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

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

Vol. 150 WASHINGTON, THURSDAY, APRIL 29, 2004 No. 57 House of Representatives The House met at 10 a.m. PLEDGE OF ALLEGIANCE Now some are calling for increased The Reverend Dr. Nathan D. Baxter, The SPEAKER. Will the gentleman reliance on the United Nations to de- Rector, St. James Episcopal Church, from Texas (Mr. STENHOLM) come for- termine our foreign policy? I do not Lancaster, Pennsylvania, offered the ward and lead the House in the Pledge think so. following prayer: of Allegiance. f Let us pray. Mr. STENHOLM led the Pledge of Al- Blessed Lord, we pause at the begin- legiance as follows: U.S. FARM PROGRAMS ning of this House’s work to acknowl- I pledge allegiance to the Flag of the (Mr. STENHOLM asked and was edge You, the author of liberty. We United States of America, and to the Repub- given permission to address the House thank You for the spirit of freedom so lic for which it stands, one nation under God, for 1 minute and to revise and extend indivisible, with liberty and justice for all. deeply endowed in the heart of this Na- his remarks.) tion. We also thank You for the great f Mr. STENHOLM. Mr. Speaker, this work of democracy, the fruit of liberty, IRAQ OIL-FOR-FOOD PROGRAM week a ruling by a committee of the to which this House is dedicated. (Mr. MURPHY asked and was given WTO seems to have been interpreted by We pray for its Members, its officers permission to address the House for 1 too many in the press that this was the and staff. For just as we believe democ- minute and to revise and extend his re- end of farm programs in the United racy is inspired of You, we also know marks.) States. Furthest from the truth. its human work can be difficult and Mr. MURPHY. Mr. Speaker, the Iraq Let me encourage everyone to be pa- complex, especially in these times of Oil-for-Food Program was established tient until the 400-something-page re- momentous decisions for our Nation in 1996 to ensure adequate food, medi- port is read and deciphered by the and beyond, times of war and terrorist cine, and supplies were available for House Committee on Agriculture and threat, times of economic uncertainty. the Iraqi people despite U.N.-imposed the Department of Agriculture, and We need the strength of Your spirit. sanctions. It was meant to keep food then let us see exactly what they have So hear our prayer for those we have on the table of the oppressed, not said. Do not panic. chosen to represent us in these times. money in the hands of the oppressors. And let me remind everyone in the We ask that You would grant each one We are now finding out the program United States that we are truly blessed an extra measure of courage to act was filled with corruption and the Iraqi to live in a country that has the most rightly when partisan passions beckon, people were not in fact the bene- abundant food supply, the best quality and give them the grace of patience in ficiaries. of food, the safest food supply, at the discerning answers when truth is not The very leader that kept them in lowest cost to our people of any other clear. utter poverty was using the program to country in the world. And to those who Finally, we pray not just for this line his own pockets and enrich his are critical of our farm programs that House, but for all of us, legislators and friends. This corruption was made pos- feed the American people in this way, citizens, that neither the diligent work sible by U.N.-member countries and take a good hard look and realize when of democracy nor the privilege of its senior U.N. officials. you sit down at the dinner table to- fruits will ever long distract us from Saddam Hussein stole $10 billion; night it is because of the American the truth of its purpose, which is lib- and, in exchange for their help, several farmer and rancher. erty and justice for all. Blessed Lord, members of the U.N. Security Council f hear our prayer. Amen. secretly received billions of barrels of Iraqi crude at cut-rate prices. These APPOINTMENT OF HON. MAC f nations publicly supported the goals of THORNBERRY TO ACT AS SPEAK- the Oil-for-Food Program while pri- ER PRO TEMPORE TO SIGN EN- ROLLED BILLS AND JOINT RESO- THE JOURNAL vately undermining it. For the United Nations to allow this LUTIONS THROUGH MAY 4, 2004 The SPEAKER. The Chair has exam- to go on for 7 years is unconscionable. The SPEAKER laid before the House ined the Journal of the last day’s pro- The U.N. was responsible for overseeing the following communication: ceedings and announces to the House a program designed to provide aid to WASHINGTON, DC, his approval thereof. Iraqi citizens; and, instead, on the April 29, 2004. Pursuant to clause 1, rule I, the Jour- U.N.’s watch, the program strength- I hereby appoint the Honorable MAC nal stands approved. ened the Hussein regime. THORNBERRY to act as Speaker pro tempore

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 mar 24 2004 00:28 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.000 H29PT1 H2486 CONGRESSIONAL RECORD — HOUSE April 29, 2004 to sign enrolled bills and joint resolutions tleman from Indiana (Mr. BURTON) is tleman from Maryland (Mr. WYNN) is through May 4, 2004. recognized for 5 minutes. recognized for 5 minutes. J. DENNIS HASTERT, (Mr. BURTON of Indiana addressed (Mr. WYNN addressed the House. His Speaker of the House of Representatives. the House. His remarks will appear remarks will appear hereafter in the The SPEAKER. Without objection, hereafter in the Extensions of Re- Extensions of Remarks.) the appointment is approved. marks.) f There was no objection. f The SPEAKER pro tempore. Under a f The SPEAKER pro tempore. Under a previous order of the House, the gentle- previous order of the House, the gen- SPECIAL ORDERS woman from California (Ms. WOOLSEY) tleman from Michigan (Mr. CONYERS) is is recognized for 5 minutes. The SPEAKER pro tempore (Mr. recognized for 5 minutes. (Ms. WOOLSEY addressed the House. KIRK). Under the Speaker’s announced (Mr. CONYERS addressed the House. Her remarks will appear hereafter in policy of January 7, 2003, and under a His remarks will appear hereafter in the Extension of Remarks.) previous order of the House, the fol- the Extensions of Remarks.) f lowing Members will be recognized for f 5 minutes each. The SPEAKER pro tempore. Under a SPECIAL ORDERS GRANTED f previous order of the House, the gen- By unanimous consent, permission to tleman from Pennsylvania (Mr. MUR- address the House, following the legis- ARMOR FOR SOLDIERS PHY) is recognized for 5 minutes. lative program and any special orders The SPEAKER pro tempore. Under a (Mr. MURPHY addressed the House. heretofore entered, was granted to: previous order of the House, the gen- His remarks will appear hereafter in (The following Members (at the re- tleman from Utah (Mr. MATHESON) is the Extension of Remarks.) quest of Mr. MATHESON) to revise and recognized for 5 minutes. f extend their remarks and include ex- Mr. MATHESON. Mr. Speaker, a cou- The SPEAKER pro tempore. Under a traneous material:) ple of weeks ago, some of my constitu- previous order of the House, the gen- Mr. MATHESON, for 5 minutes, today. ents who are currently serving in Iraq tleman from Oregon (Mr. DEFAZIO) is Mr. CONYERS, for 5 minutes, today. with the 419th Transportation Com- recognized for 5 minutes. Mr. DEFAZIO, for 5 minutes, today. pany learned that their deployment (Mr. DEFAZIO addressed the House. Mr. BROWN of Ohio, for 5 minutes, would be extended. These Army Re- His remarks will appear hereafter in today. servists and their unit have already the Extensions of Remarks.) Mr. PALLONE, for 5 minutes, today. served with great distinction since f Ms. NORTON, for 5 minutes, today. March of 2003. Their families and loved The SPEAKER pro tempore. Under a Ms. JACKSON-LEE of Texas, for 5 min- ones are understandably concerned previous order of the House, the gen- utes, today. that these soldiers will not return tleman from Ohio (Mr. BROWN) is rec- Mr. MCDERMOTT, for 5 minutes, home this week, as was originally ognized for 5 minutes. today. planned, but instead will remain in (Mr. BROWN of Ohio addressed the Mr. WYNN, for 5 minutes, today. Iraq. House. His remarks will appear here- Ms. WOOLSEY, for 5 minutes, today. The continued turmoil in Iraq obvi- after in the Extensions of Remarks.) f ously calls on greater sacrifices from members of the Armed Forces, but f ADJOURNMENT The SPEAKER pro tempore. Under a what is of particular concern is that Mr. COBLE. Mr. Speaker, I move previous order of the House, the gen- these soldiers may not be adequately that the House do now adjourn. tleman from New Jersey (Mr. PALLONE) equipped for their mission. Though all The motion was agreed to; accord- is recognized for 5 minutes. members of the 419th have body armor, ingly (at 10 o’clock and 10 minutes (Mr. PALLONE addressed the House. it has been reported to me that none of a.m.), the House adjourned until Fri- His remarks will appear hereafter in their vehicles have been armored. day, April 30, 2004, at 10 a.m. Given that this unit may travel along the Extensions of Remarks.) f dangerous and challenging routes in f southern and central Iraq, armored The SPEAKER pro tempore. Under a EXECUTIVE COMMUNICATIONS, plating on all vehicles is not only com- previous order of the House, the gentle- ETC. mon sense but it is imperative. woman from the District of Columbia Under clause 8 of rule XII, executive Congress has provided many defense (Ms. NORTON) is recognized for 5 min- communications were taken from the resources via the appropriations proc- utes. Speaker’s table and referred as follows: (Ms. NORTON addressed the House. ess, as well it should; and it was my un- 7870. A letter from the Deputy Associate derstanding that this funding was to Her remarks will appear hereafter in Administrator, Environmental Protection ensure that all soldiers have body the Extensions of Remarks.) Agency, transmitting the Agency’s final rule armor and armored vehicles. If not, I f — Revocation of Tolerance Exemptions for would hope that the Department of De- The SPEAKER pro tempore. Under a Certain Biopesticides [OPP-2003-0416; FRL- fense would be quick to ask for addi- previous order of the House, the gentle- 7353-5] received April 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- tional support from the Congress, as I woman from Texas (Ms. JACKSON-LEE) am certain that providing the best pos- riculture. is recognized for 5 minutes. 7871. A letter from the Assistant Secretary sible tools for soldiers in theater is of (Ms. JACKSON-LEE of Texas ad- of Defense for Health Affairs, Department of paramount priority for many in Con- dressed the House. Her remarks will Defense, transmitting Report on the quality gress, like myself. appear hereafter in the Extensions of of health care furnished under the health I am well aware of the current de- Remarks.) care programs of the Department of Defense mands faced by American soldiers and f covering FY 2002, pursuant to 10 U.S.C. 1071 the sacrifices made by family members Public Law 106—65, section 723; to the Com- The SPEAKER pro tempore. Under a mittee on Armed Services. and loved ones. American soldiers have previous order of the House, the gen- always excelled in their military duties 7872. A letter from the Acting Under Sec- tleman from Washington (Mr. retary, Department of Defense, transmitting at a time when many of our troops are MCDERMOTT) is recognized for 5 min- the Secretary’s certification that the full-up, deployed for a year or more. I think it utes. system level Live Fire Test and Evaluation is imperative that Congress and the (Mr. MCDERMOTT addressed the (LFT&E) of the Department of the Navy’s Federal Government adequately pro- House. His remarks will appear here- lead CVN 21 aircraft carrier would be unrea- vide for them. after in the Extensions of Remarks.) sonably expensive and impracticable, pursuant to 10 U.S.C. 2366(c)(1); to the Committee f f on Armed Services. The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a 7873. A letter from the Under Secretary, previous order of the House, the gen- previous order of the House, the gen- Department of Defense, transmitting a letter

VerDate mar 24 2004 23:47 Apr 29, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.001 H29PT1 April 29, 2004 CONGRESSIONAL RECORD — HOUSE H2487 on the approved retirement of Lieutenant 7882. A letter from the Deputy Assistant 801(a)(1)(A); to the Committee on Energy and General Edward G. Anderson III, United Administrator, Office of Diversion Control, Commerce. States Army, and his advancement to the DEA, Department of Justice, transmitting 7891. A letter from the Deputy Associate grade of lieutenant general on the retired the Department’s final rule — Schedules of Administrator, Environmental Protection list; to the Committee on Armed Services. Controlled Substances: Extension of Tem- Agency, transmitting the Agency’s final rule 7874. A letter from the Acting Under Sec- porary Placement of Alpha- — Revisions to the California States Imple- retary, Department of Defense, transmitting Methyltryptamine (AMT) and 5-Methoxy-N, mentation Plan, San Joaquin Valley Unifed a report presenting the specific amounts of N-Diisopropyltryptamine (5-MeO-DIPT) in Air Pollution Control District [CA 083-0436a; staff-years of technical effort to be allocated Schedule I of the Controlled Substances Act FRL-7650-4] received April 21, 2004, pursuant for each defense federally funded research [Docket No. DEA-251E] received April 13, to 5 U.S.C. 801(a)(1)(A); to the Committee on and development center (FFRDC) during FY 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Energy and Commerce. 2005, pursuant to Public Law 108—87, section Committee on Energy and Commerce. 7892. A letter from the Deputy Associate 8029(e); to the Committee on Armed Services. 7883. A letter from the Deputy Associate Administrator, Environmental Protection 7875. A letter from the Acting Under Sec- Administrator, Environmental Protection Agency, transmitting the Agency’s final rule retary, Department of Defense, transmitting Agency, transmitting the Agency’s final rule — Revisions to the California State Imple- purusant to section 2433 of title 10, United — Air Quality Designations and Classifica- mentation Plan, South Coast Air Quality States Code, certification with respect to the tions for the 8-Hour Ozone National Ambient Management District [CA 304-0446a; FRL- Evolved Expendable Launch Vehicle (EELV) Air Quality Standards; Early Action Com- 7651-3] received April 21, 2004, pursuant to 5 major defense acquisition program that: pact Areas with Deferred Effective Dates U.S.C. 801(a)(1)(A); to the Committee on En- such acquisition program is essential to the [OAR-2003-0083; FRL-7651-8] (RIN: 2060-) re- ergy and Commerce. national security; there are no alternatives ceived April 21, 2004, pursuant to 5 U.S.C. 7893. A letter from the Deputy Associate to such acquisition program which will pro- 801(a)(1)(A); to the Committee on Energy and Administrator, Environmental Protection vide equal or greater military capability at Commerce. Agency, transmitting the Agency’s final rule less cost; the new estimates of the program 7884. A letter from the Deputy Associate — South Dakota; Final Authorization of acquisition unit cost or procurement unit Administrator, Environmental Protection State Hazardous Waste Management Pro- cost are reasonable; and the management Agency, transmitting the Agency’s final rule gram Revision [FRL-7653-2] received April 21, structure for the acquisition program is ade- — Approval and Promulgation of Implemen- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the quate to manage and control program acqui- tation Plans and Designation of Areas for Committee on Energy and Commerce. sition cost or procurement unit cost; to the Air Quality Planning Purposes; Arizona [AZ 7894. A letter from the Secretary, Federal Committee on Armed Services. 116-0059a; FRL-7651-1] received April 21, 2004, Trade Commission, transmitting the Com- 7876. A letter from the President and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mission’s final rule — Rule Concerning Dis- Chairman, Export-Import Bank of the United mittee on Energy and Commerce. closures Regarding Energy Consumption and States, transmitting a report on trans- 7885. A letter from the Deputy Associate Water Use of Certain Home Appliances and actions involving U.S. exports to the Repub- Administrator, Environmental Protection Other Products Required Under the Energy lic of Korea pursuant to Section 2(b)(3) of the Agency, transmitting the Agency’s final rule Policy and Conservation Act (‘‘Appliance La- Export-Import Bank Act of 1945, as amended, — Approval and Promulgation of Implemen- beling Rule’’) — received April 27, 2004, pur- pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- tation Plans, Finding of Attainment, and suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. Designation of Areas for Air Quality Plan- mittee on Energy and Commerce. 7877. A letter from the Director, Regula- ning Purposes; 1-Hour Ozone Standard, East 7895. A letter from the Assistant Secretary tions Policy and Management Sta., FDA, De- Kern County, California [CA 118-PLANa; for Legislative Affairs, Department of State, partment of Health and Human Services, FRL-7641-7] received April 21, 2004, pursuant transmitting a report on the activities of the transmitting the Department’s final rule — to 5 U.S.C. 801(a)(1)(A); to the Committee on Multinational Force and Observers (MFO) Food Additives Permitted in Feed and Energy and Commerce. and certain financial information concerning Drinking Water of Animals; Natamycin 7886. A letter from the Deputy Associate U.S. Government participation in that orga- [Docket No. 1995F-0221] received April 27, Administrator, Environmental Protection nization, pursuant to 22 U.S.C. 3425; to the 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Agency, transmitting the Agency’s final rule Committee on International Relations. Committee on Energy and Commerce. — Determination of Attainment of the 1- 7896. A letter from the Assistant Secretary 7878. A letter from the Director, Regula- Hour Ozone Standard; Determination Re- for Legislative Affairs, Department of State, tions Policy and Management Sta., FDA, De- garding Applicability of Certain Clean Air transmitting notification of a proposed li- partment of Health and Human Services, Act Requirements; Approval and Promulga- cense for the export of major defense equip- transmitting the Department’s final rule — tion of Oxone Attainment Plan; San Fran- ment sold commercially to Israel (Trans- Registration of Food Facilities Under the cisco Bay Area, California [CA258-0442(A); mittal No. DDTC-001-04), pursuant to 22 Public Health Security and Bioterrorism FRL-7645-7] received April 21, 2004, pursuant U.S.C. 2776(c); to the Committee on Inter- Preparedness and Reponse Act of 2002; Re- to 5 U.S.C. 801(a)(1)(A); to the Committee on national Relations. opening of Comment Period [Docket No. Energy and Commerce. 7897. A letter from the Assistant Secretary 2002N-0276] received April 27, 2004, pursuant 7887. A letter from the Deputy Associate for Legislative Affairs, Department of State, to 5 U.S.C. 801(a)(1)(A); to the Committee on Administrator, Environmental Protection transmitting certification of a proposed Energy and Commerce. Agency, transmitting the Agency’s final rule Manufacturing License Agreement with 7879. A letter from the Director, Regula- — Approval of RFP for Capacity Building Japan (Transmittal No. DTC 009-04), pursu- tions Policy and Management Sta., FDA, De- Project in NIS — received April 21, 2004, pur- ant to 22 U.S.C. 2776(d); to the Committee on partment of Health and Human Services, suant to 5 U.S.C. 801(a)(1)(A); to the Com- International Relations. transmitting the Department’s final rule — mittee on Energy and Commerce. 7898. A letter from the Assistant Legal Ad- Prior Notice of Imported Food Under the 7888. A letter from the Deputy Associate viser for Treaty Affairs, Department of Public Health Security and Bioterrorism Administrator, Environmental Protection State, transmitting copies of international Preparedness and Response Act of 2002; Re- Agency, transmitting the Agency’s final rule agreements, other than treaties, entered into opening of Comment Period [Docket No. — Hazardous Waste Management System; by the United States, pursuant to 1 U.S.C. 2002N-0278] received April 27, 2004, pursuant Identification and Listing of Hazardous 112b(a); to the Committee on International to 5 U.S.C. 801(a)(1)(A); to the Committee on Waste; Final Exclusion [SW-FRL-7651-4] re- Relations. Energy and Commerce. ceived April 21, 2004, pursuant to 5 U.S.C. 7899. A letter from the Deputy Secretary, 7880. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Energy and Department of the Treasury, transmitting as tions Policy and Management Sta., FDA, De- Commerce. required by section 401(c) of the National partment of Health and Human Services, 7889. A letter from the Deputy Associate Emergencies Act, 50 U.S.C. 1641(c), and sec- transmitting the Department’s final rule — Administrator, Environmental Protection tion 204(c) of the International Emergency Secondary Direct Food Additives Permitted Agency, transmitting the Agency’s final rule Economic Powers Act, 50 U.S.C. 1703(c), and in Food for Human Consumption [Docket No. — Interim Final Action to Stay and Defer pursuant to Executive Order 13313 of July 31, 2002F-0181] received April 14, 2004, pursuant Sanctions Based on Attainment of the 1-hour 2003, a six-month periodic report on the na- to 5 U.S.C. 801(a)(1)(A); to the Committee on Ozone Standard for the San Francisco Bay tional emergency with respect to significant Energy and Commerce. Area, California [CA258-0442(B); FRL-7645-8] narcotics traffickers centered in Colombia 7881. A letter from the Director, Regula- received April 21, 2004, pursuant to 5 U.S.C. that was declared in Executive Order 12978 of tions Policy and Management Sta., FDA, De- 801(a)(1)(A); to the Committee on Energy and October 21, 1995; to the Committee on Inter- partment of Health and Human Services, Commerce. national Relations. transmitting the Department’s final rule — 7890. A letter from the Deputy Associate 7900. A letter from the Under Secretary, Bar Code Label Requirement for Human Administrator, Environmental Protection Department of Defense, transmitting a letter Drug Products and Biological Products; Cor- Agency, transmitting the Agency’s final rule on the approved retirement of Lieutenant rection [Docket No. 2002N-0204] received — Revisions to the California State Imple- General Tome H. Walters, Jr., United States April 27, 2004, pursuant to 5 U.S.C. mentation Plan, Kern County Air Pollution Air Force, and his advancement to the grade 801(a)(1)(A); to the Committee on Energy and Control District [CA 218-0433a; FRL-7640-7] of lieutenant general on the retired list; to Commerce. received April 21, 2004, pursuant to 5 U.S.C. the Committee on Armed Services.

VerDate mar 24 2004 23:47 Apr 29, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29PT1 H2488 CONGRESSIONAL RECORD — HOUSE April 29, 2004 7901. A letter from the Assistant Secretary ment of Justice Appropriations Authoriza- for review prior to removing any individual for Legislative Affairs, Department of State, tion Act of 2002 [Docket No. CIV101F; AG from the official list of eligible voters by transmitting a copy of Presidential Deter- Order No. 2711-2004] (RIN: 1105-AA75) received reason of criminal conviction or mental in- mination No. 2004-27 on Waiving Prohibition April 21, 2004, pursuant to 5 U.S.C. capacity; to the Committee on House Admin- on United States Military Assistance to Par- 801(a)(1)(A); to the Committee on the Judici- istration. ties to the Rome Statute Establishing the ary. By Mr. SMITH of New Jersey (for him- International Criminal Court, pursuant to 22 7909. A letter from the Senior Staff Attor- self, Mr. EVANS, Mr. SIMMONS, Mr. U.S.C. 7421 et. seq; to the Committee on ney, United States Court of Appeals for the BILIRAKIS, Ms. CORRINE BROWN of International Relations. First Circuit, transmitting an opinion of the Florida, Mr. REYES, Mr. WILSON of 7902. A letter from the Assistant Secretary United States Court of Appeals for the First South Carolina, Mr. BAKER, Mrs. for Legislative Affairs, Department of State, Circuit (No. 03-9006 — In re Bankvest Capital MALONEY, Mr. MILLER of Florida, Mr. transmitting a letter to inform that the De- Corp. (March 15, 2004)); to the Committee on BURTON of Indiana, Mr. SANDERS, Mr. partments of State, Defense, and Commerce the Judiciary. CASE, Mr. BARTLETT of Maryland, Mr. are engaged in an ongoing review of the 7910. A letter from the Acting Adminis- HOEFFEL, Mr. CALVERT, Mr. HAYES, United States Munitions List (USML), re- trator, Centers for Medicare & Medicaid Mr. SAXTON, Mr. JONES of North sulting in the proposed removal from the Services, Department of Health and Human Carolina, Mr. LOBIONDO, and Mr. USML, and transfer to the Commerce Con- Services, transmitting notification of the be- FERGUSON): trol List, of items from Category XIV, as relief that the report mandated by section 4630 H.J. Res. 93. A joint resolution recognizing quired by Section 38(f) of the Arms Control of the Balanced Budget Act (BBA) of 1997 the 60th anniversary of the Allied landing at Export Act, as amended; to the Committee would no longer be useful to Congress; joint- Normandy during World War II; to the Com- on International Relations. ly to the Committees on Ways and Means mittee on Armed Services. 7903. A letter from the Inspector General, and Energy and Commerce. By Mr. GOODE (for himself, Mr. KING Department of Defense, transmitting In of Iowa, Mr. DOOLITTLE, Mr. BURTON f complicance with the Federal Activities In- of Indiana, Mr. JONES of North Caro- ventory Reform (FAIR) Act of 1998, Public PUBLIC BILLS AND RESOLUTIONS lina, and Mr. BARTLETT of Maryland): Law 105-270, an inventory of commercial and H.J. Res. 94. A joint resolution proposing inherently government activities for FY Under clause 2 of rule XII, public an amendment to the Constitution of the 2003; to the Committee on Government Re- bills and resolutions were introduced United States to establish English as the of- form. and severally referred, as follows: ficial language of the United States; to the 7904. A letter from the Chairman, National Committee on the Judiciary. Endowment for the Humanities, transmit- By Mr. RENZI (for himself and Mr. By Mr. LANTOS (for himself, Mr. BER- ting the Performance Report of the National PORTER): MAN, Mr. SHERMAN, Mr. ACKERMAN, Endowment for the Humanities for Fiscal H.R. 4247. A bill to amend title 28, United Mr. ABERCROMBIE, Mr. CROWLEY, Mr. Year 2003; to the Committee on Government States Code, to provide for the appointment KIRK, Mr. FALEOMAVAEGA, Ms. ROS- Reform. of additional Federal circuit judges, to di- LEHTINEN, Ms. MCCOLLUM, Ms. LEE, 7905. A letter from the Administrator, Of- vide the Ninth Judicial Circuit of the United Mr. MCGOVERN, Mr. KING of New fice of Management and Budget, transmit- States into 3 circuits, and for other purposes; York, Mr. EVANS, Mr. PAYNE, Mr. ting the annual report required by the Pa- to the Committee on the Judiciary. WEXLER, Mr. BROWN of Ohio, Mr. perwork Reduction Act (PRA) entitled By Mr. SMITH of New Jersey (for him- PITTS, Mr. ROHRABACHER, Mr. ‘‘Managing Information Collection — Infor- self and Mr. EVANS): SOUDER, Mr. ENGEL, Mr. mation Collection Budget of the United H.R. 4248. A bill to amend title 38, United BLUMENAUER, Mr. MEEKS of New States Government,’’ pursuant to 44 U.S.C. States Code, to extend the authority of the York, Mr. CHANDLER, Mr. HOEFFEL, 3504(e)(2); to the Committee on Government Secretary of Veterans Affairs to make grants Mr. KUCINICH, Mr. TANCREDO, Mr. Reform. to expand or modify existing comprehensive 7906. A letter from the Director, Regula- service programs for homeless veterans, and SNYDER, Ms. WATSON, Mr. DEFAZIO, tions and Forms Services, Department of for other purposes; to the Committee on Vet- Mr. SMITH of New Jersey, Mr. AN- Homeland Security, transmitting the De- erans’ Affairs. DREWS, Mr. MENENDEZ, and Mr. partment’s ‘‘Major’’ final rule — Adjustment By Ms. PELOSI (for herself and Mr. DELAHUNT): of the Immigration Benefit Application Fee CASTLE): H.J. Res. 95. A joint resolution approving Schedule [CIS No. 2233-02] (RIN: 1615-AA84) H.R. 4249. A bill to require the Secretary of the renewal of import restrictions contained received April 16, 2004, pursuant to 5 U.S.C. the Treasury to mint coins in commemora- in the Burmese Freedom and Democracy Act 801(a)(1)(A); to the Committee on the Judici- tion of the Old Mint at San Francisco, other- of 2003; to the Committee on Ways and ary. wise known as the ‘‘Granite Lady’’, and for Means. 7907. A letter from the Assistant Attorney other purposes; to the Committee on Finan- By Mr. CANTOR (for himself, Mr. General, Department of Justice, transmit- cial Services. SCOTT of Virginia, and Mr. FORBES): ting the report for FY 2001 and 2002 on the By Mr. PRICE of North Carolina (for H. Res. 612. A resolution recognizing and status of correctional job training and place- himself, Ms. CORRINE BROWN of Flor- honoring the firefighters, police, public serv- ment programs in the United States and the ida, Mr. DAVIS of Florida, Mr. ants, civilians, and private businesses who activities of the Office of Correctional Job HASTINGS of Florida, Ms. JACKSON- responded to the devastating fire in Rich- Training and Placement (OCJTP), as re- LEE of Texas, Mr. DAVIS of Illinois, mond, Virginia, on March 26, 2004; to the quired by Section 20418 of the Violent Crime Ms. LEE, Mr. BALLANCE, Mr. CLAY, Committee on Government Reform. Control and Law Enforcement Act of 1994; to Mr. FORD, Mr. OWENS, Mr. PAYNE, Mr. the Committee on the Judiciary. TOWNS, Mr. WATT, Mr. WYNN, Mr. f 7908. A letter from the Acting Assistant Di- BERMAN, Mr. DINGELL, Mr. HINCHEY, rector, Civil Division, Torts Branch, Depart- Mr. BRADY of Pennsylvania, Mr. ADDITIONAL SPONSORS ment of Justice, transmitting the Depart- CASE, Mr. GRIJALVA, Mr. SERRANO, Under clause 7 of rule XII, sponsors ment’s ‘‘Major’’ final rule — Civil Division; Mr. SHERMAN, and Mr. HOLT): Claims Under the Radiation Exposure Com- H.R. 4250. A bill to amend the National were added to public bills and resolu- pensation Act Amendments of 2000; Amend- Voter Registration Act of 1993 to require tions as follows: ments Contained in the 21st Century Depart- States to provide notice and an opportunity H.R. 3921: Mr. PASTOR.

VerDate mar 24 2004 23:47 Apr 29, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, THURSDAY, APRIL 29, 2004 No. 57 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE hope we can stay late and finish the called to order by the President pro The PRESIDENT pro tempore led the bill. tempore (Mr. STEVENS). Pledge of Allegiance, as follows: Mr. President, I briefly wish to com- The PRESIDENT pro tempore. To- ment on the first two cloture votes, I pledge allegiance to the Flag of the day’s prayer will be offered by our United States of America, and to the Repub- opening with the fact that I am a guest Chaplain, Pastor John Bengston, lic for which it stands, one nation under God, strong supporter of the ethanol provi- of All Saints Lutheran Church in indivisible, with liberty and justice for all. sion that the Democratic leader has Bowie, MD. f pulled out of the Energy bill and offered as an amendment to the original PRAYER LEADER TIME language of the Internet tax bill. In The guest Chaplain offered the fol- The PRESIDENT pro tempore. Under fact, I joined the minority leader in of- lowing prayer: the previous order, there will now be a fering very similar language to the En- Let us pray. period of leader time under the stand- ergy bill when it was considered on the Lord God, Sovereign of the universe ing order. Senate floor last summer. and giver of holy love to each person, f While I do support the renewable receive our thanks for the gift of this fuels standard as a matter of policy, day, the opportunity we have to be RECOGNITION OF THE MAJORITY there are many other important provi- alive, mobile, well fed and clothed, and LEADER sions included in the Energy bill that gathered with purpose. Help us, we The PRESIDENT pro tempore. The at this point I am not prepared to humbly pray, that each of us live in majority leader is recognized. abandon. concert with Your purpose of mercy f We in the United States need a com- and justice, love and grace. We also prehensive national energy policy. We thank You for ordaining government in SCHEDULE have gone on for way too long without the human family so that the human Mr. FRIST. Mr. President, today the that policy, and we see the con- community might live with order, dig- Senate will be in a period of morning sequences of that every day. We see it nity, respect, and care under Your de- business for up to 90 minutes. The first in our rising dependence on foreign oil. sign and will. 30 minutes will be under the control of We see it in last summer’s blackout in Thank You for those who serve in the the Democratic leader or his designee, the Northeast and today’s record high Senate as elected Members and as the second 30 minutes will be con- gas prices, and in skyrocketing natural staff. You have placed upon them all an trolled by this side of the aisle, and the gas prices, which are hurting farmers awesome responsibility, so we ask You final 30 will be divided between Sen- and manufacturers and consumers to give them comparable discernment, ators MCCONNELL and FEINSTEIN. alike. courage, and concern for their calling. Following that morning business pe- The slimmed-down Energy bill that Bless all who work within these walls riod, the Senate will resume consider- Chairman DOMENICI has offered as a that Your Spirit may inspire, guide, ation of S. 150, the Internet access tax second-degree amendment addresses and prod each one to serve You first. measure. There will be an additional each of these issues. It lays out a bal- Bless also those citizens who will visit hour for debate prior to the first of the anced national energy policy that will the gallery today, observing the work- scheduled cloture votes. The first vote lessen our reliance on foreign energy, ings of Government and the delibera- will be on invoking cloture on the thereby enhancing both our economic tions of this body. Thank You for their Daschle ethanol amendment to the security as well as our national secu- interest, and may they be able to per- Internet bill. If cloture fails, we will go rity. Senator DOMENICI’s plan will help ceive Your hand at work in the discus- immediately to a cloture vote on the diversify our energy supply and encour- sions and decisions of the United Domenici energy package. Finally, if age the use of renewable energy States Senate. cloture has not been invoked to that sources such as wind and solar energy This world faces tremendous chal- point, the Senate will proceed to a clo- and ethanol, all of which decreases our lenges, O Lord of the nations. Please ture vote on the pending McCain sub- reliance on foreign oil and increases give to all, especially those who bear stitute regarding the Internet tax mor- our own energy independence. the responsibility of office here and atorium. Moreover, it will facilitate the con- elsewhere, the patience necessary to Having said that, it has been my goal struction of the Alaska natural gas seek harmonious resolution of those from the start to finish this Internet pipeline. This is perhaps the single challenges. Hear our prayer and give legislation. This week has been set most important thing we can do to in- ear to our supplications. Amen. aside for consideration of this matter. I crease our supply of natural gas, by

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

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VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4626 CONGRESSIONAL RECORD — SENATE April 29, 2004 transporting it from Alaska’s North the higher standards in No Child Left to the 1930s. Between 500 and 600 stu- Slope to the lower 48 States. Behind. They are worried as well that dents attend classes in them. Two The Domenici amendment will also the Bureau of Indian Affairs and the years ago, Crow Creek’s middle school strengthen our electricity grid and Department of Education may be plac- was condemned and replaced with mod- make it easier to build transmission ing too much emphasis on testing stu- ular trailers. An elementary school lines. With these improvements we will dents and labeling schools—and not also need to be replaced. The high be better able to prevent blackouts enough emphasis on helping schools school gym is in such poor structural such as the one last summer that correct problems. They’re concerned condition that it can only be used for blanketed 50 million Americans from about preserving native cultures and limited purposes; the district has to the Northeast to the Midwest. languages. rent gym space from other schools for The Domenici plan promotes clean These are all legitimate concerns. We basketball games. They don’t know coal technology, hydrogen fuel cells, need to pay attention to them. That is where they will hold their graduation clean nuclear energy, and domestic oil why I have asked the Senate Indian Af- this year. and gas production consistent with fairs Committee to hold hearings on Crow Creek Tribal Chairman Duane protecting the environment. It also en- how the No Child Left Behind Act is Big Eagle has been lobbying for money courages conservation and energy effi- being implemented in Indian Country. I to fix the schools on the reservation for ciency. have not received a reply yet from the 25 years. Two months ago, he drove We need all of these components in committee chairman, but I am hopeful 4,000 miles to try to find someone in order to have an effective national en- that there will be agreement on the im- the Federal Government who would ergy policy. While the ethanol mandate portance of holding such a hearing. I help him. He drove first to the BIA fa- is vitally important, we need a com- know he cares deeply about the need cilities and construction office in Albu- prehensive plan that addresses all of for the Federal Government to honor querque. When he found no help there, our energy needs. That is why I urge its trust and treaty obligations regard- he drove to BIA headquarters in Wash- my colleagues to oppose cloture on the ing education. ington, DC. Daschle amendment and to support clo- President Bush has proposed three Senator TIM JOHNSON and I met with ture on the Domenici amendment. We Federal budgets since he signed the No Chairman Big Eagle while he was in should not break apart the Energy bill Child Left Behind Act. All three have Washington, and I have since spoken and attempt to pass it piecemeal. shortchanged No Child Left Behind. with BIA officials about the Crow America needs an energy plan that in- The President’s proposed budget for Creek schools. I am pleased to report creases our economic security, our en- next year—fiscal year 2005—underfunds that the BIA has agreed to provide $2.5 ergy independence, and adequately the new law by $9.4 billion. Schools million for a new 17,000-square-foot meets the demands of the 21st century. serving Indian children are among the gymnasium. But there are still schools all over In- I yield the floor. oldest, poorest, and most crowded dian Country where conditions would schools in America. They have been f shock most Americans—schools with drastically underfunded for decades. no heat and schools where the cold RECOGNITION OF THE MINORITY The last thing children attending In- wind whips in through broken windows. LEADER dian schools need is to be denied the Schools where trash cans are posi- The PRESIDENT pro tempore. The opportunities, resources, and good tioned in classrooms to catch the rain Democratic leader is recognized. teachers the new law promises—and water that pours in through holes in then have their schools labeled as f the roofs. TRUST AND TREATY OBLIGATIONS ‘‘failing.’’ The He Dog Tribal School in Rosebud That is why, during debate last TO INDIAN PEOPLE AND TRIBES is a two-story brick building built in month on the budget resolution for the 1930s. Its ‘‘library’’ is three shelves Mr. DASCHLE. Mr President, an his- next year, Democrats offered an toric gathering took place in South Da- of books on one bookcase. amendment to fully fund No Child Left A while back, leaders from the Da- kota last week. For 2 days, Indians and Behind for all schools, including BIA kota Area Consortium of Treaty non-Indians came together to discuss schools. Regrettably, Republicans de- Schools proposed a smart way to ad- how they could improve the schools at- feated our amendment. But we are not dress the backlog of school construc- tended by Indian children in South Da- giving up. We will continue to press to tion needs in Indian Country. Their kota. make sure No Child Left Behind is proposal called for the creation of a The South Dakota Indian Education funded adequately and implemented new Indian school-bonding authority Summit was sponsored by our Gov- sensibly in Indian Country, so that this that would use Federal dollars to lever- ernor, Mike Rounds, and our state Edu- Nation leaves no Indian child behind, age other funds. cation Department, working with trib- either. We have been working with Senator al leaders and educators. It grew out of America also needs to face up to the JOHNSON to help create this authority, an extraordinary conference last Octo- massive school facilities problem in In- and we now have bipartisan support. ber that I was proud to cosponsor. That dian Country. There is an over- We ought to consider it—and any other Gathering and Healing of Nations con- whelming backlog of facility repair and innovative ideas people may have to ference brought Indians and non-Indi- construction projects for BIA schools, deal with the school-construction ans together to talk honestly about the and the BIA estimates the cost of com- backlog—and then we must act. issues that divide us, and the issues pleting those projects at nearly $1.2 bil- It shouldn’t take a tribal chairman that unite us. lion. driving thousands of miles for Indian At the Indian Education Summit last In 2000, when he was running for children to be able to attend safe week, most of the discussion focused on President, then-Governor Bush met schools with adequate space and up-to- how to make sure the No Child Left Be- with tribal leaders in New Mexico and date books and computers. The right to hind Act improves the schools Indian promised to invest $1 billion to fix attend a good school should be the children attend. As we all know, con- crumbling BIA schools. Yet the Presi- birthright of every child in America. cerns about No Child Left Behind are dent’s proposed budget for next year But Native American children have a not limited to Indian Country. But cuts funding for Indian school, recon- special claim on this right. they are especially acute in many parts struction for the second year in a row. Our Government has given its word, of Indian Country, largely because of That is wrong. in treaties and laws, to provide edu- the Federal Government’s long history Crow Creek Tribal Schools in cation, health care, housing, and other of severely underfunding Indian edu- Stephan, SD are among the nearly 200 basic necessities to Indian tribes and cation. I have heard from many Indian BIA-funded and BIA-operated schools their members forever. educators who tell me they are deeply in the United States. Their buildings Education and other Federal pro- concerned that the Federal Govern- are typical of schools throughout In- grams serving Native Americans are ment will not provide Indian schools dian Country. They are crowded, crum- not handouts; they are treaty obliga- with the resources they need to meet bling, and outdated. Some of them date tions. They are installment payments

