JOHN, Mr. MOORE, Mr. PETERSON of Minnesota, Mr. LYNCH, tration’s final rule — Fisheries of the Exclu- Plans (Rev. Rul. 2004-13) received January 30, Ms. NORTON, Mr. ISRAEL, Mr. MAR- sive Economic Zone off Alaska; Halibut 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the KEY, Mr. KILDEE, Mr. UDALL of New Fisheries in U.S. Convention Waters Off Committee on Ways and Means. Mexico, Mr. BISHOP of New York, Mr. Alaska; Management Measures to Reduce 6646. A letter from the Acting Chief, Publi- MEEK of Florida, Mr. JOHNSON of Illi- Seabird Incidental Take in the Hook-and- cations and Regulations Br., Internal Rev- nois, Mrs. NAPOLITANO, Mr. ROSS, Mr. Line Halibut and Groundfish Fisheries enue Service, transmitting the Service’s ORTIZ, Mr. KIND, Ms. LEE, Mr. [Docket 030130026-3323; I.D. 121202B] (RIN: final rule — Rulings and determination let- BONNER, Mr. TERRY, Mr. MCINNIS, Mr. 0648-AM30) received January 30, 2004, pursu- ters. (Rev. Proc. 2004-15) received January 30, UDALL of Colorado, Mrs. BLACKBURN, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. ENGEL, Mr. OLVER, Ms. MAJETTE, on Resources. Committee on Ways and Means. Mr. HOSTETTLER, Mr. DICKS, Mr. 6637. A letter from the Acting Director, Of- 6647. A letter from the Acting Chief, Publi- MCDERMOTT, Ms. CORRINE BROWN of fice of Sustainable Fisheries, NMFS, Na- cations and Regulations Br., Internal Rev- Florida, Mr. HASTINGS of Florida, Mr. tional Oceanic and Atmospheric Administra- enue Service, transmitting the Service’s PICKERING, Ms. MILLENDER-MCDON- tion, transmitting the Administration’s final final rule — Qualified Pension, Profit-Shar- ALD, Mr. BOSWELL, Mrs. BONO, Mr. rule — Fisheries of the Exclusive Economic ing, and Stock Bonus Plans (Rev. Rul. 2004- MORAN of Virginia, Mr. JEFFERSON, Zone off Alaska; Pacific Cod by Catcher/ 12) received January 30, 2004, pursuant to 5 Processor Vessels Using Hook-and-line Gear Ms. WATERS, Mr. MURPHY, Mr. AN- U.S.C. 801(a)(1)(A); to the Committee on DREWS, Ms. CARSON of Indiana, Mr. in the Bering Sea and Aleutian Islands Ways and Means. [Docket No.021212307-3037-02; I.D. 120403B] re- CARDOZA, Mr. ROTHMAN, Mr. BOU- 6648. A letter from the Acting Chief, Publi- CHER, Mr. LANGEVIN, Mr. DEUTSCH, ceived December 17, 2003, pursuant to 5 cations and Regulations, Internal Revenue U.S.C. 801(a)(1)(A); to the Committee on Re- Mr. TANNER, Mr. LARSON of Con- Service, transmitting the Service’s final rule necticut, Mr. CRAMER, Ms. JACKSON- sources. — Income affected by treaty (Rev. Rul. 2004- 6638. A letter from the Acting Director, Of- LEE of Texas, Mr. BOOZMAN, Mr. 03) received February 2, 2004, pursuant to 5 fice of Sustainable Fisheries, NMFS, Na- WELDON of Pennsylvania, Mr. BAIRD, U.S.C. 801(a)(1)(A); to the Committee on tional Oceanic and Atmospheric Administra- Mr. LOBIONDO, Ms. BERKLEY, Mr. Ways and Means. tion, transmitting the Administration’s final SOUDER, Mrs. MILLER of Michigan, rule — Fisheries of the Exclusive Economic f Mr. LEWIS of Georgia, Mr. PORTER, Zone Off Alaska; Atka Mackeral in the Ber- Mr. HONDA, Mr. GERLACH, Mr. ing Sea and Aleutian Islands [Docket No. PUBLIC BILLS AND RESOLUTIONS COSTELLO, Mr. KIRK, Mr. DOYLE, Mrs. 031126295-3295-01; I.D. 011304A] received Janu- Under clause 2 of rule XII, public CAPITO, Mr. MANZULLO, Mrs. DAVIS of California, Mr. BRADLEY of New ary 30, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); bills and resolutions were introduced to the Committee on Resources. Hampshire, Mr. LARSEN of Wash- 6639. A letter from the Acting Director, Of- and severally referred, as follows: ington, Mrs. LOWEY, Mr. BERMAN, Mr. fice of Sustainable Fisheries, NMFS, Na- By Mr. MILLER of Florida (for himself, LIPINSKI, Mr. ROGERS of Alabama, tional Oceanic and Atmospheric Administra- Mr. BILIRAKIS, Mr. TURNER of Ohio, Mr. TIBERI, Mr. CONYERS, Mr. PETER- tion, transmitting the Administration’s final Mr. SNYDER, Mr. RODRIGUEZ, Mr. SON of Pennsylvania, Mr. OBERSTAR, rule — Fisheries of the Exclusive Economic BACHUS, Mr. BERRY, Mr. DEFAZIO, Mr. Mr. HAYWORTH, Ms. SLAUGHTER, Mr. Zone Off Alaska; Atka Mackeral Lottery in HOLDEN, Mr. ISAKSON, Ms. KIL- SERRANO, Mr. JACKSON of Illinois, Mr. Areas 542 and 543 [Docket No. 031126295-3295- PATRICK, Mr. BARTLETT of Maryland, DOGGETT, Mr. BARRETT of South 01; I.D. 011304B] received January 30, 2004, Mr. ACEVEDO-VILA, Mr. HINCHEY, Mr. Carolina, Mr. TOWNS, Mr. CLYBURN, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- LAMPSON, Mr. BISHOP of Georgia, Mr. Mr. EVERETT, Mr. RYAN of Ohio, Mr. mittee on Resources. WILSON of South Carolina, Mr. BOYD, GALLEGLY, Ms. WOOLSEY, Mr. HALL, 6640. A letter from the General Counsel, Mr. QUINN, Mrs. MCCARTHY of New Mr. SESSIONS, Mr. MCCOTTER, Mr. National Science Foundation, transmitting York, Mr. EVANS, Mr. MICA, Mr. KING BELL, Mr. DEMINT, Mr. KANJORSKI, the Foundation’s final rule — Government- of Iowa, Mr. MCGOVERN, Mr. LAHOOD, Mr. CASE, Mr. SHUSTER, Mr. OSE, Mr. wide Debarment and Suspension (Non- Mr. SIMMONS, Mr. VITTER, Mr. KINGSTON, Mr. GEORGE MILLER of procurement) and Governmentwide Require- GRIJALVA, Mr. EDWARDS, Ms. GINNY California, Mr. DAVIS of Tennessee, ments for Drug-Free Workplace (Grants) — BROWN-WAITE of Florida, Mr. Mr. INSLEE, Mr. NEUGEBAUER, Mr. received January 15, 2004, pursuant to 5 RUPPERSBERGER, Mr. FATTAH, Mr. BACA, Mr. MARSHALL, Mr. SAXTON, U.S.C. 801(a)(1)(A); to the Committee on SCOTT of Georgia, Mr. SMITH of New Mrs. CAPPS, Mr. DELAHUNT, Mr. Science. Jersey, Mr. FOLEY, Mr. VAN HOLLEN, WEINER, Mr. ROYCE, Mr. SHAW, Mr. 6641. A letter from the American Legion, Mr. CRANE, Mr. GOSS, Mr. SCHIFF, Mr. STUPAK, Mr. GREEN of transmitting the financial statement and LATOURETTE, Mr. PAUL, Mr. NEAL of Wisconsin, and Mr. SULLIVAN):

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H.R. 3763. A bill to amend title 10, United By Mr. HULSHOF (for himself and Mr. KILPATRICK, Mr. PAYNE, Ms. CARSON States Code, to increase the minimum Sur- RYAN of Wisconsin): of Indiana, Mr. OWENS, and Ms. LINDA vivor Benefit Plan basic annuity for sur- H.R. 3773. A bill to amend the Internal Rev- T. SANCHEZ of California): viving spouses age 62 and older, to provide enue Code of 1986 to repeal the sunset of the H.R. 3780. A bill to improve the lives of for a one-year open season under that plan, Economic Growth and Tax Relief Reconcili- working families by providing family and and for other purposes; to the Committee on ation Act of 2001 and to repeal scheduled re- medical need assistance, child care assist- Armed Services. ductions in tax benefits provided by the Jobs ance, in-school and afterschool assistance, By Ms. HART (for herself and Ms. and Growth Tax Relief Reconciliation Act of family care assistance, and encouraging the MILLENDER-MCDONALD): 2003; to the Committee on Ways and Means. establishment of family-friendly workplaces; H.R. 3764. A bill to provide effective train- By Mr. KENNEDY of Rhode Island (for to the Committee on Education and the ing and education programs for displaced himself, Mr. WELDON of Pennsyl- Workforce, and in addition to the Commit- homemakers, single parents, and individuals vania, Mr. TURNER of Texas, Mr. tees on House Administration, Government entering nontraditional employment; to the SMITH of New Jersey, Mr. FROST, and Reform, and Financial Services, for a period Committee on Education and the Workforce. Mr. THOMPSON of Mississippi): to be subsequently determined by the Speak- By Mr. CALVERT: H.R. 3774. A bill to improve homeland secu- er, in each case for consideration of such pro- H.R. 3765. A bill to require the Secretary of rity by providing for national resilience in visions as fall within the jurisdiction of the the Treasury to mint coins in commemora- preparation for, and in the event of, a ter- committee concerned. tion of the recipients of the Congressional rorist attack, and for other purposes; to the By Ms. WATSON: Medal of Honor; to the Committee on Finan- Committee on Energy and Commerce, and in H. Con. Res. 357. Concurrent resolution per- cial Services. addition to the Committees on Transpor- mitting the use of the rotunda of the Capitol By Mr. HOUGHTON (for himself and tation and Infrastructure, and the Judiciary, for a ceremony to award a Congressional Mr. PAYNE): for a period to be subsequently determined Gold Medal to Dr. Dorothy Height; to the H.R. 3766. A bill to provide for tax-exempt by the Speaker, in each case for consider- Committee on House Administration. financing for United Nations facilities; to ation of such provisions as fall within the ju- By Mr. LARSON of Connecticut (for the Committee on Ways and Means. risdiction of the committee concerned. himself and Mr. NEY): By Mr. BERRY (for himself, Ms. By Mr. LATHAM: H. Con. Res. 358. Concurrent resolution au- SCHAKOWSKY, Mr. ALLEN, Mr. H.R. 3775. A bill to impose a ban on the im- thorizing the printing of ‘‘History of the PALLONE, Mr. HINCHEY, Mrs. MCCAR- portation of soybeans and soybean meal that United States Capitol‘‘as a House document; THY of New York, Ms. SOLIS, Mrs. are products of Argentina or Brazil; to the to the Committee on House Administration. CHRISTENSEN, Mr. GRIJALVA, Mr. BOU- Committee on Ways and Means. By Mr. LATOURETTE (for himself, Mr. CHER, Mrs. TAUSCHER, Mr. ROSS, Mr. By Mr. LEWIS of Kentucky (for him- LARSON of Connecticut, Mr. CANNON, TAYLOR of Mississippi, Ms. ROYBAL- self, Mrs. BLACKBURN, Mr. TANNER, Mr. CANTOR, and Mr. LANTOS): ALLARD, Ms. LEE, Mr. SERRANO, Mr. Mr. FOLEY, Mr. MCINNIS, Mrs. BONO, H. Con. Res. 359. Concurrent resolution per- STARK, Mr. MEEHAN, Mr. CUMMINGS, Mr. CONYERS, Mr. FORD, Mr. JENKINS, mitting the use of the rotunda of the Capitol Mr. WAXMAN, Mr. CONYERS, Mr. Mr. DUNCAN, Mr. WAMP, Mr. COOPER, for a ceremony as part of the commemora- BISHOP of New York, and Ms. Mr. GORDON, Mr. DAVIS of Tennessee, tion of the days of remembrance of victims DELAURO): Mr. ROGERS of Kentucky, and Mr. of the Holocaust; to the Committee on House H.R. 3767. A bill to amend title XVIII of the WHITFIELD): Administration. Social Security Act to deliver a meaningful H.R. 3776. A bill to amend the Internal Rev- By Mr. BELL: benefit and lower prescription drug prices enue Code of 1986 to provide capital gains tax H. Res. 515. A resolution expressing the under the Medicare Program; to the Com- treatment for certain self-created musical sense of the House of Representatives that mittee on Energy and Commerce, and in ad- works; to the Committee on Ways and Congress and the States should act to end ra- dition to the Committee on Ways and Means, Means. cial profiling; to the Committee on the Judi- for a period to be subsequently determined By Mr. MCINNIS (for himself, Mr. WAL- ciary. by the Speaker, in each case for consider- DEN of Oregon, Mr. PETERSON of By Mr. GILLMOR (for himself, Mr. ation of such provisions as fall within the ju- Pennsylvania, Mr. PICKERING, Mr. BURNS, Mr. ROGERS of Michigan, Mr. risdiction of the committee concerned. ISTOOK, Mr. ISAKSON, Mr. FROST, Mr. MANZULLO, and Mr. DINGELL): By Mr. CRENSHAW (for himself and CASE, Mr. GOODE, Mr. SIMPSON, Mr. H. Res. 516. A resolution supporting the Ms. CORRINE BROWN of Florida): SANDLIN, Mr. HASTINGS of Wash- goals of National Manufacturing Week, con- H.R. 3768. A bill to expand the Timucuan ington, Mr. GREEN of Wisconsin, Mr. gratulating manufacturers and their employ- Ecological and Historic Preserve, Florida; to PETERSON of Minnesota, Mrs. CAPITO, ees for their contributions to growth and in- the Committee on Resources. Mr. KING of Iowa, Mr. PEARCE, Mr. novation, and recognizing the challenges fac- By Mr. DUNCAN (for himself, Mr. JEN- FILNER, Mrs. MUSGRAVE, Mr. BOU- ing the manufacturing sector; to the Com- KINS, Mr. WAMP, Mr. DAVIS of Ten- CHER, Mr. PAUL, and Mr. MARSHALL): mittee on Energy and Commerce. nessee, Mr. COOPER, Mr. GORDON, Mrs. H.R. 3777. A bill to amend title 38, United By Mr. MCINTYRE (for himself, Mr. BLACKBURN, Mr. TANNER, and Mr. States Code, to require the Secretary of Vet- HAYES, and Mr. ETHERIDGE): FORD): erans Affairs to enter into contracts with H. Res. 517. A resolution honoring the H.R. 3769. A bill to designate the facility of community health care providers to improve County of Cumberland, North Carolina, its the United States Postal Service located at access to health care for veterans in highly municipalities and community partners as 137 East Young High Pike in Knoxville, Ten- rural areas, and for other purposes; to the they celebrate the 250th year of the existence nessee, as the ‘‘Ben Atchley Post Office Committee on Veterans’ Affairs. of Cumberland County; to the Committee on Building’’; to the Committee on Government By Mr. PETERSON of Pennsylvania Government Reform. Reform. (for himself and Mr. SHERWOOD): By Mr. RANGEL: By Ms. DUNN: H.R. 3778. A bill to amend the Surface Min- H. Res. 518. A resolution recognizing the ef- H.R. 3770. A bill to amend the Internal Rev- ing Control and Reclamation Act of 1977 to forts of the American Dental Association enue Code of 1986 to exempt certain transpor- reauthorize collection of reclamation fees, and the Nation’s dentists, dental hygienists, tation provided by seaplanes from the excise revise the abandoned mine reclamation pro- dental assistants, and thousands of volun- tax imposed on the transportation of persons gram, promote remining, authorize the Of- teers to improve the dental health of dis- by air; to the Committee on Ways and fice of Surface Mining to collect the black advantaged children; to the Committee on Means. lung excise tax, and make sundry other Energy and Commerce. By Mr. FOSSELLA (for himself, Mr. changes; to the Committee on Resources. By Mr. THOMAS (for himself, Mrs. SHAYS, Mr. HINCHEY, Mr. EMANUEL, By Ms. SLAUGHTER (for herself and CAPPS, and Mr. GALLEGLY): Mr. TANCREDO, Mr. SMITH of New Jer- Ms. GINNY BROWN-WAITE of Florida): H. Res. 519. A resolution expressing the sey, Mr. COOPER, and Mrs. MALONEY): H.R. 3779. A bill to amend the sense of the House of Representatives with H.R. 3771. A bill to extend the date for the Servicemembers Civil Relief Act to prevent respect to the earthquake that occurred in submittal of the final report of the National the disruption of the education of children San Luis Obispo County, California, on De- Commission on Terrorist Attacks on the who change residence based on the military cember 22, 2003; to the Committee on Govern- United States, to provide additional funding service of their parents; to the Committee on ment Reform. for the Commission, and for other purposes; Veterans’ Affairs. f to the Committee on Intelligence (Perma- By Ms. WOOLSEY (for herself, Mrs. nent Select). JONES of Ohio, Ms. DELAURO, Mr. ADDITIONAL SPONSORS KUCINICH, Ms. MILLENDER-MCDONALD, By Mr. GOODE: Under clause 7 of rule XII, sponsors H.R. 3772. A bill to include Nelson County Mr. SERRANO, Ms. LEE, Mr. CONYERS, and Franklin County, Virginia, in the Appa- Mr. FRANK of Massachusetts, Mrs. were added to public bills and resolu- lachian region for purposes of the programs NAPOLITANO, Mr. LAMPSON, Mr. tions as follows: of the Appalachian Regional Commission; to TOWNS, Mr. BALLANCE, Ms. CORRINE H.R. 40: Mr. KUCINICH. the Committee on Transportation and Infra- BROWN of Florida, Mr. GEORGE MIL- H.R. 173: Ms. LEE, Mr. FATTAH, Mr. JACK- structure. LER of California, Mr. LANTOS, Ms. SON of Illinois, Mr. TOWNS, Mr. MICHAUD, Mr.

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KIND, Mr. ISTOOK, Mr. FEENEY, Mr. H.R. 2366: Mr. BERRY, Mr. FILNER, Ms. Mr. SCOTT of Virginia, Ms. DELAURO, Mr. MCDERMOTT, Mr. TANCREDO, Ms. ROS- MILLENDER-MCDONALD, Mr. PALLONE, and ALLEN, Mr. PRICE of North Carolina, Mr. LEHTINEN, Mr. CARDOZA, Mr. BARTLETT of Mr. TAYLOR of Mississippi. CASE, Mr. PALLONE, Mr. BOYD, Mr. FRANK of Maryland, Mr. BRADLEY of New Hampshire, H.R. 2404: Ms. SLAUGHTER. Massachusetts, Mr. LAMPSON, Mr. GALLEGLY, Mr. MOORE, Mr. COSTELLO, and Mr. KING of H.R. 2505: Mr. HILL. Mr. GONZALEZ, Mr. ACKERMAN, Mr. HILL, Ms. Iowa. H.R. 2527: Mr. MILLER of North Carolina. HOOLEY of Oregon, Mr. OLVER, Mrs. DAVIS of H.R. 284: Mr. CARSON of Oklahoma and Mr. H.R. 2566: Mr. SANDERS. California, Mr. BAIRD, Mr. LARSON of Con- FILNER. H.R. 2582. Ms. SLAUGHTER. necticut, Ms. BERKLEY, Ms. ESHOO, Mr. H.R. 466: Ms. KAPTUR. H.R. 2625: Mr. LIPINSKI. MCNULTY, Ms. NORTON, Ms. JACKSON-LEE of H.R. 490: Mr. VITTER. H.R. 2662: Mr. PAUL. Texas, Mr. MORAN of Virginia, Mrs. H.R. 584: Mr. NEUGEBAUER. H.R. 2719: Mr. BLUMENAUER. MALONEY, Mr. MCDERMOTT, Ms. HARMAN, H.R. 645: Mr. KOLBE. H.R. 2735: Mr. BURNS, Mr. LOBIONDO, and Mrs. MCCARTHY of New York, Ms. VELAZ- H.R. 687: Mr. CAMP. Mrs. KELLY. QUEZ, Mr. CUMMINGS, Mr. KANJORSKI, Mr. H.R. 785: Mrs. BIGGERT. H.R. 2743: Mr. KOLBE. COSTELLO, Mr. SANDERS, Mr. SCHIFF, Mr. H.R. 806: Mr. SABO, Mr. BASS, and Ms. H.R. 2768: Mr. FRANKS of Arizona, Mrs. WYNN, Ms. KILPATRICK, Ms. EDDIE BERNICE DUNN. EMERSON, Mr. GILCHREST, Mr. MEEK of Flor- JOHNSON of Texas, and Mr. GORDON. H.R. 814: Mr. BROWN of Ohio. ida, Mr. JOHN, Mr. BOSWELL, Mr. TIERNEY, H.R. 3708: Mr. SOUDER. H.R. 839: Mr. HINOJOSA and Mr. GOODE. Mr. THOMPSON of Mississippi, Mr. BRADY of H.R. 857: Mrs. NORTHUP. Texas, Ms. ESHOO, Mr. SENSENBRENNER, and H.R. 3711: Mrs. NAPOLITANO, Mr. KUCINICH, H.R. 870: Mr. CULBERSON and Mr. LARSEN of Ms. SOLIS. and Mr. SANDERS. Washington. H.R. 2816: Mrs. TAUSCHER. H.R. 3714: Ms. SLAUGHTER and Mr. GEORGE H.R. 871: Mr. STENHOLM. H.R. 2818: Mr. EMANUEL. MILLER of California. H.R. 876: Ms. WOOLSEY and Mr. KIRK. H.R. 2821: Mr. LEWIS of Georgia, Mr. SABO, H.R. 3716: Mr. MCHUGH. SAKSON AIRD H.R. 879: Mr. I , Mr. B , and Mr. and Mr. SHUSTER. H.R. 3717: Mr. GARY G. MILLER of Cali- RADLEY B of New Hampshire. H.R. 2824: Mr. VISCLOSKY. fornia, Mr. CAMP, Mr. MCINTYRE, Mr. HOEK- H.R. 882: Mr. BERRY. DALL H.R. 2891: Mr. U of Colorado. STRA, Mr. TAYLOR of North Carolina, Mr. H.R. 962: Mr. GILCHREST. H.R. 2900: Mr. FORBES. BURGESS, Mr. OLVER, Mr. KNOLLENBERG, Mr. H.R. 968: Mr. RANGEL and Mr. OWENS. H.R. 2916: Mr. SHAYS. LATHAM, Ms. ESHOO, Mr. NEY, and Mr. BOEH- H.R. 1061: Mr. CALVERT. H.R. 2950: Mr. TERRY. LERT. H.R. 1227: Mr. STEARNS, Mr. MOORE, and H.R. 2967: Mr. CUNNINGHAM. IMPSON Mr. KENNEDY of Minnesota. H.R. 2968: Mr. CAMP. H.R. 3728: Mr. S . H.R. 1231: Mr. PETERSON of Pennsylvania. H.R. 3039: Mr. SULLIVAN. H.R. 3743: Mr. DUNCAN. H.R. 1267: Mr. PLATTS. H.R. 3063: Ms. EDDIE BERNICE JOHNSON of H.J. Res. 87: Mr. OLVER, Mr. LANGEVIN, Mr. H.R. 1285: Ms. ROYBAL-ALLARD, Ms. SOLIS, Texas and Mr. STRICKLAND. STARK, Mr. BERMAN, Mr. MCDERMOTT, Mr. and Mrs. LOWEY. H.R. 3069: Mr. EHLERS. DAVIS of Illinois, Mrs. TAUSCHER, Mr. H.R. 1292: Mr. BOEHLERT, Ms. JACKSON-LEE H.R. 3103: Mr. FROST, Mr. PAUL, and Mr. MCNULTY, Mr. MOORE, Mr. EVANS, Mr. SNY- of Texas, and Mr. WELDON of Pennsylvania. VAN HOLLEN. DER, and Mr. PRICE of North Carolina. H.R. 1345: Mr. MCDERMOTT. H.R. 3119: Mr. WICKER. H. Con. Res. 3: Mr. WATT. H.R. 1421: Mr. WEXLER. H.R. 3191: Mr. PLATTS and Mr. DEMINT. H. Con. Res. 218: Mr. LOBIONDO. H.R. 1426: Mr. MEEKS of New York. H.R. 3213: Mrs. JO ANN DAVIS of Virginia, H.R. 1470: Mr. ACEVEDO-VILA. Mr. GOODE, Mr. BAKER, and Mr. CASE. H. Con. Res. 247: Mr. HOLDEN. H.R. 1480: Mr. MILLER of North Carolina. H.R. 3238: Ms. NORTON and Mr. CLYBURN. H. Con. Res. 312: Mr. WAXMAN. H.R. 1513: Mr. LARSEN of Washington and H.R. 3243: Mr. WALSH, Mr. BISHOP of New H. Con. Res. 332: Mr. POMBO, Mr. SHADEGG, Mr. GREENWOOD. York, Mr. QUINN, and Mr. SERRANO. Mrs. MUSGRAVE, Mr. GREEN of Texas, and Mr. H.R. 1563: Mr. UPTON and Mr. PAYNE. H.R. 3285: Mr. SCOTT of Georgia. CARSON of Oklahoma. H.R. 1608: Mr. GOODLATTE, Ms. LORETTA H.R. 3361: Mr. UDALL of Colorado and Mr. H. Con. Res. 348: Mr. MCCOTTER, Mr. EMAN- SANCHEZ of California, and Mr. BISHOP of LINCOLN DIAZ-BALART of Florida. UEL, Mr. MCHUGH, and Mr. HALL. Georgia. H.R. 3371: Mr. WAXMAN. H. Res. 101: Mr. FRANK of Massachusetts, H.R. 1633: Mr. WYNN and Mr. OWENS. H.R. 3412: Mr. GILLMOR. Ms. NORTON, Mr. OWENS, Mr. FROST, Mr. H.R. 1639: Mr. JACKSON of Illinois and Mr. H.R. 3429: Mr. LOBIONDO. BROWN of Ohio, Mr. MCDERMOTT, Mr. BER- GUTIERREZ. H.R. 3446: Mr. UDALL of Colorado, Ms. KIL- MAN, and Mr. CLYBURN. H.R. 1717: Ms. LORETTA SANCHEZ of Cali- PATRICK, Mr. HONDA, Mr. SMITH of New Jer- fornia. sey, Mr. GREEN of Wisconsin, Ms. BERKLEY, H. Res. 381: Mr. COOPER, Ms. NORTON, Mr. H.R. 1726: Mr. BRADLEY of New Hampshire. Mr. KIND, and Mr. MILLER of North Carolina. OWENS, Mr. FROST, Mr. WYNN, Mr. H.R. 1731: Mr. NEUGEBAUER, Mr. OWENS, Mr. H.R. 3458: Mr. RANGEL and Mr. HALL. MCDERMOTT, Mr. GREEN of Texas, Mr. SCOTT NUNES, Mr. SHERMAN, and Mr. GREEN of H.R. 3474: Mr. JOHNSON of Illinois and Mr. of Virginia, Mrs. CHRISTENSEN, Mr. JEFFER- Texas. WELDON of Florida. SON, Mr. WATT, Mr. CLYBURN, and Mr. MEEKS H.R. 1746: Mr. DELAHUNT and Ms. WATSON. H.R. 3522: Mr. DEAL of Georgia. of New York. H.R. 1769: Mr. SCOTT of Georgia, Mr. EVANS, H.R. 3527: Mr. STARK, Mr. ENGLISH, Mr. H. Res. 446: Mrs. BLACKBURN and Mr. JOHN- Mr. FILNER, Ms. MAJETTE, Mr. KIND, and WALSH, Mr. TOOMEY, Mr. FROST, and Ms. SON of Illinois. Mrs. NAPOLITANO. SLAUGHTER. H. Res. 466: Mr. LUCAS of Kentucky, Mr. H.R. 1782: Mr. EMANUEL. H.R. 3546: Mr. STUPAK and Ms. MCCOLLUM. BECERRA, Mr. FROST, Mr. UDALL of New Mex- H.R. 1824: Mr. HOLT, Mr. EVANS, Mr. H.R. 3550: Mr. GREEN of Texas, Mr. KAN- ico, Mr. HONDA, Mr. BOEHLERT, Mr. DEFAZIO, ACEVEDO-VILA, and Mr. MCCOTTER. JORSKI, and Mr. OWENS. Ms. WATERS, Mr. BACA, Mr. OLVER, Mr. H.R. 1886: Mr. STUPAK. H.R. 3569: Ms. LEE and Mr. FROST. HASTINGS of Florida, Mrs. LOWEY, Mr. LAN- H.R. 1914: Mr. MCGOVERN. H.R. 3574: Mr. CARTER, Mr. SOUDER, Mr. TOS, Ms. MCCOLLUM, and Mrs. JOHNSON of H.R. 1933: Mr. CUMMINGS. MCINTYRE, Mr. CAPUANO, and Mr. FLAKE. Connecticut. H.R. 2103: Mr. MEEHAN. H.R. 3605: Mr. PASTOR, Mr. TOWNS, Mr. H. Res. 499: Mr. PRICE of North Carolina, H.R. 2131: Mrs. MYRICK, Mr. GRIJALVA, Mr. INSLEE, Mr. FILNER, Mr. Mr. GONZALEZ, Mr. INSLEE, Mrs. FALEOMAVAEGA, Mrs. BLACKBURN, Mr. BRADY PALLONE, Mr. RANGEL, Mr. FROST, and Mrs. CHRISTENSEN, Mr. JACKSON of Illinois, Mr. of Texas, Mr. BURGESS, Mr. BURR, Mr. BUYER, MALONEY. PASTOR, Mr. DEFAZIO, Mr. DAVIS of Florida, Mr. CAMP, Mr. CANTOR, Mr. CHABOT, Mr. COX, H.R. 3674: Mr. GOODE, Mr. SMITH of New Mr. OWENS, Mr. ACKERMAN, Ms. WATSON, Ms. Mr. HOSTETTLER, Mr. ISTOOK, Mr. JEFFERSON, Jersey, Mr. GALLEGLY, and Mr. SMITH of WATERS, Mr. BACA, Ms. JACKSON-LEE of Mr. KENNEDY of Rhode Island, Mr. LINDER, Texas. Texas, Ms. CARSON of Indiana, Mr. WEXLER, Mr. MCINNIS, Mr. MILLER of Florida, Mrs. H.R. 3676: Mr. ISRAEL. Mr. EMANUEL, Mr. PALLONE, Mrs. CAPPS, Mr. NORTHUP, Mr. OXLEY, Mr. PICKERING, Mr. H.R. 3678: Mr. RANGEL, Mr. GILLMOR, Ms. PAYNE, and Mr. FROST. PORTMAN, Mr. RYAN of Wisconsin, Mr. SES- MILLENDER-MCDONALD, Mr. EHLERS, and Mr. SIONS, Mr. SMITH of Washington, Mr. TAYLOR GREEN of Texas. of North Carolina, Mr. THOMAS, Mr. UPTON, H.R. 3684: Mr. VAN HOLLEN, Ms. LEE, Mr. f Mr. VITTER, Mr. WHITFIELD, Mr. WOLF, and PRICE of North Carolina, Mr. EMANUEL, and Mr. LEWIS of California. Mr. SNYDER. DELETIONS OF SPONSORS FROM H.R. 2227: Mr. EHLERS, Mr. FROST, and Mr. H.R. 3695: Mr. PALLONE. PUBLIC BILLS AND RESOLUTIONS OWENS. H.R. 3704: Mr. ENGLISH and Mr. DOOLITTLE. H.R. 2239: Mrs. NAPOLITANO, Mr. ISSA, and H.R. 3707: Mr. HOLDEN, Mr. MANZULLO, Mr. Under clause 7 of rule XII, sponsors Mrs. LOWEY. KLECZKA, Mr. BOEHLERT, Mr. RANGEL, Mr. were deleted from public bills and reso- SMITH of Michigan, Ms. SOLIS, Mr. BEREUTER, H.R. 2256: Mr. SANDERS and Mr. EHLERS. lutions as follows: H.R. 2283: Mr. BARTLETT of Maryland. Mr. MICHAUD, Mr. SIMPSON, Mr. BISHOP of H.R. 2323: Mr. RODRIGUEZ. New York, Mr. BERRY, Mrs. CHRISTENSEN, H.R. 2169: Mr. SANDERS.

VerDate jul 14 2003 03:33 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.042 H04PT1 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, WEDNESDAY, FEBRUARY 4, 2004 No. 12 Senate The Senate met at 1 p.m. and was sume consideration of S. 1072, which to meet during today’s session of the called to order by the President pro the clerk will report. Senate. They all have been approved by tempore (Mr. STEVENS). The legislative clerk read as follows: the majority and minority leadership. I A bill (S. 1072) to authorize funds for Fed- ask unanimous consent that these re- PRAYER eral-aid highways, highway safety programs, quests be agreed to, en bloc, and that The Chaplain, Dr. Barry C. Black, of- and transit programs, and for other purposes. these requests be printed in the fered the following prayer: RECOGNITION OF THE MAJORITY LEADER RECORD. Let us pray. The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Is Almighty God, clothed in dazzling majority leader is recognized. there objection? The Senator from splendor, we bow our hearts in Your THANKING PRESIDENT AZNAR OF SPAIN Florida. presence. You have decreed the seas’ Mr. FRIST. Mr. President, this morn- Mr. GRAHAM of Florida. Reserving boundaries and provided limits for the ing the Senate and House were privi- the right to object, I would like to ask oceans’ shores. We glorify Your Name leged to conduct a joint meeting—a a question. I was under the impression because of Your wonderful works. Your wonderful meeting—to hear a powerful that I had an opportunity today to greatness is beyond comprehension. address by President Aznar of Spain. I complete a series of statements I was Lord, in this dangerous world, we again thank President Aznar, who left making on intelligence reform, and sometimes forget that You control all here just moments ago, for his visit that was to begin at 1 o’clock. things. After seeing the schemes of evil Mr. FRIST. Mr. President, the man- and the criminal conduct of hatred, we and for his remarks today. Spain, through this President, has sometimes look away from You. Re- agers are here. I know we had not been a true ally in every sense of the mind us that You are our Helper, our locked in any time. I would like to Defender, and our refuge. You are our word. He did a wonderful job in articu- defer to the managers for that because, hope for years to come. lating the great friendship that our as we had said before, we would like to Lord, thank You for the miracle of two countries have demonstrated, as he proceed with the consideration of the one more day, for friends who grow said, over the last two administrations bill itself. dearer through the passing years, and of this country. Mr. GRAHAM of Florida. If I could for all who lift their voices in prayer SCHEDULE add to your unanimous consent request for this great land. Strengthen our Mr. President, this afternoon we have a time certain that I could present my Senators for today’s challenges. Direct resumed consideration of S. 1072, the third statement on intelligence reform; their thoughts and enable them to hear highway bill. We notified Senators last and Senator FEINSTEIN also wishes to Your voice. We pray this in Your Holy night that it is our intention to work make a statement on the same subject. Name. Amen. to complete action on this bill before Mr. INHOFE. Yesterday, we had sev- f the February recess. We have made eral occasions where we were trying to some progress on the bill thus far this stay on the bill, and we kept saying: PLEDGE OF ALLEGIANCE week. The chairman modified the com- All right, one more person, one more The PRESIDENT pro tempore led the mittee substitute yesterday and is person, one more person. Pledge of Allegiance, as follows: ready to work with Senators on their As manager of the bill, I am going to I pledge allegiance to the Flag of the amendments today. Rollcall votes do everything I can parliamentarily to United States of America, and to the Repub- should be anticipated during today’s stay on the bill and not get into other lic for which it stands, one nation under God, session as we begin the amendment subjects. indivisible, with liberty and justice for all. process. I, once again, encourage Sen- Mr. GRAHAM of Florida. Well then, I f ators to come to the floor and to work would have to object to the unanimous RESERVATION OF LEADER TIME with the bill managers to schedule consent request. The PRESIDENT pro tempore. Under floor time. The PRESIDENT pro tempore. Objec- the previous order, the leadership time In addition to the highway bill tion is heard. is reserved. amendments, the Senate may act on Mr. FRIST. Mr. President, we will available judicial nominations today. proceed with the regular order here f We will alert all Members of these then. SAFE, ACCOUNTABLE, FLEXIBLE, votes as they are scheduled. RICIN UPDATE AND EFFICIENT TRANSPOR- UNANIMOUS CONSENT AGREEMENT—COMMITTEE Mr. President, let me just say, in ref- TATION EQUITY ACT OF 2003 MEETINGS erence to the incident, the criminal in- The PRESIDENT pro tempore. Under Mr. President, I have three unani- vestigation that is underway because the previous order, the Senate will re- mous consent requests for committees of the attack here with ricin now 2

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

S549

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.000 S04PT1 S550 CONGRESSIONAL RECORD — SENATE February 4, 2004 days ago, I will, sometime in the next are some things happening that affect The PRESIDENT pro tempore. Is hour, be coming back to the floor for a every Senator in here tonight having there objection to the request? very brief announcement so our col- to do with the National Prayer Break- Without objection, the request of the leagues will know of a proposed sched- fast, and I would like to accommodate majority leader is granted. The Demo- ule for the reopening of the Senate of- them as well. cratic leader is recognized. fice buildings. I will be working on that Mr. GRAHAM of Florida. I wish I CONFERENCE ON H.R. 3108 over the course of the next 40 minutes could do that, but I have a request that Mr. DASCHLE. Mr. President, I was or so. I mentioned to the Democratic it be no later than 3:30. Frankly, if I criticized by some Members of the leader that I will plan to come back. had started when we began this debate House yesterday or today with regard I know there is a lot of concern and over parliamentary procedure, I would to the pension bill. Their criticism was anticipation, and some frustration, not have been a third of the way through that I was holding the bill. Let me knowing exactly when Senators will the speech. make sure people understand: I have have access to their offices and to their Mr. DASCHLE. Mr. President, if we not held the bill. I have no desire to records. We are working on that. We have an impasse about scheduling this hold the pension bill. I would like to have been working on it over the afternoon, I wonder if it would be ap- get on with it. I would like to complete course of the morning. We made real propriate to ask consent that we have our work on the pension bill. progress yesterday. It was a very suc- morning business tomorrow imme- It is, of course, the prerogative of the cessful day in terms of laboratory test- diately after we commence Senate majority leader and the majority to ing. business to accommodate the request send the bill to the House once we have But again, let me come back and say made by the distinguished Senator completed our work. That has not been that it is the safety and welfare of our from Florida and the Senator from done. They are certainly within their employees and our staff that is funda- California. Could we do that? rights to make decisions with regard to mental. The science of this particular Mr. GRAHAM of Florida. If I may the disposition of the bill, but it would agent is uncertain and new, but we ask, when will we commence the ses- be in error to say that in any way I am have a lot of certainty that we are sion tomorrow? holding the bill. gaining with each minute. So I plan on Mr. DASCHLE. That is a matter to I am withholding our consent to go coming back to the floor in about 30 be determined by the majority leader, to conference on the bill, which is a dif- minutes. but I would suggest that normally we ferent matter. I will talk about that in have Senate business in the morning. ORDER OF PROCEDURE a moment. Obviously, Senator FRIST We could either come in a little bit Mr. REID. Mr. President, if the Sen- and I have had some conversations earlier or figure out our schedule. But ator will yield, I think we could prob- about how we proceed with regard to it would not then interfere with the ably work this out. Why don’t we go conferences this year. understandable desire on the part of ahead and get rid of the Bond amend- We are unwilling to commit to a the manager to stay on the bill once we ment—all they want is a time certain— process that brought about the unac- are on the bill. Technically we are on and have them come and talk after ceptable circumstances in conference the highway bill right now. Tomorrow that? last year, especially on the energy bill morning we could certainly accommo- I say to Senator INHOFE, through the as well as the Medicare bill. But there majority leader—we are anxious to date the Senator’s request with the are three approaches. have an amendment on this bill— time allotted for his comments and First, of course, on any bill, we are those of the Senator from California. maybe Senator BOND could lay down certainly within our rights to ask for a Mr. GRAHAM of Florida. Mr. Leader, his amendment. We could finish the de- conference with the House. What we may I make one request, that morning bate on that, and I assume the leader have simply asked is that if there is a business begin no later than 9:30 in the wants a vote on it today. When that conference, all the conferees be present morning? when deliberations take place. That vote is completed, they could be recog- Mr. DASCHLE. That would be up to nized. isn’t too much to ask. That is all we the majority leader. are asking—our presence at conference Mr. REID. It is my understanding Mr. INHOFE. The majority leader meetings once those conference meet- Senator WARNER is not going to be here will have to get in on this, but I would ings have been called. We don’t think a today. say even earlier than that. We are conference can truly be a conference if Mr. INHOFE. At 2:30. going to have amendments. In fact, we only one party is represented. That is Mr. REID. Maybe we could lay the have some amendments that will be my simple request. Until I have the as- amendment down and vote on it at ready today. We need to get to those surance that that request is be grant- some subsequent time. and get this bill moving. Mr. INHOFE. To do everything to ac- Mr. DASCHLE. Mr. President, I ed, we are unable to provide consent to commodate the Senator from Florida, would say to the Senator from Florida go to conference. We are not asking for any predeter- what I would like to do is stay on the that I will talk to the majority leader. mined outcome. We are not asking for bill until later on this afternoon, and I would be surprised if he would have a certain set of expectations with re- at that time I am sure we are going to any difficulty coming in prior to 9:30. come to a point where, because of other The PRESIDENT pro tempore. Does gard to the legislation itself. We are things that are happening, there are the Senator withdraw his request? simply saying: If you are going to have not going to be Senators who want to Mr. GRAHAM of Florida. I withdraw a conference, don’t call it a conference speak on the bill, and then we could go my request. unless you have the conferees present. to this so the Senator would have the The PRESIDENT pro tempore. The There are two other approaches. I time he requested. Democratic leader is recognized. have just alluded to the second ap- Mr. REID. How much time would the Mr. DASCHLE. I will use my leader proach, which is to send the bill to the Senator from Florida need? time prior to the time we move to the House. We have done that on a number Mr. GRAHAM of Florida. Thirty min- bill itself. I wish to comment on a cou- of occasions. There is nothing that pre- utes. I would like to have it commence ple of things this afternoon. cludes us from sending the pension bill no later than 3:30 because I have pre- Mr. REID. Mr. Leader, if I could in- to the House, allowing them to work vious commitments. terrupt, I wonder if the majority lead- their will. Perhaps they will accept the Mrs. FEINSTEIN. I would like a half er’s request could now be granted, the changes made by the Senate. That cer- hour. committees meeting and all that. tainly is within their right. Mr. REID. So there is an hour here The PRESIDENT pro tempore. Does There is a third option. This is a test- being requested. I have an idea what the Senator withdraw his objection to ed, tried and true option that I can say they are going to talk about, and that the request for committees to meet? with some authority has happened on means there will be time requested on Mr. DASCHLE. The majority leader countless occasions in past years and the other side to respond to it. had made a unanimous consent re- conferences. Last year we Mr. INHOFE. I have no objection if quest. On his behalf, I make it again. I preconferenced the forest health bill. he changes his 3:30 to 5 o’clock. There don’t think there will be an objection. And once successfully preconferenced,

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.003 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S551 we agreed in conference to the provi- H.R. 2998, Radio Free Afghanistan Act portation bill. As I said yesterday, get- sions and the bill passed almost unani- H.R. 1892, Family Sponsor Immigration Act ting this bill to the floor has been too mously. In the 108th Congress, we H.R. 1499, D.C. College Access Improvement long a process. I won’t dwell on that passed 19 bills by preconferencing them Act other than to say the Congress and the first, including the AIDS Assistance H.R. 3525, Enhanced Border Security and Visa Entry Reform Act administration have not been success- Act, the Military Family Relief Act, H.R. 169, Notification and Federal Employee ful in bringing this bill to conclusion, the Veterans Benefits Act. And in the Antidiscrimination and Retaliation Act and because of that we have already 107th Congress, we passed 51 bills by H.R. 4560, Auction Reform Act lost 90,000 jobs. preconferencing the agreements: Rail- H.R. 3275, Suppression of the Financing of For too long our economy has been road Retirement Survivors Improve- Terrorism Convention Implementation slowed by outdated and inadequate ment Act, the Veterans Benefit Act, H.R. 327, Small Business Paperwork Relief transportation infrastructure. Nothing Nurses Reinvestment Act, the Home- Act expresses the urgency of this bill better land Security Act, the Native Amer- H.R. 3487, Nurse Reinvestment Act H.R. 1209, Child Status Protection Act (im- than the fact that we have lost 3 mil- ican Settlements and Indian Financing lion private sector jobs over the last 3 Act Amendments. Those and 40-plus migration) H.R. 4687, National Construction Safety years. It is time to get this bill done. more bills were preconferenced. Team Act Make no mistake, not only will this I ask unanimous consent that the list H.R. 2121, Russian Democracy Act bill create jobs all across the country of bills preconferenced and agreed to H.R. 4085, Veterans’ Compensation Cost-of- but it will address our Nation’s infra- successfully in the 108th Congress to Living Adjustment Act structure deficit as well. date and the 107th Congress be printed S. 1533, Health Care Safety Net Amendments If passed, this bill will improve the in the RECORD. H.R. 3801, Education Sciences Reform Act more than 30 percent of our roads and There being no objection, the mate- H.R. 3253, Department of Veterans Affairs highways that are in poor and sub- rial was ordered to be printed in the Emergency Preparedness Act standard condition today. It will help RECORD, as follows: H.R. 4015, Jobs for Veterans Act S. 1210, Native American Housing Assistance improve the more than 30 percent of BILLS ENACTED INTO LAW WITHOUT USING A and Self-Determination Reauthorization our Nation’s bridges that are function- CONFERENCE TO NEGOTIATE DIFFERENCES IN Act LANGUAGE BETWEEN THE HOUSE AND SENATE ally obsolete or structurally deficient. S. 2690, Pledge of Allegiance 108th Congress (as of February 2, 2004—19 As I said yesterday, the managers of H.R. 5005, Homeland Security Act the bill, Chairman INHOFE and Senators bills) H.R. 2546, Real Interstate Driver Equity Act JEFFORDS, BOND, and REID, have done a H.R. 1584, Clean Diamond Trade Act H.R. 3389, National Sea Grant College Pro- H.R. 1298, AIDS Assistance gram Act Amendments remarkable job in bringing us a fine H.R. 733, McLoughlin House National His- H.R. 4878, Improper Payments Reduction Act product to the Senate floor. This is a toric Site Act H.R. 1070, Great Lakes and Lake Champlain difficult, complicated issue, with an ex- H.R. 13, Museum and Library Services Act Act traordinary number of different inter- H.R. 3146, TANF Extension H.R. 3394, Cyber Security Research and De- ests to balance. H.R. 659, Hospital Mortgage Insurance Act velopment Act The Finance Committee, led by H.R. 1516, National Cemetery Expansion Act H.R. 2621, Product Packaging Protection Act Chairman GRASSLEY and Senator BAU- H.R. 3365, Military Family Tax Relief Act H.R. 3908, North American Wetlands Con- CUS, has also done a fine job of ensur- S. 313, Animal Drug User Fee Act servation Reauthorization Act ing that there is symmetry in how we S. 1768, National Flood Insurance Program H.R. 3833, Dot Kids Implementation and Effi- Reauthorization Act ciency Act deal with highways and transit. H.R. 1828, Syria Accountability and Lebanese H.R. 5469, Small Webcaster Settlement Act Senator FRIST and I met on Monday Sovereignty Restoration Act S. 2237, Veterans Benefits to discuss the bill and we had a very S. 459, Hometown Heroes Survivors Benefits S. 2017, Native American Settlements and In- productive conversation. In essence, we Act dian Financing Act Amendments both agreed that now the Senate has H.R. 2297, Veterans Benefits Act H.R. 3609, Pipeline Safety Improvement Act begun debate on the transportation S. 877, CAN–SPAM Act H.R. 4664, National Science Foundation Au- bill, we need to ensure it goes forward H.R. 100, Servicemembers Civil Relief Act thorization Act H.R. 1006, Captive Wildlife Safety Act in a cooperative, bipartisan fashion. Mr. DASCHLE. Mr. President, we That is how the Environment and Pub- H.R. 1012, Carter G. Woodson Home National have three options. First, whether it is Historic Site Act lic Works Committee has approached S. 686, Poison Control Center Enhancement the pension bill or any bill, we can go this bill, and we have a fine work prod- and Awareness Act Amendments to conference and do what the institu- uct because of that bipartisan, coopera- S. 1680, Defense Production Act Reauthoriza- tion requires, and that is have Mem- tive approach. That is how the Finance tion bers of the Senate and House, Repub- Committee has approached this bill, 107th Congress (51 bills) licans and Democrats, present at con- and we have a fine work product be- H.R. 428, Taiwan—World Health Organization ferences and resolve our differences in cause of the bipartisan, cooperative ap- the traditional manner. H.R. 1696, World War II Memorial proach there as well. Second, we can certainly pass the bill H.R. 801, Veterans’ Opportunities Act (insur- That is how the Banking Committee over to the House, send it over to the ance coverage) has approached the bill as it relates to H.R. 2133, 50th Anniversary Commemora- House at any time. We can do that on tion—Brown v. Board of Education the pension bill this afternoon. transit issues, and this morning the H.R. 2510, Defense Production Act Extension The third thing we can do is what I Banking Committee reported, by a H.R. 768, Need-Based Educational Aid Act have just suggested has been done suc- voice vote, a fine work product because H.R. 10, Railroad Retirement and Survivor’s cessfully on 19 occasions so far in the of the work Chairman SHELBY and Sen- Improvement Act 108th Congress and 51 occasions in the ator SARBANES have demonstrated in H.R. 2540, Veterans Benefits Act their cooperative approach. H.R. 2716, Homeless Veterans Assistance Act 107th Congress; that is, to preconference and ultimately then to That is why I find it so troubling S. 494, Zimbabwe Democracy and Economic that the administration appears to be Recovery Act confirm our agreements in a formal S. 1196, Small Business Investment Company conference once the negotiations have lagging behind—why they seem to be Amendments Act been completed. putting up roadblocks to the highway H.R. 1291, Veterans Education and Benefits We stand ready, once again, to do bill instead of paving the way for im- Expansion Act whatever it takes to pass the pension proved infrastructure and more jobs. H.R. 2199, D.C. Police Coordination Amend- bill and ultimately put it on the Presi- As I said, the Finance Committee re- ment Act dent’s desk. There is an urgency to this ported a bill on Monday. Then Tues- H.R. 2657, D.C. Family Court Act legislation. We will not, on any legisla- day, yesterday, Transportation Sec- H.R. 2336, Redact Financial Disclosure—Ju- tion this year, tolerate the unaccept- retary Mineta and Treasury Secretary dicial Employees and Officers H.R. 2884, Victims of Terrorism Relief Act able experience we had on several occa- Snow sent a letter about those very H.R. 700, Asian Elephant Conservation Reau- sions in the first session of this Con- same financing provisions. thorization Act gress. First of all, it would have been help- H.R. 3090, Temporary Extended Unemploy- Mr. President, I wish to take a mo- ful to have had such a letter before the ment Compensation Act ment to talk further about the trans- Finance Committee met, not a day

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.005 S04PT1 S552 CONGRESSIONAL RECORD — SENATE February 4, 2004 after. Second, based on the letter, possible to get this long overdue bill The third one is where there is some many have claimed the Finance Com- done, we will make progress not only debate. I trust the Senate Finance mittee does not meet the administra- for our Nation’s infrastructure, but for Committee. I talked to both sides, tion’s test with regard to the financing our Nation as a whole. Democrats and Republicans, and they provision and have suggested the Presi- This legislation will impact people came up with something I think meets dent may even veto the bill. all across our country every day. It the criteria. I am satisfied it does. Now some of my colleagues disagree. will provide jobs. It will make us more Mr. REID. Mr. President, the other They say the Finance Committee bill competitive in the world. Let’s get on thing I wanted to say is, there has been does meet the administration’s test, with passing the bill, and let’s do it as a statement made, and at least two and I hope they are correct. But at this thoroughly, as completely, but as statements made on this floor, about point, we simply don’t know the ad- much in keeping with the bipartisan the ‘‘pork’’ in this bill. First of all, ministration’s position on the bill we spirit already established in three com- pork is not a bad term with me. I think are now considering on the floor. mittees, as has been demonstrated thus the things we do for our States, wheth- It is important that the administra- far. er a new bridge or repairing a road, has tion make its position clear. This bill I yield the floor. nothing to do with anything that con- deserves their unequivocal support. The PRESIDING OFFICER. The Sen- notes being bad when it needs to be Chairman GRASSLEY and Senator BAU- ator from Oklahoma is recognized. done in the State. If they are referring Mr. INHOFE. Mr. President, I yield CUS and the other committee members to that, there is no pork in a negative to the Senator from Nevada. put together an excellent and balanced Mr. REID. I thank the Senator. sense in this bill. package and showed courage in taking Mr. President, first of all, I appre- The vast majority of money in this on corporate tax loopholes. Most im- ciate the statement of the Democratic bill comes from the highway trust portantly, this bill makes real invest- leader. We have worked hard on this fund. People, when they buy gas for ments in our future in a fiscally re- bill. As I have said before, it is an im- their car, pay into a trust fund we use sponsible way. Every dollar in this bill perfect piece of legislation, but we every 5 or 6 years to fund highway is paid for with a crackdown on cor- have done the best we can and we have projects around the country. That is porate tax shelters, which has been a been as fair to everybody as we could. what we are doing today. People who bipartisan priority in the Senate for We will certainly be responsive to re- talk about this bloated bill with too years. quests people have that will improve much money—this bill is paid for. The package is a rare accomplish- the bill. There are no new taxes, and the vast ment—a bipartisan, fiscally responsible I hope people who want to offer majority of the moneys coming out of one that invests in our future and cre- amendments will do so. We are going to the highway trust fund is to fund the ates jobs today. It is a win for high- have a mad rush next week. We are most important projects around the ways, a win for transit, a win for fiscal going to either finish this bill next country. responsibility, and a win for honest week or go off the bill next week. It I hope people understand this bill, as taxpayers. The only losers are tax would be a terrible disservice to the the Democratic leader said, is not a bill cheaters. country if we don’t finish the bill next for Democrats or Republicans; it is a It is inexplicable to me why there is week. I hope people, even though it is bipartisan bill that has the foundation even discussion about the administra- inconvenient and they are not in their of the programs of President Dwight D. tion threatening to veto this bipartisan offices, would do what they can to offer Eisenhower. He, with a Democratic package. Opposing the financing provi- amendments if they want to change Congress, passed this legislation. We sions would raise troubling questions the bill. have to work together to pass this bill. about the administration’s priorities. Also, I direct this to Senator INHOFE. This is important legislation. Would they rather protect corporate It is my understanding the statements I repeat to everyone within the sound tax cheaters than repair our roads and from the administration yesterday re- of my voice, the majority leader said bridges and provide jobs? garding highways did not deal with our we are going to finish this bill a week Would they rather help wealthy peo- bill but, rather, what is contemplated from Friday. Finishing doesn’t mean ple renounce their citizenship and in the House. I believe everyone should we complete this bill. I hope we do avoid paying their fair share of taxes understand that the administration that. It would be a disservice to the than cut down on the traffic and con- has signed off on the bill reported out people of this country if we did not fin- gestion that puts a drag on our econ- of the committee. They support what ish this bill. omy and inconveniences our citizens? they have done in financing this bill. We are here waiting to do business. If Would they rather protect corpora- The tax provisions that make up about anyone doesn’t like the bill, let them tions that engage in shady manipula- $30 billion of the $255 billion have been come and try to change it. If they tions than create a modern transpor- supported by the administration. My change it, more power to them. But tation system for America’s future? personal feeling—and I have said this waiting around is not going to help I hope those who say yesterday’s ad- before—is I wish we had more money. whatever concerns people have with ministration letter is a veto threat are We are not going to get more. The this legislation. wrong. The Finance Committee has President said if there is a bigger bill Mr. BOND. Will my friend from Ne- done an exceptional job of providing than what we have, he is going to veto vada yield for a question? for the needs of our economy, while it. The reason I asked the chairman to Mr. REID. I will be happy to yield to cracking down on tax cheats. yield is to say it is my understanding my friend from Missouri. With a $521 billion deficit this year, the President supports our legislation. Mr. BOND. Mr. President, I appre- we cannot afford to let corporate tax Mr. INHOFE. Yes. I have a letter I ciate very much my distinguished co- cheaters continue to pass along their read yesterday. It is dated February 2, partner on the Transportation Sub- bills to the rest of us. We have an op- 2004. I have not heard anything either committee talking about the need to portunity to bring new life to our econ- way about whether or not they are sup- get this bill through quickly. He was omy, and old-fashioned accountability porting this legislation. But they out- discussing the difference between the to our Tax Code. I urge the President lined a set of principles yesterday to bill we have now and the original bill. to make their position clear on this which our bill complies. I think the mi- I was wondering if it is correct that bill soon. nority leader covered the three criteria the original highway bill really didn’t If we do what the Environment and that were used that would keep them have any formulas; it was what one Public Works Committee has done, if from opposing the bill, and I believe would have to call pork because it had we do what the Finance Committee has they have been met. We talked about it various projects in it. It was an effort done, if we do what the Banking Com- yesterday. One is to not increase gas by the Congress to outline where mittee has done, if we do what Leader taxes. Second, it would not have any money is needed. Is that not basically FRIST and I have agreed to do and go kind of bonding arrangement. Third, the form of the original highway bill? forward in a bipartisan, cooperative that it would not get in the general Mr. REID. Yes. I outlined, as the Sen- fashion, if we go forward as soon as fund. ator knows, when we took this matter

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.007 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S553 up Monday, the history of the last 20 The directors of the transportation they couldn’t afford, who are upset be- years with these highway bills. This departments in every State like the cause maybe they are going to have to bill is so much more fair to all 50 program we have. We are not, as I said drop back to a Lexus or something States than the bill in 1982, and the before, sending a new set of blueprints such as that. three subsequent bills. Some States to all the Governors saying: Try to fig- The point is, we have tried to be fair. prior to 1982 didn’t even get 80 cents of ure this out. They already figured this You can’t have the program going on every dollar they paid into the trust out, and we are trying the best we can the way it was in the past and still rec- fund. This bill took a gigantic step, and to fund these programs. ognize basic fairness. I repeat, what now every State gets a minimum of 95 Mr. BOND. I thank the Senator. happened in decades past was we would cents on every dollar they pay into the Mr. INHOFE. Mr. President, if the find out where the votes were and just fund. This is a very fair program. It is Senator will yield, let me make an ob- jam the bill through: If Missouri was imperfect, as I said before, but we are servation. We talked about this bill for getting 77 percent, there are only two doing much better. several hours. Almost everyone who Senators from Missouri, we don’t need Mr. BOND. Mr. President, if the Sen- came down was objecting to what their their votes. We haven’t done that this ator from Nevada will yield for another State would get from this formula. time. question, isn’t it true that the scope of When you compare this, starting with I think the American public will see this bill, the size of it, reflects pro- the same basic structure of a formula this legislation is fair and reasonable. I grams that Congresses in previous as we did in TEA–21—and remember, in am dumbfounded by some of the people years decided are good for the national TEA–21, we had the minimum guar- who have come to this floor and com- transportation policy? In other words, antee. plained about what they have gotten in we are not creating a new formula; we Mr. REID. Mr. President, 90.5 per- the bill because they have really done have taken the formula, the apportion- cent. extremely well. ment that existed. Is it not true that Mr. INHOFE. What that did was take I yield the floor, Mr. President. we have attempted to construct this arbitrary political percentages and The PRESIDING OFFICER (Mr. bill so that, working with the formula, apply them in order to get votes. We HAGEL). The Senator from Oklahoma. every State gets up to 95 cents? have done far more. This takes into Mr. INHOFE. Mr. President, yester- My State of Missouri was one of consideration the streamlining provi- day we started through this bill. It is a those States, when I got here in 1987, sions about which we haven’t even rather lengthy bill. It covers a lot of that was only getting back 77 cents. talked. We spent months on this in the provisions that haven’t even been dis- Every State will get up to 95 cents on committee, as our committee members cussed, and I think a lot of Members the dollar. Every State, at a minimum, know. are not really aware of some parts of will get a 10-percent increase. Some Safety and freight areas have not States that would be getting much this bill. really been addressed before. This is As the chairman of the committee, I more money will only get a 40-percent something of which we can be proud. I thought it an obligation to go through or 40-plus-percent increase, which some have to say, when we put together the this section by section, and I did go may object to and say is not enough. But in this day and age, with a tight charts of all 50 States, there isn’t one through sections 1104 through 1204, budget, it seems to me a 40-percent in- State that is not treated fairly, doesn’t where we talked about how this was crease is not bad to take home from a have an increase and doesn’t have some put together, how the formulas were compromise bill. Is that a fair assess- kind of logic balancing the donee- put together. I also spent about an ment? donor, balancing the fast-growing hour talking about the environmental Mr. REID. Mr. President, I respond to States and the low-population States. improvements that are made in this my friend, he is exactly right. This bill All these points are considered, and I bill. is not some new invention. We have think it is a very good bill. I agree with I confess there are many things in worked over the last several years to all on the committee. this bill that I would rather have done develop different programs. One is Mr. REID. Mr. President, if I may rein a different way, and I am sure Sen- interstate maintenance, which is self- spond to my friend, I don’t carry with ator REID and Senator JEFFORDS would explanatory. We have an interstate me a card that includes what happens say the same thing. In fact, they have system that has been completed, and to the States that are all Republican, said the same thing. Since we will have we want to make sure that system is in but I am carrying with me during con- to get through this today at some a good state of repair. It is a never-end- sideration of this bill a card that lists point, I would like to go ahead and ing job to keep it up the best we can. A every State that has a Democratic Sen- start with section 1205 and finish what large amount of this $255 billion goes ator representing it and what they get. we started yesterday. I hope any Mem- to interstate maintenance. We also It is right here. It is hard to find any- bers who are interested in making com- have something called the National thing that is wrong with it. ments or offering amendments will Highway System. We have to make I recognize there are some States come and do so, because I will be doing sure there is funding in the bill to take that for many years have been get- this in order to get through the bill. care of that program. It is what we ting—I want to say this in a way that Section 1205 is one in which I was have done in the past. I will still be a gentleman—far more particularly interested. Senator REID We also have other programs, such as than what they are entitled to under yesterday talked about Daniel Patrick the Bridge Maintenance Program, the formula. When you go to the gas Moynihan and the contributions he which is so important. One Senator pump and you fill your tank, so much made over the years. I felt compelled came to the floor and said that 29 per- money goes into the fund. There are to stand up and remind him that Dan- cent of the bridges are in a state of dis- some States getting far more than they iel Patrick Moynihan was a Tulsa boy. repair. We know that. That is why we are putting in. There are a few States He was from Tulsa, OK, and was one of are working in this bill to try to keep still getting more than they are put- my very favorite people. up with this never-ending system. ting in. We are balancing this out. As I think it is very appropriate that Also in this bill, rather than just the Senator from Oklahoma said, when section 1205 is the designation of the building roads and pouring more as- we did this in the past—this is my Daniel Patrick Moynihan Interstate phalt—and this is something we focus fourth highway bill—we put the num- Highway as a part of the bill. Inter- too much attention on, but certainly bers together, found out where the state Highway 86 in the State of New everyone in the country is concerned votes were, and jammed it through. We York is specifically designated as the about the environment and the air we have not done that this time. Daniel Patrick Moynihan Interstate breathe—we have a program dealing This is a fair bill. You could take this Highway in memory of our late col- with congestion mitigation and air to a high school civics class and ex- league. quality. This is basically the brainchild plain what we have done and they There are several others who have of Senator Moynihan and Senator would say this is fair. We have been as said good things about him. In fact, in CHAFEE. Those are programs in this bill fair as possible. There are some people, the years I have been in the Senate, that we have found work well. who were driving around in a Lincoln Senator Moynihan is the only Senator