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4627 the United States Government owes for cent; and tribal college funding by 11.5 they did not choose to shut down the land the tribes surrendered reluctantly percent. The tribal COPS program is BIA school computers; they were more than a century ago. America has slated to be cut by 20 percent, the trib- forced to do so when the judge ordered never even come close to meeting those al courts program by 26 percent, and the Indian trust computers shut down. obligations. You can see the legacy of the Indian Housing Loan Guarantee I have been told there is a simple so- this neglect in the harsh realities of Program by 83 percent. The President’s lution: All Interior Department offi- life in Indian Country today: houses proposed budget also cuts $52 million cials have to do is properly certify and with no electricity, plumbing, or tele- from the BIA for tribal law enforce- verify to the court hearing the Cobell phones. On some reservations in South ment, tribal roads, and Indian child lawsuit that the BIA school computers Dakota, people live in homes with no welfare programs. are separate from the trust fund com- running water; they have to haul water Earlier this month, BIA Assistant puters and protected from intrusion. from 15 or 20 miles away. It is not un- Secretary Dave Anderson shocked Based on the department’s certifi- usual on reservations in South Dakota tribes with an announcement that BIA cation and verification, if the trust for 20 members of an extended family programs will be slashed another $79 fund computers ever have to be shut to share one small, three-bedroom million in fiscal year 2006. down again, BIA school computers will home. Three hundred families on Pine The president of the National Con- be spared. It is a simple step that can Ridge are living in homes that are congress of American Indians, Tex Hall, make a difference in the education of taminated with black mold. The Pine has said, ‘‘Asking us to somehow Indian children, and I urge the Interior Ridge Reservation needs 3,000 new prioritize which programs in the BIA Department to do it as soon as pos- houses just to meet the current de- should be cut is like asking Indian sible. mand. Country to decide which child should I also ask the Interior Department, During the depths of the Great De- go hungry, which elder should go un- the White House, and our Republican pression, 25 percent of Americans were protected, and which of those who need colleagues to work with us to come up unemployed. Today, on many reserva- medical help should go untreated.’’ with budgets that honor America’s tions in South Dakota and other Rather than do that, the National trust and treaty obligations to Indian States, the unemployment rate is twice Congress of American Indians and people and tribes—next year, the year that high—or higher. BIA’s Tribal Budget Advisory Council after that, and every year. This should Native Americans live sicker and die met recently with BIA officials in not be a partisan issue. younger than other Americans as a re- Washington over 2 days to develop an The PRESIDENT pro tempore. The sult of inadequate health care. Their alternative budget. A tribal leader Democratic leader’s time has expired. higher rates of diabetes, heart disease, from my State, John Steele, president f sudden infant death syndrome, tuber- of the Oglala Sioux Tribe, is a member culosis, alcoholism, and many other se- of that advisory council. RESERVATION OF LEADER TIME rious health problems are the direct re- Assistant Secretary Anderson visited The PRESIDENT pro tempore. The sult of our Government’s long history South Dakota reservations recently, so Republican leader’s time will be re- of dramatically underfunding Indian I know he is familiar with the stag- served for future use. health. Our Government spends twice gering unmet needs of Indian Country. as much per person on health care for He surely must know that cuts such as f federal prisoners as it does on health those recommended by the White MORNING BUSINESS care for Native Americans. I am still House will do real harm to people and The PRESIDENT pro tempore. Under baffled by that statistic. We spend communities that have already suf- the previous order there is a trans- twice as much per person on health fered greatly because of the policies action for the period of morning busi- care for Federal prisoners in this coun- and neglect of the Federal Govern- ness for up to 90 minutes, with the first try—$3,800 per capita—as we do on the ment. 30 minutes under the control of the children on Indian reservations—$1,900 I hope Assistant Secretary Anderson Democratic leader or his designee, the per capita this year. The rationing of will consider carefully the rec- second 30 minutes under the majority health care at Indian Health clinics ommendations of the Tribal Budget leader or his designee, and the final 30 and hospitals is so severe that sick and Advisory Council as he prepares his minutes equally divided between the injured people who are not in imme- budget request for fiscal year 2006. If he assistant minority leader and the Sen- diate danger of losing their life or a will take a strong stand for this gov- ator from California, Mrs. FEINSTEIN. limb are routinely turned away and de- ernment to meet its trust and treaty The Senator from Massachusetts. nied any care. This is immoral. obligations, I know he will find many Tribal roads make up two-and-a-half allies in Congress. I am one of them. Mr. KENNEDY. Mr. President, I yield percent of Federal roads in this coun- But Assistant Secretary Anderson myself 10 minutes. try, yet tribes receive only one-half-of- and Interior Secretary Norton do not The PRESIDENT pro tempore. With- one-percent of Federal road funding. have to wait until the department com- out objection, it is so ordered. The poor condition of many tribal pletes its fiscal year 2006 budget pro- f roads is a significant reason that the posal. They can do something today IRAQ rate of fatal traffic accidents on tribal that will not cost a dime and will make roads is four times higher than the na- a significant difference in the lives of Mr. KENNEDY. Mr. President, a year tional average. It is also a major obsta- thousands of Native Americans, espe- ago this Saturday, President Bush cle to economic opportunity in Indian cially children. dressed up in a flight suit, flew out to Country. Three times now, the Federal judge the aircraft carrier Abraham Lincoln, These are just a few of the ways the hearing the Cobell v. Norton Indian and declared ‘‘Mission Accomplished’’ Federal Government is failing to meet trust case has had to order the Interior in Iraq. its trust and treaty obligations to Na- Department to shut down its computer Our mission was far from accom- tive people and tribes. Unfortunately, system to protect individual Indian plished then, and it is far from accom- President Bush’s proposed budget for money accounts from hackers. Every plished now. next year would make things even time BIA has shut down computers in At his press conference in the White worse. Dozens of programs serving Na- the Office of Special Trustee, it has House earlier this month, the Presi- tive Americans and Alaska Natives are shut down the computers serving In- dent was asked if he knew of any mis- flat-lined, reduced, or simply elimi- dian schools as well. The last time, the takes he had made, and he said he nated. shutdown lasted for 5 days. Such dis- couldn’t think of any. It is too much to According to the National Congress ruptions cause serious problems for expect that he would have mentioned of American Indians, the President’s teachers, students, and school adminis- Iraq, but he might at least have men- proposed budget cuts Indian hospital trators. tioned the trip to the carrier. The trip and clinic construction by 56 percent; In response to a recent letter from was nothing more than a photo op tai- Indian school construction by 19 per- me, Interior Department officials said lored for the 2004 election.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4628 CONGRESSIONAL RECORD — SENATE April 29, 2004 Then, as now, the President had no looting quickly showed, and a dan- We need a real change in our foreign plan and no strategy about how Amer- gerous security situation still exists policy, not a cosmetic change. Only a ica can stabilize Iraq, bring our sol- today. new administration that has the trust diers home with dignity and honor, and The administration assumed that we and confidence of the rest of the world accomplish the mission. Then, as now, would be able to draw on thousands of will be able to bring in the inter- we are muddling through day by day, Saddam’s police force to protect secu- national community to provide inter- hoping for the best, fearing the worst. rity—but in the critical early weeks national troops, provide international Iraq was the big mistake. There was that followed the war, they were no- police, provide international financial no urgent need to go to war in Iraq. where to be found, and too many of resources, achieve a workable political Saddam Hussein was a brutal dictator. their officers turned out to be thugs solution, and, relieve the burden on our But he did not pose the kind of imme- and torturers. military and bring them home with diate threat to our national security The administration assumed that dignity and honor. that could justify a unilateral, preven- Iraqi exile leaders could return to Iraq Mr. President, our mission in Iraq is tive war without the broad support of to rally the population and lead the far from accomplished. Our men and the international community. new government, but they were—and women in uniform know it. The Iraqi It is clear that the Bush administra- still are—strongly resented by the people know it. And the American peo- tion manipulated, misrepresented, and Iraqi people. ple know it too. distorted the available intelligence in Today, with the transfer of sov- I withhold the remainder of my time. order to justify the war in Iraq. They ereignty scheduled for the end of June, The PRESIDENT pro tempore. Who put a spin on the intelligence and a the administration still has no idea yields time? spin on the truth. They said Saddam about who should run the country. Mr. KENNEDY. I yield 15 minutes to was acquiring nuclear weapons. He They assumed that after a few hundred the Senator from West Virginia. Mr. BYRD. Mr. President, I thank wasn’t. They said he had close ties to of Saddam’s top advisers were removed the distinguished Senator from Massa- al-Qaida. He didn’t. Congress would from power, large numbers of local offi- chusetts. never have voted to authorize the war cials would remain to run the govern- if we had known the truth. ment—but the government crumbled. f Our military had a brilliant plan to Today, it remains in shambles. MISSION NOT ACCOMPLISHED win the war. Our soldiers performed Wrongly, we continue to rely pri- Mr. BYRD. Mr. President, a year ago brilliantly during the 3-week initial marily on a military solution for po- the President of the United States military operation. But the President litically inspired violence. Look at harkened back to his days as an avi- had no plan to win the peace. He said Fallujah. Let us hope we don’t have to ator for the Texas Air National Guard we would be treated as liberators, and hear Secretary Rumsfeld say, ‘‘We had to deliver a dramatic made-for-tele- in the first day or two after the statue to destroy Fallujah in order to save vision speech. Eager to experience the of Saddam fell, we were. But then the it.’’ thrill of a carrier landing, the Presi- massive looting began. Resentment by It is painfully clear that the Presi- dent donned a flight suit, strapped into the Iraqi people began, and the libera- dent and those who advocated the war a jet, and rocketed off into the wild tion quickly turned into an occupation. have lost all credibility on Iraq. They blue yonder for a 30-mile journey. Iraq has become a quagmire. It may did not understand the situation going This flight of fancy concluded with well go down as the worst blunder in into the war. They do not understand the dramatic landing of that speeding the entire history of American foreign the situation now. And they have no plane onto the deck of an aircraft car- policy. plan to extricate us from the quagmire rier, the USS Abraham Lincoln—so Iraq is George Bush’s Vietnam. By they created. The result has been chaos named for the stoic leader who guided going to war in Iraq, President Bush for the Iraqi people, and continuing our country through one of its most squandered the immense good will of mortal danger for our troops. troubled times. the world community we had won in We cannot cut and run. Our soldiers Such was the scene on May 1, 2003, the wake of 9/11, and we are paying a deserve a genuine strategy to deal with under the warming rays of the Cali- high price in the lives of our troops and the continuing crisis. fornia sun. The President delivered to the respect of other nations. All of us who have concerns about the sailors on that ship a welcome and By going to war in Iraq, President the administration’s past policy wel- long overdue message: He commended Bush has made the real war on ter- come the reinvolvement of the United the men and women on their out- rorism harder to win. We left the war Nations in Iraq and the administra- standing service to our country during in Afghanistan unfinished. We should tion’s openness to a new U.N. resolu- the trials of the war in Iraq, and wel- never have given al-Qaida precious tion. The question is whether the ad- comed them back to the United States time to recover and regroup and ex- ministration’s efforts will provide any of America. pand their reach. By doing so, we made significant relief for our troops. While the President delivered those future terrorist attacks on the United There is no sign of that yet. The words of appreciation, every television State more likely. Bush administration has poked its fin- viewer in the country—and, indeed, the Before the war, Pentagon officials as- ger in the eye of almost every other na- world—could see in the background a sured Congress that firm plans were in tion in the world, and they have little banner with the words ‘‘Mission Ac- place to secure Iraq and rebuild it. The incentive or interest in coming to our complished’’—‘‘Mission Accom- reality is that the administration had rescue. plished’’—superimposed upon the Stars a plan on paper, but not a real plan— Our military has been bearing a dis- and Stripes. and precious little paper at that. proportionate share of the burden. We In contrast to the simple humility of The administration’s post-war plan- have 80 percent of the troops on the President Lincoln’s Gettysburg Ad- ning was based on a quicksand of false ground, and we have suffered 80 percent dress, President Bush’s speech was de- assumptions. It has been hamstrung by of the casualties. That burden is in- signed from the outset to be remem- blunder, after blunder, after blunder. creasing, with Spain, Honduras, Nica- bered right up until November 2, 2004. The continuing arrogance of the ad- ragua, and El Salvador pulling troops The President announced unequivo- ministration has blinded it to the cold, out of the country, and others threat- cally that ‘‘major combat operations in hard facts about the immense chal- ening to do the same. Iraq have ended,’’ and that ‘‘in the bat- lenge of post-war reconstruction in Very little will change after the tle of Iraq, the United States and our Iraq. transfer of sovereignty and under the allies have prevailed.’’ Now, 1 year Based on our experience in Bosnia, in administration’s plan to work with the later, combat deaths are more than Kosovo, in East Timor, and in Afghani- international community. It is not five times that of a year ago when our stan, we knew security could be a pro- even a genuine transfer of sovereignty. President celebrated ‘‘mission accom- found problem, with major challenges We’ll still be running the show in Iraq. plished.’’ from a restless population. Yet we had A U.S. occupation by another name is Since that time, Iraq has become a no broad security plan, as the early still a U.S. occupation. veritable shooting gallery. This April

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4629 has been the bloodiest month of the en- the agony—of an Iraqi family that has tive attack? How long must little chil- tire war, with more than 120 Americans lost a loved one due to an errant bomb dren across our great land go to sleep killed. Young lives cut short in point- or bullet. at night crying for a daddy or a mother less conflict, and all the President can One year after President Bush pro- far away who may never come back say is that it ‘‘has been a tough couple claimed the conclusion of major com- home? of weeks’’—a tough couple of weeks, in- bat operations in Iraq, is the world any President Bush typified the Happy deed. safer from terrorism? Iraq has become Warrior when he strutted across the Plans have obviously gone tragically a breeding ground for terrorists of all deck of the USS Abraham Lincoln a awry. But the President has, so far, stripes. The Middle East seethes in year ago this coming Saturday. He was only managed to mutter that we must deepening violence and the culture of in his glory that day. But on this May ‘‘stay the course.’’ But what course is revenge. Our war on terror appears to 1, we will remember the widows and there to keep when our ship of state is many as a war against Islam. A one- the orphans who have been made by his being tossed like a dinghy in a storm of sided policy on the Arab-Israeli con- fateful decision to attack Iraq. We will Middle East politics? If the course is to flict drives both sides away from the be aware of the tears that have been end in the liberation of Iraq and bring peace table, and hundreds of millions shed for his glory. How long? How long? a definitive end to the war against Sad- more to hatred of our country. No, the How long? dam Hussein, one must conclude, mis- world is not safer. The PRESIDING OFFICER (Ms. MUR- sion not accomplished, Mr. President. One year after the ‘‘mission accom- KOWSKI). The Senator from Massachu- The White House argues time and plished’’ speech, is America safer? We setts is recognized. again that Iraq is the ‘‘central front’’ have not secured our homeland from Mr. KENNEDY. Madam President, I on the war on terrorism. But instead of terrifying threats of destruction. This yield my remaining time to the Sen- keeping murderous al-Qaida terrorists President has sown divisions in our ator from Michigan. on the run, the invasion of Iraq has longstanding alliances. He has squan- The PRESIDING OFFICER. The Sen- stoked the fires of terrorism against dered our treasure in Iraq and put us ator is recognized for 5 minutes. the United States and our allies. Najaf deep in debt. Our brave soldiers are Mr. LEVIN. Madam President, in the is smoldering. Fallujah is burning. And pinned down in Iraq while our enemies midst of the ongoing upsurge of the vi- there is no exit in sight. What has been see the invincible American armor as olence in Iraq, President Bush has of- accomplished, Mr. President? penetrable by the sword of urban guer- fered two options for the United Al-Qaida has morphed into a hydra- rilla warfare. No, America is not safer. States. The first option is to stay the headed beast, no longer dependent on One year ago, the President an- course; the second option is to cut and Osama bin Laden. The administration nounced an end to major combat oper- run. That is a false choice between has flippantly claimed that it is better ations in Iraq. And yet our troops are staying the course and cutting and to tie down terrorists in Iraq than to having their deployments extended in running. It is too typical of the black battle them in our homeland. Mr. Iraq while our lines are stretched thin and white approach that this adminis- President, with hundreds of thousands everywhere else. Billions upon billions tration has repeatedly and unwisely of American troops in Iraq for the fore- of taxpayer dollars are being poured taken. seeable future, and a worldwide cam- into Iraq. Seven hundred and twenty- For example, saying ‘‘you are either paign of terrorism gathering steam, two American lives have been lost be- with us or against us’’ is a black and who is tying down whom? fore today. And we hear that 8 to 10 ad- white choice—the stark choice the Indeed, our attack on Iraq has given ditional lives have been lost today. Un- President laid down to allies. Well, it Islamic militants a common cause and known thousands of Iraqis are dead. may make you feel good to say that, has fertilized the field for new recruits. Claims of WMD and death-dealing but it needlessly offends those who are The failures by the United States to se- drones are discredited. And bin Laden certainly not hostile to the United cure the peace in Iraq has virtually is still on the loose. States but may be unwilling to affirm- guaranteed al-Qaida a fertile field of I stand behind no one in supporting atively endorse all of our actions. new recruits ready to sacrifice their our troops through the dangers they In addition to the President’s stark lives to fight the American infidels. face every day. I grieve along with the two options—staying the course or cut- These extremists openly call for families that have lost loved ones. The ting and running—there is a third way, ‘‘jihad,’’ swear allegiance to bin Laden, failures of post-war Iraq lay squarely and that is to correct the course we are and refer to the September 11 mur- on the Bush administration for reck- on. The administration has belatedly derers as the ‘‘magnificent 19.’’ Accord- lessly sending this country—sending begun this process, but there is much ing to intelligence sources, hundreds of our men and women—to war, a war to be done, and it is much harder and young Muslims are answering recruit- that should not have been fought, a more difficult because of the adminis- ment calls with a resounding ‘‘yes.’’ war in the wrong place, at the wrong tration’s stubborn insistence that no Amidst all this, the American people time, and for the wrong reasons. mistakes were made and its refusal to are asking themselves one central Mission accomplished? The mission learn the lessons that need to be question: Have we been made more safe in Iraq, as laid out by President Bush learned from those mistakes. by the President’s war in Iraq? Do we and Vice President CHENEY, has failed. For instance, after holding the sleep more soundly in our beds now Even more disturbing, the disdain for United Nations at arm’s length, the ad- that Saddam Hussein has been cap- international law, and the military ministration is now belatedly working tured? Or, instead, are we starting to bombast of this cocky, reckless admin- with the U.N., asking them to help fully comprehend and regret the fury istration have tarnished the beacon of identify an entity to whom sovereignty which has been unleashed by the hope and freedom which the United could be restored by June 30—an entity unprovoked attack on Iraq? states of America once offered to the which needs to have the confidence and Deaths and casualties of Iraqi citi- world. credibility of the Iraqi people. I hope zens are in the thousands—their blood How long will America continue to this will be the start of a true partner- is on our hands—but an actual number pay the price in blood and treasure of ship at the U.N. in fostering Iraq’s po- cannot be obtained. Is it any wonder this President’s war? How long must litical and economic development. that Iraqis see us, not as liberators, but the best of our Nation’s military men The administration has decided to re- as crusaders and conquerors? A grow- and women be taken from their homes tain some troops in Iraq that were ing number of Iraqis see us as we would to fight this unnecessary war in Iraq? scheduled to leave, despite the fact see foreign troops on the streets of Chi- How long must our National Guards- that the administration disparaged cago or New York or Washington, or men be taken from their communities General Shinseki when he foretold the any small town in America. Surely one to fight and to die in the hot sands of need for more troops for the stability can understand the hatred brewing in Iraq? How long must the mothers and phase. Iraq in the hearts of the men and the fathers see their sons and daugh- The administration decided to mod- women and children—the boys and ters die in a faraway land because of ify its policy on de-Baathification and girls—in Iraq when we see the agony— President Bush’s doctrine of preemp- reinstate about 11,000 teachers and

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4630 CONGRESSIONAL RECORD — SENATE April 29, 2004 hundreds of professors and is report- AMENDMENT NO. 3050 State. This benefits America. This is edly looking to reinstate others whose Mr. DAYTON. Madam President, I the best opportunity in my lifetime to skills and support are needed for Iraq’s thank my friend from Nevada for this shift our energy consumption from our development. I hope this revision is opportunity to speak on behalf of the traditional sources and their costs to seen for what it is—acknowledgement amendment being offered by Senator something that is American, that is that we went too far, acknowledgement DASCHLE to the bill before the Senate clean, and that is cheaper. I am amazed that we made a mistake. I hope it will about the use of ethanol and other re- we are not racing to the stores for that also include the removal of Ahmed newable fuels. product. We have it. Senator DASCHLE’s Chalabi as the head of the de- Here we are in the middle of this en- amendment will take us in that direc- Baathification program, as well. He is ergy price crisis in our country, when tion. We should be doing even more the wrong person for the job for a lot of in Minnesota the price of a gallon of than that, but this is an important reasons. regular unleaded gasoline is almost $2, first step. I urge my colleagues to sup- While not reversing the mistaken de- and in other parts of the country it is port the amendment. cision to disband the Iraqi Army, the as high as $2.50. Possibly it is going I thank the Chair. I yield the floor. administration’s decision to bring back higher. I am being asked what are we The PRESIDING OFFICER. The Sen- some military officers who were not doing about bringing the price of motor ator from Wyoming. high Baathists to help guide the new fuel down. I think the honest answer is f Iraqi Army and other security forces is nothing. There is not a whole lot we IRAQ a practical first step—very late. We can do when we are dependent upon Mr. THOMAS. Madam President, I only have a few thousand in the Iraqi foreign supplies of oil, when we are had come to the Senate floor to talk Army who are now trained but long sending $115 billion a year overseas to about an issue that is very important overdue. buy that product. to all of us, particularly Medicare re- One other mistake was perhaps the Senator DASCHLE’s amendment—I cipients in this country. But first I biggest mistake of all, in my judgment. give him great credit for every year have to express some disappointment, Our uniformed military leadership was championing the cause of renewable frankly, and some surprise about the largely excluded from the planning for fuels, with the opportunity that is discussion that has gone on here in the the potentially violent aftermath of right before us in America today to first 30 minutes criticizing the Presi- the fall of Saddam Hussein’s regime. shift from foreign oil consumption to dent on everything that is happening The civilians in the Pentagon who were using a cleaner burning, lower priced, overseas, acting as if we are not in sup- put in charge projected rose-colored American-grown, American-produced port of what is happening there. scenarios in their planning for the fuel, not as a substitute for MTBE—the additives to gasoline—but as a sub- I am very surprised and, frankly, dis- aftermath: Our troops would be greeted appointed. All they talk about is what with embraces and flowers. It would be stitute for gasoline itself. I know that because I drive all over the State of the President has done. We voted here a cakewalk. on this floor to do this job in the Mid- Had our uniformed military leader- Minnesota in a Ford Explorer, factory- produced, with a slight modification to dle East. That is what we are seeking ship been more deeply involved in that to do, and that is what our great serv- planning, it would have been very dif- the usual engine. It was modified in the factory. I drive on 85-percent ethanol ice people are doing for us over there. ferent, as our military plans for worst The idea behind conducting Oper- and 15-percent gasoline. Today it is 20 case scenarios. The worst case scenario ation Iraqi Freedom was to free 25 mil- cents a gallon cheaper than regular un- is what turned out to be the case. But lion Iraqis from the Saddam Hussein leaded gasoline. I can get it in most uniformed military were all but left regime. That is why we are there: to out of the planning for the post-Sad- places in Minnesota. We can give the American people a defend the will of the international dam period. General Tommy Franks, community, to remove the threat of the now retired commander of Central choice to have a homegrown fuel with the money staying in America to ben- terrorism that happened here on Sep- Command who planned the other tember 11, and to change the dynamics phases of the operation, confirmed that efit our rural economies. We can renew it every year. We know we can produce in the Middle East. That is what we are to me and to Senator WARNER a few seeking to do, and that is what we are weeks ago. the amount that will be necessary, and today it will cost 20 to 15 cents a gallon trying to carry on, and it is an admi- On the matter of planning, I realize less than regular unleaded gasoline and rable effort. the administration is committed to the likely in the future $1 less than the ris- Madam President, 211 Members of June 30 date for the restoration of Iraqi ing cost of gasoline. If we are not going Congress have visited Iraq and wit- sovereignty. But I hope that commit- to take any steps to bring about that nessed firsthand some of the extraor- ment will not prevent it from planning opportunity, people will think we are dinary efforts of the coalition forces for other options in the event Mr. out of our minds. and Iraqis. I have been to Iraq. I am Brahimi is not successful in identifying I do not understand why the debate impressed with what they are doing. a credible entity to whom sovereignty today on Senator DASCHLE’s amend- For us to simply criticize everything can be restored by that date. ment about why do this, or why not do that is happening there aimed at the If we have a chance of succeeding and this and even more. election in 2004 is a great disappoint- bringing stability and democracy to The PRESIDING OFFICER. The Sen- ment to me. Iraq, it will mean learning from our ator’s time has expired. Despite the terrorist attacks and the mistakes, not denying them and not ig- Mr. DAYTON. Madam President, I tough events that have happened, pub- noring them. ask unanimous consent for 1 minute to lic opinion has found 56 percent of I yield the floor. finish my remarks. Iraqis believe things are better than The PRESIDING OFFICER. Who Mr. REID. Madam President, I ask they were; 71 percent believe a year yields time? that the majority have an additional 1 from now they will be better than they are now. Again, having been there, I The Senator from Wyoming is recog- minute in morning business also. agree with that assessment. I have nized. The PRESIDING OFFICER. Without objection, it is so ordered. been there traveling around with the Mr. THOMAS. Madam President, are Mr. DAYTON. Madam President, military, with all the little kids wav- we now under the Republican time? Senator DASCHLE has been heroic in my ing and saying hello. I have seen the The PRESIDING OFFICER. The mi- caucus and this body in his support for schools and hospitals that have been nority has 3 minutes remaining. those who are not in corn-producing fixed up. Of course, there is a real prob- Mr. REID. Madam President, I yield States who support ethanol and other lem with terrorism, there is no ques- that 3 minutes to the Senator from renewable fuels, biofuels as products. tion about it. Minnesota, Mr. DAYTON. But this is not just about South Da- The defeat of Saddam Hussein’s re- The PRESIDING OFFICER. The Sen- kota or Minnesota. Yes, it benefits my gime is the second major victory in the ator from Minnesota is recognized. State. It benefits the farmers of my war on terrorism. We need to continue.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4631 I hope we give the kind of support that which seniors can choose. I believe To qualify for that additional assist- is necessary. there are an additional 33 that will be ance, they must have an income of 135 f available on a regional basis. So there percent of the Federal poverty level. is a lot of interest for doing something That is about $12,000 per individual or MEDICARE PRESCRIPTION DRUGS in this area. $16,000 for couples. If they qualify for Mr. THOMAS. Madam President, we Drug card sponsors are required to Medicaid, of course, they get their as- also have issues at home about which provide information to beneficiaries, sistance there and will not get it from we ought to be talking. One of them is the annual enrollment fee cannot be the card. health care, of course. We have great more than $30 per year, and the people Further, the Federal Government health care in this country, the best in who are putting out the cards will have will pay the annual enrollment fees for the world. We have some limited ac- to show what their discount prices will low-income seniors. Major card compa- cess, however, because of the costs, and be. The transparency will give an op- nies have told HHS that they will con- we need to address that issue. portunity for people to choose what tinue to provide the drugs that are al- There are many reasons for the costs. will work best for them. ready given free or at a steeply dis- One reason is liability and malpractice, We are trying to make this as simple counted rate for those people who qual- which we do not seem to be able to deal as possible. Medicare’s Web site will be ify for the $600 use. So low-income peo- with. Another reason, I suppose, is the best opportunity for people to get ple will reap a great benefit from this. overutilization. There is a difference an update on drug prices. The Web site In Wyoming, of course, we know that between health care and health. We is www.medicare.gov. The information our AARP chapter and the Senior have some responsibility to take care will be there. In my home State of Wy- Health Insurance Information Program of ourselves as well. Modern equipment oming, AARP is holding seminars to have been working hard. I think that is is the biggest cost increase. We all help people understand the benefits, the case in all States. So I guess the want the modern equipment. We have what the options are, and how you can point we are trying to make today is, to find the system in which the costs take advantage of them. It is very im- here is a program that has the poten- can be reduced. portant for seniors in the next couple tial to be beneficial to all Medicare re- In any event, what we are talking of weeks to take advantage of the in- cipients. It is a choice program. If they about today is the opportunity to formational efforts being put forth. have other cards that are not in this make it much better for Medicare folks The easiest one, of course, is for sen- official brand, they may keep those. through a Medicare drug discount card iors to call 1–800–Medicare, and a live They do not need to get into it if they in which seniors will soon be able to person in this country will answer and choose not to, but it is beneficial, and enroll. All Medicare beneficiaries, ex- help them figure out the card that they need to know what is required to cept those who have medication paid meets their needs the best. get the information and then have an for by Medicaid, will be eligible. While CMS has already received a lot of opportunity to make choices among seniors may enroll in only one Medi- calls. They received 112,000 calls on several things that can indeed happen. So we want to urge everyone to take care-approved discount card, they can Monday, as a matter of fact—isn’t that advantage of this potential new change keep the other discount cards if they amazing?—and 94,000 on Tuesday from and the opportunities available to reap have them, if they like. There are seniors seeking information. It is the some savings and to make pharma- going to be 40 official discount cards right thing to do to call that 1–800– ceuticals even a stronger part of their available. It is surprising there has Medicare number. health care program by making them been that much involvement. It shows The average wait is only a very short less expensive through this program. we are moving in the right direction 22 seconds, I believe. This is a huge ac- I yield to my friend from Wyoming. and doing what needs to be done. complishment for a Federal bureauc- The PRESIDING OFFICER. The Sen- This is the first time in Medicare’s racy to be able to put this into place to ator from Wyoming. history that seniors will have a dis- deal with that many people in that count for pharmaceutical drugs. Quite short a time. f frankly, it is the first thing in about 30 By mid-May, seniors should make a FILING DEADLINE years we have done to bring Medicare decision so they can receive a card, and Mr. ENZI. I ask unanimous consent more into the modern world and give the benefits are to begin on June 1. I that the filing deadline under cloture some options to seniors. I want to em- think it is great to take advantage of rules for second-degree amendments to phasize what is going to happen. In this information. Our own offices in the Daschle amendment occur at 11:30 2006, there are going to be options for Wyoming will have the information as a.m. today. seniors. They can stay with what they to where people can go to get the infor- The PRESIDING OFFICER. Is there now have. It is also the first time that mation and find out the choices that objection? Without objection, it is so low-income seniors will receive addi- are available. ordered. tional assistance from the Federal Gov- Contrary to what some people have Mr. ENZI. Madam President, I am a ernment for the cost of their medica- said on the other side of the aisle, this little disturbed at some of the words I tions. It is a great step forward for sen- discount card will provide for signifi- heard on the Senate floor this morning. iors to deal with the high cost of drugs. cant savings. There was a study that The minority is trying to take the This is more of a temporary program. was done which shows there will be an President apart at the cost of our When we put this together in the Fi- approximate 17-, 18- to 25-percent re- troops, and we cannot stand for that. nance Committee, of which I am a duction in the cost. The average bene- We have people fighting in Iraq. Two member, we knew changes were going ficiary will probably spend $1,500. This weeks ago I was in Germany, and I met to be difficult. We knew it would take is a significant amount of saving over with some of the wounded troops. We some time to prepare for those where we are today. thought we would have to pump them changes, not only on the part of seniors It is expected that the overall sav- up, but they pumped us up. Their mes- but on the part of people who have a ings to seniors would be probably about sage to us was: How come everything program. This program will be imple- a billion dollars over the next year, and sounds so bad back home when it is im- mented and in place until 2006, when that is very useful. proving in Iraq? They said the people of there will be a broad system put into The card provides immediate help to Iraq appreciate what we are doing. We place. We need to take advantage of the most needy Medicare beneficiaries. are making a difference. Let us do our this card system as quickly as possible Low-income seniors who do not cur- job. so we get the benefits from it. rently have prescription drug coverage Then we hear this rhetoric which is I commend the hard work of Sec- or do not qualify for Medicaid will be just based on a Presidential election. It retary Tommy Thompson and CMS Ad- given additional help. Low-income has nothing to do with the true feel- ministrator Mark McClellan. There has beneficiaries will be helped by receiv- ings in Iraq or the protection of our been an overwhelming response to this ing $600 annually to help them buy the troops. In much the same way, I hear program. As I mentioned, 40 drug dis- medicine right from the pharma- people on that side of the aisle trying count cards will be available from ceutical companies. to scare seniors about Medicare.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4632 CONGRESSIONAL RECORD — SENATE April 29, 2004 Seniors are about to get the best ad- out-of-pocket spending of $3,600 per that this is somehow a raw deal, a vantage they have ever had since the person on drugs before catastrophic sham, or worse. founding of Medicare, and that is the coverage kicks in. I hear that, and I know that other new prescription drug program. There has been a tremendous benefit Members who voted for the Medicare Next week, we will take the first step that has been delivered, but seniors bill from both sides of the aisle hear in the history of Medicare toward pro- have to participate if they are under these things. And then I review again viding seniors with the help they need Medicare. They have to do the research what the bill actually does, and I won- to pay for their prescription drugs. We to find out what the best discount card der what the problem is. made improvements to Medicare in a for them would be. I think I have finally figured out the three-stage parcel so that it can be There are two ways to do that. One is problem. done right. What begins next week is on the Internet at Medicare.gov. The The problem is that this new Medi- that people begin to get information so other is by telephone at 1–800–MEDI- care drug benefit does not fit the tired they can select a prescription drug CARE. There will be live people on the old storyline about Republicans and card where they will get 10- to 20-per- phone to help seniors gather the infor- healthcare. cent discounts on the drugs they are mation by June 1. Seniors do not have We Republicans know the story all taking now. They can do it easily. to sign up until June 1, but they should too well. I am surprised someone has They can go online and make a com- do the research and watch what hap- not turned it into a children’s book parison, or they can call 1–800–MEDI- pens to the price as competition kicks yet, so that kids can hear it when they CARE and talk to live people, tell them in. That is what this is, a number of are very young. Or maybe someone has. what their drugs are, and get some help companies vying for the business of The tired old story changes over in gathering information. But they do seniors, all seniors, because all seniors time, but the main points are always not have to make the decision right will have help with their drug benefit— the same. The tired old story is that Repub- now. That is just a telephone call to up to 10 to 20 percent, in some cases licans do not care about healthcare; find out what the best possibility is higher with the discount cards, but $600 they do not care if healthcare is afford- right now. if they are low income, and some other So seniors can begin to run options benefits beyond that. able or available to everyone; they do through their minds and make the best I hope we can end some of the rhet- not care if people with low incomes can selection for the drugs they take to get oric that is coming from the other side get care when they need it; they do not the biggest discount they possibly can. of the aisle about what this does and care about seniors and their drug bills. And the problem for the storytellers This is an historic new benefit for does not do, and we can get on board is that the facts on the Medicare drug seniors, and I am sorry there has been and help seniors to take advantage of benefit do not support their story. so much rhetoric surrounding the new what has been done. We talked about Nevertheless, the storytellers persist law. There are some people who would doing a benefit for years, and it did not in peddling this tale. It is so bad right prefer to have had an issue instead of a get done. The President got behind it, now that some of the storytellers are solution. But President Bush said we pushed it, said we will have it done, trying to undo this important legisla- are going to have a prescription drug and it is done. The reality is now that tion before it even gets off the ground. plan, and because he put the effort be- seniors have access to new benefits In fact, some are completely reversing hind it, and because people here be- under Medicare, they can sign up for their longstanding positions on this lieved in it, we got a solution. that with a drug discount card begin- issue, in an attempt to remove parts of The solution comes in three parts: By ning next week. They do not have to the new Medicare law that are nearly June 1, seniors can get the drug card. sign up until June 1 with no penalty if identical to sections of their bills from That is the 2004 benefit. In 2005, for the they wait until then. recent years. first time seniors under Medicare will So let us do what is right by seniors I understand why some in the minor- be able to get a physical, part of pre- and put politics aside for a moment. ity are upset with the new Medicare ventive medicine. We think that it is There will be plenty of time later for law. They are upset because Repub- important that people find out what debating and campaigning. The great licans campaigned 2 years ago on a their medical problems are early and majority of seniors will benefit from promise to pass a meaningful drug ben- solve them. Preventive medicine is the new Medicare discount cards. efit for seniors, and we delivered on proven to be the most beneficial for the Let me recap again what this bill that promise. patient and absolutely the best from a does. But the reality is that now seniors pain standpoint, and it does prevent Next month, seniors can begin sign- have access to new benefits under problems from happening, which is also ing up for a Medicare-endorsed drug Medicare, and they can sign up for the a huge cost saver. discount card that will save them 10 to first new benefit—the drug discount So get on the phone or get on the 20 percent, at least, off retail drug card—beginning next week. Internet. Seniors should call in, find prices. Seniors with low incomes will So let’s do right by seniors and put out how the drug benefit works, and also get up to $600 in credit to help politics aside for a moment. There will they will receive up to 10 to 20 percent them pay for their prescriptions. be plenty of time later for debating and off the prices they are paying now for Next year, Medicare will cover new campaigning. their drugs. And if they happen to be a preventive benefits, including a ‘‘Wel- The great majority of seniors will low-income senior who signs up for the come to Medicare’’ physical exam for benefit from the new Medicare drug card, they will receive an extra $600 in all Americans when they turn 65. discount cards. Our job should be to credit in 2004 and 2005 to help pay for And in 2006, Medicare will offer vol- work together to help seniors make the their prescriptions. untary, comprehensive drug coverage, best decisions about their own A number of the pharmaceutical with special benefits for seniors with healthcare and their own finances. companies also have agreed to provide low incomes and seniors with high drug Let’s give them the right information their brands of drugs free of charge to bills. so they can decide whether to sign up, seniors who exhaust their $600 credit. The new drug benefit will be vol- and which card to choose. Let’s do this That is going to cost the companies untary. It will offer the most help to now, because seniors deserve nothing quite a bit of money. those who need the help most. And it less. Some people who say we didn’t do will provide much-needed security and I yield the floor. anything, that there is a donut hole in peace of mind to seniors who worry The PRESIDING OFFICER. The Sen- the benefit. My response is, before we about losing their life savings in the ator from Missouri. did the Medicare bill there was not event of a devastating illness. f even a donut. Now there is only a Despite all of these good things, donut hole. there are still some who insist on UNANIMOUS CONSENT REQUEST— So in 2006, there will be more exten- ‘‘talking down’’ this new Medicare drug S. 1072 sive and comprehensive coverage of benefit. There are some who are trying Mr. BOND. Madam President, I thank prescription drugs, and a maximum to convince seniors and their families my colleague from Wyoming for giving

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4633 us some time. We are in another crit- Mr. REID. That is all for morning propriate. As I indicated, I wish that I ical juncture in our efforts to pass a business. and others were in on that discussion, transportation bill, a highway bill, or The PRESIDING OFFICER. That is but I am glad they are meeting. SAFTEA. I propose a unanimous con- correct. Madam President, the Americans for sent request. I ask unanimous consent Mr. REID. Then we have a Burma Transportation Mobility, which in- the Senate proceed to the consider- discussion; is that right? cludes hundreds of organizations—hun- ation of the House-passed highway bill, The PRESIDING OFFICER. After the dreds, including the U.S. Chamber of H.R. 3550; provided further that all 10 minutes there is another 15-minute Commerce, Associated General Con- after the enacting clause be stricken, period. tractors, International Union of Oper- and the text of S. 1072, as passed, be in- Mr. REID. Madam President, I ask ating Engineers—and, as I say hun- serted in lieu thereof, the bill then be unanimous consent I be allowed to dreds of other organizations, including read a third time and passed; further, speak on my position for 5 minutes and organizations from the State of Mis- the Senate then insist on its amend- give equal time for the majority. souri—the Kirksville Area Chamber of ment, request a conference with the The PRESIDING OFFICER. Is there Commerce, Lake of the Ozarks West House, and the Chair then be author- objection? Chamber of Commerce, Missouri Cham- ized to appoint conferees on the part of Mr. MCCAIN. I reserve the right to ber of Commerce, Springfield Area the Senate with a ratio of 11 to 10. object. I will not object, but I will Chamber of Commerce—in effect, they The PRESIDING OFFICER. The Sen- point out to the Senator that we are have written a letter to each Senator. ator from Nevada. prepared to move on to the Burma Among other things they say: Mr. REID. Madam President, reserv- issue, and it is important. I know what As business and labor, we will only support ing the right to object, as my good the Senator wants to discuss: the im- a final conference report at the Senate in- friend, the distinguished Senator from portance of passing the highway bill vestment level for a six-year bill. To that Missouri, knows, the current extension and his objection and the usual degen- end, we support agreement on funding levels expires tomorrow. In fact, the House of eration that has taken place around for the legislation before entering into a formal conference committee. We urge that Representatives has already passed it. here. We would like to talk about Burma and a woman who is a Nobel final legislation meet our minimum $318 bil- That measure is at the desk now. We lion objective. need to do something today that will Peace Prize winner who is being kept So these hundreds of groups disagree not require further action by the House under house arrest. But I will not ob- with the Senator from Missouri, in- because they will be gone. ject to the request of the Senator from cluding people from his own State. I ask my colleague if he will agree Nevada. Mr. REID. I apologize to the Senators I know how strongly he feels about a that we need to act today on another highway bill. I have talked to him. He extension of the highway bill, or if not here because the time has been allotted to him. I do appreciate the 5 minutes. has discussed this publicly and pri- today, tomorrow? vately. But I think in effect he is Would the Senator agree to modify The PRESIDING OFFICER. Without shooting himself in the foot by not his request and provide for the imme- objection, it is so ordered. agreeing to the 2-month extension. We diate consideration of H.R. 4219, which Mr. REID. We really do need to pass have made progress in the few meet- is the bill I referred to just a minute this 2-month extension. I say to my friend from Missouri and all others ings that the two staffs have had. ago, a 2-month extension of the high- So I say to my friend, we have here, Senator INHOFE and I have way bill, and that the Senate proceed cleared on our side—there are no objec- then to its passage, the bill be read, of worked very hard to move this bill along. The 11 weeks the Senator talked tions on our side to having a 2-month course, three times, the motion to re- extension. I think it is a heavy weight consider be laid on the table, and there about, of course, a lot of that time we have been out of session. I have spoken for my friend to carry, to bring down be no intervening action or debate? everything that is going on around the to Chairman YOUNG. He wants a bill. If we do this, it gives us time to con- country tomorrow by objecting to this Senator INHOFE wants a bill. A bill has, tinue our informal discussions about 2-month extension. the larger bill. in fact, passed both bodies by overwhelming majorities. To not allow this If that is the weight he wants to I hope the Senate will agree to pass bear, that is what he has to bear. But this today to ensure that there are no 2-month extension will cause a layoff of 5,000 people beginning Saturday. I am very disappointed. As the Senator disruptions in highway projects. I ask knows, we have had problems with con- my friend to modify his unanimous They will no longer be able to work. These are employees of the U.S. De- ferences. That doesn’t mean we can’t consent request. complete important legislation as we The PRESIDING OFFICER. Does the partment of Transportation. have done on numerous occasions with- Senator modify his request? Not agreeing to the extension will out a formal conference. In this in- Mr. BOND. Madam President, I would cause new highway and bridge projects stance, we may be able to do a con- be happy to accept that as an adden- to be shelved. It will stop reimburse- ference, as I have spoken about with dum to my request. The problem is, we ment payments to States for projects Senator INHOFE. We need to do a little need to appoint conferees to the House. that already are incurred. It will halt safety grants, stop transportation more work this morning. I want to call attention to the fact I ask unanimous consent, in closing, that for 11 weeks we have been stalled. projects in cities and towns, interrupt to have printed in the RECORD the let- enforcement of motor carrier safety If we cannot appoint conferees, then I ter from Americans for Transportation regulations, and disrupt safety inspec- have a hold on the extension. So unless Mobility, together with its members. tions at the Nation’s borders. This is a my good friend is willing to accept the There being no objection, the mate- temporary extension designed to pro- unanimous consent request I pro- rial was ordered to be printed in the pounded, I cannot accept his unani- vide time for the Congress to complete RECORD, as follows: mous consent request. its work on a fully funded authoriza- Mr. REID. Further, Madam Presi- tion. The extension is a means to an APRIL 23, 2004. DEAR SENATOR: The House and Senate will dent—— end, and the end is the passage of a soon begin meeting to reconcile differences The PRESIDING OFFICER. Is there highway bill, so we need to get to work on reauthorization of the federal highway objection to the request? on that. and transit law (H.R. 3550/S. 1072). The under- Mr. REID. I object. Madam President, we have tried very signed organizations firmly believe there is The PRESIDING OFFICER. Objec- hard to pass this bill. We got 76 votes no more important legislation this year to tion is heard. The Senator from Ne- to pass it and get it to the President. benefit all industries, all communities, all vada. We need to keep working on it. The Na- working people and the American economy. Mr. REID. Madam President, how tion expects nothing less. As we have stated previously, the appropriate investment blueprint for this legisla- much time is remaining on everything? As we discussed yesterday, the Re- tion is provided by the U.S. Department of The PRESIDING OFFICER. There publican leadership is going to meet Transportation’s recent Conditions and Per- are 10 minutes remaining to the major- later on to decide what they are going formance Report, which outlines that the ity. to do with this bill. I think that is ap- federal investment share necessary to begin

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4634 CONGRESSIONAL RECORD — SENATE April 29, 2004 improving the nation’s surface transpor- thing because we are opposed, we are gestion, enhance security, to lay the tation network is $375 billion over the next blocked by the minority from going to sinews of economic development for six years. The bi-partisan leaders of the conference. the future and, most of all, provide House Transportation and Infrastructure A lot of people in America don’t un- safety on our highways. (T&I) Committee identified this goal earlier There are 43,000 Americans killed on this year and we continue to support their derstand. They have heard about fili- efforts to reach this objective. busters. They know we filibuster the highways each year; in Missouri, The Senate passed TEA–21 reauthorization judges around here. They know we fili- more than three a day, and at least one proposal (S. 1072) would authorize a total of buster bills. But this is the first time I and probably more of those are killed $318 billion for federal surface transportation know of where a bill that has passed because of inadequate highways. What programs, with $294 billion in guaranteed this body with 76 votes has been can we do about it? We can do some- highway and transit investment over the stopped from going to conference by thing in the Senate. But we don’t get next six years. The Senate investment levels the opposition of the minority. the job done. We have to sit down and represent the mid-point between the nation’s Mr. MCCONNELL. Will the Senator work with our colleagues in the House surface transportation needs and the current and come up with a compromise pro- inadequate federal highway and transit fund- yield? ing levels. Mr. BOND. I am happy to yield to the posal that I hope looks like our bill in As business and labor, we will only support assistant leader. the Senate. a final conference report at the Senate in- Mr. MCCONNELL. I say to my friend I am going to fight as hard as I can vestment level for a six-year bill. To that from Missouri, it is not actually the when we can get to conference. But end, we support agreement on funding levels first time this has happened. It has be- until we can get to conference, we for the legislation before entering into a for- come, actually, repetitious. They pre- don’t know and there is no hope of us mal conference committee. We urge that getting a new bill. That is why I have final legislation meet our minimum $318 bil- vented us from going to conference on the CARE Act, the Bankruptcy Act, placed a hold on the extension of the lion objective. highway bill. Yes, this is a drastic A $318 billion investment level would cre- the Workforce Investment Act, the Pa- measure. How long are we going to ate and support over 2 million American job tients Safety Act, not to mention the kick the ball down the road? I objected opportunities and help address the growing Transportation bill. So there is a pat- to holding up the first extension, but deterioration of the nation’s highway, bridge tern, I would say to my friend from we have had extension after extension and transit infrastructure facilities. With Missouri, which is that the minority is the Department of Transportation stating after extension. When are we going to saying to the majority of the Senate that 47,500 U.S. jobs are created for every $1 get a bill? It is very simple. We can billion of federal highway and transit invest- and to the majority in the House: You have this bill. We can have the exten- ment, investment levels below $318 billion make the bill exactly the way we want sion if the minority will agree to let us would miss a critical opportunity to create it or we won’t let the legislative proc- appoint conferees so this can go to con- badly needed jobs. ess go forward. Complete stalemate. ference. The U.S. is facing a transportation infra- Mr. BOND. Madam President, I thank structure deficit that can no longer be ig- I assure you that we will continue to my colleague and neighbor for the clar- work, Senator INHOFE, our ranking nored. Traffic crashes cost our society $230 ification. I have never seen, in my his- billion per year and inadequate roadway con- members, Senators JEFFORDS and REID, ditions are a factor in one-third of these ac- tory, a bill passing the Senate with as we did before to get a bill that looks cidents. Traffic congestion robs $70 billion this much support, that is so important as much like the Senate bill as we pos- per year from the U.S. economy and denies to our Nation, being held up. It is 11 sibly can, but until we do that, I am Americans time with their families. A recent weeks since we passed a highway bill, going to continue to object to the ex- study has shown the number of traffic bot- the $318 billion Surface Transportation tension. I regret we have to take this tlenecks nationwide have grown from 167 to Equity Act. To get it to conference, we drastic action, but the people of Amer- 233, while only one-quarter of households have to have the approval of the minor- ica and the people concerned about have access to adequate public transpor- ity. tation. This situation will only get worse if highways need to know what is causing we do not enact a reauthorization bill of at I am taking this step. I am taking this problem. least $318 billion. this radical step because the people of I thank the Chair. I yield the floor. The Senate-proposed investment levels are America need to know. When I go The PRESIDING OFFICER. The Sen- attainable without raising the federal gas home, they say: How come we don’t ator from Nevada. tax or user fee, or increasing the federal def- have a highway bill? They don’t under- Mr. REID. Madam President, first of icit. It continues the important principle of stand that we are being blocked from all, to show how unrelated the state- paying for highways, bridges and transit going to conference. We can’t work out ments are to reality, we couldn’t have through the Highway Trust Fund. As such, the differences between the House and gone to conference 11 weeks ago. The the $318 billion investment level complies Senate unless we can go to conference. House didn’t pass the bill until the with surface transportation program financ- first part of April. The bill has been ing parameters identified by the Bush Ad- If there has ever been a bipartisan bill, ministration. I believe this bill is it. passed for 3 weeks. So there is no 11 We strongly urge the conferees and the bi- Chairman INHOFE with Senator JEF- weeks. That is certainly not a valid partisan House/Senate Leadership to support FORDS, Senator REID and I have statement. a $318 billion investment level. Our business worked, I think collegially and effec- I repeat: We need to pass this 2- and labor organizations, and the American tively, in bringing a good bill to the month extension in an effort to get people, will accept nothing less. Thank you floor of the Senate. I appreciate the this bill moving. If we don’t pass a 2- for your consideration. month extension, 5,000 people are going Sincerely, work that my colleagues did. It is obvious when the bill passes to be laid off starting Saturday. This is Americans for Transportation Mobility. no joke. This is not hyperbole. This is Transportation Construction Coalition. with 76 votes that it was a good bipar- a fact. People will be laid off and con- Mr. REID. I extend my appreciation tisan bill. We can’t tell what is going struction projects around the country to everyone on the other side of the to come out of conference. I am going will come to standstill. aisle for extending me the extra 5 min- to go into conference saying we need a We can talk about the fact that in utes. $318 billion bill. But if we can’t go to previous months we have enacted into Mr. BOND. Madam President, I want conference, we can’t even take that law many pieces of legislation. We to reclaim my time. First, let me say I step. have entered into law 60 pieces of legis- know all the pressures. I know the peo- We have been delayed and delayed lation without a conference. We have ple my good friend from Nevada men- from going to conference. That is what, preconferenced them. We can do that tioned. They want a highway bill at unfortunately, we have to explain to on the highway bill. $318 billion that we passed. I want one. our constituents around the country— The PRESIDING OFFICER. The Sen- I have long quotations. I have all kinds that the transportation system lifeline ator from Kentucky. of people behind me. The chairman of to our country and our economy is f the committee, Senator INHOFE wants being held up. We cannot take the next it. I know that Senator REID wants it step and make the major investment in ORDER OF PROCEDURE and Senator JEFFORDS wants it. But do the future of this system to promote Mr. MCCONNELL. Madam President, you know something, we can’t do any- increased employment, decrease con- am I correct that under the consent

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4635 agreement, we have 15 minutes for the you go for this bill, I assume that when sume consideration of S. 150, which the discussion of the Burma matter? I was finished, this 900-page author- clerk will report. The PRESIDING OFFICER. There izing bill would probably end up being The legislative clerk read as follows: are 81⁄2 minutes for debate remaining in just a few sheets of paper. A bill (S. 150) to make permanent the mor- morning business followed by 15 min- The truth is that America is crying atorium on taxes on Internet access and utes for the Senator from Kentucky. for a comprehensive energy bill. Amer- multiple and discriminatory taxes on elec- Mr. MCCONNELL. Would it be per- ica is not worried about one Senator’s tronic commerce imposed by the Internet missible under the consent agreement particular concern about one par- Tax Freedom Act. for Senator MCCAIN and I to proceed on ticular aspect. They are worried about Pending: the 15 minutes on the Burma issue? the fact we will soon be importing nat- McCain amendment No. 3048, in the nature The PRESIDING OFFICER. The Sen- ural gas. We have been using our own of a substitute. ator may use that time under morning natural gas, and now predictions are Daschle amendment No. 3050 (to the lan- business. that we are going to be using foreign guage of the bill proposed to be stricken by natural gas in large quantities very amendment No. 3048), to eliminate methyl (The remarks of Mr. MCCONNELL, Mr. tertiary butyl ether from the United States MCCAIN, and Mrs. FEINSTEIN are print- soon. fuel supply, to increase production and use of ed in today’s RECORD under ‘‘State- The consensus that I indicated to you renewable fuel, and to increase the Nation’s ments on Introduced Bills and Joint is very hard to achieve. In the last Con- energy independence. Resolutions.’’) gress, the House and Senate both Domenici amendment No. 3051 (to amend- The PRESIDING OFFICER. Who passed bills but were unable to resolve ment No. 3050), to enhance energy conserva- yields time? their differences in conference. I am tion and research and development and to The Senator from Virginia is recog- not speaking of a few months ago; I provide for security and diversity in the energy supply for the American people. nized. mean the last legislative session, the Mr. ALLEN. Mr. President, I suggest last Congress. The PRESIDING OFFICER. Under the absence of a quorum. Last year the Senate considered en- the previous order, there will be up to The PRESIDING OFFICER. The ergy legislation for somewhere on the 1 hour of debate only equally divided clerk will call the roll. order of 3 months before we were able between the two leaders or their des- The legislative clerk proceeded to to pass a bill off the floor. This time we ignees. call the roll. got a conference agreement. Mr. DOMENICI. Mr. President, I Mr. DOMENICI. Mr. President, I ask I have been criticized for that con- yield myself up to 15 minutes. unanimous consent that the order for ference. Some say we didn’t have The PRESIDING OFFICER. The Sen- the quorum call be rescinded. enough meetings. Some say the meet- ator is recognized. The PRESIDING OFFICER. Without ings were not open to the public. Oth- Mr. DOMENICI. I hope I don’t use all objection, it is so ordered. ers say they were not open to the that time. Will the Chair advise me Mr. DOMENICI. Mr. President, I un- Democratic staff. when I have used 10 minutes? Let me tell you, this is good rhetoric, derstand that we have about 6 minutes The PRESIDING OFFICER. The but the truth is we conducted one of on our side. Chair will do so. the most open conferences that I have The PRESIDING OFFICER. About 5 AMENDMENT NO. 3051 been in in almost 32 years in the Sen- minutes. Mr. DOMENICI. Mr. President, we ate. We made agreements public as Mr. DOMENICI. I am going to use cut the cost by $6.7 billion. The amend- they were reached and at the end, be- ment before us is not subject to a point those 5 minutes, and then we will be on fore we circulated the agreement for of order and it can proceed without any the Domenici amendment. Then, I will signature, we held an open meeting and concern in that regard. speak a few more minutes, as I have reconsidered all the amendments. We have been criticized heretofore time. I will start by using some time When amendments could be agreed to because we had an MTBE safe harbor right now. by both bodies, we made changes. That provision. That provided faulty product f is very different than the way most liability protection for the manufac- conferences are conducted. I have ENERGY turers of MTBE. When the conference asked Senators on both sides of the Mr. DOMENICI. Mr. President, I report was on the Senate floor, I spent aisle if they have been involved in bills must tell my colleagues that, as chair- a great deal of time defending that po- where they were the minority and they man of the Energy Committee, I am sition which was insisted upon by the didn’t even participate in the con- having a good week for a change. On House. I thought that provision was ference, and many have said that is al- Monday, Senator CANTWELL came to necessary, but because we could not most the course of things as we live in the floor and sought unanimous con- get that provision accepted by the Sen- this Senate. Yet we did our best to use sent to bring up one piece of the En- ate, it is not in this legislation. the Internet as a new tool. We sub- ergy bill. On Tuesday, the minority I feel very chagrined today to note, mitted this to all the press through the leader came to the floor and offered a while it has not been to my ear where Internet. They knew more about this portion of the Energy bill as an amend- I have heard it, I understand the oil bill if they wanted to report it than ment to the Internet tax bill. companies and their major lobbying anybody has ever known. While doing We seem to be on a roll. Members groups are opposing this bill because of that, we obviously submitted it to the know this country has a serious energy MTBE not being in it. I think that is a minority and the minority staff. problem. They are feeling the political I responded to that criticism by dra- shortsighted approach. How are they pressure to do something about it. matically reducing this bill. It is a going to get MTBE if we don’t get a That is good news for this chairman, slimmed-down energy bill. It dramati- bill? If we don’t get a bill, we stay who has waited so long and worked so cally reduces the cost for the nontax right where we are, except we don’t hard seeking to develop some sort of portions. We have reduced the cost have an energy bill for America. What political consensus on a broad energy from $5.4 billion to a minus $1.3 billion. we have is no change in the MTBE law, bill. but we do not have an energy bill. Fellow Senators, I have never in my f I urge those who are taking that po- 31 years worked on legislation that is CONCLUSION OF MORNING sition to assume the reality of things. so hard to piece together, because BUSINESS If they think we are going to change every time you have a comprehensive The PRESIDING OFFICER. Morning the original bill and get two more bill, you show it to somebody and they business is closed. votes—remember, in a cloture situa- read it in its entirety, they find one f tion on the original bill, we got 58 piece out of hundreds they cannot sup- votes. I remind those who think we can port. If I had the wisdom and the time INTERNET TAX go back and fix it that it is also subject to go to every Senator and let them NONDISCRIMINATION ACT to seven points of order. Sooner or read it and say what can I take out The PRESIDING OFFICER. Under later, it would have been defeated by a that would make you happy and have the previous order, the Senate will re- point of order.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4636 CONGRESSIONAL RECORD — SENATE April 29, 2004 For those who are sitting around comprehensive legislation that, taken concern on the ethanol front. I suggest thinking that we can get that, they alone, I would criticize; however, on that he has been very helpful in the just absolutely are talking irrelevant, balance, this package is a middle past in trying to get a comprehensive they are talking things that cannot ground in this Congress. bill which would include ethanol, and I happen. Now let’s talk about the bill. We know this bill is before us in an understand that, but I submit there are I hope my friend LARRY CRAIG comes extraordinary way. We know that if an awful lot of people who are very to the Senate floor before we are fin- after this vote the McCain vote suc- shortsighted. ished because I could not have a better ceeds, we are wiped out, we are re- The PRESIDING OFFICER. The Sen- helper than he. He understands this moved from the calendar. We under- ator has consumed 10 minutes. bill. I want to suggest to all that this stand that. I guess the probability is Mr. DOMENICI. I will use 1 more bill, in its slimmed-down manner, when that we cannot get cloture, but we are minute and yield the time. coupled with the tax provisions that not giving up because we understand I understand the minority leader is are in the tax bill that will come up in there is some kind of bipartisan sup- in a predicament because of this being the Senate next week, will put before port for getting cloture. a bill that the consensus was worked This bill also has that most attrac- the American people one of the best en- out not by his side, although there tive part for many Senators, the eth- ergy bills we have ever done. The were some, but predominately by this anol provisions, which 31 Republicans American people are watching as gaso- Senator on this side. I believe the line prices soar, and they are going to voted for when it was introduced. Sen- ators can look at that and see if they American people are going to say on be looking today as Senators vote yes every major aspect of America’s grow- or no on keeping this bill alive. voted for it or not, and if they did, they should vote for the Domenici bill. I ing dependence, the price of gasoline, I know it is tough to get 60 votes. I the price of natural gas, wiping out of know that Senators have their par- hate to call it ‘‘mine’’ because it is the result of so many Senators working on the fertilizer industry in America ticular reasons—one little piece of this which affects our agriculture, and on bill—for voting no. I know there are both sides of the aisle. I think I would call it the ‘‘consensus bill,’’ but maybe and on, they understand we need an en- some Senators even on my side who are ergy bill. being told: Wait around until we get people would not like that because they do not think it is consensus for We need this bill. This is as good as MTBE. We are not going to get MTBE we will ever get. Having spoken as well in the Senate. It is an absolute wish them. This bill provides great quantities of as I can for as long as is prudent in the that cannot be accomplished. For those Senate where one can speak too long— who are worried about it, they ought to natural gas from American sources over the next 5 to 10 years—from Alas- the House does it in 2 or 3 minutes; if let us get a bill and then see what hap- ka and from underground off our shores they would have forced me I guess I pens. could have done that—but as I started Let me move to a few other issues. without in any way violating the moratorium. It produces a modernization out saying, as the chairman of this Senator BINGAMAN came to the Senate committee, it has been a good week floor yesterday with a list of concerns. which addresses the drilling activities and a few good things have happened. He does not support the hydroelectric in our country so we can get more oil There has been some evidence that peo- relicensing provision, the Indian en- and gas without harming the environment. ple want to get this bill done. ergy provisions, or the electricity title. It solves the electric problem. In ad- I yield the floor. I understand his perspective, but I condition to the grid I talked about, be- tend that his views on these issues are The PRESIDING OFFICER. The mi- lieve it or not, this bill provides that nority leader. the ones that are outside the con- when there is gridlock, when you can- sensus. We need consensus. We do not Mr. DASCHLE. Mr. President, I did not proceed any further because you not have the opportunity to hear all of need what one Senator thinks we need; run into State lines or you run into we need consensus. This bill has con- what the distinguished chairman of the somebody else’s right-of-way, believe it committee has said, but what I did sensus. or not, we got a consensus, including Take the hydroelectric relicensing hear him say I find myself in agree- Republicans, that after negotiations ment with. which is so important to Senators of that occur in the States or between the both parties from the Northwest. We Let me first talk procedurally for a companies that are at loggerheads, we moment and then I want to talk sub- are not trying to build new dams or have a provision that eminent domain change the standards. All we are trying stantively. I hope, procedurally, we can can apply. Nobody thought we would reach an agreement to attempt to get to do is streamline the process. Sen- get that. That is an extraordinary posi- ator CRAIG has been active in that to the votes earlier rather than later. I tion to get and bring before the Senate. think it would be great if we could issue, and many Senators voted for it, I know it does not sound sexy, as have the three cloture votes beginning even though they are not from that some political issues, but it is good. at noon to accommodate our policy area. This bill is filled with very good things. conference meeting. If that could be Let’s take the electricity provision I hope those who are looking at this done, I think it would also accommo- about which many experts have said bill with a microscope, and want to date a number of Senators’ schedules. the future of America lies in the elec- make sure every single provision meets tric grid of America growing and be- with their satisfaction, understand With regard to the larger procedural coming stronger and becoming better, that the American people are not look- question, this is not our first choice. and of all the things we can do, this is ing at this bill with a microscope. They This is not the way we ought to ap- the most important. are looking at this bill to see if the proach comprehensive energy legisla- When I became chairman, I assumed Senate wants to pass an energy bill. tion or targeted energy legislation, as that issue would be an obstacle to This will be a signal of whether we my amendment did with ethanol. I reaching consensus in light of the great want to put something together that have made no secret of my frustration controversy over the Federal Energy will help America in this energy crisis. and disappointment with regard to the Regulatory Commission’s recent rul- If we do not want to, then we can conference process and the way in ings. We worked for months to get an send a signal that we do not like this which Democrats again were locked agreement, and the final product is, to provision and we do not like that pro- out of the opportunity to express them- my amazement, supported by almost vision, but at some point in time the selves. all the players in the industry across American people are not going to look I warned our House colleagues and this land. It is by far the greatest at that. They are going to see where our leadership on the other side with achievement of this bill that we could were the Democrats, where were the regard to putting MTBE legislation reach such an agreement in the months Republicans, where were the leaders in into the conference report. All those since we completed that conference. trying to get a bill that will help solve warnings, all those admonitions, all The agreement has held, and it is here. America’s energy problem. those concerns about being locked out There are parts of this bill that some I see the minority leader in the have been expressed on a number of oc- criticize, just as there are parts of this Chamber, and I understand his great casions.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4637 As I said the other day, I am also views it is critical for us to ensure the this year will go to energy. But if you very deeply concerned about the re- debate and the opportunity to reach are making $29,000 a year, 20 percent of ported decision to delay any real de- consensus prior to the time we invoke your income will go to energy. If you bate about energy legislation until the cloture or bring this bill to a pre- are making $10,000 a year as an Amer- fall. I think it was reported in the En- mature conclusion and have the vote ican, 40 percent of your income will go ergy Daily on Tuesday. that I think can be taken at some to energy. So for all of those procedural con- point as that debate produces the con- So let’s not stand here and debate cerns, we had no choice but to act as sensus for which we are looking. the small stuff. Let’s say to the Amer- we did the other day and to provide at So if we are going to accommodate ican consumer what is an honest state- least an opportunity for Senators to be the schedule that I have just suggested, ment, that the Senate has not been heard and for us to vote once again on I will not dominate the floor. Let me able to settle on the establishment of a legislation that on a bipartisan basis again reiterate that I hope my col- national energy policy that would, had this Senate has supported over and leagues will support the cloture vote it been implemented, begin to hold over. on ethanol. I hope they will support down costs and bring production up The first vote we will cast this morn- the cloture vote on energy. I hope they and bring conservation up and improve ing will be on the renewable fuels will oppose the cloture vote on the the environment and do the very thing standard. I hope our colleagues will Internet tax bill. that quality energy has always done to support cloture on it. Two-thirds of the I yield the floor. the American economy and for the Senate has voted for it in the past. All The PRESIDING OFFICER. The Sen- American worker: allowed them to be we need, of course, is 60 votes so I can- ator from Idaho. the most productive, most competitive not imagine that anybody would flip Mr. CRAIG. My guess is that most of any economy and any workforce in their vote, having supported it on sev- Senators understand the process and the world. eral occasions, and vote against it as the procedure we are under, but there But today that is less the case. we contemplate its consideration is a large body of interest that does not Today, the petrochemical industry today. understand what we are doing at all. It shuts down and goes offshore because It is the exact same legislation that is called the American consumer. they can’t afford to produce in this we have offered. It eliminates the re- I can put it this way: The minority is country. Today, in lieu of natural gas formulated gasoline programs oxygen trying to wrestle control of the floor we are going to establish ports and liq- standard, replaces it with the renew- away from the majority and set their uefy somebody else’s gas and bring it able fuel standard, and sets a 10-year own agenda. That is one way of looking here on a ship. Shame on us for that schedule for assured growth in alter- at it. The other way of looking at it is silly attitude that the American politi- native energy. It contains the same to create an environment of false hope cian has developed. waiver authority agreed to in the en- for that consumer who went to the gas Does he or she think the American ergy conference report and it strikes pump today and paid more for gas than consumer is going to roll over? I don’t think so. I think that consumer grows all liability protection for MTBE and he or she has ever paid in their life. angrier by the day; when they go to the ethanol and bans MTBE within 4 years. I question the integrity of Senators So this is an amendment that merits who will argue and opine the problems gas pump, weekly, and all of a sudden the bipartisan support that it has re- of energy but set in motion a proce- it is not $1.50 for regular, it is $1.65, ceived before, and I hope our colleagues dural event that denies us the oppor- $1.75, $1.80. Last week it hit an all-time high. This week it will hit another all- could support the amendment. tunity to produce for the American I hope my colleagues will support consumer a national energy policy. time high. If you are out in California, cloture on the comprehensive Energy So go home to your voters and tell you pay $2.50. If you are in Idaho, you are paying $2.00 for regular gas. bill. Senator DOMENICI did what he said them it is no longer big oil’s fault, that Now let’s talk about the House. Let’s he was going to do. He took out MTBE it is no longer the nuclear industry’s talk about our inability to get out to liability immunity. He has also taken fault, it is the politicians’ fault be- western gasfields. Let’s talk about the out the provisions having to do with cause consistently over the last 5 years unwillingness to bring down gas out of Democrats and Republicans alike have many of the tax incentives created Alaska. What have we done? Through denied the American consumer a legiti- originally in the Energy bill. This is a the Clean Air Act we said the only way mate, comprehensive policy for na- much different bill. So those who voted you can meet air shed standards is to tional energy. So we are now held hos- against it before I think ought to look generate electricity by the use of nat- tage for some 60 percent of our con- very carefully at voting in favor of it ural gas. We saw those turbines begin sumption by a foreign interest. Or we this time. to go in place over the last good num- are held hostage by an environmental One of the reasons on this side of the ber of years when it was $2.30 a million aisle that we have always opposed clo- lawsuit that denies access. Or we are cubic feet. Now it is $5, now it is $6, and ture is to protect Members’ rights to held hostage by the bickering of States those turbines are shut down. offer amendments. In this case, there is who cannot agree that a transmission Shame on us, and I do mean Sen- no concern for the protection of a Sen- line ought to cross their territory. ators. I do mean this procedure. I do ator’s rights because they will be pro- Those are the realities of where we mean this false process. tected. We are only bringing cloture on are today. We are going to tell the Is there cynicism afoot? You know, the amendment. The bill is open as American farmers they are going to there ought to be. The American con- wide as it is now to any amendment pay 30 percent more this year than sumer ought to grow progressively cyn- that Senators wish to offer on energy they thought for input costs to produce ical—become the cynic, I should say, of or on anything else. So we are not in their grains. But who is going to pay the process that denies them reason- any way excluding or minimizing Sen- for it? The farmer can’t. He is hardly able high-quality energy. ators’ opportunities to be heard and to breaking even. But the politician in To the American producer, to the offer other legislation. the Senate has created the environ- American farmer, to my farmers in I might say the third cloture vote is ment for that 30-percent increase in Idaho—I know they are calling me. I the critical one. That is the cloture production costs. It is not the chair- hear them. They are frustrated and motion that I hope will be defeated, be- man of the Energy Committee, not this they are angry. They have a right to cause I believe we have not had a good Senator who for 5 years has worked to be. We will play this political game. I enough debate on the Internet tax bill. build a comprehensive energy policy, must tell you, shame on us because we We have not had an opportunity to but those who have decided they must cannot get it right and the vote today offer our amendments. We have not have a small piece their way, and their on the Daschle amendment will not get really had the kind of debate that an way denies the American consumer the it right. issue of this import requires. reality of energy. Tragically enough, the vote today on There are very divergent views in the So the average household—if you are the alternative that I and others have Senate on a bipartisan basis, and I wealthy, my goodness, $300 or $400 worked on collectively in a bipartisan think as we consider those divergent more in costs; 5 percent of your income way will not be allowed to get it right.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4638 CONGRESSIONAL RECORD — SENATE April 29, 2004 If we fail, and if we go into the fall ing telephone calls made over the necticut by some $170 million, or $265 and gas prices keep ticking up and Internet, the way in which those are million out of Kentucky’s treasury, or somebody over in the Middle East says, handled and taxed would not be $110 million out of Louisiana’s Treas- Got them where we want them, let’s changed. So this is a compromise pro- ury, or $225 million out of Massachu- crank, I must say the American con- posal. setts’ treasury, or $360 million out of sumer has a right to grow angry and a We have had 3 days of debate. It Michigan’s treasury, or $285 million right to be frustrated because their po- doesn’t involve sales taxes or property out of Minnesota’s treasury, or $600 litical process—and those of us who taxes or utility taxes or any other million out of New Jersey’s treasury, have been invested with the responsi- kinds of taxes. This is a question of or $370 million out of North Carolina’s bility of making it work—have denied whether there ought to be double tax- treasury, or $358 million out of Ten- them reasonable, high-quality energy ation on something folks have already nessee’s treasury, or $200 million out of of the kind they ought to expect. Now paid for, and that is Internet access. I Wisconsin’s treasury? The list goes on. they better start demanding it. hope we will be able to invoke cloture I have said on the Senate floor before I yield the floor. on the McCain substitute and be able and I will say it again: If we want to do Mr. WYDEN addressed the Chair. to go on with the amendment process. something good for the telecommuni- The PRESIDING OFFICER. The Sen- We have had 3 full days of debate. I cations industry—I do, and I am sup- ator from Oregon. compared it to prolonged root canal portive of a number of other initiatives Mr. WYDEN. Mr. President, I hope work because I know this is not inher- for the industry—if we are supportive we can get cloture in a few minutes. ently the most fascinating subject. I of tax credits or allowing companies to The PRESIDING OFFICER. The Sen- hope today we can invoke cloture on expense their investments, we should ator will yield. the McCain substitute and get about pay for it as Federal legislators. It is Mr. DASCHLE. Mr. President, who the task of amending and passing the wrong for us to say we are going to controls time? bill, and I yield the floor. give a break to the telecommuni- The PRESIDING OFFICER. The lead- Mr. DASCHLE. Before I yield addi- cations industry, or any other indus- er controls the time. tional time, I know Senator CARPER try, and say not only are we not going Mr. DASCHLE. That was my under- wanted 5 minutes, and I will yield to to pay for it, but we will tell the State standing. How much time remains? our distinguished manager, the Sen- and local governments they have to The PRESIDING OFFICER. There is ator from North Dakota, 5 minutes. pay for it. In my view, that is wrong. 24 minutes 30 seconds on your side, 11 But I want to be sure people under- That is not treating other people the minutes on the other side. stand there will be three votes, regard- way we want to be treated, and it is Mr. DASCHLE. How much time will less of the outcome of these votes. something we shouldn’t countenance the Senator from Oregon require? There will be a vote on the Daschle today. Mr. WYDEN. Five minutes will be amendment; there will be a vote on clo- We are going to vote on cloture in a plenty, if that is acceptable to the ture on the energy amendment offered short while with respect to the McCain leader. by the Senator from New Mexico; and amendment. Let me say this: There is Mr. DASCHLE. I hope we can yield there will be a vote on McCain, a clo- a reasonable compromise between back as much time as possible to ac- ture vote on the McCain substitute, the where Senator ALEXANDER and I stand commodate the votes as quickly as pos- amendment pending. There will be and where Senator MCCAIN stands. sible, but I am happy to yield to the three cloture votes. There is a reasonable compromise. We Senator from Oregon 5 minutes and the I know there was some question as to will get to that compromise with a Senator from Delaware 5 minutes. whether there would be a vote, given ‘‘no’’ vote on cloture. I am convinced Mr. WYDEN. Mr. President, I will be how the amendments may be resolved. that we will get it. very brief. We have had 3 full days of The votes will be cast regardless. I stood here last week and urged peo- debate on the Internet tax question. I I yield the floor to accommodate the ple to vote no on the cloture on the am hopeful we will be able to get clo- requests made by my colleagues. Frist bill on asbestos. I said if we do it, ture on the McCain substitute. The PRESIDING OFFICER. The Sen- we will create a dynamic where real If the Alexander proposal, the alter- ator from Delaware is recognized for 5 compromise and consensus can be built native, is accepted, all across this minutes. around asbestos—a very difficult issue. country folks who now get a message Mr. CARPER. Mr. President, the We voted no on cloture, and as we that says ‘‘You’ve got mail,’’ will get a question here today is not whether we gather here right now, over in SH–216 message that says ‘‘You have special want to tax people’s access to the in Hart there are serious meetings taxes.’’ Internet. We don’t. None of us want to going on to get us to a real settlement What Senator ALLEN and I have done do that. That is not the issue. on asbestos. over the last 3 days on the floor of the The question is, are we going to say We need real negotiation. A ‘‘no’’ Senate is outline, under the Alexander to State and local governments that vote on cloture on McCain does not end proposal, the scores and scores of local have collected a portion of their taxes prospects for consensus, but it actually jurisdictions that would be able to im- for years from telecommunications, creates it. I urge my colleagues to vote pose these special taxes on electronic from telephone services, are we going no. commerce. to take away their ability to do that? The PRESIDING OFFICER (Mr. GRA- Over the last 7 years, we have heard We are going to reduce their ability to HAM of South Carolina). The Senator these State and local projections by do that? We are going to reduce their from North Dakota is recognized. governmental bodies about how rev- revenue base but at the same time, Mr. DORGAN. Mr. President, let me enue would be lost. In each instance, whatever shortfall they realize, we are make a brief comment in response to colleagues, they have not come to pass. not going to make up for it? the comments of my colleague from In 1997, for example, the National Gov- Ever since the time of Alexander Idaho. ernors Association said that our Inter- Graham Bell, State and local govern- He is quite correct. We have an ur- net tax freedom bill would cause the ments have been collecting taxes on gent situation with respect to energy. virtual collapse of the State and local traditional telephone services. What is We have two subjects at this point. One revenue system. That next year rev- at issue here is whether we are going to is the underlying bill, the Internet tax enue went up $7 billion. empty the State and local treasuries to bill, and the other represents amend- All we are trying to do in the McCain the tune of as much as $20 billion in ments offered by my colleague, Sen- compromise, and it is, in fact, a com- the years ahead, at a time when they ator DASCHLE, and an amendment of- promise—Senator ALLEN and I have are facing the greatest fiscal crisis fered by Senator DOMENICI. I intend to sought a permanent ban on multiple they have faced since World War II. support cloture with respect to both of and discriminatory taxes on electronic Are we going to empty the treasury these initiatives. commerce. We are compromising now of California by another $836 million? I want to respond to my colleague so that it is a 4-year proposal. We have It is already empty. Do we want to from Idaho who says, Shame on us, this made it clear to the other side regard- empty the treasury of the State of Con- is false procedure, it is politics, and

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4639 someone is trying to take over the True, the idea of using an Internet tax bill STATE OF TENNESSEE, floor of the Senate, and so on. to pass a law on energy was not original to DEPARTMENT OF REVENUE, If we believe that we have an urgent Mr. Domenici. He proposed his ‘‘amendment’’ Nashville, TN, April 28, 2004. need to pass an energy bill—inciden- only after the Senator minority leader, Hon. LAMAR ALEXANDER, Thomas A. Daschle (D–S.D.), proposed an- Hart Senate Office Building, tally, I was one of those who supported other ‘‘amendment’’—one promoting the use Washington, DC. an energy bill when it came to the Sen- of ethanol, a piece of pork much beloved by ate floor, and it lost by two votes—if DEAR SENATOR ALEXANDER: We were asked members of Congress representing corn-pro- by your office to evaluate the impact of the there is a time and place to do that, we ducing states. ‘‘McCain Compromise’’ bill to preempt cer- are going to have a cloture vote. I sug- After Mr. Daschle’s proposal, Republicans tain state and local taxes on Internet access gest with respect to his suggestion first condemned the Democratic leader for and related services. After reviewing the about anger, hold your anger for a cou- attaching a ‘‘non-germane’’ proposal to the McCain Compromise language, it is our con- ple of hours until we see how we vote Internet bill—and then decided not to beat clusion that the proposed compromise does on cloture. If we want to debate en- him but to join him. There are various other nothing to mitigate the adverse impact that ergy, let us do that. I am in favor of de- layers of complication, but the probable re- S. 150 would reap on our state revenue struc- bating energy. I am also in favor of sult will be a messy series of votes today, ture. To put this in dollar terms, we believe after which both amendments will fail. If Tennessee would lose approximately $350 concluding the bill dealing with Inter- that doesn’t happen, and if Mr. Domenici’s million annually in revenue. This loss would net taxation. amendment gets a full vote, the Senate could increase as additional services migrate to Also, my colleague, Senator CARPER, find itself grappling with a large, com- the Internet. Given that Tennessee imposes a said that he is not in support of taxing plicated piece of law stuck to another piece broad levy on telecommunications services, access to the Internet. I am not, either. of law, which would then become tangled fur- we believe that the majority of sales taxes I have previously supported a morato- ther in conference with the House. We can collected on this levy are at stake. This loss rium on taxation. I hope before this only hope the Senate will be wise enough to does not include services which may be bun- process is over, I will be able to support avoid such an outcome. dled with the sale of Internet access. this. But we are dealing with two dif- It would make far more sense for senators HOW THE MCCAIN COMPROMISE REDUCES STATE ferent subjects. who are interested in some aspect of this leg- REVENUES islation—whether ethanol or electricity reg- My colleague from Idaho just de- First, the proposed language does not do scribed the subject of energy. My point ulation or renewable fuels—to design bills around those issues and vote on them sepa- anything to correct the fundamental prob- on energy is very simple: There is a rately, judging each by its own merits. But lems that exist in the definition of Internet way to deal with energy sooner rather that would be too rational for this Senate, access. One aspect of the proposed changes in than later. The way to do that is vote which seems almost to prefer doing things the McCain Compromise continues to perpet- for cloture in the next half hour or so, sideways. uate the unfunded mandate on states that which I intend to do. prevents states from taxing telecommuni- I yield the floor. The PRESIDING OFFICER. The Sen- cations ‘‘to the extent such services are purchased, used, or sold by a provider of Inter- Mr. MCCAIN. Mr. President, I intend ator from Tennessee. net access to provide Internet access.’’ to yield 3 minutes to the Senator from Mr. ALEXANDER. Mr. President, I Tennessee and then yield the remain- note that the Washington Post is rec- This has the effect of exempting tele- der of my time. I understand the Sen- ommending support for the Alexander- communication services that makeup the Internet backbone, the ‘‘middle mile’’ tele- ator from North Dakota is going to Carper version of the legislation. This communications used by Internet Service yield the remainder of his time also; is is not about taxes. This is not about Providers to provide internet access, and the that correct? the Internet. This is about Senators ‘‘last mile’’ telecommunications services Mr. DORGAN. Yes. and Congressmen coming to Wash- used to connect an end user to the Internet. Mr. MCCAIN. Mr. President, I yield ington, passing an expensive idea, and The Alexander-Carper bill provided a much myself 20 seconds before then. sending the bill home to State and more limited preemption for the ‘‘last mile’’ I commend to my colleagues this local governments. telecommunications services used to connect morning the Washington Post editorial the consumer to the Internet. I am voting against cloture on the entitled ‘‘Energy Follies.’’ I quote: While the sale of Internet access to the McCain proposal and against cutting consumer is no longer subject to sales tax in It would make far more sense for Senators off debate because this legislation who are interested in some aspect of this leg- Tennessee, the state does impose tax on all islation—whether ethanol or electricity reg- breaks our promise to State and local telecommunications services used in connec- ulation or renewable fuels—to design bills government. tion with providing or receiving Internet ac- around those issues and vote on them sepa- cess. This tax would be eliminated under In 1994, 300 Republicans stood on the S150 or the McCain Compromise. rately, judging each by its own merits. But Capitol steps and said: No money, no that would be too rational for this Senate, mandate; break our promise, throw us Second Tennessee is deeply concerned that which almost seems to prefer doing things the term Internet access is defined to ‘‘in- sideways. out. In 1995, the Republican majority clude access to proprietary content, informa- passed the Unfunded Mandate Reform I ask unanimous consent that the tion, and other services that are a part of a Act. There are 62 Senators serving in package of services offered to users.’’ As long editorial be printed in the RECORD, and this body today who voted for that. distance services and other services are in- I yield 3 minutes to the Senator from This legislation breaks our promise creasingly bundled with Internet access, we Tennessee. are concerned that these telecommuni- There being no objection, the mate- in a big way. The Congressional Budget cations services become subject to the pre- rial was ordered to be printed in the Office tells us it is an unfunded man- emption pursuant to this broad language. RECORD, as follows: date. The National League of Cities Third, the VOIP exception to the morato- [From the Washington Post, April 29, 2004] says it is a nightmare. The National rium actually does nothing for the states’ ENERGY FOLLIES Governors Association says it can cost abilities to tax that or similar services that The Senate’s machinations over the energy States up to $18 billion a year because may migrate to the Internet. Current Ten- bill this week seem to prove the existence of of language in the proposal. The com- nessee law allows the state and local govern- a link between overly complex parliamen- missioner of revenue from the State of ments to tax VOIP as a telecommunications tary procedures and bad law. The original Tennessee says in a letter dated yester- service, as long as there is no federal pre- energy bill, as readers will remember, failed day, to put it in dollar terms, Ten- emption. The McCain ‘‘exception’’ to the federal preemption does not apply to voice serv- to pass last November, and for good reason. nessee would lose $350 million a year, Its size, price and expensive perks for indus- ices that are a package of services offered up to about 5 percent of the States with Internet access, and since that is how try became too much even for a majority of budget. senators. Since then, Sen. Pete V. Domenici VOIP services are currently sold and prob- (R–N.M.) and the Senate leadership have I ask unanimous consent to have ably will continue to be sold, the exception been looking for another way to pass it, or at those three documents printed in the is the McCain bill in fact provides no protection against states losing revenue as phone least most of it. They’ve now found a place: RECORD. The bill, which in its ‘‘slimmed-down’’ services migrates to VOIP. version numbers more than 900 pages, has There being no objection, the mate- To summarize, Tennessee continues to sup- been attached as an amendment to a bill on rial was ordered to be printed in the port the provisions of S. 2084 or a straight 2 Internet tax law. RECORD, as follows: year extension of the original moratorium.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4640 CONGRESSIONAL RECORD — SENATE April 29, 2004 If you have further questions, please do not laws in place before 1998 and prohibiting only used to deliver that offering are also tax hesitate to call (615) 741–2461 my office of the new taxes on Internet access. In contrast, free, states could quickly see their tele- Tennessee Department of Revenue. H.R. 49 and S. 150 would cost states much communications tax base erode to nothing. Sincerely, needed revenue by repealing the grandfather Language in S. 150 as amended and S. 2084 LOREN L. CHUMLEY, clause and expanding the law to prohibit that requires service providers to unbundled Commissioner. taxes on telecommunications ‘‘used to pro- taxable services from non-taxable Internet vide Internet access.’’ Stating that the pro- access is helpful, but only if the universe of NGA SUPPORTS REASONABLE EXTENSION OF posed bills would trigger a possible point-of- what constitutes Internet access is actually THE INTERNET TAX FREEDOM ACT order under the Unfunded Mandates Reform limited. The National Governors Association (NGA) Act, the Congressional Budget Office (CBO) 3. Stay flexible—A temporary solution is supports extending the federal ban on state estimates removing the grandfather provi- better than permanent confusion. and local taxation of Internet access in a sion would cost states between $80 and $120 Rapid pace innovation in the Internet and manner that is technology neutral and fis- million annually. The effect of the second telecommunications industries makes it dif- cally fair to state and local governments. provision could be even greater. ficult to define accurately these complex and Unfortunately, two pieces of legislation cur- ‘‘[D]epending on how the language altering ever-changing services. The original morato- rently moving through Congress violate the definition of what telecommunications rium was made temporary in part for this these basic principles. The House of Rep- services are taxable is interpreted,’’ the CBO reason—to provide Congress, industry and resentatives has already passed H.R. 49 and said, ‘‘that language also could result in sub- state and local governments with the ability S. 150 is currently under consideration in the stantial revenue losses for states.’’ With to revisit the issue and make adjustments Senate. By permanently expanding the defi- state and local governments collecting over where necessary to accommodate new tech- nition of tax-free Internet access, both bills $18 billion in telecommunications taxes an- nologies and market realities. The fact that rob state and local governments of existing nually, any significant change in the tax- the courts, the Federal Communications revenues while creating a tax free zone for ability of telecommunications could cost Commission and Congress are all in the proc- future communications services. states billions of dollars. At a time when ess of examining and redefining the core ele- The NGA calls upon Congress to adopt S. state and local governments are facing large ments of what constitutes telecommuni- 2084, the ‘‘Internet Tax Ban Extension and increases in mandatory spending and stag- cations and Internet access underscores the Improvement Act.’’ This compromise bill, nant revenue growth, Congress should not need for caution. With so much uncertainty, sponsored by Senators Alexander and Carper, exacerbate state fiscal problems by inter- a temporary extension of the moratorium is offers a reasonable extension of the morato- fering with the collection of existing taxes. the best way to avoid unintended con- 2. Be clear—Definitions matter. rium while addressing industry concerns for sequences from a permanent moratorium. The original moratorium split the defini- technological neutrality without unduly bur- CONCLUSION tion of Internet access into two parts: a dening state and local governments. broad and inclusive description of Internet NGA supports S. 2084 because it best re- BACKGROUND access and an absolute exclusion of tele- flects a balance between state sovereignty Although the U.S. Constitution grants communications services from the morato- and federal support for the Internet. First, it Congress broad authority to regulate inter- rium. The definition read: ‘‘Internet access protects states by drawing a line in the sand state commerce, the federal government, means a service that enables users to access to prohibit new taxes on Internet without historically, has been reluctant to interfere content, information, electronic mail, or interfering with existing state taxes. Second, with states’ ability to raise and regulate its other services offered over the Internet, and by making the connection from a consumer own revenues. State tax sovereignty is a may also include access to proprietary con- to their Internet access provider tax free, the basic tenet of the federalist system and is tent, information, and other services as part Alexander-Carper bill actually levels the fundamental to the inherent political inde- of a package of services offered to users. playing field for competing technologies pendence and viability of states. Only in the Such term does not include telecommuni- without overreaching. Third, it gives Con- most narrowly defined exceptions has Con- cations services.’’ gress, industry and states a chance to revisit gress crossed that line. The exclusion of telecommunications serv- the Act by making the moratorium expire The 1998 ‘‘Internet Tax Freedom Act’’ ices protected states by clarifying that after two years. For these reasons NGA sup- (ITFA), which imposed a moratorium on Internet access was a separate, distinct and ports S. 2084 as a true compromise that is state or local taxation of Internet access, is limited service. It also clearly preserved ex- fair to industry, respectful of states, and one exception to this long held practice. The isting state and local taxes on telecommuni- good for consumers. ITFA expired briefly in 2000 but Congress re- cations services that amounted to over $18 newed it through November 1, 2003. Designed billion in 1999. The definition, however, al- STATE AND LOCAL TELECOMMUNICATIONS TAXES to ‘‘jump start’’ the then-fledgling Internet lowed some jurisdictions t4o tax the tele- POTENTIALLY AT RISK UNDER H.R. 49/S. 150 industry, the moratorium included three im- communications component of certain [In millions of dollars] portant restrictions to protect states: broadband technologies like DSL while oth- Revenues at (1) It applied only to new taxes—existing ers remained tax-free. This perceived in- Revenues at taxes were grandfathered; risk under S. equity led to a push to alter the definition of risk under H.R. 150 as 49 1 (2) The definition of Internet access, while Internet access in H.R. 49 and S. 150 to make amended 2 broad, excluded telecommunication services; tax free telecommunications services ‘‘used and to provide Internet access,’’ as a means of Alabama ...... $213 $115 (3) The bill expired after two years to allow Alaska ...... 18 13 making the ITFA technology neutral. This Arizona ...... 308 146 Congress, states and industry the oppor- change, however, is too broad. Not only Arkansas ...... 146 101 tunity to make adjustments for rapidly de- would it prohibit taxes states and localities California ...... 1,495 836 veloping technologies and markets. Colorado ...... 293 169 are collecting on DSL, it would also exempt Connecticut ...... 276 170 THE NGA POSITION all telecommunications services used any- Delaware ...... 27 17 District of Columbia ...... 120 116 Today, over 130 million Americans access where along the Internet—from the end-user Florida ...... 1,490 1,059 the Internet using everything from dial-up all the way to and including the ‘‘backbone.’’ Georgia ...... 344 182 modems, high-speed broadband, and Digital Compared to the original moratorium, which Hawaii ...... 51 48 Idaho ...... 37 3 Subscriber Line (DSL) offerings to wireless expressly exempted telecommunications Illinois ...... 1,000 807 technologies and even satellite and power from its scope, H.R. 49 and S. 150 could ulti- Indiana ...... 265 148 line connections. The Internet’s broad reach mately put at risk most, if not all, state and Iowa ...... 137 49 Kansas ...... 172 74 and technological promise is also trans- local telecommunication tax revenue. (See Kentucky ...... 284 192 forming entire industries such as tele- below.) Louisiana ...... 207 69 communications, which is rapidly migrating H.R. 49 and S. 150 would also intensify a Maine ...... 67 28 long-standing problem with the original defi- Maryland ...... 369 222 all of its services to Internet based tech- Massachusetts ...... 411 256 nologies and rolling out new services such as nition: the unlimited ability to bundle to- Michigan ...... 678 477 Voice Over Internet Protocol (VOIP). gether content and ‘‘other services’’ into a Minnesota ...... 226 135 single offering of tax-free Internet access. Mississippi ...... 190 90 As Congress considers legislation to extend Missouri ...... 334 216 the moratorium, NGA encourages members Services such as VOIP highlight the risk Montana ...... 46 7 to adhere to the following guidelines to states face from this broad definition. Unlike Nebraska ...... 101 59 traditional telecommunications services, Nevada ...... 52 22 maintain the balance struck by the original New Hampshire ...... 65 56 moratorium, a balance that encouraged the VOIP uses the Internet to transmit voice New Jersey ...... 699 473 growth of the Internet but still respected communications between computers, phones New Mexico ...... 125 101 and other communications devices. Industry New York ...... 1,904 1,418 state sovereignty: North Carolina ...... 308 225 1. Do no harm—Any extension of the mora- observers expect 40 percent of all telephone North Dakota ...... 32 22 torium should preserve existing state and calls in the United Sates to be Internet based Ohio ...... 680 345 local revenues. within five years. If VOIP is allowed to be Oklahoma ...... 258 166 Oregon ...... 113 63 The original moratorium protected exist- bundled with Internet access into a single Pennsylvania ...... 672 547 ing state revenues by grandfathering tax tax-free offering, and telecommunications Rhode Island ...... 100 77