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.010 S04PT1 S554 CONGRESSIONAL RECORD — SENATE February 4, 2004 about whom I have never heard one to provide Federal credit assistance to one will be coming along in a short negative thing. major transportation investments. The while. Section 1301 is the Federal share sec- TIFIA program has proven to be an in- The PRESIDING OFFICER. The Sen- tion. It continues the statutory provi- novative and successful addition to the ator from Nevada. sions that lay out what the Federal conventional grant and reimbursement Mr. REID. I think probably the best share for the highway project will be highway program. thing to do is to have the Senator lay for different States based on the After watching the TIFIA program down the amendment. It is my under- amount of Federal land within their succeed as a funding device for a few standing from the majority and minor- State. The Federal share provisions of large projects during TEA–21 and after ity that there are a couple of Senators current law use a sliding scale. This receiving input from stakeholders and with whom we have to clear it, and we scale permits States with large por- recommendations from the administra- should be able to do that shortly. tions of Federal land to match Federal tion, the committee bill has made a Mr. INHOFE. I have no objection to funds with fewer State dollars. That is few changes to the TIFIA program to that. I think it is a good idea, and we only reasonable because they are not expand its scope and increase its will so inform Senator BOND. collecting taxes off of these lands and usability. Mr. INHOFE. I suggest the absence of they should not have to pay the same The amount of the Federal credit as- a quorum. match. sistance cannot exceed 33 percent of a The PRESIDING OFFICER. The Due to the decreased taxing ability of total project cost. TIFIA offers three clerk will call the roll. The legislative clerk proceeded to the States with a higher percentage of different types of financial assistance call the roll. Federal lands, these States are given to the large projects: One, direct loans; Mr. BOND. Mr. President, I ask unan- access to a higher Federal contribution two, loan guarantees; and, three, imous consent that the order for the for highway projects within their standby lines of credit. The bill also quorum call be rescinded. State. The bill before us today modifies lowers the threshold cost for eligible The PRESIDING OFFICER. Without this provision slightly to simplify the projects from the TEA–21 level of $100 objection, it is so ordered. The Senator calculation used to determine the Fed- million down to $50 million to make it from Missouri. eral share rates that apply to each in- available to more people and more AMENDMENT NO. 2265 dividual State. projects, making TIFIA accessible to a Mr. BOND. Mr. President, I am very I might add that in this bill there are greater number of large highway pleased to announce there is an amend- certain things my colleagues will see projects. ment at the desk. I ask for its imme- consistently throughout. One is sim- Projects are also eligible for TIFIA diate consideration. plification. One is to put it in language assistance when costs are anticipated The PRESIDING OFFICER. The that we can all understand, that the to equal or exceed 20 percent of Federal clerk will report. public can understand, that our people highway funds apportioned to that par- The legislative clerk read as follows: back home can understand, and so that ticular State. With the increased em- The Senator from Missouri [Mr. BOND] for the departments of transportation in phasis this bill places on freight mobil- himself, Mr. INHOFE, Mr. JEFFORDS, and Mr. the various States will have a clear un- ity, the definition of eligible freight-re- REID, proposes an amendment numbered 2265. derstanding as well, and they will take lated projects is expanded. Mr. BOND. I ask unanimous consent all of these complicated interpreta- Mr. BOND. Mr. President, I ask my that the reading of the amendment be tions. colleague to yield about a matter. dispensed with. Another thing my colleagues will Mr. INHOFE. Yes. The PRESIDING OFFICER. Without find all the way through is a stream- Mr. BOND. We have a number of objection, it is so ordered. lining effort to try to get more roads technical amendments. There is a ques- The amendment is printed in today’s for the dollar. I think we have success- tion about whether we want to move to RECORD under ‘‘Text of Amendments.’’ fully done that, reaching a lot of com- that. We are preparing a technical Mr. BOND. Mr. President, I offer this promises. So this is what my col- amendment. I have discussed this with amendment on behalf of Senators leagues will see as we go through the both sides. Basically, this is a tech- INHOFE, JEFFORDS, and REID. This is bill section by section. nical amendment that accomplishes a one small step for mankind toward a Section 1302 is the transfer of high- number of things. In essence, it highway bill. way and transit funds. There is a tech- achieves the original goal of an amend- There had been some concern about nical fix that was requested by the ment offered by Senator WARNER, offering amendments. This is a tech- Federal Highway Administration that which was to increase the metropolitan nical amendment. This changes a num- clarifies that title 23 funds, that is the planning share or takedown from 1 per- ber of items that, when crafting the highway dollars, can be transferred to cent to 1.5 percent. We are getting a bill, were erroneous. Normally we the transit administration from State technical amendment copied, and as would adopt these technical amend- to State or from State to another Fed- soon as we get the copies, if there is no ments without objection. But there eral agency as long as the project to be objection from the managers, I thought may be some discussion on it. I wish to funded is eligible under title 23. I think we would do that. explain the one perhaps significant that is a very reasonable approach. Mr. INHOFE. I think the Senator was change in this technical amendment so An example of when this authority out of the Chamber when I said I even- everybody knows what we are doing. could be used is a State that has a con- tually wanted to get through this sec- In the previous bill, TEA–21, the met- gestion problem at or near a border tion by section, but I can do this at any ropolitan planning organizations re- crossing. They may determine that the time. As soon as the Senator has any- ceived 1 percent from the Surface problem is caused in part by inad- thing ready, certainly I am interested Transportation Program to do the equate parking facilities for the Cus- in taking that up. work that these agencies are required toms Service to conduct truck inspec- Mr. BOND. Mr. President, might we to do in approving transportation tions. To solve their larger congestion inquire of the managers on the Demo- plans, conforming them to air quality problem, it makes sense to provide cratic side if they are ready to take plans. This 1 percent takedown, as it is money to the Customs Service to build this up? called, amounted to about $1.7 billion parking lot facilities for truck inspec- Mr. REID. If the Senator would with- over the life of the bill. tions. This has been done administra- hold offering that for just a few min- In drafting the underlying bill, we in- tively in the past, but section 1302 pro- utes. creased spending on planning for met- vides very clear guidance so they do Mr. BOND. I will be happy to with- ropolitan planning organizations by not have to sit around and guess what hold on that. $800 million, almost a 50 percent in- in fact is going to come up. The PRESIDING OFFICER. The Sen- crease. Section 1303, the Transportation In- ator from Oklahoma. When Senator WARNER proposed frastructure Finance and Innovation Mr. INHOFE. Reclaiming my time, I making the takedown of the share for Act, which is referred to as TIFIA, was think he had stated he was not pre- the metropolitan planning organiza- established for the first time in TEA–21 pared to do that right now, but perhaps tions 1.5 percent rather than 1 percent,

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.013 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S555 it was on the assumption that the total This large increase is a result of a com- I do want to make a couple of quick of the previous amount plus what we bination of adjustments—(1) growth in the points though. First, everybody is did in committee would amount to 1.5 overall highway program; (2) an increase in doing well. There are a number of peo- percent. But as it was drafted and the percentage set aside for metropolitan planning from 1 percent to 1.5 percent; and ple who have been in very close contact printed in the committee report, it (3) a broadening of the program base subject to the poisonous substance which was wound up adding what we had pre- to the metropolitan planning set aside. The identified in my office. They are all viously put in the equity bonus on top combination of the adjustment produces an doing well. The emergency responders of the 1.5 percent. increase of at least $2.2 billion additional for are all doing well. That is my primary I believe this amendment restores metropolitan planning and that much less focus; that is, the safety and well-being the MPO portion to that originally pro- available for improving, constructing, main- of our extended Senate family here. We posed and adopted, i.e., a 1.5 percent taining and operating a safe and efficient are continuing to monitor the health of share, which is what we have all agreed highway system. Some increase in metropolitan planning all people who were potentially ex- is needed for metropolitan planning or- funds is justified. The number of MPOs in- posed and we have identified and spo- ganizations. creased from 340 to 378—an 11 percent in- ken with each of those. They have had We have a letter that I will submit, crease, and more metropolitan areas will be the appropriate counseling. Everybody signed by the executive director of the designated as non-attainment for the new is doing well. American Association of State High- ozone and fine particulate matter standards. As the world knows by now, the im- way and Transportation Officials, the An increase more comparable to the growth pact of inhaled ricin, to the best of our president and chief executive officer of in MPOs is understandable, but tripling the set aside for metropolitan planning funds is knowledge, is over a very short period the American Highway Users Alliance, of time and we are well beyond that the chief executive officer of Associ- excessive when our highway needs are so great. window, now 48 hours after the time of ated General Contractors of America, We, therefore, urge you to reconsider the exposure. I do commend and applaud the executive director of American manner in which the MPO set aside is cal- my staff because they were astute in Road and Transportation Builders As- culated. noting the powder and responded ap- sociation, and the executive director of Sincerely yours, propriately and quickly, and that could the National Conference of State Leg- JOHN HORSLEY, have, and in fact I am sure did, avert a Executive Director, islatures. serious and potentially life-threatening The letter says, in substance—and I American Associa- tion of State High- matter for others. will submit the full letter—that we The incident, as I mentioned, is 48 write on behalf of the organizations to way and Transpor- tation Officials. hours old. We were able to move ag- express concerns over the size of the DIANE STEED, gressively and rapidly to isolate that total, the 1.5 percent-plus, the addi- President and Chief affected area in my mailroom. The tional equity bonus. Their point is that Executive Officer, monitoring of health effects has gone the large increase results from a com- The American High- very smoothly. I appreciate the Capitol way Users Alliance. bination of adjustments, growth in the Physician’s Office, as I mentioned this overall highway program, an increase STEPHEN SANDHERR, Chief Executive Offi- morning and last night, being with all in the percentage set-aside, and broad- people exposed and have counseled peo- ening of the program base subject to cer, Associated Gen- eral Contractors of ple since that point in time. the metropolitan planning set-aside. America. We were able to implement plans They believed that adding an addi- PETER RUANE, which had been carefully laid out and tional $2.2 billion for planning would Executive Director, coordinated among many different make that much less available for im- American Road and groups, agencies here on the Capitol proving, constructing, maintaining, Transportation Grounds, and that results in protection and operating a safe and efficient high- Builders Associa- tion. of Members and protection of staff and way system. the reaction in a very sophisticated They come out strongly in support— WILLIAM T. POUND, way to this discovery. as we all are—of increasing the metro- Executive Director, After consultation with appropriate politan planning funds. The number of National Conference of State Legisla- officials and reflecting upon the excel- MPOs has increased 340 to 378, and tures. lent coordination with the Sergeant at many more are looking at the prospect Mr. BOND. Mr. President, I see the Arms and the Capitol Hill police, I of being designated as nonattainment majority leader is in the Chamber. We have made a decision this morning, in for the new ozone and fine particulate will not act on this amendment at this consultation with the Democratic lead- standards. They recommend an in- time. If somebody wishes to object to it er and others, that we can accelerate crease more comparable to the growth after the majority leader speaks, we our efforts to open our Senate office in MPOs, but they do not think tri- would ask that they come to the floor buildings. It is still not going to be as pling it is wise. So they have asked us and make an objection. Otherwise, I quickly as most people would like, but to reconsider. propose that at 3 o’clock we ask that we can accelerate the initial proposal The purpose of this technical amend- the amendment be adopted or, if we and plans. This proposal is consistent ment, among other things, is to bring need a recorded vote, we will be happy with safely removing mail and con- it back to the 1.5 percent increase, to do that. One way or another, I hope tinuing to review data, which literally upon which we have previously agreed. I ask unanimous consent that the we can have action on this by 3 o’clock. comes back every 30 minutes to an With that, I yield the floor. hour, as teams move through the com- letter be printed in the RECORD. The PRESIDING OFFICER. The dis- There being no objection, the mate- plex, the very large complex of the tinguished Senate majority leader. rial was ordered to be printed in the Senate office buildings, but also a re- REOPENING SENATE OFFICE BUILDINGS RECORD, as follows: sponse on the House side and in the Mr. FRIST. Mr. President, for several Capitol itself. JANUARY 28, 2004. minutes I want to give our colleagues Thus, barring any unforeseen discov- Hon. CHRISTOPHER BOND, U.S. Senate, Russell Senate Office Building, an update and make several announce- eries—and I put that provision in there Washington, DC. ments which will have a direct impact because you don’t know an hour later DEAR SENATOR BOND: We are writing on be- on their schedules for the next several that something may be discovered. But half of the national organizations listed days. I begin by thanking my col- barring any unforeseen discoveries, the below to share our concerns about the size of leagues for their patience as we work time schedule for opening the buildings the increase in metropolitan transportation through these uncertain times. I assure will be the following: planning funds agreed to by the Senate Envi- them, we are progressing as rapidly as The Russell Senate Office Building, ronment and Public Works Committee—from $1.121 billion over six years in TEA 21 to at we can, as rapidly as is humanly pos- tomorrow, Thursday, at noon, Feb- least $3.3 billion and possibly as much as $3.9 sible. We are on course to be back in ruary 5. We will be able to open that of- billion if the set aside of planning funds is complete functioning operation here. fice building at 12 noon. Again, Thurs- applied to the new equity bonus program. That plan I will lay out shortly. day noon, February 5, Russell Senate

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.015 S04PT1 S556 CONGRESSIONAL RECORD — SENATE February 4, 2004 office building. Friday at 9 a.m., Feb- I share, as well, his expressions of However, what is happening in this ruary 6, we will reopen the Hart Senate gratitude for all of those who have bill, unfortunately, is that we are, office building. The Dirksen Senate of- been involved in this effort to date, through a series of accounting mecha- fice building, which is the crime scene having recalled very vividly the night- nisms which are, in my opinion, illu- itself, will open on Monday at 7 a.m., mares of 2 years ago. It is fair to say sory in some ways and inappropriate in February 9. we have come a long way in our ability other ways, basically raiding the gen- A lot of people thought it would be to deal effectively with matters such as eral fund for the purposes of funding days and days to reopen. Initially we these. While this one is different, it is highway construction activity and at did not know how long. People pointed also indicative of the progress we have the same time we are dramatically ex- out with the anthrax, the buildings made in allowing the institution to re- panding the spending levels above what were closed for weeks and weeks. We spond more quickly and successfully the levels are that are part of the budg- made a decision to accelerate this and, hopefully, that will be in evidence et process for the highway fund. That schedule based on increased manpower as we continue our work. is inappropriate. It is inappropriate that has been offered by various agen- Again, I thank the majority leader that we should be going outside the cies, our continued understanding for his report. I know this will be good highway fund for the purposes of fund- about the exposure to ricin, the under- news for all Members. ing highways and that we should be ex- standing and information that has I yield the floor. ceeding the budget levels for the pur- placed this in one room at this junc- Mr. FRIST. Mr. President, I appre- poses of funding highways. Rather, we ture based on the findings to date, and ciate the Democratic leader’s com- should have the fiscal discipline to rec- that in all of the monitoring equip- ments and will turn the floor back to ognize when you are in a difficult fiscal ment, the HEPA filters throughout the the managers. We will have continued situation, as we are as a country, when area that have been examined, and we announcements. One of the real efforts you are running deficits, which we are, continue to examine them throughout we have tried to fulfill and missions we unfortunately, as a country, you must, the complex, of all the monitoring and put forward is to stay in touch and in all accounts, including those which filtering equipment employed, the fil- communicate as best we can. We will you are strongly committed to, have ters have all been demonstrated to be continue to do that. There will be a fiscal discipline. That involves staying clean and therefore there has not been press conference by the Capitol police within the budget and that involves aerosolization of this agent. with an update later this afternoon and being sure that in something where I do also want to tell Members they they will sit down and announce more you are using a trust fund, you have can have access to their offices—they, about that to give a technical update the funds in place in that trust fund be- themselves—after assessing the risk, in terms of the progress that has been fore you spend it. and our counseling will be directly to made. That is why I am concerned about them. If they want to go to their office I yield the floor. this bill. It is my opinion if we allow and remove essential papers or docu- The PRESIDING OFFICER (Mr. this bill to go forward in its present ments—not mail; mail should not be CORNYN). The Senator from New Hamp- form we will be significantly aggra- touched—they can do that. We do ask shire. vating the deficit, we will be dramati- that they talk to the Secretary of the Mr. GREGG. Mr. President, I rise cally adding to the deficit, and we will Senate’s office where the control room again as we proceed on the bill to be creating a precedent of using the is—they have that telephone number— present my concerns about where we general fund for the purposes of fund- if they plan on going into their office are in the process relative to the high- ing the highway accounts. That is bad building to access important informa- way bill and relative to the manage- policy. The underlying policy and hav- tion to allow them to carry out the es- ment of the Federal budget. ing a strong transportation program sential functions of their office. The bill before the Senate with the can still be accomplished, but we We will continue to work with all the proposed amendment which I believe should do it within the context of stay- Members to ensure a smooth and safe has been offered, the substitute, cre- ing within the budget and staying reopening of the Senate complex con- ates a significant increase in funding within the highway bill. I have spoken sistent with this schedule. and spending in the area of highways. on this before. This is not one item Again, Thursday noon, February 5, Many Members support transportation that stands alone on this issue. I sup- the Russell Senate office building will improvements. I have always supported pose if we were running a surplus, or a open. Friday, 9 a.m., February 6, the having a strong transportation pro- deficit which was not so large or was Hart Senate office building will reopen. gram because it is critical to our infra- not growing, I would probably tolerate Monday, 7 a.m., February 9, the Dirk- structure. But in doing that, we have this type of spending. This is, rather, sen Senate office building will reopen. to do it within the context of managing an additional straw on the camel’s Let me close and simply again thank the budget correctly. We cannot simply back, and specifically our children. Our the Capitol police, Chief Gainer, who put money into programs because we children have to pay the debt which we has done a tremendous job, the EPA, like them without doing it in the con- run up in the Government. It is passed the United States Marines, the FBI, text of what the budget limitations are on to the next generation. If we are the Department of Homeland Security, and what the various income is in the going to be fair to our children and our the Attending Physician’s office, the trust fund that would pay for these ac- children’s children so they can have CDC, the Sergeant at Arms, the Sec- tivities. the quality of life we have, then we retary of the Senate, and so many oth- The highway bill has always been a have to give them a government and a ers involved in response to this inci- trust fund—not always—a trust fund- fiscal house that is in order. dent. generated event, where the gas tax and Unfortunately, within the last 2 The PRESIDING OFFICER. The other taxes that are highway related years we have not necessarily followed Democratic leader. and transportation related are col- that course of action as a Congress. We Mr. DASCHLE. Mr. President, I lected and spent for the purposes of have passed a series of bills which have thank the majority leader for his rebuilding infrastructure. That is the dramatically aggravated the situation port and for the announcement regard- way it should be. That is the way most relative to the budget, deficit spending, ing the opening of offices. He also States do it, too, by the way. I don’t and long-term structural deficits— ought to be commended for his work think any States use general fund reve- mostly on the entitlement side, and and leadership in expediting the open- nues for the purposes of managing mostly in the area of programmatic ac- ing of the offices themselves. This has their highways, although I am not tivity that has to be spent, or pro- been a difficult matter because his of- aware of that. As Governor of New grammatic activity that is locked in fice has been directly affected, but this Hampshire, when I had the honor and place on a flight path of expenditure. It is a very good piece of news that we privilege to serve in that position, this occurs in the Medicare accounts and it should be back and up and running was a very big issue that we not use occurs in the agricultural accounts. with all cylinders by the early part of the general funds for the purposes of There is an attempt to do it in the en- next week. managing our highways. ergy accounts. It could potentially

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.018 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S557 occur in this account, if it passes in its At the appropriate place in the amendment in effect on the date of enactment of this present form. insert the following: Act. If no such State law is in effect, the That is why I have such reservations SECTION 1. SHORT TITLE. term means an individual employed by a about this bill. I especially have res- This Act may be cited as the ‘‘Public Safe- public safety employer in a position that requires or authorizes the individual to formu- ervations about the substance of it. I ty Employer-Employee Cooperation Act of 2003’’. late, determine, or influence the policies of am not absolutely sure how it is struc- the employer. tured because I haven’t had time to SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is (8) PUBLIC SAFETY OFFICER.—The term look at it yet. But it appears to me the policy of the United States: ‘‘public safety officer’’— (A) means an employee of a public safety that in its present form it does take (1) Labor-management relationships and agency who is a law enforcement officer, a money out of the general fund and partnerships are based on trust, mutual re- firefighter, or an emergency medical services move it into the highway fund through spect, open communication, bilateral con- personnel; sensual problem solving, and shared account- a variety of mechanisms which at best (B) includes an individual who is tempo- ability. Labor-management cooperation would be called playing fast and loose rarily transferred to a supervisory or man- fully utilizes the strengths of both parties to with the budget rules of this Congress. agement position; and It is probably, therefore, subject to a best serve the interests of the public, oper- (C) does not include a permanent super- ating as a team, to carry out the public safe- visory or management employee. budget point of order and is, therefore, ty mission in a quality work environment. In inappropriate. (9) SUBSTANTIALLY PROVIDES.—The term many public safety agencies it is the union ‘‘substantially provides’’ means compliance In addition, if we are going to take that provides the institutional stability as up this bill, it is our first opportunity with the essential requirements of this Act, elected leaders and appointees come and go. specifically, the right to form and join a to have a bill which could address a va- (2) The Federal Government needs to en- labor organization, the right to bargain over riety of other issues we have concerns courage conciliation, mediation, and vol- wages, hours, and conditions of employment, about as a government. untary arbitration to aid and encourage em- the right to sign an enforceable contract, There is a bill that was passed out of ployers and their employees to reach and and availability of some form of mechanism my committee which I had the good maintain agreements concerning rates of to break an impasse, such as arbitration, me- pay, hours, and working conditions, and to fortune to chair, the Health, Edu- diation, or fact finding. make all reasonable efforts through negotia- (10) SUPERVISORY EMPLOYEE.—The term cation, Labor and Pension Committee, tions to settle their differences by mutual which deals with the rights of public ‘‘supervisory employee’’ has the meaning agreement reached through collective bar- given such term under applicable State law safety officers, specifically firemen and gaining or by such methods as may be pro- in effect on the date of enactment of this police officers, who work in one of the vided for in any applicable agreement for the Act. If no such State law is in effect, the most dangerous jobs in our country. It settlement of disputes. term means an individual, employed by a deals with fair treatment of them in (3) The absence of adequate cooperation be- public safety employer, who— the area of how they protect their tween public safety employers and employ- (A) has the authority in the interest of the ees has implications for the security of em- employer to hire, direct, assign, promote, re- rights in employment. It is a bill which ployees and can affect interstate and intra- has passed my committee a couple of ward, transfer, furlough, lay off, recall, sus- state commerce. The lack of such labor-man- pend, discipline, or remove public safety offi- times. It was being brought to the floor agement cooperation can detrimentally im- cers, to adjust their grievances, or to effec- last year, and regrettably it didn’t pact the upgrading of police and fire services tively recommend such action, if the exer- come through the entire process. But it of local communities, the health and well- cise of the authority is not merely routine or does create an opportunity for fire and being of public safety officers, and the mo- clerical in nature but requires the consistent police personnel, and public safety per- rale of the fire and police departments. Addi- exercise of independent judgment; and sonnel—who are very important, and tionally, these factors could have significant (B) devotes a majority of time at work ex- commercial repercussions. Moreover, pro- ercising such authority. who obviously use our transportation viding minimal standards for collective bar- system rather aggressively—to protect SEC. 4. DETERMINATION OF RIGHTS AND RE- gaining negotiations in the public safety sec- SPONSIBILITIES. the transportation system when there tor can prevent industrial strife between (a) DETERMINATION.— are violations of law relative to the op- labor and management that interferes with (1) IN GENERAL.—Not later than 180 days eration on roads, or protecting it when the normal flow of commerce. after the date of enactment of this Act, the there are hazardous events on the road, SEC. 3. DEFINITIONS. Authority shall make a determination as to or when people are injured and fire res- In this Act: whether a State substantially provides for cue personnel respond, or even if there (a) AUTHORITY.—The term ‘‘Authority’’ the rights and responsibilities described in are fires involving transportation vehi- means the Federal Labor Relations Author- subsection (b). In making such determina- ity. tions, the Authority shall consider and give cles. So it is tied into this whole bill— (2) EMERGENCY MEDICAL SERVICES PER- weight, to the maximum extent practicable, the protection of police and fire per- SONNEL.—The term ‘‘emergency medical to the opinion of affected parties. sonnel and their rights to have a rea- services personnel’’ means an individual who (2) SUBSEQUENT DETERMINATIONS.— sonable workplace and a workplace provides out-of-hospital emergency medical (A) IN GENERAL.—A determination made where they feel they are getting what care, including an emergency medical tech- pursuant to paragraph (1) shall remain in ef- they need. nician, paramedic, or first responder. fect unless and until the Authority issues a It is something which I have been (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The subsequent determination, in accordance greatly involved in and committed to terms ‘‘employer’’ and ‘‘public safety agen- with the procedures set forth in subpara- cy’’ means any State, political subdivision of graph (B). for many years. a State, the District of Columbia, or any ter- (B) PROCEDURES FOR SUBSEQUENT DETER- Thus, it is my intention at this time ritory or possession of the United States MINATIONS.—Upon establishing that a mate- to send an amendment to the desk in that employs public safety officers. rial change in State law or its interpretation the nature of a second degree to the (4) FIREFIGHTER.—The term ‘‘firefighter’’ has occurred, an employer or a labor organi- amendment which is the pending sub- has the meaning given the term ‘‘employee zation may submit a written request for a stitute. engaged in fire protection activities’’ in sec- subsequent determination. If satisfied that a I send an amendment to the desk. tion 3(y) of the Fair Labor Standards Act (29 material change in State law or its interpre- U.S.C. 203(y)). tation has occurred, the Director shall issue AMENDMENT NO. 2266 TO AMENDMENT NO. 2265 (5) LABOR ORGANIZATION.—The term ‘‘labor a subsequent determination not later than 30 The PRESIDING OFFICER. The organization’’ means an organization com- days after receipt of such request. clerk will report. posed in whole or in part of employees, in (3) JUDICIAL REVIEW.—Any State, political The assistant legislative clerk read which employees participate, and which rep- subdivision of a State, or person aggrieved as follows: resents such employees before public safety by a determination of the Authority under The Senator from New Hampshire [Mr. agencies concerning grievances, conditions this section may, during the 60 day period GREGG] proposes an amendment numbered of employment and related matters. beginning on the date on which the deter- 2266 to amendment numbered 2265. (6) LAW ENFORCEMENT OFFICERS.—The term mination was made, petition any United Mr. GREGG. Mr. President, I ask ‘‘law enforcement officer’’ has the meaning States Court of Appeals in the circuit in given such term in section 1204(5) of the Om- which the person resides or transacts busi- unanimous consent that reading of the nibus Crime Control and Safe Streets Act of ness or in the District of Columbia circuit, amendment be dispensed with. 1968 (42 U.S.C. 3796b(5)). for judicial review. In any judicial review of The PRESIDING OFFICER. Without (7) MANAGEMENT EMPLOYEE.—The term a determination by the Authority, the proce- objection, it is so ordered. ‘‘management employee’’ has the meaning dures contained in subsections (c) and (d) of The amendment is as follows: given such term under applicable State law section 7123 of title 5, United States Code,

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.020 S04PT1 S558 CONGRESSIONAL RECORD — SENATE February 4, 2004 shall be followed, except that any final de- requiring the attendance and testimony of (4) to permit parties subject to the Na- termination of the Authority with respect to witnesses and the production of documen- tional Labor Relations Act (29 U.S.C. 151 et questions of fact or law shall be found to be tary or other evidence from any place in the seq.) and the regulations under such Act to conclusive unless the court determines that United States, and administering oaths, tak- negotiate provisions that would prohibit an the Authority’s decision was arbitrary and ing or ordering the taking of depositions, or- employee from engaging in part-time em- capricious. dering responses to written interrogatories, ployment or volunteer activities during off- (b) RIGHTS AND RESPONSIBILITIES.—In mak- and receiving and examining witnesses. duty hours; or ing a determination described in subsection (c) ENFORCEMENT.— (5) to prohibit a State from exempting (a), the Authority shall consider whether (1) AUTHORTIY TO PETITION COURT.—The Au- from coverage under this Act a political sub- State law provides rights and responsibilities thority may petition any United States division of the State that has a population of comparable to or greater than the following: Court of Appeals with jurisdiction over the less than 5,000 or that employs less than 25 (1) Granting public safety officers the right parties, or the United States Court of Ap- full time employees. to form and join a labor organization, which peals for the District of Columbia Circuit, to For purposes of paragraph (5), the term may exclude management and supervisory enforce any final orders under this section, ‘‘employee’’ includes each and every indi- employees, that is, or seeks to be, recognized and for appropriate temporary relief or a re- vidual employed by the political subdivision as the exclusive bargaining representative of straining order. Any petition under this sec- except any individual elected by popular such employees. tion shall be conducted in accordance with vote or appointed to serve on a board or com- (2) Requiring public safety employers to subsections (c) and (d) of section 7123 of title mission. recognize the employees’ labor organization 5, United States Code, except that any final (b) COMPLIANCE.—No State shall preempt (freely chosen by a majority of the employ- order of the Authority with respect to ques- laws or ordinances of any of its political sub- ees), to agree to bargain with the labor orga- tions of fact or law shall be found to be con- divisions if such laws provide collective bar- nization, and to commit any agreements to clusive unless the court determines that the gaining rights for public safety officers that writing in a contract or memorandum of un- Authority’s decision was arbitrary and capri- are equal to or greater than the rights pro- derstanding. cious. vided under this Act. (3) Permitting bargaining over hours, (2) PRIVATE RIGHT OF ACTION.—Unless the SEC. 9. AUTHORIZATION OF APPROPRIATIONS. wages, and terms and conditions of employ- Authority has filed a petition for enforce- There are authorized to be appropriated ment. ment as provided in paragraph (1), any party such sums as may be necessary to carry out (4) Requiring an interest impasse resolu- has the right to file suit in a State court of the provisions of this Act. competent jurisdiction to enforce compli- tion mechanism, such as fact-finding, medi- Mr. GREGG. Mr. President, I yield ation, arbitration or comparable procedures. ance with the regulations issued by the Au- (5) Requiring enforcement through State thority pursuant to subsection (b), and to en- the floor. courts of— force compliance with any order issued by The PRESIDING OFFICER. The Sen- (A) all rights, responsibilities, and protec- the Authority pursuant to this section. The ator from Missouri. tions provided by State law and enumerated right provided by this subsection to bring a Mr. BOND. Mr. President, might I in this section; and suit to enforce compliance with any order ask the Senator from New Hampshire (B) any written contract or memorandum issued by the Authority pursuant to this sec- what his substitute does? of understanding. tion shall terminate upon the filing of a peti- Mr. GREGG. This amendment deals (c) FAILURE TO MEET REQUIREMENTS.— tion seeking the same relief by the Author- with the rights of police officers to N GENERAL ity. (1) I .—If the Authority deter- have the right to collective bargaining mines, acting pursuant to its authority SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. under subsection (a), that a State does not A public safety employer, officer, or labor and firemen to have the right to collec- substantially provide for the rights and reorganization may not engage in a lockout, tive bargaining. sponsibilities described in subsection (b), sickout, work slowdown, or strike or engage Mr. BOND. Mr. President, this obvi- such State shall be subject to the regula- in any other action that is designed to com- ously is a very important issue the tions and procedures described in section 5. pel an employer, officer, or labor organiza- Senator has raised. Having this as an (2) EFFECTIVE DATE.—Paragraph (1) shall tion to agree to the terms of a proposed con- amendment to a technical amendment take effect on the date that is 2 years after tract and that will measurably disrupt the raises questions that I think perhaps the date of enactment of this Act. delivery of emergency services, except that should be answered. SEC. 5. ROLE OF FEDERAL LABOR RELATIONS it shall not be a violation of this section for First, I point out to my friends who AUTHORITY. an employer, officer, or labor organization to (a) IN GENERAL.—Not later than 1 year refuse to provide services not required by the are concerned about it that the number after the date of enactment of this Act, the terms and conditions of an existing contract. we have chosen for the highway por- Authority shall issue regulations in accord- SEC. 7. EXISTING COLLECTIVE BARGAINING tion of the bill was a number adopted ance with the rights and responsibilities de- UNITS AND AGREEMENTS. by a 79–21 vote on the floor of this scribed in section 4(b) establishing collective A certification, recognition, election-held, body. In addition, we understand the bargaining procedures for public safety em- collective bargaining agreement or memo- need to provide funding for highways. ployers and officers in States which the Au- randum of understanding which has been The Finance Committee has worked issued, approved, or ratified by any public thority has determined, acting pursuant to very hard to come up with the funding its authority under section 4(a), do not sub- employee relations board or commission or stantially provide for such rights and respon- by any State or political subdivision or its measures. I don’t serve on the Finance sibilities. agents (management officials) in effect on Committee, but they have adopted fuel (b) ROLE OF THE FEDERAL LABOR RELATIONS the day before the date of enactment of this tax compliance measures. They have AUTHORITY.—The Authority, to the extent Act shall not be invalidated by the enact- reformed the provisions for the ethanol provided in this Act and in accordance with ment of this Act. exemption. It is a very valuable agri- regulations prescribed by the Authority, SEC. 8. CONSTRUCTION AND COMPLIANCE. cultural fuel that improves the envi- shall— (a) CONSTRUCTION.—Nothing in this Act ronment. They will not charge the (1) determine the appropriateness of units shall be construed— for labor organization representation; (1) to invalidate or limit the remedies, highway trust fund with that. They (2) supervise or conduct elections to deter- rights, and procedures of any law of any will pay down the existing interest mine whether a labor organization has been State or political subdivision of any State or owed to the highway trust fund and selected as an exclusive representative by a jurisdiction that provides collective bar- spend down the balance. They will clar- majority of the employees in an appropriate gaining rights for public safety officers that ify mobile machinery exemptions and unit; are equal to or greater than the rights pro- transportation taxes, and discontinue (3) resolve issues relating to the duty to vided under this Act; refunds going from the trust fund into bargain in good faith; (2) to prevent a State from enforcing a (4) conduct hearings and resolve com- right-to-work law that prohibits employers the general revenue fund for fuel tax plaints of unfair labor practices; and labor organizations from negotiating exemptions. These are generally re- (5) resolve exceptions to the awards of arbi- provisions in a labor agreement that require lated to the highway trust fund. trators; union membership or payment of union fees Further, I will point out for those of (6) protect the right of each employee to as a condition of employment; us who said we want the trust fund form, join, or assist any labor organization, (3) to invalidate any State law in effect on used for highways, the trust fund right or to refrain from any such activity, freely the date of enactment of this Act that sub- now is being used for other things that and without fear of penalty or reprisal, and stantially provides for the rights and respon- are not highway related, such as auto- protect each employee in the exercise of sibilities described in section 4(b) solely be- such right; and cause such State law permits an employee to mobile, bus, and truck drivers. Some (7) take such other actions as are nec- appear on his or her own behalf with respect $36 billion will go to mass transit, a essary and appropriate to effectively admin- to his or her employment relations with the very valuable adjunct to the transpor- ister this Act, including issuing subpoenas public safety agency involved; or tation system but not something that

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.008 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S559 people who pay highway trust fund plans and international fuel tax agree- tablish is, perhaps, an inevitable pol- taxes are using because they are put- ments. icy. ting the gas and diesel in their own ve- In response to issues surrounding We run the risk of making economic hicles. commerce from Mexico, S. 1072 gives and environmental advances at the There are also valuable environ- the Secretary of Transportation discre- cost of jeopardizing our primary fund- mental benefits in there such as tion to provide financial assistance to ing source for the highway trust fund— CMAQ—congestion mitigation for air States participating in the Inter- gas taxes. In recent years, the highway quality. There are also rails and trails national Registration Plan and the trust fund has seen a decrease in reve- and other easements in there that are International Fuel Tax Agreement. nues. Constant changes in the auto- a significant diversion of highway trust These States incur certain administra- motive industry and the economy as a fund dollars from the direct highway tive costs resulting from their service whole impact user fee revenues. We trust fund purposes. as a home jurisdiction for motor car- must continue to identify new and reli- I hope my colleagues who have prob- riers from Mexico. able revenue sources to sustain the lems with strict application of highway The International Fuel Tax Agree- program. funds being raised on highway uses ment and the International Regional Most recently, we have seen the in- deal with that in an amendment that is Plan are agreements among various crease in the cost of fuel and the spik- directly related to the highway bill U.S. States and Canadian Provinces ing that has been going on. That has a transportation which is before us. that facilitate the efficient collection direct effect on the amount of revenues Obviously, one of the things one can and distribution of fuel taxes and ap- that are generated from fuel taxes. do in the Senate is to offer amend- portioned registration fees among each In response to these changing and ments that are more properly the juris- member jurisdiction. growing challenges, the new commis- diction of other committees, which cer- Under both programs, each motor sion created in this bill is established tainly collective bargaining is, I would carrier designates its home State or to conduct a comprehensive study of say, such an effort. But this bill is so Province as the jurisdiction respon- the alternatives available to replace or important to the United States, to our sible for collecting fuel use taxes and supplement the existing fuel tax as the economy, and the safety and well-being fees. Since the implementation of principal source of supporting the high- of the people who use our highways and NAFTA, the Mexican Government im- way trust fund. We may find that this use our bridges in the United States poses and collects fuel taxes and reg- is going to still remain the principal that I hope we can get back to the istration fees differently from the source, but we do not know because we main purpose of this measure, which is United States and Canada. The Na- have never had any central place where to continue the highway program, tional Governors Association is cur- we were trying to put together some- which builds better roads, better rently evaluating Mexico and its par- thing this creative to replace it. bridges, and provides jobs—47,000 jobs ticipation in the IFTA and IRP pro- Specific factors which the commis- for each $1 billion of highway con- grams. In the interim, Mexican motor sion will examine include, one, the ef- tracts—and provides the future for eco- carriers may use individual U.S. States fects of each major tax that goes into nomic growth in our States. or Canadian Provinces as their home the highway trust fund; two, the abil- As I have said on many occasions on jurisdiction. So we are talking about ity to increase taxes if there are future this floor, I can tell you jobs are going something that is in the interim until revenue shortfalls; and, three, poten- to be located in the States where they the problem is resolved but is nec- tial new sources of revenue to support have good transportation systems, and essary. highway, transit, and other surface good highways are essential for that. Section 1305 is in regard to the Na- transportation programs. Finally, in my State it is a matter of tional Commission on Future Revenue In regard to the scope of the study, saving lives. So I hope we can get back Sources to Support the Highway Trust the commission is charged with sug- to dealing with the important meas- Fund and finance the needs of the sur- gesting new or alternative revenue ures in this bill. I hope we can deal face transportation system. sources to fund the needs of the surface with the specific needs, make the tech- As many of you know, I am person- transportation system over the next 30 nical amendments that are normally ally not one to support expansions of years or the next 40 years—the next permitted on such a bill, and debate bureaucracy or the creation of innu- long period of time. It is something we the major provisions. merable review boards, committees, should have done before. This bill With that, I yield the floor. and commissions. However, this bill might have been easier if we had ad- Mr. INHOFE. Mr. President, I suggest creates, and I have found good reason dressed this in TEA–21. the absence of a quorum. to support, a new temporary—tem- Now we have, in section 1306, the The PRESIDING OFFICER. The porary—national commission on future State infrastructure banks. TEA–21 es- clerk will call the roll. revenue sources to support the high- tablished a State infrastructure bank The assistant legislative clerk pro- way trust fund and finance the needs of pilot program that authorized partici- ceeded to call the roll. the surface transportation system. pation among the States of Missouri, Mr. INHOFE. Mr. President, I ask Funding the highway program has al- Rhode Island, California, and Florida. unanimous consent that the order for ready become increasingly more chal- This bill reauthorizes the program to the quorum call be rescinded. lenging. Even as we debate the funding allow all States to enter into coopera- The PRESIDING OFFICER. Without of this bill, we are confronted with the tive agreements with the Secretary of objection, it is so ordered. task of finding innovative and efficient Transportation to set up infrastruc- Mr. INHOFE. Mr. President, we have funding methods to capture user fees ture-revolving funds eligible for cap- been trying to get through the expla- lost to the fuel tax evasion and a host italization with Federal transportation nation of this bill section by section. of other issues that the Finance Com- dollars. We have done so now all the way up to mittee has done a great job in address- The SIB program gives States the ca- section 1304. It seems most people were ing. pacity to increase the efficiency of concerned yesterday about the for- However, one issue that has not been their transportation investment and to mula. Now we are addressing another addressed, but must be before the next significantly leverage Federal re- problem. But we have not gotten into reauthorization cycle, is Federal incen- sources by attracting non-Federal pub- the full explanation of the bill. We tives for the purchase of hybrid and lic and private investment. have gone from section 1104 through other fuel-efficient vehicles. Fuel effi- The program provides greater flexi- section 1303. ciency is a goal I support, but I do not bility to the States by allowing other I am going to go ahead and proceed. believe it should come at the expense types of project assistance in addition If anyone either has an amendment or of the highway trust fund. So we have to the traditional reimbursement wants to be heard on the bill, of course, these exemptions, which has the result grant. States utilizing SIBs are able to I will give them that opportunity. of reducing the revenues that would provide various forms of nongrant as- Section 1304 is in regard to the facili- otherwise come in, even though the sistance to eligible projects, including tation of international registration goal or the policy we are trying to es- at or below market rate subordinate

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.021 S04PT1 S560 CONGRESSIONAL RECORD — SENATE February 4, 2004 loans, interest rate buydowns on third that this bill reauthorizes is Operation Through the bill before us today, we party loans, and guarantees and other Lifesaver. This program has proven ef- will improve the condition and the per- forms of credit enhancements. Any fective as a national education and formance of our roads and bridges, debt that the SIB issues or guarantees awareness campaign dedicated to re- thousands and millions of them. That must be of investment grade caliber. ducing fatalities and injuries at high- means both safer travel today and The SIB program represents one more way-railway crossings. Operation Life- lower maintenance costs tomorrow. innovative financing option. We be- saver has utilized various means to I am particularly pleased that our lieve, after having done this with three educate both drivers and pedestrians work continues the transportation or four States, that it is something about making safe decisions at railroad partnership established under Presi- that should be expanded to other crossings and has encouraged better dent Eisenhower during the Interstate States. This is a very positive thing. engineering to improve safety at rail period and expanded with passage of Section 1401 is the Highway Safety crossings. Due to the valuable service ISTEA 12 years ago. That means that Improvement Program. this program renders and the cost-ben- local leaders, stakeholders and citizens Along with the new equity bonus pro- efit effectiveness it has sustained, this will continue to work with State and gram, the bill’s new core Safety pro- bill increases funding for the program Federal officials to set spending prior- gram is one of the crowning pillars of from $500,000 per year to $600,000 per ities and define project scope. this legislation. It is both devastating year and moves the source of funding I am also proud that we have main- and deplorable that motor vehicle for Operation Lifesaver from the Sur- tained the linkage between transpor- crashes are the leading cause of death face Transportation Program, STP, to tation and the environment in our bill. among American’s between the age of 1 the new Highway Safety Improvement Investments in transportation must and 34-years-old. In 2002 alone, nearly Program. build strong, healthy communities. 43,000 people died on our Nation’s high- Section 1403 is license suspension. Through advanced planning and early ways. Although the fatality rate has Another area of concern in regards to coordination we can ensure better re- decreased when compared to the grow- highway safety is the intoxicated driv- sults. ing number of vehicle miles traveled, er and especial repeat offenders. Cur- I urge my colleagues to work with the total number of fatal crashes has rent law imposes penalties on States those of us responsible for this bill so gradually increased over the life of that have not enacted statutes pun- that we may complete our work in a TEA–21. Through a reorganization of ishing repeat intoxicated drivers with a timely way. America’s communities existing safety programs and a signifi- hard one-year driver’s license suspen- are relying on us. The States are rely- cantly increased Federal investment, sion. However, as the States have re- ing upon us. All people using the trans- S. 1072, appropriately referred to as viewed data and adapted their sen- portation system are depending upon SAFETEA, strives to combat one of tencing structures for repeat offenders us. I am sure we will produce this docu- the greatest threats faced on our roads in this area, they have found that ha- ment in a way that will make us all today. Not only is the loss of life to un- bitual drunk drivers whose license has very proud. safe roads and conditions tragic, but already been suspended frequently The PRESIDING OFFICER. The Sen- vehicle crashes have a huge economic choose to drive without a license, mini- ator from Oklahoma. effect manifested in medical costs, mizing the effectiveness of the current Mr. INHOFE. First, I agree with the property damage, insurance, and the State of the law. In the interest of pub- ranking member of the committee. We effects of congestion. lic safety, some States have actually have come a long way. We are ready In response to the need for safer accepted the consequences of the Fed- shortly and will be prepared to deal roads and road conditions, this bill eral sanction and foregoing available with some amendments. In the mean- gives heightened attention to improv- Federal funding in order to impose time, let’s wade through this thing a ing traffic safety by creating a new more effective sentencing of these re- little bit more. core Highway Safety Improvement peat offenders. This bill recognizes the Section 1404. Bus axle weight exemp- Program. Under TEA–21 States were reality of repeat drunk drivers driving tion. SAFETEA holds over-the-road required to set-aside 10 percent of their on roads with a suspended license and buses and intrastate public transit funds apportioned under the Surface the wisdom of more effective alter- buses to the same standards that inner- Transportation Program for safety native sentencing schemes. Thus, the city transit buses must meet with re- projects to eliminate hazardous loca- bill updates the ‘‘repeat offender’’ sanc- gard to axle weight, air quality, and re- tions and improve safety at highway- tion in title 23 of the code to allow quirements under the Americans with railway crossings. The new Highway States to incorporate ignition inter- Disabilities Act. Specifically, the bill Safety Improvement Program pre- lock or similar devices when sen- exempts any over-the-road buses or serves the ability of States to continue tencing repeat intoxicated drivers. intrastate public transit bus from the funding these important projects, while At this point we have come through maximum gross weight limitations im- giving the States even greater flexi- all the way to section 1404. I would like posed by the State. bility to identify and address other to see if the minority leader of the Section 1405 is the Safe Routes to traffic safety issues such as work zone committee, who has been so great to School Act. This was a provision that safety, traffic enforcement activities, work with, the ranking minority mem- handled a number of compromises. It is lane and shoulder widening, use of safe- ber, Senator JEFFORDS from Vermont, one we are all concerned about. It has ty warning devices, safety-conscious has any comments to make about these a continuing emphasis on safety. The planning, and improved traffic data sections. bill introduces a new program that di- collection. Mr. JEFFORDS. I thank the chair- rectly deals with safe routes to school, This is just one more effort to recog- man. As has been pointed out already a safety improvement program estab- nize that the States are all different. by one of our members, the bill we are lished in SAFETEA. Projects eligible The same shoe does not fit all. We are talking about is rather extensive. But under the Safe Routes to School Pro- giving them an expanded role to deter- it was not done quickly or without the gram are already eligible under the mine the best way to handle the prob- tremendous work of staff and many larger Highway Safety Improvement lems in Vermont as opposed to Okla- people who have contributed outside of Program. homa or any other State. the staff in listening to people from all However, Safe Routes to School pro- Recognizing the various and chang- over the country before we put the vides a dedicated and protected funding ing safety needs in each State, the bill final touch on the bill. source for pedestrian and bicycle safety provides significant flexibility to the The highway bill provides us with an projects near schools. The program is States in order to determine how the opportunity every 6 years to give our limited to projects and activities that Federal safety dollars can best be spent communities, our businesses and our will impose safety within 2 miles of to address the areas of greatest need. citizens a real boost by renewing our primary and secondary schools. It sets These are not always the same in each commitment to the world’s most ex- aside $70 million per year for infra- State. tensive transportation system. I am structure and behavioral activities, Section 1402 is Operation Lifesaver. proud to be a leader in that effort this such as sidewalk improvements, traf- Among the existing safety programs year. fic-calming measures, speed reduction,

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.025 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S561 bicycle facilities, pedestrian crossings, State and metropolitan transportation Current law provides an opportunity traffic signal improvements, public planning. If the Senator from Vermont for the public to be involved to some awareness campaigns, and traffic edu- would like to go over some of these sec- degree in the development of transpor- cation and enforcement. tions, starting with section 1501, it tation plans. This bill includes specific I think that is significant. We have might be appropriate since he had a lot ideas for making public involvement noticed, between the time we have been to do with these particular areas. opportunities more meaningful, such as dealing with ISTEA and TEA–21, there (Mr. SUNUNU assumed the Chair.) making publicly available documents have been increased fatalities in our Mr. JEFFORDS. Mr. President, I am available on the Internet. young kids. We expanded this program most pleased to assist in this regard. Section 1506. Federal and State laws during the course of our committee The environmental provisions con- often require habitat, stream, or wet- consideration. I think it was a good tained in this bill reflect a bipartisan land mitigation to compensate for di- compromise reached among the mem- compromise to make on the purchase rect adverse environmental impact bers of the Environment and Public of equipment. caused by transportation projects. To Works Committee. Although there are When conducting projects under the provide additional flexibility and cer- a number of additional changes I would Federal program’s authorization under tainty in meeting these requirements, like to have made in these provisions, this bill, some States will occasionally this bill authorizes the establishment I believe the bill deals fairly in regard find the equipment necessary to com- of State mitigation funds, using mon- to these sections, given the variety of plete the project may be cheaper to eys received from the Surface Trans- strong opinions on environmental sub- purchase than it would be to rent for portation Program and National High- the duration of the project. In such jects. Several stakeholders have argued way System programs. cases, this bill instructs them to con- The State mitigation fund operates duct a cost-benefit analysis for the pur- any early identification of potential environmental concerns may help re- as a planning and project management chase of expensive equipment above tool available to the States. States can specified levels in order to evaluate the duce or avoid delays during the environmental review. Therefore, this bill even use the mitigation funds to under- savings associated with purchasing the specifies factors that may be consid- take larger mitigation efforts based on equipment compared to renting the ered during the transportation plan- the total impact of a multitude of equipment for the duration of the ning process. projects combined rather than project- project. Current law already requires trans- by-project mitigation. This enables the Everything we are doing here is try- portation planners to consider projects States to more effectively plan for and ing to get the very most out of the dol- and strategies that will protect and en- provide the mitigation that is or likely lars we are spending in terms of safety hance the environment and improve will be required for transportation and equipment and road construction quality of life. projects under other environmental and the other things we are dealing The items added by this bill simply laws. with in S. 1072. provide more direction as to what The next section, 1511, transportation Section 1407 is work zone safety. Over these concepts mean. These items do project development process. TEA–21 a thousand deaths occurred in work not constitute a checklist of items, directed the Department of Transpor- zones during 2002 due to traffic crashes whereby every item listed must be con- tation, DOT to ‘‘develop and imple- alone. There has been a lot of aware- sidered by each State and metropolitan ment a coordinated environmental re- ness in the public about this fact and planning organization, or MPO. view process for highway construction States are trying to deal with it. We Section 1502. As another means of and mass transit projects.’’ Unfortu- felt it appropriate to have some lan- providing for early consideration of en- nately, this was never achieved. It took guage in this bill. Although work zones vironmental concerns, this bill requires almost 2 years for DOT to even propose represent a critical component of infra- transportation planners to consult rules, and those proposed rules were structure development, they also pose with appropriate resource agencies. roundly criticized by many interested a unique safety challenge for those on Interagency consultation should fa- stakeholders and many in this Cham- the road, and to road workers in par- cilitate comparison of transportation ber. ticular. plans to conservation plans or maps That proposal has since been with- S. 1072 attempts to minimize the in- and inventories of natural or historic drawn. So it was necessary for us, obvi- juries and fatalities in work zones by resources, where those plans or maps ously, to take the next step legisla- imposing insurance requirements, re- and inventories already exist and are tively. quiring the use of ITS technologies and in use. safety budgeting in construction and The long-range transportation plan This bill sets up a process for com- contracting. The Secretary of Trans- will also include a discussion of poten- plying with current environmental portation is directed to encourage tial mitigation activities and sites that laws. In establishing a process for com- States to choose contractors that carry may help compensation for issues due pliance, the bill does not venture to general liability insurance of at least to the transportation plan. This re- amend any current environmental $15 million. Transportation projects quirement is intended to get States to laws. It does not venture to amend any costing more than $15 million are en- think strategically about mitigation. current environmental laws. couraged to include continuously mon- It is not to add new mitigation require- Under this process, DOT is the lead itored work zone intelligent transpor- ments or to require a level of detail agency with authority to set work tation systems, or ITS systems. better handled at the individual project plans and schedules, determine the pur- Section 1408. Worker injury preven- review stage. pose and need for a project, and deter- tion and free flow of vehicular traffic. Section 1503. Integration of natural mine which alternatives must be con- In addition to the provision relating to resource concerns into transportation sidered. This process also includes the safety of workers in work zones project planning. Additionally, the more public participation than cur- just mentioned, SAFETEA also directs highway bill contains provisions to in- rently required and continues to au- the Secretary to promulgate regula- corporate the principles of context-sen- thorize DOT to provide funds to re- tions requiring road workers to wear sitive design into current design stand- source agencies to assist them in expe- high-visibility clothing, with the goal ards. These principles involve consider- diting project environmental reviews. of decreasing worker injury and main- ation of the environmental context of a Section 1512. Assumption of responsi- taining a free flow of traffic. project and encouragement of design bility for categorical exclusions. Under In section 1501, regarding the integra- that minimizes impact on the project’s the National Environmental Policy tion of natural resource concerns into surroundings. These provisions aim to Act, NEPA, some types of projects can State and metropolitan transportation integrate natural resource concerns be categorically excluded from lengthy planning, my counterpart, the ranking into the transportation project plan- analysis. Qualifying projects are those minority member, was very interested ning process. projects that ‘‘do not individually or in a lot of the parts of the bill that deal Section 1504. Public investment in cumulatively have a significant impact with natural resource concerns and transportation planning and projects. on the human environment.’’

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.028 S04PT1 S562 CONGRESSIONAL RECORD — SENATE February 4, 2004 Approximately 90 percent of all sur- In limited circumstances and with mitigate invasive species along road- face transportation projects are proc- the Secretary’s approval, States can ways, we provide States with the flexi- essed as categorical exclusions, or CEs, use the Federal funds to cover the cost bility to minimize the impact of vehi- under NEPA. Since this is such an incurred in acquiring parcels of land cles as vectors of these problematic overwhelming percentage of the that are considered to be critical for plants. projects, even a small improvement in any transportation project under title Section 1602 relates to the National processing time for each CE can result 23. Federal land may be used to acquire Scenic Byways Program. TEA–21 con- in a large improvement systemwide. property prior to the completion of the tinues the National Scenic Byways The bill before us today attempts to environmental reviews for proper ac- Program authorizing the Secretary of make that improvement by allowing quisition. Environmental reviews and Transportation to designate roads that States to assume the Secretary’s re- approvals are still required before have outstanding scenic, historic, cul- sponsibility for completing the envi- physical construction, demolition, or tural, natural, recreational, and archi- ronmental review process for projects clearing is commenced. If a parcel is tectural qualities as all-American classified as CE under current regula- later sold or leased, States cannot re- roads, or national scenic highways. tions. tain the Federal share of the proceeds. This bill amends the current program This assumption of responsibility Section 1522. Planning capacity to recognize that the Secretary already will be limited to those States that building initiative. Focusing on the is promoting the collection of ‘‘na- have adequate capabilities and would importance of comprehensive and inte- tional scenic byways’’ and ‘‘all-Amer- remain subject to Federal oversight to grated planning, S. 1072 establishes a ican roads’’ under the designation of maintain proper accountability. planning capacity building initiative ‘‘America’s byways.’’ If State and Fed- Section 1513. Surface Transportation to strengthen metropolitan and state- eral representatives reach consensus on Project Delivery Pilot Program. Often wide transportation planning and to establishing a single designation cat- a State will do much of the work in- enhance tribal capacity to conduct egory, then these amendments will pro- volved with the preparing and environ- joint transportation planning. vide the Secretary with the authority mental review of a surface transpor- The bill gives priority to planning to use any of the three terms, national tation project. Then the Federal De- practices that support the transpor- scenic byways, all-American roads, or partment of Transportation must re- tation elements of homeland security America’s byways, as the single des- view and approve the State’s work, the planning, performance-based planning, ignation. applicable documentation. Some stake- safety planning, operations planning, The bill also authorizes the Sec- holders have argued that allowing freight planning, and the integration of retary for the first time to form public/ States to complete the NEPA review, environment and planning. The plan- private partnerships to carry out tech- regardless of whether the project re- ning capacity building initiative will nical assistance, marketing, market quires a categorical exclusion, environ- be administered by the DOT’s Federal research, and promotion with respect mental assessment, or even an environ- Highway Administration in coopera- to national scenic byways. mental impact statement, could result tion with the Federal Transit Adminis- Section 1603 is the Recreational in significant time savings and speed tration. Trails Program. This bill continues the up project delivery. Section 1601. Environmental restora- Recreational Trails Program allowing The highway bill sets out to explore tion and pollution abatement control Federal funds to be used to provide and this idea by establishing a pilot proof invasive plant species and establish- maintain recreational trails for motor- gram that allows up to five States to ment of native species. Storm water ized and nonmotorized recreational assume the Secretary’s responsibility runoff from highways has a direct im- trail uses. New eligible uses of funds for the environmental review of a pact on the Nation’s waterways, car- permit trail assessment for accessi- transportation project. Under this pilot program, States will rying with it pollutions such as brake bility and maintenance, and to hire have to meet several criteria before linings, oils, heavy metals, road salts, trail crews or youth conservation or and after selection to participate. nutrients, et cetera. To address these service corps to perform recreational These requirements include soliciting waterborne pollutants, current law al- trails activities. Current activities eli- public comment prior to applying for ready allows States to use STP funds gible under the program educational participation, verifying adequate capa- to address water pollution or environ- funding already include nonlaw en- bilities to carry out the responsibilities mental degradation caused or contrib- forcement trail safety, trail use moni- to be assumed, entering into a written uted to by transportation facilities toring patrols, and trail-related train- agreement with the Secretary, submit- currently undergoing reconstruction, ing. ting to the jurisdiction of the Federal rehabilitation, resurfacing, or restora- Since projects under the Rec- courts, submitting to periodic compli- tion so long as the environmental reational Trails Program are much ance audits, and complying with the project does not exceed 20 percent of smaller than typical highway projects, same procedural and subsequent re- the overall project cost. this program is relieved of several nor- quirements under Federal environ- This bill extends eligibility for those mal requirements which, although ap- mental law as would apply if the Sec- types of mitigation projects from the propriate for large highway projects, retary were conducting reviews. States’ STP funds to include their would be excessively burdensome for Section 1514. In keeping with the new funds under the NHS program as well. small trail projects. environmental changes, the bill directs It further allows the funds to be used Section 1604 covers exemption of the Department of Transportation to for environmental restoration projects interstate systems. SAFETEA estab- promulgate new regulations within 1 not associated with an active construc- lishes an exemption for the interstate year to implement the planning and tion project. system from consideration as a ‘‘his- project delivery sections of the bill. The stormwater project must address toric site’’ regardless of whether the Section 1521. Critical real property runoff from an existing Federal-aid interstate system or portions of the acquisition. The committee bill en- highway but not necessarily one under- interstate system may be eligible for ables States to use Federal funds to ex- going reconstruction, rehabilitation, listing on the National Registry of His- peditiously acquire a limited number resurfacing, or restoration. toric Places. However, a portion of the of parcels of land that may be needed Invasive species are a growing prob- interstate system that possesses an for future transportation development lem both economically and environ- independent feature of historic signifi- but are threatened by imminent eco- mentally. These harmful plants plague cance, such as a bridge or a uniquely nomic development. thousands of areas of rangelands and significant architectural feature, may The early acquisition of property croplands and have been cited as a still be considered a historic site indi- keeps future transportation options staggering problem by such organiza- vidually. open and provides States with an im- tions such as the National Cattlemen’s Section 1605 of this bill changes cur- portant opportunity to reserve future Beef Association and the American rent law to place greater emphasis on alignment alternatives while allowing Farm Bureau Federation. By making the need to consider the preservation timely and cost-saving acquisitions. both NHS and STP funds available to of human and natural resources in the

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.030 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S563 decisionmaking process of developing The PRESIDING OFFICER. The Sen- can permit a State or public authority highway projects. Consideration of a ator from Missouri. to toll any highway, bridge, or tunnel, variety of highway project impacts has Mr. BOND. Mr. President, picking up including facilities on the interstate been part of the design process for with the description of this bill, which system, to manage high levels of con- many years. However, the transpor- we think is extremely important, I am gestion or reduce emissions in a non- tation community has demanded im- going to share some other views. But I attainment area or maintenance area. provements in project delivery and in want to continue with this description This is extremely important when the makeup of the product that is de- of the bill. you look at the kinds of congestion we livered. Compatibility with the sur- Under the current law, there is a gen- have in many areas during high traffic rounding environment and improved eral prohibition against placing com- time. If there are tolls imposed when safety for the motorist and the pedes- mercial establishments in recreation there would otherwise be heavy conges- trian are critical. and safety rest areas on interstate tion, then those who must necessarily The bill also directs the Secretary to rights-of-way. This bill creates a small travel at that time can continue to do ensure that the plans and specifica- exception to this prohibition by allow- so by paying a toll. This is the ulti- tions for proposed highway projects ing States to place either electrifica- mate market-based system for assuring have considered preservation, historic, tion or other idling facilities that can that people who do not have to travel scenic, natural environment, and com- be used for heating, air-conditioning, at high congestion times will not. Ob- munity values. However, States can electricity, and communication. This viously, this means better traffic flow, use existing processes for dem- will enable truck operators to receive this means less congestion, and there- onstrating that they have considered services without continuing to run fore less pollution. So I think this is these subject factors. their engines, thereby reducing vehicle extremely important. Section 1606 covers use of high-occu- emissions. States, other public agen- The Secretary may permit a State or pancy vehicle lanes which has been a cies, and private entities are already public authority to manage the levels. topic of great interest to both States allowed to operate on the interstate The States must provide the Secretary and stakeholders. This reauthorization system and may charge for the services with a description of the congestion bill clarifies existing law and provides provided under this new authority. and air quality problems, and the more flexibility to State and local Why is this important? This is tre- goals. Any State or public authority agencies for effective management of mendously important. If you travel in already operating under a cooperative high-occupancy vehicle, or HOV, facili- your State along an interstate, you agreement under the existing pricing ties. Certain types of vehicles are ex- will find now that the new hours-of- pilot program of TEA–21 can continue empt from meeting the general occu- service regulations require truckers to under the existing laws. pancy requirements for HOV facilities. take more frequent breaks. There are We also have included some changes The bill further identifies the possible rest areas in my State which are in the tolling requirements because in operational strategies that responsible crowded with trucks. There are en- some States there are interstates agencies may select from to maximize trances to and exits from interstate which are badly out of date and in need the use of HOV facilities, manage high- highways where significant numbers of of substantial rehabilitation. In the way capacity, mitigate congestion, and trucks are parked. This is to make sure current laws, the provision for estab- reduce fuel consumption. that the drivers get the rest they need. lishing tolls on existing interstates has Motorcycles continue to be allowed There has been some controversy over been limited to replacement. If you use of HOV facilities. Responsible Gov- it, but this is the rule and they are have ever traveled I–70 in the State of ernment agencies choosing to meet ad- abiding by that rule. But when they are Missouri, which is the lifeline for our ditional requirements may also allow shut down and idling, particularly in State and for much of the Nation for low-emission and energy-efficient vehi- bitter cold weather so they can get east-west traffic going from coast to cles, such as hybrid vehicles, to use heat in their cab while they get the HOV facilities. These agencies are also coast, certainly traveling between Kan- necessary rest, No. 1, it is causing dan- given the authority to toll the use of sas City and St. Louis, you will find gerous situations along the roadway, an HOV facility by vehicles that do not that there are tremendous delays occa- otherwise meet the normal minimum on the exit and entrance ramps to sioned because the roads are inad- capacity or other exemption require- interstate highways, and they are equate. They are two-lane roads that ments. needlessly burning fuel, polluting the are like driving in city traffic, they are Section 1607 relates to bicycle trans- atmosphere, and causing excessive use so filled with cars and congestion. portation and pedestrian walkways. of imported petroleum at a time when In addition, when there are accidents The highway authorization bill makes we face a real energy crisis. on these roads, it is not uncommon for minor changes regarding pedestrian So while this is a small part of the us to experience an hour or 2-hour walkways, specifically allowing the use bill, it is one which responds to very delay. In one instance, I managed to of the Surface Transportation Pro- significant needs to maintain safety for miss a 7-hour delay by taking some gram, STP, funds and congestion miti- the traveling public, especially the back roads which I knew about to get gation and air quality improvement truckers, and also to eliminate air pol- around a major disaster. programs, CMAQs, funds for the non- lution that comes from idling trucks. This measure expands the ability to construction pedestrian safety pro- Another program that I think is vi- say if it is substantial rehabilitation or grams where current law only mentally important to empower the im- reconstruction, the State, if it chooses, tions bicycle safety. provements in tolling, section 1609, could use tolls to improve an inter- We also explicitly mention the pedes- deals with tools for toll programs. One state. trian use on bridges, whereas current of the effective things that has been Right now, Interstate 70 has the dis- law only mentions safety programs for used in many highway locations for tinction of being the first toll road in bicycle use. The practice of charging raising revenue and regulating the flow the United States. But it also means it user fees for shared-use paths is also of traffic is tolling. This bill modifies is a half a century old and it is at least permitted so long as the fees collected the Interstate System Reconstruction 20 years out of date. The total cost for by a State are used for maintaining and Rehabilitation Program, the repairing it and replacing it is about $3 and operating the shared-use paths ISRRP, and establishes a new variable billion. within the State. toll pricing program. This variable Some of my colleagues will be sur- User fees may not be collected on pricing program replaces the pilot pro- prised to know that I have not asked in shared-use paths that are not within a gram which was authorized in the pre- this bill for $3 billion to replace this highway right-of-way nor make user vious TEA–21. vital national link. But I do believe we fees be charged for the use of sidewalks The new variable toll pricing pro- need to provide options for States to or bicycle paths. gram enables the use of variable toll deal with problems such as this one. I would like to stop at this point and pricing on congested facilities in order Whether they do it is going to be up to pass the description to my good friend, to increase mobility and improve air them. In the State of Missouri, there Senator BOND. Thank you. quality. This says that the Secretary would have to be a vote of the people.