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4641 STATE AND LOCAL TELECOMMUNICATIONS TAXES collect telecommunications taxes and fran- the pending cloture motion, which the POTENTIALLY AT RISK UNDER H.R. 49/S. 150—Continued chise fees. Their bill would create parity clerk will state. [In millions of dollars] among all types of Internet platforms, The legislative clerk read as follows: whether phone lines, cable modems or digital CLOTURE MOTION Revenues at subscriber lines (DSL). Revenues at risk under S. Let’s be clear. Our position has never been We the undersigned Senators, in accord- risk under H.R. 150 as 49 1 an attempt to tax e-mail or impose new ance with the provisions of Rule XXII of the amended 2 taxes on the Internet. Instead, we are simply Standing Rules of the Senate, do hereby South Carolina ...... 196 90 insisting that local revenue authority for move to bring to a close the debate on the South Dakota ...... 48 25 America’s cities and towns not be eroded by Daschle amendment No. 3050 to S.150: Tennessee ...... 348 196 Texas ...... 1,724 1,213 an unnecessary law that siphons money out Thomas Daschle, Harry Reid, Jeff Binga- Utah ...... 160 89 of local coffers and pumps it directly into man, Kent Conrad, Byron L. Dorgan, Vermont ...... 30 17 the telecommunications industry. Tom Harkin, Dick Durbin, Max Bau- Virginia ...... 329 148 Washington ...... 492 331 On the important issue of protecting local cus, Daniel L. Akaka, Evan Bayh, West Virginia ...... 73 36 revenue streams to support essential public Debbie Stabenow, Mark Dayton, Jay Wisconsin ...... 363 255 services, the Alexander-Carper bill is the Rockefeller, Ben Nelson, Tim Johnson, Wyoming ...... 22 13 best solution for America’s cities, towns and Carl Levin. Total ...... 18,098 11,732 consumers. The PRESIDING OFFICER. By unan- 1 H.R. 49: Figures assume the loss of all state and local telecommuni- Mr. ALEXANDER. Mr. President, imous consent, the mandatory quorum cations transaction taxes and business taxes as companies migrate their this proposal violates the Budget Act. telecommunications services to the Internet. call has been waived. 2 S. 150: Includes all telecommunications taxes except for 911 fees and It breaks our promise. While it has dis- The question is, Is it the sense of the business taxes such as property taxes, capital stock taxes on net worth, or tinguished support among my col- sales and use taxes on business inputs. Senate that debate on amendment No. Source: Special Report/Viewpoint ‘‘Telecommunications Taxes: 50-State leagues, it is a political trick because 3050 offered by the Senator from South Estimates of Excess State and Local Tax Burden,’’ Robert Cline, State Tax it means lower taxes here and higher Dakota shall be brought to a close? Notes, June 3, 2002. taxes there. The yeas and nays are required. The I suggest that my colleagues might ALEXANDER-CARPER INTERNET TAX BILL clerk will call the roll. go home and ask legislators and may- PROTECTS LOCAL AUTHORITY The bill clerk proceeded to called the ors whether they plan to fire teachers WASHINGTON.—The following is an opinion- roll. editorial by the National League of Cities or raise local property taxes, whether Mr. REID. I announce that the Sen- that will appear in the Nation’s Cities Week- they plan to raise college tuition or ator from Massachusetts (Mr. KERRY) ly Monday April 26: raise their State’s tax on food, or is necessarily absent. This coming week, Congress will consider whether they plan to let prisoners out The PRESIDING OFFICER. Are there two vastly different approaches to local rev- of jail or put in a new State income any other Senators in the Chamber de- enue authority in the area of Internet taxes. tax. siring to vote? One is an important step forward in the right This legislation has the wrong name. The yeas and nays resulted—yeas 40, direction. The other would be a nightmare It at least has an incomplete name. It for America’s cities, towns and consumers. nays 59, as follows: The stakes in this issue are enormous and ought to be called the ‘‘Higher Local [Rollcall Vote No. 73 Leg.] far-reaching. Property Tax Act of 2004’’ or the YEAS—40 The step in the right direction is offered by ‘‘Higher State Income Tax Law of 2004’’ Sen. Lamar Alexander (R-Tenn.) and Sen. Akaka Durbin Lieberman because that is inevitably what would Baucus Edwards Lincoln Thomas Carper (D-Del.) Their bill, the Inter- happen. This does not have to happen Bayh Feingold Lugar net Access Tax Ban Extension and Improve- this way. There is a better way. Biden Graham (FL) Mikulski ment Act (S. 2084), would preserve local au- I support a 2-year ban on State and Bingaman Hagel Murray thority to collect existing, legally due taxes Breaux Harkin local taxation of the Internet. I have Nelson (FL) and it would help clarify Internet tax issues. Byrd Hollings Nelson (NE) The National League of Cities supports the suggested four ways to fix the McCain Cantwell Inouye Pryor Carper Jeffords Alexander-Carper bill. substitute. I would take the Texas law Reid Conrad Johnson Rockefeller The wrong approach is the ‘‘Internet Tax that President Bush passed in 1999 and Daschle Kennedy Sarbanes Non-Discrimination Act’’ (S. 150), which make it permanent, giving everybody Dayton Kohl would strip away local authority to collect up to a $25 credit on their tax. Dodd Landrieu Stabenow vital revenue and would cost America’s cit- We need to continue this debate. We Dorgan Levin ies and towns billions of dollars in lost rev- need a comprehensive review. The in- NAYS—59 enue. S. 150 would deny local authority to collect dustry doesn’t need a subsidy. My hope Alexander DeWine Miller a range of legally due taxes and threaten as is that Congress will continue to de- Allard Dole Murkowski much as $9 billion in local revenue that bate and decide if it intends to give an Allen Domenici Nickles Bennett Ensign funds police officers, teachers and other es- additional subsidy to the high-speed Reed Bond Enzi Roberts sential local services and infrastructure in Internet access business that we in Boxer Feinstein Santorum cities and towns across America. Congress pay the bill with Federal dol- Brownback Fitzgerald Schumer By redefining ‘‘Internet access,’’ this bill lars rather than sending the bill back Bunning Frist Sessions Burns Graham (SC) would squash local and state authority to Shelby to State and local governments. Campbell Grassley collect current gross receipts taxes, right-of- Smith I thank the Chair. Chafee Gregg way fees, and other existing taxes on tele- Snowe Chambliss Hatch communications services. The PRESIDING OFFICER. Who Specter yields time? Clinton Hutchison Not only would the bill trample local rev- Cochran Inhofe Stevens enue authority, it dishes out a multi-billion Mr. MCCAIN. Mr. President, I intend Coleman Kyl Sununu tax break to the telecommunications indus- to yield back the remainder of my Collins Lautenberg Talent try—at the expenses of local and state tax- time. Cornyn Leahy Thomas payers, small businesses and working fami- I ask unanimous consent that there Corzine Lott Voinovich lies. Craig McCain Warner be 2 minutes equally divided prior to Crapo McConnell Wyden The net impact of S. 150? Lost revenues, the second and third votes and that the cuts to services and additional fiscal burdens NOT VOTING—1 votes be limited to 10 minutes each. for local governments. Kerry The National League of Cities strongly op- The PRESIDING OFFICER. Is there poses S. 150 and urges you to let your mem- objection? Without objection, it is so The PRESIDING OFFICER. On this bers of Congress know that the bill is bad ordered. vote, the yeas are 40, the nays are 59. news. The bill is likely to come up for con- Mr. MCCAIN. I yield the remainder of Three-fifths of the Senators duly cho- sideration on the Senate floor for debate my time. sen and sworn not having voted in af- early this week. Mr. REID. I yield the time of the mi- firmative, the motion is rejected. The right approach is the Alexander-Car- nority. Mr. CRAIG. Mr. President, I move to per bill, S. 2084, which will be offered as a substitute for S. 150. CLOTURE MOTION reconsider the vote and to lay that mo- The Alexander-Carper bill defines Internet The PRESIDING OFFICER. Under tion on the table. access in a way that preserves the ability of the previous order and pursuant to rule The motion to lay on the table was local and state governments to continue to XXII, the Chair lays before the Senate agreed to.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4642 CONGRESSIONAL RECORD — SENATE April 29, 2004 CHANGE OF VOTE today is paying the highest price for motor fuels provisions good or work- Mr. LAUTENBERG. Mr. President, I energy in the history of this country? able public policy. Though we know have a unanimous consent request that The reason they are paying it is be- MTBE is environmentally harmful, the on rollcall vote No. 73, I voted ‘‘yea.’’ cause we can’t produce a bill and amendment would allow this product My intent was to vote ‘‘nay.’’ It would change our policies. to be used for 10 more years before we not change the outcome. I ask unani- We have an option. It is quite simple. pull it off of the market. In addition, mous consent that change be made. We can vote for energy by voting for the amendment allows the President to The PRESIDING OFFICER. Without cloture. Then we can vote for McCain, overturn the MTBE ban prior to June objection, it is so ordered. because he is right, it should not be 30, 2014, and continue its use indefi- (The foregoing tally has been here. Domenici will fall. Then we get to nitely. changed to reflect the above order.) where we ought to be today on an The amendment unravels the ozone CLOTURE MOTION Internet tax bill. We didn’t do this. designation process in the Clean Air The PRESIDING OFFICER. Under Somebody else did this and fouled the Act by delaying compliance with the the previous order and pursuant to rule process. Now let’s clear it up. Clean it national health-based air quality ozone XXII, the Chair lays before the Senate up. Vote for energy, vote for cloture. standards until the air in the dirtiest the pending cloture motion, which the Mr. JEFFORDS. Mr. President, as city is cleaned up. Neither the Senate clerk will state. the ranking member of the Senate En- nor the House of Representatives has The legislative clerk read as follows: vironment and Public Works Com- ever considered this damaging provi- CLOTURE MOTION mittee, I want to express my serious sion. It is a leftover from the failed en- We the undersigned Senators, in accord- concern with the content of the amend- ergy bill conference report. ance with the provisions of rule XXII of the ment offered by Senator DOMENICI. Changing cities’ ozone compliance Standing Rules of the Senate, do hereby This amendment differs even from the deadlines under the Clean Air Act move to bring to a close debate on the 2nd surprise energy bill that was intro- doesn’t increase our Nation’s energy degree pending amendment to Calendar No. duced on February 12, 2004, and placed supplies. Exposing the public to contin- 353, S. 150, a bill to make permanent the directly on the Senate’s calendar. ued levels of harmful dangerous air moratorium on taxes on Internet access and Senators should make no mistake, pollution emissions for far more time multiple and discriminatory taxes on electronic commerce imposed by the Internet this legislation is not the product of bi- than allowed under existing law guar- Tax Freedom Act. partisan consensus in the Senate com- antees thousands of more asthma at- Bill Frist, John McCain, George Allen, mittees of jurisdiction. In most re- tacks, more hospital visits and more Pete Domenici, Trent Lott, Chuck spects, this amendment is the energy cases of respiratory distress, disease Hagel, Larry E. Craig, John Ensign, bill conference report we have already and illness. Recently, the EPA an- Craig Thomas, Robert F. Bennett, defeated. And most importantly, it is nounced that there are record numbers James M. Inhofe, Conrad Burns, Don not the right energy policy for Amer- of Americans, more than 165 million, Nickles, Orrin Hatch, Gordon Smith, ica. who are breathing unhealthy air. Saxby Chambliss, Mitch McConnell. I agree with Senator DASCHLE that The change is also unfair to States The PRESIDING OFFICER. Under we should try to reach consensus on that have worked hard to achieve com- the previous order, there will now be 2 targeted pieces of energy legislation. pliance with the Clean Air Act’s minutes of debate equally divided. We could pass legislation on issues health-based national standards. Why The Senator from Arizona. such as renewable motor fuels, as Sen- should areas that have done little or Mr. MCCAIN. Mr. President, I urge ator DASCHLE has proposed with his nothing to reduce emissions be given a my colleagues to vote against cloture amendment. We could enact fiscally re- free pass from halting local pollution? on the Domenici amendment. It has sponsible extensions of needed energy This amendment also provides unprece- really no business on an Internet tax tax provisions, such as the wind energy dented relief for a single region of the bill. We all know that. I read again tax credit. National electricity reli- country from application of the entire from the Washington Post of this ability standards are another area in Clean Air Act, without a hearing in the morning: which Senator CANTWELL and I believe Environment and Public Works Com- It would make far more sense for Senators there could be agreement and we could mittee or Senate consideration. who are interested in some aspect of this leg- pass a bill. The amendment continues the ad- islation, whether ethanol or electricity regu- ministration’s drive to greater depend- lation or renewable fuels, to design bills But there should be no agreement on around those issues and vote on them sepa- the poor environment policy that is ency on old technologies and fuel sys- rately, judging each by its own merits. But contained in this amendment. The Sen- tems. This focus will increase green- that would be too rational for this Senate ate should reject this amendment, and house gas emissions and keep us on the which seems almost to prefer doing things oppose cloture. wrong path that increases the risks sideways. As with the energy bill conference re- from global warming and climate There is no need for this legislation port, nearly a hundred sections of this change. on the bill. It has no place on it. I can amendment are in the jurisdiction of This amendment also continues to assure my colleagues it would be the Environment and Public Works include language from the failed en- dropped in conference if it were adopt- Committee. We were not consulted on ergy bill that exempts oil and gas ex- ed. any of these provisions, and I have re- ploration and production activities Mr. DOMENICI. How much time do peatedly raised concerns about them from the Clean Water Act stormwater we have? on the Senate floor. program. The Clean Water Act requires The PRESIDING OFFICER. The Sen- This amendment does not represent permits for stormwater discharges as- ator from New Mexico has 1 minute. the kind of forward-looking balanced sociated with construction activity. Mr. DOMENICI. I yield my time to energy policy that our Nation needs. The amendment changes the Act to Senator CRAIG. The Senate should be able to ensure provide a special exemption for oil and Mr. CRAIG. Mr. President, the Sen- that our constituents have reliable gas construction activities from ator from Arizona is absolutely right. electric power without polluting their stormwater pollution control require- Energy should not be on an Internet drinking water. Our constituents de- ments. The scope of the provision is ex- tax bill. But if you want to vote for en- serve cleaner gasoline without requir- tremely broad. Stormwater runoff typi- ergy this year, if you want to go home ing them to breath dirtier air. We cally contains pollutants such as oil to your consumers and say: I voted for should be able to promote renewable and grease, chemicals, nutrients, met- a comprehensive energy bill, this may energy without waiving environmental als, bacteria, and particulates. be the last chance you will have. The laws. I have told colleagues this before but reality is, if you vote for cloture on This amendment seriously harms the EPA estimates that this change would Domenici and then you vote for cloture environment. The supporters have said exempt at least 30,000 small oil and gas on McCain, Domenici falls. So weigh it that a waiver of liability for MTBE sites from clean water requirements. In out. Weigh the odds. What do you want producers is not contained in this addition, every construction site in the to go home and tell the consumer, who amendment. That does not make the oil and gas industry larger than 5 acres

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4643 would be exempt as well. The large recting the Department of Energy, if the SPR inventory grows, and OPEC sites have held permits for 10 years or DOE, to ‘‘as expeditiously as prac- does not accommodate that growth by more. That is a terrible rollback of cur- ticable acquire petroleum in amounts exporting more oil, the increase comes rent law. I want Senators to imagine sufficient to fill the Strategic Petro- at the expense of commercial inven- trying to explain to constituents why leum Reserve to the [1 billion] barrel tories. Most analysts agree that oil an oil drilling site that had to comply capacity.’’ By directing DOE to take prices are directly correlated with in- with the Clean Water Act for 10 years tens of millions of barrels of oil off the ventories, and a drop of 20 million bar- suddenly no longer needs to do so. market at a time when supplies are rels over a 6-month period can substan- So let’s review the contents of this tight and prices high—as they have tially increase prices.’’ amendment. This amendment pollutes been for the past 2 years—this bill For these reasons, in 2002, DOE SPR our surface and groundwater by ex- would tighten supplies in the commer- staff recommended against buying empting oil and gas development from cial inventories even further, drive oil more oil for the SPR in tight markets. provisions of the Clean Water Act. It and gasoline prices even higher, and The administration chose to ignore pollutes our drinking water by allow- keep private sector inventories from these warnings. SPR deliveries pro- ing MTBE to seep into our public and building back to normal levels. ceeded. As the DOE staff predicted, oil private drinking water systems for 10 The bill would fill the SPR in a man- supplies tightened, private inventory more years. The amendment pollutes ner that is inconsistent with two re- levels fell, and prices climbed. our land by accelerating development cent amendments adopted by the Sen- In summary, the direction in the bill of energy installations on public lands, ate. Last fall, the Senate unanimously to DOE to fill the Strategic Petroleum including parks, wildlife refuges, and approved an amendment that Senator Reserve by another 300 million barrels, to a total level of 1 billion barrels, is sensitive areas. And this amendment COLLINS and I offered to the Interior pollutes our air in many different Appropriations bill, directing DOE to likely to increase the cost of crude oil ways. It extends pollution compliance develop procedures to minimize the and crude oil products, such as gasoline, home heating oil, and diesel and deadlines and continues to avoid seri- cost to the taxpayer and maximize the jet fuel, to American consumers and ous progress in cleaning up our air. overall supply of oil in the United businesses, with no benefits to our na- There are too many serious problems States when acquiring oil for the SPR. with this amendment. We should not tional security. This amendment expressed the sense of The electricity provisions of the bill invoke cloture on it. The American the Senate that the DOE’s current pro- before us are also deeply flawed. In- people do not want energy security at cedures for filling the SPR have raised stead of improving our current situa- the expense of the environmental qual- oil prices, are too costly for the tax- tion, I believe they will make it worse. ity. We should be passing the pieces of payers, and have not improved our The massive power failure of August the energy bill where we can reach overall energy security. Unfortunately, 2003, on top of the massive price manip- agreement to do so, like those issues I this amendment was not included in ulation perpetrated by Enron and oth- outlined. the Interior Appropriations conference ers, provided additional proof—proof We should not be rushing to pass leg- report, and the administration has con- that should not have been needed—that islation with such serious continued to fill the SPR without regard the United States’ deregulated energy sequences. This is an aggressive, over- to the price or supply of oil. This is a markets are not functioning well to se- reaching amendment, and it is deeply significant reason oil and gasoline cure a supply of energy against inter- flawed. I will vote against cloture, and prices are so high today. ruption. other Senators should as well. In light of the continuing rise in oil The bill before us—the Domenici Mr. LEVIN. Mr. President, this and gasoline prices, and the adminis- amendment—would repeal the Public amendment incorporates a whole en- tration’s refusal to suspend SPR ship- Utility Holding Company Act of 1934, ergy bill. It has many provisions that ments, the Senate approved an amend- PUHCA, long-standing consumer and are deeply flawed. But we are voting on ment that Senator COLLINS and I of- investor protection legislation gov- whether to end debate on a com- fered last month to the budget resolu- erning energy industry structure and plicated, flawed energy bill before de- tion for FY 2005. Our amendment would consolidation. With the repeal of bate has even begun, making it very cancel the planned delivery of 50 mil- PUHCA, the resulting provisions of the difficult to correct those flaws. lion barrels of oil to the SPR from now bill before us fail to provide adequate The Senate passed a comprehensive through sometime in 2005 that would protections to prevent industry market and balanced energy bill in July 2003. have completed the filling of the re- manipulation and consumer abuses. Then, after weeks of closed-door meet- serve. The SPR is 93 percent filled al- The Congress needs to enact manda- ings with virtually no input from ready. Our amendment is being consid- tory reliability legislation, and while Democratic conferees, the Republicans ered in the House-Senate conference on some provisions of the bill would be an put forward a ‘‘take it or leave it’’ en- the budget resolution. improvement over the current vol- ergy conference report that was dras- By directing the DOE to fill the SPR untary system of reliability standards, tically different than the bill that the to 1 billion barrels—300 million barrels other provisions of this bill would take Senate passed. I voted against cloture above its current capacity of 700 mil- us in the wrong direction and could, in on the conference report in November lion barrels—the bill before the Senate fact, make things worse. The bill fails 2003 because it was deeply flawed and today would worsen a SPR policy that to ensure that regional transmission had been produced by a flawed process. is 180 degrees opposite from the direc- organizations, RTOs, will have the au- The Domenici amendment, the energy tion the Senate just approved in the thority to enforce electric reliability bill, which is before the Senate today, Senate budget resolution. standards in order to prevent, or re- suffers from that same problem. There By increasing deposits in a govern- spond effectively to, another blackout. are simply too many provisions on the ment reserve at a time when commer- Further, the ‘‘participant funding’’ negative side of the ledger for me to cial supply is scarce and prices are provision of this bill shifts the cost of support it, and because this is a cloture high, oil companies will meet the addi- building new electric transmission vote, voting yes would make it dif- tional demand for crude oil for the re- such that transmission construction ficult to consider amendments. serve by removing oil from their own will be discouraged and utilities will be At a time when crude oil prices are inventories rather than purchasing encouraged not to participate in RTOs. at 13-year highs, gasoline prices are high-priced oil on the spot market. There is a strong need for a stand-alone reaching new record highs daily, diesel Since the price of oil is so closely tied electricity reliability bill that sets prices are breaking records, and high to inventory levels, filling the SPR mandatory standards, requires utilities jet fuel prices are straining our airline under these market conditions both de- to join RTOs, and establishes con- industry, the Senate should be consid- pletes private sector inventories and sistent rules for enforcement of stand- ering legislation that would do some- pushes up prices for America’s con- ards. But the bill before us today is not thing to lower oil prices. The bill how- sumers. the right answer. ever, would push oil, gasoline, diesel, Two years ago, the DOE’s own staff Two provisions of the bill would sig- and jet fuel prices even higher by di- explained this as follows: ‘‘Essentially, nificantly impede the ability of federal

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4644 CONGRESSIONAL RECORD — SENATE April 29, 2004 and state agencies to investigate and The so-called Barton provisions con- an energy bill scheduled now for some prosecute fraud and price manipulation tained in this amendment would help time for good, open debate, given our in energy markets. If adopted, section some for two Michigan counties, Cass failure to pass the conference report. 1281 would impede state and Federal and Muskegon, those are the only two This is our only option. This does not authority, other than the Commodity counties subject to transport that have in any way preclude a Senator from of- Futures Trading Commission, to inves- been designated under Subpart 2 of fering other energy amendments on the tigate and prosecute wrongdoing in fi- Section 181 of the Clean Air Act. How- Internet tax bill. It doesn’t in any way nancial and commodity markets. It ever, the help is modest because it is undermine a Senator’s right to be would turn the CFTC into a gatekeeper workable only if those areas fail to heard on an energy debate. for all other federal and state inves- meet the standard by the deadline and If we move to cloture, we bring this tigations into matters within CFTC- the EPA decides to ‘‘bump them up’’ to bill to an opportunity that otherwise regulated markets, which would be an a higher classification. we should have had, had the legislation unprecedent intrusion into the enforce- We need to do more to prevent re- been freestanding. So far that has not ment of state and federal consumer strictions from being placed on areas happened. I hope Senators will support protection laws. that are impacted by overwhelming cloture so we can move this energy leg- Section 1282 would impose a higher, transport. The potential consequences islation forward. criminal standard, ‘‘knowingly and of a nonattainment designation are sig- I yield the floor. willfully’’, for filing false information nificant. I will continue to work with The PRESIDING OFFICER. By unan- and for improper phony round trip the EPA and the Congress to ensure imous consent, the mandatory quorum trading than exists under current law. that the Clean Air Act provisions are call has been waived. The new round trip trading provision is applied with common sense so that The question is, Is it the sense of the inconsistent with current law and the counties are not required to take cost- Senate that debate on amendment No. Cantwell amendment that recently ly actions for problems that are cre- passed the Senate, which prohibited 3051, offered by the Senator from New ated downwind, which would be illogi- market manipulation in electricity Mexico, Mr. DOMENICI, shall be brought cal and unfair. to a close? markets. The Senate has worked to create a Manipulation is difficult to prove The yeas and nays are mandatory national energy policy for years, but even under current law. By raising the under the rules. The clerk will call the the bill before us today is not the right burden of proof, this provision will roll. answer. Even if we were to pass it make it nearly impossible to prove ille- The legislative clerk called the roll. today, it will get caught in a logjam gal round trip trading or wash sales. Mr. REID. I announce that the Sen- between the House and Senate on en- Rather than weakening the laws pre- ator from North Carolina (Mr. ergy policy that is centered on the venting fraud and manipulation in en- EDWARDS) and the Senator from Massa- ergy markets, the Congress should be issue of the fuel additive chusetts (Mr. KERRY), are necessarily strengthening these prohibitions. methyltertiarybutylether, MTBE. The absent. Over the past several years, the Per- energy bill conference report that I The PRESIDING OFFICER. Are there manent Subcommittee on Investiga- voted against in November contained a any other Senators in the Chamber de- tions, which I previously chaired and provision that would exempt its pro- siring to vote? on which I am now the ranking minor- ducers from liability. In Michigan, it The result was announced—yeas 55, ity member, has investigated how has been estimated that MTBE has nays 43, as follows: Enron, financial institutions, and oth- contaminated groundwater around over [Rollcall Vote No. 74 Leg.] 700 leaking underground storage tank ers have manipulated financial energy YEAS—55 markets and prices. The record we have sites. There are similar problems in many other states. Alexander Dole Miller established is clear and dramatic. Allard Domenici Murkowski Strengthened oversight and trans- The crux of the matter is that the Allen Dorgan Nelson (NE) parency are critical to the proper func- Senate will not pass legislation that Bennett Durbin Nickles tioning of our energy and financial includes the MTBE provision and the Bond Enzi Pryor Breaux Fitzgerald Reid markets. The provisions in this amend- House will not pass legislation without Bunning Frist it. So we are in a logjam, and I believe Roberts ment will weaken our ability to ensure Burns Grassley Santorum Campbell Hagel these markets are functioning prop- that any legislation that we pass will Sessions Carper Harkin eventually come back to this body con- Shelby erly. Chambliss Hatch Smith There are some provisions of the bill taining the MTBE liability exemption, Cochran Hollings before us that I support. The amend- which would then again be rejected. Coleman Inhofe Specter We should continue work to complete Conrad Johnson Stevens ment contains two provisions that ap- Talent a long-term, comprehensive energy Craig Kyl pear on their face to partially address Crapo Landrieu Thomas the unfair air quality restrictions plan that provides consumers with af- Daschle Lincoln Voinovich placed on a number of Michigan coun- fordable and reliable energy, increases Dayton Lugar Warner ties. These provisions do not go far domestic energy supplies in a respon- DeWine McConnell enough, however, to remedy the nega- sible manner, invests in energy effi- NAYS—43 tive impacts that I have fought against ciency and renewable energy sources Akaka Ensign Lott for years. and protects the environment and pub- Baucus Feingold McCain According to the Michigan Depart- lic health. But the bill before us today, Bayh Feinstein Mikulski ment of Environmental Quality, the offered to legislation on a completely Biden Graham (FL) Murray Bingaman Graham (SC) Nelson (FL) Environmental Protection Agency, different matter, is not the right an- Boxer Gregg Reed EPA, would not be required to act on swer. Nor is voting ‘‘aye’’ to end debate Brownback Hutchison Rockefeller the results of the demonstrations study on an important bill like energy before Byrd Inouye Sarbanes Cantwell Jeffords Schumer that is required by the so-called Upton the debate has begun. Chafee Kennedy Snowe language included in this amendment. The PRESIDING OFFICER. The Clinton Kohl Stabenow Collins Lautenberg It also would not relieve new major Democratic leader. Sununu Mr. DASCHLE. As I understand it, Cornyn Leahy sources from state new source review Corzine Levin Wyden regulations, and it would not release under the rule we had a minute to re- Dodd Lieberman Southwest Michigan from Clean Air spond. Let me just say that I am dis- NOT VOTING—2 Act provisions that mandate specific appointed that we didn’t get cloture on local reductions following completion the Daschle amendment. I am also Edwards Kerry of the study. Finally, it would not pre- troubled by the fact that we find our- The PRESIDING OFFICER. On this vent Southwest Michigan nonattain- selves in this position to begin with. vote, the yeas are 55 and the nays are ment areas from classification bump- We should not be on the Energy bill as 43. Three-fifths of the Senators duly up if the area is unable to attain the an amendment to the Internet tax, but chosen and sworn, not having voted in standard by the deadline. many of us have been asking to have the affirmative, the motion fails.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4645 Under the previous order, there will ting off debate. The Senator from Ari- the proposal, the bottom line is that now be 2 minutes of debate equally di- zona and the Senator from Virginia we need more time. We need more time vided prior to the next vote. have worked hard to make this a good to debate the best possible solution, The Senator from Arizona. amendment. I and my group of col- the way to balance the needs of innova- Mr. MCCAIN. I yield my 1 minute to leagues have been working on this tion versus the needs of the States. the Senator from Virginia, Mr. ALLEN. issue. We are for a 2-year ban on State I remain hopeful that the vote today The PRESIDING OFFICER. The Sen- and local taxation of Internet access is not the end, but rather the begin- ator from Virginia is recognized for 1 but this does much more than that. A ning. That it is the beginning of a solu- minute. vote against cloture, against cutting tion, of a compromise of which both Mr. ALLEN. Mr. President, on behalf off the debate, is a vote to do no harm sides can be proud. That is not out of of Senator MCCAIN, Senator WYDEN, to State and local governments. It will reach, and I call on the leaders to leave myself, and others who are in favor of allow us to continue the debate. I urge the McCain bill on the floor and let us Internet tax freedom, I respectfully my colleagues to vote against cloture. continue to work on a compromise. urge my colleagues to vote for cloture Mr. KOHL. Mr. President, I rise Mr. SMITH. Mr. President, I rise on this amendment. What is at stake is today to add my voice to the debate today in support of the managers’ whether 15- to 18-percent taxes will be surrounding the Internet tax morato- amendment to S. 150, the Internet Tax imposed upon Internet access. rium. I believe strongly we can and Nondiscrimination Act. Although the The Internet is a great invention for should find a reasonable replacement amendment is not perfect, I believe it the advancement of ideas, of informa- for the expired 1998 moratorium on tax- will sufficiently protect consumers tion, for commerce, for telemedicine, ation of internet access, a replacement from State attempts to embrace the and for education. This country has that balances the fiscal needs and Internet as a new platform for tax- been a leader in technology, although rights of the States and the over- ation. Rather than increasing taxes on we are falling behind, particularly in whelming national interest in fostering consumers, we should all work to em- broadband. I ask my colleagues to vote and growing the internet economy. brace the Internet for its potential as a for cloture. The McCain substitute is a solid, and critical source of information and serv- There can be germane amendments I believe well intentioned, first step to- ices and as a tremendous new market- but allow us to go forward. A vote for ward such a compromise. Its provision place for all to access, not just those cloture is a vote for freedom and oppor- to extend the moratorium for 4 years that can afford to pay more taxes. tunity for the American people. Stand seems a reasonable solution to legis- Of course, this vote takes place at a on the side of that principle. lating about an industry that is rapidly time when the economy is beginning to The PRESIDING OFFICER. The Sen- changing. The McCain amendment’s rebound as a result of tax relief—not ator’s time has expired. phasing out of the current grandfather tax increases—and the U.S. high-tech The Democratic leader. provisions over 3 years seems a reason- sector is getting its second wind, pre- Mr. DASCHLE. I ask unanimous con- able compromise with those who would paring to lead the economy once again sent to take 1 minute of leader time to end the grandfather provisions imme- into a period of increased productivity respond. diately. The McCain amendment’s pro- and job growth. Let us not stifle this Mr. President, I was 1 of those 74 visions to exempt ‘‘voice over Inter- by giving a green light to taxing inno- Senators who voted for the motion to net’’ services from the moratorium vation, to taxing Americans’ access to proceed. I want to see this bill com- seem a reasonable answer to the the Internet. pleted. I would like to find a way to re- States’ concerns that their undisputed There is no question that technology solve the outstanding differences. I right to tax the telecommunications boosts U.S. economic output and think that can happen. makes U.S. workers more productive, We have now found ourselves in a po- base be preserved. In its general framework, the McCain and that the U.S. high-tech sector is a sition where cloture would deny Sen- substitute outlines the foundation of a leading force driving our recent eco- ators the opportunity to offer relevant reasonable compromise to the highly nomic growth. Between 1992 and 2000, amendments. They may not be ger- contentious issue of taxation of inter- high tech companies created twice as mane but they certainly are relevant. net access. Unfortunately, the Senate many jobs as non-high private employ- So I would vote against cloture in the has only had a few days to consider the ers nationwide in the United States. hope that we can find a way to con- highly technical and important details Not to mention that these jobs pay, on tinue this debate and allow for the of- of the McCain substitute. And there is average, nearly twice as much as other fering of amendments that are rel- legitimate and heated disagreement private sector jobs. evant. My hope is that at the end of over exactly what the McCain sub- Additionally, the Internet and tech- the day we can reach a conclusion pro- stitute would do. This is exactly the nology have contributed dramatically cedurally as well as substantively. sort of instance in which the Senate to our expanding knowledge base, The PRESIDING OFFICER. Does the should take the time to debate, con- bringing opportunity and hope to those Senator from Tennessee wish to speak? who need them most. Distance learning Mr. ALEXANDER. Did I not have 1 sider, and amend where necessary to is offered to more than 3,300 American minute? produce a true compromise that is The PRESIDING OFFICER. Is there truly workable. Invoking cloture today schools, providing knowledge and edu- an objection to the Senator from Ten- would cut off that very legitimate and cation to anyone who can log on, wher- nessee speaking for 1 minute? necessary process, and therefore I can- ever they live. Not to mention, the increased access to government services, Mr. MCCAIN. I ask unanimous con- not support it. sent that the Senator from Tennessee But we need to keep working to born by State, local and Federal Gov- be allowed 1 minute. reach a compromise on the tax treat- ernment reliance on the Internet to The PRESIDING OFFICER. Without ment of Internet access. As we struggle provide its citizens with valuable gov- objection, it is so ordered. as a nation to address our eroding man- ernment information and services. To The Senator from Tennessee is recog- ufacturing base, one answer is to make realize the full potential of the Inter- nized for 1 minute. our Nation more attractive to Internet net and the digital economy, every per- Mr. ALEXANDER. Mr. President, based companies and our companies son must be able to participate fully. since that would put two speakers on more willing to employ new Internet- But today, we are talking about tax- that side, I ask unanimous consent based technologies. This can’t happen ing the Internet, the vital core of the that one other speaker on the other if States tax every new form of Inter- information technology revolution of side be permitted 1 minute to speak. net-access technology. the 1990s and the single greatest re- Mr. ALLEN. Objection. That is why I am saddened by having source for Americans to have increased The PRESIDING OFFICER. The ob- to vote against cloture today. This was access to vast information resources jection is heard. an extremely difficult decision. I sup- and government services. About this, The Senator from Tennessee. port many aspects of the McCain legis- there should be no question, and no de- Mr. ALEXANDER. Mr. President, I lation. However, as both sides continue bate. With technology playing such a am voting against cloture, against cut- to argue about the potential effects of critical role in our economy, society

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4646 CONGRESSIONAL RECORD — SENATE April 29, 2004 and way of life, one would expect polit- Coleman Hatch Roberts hope we can give them that consider- ical leaders to be supportive of its con- Collins Inhofe Santorum ation. Cornyn Inouye Schumer tinued growth for all Americans. Tax- Corzine Kyl Sessions I hope we can move forward soon ing Internet access has never been good Craig Landrieu Shelby with the amendments. As I last policy, and it isn’t today. Whether ac- Crapo Leahy Smith checked, there are about 30 which were Dayton Lincoln cess is provided by traditional phone Snowe filed. I hope we can move forward, de- DeWine Lott Specter Dole Lugar bate, and dispose of those amendments. lines, high-speed Digital Subscriber Stabenow Domenici McCain Lines, DSL, or even wireless, the Inter- Stevens I thank all of my colleagues for their Ensign McConnell net must remain free of taxation. Sununu cooperation. Fitzgerald Mikulski I yield the floor. To the extent that I have any res- Frist Miller Talent ervations about the amendment, it will Graham (SC) Murkowski Thomas The PRESIDING OFFICER. The Sen- Warner likely prolong the different tax re- Grassley Murray ator from Oregon. Gregg Nelson (NE) Wyden Mr. WYDEN. Mr. President, I ask gimes for DSL and cable modem serv- Hagel Nickles unanimous consent to speak very brief- ice. It is my belief that all high speed NAYS—34 ly after the Senator from New Jersey. data connections should be treated the The PRESIDING OFFICER. Without same and that the government and this Akaka Durbin Lautenberg Alexander Enzi Levin objection, it is so ordered. legislation should not allow any dis- Biden Feingold Lieberman Mr. WYDEN. Mr. President, having parities to continue. Bingaman Feinstein Nelson (FL) been involved in this issue now for 8 Nevertheless, let me reiterate my Breaux Graham (FL) Pryor Carper Harkin years, I can say it has never been easy. support for this bill and the promise Reed Clinton Hollings Reid Certainly what we have seen today that it provides for continued economic Cochran Hutchison Rockefeller demonstrates that once more. Conrad Jeffords growth. I urge my colleagues to join Sarbanes But I think the Senate has made an Daschle Johnson Voinovich me in supporting this vital measure. I Dodd Kennedy important statement today; that is, as remind them that the economy is not Dorgan Kohl we try to lay out the policies that will beginning to rebound as a result of NOT VOTING—2 say a lot about the future of the Inter- more taxes; it is beginning to rebound net, it is critically important this ex- Edwards Kerry as a result of less taxes. citing opportunity for Americans not The PRESIDING OFFICER. All time The PRESIDING OFFICER (Mr. be subject to more discriminatory has expired. Under the previous order, ENZI). On this vote, the yeas are 64, the taxes. the cloture motion having been pre- nays are 34. Three-fifths of the Sen- We have said once again in the Sen- sented under rule XXII, the Chair di- ators duly chosen and sworn having ate, we want to try to find common rects the clerk to read the motion. voted in the affirmative, the motion is ground around the principle of techno- The legislative clerk read as follows: agreed to. logical neutrality, for example. If we The majority leader. CLOTURE MOTION do not do that, we will be discrimi- Mr. FRIST. Mr. President, I am de- nating against the future, because if we We the undersigned Senators, in accord- lighted with the outcome of that last do not work it out now in the amend- ance with the provisions of rule XXII of the cloture vote. It means we can proceed Standing Rules of the Senate, do hereby ment process, broadband services deliv- move to bring to a close debate to the pend- on course to finish this bill—a very im- ered through DSL would be taxed and ing McCain substitute amendment No. 3048 portant bill. Internet access through cable would to Calendar No. 353, S. 150, a bill to make I congratulate the managers but en- not be taxed. That is not technological permanent the moratorium on taxes on courage our colleagues to come forward neutrality. Internet access and multiple and discrimina- with germane amendments. We will be What is going to give Americans the tory taxes on electronic commerce imposed working through the afternoon. We best array of technologies at the cheap- by the Internet Tax Freedom Act. will be voting through the afternoon. est prices is true competition where Bill Frist, John McCain, Jon Kyl, Norm We can finish the bill this afternoon. Coleman, Jim Bunning, Gordon Smith, there is a level playing field for the Mitch McConnell, Pete Domenici, Con- We have been debating this bill all various technologies. I have said re- rad Burns, Rick Santorum, Olympia J. week. It is an issue that we debated peatedly I don’t want to see the people Snowe, Judd Gregg, Wayne Allard, months ago. We are debating it now. who now get the message ‘‘You’ve got Thad Cochran, Mike Crapo, Larry E. Now is the time to bring those amend- mail’’ to get a message that says Craig, Ted Stevens, George Allen. ments forward so we can have these ‘‘You’ve got special taxes.’’ My col- The PRESIDING OFFICER. By unan- final votes and complete the bill this leagues on the other side of the aisle imous consent, the mandatory quorum afternoon. agree with that as well. We have a dif- call has been waived. The question is, Mr. MCCAIN. Mr. President, I raise a ference of opinion with respect to how Is it the sense of the Senate that de- point of order that the Daschle amend- we are going to get that done. Now we bate on amendment No. 3048 offered by ment is not germane and ask for a rul- will be able to go to the amendment the Senator from Arizona, Mr. MCCAIN, ing from the Chair. process. shall be brought to a close? The PRESIDING OFFICER. Point of I have compared this exercise repeat- The yeas and nays are required under order is sustained. The amendment edly to something resembling root the rule. The clerk will call the roll. falls. canal work. I make it clear to my The assistant legislative clerk called Mr. MCCAIN. Mr. President, I thank friend from Tennessee, the Senator the roll. all of my colleagues for the comity from Delaware that we are going to do Mr. REID. I announce that the Sen- that has existed in addressing this bill. everything possible to make sure there ator from North Carolina (Mr. I thank, of course, Senator ALLEN, is an adequate opportunity for col- Senator LOTT and Senator SUNUNU, and EDWARDS) and the Senator from Massa- leagues to offer their amendments and many others who have helped to get chusetts (Mr. KERRY) are necessarily discuss them. These are very technical, absent. this bill to the point where it is. complicated issues. I have spent about We are ready to consider amend- The PRESIDING OFFICER (Mr. as much time on the Senate floor dis- ments. I assured the opponents of this cussing these issues over the last 3 ENZI). Are there any other Senators in bill who have fought tenaciously—Sen- the Chamber desiring to vote? days as any Member. I intend to stay ator VOINOVICH, Senator ALEXANDER, The result was announced—yeas 64, at this post so we give everybody who and Senator CARPER in particular— nays 34, as follows: wants a chance to discuss these issues that if there is an amendment which that kind of opportunity. [Rollcall Vote No. 75 Leg.] they have filed which is not technically Over the last 7 years, we have seen a YEAS—64 germane but is associated with the lot of reports about dire consequences Allard Bond Byrd Internet tax, I would ask consent that that come about if we pass this legisla- Allen Boxer Campbell it be considered because there was a tion. That has not come to pass. I see Baucus Brownback Cantwell Bayh Bunning Chafee feeling that they did not have their the distinguished Senator from Con- Bennett Burns Chambliss amendments properly considered. I necticut.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4647 We were told in 1997, if we pass that, wanted to approach this matter. Now for 15 minutes to speak on a matter un- we will bring the collapse of the rev- that is behind us. We want to approach related to the subject matter before enue system in States and localities, this in the spirit of comity and see if the Senate. and revenue went up $7 billion the next we cannot find a consensus. The PRESIDING OFFICER. Without year. We have to deal with those I said yesterday and I reiterate again objection, it is so ordered. issues. In the last two iterations of this today, there are four areas of conten- The Senator from Arkansas. legislation, I have said repeatedly that tion, as I see them. We are discussing HONORING OUR ARMED FORCES no one has brought forward an example going from a very narrow moratorium Mrs. LINCOLN. Mr. President, I rise of a local jurisdiction hurt by their in- to a very broad moratorium and the today with a heavy heart but with a ability to discriminate against elec- issue of what is defined as exempt great sense of Arkansas pride as well to tronic commerce. That is what this bill under the moratorium. It is a good deal pay tribute to five members of the Ar- does; it makes sure you cannot single broader than what we faced in recent kansas 39th Infantry Brigade who lost Internet out for special taxes. years. That is a matter of concern. their lives fighting for our country in We will use this amendment process Going well beyond access fees and dis- Iraq this past weekend. now to address the concerns of various criminatory taxes is a matter of second According to recent reports, Satur- Senators. A lot of Members did not concern. day was one of the deadliest days for think we would get to this point today, I appreciate Senator MCCAIN’s offer the Arkansas service members since but we have a chance, working with to go from a permanent moratorium 1950 in the Korean War. On Saturday, colleagues, to produce a bipartisan bill down to 4 years. We were interested in four soldiers from the Arkansas 39th that will be passed overwhelmingly by 2 years. I don’t know if there is a simi- were killed in a mortar attack, and 27 the Senate. I intend to stay and work lar area there for compromise. I think hours later a fifth Arkansan was killed with the Senator from Tennessee and there is a number between 2 and 4 that by a roadside bomb as he patroled the others to make sure they get the dis- might work. That would be consistent neighborhoods of Baghdad. cussion on the topics they feel strongly with the third area of contention where I think back to last fall when I had about and that it is fair and thorough. the duration of the grandfather clause the honor of attending a sendoff cere- That is my pledge. for State and local governments is 3 mony for the 39th Infantry Brigade in I yield the floor. years. They are protected for 3 years, Little Rock, AR. That ceremony The PRESIDING OFFICER. The Sen- and the length of the moratorium is 4. brought together soldiers, families, ator from Tennessee. If we could put those two together, 3 friends, and loved ones to commemo- Mr. ALEXANDER. Mr. President, I and 3—3 years for the moratorium and rate the occasion and wish them the see other Senators waiting to speak, so stick with the 3 years for the grand- best in their mission, to join together I will be brief. I acknowledge and con- father clause—I think that actually ad- in prayer and send them off with the gratulate Senator MCCAIN, Senator dresses that concern. idea that we would be back soon to ALLEN, Senator WYDEN, and others who In conversation with Senator WYDEN, welcome them home safely. have worked very hard on this issue. Senator ALLEN, Senator MCCAIN, Sen- The sendoff was not a celebration. In Their point of view on the cloture vote ator VOINOVICH, and Senator ALEX- fact, it was a sobering occasion. After is prevailing. I congratulate them and ANDER, everyone says nobody wants to all, no one relishes the prospect of thank them also for the discussions we deny State and local governments the traveling halfway around the world, far have had, trying to assure Members opportunity to collect taxes from tele- from family and friends and home, to that this legislation, in the end, would phone services that they have collected take on a dangerous mission. But even do the minimum amount of harm to for decades. I have not talked to any- at such a somber occasion something State and local governments. I would body who wants to deny State and special happens. Differences begin to like to continue to do that. local governments that have been col- fade away. The soldiers that were There are a number of amendments lecting taxes on telephone services al- standing before me were no longer from that have been filed. We need to have a most since the day Alexander Graham big cities or small cities, they were no few minutes to talk about exactly in Bell invented the telephone. Everyone longer Black or White, and they were what order we would like to bring up says they do not want to deny the abil- no longer male or female. Their dif- those amendments. I believe in some ity to collect that for State and local ferences did not exist. Those brave sol- cases the Senator from Oregon, the governments. The concern is, as tele- diers were Americans, and for the de- Senator from Virginia, and I intend to phone service and commerce commu- fense of this Nation, they become one do the same thing, but that our lan- nication migrate to the Internet, we of mind and one of mission. guage does a different thing. To the ex- want to make sure that as that hap- The oneness of purpose that the 39th tent there is a misunderstanding that pens State and local governments do exhibited that day should serve as a produces concerns on my part and not see those they traditionally rely on lesson to those of us they leave behind. among the National Governors Asso- cut out. They are sacrificing their lives not just ciation, the mayors, and the county ex- Those are four areas, and I think for their kind and kin but for every ecutives of the country, perhaps we there is middle ground—at least on American who enjoys liberty and could work those things out by con- three of them. I don’t know if we can peace. sensus. ever agree on the breadth and depth of When a member of the 39th patrols I congratulate them on moving ahead the definition. We will approach it in a Baghdad, he does not just patrol it for with this step. I appreciate the offer to good spirit. the sake and safety of Lewisville, AR, continue to work together. Within a I thank Senator DODD for yielding. or Little Rock, AR, or Hazen or few minutes, we will have an idea of The PRESIDING OFFICER. The Sen- Humnoke or Batesville, AR; he patrols which amendments and in what order ator from Connecticut. Baghdad for the sake and the safety of we would like to proceed, and we will Mr. DODD. I propound a unanimous all Americans and the values and the move along. consent request regarding time. My ideals that we, as Americans, believe in I yield the floor. colleague from Arkansas wishes to and support. When a member of the The PRESIDING OFFICER. The Sen- speak for 10 minutes on a subject unre- 39th Infantry pays the ultimate price ator from Connecticut. lated to the matter before the Senate. in battle, he does it not just for the Mr. DODD. I yield to my colleague I would like to follow her, if I might sake of his children but also for the from Delaware. I know he has a com- accommodate my Senator from Arkan- sake of my children and your children ment he wants to make. sas, on a subject matter unrelated to as well. In the end, these courageous Mr. CARPER. I thank my colleague the matter before the Senate. I clearly souls are not only protecting our lib- for yielding. I join Senator ALEXANDER know the priority is to get amend- erty, they are also teaching us what it in congratulating Senator WYDEN, Sen- ments up here. If I may, I make such a means to be a part of one American ator ALLEN, and Senator MCCAIN for request, that the Senator from Arkan- family—one American family. the vote on the cloture. All week I had sas be recognized for 10 minutes, and In this time, when so many Ameri- a different point of view on how we following her remarks I be recognized cans are willing to lay their lives on

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4648 CONGRESSIONAL RECORD — SENATE April 29, 2004 the line, we in this body—we in this announcement of Specialist Melton’s Mr. DODD. At the conclusion of my Nation—must become one America. We death, his comrades did not think of remarks, which are about 15 minutes must understand what it takes to be the dangers of their mission but of off the subject matter of the bill, Sen- one with the sacrifices that we, too, comforting Specialist Melton’s wife ator BYRD of West Virginia be recog- must undertake. and children. nized for 20 minutes. Unfortunately, carrying out the duty Saturday’s deadly attack on Camp Mr. ALLEN. I ask the Senator from of a nation requires sacrifices, and Cooke, the base camp for Arkansas’ Connecticut, is the subject of Senator 39th Infantry, occurred at 5 a.m. Cap- some of those are sacrifices we would BYRD’s remarks the Internet tax issue? rather not take. This weekend, we were tain Felder, Chief Warrant Officer Mr. DODD. I do not know. I have not once again reminded of the sacrifices Kordsmeier, Sergeant Brandon, and asked the Senator. that are required to protect our Na- Sergeant Orton were killed in the final tion. We, too, as leaders in this body— moments of the attack when they took No, it is not. It is a tribute to a con- all Americans—must make sacrifices, a direct mortar hit as they emerged stituent. too—to govern, to protect, to get from the bunker where they had been Mr. ALLEN. Mr. President, I under- along, and to make this Nation strong. taking cover. On Sunday, Specialist stand the nature of Senator BYRD’s re- Our sacrifices are not even worthy to Melton was killed by a roadside bomb marks. We all want to get to the be compared to what these brave Amer- as he manned a machine gun atop his amendments that might be proposed on icans have done and the sacrifices they Humvee. the Internet tax issue, but knowing the These five brave men are a shining have made, but our sacrifices, too, are subject matter of Senator BYRD’s re- example of the citizen soldiers who are all too important, that the sacrifices marks, there is no objection. fighting in the deserts of the Middle they have made will not have been East. Those serving in Iraq today are The PRESIDING OFFICER. Without done in vain, that our Nation can re- not only military men, but they are objection, it is so ordered. main as strong as it has ever been, and also doctors, lawyers, police officers, Mr. BYRD. I thank the distinguished that each of us—from big cities and firemen, teachers, factory workers, Senator. small, men and women, Black and business owners, and elected officials. The PRESIDING OFFICER. The Sen- White, Republican and Democrat— Most importantly, they are husbands ator from Connecticut. must become one America. and wives, they are mothers and fa- IRAQ Over the course of those 2 days, the thers. State of Arkansas lost five brave sol- In short, they are our American fam- Mr. DODD. Mr. President, I commend diers who made the ultimate sacrifice ily. They are the leaders of their re- my colleague from Arkansas for her to make the world a better place. I spective communities. Their loss will very eloquent remarks. While she ad- know that my colleagues in the Senate not only be felt on the battlefield but dressed them to four specific individ- join me in paying tribute to CPT Ar- also by their families, friends, and uals from her State, she could have thur ‘‘Bo’’ Felder, 36 years old, of communities who will miss their love been speaking for any one of our States Lewisville, AR; CWO Patrick W. and leadership. in talking about any one of the several Kordsmeier, 49 years old, of North Lit- When their Nation called, these brave hundred young men and women who tle Rock, AR; SSG Stacey C. Brandon, men answered. They did so without re- have lost their lives in Iraq over the 35 years old, of Hazen, AR; SSG Billy gard to politics or party. They did so last year. I thank her for the eloquence Joe Orton, 41 years old, of Humnoke, without regard to the many small dif- of her remarks, the sense of passion AR; and SP Kenneth A. Melton, 30 ferences we allow to divide us as a na- and commitment she brought to them. years old, of Batesville, AR. tion. I know she is joined by all of us—cer- Captain Felder served as a youth di- I am sure the entire Senate body will tainly this Senator—in expressing deep rector at Saint Luke Missionary Bap- join with me as we send our condo- sorrow for the loss of these Arkansans. tist Church in North Little Rock. He lences and sympathy to the families We will certainly keep them in our was known as someone who felt at ease and friends of these brave Americans, thoughts and prayers. to send our thanks for the courageous with children, who loved them, cared My remarks follow on a little bit way they have served their country. for them, and wanted to help prepare with the remarks of my colleague from them for the future. It was reported in They left their homes as family members, co-workers, and friends, and they Arkansas. Later today or tomorrow, the Arkansas Democrat Gazette that this body will be asked to vote on the Captain Felder was remembered by his return as heroes. I am honored and humbled to pay confirmation of the first Ambassador friends as a person of faith and prayer. to be sent to post-Saddam Hussein Chief Warrant Officer Kordsmeier tribute to their sacrifice. It is hard to Iraq, John Negroponte. Presently, he is was killed as he rushed to the aid of his find the words that you might think our Ambassador to the United Nations. fellow soldiers. His selfless act illus- could match those sacrifices because Ambassador Negroponte has a very dis- trates the kind of courage which is nec- there are no words. But we try. I chal- tinguished diplomatic career and is essary to keep this Nation strong and lenge my colleagues today, let us not well suited to undertake what is surely free. just use words. Let us use actions. Let going to be an extremely difficult and According to the Arkansas Democrat our work be an example of the sac- complex assignment, likely the most Gazette, Sergeant Stacey Brandon was rifices we are willing to take by saying difficult one of his career, and cer- a prison guard for the State Depart- to one another, we will be one America. tainly one of the most difficult in the ment of Correction and later worked at Thank you, Mr. President. I yield the floor. history of the diplomatic corps, going the Federal prison in Forrest City, AR. The PRESIDING OFFICER (Mr. COR- His friends said of him: back over the more than 200-year his- NYN). The Senator from Connecticut. tory of our Nation. He was a very outstanding young man Mr. DODD. Mr. President, before I While we have had our differences whose loss will affect a lot of people. He was begin my remarks, may I also make a one of the young people you could admire. from time to time, I happen to believe unanimous consent request that at the Sergeant Orton was loved by his fam- John Negroponte is eminently qualified conclusion of my remarks, the distin- to take on this post. I thank him for ily and friends. It is reported that when guished Senator from West Virginia, they learned of his death over 100 peo- his willingness to assume this responsi- Mr. BYRD, be recognized for 20 minutes. bility, if he is confirmed, and I believe ple gathered around his home to stand The PRESIDING OFFICER. Is there he will be. I also thank his family for vigil and to support his family. It was objection? noted by those there that Billy had Mr. DODD. My remarks will be off their willingness and understanding given his life for the cause of freedom. the subject matter of the bill. that our country needs John Many of Specialist Melton’s fellow The PRESIDING OFFICER. Is there Negroponte’s service at this critical soldiers from Bravo Company were es- objection? hour. pecially affected by his death. He had Mr. ALLEN. Reserving the right to During his nomination hearing before known and worked with many of them object, will the Senator from Con- the Foreign Relations Committee, I for years. It is reported that upon the necticut restate what his request is? stressed to Ambassador Negroponte

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4649 that it would be terribly important for a step back in terms of our readiness to security throughout that country. I him to be candid with this Congress hand over control to the interim tran- also wonder what effect increased secu- and the American people about what is sitional Iraqi Government. rity in Iraq would have had with re- happening in Iraq and what is not oc- Last week, the Senate Foreign Rela- spect to Iraqis’ tolerance of a U.S. mili- curring. As we send our sons and tions Committee held three consecu- tary presence in their country. daughters, mothers and fathers, broth- tive hearings on the situation in Iraq. Unfortunately, this lack of security ers and sisters in harm’s way, as we I commend Senator LUGAR and Senator has been evident from the earliest days have just heard our colleague from Ar- BIDEN for holding the hearings. On of the conflict, when it first became ap- kansas so eloquently describe, the Tuesday, the committee considered the parent that the administration had not American people have every right to nomination of Ambassador John paid sufficient attention to the secu- expect and demand that U.S. officials Negroponte to be the first Ambassador rity needs of Iraq. Museums were are telling them the truth about what to post-Saddam Hussein Iraq. Many looted. Ordinary civilians took up arms is happening in Iraq because if they questions were explored in the course to guard their neighborhoods. Lawless- lose faith in what our government is of those hearings. Frankly, with re- ness prevailed throughout much of the telling them, the United States will spect to many of those questions, there country. Most importantly, in that not be able to sustain the long and dif- were no or very few clear answers. short period of time, we lost the con- ficult task we have undertaken in this However, we did receive some very ex- fidence of the Iraqi people. faraway country. Ambassador cellent testimony from expert wit- This isn’t simply my observation. I Negroponte acknowledged his obliga- nesses with very different back- was told very directly by an Iraqi dur- tion to keep us informed. I am very grounds—from the U.S. military, from ing my trip to the nation back in De- confident he will do so. academia, from policing experience, cember, well before the recent flareup While I intend to support Ambas- and counterterrorism. in violence over the last several sador Negroponte’s nomination when Despite their different expertise, all weeks—this Iraqi citizen is a Shiite, a the Senate votes on this matter, I of the witnesses were in agreement on moderate, a forward-looking indi- would not want that vote of support for one thing: that is, a major course cor- vidual. He very frankly told me that him to be interpreted as an endorse- rection with respect to U.S. efforts in the lawlessness which followed the war ment of the U.S. policy in Iraq, as it is Iraq is badly needed, and needed imme- negatively impacted Iraqis’ confidence presently being conducted. I am deeply diately. I have come to a very similar as to the intentions, preparedness, and troubled about the pace and direction conclusion. Let me be clear. This need capabilities of coalition forces to cre- of our policy in that country. The situ- for a correction in our policy is not beate a safe and secure Iraq. ation in Iraq could not be more vola- cause our men and women in uniform His contention was reinforced by tile. Yet the Bush administration have somehow failed to do their jobs. Hasan Zirkani, who in November 2003 seems hell-bent to stick to the planned Quite the contrary, these men and listed the lack of law and order, ramp- date of June 30 for the transfer of sov- women have performed every task that ant unemployment, and the lack of ereignty to the Iraqi Government. has been asked of them with the high- basic services as sources of Shiite un- Given the recent upsurge in violence in est degree of professionalism, patriot- rest. I would note that Mr. Zirkani is a places such as Falluja and Najaf, given ism, and heroism. Let there be no Shiite cleric who supports Moqtada al- the absence of an effective Iraqi secu- doubt about that in the mind of any Sadr, the radical leader who commands rity force to deal with such acts, and single American. But it is now more the loyalty of the group responsible for given the inadequate numbers of U.S. than 1 year after the end of major com- much of the recent violence and unrest and foreign troops in that country to bat, and arguably the dangers to our in Iraq. restore and maintain stability, I won- troops have never been greater 1 year I also point to a February 2004 na- der—and I assume others do as well— later. whether we are setting ourselves up for Why then are our troops in so much tionwide poll in Iraq, which showed a catastrophic failure by rigidly adher- danger? I believe the answer, unfortu- that 64 percent of the Iraqi people con- ing to this deadline of June 30. nately, is quite simple. We have failed sider regaining public security as their This coming Saturday, May 1, will be to craft and implement an effective ‘‘first priority’’ over the next 12 the 1-year anniversary of President stabilization plan for the nation of months. Bush’s declaration of mission accom- Iraq. This is not the fault of those in Disturbingly, the Bush administra- plished in Iraq. Recent events make it uniform; rather, it is the responsibility tion has attempted to make up for its painfully obvious that nothing could be of top civilian officials in the Depart- lack of security preparation in the further from the truth; rather, our mis- ment of Defense and the White House same reactive and hasty manner as sion may be just beginning. Certainly who from the very beginning ignored— much of the planning for post-war Iraq the return of sovereignty to Iraq is a in fact, scoffed at and thwarted—rec- was carried out. One example of this laudable goal which I support, as I as- ommendations from leading uniformed has been the assembling of the various sume most all of my colleagues do. It officers, including GEN Eric Shinseki, Iraqi security forces, a process which should and must be our end game. But that several hundred thousand troops most experts agree was done far too a transfer of authority will not in and would be needed to complete our mis- quickly, with little or no training, and of itself be a panacea for all the prob- sion in Iraq. In retrospect, it certainly with inadequate vetting. We all wit- lems Iraq faces. Moreover, if we do it seems that General Shinseki’s judg- nessed the consequences of these prematurely, it could put our whole ment was right on the mark. More re- rushed activities during the recent up- mission and the future of Iraq at risk. cently, military experts have con- surge in violence, when Iraqi forces This has been obvious to many of us cluded that we are likely, at least in collapsed in the face of armed resist- for some time. But the Bush adminis- the short term, to need an additional ance. tration continues to plunge forward 50,000 U.S. troops if we are going to be Insecurity in Iraq has also affected with the hope and prayer that every- able to secure the peace in that coun- the ability of U.S. and foreign NGOs to thing somehow will work out after try. perform the necessary humanitarian June 30. It does so without any clear We are also going to need a similar and reconstruction duties that would sign that Iraq is ready for us to turn number from our European allies in help them turn around the mood in the over authority or its institutions are NATO, and we need these reinforce- Iraqi streets. Unfortunately, due to the at all capable at this juncture of suc- ments soon before events spin even fur- lack of security, many are unwilling or cessfully taking on this incredible re- ther out of control than they already unable to operate in that country. In sponsibility. In fact, I would argue that have. many places, reconstruction activities all the evidence before us suggests that Indeed, I wonder if last March we had have come to a screeching halt. Con- Iraq is not ready and will not be ready sent a larger number of troops to tractors sit in hotel lobbies in Kuwait in the coming 62 days. Ironically, in Iraq—and had broad international par- and Jordan, waiting for order to be re- light of recent events, with each step ticipation—whether we would now be stored so they can return to their closer to June 30 we seem to be taking facing the same unacceptable lack of projects.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4650 CONGRESSIONAL RECORD — SENATE April 29, 2004 The administration says we are on to the Iraqi people. But I will say that about the wisdom of our set deadlines— course for June 30. I ask: What is that the rapidly deteriorating security situ- the pros and cons of moving forward as course? Where is all this leading? ation, combined with the lack of legit- planned. After that debate, as June 30 One thing is clear: From the very be- imacy for the U.S. presence in Iraq, has draws nearer, we may in fact determine ginning, the Bush administration has created conflicting pressures on the ad- that sufficient progress has been made done an inadequate job of preparing for ministration with respect to the June to go ahead as planned with the turn- the peace in Iraq. It has attempted to 30 deadline. over of sovereignty. That may in fact fix problems in shortsighted, often hap- Administration officials assert if we be the right thing to do. But if on bal- hazard ways. It has only begrudgingly hand over authority to the Iraqis on ance we conclude it is not, we in Con- moved to adapt to the resulting stra- schedule, the U.S. presence in that gress need to say so publicly and on a tegic realities on the ground. country will become less controversial. bipartisan basis. The Bush administra- That is why I believe it is fair and re- I disagree. The way to enhance U.S. le- tion needs to do so as well. Then we sponsible to question the administra- gitimacy is to get the security situa- need to act accordingly. tion’s plans as they relate to the up- tion turned around. That isn’t going to Former U.S. Ambassador to Saudi coming June 30 deadline. How much happen by simply declaring Iraq a sov- Arabia, Chas Freeman, recently sent more complex will this situation be if ereign nation on July 1; it is only going an e-mail to some of his friends con- we try to stand up an Iraqi authority to happen with a carefully planned and cerning the situation in Iraq. It was prematurely—if we stubbornly adhere implemented stabilization program. printed in the Washington Post about 2 to this date? What happens if that au- That stabilization program will re- weeks ago. He concluded with these thority crumbles? quire more troops on the ground—our comments: I don’t underestimate the problem of troops and troops from other nations Military triumph does not necessarily delaying the turnover. Clearly, if U.N. sanctioned by a clear U.N. mandate. equate to a political victory. Wars end only Special Envoy Brahimi were to an- Whether that can be accomplished by when the defeated accept defeat, not when nounce that the turnover on June 30 is June 30 remains to be seen. I think it is the victor declares victory. A victory that impossible, that would make our very unlikely. does not produce peace can be much more choice much easier. But we must recog- As I mentioned earlier, we are only 62 costly than protracted confrontation that accomplishes deterrence. Arrogant day- nize that the situation in Iraq is in- days away from the turnover date. Yet, dreams that inspire military actions can be- credibly fragile. If this effort to build a we still don’t know who we are turning come humiliating nightmares that produce stable and democratic Iraq is to suc- that authority over to. We don’t know political debacles. ceed, it is going to need enormous whether the individuals to be chosen Before our daydreams for a free and international support. That support by a U.N. special envoy will be accept- democratic Iraq become our night- will not be forthcoming if the interim able to the Iraqi people. mares of a bottomless quagmire, let us government in Iraq is not perceived as What we do know is that virtually do the sensible thing and at least hon- legitimate—both by the Iraqi people every day more Americans and more estly take a hard look at our decision and the international community. Iraqis are dying. Recent events have to turn back authority to the Iraqi I emphasize again that I understand forced the Bush administration to ac- people on June 30—before we are sure there will be a cost by delaying the knowledge some of these realities. I do that ‘‘victory is going to produce June 30 date. My point is that whatever not think we should dismiss out of peace.’’ Once we have allowed the Iraqi that cost is, the cost of adhering to hand that a course correction may be people to govern themselves, it is going that date, sticking to it prematurely I called for that makes the primary to be virtually impossible to take that think would be far more precarious focus of our efforts security; or that we sovereignty back without enormous than whatever damage may be associ- put off, for a time, the standing up of loss of the blood and treasure of both of ated with delaying the date beyond the an unelected interim government. our peoples. June 30 date. Indeed, for all the dif- That would also give us additional That is something no one wants to ficulties in delaying the turnover of au- time to make sure that when authority see happen. I urge the administration thority in Iraq, they pale in compari- is transferred, it is transferred to a to think about the wisdom of moving son, in my view, to going forward and body that has legitimacy in the eyes of forward on the June 30 date. seeing the situation irreversibly spiral the international community and the Mr. REID. Mr. President, I know the downward. Iraqi people. To help do this, we need order is that the distinguished senior Equally troubling is that the admin- to go to the U.N. and NATO before Senator from West Virginia gets the istration is now saying that our turning over authority, not after. The floor. I ask unanimous consent that I handover of sovereignty to the Iraqis U.N. and NATO would be invaluable be able to ask, under my time on June 30 will be ‘‘limited.’’ Mr. Presi- partners in tackling a task never be- postcloture, some questions of the Sen- dent, I don’t quite understand what fore attempted from the outside: con- ator from Connecticut. that means. I suspect the Iraqi people verting dictatorship into democracy. It The PRESIDING OFFICER. Without don’t either. The law of administration would infuse our efforts with much- objection, it is so ordered. for the state of Iraq, the so-called tran- needed legitimacy. Mr. REID. Is that OK with the Sen- sitional law, which was drafted and ap- There are roughly 9 weeks left before ator from West Virginia? proved earlier this year, calls for the June 30. In the interim, a lot could be Mr. BYRD. It is. establishment of a ‘‘fully sovereign accomplished in Iraq that might make Mr. REID. Mr. President, I have been Iraqi interim government.’’ the turnover of sovereignty possible on fascinated with the statement of the Now it would appear that a yet-to-be- the timetable the administration has Senator from Connecticut. What trig- negotiated annex to that transitional laid out. We could have achieved, be- gered my mind was the statements he law is going to spell out the limits of fore that date, a clear and concrete made about General Shinseki who said Iraq’s sovereignty after June 30. Of U.N. mandate for nation building in we would need a couple hundred thou- course, nobody yet knows what that Iraq. We could have a secured commit- sand troops over there. I ask the Sen- annex is going to look like—what con- ment for a significant NATO troop de- ator from Connecticut, what happened cessions the administration will have ployment in that nation. We could to him? He is gone. to make to get the various Iraqi fac- have deployed additional troops to ad- Mr. DODD. He is gone. He retired. He tions to sign off on the individuals who dress the security challenges of a grow- was not fired. will make up the interim government, ing insurgency movement—including Clearly, the message was quite clear or whether those concessions, made in troops from governments in the region. that he had stepped out of line by say- haste, in the long run will undermine But we have not achieved any of those ing what he thought from a military our goal of a fully independent and things yet. We need to be honest about standpoint—he had a distinguished ca- democratic Iraq. that. reer of many years in military serv- I don’t pretend to have all the an- Mr. President, now is the time for a ice—that in order to be successful, that swers with respect to what needs to be careful, informed debate in America number of troops was necessary. He done before sovereignty is handed back about U.S. policy in Iraq, especially was, in a sense, penalized, at the very

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4651 least rhetorically for suggesting as cerned, and I realize there is a cost in legislation. We will work with the ma- such. changing it. We need to evaluate jority as much as we can, but based on Mr. REID. I ask the Senator, does he whether turning sovereignty over at my experience in the Senate—the Sen- remember a man named Larry that date is going to serve our inter- ator from Arizona and I came on the Lindsey? I suggest he was on the Board ests. That was the sum and substance very same day, so one does not have of Governors working with Alan Green- of my remarks. more experience than the other—I span. He also was the chief economic I appreciate the questions my col- think it will be difficult to finish to- adviser to President Bush. Does the league from Nevada raised. I made night. If we can, we will work with you. Senator from Connecticut remember a comments regarding holding rigidly to I think it is extremely difficult to fin- time just a short time ago after the a date that could turn out to be a mis- ish tonight. war started that he said he thought the take. Mr. MCCAIN. If the Senator will war could cost as much as $200 billion? Mr. REID. I say to my friend, I also yield for one additional comment, I ap- Mr. DODD. I recall that. voted for the resolution. I think it is preciate what the Senator from Nevada Mr. REID. He was even more lenient extremely important that we who sup- said. He is very experienced at floor than that. The news article I have says port the effort in Iraq, protecting the procedures. I point out we have been on it would be between $100 billion to $200 men and women who are representing this bill all week. I would hope we billion. The Senator recognizes that he our country over there, have the abil- could finish it tonight. I see no reason was also given his walking papers; is ity to speak out freely on this issue why we cannot. that true? and not be criticized as having been un- I understand his skepticism. In no Mr. DODD. That is exactly what hap- patriotic for having done so. way did I mean to criticise the very pened. He was also highly condemned The Senator from West Virginia was important statements being made on for suggesting a number that now originally almost a lone voice speaking the vital issue of national security. looks small in comparison to what the out against this event. Time has shown I thank the Senator from West Vir- real pricetag is going to be. perhaps his vision was more meaning- ginia for his indulgence. I yield the Mr. REID. Before asking my final ful than people realized at the time. I floor. question, I ask the Senator from Con- appreciate the Senator responding to The PRESIDING OFFICER. The Sen- necticut, I am confident he is aware of my questions. ator from West Virginia. the last press conference that the The PRESIDING OFFICER. Under SGM MICHAEL BOYD STACK President held; is that true? Does the the previous order, the Senator from Mr. BYRD. Mr. President, on Easter Senator remember the question that West Virginia is recognized. Sunday, April 11, 2004, this Nation lost was asked in that press conference Mr. MCCAIN. Will the Senator from a fine soldier, a good man, a loving fa- where the President said, when asked West Virginia yield to me 30 seconds ther and husband, and a faithful Chris- the question about having made mis- for a comment? tian when SGM Michael Boyd Stack of takes, he couldn’t remember any? I ask Mr. BYRD. Absolutely. C Company, 2nd Battalion, 5th Special the Senator from Connecticut if he Mr. MCCAIN. I thank the Senator Forces Group Airborne, was killed in thinks this is a mistake made by the from West Virginia. an ambush in Iraq. President: No. 1, going on the aircraft It is the intention of all to finish this SGM Stack is 1 of more than 700 men carrier and having a banner above it legislation tonight. I hope those with and women who have given their lives saying ‘‘Mission Accomplished’’? The amendments will come over during the in this conflict and 1 of the more than Senator is aware that since that time, period that Senator BYRD makes his re- 100 who were killed in the month of about 700 American soldiers have been marks so we can proceed with amend- April alone. Each is mourned. Each is killed; is that true? ing this legislation. I regret it, but I honored. Each is sorely missed. Mr. DODD. That number I think is will object to further extraneous con- These men and women knew the roughly correct. Most of those, by the versation or dialog until we finish con- meaning of duty, honor, and courage. way, have died since May 1 of last year. sideration of this bill because I do not They and their comrades in arms still Mr. REID. So it is fair, is it not, that want to inconvenience Members by serving are most emphatically not the could have been a mistake? keeping them in late tonight. We have summer soldier and the sunshine pa- Mr. DODD. I think by anyone’s esti- some 31 relevant amendments. We need triot whom Thomas Paine warned mation to declare that the mission was to get about addressing them. against, who shrink from the service of accomplished was a mistake. I thank the Senator from West Vir- their country in times of crisis. Mr. REID. Does the Senator from ginia for allowing me to comment. SGM Stack and his fallen comrades Connecticut also think it was a mis- Mr. REID. If I can, as a matter of try- wore the uniform of the United States take for the President to say—when ing to lay out what is ahead of us, Sen- proudly and bravely. When told to go asked about whether there would be ator WYDEN spoke with me and one to Iraq and Afghanistan, they saluted any people who would cause trouble other Senator indicating they worked and prepared to go. They said their there, does the Senator from Con- to get cloture on this amendment that farewells to their loving and fearful necticut remember him saying, ‘‘Bring the Senator from Arizona filed. There families and set off. From spare biv- ’em on’’? has been an agreement—I have not ouacs, they patrolled dusty streets and Mr. DODD. I do recall that statement been part of those agreements—that lonely highways. They faced rocket- he made. Senator WYDEN, Senator CARPER, and propelled grenades, improvised land- Mr. REID. I suggest to the Presi- others would have an opportunity to mines, sniper fire, and ambush. They dent’s people that they should advise offer amendments. The Senator from looked out for one another with humor him the next time he is asked that Arizona has indicated that he will do and grace and caring. They gave their question, he could at least relate to everything within his power to make very best. In the end, they gave their those two things—No. 1, ‘‘Mission Ac- sure those amendments are offered and all. complished,’’ and No. 2, ‘‘Bring ’em debated in an orderly time. Soldier, rest! on.’’ Since the time of ‘‘Bring ’em on,’’ My only statement to the Senator Thy warfare oer, hundreds of soldiers have been killed from Arizona is, I think it may be dif- Sleep the sleep that knows not breaking, and thousands maimed for life and in- ficult to finish this bill today because Dream of battled fields no more, jured in other ways. he talked about extraneous matters. Days of danger, nights of waking. I appreciate very much that state- The Senator from West Virginia has a So said Sir Walter Scott in the Lady ment of the distinguished Senator from right to speak for 1 hour on this mat- of the Lake. Connecticut. ter, as do I and others. No one is at- These fallen heroes made the ulti- Mr. DODD. Mr. President, if I may tempting to stall this legislation. The mate sacrifice, bravely and unshirking. take 1 additional minute, my point is, Senator from Arizona had a very im- When all is said and done, all policy I voted in favor of the authority. I be- portant vote, but I hope this matter is laid aside, out there at the sharp end of lieve it was the right thing to do. My not, in effect, going to be jammed the spear, these men and women did concern is the June 30 date. I am con- through. This is an important piece of what good soldiers do. They stood