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.033 S04PT1 S564 CONGRESSIONAL RECORD — SENATE February 4, 2004 They would have to authorize the indeed eligible for funding under the We are working to encourage more issuance of bonds and a tolling author- CMAQ program. and more school buses to use soy die- ity. This does not by any means say we The bill also fixes oversight under sel, and put aside the fact that kids are are going to put tolls on it. It provides current law that prevents States that going to get hungry when they smell an option for the legislature, the Gov- do not have any nonattainment or something that smells like french fries. ernor, the Department of Transpor- maintenance areas from using CMAQ But it is vitally important that we tation to consider as they look at how funds for CMAQ projects. Frankly, this lessen the danger to our schoolchildren they want to deal with one of these allows us to get more homegrown clean as well as lessening the use of diesel very significant highway corridors, fuels used with the assistance of CMAQ fuel and providing a significant benefit which has become far too often a park- funds. to those who produce soybean and ing lot rather than a means of facili- I happen to know something about other biomass. tating transportation between our two soy diesel and about biodiesel. I am a I see a couple of our colleagues are major cities and for people traveling great champion of it, because if you here. Senator THOMAS wishes to speak. from far beyond, going east to west have followed a bus or a truck down We have lots more to talk about, but I through the heartland of the Nation, the road that is burning straight die- will discontinue at this point and sel, you know what an unpleasant through the State of Missouri. thank the Chair and thank my col- I think this is a very important pro- smell that can cause and what damage leagues for coming to the floor. vision and one which will provide that can do to the environment. Bio- The PRESIDING OFFICER. The Sen- States reasonable flexibility, not al- diesel is a soybean-based or other bio- ator from Wyoming is recognized. lowing them, willy-nilly, to take roads mass-based fuel which operates in a Mr. THOMAS. Mr. President, I thank already financed through the inter- much cleaner burning environment. my friend from Missouri. I am glad this Several years ago we started a pilot state program, to impose tolls on them conversation is going on. Certainly project at the great training facility at to finance other activities, but to make there isn’t anything before us that is Fort Leonard Wood, MO that needed to sure that we continue to realize the more immediate in need and more im- train soldiers to fight in smoke condi- dream of those who initially formu- portant than this highway bill. Not tions on the battlefield. They had been lated the interstate highway program only is it a matter of infrastructure, of burning diesel to provide that smoke. to make sure that we can see traffic course, that we necessarily need, but it We felt that was not necessarily a good continue to proceed. is also a matter of providing more jobs idea to be burning diesel and exposing Let me move to another provision in more quickly than anything we can our finest troops to the diesel pollution the bill. It is section 1610, which merely possibly do. and the smoke that was caused. We directs the EPA to study the ability to Someone said this morning at one of worked with the Department of De- monitor differentiation between fine our meetings that they will wait until fense to switch that to soy diesel. and coarse particulate matter. next year to use the money. Not at all. There was smoke. I asked them after As we find out more about the dan- I think many of the highway depart- they implemented what the byproducts gers of pollutants, we find they are ments similar to Wyoming where I am were. They said, Obviously, we are not greater risks in the fine particulates in from are ready to go. They are ready to polluting the environment with petro- many instances which can cause far contract. They can move very quickly. leum-based diesel. We are burning a more significant harm than a coarse I think it is terribly important that much cleaner soy-based fuel. It is much particulate because of the impact on we move forward on this. I hope before less harmful to the soldiers. The only the lungs. we are through that we have a thor- problem is it smells like French fries Section 1611 adds particulate matter ough discussion of the bill. But I hope and they get hungry. But given the al- areas to the Congestion, Mitigation, we don’t get off into a bunch of irrele- ternative, that seems to be a good idea. vant amendments that really do not and Air Quality Program. The funds To the extent we get more buses and under this provision are apportioned on trucks using biodiesel, we are going to belong in here but are simply trying to the basis of a ratio of total weighted have greater benefits. be used as a carrot and a stick. That is population of a State’s nonattainment Let me give you two areas where soy not the way it ought to be. or maintenance areas to the total diesel or any biodiesel can be a great In any event, this is a very large bill weighted population of all nonattain- improvement. and it is very detailed. We have talked ment or maintenance areas in the Na- No. 1, firehouses: The fire men and a lot about the details. I want to talk tion. women who live and stay in firehouses a little more generally about it. If you didn’t follow me on that, if a have complained for years. When they This bill, of course, has gone through State has air quality problems in an fire up the firetrucks, they get the die- several committees. The EPW Com- area which is one-twentieth of all of sel fumes coming up into the rest area. mittee, of which I am a member, is the the areas in the Nation, then they Sometimes, our valiant firefighters basic committee where a great deal of would get one-twentieth of the total have to live and sleep in heavily pol- work was done. This is the same com- funds available. luted diesel-fuel-soaked areas. This is mittee that dealt with the previous bill It sounds convoluted, but it really not only unhealthy, but it is very un- 6 years ago, a bill, as it turned out, targets the CMAQ funds to the areas pleasant. Fire stations have been some that worked very well. There is a great with greatest needs. Since many areas of the first places where we have used deal of detail here, but the detail has will need assistance to meet the new 8- biodiesel. It has been extremely pop- to be done in committee, and we need hour ozone standard and the new fine ular. Certainly when we are trying to to now talk about the principles and to particulate matter standard, the CMAQ talk about taking care of our first remove forward with it. formula is modified to include those sponders and the valiant firefighters The bill as reported by the Environ- areas. Adjustment factors are used to who are on the line making sure the ment and Public Works Committee account for the number of pollutants engines and the firetrucks below them would authorize $255 billion over 6 for areas in nonattainment or mainte- are burning a clean-burning feel, it is a years beginning in 2004 to fund the Fed- nance. Section 1611 says CMAQ funds step in the right direction. eral aid for highways, highway safety can be used for alternative fuel infra- Another important area we have programs, and other transportation structure under TEA–21. This bill goes talked a lot about is school bus safety. projects. The last surface transpor- further and encourages the use of When you have kids on school buses, tation authorization was the Transpor- CMAQ funds by listing the purchase of the fumes from petroleum-based diesel tation Equity Act, called ISTEA. We alternative fuel and the purchase of come into that school bus. Do you are moving forward one more time. As biodiesel fuel as eligible activities know where they are the most dan- I said, it replaces an older one, and in- under CMAQ. gerous? They are most dangerous when deed actually even before that in the Due to some confusion in some DOT they are at low levels—where the small early 1990s, we had this same kind of and EPA field and regional offices, we children are. The smallest children are approach with a gas tax. Each of us have also clarified that projects to con- likely to be exposed to petroleum- pays 18.5 cents a gallon of Federal gas trol the extended idling of vehicles are based diesel fumes. tax when we buy gas. That goes into

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.035 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S565 the fund for the purpose of upkeep of scribing this mechanism. The fact is JEFFORDS, and REID have all had input the infrastructure. that all highway tax money will be into this particular piece of legislation. This bill makes significant progress paid in full into the highway trust I appreciate all of them for the work in streamlining the environmental re- fund—no exemptions; no gimmicks. they put into this bill. It is not easy view and delivery process which, as al- Any subsidy that certain taxpayers with input from the Budget Com- ways, is part of the problem. enjoy will stay in place but will be paid mittee, from DON NICKLES, chairman of It encourages communities and from the general fund. Any losses to the Budget Committee. We had input project sponsors to consider environ- the general fund will be covered by new from the Finance Committee, Chair- mental concerns earlier so things can offsets that have been identified by the man GRASSLEY, and also input from the go together and it comes out as a man- Finance Committee. We are taking Commerce, Science, and Transpor- ageable package. some things that should have been tation Committee, which has a small It increases the oversight on the ex- going for years into the highway fund— section involving transportation. penditure side. There is a great deal of gasohol, gas guzzlers, interest on the This is a transportation bill, not just money here. The highway funds are trust fund balance, these kind of things a highway bill. It is a transportation spent by requiring project management that should have been going there— bill. It takes a good deal of coopera- plans and annual financial plans of now we put those in the highway trust tion, working together, to put together Federal programs. That is as it should fund. The general fund does not receive any piece of legislation like this. It is be. Accountability is necessary. them. not simple. Actually, when the Finance Com- To make up for that, we have certain Most Members experienced the same mittee then received the bill, the fund- other changes, including the corpora- thing I have experienced in the State of ing from the gas tax was not complete tion governances, Enron tax shelters, Colorado. The demand and the trans- enough to cover what we hoped to do. that have been going into the general portation needs have increased in each It happened to be about a 6 percent re- fund will now be an offset. We are still, of our States. Over time, the demand duction that had to be filled after it then, as a matter of fact, funding this for transportation mechanisms has came to the Finance Committee. So we highway fund from those kinds of taxes grown throughout the country. The have heard a great deal about that, and that were set in to do the job for high- States have had to work harder to I understand most want to fund the ways. make their dollars stretch further highway bill with funds that come Certainly nothing is more important every year. Transportation projects, from related sources instead of the gen- than highway and transportation infra- whether they are building roads or lay- eral fund. structure in this country. It is very im- ing rail, are simply not cheap. They are I will say a few words about how we portant to everyone. Each State has a getting more expensive with each pass- are paying with that in the highway little different approach to it. Smaller ing year, and the funds required for bill. The Finance Committee reported population States, such as mine, that transportation projects are simply out a mechanism for paying for this have large areas, have fewer people per staggering. bill. This mechanism retains the integ- mile and therefore the cost per person The Finance Committee has produced rity of the highway trust fund. These is higher to keep up the infrastructure. funding mechanisms they believe will are truly transportation-related taxes But it is a Federal and national system be able to fund this bill. We must use that are now deposited in the highway so it needs to go across to Wyoming, the moneys intended for use in building trust fund. Some of the taxes were pre- Nevada, as well as across Pennsylvania roads and mass transit projects. That viously deposited in the general fund. and any other State. is the money in the highway trust In other words, the general fund was These are the kinds of tasks that we fund. getting support for transportation-ori- have undertaken and that have been Some time ago, this Congress decided ented taxes. The Finance Committee resolved in a reasonable manner. Obvi- we need to dedicate a stream of rev- finally righted the wrongs. The taxes ously, not everyone has the same view. enue into the construction of high- should have been funding this trust I mention again, certainly in terms ways. We need to make sure we main- fund for years. Now they will be. of jobs inspiring more development in tain the integrity of that process be- In addition, there are exemptions en- States and having the jobs come about cause it is important. It sends a mes- joyed by certain taxpayers that dimin- quickly, nothing could happen more sage that highways and this type of in- ish the taxes that would otherwise be quickly than in the highway fund. frastructure are important in America. deposited in the trust fund. These are These are some of the details that We have told the American people we exemptions that are subsidies that will be talked about here. The fact is, will use the tax they pay on each gal- have nothing to do with highway pol- as I mentioned, they have gone lon of gas they buy directly for funding icy. The impetus behind the exemp- through three committees and have transportation projects. We must do tions was energy policy and tax policy. been given a great deal of attention. that. However, it is not appropriate to Since they are not highway policy, why Now we should take a look at where we use moneys from the general fund. We should they have the trust fund bear want to be when this highway bill is have to stay true to the fiscally con- the burden? through to see if we can move forward servative obligations we have made for No one is taking issue with these ex- in our States to strengthen this infra- ourselves. We must not add to our emptions of subsidies but rather the structure. country’s deficit as we have an in- funding structure behind them and who I yield to my friend from Colorado. creased demand for transportation pays. The Finance Committee made The PRESIDING OFFICER. The Sen- projects. changes that the exemptions are al- ator from Colorado. That is why I am excited about the lowed, allowing for the highway trust Mr. ALLARD. Mr. President, I thank potential of an amendment on which I fund to legitimately receive the taxes the Senator from Wyoming for his am working. This amendment will that have been due for a very long statement. I have worked with him on allow States to build additional capac- time. The exemptions of subsidies will the Environment and Public Works ity. It is called Fast Lanes. On roads stay in place but now appropriately be- Committee on this important piece of that currently experience problems come the burden of the general fund. legislation. The fact is there are a lot with congestion, you toll only those In addition, the Finance Committee of committees involved in this legisla- lanes. It brings forth a user-pay con- went a step further to authorize new tion. I am thankful the majority leader cept. In other words, if you use these taxes to take up the slack in the gen- brought it to the floor. lanes, you will pay for them. I worked eral fund. The result is that the tax We had a cloture vote to move for- hard to get this amendment adopted in necessary for the highway fund is there ward with the bill. This bill has been committee. It just barely lost by one and those funds are replaced by new before the Banking, Housing, and vote. I hope we can go ahead and get it ones in the general fund so there is an Urban Affairs Committee, with Chair- adopted in the Senate. It gives another equity. man SHELBY, and also before the Envi- mechanism to provide infrastructure in I heard several Senators talk about ronment and Public Works Committee, this country, badly needed infrastruc- funny money and shell games when de- with Chairman INHOFE. Senators BOND, ture, and has a user-pay concept.

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.038 S04PT1 S566 CONGRESSIONAL RECORD — SENATE February 4, 2004 We say on interstate highways you tion was protected, while moving for- bill. I have talked about some of those can build additional lanes on to exist- ward as quickly as possible with a posi- reasons, but let me share with you ing highways and toll the highways, tive bill. I also thank him for his will- some information that indicates how toll them with a mechanism. We use ingness to work closely with me as the people of America think. our high technology so there are no chairman of the Subcommittee on The Zogby International Survey toll booths. As the trucks and cars go Housing and Transportation. Group did a broad-based survey of down the toll lanes, commonly referred Finally, I also thank Senator SAR- American voters. Nearly 70 percent of to as fast lanes, they will receive a bill BANES, the ranking member of the the voters contacted, in February 2003, later for the use they put on the high- Banking Committee, and Senator said they believe America is facing a way. That helps pay for those fast REED, the ranking member of the sub- transportation capacity crisis, that our lanes. It is intended to relieve much of committee of which I chair, for their Nation’s roads, airports, and mass the congestion problem we are seeing work on this particular piece of legisla- transit systems are struggling to han- throughout the United States. tion. Along with their staff members, dle a growing population and economy. The toll would be paid with elec- they have spent a considerable number Fifty-six percent overall and 79 per- tronic technology. There would be no of hours working to achieve consensus cent of young women with children need for a toll booth. The process can on many issues in the bill, and I appre- said traffic congestion is depriving happen quickly, without requiring a ciate their efforts. them of more time with their families or for leisure activities today than just decrease in speed. I was pleased to support the Banking If you wish to use the ‘‘fast lane,’’ Committee’s bill during our markup 5 years ago. I don’t think these answers should you pay the toll and do so. However, if earlier today. I believe it makes impor- surprise any of us. you do not wish to pay the toll, you tant progress in a number of areas. Since 1982, the U.S. population has simply drive in the regular lanes, and First, I am especially supportive of grown by almost 19 percent, the num- that means just sit over in the regular the new growing States formula. For ber of registered motor vehicles has in- lanes for an hour or two on some high- far too long, the transit formulas have creased by 36 percent, and the vehicle ly congested roads. It is your choice. sent the lion’s share of transit dollars miles traveled has ballooned by 72 per- But if you decide it is worth your time to a small number of cities, primarily cent. And—surprise—over the past 20 to go over and pay a toll to go on the located in the Northeast. While we can years we have added less than 5 percent toll lanes, then you can do that. all agree that transit is important to to road capacity, and even less than So this is the advantage of having larger, east coast cities, there is no de- that to public transit. toll lanes. I emphasize that when we nying the need for transit services in a What are the conditions of roads in talk about ‘‘fast lanes,’’ we are not number of rapidly growing cities in the local communities? taking existing Federal highway lanes South and the West. Forty-eight percent of those sur- and putting a toll on them. These are While I believe we still need further veyed by Zogby said they were either new lanes we are putting on the side of adjustments to the formula to even fair or poor. When you move to His- some of our interstate highways. better address the growing States, I be- panic Americans, 75 percent said their One study found that if every State lieve this new formula will finally help communities have either fair or poor participates, this ability for States to growing States begin to address their road conditions. put in these kinds of lanes could raise transportation needs. This is a problem in communities. close to $50 billion to go toward in- I am also extremely pleased to see This is a problem particularly for citi- creasing road capacity. that the bill places a strong emphasis zens who are maybe at a disadvantage I realize that it is unlikely all States on rural transit. While many would in their community. will use this funding mechanism, but if consider ‘‘rural transit’’ to be an This survey’s results come from a a tiny fraction of that is raised, that is oxymoron, in fact, rural areas can poll of over 1,000 voters nationwide, still additional funding for road capac- often face even more acute transpor- with a margin of error of plus or minus ity that does not put an additional fi- tation needs than large cities. 3.2 percent. nancial burden on those who are not Last year, one of my constituents, I think some of the other findings are willing and able to pay it. Larry Worth, testified before the Hous- pretty important. Eighty percent of the people polled I see this ability as simply another ing and Transportation Subcommittee think the Nation’s highways and public tool in the ‘‘toolbox’’ that State de- regarding the need for transit in rural transit networks are extremely impor- partments of transportation can carry areas. He described how rural citizens tant or very important to the U.S. around. My staff continues to work may not have any other alternatives to economy. That is why we are here. with Senator BOND’s staff to see that access medical care, jobs, and vital Eighty percent of our constituents these provisions are included in the services. With 40 percent of American think highways and transportation bill, and I appreciate the assistance counties having no public transpor- networks are important. That is what they have given and their willingness tation, this investment is long overdue. this bill is all about. That is why we to work with us on this particular pro- There are a number of other very want to get everybody together to vision. good provisions in the transit title, but move this bill. Because this is a transportation bill, I will not take the considerable time I urge my colleagues, if you have and not just a highways bill, as so that would be necessary to enumerate problems with particular portions of many incorrectly term it, I would also them all. Suffice it to say that I be- the bill, offer amendments. That is how like to make a few remarks on the lieve the transit provisions will be of this body functions. We would like to mass transit title of the bill. I went great benefit to public transportation have good-faith amendments that seek through the Environment and Public in America. I am pleased to support the to make changes which are necessary Works Committee. I served on that transit title, and I look forward to pas- so we can move forward in a reasonable committee, so I had some input there. sage of the bill, preserving the provi- manner. I serve on the Banking Committee. In sions, and staying within our budget. I think the people of America, par- fact, I am chairman of the Sub- Mr. President, I yield the floor. ticularly the 80 percent who say it is committee on Housing and Transpor- The PRESIDING OFFICER. The Sen- important, deserve to see us vote on tation, so I had some input there. I am ator from Missouri. issues that are of importance to them. also on the Budget Committee. So I Mr. BOND. Mr. President, we are Eight in 10 of the people surveyed want to make a few comments about checking with our colleagues on the agree that an investment in highways, the mass transit side. possibility of setting a judicial nomi- bridges, and public transit should be Before I turn to the specifics of the nation. As soon as we find out whether considered an important element in Banking Committee’s bill, I would like that is acceptable, we will ask consent. homeland security and national de- to acknowledge the efforts of Senator Mr. President, we have heard lots of fense. SHELBY. As chairman of the Banking reasons why this bill is not a good bill, Ninety percent believe it is impor- Committee, he has worked diligently why we don’t want to go to this bill, tant that their representatives in Con- to make sure the committee’s jurisdic- why we shouldn’t be moving a highway gress fight to ensure sufficient Federal

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.041 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S567 funding for transportation improve- stantial new investments in highway Mr. REID. Mr. President, reserving ment projects in their local areas. I and public transportation capacity, the right to object, I ask my friend if think some States must be lower than transportation operations across the he would be willing to modify this. We that because I think in my State it is Nation, the economic cost of traffic have been asking people to come over higher than 90 percent. So some may congestion in the Nation, lost produc- and offer amendments. Senator DOR- have only 80 percent who think it is tivity, wasted motor fuel will grow GAN is here to offer a germane amend- important. from about $67.5 billion in 2000 to al- ment. He only wants 8 minutes to Two-thirds of Americans say roads most $100 billion by 2009. That is one of speak to offer his amendment. I ask and public transit play a vitally impor- the reasons we seek to have the invest- that the consent request be modified to tant role in their life. ment. Yes, $255 billion is a large have the pending amendment set aside These are scientific surveys that amount. It is not all going to high- and that Senator DORGAN be allowed to merely confirm what I and many of my ways. It comes from highway user offer his amendment and speak for up colleagues already know: If you go taxes, but it goes to mass transit; it to 8 minutes, and then we adopt the back to your home State and have a goes to congestion mitigation; it goes Senator’s consent as indicated. meeting about highway and transpor- to scenic easements, to other things I would also say that I am not sure tation funding, you better get a big that improve the environment in which anybody is going to use any time on hall. I have had people come out to fill we live. our side on the nomination anyway. I any hall that I have scheduled a meet- If we don’t make these investments, think adequate time will be preserved. ing in to talk about it because they the Texas Transportation Institute The PRESIDING OFFICER. Is there want to know more. They know it is forecasts that over this period the av- objection to the modification? important. I think this is vitally im- erage road speed in America’s 675 larg- The Senator from New Hampshire. portant. est urban communities will fall from Mr. GREGG. I would ask what the I know there are some who may take about 42.3 miles per hour to 40.3 miles Durbin amendment does and does not a different view. Some people claim per hour. If you believe, as I do, that do. building more roads just causes more time is money, that reduction will con- Mr. REID. The Dorgan amendment traffic. They even say you can’t build tinue to grow what is really a hidden deals with farmers’ transportation of your way out of traffic congestion. tax levied on American consumers as hazardous products. I have just glanced They are the zero sum game people, the transportation labor productivity de- at it. It appears there is an inordinate creases and costs increase. ones who say there will just be more burden placed upon farmers to transfer Another one of the problems we have congestion. a load of gas to their farms. with congestion is pollution. The good Well, congestion is getting worse at a Mr. GREGG. What would the amend- news, according to the U.S. Environ- frightening pace in America. I believe ment of the Senator from North Da- mental Protection Agency data, is that the primary reason is a lack of ade- kota be to? Mine was a second-degree motor vehicle emissions have declined quate highway and public transpor- dramatically since the 1970s, thanks in amendment, I believe. Mr. REID. We are just laying what is tation capacity, not only in our major part to the developments in new auto- urban and suburban areas but in rural motive and motor fuels technology. pending aside. His would be a separate, areas as well. As I have said several Emissions of carbon monoxide are independent amendment to the sub- times, that is why we are killing people down 45 percent since 1970, volatile or- stitute that is now pending. in Missouri. We don’t have adequate ganic compound emissions are down 60 Mr. GREGG. And after his was dis- highway transportation, particularly percent, particulate matter emissions posed of, mine would be properly in in rural areas. are down 47 percent, nitrogen oxide order; is that not correct, Mr. Presi- Even as we spend more wasted time emissions are down 5 percent, and lead dent? sitting in gridlocked traffic, many emissions have been eliminated. Mr. REID. That is right. well-intentioned Americans, spurred on The bad stuff is being reduced. We The PRESIDING OFFICER. Does the by the rhetoric of some of the extreme are getting the bad stuff out. This re- Senator from Missouri agree to the advocacy groups who want us all to markable environmental achievement, modification? ride bicycles—and I love to ride bicy- which is responsible for most of the air Mr. BOND. Reserving the right to ob- cles, but those won’t get me to work quality improvement in the United ject, there is some question on this side and back, particularly when we have States over the past three decades, was about the amendment being an amend- icy roads, as we do here, or when we accomplished at the same time the ment to the commerce title, and at have to take more people with us—are number of licensed motor vehicles in this point we are not prepared to give convinced that adding road capacity the United States grew 87 percent and consent to that. We want to work with only causes more traffic congestion, total vehicle miles traveled soared by the Senator who has been working in more air pollution, more waste of pre- 125 percent. Unfortunately, traffic con- good faith, but I have been asked, since cious fuels. gestion is retarding clean air progress this is a matter that relates to a dif- I think the answer to that is very just as it is retarding American pro- ferent section of the bill, to hold off. clear: Research data from the U.S. En- ductivity and economic growth. We can work through this if we can go vironmental Protection Agency, U.S. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE with the original consent. Department of Transportation, and the CALENDAR The PRESIDING OFFICER. Objec- Texas Transportation Institute and Mr. BOND. Mr. President, as in exec- tion is heard to the modification. Is common sense, if you and I just sit utive session, I ask unanimous consent there objection to the original consent back and think about it, proves just that at 3:55 today, the Senate proceed request? about the opposite. The real problem is to executive session to consider the fol- The Senator from North Dakota. our lack of resolve to provide meaning- lowing nomination on today’s Execu- Mr. DORGAN. Reserving the right to ful solutions to traffic congestion tive Calendar: Calendar No. 457, the object, if I might be recognized fol- through new capital and operational nomination of Mark Filip to be U.S. lowing the vote to offer the amend- investments. The failure to do so actu- District Judge for the Northern Dis- ment, that is fine. You may want to ally results in tons of unnecessary air trict of Illinois. work on this amendment some. It is pollution and billions of gallons of I further ask unanimous consent that not an amendment of great moment ex- wasted motor fuel. following 5 minutes for debate equally cept to family farmers who are con- The Zogby poll found that 70 percent divided between the chairman and cerned about this. I would like to be of America is facing a transportation ranking member or their designees, the able to offer the amendment. I have capacity crisis, and all of these people Senate proceed to a vote on the con- been down in the capital office hearing realize we need, as a nation, the invest- firmation of the nomination; further, the Senator talk about the need for ment in transportation. that following the vote, the President people to come up and offer amend- Talk about a drag on the economy, be immediately notified of the Senate’s ments. This is a germane amendment. I according to the Texas Transportation action and the Senate then return to would love to offer it and be able to de- Urban Mobility Report, absent sub- legislative session. bate it. In any event, if we go ahead

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.044 S04PT1 S568 CONGRESSIONAL RECORD — SENATE February 4, 2004 with this vote, which is fine with me, if the Senate proceed to a vote on the tigious Phi Beta Kappa fellowship. I could be recognized following this confirmation and, following the vote, After graduating from U of I, he won vote to offer my amendment, I would the President be immediately notified the highly sought after Marshall Schol- very much appreciate that. of the Senate’s action and the Senate arship to attend Oxford. While there, I would ask the Senator from Mis- return to legislative session. he received a B.A. and M.A. in jurispru- souri whether I might be recognized The PRESIDING OFFICER. Is there dence and won first class honors at Ox- following the vote. objection? ford. Returning from his Marshall Mr. BOND. Mr. President, on this Without objection, it is so ordered. scholarship to the United States, he side I am not authorized to enter into f matriculated at the Harvard Law that type of UC. I assure the Senator School. He did similarly well at Har- EXECUTIVE SESSION and my colleagues on the other side we vard. He became an editor of the Har- will work with them. There is a con- vard Law Review. cern about moving into the commerce NOMINATION OF MARK R. FILIP In Mark Filip’s second year at Har- title. We will work with him if we can TO BE U.S. DISTRICT JUDGE FOR vard, he won the Sears Prize, which is move forward on the consent for the THE NORTHERN DISTRICT OF IL- given annually to the two students of judge vote; then we will work on this, LINOIS the second year class who achieved the if we can get consent for that. highest grades. Ultimately, in the The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The early 1990s, Mark Filip graduated objection? clerk will state the nomination. magna cum laude from Harvard Law The Senator from Nevada. The legislative clerk read the nomi- School. Mr. REID. Reserving the right to ob- nation of the Mark R. Filip, of Illinois, He began his professional career in ject, I will go along with what the Sen- to be U.S. District Judge for the North- Chicago, serving as an associate at ator from Missouri requests. It is kind ern District of Illinois. Kirkland & Ellis, one of the best and of unfair to the Senator from North The PRESIDING OFFICER. Who oldest firms in Chicago. After a couple Dakota. We have been begging people yields time? of years in the Kirkland & Ellis Chi- to offer amendments. He shows up to The Senator from Illinois is recog- cago office, he moved to the U.S. At- offer one and now we cannot do it. It nized. torney’s Office and became an assistant doesn’t seem very fair. We may be Mr. FITZGERALD. Mr. President, I U.S. attorney in the Northern District waiting a long time based upon state- take just a few moments to introduce of Illinois, where he gained a lot of ex- ments by the chairman in the Cham- to my colleagues the nominee on whom perience in a wide variety of criminal ber. I am happy— we are going to be voting in a couple of cases that he prosecuted successfully, Mr. DORGAN. Mr. President, reserv- minutes. I recommended Mark Filip to including racketeering, white-collar ing the right to object—and I will not President Bush. President Bush nomi- crime, public corruption, tax fraud object—if you want Members to come nated him. Senator DURBIN concurred cases; and he successfully defended the to the floor with germane amendments, in my recommendation to President U.S. Attorney’s Office on appeal in I am here. I have been hearing that a Bush. I thank Senator DURBIN for his many of those cases. lot today. I have one and it is not a big support in this effort. I also thank Mark Filip returned to the private amendment. What I hear being said at Chairman HATCH and Senator LEAHY on sector. After leaving the U.S. Attor- the moment is perhaps you want to go the Judiciary Committee, and all mem- ney’s Office, he became an associate at through this bill by title, which is bers of the Judiciary Committee, for Skadden Arps in 1999, and in 2001 he be- something I have not heard before. It helping to move this nomination for- came a partner at Skadden Arps. should be open to amendment at any ward to the floor. In recent years, he has been an ad- point. That is the reason that, for the I think one of the most difficult junct professor of law at Northwestern last hour or so, I put this amendment tasks most of us have in the Senate is University and the University of Chi- together. finding outstanding nominees to the cago Law School, both outstanding in- My hope is that the Senator from Federal judicial branch of Government. stitutions. Missouri and those managing will un- In many cases, at least from my per- Now, again, I emphasize how de- derstand, when we are ready to offer an spective, the choice has been very dif- lighted I am to be able to present to amendment, you ought to welcome it. I ficult. Oftentimes, we will get 80 appli- my colleagues in the Senate such a hope when I seek recognition, you will cants for a single district court judge- well-qualified nominee, Mark Filip, allow me to offer it. I expect to speak ship opening in Chicago and you have who is a very young man. He has four 8 or 10 minutes. If you want to lay it to pick just one person. That one per- children, who range in age from 8 aside then and work on it, I am happy son, obviously, is very happy and you months to 6 years. He is in his late to do that. I shall not object. have many others who are disappointed thirties, and I expect that if he goes on The PRESIDING OFFICER. Is there that they did not get chosen. the district court in Chicago at this objection to the request by the Senator In this case, I was elated to find a early age, he may well have the oppor- from Missouri? person of such outstanding credentials tunity to rise to the circuit court of Mr. REID. Mr. President, when are that I could wholeheartedly rec- appeals. we going to have the vote? It is past 4 ommend him to the President. I think I neglected to mention that between o’clock. in the case of this nominee, Mark R. law school and his professional career, Mr. BOND. I believe at this point it is Filip, we are in fact lucky to have he had two very prized judicial clerk- necessary to revise the unanimous con- someone of his caliber who is willing to ships. He served as a law clerk to Ste- sent. First, I say to my friend from leave a very lucrative practice in the ven Williams on the DC Court of Ap- North Dakota that the title he wants private sector. He is now a partner at peals and then as a law clerk for Su- to amend has not been offered. That is Skadden Arps’ Chicago office. He is preme Court Justice Scalia. a problem on which we are going to willing to leave that very prestigious I am confident, having researched have to work. We have only offered the position to move into public service and talked to all those he has worked EPW portion. and become a district court judge in with over the years, that there is no I asked unanimous consent that the Northern District of Illinois. question he will make a superior dis- there be 5 minutes equally divided be- Mark Filip lives in Winnetka, IL, trict court judge. tween the chairman and the ranking with his wife Beth. They have four Mr. President, I yield the floor. member and, thereafter, there be a sons. Mr. LEAHY. Mr. President, today, we vote on the nomination of Mark R. Mark grew up in Chicago and at- are considering the nomination of Filip, of Illinois, to be U.S. District tended the University of Illinois at Mark filip to the U.S. District Court Judge for the Northern District of Illi- Champaign. He graduated summa cum for the Northern District of Illinois. nois. laude from the University of Illinois. The vote today on Mr. Filip is the sec- I renew my request. Following the 5 While there, he received many aca- ond vote on a judicial nominee this minutes, I ask unanimous consent that demic fellowships, including the pres- year, and demonstrates the Democrats’

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.046 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S569 remarkable cooperation on judicial them around and to people outside of This week, the chairman of the Sen- nominations despite years of intensi- the Senate. This is no small mistake. ate Judiciary Committee will hold a fied Republican partisanship and It is a serious breach of trust, morals, third hearing for circuit court nomi- unilateralism. the standards that govern Senate con- nees. Traditionally, the number of Over the past 2 weeks, I have shared duct and possibly, criminal laws. We do nominees who have received hearings with the Senate several disappointing not yet know the full extent of these and who are confirmed in a Presi- developments regarding judicial nomi- violations. But we do need to repair the dential election year has been lower nations: The Pickering recess appoint- loss of trust brought on by this breach than in other years. In 1996, only four ment, the renomination of Claude of confidentiality and privacy if we are circuit court nominees by President Allen, and the theft of Democratic of- ever to be able to resume our work in Clinton received a hearing from the fices’ computer files by Republican the spirit of cooperation and mutual Republican Senate majority all year, staff. In spite of all those affronts, Sen- respect that is so necessary to make and it took until July 31 to have a ate Democrats cooperated to confirm a progress. hearing for the third circuit court nominee last week and are cooperating This is an administration that prom- nominee. By that standard, Chairman to confirm another district court nomi- ised to unite the American people but HATCH has now moved seven times nee today. We do so without the kinds that has chosen time and again to act more quickly than he did for President of delays and obstruction that Repub- with respect to judicial nominations in Clinton’s nominees in 1996. licans used with President Clinton’s ju- a way that divides us. This is an ad- In 2000, only five circuit court nomi- dicial nominees. ministration that squandered the good- nees by President Clinton received a Last week, I discussed the recess ap- will and good faith that Democrats hearing from the Republican Senate pointment of Judge Charles Pickering showed in the aftermath of September majority. Of course, two of those out- to the U.S. Court of Appeals for the 11, 2001. This is an administration that standing and well-qualified nominees Fifth Circuit, which was President refused to acknowledge the strides we in 2000 were never allowed to be consid- Bush’s most cynical and divisive ap- made in filling 100 judicial vacancies ered by the committee or the Senate. pointment to date. That appointment under Democratic Senate leadership in By contrast, as of tomorrow we will is without the consent of the United 2001 and 2002 while overcoming anthrax have held hearings for three circuit States Senate and is a particular af- attacks and in spite of Republican mis- court nominees. By the standard Re- front to the many individuals and treatment of scores of qualified, mod- publicans set in 1996 and 2000, we would membership organizations representing erate judicial nominees of President be done for the entire year. African-Americans in the Fifth Circuit Clinton. I congratulate the Democratic Sen- who have strongly opposed this nomi- Democratic cooperation with the ators on the committee for showing a nation. Never before had a judicial President’s slate of judicial nominees spirit of cooperation and restraint in nomination rejected by the Judiciary has been remarkable in these cir- the face of a White House and Repub- Committee after a vote been resub- cumstances. With the overall coopera- lican majority that so often has re- mitted to the Senate, but this Presi- tion of Senate Democrats, which par- fused to consult, compromise or concil- tisan Republicans are loath to concede, dent took that unprecedented step last iate. I regret that our efforts have not this President has achieved record year. Never before has a judicial nomi- been fairly acknowledged by partisan numbers of judicial confirmations. De- nation debated at such length by the Republicans and that this administra- spite the attacks of September 11 and Senate, and to which the Senate has tion continues down the path of con- their aftermath, as of today, the Sen- withheld its consent, been the subject ate will have confirmed 171 of Presi- frontation. While there have been con- of a presidential appointment to the dent Bush’ nominees to the Federal troversial nominees whom we have op- Federal bench. The Pickering recess bench. This is more judges than were posed as we exercise our constitutional appointment is another dangerous step confirmed during President Reagan’s duty of advice and consent to lifetime down the Republican’s chosen path to entire first 4-year term. Thus, Presi- appointments on the Federal bench, we erode judicial independence for the dent Bush’s 3-year totals rival those have done so openly and on the merits. sake of partisanship and their ideolog- achieved by other Presidents in 4 For the last 3 years I have urged the ical court-packing efforts. years. That is also true with respect to President to work with us. It is with The second disappointing develop- the nearly 4 years it took for President deep sadness that I see that this ad- ment I spoke about last week was the Clinton to achieve these results fol- ministration still refuses to accept the renomination of Claude Allen as a lowing the Republicans’ taking major- Senate’s shared responsibility under nominee to the fourth Circuit. Two ity control of the Senate in 1994. the Constitution and refuses to appre- weeks ago, the President sent the nom- The 69 judges confirmed last year ex- ciate our level of cooperation and ination of Claude Allen back to the ceeds the number of judges confirmed achievement. Senate. From the time this nomination during any of the 6 years from 1995 to That we are proceeding to confirm was originally made to the time it was 2000 when Republicans controlled the Mark Filip today is another example of returned to the President last year, the Senate during the Clinton Presidency, extraordinary Democractic coopera- Maryland Senators have made their po- years in which there were far more vation to fill vacancies in the Federal ju- sition crystal clear. This Fourth Cir- cant Federal judgeships than exist diciary, despite the Republicans’ con- cuit vacancy is a Maryland seat and today. Among those 69 judges consistent and unprecedented attacks. Un- ought to be filled by an experienced, firmed in 2003 were 13 circuit court fortunately, Mark Filip is another qualified Marylander. Over the Senate judges. That exceeds the number of cir- young, Federalist Society member recess, the White House had ample cuit judges confirmed during any of whose record raises concerns, just as time to find such a nominee. This re- 1995, 1996, 1997, 1999, and 2000, when a the record of far too many of President fusal to compromise is just another ex- Democrat was President. Bush’s judicial nominees. ample of the White House engaging in The Senate has already confirmed 30 First, Mr. Filip is only 37 years old. partisan politics to the detriment of an circuit court judges nominated by He has been out of law school less than independent judiciary President Bush. This is a greater num- 12 years and just a decade ago he was Third, last week, I also mentioned ber than were confirmed at this point clerking across the street for Justice with disappointment the ongoing fall- in the presidencies of his father, Presi- Scalia. Second, his record dem- out from the cyber theft of confidential dent Clinton, or the first term of Presi- onstrates a partisan, political back- memoranda from Democratic Senate dent Reagan. Vacancies on the Federal ground. Mr. Filip worked as a volun- staff. This invasion was perpetrated by judiciary have been reduced to the low- teer Republican election monitor in Republican employees both on and off est point in two decades and are lower Broward County, Florida during the the committee. As revealed by the than Republicans allowed at any time manual recount of ballots in the con- chairman, computer security was com- during the Clinton Presidency. In addi- tentious 2000 election. Mr. Filip has promised and, simply put, members of tion, there are more Federal judges also made several contributions to Re- the Republican staff took things that serving on the bench today than at any publican candidates and political ac- did not belong to them and passed time in American history. tion committees. While in law school,

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.018 S04PT1 S570 CONGRESSIONAL RECORD — SENATE February 4, 2004 he was vice president of the Harvard and that would have limited Congress’ into virtual immunity from suit’’ and Law School Federalist Society and he authority under the Commerce Clause. noted that ‘‘the President is not ‘above authored an article entitled ‘‘Why In this case, decided in December, the the law,’ he is subject to judicial proc- Learned Hand Would Never Consult question was whether a core function ess.’’ Legislative History Today.’’ In this ar- of municipal government—the provi- The full D.C. Court of Appeals denied ticle, Mr. Filip argues that legislative sion of firefighting services—impacts Vice President CHENEY’s petition for history should be rejected by judges be- interstate commerce such that an indi- rehearing en banc. Judge Roberts dis- cause it reflects nothing more than the vidual can be indicted under a Federal sented. He would have indulged the desires of congressional staff and lob- antiarson statute for destroying a fire Vice President’s desperate attempts to byists, and because it does not reflect station. The majority Sixth Circuit avoid compliance with court orders by the majority will of Congress. More im- panel held that the fire station was granting a motion for rehearing, de- portant, Mr. Filip wrote that, when used in an activity affecting interstate spite the fact that the D.C. Circuit’s confronted with statutory language commerce, relying on the express lan- five judge majority was the fourth that would lead to an absurd result, a guage of the statute. panel of judges to hold that these judge should apply his or her own rea- Judge Sutton’s dissent is a remark- records must be made available. soning rather than legislative history. able opinion whose beginning evidences A third example of a recently con- The senior Senator from Illinois met that he has turned his passionate advo- firmed Bush nominee who has contin- with Mr. Filip to address his back- cacy into judicial activism. His opinion ued to pursue his ideological and polit- ground and suitability to be a Federal begins, ‘‘Some say the world will end in ical agenda on the bench—as many of judge. fire, Some say in ice.’’ Judge Sutton us feared at the time of his Senator DURBIN is a thoughtful man concludes that the Federal arson law nonimation—is Judge Dennis Shedd. and I respect his judgment. Senator only applies to buildings with an ‘‘ac- Judge Shedd wrote the opinion in a rul- DURBIN’s willingness to supply this tive employment for commercial pur- ing so hostile to organized labor that nomination says alot. I am hopeful poses,’’ thereby seeking to narrow the one of the most conservative judges on that Mr. Filip will be a person of his law significantly. His opinion force- that court harshly stated that Shedd’s word; that he will follow the law and fully states that to ‘‘conclude other- opinion ‘‘overstepped [the] boundaries not seek out opportunities to overturn wise is to embrace the view that even of a reviewing court.’’ precedent or decide cases in accord the most attenuated connections to In this case, the National Labor Re- with his private beliefs rather than his commerce will suffice in prosecuting lations Board and an administrative obligations as a judge. I also sincerely individuals under this statute.’’ In law judge found that an employer had hope that Mr. Filip will treat all those Judge Sutton’s view, arson is a local unlawfully solicited nine of its employ- who appear before him with respect, crime and the ‘‘National Legislature’’ ees to sign antiunion statements and and will not abuse the power and trust had not clearly conveyed its purpose to had unlawfully withdrawn recognition of his position. Sometimes, we take a regulate an area traditionally regu- of the union. Judge Shedd ignored the risk allowing a nominee to be con- lated by the States. applicable standard of review and as- firmed. This is, frankly, one of those Ironically, his dissent cautions that serted his own view of the facts to con- times. ‘‘Federal courts should not casually clude that the NLRB had erred in its Unfortunately, the Senate has taken read a statute in a way that alters the determination. Approaching the case a risk and confirmed other nominees of Federal-State balance.’’ However, he from a position hostile to organized this President who assured the com- himself ignores the plain language of labor, Judge Shedd ‘‘reconstructed’’ mittee that they would follow prece- the statue and legislative history in his the facts of the case, and allowed an dent and would not be results-oriented. attempts to do just that—to alter the employer, who had previously been In their brief time on the bench, they balance in a way that favors his own found to have used illegal tactics in have already proven to be judicial ac- personal and ideological view of States’ order to decertify a union, to escape tivities eager to roll back individual rights. any responsibility. Judge Wilkinson’s rights and limit the authority of Con- John Roberts is a second controver- strong dissent highlighted the exper- gress to protect civil rights. A number sial nominee who, in his few months on tise of the NLRB in examining an em- of President Bush’s 30 circuit court the bench, has already displayed a pref- ployer’s conduct and that the review- nominees already confirmed by the erence for pursuing political and ideo- ing court’s role was limited to deter- Senate have written significant opin- logical goals above following prece- mining whether the NLRB had taken a ions that show their bias in favor of dent. Judge Roberts recently issued a permissible view of the evidence. powerful business interests over indi- troubling dissent from a decision by In other cases, as many of us had vidual Americans. the full D.C. Circuit that would have feared, President Bush’s circuit court For example, Jeffrey Sutton was one indulged another request by the Bush nominees are already handing down de- of Bush’s most controversial appellate administration to keep secret the cisions to roll back individual rights, court nominees to be confirmed. At the records of Vice President CHENEY’s en- civil rights and Congress’ authority. time of his nomination, his record ergy task force. Among these are: raised serious concerns. He had aggres- The case was part of a continuing ef- A majority opinion by Judge Gib- sively pursued a national role as the fort on behalf of the Vice President to bons, on the Sixth Circuit, which fails leading advocate of States’ rights and avoid compliance with numerous court to provide accommodation to a person pushed extreme positions in order to orders requiring him to provide records with multiple sclerosis under the limit the ability of Congress to act to of his meetings with the National En- Americans with Disabilities Act; prevent discrimination and protect ergy Policy Development Group. Two A dissent by Judge Shedd in a bank- civil rights. His answers to questions nonprofit organizations brought litiga- ruptcy case, which would have led to posed by Judiciary Committee mem- tion claiming that the Vice President’s foreclosure on a family farm—a deci- bers did not show that he would be able task force had violated Federal law by sion which the majority said ‘‘misses to put aside his years of passionate ad- not making its records public. In order the mark’’; and vocacy in favor of States’ rights and to maintain the secrecy of these A dissent by Judge Rogers in a Title against civil rights. After a lengthy records, the Vice President had filed an VII case involving illegal retaliation floor debate, he was confirmed by a emergency petition for a remedy that against an African-American employee vote of 52–41, which was the fewest the majority noted ‘‘is a drastic one, to which would have made it difficult for votes in favor of any judicial nominee be invoked only in extraordinary situa- any employee to present their retalia- in the last 20 years and more than tions.’’ The majority in the case stated tion claims to a jury. enough negative votes to have sus- that, were they to accept the Vice The President has claimed time and tained a filibuster. President’s arguments, they would in again that he seeks only to fill the In less than 1 year on the bench, he effect ‘‘have transformed executive bench with judges who will follow the has already issued a dissenting opinion privilege from a doctrine designed to rule of law. He claims that he ‘‘has no essentially in favor of States’ rights protect Presidential communications litmus test’’ for determining who will

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.020 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S571 and will not be appointed—that he The clerk will call the roll. The Senator from North Dakota. makes his decisions based on the quali- The assistant legislative clerk called AMENDMENT NO. 2267 fications of the candidates. Despite the roll. (Purpose: To exempt certain agricultural these statements, the President’s Mr. REID. I announce that the Sen- producers from certain hazardous mate- nominees seem to have certain striking ator from North Carolina (Mr. ED- rials transportation requirements) similarities. They seem to favor power- WARDS), the Senator from South Caro- Mr. DORGAN. Mr. President, prior to ful interests over individuals. They lina (Mr. HOLLINGS), the Senator from the vote I indicated I had an amend- favor States’ rights over civil rights. Massachusetts (Mr. KERRY), and the ment. I want to begin the discussion And many of them are all loyal Fed- Senator from Connecticut (Mr. very briefly of the amendment. The eralist Society members and com- LIEBERMAN) are necessarily absent. amendment is one I have worked on for mitted to the political agenda of the I further announce that, if present some while. It deals with a relatively most conservative wing of the Repub- and voting, the Senator from Massa- small issue with respect to the context lican Party. The Senate’s constitu- chusetts (Mr. KERRY) would vote of this bill, but a rather large issue for tional duty to provide advice and con- ‘‘yea.’’ family farmers. Let me describe what sent on judicial nominations is vital in The PRESIDING OFFICER. Are there it is. these circumstances—Federal judges any other Senators in the Chamber de- There was a justifiable effort to ad- must be devoted first and foremost, not siring to vote? dress issues dealing with homeland se- The result was announced—yeas 96, to a political platform or certain par- curity by the Department of Transpor- nays 0, as follows: ties, but to the rule of law, the Con- tation. They issued regulations that stitution, and the basic principles of [Rollcall Vote No. 8 Ex.] would regulate the shipment and trans- fairness and justice. YEAS—96 port of hazardous material in com- If we are to allow the President to Akaka DeWine Lott merce in amounts that require the Alexander Dodd Lugar shipment to be placarded and also to pack the courts with political party Allard Dole McCain loyalists and radical right-wing Allen Domenici McConnell implement security plans for that ship- ideologues, we will cease to have a Baucus Dorgan Mikulski ment. Government of laws and will end up Bayh Durbin Miller The difficulty and the problem is Bennett Ensign Murkowski with a Government controlled by the Biden Enzi Murray this. The way the Department of views of a few. We would risk having a Bingaman Feingold Nelson (FL) Transportation developed this rule, the judiciary that functions as a rubber Bond Feinstein Nelson (NE) rule will apply to family farmers, for Boxer Fitzgerald Nickles example, who have a 120-gallon fuel stamp for any right wing argument, Breaux Frist Pryor policy, or political goal sought to be Brownback Graham (FL) Reed service tank in the back of their pick- achieved via the courts. Bunning Graham (SC) Reid up truck. Those farmers are not going Yet, despite the troubling records of Burns Grassley Roberts to have a security plan for that pickup Byrd Gregg Rockefeller so many of Bush’s confirmed judges Campbell Hagel Santorum truck and for that service tank. and the other disappointing develop- Cantwell Harkin Sarbanes It is perfectly logical to want to reg- ments this year, Senate Democrats Carper Hatch Schumer ulate for safety purposes the shipment Chafee Hutchison Sessions of hazardous materials. have confirmed vast members of nomi- Chambliss Inhofe Shelby nees who have come to the Senate floor Clinton Inouye Smith Let me give you an example of where and are today again making sure that Cochran Jeffords Snowe this goes when the definitions are not the process of judicial appointments Coleman Johnson Specter carefully crafted. I was a senior in high Collins Kennedy Stabenow school when myself and two of my best moves forward. Democrats have not ob- Conrad Kohl Stevens structed the confirmation process for Cornyn Kyl Sununu friends decided to go to the Black Hills judicial and executive branch nomina- Corzine Landrieu Talent of South Dakota for a weekend. It was Craig Lautenberg Thomas a pretty big deal for us. We took a tions as Republicans did when Presi- Crapo Leahy Voinovich dent Clinton was in office. Today, we Daschle Levin Warner pickup truck and we had a 120-gallon proceed to confirm a judicial nominee Dayton Lincoln Wyden service tank full of gasoline. We had a in spite of the President’s recent ac- NOT VOTING—4 few dollars, and we bought 120 gallons of gasoline and a relatively new pick- tions, those of Senate Republicans, and Edwards Kerry serious reservations about this nomi- Hollings Lieberman up, for three seniors in high school. We were prepared to have a pretty good nee. The nomination was confirmed. Mr. Filip’s nomination was reported The PRESIDING OFFICER. The time. If that happened today, we would favorably to the Senate last October. President will be notified of the Sen- under the current rules be required to Had the Republican leadership wanted ate’s action. have a security plan in place prior to to proceed on it, this nomination could The Senator from Nevada. taking our pickup truck and 120 gal- easily have been confirmed in October, Mr. REID. Mr. President, very brief- lons of regular gasoline on our trip to November, or December last year be- ly, we have just approved the 171st the Black Hills of South Dakota. Three fore the Senate adjourned. Instead, judge during the Bush administration. high school seniors are not going to partisans chose to devote 40 hours to a There have been 171 judges approved. have a security plan to get enough gas- talkathon on the President’s most con- To my knowledge, there have been four oline to go to the Black Hills and have troversial and divisive nominees rather he submitted who have not been ap- a good time. Why would we need a se- than proceed to vote on those judicial proved, other than those who are going curity plan? Because anything over 110 nominees with the support of the Sen- through the committee process. So the gallons of fuel, propane, chemicals, or ate. The delay in considering this nom- score is 171 to 4. A good average, I hazardous materials will be required to ination is the responsibility of the Re- think. have a security plan. Forget about three seniors who went to the Black publican leadership. f I congratulate Mark Filip and his Hills. family on his confirmation. SAFE, ACCOUNTABLE, FLEXIBLE, How about a farmer who has that 120- The PRESIDING OFFICER. The AND EFFICIENT TRANSPOR- gallon service tank in the back of his question is, Will the Senate advise and TATION EQUITY ACT OF 2003 pickup truck who stops at a local cafe consent to the nomination of Mark R. The PRESIDING OFFICER. Under and goes in to buy a cheeseburger? He Filip, of Illinois, to be a U.S. District the previous order, the Senate will con- is in violation of this rule by the De- Court Judge for the Northern District tinue consideration of S. 1072. partment of Transportation unless he of Illinois? The Senator from Missouri. can physically see his pickup truck Mr. LEAHY. Mr. President, I ask for AMENDMENT NO. 2265 WITHDRAWN through the window because he will be the yeas and nays. Mr. BOND. Mr. President, I withdraw required to have a ‘‘security plan’’ and The PRESIDING OFFICER. Is there a amendment 2265. have a placard. sufficient second? The PRESIDING OFFICER. The Sen- Again, when I was a young boy, my There is a sufficient second. ator has that right. dad sent me to Dickinson, ND to get 5

VerDate jul 14 2003 00:01 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.023 S04PT1 S572 CONGRESSIONAL RECORD — SENATE February 4, 2004 or 6 30-gallon drums of spray pesticides That is also in the piece of informa- with this. They really effectively can- and herbicides. It is done all the time. tion from the University of Illinois Ex- not comply with it. The Department of That would, of course, violate the rule tension Service. Transportation has indicated to some these days unless I had a security plan First of all, when the Department of that they would probably not enforce for my trip to Dickinson to pick up 4 or Transportation does a rule, you would it. You have the Agriculture Extension 5 30-gallon drums of chemicals to spray expect they would do it right side up. Service telling farmers, here is what on the crops in the field near Regent, You do the consultation first. Then you have to do to comply with the rule ND. you develop the rule having knowledge that is virtually unenforceable and That is what this rule now would proof how people react to it and what really doesn’t make any sense. vide. It is a bad rule. It does not mean, their notion is of how it should work When we see things here that do not in my judgment, to include family and how it would apply. In this case, meet a test of common sense, what we farmers. It doesn’t mean to put them apparently they wrote a rule dealing ought to do is legislate and change it. in handcuffs with respect to the way with hazardous material transpor- That is what I propose to do with re- they handle chemicals and propane and tation, including basic fuels and chemi- spect to the hazardous materials trans- gasoline. But in fact it does. I don’t cals, and now are beginning to consult portation requirements. want farmers to be in violation of the with others about how this would im- Let me again say I believe there is a rule or in violation of the law. I don’t pact family farmers. requirement for us to be concerned think the Department of Transpor- I am offering an amendment that about the movement of hazardous ma- tation or the Congress, in imple- clarifies using the definition of family terials in our country. I fully support menting this rule, anticipated this farmers in the farm bill, and that this the Department of Transportation. kind of burden with respect to family does not apply to family farmers in the They have a difficult and vexing job to farms. routine business of family farming. try to respond to all of these things. Somebody with a pickup truck and a In fact, the University of Illinois Ex- But this particular rule does not meet service tank in the back full of gaso- the requirements, and does not meet tension Service put out an extension line that is moving around is not going agriculture update. Let me describe the test of common sense dealing with to have to have a security plan to do family farmers. what it says. It states the rule by DOT that. Someone who is hauling a few 30- says persons, including farmers, who I have not yet offered the amend- gallon drums of chemicals from the ment. I would like to send the amend- ship or transport hazardous materials shop in town out to their farm doesn’t in commerce in amounts that require ment to the desk. need a security plan to do that. If we The PRESIDING OFFICER. The the shipment to be placarded, must de- are going to have every family farm de- clerk will report. velop and implement security plans by veloping security plans, who is going to The assistant legislative clerk read September 25, 2003. Examples of mate- enforce that? Who is going to inspect as follows: rials to which the security plan apply it? Who is going to determine whether include explosives such as dynamite, The Senator from North Dakota [Mr. DOR- it meets DOT inspections and require- GAN] proposes an amendment numbered 2267. detonators, pesticides, fertilizer, hy- ments and specifications? Mr. DORGAN. Mr. President, I ask drous ammonia, ammonia nitrate, and I just think this is a circumstance fuels such as gasoline and propane. If unanimous consent that reading of the where it is a template that is put over amendment be dispensed with. you ship or transport fertilizers, pes- everything that doesn’t fit at all for ticides, gasoline, propane and packages The PRESIDING OFFICER. Without family farmers. Family farmers do a objection, it is so ordered. or containers that are larger than 119 pretty good job out on the farm. They gallons, or the total quantity you ship The amendment is as follows: work hard and try hard. They are the On page 880, after the item following line 6, or transport at any one time is more Americans who live with hope. They insert the following: than 1,000 pounds, then you must have put a seed in the ground and they hope. SEC. 1621. EXEMPTION FROM CERTAIN HAZ- a security plan. If you are a supplier They hope it rains, they hope it grows, ARDOUS MATERIALS TRANSPOR- who delivers the pesticides, fertilizers, they hope it doesn’t hail, and they TATION REQUIREMENTS. and fuels you use to your farm, then hope the insects don’t come. They hope (a) DEFINITION OF ELIGIBLE PERSON.—In you don’t need that security plan. And this section, the term ‘‘eligible person’’ they don’t get drought or too much means an individual or entity that is eligible if you only transport fertilizers, pes- moisture, and they hope, finally, if ticides, and fuels between the fields of to receive benefits in accordance with sec- they are able to get it harvested they tion 1001D of the Food Security Act of 1985 (7 your farm, then you don’t need to have can haul it to the elevator and get a U.S.C. 1308-3a). a security plan. But if you drive to decent price. They don’t ask for a lot. (b) EXEMPTION.—Subject to subsection (c), town to get the chemicals, fertilizers, They certainly ask us to stay out of part 172 of title 49, Code of Federal Regula- or fuel, then you have to have a secu- their way with respect to rules and reg- tions, shall not apply to an eligible person rity plan. ulations that don’t make basic com- that transports or offers for transport a fer- Incidentally, the text I have just read tilizer, pesticide, or fuel for agricultural pur- mon sense and that do not meet the poses, to the extent determined by the Sec- from is part of a U.S. Department of test of common sense. retary. Transportation fact sheet, and it was This attempt by the Department of (c) APPLICABILITY.—Subsection (b) applies entitled ‘‘Hazardous Materials Trans- Transportation, laudable as it might to— portation Security Requirements, Ap- be, to try to require the development of (1) security plan requirements under sub- plicability to Farmers and Farming security plans for the movement of part I of part 172 of title 49, Code of Federal Operations.’’ That was available from large quantities of hazardous mate- Regulations (or a successor regulation); and the Department of Transportation’s rial—certainly dynamite, detonators, Mr. DORGAN. Mr. President, I have Web site earlier this fall. But it now and so on, I understand that. But when described the amendment in some de- has been removed. It is gone. You now you talk about gasoline and farm tail. I say to my colleague from Okla- can’t find it. If you ask where did this chemicals, we must understand there is homa I would be happy if he would like come from, what happened to it, why is a difference between substantial move- to have the amendment approved now. it gone, I don’t have the foggiest idea. ment from commercial operators and But, if not, if there are some issues All I know is what it said, and it the ordinary transportation of farm with respect to language or some dis- doesn’t say it anymore. Now we are chemicals and farm fuel by family cussions we should have with you and told the Department of Transportation farmers around this country. your staff about the breadth of this, I is putting this security plan on hold For that reason, I have offered an would be happy to do that as well. This despite the fact it is the rule, and they amendment that I hope will meet the bill will be on the floor for a number of are now beginning to discuss the issue test of changing this regulation in a days. I am only anxious to make cer- with the U.S. Department of Agri- manner that represents some basic tain we dispose of this and approve it culture. They are discussing it with common sense and relieve the burden before we complete this bill. My at- State departments of transportation, from family farmers. As a matter of tempt is, of course, to cooperate with and the American Farm Bureau. fact, family farmers are not complying those who are managing the bill.