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4652 CONGRESSIONAL RECORD — SENATE April 29, 2004 shoulder to shoulder and did not flinch. Army. He was active in his church. He Mr. President, I yield the floor. I sug- In the heat of battle, in the threat of kept a Holy Bible in his desk at work, gest the absence of a quorum. danger, in the face of death, they did by his chair at home, and in the pocket The PRESIDING OFFICER. The not flinch. of his battle dress uniform. He had the clerk will call the roll. SGM Stack had faced such dangers quiet confidence of a man who keeps The bill clerk proceeded to call the before. His 27-year Army career the Lord close to his heart. Before roll. spanned the cold war, the first Gulf leaving on his final patrol, SGM Stack Mr. DASCHLE. Mr. President, I ask war, and the conflict in the Balkans. asked the unit chaplain to say a prayer unanimous consent the order for the His experience and his cool head in over his men. quorum call be rescinded. tense situations made him a valued He kept his family close as well. He The PRESIDING OFFICER. Without member of his company and his bat- went home to lunch most days. He lav- objection, it is so ordered. talion. He volunteered for Airborne ished love on his young children and Mr. DODD. Mr. President, before the School and service in the 82d Airborne took great pride in the accomplish- leader yields, I thank the leader. This Division upon his enlistment in 1977. ments of his older children. In his wife, was a very gracious thing to do. We He joined the Special Forces in 1988, Suzanne, he had a soulmate with whom don’t do it often enough. I commend serving 16 years with the 3d, 5th, and he was planning a long and happy re- the Democratic leader for taking out a 10th Special Forces Groups, and as an tirement, a retirement which never few minutes to recognize people who instructor in the 1st Special Warfare came. He relished quiet hours spent make such a difference here every sin- Training Group. Much of what he did with family and friends, and he took gle day. The leader does this repeat- justified pride in his cooking abilities will never be made public, but he edly, and I commend him for it. at such times. He was slow to anger earned the unqualified respect and ad- I associate myself with his remarks, and quick to forgive. He left behind miration of his fellow soldiers. The and I wish to express our deep grati- him a full measure of That best portion high standard of professionalism, abil- tude to Tom and his family for remark- of a good man’s life, His little, name- able service to this country. I hope the ity, teamwork, and fairness that SGM less, unremembered acts of kindness Stack exemplified and taught to new people out there realize with all that and of love. happens within the view of a television generations of Green Berets will be his SGM Stack is survived by his wife, camera, there are literally hundreds of legacy to the Army, as well as in the Victoria Suzanne Stack; his children people who make this government of Armed Forces of other nations that he Milissa, Virginia, Jillian, David, and ours, in spite of all of its inefficiencies, helped to train. William; step-son Bryan, and grand- function remarkably well, and Tom Even as a young platoon sergeant, he children Jakob, Tylor, and Jesse. His was known as ‘‘No Slack Billy Jack father, Cecil, and mother, Antoinette certainly falls within that category. I Stack,’’ in recognition of the high Stack, also mourn him, as do his broth- thank the leader for taking a few min- standards he expected, and required, of er, Cecil Stack, Jr., and sisters utes out to recognize him. the men he led. He cared deeply for his Tammy, Kimberly, and Christina. Mr. DASCHLE. I yield the floor. men and died among them, manning a Military service was a tradition in I suggest the absence of a quorum. .50-caliber machine gun in the heat of the Stack family that stretches across The PRESIDING OFFICER. The battle, keeping them safe and striving, generations. SGM Stack’s father, clerk will call the roll. as always, to achieve the mission brother, and nephew all serve or served The bill clerk proceeded to call the goals. in the Army. SGM Stack’s father-in- roll. SGM Stack was a professional sol- law retired from the Air Force. The Na- Mr. BURNS. Mr. President, I ask dier, hard-eyed and competent, the tion owes a deep debt of gratitude to unanimous consent that the order for very picture of a happy warrior, who such families, who have answered the the quorum call be rescinded. might have inspired these words by the call to arms so often and so willingly The PRESIDING OFFICER. Without poet William Wordsworth: in our history. objection, it is so ordered. Today, as SGM Michael Stack is laid Mr. BURNS. Mr. President, I ask Who is the happy Warrior? Who is he unanimous consent that I may proceed That every man in arms should wish to be? to rest at Arlington Cemetery, joining It is the generous Spirit, who, when brought the quiet ranks of fallen heroes there, as in morning business for the next 10 Among the tasks of real life, hath wrought no words can truly comfort hearts that minutes. Upon the plan that pleased his boyish loved him and that are grieving. But at The PRESIDING OFFICER. Without thought: this Easter season, especially, we are objection, it is so ordered. Whose high endeavors are an inward light reminded that death is not the end, but IRAQ That makes the path before him always only a parting for a little while. Mi- Mr. BURNS. Mr. President, I have bright: heard my colleagues come to the Sen- Who, with a natural instinct to discern chael’s faith gave him comfort as he What knowledge can perform, is diligent to stepped in front of danger; may that ate today criticizing the President learn; same faith sustain his family that they about the handling of Iraq and the war Who, doomed to go in company with Pain, will surely be together again. on terrorism. I hate for it just to lie And Fear, and Bloodshed, miserable train! Once again, I reach for the words of there and somebody not explain to the Turns his necessity to glorious gain; William Wordsworth, from his Ode, In- American people that we are at a war. In face of these doth exercise a power timations of Immortality: This is a war that is as big as World Which is our human nature’s highest dower: Though nothing can bring back the hour War II or World War I. It is global in Controls them and subdues, transmutes, be- Of splendor in the grass, of glory in the flow- its size, but it is with a different enemy reaves er; than we have ever known before in the Of their bad influence, and their good re- We will grieve not, rather find ceives: history of this country or any other Strength in what remains behind; country. It is terrorism. It is performed Whose powers shed round him in the com- In the primal sympathy mon strife, Which having been must ever be; by people who do not wear uniforms, Or mild concerns of ordinary life, In the soothing thoughts that spring who operate in the shadows and are A constant influence, a peculiar grace; Out of human suffering; faceless, are indiscriminate in whose But who if he be called upon to face In the faith that looks through death, life they take—whether they be com- Some awful moment to which Heaven has In years that bring the philosophic mind. batants or noncombatants, men or joined Great issues, good or bad for human kind, I offer the thanks of a grateful Na- women, young or old—and a respecter Is happy as a Lover; and attired tion to SGM Stack, who served his of no nationality. That is the enemy. With sudden brightness, like a Man inspired; country in the Army, who served his Some would actually question the de- And, through the heat of conflict, keeps the country with great honor and distinc- cision to move against Iraq or Afghani- law tion. To his family, I offer my sincere stan. Let me remind my fellow Ameri- In calmness made, and sees what he foresaw. condolence for their loss. I pray that cans and also my colleagues, we could In and out of uniform, SGM Stack set the Lord gives them strength to bear go back as far as Beirut when a build- high standards for himself. He earned this sad burden until, in the fullness of ing was bombed there and over 200 ma- his college degree while serving in the time, they are all united again. rines lost their lives. It was a car

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4653 bombing. We had never experienced cause they have a great heritage of LCpl James A. Casper, age 20, died that before. It gave us a pattern of generations before them. When called March 25, due to a noncombat-related what was to come in later years. upon to make the sacrifice for national incident at Al Asad. He was assigned to We have heard the crying of the Iraqi security, Americans have always an- 2nd Battalion, 11th Marines, 1st Marine people. I believe the spirit of freedom swered the call—even in light of those Division, I Marine Expeditionary lives in their breast as it does in ours. who would be apologists. Force, Camp Pendleton, CA. But let’s look at the track record, how So we as, say, the political arm also MSgt Timothy Toney, age 37, died we got to where we are today. have an obligation to make sure they March 27, due to a noncombat-related Do you recall the World Trade Cen- inherit the world they think they are incident at Camp Wolverine, Kuwait. ter, the first time it was hit, February getting. They are willing to die for it. He was assigned to Headquarters Bat- 26, 1993? Six people died. Cyanide gas We should support them because they talion, 1st Marine Division, I Marine and other chemicals were found in that understand the next generation will. If Expeditionary Force, Camp Pendleton, building. Next, we move to June 25, you wanted to take a poll on how many CA. 1996, when 19 Americans were killed people wanted to be on Normandy PFC Leroy Sandoval, age 21, died and 372 were wounded at a place called Beach on June 6, 1944, I doubt you March 26 due to hostile fire in the Al Khobar Towers in Saudi Arabia. Noth- would get a majority of people who Anbar Province. He was assigned to 2nd ing was done about either one of those would like to have been there. But we Battalion, 1st Marine Regiment, 1st attacks. went. We answered the call. That is Marine Division, I Marine Expedi- Then came August 7, 1998. Two em- what is important. We cannot lose our tionary Force, Camp Pendleton, CA. bassies were bombed; one in Tanzania, will as a people or a society or as our LCpl William J. Wiscowiche died one in Kenya, eastern Africa. military forces. That is what I am March 30 due to enemy action in Al Then came October 12, 2000. The USS hearing is our will. They understand Anbar Province, age 20. He was as- Cole was attacked in Yemen. Seventeen what is at stake for the next genera- signed to 1st Combat Engineering Bat- American sailors died. tion. That is what has made this coun- talion, 1st Marine Division, I Marine Then we come to September of 2001— try great. We always think about the Expeditionary Force, Camp Pendleton, September 11; 9/11—and the World next generation. It is not about our CA. He was from Victorville. Trade Center, New York City. Two air- own generation. It is about our kids. PFC Dustin Sekula, age 18, died April planes were flown into the two towers. That is what this is all about. 1 due to injuries sustained from enemy Over 2,500 people were killed on that If we keep backing and shrinking fire in Al Anbar Province. Assigned to fateful day that most of us remember. away, then our enemy will take what- 2nd Battalion, 7th Marines, 1st Marine There was another attack in Wash- ever we give them, and we will pay an Division, I Marine Expeditionary ington, DC, at the Pentagon on that even higher price than we have already Force, Twentynine Palms, CA. same day. On that day some 3,000 peo- paid—Americans killed, innocently, PFC Geoffrey Morris, 19. Private ple died. We did not even lose that going about their own business in their Morris died April 4 due to injuries re- many at Pearl Harbor when Japan at- own way in a free country. ceived from hostile fire in Al Anbar tacked our forces, the U.S. Navy. We have men and women who have Province. Assigned to 2nd Battalion, We could go on about Santiago, on answered the call and a Commander in 4th Marines, 1st Marine Division, I Ma- September 27, 2001; the U.S. housing Chief who is doing his level best to not rine Expeditionary Force, Camp Pen- compound in Saudi Arabia—all of those only end it in an honorable way but to dleton, CA. terrorist attacks on American citizens. also secure the freedom and the safety LCpl Aric Barr, age 22, died April 4 Because we did nothing to answer of people in a part of the world where due to injuries received from enemy ac- any of those attacks, was that basi- that has been done very few times. He tion in Al Anbar Province. Assigned to cally a green light to go ahead? How is to be commended for it. Twentynine Palms, CA, the same bat- long do we have to apologize and say, Mr. President, I yield the floor. talion, the same division, the same Well, we are trying to find a way to The PRESIDING OFFICER (Mr. force. take care of this cancer that has in- CRAPO). The Senator from California. Cpl Tyler Fey, age 22. Corporal Fey vaded our world? Mrs. BOXER. Mr. President, I ask died April 4 due to injuries received So the decision was to say, after 9/11: unanimous consent that I may speak from enemy action in Al Anbar Prov- Let’s go after the cancer. And we did for up to 20 minutes as in morning ince. He was assigned to the same bat- that. And al-Qaida, even though it op- business. talion, the same division, the same erates, I will tell you, it does not oper- The PRESIDING OFFICER. Without force, Twentynine Palms, CA. ate as freely as it did. objection, it is so ordered. We have been hurting in California. The American people, have they for- HONORING OUR ARMED FORCES LCpl Matthew Serio, age 21, died gotten we have not been hit by another Mrs. BOXER. Mr. President, today I April 5 due to injuries received from terrorist act in this country since we rise to pay tribute to 59 young Ameri- hostile fire in Al Anbar Province; also made the decision to tear the heart out cans who have been killed in Iraq from from Camp Pendleton, the same bat- of the dragon? March 22 to April 26. All of them to talion, the same division, the same And then the idea of Iraq and weap- whom I am going to pay tribute were force. ons of mass destruction, he had them. from California or were based in Cali- Sgt Michael W. Mitchell, age 25, died He used them. He manufactured them. fornia. April 4 in Baghdad when his unit was People were even trained. I have previously read the names of attacked with rocket-propelled gre- I do not think we need to apologize all the others connected to California nades and small arms fire. He was as- to anybody anymore for the actions we who have died. Sadly, these numbers signed to the Army’s 2nd Battalion, are taking. Enough is enough, for the are going up. I was shocked to just 37th Armor Regiment, 1st Brigade, 1st protection of our country and for the hear on the radio that 11—11—of our Armored Division, Ray Barracks, protection of the people who live here, troops have been killed today in Iraq. Friedberg, Germany. Sergeant Mitchell who work here, and long to be free. So I am going to read the names of was from Porterville, CA. Just ask the young men. For every- those who are connected to California. SP Casey Sheehan, age 24, died April body who would say, Well, this thing is And this, again, is from March 22 until 4 in Baghdad when his unit was at- falling apart, do you realize our Monday of this week. tacked with rocket-propelled grenades recruitments are up? People who are LCpl Jeffrey C. Burgess, age 20, died and small arms fire. He was assigned to reenlisting in the service—those num- March 25, due to enemy action near the Army’s 1st Battalion, 82nd Field bers are up. If you talk to our young Fallujah. He was assigned to Marine Artillery Regiment, 1st Calvary Divi- people there in Iraq, who are doing Wing Support Squadron 373, Marine sion, Fort Hood, TX. Specialist those patrols—and I have done that; I Wing Support Group 37, 3rd Marine Air- Sheehan was from Vacaville, CA. have been there—they know what the craft Wing, I Marine Expeditionary Cpl Jesse Thiry, age 23, died April 5 mission is. They know the risk in- Force, Marine Corps Air Station, due to injuries received from hostile volved. They willingly accept it be- Miramar, CA. fire in Al Anbar Province. Assigned to

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4654 CONGRESSIONAL RECORD — SENATE April 29, 2004 1st Battalion, 5th Marines, 1st Marine PFC Christopher D. Mabry, 19, died tile fire in Al Anbar Province. He was Division, I Marine Expeditionary April 7 due to injuries received from assigned to 2nd Battalion, 4th Marine Force, Camp Pendleton, CA. hostile fire in Al Anbar Province. He Regiment, 1st Marine Division, I Ma- PFC Christopher Ramos, age 26. Pri- was part of the same group from Pen- rine Expeditionary Force, Camp Pen- vate First Class Ramos died April 5 due dleton, CA. dleton, CA. to injuries received from hostile fire in SSgt William Harrell, age 30, died 1LT Oscar Jimenez, age 34. First Al Anbar Province; the same battalion, April 8 of a gunshot wound while con- Lieutenant Jimenez died April 11 due same Marine division, same force, ducting combat operations in Al Anbar to a gunshot wound to the head and Camp Pendleton, CA. Province. He was from Placentia, CA. thigh received in Al Anbar Province. Another from the same battalion, the He was part of the same marine group, He was assigned to 3rd Battalion, 4th same force at Camp Pendleton, is PFC Camp Pendleton. Marine Regiment, 1st Marine Division, Derrick Hallal, age 24, died April 6 due 1LT Joshua Palmer died April 8 of I Marine Expeditionary Force, Camp to hostile fire in Al Anbar Province. wounds received from small arms fire Pendleton, CA. He was from San Diego, PFC Christopher Cobb, age 19, died while conducting combat operations in CA. April 6 due to hostile fire in Al Anbar the Al Anbar Province. He was as- PFC George D. Torres, age 23. Pri- Province; also from Camp Pendleton, signed to the same group of marines, vate First Class Torres died April 11 CA. Camp Pendleton, CA. He was from Ban- after sustaining a gunshot wound to PFC Ryan Jerabek, age 18, died April ning, CA. the head while conducting combat op- 16 due to hostile fire in Al Anbar Prov- LCpl Michael Wafford, 20, died April 8 erations in the Al Anbar Province. He ince; also from Camp Pendleton, CA. due to injuries received from hostile was assigned to 1st Battalion, 5th Ma- PFC Moises Langhorst, age 19, died fire in Al Anbar Province. He is from rine Regiment, 1st Marine Division, I April 5 due to hostile fire in Al Anbar; the same Marine regiment, division, Marine Expeditionary Force, Camp same battalion, from Camp Pendleton, force at Camp Pendleton, CA. Pendleton, CA. He was from Long CA. Cpl Nicholas J. Dieruf, age 21. Cor- Beach, CA. LCpl Travis Layfield, age 19, assigned poral Dieruf died April 8 due to injuries LC Phillip E. Frank, age 20. Lance to 2nd Battalion, 4th Marines, 1st Ma- received from enemy action in Al Corporal Frank died April 8 from hos- rine Division, same force, Camp Pen- Anbar Province. He was assigned to 1st tile fire in Al Anbar province. He was dleton, CA. He was from Freemont, CA. Light Armored Reconnaissance Bat- assigned to 2nd Battalion, 1st Marine LCpl Anthony Roberts died April 6 talion, 1st Marine Division, I Marine Regiment, 1st Marine Division, I Ma- due to hostile fire in Al Anbar Prov- Expeditionary Force, Camp Pendleton, rine Expeditionary Force, Camp Pen- ince; the same group of marines from CA. dleton, CA. Camp Pendleton. LCpl Christopher B. Wasser, age 21. Cpl Daniel R. Amaya, age 22. Cor- SSgt Allan Walker died April 6 as a Lance Corporal Wasser died April 8 due poral Amaya died April 11 from hostile result of a gunshot wound while con- to injuries received from enemy action fire in Al Anbar Province. He was as- ducting combat operations in the Al in Al Anbar Province. He was assigned signed to 3rd Battalion, 4th Marine Anbar Province. He was from the same to 3rd Battalion, 7th Marine Regiment, Regiment, 1st Marine Division, I Ma- battalion, division, force at Camp Pen- 1st Marine Division, I Marine Expedi- rine Expeditionary Force, Twentynine dleton. He was from Palmdale, CA. tionary Force, at Twentynine Palms, Palms, CA. LCpl Kyl Crowley died April 6 as a re- CA. LCpl Torrey L. Gray, Age 19. Lance sult of a gunshot wound while con- LCpl Levi T. Angell, age 20. Lance Corporal Gray died April 11 from hos- ducting combat operations in the Al Corporal Angell died April 8 due to in- tile fire in Al Anbar Province. He was Anbar Province. He was from the same juries received from hostile fire in Al assigned to 3rd Battalion, 4th Marine battalion, same division, same force, Anbar Province. He was assigned to Regiment, 1st Marine Division, I Ma- Camp Pendleton, CA. He was from San Combat Service Support Group 11, 1st rine Expeditionary Force, Twentynine Ramon, CA. Force Service Support Group, I Marine Palms, CA. PFC Benjamin Carman, age 20, died Expeditionary Force, Camp Pendleton, PVT Noah L. Boye, age 21. Private April 6 due to hostile fire in Al Anbar CA. Boye died April 13 from hostile fire in Province. He was assigned to the same Cpl Matthew E. Matula, age 20. Cor- Al Anbar Province. He was assigned to group as the others, Camp Pendleton, poral Matula died April 9 form hostile 1st Battalion, 5th Marine Regiment, 1st CA. fire in Iraq. He was assigned to 2nd Marine Division, I Marine Expedi- LCpl Marcus M. Cherry, age 18. He Battalion, 1st Marines, 1st Marine Di- tionary Force, Camp Pendleton, CA. died as a result of a gunshot wound vision, I Marine Expeditionary Force, LCpl Robert P. Zurheide, Jr., Age 20. while conducting combat operations in Camp Pendleton, CA. Lance Corporal Zurheide died April 12 Al Anbar Province. He was from the LCpl Elias Torrez, III, age 21. Lance from hostile fire in Al Anbar Province. same battalion, same division, same Corporal Torrez died April 9 from hos- He was assigned to 2nd Battalion, 1st force, Camp Pendleton. Lance Corporal tile fire in Iraq. He was assigned to 3rd Marine Regiment, 1st Marine Division, Cherry was from Imperial, CA. Battalion, 7th Marines, 1st Marine Di- I Marine Expeditionary Force, Camp LCpl Shane Goldman died April 5 due vision, I Marine Expeditionary Force, Pendleton, CA to injuries received from hostile fire in Twentynine Palms, Ca. LCpl Brad S. Shuder, Age 21. Lance Al Anbar Province. He was from the PFC Eric A. Ayon, age 26. Private Corporal Shuder was killed in action same battalion, same division, same First Class Ayon died April 9 as a re- April 12 while conducting combat oper- force, Camp Pendleton, CA. sult of shrapnel wounds from an explo- ations in the Al Anbar Province. He 2LT John Wroblewski. Second Lieu- sion while conducting combat oper- was assigned to 2nd Battalion, 1st Ma- tenant Wroblewski died April 6 due to ations in the Al Anbar Province. He rine Regiment, 1st Marine Division, I injuries received from hostile fire in Al was assigned to 2nd Battalion, 4th Ma- Marine Expeditionary Force, Camp Anbar Province. He was assigned to the rine Regiment, 1st Marine Division, I Pendleton, CA. same group at Camp Pendleton. Marine Expeditionary Force, Camp Cpl Kevin T. Kolm, Age 23. Corporal CPT Brent Morel, age 27, died from Pendleton, Ca. Private First Class Kolm died April 13 from hostile fire in hostile fire in Al Anbar Province on Ayon was from Arleta, CA. Al Anbar Province. He was assigned to April 7. He was assigned to the same PFC Chance R. Phelps, age 19. Pri- 3rd Assault Amphibian Battalion, 1st group, Camp Pendleton. vate First Class Phelps died April 9 Marine Division, I Marine Expedi- Petty Officer Third Class Fernando form hostile fire in Al Anbar Province. tionary Force, Camp Pendleton, CA. Mendezaceves, age 27, killed April 6 in He was assigned to 3rd Battalion, 11th SSG Victor A. Rosaleslomeli, Age 29. Iraq while conducting combat oper- Marine Regiment, 1st Marine Division, Staff Sergeant Rosaleslomeli died ations in the Al Anbar Province. He I Marine Expeditionary Force, Camp April 13 in Iraq when an improvised ex- was assigned to the Naval Medical Cen- Pendleton, CA. plosive device exploded near his escort ter in San Diego, 1st Marine Division LC John T. Sims, Jr., age 21. Lance vehicle. He was assigned to the 2nd Detachment, San Diego. Corporal Sims died April 10 from hos- Battalion, 2nd Infantry Regiment, 1st

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4655 Infantry Division, Vilseck, Germany. tionary Force, at Twentynine Palms, ask for additional time because there He was from Westminster, CA. CA. are so many deaths that I ran out of SGT Brian M. Wood, Age 21. Sadly, since this list was compiled, time—this is not what the American Sergerant Wood died April 16 in Tikrit we have suffered more and more losses. people were told. We need a plan. We when his military vehicle pulled off the Today alone, I understand from radio need more support. We need an exit road and apparently hit a mine while reports, we have lost 11 soldiers. So strategy that makes sense that gives on patrol. He was assigned to the this list that I read pays tribute to us pride, that gives the people of Iraq Army’s 9th Engineer Battalion, 2nd those lost between March 22 and Mon- pride, that gives them at least the lim- Brigade Combat Team, 1st Infantry Di- day of this week. It took me too long, ited sovereignty they have been prom- vision, Schweinfurt, Germany. Ser- Mr. President, and I had to ask for ised. geant Wood was from Torrance, CA. more time because, sadly, we have lost This is a very hard time. I support SSG Jimmy J. Arroyave, Age 30. more than 700 people, and the numbers our men and women in Iraq. I am going Staff Sergeant Arroyave died April 15 are escalating. to work overtime in a bipartisan way due to a non-combat related vehicle ac- I say to the families not only of these to make sure the tone around here can cident northeast of Ar Ramadi, Iraq. brave servicemen—and I don’t think change, and we can come together. He was assigned to Combat Service there was a woman in this particular Yes, we differed on the way in. I dif- Support Battalion 1, Combat Service list—I say to the parents who have lost fered with how we went in and with Support Group 11, 1st Force Service a child here, and I say to the wives or whom we went in, but we are where we Support Group, I Marine Expeditionary the husbands who have lost a spouse are, and now is a time to figure out a Force, Camp Pendleton, CA. He was here, and I say to the children who way to get us out of there in a way from Woodland, CA. have lost a dad here, or the siblings that makes the world safer, makes us LCpl Gary F. VanLeuven, age 20. who have lost a brother or sister here, safer, and once more puts America in Lance Corporal VanLeuven died April you should be very proud of your fam- the front of the world as the country 17 due to injuries received from enemy ily member; that love of country takes that will, in fact, be able to bring de- action in Al Anbar Province. He was many forms, and one form is being mocracy in a way that makes sense for assigned to 3rd Battalion, 7th Marine willing to carry a weapon on to the the people of the world. Regiment, 1st Marine Division, I Ma- field of battle where you face death, I am going to give back my time be- rine Expeditionary Force, at and that is what these brave men and cause I am very anxious to get this bill Twentynine Palms, CA. women are doing right now. passed with my colleagues, Senators LCpl Ruben Valdez, Jr., age 21. Lance As a Senator, I owe you a plan, I owe MCCAIN, WYDEN, ALLEN, and others. Corporal Valdez died April 17 due to in- you a clear mission, I owe you a clear I thank the Chair. juries received from enemy action in exit strategy. Working on the Foreign The PRESIDING OFFICER. The Sen- Al Anbar Province. He was assigned to Relations Committee with my col- ator from Arizona. 3rd Battalion, 7th Marine Regiment, leagues on both sides of the aisle—Sen- Mr. MCCAIN. Mr. President, I thank 1st Marine Division, I Marine Expedi- ators LUGAR, BIDEN, KERRY, DODD, SAR- the Senator from California for her tionary Force, at Twentynine Palms, BANES, CHAFEE, and all the Members on courtesy. CA. both sides of the aisle, we owe it to the I would like to report that after a LCpl Michael J. Smith, Jr., age 21. people to come together now and figure very productive meeting amongst the Lance Corporal Smith died April 17 due this out. principals who have been involved in to injuries received from enemy action My friend from Montana said this is this legislation, I might add, I was rein Al Anbar Province. He was assigned a war against terrorism. I want to minded, for about 8 years now, and to 3rd Battalion, 7th Marine Regiment, bring us back for a moment to Sep- thanks to the good offices of Senators 1st Marine Division, I Marine Expedi- tember 11 when the whole world was DORGAN, VOINOVICH, ALLEN, LOTT, tionary Force, at Twentynine Palms, with us against Osama bin Laden, and ALEXANDER, and CARPER, I think we CA. I gave the President full authority to have the outline of an agreement that CPT Richard J. Gannon, II, age 31. go get the people who did this to us. I hope can lead to a successful conclu- Captain Gannon died April 17 from an After September 11, as each of us sion within the next hour or so. explosion while conducting combat op- were trying to find out what happened, We have refined the issues basically erations in the Al Anbar Province. He I asked the State Department about al- down to two. One of them is the issue was assigned to 3rd Battalion, 7th Ma- Qaida and where al-Qaida operated. of a moratorium. We expect Senator rine Regiment, 1st Marine Division, I I have a booklet that was printed LAUTENBERG to come to the floor with Marine Expeditionary Force, at after September 11 from the Bush ad- an amendment on the issue of morato- Twentynine Palms, CA. Captain Gan- ministration’s State Department. Al- rium, the numbers of years of a mora- non was from Escondido, CA. Qaida operated at that date in 45 coun- torium for different protocols, and also PFC Leroy Harris-Kelly, age 20. Pri- tries, including our own. Iraq was not one on the definition of the backbone. vate First Class Harris-Kelly died April on the list. And somehow because we It is not clear whether the second issue 20 north of Tallil, Iraq, when his truck did not have a plan and we lost the sup- will require a recorded vote. went off the road and rolled over be- port of most of the world for this, we We also reached an agreement on an cause of limited visibility and dan- find ourselves alone in this matter. amendment I will propose on behalf of gerous driving conditions. He was as- For every name that I read, there is all of us in a few minutes that has to signed to the 596th Maintenance Com- a family grieving with tears that we do with the voice over Internet pro- pany, 3rd Corps Support Command, V can only imagine. We owe it to them tocol issue, a definition to which we Corps, Darmstadt, Germany. He was now, because we are where we are, not have agreed. from Azusa, CA. to come to the floor and snipe at each I inform my colleagues, I think it is Cpl Christopher A. Gibson, age 23. other, but to find a plan so we can very possible that we could have one or Corporal Gibson died April 18 due to in- make sure the world is with us and two more votes and then vote on final juries received from enemy action in make sure the Iraqi people are with us. passage. At least I am hopeful of that Al Anbar Province. He was assigned to Yes, we are going to have those ele- outcome. I again thank my colleagues 3rd Battalion, 7th Marine Regiment, ments—the Baathists and the extrem- for their progress. 1st Marine Division, I Marine Expedi- ists—but if we can win the hearts and I will also mention that there are a tionary Force, at Twentynine Palms, minds of the Iraqi people, as we have couple of Senators who are being CA. He was from Simi Valley, CA. been saying on the Foreign Relations checked in who had amendments to Cpl Jason L. Dunham, age 22. Cor- Committee for so long, we can turn make sure their concerns are being ad- poral Dunham died April 22 due to inju- this around. But we need to do it with dressed in the amendments that may ries received from enemy action in Al the world behind us, and that takes be proposed. Anbar Province. He was assigned to 3rd leadership. Mr. President, I yield the floor. Battalion, 7th Marine Regiment, 1st For me to come to the floor and talk The PRESIDING OFFICER. The Sen- Marine Division, I Marine Expedi- about all these deaths and then have to ator from North Dakota.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4656 CONGRESSIONAL RECORD — SENATE April 29, 2004 Mr. DORGAN. Mr. President, I thank strongly about the question of tele- fronted with a situation where we tried Senator MCCAIN for his leadership. We phone calls over the Internet. The to get an extension of a highway bill. did just conclude a meeting and, as a chairman of the Commerce Committee That was objected to by the senior Sen- result of that meeting, it appears to me came, had a very constructive defini- ator from the State of Missouri. We we should be able to complete this leg- tion which made clear or clearer what talked a little bit at that time, and islation likely this afternoon. We dealt Senator ALLEN and I have felt all what we talked about is, basically, if with the question of the voice over along, and that is that there should not there is no extension given—which has Internet protocol, VOIP. I think Sen- be a change in the status quo. That is been cleared on our side, by the way— ator MCCAIN will offer an amendment very constructive. there will be some 5,000 Federal em- that reflects an agreement on all sides My guess is that the big challenge ployees of the U.S. Department of of that issue. That is one of the issues over the course of the afternoon will be Transportation laid off. They may be resolved. on the issue of definitions. Certainly able to wait until Monday, but cer- There still remains some issues deal- there are definitions with respect to tainly they will be able to wait no ing with the grandfather issue. I be- how what is called the backbone of the longer. lieve Senator LAUTENBERG will offer an system, the architecture, is handled. What does this mean? It means new amendment on that issue. Senator Depending on how it is written, that highway and bridge projects will be LOTT has an amendment. I am not cer- definition could provide for taxes on shelved. It will stop reimbursement tain whether they need votes. In any BlackBerrys and e-mails and the kind payments to the States for projects al- event, they will be working on those. of thing that the Senator from Virginia ready incurred. It will halt safety The other issue is the definition as to and I have opposed strongly. We will grants to the States. It will stop work what extent this legislation applies to have to oppose that once again, but I on transit construction in the Nation’s certain activities with respect to tax- want to make it clear, as I did earlier cities and towns. It will interrupt en- ation of telephone and telecommuni- in the afternoon, that we are anxious forcement of motor carrier safety regu- cations issues and the Internet. to deal with the remaining issues in a lations. It will disrupt inspection ef- The underlying bill is a Federal pre- collegial fashion with the Senator from forts at our Nation’s borders. All we emption of taxation with respect to the Tennessee. The Senator from Ten- are asking is a temporary extension. Internet. The point of the legislation, nessee has made it clear he wants to I said this morning, and I say to- as introduced, is to effectively prevent move this bill along. night, Senator INHOFE has been a real taxing the connection to the Internet, I join my colleagues in saying that soldier. He has been with us every step believing that the buildout of after 8 years of being at this, literally of the way to get a highway bill that is broadband services in this country is since the time I came to the Senate meaningful. No one can question the good for the country and will expand early in 1996, I suspect in a few hours conservative credentials of JIM INHOFE the economy and create jobs. the Senate will have acted once more from Oklahoma. The Senator from Almost all of us previously voted for in a bipartisan fashion. Oklahoma is noted for being a person a moratorium on taxes on the Internet. I want to wrap up by commending I voted for it, and so has most of my who watches where the money is spent. the Senator from Virginia. He has been But he recognizes the bill we reported colleagues. This iteration of that mora- willing to compromise with respect to torium has become increasingly com- and passed in the Senate, a bill that issues but he has never compromised was some $318 billion, is legislation plicated because since the moratorium, on principle, and I appreciate that. new technologies have developed, and that is important for the country. It is I yield the floor. important for the State of Oklahoma. it has caused more difficulties in nego- The PRESIDING OFFICER. The Sen- tiating. Even though we do not have It is important for the State of Nevada. ator from Arizona. It is important for the State of Rhode agreement on every feature, my expec- Mr. MCCAIN. Mr. President, we await Island. It is important for the State of tation is that in the next couple of the arrival of Senator LAUTENBERG so Virginia, and every other State I see hours the likelihood is this legislation we can move forward with his amend- represented on this Senate floor— could be completed in the Senate. ment. Then I am informed that at least which is no other State at this time. Again, I appreciate the leadership of Senators ALEXANDER, CARPER, and This is something we have to do. I Senator MCCAIN. A group of us have VOINOVICH do not intend to offer their think it would be a terrible shame, and been active in trying to see if we can amendment on definition, but there are I can’t imagine the reason that my find common definitions and common other Senators who also have an inter- friend, the distinguished senior Sen- intent with respect to this important est in this issue. So it is not for sure ator from Missouri, has used for want- legislation. that we are not going to have an Mr. President, I yield the floor. ing to object to this extension. amendment on that issue. He says: I want a conference ap- The PRESIDING OFFICER. The Sen- As I mentioned, moratorium and the pointed. ator from Oregon. grandfather issues need to be ad- Mr. WYDEN. Mr. President, I share Mr. President, we have said there are dressed, and Senator LAUTENBERG’s the view of the chairman of the Com- other ways of arriving at this. There amendment addresses the issue of merce Committee and Senator DORGAN. are other ways of having legislation ap- grandfathering. So we await his arrival I think the end is now in sight. I see proved by the body, by the House, and in hopes that we can get that disposed the distinguished Senator from Vir- sent to the President. of, and then the Lott amendment and ginia on the floor right now, and I com- I have in my hand bills enacted into then we would be ready to move to mend him for all the effort and the re- law without using conferencing. This is final passage. lentless pursuit of a cause that he and an effort to negotiate differences in I yield the floor. language between the House and the I have shared for many years, going The PRESIDING OFFICER. The Sen- Senate. We have, just in the 108th Con- back to when he was Governor and ator from Tennessee. when I was the original Senate spon- Mr. ALEXANDER. I suggest the ab- gress, 21 different measures, important sor. sence of a quorum. measures: TANF, military family re- We have held steadfast to the propo- The PRESIDING OFFICER. The lief, Tax Relief Act, veterans’ benefits, sition that the Internet, this extraor- clerk will call the roll. and many other pieces of legislation— dinary national and global treasure, The bill clerk proceeded to call the 18 others, to be specific. should not be subject to multiple and roll. I think it is a tightrope I would not discriminatory taxes. I think the ear- Mr. REID. Mr. President, I ask unan- want to go to Nevada on, saying that I lier Senate vote indicates that a ma- imous consent the order for the objected to the highway bill and I am jority of the Senate is prepared to sup- quorum call be rescinded. closing the Department of Transpor- port policies which will ensure that the The PRESIDING OFFICER (Mr. tation because the minority won’t Internet is healthy and vibrant for the CHAFEE). Without objection, it is so or- agree to a conference. I don’t think future. dered. that is very good reasoning. I think the I see the chairman of the Commerce Mr. REID. Mr. President, this morn- people of the country would also think Committee on the floor. People felt ing we came to the floor and were con- it is not good reasoning.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4657 We have worked, in a bipartisan man- number of Senators—believe we should The assistant legislative clerk read ner, to produce a highway bill in the have a higher number. as follows: Senate. That legislation achieved 76 It is very clear. If a bill came to the The Senator from Mississippi [Mr. LOTT] votes. We received a letter from 20 Re- Senate or the House with $318 billion proposes an amendment numbered 3082 to publican Senators, dated today, sup- for highway transit, we would override amendment No. 3048. porting the Senate funding levels. any veto of the President. Why? Be- Mr. LOTT. Mr. President, I ask unan- These are Republican Senators, 20 Sen- cause this bill does not raise the debt. imous consent that reading of the ators. These are Senators, any one of It is paid for out of trust fund money, amendment be dispensed with. which—— and revenue streams are already in The PRESIDING OFFICER. Without Mr. MCCAIN. Parliamentary inquiry. place. objection, it is so ordered. The PRESIDING OFFICER. Does the Not only do we have a lot of people The amendment is as follows: Senator yield for the parliamentary in- supporting this legislation, as I indi- (Purpose: To extend the 1998 grandfather quiry? cated earlier today—and it is now in from 3 years to 4 years) Mr. REID. I am happy to. the RECORD—but we have hundreds of On page 5, line 2, strike ‘‘2006’’ and insert Mr. MCCAIN. At what time does the organizations that support this legisla- ‘‘2007’’ Pastore rule apply? tion: U.S. Chamber of Commerce; La- Mr. LOTT. Mr. President, in order to The PRESIDING OFFICER. It does borers International Union of North explain exactly what is involved, it is not apply postcloture. America; Associated General Contrac- quite simple. The amendment would Mr. REID. Three hours. Pastore tors—they are not together very often extend the 1998 grandfather coverage in works 3 hours after we take up a meas- on anything—American Road & Trans- the bill from 3 years to 4 years. I sup- ure. So that wouldn’t apply here. portation Builders Association; Inter- port ending this grandfather provision I appreciate my friend’s interest. national Union of Operating Engineers; for States that had already enacted Mr. MCCAIN. I thank the chairman. American Public Transportation Asso- some Internet tax by 1998. I support The PRESIDING OFFICER. But we ciation; National Asphalt Pavement phasing that out. are postcloture and germane debate is Association; National Stone, Sand & I would like to have this issue dealt required. Gravel Association; Association of with in a broad, comprehensive way. I Mr. REID. Certainly, I understand Equipment Manufacturers; American hope the Commerce Committee will do that totally. Mr. President, the reason Waterways Operators; Air Transport that in the next year or two. I felt that I understand that is the legislation Association; and Waterways Work. 3 years was enough of an extension of These are only a few of the hundreds that is before this body, this Internet that grandfather clause. But I have of organizations that want us to pro- legislation, has so many ramifications talked to a number of Senators on both that are important to what is going on ceed. I hope we can do this. It would be a sides of the aisle who say that in the in the country today. One of the things interest of fairness you have the grand- going on in the country today is how shame to lay off 5,000 people. The impact it would have on their immediate father clause phased out in 3 years, and we have improved the way we work on this bill is for 4 years. Wouldn’t it be transportation generally. But for the families is important. But the impact it would have on this country—we are fairer, and we would be more sup- high-tech industry we couldn’t do portive of it, if we could get these two many of the things that are done just beginning to come out of a reces- sion, so I am told. We are really fight- provisions in the same position? today. There are many different things For that reason, I filed an amend- we do today that we didn’t do 5 years ing for jobs. One way to work to have more jobs is to keep the highway pro- ment yesterday just before 1 o’clock. I ago, or even 10 years ago as a result of have discussed this with Senator STE- computerization. gram going. This legislation that is before the VENS, Senator MCCAIN, and Senator The vehicles on the roads now, with Senate is about as high tech as you can WYDEN. Members on both sides are some exceptions in the State of Ne- get. We know for every $1 billion spent aware of what this amendment is. Sen- vada, Department of Transportation in infrastructure development, 47,500 ator SUNUNU had some reservations vehicles, have computers in them. So I jobs are generated. That is important. about it but understands what we have have no qualms, using my hour’s time That is only for direct jobs, and thou- done. on this legislation, talking about the sands of other jobs are spun off from We are prepared to go forward with importance of the highway bill and, of that. this amendment now. I am willing to course, the fact is, with the highway I hope we can move forward. I under- do it because I think it is so important bill there are many high-tech propo- stand the importance of consumer- that we have Senators who feel good sitions that would be affected by this friendly legislation. Let us please not about this legislation and believe it is underlying legislation. have an objection to this legislation. fair so we can get a bill, get it now, and Mr. President, I have a letter. I I am not going to ask unanimous deal with this moratorium after these would read all the names, but, frankly, consent until Senator BOND has some many months of laboring to do the I can’t read them because I can’t read knowledge that I will do that. But I right thing. some of the signatures. But I do see will do that later in the day. That is basically what this is all one signature that jumps out at me: I appreciate everyone’s courtesy. I about. I hope my colleagues will sup- ELIZABETH DOLE. She has been Cabinet know they stretched the rule a little port it and it can be accepted, hope- Secretary two or three times, but one bit for me. I am very grateful. Even fully, on a voice vote. of those times she was a Secretary. In though the highway bill is high tech, I Mr. MCCAIN. Mr. President, I thank one of our President’s Cabinets she was am not sure it is that high tech. the Senator from Mississippi for his Secretary of Transportation. Mr. MCCAIN. Mr. President, I would very adroit, as always, capable work on ELIZABETH DOLE is one of those sup- never, ever believe that my friend from this issue and moving this legislation porting the $318 billion bill. Virtually Nevada would stretch any of the Sen- along. every Senator on the Democratic side ate rules. Of course, I appreciate his I thank my colleague from New supports it. That is 69 votes right real knowledge of the rules of the Sen- Hampshire, Mr. SUNUNU, who feels very there. ate. strongly about this issue. I know we I hope what we are doing today is I yield the floor. will be revisiting this issue again. only for a short time. We need in the The PRESIDING OFFICER. The Sen- I thank my colleagues. I strongly worst way to find out a way of getting ator from Mississippi. recommend that we agree to the Senator BOND to agree to this exten- AMENDMENT NO. 3082 TO AMENDMENT NO. 3048 amendment by voice vote. sion. This Nation expects nothing less. Mr. LOTT. Mr. President, I call up I yield the floor. The Republican leadership is going to amendment No. 3082, which is my Mr. DORGAN. Mr. President, I have meet today or tomorrow and talk amendment to the McCain underlying no objections to the amendment that is about what they think should be the amendment. being offered by my colleague from size of this bill. The vast majority—far The PRESIDING OFFICER. The Mississippi. We discussed the amend- more than 67 Senators, the veto-proof clerk will report. ment earlier today. It is an amendment