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.052 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S573 Mr. INHOFE. Mr. President, I appre- We have 36 percent of the Nation’s It has been a long process. I know ciate that very much. It is probably a urban rail vehicles and maintenance some Members just do not want a bill, good idea to set it aside at this time. facilities in substandard or poor condi- but we will get through the process. We We will have ample time later to dis- tion. And 29 percent of the Nation’s bus will get a bill and get people back to cuss it. fleet and maintenance facilities are in work and rebuild the infrastructure. Mr. DORGAN. I have no objection to substandard condition. The list goes We left off on section 1612. I will han- it being set aside when others wish to on. dle a couple of sections. The Senator offer amendments. I appreciate the co- I am particularly sensitive to this, from Missouri will arrive in about 5 operation of the Senator from Okla- having served for 8 years in the other minutes with some subjects to address. homa and the Senator from Vermont. body on the Environment and Public Section 1613 is the improved inter- Mr. GREGG. I object. Works Committee, where we talked agency consultation. The PRESIDING OFFICER. The ob- about this and watched this as the re- Mr. GREGG. Will the Senator yield? jection is heard. authorizations took place. I partici- Mr. INHOFE. Yes. Mr. DORGAN. What is the objection pated in both ISTEA and in TEA–21, in Mr. GREGG. Does the Senator mind, to? There is no unanimous consent re- both cases, serving at that time in the after he finishes his statement, that I quest. other body. be allowed to speak? The PRESIDING OFFICER. There I know the way things were done Mr. INHOFE. Anyone who wants to was no unanimous consent. were a little distasteful for me, but we speak so long as it is on the highway Mr. DORGAN. I don’t believe there came up with three authorization bills. bill. was a unanimous consent request. It is our hope to be deliberate and Mr. GREGG. I ask unanimous con- The PRESIDING OFFICER. There spend, as we have, a year in looking at sent that after the completion of the was no unanimous consent request pro- all the problems, seeing what would be statement of the Senator from Okla- pounded. better than the system used before. homa, I have 5 minutes. Mr. DORGAN. So there can be no ob- In the past, we had section 1104, min- Mr. INHOFE. I have completed my jection to a unanimous consent request imum guarantees. That has been re- remarks and there is no objection. never made. placed by the Equity Bonus Program. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The minimum guarantees were arbi- ator from New Hampshire. ator is correct. trary, politically driven percentages AMENDMENT NO. 2268 TO AMENDMENT NO. 2267 The Senator from New Hampshire. each State had. It was the thought that Mr. GREGG. I send an amendment to Mr. GREGG. I was under the impres- when you get to the point where you the desk which second degrees the sion there was a unanimous consent re- have enough votes to pass it, you did amendment of Senator DORGAN. quest to set the amendment aside. I not care. We did not want to do that. The PRESIDING OFFICER. The take it that did not occur. So we took into consideration the clerk will report. The PRESIDING OFFICER. That re- donor status of States, we took into The assistant legislative clerk read quest was not propounded. The Senator consideration the rapid growing States, as follows: from North Dakota indicated he would States such as Texas, California, Ne- not object if such a request were made. The Senator from New Hampshire [Mr. vada, and Florida, and we actually GREGG] proposes an amendment numbered Mr. GREGG. Then obviously I do not have ceilings as well as floors to try to 2268 to amendment No. 2267. object. satisfy as many people as possible. Mr. INHOFE. Mr. President, that is Mr. GREGG. Mr. President, I ask Yesterday, we had a number of people unanimous consent that the reading of not set aside by unanimous consent. come to the floor saying the formula There may be others in the Chamber the amendment be dispensed with. was unfair. We took each State, State The PRESIDING OFFICER. Without who want to be heard concerning the by State, which I am happy to do. We highway bill. If that is not the case, I objection, it is so ordered. have the capability of doing it, again, The amendment is as follows: will go ahead and continue discussing to show that it is not unfair. We have this. It is our hope to go through it sec- a formula now and everyone benefits. This Act may be cited as the ‘‘Public Safe- tion by section. We are quite a ways ty Employer-Employee Cooperation Act of There is no State that gets less than 10 2003’’. along in doing that. percent more than they had before and First, I will restate some of the com- SEC. 2. DECLARATION OF PURPOSE AND POLICY. it takes care of the problems. The Congress declares that the following is ments I made in the past about this The donor States have always been a the policy of the United States: bill. We have spent in the committee problem. My State has been a donor (1) Labor-management relationships and an entire year working on this legisla- State since the program began. So the partnerships are based on trust, mutual re- tion. We have had numerous hearings fact that we will all end up with a 95- spect, open communication, bilateral con- on various environmental concerns, percent status is very significant. sensual problem solving, and shared account- procedural concerns. We had State rep- We have never adequately handled ability. Labor-management cooperation resentation at hearings about many of the safety problems. We know about fully utilizes the strengths of both parties to the parts of the bill that will end up the deaths on the highway: 43,000 peo- best serve the interests of the public, operating as a team, to carry out the public safe- giving the States more responsibility ple each year dying on the highway. ty mission in a quality work environment. In to take care of some of their needs. We While the percentage has not gone up, many public safety agencies it is the union had a chance to talk about some of the the numbers have. We are addressing that provides the institutional stability as problems voiced in the Senate. that. elected leaders and appointees come and go. As far as the position of the adminis- The intermodal connections and (2) The Federal Government needs to en- tration, I do not know what more we freight movement were never ade- courage conciliation, mediation, and vol- can do. We have gone through the ob- quately addressed by the previous bills. untary arbitration to aid and encourage em- jections they had, or the three state- These are addressed. ployers and their employees to reach and ments they made, in terms of finding it maintain agreements concerning rates of Streamlining, so that many of the pay, hours, and working conditions, and to not to be acceptable. These have been problems we have—some environ- make all reasonable efforts through negotia- met. mental, some other types of problems— tions to settle their differences by mutual We have serious infrastructure needs can be dealt with more rapidly and in agreement reached through collective bar- now. The State system is 50 years old; advance so we can keep the construc- gaining or by such methods as may be pro- 32 percent of our major roads are in tion going. vided for in any applicable agreement for the poor or remedial condition; 29 percent We have the IPAM program that will settlement of disputes. of the bridges are structurally defi- take these programs that are ready to (3) The absence of adequate cooperation be- cient. I am more emotional regarding go and get them moving right away. If tween public safety employers and employees has implications for the security of em- the 29 percent bridge figure because we are going to do it, do it now and get ployees and can affect interstate and intra- Oklahoma ranks No. 1. Missouri is No. the people employed. A lot of people state commerce. The lack of such labor-man- 2 in percentage of bridges that are are concerned about jobs. Certainly agement cooperation can detrimentally im- structurally deficient. there is no bigger job anywhere. pact the upgrading of police and fire services

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.055 S04PT1 S574 CONGRESSIONAL RECORD — SENATE February 4, 2004 of local communities, the health and well- tively recommend such action, if the exer- under subsection (a), that a State does not being of public safety officers, and the mo- cise of the authority is not merely routine or substantially provide for the rights and re- rale of the fire and police departments. Addi- clerical in nature but requires the consistent sponsibilities described in subsection (b), tionally these factors could have significant exercise of independent judgment; and such State shall be subject to the regula- commercial repercussions. Moreover, pro- (B) devotes a majority of time at work ex- tions and procedures described in section 5. viding minimal standards for collective bar- ercising such authority. (2) EFFECTIVE DATE.—Paragraph (1) shall gaining negotiations in the public safety sec- SEC. 4. DETERMINATION OF RIGHTS AND RE- take effect on the date that is 2 years after tor can prevent industrial strife between SPONSIBILITIES. the date of enactment of this Act. labor and management that interferes with (a) DETERMINATION.— SEC. 5. ROLE OF FEDERAL LABOR RELATIONS the normal flow of commerce. (1) IN GENERAL.—Not later than 180 days AUTHORITY. (a) IN GENERAL.—Not later than 1 year SEC. 3. DEFINITIONS. after the date of enactment of this Act, the Authority shall make a determination as to after the date of enactment of this Act, the In this Act: Authority shall issue regulations in accord- (1) AUTHORITY.—The term ‘‘Authority’’ whether a State substantially provides for the rights and responsibilities described in ance with the rights and responsibilities de- means the Federal Labor Relations Author- scribed in section 4(b) establishing collective ity. subsection (b). In making such determinations, the Authority shall consider and give bargaining procedures for public safety em- (2) EMERGENCY MEDICAL SERVICES PER- ployers and officers in States which the Au- SONNEL.—The term ‘‘emergency medical weight, to the maximum extent practicable, to the opinion of affected parties. thority has determined, acting pursuant to services personnel means an individual who its authority under section 4(a), do not sub- (2) SUBSEQUENT DETERMINATIONS.— provides out-of-hospital emergency medical stantially provide for such rights and respon- care, including an emergency medical tech- (A) IN GENERAL.—A determination made pursuant to paragraph (1) shall remain in ef- sibilities. nician, paramedic, or first responder. (b) ROLE OF THE FEDERAL LABOR RELATIONS fect unless and until the Authority issues a (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The AUTHORITY.—The Authority, to the extent subsequent determination, in accordance terms ‘‘employer’’ and ‘‘public safety agen- provided in this Act and in accordance with cy’’ means any State, political subdivision of with the procedures set forth in subpara- regulations prescribed by the Authority, a State, the District of Columbia, or any ter- graph (B). shall— (B) PROCEDURES FOR SUBSEQUENT DETER- ritory or possession of the United States (1) determine the appropriateness of units MINATIONS.—Upon establishing that a mate- that employs public safety officers. for labor organization representation; rial change in State law or its interpretation (4) FIREFIGHTER.—The term ‘‘firefighter’’ (2) supervise or conduct elections to deter- has occurred, an employer or a labor organi- has the meaning given the term ‘‘employee mine whether a labor organization has been zation may submit a written request for a engaged in fire protection activities’’ in sec- selected as an exclusive representative by a subsequent determination. If satisfied that a tion 3(y) of the Fair Labor Standards Act (29 majority of the employees in a appropriate material change in State law or its interpre- U.S.C. 203(y)). unit; tation has occurred, the Director shall issue (3) resolve issues relating to the duty to (5) LABOR ORGANIZATION.—The term ‘‘labor a subsequent determination not later than 30 bargain in good faith; organization’’ means an organization com- days after receipt of such request. (4) conduct hearings and resolve com- posed in whole or in part of employees, in (3) JUDICIAL REVIEW.—Any State, political plaints of unfair labor practices; which employees participate, and which rep- subdivision of a State, or person aggrieved (5) resolve exceptions to the awards of arbi- resents such employees before public safety by a determination of the Authority under trators; agencies concerning grievances, conditions this section may, during the 60 day period (6) protect the right of each employee to of employment and related matters. beginning on the date on which the deter- form, join, or assist any labor organization, (6) LAW ENFORCEMENT OFFICER.—The term mination was made, petition any United or to refrain from any such activity, freely ‘‘law enforcement officer’’ has the meaning States Court of Appeals in the circuit in and without fear of penalty or reprisal, and given such term in section 1204(5) of the Om- which the person resides or transacts busi- protect each employee in the exercise of nibus Crime Control and Safe Streets Act of ness or in the District of Columbia circuit, such right; and 1968 (42 U.S.C. 3796b(5)). (7) take such other actions as are nec- for judicial review. In any judicial review of (7) MANAGEMENT EMPLOYEE.—The term essary and appropriate to effectively admin- a determination by the Authority, the proce- ‘‘management employee’’ has the meaning ister this Act, including issuing subpoenas dures contained in subsections (c) and (d) of given such term under applicable State law requiring the attendance and testimony of section 7123 of title 5, United States Code, in effect on the date of enactment of this witnesses and the production of documen- shall be followed, except that any final de- Act. If no such State law is in effect, the tary or other evidence from any place in the termination of the Authority with respect to term means an individual employed by a United States, and administering oaths, tak- questions of fact or law shall be found to be public safety employer in a position that re- ing or ordering the taking of depositions, or- conclusive unless the court determines that quires or authorizes the individual to formu- dering responses to written interrogatories, the Authority’s decision was arbitrary and late, determine, or influence the policies of and receiving and examining witnesses. capricious. the employer. (c) ENFORCEMENT.— (b) RIGHTS AND RESPONSIBILITIES.—In mak- (1) AUTHORITY TO PETITION COURT.—The Au- (8) PUBLIC SAFETY OFFICER.—The term ing a determination described in subsection thority may petition any United States ‘‘public safety officer’’— (a), the Authority shall consider whether Court of Appeals with jurisdiction over the (A) means an employee of a public safety State law provides rights and responsibilities parties, or the United States Court of Ap- agency who is a law enforcement officer, a comparable to or greater than the following: peals for the District of Columbia Circuit, to firefighter, or an emergency medical services (1) Granting public safety officers the right enforce any final orders under this section, personnel; to from and join a labor organization, which and for appropriate temporary relief or a re- (B) includes an individual who is tempo- may exclude management and supervisory straining order. Any petition under this sec- rarily transferred to a supervisory or man- employees, that is, or seeks to be, recognized tion shall be conducted in accordance with agement position; and as the exclusive bargaining representative of subsections (c) and (d) of section 7123 of title (C) does not include a permanent super- such employees. 5, United States Code, except that any final visory or management employee. (2) Requiring public safety employers to order of the Authority with respect to ques- (9) SUBSTANTIALLY PROVIDES.—The term recognize the employees’ labor organization tions of fact or law shall be found to be con- ‘‘substantially provides’’ means compliance (freely chosen by a majority of the employ- clusive unless the court determines that the with the essential requirements of this Act, ees), to agree to bargain with the labor orga- Authority’s decision was arbitrary and capri- specifically, the right to form and join a nization, and to commit any agreements to cious. labor organization, the right to bargain over writing in a contract or memorandum of un- (2) PRIVATE RIGHT OF ACTION.—Unless the wages, hours, and conditions of employment, derstanding. Authority has filed a petition for enforce- the right to sign an enforceable contract, (3) Permitting bargaining over hours, ment as provided in paragraph (1), any party and availability of some form of mechanism wages, and terms and conditions of employ- has the right to file suit in a State court of to break an impasse, such as arbitration, me- ment. competent jurisdiction to enforce compli- diation, or fact finding. (4) Requiring an interest impasse resolu- ance with the regulations issued by the Au- (10) SUPERVISORY EMPLOYEE.—The term tion mechanism, such as fact-finding, medi- thority pursuant to subsection (b), and to en- ‘‘supervisory employee’’ has the meaning ation, arbitration or comparable procedures. force compliance with any order issued by given such term under applicable State law (5) Requiring reinforcement through State the Authority pursuant to this section. The in effect on the date of enactment of this courts of— right provided by this subsection to bring a Act. If no such State law is in effect, the (A) all rights, responsibilities, and protec- suit to enforce compliance with any order term means an individual, employed by a tions provided by state law and enumerated issued by the Authority pursuant to this sec- public safety employer, who— in this section; and tion shall terminate upon the filing of a peti- (A) has the authority in the interest of the (B) any written contract or memorandum tion seeking the same relief by the Author- employer to hire, direct, assign, promote, re- of understanding. ity. ward, transfer, furlough, lay off, recall, sus- (c) FAILURE TO MEET REQUIREMENTS.— SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. pend, discipline, or remove public safety offi- (1) IN GENERAL.—If the Authority deter- A public safety employer, officer, or labor cers to adjust their grievances, or to effec- mines, acting pursuant to its authority organization may not engage in a lockout,

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.032 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S575 sickout, work slowdown, or strike or engage When we talk about improved inter- pollutant. For example, an area that is in any other action that is designed to com- agency consultation, this is another in nonattainment for the 1-hour ozone pel an employer, officer, or labor organiza- area where this bill is different from standard and is designated as being in tion to agree to the terms of a proposed con- the reauthorizations we had in the nonattainment for the new 8-hour tract and that will measurably disrupt the ozone standard may use its 1-hour delivery of emergency services, except that past. We had intra-agency consultation it shall not be a violation of this section for as well as consultation at the various budget to determine conformity until an employer, officer, or labor organization to levels of Government. The States have it has an approved budget for the 8- refuse to provide services not required by the a much larger voice in the recognition hour standard. terms and conditions of an existing contract. that they are more aware of the prob- Nonattainment areas are also given SEC. 7. EXISTING COLLECTIVE BARGAINING lems that exist than we are in Wash- the option of using other currently UNITS AND AGREEMENTS. ington. It is very positive. Therefore, available tests for demonstrating con- A certification, recognition, election-held, the States and MPOs are encouraged to formity without an approved air qual- collective bargaining agreement or memo- consult with State and local air quality SIP. randum of understanding which has been Section 1617 is in regard to reduced issued, approved, or ratified by any public ity agencies in developing criteria from CMAQ projects and when making deci- barriers to air quality improvements. employee relations board or commission or Nonattainment areas can use transpor- by any State or political subdivision or its sions as to which projects and pro- tation control measures, such as HOV agents (management officials) in effect on grams to fund. the day before the date of enactment of this Section 1614 is the evaluation assess- lanes, transit projects, park-and-ride lots, ride-share programs, and pedes- Act shall not be invalidated by the enactment of the CMAQ projects. To ensure trian and bicycle facilities to improve ment of this Act. that information on successful CMAQ air quality. These TCMs are often in- SEC. 8. CONSTRUCTION AND COMPLIANCE. projects is widely available, the De- (a) CONSTRUCTION.—Nothing in this Act cluded in the State’s air quality SIP. partment of Transportation is directed shall be construed— Currently, if a State determines it (1) to invalidate or limit the remedies, to consult with the EPA to evaluate would be better served by substituting rights, and procedures of any law of any and assess a representative sample of one type of TCM for another, the State State or political subdivision of any State or CMAQ projects to maintain and dis- must already have a substitution jurisdiction that provides collective bar- seminate a database of these projects. mechanism in its approved State im- gaining rights for public safety officers that Section 1615 is synchronized planning are equal to or greater than the rights pro- plementation plan or it must revise its and conformity timelines, require- plan. vided under this Act; ments, and horizon. Currently, the (2) to prevent a State from enforcing a This bill provides a substitution right-to-work law that prohibits employers schedules for demonstrating con- mechanism for all States, provided and labor organizations from negotiating formity are not the same as the sched- that the TCM to be substituted provisions in a labor agreement that require ules for adopting long-range transpor- achieves the same or greater emission union membership or payment of union fees tation plans and transportation im- reductions as the TCM being replaced, as a condition of employment; provement programs. That is TIPS. based on analysis using the latest plan- (3) to invalidate any State law in effect on This disconnect has caused some areas ning assumptions and current models. the date of enactment of this Act that sub- to be in a continuous planning and con- stantially provides for the rights and respon- Now, it has been our intention, as we sibilities described in section 4(b) solely be- formity cycle. announced before, that the chairman of cause such State law permits an employee to In response to this inconsistency, the the Transportation Subcommittee, appear on his or her own behalf with respect bill aligns the long-range plan updates, Senator BOND, would be recognized at to his or her employment relations with the TIP updates, and conformity deter- this time for the purpose of—— public safety agency involved; or minations for metropolitan areas on Mr. MCCAIN addressed the Chair. (4) to permit parties subject to the Na- consistent 4-year cycles. Heretofore, The PRESIDING OFFICER (Ms. COL- tional Labor Relations Act (29 U.S.C. 151 et there were various cycles and this con- LINS). The Senator from Arizona. seq.) and the regulations under such Act to forms them to each other. Mr. MCCAIN. Madam President, I ask negotiate provisions that would prohibit an The bill also changes how far into the for the yeas and nays on the Gregg employee from engaging in part-time em- future the conformity determination amendment. ployment or volunteer activities during off- Mr. INHOFE. Madam President, I be- duty hours; or must look to more closely match the (5) to prohibit a State from exempting length of time covered by the State’s lieve I have the floor. from coverage under this Act a political sub- air quality plan referred to as a State The PRESIDING OFFICER. The Sen- division of the State that has a population of implementation plan, or SIP plan. ator from Oklahoma does have the less than 5,000 or that employs less than 25 Currently, conformity determina- floor. I apologize. full time employees. tions take a 20-year outlook on the Mr. INHOFE. Thank you, Madam For purposes of paragraph (5), the term transportation planning side, even President. ‘‘employee’’ includes each and every indi- Section 1618 is in regard to the air though most SIPs cover no more than vidual employed by the political subdivision quality monitoring data influenced by 10 years. Obviously, we are trying to except any individual elected by popular exceptional events. vote or appointed to serve on a board or com- conform them with each other. This bill directs EPA to promulgate mission. Section 1616 is in regard to the tran- regulations governing the handling of (b) COMPLIANCE.—No State shall preempt sition to new air quality standards. laws or ordinances of any of its political sub- air quality-monitoring data influenced EPA plans to designate nonattainment by exceptional events, such as forest divisions if such laws provide collective bar- areas for the new 8-hour ozone stand- gaining rights for public safety officers that fires or volcanic eruptions, certainly are equal to or greater than the rights pro- ard, that we have gone through just a something of great interest to the Sen- vided under this Act. few years ago, and the new fine partic- ator from Arizona. These types of nat- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ulate standard, at PM2.5, this year. ural activities should not influence There are authorized to be appropriated Areas that have not previously been whether a region is meeting its Federal such sums as may be necessary to carry out designated as nonattainment for the air quality goals. the provisions of this Act. same pollutant will have 3 years to The EPA is also required to reevalu- Mr. GREGG. This is the same amend- submit SIPs which include the motor ate its approach to modeling carbon ment I offered before. Obviously, it was vehicle emissions budget used to deter- monoxide emissions from motor vehi- removed from being in order because mine conformity. However, only a 1- cles to ensure that it is appropriate for the underlying amendment was with- year grace period is allowed before hav- cold-weather States, such as Alaska. ing to demonstrate conformity. Be- drawn, so I have reoffered it to keep it f in the batting order. cause of this, an area may have 2 years I yield the floor. during which it must use some other MORNING BUSINESS The PRESIDING OFFICER. The Sen- means of demonstrating conformity. Mr. INHOFE. Madam President, I ask ator from Oklahoma. Nonattainment areas are given the unanimous consent that there now be a Mr. INHOFE. I was happy to do that. option of using the motor vehicle emis- period of morning business, with Sen- I will continue going through section sions budget from an approved SIP for ators speaking for up to 30 minutes by section. the most recent prior standard for that each.

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.033 S04PT1 S576 CONGRESSIONAL RECORD — SENATE February 4, 2004 The PRESIDING OFFICER. Is there not, and will not, stand for the cre- the CEO of a corporation or the head of objection? ation of new loopholes to violate this a labor union or a trial lawyer and ask The Senator from Arizona. law. them for a huge soft money donation in Mr. MCCAIN. Madam President, re- Senator FEINGOLD and I began, in exchange for access to high-level Gov- serving the right to object, would that 1995, with our first effort to reform this ernment officials. That cannot happen preclude me from offering the request system. It took us 8 years until the today. Just last week, Roll Call re- for the yeas and nays on the Gregg final decision by the U.S. Supreme ported that for the first time in many amendment? Court upholding the constitutionality, years, the two parties did not hold any The PRESIDING OFFICER. It would in a historically ironic decision enti- high-donor fundraisers at the Super indeed preclude you. tled McConnell v. FEC. I hope the Bowl. The article stated: Mr. MCCAIN. I object. irony of those words is not lost on my With soft money banned, the parties have The PRESIDING OFFICER. Objec- colleagues. We will not stand for the come to the conclusion that the yield at a tion is heard. Federal Election Commission—which Super Bowl fundraiser doesn’t justify the expense. Mr. MCCAIN. Madam President, I they already have—subverting this withdraw my—reserving the right to law. We will not stand for it. We will However, let me be clear, this in no object, and I will not object, I will just use every method available to us to be way means reform is complete. Our tell the managers of the bill that I in- sure that the law is enforced as it is work and the work of thousands of Americans engaged at the grassroots tend to ask for the yeas and nays on written and intended and declared con- level, the efforts of numerous reform the Gregg amendment when we return stitutional by the U.S. Supreme Court. to the bill tomorrow. It is time for the Federal Election groups, is far from over. While the The PRESIDING OFFICER. Is there Commission, rather than being an en- basis for BCRA, that large, unregulated objection to the unanimous consent re- abler to those who want to subvert the political contributions cause both the quest? laws, to be a true enforcer of the law, appearance and reality of corruption by elected officials, is self-evident, Without objection, it is so ordered. a role which they will find strange and mustering the evidence needed to prove The Senator from Oklahoma still has intriguing and certainly unusual for this to the Court was an extraordinary the floor. that Commission. Mr. INHOFE. Madam President, I I might add, too, we still have two feat. The mountain of evidence that yield the floor. members of the Federal Election Com- was compiled, however, provided a The PRESIDING OFFICER. The Sen- mission who declared their firm con- solid foundation for the Supreme Court’s decision to close loopholes ator from Arizona. viction that this law was unconstitu- through which were flowing hundreds tional. If they still hold that belief, as f of millions of dollars in soft money. at least one of them has stated re- BIPARTISAN CAMPAIGN REFORM The evidence collected included cently, they should recuse themselves ACT sworn statements from elected officials from further involvement in a law they acknowledging they had been forced to Mr. MCCAIN. Madam President, I believe is unconstitutional. In fact, res- join my friend from Wisconsin on the raise large contributions for the polit- ignation would probably be in order so ical parties, internal memos from po- floor to discuss the entire issue of the someone who believes in the constitu- Bipartisan Campaign Reform Act and litical party leaders to elected officials tionality of this law, as affirmed by the reminding them who gave big contribu- also at a time when the Federal Elec- U.S. Supreme Court, would be empow- tion Commission is about to make tions prior to key votes, and testimony ered to enforce it. from business leaders who were pro- some decisions regarding implementa- In 1995, my dear friend Senator FEIN- vided a ‘‘menu of access’’ by party offi- tion of this legislation. GOLD and I first introduced legislation cials showing how $50,000 gets you a I think it is very important that as designed to limit the influence of spe- meeting with an elected official, the Federal Election Commission is cial interests on Federal campaigns. $100,000 gets you a 15-minute meeting considering making these rules, that it We began our fight because it had be- with another elected official. be made very clear what the intent of come clear to us that our campaign fi- The strength of the evidence on the the authors of the legislation was. Be- nance system was broken and this extent of corruption and the appear- cause as I will go into in my state- breakdown was having a detrimental ance of corruption as well as the cre- ment, it was the Federal Election Com- effect on our democracy. Seven years, ativity with which the campaign fi- mission that created the loopholes that four Congresses, several rewrites, nance laws were being evaded led the caused the explosion of soft money in countless hours of debate, amend- Supreme Court to uphold BCRA, which American politics. It was not court de- ments, and much hard work by dedi- sought to close the loopholes that had cisions. cated grassroots activists later, the Bi- been opened in the Federal Election It is not accidental that the Senator partisan Campaign Reform Act became Campaign Act. from Wisconsin and I have proposed law on March 27, 2002. Significantly, the evidence also led legislation to fundamentally restruc- I know my friend from Wisconsin the Supreme Court to find that Con- ture the Federal Election Commission. agrees with me. We could not have gress needed and possessed broad au- In the meantime, the Federal Election done it without the thousands of Amer- thority to enact laws to reduce the cor- Commission must understand and read icans who made our cause their cause. rupting influence of unregulated the U.S. Supreme Court decision—I We could never have achieved this money in politics. The Court also made quote from the Court’s ruling—stating: goal. They will have our undying grati- a powerful statement about the so- The main goal of [the national party soft tude. called regulators of the corrupting soft money ban] is modest. In large part, it sim- Last month, following an illegal money system, the Federal Election ply effects a return to the scheme that was challenge, the Supreme Court ended Commission. According to the Court, approved in Buckley and that was sub- the 7-year-long battle when it upheld the soft money system was the result verted— the act, or BCRA, in the case of of a series of loopholes opened by the Madam President, the words the U.S. McConnell v. FEC. For me it was one of FEC and exploited by the party com- Supreme Court used: the Court’s most needed and welcomed mittees. I also quoted what Justices subverted by the federal electioneering ef- opinions. In light of this landmark vic- Stevens and O’Connor wrote. forts with a combination of hard and soft tory, I want to congratulate those who While the Supreme Court in the money. . . . Under that allocation regime— worked so hard to secure it and to talk McConnell case recognized the role the That was a decision by the Federal about the work that remains to be FEC had played over the years in erod- Election Commission— done to strengthen our democracy and ing the campaign finance laws, it was national parties were able to use vast to empower all Americans through not asked to consider the rules the amounts of soft money in their efforts to civic participation. commission adopted just last year to elect federal candidates. We can already see some benefits implement BCRA—rules that, true to Now, I hope the Federal Election from these years of hard work. No the FEC’s history, undermined the in- Commission gets our message. We do longer can a Member of Congress call tegrity of campaign finance law. The

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.060 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S577 Court, however, may soon be asked to ballot access, promote open primaries, from individuals. They plan to use do this. Shortly after the FEC took a and fix the redistricting process. these moneys, we are told, to finance big bite out of BCRA through its rule- This is not a partisan issue. It should partisan voter drives and run sham making process, Representatives not advantage one party over the issue ads aimed at influencing the 2004 SHAYS and MEEHAN filed a lawsuit chal- other. What reform does is create Federal elections. This blatant end run lenging the regulations. This action is transparency, equality, and participa- around the campaign finance laws on a fast track in Federal District tion, and inspire confidence in those we should not be tolerated. Court. represent. The strength and real mus- When a political committee has an Since its inception, BCRA has been cle in this fight lies with the American overriding purpose to influence Federal reviled by the political party establish- people. During the long battle in the elections, it cannot be allowed to cir- ments that decried the eminent demise Senate to pass campaign finance re- cumvent campaign finance laws by es- of our two-party system. Yet in the form, we called on the American public tablishing a ‘‘non-Federal account’’ midst of a hotly contested Presidential to make their voices heard on Capitol and claiming that the money being campaign, evidence suggests the oppo- Hill. They answered, and the impact raised and spent to influence Federal site is true. Under BCRA, both the was astounding. The phone calls, e- elections is not for that purpose. These Democratic and Republican national mails, and letters that flooded into committees cannot be permitted to parties are reporting a resurgence of Members’ offices had a tremendous im- transform contributions that are clear- grassroots support and significant in- pact. Constituent communications ly for the purpose of influencing Fed- creases in new hard money donors. In translated into votes for reform. eral elections into ‘‘allowable soft fact, recent figures show there have Reform is an ongoing process. It money’’ simply by depositing those been 600,000 new hard money donors to didn’t end with Teddy Roosevelt in funds into ‘‘non-Federal accounts.’’ the Democratic Party and 1 million 1907, and it will not end with JOHN These groups are clearly political com- new Republican hard money donors. MCCAIN and RUSS FEINGOLD in the Sen- mittees that should be registered as That is what we intended. ate. I am very much a realist. From such with the FEC and must operate The Court was right to uphold the the beginning of this fight, I have said accordingly within the hard money new reform law. Implemented cor- that as soon as the soft money loop- amount and source limitations. rectly, it will go a long way to restor- holes addressed in BCRA were closed, After the success of McConnell v. ing people’s faith in our democratic there would be very smart people all FEC, we cannot sit idly by and allow system. That said, reform is not a one- over Washington trying to find ways this potentially massive circumvention time fight. We must continue the work around the law. I am sad to report of campaign finance laws. BCRA fi- to strengthen our democracy and re- these folks wasted no time in attempt- nally closed soft money loopholes and, connect the people to the political ing to circumvent it again. again, new ones should not and cannot process. The adoption and Court sanc- The recent creation of certain new be tolerated. I am pleased to see that tion of BCRA enables Congress to push organizations under section 527 of the the FEC has recognized the immediate forward with important reforms that Internal Revenue Code is the first need to examine these soft money prob- help improve our system of Govern- broad-scale attempt to undermine lems. I hope the Commission will not ment and reduce barriers to political BCRA. make the mistakes it has made in the participation. Let me be clear on one thing. There past and will act swiftly and com- It is critical that we ensure BCRA is are many legitimate 527 organizations prehensively to protect the integrity of not negated by widespread circumven- whose method of operation is not in our campaign finance laws. tion of the new law by the FEC and by question here. They are nonpartisan. Madam President, I also wish to com- outside political committees. While we They work to do the things we want to ment on one of the things that hap- are challenging FEC’s implementing further the goals of democracy. There pened. We have seen, in the last Presi- regulations, we must also act to re- are, however, some groups that have dential campaign, a dramatic reduc- structure the commission so it will not recently been set up for the sole pur- tion in negative campaign ads run by only implement campaign finance laws pose of raising or spending tens of mil- the various candidates. Why is that? It effectively but actively enforce them. lions of dollars in soft money to influ- is because of an amendment that was The American political system needs ence the 2004 Presidential and congres- added by the Senator from Maine, Ms. an agency that will give effect to our sional elections. COLLINS, and the Senator from Oregon, campaign laws fairly and free from the Madam President, various groups Mr. WYDEN, which was called ‘‘stand by partisan influence that currently domi- have been created expressly to spend your ad,’’ I believe. Guess what. Every nates the commission structure. With- large sums of soft money on partisan time there is a message, the candidate out this key reform, no campaign fi- voter mobilization drives and sham says, I am so and so and I approve of nance reform law can work well. ‘‘issue advocacy’’ to influence Federal this ad. They would not approve a lot We must fix the ailing Presidential elections. These groups have as their of the trash put in and negative at- public funding system. For many overriding, if not sole purpose, the in- tacks, which has one effect, we all years, the system gave Americans a fluencing of Federal elections. know, and that is drive down voter viable opportunity to run for our high- Federal election law requires such turnout. It has a very salutary effect. est office and increased competition in groups to register as political commit- I have to admit that I never thought our Presidential elections, but the sys- tees with the FEC. Federal political of that in the 8 years Senator FEINGOLD tem is now outdated and bankrupt. committees may only accept and spend and I looked at every aspect of cam- Senator FEINGOLD and I have intro- hard money—that is, money limited in paign finance reform; we had not duced a proposal to fix it, and we are amount and source. I will repeat that if thought of that amendment. It has a committed to educating the public a 527 is nonpartisan in nature, we have marvelous positive affect, having the about the importance of doing this and no problem. If a 527 is engaged in par- candidate say: I am so and so and I ap- to building the coalition needed to tisan activity, they then fall under the prove of this ad. make it happen. same restrictions that any other polit- I also say there was a marvelous Ongoing reform efforts are needed ical committee does that is engaged in team that argued our case before the not only at the Federal level but also partisan activity. That should be obvi- U.S. Supreme Court. I ask unanimous at the State level. Working at the ous to the Federal Election Commis- consent to have a list of names printed State level, we can help to restore faith sion. in the RECORD. in the political process by improving These new groups, however, which There being no objection, the mate- contribution disclosure laws, pro- have made clear that their purpose is rial was ordered to be printed in the moting clean election programs, and to influence Federal elections—they RECORD, as follows: encouraging an independent and non- have not made any bones about it— Lawrence H. Norton, Richard B. Bader, corrupt campaign finance system. have purportedly set up ‘‘non-Federal’’ Stephen E. Hershkowitz, David Kolker, To break down the barriers to polit- accounts to accept corporate and labor Theodore B. Olson, Peter D. Keisler, Paul D. ical participation, we must improve union funds and large contributions Clement, Malcolm L. Stewart, Gregory G.

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.062 S04PT1 S578 CONGRESSIONAL RECORD — SENATE February 4, 2004 Garre, Douglas N. Letter, James J. Gilligan, We are not here to gloat. It is not po- In upholding the law, the Court rec- Michael S. Raab, Dana J. Martin, Terry M. lite or useful to do so. But if I had a ognized the difficult and painstaking Henry, Rupa Bhattacharyya, Andrea Gacki. dollar for every time someone said on work we did to stay within the con- Roger M. Witten, Seth P. Waxman, Ran- this floor or in the media that our bill stitutional framework set out in pre- dolph D. Moss, Edward C. DuMont, Paul R.Q. Wolfson, Purt Neuborne, Frederick A.O. would never stand up in court, I would vious cases. Schwarz, Jr., Charles G. Curtis, Jr., David J. actually be a wealthy man. Rather, we The Court said: Harth, Michelle M. Umberger, Bradley S. are here to thank our colleagues who We are mindful that in its lengthy delib- Phillips, E. Joshua Rosenkranz, Alan B. Mor- joined with us to pass this historic re- erations leading to the enactment of BCRA, rison, Scott L. Nelson, Eric J. Mogilnicki, form, to review the Supreme Court Congress properly relied on the recognition Michael D. Leffel, A. Krisan Patterson, Jen- landmark decision, and briefly take a of its authority contained in Buckley and its progeny. nifer L. Mueller, Stacy E. Beck, Jerrod C. look forward, as Senator MCCAIN has Patterson, Fred Wertheimer, Alexandra already done. As we often noted during I was particularly pleased at the def- Edsall, Trevor Potter, Glen M. Shor. the debate, the McCain-Feingold bill erence the Court showed to congres- Mr. MCCAIN. Madam President, I was not intended to be the last word on sional judgments about the problems particularly thank Mr. Ted Olson, the the topic of campaign finance reform. with the system and the best way to Solicitor General, who entered into The Court’s decision will serve as a address them. That deference has often been lacking in recent opinions in this situation as one who did not agree guidepost for future reform initiatives. with campaign finance reform and be- First, I thank all of the Members of other areas, but this time the Court re- came a strong advocate. He made com- this body who worked so hard with us alized that Congress has special exper- pelling arguments to the U.S. Supreme to pass the bipartisan Campaign Re- tise in this area and needs to have the Court. I also thank Seth Waxman and form Act. authority to actually address real his team of lawyers, who did a mar- For many, this was a labor of love. world problems in the way that it be- velous job. There are so many people For others, it was a difficult fight believes will be most effective. This is enormously important for the and so many organizations that con- cause of resistance from their own future of reform. It shows that the tinue to work on our behalf. party or from political or campaign ad- Court understands that under our Con- visers. In the end, as Senator MCCAIN Finally, I wish to make two closing stitution, Congress is not powerless to said it so well, this bill passed because points. One, the Federal Election Com- address threats to the health of our the American people demanded it and mission cannot be allowed to under- democratic or political processes. mine this law. The U.S. Supreme Court because courageous Senators and Mem- In no way, of course, did the Court is very clear about the role of the Fed- bers of the House were willing to stand give to Congress unbridled power. It eral Election Commission. So we can- up to the defenders of the status quo. simply upheld a reasonable and meas- I particularly thank the Democratic not let these 8 years of hard work—not ured response to the soft money prob- leader, Senator TOM DASCHLE, and his because of Senator FEINGOLD and me lem that many on both sides of the but because of the thousands and thou- counterpart at the time in the House, aisle had come to believe was ex- sands of Americans who worked so Representative DICK GEPHARDT. Their tremely harmful. hard to clean up this system that has leadership and strong support made it One aspect of the Court’s opinion is either corruption or the appearance of possible to get the bill through all the worth noting as we look forward to fu- corruption associated with it. complicated legislative obstacles we ture reform efforts. The Court laid re- Finally, one of the great pleasures of faced and onto the President’s desk. sponsibility for the soft money problem my life in public service is to have the Also deserving of special thanks is squarely where it belongs, and as Sen- the core bipartisan group of supporters opportunity to know and appreciate ator MCCAIN just did again—with the and have the undying and everlasting of reform who worked closely with us Federal Election Commission. As Sen- to pass the bill. Senators LEVIN, COL- friendship of my dear friend from Wis- ator MCCAIN noted, the Court specifi- consin, who is one of the most honest LINS, LIEBERMAN, THOMPSON, SNOWE, cally stated that the FEC ‘‘subverted’’ and decent Americans with whom I SCHUMER, JEFFORDS, COCHRAN, CANT- the law by allowing soft money to be WELL, EDWARDS, and KERRY all made have ever had the privilege of knowing used to aid Federal candidates. major contributions to the law that and serving. I would be honored to The Court said: the Supreme Court upheld. serve with him under any cir- [T]he FEC’s allocation regime has invited I think it is actually hard to imagine widespread circumvention of FECA’s limits cumstance. a more clear statement from the Su- I thank the Chair and yield the floor. on contributions to parties for the purpose of preme Court than the one delivered in influencing Federal elections. The PRESIDING OFFICER. The Sen- December in McConnell v. FEC. The The Supreme Court agreed with us ator from Wisconsin is recognized. margin of the Court was narrow, as it that soft money was a loophole that Mr. FEINGOLD. Madam President, often is in complicated and highly con- Congress could legitimately try to let me say how fitting it is that the tested cases. But the majority could plug, and that the loophole was im- Senator from Maine is presiding at this not have been more emphatic that properly created by the FEC. With this point, who has made a tremendous con- what we did in McCain-Feingold was a validation of the position taken by re- tribution to our efforts on campaign fi- constitutional approach to the prob- formers for many years, the Court un- nance reform. It is a tremendous privi- lems of soft money and also phony derlined a cautionary note that we lege to come to the floor with my good issue advocacy that Congress identified have sounded many times before on friend and longtime partner in cam- and we tried to address. this floor. No law in this area can be paign finance reform, the senior Sen- I have to tell you, that was enor- self-executing. To be successful, cam- ator from Arizona, Mr. MCCAIN. Every- mously gratifying after the hard work paign finance reform must be imple- body knows we fought side by side for we did in this body to pay attention to mented and enforced by an agency that nearly 7 years to see our bill enacted the Court’s previous decisions. It is dedicated to carrying out the will of into law. meant a great deal to me personally Congress, not to frustrate it. Finally, on December 10, nearly 2 that we looked at what the Court had The new law instructed—instructed— years after President Bush signed the said about the first amendment of the the FEC to act quickly to develop regu- bill, the Supreme Court upheld our Constitution and crafted our legisla- lations to explain and implement work against a constitutional chal- tion with respect to that. That is ex- BCRA. Time after time, instead the lenge. It has been a long and hard actly what we did. FEC adopted rules that weakened the struggle, and, frankly, we could not We drafted this bill specifically to be law. Senator MCCAIN and I participated possibly be happier with the result. consistent with what the Court had in those rulemaking proceedings, but The Court’s decision in McConnell v. said in the past in analyzing the first our advice on many important issues FEC is a complete vindication of our amendment implication of campaign fi- was ignored. effort to help rid politics of the corrup- nance legislation. We worked hard to As currently structured, the FEC tion of soft money. We are very proud shape a legislative record dem- seems simply incapable of properly ap- of and also humbled by the Court’s rul- onstrating the need for the reforms we plying the law that this Congress ening. proposed. acted. Virtually every complicated

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.024 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S579 issue is approached from a political Senate can support to preserve the CHURCHILL AND THE GREAT perspective, and the political parties public funding system that has served REPUBLIC EXHIBIT have extraordinary sway over the Com- the country so well since the excesses Mr. WARNER. Madam President, I mission’s actions. of the Watergate era demonstrated was privileged today to go to the Li- Senator MCCAIN and I viewed the that private financing of Presidential brary of Congress where, under the aus- elections is really not a very good BCRA rulemaking process as a test, if pices of Mr. Billington, the Librarian thing for our democracy. you will, a final chance for the FEC to of Congress, a very wonderful exhibit is change its approach and to finally I hope our colleagues will work with us over this year to perfect a bill that opening entitled—and I hold up the vol- begin to faithfully enforce the law in a ume: ‘‘Churchill and the Great Repub- nonpartisan fashion. We were very dis- can be quickly passed in the next Con- gress after this Presidential election lic.’’ The exhibit formally opens to- appointed in the result. We have, there- night. fore, concluded that the FEC, as cur- has been held. Senator MCCAIN and I have also in- In attendance today were one of rently constituted, cannot provide the Churchill’s daughters, his grandson, strong and consistent enforcement of troduced a bill to provide free air time to congressional candidates. The cost and other members of the Churchill the Federal election laws that this family. It was a very moving experi- country needs. So together we have of television advertising has sky- rocketed, and we believe the Nation’s ence. I encourage my colleagues to find proposed to replace the agency with a time in the next week or 10 days to new body, the Federal Election Admin- broadcasters, who make great profits from a public resource—the airwaves— avail themselves of this very historical istration. exhibit put together by Dr. Billington. We need to have an agency led by should contribute to improving the The ceremony today, marking the people who are respected by both sides democratic process. I look forward to opening, was attended by the President of the aisle and will carry out their re- continuing to discuss this bill with our of the United States, and I, together sponsibilities in a nonpartisan manner colleagues as well. We do not expect any one of these with my good friend Senator LUGAR, rather than simply having representa- three major reform bills will be consid- Senator BOB BENNETT, and a number of tives from each of the parties canceling ered on the Senate floor this year. But Members of the House of Representa- each other out with a partisan ap- there is one bill that can and should be tives, were privileged to be in attend- proach to their jobs. Our bill makes in- enacted very quickly. That is a bill we ance. dividuals who have worked for or have introduced to require electronic I ask unanimous consent that fol- served as counsel to parties or can- filing of Senate campaign finance re- lowing my remarks, the full text of the didates ineligible to serve as adminis- ports. Right now, the Senate lags way President’s speech at this auspicious trators. behind the House in providing current We have no illusions that this reform occasion be printed in the RECORD. and complete disclosure of contribu- will be easy to pass. Those who opposed The PRESIDING OFFICER. Without tions to and expenditures on our cam- our bill will undoubtedly oppose re- objection, it is so ordered. paigns. This is really an embarrass- placing the agency that is responsible (See exhibit 1.) ment. It is possible the Rules Com- for the rulings that made our bill nec- Mr. WARNER. Madam President, I mittee can quickly correct this prob- essary and that continue to undermine think we are at a remarkable cross- lem, but if not, Senator MCCAIN and I the new law. But reform of the FEC is roads of history. In terms of the sur- have introduced a bill to bring the Sen- essential if the will of Congress and vival of republics, this is about the ate into the 21st century, and we BCRA is to be carried out. great republic, about freedom, and should enact it promptly. I am also pleased to join Senator about all of those things we hold very Again, I thank all my colleagues who MCCAIN in introducing a bill to reform dear. supported the McCain-Feingold bill. I I do not intend to make a political the Presidential public funding system. hope they are as proud of their accom- That system did actually work well for speech, but I say without reservation I plishment as I am of them. I am con- think President Bush has given re- seven consecutive Presidential elec- vinced we have begun to change this tions from 1976 to 2000. In those elec- markable leadership, certainly in the system for the better. Senator MCCAIN tions, Republicans were elected four aftermath of 9/11, an unprecedented at- discussed there is already evidence of tack on our sovereignty, the people of times and Democrats three times and that. I think as the 2004 campaign challengers actually defeated incum- the United States of America, parallel heats up, we will see plenty more ex- in many respects to Pearl Harbor but bents in three out of the five races amples of how the system has im- where an incumbent was a candidate. indeed more awesome than Pearl Har- proved, but we cannot rest on our lau- bor in some respects. We are fortunate This year, unfortunately, candidates rels. We saw what happened when Con- from both parties have opted out of the to have at the helm in the United gress essentially left the field for 20 States a strong President, a man of public funding system for the pri- years after passing the post-Watergate maries. Everyone knows the system courage and of wisdom. I try in my reforms. We must be vigilant to protect modest way to support his leadership needs to be updated to keep it func- what we did in BCRA, and we must tioning in future elections. and that of those he has selected as his look ahead and continue to fight for a principal team. I happen to come from a State that campaign finance system that en- had a very good public funding system I found this speech very remarkable hances, rather than suffocates, the today, and I would like to read just a for State elections for many years. In power of individual citizens and voters paragraph: fact, I won my first race for the Wis- in our democracy. consin Senate, frankly, only because of Finally, I again express my admira- When World War II ended, Winston Church- that system. But the legislature in my tion and appreciation for all Senator ill immediately understood that the victory was incomplete. Half of Europe was occupied State failed to update and revise that MCCAIN has done on this issue. For one system to keep pace with the changing by an aggressive empire. And one of Church- final time I thank him for calling me ill’s own finest hours came after the war realities and costs of political cam- in late 1994 and saying he wanted to ended in a speech he delivered in Fulton, paigns, and now hardly anyone uses it. work with me on this project. Next Missouri. Churchill warned of the new dan- We can’t let that happen to the Presi- time tell me it is going to take 8 years. ger facing free peoples. In stark but meas- dential public funding system. I am more than grateful for this ter- ured tones, he spoke of the need for free na- Again, when I look at the Presiding rific opportunity to not only work with tions to unite against the communist expan- Officer, I know these kinds of systems a great American hero, but to have my sion. Marshal Stalin denounced the speech as can work because they have made them name associated with him to the point a ‘‘call to war.’’ A prominent American journalist called the speech an ‘‘almost cata- work in her State of Maine. The bill we where Senator MCCAIN has said that have introduced is a starting point strophic blunder.’’ In fact, Churchill had set some people think my first name is a simple truth before the world: that tyr- only, much like the first McCain-Fein- MCCAIN. anny would not be ignored or appeased with- gold bill in 1995. We want to work with Madam President, I yield the floor. out great risk. And he boldly asserted that our colleagues on both sides of the The PRESIDING OFFICER. The Sen- freedom—freedom was the right of men and aisle to come up with a bill that this ator from Virginia. women on both sides of the Iron Curtain.

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.067 S04PT1 S580 CONGRESSIONAL RECORD — SENATE February 4, 2004 Churchill understood that the Cold War Churchill III, the man bears a mighty name, freedom—freedom was the right of men and was not just a standoff of armies, but a con- and his wife, Luce; Celia Sandys, who is a women on both sides of the Iron Curtain. flict of visions—a clear divide between those granddaughter. Thank you all for coming. Churchill understood that the Cold War who put their faith in ideologies of power, We’re honored to have you here in America. was not just a standoff of armies, but a con- and those who put their faith in the choices I’m pleased to see my friend, the Ambas- flict of visions—a clear divide between those of free people. The successors of Churchill sador from the United Kingdom to America, who put their faith in ideologies of power, and Roosevelt—leaders like Truman, and Sir David Manning and Lady Manning here, and those who put their faith in the choices Reagan and Thatcher—led a confident alli- as well. I appreciate the members of Con- of free people. The successors of Churchill ance that held firm as communism collapsed gress who have come—the Chairman. We’ve and Roosevelt—leaders like Truman, and under the weight of its own contradictions. got a couple of mighty powerful people here, Reagan, and Thatcher—led a confident alli- Today, we are engaged in a different strug- Winston, with us today—Chairmen Lugar ance that held firm as communism collapsed gle. Instead of an armed empire, we face and Warner, Senator Bennett, Congressmen under the weight of its own contradictions. stateless networks. Instead of massed ar- Bill Young, Doug Bereuter, Jerry Lewis, Today, we are engaged in a different strug- mies, we face deadly technologies that must Tom Petri, Vern Ehlers and Jane Harman. gle. Instead of an armed empire, we face be kept out of the hands of terrorists and I’m glad you all are here, thanks for taking stateless networks. Instead of massed ar- outlaw regimes. time to come. mies, we face deadly technologies that must Yet in some ways, our current struggles or This exhibit bears witness to one of the be kept out of the hands of terrorists and challenges are similar to those Churchill most varied and consequential lives of mod- outlaw regimes. knew. The outcome of the war on terror de- ern history. Churchill’s 90 years on earth, Yet in some ways, our current struggles or pends on our ability to see danger and to an- joined together two ages. He stood in the challenges are similar to those Churchill swer it with strength and purpose. One by presence of Queen Victoria, who first reigned knew. The outcome of the war on terror de- one, we are finding and dealing with the ter- in 1837. He was the Prime Minister to Eliza- pends on our ability to see danger and to an- rorists, drawing tight what Winston Church- beth II, who reigns today. Sir Winston met swer it with strength and purpose. One by ill called a ‘‘closing net of doom.’’ This war Theodore Roosevelt, and he met Richard one, we are finding and dealing with the ter- also is a conflict of visions. In their worship Nixon. rorists, drawing tight what Winston Church- of power, their deep hatreds, their blindness Over his long career, Winston Churchill ill called a ‘‘closing net of doom.’’ This war to innocence, the terrorists are successors to knew success and he knew failure, but he also is a conflict of visions. In their worship the murderous ideologies of the 20th century. never passed unnoticed. He was a prisoner in of power, their deep hatreds, their blindness And we are the heirs of the tradition of lib- the Boer War, a controversial strategist in to innocence, the terrorists are successors to erty, defenders of the freedom, the con- the Great War. He was the rallying voice of the murderous ideologies of the 20th century. science and the dignity of every person. Oth- the Second World War, and a prophet of the And we are the heirs of the tradition of lib- ers before us have shown bravery and moral Cold War. He helped abolish the sweat shops. erty, defenders of the freedom, the con- clarity in this cause. The same is now asked He gave coal miners an eight-hour day. He science and the dignity of every person. Oth- of us, and we accept the responsibilities of was an early advocate of the tank. And he ers before us have shown bravery and moral history. helped draw boundary lines that remain on clarity in this cause. The same is now asked I find those words very moving, and the map of the Middle East. He was an ex- of us, and we accept the responsibilities of traordinary man. history. with a deep sense of humility I com- In spare moments, pacing and dictating to The tradition of liberty has advocates in mend this President. harried secretaries, he produced 15 books. He every culture and in every religion. Our This is a picture of Churchill and said, ‘‘History will be kind to me—for I in- great challenges support the momentum of Roosevelt. Years hence, there will be a tend to write it.’’ (Laughter.) History has freedom in the greater Middle East. The picture of President Bush and Prime been kind to Winston Churchill, as it usually stakes could not be higher. As long as that Minister Blair. If I may say, again with is to those who help save the world. region is a place of tyranny and despair and a sense of humility, historians will In a decade of political exile during the anger, it will produce men and movements 1930s, Churchill was dismissed as a nuisance eventually parallel the Churchill-Roo- that threaten the safety of Americans and and a crank. When the crisis he predicted ar- our friends. We seek the advance of democ- sevelt era with the Bush-Blair era, rived, nearly everyone knew that only one racy for the most practical of reasons: be- when two individuals of somewhat con- man could rescue Britain. The same trait cause democracies do not support terrorists tradictory ideologies and, if we may that had made him an outcast eventually or threaten the world with weapons of mass say, party background, nevertheless made him the leader of his country. Church- murder. came together in this hour in the after- ill possessed, in one writer’s words, an ‘‘abso- America is pursuing a forward strategy of math of 9/11 and formed an alliance, lute refusal, unlike many good and prudent freedom in the Middle East. We’re chal- brought together other nations that men around him, to compromise or to sur- lenging the enemies of reform, confronting render.’’ valued freedom, and formed a coalition the allies of terror, and expecting a higher In the years that followed, as a great standard from our friends. For too long, that has now deposed a tyrant who, by enemy was defeated, a great partnership was American policy looked away while men and any fair standards, was indeed a danger formed. President Franklin Roosevelt found women were oppressed, their rights ignored to the free world. in Churchill a confidence and resolve that and their hopes stifled. That era is over, and I say to the President with complete equaled his own. As they led the allies to vic- we can be confident. As in Germany, and respect, I think historians someday tory, they passed many days in each other’s Japan, and Eastern Europe, liberty will over- may call this speech today a runner-up company, and grew in respect and friendship. come oppression in the Middle East. (Ap- to the Fulton, MO, speech. The President once wrote to the Prime Min- plause.) I yield the floor. ister, ‘‘It is fun to be in the same decade True democratic reform must come from with you.’’ And this sense of fellowship and within. And across the Middle East, reform- EXHIBIT 1 common purpose between our two nations ers are pushing for change. From Morocco, REMARKS BY THE PRESIDENT ON WINSTON continues to this day. I have also been privi- to Jordan, to Qatar, we’re seeing elections CHURCHILL AND THE WAR ON TERROR leged to know a fine British leader, a man of and new protections for women and the stir- The PRESIDENT: Thank you all very much. conscience and unshakable determination. In ring of political pluralism. When the leaders I’m honored to join you as we welcome a his determination to do the right thing, and of reform ask for our help, America will give magnificent collection to the Library of Con- not the easy thing, I see the spirit of Church- it. (Applause.) gress. I’ve always been a great admirer of Sir ill in Prime Minister Tony Blair. (Applause.) I’ve asked the Congress to double the budg- Winston Churchill, admirer of his career, ad- When World War II ended, Winston Church- et for the National Endowment for Democ- mirer of his strength, admirer of his char- ill immediately understood that the victory racy, raising its annual total to $80 million. acter—so much so that I keep a stern-look- was incomplete. Half of Europe was occupied We will focus its new work on bringing free ing bust of Sir Winston in the Oval Office. He by an aggressive empire. And one of Church- elections and free markets and free press and watches my every move. (Laughter.) ill’s own finest hours came after the war free speech and free labor unions to the Mid- Like few other men in this or any other ended in a speech he delivered in Fulton, dle East. The National Endowment gave age, Churchill is admired throughout the Missouri, Churchill warned of the new dan- vital service in the Cold War, and now we are world. And through the writings and his per- ger facing free peoples. In stark but meas- renewing its mission of freedom in the war sonal effects, we feel the presence of the ured tones, he spoke of the need for free na- on terror. (Applause.) great man, himself. As people tour this ex- tions to unite against communist expansion. Freedom of the press and the free flow of hibit, I’m sure they’ll be able to smell the Marshal Stalin denounced the speech as a ideas are vital foundations of liberty. To cut whiskey and the cigars. (Laugher.) ‘‘call to war.’’ A prominent American jour- through the hateful propaganda that fills the I appreciate Jim Billington for hosting this nalist called the speech an ‘‘almost cata- airwaves in the Muslim world and to pro- exhibit, and for hosting me. It’s good to see strophic blunder.’’ In fact, Churchill had set mote open debate, we’re broadcasting the Marjorie. I appreciate the members of Win- a simple truth before the world: that tyr- message of tolerance and truth in Arabic and ston Churchill’s family who have come: Lady anny could not be ignored or appeased with- Persian to tens of millions. In some cities of Mary Soames, who is a daughter; Winston out great risk. And he boldly asserted that the greater Middle East, our radio stations

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.070 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S581 are rated number one amongst younger lis- America will never be intimidated by thugs lion. Think about that. In 4 short teners. Next week, we will launch a new Mid- and assassins. we will do what it takes. we years, this President and this adminis- dle East television network called, Alhurra— will not leave until the job is done. (Ap- tration have taken a $5 trillion surplus Arabia for ‘‘the free one.’’ The network will plause.) and turned it into a $5 trillion deficit, broadcast news and movies and sports and We will succeed because when given a entertainment and educational programming choice, people everywhere, from all walks of a $10 trillion swing. As I said, it just to millions of people across the region. life, from all religions, prefer freedom to vio- boggles the mind. Through all these efforts, we are telling the lence and terror. We will succeed because By any measure, this is an aston- people in the Middle East the truth about human beings are not made by the Almighty ishing record of economic mismanage- the values and the policies of the United God to live in tyranny. We will succeed be- ment and economic malpractice. In States, and the truth always serves the cause cause of who we are—because even when it is fact, I challenge my colleagues to cite of freedom. (Applause.) hard, Americans always do what is right. America is also taking the side of reform- any President in the 215-year history of And we know the work that has fallen to our Republic who has compiled such a ers who have begun to change the Middle this generation. When great striving is re- East. We’re providing loans and business ad- quired of us, we will always have an example record of sheer recklessness. vice to encourage a culture of entrepreneur- in the man we honor today. Winston Church- The White House now says the deficit ship in the Middle East. We’ve established ill was a man of extraordinary personal gifts, in the current fiscal year will be $521 business internships for women, to teach yet his greatest strength was his unshakable billion. That is bad enough, but that is them the skills of enterprise, and to help confidence in the power and appeal of free- not the worst of it. Far more dangerous them achieve social and economic equality. dom. It was the great fortune of mankind are the long-term, permanent, struc- We’re supporting the work of judicial re- that he was there in an hour of peril. And it tural deficits that will result. Mr. Bush formers who demand independent courts and remains the great duty of mankind to ad- the rule of law. At the request of countries in dares to claim he has charted a course vance the cause of freedom in our time. to cut the deficit in half in 5 years. the region, we’re providing Arabic language May God bless the memory of Winston textbooks to boys and girls. We’re helping Churchill. May God continue to bless the This has about as much credibility as education reformers improve their school United States of America. (Applause.) his claim that Iraq possessed massive systems. stockpiles of weapons of mass destruc- The message to those who long for liberty The PRESIDING OFFICER. The Sen- ator from Iowa is recognized. tion. The fact is that, after 4 years, Mr. and those who work for reform is that they Bush has zero credibility on the budg- can be certain they have a strong ally, a con- f stant ally in the United States of America. et. (Applause.) THE PRESIDENT’S BUDGET Let’s look at his past projections and Our strategy and our resolve are being promises. In 2001, Mr. Bush promised: tested in two countries, in particular. the Mr. HARKIN. Madam President, I ‘‘We can proceed with tax relief with- nation of Afghanistan was once the primary have had a chance now to look over the out fear of budget deficits.’’ That training ground for al Qaeda, the home of a President’s budget. What with being turned out to be untrue. barbaric regime called the Taliban. It now out of our offices and stuck over in the In 2002, Mr. Bush reassured us: ‘‘Our has a new constitution that guarantees free Capitol and not being able to see some budget will run a deficit that will be election and full participation by women. of the people we were supposed to see (Applause.) small and short term.’’ That turned The nation of Iraq was for decades an ally and conduct business as usual, I have out, also, to be untrue. of terror ruled by the cruelty and caprice of had the chance to look at the budget. In 2003, Mr. Bush again assured us: one man. Today, the people of Iraq are mov- Of course, I had heard it was kind of ‘‘Our current deficit is not large by his- ing toward self-government. Our coalition is bad. I read some of the preliminary re- torical standards and is manageable.’’ working with the Iraqi Governing Council to ports, but it was not until I really That also is turning out to be untrue. draft a basic law with a bill of rights. Be- started digging into it and looking at This year, President Bush claims cause our coalition acted, terrorists lost a some of the fine print and getting out that the massive deficits he has cre- source of reward money for suicide bomb- a calculator and adding it all up that I ings. Because we acted, nations of the Middle ated will be magically cut in half in 5 East no longer need to fear reckless aggres- realized how stupefyingly bad this years’ time. Is there any Senator in ei- sion from a ruthless dictator who had the in- budget is. It almost defies logic. ther party who believes that promise? I tent and capability to inflict great harm on After going through it, I can sum up don’t think so. Mr. Bush has not just his people and people around the world. Sad- his election year budget in four words: created a structural budget deficit, he dam Hussein now sits in a prison cell, and More of the same. More tax cuts for the has created a structural credibility def- Iraqi men and women are no longer carried wealthy, more massive spending in- icit. Few credible economists believe to torture chambers and rape rooms, and creases on things such as Star Wars him anymore. dumped in mass graves. Because the and, of course, that nice trip to Mars Baathist regime is history, Iraq is no longer The Washington Post sized up this a grave and gathering threat to free nations. we are going to take, more giveaways budget in an editorial yesterday morn- Iraq is a free nation. (Applause.) to special interests, and more massive ing. The editorial was titled ‘‘Bogus Freedom still has enemies in Afghanistan budget deficits. Budgeting.’’ The editorial stated that: and Iraq. All the Baathists and Taliban and This is Mr. Bush’s fourth budget sub- The Bush administration 2005 budget is a terrorists know that if democracy were to mission, so now I think we can take masterpiece of disingenuous blame-shifting, be, it would undermine violence—their hope stock. We can size up the full 4-year dishonest budgeting and irresponsible gov- for violence and innocent death. They under- fiscal record of this administration. erning. stand that if democracy were to be under- Quite frankly, the irresponsible actions mined, then the hopes for change throughout The reality is that the deficits will the Middle East would be set back. That’s of this administration over 4 years bog- persist at high levels even if the econ- what they know. That’s what they think. We gle the mind. omy stays healthy. Year after year know that the success of freedom in these In just 4 years, Mr. Bush has put in they will stay at high levels, until the nations would be a landmark event in the place trillions of dollars in tax cuts, baby boomers start to retire, and then history of the Middle East, and the history overwhelmingly for the very wealthy. the deficits will explode. of the world. Across the region, people would In spite of the huge deficits, the Presi- If we look at the operating budget— see that freedom is the path to progress and dent now is demanding that those tax that is not counting the surplus that national dignity. A thousand lies would cuts be made permanent. At the same stand refuted, falsehoods about the incom- comes from the Social Security taxes— patibility of democratic values in Middle time, he is proposing tens of billions of the picture becomes crystal clear. Eastern cultures. And all would see, in Af- dollars on new spending programs, and Under the operating budget—again, ex- ghanistan and Iraq, the success of free insti- this includes untold billions for trips to cluding Social Security surpluses— tutions at the heart of the greater Middle the Moon and Mars. There is billions Bush has a huge $675 billion deficit for East. more for Star Wars, which Mr. Bush in- this year. That is equal to 5.9 percent Achieving this vision will the work of tends to build now and test later. of our GDP, our gross domestic prod- many nations over time, requiring the same President Bush has taken the pro- uct, the second highest operating def- strength of will and confidence of purpose that propelled freedom to victory in the de- jected 10-year surplus of some $5 tril- icit since 1946. fining struggles of the last century. Today, lion that he inherited from President But President Bush claims this oper- we’re at a point of testing, when people and Clinton and turned that into a pro- ating deficit will drop to $470 billion in nations show what they’re made out of. jected 10-year deficit of nearly $5 tril- just 2 years. Then, according to his own

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.027 S04PT1 S582 CONGRESSIONAL RECORD — SENATE February 4, 2004 budget documents, the operating def- Look, everyone knows, we had the $69 Listen to this one: icit begins to rise, reaching $500 billion billion last year. We knew it wasn’t Medicare has no place in a free world. in 2009—deficits as far as the eye can enough, so he had to come back and I am not making this up. see. ask for $87 billion. He got that. We also Mr. HARKIN. Who said that? There are three huge problems here. know that is not enough. Yet the Presi- Mr. REID. The recently departed ma- No. 1, we are continuing to add debt at dent has the audacity, as the Senator jority leader of the House of Represent- a very rapid rate. No. 2, the glidepath has pointed out, to have a budget that atives, Dick Armey. is not downward to lower deficits but on September 30 of this year has no That is only part of what he said. upwards to bigger deficits, and it rises money for Iraq. Medicare has no place in a free world. more rapidly as we begin paying Social I say to my friend, no one believes I am not making this up. That is Security benefits to the baby boomers that. Yet the President puts it in his what he said. and, as the Social Security surplus budget as though it is factual. Social Security is a rotten trick. I think shrinks, the true direction of the budg- Mr. REID. Will the Senator yield for we are going to have to bite the bullet on So- et disaster under Bush’s plan becomes another question? cial Security and phase it out over time. clear. No. 3, the Bush budget does not Mr. HARKIN. Yes, I am delighted to These people are doing indirectly include costs that we all know we are yield. what they cannot do directly. They are going to have. Mr. REID. Does the Senator believe going to rob this Government of all the For example, get this. The Bush that in the Pentagon and in the bowels moneys they have until they have no budget does not include any additional of the White House they have already choice but to say what we have to do is funds for Iraq after September 30 of prepared the documents for a supple- basically do away with the Social Se- this year. In other words, for 2005, be- mental appropriations bill to take care curity program; do away with Medi- ginning October 1 of this year, fiscal of the funding in Iraq and poor little care. Let the private sector take care year 2005, there are zero dollars for Afghanistan, about which we seem to of it. If you want some retirement ben- Iraq. We will have no troops there? We have just forgotten? efits, get it at your job; and if the job will have no support going to Iraq? Mr. HARKIN. The Senator from Ne- doesn’t, save it. After September 30 it is just going to vada is very perceptive. He has been Social Security is a rotten trick. all end? Does anyone believe that? Yet here a long time. My good friend from That is what they think. But my moth- this budget has zero dollars in it for Nevada knows how these things work, er and father who drew Social Secu- Iraq after September 30 of this year. and he is absolutely right. The Senator rity—actually, my dad didn’t. He died That alone ought to tell you this budg- is right. We all know that. The Pen- too early. But my mother did. I don’t et is bogus. tagon already has figures put together. The 2001 tax bill left a timebomb think it was a rotten trick. I can re- In the bowels of the White House they member my grandmother. I was a little called the AMT, the alternative min- have figures put together. They al- imum tax. In 2001, fewer than 2 million, boy. Every month she got what we ready know it is going to cost money called and she called her ‘‘old age pen- mostly wealthy, taxpayers paid it. By for next year. 2010, if it is not changed, over 30 mil- sion.’’ That was Social Security. That Again, I guess I respond to my friend was what gave my grandmother inde- lion taxpayers will be paying it, mostly by asking him, why wouldn’t they be middle-class families. Nobody around pendence from her eight children. She honest with us? Why wouldn’t they be got her check. She didn’t have to de- here believes that is going to be al- honest and put this in the budget? be- lowed to happen. Everyone understands pend on her children. She was a widow. cause everyone knows the facts—that She got her Social Security check. it will be fixed, probably at a cost of it is going to cost some money after over $400 billion. So, what does the I thank my friend very much for September 30. talking about this budget, which is as Bush budget do? It just fixes it for 1 I ask my friend what possible reason year. Again, bogus. phony as a six-dollar bill. would they have for saying it costs Mr. DURBIN. Madam President, will What do these huge deficits mean, nothing and they are zeroing it out? coming ahead? They mean we are in- the Senator from Iowa yield for a ques- Mr. REID. Because they believe, in tion? creasingly dependent on the Chinese, my opinion, we will do whatever is nec- Japanese, Korean, and other foreign Mr. HARKIN. Yes. essary to fund the key things that are I thank the Senator from Nevada for governments and investors who buy important. I am sure down there they his questions and for answering one of our Treasury bonds. have taken into consideration the pro- I said to someone the other day, after my questions, too. The Senator is grams they say they are going to cut. looking over this budget and looking right. There is a part in this budget I believe this is just a prelude to hav- over who is loaning us money to buy where essentially the administration ing these people accomplish indirectly our bonds, we are actually borrowing points out that with the huge deficits, what they can’t do directly; that is, money from the South Koreans to fi- the Social Security system will be decimate and in effect void the Social nance our deficit. unsustainable in its present form. Talk Mr. REID. Will the Senator yield for Security laws that have been in effect about code words. There is a code word a question? for this country for more than 70 years. for privatization. Charge Social Secu- Mr. HARKIN. I am pleased to yield. Those people do not believe in Social rity, turn it over to the private mar- Mr. REID. I was struck by the state- Security. They don’t believe in Social ketplace, and let people take a chance ment made by the Senator from Iowa, Security. on whatever. I think the Senator from that this budget includes not a penny I carry this with me, because I want Nevada is absolutely right. I will not for our troops and the other programs people to know I don’t make this up. It say every Republican, because I can’t we have going on in Iraq. The question is my wallet. It is kind of worn. I am cast the net that far. But I would say I ask the Senator is, Does this kind of not going to read all of it. But let me there are forces in the Republican remind you of what took place last just read a couple of statements from Party—the Senator mentioned Senator year? Does the Senator remember that Senator Robert Dole, our friend, who is DOLE and Dick Armey. Newt Gingrich the President came and asked for a a nice man and does a good job now on said he wanted Medicare to wither on supplemental of $69 billion early in the television being a commentator. This the vine and also led the charge to try year, and then later came and asked is a direct quote. He said: to privatize Social Security. for $87 billion, in 1 year? I was there fighting the fight, one of 12 vot- There are forces at work and they are Mr. HARKIN. That is right. ing against Medicare because we knew it in control of the Republican Party now Mr. REID. Does the Senator from wouldn’t work in 1965. that do not like Medicare. They do not Iowa think for 1 minute we are going He is one of the patriarchs of the Re- like Social Security, and they will do to spend no money in Iraq, after last publican Party who gives advice and whatever they can to get rid of it. I be- year having had two supplementals in counsel to the President of the United lieve this budget is a step in that direc- the amount of more than $150 billion? States today. He doesn’t like Medicare, tion. Mr. HARKIN. I tell you, the Senator and most other people at the White I yield to my friend from Illinois for from Nevada has put his finger on it. House do not like Medicare. a question.

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.072 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S583 Mr. DURBIN. I want to ask the Sen- to do, rather than trying to get out of and my State of Illinois, we have lost ator a question through the Chair. I it, is going to dig us even further into 20 percent of our manufacturing jobs in thank the Senator from Nevada for his that hole and try to make it look not the last few years; America has lost 3 comments. so bad. They are trying to cut here and million jobs under this President, more But I have before me the budget. It is cut there, and doctor things up a little than any President since the Great De- now in four different books. I have the bit so it doesn’t look quite so bad. pression. So as we have lost these jobs lead book. By the time you get to page They put zero money in there for Iraq. and lost these businesses, and our econ- 14 of the President’s budget, right in Mr. DURBIN. If I might ask another omy is sinking—a jobless recovery is the front end of it, in the introduction, question—— no recovery where I live—we see other ‘‘Winning the War On Terror,’’ is a long Mr. HARKIN. It is a shell game. That countries who now take over our man- section on removing the threat of Sad- is all it is. ufacturing jobs, like China, and be- dam Hussein. It talks about Operation Mr. DURBIN. The Senator realizes cause they are selling more to the Iraqi Freedom, the removal of Saddam that only 4 years ago we had a $236 bil- United States, they have dollars and Hussein, and the responsibility of the lion surplus that we were strength- turn around and own our debt. United States in Iraq. ening Social Security with, paying So our workers do not have the jobs, If I understand the Senator from down America’s debt, and reducing the their children have the debt, and China Iowa correctly, despite the fact this is mortgage our children will have to is holding the mortgage. Is that the in the opening introduction of the carry. And now, if I am not mistaken, fact? budget, you can pour through this en- we are going to be faced with this Mr. HARKIN. The Senator is on to tire budget and not find a single budget which is the largest deficit in something. First of all, they are get- penny—not one cent—that is going to the history of the United States of ting our dollars for the products they be spent by the United States of Amer- America. make and send to this country with ica in waging the war in Iraq after Sep- My question to the Senator from cheap labor, with no Social Security tember 30 of this year. Iowa is this: In basic terms for those protections for the workers. They get Is that my understanding of what the following this discussion, how do we all those dollars. They then buy our Senator from Iowa said? pay for the debt? I am told every debt, they buy our bonds. The Senator Mr. HARKIN. The Senator from Illi- minute the Bush administration spends is right. They buy the bonds and then nois is absolutely right. I didn’t believe $991,000 more than we take in in taxes. there is interest on the bonds, a lot of it myself when I was first told of this. This results in a $520 billion deficit this interest. So who gets the interest pay- I started digging in the budget along year. I ask the Senator from Iowa, How ments? The Chinese get the interest with my staff. I said surely someplace do we balance the books? Where do we payments. in this budget they must have some turn with a deficit like this to help bal- So our workers lose their jobs, the money in there to fund our operation ance the books? jobs go to China, we buy their goods, in Iraq. Mr. HARKIN. We are not going to they get the dollars, they buy our You will look until your dying day balance it. But I tell you what they are bonds, and the Senator is absolutely and you will not find one penny in that doing. Effectively, they are going hat right. It is the workers’ families, the budget for our operations in Iraq after in hand to the Chinese, and they are kids who now have to pony up to pay September 30, you will just find a note saying, Please loan us some money. the interest charges. about possible funding. The Chinese will buy our bonds. Japan Now, I ask the Senator, looking Mr. DURBIN. I ask the Senator from is buying our bonds. I think Japan now ahead, if, in fact, we have these huge Iowa through the Chair this question: is the single largest owner of bonds. I budget deficits which are going to roll Has he heard any member of this ad- think China is No. 2, if I am not mis- on year after year, that means some- ministration suggest we will be with- taken. one has to finance this debt. So we will drawing all of our troops from Iraq be- Mr. DURBIN. Japan is $526 billion, still be going back to the Chinese and fore September 30 of this year? and China—I can give you the exact the Japanese, the Europeans and oth- Mr. HARKIN. I think the Senator number. I think the figure is $144 bil- ers, to buy our debt. asked a very good question. I don’t lion. I ask the Senator, if you are in the know. I have not heard them say that. Mr. HARKIN. From China? position of having a lot of money and But that is what the budget implies. Mr. DURBIN. China. you are buying debt, do you want high Mr. DURBIN. I am sure the Senator Mr. HARKIN. And they will keep interest rates or low interest rates? has visited with his National Guard in buying more and more and as the huge Mr. DURBIN. I say to the Senator Iowa as I have visited them in Illinois. deficits pile up America’s debt. This is from Iowa, clearly what we have here They have been told just the opposite. going hat in hand to China and Japan is a scarce commodity—dollars. And The Guard and Reserve have been acti- and South Korea and many other coun- the people who can come up with the vated and told they will be gone for a tries. To do what? To finance huge tax dollars want to get paid more for com- year or 18 months in service to our breaks for the wealthy. ing up with them in terms of interest. country. It is clear that once there we Mr. DURBIN. I ask the Senator from As the interest goes up that is being are going to support them. We will give Iowa to complete the thought; the ob- paid for those holding our debt over- them what they need to come home vious question which I ask which we seas, it runs up the interest rates in safely with their mission accom- ought to consider, where does China America in terms of how we can expand plished. But we can’t do it for nothing. get the dollars to buy the debt of the our businesses. My question to the Senator from United States? Where does China have So we have lost the jobs. We have Iowa is, Why would the President of a surplus of dollars coming in? What is lost the manufacturing. And with in- the United States refuse to include in it about China that they end up with terest rate pressure going up from all his budget one penny to wage this war all of these dollars? of the debt, we are making it more dif- in Iraq and this war in Afghanistan? Mr. HARKIN. I ask my friend from Il- ficult for businesses to rebound, build What is the purpose behind short- linois, what is the trade deficit we have in America, and create American jobs. changing this budget and making it with China? Is the Senator from Iowa aware of look cheaper than it actually is? I ask Mr. DURBIN. That is exactly the an- the figures given by Senator KENT the Senator from Iowa if he has any swer. It is a trade deficit. CONRAD on the Budget Committee that opinion. Mr. HARKIN. So we have a huge by 2009, every American will have as Mr. HARKIN. I will just say to my trade deficit with China. We are buying their personal share of our American friend all you have to do is go back and everything from China. They get the mortgage, our American debt, $35,283, look at 2002, 2003, and 2004. Look at the dollars, and we go hat in hand, a debtor so that the debt tax from the Bush ad- last 3 years of the Bush budget and you nation, and effectively say, please, buy ministration on every individual Amer- can see what happened. They have dug our bonds. ican will be over $35,000. themselves and our country into a Mr. DURBIN. And I ask the Senator I ask my friend from Iowa if he be- huge fiscal hole. Now what they want from Iowa, in your home State of Iowa lieves the people in his State, let alone

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.075 S04PT1 S584 CONGRESSIONAL RECORD — SENATE February 4, 2004 any other State, have a notion that asking, Why did the Federal Govern- While I do not agree with all the pri- President Bush’s failed economic pol- ment fail to fund this mandate? Why orities in the President’s budget, I icy is building up the mortgage on are you sending us the No Child Left think it is fair to say that we would every single American and American Behind mandate and failing to send the have $20 or $30 or $40 or $50 billion more family for years to come. money to help educate the children? for the priorities my colleagues spoke Mr. HARKIN. The Senator is right. I Again, we find this President’s budg- about if they would join with me in ask the Senator to repeat this figure. et is not funding his education pro- raising concerns about this bill. Mr. DURBIN. By 2009, each Ameri- gram. It is underfunding his mandate. The PRESIDING OFFICER. The Sen- can’s share of the debt will total Does the Senator find the same thing ator from Illinois. $35,283. as he travels through Iowa? Mr. DURBIN. Mr. President, I ask Mr. HARKIN. That is bad enough in The PRESIDING OFFICER (Mr. AL- unanimous consent to be recognized in itself. I say to the Senator, also by EXANDER). The Senator from New morning business. 2009, the interest payments on this debt Hampshire. The PRESIDING OFFICER. The Sen- that we are piling up under this budget The time of the Senator is expired. ator is recognized. that we have will lead to $980 for the Mr. HARKIN. How much time was I f credit card of every man, woman, and allowed? child in America. In other words, a The PRESIDING OFFICER. There is THE BUDGET AND THE DEFICIT family of four will pay nearly $4,000 a 30-minute time limit. Mr. DURBIN. Mr. President, I would just in interest on the debt in just that Mr. HARKIN. Under what rule was I like to engage my colleague from Iowa year. They are not buying it down but allowed 30 minutes? in a dialog on this issue relative to the just paying the interest charges. And, The PRESIDING OFFICER. We had budget and the deficit. with the policies of this administra- an order for a 30-minute time limit for The question I asked earlier related tion, they will just grow and grow. We morning business. to the experience of the Senator from know what happens to families as they Mr. SUNUNU. It is my understanding Iowa when he traveled his State and have a growing difficulty just paying the Senate is in a period of morning the response of the people of Iowa when the interest on their credit cards. business with a time limit not to exit came to the suggestion of President Where is a big chunk of that interest ceed 30 minutes. I will not take that Bush that his tax cut program—pri- rate payment going? much time. I wish to speak very briefly marily for the wealthiest people in the Mr. DURBIN. Certainly it goes over- and ask a rhetorical question, since I country—be made permanent law. And seas. am not allowed to ask a question of a I asked the Senator: I know that every- And I ask the Senator from Iowa, the Senator who does not have the floor. one likes a tax cut, but what are you President said in the State of the But then I would be pleased, if permis- finding? Union, the key to the future of the sible under the rules, to yield the re- If I might have the permission of the American economy is to make the tax mainder of my time to the Senator Chair to ask this question of the Sen- cuts for the wealthiest people in Amer- from Iowa. ator from Iowa, without yielding the ica, permanent law. The PRESIDING OFFICER. Without floor—— I ask the Senator from Iowa, as he objection, it is so ordered. The PRESIDING OFFICER. Without has traveled his State and I have trav- f objection, it is so ordered. eled mine, as well, has the Senator Mr. DURBIN. What are you finding to found with the working families, a hue SPENDING be the response, as you travel through- and cry, demands to keep President Mr. SUNUNU. Mr. President, I hap- out your State, in terms of the Presi- Bush’s tax cuts in place, tax cuts that pened to come to the floor to hear my dent’s tax cut policy? have basically given us the biggest def- colleagues from Illinois and Iowa talk- Mr. HARKIN. Mr. President, I reply icit in the history of the United States ing about their concern for the deficit to my friend from Illinois, as I traveled and have failed to create jobs? Has the and for spending priorities, and I share around my State since we adjourned Senator heard this in the State of their concern. back in December, I have not heard Iowa? However, it is worth noting that at anything about making this tax cut Mr. HARKIN. Not only have I not this time the pending business of the permanent. I cannot think of one per- heard from the people in the State of Senate is a transportation bill that is, son who came up to me saying that. Iowa, even friends of mine who have a by any standards, enormous. It rep- But I will tell you what I did hear a lot lot of money, who make a lot of resents an increase of over 40 percent about. money, have basically told me: You over the previous 6-year bill. It rep- As the Senator pointed out, I heard guys are crazy what you are doing back resents a dramatic expansion in the from my schools on No Child Left Be- there. You have to get this economy size and scope of Federal Government. hind, that they are being underfunded. straight. It totals over $300 billion. Unfortu- Special education is taking its toll on Even the people who made out under nately, it seeks to obtain funds by di- property taxpayers all over our State, this tax break, if they are honest—and verting general revenue tax receipts and they are demanding the Federal many are—are saying: Wait a minute, into the highway trust fund, something Government live up to its promise on this is not right for America, not right that has never been done before. special education. I am hearing about for our economy. To the best of my knowledge, both of the loss of manufacturing jobs in our Mr. DURBIN. I ask through the my colleagues who spoke earlier are State. And there are no jobs to be had. Chair, I know the Senator from Iowa more than willing to vote for this enor- I am hearing about the need for better has had a leadership position when it mous spending measure. health care for people who do not have comes to education and health issues I just do not think it is credible to health insurance in our State. in his appropriations subcommittee. I take the floor and raise concerns about I am hearing about the high cost of ask the Senator from Iowa, is the Sen- deficits and spending priorities and, at education. So many middle-class fami- ator hearing the same thing I am hear- the same time, be willing to support lies now, and low-income families, are ing as you visit school districts in Iowa such a massive increase in infrastruc- simply being priced out of higher edu- and sit down with school board mem- ture spending, when we know full well cation. It is taking more and more bers and principals and teachers, re- that States are very capable of making money to get into college. Right now, a garding No Child Left Behind, which is sound decisions for this kind of con- Pell grant provides for about—under imposing a requirement for testing struction and investment. We know this budget—30 percent, give or take 1 kids to find out the progress they are full well that it is wrong to divert percent—maybe 31 percent—of the cost making—and there is nothing wrong money from the general revenue fund of college. Just 4 years ago, it was 40 with that—but then when they find the in order to support an expansion of this percent. So we have lost 25 percent of kids are falling behind, does the Sen- funding. And we know full well this bill the purchasing power just of a Pell ator hear in Iowa the same as I do in Il- is significantly in excess of what has grant. And these are for poor kids to go linois, hear that these educators are been proposed by the President. to college. Twenty-five percent, just in

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.077 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S585 4 years, has been eroded. Yet this budg- our schools in Iowa and Illinois, taking But there is another course we can et keeps Pell grants right where they the test, finding the challenge, but take that is sinister and ugly. It is the have been—with not one penny of an without the resources to address it? I course that says: Incidentally, when increase. ask unanimous consent, through the those minority students don’t come to So I say to my friend from Illinois, Chair, for the Senator from Iowa to re- school, don’t go looking for them— this is what I hear Iowans talking spond, without my yielding the floor. would you?—because they are dragging about. The PRESIDING OFFICER. Without down the test scores. That would be a Mr. DURBIN. If I might further en- objection, it is so ordered. terrible outcome. gage my colleague from Iowa in this di- Mr. HARKIN. I say to my friend from Mr. HARKIN. Or vouchers. alog and go back to the point I made Illinois, Lew Finch, who is the retiring Mr. DURBIN. Or vouchers. And for earlier, I say to the Senator, he has superintendent of schools in Cedar those—and there are many, even in been chair and ranking Democrat on Rapids, talked to me about this. There this Chamber—who have given up on the Appropriations subcommittee that was an article in the paper also quoting public education long ago, this is the is responsible for education and health, him saying that their good schools are answer to their prayers. and he has done a substantial and mar- failing and they are doing it for the Mr. HARKIN. I know. velous job, including record funding for exact reason the Senator from Illinois Mr. DURBIN. They will get bad test the National Institutes of Health and pointed out. But here is what he said to scores and say: Didn’t we tell you pub- amazing efforts to help the funding of me. lic education has failed in America? I education. He said: I fear that all the progress say to the Senator from Iowa, I think I ask my friend and colleague from we have made in the past, under things the funding of education is pushing us Iowa to just reflect on what I have like the Americans with Disabilities into a critical moment in the future of found, and I ask if he has found the Act, IDEA, Individuals with Disabil- public education. Starting just 2 weeks same. I have gone to good schools in Il- ities Education Act, and integrating ago, with the signature on the Omnibus linois, and they have told me the re- students in schools, bringing kids with appropriations bill, we will have the sults of the testing. The results of the disabilities into the mainstream of first Federal funding of a voucher protesting, in the most recent rounds of schools—he said: I fear what we are gram for private schools in the history testing in No Child Left Behind, re- going to start doing is now segregating of the United States of America. quired that the students reach a 60-per- them out one more time, segregating Mr. HARKIN. Right here. cent plus of performance in terms of them out of our schools again because Mr. DURBIN. Right here in the Dis- their learning ability and learning at- they are being a drag on all the other trict of Columbia. tainment, education attainment—60 students. Mr. HARKIN. Absolutely. percent. Mr. DURBIN. Let me add to what the Mr. DURBIN. It is an answer to the In some of the schools I have visited Senator from Iowa said. This year we prayers of those who have a loathing in the suburban areas of Chicago—not will celebrate the 50th anniversary of for public education and for the teach- in the cities, in the suburban areas of Brown v. Board of Education, 50 years ers in public schools who many think Chicago—here is what we found. When in America where we have said the in- have the wrong political allegiance, they took the test, we found that the tegration of schools is essential to whatever the reason might be. When white students in the schools were equality of opportunity. Separate but you put all this together, you realize it testing slightly over 60 percent. So equal—Plessy v. Ferguson—was re- is more than dollars. We are moving they were meeting their target. The jected by the Supreme Court 50 years ourselves to a decision that is calling African-American students were test- ago, moving us toward a colorblind into question 50 years of American his- ing in the 40-percent range; the His- America and the integration of races in tory and more. panic students in the 25- and 30-percent America, something essential to put I ask the Senator from Iowa, what is range; and the special education stu- the era of slavery and racism behind his impression as he reviews No Child dents, the students with disabilities, us. Left Behind and this funding and the below 20 percent. All of these sub- Mr. HARKIN. Jim Crow. challenges it presents? groups, if there are certain numbers of Mr. DURBIN. And I say to the Sen- Mr. HARKIN. Our budget has basi- them in each school, are all expected to ator from Iowa—and I know how deeply cally two purposes. Any budget, wheth- hit 60 percent. he feels about special education—I feel er it is your own personal family budg- I ask the Senator from Iowa if he has the same way, the same intensity level et, a business budget, or the Govern- had similar experiences, and if he about the reaction, as parents walk ment budget, has two purposes: One is would share them with me and try to into the school board meeting and say: to balance income and outlays—in answer the question these educators This high school that I planned on other words, what is the income and asked. They said: If these groups are sending my son to, my daughter to so what are the outlays, try to get some not meeting the test scores they are she could get into a good college, I read balance between the two—and the sec- supposed to meet, and we are going to in the morning paper is a failing ond purpose is to set priorities, be labeled a failing school because of school. Will you tell me why I made choices. that, what are we supposed to do? What the sacrifice to buy an expensive home I am sure the Senator is like I am. will you do to help us in terms of men- in the suburbs to send my child to a When you have an income, you sit toring students, tutoring students, school for his future or her future and down and say, this is our income. What afterschool programs, and summer now it is a failing school? Explain it to is our mortgage? What is our car pay- school programs? me. ment? What is our tuition, all those My response to them, sadly, is, if you The educators will put the test scores sorts of things. You add it up and you look at President Bush’s own budget up, and they will see it is the minority make choices on how you budget. for No Child Left Behind, he students and the students of Hispanic That is what this budget is. It is underfunds the promised money for ancestry, as well as the special edu- about choices, the choices that this these school districts. The law author- cation students, who are leading to President has chosen: tax breaks for izing No Child Left Behind said this this conclusion. the wealthy, continue those and make year we would send $34.3 billion to Now, two things can happen, I say to them permanent; continue to ship our school districts across America to help the Senator from Iowa. The good thing jobs overseas; continue to underfund these kids—$34.3 billion—and the budg- that can happen is we will say: What education, as the Senator has pointed et only provides $24.9 billion. So we are can we do to bring all test scores up, out; and continue this march towards underfunding it by $9.4 billion. particularly for those kids who are not bigger and bigger debt, bigger and big- Mr. HARKIN. Nine billion dollars, doing well. Well, you will not find the ger deficits that is going to choke off yes. answer in this budget. This budget any hope of having a viable Social Se- Mr. DURBIN. I ask the Senator, who misses the target by $9 billion in pro- curity and Medicare system for our deals with this appropriation, and the viding extra teachers, extra tech- kids and grandkids. Those are the money behind it, where does this leave nology, extra attention. It is not there. choices in this budget.

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.082 S04PT1 S586 CONGRESSIONAL RECORD — SENATE February 4, 2004 Mr. DURBIN. I say to the Senator That is what brought my mother as an million Americans will have their over- from Iowa, he and I have a mutual immigrant to this country and millions time pay protection removed. friend in former President Bill Clinton like her. Now the concern is that de- One person said to me: My time with who spoke to a group of Democratic spite your good values, despite your ef- my family is premium time. If I have Senators a week or so ago. He said: fort, despite your hard work, you can’t to give up my premium time with my When you look at this budget and you reach that point of security because family to work overtime, I ought to get project what this administration and the Senator from Iowa is hearing, as I some premium pay at time and a half. this budget are headed to, it is the con- am, retirees finding that their retire- That has been in law since 1938, the centration of wealth and power in ment benefits are being cut off. Their Fair Labor Standards Act. This admin- America, the breakdown of our effort health care benefits are cut off. istration, with one stroke of the pen, to enlarge the middle class in America These people also wonder if Social one set of proposed rules is going to un- and, frankly, to accept—sadly—the re- Security and Medicare will be there dermine overtime pay protections for ality of the haves and have-nots, the when they need it. If we reach the up to 8 million Americans. I can’t fath- disparity in income. point where we have diminished those om why they would want to do this to We don’t find in this budget an effort institutions through the prescription hard-working Americans. to lower the ladder to allow people to drug bill on Medicare, through this Mr. DURBIN. What was the name of come climbing up, as your parents and budget and its raid on the Social Secu- the law? my parents and we did in our own lives. rity trust fund for years to come, then, Mr. HARKIN. The Fair Labor Stand- That is the worst part of this budget, frankly, we have walked away from the ards Act. as the Senator said, tax breaks for heritage we received. Mr. DURBIN. The Fair Labor Stand- wealthy people, for this to be the hall- Mr. HARKIN. If the Senator will ards Act of 1938. Is this not the only mark of this administration for the yield. time since the passage of this law that next year. It has failed to lift the econ- Mr. DURBIN. I am happy to yield for any President, Democrat or Repub- omy. It has failed to create jobs. What a question. lican, has reduced overtime coverage Mr. HARKIN. There was a recent ar- it has done is drag us deeply and deeply and protection for American workers? ticle in Time magazine talking about into debt. This is the first time it has ever been The Senator brought up the issue of how life in America now for many mid- done? Social Security. We went through the dle-income families, low-income fami- Mr. HARKIN. That is true. I want to Medicare bill, the prescription drug lies has become a game of chance. The be very fair. We have changed the Fair bill. I have certainly been back to talk game is kind of rigged against you. Labor Standards Act a number of times I remember reading a little news- to my seniors in Illinois about it. What since then because some of the job de- paper article and the headline was: Vi- have you found in Iowa as you traveled scriptions, buggy whip manufacturers etnamese Immigrants Achieve Amer- and buggy harness makers, have gone around about that bill? ican Dream, Win State Lottery. The Mr. HARKIN. Well, again, people in out, obviously. story went on to talk about this Viet- Illinois are not that much different But, at the same time, we have al- namese couple. They bought a lottery than the people in Iowa. I hear the ways expanded overtime pay protec- ticket and won the lottery. The idea same things you hear. People are tion. So the Senator is right. This is that this is the American dream, a one- frightened. They are not frightened of the first time since 1938 where an ad- in-a-million chance of winning the lot- Saddam Hussein. They are not even ministration has said we want to re- tery, that is the American dream, that strict, tighten down, the amount of frightened by Osama bin Laden. They our life is a roll of the dice, the odds people who are eligible for overtime believe we will have the power and the are a million to one against you. No, pay protection. wherewithal to protect our citizens, that is not the American dream. The Mr. DURBIN. To follow up on that maybe not with absolute certainty but American dream is what your parents point, is my impression correct that with enough that they will feel com- and my parents did, to work hard, to the Bush administration didn’t just fortable in their homes and businesses save, to buy a home of their own, to sign the law, they sent out information and in their travel. educate their kids and build a better to employers across America saying What they are frightened about is life. their kids’ education. They are fright- Mr. DURBIN. Let’s pursue one aspect here is the way to cut the overtime pay ened about not being able to pay the of that which has been an issue on of your employees; that the Bush ad- next health care bill because they don’t which the Senator has been the leader. ministration proactively sent out this have adequate health insurance. They Not only has this administration cost information encouraging employers to are concerned about whether or not us 3 million jobs during the 3 years cut their employees off of overtime? there is going to be a viable Medicare plus that the President has been in of- Mr. HARKIN. Well, the Senator is system for their parents, and whether fice, more jobs lost than any President right. Again, this is mind-boggling. I their parents will truly get any pre- since the Great Depression, but now, to will say this—and again to be as fair as scription drug help at all. There is add insult to injury, the hardest work- possible—there was one part of the pro- some confusion right now. People were ing Americans, the ones who say we posal that was good, which was to raise promised a prescription drug benefit. It are going to keep going, not just 40 the low-income base from about $8,000 passed the Congress last year. The hours a week but whatever it takes for to about $21,000. That means that right President signed it. Now we are finding our family, those working hard with now, no matter who you are in this out that it is not going to help them time away from their family, working country, if your pay is less than $8,000 that much and that most of the money overtime to pay the bills, to get the a year, you are guaranteed overtime is going to the pharmaceutical compa- money together for college, would the regardless of what you do. Well, that nies. Senator from Iowa share with those needed to be raised for some time. No- That is what I find. People in Iowa who are following this debate what this body argues that. They wanted to raise are afraid that we are headed in the administration has done to overtime it to $21,000. We agree with that. But in wrong direction. I sense this kind of pay for Americans for the first time in doing so, they issued advice to employ- mood among people, that they know it history? ers on how to get around it. They said is not right. Mr. HARKIN. It is amazing. Last we are going to raise the base to Mr. DURBIN. One of the Presidential year this administration came out with $21,000, but here is advice on how to get candidates, one of our colleagues, re- proposed rules to change how overtime around it. No. 1, what you do is simply fers to two Americas, an America for is figured. Those changes were made work your people longer and you build the wealthy and an America for every- without one hearing, not one. Without that into their base pay. So you work one else. What the Senator has just de- any consultation with Congress, they them longer, but you don’t have to pay scribed is what I hear. People who real- just rolled them out there. There was them any more. ly believed in the American dream not one public hearing on it. Secondly, they said if they are near thought that with enough hard work Without going into all the fine de- $21,000—let’s say $20,500—you may want and the right values you could succeed. tails, it basically means that up to 8 to raise their pay to $21,000 and then

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.084 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S587 they are exempt and you save by not Mr. HARKIN. Yes, to protect them but we are not going to pay you over- paying overtime. There is gimmick and their right to overtime. The House time. The American people won’t buy after gimmick on how they can basi- of Representatives earlier passed a bill that. We are going to continue to fight cally get around it. I said this on the and it lost by about four votes. After here to protect their overtime rights. floor. This is like the IRS issuing ad- we passed it, it went back to the House Mr. DURBIN. I thank the Senator for vice to tax cheats on how to cheat on and they had a big vote to instruct this dialog about the budget and about their income taxes. conferees. In other words, telling their issues involving working families in Mr. DURBIN. Under the Bush admin- conferees to go along with the Senate America. I thank him for his leadership istration, we have lost 3 million jobs, provision on this. So we had that. We time and, again, whether on special we have seen thousands and thousands went to conference and before the con- education, funding for college ex- more manufacturing jobs lost in your ference came to this issue, the gavel penses, or protecting American work- State and mine—probably gone forever was banged and we were never invited ers on overtime, he has been a leader in to China and other places, and then back. Guess what. What we voted on the Senate and he will continue to be. this Department of Labor, for the first here and what the House agreed to dis- There is much more that needs to be time in history, decides that hard- appeared, because the administration said about this budget. At this point, I working Americans will not be paid came in and said they didn’t want it in will defer to others who want to join in overtime and says 8 million of these the big appropriations bill we passed a this conversation. Americans stand to lose their overtime couple weeks ago. So they thwarted I yield the floor. pay. If the Senator from Iowa will help the will of Congress, and of the con- Mr. HARKIN. Mr. President, I ask me, if we could tell those following this ferees who never got to vote on the unanimous consent to speak for about debate, what kind of workers are we issue. Most important, they thwarted 5 more minutes. talking about? I heard Senator KEN- the will of the American people. But I The PRESIDING OFFICER. Without NEDY say we are talking about nurses have an amendment in my desk drawer objection, it is so ordered. and we are talking about people who and every appropriate opportunity this Mr. HARKIN. Mr. President, I thank are involved in firefighting and police Senator gets, I am going to offer it my friend for his kind words and recip- protection. here on the Senate floor because Amer- rocate by thanking him for his leader- Mr. HARKIN. That is right. ican workers deserve to have their ship on the floor and in our caucus, and Mr. DURBIN. These are the people, overtime protected—nurses, fire- for always being here to respond and unless protected through a collective fighters, police officers, ordinary work- make sure we have the information we bargaining agreement, who could lose ing people all over America. If they are need on which to base our votes. We their overtime pay. I say to the Sen- going to be asked to give up their preserved together in the House and we ator, I don’t know what it is like in his mium time with their families, they are together in the Senate, and I could State, but we are desperate for nurses deserve time and a half. not ask for a better neighbor either in my State. We are looking all over Mr. DURBIN. I will say this and I here or across the Mississippi River. the world to bring in nurses. Along will yield the floor. We have a mutual I will close by again saying this—and comes the Bush administration saying friend, Congressman DAVID OBEY of I will have more to say about this here is a way, incidentally, for this Wisconsin, who has a favorite saying later. The budget the President has hospital to stop paying overtime to on the floor of the House about Mem- proposed is just one that will harm nurses. It is a tough profession being a bers of Congress posing for ‘‘holy pic- America. It is going to harm our work- nurse, demanding. We count on them tures.’’ In this situation, with the vote ers, increase our deficit and, quite when somebody in our family is ill. the Harkin amendment asked for in the frankly, it is going to put in jeopardy What is going on here when we are cut- Senate, Democrats and Republicans the Social Security and Medicare sys- ting overtime for nurses? Why would said we are against this Bush policy of tem. this administration make that part of cutting 8 million Americans off of It is a shame all this has been squan- their economic policy? overtime pay, and then the House of dered in just 4 years. I believe we in the Mr. HARKIN. Well, it is one way Representatives in instructing con- Senate need to respond, we need to say some unscrupulous employers—I would ferees said we are against this Bush no to this Bush budget, and we need to not say all—will be helped. Again, I policy, so that all of us were posing for have a budget that puts us back on the must say to my friend that prior to this big group picture—holy picture— path we were on just 4 short years ago. this rule being issued last year by the on how we are standing with American With that, we can have a budget that administration, and even during the workers. will be in balance, and we can have a debate on this last year, I never had In a matter of 5 minutes, as the gavel future that is much brighter for our one employer in my State come up to is struck in the conference committee, workers, for our children, and for our me and say we need that. Not one. Ob- the Bush White House prevailed and elderly. viously, there are some someplace who this rule striking overtime for 8 mil- Mr. President, I will have more to want to get it changed. They must lion American workers is signed into say about the budget in the coming have very close friends in the White law by the President. Is that the final days and weeks before the budget reso- House. This is one way of working peo- result, until your amendment comes lution is brought to the floor. ple longer hours. American workers along, I hope? I thank the Presiding Officer. I yield now work a longer work week than any Mr. HARKIN. The final result is the the floor and suggest the absence of a other workers in any other industri- rules are still pending. They have not quorum. alized country right now. Now they implemented them yet. As I under- The PRESIDING OFFICER. The want to work them longer and not pay stand it, they want to get the rules fi- clerk will call the roll. them overtime. nalized by March, which is next month. The assistant legislative clerk pro- Mr. DURBIN. To close this chapter So they want to finalize the rules, put ceeded to call the roll. completely, I want the Senator to tell them out there, and it is going to be Mr. FRIST. Mr. President, I ask us about the legislative history. Didn’t very hard for us to turn them back unanimous consent that the order for you ask us to vote on this on the floor again. But we will. The American peo- the quorum call be rescinded. of the Senate? Didn’t you ask us to say ple will not stand for having their over- The PRESIDING OFFICER. Without to the administration, no, you cannot time pay protection taken away. Time objection, it is so ordered. cut 8 million people off of overtime. and a half, for time over 40 hours a f Didn’t the Senate decide that? What week is something every American happened? worker deserves. Some families rely on LOCAL LAW ENFORCEMENT ACT Mr. HARKIN. We had a vote here last that extra time. They give up premium OF 2003 summer to basically keep this rule time and they work longer so they Mr. SMITH. Mr. President, I rise from going into effect. It passed the make a little extra money to get their today to speak about the need for hate Senate on a bipartisan vote. kids through school. Now we are going crimes legislation. On May 1, 2003, Sen- Mr. DURBIN. To protect workers. to say we are going to work you longer, ator KENNEDY and I introduced the

VerDate jul 14 2003 01:38 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.086 S04PT1 S588 CONGRESSIONAL RECORD — SENATE February 4, 2004 Local Law Enforcement Enhancement pion of wildlife and conservation pro- their Medical Imaging Equipment Divi- Act, a bill that would add new cat- grams. Joe was a lifetime member of sion. He retired from Picker after 30 egories to current hate crimes law, numerous sporting organizations which years of service as a regional sales sending a signal that violence of any included in Safari Club International, manager. kind is unacceptable in our society. SCIF Sables, Rocky Mountain Bighorn Joe Leta was born July 16, 1931 in One such crime occurred on April 13, Sheep Foundation, The Mule Deer New Castle, PA as the only child of Jo- 2001, in San Antonio, TX. A 39-year-old Foundation, The Elk Foundation, The seph and Edith Leta. His wife of 49 man was attacked in a park because he Alaskan and Canadian Outfitters Asso- years, Shirley and their three children, was thought to be homosexual. After ciation, The Wild Turkey Federation, Joseph, Jr., Christopher, Lisa (Charles) stopping to examine some rocks, the and The National Rifle Association. Stanley, and one grandchild, Lacy, sur- victim was approached by a man with a He had a particular passion for Safari vive him. knife who held him in a bear-hug be- Club International and served as Presi- Joe and Shirley resided in Evergreen, fore stabbing him in the chest. The dent of the SCI Denver Chapter until CO for the past 26 years and they are attacker used anti-gay slurs as he at- September 2003. Concurrently and sub- members of Christ the King Catholic tacked his victim. sequent to his tenure as Chapter Presi- Church and the Hiwan Golf Club in Ev- ∑ I believe that Government’s first dent, he was also very active at the Na- ergreen, Colorado. duty is to defend its citizens, to defend tional level for SCIF by serving on the f them against the harms that come out Ethics Committee, The Conservation MESSAGE FROM THE HOUSE of hate. The Local Law Enforcement Committee, The Guides and Outfitters At 1:59 p.m., a message from the Committee, Director of SCIF Nomi- Enhancement Act is a symbol that can House of Representatives, delivered by nating Committee, Governmental Af- become substance. I believe that by Ms. Niland, one of its reading clerks, fairs Committee, Convention Com- passing this legislation and changing announced that the House has passed mittee, Humanitarian Committee, and current law, we can change hearts and the following bill and joint resolution, as a Director at Large. minds as well. in which it requests the concurrence of In recognition of Joe’s years of dedi- f the Senate: cated service, the Safari Club Inter- ADDITIONAL STATEMENTS national will posthumously present H.R. 3724. An act to amend section 220 of the National Housing Act to make a tech- him with the President’s Award at nical correction to restore allowable in- SCI’s 32nd Annual Hunters’ Convention RETIREMENT OF JUDGE BARZ creases in the maximum mortgage limits for in Reno, NV in January 2004. FHA-insured mortgages for multifamily ∑ Mr. BAUCUS. Mr. President, I rise As president of the SCI Denver Chap- housing projects to cover increased costs of today to honor a good friend of mine, ter, he inaugurated the establishment installing a solar energy system or residen- Judge Diane Barz, who is retiring from of the SCI Denver Sables, which is a tial energy conservation measures. her successful career as a Yellowstone club venue for sports women and men H.J. Res. 84. Joint resolution recognizing the 93d birthday of Ronald Reagan. County District Court Judge. dedicated to preserving our hunting Judge Barz is a remarkable woman heritage through education. Joe re- The message also announced that the who has enjoyed a distinguished and cently proposed that the SCI Denver House has agreed to the following con- wonderful career as a member of the Chapter establish a scholarship fund current resolution, in which it requests Montana Bar. Judge Braz’ career is no- for needy junior and senior college stu- the concurrence of the Senate: tably one of ‘‘firsts.’’ She was the only dents who major in wildlife and con- H. Con. Res. 354. Concurrent resolution to woman in her University of Montana correct technical errors in the enrollment of servation management. As a tribute to the bill S. 610. Law Class of 1968, was the first female Joe, the Board of Directors approved The message further announced that law clerk to the Montana Supreme the proposal and named the fund The the House agree to the amendments of Court, started the first ‘‘female’’ law SCIF Sables Joe Leta Hunting Heritage firm with her colleague Doris Poplar in the Senate to the bill (H.R. 2264) to au- Scholarship Fund. thorize appropriations for fiscal years 1973, was the first woman district court During Joe’s tenure as SCI Denver 2004 and 2005 to carry out the Congo judge, and youngest, and the first fe- Chapter President, he presided over Basin Forest Partnership (CBFP) pro- male attorney appointed to the bench such club accomplishments as program, and for other purposes. of the Montana Supreme Court. moting the Sportsmen Against Hunger Judge Barz has not only been an ex- Program, which distributed over 3,000 f emplary attorney and member of the pounds of fresh salmon to Colorado’s ENROLLED BILL SIGNED bench, she has been a role model for various humanitarian food banks. He The message also announced that the women and champion for children. also presided over several revenue gen- Speaker has signed the following en- Anyone who has worked with Judge erating programs for the benefit of the rolled bill: Braz knows that what ever she does, Colorado Division of Wildlife by pro- H.R. 2264. An act to authorize appropria- she does it with a leading role. Judge moting big game hunting licenses. Nu- tions for fiscal year 2004 to carry out the Barz has been instrumental in the de- merous wildlife students at Colorado Congo Basin Forest Partnership program, velopment of your court in Montana as State University have received edu- and for other purposes. we know it today. She doesn’t just sit cational grants from the SCI Denver The enrolled bill was signed subse- back—she gets the job done! As a mem- Chapter under Joe’s direction. quently by the President pro tempore ber of the bench, she has been gentle Joe was even instrumental in helping (Mr. STEVENS). and compassionate with children and the Wyoming Game and Fish Depart- f families when the circumstances re- ment by directing SCI funds to con- quired it, but she could be as tough as struct an anti-poaching cabin in one of MEASURES REFERRED nails when justice demanded it. Most Wyoming’s more remote regions where The following bill was read the first importantly, Judge Braz always as- unlawful hunting was a problem. Joe and the second times by unanimous pired to do what was right for the chil- was also a champion of the newly consent, and referred as indicated: dren and families of Montana. We have formed Colorado Sportsman’s Caucus H.R. 3724. An act to amend section 220 of all been well served by her.∑ which is a sportsman’s support group the National Housing Act to make a tech- that interfaces with members of the nical correction to restore allowable in- f creases in the maximum mortgage limits for Colorado Legislature on hunting, fish- TRIBUTE TO JOSEPH E. LETA FHA-insured mortgages for multifamily ing and various other outdoor and wild- housing projects to cover increased costs of ∑ Mr. ALLARD. Mr. President, I rise to life issues. installing a solar energy system or residen- pay tribute to Joseph E. Leta, whose After graduating from Youngstown tial energy conservation measures; to the endless enthusiasm and energy pro- University and completing a tour of Committee on Banking, Housing, and Urban moted many of Colorado’s sportsmen’s duty in the U.S. Air Force as an x-ray Affairs. organizations. Mr. Leta, who passed technician, Joe joined Picker Inter- The following bill was read, and re- away on January 14, 2004, was a cham- national as a sales representative for ferred as indicated:

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.090 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S589 H.R. 1446. An act to support the efforts of tion Policy, Department of Defense, trans- Department of Housing and Urban Develop- the California Missions Foundation to re- mitting, pursuant to law, the report of a rule ment, transmitting, pursuant to law, the restore and repair the Spanish colonial and entitled ‘‘Electronic Submission and Proc- port of a rule entitled ‘‘Modification of the mission-era missions in the State of Cali- essing of Payment Requests’’ (DFARS Case Community Development Block Grant Defi- fornia and to preserve the artworks and arti- 2002–D001) received on January 22, 2004; to nition for Metropolitan City and Other Con- facts of these missions, and for other pur- the Committee on Armed Services. forming Amendments’’ (RIN2506–AC15) re- poses; to the Committee on Energy and Nat- EC–6118. A communication from the Prin- ceived on January 22, 2004; to the Committee ural Resources. cipal Deputy, Office of the Under Secretary on Banking, Housing, and Urban Affairs. EC–6129. A communication from the Direc- f of Defense for Personnel and Readiness, transmitting, pursuant to law, the report of tor, Office of Hearings and Appeals, Depart- EXECUTIVE AND OTHER a retirement; to the Committee on Armed ment of the Interior, transmitting, pursuant COMMUNICATIONS Services. to law, the report of a rule entitled ‘‘Special Rules Applicable to Public Land Hearings The following communications were EC–6119. A communication from the Prin- cipal Deputy, Office of the Under Secretary and Appeals’’ (RIN1090–AA84) received on laid before the Senate, together with of Defense for Personnel and Readiness, January 22, 2004; to the Committee on En- accompanying papers, reports, and doc- transmitting, pursuant to law, a report rel- ergy and Natural Resources. uments, and were referred as indicated: ative to the Defense Task Force on Domestic EC–6130. A communication from the Direc- EC–6108. A communication from the Sec- Violence; to the Committee on Armed Serv- tor, Office of Congressional Affairs, Nuclear retary of Agriculture, transmitting, pursu- ices. Regulatory Commission, transmitting, pur- ant to law, the Department of Agriculture’s EC–6120. A communication from the Chair- suant to law, the report of a rule entitled Performance and Accountability Report for man and President, Export-Import Bank of ‘‘Financial Information Requirements for Fiscal Year 2003; to the Committee on Agri- the United States, transmitting, pursuant to Applications to Renew or Extend the Term culture, Nutrition, and Forestry. law, a report relative to a transaction in- of an Operating License for a Power Reac- EC–6109. A communication from the Ad- volving U.S. exports to Mexico; to the Com- tor’’ (RIN3150–AG84) received on February 3, ministrator, Agricultural Marketing Serv- mittee on Banking, Housing, and Urban Af- 2004; to the Committee on Environment and ice, Department of Agriculture, transmit- fairs. Public Works. ting, pursuant to law, the report of a rule en- EC–6121. A communication from the Sec- EC–6131. A communication from the Dep- uty Associate Administrator, Environmental titled ‘‘Hazelnuts Grown in Oregon and retary of the Treasury, transmitting, pursu- Protection Agency, transmitting, pursuant Washington; Establishment of Interim Final ant to law, a six-month periodic report on to law, a copy of a document recently issued and Final Free and Restricted Percentages the national emergency with respect to Iraq related to the Agency’s regulatory programs; for the 2003–2004 Marketing Year’’ (FV04–982– that was declared in Executive Order 12722 of to the Committee on Environment and Pub- 1) received on February 3, 2004; to the Com- August 2, 1990; to the Committee on Bank- lic Works. mittee on Agriculture, Nutrition, and For- ing, Housing, and Urban Affairs. EC–6122. A communication from the Chair- EC–6132. A communication from the Chair- estry. man, Nuclear Regulatory Commission, trans- EC–6110. A communication from the Ad- man and President, Export-Import Bank of the United States, transmitting, pursuant to mitting, pursuant to law, the Commission’s ministrator, Agricultural Marketing Serv- Fiscal Year 2005 Performance Budget; to the ice, Department of Agriculture, transmit- law, the Bank’s 2003 annual report for its Sub-Saharan Initiative; to the Committee on Committee on Environment and Public ting, pursuant to law, the report of a rule en- Works. Banking, Housing, and Urban Affairs. titled ‘‘Onions Grown in Texas; Decreased EC–6133. A communication from the Assist- EC–6123. A communication from the Chair- Assessment Rate’’ (FV03–959–4) received on ant Secretary, Land and Minerals Manage- man, Securities and Exchange Commission, February 3, 2004; to the Committee on Agri- ment, Department of the Interior, transmit- transmitting, pursuant to law, a report rel- culture, Nutrition, and Forestry. ting, pursuant to law, a draft of proposed ative to the Federal Managers’ Financial In- EC–6111. A communication from the Ad- legislation relative to amending the Surface tegrity Act of 1982 as the apply to the Com- ministrator, Agricultural Marketing Serv- Mining Control and Reclamation Act of 1977; mission; to the Committee on Banking, ice, Department of Agriculture, transmit- to the Committee on Environment and Pub- ting, pursuant to law, the report of a rule en- Housing, and Urban Affairs. lic Works. titled ‘‘Milk in the Pacific Northwest Area— EC–6124. A communication from the Cor- EC–6134. A communication from the Direc- Interim Order’’ (DA–01–08–PNW) received on respondence Writer, Federal Emergency tor, Fish and Wildlife Service, Department of February 3, 2004; to the Committee on Agri- Management Agency, transmitting, pursuant the Interior, transmitting, pursuant to law, culture, Nutrition, and Forestry. to law, two copies of correspondences with the report of a rule entitled ‘‘Endangered EC–6112. A communication from the Ad- the Agency and copies of the Agency’s re- and Threatened Wildlife and Plants; Endan- ministrator, Agricultural Marketing Serv- sponse to the correspondences; to the Com- gered Status for the Rota Bridled White-eye ice, Department of Agriculture, transmit- mittee on Banking, Housing, and Urban Af- (Zosterps rotensis) from the Commonwealth ting, pursuant to law, the report of a rule en- fairs. of the Northern Mariana Islands’’ (RIN1018– titled ‘‘Almonds Grown in California; De- EC–6125. A communication from the Dep- AI16) received on January 24, 2004; to the creased Assessment Rate’’ (FV04–981–1) re- uty Secretary, Division of Market Regula- Committee on Environment and Public ceived on February 3, 2004; to the Committee tion, Securities and Exchange Commission, Works. on Agriculture, Nutrition, and Forestry. transmitting, pursuant to law, the report of EC–6135. A communication from the Acting EC–6113. A communication from the Man- a rule entitled ‘‘Rule 17Ad–7(f); Record- Chair, Federal Subsistence Board, Fish and agement Analyst, Directives and Regula- keeping Requirements for Registered Trans- Wildlife Service, transmitting, pursuant to tions Branch, United States Forest Service, fer Agents’’ (RIN3235–AI87) received on Janu- law, the report of a rule entitled ‘‘Subsist- transmitting, pursuant to law, the report of ary 22, 2004; to the Committee on Banking, ence Management Regulations for Public a rule entitled ‘‘Predecisional Administra- Housing, and Urban Affairs. Lands in Alaska, Subpart C and D—2005–2005 tive Review Process for Hazardous Fuel Re- EC–6126. A communication from the Dep- Subsistence Taking of Fish and Shellfish duction’’ (RIN0596–AC15) received on Feb- uty Secretary, Division of Investment Man- Regulations’’ (RIN1018–AI89) received on ruary 3, 2004; to the Committee on Agri- agement, Securities and Exchange Commis- January 29, 2004; to the Committee on Envi- culture, Nutrition, and Forestry. sion, transmitting, pursuant to law, the re- ronment and Public Works. EC–6114. A communication from the Under port of a rule entitled ‘‘Section 270.38a–1: EC–6136. A communication from the Dep- Secretary of Defense, Comptroller, Depart- Compliance Procedures and Practices of Reg- uty Associate Administrator, Environmental ment of Defense, transmitting, pursuant to istered Investment Companies; Section Protection Agency, transmitting, pursuant law, a report relative to a multiyear con- 275.204–2: Books and Records to be Main- to law, several documents related to the tract for the Virginia Class submarine pro- tained by Investment Advisers; Section 275 Agency’s regulatory programs; to the Com- gram; to the Committee on Armed Services. .206(4)–7: Compliance Procedures and Prac- mittee on Environment and Public Works. EC–6115. A communication from the Acting tices’’ (RIN3235–AI77) received on January 22, EC–6137. A communication from the Dep- Director, Defense Procurement and Acquisi- 2004; to the Committee on Banking, Housing, uty Associate Administrator, Environmental tion Policy, Department of Defense, trans- and Urban Affairs. Protection Agency, transmitting, pursuant mitting, pursuant to law, the report of a rule EC–6127. A communication from the Assist- to law, the report of a rule entitled ‘‘Ap- entitled ‘‘Payment Withholding’’ (DFARS ant Director, Legislative and Regulatory Ac- proval and Promulgation of Implementation Case 2002–D017) received on January 22, 2004; tivities Division, Comptroller of the Cur- Plans Revisions to South Carolina State Im- to the Committee on Armed Services. rency, transmitting, pursuant to law, the re- plementation Plan: Transportation Con- EC–6116. A communication from the Under port of a rule entitled ‘‘Rules, Policies, and formity Rule’’ (FRL#7614–7) received on Jan- Secretary, Comptroller, Department of De- Procedures for Corporate Activities; Inter- uary 27, 2004; to the Committee on Environ- fense, transmitting, pursuant to law, the re- national Banking Activities’’ received on ment and Public Works. port of a violation of the Antideficiency Act, January 22, 2004; to the Committee on Bank- EC–6138. A communication from the Dep- case number 02–10; to the Committee on ing, Housing, and Urban Affairs. uty Associate Administrator, Environmental Armed Services. EC–6128. A communication from the Assist- Protection Agency, transmitting, pursuant EC–6117. A communication from the Acting ant General Counsel for Regulations, Office to law, the report of a rule entitled ‘‘Ap- Director, Defense Procurement and Acquisi- of Community Planning and Development, proval and Promulgation of Implementation

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.031 S04PT1 S590 CONGRESSIONAL RECORD — SENATE February 4, 2004 Plans; Indiana’’ (FRL#7611–5) received on petition in Contracting Act of 1984; to the ment, Pension Benefit Guaranty Corpora- January 27, 2004; to the Committee on Envi- Committee on Governmental Affairs. tion, transmitting, pursuant to law, the re- ronment and Public Works. EC–6151. A communication from the Direc- port of a rule entitled ‘‘Benefits Payable in EC–6139. A communication from the Dep- tor, Trade and Development Agency, trans- Terminated Single-Employer Plans; Alloca- uty Associate Administrator, Environmental mitting, pursuant to law, the Agency’s an- tion of Assets in Single-Employer Plans; In- Protection Agency, transmitting, pursuant nual financial audit and related documents; terest Assumptions for Valuing and Paying to law, the report of a rule entitled ‘‘Ap- to the Committee on Governmental Affairs. Benefits’’ received on January 20, 2004; to the proval and Promulgation of Implementation EC–6152. A communication from the Chair- Committee on Health, Education, Labor, and Plans; New York State Implementation Plan man, Nuclear Regulatory Commission, trans- Pensions. Revision; 1-Hour Ozone Control Programs’’ mitting, pursuant to law, the Commission’s EC–6165. A communication from the Direc- (FRL#7610–7) received on January 27, 2004; to report under the Government in the Sun- tor, Corporate Policy and Research Depart- the Committee on Environment and Public shine Act for Calendar Year 2003; to the Com- ment, Pension Benefit Guaranty Corpora- Works. mittee on Governmental Affairs. tion, transmitting, pursuant to law, the re- EC–6140. A communication from the Dep- EC–6153. A communication from the Spe- port of a rule entitled ‘‘Allocation of Assets cial Counsel, Planning and Advice Division, uty Associate Administrator, Environmental in Single-Employer Plans; Valuation of As- Office of Special Counsel, transmitting, pur- Protection Agency, transmitting, pursuant sets; Expected Retirement Age’’ received on suant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Protec- January 20, 2004; to the Committee on ‘‘Technical Amendment: Correction of Stat- tion of Stratospheric Ozone: Allocation of Health, Education, Labor, and Pensions. utory Citation’’ received on January 27 2004; Essential Use Allowances for Calendar Year EC–6166. A communication from the Direc- 2004’’ (FRL#7615–4) received on January 27, to the Committee on Governmental Affairs. EC–6154. A communication from the Chair- tor, Corporate Policy and Research Depart- 2004; to the Committee on Environment and man of the Council of the District of Colum- ment, Pension Benefit Guaranty Corpora- Public Works. tion, transmitting, pursuant to law, the re- EC–6141. A communication from the Dep- bia, transmitting, pursuant to law, the report of D.C. Act 15–291, ‘‘Technical Amend- port of a rule entitled ‘‘Disclosure to Partici- uty Associate Administrator, Environmental ments of Act of 2003’’; to the Committee on pants; Benefits Payable in Terminated Sin- Protection Agency, transmitting, pursuant Governmental Affairs. gle-Employer Plans’’ received on January 20, to law, the report of a rule entitled ‘‘Water EC–6155. A communication from the Sec- 2004; to the Committee on Health, Education, Quality Standards for Puerto Rico’’ retary of Education, transmitting, pursuant Labor, and Pensions. (FRL#7613–2) received on January 27, 2004; to to law, the report of the Office of Inspector the Committee on Environment and Public General for the Department of Education for f Works. the period ending September 30, 2003; to the EC–6142. A communication from the Ad- Committee on Governmental Affairs. EXECUTIVE REPORTS OF ministrator, General Services Administra- EC–6156. A communication from the Acting COMMITTEES tion, transmitting, pursuant to law, a report Director, Communications and Legislative relative to new mileage reimbursement rates Affairs, Equal Employment Opportunity The following executive reports of for Federal employees who use privately Commission, transmitting, pursuant to law, committees were submitted: owned vehicles while on official travel; to the Commission’s report under the Govern- By Mr. WARNER for the Committee on the Committee on Environment and Public ment in the Sunshine Act for calendar year Armed Services. Works. 2003; to the Committee on Governmental Af- *Lawrence T. Di Rita, of Michigan, to be EC–6143. A communication from the Am- fairs. an Assistant Secretary of Defense. bassador, Embassy of Turkey, transmitting, EC–6157. A communication from the Acting *Francis J. Harvey, of California, to be an a letter from the Speaker of the Turkish Chief Executive Officer, Corporation for Na- Assistant Secretary of Defense. Grand Assembly relative to Senate Resolu- tional and Community Service, transmit- tion 273; to the Committee on Foreign Rela- ting, pursuant to law, the report of the Of- Mr. WARNER. Mr. President, for the tions. fice of Inspector General for the period from Committee on Armed Services I report EC–6144. A communication from the Assist- April 1, 2003 through October 31, 2003; to the favorably the following nomination ant Secretary, Legislative Affairs, Depart- Committee on Governmental Affairs. lists which were printed in the RECORD ment of State, transmitting, a report rel- EC–6158. A communication from the Chair- on the dates indicated, and ask unani- ative to the emigration laws and policies of man, National Credit Union Administration, Armenia, Azerbaijan, Kazakhstan, Moldova, mous consent, to save the expense of transmitting, pursuant to law, the report of reprinting on the Executive Calendar The Russian Federation, Tajikstan, Ukraine, the Office of Inspector General for the period and Uzbekistan; to the Committee on For- ending September 30, 2003; to the Committee that these nominations lie at the Sec- eign Relations. on Governmental Affairs. retary’s desk for the information of EC–6145. A communication from the Assist- EC–6159. A communication from the Chair- Senators. ant Legal Adviser for Treaty Affairs, Depart- man, National Mediation Board, transmit- The PRESIDING OFFICER. Without ment of State, transmitting, the report of ting, pursuant to law, a report relative to objection, it is so ordered. texts and background statements of inter- the Federal Managers’ Financial Integrity Air Force nomination of Col. George T. national agreements, other than treaties; to Act of 1982; to the Committee on Govern- Lynn. the Committee on Foreign Relations. mental Affairs. EC–6146. A communication from the Chief EC–6160. A communication from the Chair- Air Force nomination of Vincent T. Jones. of Staff, Federal Mediation and Conciliation person, Board of Directors, Pension Benefit Air Force nomination of Richard H. Villa. Service, transmitting, pursuant to law, the Guaranty Corporation, transmitting, pursu- Air Force nominations beginning Robert J. Service’s report under the Federal Managers’ ant to law, a letter from the Corporation rel- Bernard and ending Oba L. Vincent, which Financial Integrity Act for Fiscal Year 2003; ative to H.R. 3108, the Pension Funding Eq- nominations were received by the Senate and to the Committee on Governmental Affairs. uity Act; to the Committee on Health, Edu- appeared in the Congressional Record on EC–6147. A communication from the Fed- cation, Labor, and Pensions. January 22, 2004. eral Co-Chair, Appalachian Regional Com- EC–6161. A communication from the Rail- Air Force nomination of Harris H. Brooks. mission, transmitting, pursuant to law, the road Retirement Board, transmitting, pursu- Air Force nominations beginning Paula C. report of the Office of Inspector General for ant to law, a copy of the Board’s Perform- Gould and ending John J. Winkopp III, which the period ending September 30, 2003; to the ance and Accountability Report for Fiscal nominations were received by the Senate and Committee on Governmental Affairs. Year 2003; to the Committee on Health, Edu- appeared in the Congressional Record on EC–6148. A communication from the Direc- cation, Labor, and Pensions. January 22, 2004. tor, Office of Personnel Management, trans- EC–6162. A communication from the Sec- Air Force nominations beginning Jeffrey mitting, pursuant to law, the report of a rule retary of Health and Human Services, trans- S. Alderfer and ending Sandra L. Yope, entitled ‘‘Final Regulations Redesignating 5 mitting, pursuant to law, the Centers for which nominations were received by the Sen- CFR Part 970 as Part 919’’ received on Janu- Disease Control and Prevention’s final report ate and appeared in the Congressional ary 20, 2004; to the Committee on Govern- to Congress on Human Papillomavirus; to Record on January 22, 2004. mental Affairs. the Committee on Health, Education, Labor, Air Force nominations beginning Brigadier EC–6149. A communication from the Sec- and Pensions. General Richard W. Ash and ending Colonel retary of Agriculture, transmitting, pursu- EC–6163. A communication from the Acting Raymond L. Webster, which nominations ant to law, the report of the Office of Inspec- Director of Communications and Legislative were received by the Senate and appeared in tor General for the Department of Agri- Affairs, Equal Employment Opportunity the Congressional Record on January 22, culture for the period ending September 30, Commission, transmitting, pursuant to law, 2004. 2003; to the Committee on Governmental Af- the Commission’s Year 2003 Inventories of Air Force nominations beginning Brigadier fairs. Commercial and Inherently Governmental General Robert E. Duignan and ending Colo- EC–6150. A communication from the Gen- Activities; to the Committee on Health, Edu- nel Michael N. Wilson, which nominations eral Counsel, General Accounting Office, cation, Labor, and Pensions. were received by the Senate and appeared in transmitting, pursuant to law, a report re- EC–6164. A communication from the Direc- the Congressional Record on January 22, sponding to the requirements of the Com- tor, Corporate Policy and Research Depart- 2004.