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4658 CONGRESSIONAL RECORD — SENATE April 29, 2004 I support. I hope we can agree to it The PRESIDING OFFICER. The ‘‘Voice over Internet Protocol’’, VoIP. without a recorded vote. I think that clerk will report. Tax and public utility officials I have makes sense. The legislative clerk read as follows: spoken with in New Jersey are very I might say while addressing this at The Senator from Arizona [Mr. MCCAIN] for worried that S. 150 could cost the State the moment that I am trying to get in Mr. LAUTENBERG, proposes an amendment and jurisdictions within the State hun- touch with Senator FEINSTEIN to deter- numbered 3104 to amendment No. 3048. dreds of millions of dollars annually. mine whether she intends to offer an The amendment is as follows: This is revenue they desperately need amendment on this subject. I believe (Purpose: To require the Comptroller Gen- to provide essential services. that is perhaps the last amendment on eral to study the impact of the Internet Furthermore, we simply don’t know our side of which we need to try to de- Tax Freedom Act on State and local gov- what the real impact of this legislation termine the disposition. As soon as we ernments and on broadband development) will be on the telecommunications in- determine what that is, I will let Sen- At the appropriate place, insert the fol- dustry and on future broadband deploy- ator MCCAIN know. lowing: ment, both of which are so important Once again, I do not object at all to SEC. ll. GAO STUDY OF EFFECTS OF INTERNET to our economy. Supporters of the bill the amendment offered by Senator TAX MORATORIUM ON STATE AND claim that the moratorium is essential. LOTT. I think a voice vote is in order. LOCAL GOVERNMENTS AND ON But I would note that three economists I yield the floor. BROADBAND DEPLOYMENT. at the University of Tennessee com- The Comptroller General shall conduct a Mr. MCCAIN. Mr. President, there is study of the impact of the Internet tax mor- pared Internet access rates in jurisdic- no further debate on the amendment. atorium, including its effects on the reve- tions with Internet taxes and jurisdic- The PRESIDING OFFICER. If there nues of State and local governments and on tions without any such taxes. The ac- is no further debate on the amendment, the deployment and adoption of broadband cess rates were the same. In other the question is on agreeing to the technologies for Internet access throughout words, the moratorium may not be amendment. the United States, including the impact of having any beneficial effect. That is The amendment (No. 3082) was agreed the Internet Tax Freedom Act (47 U.S.C. 151 something we need to find out. to. note) on build-out of broadband technology Mr. President, I understand that my Mr. LOTT. Mr. President, if the Sen- resources in rural under served areas of the amendment will be adopted and I ap- ator will yield, this appears to be a mo- country. The study shall compare deploy- preciate Chairman MCCAIN’s support ment where we are waiting for other ment and adoption rates in States that tax for it. I think it is an eminently rea- Senators to be contacted to further broadband Internet access service with States that do not tax such service, and take sonable amendment, and I hope that it work on amendments that may or may into account other factors to determine can be protected in the Conference not be offered. I want to take this op- whether the Internet Tax Freedom Act has Committee deliberations on this bill. portunity to say something positive had an impact on the deployment or adop- Mr. MCCAIN. Senator LAUTENBERG’s about this institution which has been tion of broadband Internet access services. amendment calls for a GAO study on having difficulties lately. The Comptroller General shall report the broadband for the effects of tax mora- This bill shows what you can do when findings, conclusions, and any recommenda- torium on State and local economies Senators will work together on a very tions from the study to the Senate Com- and other impacts of this Internet tax difficult issue. Senators prefer not to mittee on Commerce, Science, and Transpor- moratorium. I find it a very valuable vote on this issue. We have friends on tation and the House of Representatives amendment. It would be very helpful both sides—all of us. We have heard Committee on Energy and Commerce no because this is a moratorium, not a later than November 1, 2005. from our Governors, mayors, and from permanent ban. It would be very help- the industry. We have heard from all Mr. LAUTENBERG. Mr. President, I ful as we debate this issue, which I different points of view. But with the offer an amendment, No. 3104, to the imagine will start again in a year or tenacity and persistence of Senator McCain substitute amendment to S. so. ALLEN, Senator WYDEN, the chairman 150, the Internet Access Tax Morato- The Lautenberg amendment is a good of the committee, and the manager on rium bill. My amendment, if adopted, amendment. Senator LAUTENBERG is a the Democratic side—they have some would require the General Accounting conferee, and I know Senator DORGAN feel for what this institution can do Office, GAO, to conduct a study on the will agree we will fight to make sure and should do. I think they all deserve impact of the moratorium and report this GAO study is included. a lot of credit. We may actually get its findings back to Congress by No- I yield the floor. something done. This is something vember 1, 2005. The PRESIDING OFFICER. The Sen- that needs to be done and something of GAO would be tasked with analyzing ator from North Dakota. which we can all be proud. the revenue impact of the Internet tax Mr. DORGAN. Mr. President, I sup- I was talking to Senator DASCHLE moratorium on State and local govern- port the Lautenberg amendment. His earlier today repeating my oft-stated ments. GAO would also be tasked with suggestion makes a great deal of sense. opinion that when you govern and analyzing the effect of the moratorium I hope we can voice vote the Lauten- when you produce results, everybody on the deployment and adoption of berg amendment. wins regardless of party. That is what broadband technologies for Internet ac- The PRESIDING OFFICER. The we are really here for. cess throughout the United States. question is on agreeing to the amend- I say to those who are on the other The amendment directs GAO to comment. The amendment (No. 3104) was agreed side of this issue—former Governors, of pare deployment and adoption rates in to. course, led by Senator ALEXANDER, States that tax broadband Internet ac- Mr. MCCAIN. As far as I know—and Senator CARPER, and Senator VOINO- cess service with States that do not tax such service, and to take into account Senator DORGAN is more aware than I VICH—they have been eloquent in their am—we have one more amendment we other factors to determine whether the presentations. They have made us all agreed to which I hope to propose with- uncomfortable with the points they Internet Tax Freedom Act has had a in a couple of minutes. Senator FEIN- made while submitting their argu- positive impact on the deployment and STEIN may or may not be proposing an adoption of broadband Internet access ments. They have been dogged, but amendment. We will find out shortly. services. they have also been reasonable. Then we would be prepared to go to If we get this bill completed today, Having GAO conduct such a study is final passage. the people on all sides can feel good important because we simply don’t I yield the floor. about how it was done. I commend all know what the real impact of this leg- Mr. DORGAN. I suggest the absence concerned. It makes me feel good for a islation will be on the tax revenues of of a quorum. change about what we are doing. State and local government. The way The PRESIDING OFFICER. The I yield the floor. Internet ‘‘access’’ is defined in the bill, clerk will call the roll. AMENDMENT NO. 3104 TO AMENDMENT NO. 3048 it could be a giant loophole ripe for ex- The assistant legislative clerk pro- Mr. MCCAIN. I have submitted an ploitation by telecommunications com- ceeded to call the roll. amendment to the desk on behalf of panies, especially with regard to the Mr. MCCAIN. Mr. President, I ask Senator LAUTENBERG, and I ask for its emerging market of Internet teleph- unanimous consent that the order for immediate consideration. ony, which is commonly referred to as the quorum call be rescinded.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4659 The PRESIDING OFFICER. Without There is a reason the Gray Panthers, forces what I have said for a long time. objection, it is so ordered. for example, are for this legislation. We had an overwhelming vote to get Mr. MCCAIN. Mr. President, while we They and millions of other consumers the number of $255 billion for high- are awaiting the amendment and the understand how important it is that we ways. We had an overwhelming vote to presence or decision on Senator FEIN- not hammer Internet access. get a bill to the floor. We had an over- STEIN’s amendment, I wish to make a We will have other debates with re- whelming vote of 76 to 21 to pass a good couple of comments about individuals. spect to the future of the Internet. Cer- 6-year highway bill. I specifically speak of Senator ALEX- tainly the Senator from North Dakota My good friend from Nevada worked ANDER, Senator VOINOVICH, and Senator has talked passionately, for example, very closely with us. I tell you, as long CARPER, who fought very hard and val- about a project the Governors were as I have been in the Senate, I do not iantly on this issue. We have honest talking about, the streamlined sales know if we ever had better bipartisan differences of opinion on this issue. tax concept. So we will have these cooperation than Senator INHOFE and I It is very likely we will pass this leg- other debates. on the Republican side have had with islation, but Senator ALEXANDER, Sen- But the chairman of the Commerce Senator JEFFORDS and Senator REID on ator VOINOVICH, Senator CARPER, and Committee, who was so gracious to me the Democratic side. Senator DORGAN have had an enormous and the Senator from Virginia, helped Mr. President, 11 weeks ago, we impact. We have gone from a perma- us consistently through this 8-year- passed this wonderful highway bill. nent ban to a 4-year moratorium. We long battle. I want the chairman of the This, what I hold in my hand, is the are changing the definition of voice Commerce Committee to know I am highway bill. It passed overwhelm- over Internet protocol. We have made very appreciative of all of the help and ingly. It is a 6-year, $318 billion bill for significant changes to this legislation support he has given us in this cause. all of transportation. Do you know thanks to their efforts. We are going to be wrapping up the what? It is still sitting at the desk. I Throughout, our debate has been work of the Senate in just a few min- was on this floor raising Cain with our characterized by mutual respect and utes, and a lot of people who have said House colleagues because they would understanding that we just have funda- it just was not in the cards, it just was not move. I believe my friend from Ne- mental differences of opinion. I con- not to be, the Senate was gridlocked— vada joined with us. gratulate them on a battle well fought. suffice it to say there will be further Well, they moved. It will be 4 weeks Although they may have lost in pas- debates as we discuss this with the tomorrow that they moved. Now, some- sage of the legislation, they improved other body. thing that maybe a lot of people don’t it dramatically, and I say that from a This is a very significant step for- understand is, when you pass a bill like position on both sides of the issue. ward. Every Member of the Senate, in this, it doesn’t go into the President’s They brought into play their back- my view—and I have talked to almost hands; it doesn’t become law. You have grounds as Governors of their respec- every Member about this on a personal to take some procedural steps to move tive States and bring a much needed basis—every Member understands the it out of here. You have to substitute perspective to this body. I congratulate value to the opportunity of a healthy this bill for the House bill. You have to them for their very outstanding work, and vibrant Internet. What we had over insist on a conference. You have to particularly over the long period of the last few days is a debate about the name conferees and send it back to the time we have been involved in this best set of policies to attain that objec- House—procedural items. issue. tive. This will not be the last debate. For most of the time I have been If we pass this bill shortly—and we For example, even in an area where we here, it happens automatically. Once may not—there are two individuals have come to an agreement with re- you have a conference, then the Repub- who deserve the credit: Senators ALLEN spect to the taxation of telephone calls lican and Democratic conferees from and WYDEN, who took up this legisla- made over the Internet, this is not the the House sit down with the Repub- tion years ago, and followed it. They last word. As the Senator from Ten- lican and Democratic conferees from have been relentless, dedicated advo- nessee and I have discussed, we still the Senate, and you can move forward. cates, and have brought their debate have the Federal Communications But do you know what. We are stuck. and discussion all over America. They Commission in a position to take a We are stymied. Senator REID wants to have done an outstanding job. They are more comprehensive look, for example, know what we can do. I say, very sim- the ones who, I believe, deserve the on how phone calls made over the ply, what we need to do is to stop credit on all of it for the magnificent Internet are going to be regulated and blocking the transfer of this bill back work they have done on an issue that is dealt with by the various jurisdictions. into conference with the House. What of great importance and profound im- This debate is sure to continue for part of ‘‘yes’’ don’t you understand? portance to small and large businesses many days ahead, but this is a banner This is a simple matter. Now we have all over America. I thank them for day. This is a day when the Senate has kicked the can down the road. We have their valued efforts. made some judgments that will help had extensions and extensions, and we I yield the floor. keep the Internet healthy and vibrant can’t sit down and talk with our House The PRESIDING OFFICER. The Sen- in the days ahead. That is a great suc- colleagues. ator from Oregon. cess. I commend my colleagues for And I said: Wait a minute. We have Mr. WYDEN. Before the Senator being patient enough to deal with the intelligence transportation systems in leaves the floor, I don’t want to turn subject. Missouri and every other State in the this into a bouquet-tossing contest, but I yield the floor. Nation. We have a need for good high- I came to the Senate in the winter of The PRESIDING OFFICER. The Sen- ways, roads, and bridges, to promote 1996 as a new member of the Commerce ator from Missouri. our homeland security, to create jobs, Committee. The chairman of the com- UNANIMOUS CONSENT REQUEST—H.R. 3550 to relieve congestion, to promote long- mittee was exceptionally helpful in Mr. BOND. Mr. President, a few mo- term economic growth, and for safety. terms of working on the legislation ments ago, my good friend from Ne- At least a third of the 43,000 people then. We have gone through two vada talked about how the highway killed on highways every year in the iterations already. transportation system in Nevada de- Nation are killed because of unsafe Senator DORGAN and I have spent un- pends upon the Internet and all the highways. told numbers of hours talking about technology there. And I agree with So my good friend from Nevada this vastly important bill, more than him. We are very proud of the tech- wants to know what he can do to get either of us would have wanted. The nology, the intelligence transportation an extension; and I said so this morn- Senator from Virginia is here as well, systems, and other things we have in ing. I said: It is very easy. Let us move and the fact that he has been involved our Missouri Department of Transpor- forward on the bill. We have tough so extensively has been an enormous tation, our highway entity. issues to work out with the White help. The Senator from Virginia has I was very pleased he read off a list of House. We cannot work on those issues consistently talked about standing up people who support the measure we until we can sit down with the House for freedom. He is absolutely right. passed in the Senate. That just rein- and move forward. We have been

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4660 CONGRESSIONAL RECORD — SENATE April 29, 2004 blocked by the actions of the other Mr. REID. Mr. President, I will speak Just as it does now. side. very briefly. When she shows up, I will If we fail to extend this, there will be a I asked unanimous consent this finish within a couple minutes. shutdown of any further contract authority morning to move forward, and the dis- The PRESIDING OFFICER. The Sen- for Federal aid highway projects and a shut- tinguished minority whip on the other ator from Missouri has the floor. down of payments for work already con- side had another unanimous consent Mr. REID. I object. tracted for by the States and performed by request. I said I would be happy to ac- The PRESIDING OFFICER. Objec- contractors. This means no further projects tion is heard. can be approved or awarded. It also means cept his if he accepts this one. Let’s that not only the Federal Highway Adminis- move the process forward. This is not The Senator from Missouri. tration but also the National Highway Traf- rocket science. This is a necessary pro- Mr. BOND. Mr. President, I am sorry fic Safety Administration, the Federal cedural step. there continues to be an objection. I do Motor Carrier Administration, as well as the I am going home to Missouri this not want to hold up this bill any Bureau of Transportation Statistics, will weekend. And do you know what. Peo- longer. I want to see the Internet tax cease operation. ple are going to ask me: Why haven’t moratorium bill pass. I want to see us Skipping: you passed a highway bill? I would not move forward on highways and trans- Not only are we talking about people’s be surprised if at least 90 percent of the portation. I felt it was necessary to livelihoods, we are shutting down the Fed- Members of this body are asked the come down to clarify, based on what eral agencies, which will have an adverse same question: Why haven’t you passed my good friend from Nevada said, that consequence for our Nation’s highways, a highway bill? One simple answer: 76 I am trying to move the process along. motor carrier safety, and consequentially for Members of this body voted for it, but And when he asks his unanimous con- the condition and operation of our Nation’s now the other side objects to the proce- sent, I would ask that my unanimous surface transportation system. dural steps we need to take to move consent be added to it so we can move Skipping down two more paragraphs: this into conference. forward. That is all we are doing. Jobs will be lost in the private sector. An Nothing is going to happen until we This is very simple, standard proce- extension is bad enough, but a complete dis- move this bill into conference. This is dure. I appreciate the time of the man- ruption of the program when there are cru- not some strange procedure. Up until agers and everybody else. But there are cial job needs across the country will have an awful lot of people in this country an economic impact on the families directly, this year, this has been the normal pro- and on the economy. cedure. Maybe if my colleague is suffi- who are waiting for a good 6-year ciently concerned about the extension, Transportation bill, one like we passed Next paragraph: maybe if I renewed my request, he in this Senate. We need the extension to stop playing poli- would be willing to move the bill for- I appreciate my colleagues’ time. I tics with people’s jobs in this most important legislation. ward. thank the Chair and yield the floor. Therefore, Mr. President, I ask unan- The PRESIDING OFFICER. The Mr. BOND. Mr. President, will my imous consent that the Senate proceed Democratic whip. colleague yield for a question? to the consideration of the House- Mr. REID. Mr. President, this will be Mr. REID. I will shortly. passed highway bill, H.R. 3550; provided the third extension of this very impor- I could not have said it better myself. further that all after the enacting tant legislation. The first extension That is what we are facing right now. clause be stricken and the text of S. was the 5-month extension. We did that We are facing a shutdown of jobs. We 1072, as passed, be inserted in lieu because we could not get our act to- will furlough 5,000 people in the agen- thereof; the bill then be read a third gether: Senator INHOFE, Senator JEF- cies that were referred to on February time and passed; further that the Sen- FORDS, Senator BOND, and this Senator. 27 by my friend. ate then insist on its amendment, re- As a result of that, we got a commit- The people of this country should un- quest a conference with the House, and ment from the majority leader and the derstand there are different ways of the Chair then be authorized to appoint minority leader we could take up this getting a bill to the President’s desk. conferees on the part of the Senate, bill at a specified time in February. It is not necessarily with a conference. with a ratio of 11 to 10. Everyone lived up to that agreement, I have told Senator INHOFE and Senator The PRESIDING OFFICER. Is there and we did that. Within almost a FRIST that does not mean we are not objection? record period of time, we passed this going to go to conference. Mr. REID. Mr. President, reserving very important legislation. So that was I say to my friends, anyone within the right to object, we have a bill that the reason for the first extension. the sound of my voice, if conferees is about to be completed, and I do not The second extension was necessary were appointed right now, imme- want to interfere. I have a statement because the House had not yet done diately, the first thing we would do is that will take a few minutes. But I their legislating. We asked for a 2- say: OK, staff, majority staff, minority want the RECORD spread with the fact month extension on this matter on staff, majority and minority staff from that after I do object, sometime before February 27. the House, get together and work on the day is out I will renew my request At that time Senators MCCAIN and this. See what you can come up with. for the 2-month extension together LIEBERMAN objected to that extension Bring it back to us. That would take a with a statement. because they had some problems with couple of weeks to do that. So at this time, I say to the two man- the 9/11 Commission. As a result of Then we would work through what- agers of the bill, do you want to do that, a number of us came to the floor ever they couldn’t work through them- something on this bill that is now be- and said: How could Senator MCCAIN selves. Finally, the Members would fore the Senate? I ask, through the and Senator LIEBERMAN do such a agree on certain things. Then if there Chair, the distinguished chairman of thing? And in the process, statements were things we could not agree on, we the Commerce Committee, are you were made, some of which were by the would take it to the full conference. ready to do something right now on the distinguished Senator from Missouri. We are weeks and weeks away from bill? Otherwise, I will give my state- I quote from the CONGRESSIONAL that if we appoint a conference right ment. RECORD of that date. I will not read the now. The point is, we are not appoint- As I said to the Chair, I do not want whole statement. I will read that which ing conferences right now because, as I to take away from moving this bill for- is pertinent. This is a quote from the said before, we have on many occa- ward if people are ready to do some- distinguished Senator from Missouri: sions, more than 20 times already in thing. But we are waiting for Senator What the Senators from Arizona and Con- this year’s Congress, passed legislation FEINSTEIN, I understand. necticut are doing is seeking to hold hostage by what we call preconferencing it. It Mr. MCCAIN. That is correct. Please the whole highway program in the United does not matter what you call it. proceed. States. I have the same goal as the Senator Mr. DORGAN. Mr. President, if I I agree. That is what is happening from Missouri. We want a highway bill. might respond, Senator FEINSTEIN has now. I appreciate and admire and respect his actually left her office and is on her The Senator further went on to say: energy in helping arrive at this bill way. This extension expires on Sunday. where we now have a bill that is good

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4661 for the American people, a 6-year bill, The amendment is as follows: the chairman of the committee and $318 billion that is good for roads and On page 8 strike lines 1 through 9 and in- Senators WYDEN and ALLEN and DOR- transit. sert the following: GAN are all here. I intend to vote for I hope the Senator has made his ‘‘SEC. 1108. EXCEPTION FOR VOICE SERVICES this legislation tonight. This is a good point, but I do believe we need to get OVER THE INTERNET. result. ‘‘Nothing in this Act shall be construed to this short 2-month extension done and Senator LOTT made some comments effect the imposition of tax on a charge for then if there is something that comes voice or similar service utilizing Internet a few minutes ago about how the Sen- up in 2 months that the Senator thinks Protocol or any successor protocol. This sec- ate can sometimes come to a good con- we are not making progress on the leg- tion shall not apply to any services that are clusion. Before I came to the Senate, I islation, then he may want to try incidental to Internet access, such as voice- spent a year and a half teaching a something such as this again. capable e-mail or instant messaging. course in American character at the I yield to my friend who said he had Mr. MCCAIN. Mr. President, I submit Kennedy School of Government at Har- a question. the amendment on behalf of myself, vard. What we talked about there was Mr. BOND. Mr. President, I express Senator ALLEN, Senator VOINOVICH, what distinguishes our country is that my appreciation to the Senator from Senator ALEXANDER, Senator DORGAN, we agree on a few principles. Professor Nevada for reciting the deathless prose Senator CARPER, and Senator WYDEN. Samuel Huntington pointed out that that I shared with this body the last It refines the language concerning the our politics is a conflict between those time we were trying to get an exten- voice over Internet protocol. It is a principles. We had a conflict here be- sion. I made those statements because product of an agreement of language tween laissez-faire free market prin- the highway bill is so important. between all of us. I ask for its consider- ciples and federalism, and they are I ask my friend if he understands my ation. both very important. message today—I know what the proc- Before I do that, I believe Senator We have been working hard to come ess is like; we go through this process FEINSTEIN has an amendment she to agreement, and we got a good result. of appointing conferees, and it takes a wants to propose. I hope we can get an Senator ALLEN and Senator WYDEN long time to get it done—if he under- agreement, say, 40 minutes equally di- should feel very good about what they stands that the way to move forward is vided, if that would be agreeable. have been able to accomplish, and this to stop objecting to the simple proce- Mrs. FEINSTEIN. That would be fine. has been a fashion of theirs for a long dural process of substituting this bill Mr. MCCAIN. Forty minutes equally time. I feel good about the fact that for the House bill, reading it a third divided, followed by a recorded vote, Senators CARPER, VOINOVICH, GRAHAM, time, passing it, naming conferees, which would then be followed by final FEINSTEIN, and others have been able sending it to the House and asking for passage. I ask unanimous consent that to remind us of the importance of a a conference, all he has to do is to say after disposal of the pending amend- strong Federal system as we debate our yes to the unanimous consent request. ment, no more amendments be in issues, and that we promise as a Con- I will say yes to his request and we can order, that there be 40 minutes equally gress to do our best to minimize harm get on with the business. This is abso- divided between myself and Senator to State and local governments as we lutely an unnecessary procedural FEINSTEIN, a vote on the amendment, take important actions here. delay. Every day we fail to appoint followed immediately by a final pas- So what pleases me about the result conferees, we are further down the sage recorded vote. is what Senator MCCAIN talked about— road. Mr. REID. Reserving the right to ob- moving from a permanent ban to 4 Did I make myself clear to my friend ject, I direct this question to the man- years. I think that is good. Far and from Nevada? If he will agree to take ager of the bill, Senator DORGAN. Is away, the most important result is the the procedural steps, I will be happy to that correct, that all amendments have clarification that Senator MCCAIN has remove my objection to the extension. been offered? been able to achieve on the question of Mr. REID. Mr. President, in answer Mr. DORGAN. Mr. President, to my whether we are trying to decide what to the Senator from Missouri’s ques- knowledge, all of the amendments that to do about telephone calls made over tion, I certainly understand the point have been previously noticed would not the Internet. That is not what we are he is making. I simply do not agree. be offered. We have tried to check with trying to do with this legislation. We I, therefore, at a subsequent time be- the authors. A number of them would had that in our mind on both sides, but fore we adjourn this evening, will ask not be in order postcloture. We have we have not been able to agree on that. unanimous consent that the Senate checked with the authors of the That is far and away the biggest issue pass a 2-month extension, something amendments that were noticed. My unfor State and local governments, be- the House has already done. derstanding is that there are no cause they collect up to $18 billion a At this time Senator FEINSTEIN has amendments on this side other than year in taxes on telephone services. arrived and I would only end by saying Senator FEINSTEIN. At least we have That may change as time goes on, but that I personally would not want to re- not been notified that there is an we did not want ambiguous language, turn to Nevada, recognizing that I amendment out there other than Sen- or a misunderstanding, or to run the would not agree to a 2-month exten- ator FEINSTEIN. risk during the period of this morato- Mr. REID. I would say also to the two sion. In Nevada, it would wreak havoc rium—which we prefer to call a tem- managers of the bill, then we should be with the growth of the State there. porary timeout—that anyone would The fact is, even where there is not advised there will be at least two more think we were trying to decide the rapid growth, as in Nevada, there are votes, perhaps on Feinstein and final issue of what to do about telephone repairs that must be done. The con- passage. calls made over the Internet. struction season is upon us. Some of Mr. MCCAIN. That is correct. Senator MCCAIN’s amendment makes these projects will never go forward. Mr. REID. I would say also to my two friends, I always like to have the trains that clear and it speaks for itself. Also, AMENDMENT NO. 3105 TO AMENDMENT NO. 3048 he has been able, through his final sug- The PRESIDING OFFICER. The Sen- run on time. This is excellent work. I appreciate this. I thought it couldn’t gestion, to leave some grandfather ex- ator from Arizona. tensions in the bill. I would like to see Mr. MCCAIN. Mr. President, I have be done today. I have no objection. more. We will have a chance to vote on an amendment at the desk, and I ask The PRESIDING OFFICER. Without objection, it is so ordered. more in a minute. for its immediate consideration. The area where we did not go as far The PRESIDING OFFICER. The The question is agreeing to amend- as we would like on our side was in the clerk will report. ment No. 3105. The assistant legislative clerk read The Senator from Tennessee. definition. It expands the tax exempt as follows: Mr. ALEXANDER. Is it appropriate coverage to what we call the backbone and a number of other Internet activi- The Senator from Arizona [Mr. MCCAIN], for me to make a few remarks on the for himself, Mr. ALLEN, Mr. VOINOVICH, Mr. McCain amendment? ties. But this is a good result. It should ALEXANDER, Mr. DORGAN, Mr. CARPER, and The PRESIDING OFFICER. It is. be a wake-up call to Members of the Mr. WYDEN, proposes an amendment num- Mr. ALEXANDER. I won’t take many Congress that this is the fastest-grow- bered 3105 to amendment No. 3048. minutes, but I wanted to do this while ing new technology in America. It is

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4662 CONGRESSIONAL RECORD — SENATE April 29, 2004 going to change the way we live, and it Mr. CARPER. Mr. President, I have Mrs. FEINSTEIN. Mr. President, es- should be a wake-up call to us who care listened, and I understand we are de- sentially, this is a one-line amend- about federalism—all of us, and Gov- bating—actually embracing—the ment. It takes page 5 of the bill and ernors and mayors everywhere—that McCain amendment to modify the lan- strikes the date 2005 and inserts 2007. we are going to have to do careful, cre- guage that would ensure States which Essentially, this amendment makes ative, constructive thinking about have traditionally been able to derive both grandfather clauses in the bill 4- what the impact of this is on our Fed- revenue from telephone communica- years in duration. This would mean no eral system. What does it do to Gov- tions would continue to be able to do new taxes for the industry that is con- ernors, mayors, and county commis- that. As we go forward in time—and cerned, and the cities and counties sioners? those communications are expected to would not lose the revenue they cur- We are making a temporary decision migrate to the Internet—we want to rently receive, for at least 4 years. here, but the Commerce Committees of make sure we don’t undercut the abil- I want to say again—I said this yes- this Congress have already said they ity of States to continue to derive terday—not one single California com- are going to take the issue up in No- some revenues from this. pany that supports this bill has con- vember. So from where we started in We had a good exchange an hour or tacted me, but I have heard from rep- December, to where we are today, I feel so ago among Senators ALEXANDER, resentatives of 478 cities in the State very good about it. VOINOVICH, myself, and our friends who saying: Please, don’t do this. It may I especially thank the chairman of have different views on the overall bill. well be because in California, local ju- the Commerce Committee, who has, I am pleased we were able to come to risdictions have very limited revenue from the beginning, in terms of allow- an agreement, not just in spirit but in sources. It is either the property tax or ing me to testify before the com- letter as well. We all said we were in- a small amount of sales tax or if they terested in the same thing. We don’t mittee—I am not a member of the have a hotel tax, but there are not want to undercut the bill. The lan- Commerce Committee; this is not an many tax vehicles. So utility user guage in the original amendment did area in which I am usually involved— taxes, as well as telephone taxes, have not appear to do that—at least to us. he respected my effort, and that of oth- for many cities been a critical part of We would rather not have ambiguity their budget, for some up to 15 percent. ers, to push the issue of federalism for- going forward. ward. I thank him for helping us create At a future date, if there is a court That is just a fact. California may be a very good result. hearing and a judge is looking at the an anomaly. Maybe I know this be- So while I intend to be a cosponsor of language, trying to figure out what we cause I have been a mayor for 9 years Senator FEINSTEIN’s bill, I believe that meant, we want the judge to under- and a county supervisor for 9 years. what we have achieved so far goes a stand very clearly that this body, the This would affect telecommuni- long way in minimizing the effect of Congress, has no interest in taking cations services, taxes that have been this legislation on doing harm to State away the ability of States to raise rev- in place since the old moratorium was and local governments. It taught all of enue from a longstanding traditional enacted, particularly local exchange. us that this is an issue we need to learn source—some say it goes back to the For the city of Los Angeles, whose more about to make sure we deal with time when Alexander Graham Bell in- chief administrative officer, William it intelligently. vented the telephone. I don’t know if Fujioka, has said his city could lose $40 I thank you for the time. I thank the the tax has been around that long, but million a year if local exchange service Senator from Arizona for his leader- I think this preserves that for the is not protected. So this grandfather ship. Also, Senator ALLEN and Senator States, and that is important, as tele- clause to the largest city in my State WYDEN have been congenial as well as phone communications migrate to the is worth $40 million a year of taxes effective in their work. I am grateful Internet. that have been levied, of revenues that for that as well. I have enjoyed work- I thank my colleagues, Senators are counted upon to balance the budg- ing with them. MCCAIN, ALLEN, and WYDEN, for work- et. The PRESIDING OFFICER. Is there ing with us. In fact, our staffs helped Senator INOUYE joins me in cospon- further debate on the McCain amend- thread the needle in a very construc- soring this amendment, as do Senator ment? tive and tough way. CARPER, Senator ALEXANDER, Senator Mr. DORGAN. Mr. President, Senator The PRESIDING OFFICER. Is there VOINOVICH, and Senator HOLLINGS. MCCAIN has offered this amendment further debate on the amendment? It seems to me that it is not unrea- with agreement from all of us who have If not, the question is on agreeing to sonable to say to hard-pressed cities participated earlier today in a meeting the amendment. and counties that you have 4 years to to discuss areas of disagreement. This The amendment (No. 3105) was agreed find other revenue sources or make the was one of the areas of disagreement. to. necessary cuts. This does not have to It is called VOIP, voice over Internet Mr. MCCAIN. Mr. President, I move be done immediately. None of the com- protocol. We had concern about the to reconsider the vote. panies who benefit from this bill are section of the McCain substitute that Mr. REID. I move to lay that motion suffering. As a matter of fact, most of dealt with this topic. on the table. them are doing very well. It is the cit- The motion to lay on the table was After a meeting, we were able to ies that have the hard time funding po- agreed to. reach agreement on the language. So lice officers, funding firefighters, and it The PRESIDING OFFICER. Under C AIN is not easy. Nearly every city in the what Senator M C is now offering is the previous order, the Senator from State of California has a deficit and is an amendment to his substitute which California is recognized to offer an actually deals with this issue in a man- amendment. losing revenues. I cannot just stand ner that is consistent with the intent here on the floor of the Senate and let AMENDMENT NO. 3052, AS MODIFIED, TO this happen because I have news for ev- of everyone who has participated in the AMENDMENT NO. 3048 meeting. I am pleased to support it. I Mrs. FEINSTEIN. Mr. President, I erybody: Where people want their serv- think it improves this bill and adds to have sent a modification to the desk to ices is on the local level. the bill language that reflects the in- amendment No. 3052. Some say: Oh, no, this will not hap- tent of all of us who have worked to- The PRESIDING OFFICER. The pen. But when you ask the technical gether on it. clerk will report. analysts and the attorneys of these So I fully support the amendment of- The legislative clerk read as follows: communities whether it will happen, fered by Senator MCCAIN. There is no The Senator from California [Mrs. FEIN- they say yes. objection to passing it by a voice vote. STEIN] proposes an amendment numbered I very much appreciate the change The PRESIDING OFFICER. Is there 3052, as modified, to amendment No. 3048. that was made in the Voice Over Inter- further debate on the amendment? The amendment is as follows: net Protocol language of the bill. This Mr. MCCAIN. The Senator from Dela- (Purpose: To extend the grandfathers for the goes a long way. I very much appre- ware would like to make a comment. term of the moratorium extension) ciate the 4-year grandfather clause The PRESIDING OFFICER. The Sen- On page 5, line 20, strike ‘‘2005.’’ and insert given for Internet access. That goes a ator from Delaware is recognized. ‘‘2007.’’. further distance.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4663 There is this 2-year grandfather for treat all technologies differently. We Now, Senators should consider on those who use DSL or these local ex- had a number of jurisdictions violate both sides of the aisle what this means. changes—and I do not understand why that. They have gone out and stuck it It means we have largely come to a one is 4 years and the other is 2 years. to DSL. So DSL gets taxed, and cable consensus, at least from my point of I do not understand why these compa- does not get taxed. We don’t think it view, about what we want to do. We nies cannot wait 4 years before they happens in California, but it certainly have decided that for the States that are going to end up socking it to the has happened around the country. were already taxing Internet access in cities. It may be that in some States I do not think we ought to let these 1998, they should have 4 years more as this is not the case. I know it is the grandfathers outlive us all. That is es- we have a 4-year moratorium on new case in my State. sentially where we are going on this taxes. Again, I am very pleased to be joined issue. We just keep extending the life What the Senator from California is by Senators INOUYE, ALEXANDER, CAR- of these grandfathers. It is going to do saying is, then the States that are tax- PER, VOINOVICH, and HOLLINGS as co- great damage to the country’s future ing Internet access that is delivered in sponsors of this amendment. It seems by particularly discouraging broadband other kinds of ways should also have to me to make sense. It seems a com- development through DSL. the same 4 years. I believe she is right. promise which for the proponents I hope the Senate will oppose the Senator FEINSTEIN’s position says no should be relatively easy to make. I amendment. I cannot say there is any- new taxes, no new harm, and treat all think it will make a big difference to body I would rather not oppose than States the same. That is a fair result the cities of California. the Senator from California. I agree that fits with the consensus that we I yield the floor and reserve the re- with her on virtually everything under have developed for the rest of this leg- mainder of my time. the Sun with respect to public policy. islation, and I will support it, vote for The PRESIDING OFFICER. Who But, Mr. President, I say to the Sen- it, and cosponsor it. I hope our col- yields time? Who yields time to the ate, if they vote for the Feinstein leagues will do the same. Senator from Oregon? amendment, they are rewarding bad be- The PRESIDING OFFICER. Who Mr. WYDEN. Mr. President, I believe havior. They are encouraging techno- yields time? we have an agreement to share the logical inequality. We have already Mr. MCCAIN. I yield to the Senator time. I am allocated 10 minutes to taken steps to let some of these grand- from Virginia such time as he may con- speak on this amendment. I am not fathers live longer than I certainly sume. going to take 10 minutes, but it will would. We are now saying that some of The PRESIDING OFFICER. The Sen- come from the allocation under the them are going to make Methuselah ator from Virginia. agreement worked out by the chairman look young. I think it is a mistake. I Mr. ALLEN. Mr. President, the Sen- of the committee and the manager of urge my colleagues to oppose the ator from California mentioned wait- the bill, Senator DORGAN. amendment. ing for 4 years while this bill ends. The The PRESIDING OFFICER. This is I yield the floor. reality is that those who are paying off the chairman’s time? The PRESIDING OFFICER. The Sen- taxes right now because some States Mrs. FEINSTEIN. This would come ator from California. and localities have started taxing DSL off Senator MCCAIN’s time. Mrs. FEINSTEIN. Mr. President, I in the last several years, that means Mr. WYDEN. Yes, that will be fine. I would like to be sure the record is cor- consumers, with the amendment that will not take 10 minutes. rect. I appreciate the comments of the was approved in the McCain amend- Mr. President, the Senator from Cali- Senator from Oregon. He knows I re- ment, that the consumers are going to fornia knows how much respect I have spect him and enjoy working with him. be taxed for 2 more years. The design of for her, but I must profoundly disagree There is no problem there. this bill, as amended, is to protect tax- with this amendment. This amendment Let me make sure the record is cor- payers. It is to protect consumers. It is would essentially reward bad behavior. rect. California’s cities do not tax DSL. to expand opportunity, jobs, and com- What we have is a number of jurisdic- We are not one of the 27 states. merce to people all across this country. tions doing what clearly is in violation Mr. WYDEN. We agree. The grandfather clause that Senator of the law. We do not even think they Mrs. FEINSTEIN. That is not the MCCAIN put in his amendments, par- are in California, but in jurisdictions issue. The issue is the local exchange ticularly on the DSL, is different than around the country people are taxing and because of the particular ‘‘propo- what we passed out of the committee, DSL. We are convinced that is clearly sition 13’’ situation where local reve- which was to stop these DSL taxes im- against the law. It certainly promotes nues are so restricted, property taxes mediately because what has happened technological inequality because we are so restricted, it is extraordinarily in the last few years is some of these have a situation where cable gets a free difficult. So utility user taxes, local localities and States have figured out ride, and then they end up taxing DSL. exchange taxes actually play a sub- ways around the intent of the original The Feinstein amendment would stantial role in some smaller cities’ Internet tax moratorium and, indeed, make the 2-year DSL grandfather 4 budgets. That is just a fact. are taxing the backbone. Having a 4- years. Some of these grandfathers in Los Angeles, the biggest city, a city year grandfather on DSL taxes, on the this bill are going to live longer than with a lot of problems, a city with a backbone, on high-speed broadband, re- Methuselah. It certainly does not make big gang population, needs a lot of po- wards those who have been the most sensible public policy, and it does not lice. Some of that police force is actu- aggressive in looking at loopholes to make sensible public policy when we ally funded from this local exchange tax. It is going to cause probably more would be discriminating against the fu- money, which totals $40 million a year. litigation as well because it can always ture. The future is broadband, high- I yield time to the distinguished Sen- be argued over. speed Internet access through DSL. ator from Tennessee. May I ask how The reality of taxes is that they want This would allow folks to keep taxing much time he would like. to put them on DSL. They want tele- DSL, which has certainly been con- Mr. ALEXANDER. Three minutes. communications taxes. Telecommuni- trary to the spirit of everything we Mrs. FEINSTEIN. I yield 3 minutes of cations taxes on average across this have done over the last 7 years. It, in my time to Senator ALEXANDER. country are about 15 to 17 percent. effect, would be rewarding bad behav- Mr. ALEXANDER. I thank the Sen- Some places it is worse than others. ior. It would certainly discriminate ator from California for her leadership Richmond, VA, is about the worst in against DSL relative to cable. on this issue. From the beginning, be- the whole country. About 27 percent is I think this would be a significant cause of her background as mayor of the local tax. These are the kinds of mistake. Certainly, there are different San Francisco, she has had a clear un- taxes that are going to be imposed on technology platforms for Internet ac- derstanding of the effect of this debate DSL bills, whether from the telephone, cess, but for 8 years, the central propo- on the ability of cities and States to do wireless, BlackBerrys or Y5. sition I tried to advance on this legisla- what they are expected to do, and the The issue is this is the way that our tion is that there ought to be techno- importance of our Federal system of Internet access bills should look, with- logical equality; that we ought not to government. out DSL taxes on it. Here is the cost,