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.038 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S591 Army nominations beginning Brigadier SA 2268. Mr. GREGG proposed an amend- ‘‘(D) a national park or monument. General Lloyd J. Austin III and ending Brig- ment to amendment SA 2267 proposed by Mr. ‘‘(2) AMOUNT.— adier General Barbara G. Fast, which nomi- DORGAN to the bill S. 1072, supra. ‘‘(A) IN GENERAL.—The Federal share for nations were received by the Senate and ap- f States described in paragraph (1) shall be in- peared in the Congressional Record on May creased by a percentage of the remaining 14, 2003. TEXT OF AMENDMENTS cost that— Army nominations beginning Constance A. SA 2265. Mr. BOND (for himself, Mr. ‘‘(i) is equal to the percentage that— Bell and ending Yang Xia, which nomina- ‘‘(I) the area of all land described in para- INHOFE, Mr. JEFFORDS, and Mr. REID) tions were received by the Senate and ap- graph (1) in a State; bears to peared in the Congressional Record on No- proposed an amendment to the bill S. ‘‘(II) the total area of the State; but vember 25, 2003. 1072, to authorize funds for Federal-aid ‘‘(ii) does not exceed 95 percent of the total Army nominations beginning Brig. Gen. highways, highway safety programs, cost of the project or activity for which the Conrad W. Ponder, Jr. and ending Col. and transit programs, and for other Federal share is provided. George J. Smith, which nominations were re- purposes; as follows: ‘‘(B) ADJUSTMENT.—The Secretary shall ad- ceived by the Senate and appeared in the On page 656, line 14, strike ‘‘movements’’ just the Federal share for States under sub- Congressional Record on January 21, 2004. and insert ‘‘improvements’’. paragraph (A) as the Secretary determines Army nomination of Margot Krauss. On page 657, lines 18 and 19, strike ‘‘that is necessary, on the basis of data provided by Army nominations beginning Mark S. Ack- a public road’’. the Federal agencies that are responsible for erman and ending Richard M. Whitaker, On page 664, lines 18 and 19, strike ‘‘State maintaining the data.’’. which nominations were received by the Sen- transportation department under section On page 718, strike lines 1 through 9 and in- ate and appeared in the Congressional 106’’ and insert ‘‘recipient of funds under this sert the following: Record on January 21, 2004. title’’. ‘‘(2) ADMINISTRATIVE COSTS.—Of amounts Army nomination of Timothy G. Wright. On page 668, line 22, strike ‘‘Conduct of sce- made available under paragraph (1), the Sec- Army nominations beginning Ida F. nic’’ and insert ‘‘Scenic’’. retary may use for the administration of this Agamy and ending Kary B. Reed, which On page 680, strike lines 5 through 9 and in- subchapter not more than $2,000,000 for each nominations were received by the Senate and sert the following: of fiscal years 2004 through 2009. appeared in the Congressional Record on ‘‘(1) SET-ASIDE.—On October 1 of each fiscal ‘‘(3) COLLECTED FEES AND SERVICES.—In ad- January 21, 2004. year, the Secretary shall set aside 1.5 per- dition to funds provided under paragraph Army nomination of David J. King, Jr. cent of the funds authorized to be appro- (2)— Army nominations beginning Michael G. priated for the Interstate maintenance, na- ‘‘(A) all fees collected under this sub- Gray and ending Paul M. Saltysiak, which tional highway system, surface transpor- chapter shall be made available without fur- nominations were received by the Senate and tation, congestion mitigation and air quality ther appropriation to the Secretary until ex- appeared in the Congressional Record on improvement, highway safety improvement, pended, for use in administering this sub- January 21, 2004. chapter; and Army nominations beginning Terry R. and highway bridge programs authorized under this title to carry out the require- ‘‘(B) the Secretary may accept and use Moren and ending Christopher Wodarz, which payment or services provided by transaction nominations were received by the Senate and ments of section 134.’’. On page 685, line 2, strike ‘‘replacement participants, or third parties that are paid appeared in the Congressional Record on and rehabilitation’’. by participants from transaction proceeds, January 21, 2004. On page 685, line 16, strike ‘‘1101(a)(14)’’ and for due diligence, legal, financial, or tech- Army nomination of Amy E. Preen. nical services. Navy nomination of Rear Adm. (Selectee) insert ‘‘1101(13)’’. On page 686, line 24, strike ‘‘1101(a)(14)’’ and On page 729, lines 21 and 22, strike ‘‘Admin- Albert M. Calland III. istrator of General Services’’ and insert ‘‘Ar- Navy nomination of Rear Adm. James D. insert ‘‘1101(13)’’. On page 693, line 16, strike ‘‘in rec- chivist of the United States’’. McArthur, Jr. On page 734, line 12, strike ‘‘organiza- ommended alternatives’’ and insert ‘‘associ- Navy nomination of Todd E. Bailey. tions,’’ and insert ‘‘organizations and metro- ated with the future development of the sur- Navy nominations beginning Jennifer R. politan planning organizations,’’. face transportation system’’. Flather and ending Marie E. Oliver, which On page 734, line 15, insert ‘‘State and’’ be- On page 693, lines 20 and 21, strike ‘‘system nominations were received by the Senate and fore ‘‘local’’. appeared in the Congressional Record on operations and management’’ and insert On page 736, lines 4 and 5, strike ‘‘receive January 21, 2004. ‘‘transportation systems operations and funds under this section’’ and insert ‘‘obli- Navy nominations beginning Wing Leong management’’. gate funds apportioned under section and ending Timothy R. White, which nomi- On page 702, line 10, insert ‘‘except as oth- 104(b)(5) to carry out this section’’. nations were received by the Senate and ap- erwise provided in section 120,’’ before ‘‘the On page 738, line 2, strike ‘‘and pedes- peared in the Congressional Record on Janu- Federal share’’. trians’’ and insert ‘‘pedestrians, and other ary 21, 2004. On page 702, line 22, strike ‘‘Federal-aid highway users’’. Navy nominations beginning Jonathan Q. system’’ and insert ‘‘those qualifying’’. On page 738, line 24, strike ‘‘this section’’ Adams and ending Stacey W. Yopp, which On page 703, line 18, strike ‘‘The Federal and insert ‘‘section 104(b)(5)’’. nominations were received by the Senate and share’’ and insert ‘‘Except as provided in sec- On page 740, lines 21 through 25, strike ‘‘ac- appeared ion the CONGRESSIONAL RECORD ON tion 120, the Federal share’’. cidents’’ each place it appears and insert JANUARY 22, 2004. Beginning on page 705, strike line 15 and ‘‘crashes’’. all that follows through page 706, line 23, and On page 741, line 5, strike ‘‘The Federal *Nomination was reported with rec- insert the following: share’’ and insert ‘‘Except as provided in sec- ommendation that it be confirmed sub- Section 120 of title 23, United States Code, tions 120 and 130, the Federal share’’. ject to the nominee’s commitment to is amended— On page 741, strike line 7 and insert the fol- respond to requests to appear and tes- (1) by striking subsection (a) and inserting lowing: tify before any duly constituted com- the following: made available under this section shall be 90 mittee of the Senate. ‘‘(a) INTERSTATE SYSTEM PROJECTS.—Ex- percent. (Nominations without an asterisk cept as otherwise provided in this chapter, ‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN were reported with the recommenda- the Federal share payable on account of any SAFETY.—A State shall allocate for bicycle project on the Interstate System (including tion that they be confirmed.) and pedestrian improvements in the State a a project to add high occupancy vehicle percentage of the funds remaining after im- f lanes and a project to add auxiliary lanes but plementation of sections 130(e) and 150, in an AMENDMENTS SUBMITTED AND excluding a project to add any other lanes) amount that is equal to or greater than the shall be 90 percent of the total cost of the PROPOSED percentage of all fatal crashes in the States project.’’; involving bicyclists and pedestrians.’’. SA 2265. Mr. BOND (for himself, Mr. (2) in subsection (b), by striking ‘‘shall be— Beginning on page 741, strike line 24 and INHOFE, Mr. JEFFORDS, and Mr. REID) pro- ’’ and all that follows and inserting ‘‘shall be all that follows through page 742, line 6, and posed an amendment to the bill S. 1072, to 80 percent of the cost of the project.’’; and insert the following: authorize funds for Federal-aid highways, (3) by striking subsection (d) and inserting (ii) in subparagraph (B), by striking ‘‘tobe’’ highway safety programs, and transit pro- the following: and inserting ‘‘to be’’; grams, and for other purposes. ‘‘(d) INCREASED FEDERAL SHARE.— (iii) by striking subparagraph (C); SA 2266. Mr. GREGG proposed an amend- ‘‘(1) IN GENERAL.—The Federal share pay- (iv) by redesignating subparagraphs (D) ment to amendment SA 2265 proposed by Mr. able under subsection (a) or (b) may be in- and (E) as subparagraphs (C) and (D), respec- BOND (for himself, Mr. INHOFE, Mr. JEF- creased for projects and activities in each tively; and FORDS, and Mr. REID) to the bill S. 1072, State in which is located— (v) in subparagraph (C) (as redesignated by supra. ‘‘(A) nontaxable Indian land; clause (iv)), by adding at period at the end. SA 2267. Mr. DORGAN proposed an amend- ‘‘(B) public land (reserved or unreserved); On page 742, between lines 9 and 10, insert ment to the bill S. 1072, supra. ‘‘(C) a national forest; or the following:

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.041 S04PT1 S592 CONGRESSIONAL RECORD — SENATE February 4, 2004

(3) ADMINISTRATION.—Section 133(e) of title On page 839, line 2, strike ‘‘apportioned’’ On page 964, lines 9 and 10, strike ‘‘titles I, 23, United States Code, is amended in each of and insert ‘‘set aside’’. III, and V’’ and insert ‘‘title I’’. paragraphs (3)(B)(i), (5)(A), and (5)(B) of sub- On page 839, strike lines 9 through 16 and On page 965, line 24, strike ‘‘subsection’’ section (e), by striking ‘‘(d)(2)’’ each place it insert the following: and insert ‘‘section’’. On page 971, line 9, strike ‘‘apportioned’’ appears and inserting ‘‘(d)(1)’’. until expended.’’; and and insert ‘‘authorized’’. On page 742, line 10, strike ‘‘(3)’’ and insert On page 839, line 17, strike ‘‘(l)’’ and insert On page 971, line 11, insert ‘‘under section ‘‘(4)’’. ‘‘(k)’’. 507 of title 23, United States Code’’ before the On page 742, between the matter following On page 840, line 9, strike ‘‘1601(b)’’ and in- line 14 and line 15, insert the following: period at the end. sert ‘‘1522’’. On page 977, strike lines 3 through 8 and in- (B) Section 104(g) of title 23, United States On page 880, lines 22 and 23, strike ‘‘not Code, is amended in the first sentence by sert the following: more than 2 percent of the’’. (1) $426,200,000 for fiscal year 2004; striking ‘‘sections 130, 144, and 152 of this On page 890, line 1, strike ‘‘apportioned’’ title’’ and inserting ‘‘sections 130 and 144’’. (2) $435,200,000 for fiscal year 2005; and insert ‘‘available’’. (3) $443,200,000 for fiscal year 2006; (C) Section 126 of title 23, United States Beginning on page 891, strike line 15 and Code, is amended— (4) $450,200,000 for fiscal year 2007; all that follows through page 892, line 8, and (5) $456,200,000 for fiscal year 2008; and (i) in subsection (a), by inserting ‘‘under’’ insert the following: after ‘‘State’s apportionment’’; and (6) $463,200,000 for fiscal year 2009. ‘‘(A) IN GENERAL.—In this subsection, the On page 978, in the matter following line (ii) in subsection (b)— term ‘value engineering analysis’ means a (I) in the first sentence, by striking ‘‘the 10, strike ‘‘Subchapter I—Surface Transpor- systematic process of review and analysis of tation’’ and insert the following: last sentence of section 133(d)(1) or to section a project, during the concept and design ‘‘SUBCHAPTER I—SURFACE TRANSPORTATION 104(f) or to section 133(d)(3)’’ and inserting phases, by a multidisciplined team of persons On page 978, in the matter following line ‘‘section 104(f) or 133(d)(2)’’; and not involved in the project, that is conducted 10, insert after the item relating to section (II) in the second sentence, by striking ‘‘or to provide recommendations such as those 510 the following: 133(d)(2)’’. described in subparagraph (B) for— ‘‘511. Multistate corridor operations and On page 742, line 15, strike ‘‘(B)’’ and insert ‘‘(i) providing the needed functions safely, management. ‘‘(D)’’. reliably, and at the lowest overall cost; and On page 744, lines 15 and 16, strike ‘‘HIGH- On page 981, line 20, insert ‘‘and appro- ‘‘(ii) improving the value and quality of WAY FACILITIES’’ and insert ‘‘RAILWAY-HIGH- priate’’ after ‘‘practicable’’. the project. WAY CROSSINGS’’. On page 989, strike lines 11 through 15 and On page 901, line 13, strike ‘‘CONGESTION.— Beginning on page 744, strike line 17 and insert the following: ’’ and insert ‘‘CONGESTION’’. all that follows through page 745, line 6, and ‘‘(15) the improvement of surface transpor- On page 905, line 17, strike ‘‘grassland’’ and insert the following: tation planning; insert ‘‘grasslands’’. (1) FUNDS FOR RAILWAY-HIGHWAY CROSS- ‘‘(16) environmental research; On page 906, strike line 17 and insert the INGS.—Section 130 of title 23, United States ‘‘(17) transportation system management following: Code, is amended by striking subsection (e) and operations; and ‘‘(2) FOREST HIGHWAYS.— and inserting the following: ‘‘(18) any other surface transportation re- On page 910, line 3, insert ‘‘and’’ after the ‘‘(e) FUNDS FOR RAILWAY-HIGHWAY CROSS- search semicolon. INGS.— On page 996, line 13, insert ‘‘and innova- On page 910, strike lines 4 through 11. ‘‘(1) IN GENERAL.—Before making an apportion’’ after ‘‘technology’’. On page 910, line 12, strike ‘‘(D)’’ and insert tionment under section 104(b)(5) for a fiscal On page 996, lines 16 and 17, strike ‘‘innova- ‘‘(C)’’. year, the Secretary shall set aside tive technologies’’ and insert ‘‘technology On page 912, strike lines 16 and 17 and in- $200,000,000 for the fiscal year to be appor- and innovation’’. sert the following: On page 1004, line 23, strike ‘‘expended by’’ tioned to the States and made available for (1) in subsection (a)(1), by inserting ‘‘refuge and insert ‘‘available for expenditure by’’. the elimination of hazards and the installa- roads, recreation roads,’’ after ‘‘parkways,’’; On page 1017, line 16, strike ‘‘ENVIRON- tion of protective devices at railway-high- On page 920, strike lines 1 through 3 and in- MENT’’ and insert ‘‘ENVIRONMENTAL’’. way crossings. sert the following: On page 1017, line 19, strike ‘‘environment’’ ‘‘(2) APPORTIONMENT.—Funds set aside ‘‘(i) the Department of Agriculture; or and insert ‘‘environmental’’. under paragraph (1) shall be apportioned to ‘‘(ii) the Department of the Interior; On page 1025, strike lines 9 and 10 and in- the States in accordance with the formula On page 929, line 21, strike ‘‘1101(a)(7)’’ and sert the following: provided in section 104(b)(5).’’. insert ‘‘1101(7)’’. ‘‘(D) planning and environment; On page 745, strike lines 15 through 24 and ‘‘(E) policy; and insert the following: On page 930, line 8, strike ‘‘1101(a)(7)’’ and insert ‘‘1101(7)’’. ‘‘(F) asset management. (3) EXPENDITURE OF FUNDS.—Section 130 of On page 1025, line 15, strike ‘‘highway’’ and On page 933, line 11, strike ‘‘The Federal title 23, United States Code, is amended by insert ‘‘surface transportation’’. share’’ and insert ‘‘Except as provided in sec- adding at the end the following: On page 1025, line 19, strike ‘‘highway’’ and tion 120, the Federal share’’. ‘‘(k) EXPENDITURE OF FUNDS.—Funds made insert ‘‘surface transportation’’. available to carry out this section shall be On page 937, line 17, strike ‘‘The Federal On page 1055, line 9, strike ‘‘2004’’ and in- available for expenditure on compilation and share’’ and insert ‘‘Except as provided in sec- sert ‘‘2005’’. analysis of data in support of activities car- tion 120, the Federal share’’. On page 1057, line 22, strike ‘‘22’’. ried out under subsection (g).’’. On page 942, line 11, strike ‘‘1101(a)(15)’’ and On page 1060, strike line 12 and insert the On page 746, strike lines 1 through 8 and in- insert ‘‘1101(15)’’. following: sert the following: On page 942, line 18, strike ‘‘1101(a)(15)’’ and (d) ALLOCATIONS.— (1) IMPLEMENTATION.—Except as provided insert ‘‘1101(15)’’. On each page on which ‘‘Safe, Accountable, in paragraph (2), the Secretary shall approve On page 943, lines 4 and 5, strike ‘‘For pur- Flexible, and Efficient Transportation Eq- obligations of funds apportioned under sec- poses of this section,’’ and insert ‘‘For the uity Act of 2003’’ appears, strike ‘‘Safe, Ac- tion 104(b)(5) of title 23, United States Code purpose of imposing any penalty under this countable, Flexible, and Efficient Transpor- (as added by subsection (b)) to carry out sec- title or title 49,’’. tation Equity Act of 2003’’ and insert ‘‘Safe, tion 148 of that title, only if, not later than On page 943, lines 5 and 6, strike ‘‘104(b), Accountable, Flexible, and Efficient Trans- October 1 of the second fiscal year after the 144, and 206’’ and insert ‘‘104(b) and 144’’. portation Equity Act of 2004’’. On page 943, line 14, strike ‘‘2003’’ and in- date of enactment of this Act, a State has Mr. GREGG proposed an developed and implemented a State strategic sert ‘‘1997’’. SA 2266. highway safety plan as required under sec- On page 943, line 17, strike ‘‘2003’’ and in- amendment to amendment SA 2265 pro- tion 148(c) of that title. sert ‘‘1997’’. posed by Mr. BOND (for himself, Mr. On page 747, line 18, strike ‘‘104(b)’’ and in- On page 946, line 14, strike ‘‘The Federal INHOFE, Mr. JEFFORDS, and Mr. REID) to sert ‘‘104(b)(3)’’. share’’ and insert ‘‘Except as provided in sec- the bill S. 1072, to authorize funds for On page 753, line 11, strike ‘‘The Federal tion 120, the Federal share’’. Federal-aid highways, highway safety On page 947, line 2, strike ‘‘ ’’. share’’ and insert ‘‘Except as provided in sec- PILOT programs, and transit programs, and On page 947, line 7, strike ‘‘pilot’’. tions 120 and 130, the Federal share’’. for other purposes; as follows: On page 819, line 17, strike ‘‘120(b)’’ and in- On page 947, line 15, strike ‘‘are—’’ and insert ‘‘120’’. sert ‘‘are to—’’. At the appropriate place in the amendment On page 824, line 18, strike ‘‘120(b)’’ and in- On page 947, line 16, strike ‘‘to’’. insert the following: sert ‘‘120’’. On page 947, line 18, strike ‘‘to’’. SECTION 1. SHORT TITLE. On page 824, line 24, strike ‘‘120(b)’’ and in- On page 947, line 22, strike ‘‘to provide’’ This Act may be cited as the ‘‘Public Safe- sert ‘‘120’’. and insert ‘‘provide’’. ty Employer-Employee Cooperation Act of On page 825, line 23, strike ‘‘120(b)’’ and in- On page 947, line 24, strike ‘‘to examine’’ 2003.’’ sert ‘‘120’’. and insert ‘‘examine’’. SEC. 2. DECLARATION OF PURPOSE AND POLICY. On page 838, line 12, strike ‘‘(l)’’ and insert On page 956, line 12, strike ‘‘ASSISTANCE’’ The Congress declares that the following is ‘‘(k)’’. and insert ‘‘SHARE’’. the policy of the United States:

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.042 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S593 (1) Labor-management relationships and (A) means an employee of a public safety State law provides rights and responsibilities partnerships are based on trust, mutual re- agency who is a law enforcement officer, a comparable to or greater than the following: spect, open communication, bilateral con- firefighter, or an emergency medical services (1) Granting public safety officers the right sensual problem solving, and shared account- personnel; to form and join a labor organization, which ability. Labor-management cooperation (B) includes an individual who is tempo- may exclude management and supervisory fully utilizes the strengths of both parties to rarily transferred to a supervisory or man- employees, that is, or seeks to be, recognized best serve the interests of the public, oper- agement position; and as the exclusive bargaining representatives ating as a team, to carry out the public safe- (C) does not include a permanent super- of such employees. ty mission in a quality work environment. In visory or management employee. (2) Requiring public safety employers to many public safety agencies it is the union (9) SUBSTANTIALLY PROVIDES.—The term recognize the employees’ labor organization that provides the institutional stability as ‘‘substantially provides’’ means compliance (freely chosen by a majority of the employ- elected leaders and appointees come and go. with the essential requirements of this Act, ees), to agree to bargain with the labor orga- (2) The Federal Government needs to en- specifically, the right to form and join a nization, and to commit any agreements to courage conciliation, mediation, and vol- labor organization, the right to bargain over writing in a contract or memorandum of un- untary arbitration to aid and encourage em- wages, hours, and conditions of employment, derstanding. ployers and their employees to reach and the right to sign an enforceable contract, (3) Permitting bargaining over hours, maintain agreements concerning rates of and availability of some form of mechanism wages, and terms and conditions of employ- pay, hours, and working conditions, and to to break an impasse, such as arbitration, me- ment. make all reasonable efforts through negotia- diation, or fact finding. (4) Requiring an interest impasse resolutions to settle their differences by mutual (10) SUPERVISORY EMPLOYEE.—The term tion mechanism, such as fact-finding, medi- agreement reached through collective bar- ‘‘supervisory employee’’ has the meaning ation, arbitration or comparable procedures. (5) Requiring enforcement through State gaining or by such methods as may be pro- given such term under applicable State law courts of— vided for in any applicable agreement for the in effect on the date of enactment of this (A) all rights, responsibilities, and protec- settlement of disputes. Act. If no such State law is in effect, the tions provided by State law and enumerated (3) The absence of adequate cooperation be- term means an individual, employed by a in this section; and tween public safety employers and employ- public safety employer, who— (A) has the authority in the interest of the (B) any written contract or memorandum ees has implications for the security of em- of understanding. ployees and can affect interstate and intra- employer to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, sus- (c) FAILURE TO MEET REQUIREMENTS.— state commerce. The lack of such labor-man- (1) IN GENERAL.—If the Authority deter- pend, discipline, or remove public safety offi- agement cooperation can detrimentally im- mines, acting pursuant to its authority cers, to adjust their grievances, or to effec- pact the upgrading of police and fire services under subsection (a), that a State does not tively recommend such action, if the exer- of local communities, the health and well- substantially provide for the rights and re- cise of the authority is not merely routine or being of public safety officers, and the mo- sponsibilities described in subsection (b), clerical in nature but requires the consistent rale of the fire and police departments. Addi- such State shall be subject to the regula- tionally, these factors could have significant exercise of independent judgment; and (B) devotes a majority of time at work ex- tions and procedures described in section 5. commercial repercussions. Moreover, pro- (2) EFFECTIVE DATE.—Paragraph (1) shall ercising such authority. viding minimal standards for collective bar- take effect on the date that is 2 years after gaining negotiations in the public safety sec- SEC. 4. DETERMINATION OF RIGHTS AND RE- the date of enactment of this Act. SPONSIBILITIES. tor can prevent industrial strife between SEC. 5. ROLE OF FEDERAL LABOR RELATIONS (a) DETERMINATION.— labor and management that interferes with AUTHORITY. (1) IN GENERAL.—Not later than 180 days the normal flow of commerce. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the after the date of enactment of this Act, the SEC. 3. DEFINITIONS. Authority shall make a determination as to Authority shall issue regulations in accord- In this Act: whether a State substantially provides for ance with the rights and responsibilities de- (1) AUTHORITY.—The term ‘‘Authority’’ the rights and responsibilities described in scribed in section 4(b) establishing collective means the Federal Labor Relations Author- subsection (b). In making such determina- bargaining procedures for public safety em- ity. tions, the Authority shall consider and give ployers and officers in States which the Au- (2) EMERGENCY MEDICAL SERVICES PER- weight, to the maximum event practicable, thority has determined, acting pursuant to SONNEL.—The term ‘‘emergency medical to the opinion of affected parties. its authority under section 4(a), do not sub- services personnel’’ means an individual who (2) SUBSEQUENT DETERMINATIONS.— provides out-of-hospital emergency medical (A) IN GENERAL.—A determination made stantially provide for such rights and respon- care, including an emergency medical tech- pursuant to paragraph (1) shall remain in ef- sibilities. (b) ROLE OF THE FEDERAL LABOR RELATIONS nician, paramedic, or first responder. fect unless and until the Authority issues a AUTHORITY.—The Authority, to the extent (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The subsequent determination, in accordance provided in this Act and in accordance with terms ‘‘employer’’ and ‘‘public safety agen- with the procedures set forth in subpara- regulations prescribed by the Authority, cy’’ mean any State, political subdivision of graph (B). shall— a State, the District of Columbia, or any ter- (B) PROCEDURES FOR SUBSEQUENT DETER- (1) determine the appropriateness of units ritory or possession of the United States MINATIONS.—Upon establishing that a mate- for labor organization representation; that employs public safety officers. rial change in State law or its interpretation (2) supervise or conduct elections to deter- (4) FIREFIGHTER.—The term ‘‘firefighter’’ has occurred, an employer or a labor organi- mine whether a labor organization has been has the meaning given the term ‘‘employee zation may submit a written request for a selected as an exclusive representative by a engaged in fire protection activities’’ in sec- subsequent determination. If satisfied that a majority of the employees in an appropriate tion 3(y) of the Fair Labor Standards Act (29 material change in State law or its interpre- U.S.C. 203(y)). unit; tation has occurred, the Director shall issue (3) resolve issues relating to the duty to (5) LABOR ORGANIZATION.—The term ‘‘labor a subsequent determination not later than 30 bargain in good faith; organization’’ means an organization com- days after receipt of such request. (4) conduct hearings and resolve com- posed in whole or in part of employees, in (3) JUDICIAL REVIEW.—Any State, political plaints of unfair labor practices; which employees participate, and which rep- subdivision of a State, or person aggrieved (5) resolve exceptions to the awards of arbi- resents such employees before public safety by a determination of the Authority under trators; agencies concerning grievances, conditions this section may, during the 60 day period (6) protect the right of each employee to of employment and related matters. beginning on the date on which the deter- form, join, or assist any labor organization, (6) LAW ENFORCEMENT OFFICER.—The term mination was made, petition any United or to refrain from any such activity, freely ‘‘law enforcement officer’’ has the meaning States Court of Appeals in the circuit in and without fear of penalty or reprisal, and given such term in section 1204(5) of the Om- which the person resides or transacts busi- protect each employee in the exercise of nibus Crime Control and Safe Streets Act of ness or in the District of Columbia circuit, such right; and 1968 (42 U.S.C. 3796b(5)). for judicial review. In any judicial review of (7) take such other actions as are nec- (7) MANAGEMENT EMPLOYEE.—The term a determination by the Authority, the proce- essary and appropriate to effectively admin- ‘‘management employee’’ has the meaning dures contained in subsections (c) and (d) of ister this Act, including issuing subpoenas given such term under applicable State law section 7123 of title 5, United States Code, requiring the attendance and testimony of in effect on the date of enactment of this shall be followed, except that any final de- witnesses and the production of documen- Act. If no such State law is in effect, the termination of the Authority with respect to tary or other evidence from any place in the term means an individual employed by a questions of fact or law shall be found to be United States, and administering oaths, tak- public safety employer in a position that re- conclusive unless the court determines that ing or ordering the taking of depositions, or- quires or authorizes the individual to formu- the Authority’s decision was arbitrary and dering responses to written interrogatories, late, determine, or influence the policies of capricious. and receiving and examining witnesses. the employer. (b) RIGHTS AND RESPONSIBILITIES.—In mak- (c) ENFORCEMENT.— (8) PUBLIC SAFETY OFFICER.—The term ing a determination described in subsection (1) AUTHORITY TO PETITION COURT.—The Au- ‘‘public safety officer’’— (a), the Authority shall consider whether thority may petition any United States

VerDate jul 14 2003 02:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.051 S04PT1 S594 CONGRESSIONAL RECORD — SENATE February 4, 2004 Court of Appeals with jurisdiction over the division of the State that has a population of tions to settle their differences by mutual parties, or the United States Court of Ap- less than 5,000 or that employs less than 25 agreement reached through collective bar- peals for the District of Columbia Circuit, to full time employees. gaining or by such methods as may be pro- enforce any final orders under this section, For purposes of paragraph (5), the term vided for in any applicable agreement for the and for appropriate temporary relief or a re- ‘‘employee’’ includes each and every indi- settlement of disputes. straining order. Any petition under this sec- vidual employed by the political subdivision (3) The absence of adequate cooperation be- tion shall be conducted in accordance with except any individual elected by popular tween public safety employers and employ- subsections (c) and (d) of section 7123 of title vote or appointed to serve on a board or com- ees has implications for the security of em- 5, United States Code, except that any final mission. ployees and can affect interstate and intra- order of the Authority with respect to ques- (b) COMPLIANCE.—No State shall preempt state commerce. The lack of such labor-man- tions of fact or law shall be found to be con- laws or ordinances of any of its political sub- agement cooperation can detrimentally im- clusive unless the court determines that the divisions if such laws provide collective bar- pact the upgrading of police and fire services Authority’s decision was arbitrary and capri- gaining rights for public safety officers that of local communities, the health and well- cious. are equal to or greater than the rights pro- being of public safety officers, and the moral (2) PRIVATE RIGHT OF ACTION.—Unless the vided under this Act. of the fire and police departments. Addition- Authority has filed a petition for enforce- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ally, these factors could have significant ment as provided in paragraph (1), any party There are authorized to be appropriated commercial repercussions. Moreover, pro- has the right to file suit in a State court of such sums as may be necessary to carry out viding minimal standards for collective bar- competent jurisdiction to enforce compli- the provisions of this Act. gaining negotiations in the public safety sec- ance with the regulations issued by the Au- tor can prevent industrial strife between thority pursuant to subsection (b), and to en- SA 2267. Mr. DORGAN proposed an labor and management that interferes with force compliance with any order issued by amendment to the bill S. 1072, to au- the normal flow of commerce. the Authority pursuant to this section. The thorize funds for Federal-aid highways, SEC. 3. DEFINITIONS. right provided by its subsection to bring a highway safety programs, and transit In this Act: suit to enforce compliance with any order (1) AUTHORITY.—The term ‘‘Authority’’ issued by the Authority pursuant to this sec- program, and for other purposes; as follows: means the Federal Labor Relations Author- tion shall terminate upon the filing of a peti- ity. tion seeking the same relief by the Author- On page 880, after the item following line 6, (2) EMERGENCY MEDICAL SERVICES PER- ity. insert the following: SONNEL.—The term ‘‘emergency medical SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. SEC. 1621. EXEMPTION FROM CERTAIN HAZ- services personnel’’ means an individual who A public safety employer, officer, or labor ARDOUS MATERIALS TRANSPOR- provides out-of-hospital emergency medical organization may not engage in a lockout, TATION REQUIREMENTS. care, including an emergency medical tech- sickout, work slowdown, or strike or engage (a) DEFINITION OF ELIGIBLE PERSON.—In nician, paramedic, or first responder. in any other action that is designed to com- this section, the term ‘‘eligible person’’ (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The pel an employer, officer, or labor organiza- means an individual or entity that is eligible terms ‘‘employer’’ and ‘‘public safety agen- tion to agree to the terms of a proposed con- to receive benefits in accordance with sec- cy’’ mean any State political subdivision of tract and that will measurably disrupt the tion 1001D of the Food Security Act of 1985 (7 a State, the District of Columbia, or any ter- delivery of emergency services, except that U.S.C. 1308-3a). ritory or possession of the United States it shall not be a violation of this section for (b) EXEMPTION.—Subject to subsection (c), that employs public safety officers. an employer, officer, or labor organization to part 172 of title 49, Code of Federal Regula- (4) FIREFIGHTER.—The term ‘‘firefighter’’ refuse to provide services not required by the tions, shall not apply to an eligible person has the meaning given the term ‘‘employee terms and conditions of an existing contract. that transports or offers for transport a fer- engaged in fire protection activities.’’ in sec- SEC. 7. EXISTING COLLECTIVE BARGAINING tilizer, pesticide, or fuel for agricultural pur- tion 3(y) of the Fair Labor Standards Act (29 UNITS AND AGREEMENTS. poses, to the extent determined by the Sec- U.S.C. 203(y)). A certification, recognition, election-held, retary. (5) LABOR ORGANIZATION.—The term ‘‘labor collective bargaining agreement or memo- (c) APPLICABILITY.—Subsection (b) applies organization’’ means an organization com- randum of understanding which has been to— posed in whole or in part of employees, in issued, approved, or ratified by any public (1) security plan requirements under sub- which employees participate, and which rep- employee relations board or commission or part I of part 172 of title 49, Code of Federal resents such employees before public safety by any State or political subdivision or its Regulations (or a successor regulation); and agencies concerning grievances, conditions agents (management officials) in effect on of employment and related matters. the day before the date of enactment of this SA 2268. Mr. GREGG proposed an (6) LAW ENFORCEMENT OFFICER.—The term Act shall not be invalidated by the enact- amendment to amendment SA 2267 pro- ‘‘law enforcement officer’’ has the meaning ment of this Act. posed by Mr. DORGAN to the bill S. 1072, given such term in section 1204(5) of the Om- SEC. 8. CONSTRUCTION AND COMPLIANCE. to authorize funds for Federal-aid high- nibus Crime Control and Safe Streets Act of (a) CONSTRUCTION.—Nothing in this Act ways, highway safety programs, and 1968 (42 U.S.C. 3796b(5)). shall be construed— transit program, and for other pur- (7) MANAGEMENT EMPLOYEE.—The term (1) to invalidate or limit the remedies, poses; as follows: ‘‘management employee’’ has the meaning rights, and procedures of any law of any given such term under applicable State law At the appropriate place, add the fol- State or political subdivision of any State or in effect on the date of enactment of this lowing: jurisdiction that provides collective bar- Act. If no such State law is in effect, the gaining rights for public safety officers that SECTION 1. SHORT TITLE. term means an individual employed by a are equal to or greater than the rights pro- This Act may be cited as the ‘‘Public Safe- public safety employer in a position that re- vided under this Act; ty Employer-Employee Cooperation Act of quires or authorizes the individual to formu- (2) to prevent a State from enforcing a 2003’’. late, determine, or influence the policies of right-to-work law that prohibits employers SEC. 2. DECLARATION OF PURPOSE AND POLICY. the employer. and labor organizations from negotiating The Congress declares that the following is (8) PUBLIC SAFETY OFFICER.—The term provisions in a labor agreement that require the policy of the United States: ‘‘public safety officer’’— union membership or payment of union fees (1) Labor-management relationships and (A) means an employee of a public safety as a condition of employment; partnerships are based on trust, mutual re- agency who is a law enforcement officer, a (3) to invalidate any State law in effect on spect, open communication, bilateral con- firefighter, or an emergency medical services the date of enactment of this Act that sub- sensual problem solving, and shared account- personnel; stantially provides for the rights and respon- ability. Labor-management cooperation (B) includes an individual who is tempo- sibilities described in section 4(b) solely be- fully utilizes the strengths of both parties to rarily transferred to a supervisory or man- cause such State law permits an employee to best serve the interests of the public, oper- agement position; and appear on his or her own behalf with respect ating as a team, to carry out the public safe- (C) does not include a permanent super- to his or her employment relations with the ty mission in a quality work environment. In visory or management employee. public safety agency involved; or many public safety agencies it is the union (9) SUBSTANTIALLY PROVIDES.—The term (4) to permit parties subject to the Na- that provides the institutional stability as ‘‘substantially provides’’ means compliance tional Labor Relations Act (29 U.S.C. 151 et elected leaders and appointees come and go. with the essential requirements of this Act, seq.) and the regulations under such Act to (2) The Federal Government needs to en- specifically, the right to form and join a negotiate provisions that would prohibit an courage conciliation, mediation, and vol- labor organization, the right to bargain over employee from engaging in part-time em- untary arbitration to aid and encourage em- wages, hours, and conditions of employment, ployment or volunteer activities during off- ployers and their employees to reach and the right to sign an enforceable contract, duty hours; or maintain agreements concerning rates of and availability of some form of mechanism (5) to prohibit a State from exempting pay, hours, and working conditions, and to to break an impasse, such as arbitration, from coverage under this Act a political sub- make all reasonable efforts through negotia- medication, or fact finding.

VerDate jul 14 2003 02:37 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.054 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S595

(10) SUPERVISORY EMPLOYEE.—The term (4) Requiring an interest impasse resolu- has the right to file suit in a State court of ‘‘supervisory employee’’ has the meaning tion mechanism, such as fact-finding, medi- competent jurisdiction to enforce compli- given such term under applicable State law ation, arbitration or comparable procedures. ance with the regulations issued by the Au- in effect on the date (5) Requiring enforcement through State thority pursuant to subsection (b), and to en- enactment of this Act. If no such State law courts of— force compliance with any order issued by is in effect, the term means an individual, (A) all rights, responsibilities, and protec- the Authority pursuant to this section. The employed by a public safety employer, who— tions provided by State law and enumerated right provided by this subsection to bring a (A) has the authority in the interest of the in this section; and suit to enforce compliance with any order employer to hire, direct, assign, promote, re- (B) any written contract or memorandum issued by the Authority pursuant to this section shall terminate upon the filing of a peti- ward, transfer, furlough, lay off, recall, sus- of understanding. tion seeking the same relief by the Author- pend, discipline, or remove public safety offi- (c) FAILURE TO MEET REQUIREMENTS.— (1) IN GENERAL.—If the Authority deter- ity. cers, to adjust their grievances, or to effec- mines, acting pursuant to its authority tively recommend such action, if the exer- SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. under subsection (a), that a State does not A public safety employer, officer, or labor cise of the authority is not merely routine or substantially provide for the rights and reorganization may not engage in a lockout, clerical in nature but requires the consistent sponsibilities described in subsection (b), sickout, work slowdown, or strike or engage exercise of independent judgment; and such State shall be subject to the regula- in any other action that is designed to com- (B) devotes a majority of time at work ex- tions and procedures described in section 5. pel an employer, officer, or labor organiza- ercising such authority. (2) EFFECTIVE DATE.—Paragraph (1) shall tion to agree to the terms of a proposed con- SEC. 4. DETERMINATION OF RIGHTS AND RE- take effect on the date that is 2 years after tract and that will measurably disrupt the SPONSIBILITIES. the date of enactment of this Act. delivery of emergency services, except that (a) DETERMINATION.— SEC. 5 ROLE OF FEDERAL LABOR RELATIONS AU- it shall not be a violation of this section for N GENERAL (1) I .—Not later than 180 days THORITY. an employer, officer, or labor organization to after the date of enactment of this Act, the (a) IN GENERAL.—Not later than 1 year refuse to provide services not required by the Authority shall make a determination as to after the date of enactment of this Act, the terms and conditions of an existing contract. whether a State substantially provides for Authority shall issue regulations in accord- SEC. 7. EXISTING COLLECTIVE BARGAINING the rights and responsibilities described in ance with the rights and responsibilities de- UNITS AND AGREEMENTS. subsection (b). In making such determina- scribed in section 4(b) establishing collective A certification, recognition, election-held, tions, the Authority shall consider and give bargaining procedures for public safety em- collective bargaining agreement or memo- weight, to the maximum extent practicable, ployers and officers in States which the Au- randum of understanding which has been to the opinion of affected parties. thority has determined, acting pursuant to issued, approved, or ratified by any public UBSEQUENT DETERMINATIONS.— (2) S its authority under section 4(a), do not sub- employee relations board or commission or (A) IN GENERAL.—A determination made stantially provide for such rights and respon- by any State or political subdivision or its pursuant to paragraph (1) shall remain in ef- sibilities. agents (management officials) in effect on fect unless and until the Authority issues a (b) ROLE OF THE FEDERAL LABOR RELATIONS the day before the date of enactment of this subsequent determination, in accordance AUTHORITY.—The Authority to the extent Act shall not be invalidated by the enact- with the procedures set forth in subpara- provided in this Act and in accordance with ment of this Act. graph (B). regulations prescribed by the Authority, SEC. 8. CONSTRUCTION AND COMPLIANCE. (B) PROCEDURES FOR SUBSEQUENT DETER- shall— (a) CONSTRUCTION.—Nothing in this Act MINATIONS.—Upon establishing that a mate- (1) determine the appropriateness of units shall be construed— rial change in State law or its interpretation for labor organizations representation; (1) to invalidate or limit the remedies, has occurred, an employer or a labor organi- (2) supervise or conduct elections to deter- rights, and procedures of any law of any zation may submit a written request for a mine whether a labor organization has been State or political subdivision of any State or subsequent determination. If satisfied that a selected as an exclusive representative by a jurisdiction that provides collective bar- material change in State law or its interpre- majority of the employees in an appropriate gaining rights for public safety officers that tation has occurred, the Director shall issue unit; are equal to or greater than the rights pro- a subsequent determination not later than 30 (3) resolve issues relating to the duty to vided under this Act; days after receipt of such request. bargain in good faith; (2) to prevent a State from enforcing a (3) JUDICIAL REVIEW.—Any State, political (4) conduct hearings and resolve com- right-to-work law that prohibits employers subdivision of a State, or person aggrieved plaints of unfair labor practices; and labor organizations from negotiating by a determination of the Authority under (5) resolve exceptions to the awards of arbi- provisions in a labor agreement that require this section may, during the 60-day period trators; union membership or payment of union fees beginning on the date on which the deter- (6) protect the right of each employee to as a condition of employment; mination was made, petition any United form, join, or assist any labor organization, (3) to invalidate any State law in effect on the date of enactment of this Act that sub- States Court of Appeals in the circuit in or to refrain from any such activity, freely stantially provides for the rights and respon- which the person resides or transacts busi- and without fear of penalty or reprisal, and sibilities described in section 4(b) solely be- ness or in the District of Columbia circuit, protect each employee in the exercise of cause such State law permits an employee to for judicial review. In any judicial review of such right; and appear on his or her own behalf with respect a determination by the Authority, the proce- (7) take such other actions as are nec- to his or her employment relations with the dures contained in subsections (c) and (d) of essary and appropriate to effectively admin- section 7123 of title 5, United States Code, public safety agency involved; or ister this Act, including issuing subpoenas (4) to permit parties subject to the Na- shall be followed, except that any final de- requiring the attendance and testimony of tional Labor Relations Act (29 U.S.C. 151 et termination of the Authority with respect to witnesses and the production of documen- seq.) and the regulations under such Act to questions of fact or law shall be found to be tary or other evidence from any place in the negotiate provisions that would prohibit an conclusive unless the court determines that United States, and administering oaths, tak- employee from engaging in part-time em- the Authority’s decision was arbitrary and ing or ordering the taking of depositions, or- ployment or volunteer activities during off- capricious. dering responses to written interrogatories, duty hours; or (b) RIGHTS AND RESPONSIBILITIES.—In mak- and receiving and examining witnesses. (5) to prohibit a State from exempting ing a determination described in subsection (c) ENFORCEMENT.— from coverage under this Act a political sub- (a), the Authority shall consider whether (1) AUTHORITY TO PETITION COURT.—The Au- division of the State that has a population of State law provides rights and responsibilities thority may petition any United States less than 5,000 or that employs less than 25 comparable to or greater than the following: Court of Appeals with jurisdiction over the full-time employees. (1) Granting public safety officers the right parties, or the United States Court of Ap- For purposes of paragraph (5), the term to form and join a labor organization, which peals for the District of Columbia Circuit, to ‘‘employee’’ includes each and every indi- may exclude management and supervisory enforce any final orders under this section, vidual employed by the political subdivision employees, that is, or seeks to be, recognized and for appropriate temporary relief or a re- except any individual elected by popular as the exclusive bargaining representative of straining order. Any petition under this sec- vote or appointed to serve on a board or com- such employees. tion shall be conducted in accordance with mission. (2) Requiring public safety employers to subsections (c) and (d) of section 7123 of title (b) COMPLIANCE.—No State shall preempt recognize the employees’ labor organization 5, United States Code, except that any final laws or ordinances of any of its political sub- (freely chosen by a majority of the employ- order of the Authority with respect to ques- divisions if such laws provide collective bar- ees), to agree to bargain with the labor orga- tions of fact or law shall be found to be con- gaining rights for public safety officers that nization, and to commit any agreements to clusive unless the court determines that the are equal to or greater than the rights pro- writing in a contract or memorandum of un- Authority’s decision was arbitrary and capri- vided under this Act. derstanding. cious. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (3) Permitting bargaining over hours, (2) PRIVATE RIGHT OF ACTION.—Unless the There are authorized to be appropriated wages, and terms and conditions of employ- Authority has filed a petition for enforce- such sums as may be necessary to carry out ment. ment as provided in paragraph (1), any party the provisions of this Act.

VerDate jul 14 2003 02:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.046 S04PT1 S596 CONGRESSIONAL RECORD — SENATE February 4, 2004 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without that wish to acquire such technologies, MEET objection, it is so ordered. equipment, and information to improve the homeland security capabilities of those COMMITTEE ON BANKING, HOUSING, AND URBAN f agencies, and review such applications in co- AFFAIRS HOMELAND SECURITY TECH- ordination with the advisory committee es- Mr. FRIST. Mr. President, I ask NOLOGY IMPROVEMENT ACT OF tablished under subparagraph (A)(ii); and unanimous consent that the Com- 2003 ø‘‘(D) transfer the approved technology, mittee on Banking, Housing, and equipment, and information, and provide the Urban Affairs be authorized to meet Mr. FRIST. Mr. President, I ask appropriate training to the State or local during the session of the Senate on unanimous consent that the Senate law enforcement agency pending the ap- February 4, 2004, at 10 a.m., to conduct now proceed to consideration of Cal- proval of the application of the State or local law enforcement agency under subpara- a business meeting to consider the pro- endar No. 416, S. 1612. The PRESIDING OFFICER. The graph (C). posed Federal Public Transportation ø clerk will report the bill by title. ‘‘(2) LIMITATION ON ADMINISTRATION EX- Act. The meeting will be held in room PENDITURE.—No more than 10 percent of the S–219 of the Capitol. The assistant legislative clerk read budget of the technology, equipment, and in- The PRESIDING OFFICER. Without as follows: formation transfer program under this sub- objection, it is so ordered. A bill (S. 1612) to establish a technology, section may be used for administrative ex- equipment, and information transfer pro- penses. COMMITTEE ON FINANCE gram within the Department of Homeland ø‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— Mr. FRIST. Mr. President, I ask Security. There are authorized to be appropriated unanimous consent that the Com- There being no objection, the Senate $50,000,000 for each of fiscal years 2004 mittee on Finance be authorized to ¿ proceeded to consider the bill which through 2014 to carry out this subsection.’’. meet during the session on Wednesday, had been reported from the Committee SECTION 1. SHORT TITLE. February 4, 2004, at 9:30 a.m., to hear This Act may be cited as the ‘‘Homeland Secu- on Governmental Affairs with an testimony on the administration’s rity Technology Improvement Act of 2003’’. amendment to strike all after the en- Health and Human Services Budget SEC. 2. HOMELAND SECURITY TECHNOLOGY acting clause and insert in lieu thereof Priorities. The meeting will be held in TRANSFER PROGRAM. the following: (a) IN GENERAL.—Section 313 of the Homeland room B318 of the Rayburn House Office (Strike the part shown in black Security Act of 2002 (6 U.S.C. 193) is amended— Building. brackets and insert the part shown in (1) in subsection (b), by adding at the end the The PRESIDING OFFICER. Without following: objection, it is so ordered. italic.) ‘‘(6) The establishment of a multi-agency S. 1612 COMMITTEE ON GOVERNMENT AFFAIRS homeland security technology, equipment, and Mr. FRIST. Mr. President, I ask Be it enacted by the Senate and House of Rep- information transfer program to allow for the transfer of technology, equipment, and informa- unanimous consent that the Com- resentatives of the United States of America in Congress assembled, tion to State and local law enforcement agen- mittee on Governmental Affairs be au- øSECTION 1. SHORT TITLE. cies.’’; thorized to meet on Wednesday, Feb- (2) by redesignating subsection (c) as sub- øThis Act may be cited as the ‘‘Homeland section (d); and ruary 4, 2004, at 2 p.m., for a hearing ti- Security Technology Improvement Act of (3) by inserting after subsection (b) the fol- tled ‘‘Preserving a Strong United 2003’’. States Postal Service: Workforce lowing: øSEC. 2. HOMELAND SECURITY TRANSFER PRO- ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In Issues, Day 2.’’ The meeting will be GRAM. developing the program described under sub- held in room 2154 of the Rayburn House ø(a) IN GENERAL.—Section 430 of the Home- section (b)(6), the Secretary, acting through the Office Building. land Security Act of 2002 (6 U.S.C. 238) is Under Secretary for Science and Technology The PRESIDING OFFICER. Without amended— shall— objection, it is so ordered. ø(1) by redesignating subsection (d) as sub- ‘‘(1) in close cooperation with the Office of section (e); Domestic Preparedness, conduct, on an ongoing f ø(2) in subsection (c)— basis— PRIVILEGES OF THE FLOOR ø(A) in paragraph (7), by striking ‘‘and’’ at ‘‘(A) research and development of new tech- the end; nologies; Mr. REID. Mr. President, I ask unan- ø(B) in paragraph (8), by striking the pe- ‘‘(B) surveys and reviews of available appro- imous consent that a fellow in Senator riod and inserting ‘‘; and’’; and priate technologies; and HILLARY CLINTON’s office, Joshua ø(C) by adding at the end the following: ‘‘(C) tests, evaluations, and demonstrations of Shank, be granted the privilege of the ø‘‘(9) overseeing and coordinating a multi- new and available technologies that signifi- floor during the pendency of this ac- agency homeland security technology, equip- cantly improve the capability of law enforce- tion. ment, and information transfer program to ment agencies in countering terrorist threats; The PRESIDING OFFICER. Without allow for the transfer of technology, equip- ‘‘(2) in support of the activities described in ment, and information to State and local law paragraph (1)— objection, it is so ordered. ‘‘(A) consult with State and local law enforce- Mr. BOND. Mr. President, I ask unan- enforcement agencies.’’; and ø(3) by adding after subsection (c) the fol- ment agencies and others determined by the Sec- imous consent that Nick Karellas of lowing: retary, including the advisory committee estab- my staff be granted floor privileges ø‘‘(d) TECHNOLOGY, EQUIPMENT, AND INFOR- lished under section 430(d); ‘‘(B) work with the National Institute for during the remaining consideration of MATION TRANSFER PROGRAM.— Standards and Technology and any other office S. 1072. ø‘‘(1) IN GENERAL.—The Director shall— The PRESIDING OFFICER. Without ø‘‘(A) identify counterterrorism tech- or agency determined by the Secretary; ‘‘(C) at the discretion of the Secretary, enter nologies, equipment, and information devel- objection, it is so ordered. into agreements and coordinate with other Fed- oped or proven to be effective by— f eral agencies to maximize the effectiveness of ø‘‘(i) consulting with the Undersecretary the technologies, equipment, and information; APPOINTMENT for Science and Technology; and ø‘‘(ii) establishing an advisory committee The PRESIDING OFFICER. The ‘‘(3) provide a comprehensive list of available comprised of retired and active-duty law en- technologies, equipment, and information to the Chair, on behalf of the President pro forcement officials from geographically di- Office for Domestic Preparedness which shall tempore, pursuant to S. Con. Res. 130 verse regions; administer a technology transfer program de- (106th Congress), appoints the following ø‘‘(iii) consulting with State and local law individual to the Task Force on Slave scribed under section 430(d).’’. enforcement agencies; and (b) OFFICE FOR DOMESTIC PREPAREDNESS.— ø Laborers: Virginia Walden-Ford of ‘‘(iv) entering into agreements and coordi- Section 430 of the Homeland Security Act of 2002 Washington, DC. nating with other Federal agencies to maxi- (6 U.S.C. 238) is amended— mize the effectiveness of the technologies, f (1) by redesignating subsection (d) as sub- equipment, and information available to law section (e); and REFERRAL of H.R. 1446 enforcement agencies; (2) by inserting after subsection (c) the fol- ø Mr. FRIST. Mr. President, I ask ‘‘(B) make these technologies, equipment, lowing: and information available to State and local unanimous consent that Calendar No. ‘‘(d) TECHNOLOGY, EQUIPMENT, AND INFORMA- law enforcement agencies on an annual TION TRANSFER PROGRAM.— 318, H.R. 1446, the California missions basis; ‘‘(1) ADMINISTRATION.—The Director of the bill, be referred to the Committee on ø‘‘(C) accept applications from the head of Office for Domestic Preparedness, in coordina- Energy and Natural Resources. State and local law enforcement agencies tion with the Under Secretary for Science and

VerDate jul 14 2003 02:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 6333 E:\CR\FM\A04FE6.044 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — SENATE S597 Technology, shall establish and administer a States of America strong allies and day at 9 a.m., and the Dirksen Office technology transfer program through which the friends in the much broader defense of Building, Monday at 7 a.m. Staff have Director shall— liberty. been patient. Staff have been under- ‘‘(A) make the counterterrorism technology, For much longer than many other standing. Staff have adapted to this equipment, and information available to State and local law enforcement agencies each year nations and most other nations, Spain terrible incident, working at home and based on— has been a part of United States his- working wherever they can find a ‘‘(i) the comprehensive list of available tech- tory and indeed we have been a part of space, sometimes in the hallways. I do nologies, equipment, and information described Spain’s history. As we look back over want to thank my colleagues and the under section 313(c); and the time, that history has been one full staff for responding in this fashion. ‘‘(ii) the needs identified by the advisory com- of discovery for both sides. It has been I have previously mentioned that mittee established under this subsection; an experience rich in harmony and dis- every time I go through the list in my ‘‘(B) consult with State and local law enforce- cord. own mind, I leave people out, but all ment agencies and others, as determined by the Secretary; I was able to talk to the President the various people who are working to- ‘‘(C) accept applications from the head of before as we reviewed that history and gether through the Sergeant at Arms’ State and local law enforcement agencies that after his speech today. It has been a Office, the Office of the Secretary of wish to acquire such technologies, equipment, history that has been characterized by the Senate, especially the Capitol Po- and information to improve the homeland secu- wars fought against each other and lice, the U.S. Marines who are here rity capabilities of those agencies, and review wars fought alongside each other. with us, the Centers for Disease Con- these applications with the advisory committee We have had the opportunity to cele- trol and Prevention, the Joint Ter- established under this subsection; and brate together the creation of new de- ‘‘(D) transfer the approved technology, equip- rorism Task Force, the Department of ment, and information and provide the appro- mocracies. We have celebrated to- Homeland Security, the Environmental priate training to the State or local law enforce- gether the defense of existing democ- Protection Agency, the various law en- ment agencies to implement such technology, racies, of old democracies. Together, as forcement agencies that have re- equipment, and information. we look back over the last several sponded, the postal workers, the postal ‘‘(2) TECHNOLOGY TRANSFER ADVISORY COM- years, we have faced the gravest system across the United States of MITTEE.—Under the authority of section 871, the threats to the security of free people, America in what has truly been re- Secretary, acting through the Director of the and through that togetherness and that markable when we think of what we Office for Domestic Preparedness, shall establish partnership we have prevailed, ad- 1 an advisory committee, or designate an existing have gone through, with anthrax 2 ⁄2 advisory committee comprised of retired and ac- vanced, and progressed. years ago and a number of other inci- tive duty State and local law enforcement offi- In our hour of need, our response to dents. cers, to advise the Director of the Office for Do- the acts of terrorism, September 11, Looking back over the 200-year his- mestic Preparedness and the Under Secretary 2001, acts that the President referred tory of this wonderful celebrated build- for Science and Technology regarding the home- to—he referred to that day as a terrible ing, probably the most celebrated land security technology transfer program es- day, reflecting, as he did today, that building in the world, the place has tablished under this subsection. the principles that were attacked that been burned down essentially, has been ‘‘(3) EXPANSION OF PROGRAM.—Upon the ap- day were the principles Spain had and attacked, has been assaulted again and proval of the Secretary, the Director of the Of- the United States had, both countries fice for Domestic Preparedness may expand the again, but the institution itself, just program established under this subsection to have, and those very principles and val- like the people who are here, who are transfer technology, equipment, and informa- ues were attacked. I believe he used the working here every day, has responded tion to first responders other than law enforce- words ‘‘brutally attacked.’’ In our hour with a resiliency that is truly remark- ment agencies and revise the advisory committee of need, the Spanish people showed us a able. There is a toughness and an abil- accordingly. solidarity, a friendship, and a compas- ity to bounce right back. ‘‘(4) LIMITATION ON ADMINISTRATION EXPENDI- sion that very much were the medicine We have not missed a step in terms of TURE.—Not more than 10 percent of the budget for the soul of our Nation. conducting the Nation’s business in of the technology, equipment, and information Spain—and the President reflects transfer program established under this sub- spite of the really tragic occurrence of section may be used for administrative expenses. this—has very much been our ally in the last several days. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— every sense of the word. It was wonder- I will close on this particular issue, There are authorized to be appropriated ful for us to be able to welcome him again talking about my own staff who $50,000,000 for each of the fiscal years 2005 today and to listen to his comments in responded so admirably. I have my own through 2014 to carry out this subsection.’’. the Halls of the Capitol of the United staff who are in the mailroom, and Mr. FRIST. Mr. President, I ask States of America. when they see something is not quite unanimous consent that the committee For me and many others, in the right, they use procedures that they substitute be agreed to; that the bill, course of the day, as business has pro- have been trained in and that we have as amended, be read the third time and gressed on the floor, we have been cen- all focused on very much in terms of passed; that the motion to reconsider tered on the response to the ricin at- our procedures. They immediately re- be laid upon the table; and that any tack in the Dirksen Building now a lit- sponded appropriately and handled statements relating to the bill be tle over 48 hours ago. I am happy to re- that operation in an appropriate way printed in the RECORD. port that everybody is doing fine. A with evaluation of the room, notifica- The PRESIDING OFFICER. Without few hours ago I made an announcement tion of the appropriate personnel, and objection, it is so ordered. that the postal system and that people the appropriate response. Without The committee amendment in the in the postal system, both inside our that, people could have been hurt and nature of a substitute was agreed to. buildings and inside our grounds, but could have died. The bill (S. 1612), as amended, was also outside, are doing fine, which is It is nice to be able to see that and read the third time and passed. very good news. I say that because it is commend the people working in such f important to realize that this agent an environment. Unfortunately, these ricin is a deadly agent. It is a life- are the realities we have seen, anthrax THE DAY’S EVENTS threatening agent and, through expo- 21⁄2 years ago, ricin today, Capitol Po- Mr. FRIST. Mr. President, we will be sure, could have hurt many people. lice officers assaulted in this building closing very shortly but I want to As I said earlier but want to rein- and killed not too long ago. The resil- make a couple of remarks on the force, we are making great progress in iency is truly remarkable in this great events of the day. The highlight of the the collection of mail and in examining institution. day for me personally was the joint the Senate office buildings. Officials f session we had earlier today with the have moved aggressively. They have presentation by President Aznar of moved in an almost symphonic fashion ORDERS FOR THURSDAY, Spain. His address to Members of the to respond to this insult. As I pre- FEBRUARY 5, 2004 Senate and the House of Representa- viously announced, the Russell Office Mr. FRIST. I ask unanimous consent tives very much captured the essence Building will open tomorrow at noon, that when the Senate completes its of what makes Spain and the United the Hart Office Building will open Fri- business today, it adjourn until 9 a.m.,

VerDate jul 14 2003 02:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.029 S04PT1 S598 CONGRESSIONAL RECORD — SENATE February 4, 2004 Thursday, February 5. I further ask resume consideration of S. 1072, the ADJOURNMENT UNTIL 9 A.M. that following the prayer and pledge, highway bill. TOMORROW the morning hour be deemed expired, The PRESIDING OFFICER. Without Mr. FRIST. If there is no further the Journal of proceedings be approved objection, it is so ordered. business to come before the Senate, I to date, the time for the two leaders be f ask unanimous consent that the Sen- reserved for their use later in the day, ate stand in adjournment under the and the Senate then begin a period for PROGRAM previous order. morning business until 10:30 a.m., with Mr. FRIST. Tomorrow morning, fol- There being no objection, the Senate, the first 22 minutes under the control lowing morning business, the Senate at 7:09 p.m., adjourned until Thursday, February 5, 2004, at 9 a.m. of Senator ROBERTS or his designee, the will resume consideration of S. 1072, the highway bill. There are currently following 22 minutes under the control f two amendments pending to the bill. It of Senator GRAHAM of Florida or his is my hope that we will be able to work CONFIRMATION designee, the following 22 minutes through those amendments early in the under the control of the majority lead- Executive nomination confirmed by day so we can proceed to additional the Senate February 4, 2004: er or his designee, and the final 22 min- amendments. Senators should expect utes under the control of Senator FEIN- votes tomorrow as the Senate con- THE JUDICIARY STEIN or her designee; provided that tinues to make progress on the high- MARK R. FILIP, OF ILLINOIS, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- following morning business, the Senate way bill. NOIS.

VerDate jul 14 2003 02:10 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 9801 E:\CR\FM\G04FE6.095 S04PT1 February 4, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E107 EXTENSIONS OF REMARKS

TRIBUTE TO DEERE & COMPANY Rollcall No. 9, on the motion to recommit The Chinese government routinely refuses IN RECOGNITION OF THE 200TH with instructions, I would have voted ‘‘yea.’’ to allow independent international human BIRTHDAY OF JOHN DEERE Rollcall No. 10, on final passage of S. 1920, rights monitors, including U.N. human rights a bill to extend for 6 months the period for representatives, to conduct unhindered inves- HON. J. DENNIS HASTERT which chapter 12 of title 11 of the United tigations into the human rights situation in States Code is reenacted, I would have voted OF ILLINOIS Tibet. Religious freedom in Tibet is non- ‘‘nay.’’ existent. IN THE HOUSE OF REPRESENTATIVES Rollcall No. 13, on the motion to instruct Tibetans are routinely imprisoned for partici- Wednesday, February 4, 2004 conferees, I would have voted ‘‘yea.’’ pation in-non-violent political activities, such as Mr. HASTERT. Mr. Speaker, I rise today to Rollcall No. 14, expressing the profound hanging flags or promoting independence. pay tribute to Deere & Company on the 200th sorrow of the House of Representatives on the Prisoners serve lengthy sentences and are anniversary of founder John Deere’s birth. anniversary of the accident that cost the crew routinely mistreated and tortured while in pris- John Deere, who developed the world’s first of the Space Shuttle Columbia their lives, and on. I visited Tibet in 1997 and was able to wit- commercially successful, self-scouring steel extending heartfelt sympathy to their families, ness first hand the conditions there and the plow, thereby opening the West to farming, I would have voted ‘‘yea.’’ continued repression of the Tibetan people. I was born on February 7, 1804. John Deere Rollcall No. 15, expressing the sense of the met with monks, nuns and Tibetans on the emigrated to the western Illinois settlement of House of Representatives regarding several street who revealed to me how bad the condi- Grand Detour in 1837 and set up a blacksmith individuals who are being held as prisoners of tions are in Tibet. I visited the prisons and shop near the Rock River. After fashioning the conscience by the Chinese Government for heard first hand accounts of the brutality tak- first self-scouring steel plow, John Deere their involvement in efforts to end the Chinese ing place deep in the shadows. moved to a water-powered factory along the occupation of Tibet, I would have voted ‘‘yea.’’ The following is a firsthand account of the Rollcall No. 16, recognizing the 93rd birth- Mississippi River in Moline, Illinois—a town of arrest of Phuntsog Nyidron, a 20-year-old nun day of Ronald Reagan, I would have voted roughly 55,000 people just outside my district. arrested in 1989 for peaceful demonstration in ‘‘yea.’’ In 1868, John Deere incorporated his busi- Lhasa. ‘‘During arrests nuns are kicked, beat- ness under the name Deere & Company and f en and given electric shocks on their hands, established enduring values that have sus- EXPRESSING SENSE OF HOUSE RE- shoulders, breasts, tongue and face. During tained his company for over 165 years—qual- GARDING PRISONERS OF CON- the interrogation, they are suspended by their ity, integrity, innovation and commitment. SCIENCE BY CHINESE GOVERN- hands, which are shackled behind their backs, Today, Deere & Company does business in MENT FOR THEIR INVOLVEMENT for prolonged periods and beaten with iron more than 160 countries and employs roughly IN EFFORTS TO END CHINESE rods.’’ 43,000 employees worldwide, many of whom OCCUPATION OF TIBET As I close, 10 Catholic bishops are in China reside in my Congressional district. They are today under house arrest. The Protestant the world’s leading manufacturer of agricultural SPEECH OF Church is being abused and beaten in China. and forest equipment, a major manufacturer of HON. FRANK R. WOLF The Falun Gong are being persecuted on a construction equipment, and a leading supplier daily basis. The Chinese have plundered OF VIRGINIA Tibet. America must do more to force China to of equipment used in lawn, grounds and turf IN THE HOUSE OF REPRESENTATIVES care. adhere to fundamental human rights and reli- Today, I wish to recognize Deere & Com- Tuesday, February 3, 2004 gious freedom. pany on the achievements of pioneer black- Mr. WOLF. Mr. Speaker, I strongly support The clock is ticking for Tibet. If nothing is smith John Deere and congratulate the com- H. Res. 157 and strongly condemn the Chi- done, a country, its people, religion and cul- pany he founded on the 200th anniversary of nese government for the continued detainment ture will one day be lost. his birth. and torture of Tibetan political prisoners. I re- f f main extremely concerned that men and PERSONAL EXPLANATION women in China are routinely persecuted by PERSONAL EXPLANATION the Chinese government. China has for too HON. SUE WILKINS MYRICK long been at liberty to detain, torture, intimi- OF NORTH CAROLINA HON. MICHAEL M. HONDA date and oppress its people. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA The Tibetan people are denied basic human Wednesday, February 4, 2004 IN THE HOUSE OF REPRESENTATIVES rights guaranteed in the Universal Declaration of Human Rights, including the right to self-de- Wednesday, February 4, 2004 Mrs. MYRICK. Mr. Speaker, I was unable to termination, freedom of speech, assembly, participate in the following votes on February Mr. HONDA. Mr. Speaker, on Tuesday Jan- movement, expression and religious belief. 3, 2004. If I had been present, I would have uary 27th, Wednesday January 28th, and on Hundreds of Tibetans are currently in prison voted as follows: Tuesday February 3rd, I was unavoidably de- for peaceful expressions of political or reli- Rollcall vote No. 12, on H. Res. 507, ex- tained due to family matters I had to take care gious belief. The majority of Tibetan political pressing the profound sorrow of the House of of in California and was not present for rollcall prisoners are Buddist monks and nuns. Representatives on the anniversary of the ac- votes on those days. Each year the situation in Tibet worsens. cident that cost the crew of the Space Shuttle Had I been present I would have voted the The unchecked migration of Chinese into Ti- Columbia their lives, and extending heartfelt following: betan areas is resulting in social, economic sympathy to their families, I would have voted Rollcall No. 6, to extend the provision of title and cultural destruction of Tibetans. His Holi- ‘‘yes.’’ 39, United States Code, under which the ness the Dalai Lama considers this demo- Rollcall vote No. 13, on H. Res. 157, ex- United States Postal Service is authorized to graphic strategy the greatest threat to the sur- pressing the sense of the House of Rep- issue a special postage stamp to benefit vival of the Tibetan culture and identity. More resentatives regarding several individuals who breast cancer research, I would have voted than 6,000 monasteries and nunneries and are being held as prisoners of conscience by ‘‘yea.’’ their contents—irreplaceable jewels of Tibetan the Chinese Government for their involvement Rollcall No. 7, the Medical Devices Tech- culture—have been destroyed since the Chi- in efforts to end the Chinese occupation of nical Corrections Act, I would have voted nese occupation and thousands of monks and Tibet, I would have voted ‘‘yes.’’ ‘‘yea.’’ nuns have been kicked out of their mon- Rollcall vote No. 14, on H.J. Res. 84, recog- Rollcall No. 8, on the Baldwin Substitute asteries for refusing to renounce the Dalai nizing the 93rd birthday of Ronald Reagan, I Amendment, I would have voted ‘‘yea.’’ Lama. would have voted ‘‘yes.’’

∑ 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. E108 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 IN SUPPORT OF ISRAEL’S nize Israel’s security fence as a necessary people. His own life not only had taught him SECURITY FENCE measure to protect their people from those the values of hard work and perseverance, but who believe that the path to salvation is paved also the need for cooperation in order to HON. TOM FEENEY by killing Jewish women and children. Other- achieve common goals. Mr. Williams will al- OF FLORIDA wise, once again a U.N. entity will end up on ways be remembered as one of the most IN THE HOUSE OF REPRESENTATIVES the wrong side of peace, security, freedom dedicated and successful business managers Wednesday, February 4, 2004 and democracy. of the UA Local 393. His life constitutes a f wonderful example for many young people Mr. FEENEY. Mr. Speaker, I rise today in today who wish to engage in the labor rights support of Israel’s security fence. COMMEMORATING LOYD E. movement and who want to actively support In yet another example of political manipula- WILLIAMS their communities. tion of a U.N. body, Palestinians and their Mr. Williams is survived by his wife, Caro- supporters have convinced the International HON. MICHAEL M. HONDA lyn, of 37 years and his son, Jonathan. Also, Court of Justice to take up the issue of Israel’s OF CALIFORNIA he is fondly remembered by his siblings Oren, security fence. On December 8, 2003, the General Assem- IN THE HOUSE OF REPRESENTATIVES Bill, and Linda Fanelli. The entire community bly of the United Nations, sitting as an Emer- Wednesday, February 4, 2004 of Santa Clara County gives thanks and com- memorates the life and many accomplish- gency Special Session, adopted resolution ES Mr. HONDA. Mr. Speaker, I, Ms. LOFGREN, 10/14 requesting the ICJ to render an advisory ments of Mr. Loyd Williams. and Ms. ESHOO rise today to commemorate Mr. Speaker, we extend our deepest condo- opinion on the legal consequences of Israel’s the life and many accomplishments of Mr. security fence. This recent action by the Arab lences to Mr. Williams’ family and friends. Loyd Williams, who passed away on Sunday, Please join us in honoring Mr. Loyd Williams, nations is an indignation both in relation to the December 28, 2003. Mr. Williams will long be jurisdiction of the Court to address such an a truly exceptional individual who dedicated remembered for his integrity and dedication to his life to the service of others. issue, and the propriety of such a proceeding. the welfare of all people in his community, and f The International Court of Justice was set for his advocacy and hard work on behalf of up in 1945 under the Charter of the United the members of the United Association (UA) of RECOGNIZING THE RETIREMENT Nations to be the principal judicial organ of the Plumbers, Steamfitters, and Refrigeration Fit- OF VAN MILLER, THE VOICE OF Organization. The blatant use of the ICJ to fur- ters Local 393 and the entire labor movement. THE BUFFALO BILLS ther a political agenda is not only an outrage Loyd Williams was born in El Morro, NM on but an obvious conflict with the original pur- April 15, 1941. At the age of 2, he and his pose of the Court. HON. JACK QUINN family moved to San Jose, CA, where he at- Article 36 of the Court’s Statute states that OF NEW YORK tended Cambrian Elementary School and then contentious issues may only be brought before IN THE HOUSE OF REPRESENTATIVES Camden High School. Mr. Williams had his the Court with the consent of all parties. In this Wednesday, February 4, 2004 case, not only is the issue at hand clearly con- first experiences with the labor movement and tentious, but the parties have already agreed its concerns while in his early school years, Mr. QUINN. Mr. Speaker, all good things on appropriate mechanisms for resolving such working as a prune harvester and later be- must come to an end, and it is with both sad- issues between themselves. Israel has voiced coming a harvest contractor. During which, ness and great respect that we acknowledge their deep reservations about the Arab initia- Loyd fired his own brother for poor job per- the end of Van Miller’s remarkable career as tive to involve the ICJ in complex political formance. Consequently, he learned a valu- the announcer for the Buffalo Bills. At 76 issues that should be resolved through nego- able lifelong lesson when Loyd’s father later years of age, Mr. Miller has been the most de- tiation and the abuse of the U.N. and the ICJ advised him that his brother was not properly voted and longest-tenured broadcaster in the as part of a narrow political campaign. trained. Instilled with his father’s wisdom and history of the National Football League. He A significant group of states, including the insight, Loyd became one of the most re- began his distinguished career with the Bills United States, Switzerland, Uganda and Italy spected labor leaders by modeling and teach- on July 30, 1960, commenting for an exhi- stated in the General Assembly that they op- ing what he expected of others. After grad- bition game against the Boston Patriots. For pose the request for an advisory opinion be- uating from high school in 1959, Mr. Williams the following 37 years, Mr. Miller lent his voice cause it goes directly against the Road Map became an apprentice plumber and was elect- to the Buffalo Bills and their loyal fans, cre- and the wishes of the Security Council, which ed president of his apprenticeship class. In ating a steadfast following with the phe- unanimously endorsed the Road Map in Reso- 1964, he became a journeyman plumber and nomenon known as Vandemonium. lution 1515 of November 19, 2003 and which was active for 8 years in UA Local 393. Loyd As the play-by-play announcer for the Bills, has repeatedly called for resolution of the con- Williams was elected business agent in 1973 Mr. Miller articulated their decades of both tri- flict via direct negotiations in accordance with and served continuously until he became busi- umphs and defeats, displaying his love for the Resolutions 242 (1967) and 338 (1973). ness manager in 1992. game and the team through good times and The Government of Israel has recently reit- Loyd’s 43-year dedication to UA Local 393 bad. He is renowned not only for his profes- erated its commitment to the Road Map. It be- was not merely confined to his role as a busi- sionalism in the booth, but also for his enthusi- lieves that those who support the efforts of the ness manager. He gladly took on many other astic announcing. The excitement of the fans Quartet and the international community in responsibilities within the union and the com- matched his own exhilaration at watching his bringing the sides together should stress to munity. Recently, Loyd Williams chaired the favorite team play. the ICJ the importance of not prejudicing that UA Local 393’s Centennial Committee, orga- The lead commentator for Super Bowl XXV process and emphasize that the Court should nizing the Union’s 100th Anniversary Celebra- between the Bills and the New York Giants, refuse to respond to the question at hand. tion on January 24, 2004. He also chaired the Mr. Miller was the voice of professionalism in The U.N. General Assembly has been a Board of Trustees for the UA Local 393 Pen- announcing the Giants’ victory over his be- hotbed of anti-Israel activity, passing more sion Fund, served as Secretary-Treasurer of loved Bills. Though a devastating moment for resolutions against Israel than on any other the Western States Pipe Council, and acted the team, Mr. Miller made the call with poise subject—more than 400 since 1964. In con- as delegate to the Santa Clara/San Benito and calm, ably performing his announcing du- trast, the body has never investigated the Pal- Trades Council, the South Bay Labor Council, ties while displaying the utmost respect for estinian terror campaign against Israel, nor the California State Pipe Trade Council, and both teams. It is this dedication to his job and has it investigated abuse, torture and other the UA National Convention. Mr. William’s co- team that explains why Buffalo may be the human rights violations by non-democratic workers fondly remember his outspokenness only city in the world where football fans turn states in the Arab world. and willingness to fight for labor rights. Mem- down the volume on their televisions and turn On a host of issues, the U.N. and its bers of the community recall his many other up their radios when a Bills game is on. agents, in this case the ICJ, have become not contributions that included helping to establish Van Miller is more than a voice, however. only irrelevant to the cause of furthering clas- the South Bay Children’s Urgent Care Center As beloved as he is for his football com- sically liberal democracies and peace, but ac- and participating in the Christmas in April pro- mentary, his friendly presence and genuine tually hostile to our efforts to promote basic gram. care for the team and fans touches the entire freedoms. Loyd Williams was characterized by his fer- Buffalo community. When Bills fans tuned in to I urge the International Court of Justice to vent advocacy on behalf of laborers and his Mr. Miller, they felt as though they were listen- uphold the integrity of it’s Statute and recog- continuous belief in the inherent goodness of ing to a good friend. As John Murphy says of CONGRESSIONAL RECORD — Extensions of Remarks E109 his colleague, ‘‘It’s like Van’s a member of to life, liberty and security of person.’’ Taiwan tribute to Mr. Brian L. Potts, a dedicated staff every fan’s family.’’ His name and voice have has the right to voice its concerns and to pro- member of the House Committee on Appro- become intertwined with the world of Buffalo tect itself from harm. A nonviolent resolution of priations, Subcommittee on Military Construc- Bills football, and it is no surprise that Mr. Mil- the Taiwan Straits issue is Taiwan’s ultimate tion. ler was inducted into the Buffalo Broadcasting goal. This peace referendum is the first step in Brian is departing the House Appropriations Hall of Fame in 1999. In fact, after his 752nd that process and the right of the Taiwanese Committee at the end of this week to begin a and final Bills broadcast, Mr. Miller’s equip- people. new position with the Senate Appropriations ment was sent to the Pro Football Hall of In the Taiwan Relations Act, we reaffirmed Committee. His departure is a loss that will be Fame in Ohio, commemorating both the field our nation’s commitment to ‘‘the preservation felt for quite some time, yet it is good to know of play-by-play broadcasting and the man who of human rights of the Taiwanese people.’’ that we have another friend working in the left an invaluable and indelible mark upon it. Now is the time to stand behind that state- Senate. We will surely miss his presence on the field ment. For President Chen Shui-bian’s work to Brian came to the Committee from the and on the air this coming season, but we create a stable, peaceful, and democratic en- Naval Audit Service as a Detailee in 1997 and know his contributions to Buffalo will continue vironment in the region, he deserves our rec- joined the Committee staff in January 1999, for years to come. ognition and support. and his contributions to the Committee are f f many. He has always been a focused and hard working individual who conducts himself TAIWAN TRIBUTE TO SHIRLEY BELL with the utmost professionalism, and his strengths and accomplishments are many. As HON. CHRIS BELL HON. BETTY McCOLLUM a Certified Public Accountant Brian has a keen OF TEXAS OF MINNESOTA ability to cut to the heart of a Department of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Defense audit report and find savings that Wednesday, February 4, 2004 have offset the costs of the Military Construc- Wednesday, February 4, 2004 Mr. BELL. Mr. Speaker, I rise today to voice tion bill. Simply put, Mr. Speaker, Brian is a my support of efforts by the Taiwanese Presi- Ms. MCCOLLUM. Mr. Speaker, I rise today wizard with spreadsheets and tables, and an dent and people to facilitate a peaceful, stable, in tribute to Shirley Bell, a dear friend of Min- invaluable support to the Subcommittee clerk. and democratic environment in East Asia. De- nesota veterans and a great mentor, leader During my tenure as the Chairman of the spite continued aggression by the People’s and activist in my community. Military Construction Appropriations Sub- Republic of China, Taiwan has maintained Shirley Bell was an active member of the committee, I have found Brian to be a quietly grace and sensibility. For this, I ask my col- United Veterans Legislative Council since its powerful and effective staff member, pos- leagues to join me in support of President inception and volunteered as its Secretary for sessing the unique ability to impart a sense of Chen Shui-bian and the Taiwanese people. many years. She was also a member of the calmness to emotionally charged situations. On March 20, 2004, the Taiwanese people Gold Star Wives, an association of survivors One of his finest characteristics is his ability to will vote on a referendum for peace, which will of brave men and women who gave their lives treat others with kindness and respect. Brian consist of two questions. One is: in battle or as a result of their service. Every- views his job as a privilege and feels fortunate Would you agree that our Government one who knew her loved and admired her. to contribute. These are rare qualities that en- should engage in negotiations with Mainland Along with Shirley Bell’s service to our vet- able him to effectively carry out his duties and China on the establishment of a ‘‘peace and erans, she was also deeply involved in the have opened the door to new opportunities for stability’’ framework for cross-strait inter- well-being and education of others as the co- him in the Senate. actions in order to build consensus and for program director of The School of Anesthesia the welfare of the people on both sides? Mr. Speaker, I want to congratulate Mr. at Northwestern Hospital of Minneapolis. She Brian Potts on his career, his time spent doing This would be the first official communica- went on to develop the Baccalaureate Com- invaluable work for the House Committee on tion between Taiwan and China since 1949, a pletion program for CRNA’s as an Associate Appropriations, Subcommittee on Military Con- historic attempt at conciliation between two Professor of Nursing Anesthesia in the School struction, and to thank him for his outstanding sparring nations. I would remind my col- of Medicine at the University of Minnesota—a service to this great legislative body. Finally, I leagues of the Taiwan Relations Act of 1979, position created especially for Shirley to en- ask for God’s Blessings as Brian embarks on in which we put forth the expectation that ‘‘the able her to use her creativity and exceptional this phase of his career with the Senate Ap- future of Taiwan will be determined by peace- mentoring skill to promote and encourage stu- propriations Committee, which is very lucky to ful means’’ and state that ‘‘any effort to deter- dents. As recognition for her accomplishments have him. mine the future of Taiwan by other than in Anesthesia Education, Shirley received the f peaceful means . . . is of grave concern to Helen Lamb Outstanding Education Award the United States.’’ As Taiwan makes a sin- from the American Association of Nurse Anes- INTRODUCTION OF THE TIMUCUAN cere effort to improve relations with Mainland thetists in 1994. ECOLOGICAL AND HISTORIC PRE- China and support a peaceful continuation of Shirley Bell’s work and selfless dedication to SERVE BOUNDARY REVISION the status quo, we must applaud and support helping others in our community was tremen- ACT OF 2004 them. dous. Her leadership, commitment and tireless The other referendum question is: efforts will be greatly missed. HON. ANDER CRENSHAW The people of Taiwan demand that the Tai- OF FLORIDA wan Strait issue be resolved through peace- f IN THE HOUSE OF REPRESENTATIVES ful means. Should Mainland China refuse to TRIBUTE TO MR. BRIAN L. POTTS withdraw the missiles it has targeted at Tai- Wednesday, February 4, 2004 wan and to openly renounce the use of force against us, would you agree that the Govern- HON. JOE KNOLLENBERG Mr. CRENSHAW. Mr. Speaker, I rise today ment should acquire more advanced anti- OF MICHIGAN to introduce legislation that provides needed missile weapons to strengthen Taiwan’s self- IN THE HOUSE OF REPRESENTATIVES protection to an historic area of Florida with defense capabilities? great national significance known as American Wednesday, February 4, 2004 This referendum is neither provocative nor a Beach. This bill will expand the current bound- move toward Taiwanese independence. It con- Mr. KNOLLENBERG. Mr. Speaker, I know aries of the Timucuan Ecological and Historic stitutes an effort to prevent Mainland China that you and my distinguished colleagues are Preserve to include approximately 12.5 acres from using force and unilaterally changing the aware that we usually appear before the of land in American Beach, Amelia Island. status quo. China has never renounced the House of Representatives to voice the con- The Timucuan Ecological and Historic Pre- use of force in the Taiwan Straits and has 496 cerns of our constituents on matters related to serve currently provides protection to an im- missiles targeting Taiwan. I urge China to the legislative process and about particular portant ecological treasure and the addition of withdraw those missiles, which upset the mili- issues associated with bills that warrant our American Beach will serve to enhance its na- tary balance in the Taiwan Straits and whose attention. Yet, while debating the issues of the tional significance. continued presence demonstrates China’s day, we often take for granted the hard work This beautiful stretch of shoreline provides a hostile approach to cross-straits relations. and dedication required to transform an idea great history and a great story. Founded in the Article 3 of the Universal Declaration of into a bill, and a bill into a law. It is with these 1930s by A.L. Lewis, American Beach pro- Human Rights states: ‘‘Everyone has the right thoughts in mind that I am here today to pay vided a sunny paradise for those Americans E110 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 who, because of segregation, were not able to Children are a gift, and any parent is twice as HONORING ED CASEY, RECIPIENT enjoy most of America’s beaches. This area of happy when two special children are brought OF THE ‘‘HEART O’GOLD AWARD’’ Florida’s northeastern shore attracted African into the world at one time. Americans from all over the country. While this I come to the floor of the House of Rep- HON. RICHARD E. NEAL nation struggled to find equality within its resentatives today to personally commend, OF MASSACHUSETTS shores, American Beach provided a relaxing, honor and thank Courtney and Chloe Smith IN THE HOUSE OF REPRESENTATIVES culturally unique vacation spot for African for taking on the responsibility of representing Wednesday, February 4, 2004 Americans along the ocean’s edge. Louisiana during such an important and mean- Mr. NEAL of Massachusetts. Mr. Speaker, it The significance of this site was recognized ingful event. It is rare that we as Members of when the beach and 120 residential homes in is with great pleasure today that I honor Ed the U.S. Congress are able to recognize peo- Casey, an outstanding American who has the area were added to the National Register ple that are so young and yet so fierce in their of Historic Places. Additionally, in 1992, the dedicated himself to cultural exploration and fight for life. Courtney and Chloe can truly at- community service, as the ‘‘Heart O’Gold Florida Legislature named American Beach test to the life-saving abilities and importance the first site on the Florida Black Heritage Award’’ is bestowed upon him by the Quaboag of the Children’s Miracle Network. This nation- Highlander Pipe Band of Monson, Massachu- Trail. wide system of hospitals deserves tremendous In his recently released budget, President setts. acknowledgement and appreciation for all the Bush provides resources for a new ‘‘Preserve Ed Casey is an icon in the Pioneer Valley assistance they bring to families such as the America’’ program through the National Park and western Massachusetts and is well known Smiths. Service. This initiative is designed to encour- throughout the community for his commitment age heritage tourism throughout the country. Again, thank you to Courtney and Chloe to bagpipes and Celtic culture. As a resident Today, this legislation answers the President’s Smith for so honorably representing the state of Springfield and Belchertown, MA, Ed has call without spending a single dime of tax- of Louisiana. played his pipes at parades, inaugurations, payer’s money. celebrations, and internments. He is loved by Last year, American Beach’s neighbor, f so many in our area. Amelia Island Plantation made arrangements Mr. Casey, who spent years as a public to donate these 12.5 acres to the National HONORING GEORGE M. MOORE JR. school teacher in Holyoke, MA, has taught the Park Service. Unfortunately, the Timucuan Ec- craft of playing the bagpipes to many others ological and Historic Preserve is not able to interested in learning to play. Yet, unlike most accept this generous gift because the acreage HON. SHELLEY MOORE CAPITO music teachers, Ed did not learn to play music rests outside the boundaries of the Preserve. OF WEST VIRGINIA through the traditional route of lessons and This legislation allows the National Park formal training. He learned to play the bag- IN THE HOUSE OF REPRESENTATIVES Service to accept this historic site by simply pipes, as he would say, ‘‘by ear’’ and ‘‘by modifying the boundaries of the Timucuan. I Wednesday, February 4, 2004 heart.’’ support this addition to the Timucuan—and Mr. Speaker, there are many families in others like it—where willing property owners Mrs. CAPITO. Mr. Speaker, I rise today to western Massachusetts who have never met and the National Park Service can work coop- honor George M. Moore, Jr., a resident of my Ed Casey, but perhaps it is their lives that eratively as stewards of our national treasures. district, for his service and commitment to have been most directly impacted by his gen- Mr. Speaker, it is especially fitting this legis- America’s veterans. Mr. Moore has served as erosity. For years, in lieu of accepting any fee lation comes to the floor of this House as we Director of the Veterans Administration Hos- for performing at internments, Ed Casey has celebrate Black History Month to honor those pital in Martinsburg since 1998. In 1999, directed families to instead make donations to individuals who worked to bring equality to all Moore became the Prosthetic and Sensory the Open Pantry, a food collection and dis- Americans. Aids Service Line Director, making him re- tribution center in Springfield that feeds the f sponsible for the management of all prosthetic hungry in western Massachusetts. In doing so, operations in Martinsburg, WV, Baltimore, thousands of dollars have been collected to THANKING COURTNEY AND CHLOE Maryland, and Washington, DC. Previously he provide food for the poor and the needy. SMITH FOR REPRESENTING LOU- has worked with the VA in Pittsburgh, Cleve- It is my pleasure to honor Ed Casey today ISIANA DURING THE CHILDREN’S land, and Jackson, MS. in the CONGRESSIONAL RECORD as someone MIRACLE NETWORK CELEBRA- Moore served our country on active duty as whose selflessness and talent should be rec- TION an Air Force fighter pilot in Vietnam. Recently, ognized and emulated by those around him. the Disabled Veterans of America recognized Congratulations Ed upon receiving this honor. HON. DAVID VITTER him as their 2003 Outstanding Disabled Vet- Your good work has not gone unnoticed. OF LOUISIANA eran of the Year. f IN THE HOUSE OF REPRESENTATIVES All of us in West Virginia and in Congress HONORING BENSON’S BATTALION Wednesday, February 4, 2004 are proud of the service George Moore has Mr. VITTER. Mr. Speaker, I rise today to given to our Nation. Both as a soldier himself, HON. MELISSA A. HART recognize 3-year-old twins, Courtney and and later as a worker for disabled veterans, OF PENNSYLVANIA Chloe Smith, of Alexandria, Louisiana. Moore has distinguished himself as a leader in IN THE HOUSE OF REPRESENTATIVES Courtney and Chloe have been selected to our Nation’s fight for freedom. Wednesday, February 4, 2004 serve as ambassadors for the millions of kids treated this year at children’s hospitals across f Ms. HART. Mr. Speaker, I would like to take the United States. this opportunity to praise a valuable organiza- Born in March 2000, Courtney and Chloe PERSONAL EXPLANATION tion based within the Fourth Congressional are the smallest twins at birth ever to survive District of Pennsylvania which has made a sig- in the U.S. For over 3 months, they fought for nificant improvement in the lives of western their lives in the Neonatal Intensive Care Unit HON. RICHARD W. POMBO Pennsylvanians. I am proud to represent the at CHRISTUS St. Francis Cabrini Hospital. OF CALIFORNIA congressional district which is the head- Due to their miraculous show of strength, they quarters for Benson’s Battalion, a charitable will serve as representatives for Foresters IN THE HOUSE OF REPRESENTATIVES organization created to fight terror and provide Champions Across America, a national Chil- Wednesday, February 4, 2004 financial support to Pennsylvania police, fire dren’s Miracle Network program. and other related public safety groups. As representatives of Louisiana, Courtney Mr. POMBO. Mr. Speaker, I would like to Kris Benson, a pitcher for the Pittsburgh Pi- and Chloe will visit Capitol Hill and the White apologize for my absence from the House rates, along with his wife Anna founded Ben- House to meet with some of our Nation’s lead- floor this past week. My father, Ralph Pombo, son’s Battalion in October 2001 following the ers. They will also travel to Walt Disney World Sr., underwent heart surgery last week and it tragic events of September 11, 2001. Since in Orlando, Florida to participate in the taping was important that I be with him and my family the creation of the organization, Kris and his of the Children’s Miracle Network celebration. in California during this trying time. As such, I wife have donated a significant amount of time As the father of twin girls, I am able to com- was unable to attend votes last week. We all and money to benefit local firefighters and po- prehend the magnitude of such a situation. pray for his swift and full recovery. lice agencies. Benson’s Battalion has provided CONGRESSIONAL RECORD — Extensions of Remarks E111 local police stations with over $3,000 in funds 80,000 reservists and members of the Na- Protecting Religious Expression in the Public matched by the government for new equip- tional Guard. As the Congressional Represent- Square) and three more will be completed by ment and over $5,000 in grants for local fire- ative for the Niagara Falls Air Reserve Station, 2005. He has served as the Chairman of the fighters to assist in the purchase of new I recognize the enormous disruption of deploy- Department of Political Science and Philos- equipment as well. This is truly an organiza- ment on their families. ophy at Weber State University since 2002 tion that makes the lives of Western Penn- When soldiers are deployed, many arrange- and has taught courses including Constitu- sylvanians better every day. ments must be made. Many men and women tional Law, The Modern Presidency, and Con- I ask my colleagues in the House of Rep- are leaving a job, a family, or even children stitutional Rights and Liberties. Earlier this resentatives to join me in honoring this fine or- behind. year, Dr. Guliuzza was presented with Weber ganization and the volunteers who support it. We have long recognized the need to mini- State University’s most prestigious faculty It is an honor to represent the Fourth Con- mize the hardships to these men and women, honor: the John S. Hinckley Fellow award for gressional District of Pennsylvania and a as demonstrated in the comprehensive excellence in teaching, service, and scholar- pleasure to recognize Benson’s Battalion for Servicemember’s Civil Relief Act. Originally ship. its efforts to improve the safety of western enacted in 1940, this law provides relief to Dr. Guliuzza is an asset to his university Pennsylvanians. military personnel from many of the economic and community. He founded the Weber State f and legal burdens they have incurred because university mock trial team in 1996 and, under of their deployments. This law never antici- his direction, Weber State has earned several SUPPORTING VIRGINIA’S WHITE pated lengthy deployments by mothers and fa- top-ten finishes at national tournaments. Dr. COAT DAY thers who may not have any choice but to Guliuzza ran for the United States Senate in send their children to live with another parent, 2000 and has served as a Chair of the Weber HON. ERIC CANTOR sister, or grandfather one or two towns away. County Republican Party and Vice Chair of OF VIRGINIA I learned firsthand how deployments can the Utah Republican Party. A licensed minister, Dr. Guliuzza has served in ecclesiastical IN THE HOUSE OF REPRESENTATIVES cause significant upheaval in a child’s life when the brother of a deployed soldier re- positions at Calvary Baptist Church in Ogden, Wednesday, February 4, 2004 cently contacted my office. He explained that First Baptist Church in Brigham City, and Mr. CANTOR. Mr. Speaker, I rise today in his niece had moved to live with her mother Mountain View Baptist Church in Layton. He support of Virginia’s White Coat Day. As many while her father was away fighting in Iraq. As has served his fellow men at the most basic as 1,500 physicians from all over the State a result, she was prevented from attending her and important level. Dr. Guliuzza and his wife marched on the Virginia Capitol today to make normal high school because she no longer re- of 21 years, the former Kathy Spaulding, are the case for common-sense medical liability sided within the school district. the foster parents of two children, Matthew reform in the state legislature. According to the Department of Defense, Williamson and Timothy Stoddard. Led by the Medical Society of Virginia, to- there are currently 1.2 million children with Despite all of these awards, accomplish- day’s White Coat Day march on Richmond is military parents in the United States. This ments and interests, Frank’s true passion lies designed to educate State lawmakers on how number is only slightly less than the total num- with teaching. As a former high school history teacher, I understand this purpose. And he is doctors’ skyrocketing malpractice insurance is ber of adults currently serving in the Armed an excellent teacher, in the truest sense of the limiting patients’ access to medical care. Out- Forces. word. As Dr. Guliuzza said, ‘‘One need not be rageous runaway jury awards are causing I am proud to introduce, along with my col- prominent to be a great woman or man.’’ malpractice premiums to rise uncontrollably, league Representative BROWN-WAITE, the Frank is a great teacher, one who guides his and many doctors are being forced to shut Safeguarding Schoolchildren of Deployed Sol- students, who enlightens, shapes and chal- their doors. diers Act. This bipartisan legislation would en- lenges them. He is also a great American, and The doctors’ offices across the Common- sure some measure of continuity for children I am pleased to recognize him on this occa- wealth that are closed today for the march are who change residence as a result of their par- sion. symbolic of what out-of-control insurance pre- ent’s military service by allowing them to con- miums are doing to our medical system. Doc- tinue to receive an education at their schools, f tors being forced to close their doors because even if they are temporarily residing outside TRIBUTE TO THE LIFE OF ROSE they can no longer afford insurance directly af- the school district. KENNEDY fects rural, low-income and senior health care As our men and women in uniform continue in my district and State. to be deployed in support of military oper- HON. MARCY KAPTUR Mr. Speaker, the pattern of doctors nation- ations around the world, it is vital that we do OF OHIO wide protesting high medical insurance pre- our best to minimize the disturbance to their IN THE HOUSE OF REPRESENTATIVES miums is a clear sign that the entire system is lives and that of their families. Wednesday, February 4, 2004 broken. Not only should the Virginia Legisla- I urge my colleagues to join me in sup- ture address this issue, but we as a Congress porting the Safeguarding Schoolchildren of Ms. KAPTUR. Mr. Speaker, the holiday sea- need to do the same. We need to take Presi- Deployed Soldiers Act. We owe this protection son 2003 marks the passing of a loved and dent Bush’s lead in ending the jackpot payouts to the education of our children and to the beloved member of our community of Toledo, that our legal system encourages. While the peace of mind of our soldiers. Ohio. Rose Kennedy, a mother for our com- House has passed legislation to reform the f munity and a pioneering activist of her North medical liability system, it is now time to enact Toledo neighborhood, passed from this life on common sense reforms into law. TRIBUTE TO DR. FRANK GULIUZZA December 26, 2003 at age 76. Mr. Speaker, I applaud the doctors in Vir- III I came to know Rose and her husband Bob ginia for taking a stand today. I know they do nearly three decades ago as she vigorously it for their patients. HON. ROB BISHOP pursued improvements in her neighborhood, f OF UTAH Toledo’s oldest. Small in stature, unassuming IN THE HOUSE OF REPRESENTATIVES by nature, she worked on larger-than-life SAFEGUARDING SCHOOLCHILDREN projects side-by-side with community leaders OF DEPLOYED SOLDIERS ACT Wednesday, February 4, 2004 on the revitalization of the heart of our city, Mr. BISHOP of Utah. Mr. Speaker, it is my starting in North Toledo with beautification ini- HON. LOUISE McINTOSH SLAUGHTER pleasure to congratulate Dr. Frank Guliuzza tiatives. Most notably, North Toledo’s signa- OF NEW YORK III, a resident of Ogden, Utah, and a professor ture effort, the Buckeye Basin Greenbelt Park- IN THE HOUSE OF REPRESENTATIVES of political science at Weber State University, way, has Rose’s imprimatur. Without Rose on his reception of the CASE (Council for Ad- Kennedy’s personal tireless efforts, this major Wednesday, February 4, 2004 vancement and Support of Education) Award parkway construction which diverted traffic Ms. SLAUGHTER. Mr. Speaker, I rise today for Teacher of the Year. I am pleased that the from North Toledo streets and upgraded the to announce the introduction of the Safe- CASE organization recognized the caliber of entire region with a linear greenbelt in the guarding Schoolchildren of Deployed Soldiers Dr. Guliuzza as a professor and as a citizen. heart of our city would not have been realized. Act of 2004. Dr. Guliuzza has an impressive record: he She pursued this goal for nearly a quarter Today there are 129,000 United States has published two books (American Govern- century, and proudly stood by as the dream troops serving in Iraq alone, including nearly ment, American Ideals and Over the Wall: was finally brought to fruition and ribbons cut. E112 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 In addition to her community activism, Rose sistance home ownership program, rental sub- Nancy; and all of his grandchildren and great- Kennedy, together with her husband Robert, sidy programs, housing rehabilitation and re- grandchildren. brought a sense of family to eighteen children: placement services for member tribes. f four adopted and fourteen fostered. She ex- In addition to these services, the NCIHA has plained, ‘‘These kids needed love and that worked to develop a Community Housing De- RECOGNIZING THE PUBLIC was about all we had to give them.’’ velopment Organization to access state fund- SERVICE OF SAM MAMULA The oldest of six children, Rosalie Kennedy ing and increase housing opportunities for Na- spent her entire life in her North Toledo neigh- tive Americans. The NCIHA is sharing valu- HON. MARK UDALL borhood. After marriage, she and her husband able resources and providing technical support OF COLORADO were involved in veterans’ organizations-head- with the newly formed United Native Housing IN THE HOUSE OF REPRESENTATIVES ing up the Toledo chapter of the DAV in the Development Corporation to help assure its Wednesday, February 4, 2004 1950’s—in addition to neighborhood groups. success. She worked with the Northriver Development Mr. Speaker, the accomplishments of the Mr. UDALL of Colorado. Mr. Speaker, I rise Corporation and the Economic Opportunity NCIHA are recognized by many, most notably today to recognize Mr. Sam Mamula of and Planning Association. Civic-minded as by the Office of Native American Programs, Breckenridge, Colorado for his exemplary pub- well, Rose served for many years as her pre- who awarded the NCIHA a Certificate of Ex- lic service. cinct’s Democratic committeewoman. Round- cellence in 2000 and declared the organization Mr. Mamula has proven his dedication to ing out her community and civic responsibil- one of the best of its kind. With the support of Breckenridge. He has held a variety of local ities, she also served her faith as Secretary to both the federal government and private foun- government positions during his residency, inher church, Salem Lutheran Church. dations, the NCIHA is committed to the estab- cluding 8 years on the town planning commis- In spite of her family and community de- lishment of healthy communities for the Native sion and 8 years on the town council before mands, Rose found time to enjoy her hobbies Americans it serves. In addition to constructing becoming Breckenridge’s mayor. of crochet and crossword puzzles and reading. and managing sufficient housing, NCIHA The citizens of Breckenridge have benefited She was an ordinary woman who accom- builds infrastructure including roads, water and greatly from Mr. Mamula’s dedicated leader- plished extraordinary feats. To her husband, sanitation facilities, and electric services. ship. Specifically, Mr. Mamula has taken lead- children, grandchildren and Mr. Speaker, for its commitment to serving ership roles in Breckenridge’s use of biodiesel greatgrandchildren, we extend our heartfelt the Native American population of Northern in its diesel municipal vehicles which is reduc- sympathy. Rose Kennedy lived life large, and California, it is appropriate that we honor the ing pollution in Colorado. Mr. Mamula has also been a tireless advo- her actions left a lasting legacy. We will miss employees and board of the Northern Circle cate for affordable housing in Summit County her earnest resolve, her unrelenting dedica- Indian Housing Authority as they recognize and was recognized nationally when tion, and the loving gift she gave of herself. their 25th anniversary. Breckenridge won an Environmental Protec- f f tion Agency (EPA) National Award for Smart PERSONAL EXPLANATION IN MEMORY OF JUDGE ELMO B. Growth Achievement in the built projects cat- HUNTER egory for the Wellington Neighborhood afford- HON. ANNA G. ESHOO able housing project. This project included a cooperative partnership among the town of OF CALIFORNIA HON. IKE SKELTON Breckenridge, Summit County, the Environ- IN THE HOUSE OF REPRESENTATIVES OF MISSOURI mental Protection Agency, Colorado Depart- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 4, 2004 ment of Public Health and Environment and a Wednesday, February 4, 2004 Ms. ESHOO. Mr. Speaker, because my private developer. flight, United Airlines #950 was cancelled due Mr. SKELTON. Mr. Speaker, it is with deep The dedication, enthusiasm and activism to mechanical problems, I was absent from sadness that I inform the House of the death with which Mr. Mamula has pursued his work votes on February 3rd. Had I been present, I of the Honorable Elmo B. Hunter of Kansas deserves our most sincere thanks. Thus, I ask would have voted ‘‘Yea’’ on rollcall vote Nos. City, MO. my colleagues to join me in thanking Mr. Sam 12, 13 and 14. Judge Hunter earned his law degree from Mamula for his service and many contributions f the University of Missouri in 1938. He went on to his community. He is much appreciated to post-graduate work at the University of For the benefit of our colleagues, I am at- HONORING THE NORTHERN CIRCLE Michigan. Judge Hunter served his country in taching a copy of a recent story about Mr. INDIAN HOUSING AUTHORITY World War II with the United States Army, Mamula that appeared in the Summit Daily working in military intelligence. When he came News. HON. MIKE THOMPSON home he joined the law firm of Sabree, Shook, [From the Summit Daily News, Jan. 28, 2004] OF CALIFORNIA Hardy & Hunter in Kansas City. MAMULA TO END A POLITICAL ERA IN THE HOUSE OF REPRESENTATIVES Judge Hunter served on the bench as a We have to admit it. We are big Sam state circuit judge from 1951 to 1957 and Mamula fans. Nobody is sorrier than we are Wednesday, February 4, 2004 moved on to serve as a state appeals judge that the Breckenridge mayor is stepping Mr. THOMPSON of California. Mr. Speaker, in that year. He remained in this post until down after one term as hizzoner. I rise today to recognize the Northern Circle 1965, when President Lyndon Johnson ap- Mamula is a quote machine without peer, except for County Commissioner Tom Long. Indian Housing Authority (NCIHA) as it cele- pointed him to the federal bench. In this business, we like that. brates its 25th Anniversary. In recognition for his service, Judge Hunter The thing about Mamula is that he always The NCIHA is the Tribally Designated Hous- was awarded the Edward J. Devitt Distin- makes a point. We like that even better. ing Entity (TDHE) for eight federally recog- guished Service to Justice Award in 1987. He Usually, his point is about the quality of nized Indian Tribes in Northern California. was also the recipient of the American Judica- life in the greater Breckenridge area. With Originally created in 1980, the NCIHA is a val- ture Society’s Distinguished Service Award Mamula at the top spot in town, locals knew uable asset to Butte, Colusa, Lake, Mendocino and served as the society’s chairman and they had somebody battling for the soul of and Sonoma Counties, providing safe and president. In 1991, the American Judicature the Summit. We say that with due apologies to The sanitary housing for low and moderate-income Society saw fit to found the Elmo B. Hunter Summit Foundation, which considers itself Native American families. The NCIHA is gov- Citizens Center for Judicial Selection. The the ‘‘Soul of the Summit,’’ and with good erned by a twenty member Board of Commis- center researches nonpartisan, merit-based ju- reason. sioners and staffed by 17 dedicated employ- dicial selections, sponsors national forums, But the battle for soul—quality of life—is ees. monitors state judicial reform projects and really fought in the trenches of planning Over its 25-year history, the NCIHA has educates international visitors on the U.S. judi- commissions and town councils where hun- built 324 housing units in nine locations, dicial selection process. dreds of small decisions add up to something ugly if somebody isn’t on guard. recting $60 million in construction planning Mr. Speaker, Elmo Hunter was a valuable Ironically, one of Mamula’s biggest and development programs. The organization member of the judiciary and a credit to his achievements on behalf of the town and tax- manages an additional 232 housing units lo- profession. I know the Members of the House payers will occur after he’s left office—the cated in seven reservation communities. The will join me in extending heartfelt condolences huge open space purchase of the B&B Mines NCIHA also administers a down payment as- to his family: his wife, Shirley; his daughter property in the Golden Horseshoe. CONGRESSIONAL RECORD — Extensions of Remarks E113 The deal is scheduled to close in June. imagine the many changes she has wit- and all the residents of Stearns County, Min- Mamula spent eight years on the town nessed. She is a living time capsule, a treas- nesota, on Stearns County’s recognition as planning commission and eight years on the ure to us. By sharing her memories and expe- Minnesota’s Outstanding Soil and Water Con- town council before ascending to mayor. It was a good run. riences with us, we can learn more about our- servation District of the Year. ‘‘It was a tough decision. I stalled to the selves and our Nation. Mint gives us strength Stearns County Soil and Water Conserva- last minute,’’ said the reluctant retiree who in knowing where we came from and hope of tion District has been very active in protecting needs to spend more time with his conva- who we can become. natural resources for all to enjoy. The District lescing wife. Her full, rich life began in Cotulla, Texas in has been successful in developing programs ‘‘I really like being mayor. I liked being on 1895. She was one of eleven children: five to assist landowners with such conservation the town council and I liked being on the sisters and five brothers. The stories she tells practices as soil erosion prevention, animal planning commission. It really has been a waste storage, wildlife habitat preservation, labor of love for me rather than a carrying of her youth allow us to vicariously experience out of duties,’’ he added. life in the foreign land of South Texas as it and lakeshed management. Mamula called it ‘‘fulfilling’’ to work with was during the early part of the 20th century. This award is based on a number of factors a ‘‘great town council and staff.’’ For instance, Mint is often heard recounting including program participation, training for ‘‘With a town manager like Tim Gagen, how she used to ride atop a horse as it swam staff and supervisors, and increased involve- being mayor is ’relatively simple, frankly,’’ across the Nueces River. Or, how she used to ment in Minnesota’s Association of Soil and Mamula said. travel by wagon to Kerrville, Texas, a journey Water Conservation Districts work to better Mamula vows to stay involved in the town manage our precious natural resources. but promised not to become a ‘‘town council that lasted two to three days. Today, this trip would take roughly three hours by car to com- Mr. Speaker, on behalf of all Minnesotans I observer.’’ would like to congratulate Stearns County Soil ‘‘There has got to be something I can cut plete. out of this whole thing that someone is Mint moved to San Antonio in 1915 where and Water Conservation District on receiving going to let me do,’’ he added. she began work as a switchboard operator for this recognition and thank them for their com- We hope so, too. the Missouri Pacific Railroad. She worked with mitment to conservation. f Missouri Pacific until her retirement. During f RECOGNIZING THE 93D BIRTHDAY her career, Arminta developed lasting friend- HONORING OBIE SNIDER OF RONALD REAGAN ships with workers all over the switchboard system. HON. BILL SHUSTER SPEECH OF One of the most enduring relationships she OF PENNSYLVANIA developed was with a young man who worked IN THE HOUSE OF REPRESENTATIVES HON. JOHN LINDER for the Southern Pacific Railroad—his name OF GEORGIA was Arthur Frederick Ulrich. Arthur grew to Wednesday, February 4, 2004 IN THE HOUSE OF REPRESENTATIVES love Mint, but she was already engaged. How- Mr. SHUSTER. Mr. Speaker, I rise today to Tuesday, February 3, 2004 ever, like most young men suffering the pangs honor Obie Snider, an extraordinary man who Mr. LINDER. Mr. Speaker, on Friday we cel- of love, Arthur was not dissuaded. He called passed away on the night of December 18, ebrate the 93d birthday of Ronald Reagan and her everyday and told her, ‘‘I’ll get you yet’’. 2003. After enlightening the lives of those I rise again to recognize his efforts to renew This persistence, coupled with her interest in around him for seventy-seven years, the the American spirit and to spread freedom his striking good looks and unquenchable memories of his generosity and genuine care around the world. Ronald Reagan once stated high-spiritedness, made Arthur’s prediction for others have served to comfort those who that, ‘‘The leadership of the free world was come true. knew him best, as well as the community thrust upon us two centuries ago in that little Mr. and Mrs. Ulrich were married on April which benefitted tremendously from his nu- hall of Philadelphia. In the days following 11, 1929 and did not have any children. Sadly, merous contributions. As a pillar of strength within his community World War II, when the economic strength and Arthur passed away in 1983, just six days be- of Bedford County, Pennsylvania, Mr. Snider power of America was all that stood between fore what would have been their 54th wedding was a role model and leader who was ad- the world and the return to the dark ages, anniversary. Their relationship was strong and mired for his loyalty to God, his family, and his Pope Pius XII said, ‘The American people serves as an example of the joy that a mar- comrades. With the help of his vision and have a great genius for splendid and unselfish riage can be if it is full of true friendship and guidance the East Freedom Chapel was actions. Into the hands of America God has love. founded, and it was under that roof that he be- placed the destinies of an afflicted mankind.’’’ Mint has attributed her longevity to the use came director of Young Life in the 1950s. Mr. Reagan further stated that, ‘‘We are indeed, of ‘‘One-A-Day’’ vitamins and her lasting good Snider remained a devoted Christian through- and we are today, the last best hope of man looks to daily use of ‘‘Oil of Olay’’. I am sus- out his life, and that piety translated into his on earth.’’ As we face many challenges today, picious, though, that her secret to long life and every action. In addition to being a Sunday the words of our 40th President still ring true. happiness also involves her sense of humor, school teacher, he was the chairman of Truth As we mark his birthday, we should remember positive attitude, and commitment to friends and Praise, a publisher of hymnals, and the his dream of creating a better, safer world and and family. chairman of the Christian Workers Fellowship reaffirm that this Nation must continue to show I am proud to count myself among those Fund of Kansas, among other things. the courage and persistence to turn that who have had the opportunity to know and learn from Mint. Her joy of living and her hu- After graduating from Replogle High School dream into a reality and provide hope for all in 1943, Mr. Snider’s experiences in college those who do not have freedom. manity have helped her to become an enduring spirit that continues to spread joy to those prepared him for the enriched life he would f who know her. I wish her many blessings and lead. Two years after marrying Mary Ann Gil- HAPPY 109TH BIRTHDAY, ARMINTA the very best for her 109th birthday. bert on June 1, 1948, he graduated from Penn State University. Grounded by a strong mar- LESTARJETTE ULRICH f riage and a solid education, Mr. Snider estab- HON. CHARLES A. GONZALEZ CONGRATULATING STEARNS lished Singing Brook Farms and eventually be- COUNTY SOIL AND WATER CON- came a trustee of his alma mater, a position OF TEXAS SERVATION DISTRICT AS MIN- that lasted 21 years. His appointment to Trust- IN THE HOUSE OF REPRESENTATIVES NESOTA’S OUTSTANDING SOIL ee Chairman in 1985 marked the first time that Wednesday, February 4, 2004 AND WATER CONSERVATION DIS- an agriculturalist filled the role, and in the Mr. GONZALEZ. Mr. Speaker, I rise today in TRICT OF THE YEAR years following he was named a distinguished recognition of a very special woman, Arminta alumnus and received the status of trustee Lestarjette Ulrich, known simply by the name HON. MARK R. KENNEDY emeritus in July of 2000. Mr. Snider dedicated ‘‘Mint’’ to her friends. Mint will be celebrating OF MINNESOTA a large portion of his time to the improvement her 109th birthday on February 21. I would IN THE HOUSE OF REPRESENTATIVES of the university and succeeded in admin- like to take this opportunity to acknowledge istering numerous changes throughout the this important milestone in her long and fruitful Wednesday, February 4, 2004 system. Without Obie Snider’s influence and life. Mr. KENNEDY of Minnesota. Mr. Speaker, I vision, Penn State University would not be the Mint has had the gift of living through three rise today to congratulate Administrator Den- renowned institution of higher learning that it is centuries in this great Nation—one can only nis Fuchs, the staff and board of supervisors, today. E114 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 Mr. Snider’s commitment to agriculture and [From the New York Times] This is the context in which Libyan offi- education has proved to affect and benefit not A LESSON IN DIPLOMACY cials approached the United States and Brit- only the state of Pennsylvania, but the entire MORE THAN THREATS LED TO QADDAFI’S ain last spring to discuss dismantling REVERSAL Libya’s, weapons program. The Iraq war, nation. The numerous organizations and which had not yet started, was not the driv- (By Flynt Leverett) boards that he selflessly served were all posi- ing force behind Libya’s move. Rather, Libya tively changed by his presence, and they will WASHINGTON.—As President George W. was willing to deal because of credible diplo- undoubtedly miss his spirit and direction. Obie Bush made clear in his State of the Union matic representations by the United States Snider has left behind a legacy of dignity and address, he sees the striking developments in over the years, which convinced the Libyans relations with Libya as the fruit of his strat- that doing so was critical to achieving their merit that will not be forgotten. egy in the war on terrorism. strategic and domestic goals. The idea is that Colonel Muammar el- f Qaddafi’s apparent decision to renounce Just as with Lockerbie, an explicit quid weapons of mass destruction was largely a pro quo was offered: American officials indi- FORMER BUSH INSIDERS NOW result of the overthrow of Saddam Hussein, cated that a verifiable dismantling of FREE TO TELL THE TRUTH which thus retroactively justifies the war in Libya’s weapons projects would lead to the Iraq and holds out the prospect of similar removal of American sanctions, perhaps by progress with other states that support ter- the end of this year. HON. BARNEY FRANK rorists, seek weapons of mass destruction The lesson is incontrovertible: To persuade OF MASSACHUSETTS and brutalize their own people. a rogue regime to get out of the terrorism However, by linking shifts in Libya’s be- IN THE HOUSE OF REPRESENTATIVES business and give up its weapons of mass de- havior to the Iraq war, the president mis- struction, the United States must not only Wednesday, February 4, 2004 represents the real lesson of the Libyan case. apply pressure but also make clear the po- This confusion undermines America’s tential benefits of cooperation. Mr. FRANK of Massachusetts. Mr. Speaker, chances of getting countries like Iran and Unfortunately, the Bush administration there has been a very interesting phenomenon Syria to follow Libya’s lead. has refused to take this approach with other in recent months that demands attention. A The roots of the recent progress with Libya go back not to the eve of the Iraq war, but rogue regimes, notably Iran and Syria. Until steady stream of former high-ranking Bush ad- the president is willing to employ carrots as ministration officials have conscientiously to the Bush administration’s first year in office. Indeed, some credit should even be well as sticks, he will make little headway in pointed out the inaccuracy of many of the given to the second Clinton administration. changing Iranian or Syrian behavior. claims the administration has made and con- Tired of international isolation and eco- The President’s lack of initiative on this tinues to make about its policies. nomic sanctions, the Libyans decided in the point is especially disappointing because, in In December, last year, I inserted into these late 1990’s to seek normalized relations with the diplomatic aftermath of the Sept. 11 at- pages a very interesting article by Richard the United States, and held secret discus- tacks, the administration had a singular op- Haass, former chief of the policy planning staff sions with Clinton administration officials portunity to effect strategic realignments by to convey that message. The Clinton White both Iran and Syria. of the State Department, who confirmed what House made clear that no movement toward many of us have long argued—namely, that Well-placed Iranians, including more prag- better relations was possible until Libya met matic elements of Iran’s conservative camp, the war in Iraq was a war of choice and not its responsibilities stemming from the down- have indicated through diplomatic channels of necessity. That is, Mr. Haass made it clear ing of Pan Am Flight 103 over Lockerbie, and to former officials (including myself) that the decision to go to war with Iraq was Scotland, in 1988. their interest in a ‘‘grand bargain’’ with the not driven by a fear that Iraq was any serious These discussions, along with mediation by United States. Basically, Tehran would trade threat to the United States of a physical sort, the Saudi ambassador to the United States, off its ties to terrorist groups and pursuit of Prince Bandar ibn Sultan, produced a break- nuclear weapons for security guarantees, a but rather was part of an administration policy through: Libya turned over two intelligence about how the world ought to be structured. lifting of sanctions and normalized relations officers implicated in the Pan Am 103 attack with Washington. Most dramatically, former Treasury Sec- to the Netherlands for trial by a Scottish retary Paul O’Neill has been widely quoted as court, and in 1999 Washington acquiesced to Likewise, senior Syrian officials—includ- the suspension of UN sanctions against ing President Bashar Assad himself, in a con- a result of the book by Ron Suskind not only versation in Damascus last week—have told essentially agreeing with Mr. Haass about the Libya. Then, in the spring of 2001, when I was a me that they want a better strategic under- genesis of the Iraq war, but making clear the member of the State Department’s policy standing with the United States. To achieve great gap that exists between the reality of planning staff, the Bush administration this, however, Washington needs to be will- Bush administration economic policies and the picked up on those discussions and induced ing to spell out what Syria would get in re- rhetoric they have used to describe them. the Libyans to meet their remaining turn for giving up its ties to terrorists and Recently, a third high-ranking Bush official Lockerbie obligations. its chemical weapons and ballistic missiles. With our British colleagues, we presented As Assad told me, Syria is ‘‘a state, not a has rebutted the administration’s claims, and charity’’—if it gives up something, it must buttressed this with reference to actual events the Libyans with a ‘‘script’’ indicating what they needed to do and say to satisfy our re- know what it will gain in return. in which he participated as a member of the quirements on compensating the families of One reason the Bush administration was administration. Pan Am 103 victims and accepting responsi- able to take a more constructive course with Flynt Leverett was a high-ranking official at bility for the actions of the Libyan intel- Libya was that the White House, the National Security Council from 2002 until ligence officers implicated in the case. uncharacteristically, sidelined the adminis- 2003, serving as Senior Director for Middle We also put an explicit quid pro quo on the tration’s neoconservative wing—which Eastern Affairs. In a recent article published in table: If Libya met the conditions we laid strongly opposes any offer of carrots to state out, the United States and Britain would the New York Times, he refutes the adminis- sponsors of terrorism, even when carrots allow UN sanctions to be lifted permanently. could help end such problematic behavior— tration’s argument that the decision by Libya This script became the basis for three-party when crucial decisions were made. to renounce nuclear weapons was a direct re- negotiations to resolve the Lockerbie issue. The initial approach on the Lockerbie case By early 2003, after a Scottish appeals sult of the administration’s war in Iraq. His ar- was approved by an informal coalition made court upheld the conviction of one of the gument is a compelling one, combining very up of Condoleezza Rice, the national security Libyan intelligence officers, it was evident thoughtful analysis with a good history of the adviser, and Secretary of State Colin Powell. that our approach would bear fruit. Indeed, events that led up to this. It is impossible to Likewise, in the lead up to the negotiations Washington allowed the UN sanctions do justice to this thoughtful essay by com- involving Libyan weapons of mass destruc- against Libya to be removed last summer tion, the neoconservatives at the Pentagon pressing it, so I ask that it be inserted here so after Libya reached a compensation agree- and in the shop of Under Secretary of State that Members and others may read it and ment with the Pan Am 103 families and ac- John Bolton were left out of the loop. draw their own conclusions. cepted responsibility for its officials’ ac- But I do believe that the conclusion of Mr. tions. Perhaps a coalition among members of the But during these two years of talks, Amer- State Department’s bureau of Near Eastern Leverett’s article—remember he was a high- affairs and the National Security Council’s ranking National Security Council official ap- ican negotiators consistently told the Liby- ans that resolving the Lockerbie situation more pragmatic elements can chart a similar pointed by the Bush administration—is worth would lead to no more than elimination of course involving Iran and Syria. underlining: UN sanctions. To get out from under the sep- However, until the Bush administration Until the Bush administration learns the arate U.S. sanctions, Libya would have to learns the real lessons of the Libyan prece- real lessons of the Libyan precedent, policy address other concerns, particularly regard- dent, policy toward other rogue regimes is toward other rogue regimes is likely to re- ing its programs in weapons of mass destruc- likely to remain stuck in the mud of ide- main stuck in the mud of ideology. tion. ology. CONGRESSIONAL RECORD — Extensions of Remarks E115 HONORING COLORADO NONPROFIT leaders understand the political complexities PERSONAL EXPLANATION WEEK affecting our constituents and our jobs as their representatives. Now, thanks to the Uni-Cap- HON. LUIS V. GUTIERREZ itol Washington Internship Program, some of HON. MARK UDALL OF ILLINOIS Australia’s best and brightest university stu- OF COLORADO IN THE HOUSE OF REPRESENTATIVES dents have had the opportunity to participate IN THE HOUSE OF REPRESENTATIVES in six-week, full-time internships in House and Wednesday, February 4, 2004 Wednesday, February 4, 2004 Senate offices. These internships have proved Mr. GUTIERREZ. Mr. Speaker, I was un- Mr. UDALL of Colorado. Mr. Speaker, I rise to be an invaluable learning experience, both avoidably absent from this Chamber, on Janu- today to inform our colleagues that the week for the students and for their hosts. ary 21, 2004. I would like the record to show of March 1 to March 5, 2004 will be Colorado The program is the brainchild and pro bono that, had I been present, I would have voted Nonprofit Week and to express my gratitude non-partisan effort of former long-time House ‘‘yea’’ on rollcall vote No. 4. for nonprofit organizations in Colorado. and Senate staffer Eric K. Federing, who I was also unavoidably absent from this Mr. Speaker, we in Congress have dedi- began lecturing at Australian universities in the Chamber on January 28, 2004. I would like cated our energy to help solve the problems early 1990s while working for our former col- the record to show that, had I been present, which persist in America. However, in a coun- league Norman Y. Mineta of California. Mr. I would have voted ‘‘yea’’ on rollcall Nos. 8, 9 try as large and diverse as ours, there are Federing wanted to bridge what Australians and 11. I would also like the record to show call ‘‘The Tyranny of Distance,’’ which can pre- many problems that cannot be addressed by that I would have voted ‘‘no’’ on rollcall 10. vent Americans and Australians from knowing government alone. Nonprofit organizations f throughout the nation play powerful roles in each other as well as our mutual interests and traditions suggest we should. sustaining our communities and providing re- CONGRATULATIONS TO DR. PAUL Five universities now participate and a SWANSON sources to help solve a myriad of problems. In dozen Australian students travel to Wash- Colorado alone, there are over five-thousand ington, DC annually as part of the program. charitable nonprofit organizations that devote An important reason for the exchange’s suc- HON. PETER J. VISCLOSKY tireless effort year after year to improve the cess is the careful matching of students and OF INDIANA quality of life in our communities. In apprecia- their interests with our work and constitu- IN THE HOUSE OF REPRESENTATIVES tion, the State of Colorado honors these orga- encies. This year, Laura Crommelin, a law stu- Wednesday, February 4, 2004 nizations and the causes they champion by dent from the University of Melbourne, joined Mr. VISCLOSKY. Mr. Speaker, it is with declaring the week of March 1st to March 5th my staff for most of January and February. great pride and enthusiasm that I rise to rec- to be Colorado Nonprofit Week. She is professionally poised, and sophisticated In Colorado, there are hardly any social in her understanding of our mission as a ognize and congratulate Dr. Paul Swanson. problems that do not have a group of dedi- chamber and my work for the 8th District of This dedicated and giving man will be honored cated individuals trying to solve them. Indeed, New York. Meeting Laura has given my staff tonight with the Ambassador for Peace Lead- there are nonprofits addressing such diverse and me an insight into Australian politics and ership in Reconciliation and Peace-Making challenges as promoting arts and humanities, society, as well as a fresh perspective on the Award. A resident of Northwest Indiana, Dr. protecting animals, sheltering the homeless, work we are doing here in Congress. Swanson has devoted his life to the preserva- providing job training and saving open space, Mr. Speaker, I believe my experience has tion of peace in his community and throughout to identify just a few. Colorado’s nonprofits not been unique. The students and other con- the world. His work will be honored this have succeeded in raising awareness for their gressional hosts in 2004 should be congratu- evening at the Ambassadors for Peace causes in recent years. As a result, the num- lated for their participation in this exchange: Awards Banquet. ber of nonprofits organizations in Colorado Richard Abraham, of Macquarie University, in Throughout his career, Dr. Swanson has and the magnitude of services they provide the office of Senator CHRISTOPHER DODD of united his fellow citizens by demonstrating the have more than doubled in the last decade. Connecticut; Kirstin Ferguson, of the Univer- importance of compassion and understanding These organizations give hundreds of mil- sity of Wollongong, in the office of Represent- toward those of different beliefs. As a mentor lions of dollars and countless hours of volun- ative ALCEE HASTINGS of Florida; Netta to many pastors in the Midwest, Dr. Swanson teer time to address their respective issues, Goussac, of the University of Western Aus- has broken new ground in the areas of ecu- yet are rarely given the credit they deserve. tralia, in the office of Representative LORETTA menical and interdenominational dialog. By recognizing the contributions of the non- SANCHEZ of California; Elli Jacovides, of the Mr. Speaker, Dr. Paul Swanson is currently profit sector during Colorado Nonprofit Week, University of Melbourne, in the office of Rep- a Professor Emeritus of Family Counseling for we acknowledge the exemplary public service resentative JIM CLYBURN of South Carolina; the Lutheran School of Theology at the Uni- and positive direction they provide for our Leng Lee, of the University of Melbourne, in versity of Chicago. Although he has spent his communities. the office of the Joint Economic Committee, career helping others, Dr. Swanson’s family Mr. Speaker, I ask my colleagues to join minority staff; Ian Repper, of the University of has always been his first priority. His wife with me in recognizing Colorado Nonprofit Western Australia, in the offices of Represent- Cordie, and their two children provide the in- Week and in thanking nonprofit organizations ative BOB NEY of Ohio and the House Admin- spiration for Dr. Swanson in his commitment for all of the good and important work they do istration Committee, majority staff; Heather to improve the community around him. in Colorado. Rietdyk, of the University of Canberra, in the Mr. Speaker, at this time I ask that you and f office of Representative SAM FARR of Cali- my other distinguished colleagues join me in fornia; Louise Squire, of the University of congratulating Dr. Paul Swanson for his out- AUSTRALIAN UNIVERSITY STU- Western Australia, in the office of the House standing service to the residents of Northwest DENTS AS AMBASSADORS TO Transportation and Infrastructure Committee, Indiana. His efforts to improve his community AND FROM CONGRESS minority staff; Lisa Sharland, of Macquarie should be commended, and I am proud to rep- University, in the office of Senator CHUCK resent him in Congress. HON. JERROLD NADLER HAGEL of Nebraska; Ken Shaw, of the Univer- f OF NEW YORK sity of Melbourne, in the office of the House REMEMBERING PRIVATE FIRST IN THE HOUSE OF REPRESENTATIVES Small Business Committee, majority staff; and Jane Stewart, of the University of Melbourne, CLASS HOLLY MCGEOGH Wednesday, February 4, 2004 in the office of Representative LOUISE SLAUGH- Mr. NADLER. Mr. Speaker, there is a long TER of New York. HON. JOHN D. DINGELL list of people and institutions that have helped In closing, Mr. Speaker, it is important to OF MICHIGAN our nation flourish through our nearly 228 note that this effort has received programmatic IN THE HOUSE OF REPRESENTATIVES years of independence. One of our greatest assistance from both the U.S. and Australian traditions as Americans is to welcome friends governments, as well as numerous individuals Wednesday, February 4, 2004 from around the world into our lives—some- and institutions in Washington, DC that have Mr. DINGELL. Mr. Speaker. I rise today to times professionally and sometimes person- welcomed these students during their visit. I pay tribute to Private First Class Holly ally. am proud to participate in this worthwhile pro- McGeogh, Michigan’s first female soldier killed Most congressional offices host American gram, and wish it continued success in the fu- in the conflict in Iraq. Private McGeogh was college students, to help our nation’s future ture. from Taylor, and a constituent of mine. E116 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 Private McGeogh, who was 19, was one of In January 1991, he departed to Los Ange- highly significant. I commend the House for three soldiers killed in a roadside explosion les to be an administrator in charge of a home summarily passing H.R. 3493 and I encourage near Kirkuk. She was assigned to Company A, for Guadalupe Missionaries and was in charge my colleagues in the other body to vote in 4th Forward Support Battalion, 4th Infantry Di- of all missionary work. While in Los Angeles, favor of H.R. 3493, the Medical Devices Tech- vision, from Fort Hood, Texas. Two years ago, he promoted the Integral System of New nical Corrections Act of 2003. she graduated Truman High School, where Evangelization program. From 1996 to 2004, f she was a cadet in the Junior ROTC for four he served in several parishes of the years. During high school, Private McGeogh Archdioceses, with the permission of the Gua- PERSONAL EXPLANATION won numerous awards and recognition for her dalupe Missionaries. His last assignment for service to her school and community. She was the past four years was at St. Pius X in the HON. JIM RYUN dedicated to enlisting in the Army, and to serv- City of Santa Fe Springs, where he brought OF KANSAS ing her country, which she did with distinction. great joy to the parishioners. IN THE HOUSE OF REPRESENTATIVES Before leaving for Iraq she told her family I want to thank Father Ochoa for all he has Wednesday, February 4, 2004 that if she were killed in battle, to remember done for my community and many commu- she died for a reason and a cause she be- nities throughout the world. I ask my col- Mr. RYUN of Kansas. Mr. Speaker, unfortu- lieved in. Those words should be remembered leagues to join me in wishing him good health nately, I missed four votes in the House of and cherished today and always. and best wishes in his future endeavors. Representatives on January 28, 2004. Had I Mr. Speaker, Private McGeogh is a hero. f been in attendance I would have made the fol- She died trying to make this world a safer, lowing votes: kinder, and more humane place, and for that MEDICAL DEVICES TECHNICAL Vote on the Baldwin of Wisconsin Substitute we are all humbled. Our thoughts and our CORRECTIONS ACT Amendment to S. 1920, the Farmer Bank- prayers go to her parents, her family, and her ruptcy bill. Had I been in attendance, I would SPEECH OF friends. I would like you to join me in com- have voted ‘‘no.’’ mending her limitless courage for our country. HON. MARK E. SOUDER Vote on the Motion to Recommit with In- She has shown the entire nation what it OF INDIANA structions on S. 1920, the Farmer Bankruptcy means to be a hero. IN THE HOUSE OF REPRESENTATIVES bill. Had I been in attendance, I would have voted ‘‘no.’’ f Tuesday, January 27, 2004 Vote on Passage of S. 1920, the Farmer HONORING FATHER JOSE LUIS Mr. SOUDER. Mr. Speaker, I rise today in Bankruptcy bill. Had I been in attendance, I OCHOA support of H.R. 3493, the Medical Devices would have voted ‘‘yea.’’ Technical Corrections Act of 2003. This bill will Vote on the Motion to Instruction Conferees HON. GRACE F. NAPOLITANO help ensure medical devices are quickly ap- on S. 1920, the Farmer Bankruptcy bill. Had I OF CALIFORNIA proved and sent to market as intended by the been in attendance, I would have voted ‘‘no.’’ IN THE HOUSE OF REPRESENTATIVES Medical Device User Fee Modernization Act of Unfortunately, I missed three votes in the 2002. In particular, the bill will clarify FDA House of Representatives on February 3, Wednesday, February 4, 2004 third-party inspection requirements to ensure 2004. Had I been in attendance I would have Mrs. NAPOLITANO. Mr. Speaker, it is with companies can use third-party inspectors for made the following votes: tremendous respect that I rise today to honor two consecutive inspections. Additionally, the Vote on the Motion to Suspend the Rules Father Jose Luis Ochoa, who is retiring from legislation will authorize HHS to conduct a and Agree to H. Res. 507, a Resolution ex- his post with the parish of St. Pius X in the study to identify barriers to market entry for pressing the profound sorrow of the House of City of Santa Fe Springs to return to Guadala- pediatric products, which often help small pop- Representatives on the anniversary of the ac- jara, Mexico and work with the Guadalupe ulations and, therefore, are not profitable to cident that cost the crew of the Space Shuttle Missionaries. Throughout his career of service, manufacturers. Columbia their lives, and extending heartfelt Father Ochoa has spread faith and charity These clarifications are critical to the med- sympathy to their families. Had I been in at- throughout many parts of the world. ical device industry in the United States, which tendance, I would have voted ‘‘yea.’’ Father Jose Luis Ochoa was born in Mexico leads the world in the development and manu- Vote on the Motion to Suspend the Rules on December 5, 1940, the third child of seven facturing of medical technology. Medical de- and Agree to H. Res. 157, a Resolution ex- children. In 1953 he entered the ‘‘Diocesano vice companies produce nearly $78 billion an- pressing the sense of the House of Rep- de Mexico’’ seminar. In 1956, he continued his nually and generate nearly 6 percent annual resentatives regarding several individuals who schooling at the ‘‘Seminario de Misiones’’ with growth. The products produced by these com- are being held as prisoners of conscience by the Jesuits. Even during his vacations from panies have a tremendous impact on our the Chinese Government for their involvement the seminary, he would dedicate his time to country’s economy by creating great high-pay- in efforts to end the Chinese occupation of travel outside of Mexico wherever there was a ing American jobs and consistently generating Tibet. Had I been in attendance, I would have need for priests. annual trade surpluses in the billions of dol- voted ‘‘yea.’’ On July 10, 1966, he was ordained at the lars. Vote on the Motion to Suspend the Rules chapel ‘‘Seminario de Misiones’’ and assigned Advances in medical technology are improv- and Pass H.J. Res. 84, a Resolution recog- as a missionary to Kenya, Africa. Upon his ar- ing the quality of life for people around the nizing the 93rd birthday of Ronald Reagan. rival in Nairobi, Kenya, Father Ochoa began to world as new and more effective treatments Had I been in attendance, I would have voted work as a vicar in the parish of Amakura. for various diseases and medical conditions ‘‘yea.’’ While there, he built a secondary school for are developed. New medical technology also f girls to help instill in them the values of dignity helps reduce the cost of health care and Medi- and self-respect and help them reject exploita- care as health problems are prevented and DEATH OF EMMETT BURKE, THE tive and unhealthy practices. treated more easily through early detection, SON OF ALDERMAN EDWARD In 1975, he was assigned back to Mexico to less invasive procedures and faster recovery BURKE serve as a Director to the Department of Pro- times for the patient. motions and Development. This work was a The medical device industry is critical to the HON. BOBBY L. RUSH necessity for the ‘‘Instituto de Misioneros de economy of Indiana as well as the district I OF ILLINOIS Guadalupe,’’ and he worked with Bishops from represent, Indiana’s 3rd district. A large major- IN THE HOUSE OF REPRESENTATIVES different Archdioceses and became respon- ity of the nation’s orthopaedic devices are pro- sible for getting financial and vocational oppor- duced in Warsaw, Indiana, where DePuy, Zim- Wednesday, February 4, 2004 tunities for the missions. mer and Biomet, three of the Nation’s leading Mr. RUSH. Mr. Speaker, today I rise to ex- After spending some time in Switzerland, companies in orthopaedic devices are located. tend my condolences to Alderman Edward Father Ochoa returned to Mexico once again These companies control more than 60 per- Burke and his family on the loss of his be- in 1985 to help form a Seminary School in cent of the global market share of orthopaedic loved son, Emmett Burke. It is with deepest Guadalajara. While there, he also taught joint replacements and generate $4 billion dol- sympathy that I rise to offer encouragement to classes at a local school, helped construct a lars annually in sales. The combined eco- the Burke family in their time of bereavement. temple and a secondary school and started a nomic and societal impacts of these three Mr. Speaker, Emmett Burke, only 30 years food bank for the less fortunate. companies to my district and the state are old, will be sorely missed by everyone who CONGRESSIONAL RECORD — Extensions of Remarks E117 knew him. For the past decade, Emmett Burke just as the letter I am submitting for the tate to contact us if we can be of further as- worked for the Cook County Forest Preserve RECORD today. The State Department tells sistance. Police Department. He started in patrol, then me, in their words, ‘‘we share your serious Sincerely, MICHAEL C. POLT, was promoted to the canine and search and concern’’ and are ‘‘deeply troubled by the re- Acting Assistant Secretary, rescue units, and eventually served as the strictions that the Government of Vietnam Legislative Affairs. deputy chief of the police department. Emmett places on its citizens’ freedom of expression, Burke was known for his diligence, his com- as well as other human rights.’’ They tell me EMBASSY OF VIETNAM, mitment, and his excellence in the field of law that ‘‘[p]romoting human rights is a priority in Washington, DC, November 28, 2003. enforcement. our bilateral relations with Vietnam.’’ Hon. ZOE LOFGREN, U.S. House of Representatives, Mr. Speaker, I personally understand the If promoting human rights in Vietnam really Washington, DC. undescribable sadness that occurs when a fa- is a priority for the Bush Administration, why The Embassy of the Socialist Republic of ther has to bury his son. It has been nearly 5 are they having friendly meetings with high- Vietnam in the United States of America years since I was faced with that same difficult level Vietnamese officials without initially de- presents its compliments to the Office of the reality. This is why I am able to stand today manding protection of human rights? Honorable Zoe Lofgren and has the honor to and encourage Alderman Burke to counter the Why is the Bush Administration not, instead, forward herewith the faxed copy of the Statement of the National Assembly of the hurt, pain, and sorrow with strong support condemning the communist regime in Vietnam Socialist Republic of Vietnam with regard to from family and friends, and fervent prayers to for issuing a statement that attacks a human passing by the US House of Representatives God, who is the author and finisher of our rights resolution this body passed with an of H. Res. 427. faith. overwhelming vote of 409–13? That Viet- The Embassy of the Socialist Republic of And finally, I can assure the Burke family namese statement, which I submit for the Vietnam avails itself of this opportunity to that the present agony felt from the loss of a RECORD today, alleges that our Congressional renew to the Office of the Honorable Zoe loved one can only be replaced with the ever- resolution contains ‘‘false’’ and ‘‘inaccurate’’ in- Lofgren the assurances of its consideration. lasting love and peace of God, the father, formation. Yet, our resolution is backed by re- STATEMENT OF THE NATIONAL ASSEMBLY OF Jesus the son, and the Holy Spirit. ports from various respected human rights or- THE SOCIALIST REPUBLIC OF VIETNAM So, I rise today to extend my deepest sym- ganizations, the U.S. Commission on Inter- The National Assembly of the Socialist Re- pathy to the Burke family, my prayers are with national Religious Freedom and the U.S. State public of Vietnam altogether rejects H. Res. you, and know that in our time of mourning, 427 Resolution adopted on 19th November Department. Instead of condemning the reck- 2003 by the United States House of Rep- God has promised to comfort us. less statement from Vietnam, the Bush Admin- resentatives and the Resolution adopted on f istration is embracing a communist regime it 20th November 2003 by the European Par- admits is a human rights violator. liament on the so-called ‘‘situation of reli- THE COMMUNIST REGIME IN The Bush Administration’s hypocrisy and gious freedom in Vietnam’’. These wrongful, VIETNAM apathetic attitude towards human rights is un- negative resolutions do not serve the rela- acceptable. As long as the people of Vietnam tions between the United States and the Eu- ropean Union on the one hand and Vietnam HON. ZOE LOFGREN are oppressed, abused, and imprisoned, our on the other. OF CALIFORNIA President should not get friendly with a com- Alleging false, inaccurate information pro- IN THE HOUSE OF REPRESENTATIVES munist regime without first demanding protec- vided by a handful of extremist elements Wednesday, February 4, 2004 tion of human rights. who take advantage of the mantle of religion U.S. DEPARTMENT OF STATE, and in pursuit of political goals, distort the Ms. LOFGREN. Mr. Speaker, President Washington, DC, January 13, 2004. founding history of the Buddhist Church of Bush and his Administration have begun a Hon. ZOE LOFGREN, Vietnam after the reunification of the coun- new relationship with the communist regime in House of Representatives. try these resolutions slander the policies and Vietnam. Recently, the Vietnamese Defense DEAR MS. LOFGREN: This is in response to practice of religious freedom in Vietnam. To- Minister and the Deputy Prime Minister trav- your December 30, 2003 letter to Secretary day’s so-called ‘‘United Buddhist Church of Vietnam’’ is nothing but a grouping of indi- eled to Washington for historic visits with De- Powell concerning detained dissident Mr. Nguyen Vu Binh in Vietnam. We share your viduals who are driven by personal ambition fense Secretary Donald Rumsfeld and Sec- serious concern over his recent sentence and and political motives to act against the na- retary of State Colin Powell. Shortly thereafter, ongoing detention. tion’s interest. As a result of their blatant the U.S.S. Vandegrift entered the port of Ho The Department strongly condemned the violation of the law and of their attempts to Chi Minh City, the first U.S. warship to visit harsh sentence given to Binh on December spur confrontation and sow division among Vietnam since the end of the Vietnam War 30, 2003. No individual should be imprisoned the Buddhist followers, this grouping stands nearly three decades ago. for the peaceful expression of his views. The completely isolated from the Buddhist con- sentencing of Binh clearly violates inter- gregation and the national community of This newly forged friendship between the Vietnam. Bush administration and the communist re- national standards for the protection of human rights, including freedom of expres- Expressing the will of the Vietnamese peo- gime in Vietnam comes amidst continuous re- ple, the National Assembly of the Socialist sion. The U.S. Embassy sent an officer to the Republic of Vietnam supports the consolida- ports of human rights violations committed by court, but he was unable to gain access to tion and development of Vietnam’s relations the Vietnamese government. the trial, despite repeated oral and written with the United States and the European The U.S. Commission on International Reli- requests to the Vietnamese Government. Union on the basis of mutual respect for gious Freedom reports that almost forty Bud- We are deeply troubled by the restrictions their respective independence and sov- dhist monks and lay leaders are in prison, that the Government of Vietnam places on ereignty, of non-interference into each oth- under house arrest, or in re-education camps, its citizens’ freedom of expression, as well as er’s internal affairs and of mutually bene- as well as twenty Hmong Protestants and at other human rights. These restrictions vio- ficial cooperation on an equal footing. least ten Catholic priests in detention. late international human rights instru- In that spirit, the National Assembly of Freedom of speech in Vietnam is just as ments, including the International Covenant the Socialist Republic of Vietnam urges that on Civil and Political Rights that Vietnam bad. According to a report by the Campaign the US House of Representatives and the Eu- has ratified. We consistently urge the Gov- ropean Parliament stop lending their sup- for Freedom of Expression and Information in ernment of Vietnam to adhere to its inter- Vietnam, Vietnam’s 500-plus newspapers and port to actions that slander the actual situa- national obligations to protect the human tion of religion in Vietnam and undermine magazines are state-owned and vigorously rights of its citizens. The Government of mutually beneficial cooperation with Viet- censored while 2,000 of Vietnam’s 5,000 Vietnam should release Mr. Binh and all oth- nam. At the same time, the National Assem- websites are currently blocked for dissemi- ers detained or imprisoned for the peaceful bly of Vietnam consistently advocates the nating messages the state has deemed ‘‘sub- expression of their views. enhancement of mutual understanding and versive’’ or ‘‘reactionary.’’ Worse yet is the Promoting human rights is a priority in narrowing down of differences through dia- case of a Vietnamese writer and journalist im- our bilateral relations with Vietnam. We will logue with the US Congress and congressmen continue to press the Government of Viet- prisoned just after he submitted written testi- as well as with the European Parliament and nam to take steps to improve its human its members, for the sake of the long-term mony to a Congressional Members’ briefing rights record. interests of the nations concerned, and of that I sponsored. Let me assure you that our efforts to pro- peace, cooperation and development in the Yet, every time I write the State Depart- mote human rights and freedom in Vietnam world. ment, I get the same response, but no action, continue undiminished. Please do not hesi- Hanoi, 26 November, 2003. E118 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 TRIBUTE TO MR. KEN BURNS Community College and Eastern Michigan present, I would have voted ‘‘yes’’ on rollcall University. A veteran of the U.S. Army from No. 12. HON. ROBERT W. NEY March of 1970 to January of 1972, Mr. Birrell f served with the Military Police and was honor- OF OHIO HONORING JUSTIN GREGORICH IN THE HOUSE OF REPRESENTATIVES ably discharged as Specialist 4. Mr. Birrell and his wife, Elaine, have one Wednesday, February 4, 2004 daughter, Kathleen, who is a senior at Edsel HON. MICHAEL BILIRAKIS Mr. NEY. Mr. Speaker, it is with sad tidings Ford High School. His stepson, Stuart OF FLORIDA that I announce the loss of Ken Burns, a dedi- Debrowsky, is also a Dearborn Firefighter. IN THE HOUSE OF REPRESENTATIVES cated House employee that many of us had As Mr. Birrell enters his retirement years, I Wednesday, February 4, 2004 would like to give him my best wishes for a re- the pleasure of working with. Mr. BILIRAKIS. Mr. Speaker, I rise today to Ken began his career with the House work- laxing and enjoyable future. I would like to thank him for all of his hard work and commit- honor Justin Gregorich, one of my young con- ing for House Information Resources as a stituents who recently saved someone’s life. Communications Specialist in November 1999. ment to the Dearborn Fire Department and Dearborn community. Justin was walking home from football prac- During his time there, Ken served as the PBX tice last week when he witnessed an elderly administrator and supported video confer- Mr. Speaker, I would like to ask that my colleagues join me in commending Chief Birrell man lose control of his car, drive into a reten- encing for all congressional offices. Ken also tion pond, and begin sinking in the snake and served as a Move Coordinator during the last for leadership in both his Department and community, as we celebrate his 29 years of alligator-filled water. Justin instantly dove into transition. He was always very helpful and the water, and with the help of two other pass- dedicated to the customer. dedication to the Dearborn Fire Department. f ers by, pulled the man from his submerged Ken received numerous letters of recogni- car to safety. tion for his cheerful and positive attitude. He FREEDOM FOR LIBRADO RICARDO Justin’s two helpers, Michael McBayer and ´ never hesitated to go the extra mile to make LINARES GARCIA Shawn Brady, live in Chairman BILL YOUNG’s sure his customers were totally satisfied. He congressional district, which borders mine. made himself available to assist customers no HON. LINCOLN DIAZ-BALART Justin credited Mr. McBayer and Mr. Brady for matter when he was needed. He was a real OF FLORIDA saving the car’s driver, though he said his only pleasure to work with and always maintained IN THE HOUSE OF REPRESENTATIVES thought when he saw the crash was that ‘‘I an upbeat attitude—even when you knew Wednesday, February 4, 2004 gotta save that guy.’’ I think that Justin’s moth- things were not going well for him. er, Alice, must have taught her son to be hum- Mr. LINCOLN DIAZ-BALART of Florida. Mr. And for the past year, Ken worked at the ble and help others, which is exactly what he Speaker, I rise today to speak about Librado Recording Studio, handling all the video tele- did that day. She certainly deserves credit for Ricardo Linares Garcõ«a, a prisoner of con- conferences for Members. He was very knowl- raising such an outstanding young man. edgeable about the systems and stayed on science in totalitarian Cuba. Mr. Linares is an engineer who was ex- Mr. Speaker, Justin, Michael, and Shawn top of new technologies. Ken was always very are heroes in the truest sense of the word. helpful in many areas of that operation—he pelled from Castro’s totalitarian Communist Party in 1992 after he called for economic re- They disregarded their own safety for that of helped answer phones at the front desk and another. Their selfless actions should remind operated television cameras in the House stu- forms. Following his eviction, Mr. Linares decided the most effective way to fight Castro’s us all of the fundamental goodness and hu- dios regularly. Ken’s personality was infec- manity that so many of our countrymen exhibit tious, always positive, upbeat, and never had brutal repression was to join the dissident movement. Eventually, Mr. Linares became everyday. I urge our colleagues to join me in a bad word to say about anyone. thanking them for their actions and for remind- I feel privileged to have known Ken as a president of the Cuban Reflection Movement. Between 1995 and November 1999, Mr. ing us of the spirit of compassion and courage person and know that he will be sorely missed which makes our country great. by all who had the pleasure of working with Linares was continually harassed, arrested, f him. detained, and fined by Castro’s ruthless machinery of repression. Despite these constant f A BILL TO PROVIDE FOR TAX-EX- setbacks, Mr. Linares persevered in his quest EMPT FINANCING FOR UNITED HONORING THE RETIREMENT OF to obtain basic human rights for every Cuban NATIONS FACILITIES FIRE CHIEF MICHAEL P. BIRRELL citizen. Unfortunately, on March 18, 2003, the tyrant Castro had Mr. Linares arrested and HON. AMO HOUGHTON HON. JOHN D. DINGELL convicted on sham charges. According to Amnesty International, in the OF NEW YORK OF MICHIGAN sham trial verdict, Mr. Linares was accused of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ‘‘using his human rights work as a front for al- Wednesday, February 4, 2004 Wednesday, February 4, 2004 leged counterrevolutionary activities such as Mr. HOUGHTON. Mr. Speaker, today I am Mr. DINGELL. Mr. Speaker, I rise today to meetings, conferences and seminars.’’ joined by my colleague from New Jersey, pay tribute to my friend Michael P. Birrell on Mr. Speaker, Mr. Linares is suffering be- DONALD PAYNE, in introducing a bill to provide the occasion of his retirement from the Dear- cause of the gross human rights abuses and for tax-exempt financing for new United Na- born Fire Department after 29 dignified years outrageous repression that continue every day tions facilities. This is a bipartisan effort by the of service. in totalitarian Cuba. Mr. Linares is languishing two of us, as the current Congressional dele- Serving as the Chief of the Department in the totalitarian gulag because he believes in gates to the United Nations. since March 2000, Mr. Birrell has shown tre- basic human rights for every Cuban. It is that The bill is straightforward and, like a provi- mendous dedication and leadership through- simple, Mr. Linares is confined in a dungeon sion in effect before 1986, would allow the use out his long-lasting career. He joined the De- because he believes in freedom and the tyrant of tax-exempt bonds for the building of new partment on December 9, 1975 as a proba- Castro believes in repression. UN facilities, other than the UN Headquarters tionary firefighter. Promoted to Firefighter 2 in My colleagues, we must stand as one and itself. As a result of the 1986 changes, the UN 1980 and Firefighter 3, an engine driver, in demand freedom for Librado Ricardo Linares is now treated as if it were a for-profit com- 1985, Mr. Birrell’s achievements resulted in Garcõ«a and every prisoner of conscience in to- pany for purposes of tax-exempt bonds, much him becoming Fire Lieutenant in 1990, Cap- talitarian Cuba. less favorably than charitable hospitals, uni- tain in 1994, and Battalion Chief in 1995. f versities or State or local governments. In addition to serving in the Fire Depart- PERSONAL EXPLANATION Most recognize that the United Nations Sec- ment, Mr. Birrell finds many ways to channel retariat and Headquarters facilities are now his supportive energy into the community. He HON. RUBE´N HINOJOSA more than 50 years old and greatly in need of is a Certified Instructor of the Michigan Fire- renovation and reconfiguration to increase the OF TEXAS fighter Training Council and a National Fire efficiency of UN functions, improve security IN THE HOUSE OF REPRESENTATIVES Academy Instructor of Incident Command and and life safety, and reduce overhead and ad- Emergency Response to Terrorism. Wednesday, February 4, 2004 ministrative costs. Mr. Birrell graduated from Saint Alphonsus Mr. HINOJOSA. Mr. Speaker, I regret that I Let me give you a few examples of the High School in 1968 and attended Henry Ford was unavoidably detained. Had I been need for the renovation. Most of the building CONGRESSIONAL RECORD — Extensions of Remarks E119 systems have passed their life expectancy: THE DECEMBER 22, 2003 EARTH- signed to active duty as corporal for the 40th The plumbing was installed in 1952 and most QUAKE IN SAN LUIS OBISPO Infantry Division. of the electrical systems in the Secretariat COUNTY, CALIFORNIA After completing his military service, Richard building were installed in 1949. These are turned to business, working for Helgeson clearly outdated. The building contains asbes- HON. WILLIAM M. THOMAS Buick, before moving on to community work. tos and it does not have sprinklers, both of OF CALIFORNIA He was soon named Community Relations which create significant safety hazards. And, IN THE HOUSE OF REPRESENTATIVES Coordinator for the City of Riverside and be- of course, the buildings were not built with to- came the first president of the Casa Blanca Wednesday, February 4, 2004 day’s terrorist threats in mind. These needs Community Action Group (CAG), helping to re- have been carefully and extensively studied Mr. THOMAS. Mr. Speaker, I rise today to dress the problems of an area that needed his not only by the UN but also by the United introduce a resolution expressing the sense caring touch. At Casa Blanca, Richard found States General Accounting Office, which con- the House of Representatives with respect to himself fighting for improved housing, included that the UN’s planning for renovation the earthquake that occurred in San Luis creased business development, and the cre- has been reasonable. Obispo County, California on December 22, ation of important neighborhood public serv- 2003. Most importantly, I would like to recog- ices. He always advocated for those in need In the President’s budget released earlier nize and commend the public safety and law and was beloved by those around him. this week, he proposed that the United States enforcement personnel, elected officials, and I join today with family and friends in paying provide the United Nations with a 30-year, the people of San Luis Obispo County for their my respects to Richard Roa. He was a gen- $1.2 billion loan to finance the renovation, an- courageous and effective response to this dis- erous and gentle man who fought the good other recognition of the importance of moving aster. fight and will be deeply missed by all. forward with the renovation. This earthquake occurred at 11:15 a.m. on f The work cannot commence without a se- December 22, 2003. Its epicenter was in San ries of preliminary steps. These include financ- Luis Obispo County, approximately 6 miles CONGRATULATING BUSH ing and constructing a new building for the UN northeast of San Simeon and 24 miles north- CHAUDHARY, ON HIS ACHIEVE- in New York City that the UN General Assem- west of Paso Robles. The earthquake meas- MENT bly, UN Secretariat and other UN personnel at ured 6.5 on the Richter scale, the largest UN Headquarters would occupy while the quake to hit the area since 1952, and it was HON. JAMES R. LANGEVIN needed renovation and reconfiguration of felt from Los Angeles to San Francisco with OF RHODE ISLAND Headquarters space proceeds. Due to the ex- the most extensive damage occurring in the IN THE HOUSE OF REPRESENTATIVES tent of the needed work and existing asbestos City of Paso Robles. Wednesday, February 4, 2004 conditions, the current Headquarters space Tragically two lives were lost and more than must be vacated until the Headquarters ren- 40 persons sustained injuries. Thankfully, the Mr. LANGEVIN. Mr. Speaker, I proudly rise ovation and reconfiguration are completed. loss of additional lives was averted through today to congratulate Mr. Bush Chaudhary of the quick and professional response provided Providence, Rhode Island on his receipt of the New York City and State propose to provide by the public safety and law enforcement per- prestigious Ambassadors for Peace Award. the land for the new building without cost and sonnel and elected officials who serve the The Ambassadors for Peace Award is be- to have a public benefit tax-exempt agency of people of San Luis Obispo County and the stowed upon 50 outstanding American and the State arrange to finance, construct and op- State of California. other international leaders for exemplary serv- erate the new building. The bonds that would San Luis Obispo County experienced a ice in the arena of interfaith reconciliation and be issued under this proposal would be se- massive disaster but it is evident that recovery cooperation amongst Christians, Jews, and cured by rent paid by the UN for its use of the has begun as a result of the vibrant actions Muslims. Mr. Chaudhary will be presented with new building until the bonds are paid, at which taken by its residents and leaders. When com- the award at a ceremony on the 4th of Feb- time the UN may become the owner of the plete, this renewal will serve as a reminder of ruary 2004. land and new building. The UN will undertake the fierce determination displayed by the com- As the founding President of the India Mu- the Headquarters renovation and reconfigura- munity and local, state, and federal govern- seum Heritage Society, Mr. Chaudhary has tion independently, including payment of the ments to rebuild in the wake of this disaster. played a tremendous role in fostering interfaith cost for the work, without financing or other fi- Accordingly, I ask that this resolution be tolerance in his community. As the past Presi- nancial assistance from New York City or supported in order to recognize and honor dent of both the India Association of Rhode Is- State. those local officials, public safety and law en- land and the American Freedom Coalition, Mr. Following completion of the new building, forcement personnel, and individuals, who Chaudhary has served as a community leader which is estimated to cost approximately $475 served San Luis Obispo County in the after- for over 25 years. million, the renovation and reconfiguration of math of this natural disaster. Thank you, Mr. Speaker, and I hope our col- the UN Headquarters facilities can begin. That f leagues will join me in congratulating Bush work is expected to be completed in 2011 Chaudhary for his achievement, and I wish under the current schedule. When the work is TRIBUTE TO RICHARD ROA him great success in all of his future endeav- completed, the new building will permit all UN ors. Headquarters space and activities that are HON. JOE BACA f now scattered in different locations in New OF CALIFORNIA IN MEMORY OF JOHN GELFF, SAN York City to be consolidated at that single lo- IN THE HOUSE OF REPRESENTATIVES JUAN CAPISTRANO CITY cation connected directly to the renovated and Wednesday, February 4, 2004 COUNCILMEMBER reconfigured Headquarters space. Mr. BACA. Mr. Speaker, it is with great Expeditious work on the needed renovation pride that I pay tribute today to the life of Rich- HON. KEN CALVERT and reconfiguration is very much in the inter- ard Roa. Richard recently passed away, leav- est of the UN and in our national interest. The OF CALIFORNIA ing a legacy of community work and commit- IN THE HOUSE OF REPRESENTATIVES work when completed will strengthen the ef- ment to those he loved. He was a magnani- fectiveness of the UN organization, address mous figure who was dedicated to his family, Wednesday, February 4, 2004 security and life safety requirements and im- his friends, and his roots. It gives me no great- Mr. CALVERT. Mr. Speaker, I rise today to prove efficiency, thereby significantly reducing er pleasure than honoring his memory today. remember and pay my respects to an indi- ongoing costs. Moreover, the work will further To all those who knew Richard, he exhibited vidual whose contributions to his community cement the presence of the UN in the United generosity of spirit, love for his fellow man, were exceptional. San Juan Capistrano City States, which not only benefits the United and dedication to his work. He constantly chal- Councilman John Gelff recently passed away States internationally but also provides sub- lenged the status quo and was never afraid to and today I would like the House of Rep- stantial employment and business opportuni- speak his mind, undoubtedly leaving an im- resentatives to recognize his contributions to ties with tens of millions of dollars for Ameri- measurable impression on his community. his community. cans and for New York. The life of Richard Roa took him from River- John’s life is marked by his service to com- We ask for your support of this important side, California, where he was born and munity and others. He served in many public legislation. raised, to Japan and Korea, where he was as- capacities throughout Orange County during E120 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 his life and six years ago moved to San Juan sider this oversight and provide the USPS with High School National Champions. In addition Capistrano. His immediate devotion and com- funding for this important initiative. to this great accomplishment, this star team mitment to San Juan Capistrano was evident f also placed first in the Large Co-ed Division in his leadership as Mayor in 2003 and his and won the Innovative Choreography Award. service as Chairman of the City’s Redevelop- RECOGNIZING STATE SENATOR Angie Pina, cheer director, Delilah Loredo, ment Agency. JOHN L. BURTON OF CALIFORNIA captain, and Felicia Campos, co-captain, de- Community members remark on his love for serve praise for leading and motivating the the city and charitable organizations, such as HON. HILDA L. SOLIS squad to such a high level of accomplishment. the American Diabetes Association’s South OF CALIFORNIA Their hard work and athletic ability have made Orange County Walk and his service on the IN THE HOUSE OF REPRESENTATIVES this team an impressive success, and their Orange County Library Commission. His ac- Wednesday, February 4, 2004 tireless dedication has been well rewarded. complishments during his short time as a city Not only am I proud of the team, but also of councilmember include the prevention of a Ms. SOLIS. Mr. Speaker, I stand today to each individual member for her commitment to second railroad track in town, the prevention recognize State Senator John L. Burton of achieving such high goals. They have set a of a San Diego Gas & Electric electrical sub- California. new standard for achievement. station being located in the City, and working A bellwether in American politics, Senator As an alumnus of Harlandale High School, with the Orange County Transportation Au- Burton authored policy at the state and federal I would like to thank these students for bring- thority to make traffic improvements along the levels for 30 years. Prior to being elected to ing acclaim to Harlandale and keeping the San Diego Freeway corridor. the California State Senate in 1996, Senator school spirit strong. I know they will continue In 2000, my congressional district changed Burton served as a Member of Congress from to excel this year and in their future endeav- to include part of San Juan Capistrano and 1974 to 1983. Elected President Pro Tempore ors—both in athletics and academic studies. immediately I was impressed with John’s pas- of the California State Senate in 1998, he f sion and commitment to his community. San proudly represents the 3rd Senatorial District, Juan Capistrano is undoubtedly a better place encompassing the City of San Francisco and HONORING CURTIS MANCINI because of John Gelff’s contributions. His other Bay Area counties. He also serves as leadership and energy will be truly missed. Chair of the Rules Committee and is a mem- HON. PETER DEUTSCH f ber of other powerful panels such as the Ap- OF FLORIDA propriations, Constitutional Amendments, Pub- IN THE HOUSE OF REPRESENTATIVES SHORT-CHANGING THE U.S. POST- lic Safety, and Revenue and Taxation Commit- AL SERVICE IN PREVENTING tees. Wednesday, February 4, 2004 BIOTERRORISM THROUGH THE Under his leadership, Senator Burton has Mr. DEUTSCH. Mr. Speaker, today I rise to MAIL improved the lives of millions of Californians commemorate the contributions of Curtis by authoring legislation that ranges from edu- Mancini of Davie, Florida. Curtis was among HON. RUSH D. HOLT cation to health care. He has made college the seven U.S. soldiers killed on January 29 OF NEW JERSEY accessible for thousands of low-income stu- while serving in Afghanistan. He had served IN THE HOUSE OF REPRESENTATIVES dents, by guaranteeing Cal Grant scholarships as a Davie police officer for 17 years and had of $9,700 for students who meet the GPA re- been serving in Afghanistan for a year as a re- Wednesday, February 4, 2004 quirements. In the first state budget enacted servist. Mr. HOLT. Mr. Speaker, the discovery of during his time as President Pro Tempore, he Curtis was a soldier’s soldier. His father, ricin in the Dirksen Senate Office Building, and revived cost of living adjustments and in- Commander Sergeant Major John Mancini of the resulting closure of all three Senate office creased benefits for the elderly, disabled, and Rhode Island had served in the Army for 35 buildings, is an unfortunate and disturbing re- welfare-dependent mothers. In the latest budg- years and remembers Curtis saying he served minder of our mail system’s vulnerability to ter- et, he ensured that mental health services and now so that his children and other people’s rorism. As the Representative of the 12th Dis- juvenile crime prevention programs receive children would not need to later. Curtis had trict of New Jersey, my concern on this matter high levels of financial support. In addition, been promoted to sergeant first class, as- is heightened because of our area’s direct ex- Senator Burton has spearheaded legislation signed to the 2nd Battalion Infantry, 10th perience with the anthrax attacks of 2001. At that allows the use of DNA testing to improve Mountain Division and shipped off to Afghani- least one of the anthrax-tainted letters mailed criminal investigations, strengthen child sup- stan on January 5. He served as a positive to Capitol Hill was sent from a postal drop box port collection and reform the campaign mone- role model and longtime instructor at the Insti- in Princeton, New Jersey and processed at a tary system. tute of Public Safety. Between 1989 and 2000, sorting facility in Hamilton, New Jersey. An- During his illustrious political career, Senator Curtis served on a drug task force in the U.S. thrax spores were also discovered in my Burton has received numerous honors by emi- DEA in Fort Lauderdale and upon returning to Washington, D.C. office, which resulted in my nent organizations and institutions. Some of Davie, he became a training instructor. congressional office—and several others— his past recognitions include: Legislator of the Friends and family remember Curtis as an being relocated for three months. Year by the California Association of Mental avid sportsman, a brilliant instructor and dedi- I rise today to express my profound dis- Health Patients’ Rights Advocates, the Cali- cated father. He enjoyed running marathons, appointment that our federal government fornia State University Lifetime Achievement most recently the Walt Disney World marathon seems to have learned very little from these Award, and the Sean McBride Award for and ran 45 miles weekly. incidents. I am concerned that the United Human Rights Work. In 2000, Curtis said in a Miami Herald inter- States Postal Service (USPS) has not re- Well into his seventies, Senator John L. view, ‘‘It’s better to burn out than fade away.’’ ceived adequate funding to protect postal em- Burton continues to work hard for the people This was the type of man Curtis was. ployees and the general public from the risk of of California. He is a tireless and relentless Curtis is survived by his three children, his bio-terrorism in the Fiscal Year 2005 budget leader, who I believe exemplifies the excel- former wife, and countless colleagues, friends that President Bush delivered to Congress two lence in leadership today. and family. days ago. Specifically, I am troubled that the f f USPS was denied emergency preparedness funding in Fiscal Year 2004, and would be de- HONORING THE HARLANDALE RECOGNIZING THE DENTISTS OF nied again in the President’s Fiscal Year 2005 HIGH SCHOOL CHEERLEADERS CHESTER COUNTY FOR THEIR budget request. This continued lack of funding PARTICIPATION IN ‘‘GIVE KIDS A leaves the United States Postal Service ill- HON. CIRO D. RODRIGUEZ SMILE!’’ DAY equipped to defend against bioterrorism. OF TEXAS A safe postal delivery system is critical not IN THE HOUSE OF REPRESENTATIVES HON. JIM GERLACH only for our homeland security, but also for Wednesday, February 4, 2004 OF PENNSYLVANIA our economic security. Only sustained, signifi- IN THE HOUSE OF REPRESENTATIVES cant investment in our postal system will en- Mr. RODRIGUEZ. Mr. Speaker, I am proud sure that we are prepared to prevent, detect, to recognize the Harlandale High School Wednesday, February 4, 2004 and respond to bio-terrorism through the mail. Cheerleaders as the 2003 National Mr. GERLACH. Mr. Speaker, I rise today to I will be writing to President Bush to recon- Cheerleading Association’s Senior and Junior recognize the dentists in my district, as well as CONGRESSIONAL RECORD — Extensions of Remarks E121 those throughout the nation, who will be par- cation, screening, prevention and comprehen- dental clinic at the Community Volunteers in ticipating this week in the ‘‘Give Kids a Smile!’’ sive treatment programs already in existence Medicine (CVIM) facility in West Chester. They program. by having many of them coordinated and oc- will be providing much-needed free dental On Friday, February 6, 2004, the nation’s curring on the same day. At the same time, care to between 75 and 100 uninsured or dentists are providing free oral health care the campaign has provided a framework for underinsured children in the County. services to thousands of low-income children identifying, cataloging and recognizing the Mr. Speaker, I ask my colleagues to join me across the country. The ADA’s second annual many access programs that take place today in recognizing the dentists in Chester ‘‘Give Kids a Smile!’’ national children’s dental throughout the year. County, as well as those throughout our coun- access day, during National Children’s Dental In Chester County, Pennsylvania over 30 try, who are volunteering their time and serv- Health Month, will enhance the oral health of local dentists will be doing their part to provide ices so nobly on Friday to provide dental care large numbers of needy children. The ‘‘Give a wide range of dental services for under- to thousands of uninsured and underinsured Kids a Smile!’’ initiative is designed to nation- served children. These dentists and their staff children. ally promote the numerous charitable edu- members will be volunteering their time in the E122 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2004 SENATE COMMITTEE MEETINGS 10 a.m. amine the legislative presentation of Judiciary the Disabled American Veterans. Title IV of Senate Resolution 4, Antitrust, Competition Policy and Con- SH–216 agreed to by the Senate on February 4, sumer Rights Subcommittee 1977, calls for establishment of a sys- To hold hearings to examine cable indus- MARCH 2 tem for a computerized schedule of all try competition. 9:30 a.m. meetings and hearings of Senate com- SD–226 Armed Services mittees, subcommittees, joint commit- 1 p.m. To hold hearings to examine the defense Banking, Housing, and Urban Affairs tees, and committees of conference. authorization request for fiscal year International Trade and Finance Sub- 2005 and the future years defense pro- This title requires all such committees committee gram. to notify the Office of the Senate Daily To hold hearings to examine financial re- SH–216 Digest—designated by the Rules Com- construction in Iraq. 10 a.m. mittee—of the time, place, and purpose SD–538 Energy and Natural Resources of the meetings, when scheduled, and 2 p.m. To hold hearings to examine the Presi- any cancellations or changes in the Judiciary dent’s proposed fiscal year 2005 budget meetings as they occur. To hold hearings to examine judicial for the Forest Service. nominations. SD–366 As an additional procedure along SD–226 with the computerization of this infor- MARCH 4 mation, the Office of the Senate Daily FEBRUARY 12 10 a.m. Digest will prepare this information for 9:30 a.m. Veterans’ Affairs printing in the Extensions of Remarks Foreign Relations To hold joint hearings with the House Committee on Veterans’ Affairs to ex- section of the CONGRESSIONAL RECORD To hold hearings to examine policy and programs relating to the State Depart- amine the legislative presentations of on Monday and Wednesday of each the Non-Commissioned Officers Asso- week. ment. SR–325 ciation, the Military Order of the Pur- Meetings scheduled for Thursday, Governmental Affairs ple Heart, the Paralyzed Veterans of February 5, 2004 may be found in the Investigations Subcommittee America, the Jewish War Veterans, and the Blinded Veterans Association. Daily Digest of today’s RECORD. To hold hearings to examine Department of Defense contractors who are abusing 345 CHOB the federal tax system by either failing MEETINGS SCHEDULED to file tax returns or not paying their MARCH 10 taxes. 10 a.m. FEBRUARY 9 SD–342 Veterans’ Affairs 10 a.m. 10 a.m. To hold joint hearings with the House Governmental Affairs Budget Committee on Veterans’ Affairs to ex- To hold hearings to examine the Depart- To hold hearings to examine the Presi- amine the legislative presentation of ment of Homeland Security’s budget dent’s fiscal year 2005 budget proposals. the Veterans of Foreign Wars. for fiscal year 2005. SD–608 SH–216 SD–342 Energy and Natural Resources Governmental Affairs To hold hearings to examine the Presi- MARCH 18 To hold hearings to examine Department dent’s proposed fiscal year 2005 budget 10 a.m. of Homeland Security budget for fiscal for the Department of the Interior. Veterans’ Affairs year 2005. SD–366 To hold joint hearings with the House SD–342 2 p.m. Committee on Veterans Affairs to ex- Judiciary amine the legislative presentations of FEBRUARY 10 Immigration, Border Security and Citizen- the Air Force Sergeants Association, 9:30 a.m. ship Subcommittee the Retired Enlisted Association, Gold Armed Services To hold hearings to examine evaluating a Star Wives of America, and the Fleet To resume hearings to examine the De- temporary guest worker proposal. Reserve Association. fense Authorization request for Fiscal SD–226 345 CHOB Year 2005 and the future years defense 2:30 p.m. program. Energy and Natural Resources MARCH 25 SR–325 Public Lands and Forests Subcommittee 10 a.m. 10 a.m. To hold hearings to examine S. 1466, to Veterans’ Affairs Energy and Natural Resources facilitate the transfer of land in the To hold joint hearings with the House To hold hearings to examine the Presi- State of Alaska, S. 1421, to authorize Committee on Veterans’ Affairs to ex- dent’s proposed fiscal year 2005 budget the subdivision and dedication of re- amine the legislative presentations of for the Department of Energy. stricted land owned by Alaska Natives, the National Association of State Di- SD–366 S. 1649, to designate the Ojito Wilder- rectors of Veterans Affairs, AMVETS, 2 p.m. ness Study Area as wilderness, to take American Ex-Prisoners of War, the Veterans’ Affairs certain land into trust for the Pueblo Vietnam Veterans of America, and the To hold hearings to examine the of Zia, and S. 1910, to direct the Sec- Military Officers Association of Amer- Adminstration’s proposed fiscal year retary of Agriculture to carry out an ica. 2005 Department of Veterans Affairs’ inventory and management program 345 CHOB budget. for forests derived from public domain SR–418 land. SEPTEMBER 21 SD–366 10 a.m. FEBRUARY 11 Veterans’ Affairs 9:30 a.m. FEBRUARY 24 To hold joint hearings with the House Indian Affairs 2 p.m. Committee on Veterans’ Affairs to ex- To hold hearings to examine the Presi- Veterans’ Affairs amine the legislative presentation of dent’s fiscal year 2005 budget request. To hold joint hearings with the House the American Legion. SR–485 Committee on Veterans’ Affairs to ex- 345 CHOB Wednesday, February 4, 2004 Daily Digest

HIGHLIGHTS House and Senate met in a Joint Meeting to Receive His Excellency Jose Maria Aznar, President of the Government of Spain. House passed H.R. 3030, Improving the Community Services Block Grant Act. Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill at 10:30 Routine Proceedings, pages S549–S598 a.m., on Thursday, February 5, 2004. Pages S597–98 Measures Passed: California Missions Preservation Act—Agree- Homeland Security Technology Improvement ment: A unanimous-consent agreement was reached Act: Senate passed S. 1612, to establish a tech- providing that H.R. 1446, to support the efforts of nology, equipment, and information transfer pro- the California Missions Foundation to restore and re- gram within the Department of Homeland Security, pair the Spanish colonial and mission-era missions in after agreeing to the committee amendment in the the State of California and to preserve the artworks and artifacts of these missions, be referred to the nature of a substitute. Pages S596–97 Committee on Energy and Natural Resources. SAFE Transportation Equity Act: Senate contin- Page S596 ued consideration of S. 1072, to authorize funds for APPOINTMENTS: Federal-aid highways, highway safety programs, and transit programs, taking action on the following Task Force on Slave Laborers: The Chair, on behalf of amendments proposed thereto: Pages S549–68, S571–75 the President Pro Tempore, pursuant to S. Con. Res. Pending: 130 (106th Congress), appointed the following indi- Modified committee amendment in the nature of vidual to the Task Force on Slave Laborers: Virginia Walden-Ford, of Washington, D.C. Page S596 a substitute. Dorgan Amendment No. 2267, to exempt certain Nominations Confirmed: Senate confirmed the fol- agricultural producers from certain hazardous mate- lowing nomination: rials transportation requirements. Pages S571–75 By unanimous vote of 96 yeas (Vote No. Ex. 8), Gregg Amendment No. 2268 (to Amendment Mark R. Filip, of Illinois, to be United States Dis- No. 2267), to provide that certain public safety offi- trict Judge for the Northern District of Illinois. cials have the right to collective bargaining. Pages S568–71, S598 Pages S573–75 Messages From the House: Page S588 Withdrawn: Measures Referred: Pages S588–89 Bond Amendment No. 2265, to make certain im- Executive Communications: Pages S589–90 provements to the bill. Pages S554–68, S571 During consideration of this measure today, the Executive Reports of Committees: Pages S590–91 following action also occurred: Additional Statements: Page S588 Gregg Amendment No. 2266 (to Amendment Amendments Submitted: Pages S591–95 No. 2265), to provide that certain public safety offi- Authority for Committees to Meet: Page S596 cials have the right to collective bargaining, fell when Bond Amendment No. 2265, (listed above) Privilege of the Floor: Page S596 was withdrawn. Pages S557–68, S571 Record Votes: One record vote was taken today. (Total—8) Page S571 D55

VerDate jul 14 2003 03:45 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE4.REC D04FE4 D56 CONGRESSIONAL RECORD — DAILY DIGEST February 4, 2004 Adjournment: Senate convened at 1 p.m. and ad- BUSINESS MEETING journed at 7:09 p.m., until 9 a.m., on Thursday, Committee on Banking, Housing, and Urban Affairs. February 5, 2004. (For Senate’s program, see the re- Committee ordered favorably reported an original marks of the Majority Leader in today’s Record on bill entitled Federal Public transportation Act of page S598.) 2004. Committee Meetings HEALTH AND HUMAN SERVICES BUDGET Committee on Finance: Committee concluded a hearing (Committees not listed did not meet) to examine the Administration’s Health and Human Services budget priorities for fiscal year 2005, after DEFENSE AUTHORIZATION receiving testimony from Tommy G. Thompson, Committee on Armed Services: Committee concluded a Secretary of Health and Human Services. hearing to examine the Defense Authorization Re- UNITED STATES POSTAL SERVICE quest for fiscal year 2005 and future years defense program, after receiving testimony from Donald H. Committee on Governmental Affairs: Committee con- Rumsfeld, Secretary of Defense; and General Peter cluded a hearing to examine workforce issues relat- Pace, USMC, Vice Chairman, Joint Chiefs of Staff. ing to preserving a strong United States Postal Serv- ice, after receiving testimony from Walter M. BUSINESS MEETING Olihovik, National Association of Postmasters of the Committee on Armed Services: Committee ordered favor- United States, Steve D. LeNoir, National League of ably reported the nominations of Lawrence T. Di Postmasters, and Ted Keating, National Association Rita, of Michigan, to be an Assistant Secretary of of Postal Supervisors, all of Alexandria, Virginia; Defense for Public Affairs, and Francis J. Harvey, of John Calhoun Wells, San Antonio, Texas, former Di- California, to be an Assistant Secretary of Defense for rector of Federal Mediation and Conciliation Service; Networks and Information Integration, and 438 James L. Medoff, Harvard University, Cambridge, military nominations in the Army, Navy and Air Massachusetts; and Michael L. Wachter, University Force. of Pennsylvania Law School, Philadelphia. h House of Representatives (OH), Bereuter, Weller, Pelosi, Hoyer, Menendez, Chamber Action Lantos, and Rodriguez and Senators Frist, Stevens, Measures Introduced: 18 public bills, H.R. Santorum, Kyl, Allen, Lugar, Smith, Daschle, and 3763–3780; and 8 resolutions, H. Con. Res. Dodd. Pages H311–13 357–359, and H. Res. 515–519 were introduced. Recess: The House recessed at 11:30 a.m. and re- Pages H391–92 convened at 12:06 p.m. Page H314 Additional Cosponsors: Pages H392–393 Improving the Community Services Block Grant Reports Filed: No reports were filed today. Act of 2003: The House passed H.R. 3030, to Chaplain: Today’s prayer was offered by Rev. Dr. amend the Community Service Block Grant Act to Michael J. Easley, Senior Pastor, Immanuel Bible provide for quality improvements by voice vote. Church in Springfield, Virginia. Page H311 Pages H319–59 Pursuant to the rule, the amendment in the na- Recess: The House recessed at 10:05 a.m. and re- ture of a substitute recommended by the Committee convened at 10:50 a.m. Page H311 on Education and the Workforce printed in the bill Joint Meeting to Receive His Excellency Jose was considered as an original bill for the purpose of Maria Aznar, President of the Government of amendment. Pages H325–26 Spain: The House and Senate met in a Joint Meet- Agreed to: ing to receive His Excellency Jose Maria Aznar, George Miller of California amendment (No. 5 President of the Government of Spain. He was es- printed in the Congressional Record of February 3) corted into the House Chamber by a committee comprised of Representatives DeLay, Blunt, Pryce

VerDate jul 14 2003 03:45 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE4.REC D04FE4 February 4, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D57 that authorizes additional funds for a six month ex- agreed to H. Res. 497, commending the Wake For- tension of unemployment benefits (agreed to by a re- est University Demon Deacons field hockey team for corded vote of 227 ayes to 179 noes, Roll No. 18). winning the 2003 National Collegiate Athletic Asso- Pages H347–58 ciation Division I Field Hockey Championship. Rejected: Pages H364–65 Woolsey amendment in the nature of a substitute Congratulating the St. John’s University, (No. 4 printed in the Congressional Record of Feb- Collegeville, Minnesota, Football Team: The ruary 3) that sought to insert a provision that pro- House agreed to H. Res. 493, congratulating the St. hibits organizations from using Community Services John’s University, Collegeville, Minnesota, football Block Grant funds to discriminate in hiring on the team on winning the 2003 NCAA Division III Foot- basis of religion (rejected by a recorded vote of 183 ball National Championship. Page H365 ayes to 232 noes, Roll No. 17); Pages H326–44, H347 Scott of Virginia amendment (No. 2 printed in Congratulating the New England Patriots: The the Congressional Record of February 3) that sought House agreed to H. Res. 512, congratulating the to require that organizations offering religious serv- New England Patriots for winning Super Bowl ices or activities, do so separately from programs that XXXVIII. Pages H365–68 use Community Services Block Grant funds (rejected Meeting Hour: Agreed that when the House ad- by a recorded vote of 180 ayes to 233 noes, Roll journ today, it adjourn to meet at 12 noon on Fri- No.16); and Pages H344–45, H346–47 day, February 6, and further that when the House Scott of Virginia amendment (No. 1 printed in adjourns on that day, it adjourn to meet at 12:30 the Congressional Record of February 3) that sought p.m. on Tuesday, February 10 for morning hour de- to prohibit the use of federal Community Services bate. Page H361 Block Grant funds to discriminate in hiring on the basis of religion (rejected by a recorded vote of 182 Calendar Wednesday: Agreed to dispense with the Calendar Wednesday business of Wednesday, Feb- ayes to 231 noes, Roll No.15). Pages H345–346 Agreed by unanimous consent to limit the time ruary 11. Page H361 for debate on the George Miller of California amend- Quorum Calls—Votes: Four recorded votes devel- ment. Page H352 oped during the proceedings of the House today and Agreed by unanimous consent to authorize the appear on pages H345–46, H346–47, H347, and Clerk to make technical and conforming changes to H358. There were no yea-and-nay votes or quorum the bill. Page H359 calls. H. Res. 513, the rule providing for consideration Adjournment: The House met at 10 a.m. and ad- of the bill was agreed to by a voice vote. journed at 9:31 p.m. Pages H314–319 Recognizing the University of Southern Califor- Committee Meetings nia’s accomplishments in sports: The House agreed to H. Res. 511, recognizing the accomplish- PUBLIC DIPLOMACY PROGRAMS ments of the University of Southern California’s foot- Committee on Appropriations: Subcommittee on Com- ball, women’s volleyball, and men’s water polo merce, Justice, State, Judiciary and Related Agencies teams. Pages H361–62 held a hearing on the Recommendations of the Ad- Congratulating the Grand Valley State University visory Group on Public Diplomacy for the Arab and Lakers Football Team: The House agreed to H. Muslim World. Testimony was heard from Ambas- Res. 498, congratulating the Grand Valley State sador Margaret Tutwiler, Under Secretary, Public University Lakers football team for winning the Diplomacy and Public Affairs, Department of State; 2003 National Collegiate Athletic Association Divi- and the following officials of the Advisory Group on sion II Football National Championship. Public Diplomacy for the Arab and Muslim World: Pages H362–63 Ambassador Edward Djerejian, Chairman; and Am- bassador David Abshire. Congratulating the University of Delaware Men’s Football Team: The House agreed to H. Con. Res. NATIONAL DEFENSE AUTHORIZATION 355, congratulating the University of Delaware BUDGET REQUEST FISCAL YEAR 2005 men’s football team for winning the National Colle- Committee on Armed Services: Held a hearing on the giate Athletic Association I–AA national champion- Fiscal Year 2005 National Defense Authorization ship. Pages H363–64 Budget Request from the Department of Defense. Commending the Wake Forest University Testimony was heard from the following officials of Demon Deacons Field Hockey Team: The House the Department of Defense: Donald H. Rumsfeld,

VerDate jul 14 2003 03:45 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE4.REC D04FE4 D58 CONGRESSIONAL RECORD — DAILY DIGEST February 4, 2004 Secretary; Gen. Peter Pace, USMC, Vice Chairman, mony was heard from Representative Walden of Or- Joint Chiefs of Staff; and Dov Zakheim, Under Sec- egon; and public witnesses. retary (Comptroller). TREASURY DEPARTMENT BUDGET OVERSIGHT—FOREST INDUSTRY—ISSUES PRIORITIES FISCAL YEAR 2005 AFFECTING JOBS Committee on the Budget: Held a hearing on the De- Committee on Resources: Subcommittee on Forests and partment of the Treasury Budget Priorities Fiscal Forest Health held an oversight hearing on Issues Year 2005. Testimony was heard from John W. Affecting Jobs in the Forest Industry. Testimony was Snow, Secretary of the Treasury; and a public wit- heard from public witnesses. ness. MISCELLANEOUS MEASURES COMMUNICATIONS MARKETPLACE— CURRENT STATE OF COMPETITION Committee on Science: Ordered reported the following measures: H.R. 912, amended, Charles ‘Pete’ Conrad Committee on Energy and Commerce: Subcommittee on Astronomy Awards Act; H.R. 1292, amended, Re- Telecommunications and the Internet held a hearing mote Sensing Applications Act of 2003; H.R. 3389, entitled ‘‘The Current State of Competition in the to amend the Stevenson-Wydler Technology Innova- Communications Marketplace.’’ Testimony was heard tion Act of 1980 to permit Malcolm Baldridge Na- from public witnesses. tional Quality Awards to be made to nonprofit orga- CORPORATE GOVERNANCE—ROLE OF nizations; H.R. 3551, amended, Surface Transpor- ATTORNEYS tation Research and Development Act of 2004; H.R. Committee on Financial Services: Subcommittee on Cap- 3752, Commercial Space Launch Amendments Act ital Markets, Insurance, and Government Sponsored of 2004; and H. Con. Res. 189, amended, Cele- Enterprises held a hearing entitled ‘‘The Role of At- brating the 50th anniversary of the International torneys in Corporate Governance.’’ Testimony was Geophysical Year (IGY) and supporting an Inter- heard from public witnesses. national Geophysical Year-2 (IGY–2) in 2007–08. ‘‘SHOULD WE PART WAYS WITH GPRA?’’ ADMINISTRATION’S PROPOSED BUDGET— Committee on Government Reform: Subcommittee on DEPARTMENT OF VETERANS AFFAIRS Government Efficiency and Financial Management Committee on Veterans’ Affairs: Held a hearing on the held an oversight hearing entitled ‘‘Should We Part Administration’s proposed Fiscal Year 2005 budget Ways with GPRA?’’ Testimony was heard from Paul for the Department of Veterans Affairs. Testimony Posner, Director, Strategic Issues, GAO; and public was heard from Anthony J. Principi, Secretary of witnesses Veterans Affairs; and representatives of veterans orga- L VISAS: LOSING JOBS THROUGH LAISSEZ- nizations. FAIRE POLICIES? COMMITTEE BUSINESS Committee on International Relations: Held a hearing on BRIEFING—GLOBAL INTELLIGENCE L Visas: Losing Jobs Through Laissez-Faire Policies? UPDATE Testimony was heard from public witnesses. Permanent Select Committee on Intelligence: Sub- The Committee also considered pending Com- committee on Intelligence Policy and National Secu- mittee business. rity met in executive session to receive a briefing on FRAUDULENT ONLINE IDENTITY Global Intelligence Update. The Subcommittee was SANCTIONS ACT briefed by departmental witnesses. Committee on the Judiciary: Subcommittee on Courts, HOMELAND SECURITY ADVISORY SYSTEM the Internet, and Intellectual Property held a hearing on H.R. 3754, Fraudulent Online Identity Sanctions Select Committee on Homeland Security: Held a hearing Act. Testimony was heard from public witnesses. entitled ‘‘The Homeland Security Advisory System: Improving Preparedness through Effective Warn- IMPACT OF SCIENCE ON PUBLIC POLICY ing.’’ Testimony was heard from James M. Loy, Dep- Committee on Resources: Subcommittee on Energy and uty Secretary, Department of Homeland Security; Mineral Resources held an oversight hearing entitled and John O. Brennan, Director, Terrorist Threat In- ‘‘The Impact of Science on Public Policy.’’ Testi- tegration Center.

VerDate jul 14 2003 03:45 Feb 05, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE4.REC D04FE4 February 4, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D59 COMMITTEE MEETINGS FOR THURSDAY, Committee on the Judiciary: to hold hearings to examine FEBRUARY 5, 2004 the nominations of William Gerry Myers III, of Idaho, to be United States Circuit Judge for the Ninth Circuit, (Committee meetings are open unless otherwise indicated) William S. Duffey, Jr., to be United States District Judge for the Northern District of Georgia, and Lawrence F. Senate Stengel, to be United States District Judge for the East- Committee on Foreign Relations: to hold a closed briefing ern District of Pennsylvania, 10 a.m., 2141–RHOB. regarding security preparations for 2004 Olympic Games, House 2:30 p.m., S–407, Capitol. No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, February 5, 2004 12 noon, Friday, February 6

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Friday: The House will meet at 12 noon morning business (not to extend beyond 10:30 a.m.), Sen- in pro forma session. ate will continue consideration of S. 1072, SAFE Trans- portation Equity Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gutierrez, Luis V., Ill., E115 Ney, Robert W., Ohio, E118 Hart, Melissa A., Pa., E110 Pombo, Richard W., Calif., E110 Baca, Joe, Calif., E119 Hastert, J. Dennis, Ill., E107 Quinn, Jack, N.Y., E108 Bell, Chris, Tex., E109 Hinojosa, Rube´n, Tex., E118 Rodriguez, Ciro D., Tex., E120 Bilirakis, Michael, Fla., E118 Holt, Rush D., N.J., E120 Rush, Bobby L., Ill., E116 Bishop, Rob, Utah, E111 Honda, Michael M., Calif., E107, E108 Ryun, Jim, Kans., E116 Calvert, Ken, Calif., E119 Houghton, Amo, N.Y., E118 Shuster, Bill, Pa., E113 Cantor, Eric, Va., E111 Kaptur, Marcy, Ohio, E111 Skelton, Ike, Mo., E112 Capito, Shelley Moore, W.Va., E110 Kennedy, Mark R., Minn., E113 Slaughter, Louise McIntosh, N.Y., E111 Crenshaw, Ander, Fla., E109 Knollenberg, Joe, Mich., E109 Deutsch, Peter, Fla., E120 Langevin, James R., R.I., E119 Solis, Hilda L., Calif., E120 Diaz-Balart, Lincoln, Fla., E118 Linder, John, Ga., E113 Souder, Mark E., Ind., E116 Dingell, John D., Mich., E115, E118 Lofgren, Zoe, Calif., E117 Thomas, William M., Calif., E119 Eshoo, Anna G., Calif., E112 McCollum, Betty, Minn., E109 Thompson, Mike, Calif., E112 Feeney, Tom, Fla., E108 Myrick, Sue Wilkins, N.C., E107 Udall, Mark, Colo., E112, E115 Frank, Barney, Mass., E114 Nadler, Jerrold, N.Y., E115 Visclosky, Peter J., Ind., E115 Gerlach, Jim, Pa., E120 Napolitano, Grace F., Calif., E116 Vitter, David, La., E110 Gonzalez, Charles A., Tex., E113 Neal, Richard E., Mass., E110 Wolf, Frank R., Va., E107

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