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4664 CONGRESSIONAL RECORD — SENATE April 29, 2004 $23.90, $25, $37, whatever it may be, no Internet traffic to that sort of tax- these dollars, I think it will help them taxes, clear, simple, understandable, ation. This is clearly undesirable, par- segue into a situation where they can and more affordable. If taxes are put ticularly when we are trying to get get themselves back on track. on, the Internet service bill will look high-speed broadband built out to rural The last thing I would say is that the like what a telephone bill looks like and small town communities. If we way this is going, I think it could end right now, and this is just one page of start increasing taxes on DSL and up being the largest unfunded mandate it, but all the local taxes, all the State broadband, it is going to make it very on the States. We should at least give taxes, all the Federal taxes, again, on difficult to get companies to invest, these States a break. average in this country are about 17 but most importantly it will mean I urge my colleagues to include pass- percent. This is what we are trying to more people will be unable to afford ing the Feinstein amendment. prevent. DSL or high-speed broadband services. The PRESIDING OFFICER. Who The Feinstein-Alexander amend- So I ask my colleagues to make sure yields time? The Senator from Cali- ment, though, would allow this sort of we avoid this sort of taxation. Do not fornia. taxation onto the Internet service ac- let all those States in America put on Mrs. FEINSTEIN. Mr. President, I cess bill. One of the problems we have, taxes like the ones we see on our tele- thank the Senator from Ohio for his and Senator WYDEN brought it up, is phone bill. Let us make sure we act on comments and for his leadership. how do we ever get rid of taxes? Guess this amendment to defeat it. The de- I yield 5 minutes to the Senator from what. Part of this tax was put in as a feat of this amendment will be a pro- Delaware, Mr. CARPER. luxury tax on telephone service to fi- tection to consumers, and it also will The PRESIDING OFFICER. The Sen- nance the Spanish American War in be a vote to expand economic oppor- ator from Delaware. 1898. Everybody is still paying that tax. tunity and prosperity for all Americans Mr. CARPER. I thank Senator FEIN- That war has been fought and won over everywhere in our country. STEIN for yielding time and particu- 100 years ago. That is how difficult it I respectfully urge my colleagues to larly for offering this amendment. I is, nearly impossible, to ever get rid of defeat or vote no on the Feinstein- would say to my colleagues, I believe taxes. Alexander amendment because it is we have made pretty good progress, not The McCain compromise allows those contrary to the desirability of eco- just today but over the last several who are taxing DSL to wean them- nomic opportunity for Americans. Add- weeks, maybe the last several months, selves off of that tax over 2 years. The ing more taxes, or allowing these taxes in terms of narrowing our differences. I reality is if the grandfather is allowed to continue for 4 years, is not the pol- am encouraged by that. I hope others to go on 4 years, which is the duration icy to make this country more com- of us are as well. of the entire measure on the morato- petitive, individuals more free, with One of the great concerns some of us rium, they will never take off those greater opportunities. had was a moratorium on the ability of taxes. So I say to my colleagues, the I yield the floor. State and local governments to collect time to act is now because this is how The PRESIDING OFFICER (Mr. certain kinds of revenues that lasted it will impact across the country. ALEXANDER). Who yields time? forever. I am pleased that is not the Say someone wanted to e-mail from Mrs. FEINSTEIN. How much time do case anymore. We have a moratorium Washington, DC, to Los Angeles, CA. I have remaining? of a finite duration, and the duration of That is going to be routed to Chicago, The PRESIDING OFFICER. Twelve the moratorium will be 4 years. I am which has a hub, another big hub in minutes. encouraged that we entered into a Austin, across all the way to the Bay Mrs. FEINSTEIN. I yield 4 minutes healthy negotiation on just how can we area of San Francisco that has a hub, to the Senator from Ohio, Mr. VOINO- make sure State and local governments and then to Los Angeles. That is the VICH. which traditionally derive revenue way it would go. All of these jurisdic- The PRESIDING OFFICER. The Sen- from telephone operations continue to tions in between that 3,000 miles are ator from Ohio. do that. We had a good-faith negotia- going to be able to put on these DSL Mr. VOINOVICH. Mr. President, per- tion, and that led to an amendment of- taxes. This is what we are trying to haps I have been in local and State fered by Senator MCCAIN that was ac- stop. government too long. I really do care cepted unanimously. That was a very The ones that have been doing it— about my brothers and sisters in State important provision. and it is unclear how many States are government and in local government. There is one more issue I believe doing it at this point. Some say 8, some I was not going to speak on the Fein- needs to be addressed. It is addressed in say 12, some say 20. The point is, there stein amendment, but I have some sta- the Feinstein amendment. If somehow is going to be 3,000 miles of taxes from tistics about the fiscal stress on the the Feinstein amendment could be localities, States, and jurisdictions in States that would lose the DSL after adopted, I believe we would have a between. they sunset the exemption in the next bill—in fact, we would have a bill I The States will have enough time 2 years. I am here to urge my col- would vote for. I know the Presiding with the McCain compromise, which is, leagues to support the 4-year extension Officer, Senator ALEXANDER, with I think, very generous to those who are for those States that have used DSL. whom I have worked very hard on advocates of allowing taxation on the The reason for it is this: The States these issues, indicated he would very Internet, to have 2 more years to wean are under one of the worst fiscal con- likely do the same thing. For us to themselves off of it. straints they have been in since the come from sort of how far apart we The big issue on the fiscal impact Second World War. Alabama, projected were to the point where we could actu- that one would hear all the time was deficit next year, $620 million; Alaska, ally vote for this bill were this change voice over IP, worrying about tele- $475 million; Arizona, the State of the enacted is no small amount of progress. phone service migrating to the Inter- Senator MCCAIN, sponsor of the under- Some of my colleagues have said to net. That has been resolved. The junior lying compromise, $1.1 billion; Cali- me that this is a complex issue. It is. Senator from Tennessee, Mr. ALEX- fornia, $15 billion; Connecticut, $200 Some have said to me I don’t really un- ANDER, and I debated and discussed it. million; Illinois, $2 billion; Indiana, derstand most of these issues. I have All of us worked on it, and finally, this $595 million; Kentucky, $200 million; studied hard. I confess there is still a afternoon we were able to get language Louisiana $500 million; Minnesota, $185 good deal I don’t know. But I would that everyone could agree upon. million; Mississippi, $709 million—a share with my colleagues, whether you So when folks say it is going to have small State, lots of money; Missouri, understand the intricacies of the back- such a big hit, a big cost on States and $600 million; New Jersey, $5 billion; bone of the Internet and what DSL localities, the voice over amendment, New York, $5.1 billion; North Carolina, means, I think we understand this and which we all adopted unanimously, will $400 million; Rhode Island, $188 million; I hope we could agree on this: If we are take away those fiscal impacts. South Carolina, $300 million. going to say that on the one hand we What we are now talking about, The States are in trouble. If we give are going to extend the moratorium for though, is whether there is going to be them an extra 2 years so they can 4 years, and we are going to say to 3,000 miles of taxation and subjecting make the adjustment in terms of losing State and local governments there are

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4665 certain things you can’t do during Mr. WYDEN. Will the Senator yield The PRESIDING OFFICER. Without those 4 years, I think there is a great briefly? Because I have been following objection, it is so ordered. virtue in saying to those States that this, along with the Senator from Ari- Mrs. FEINSTEIN. Mr. President, I are legally collecting revenues that zona, and we may be able to have a col- would like an opportunity to talk with they can continue to do that. They loquy to work this out. the Senator from Tennessee, the Sen- have not violated the law. In fact, the California does not tax DSL now. ator from Ohio, and the Senator from old moratorium enacted in 1998 explic- Mrs. FEINSTEIN. Correct. Delaware to see if we can work some- itly said the moratorium did not apply Mr. WYDEN. That is good. California thing out that might meet the concern to telecommunications services. That does not tax the backbone of the com- of the Senator from Oregon. is what it said. munications system now. California Mr. MCCAIN. Mr. President, how DSL has a telecom component in it. does, based on these analyses that have much time do I have remaining? As such, States are not prohibited from been given you, tax various tele- The PRESIDING OFFICER. Nine taxing DSL. Around 17 States cur- communications services. I think it minutes. rently do. All we are asking in this would be fair to all of us to say it is our Mr. MCCAIN. Maybe the Senator amendment is that the grandfather desire to keep the status quo in Cali- could do that in the next few minutes clause, both for dial-up and for DSL, fornia. while I make a couple of comments, if run coterminously with the term in the In other words, various services are that is agreeable. McCain compromise, and that is 4 paying telecommunications taxes now. The PRESIDING OFFICER. The Sen- years. The reading of our proposal indicates ator from Arizona. If we have a 4-year moratorium, why there is nothing which would prevent Mr. MCCAIN. Mr. President, I would shouldn’t we have a 4-year grandfather California from being able to continue like to be clear that a tax on DSL serv- in States that are not doing anything to impose those taxes. ices is a tax on Internet access. Seven- Would it be acceptable to the Senator illegal but, frankly, exercising their teen States have cleverly found a way from California to have a colloquy rights as sovereign States? I like that to get around the Internet tax morato- which would allow us to include some symmetry and balance. What I like rium. Right now, 17 States have gotten report language stipulating in those maybe even more is it enables those of around at least the spirit if not the let- areas where communications services us who fought very hard over these ter of the Internet tax moratorium by are being taxed now that there is noth- issues in recent weeks and months to taxing DSL service. ing in the McCain proposal which actually come together in the end and The heart of this compromise to the would change that? If that would be ac- vote for this package. original legislation had no ceptable to the Senator from Cali- So I say to my colleagues, if you grandfathering whatsoever—none, zero. fornia, we might be able to work out voted earlier today, maybe, for cloture, So we put in a compromise that would and you thought in voting for cloture with the chairman of the committee have called for 3 years of non-DSL tax- you were voting for a 4-year grand- and the Senator from Virginia report ation, 2 years grandfathering in for father for State and local governments, language and withdraw her amend- non-DSL taxes. This would have given you did not. What you thought you ment. That would protect the status the DSL taxing States 2 years to adjust were voting for and what you thought quo in California. It would, however, their budgets. Then we went from 3 you were getting, you did not get. You make sure we are not rewarding bad years to 4 years’ moratorium, lifting have the opportunity now to make behavior in other States around the the moratorium for those who are tax- amends for that, and I hope you will do country that tax DSL. ing non-DSL taxes. that by voting for the Feinstein If the Feinstein amendment is of- If we do this, we are gutting the com- amendment: 4-year moratorium, 4-year fered in its current form, I will oppose promise. It is unfair to DSL consumers. grandfather. It is a good symmetry, it very strongly. The Feinstein amend- Why should consumers in one-third of and, frankly, it is a very good comment, if it is offered, and if we can’t promise and one that will enable us to agree on a colloquy, would promote all States be treated differently from go ahead and proceed on this bill and technological inequality. It would nail the rest of the country? pass it and ultimately to enact it. DSL and give cable a free ride. I strongly oppose the amendment. I I yield the remainder of my time. I will urge the Senate to oppose the would like to work out the compromise The PRESIDING OFFICER. Who Feinstein amendment, but I would be as discussed between Senator FEIN- yields time? The Senator from Cali- open to report language with my col- STEIN, Senator WYDEN, and Senator fornia. league from California to make sure it ALLEN. I hope we can agree to it. Mrs. FEINSTEIN. Mr. President, I is the intent of the Senate to keep the In the meantime, I ask unanimous want to comment for a couple of min- status quo in California where DSL consent to send an amendment to the utes on the discussion that was had isn’t taxed and the backbone isn’t desk on behalf of myself and Senator with Senator MCCAIN, Senator DORGAN, taxed where the Senator has been con- HUTCHISON which would then allow the and Senator WYDEN and the concern cerned. State of Texas to have their ‘‘access here of the telecommunications taxes Mrs. FEINSTEIN. If I might respond line fee’’ included in the voice over IP which have been exempted from the to that question through the Chair, we compromise language. bill—in other words, those that have have worked with a group—the Senator The PRESIDING OFFICER. Is there always been a legitimate source of rev- from Delaware, the Senator from Ohio, objection? enue raising. I have an Ernst & Young the Senator from Tennessee—all along Mr. DORGAN. Mr. President, I didn’t study going back to 1999 that shows, on this. I don’t know the particular sit- understand exactly what was agreed to. for example, in the taxes collected by uation of their States. I don’t know The PRESIDING OFFICER. Is there California in the year 1999, on tele- whether they tax DSL. I do know that objection to consideration of the communications transaction taxes, the the bill exempts telecommunications, amendment? amount was $802 million. It doesn’t say and telecommunications has been a le- Mr. DORGAN. I reserve the right to which precise taxes those are. This is gitimate source of revenue which is object so I can understand what is hap- the depth of this problem. This is not a now affected by this grandfather pening. small problem. What bothers me is we clause. Obviously, if I could get half a Mr. MCCAIN. Mr. President, I suggest are moving on without really knowing. loaf for my State, I do not want to sell the absence of a quorum. The finance officers of the larger cities out those whom I have been working The PRESIDING OFFICER. The of California tell me one thing. The with over the last week. clerk will call the roll. Senator from Arizona believes that is The PRESIDING OFFICER. The time The legislative clerk proceeded to not correct and says the intention of of the Senator from California has ex- call the roll. the bill is not, in fact, to make these pired. Mr. MCCAIN. Mr. President, I ask non-DSL telecommunications services Mr. DORGAN. Mr. President, I ask unanimous consent that the order for tax-exempt. unanimous consent that the Senator the quorum call be dispensed with. I would like to ask the Senator from from California be given 2 additional The PRESIDING OFFICER. Without Arizona. minutes. objection, it is so ordered.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4666 CONGRESSIONAL RECORD — SENATE April 29, 2004 Mr. MCCAIN. Mr. President, I have Mr. MCCONNELL. I announce that Congress should not jeopardize the an amendment at the desk, and I ask the Senator from Utah (Mr. BENNETT) continued advance of information tech- unanimous consent for its consider- and the Senator from Kentucky (Mr. nology by allowing the tax moratorium ation on behalf of Senator HUTCHISON. BUNNING) are necessarily absent. to disappear, subjecting the Internet to If there is an objection, just object I further announce that if present ‘‘multiple and discriminatory taxes.’’ and let us move on. and voting the Senator from Kentucky We clearly need to reinstate the mora- The PRESIDING OFFICER. Is there (Mr. BUNNING) would vote ‘‘yes.’’ torium. Now is the time to pass this objection? Mr. REID. I announce that the Sen- legislation. Mr. REID. Objection. ator from Louisiana (Mr. BREAUX), the AMENDMENT NO. 3048 The PRESIDING OFFICER. Objec- Senator from Massachusetts (Mr. The PRESIDING OFFICER. The tion is heard. KERRY), are necessarily absent. question is on agreeing to the McCain Mr. MCCAIN. What is the parliamen- The PRESIDING OFFICER (Mr. TAL- substitute, amendment No. 3048, as tary situation, Mr. President? ENT). Are there any other Senators in amended. The PRESIDING OFFICER. The the Chamber desiring to vote? The amendment (No. 3048), as amend- The result was announced—yeas 59, Feinstein amendment is pending. ed, was agreed to. The PRESIDING OFFICER. There nays 37, as follows: The PRESIDING OFFICER. The are 2 minutes 15 seconds for the Sen- [Rollcall Vote No. 76 Leg.] question is on the engrossment and ator from Arizona, and 1 minute 42 sec- YEAS—59 third reading of the bill. onds for Senator FEINSTEIN. Allard Dole McConnell The bill was ordered to be engrossed Allen Domenici Miller Mr. MCCAIN. Mr. President, we have for a third reading and was read the Baucus Ensign Murkowski compromised. We have been working Bond Fitzgerald Murray third time. on this issue for a long period of time. Boxer Frist Nelson (NE) DIAL-UP ACCESS This is a compromise that is not widely Brownback Graham (SC) Nickles Mr. DAYTON. Mr. President I have Burns Grassley regarded, and Senator ALLEN and Sen- Roberts some concerns about the impact of S. Campbell Gregg Santorum Cantwell Hagel 150 that I wish to address to the gen- ator WYDEN accepted this grand- Schumer Chambliss Hatch fathering clause with great reluctance. Sessions tleman from Oregon, the author of the Cochran Hutchison Internet Tax Freedom Act. It is my un- Now the whole grandfathering clause Coleman Inhofe Shelby would be made moot. I don’t think con- Collins Kohl Smith derstanding that S. 150 provides that sumers in one-third of all States should Cornyn Kyl Snowe Internet access services do not include Specter be treated differently than the rest of Corzine Landrieu telecommunications services purchased Craig Leahy Sununu the country. I urge my colleagues to Crapo Lieberman Talent by customers to obtain dial-up access reject this amendment. Dayton Lincoln Thomas to the Internet. I also understand that I yield back the remainder of my DeWine Lott Warner S. 150 provides that only telecommuni- time. Dodd McCain Wyden cations services purchased or used by PRESIDING OFFICER. The Senator NAYS—37 the provider of Internet access in pro- from California has a minute 42 sec- Akaka Edwards Lugar viding Internet access are included onds. Alexander Enzi Mikulski within the moratorium. Mrs. FEINSTEIN. Mr. President, I Bayh Feingold Nelson (FL) Further, I understand that the Inter- Biden Feinstein Pryor thank my colleagues for the discussion. Bingaman Graham (FL) Reed net access moratorium does not apply The discussion shows how rapidly we Byrd Harkin Reid to the sale or use of telecommuni- are doing something about all the Carper Hollings Rockefeller cations services that are carried or Chafee Inouye Sarbanes ramifications we may not know. This Clinton Jeffords ‘‘routed’’ over the internet that are not Stabenow Conrad Johnson purchased or used to provide internet concerns me greatly. Stevens Daschle Kennedy This amendment is a simple amend- Voinovich access, for example, services that are Dorgan Lautenberg comparable to today’s circuit switched ment. It simply extends the grand- Durbin Levin father clause and secures the tele- voice but which are provided over communications areas for those cities NOT VOTING—4 internet protocol. This is often called and States that have been using this Bennett Bunning ‘‘Voice Over Internet Protocol,’’ or Breaux Kerry methodology for revenue raising for VOIP. Finally, to the extent that a years. In California, in 1999, the The motion was agreed to. telecommunications carrier sells both amount was $802 million that came Mr. KENNEDY. Mr. President, much internet access services and tele- from this area. For Los Angeles, in 1 of Massachusetts’ economy is now communications services, I understand based on technology and innovation. year it is $40 million. that the charges for internet access are The high-tech industry tripled in Mas- I hope Members of this body would be covered by the moratorium subject to sachusetts over the past decade and willing to move the 2-year grandfather the accounting rule covering aggre- drove our region’s economy. The Mas- clause to 4 years. This gives an oppor- gated charges for internet access and sachusetts telecommunications sector tunity for this to be sorted out. There telecommunications services. Am I employs over 110,000 workers in the is a Ninth Circuit Court opinion affect- correct in my analysis of S. 150? State. We need to support their contin- Mr. WYDEN. I appreciate the ques- ing DSL and cable. No one knows how ued growth. We need to make tion from the Senator from Minnesota, that will sort itself out because it just broadband a priority since the tech- who is distinguishing himself for his came out a few weeks ago. The legisla- nology can add $300 billion a year to keen interest in technology issues. He tion may well be affected by it. the U.S. economy and generate more is correct in his understanding of those All I am asking is, make the grand- than 1.2 million jobs. That is why this father clauses in both areas even. Raise legislation is so important. matters and in his reading of the legis- the 2-year in this one—which affects The issue on final passage of the lation. As the author of the original the local exchange of telecommuni- McCain compromise amendment is Internet Tax Freedom Act, it is my in- cations—to 4 years. whether the Nation continues to have a tent that when it comes to services I yield the floor. moratorium preventing taxation on ac- that are comparable to today’s circuit The PRESIDING OFFICER. All time cess to the Internet. I have always sup- switched voice but which are provided has expired. ported the moratorium in the past, and over internet protocol, what some call Mr. MCCAIN. I move to table the I will do so again today. VOIP, the legislation’s moratorium Feinstein amendment and I ask for the I opposed cloture earlier today be- would not apply. In other words, the yeas and nays. cause I thought there was room for im- internet access moratorium would not The PRESIDING OFFICER. Is there a provement, and I wanted the Senate to apply to the sale of telecommuni- sufficient second? There is a sufficient take the time to get it right. I am cations services that are carried or second. The question is on agreeing to pleased with the improvements that routed over the Internet that are com- the motion. The clerk will call the roll. have been made during the course of parable to circuit switched voice serv- The legislative clerk called the roll. today’s debate. ices.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4667 Mr. BAUCUS. Mr. President, I sup- Rural America stands on the edge of Internet access and multiple and dis- port the Internet Tax Freedom Act. a digital revolution. Technology will criminatory taxes on electronic com- This bill represents a reasonable com- move us to places about which we can merce. In addition, the McCain amend- promise. We should enact it. only dream. But we must preserve the ment would safeguard fees for uni- A tremendous amount of work went networks that will provide us that op- versal service and 9–1–1 or e-9–1–1 serv- into this bill. I commend the Com- portunity. ices and does not affect the emerging merce Committee for its effort to re- The telecommunications network in technology of Voice Over Internet Pro- solve some of these complex issues. In Montana is among the best in the tocol, VOIP. particular, I commend Chairman country. Over 140 communities have I urge the Senate to support elec- MCCAIN and Senator HOLLINGS for DSL. We have 95 videoconferencing tronic commerce by keeping it free working to bring parties together and sites spread throughout the state. The from discriminatory and multiple develop a common-sense bill. Universal Service Fund helped build State and local taxes and from Internet Last fall, the Senate entered an order this network. access taxes. recognizing that the Commerce and Fi- In addition, this bill would not harm The Internet has changed the way we nance Committees share jurisdiction Montana because it helps maintain do business. Today businesses can sell over this bill. That order granted se- emergency communications through their goods and services all over the quential referral of this bill to the Fi- the federal enhanced 911 program, or E– world in the blink of an eye. E-com- nance Committee after the Commerce 911. merce has created new markets, new Committee acted. We inherited a host E–911 allows police, fire, and emer- efficiencies and new products. of unresolved issues. And, after thor- gency workers automatically to locate The growth of electronic commerce ough examination—and in consultation those who call 911. In Montana, where is everywhere, including my home with members of the Finance Com- open space can go on for miles, this State of Vermont. For example, the mittee—we decided to allow the bill to technology can mean the difference be- Vermont Teddy Bear Company, which be discharged without a markup. tween life and death. employs more than 300 Vermonters, Let me briefly explain what this Many State and local governments sells online 60 percent of its bears dur- compromise bill does. Importantly, the have diverted 911 funds to other uses— ing its two busiest times of the year— bill extends the moratorium for 4 away from development of an 911 net- for Valentine’s Day and Mother’s Day. years. Some argue that this is too long, work. This bill ensures that those pro- That is 60 percent of all Vermont teddy and others believe that the tax morato- viders that use the 911 network con- bears sold online during this busy time. Hundreds of Vermont businesses are rium should be permanent. Four years tinue to pay for it. selling online, ranging from Al’s Snow- represents a reasonable compromise. We need to ensure funding of this ex- mobile Parts Warehouse to Ben & Jer- Four years will allow us to revisit un- tremely important program. I appre- ry’s Homemade Ice Cream. These resolved issues in the future. ciate the efforts of Chairman MCCAIN Vermont cybersellers are of all sizes Next, the bill allows States to con- and Senator HOLLINGS to ensure that and customer bases, from Main Street tinue tax telecommunications if they 911 is protected. merchants to boutique entrepreneurs decide they want to. The bill makes Second, this bill will bring good jobs to a couple of famous ex-hippies who clear that when phone lines are carried to Montana. Companies like Internet make great ice cream. over the Internet in the future using Montana—an Internet service provider What Vermont online sellers have in Voice Over Internet Protocol tech- headquartered in Bozeman—provide common is that Internet commerce al- nology, States will still be able to as- Internet access to thousands of sub- lows them to erase the geographic bar- sess telecommunications taxes on that scribers in Montana and neighboring riers that historically limited our ac- service. I know several Senators had States. cess to major markets. With the power concerns about protecting their States’ Keeping Internet access tax-free of the Internet, Vermonters can sell ability to tax phone service, and this helps businesses like these grow. Keep- their products and services anywhere, bill meets their concerns. ing Internet access tax-free breaks anytime. Finally, the bill provides a soft land- down costly barriers. This keeps jobs in Although electronic commerce is being for States that have been grand- Montana. ginning to blossom, it is still in its in- fathered under the 1998 act. The 1998 The next 5 years will bring change in fancy. Stability is the key to reaching act allows certain States, who taxed the technology and the market for its full potential, and creating out new Internet access prior to 1998, to con- Internet access. Technological ad- tax categories for the Internet is ex- tinue to do so. It is time to make the vances will blur the very definitions of actly the wrong thing to do. Internet Tax Freedom Act national Internet service and use. These changes E-commerce should not be subject to policy. The Internet is a national will affect how we access the Internet, new taxes that do not apply to other treasure, and a pillar of interstate and how much we pay for doing so. commerce. Indeed, without the current commerce. In future legislation we These changes pose challenges for writ- moratorium, there are 30,000 different should phase out the grandfather ing legislation. jurisdictions around the country that clause and allow us to move this na- This bill represents an attempt to could levy discriminatory or multiple tional policy forward, without leaving balance the interests of those who Internet taxes on E-commerce. any State behind. want to make sure that the Internet Let’s not allow the future of elec- This does not mean that I believe the remains taxfree, with those who are tronic commerce—with its great poten- bill is perfect. But it is a good bill. And concerned that if we try to define tial to expand the markets of Main it should move forward. Internet access, we may erode State Street businesses—to be crushed by the But before I agreed to support this and local tax coffers. weight of discriminatory or multiple bill, I made sure of two things: One, As technology changes, we will need taxes. this bill would not harm Montana’s to watch this delicate balance. I look I also believe that extending the bar businesses and citizens; and two, this forward to working with my colleagues on Internet access taxes will help bill would bring jobs and economic to ensure that this legislation lives up Vermonters end the digital divide and growth to Montana. to its promise. help Vermonters compete for better First, this bill will not harm Mon- Mr. LEAHY. Mr. President, I am jobs. Recently, the University of tana. It accommodates Montana’s spe- pleased to cosponsor and strongly sup- Vermont released a study that found cial needs in Universal Service and port the Internet Tax Nondiscrimina- only 39 percent of Vermonters who emergency 911 services. tion Act, S. 150. I thank Senator earning less than $20,000 a year have a This bill does not jeopardize the Uni- WYDEN, Senator ALLEN, Senator personal computer, while 67 percent of versal Service program. Universal MCCAIN and others for their leadership Vermonters who earn more than $35,000 Service helps Montana rural telephone on this legislation. a year own a personal computer. And 92 companies to provide telephone access I also support Senator MCCAIN’s com- percent of Vermonters who do own a to rural areas. Universal Service is ex- promise amendment to extend for 4 computer are connected to the Inter- tremely important to Montana. years the moratorium on taxes on net. We have to close this digital divide

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4668 CONGRESSIONAL RECORD — SENATE April 29, 2004 for Vermonters to have the skills for digital packet of Internet service infor- could tell me—including CBO—how the good-paying jobs of the 21st cen- mation. And we certainly don’t know much the Alexander-Carper definition tury. exactly how the digital data in our would have cost. With over $20 billion We need to bar Internet access taxes BlackBerrys connects to our desktop being collected from taxes on tele- and multiple or discriminatory taxes computers at home, to our laptop com- communications services every year, on goods and services sold over the puters in the car, or to our mobile this imprecise data made it difficult Internet to provide the stability nec- phones in our pockets. But, we do know for me to support any definitions. That essary for electronic commerce to when we are trying to make a phone is why we had to include other provi- flourish, and to close the digital divide call and when we are typing with our sions—like the grandfather provisions for all Americans. fingers. and the VOIP language—that would Mr. ENZI. Mr. President, we are Voice telecommunications are treat- help cushion the impact this bill will about to vote on final passage of the ed differently than other broadband have on our States and locals. Internet access tax moratorium. After Internet services, and that is a fact. It The grandfather provisions are im- months of negotiations, I believe the is not fair and it is not right, but it is portant because they ensure that amended version before us represents a a fact. The compromise before us rec- States and locals that are currently fair and reasonable compromise. It ad- ognizes this problem. That is why it taxing do not lose millions of dollars dresses, although not entirely, most of carves out VOIP or voice over the over the next couple of years. I had the concerns I raised when we debated Internet. I am pleased my colleagues hoped all of the grandfather clauses this bill in November. I plan to vote for were able to craft language this after- would expire at the same time, but we it today. noon that improved the original VOIP were beat fair and square. The problem I do not support taxing the Internet. provision included in the McCain sub- is that extending the grandfather for I never have. I stood before you 2 years stitute. The new language makes it some States for only 2 years still cre- ago and proposed an amendment that more clear and easier for our States, ates an unfunded mandate. would have put in place a ‘‘permanent’’ cities, businesses, and judicial system As many of you know, this is an issue moratorium. But my colleagues, at the to interpret. I have followed closely for years. Ques- time, presented a very compelling ar- I am glad my colleagues were able to tions about unfunded mandates have gument as to why a ban on taxing the reach an agreement on the issue of always been the issues that cause me, Internet should not be made perma- VOIP. Unfortunately, we weren’t as especially when I served in the Wyo- nent. They said we should simply ex- lucky on the definition of ‘‘internet ac- ming State legislature, to sit up and tend the moratorium for 2 years rather cess service.’’ The Allen-Wyden, Alex- take notice. Whenever Congress takes than put in place a permanent mandate ander-Carper and McCain proposals all up an issue that could have an effect on on technological development. contained different definitions that State revenues, every State Governor The major point of contention, they would restrict the ability of States and and legislature stops what they are said, was the way in which we defined locals to tax telecommunications serv- doing to see what we are up to—and ‘‘Internet access.’’ They said we needed ices. What troubled me was that each how it may affect them—or more to to let technology develop before defin- definition would have cost our States the point—what it is going to cost ing what could and could not be taxed millions of dollars, but nobody could them. 10 years down the road. In retrospect, I tell me exactly how much it would So now, after months of hearings, agree with my colleagues, and I agree have cost them. That is the problem. meetings and negotiations, we are get- with my colleagues now. The morato- CBO was unable to estimate how ting ready to pass a bill that could cre- rium needs to be extended for 4 years, much our States and locals would lose ate an unfunded mandate for a couple as is done in this compromise. We need under the Allen-Wyden or McCain defi- of years but doesn’t do it permanently, to put in place a moratorium for 4 nitions, but clearly stated that the loss which I am pleased about. The original years because it is extremely difficult could be ‘‘substantial.’’ The most con- Allen-Wyden bill proposed a ‘‘perma- to write a definition today that will crete numbers from CBO were provided nent’’ moratorium on access taxes and protect and promote technology even 5 in a letter dated November 5, 2003. In ‘‘permanent’’ definition of internet ac- years down the road. Technology is that letter, CBO estimated that rev- cess. My question was whether or not simply changing too fast for us to enue losses could range from $80 to $120 we should lock any type of technology make those kinds of decisions with any million per year to State and local gov- in a glass box labeled ‘‘permanent’’ certainty. ernments that are already taxing when that technology is changing For example, in my home State of Internet access and were covered by shape and size at the speed of light. Wyoming, we have a small telephone the ‘‘grandfather clause.’’ The problem with the word ‘‘perma- company in the northwestern part of Additionally, CBO states that ‘‘other nent’’ was that it didn’t allow for a lot the State that serves about 7,000 peo- states are currently imposing taxes on of wiggle room. The changing shape of ple. Two years ago, in this small com- charges for the portions of DSL serv- technology would break the glass box munity, the company was working to ices they do not consider Internet ac- whether we like it or not, so I am update their plain old telephone sys- cess.’’ Those States would lose between pleased that we crafted a bill that will tem so they could handle the capacity $40 and $75 million per year. As you keep the latch open to allow for expan- needed for dial-up networking. will recall, under the Allen-Wyden and sion and future growth. That way we Today, after 2 years of upgrades and McCain definition, taxation of all DSL can check on the progress of tech- investments, the company now offers services would be preempted. nology in 4 years, and then decide to every single customer a package of The Multistate Tax Commission esti- whether we should lock it up tighter or high-speed Internet access, digital mates that the loss could be as much change its design to allow for more ex- cable service, multiple telephone lines, as $4 billion to $8 billion under the pansion and development. and voice over the Internet in some Allen-Wyden and McCain definitions. The key words here are time and areas. Talk about rapidly changing Given these two examples, there is change. By signing on to something technology. This company is making clearly a lot of discrepancy between that was supposed to be ‘‘permanent’’ things happen. However, at the same the agencies that are supposed to know we would have been committing our- time, the company’s progress high- the most. selves to something that might not lights the difficulty we face in deter- Of course, the Alexander-Carper defi- have survived the test of time. Things mining what is and what is not Inter- nition wasn’t perfect either. It would are moving quickly and changing fast net service. have also cost our States millions of and we are trying to make decisions For instance, most of us don’t know dollars over time, but it would have about what lies down the road based on exactly when a local telephone call been far less significant. It would have what we have just driven past—or the ceases to be a telephone call and be- prevented States from collecting new scenery that surrounds us right now. It comes a dial-up Internet service. We revenue from consumers who are pay- might work. But it might not. It might don’t understand how to decipher a dig- ing for the last mile of their DSL serv- not because no other product of tech- ital packet of voice information from a ices. However, once again, nobody nology has seen such growth and

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4669 change in the past few years as the Now, Congress needs to step up and do Cochran Gregg Murray Coleman Hagel Nelson (FL) Internet and information technology. the same. Collins Harkin Nelson (NE) That is what has made it a difficult The sales and use tax bill has been Conrad Hatch Nickles issue to track and to address in terms referred to the Finance Committee and Cornyn Hollings Pryor of what its future may hold. The bill I hope to work with Chairman GRASS- Corzine Hutchison Reed Craig Inhofe Reid we have before us is an effort to allow LEY and others to bring it up in com- Crapo Inouye Roberts some of these issues to ripen, while mittee some time this year. But, that Daschle Jeffords Rockefeller protecting internet users from future is not what we are talking about here Dayton Johnson Santorum DeWine Kennedy Sarbanes taxation. today. Dodd Kohl Schumer That being said, I think we might Let me be clear—we are not talking Dole Kyl Sessions benefit from taking a look at the past about sales and use taxes today as part Domenici Landrieu Shelby history of the issue before we try to of the internet access tax moratorium. Dorgan Leahy Smith Durbin Levin Snowe form an opinion on its future. Two These are two completely separate Edwards Lieberman Specter years ago, I stood before you and of- issues. Today we are talking about the Ensign Lincoln Stabenow fered an amendment that would have— Internet access tax moratorium. Enzi Lott Stevens like this bill—made the moratorium on Feingold Lugar Sununu The compromise before us doesn’t ad- Feinstein McCain Talent Internet access permanent. At the dress every concern raised by the Fitzgerald McConnell Thomas time, I believed we were taking a fair States and locals, but it doesn’t ad- Frist Mikulski Voinovich and equitable approach to a prohibition dress every concern raised by industry Graham (SC) Miller Warner Grassley Murkowski Wyden on taxing the Internet. either. But, isn’t that the sign of a true My amendment, which was cospon- compromise? Both sides have to give a NAYS—3 sored by my good friend and colleague little in order to come up with the best Bingaman Graham (FL) Lautenberg from North Dakota, Senator DORGAN, product. NOT VOTING—4 would have made the ban on taxing the I have worked with my colleagues on Bennett Bunning Internet permanent, and it would have both sides of the issue to find middle Breaux Kerry simplified the extremely cumbersome ground that would protect consumers The bill (S. 150), as amended, was network of State sales and use taxes. and ensure that States and localities passed, as follows: My amendment failed, in part because don’t lose billions in tax revenue. I S. 150 most Senators did not want to put in think we have found the middle Be it enacted by the Senate and House of Rep- place a ‘‘permanent’’ moratorium. ground. I have talked to both Repub- resentatives of the United States of America in The other reason my amendment licans and Democrats and this is the Congress assembled, failed was because it addressed a com- bipartisan solution. SECTION 1. SHORT TITLE. plex issue that most Senators did not I urge my colleagues to vote for this This Act may be cited as the ‘‘Internet Tax understand. It was the issue of stream- bill, so we can allow the use of the Nondiscrimination Act’’. lined sales and use tax. I introduced Internet to continue to prosper and SEC. 2. FOUR-YEAR EXTENSION OF INTERNET the Streamlined Sales and Use Tax Act TAX MORATORIUM. grow. It is a valuable resource because (a) IN GENERAL.—Subsection (a) of section in 2001 and again last year because it it provides access on demand. In addi- 1101 of the Internet Tax Freedom Act (47 would greatly reduce the complexity of tion, it is estimated that the growth of U.S.C. 151 note) is amended to read as fol- our system of sales and use taxes. online businesses will create millions lows: This year, Senator DORGAN and I of new jobs nationwide in the coming ‘‘(a) MORATORIUM.—No State or political subdivision thereof may impose any of the have been joined by 18 bipartisan co- years. I hope you will vote with me in sponsors in introducing S. 1736. Like following taxes during the period beginning favor of both. November 1, 2003, and ending November 1, our bill in the 107th Congress, S. 1736 The PRESIDING OFFICER. The bill would make it easier for American con- 2007: having been read the third time, the ‘‘(1) Taxes on Internet access. sumers and businesses to conduct sales question is, Shall the bill, as amended, ‘‘(2) Multiple or discriminatory taxes on from remote locations and help States pass? electronic commerce.’’. begin to recover from years of budg- (b) CONFORMING AMENDMENTS.—(1) Section Mr. MCCAIN. I ask for the yeas and etary shortfalls. It would authorize 1101 of the Internet Tax Freedom Act (47 nays. States that have signed the Stream- U.S.C. 151 note) is amended by striking sub- The PRESIDING OFFICER. Is there a lined Sales and Use Tax Agreement and section (d) and redesignating subsections (e) sufficient second? have passed legislation simplifying and (f) as subsections (d) and (e), respec- There appears to be a sufficient sec- tively. their tax system to require all sellers ond. (2) Section 1104(10) of the Internet Tax to collect and remit sales taxes. The clerk will call the roll. Freedom Act (47 U.S.C. 151 note) is amended S. 1736 is a critical piece of legisla- to read as follows: The legislative clerk called the roll. tion that many of my colleagues are ‘‘(10) TAX ON INTERNET ACCESS.— learning more about and recognizing Mr. MCCONNELL. I announce that ‘‘(A) IN GENERAL.—The term ‘tax on Inter- its growing importance as Internet the Senator from Utah (Mr. BENNETT) net access’ means a tax on Internet access, usage explodes. Two years ago the rev- and the Senator from Kentucky (Mr. regardless of whether such tax is imposed on enue loss attributed to the Internet BUNNING) are necessarily absent. a provider of Internet access or a buyer of Internet access and regardless of the termi- sales tax loophole was fairly minimal. I further announce that if present and voting the Senator from Kentucky nology used to describe the tax. Today, the revenue loss has ballooned ‘‘(B) GENERAL EXCEPTION.—The term ‘tax (Mr. BUNNING) would vote ‘‘yes.’’ as online and other remote sales have on Internet access’ does not include a tax increased. The States have responded Mr. REID. I announce that the Sen- levied upon or measured by net income, cap- to this budget crisis by signing the ator from Louisiana (Mr. BREAUX) and ital stock, net worth, or property value.’’. Streamlined Sales and Use Tax Agree- the Senator from Massachusetts (Mr. (3) Section 1104(2)(B)(i) of the Internet Tax ment and implementing legislation KERRY) are necessarily absent. Freedom Act (47 U.S.C. 151 note) is amended The PRESIDING OFFICER. Are there by striking ‘‘except with respect to a tax (on that drastically simplifies their sales Internet access) that was generally imposed and use tax systems. In fact, 20 States any other Senators in the Chamber desiring to vote? and actually enforced prior to October 1, have already signed into law the nec- 1998,’’. essary implementing legislation, while The result was announced—yeas 93, (c) INTERNET ACCESS SERVICE; INTERNET 9 others are currently in the process of nays 3, as follows: ACCESS.— doing so. [Rollcall Vote No. 77 Leg.] (1) INTERNET ACCESS SERVICE.—Paragraph Two years ago, my colleagues said YEAS—93 (3)(D) of section 1101(d) (as redesignated by the States hadn’t come far enough in subsection (b)(1) of this section) of the Inter- Akaka Biden Campbell net Tax Freedom Act (47 U.S.C. 151 note) is Alexander Bond Cantwell the process to warrant congressional amended by striking the second sentence and action. I think the opposite can be said Allard Boxer Carper Allen Brownback Chafee inserting ‘‘The term ‘Internet access service’ today. The States have taken the bull Baucus Burns Chambliss does not include telecommunications serv- by the horns and are poised to act. Bayh Byrd Clinton ices, except to the extent such services are

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4670 CONGRESSIONAL RECORD — SENATE April 29, 2004 purchased, used, or sold by a provider of SEC. 5. EFFECT ON OTHER LAWS. debate. It wasn’t both sides of the aisle Internet access to provide Internet access.’’. The Internet Tax Freedom Act (47 U.S.C. but in the Chamber itself. (2) INTERNET ACCESS.—Section 1104(5) of 151 note), as amended by section 4, is amend- There are going to be no further that Act is amended by striking the second ed by adding at the end the following: votes this evening. The Senate will re- sentence and inserting ‘‘The term ‘Internet ‘‘SEC. 1107. EFFECT ON OTHER LAWS. convene on Monday. At that time we access’ does not include telecommunications ‘‘(a) UNIVERSAL SERVICE.—Nothing in this services, except to the extent such services Act shall prevent the imposition or collec- will resume consideration of the JOBS are purchased, used, or sold by a provider of tion of any fees or charges used to preserve bill, the FSC/ETI bill. The chairman Internet access to provide Internet access.’’. and advance Federal universal service or and ranking member of the Finance SEC. 3. GRANDFATHERING OF STATES THAT TAX similar State programs— Committee have lined up Senators to INTERNET ACCESS. ‘‘(1) authorized by section 254 of the Com- offer amendments on Monday and The Internet Tax Freedom Act (47 U.S.C. munications Act of 1934 (47 U.S.C. 254); or therefore we will make progress on the 151 note) is amended— ‘‘(2) in effect on February 8, 1996. bill on Monday. Any votes ordered on (1) by redesignating section 1104 as section ‘‘(b) 911 AND E–911 SERVICES.—Nothing in this Act shall prevent the imposition or col- amendments during Monday’s session 1105; and will be delayed until Tuesday. (2) by inserting after section 1103 the fol- lection, on a service used for access to 911 or lowing: E–911 services, of any fee or charge specifi- f cally designated or presented as dedicated by ‘‘SEC. 1104. GRANDFATHERING OF STATES THAT a State or political subdivision thereof for MORNING BUSINESS TAX INTERNET ACCESS. the support of 911 or E–911 services if no por- Mr. FRIST. I now ask unanimous ‘‘(a) PRE-OCTOBER 1998 TAXES.— tion of the revenue derived from such fee or consent there be a period for morning ‘‘(1) IN GENERAL.—Section 1101(a) does not charge is obligated or expended for any pur- business with Senators to speak for up apply to a tax on Internet access that was pose other than support of 911 or E–911 serv- generally imposed and actually enforced to 10 minutes each. ices. The PRESIDING OFFICER. Without prior to October 1, 1998, if, before that date, ‘‘(c) NON-TAX REGULATORY PROCEEDINGS.— the tax was authorized by statute and ei- Nothing in this Act shall be construed to af- objection, it is so ordered. The Senator ther— fect any Federal or State regulatory pro- from Texas. ‘‘(A) a provider of Internet access services ceeding that is not related to taxation.’’. Mrs. HUTCHISON. Mr. President, I had a reasonable opportunity to know, by SEC. 6. EXCEPTION FOR VOICE AND OTHER SERV- ask the distinguished Senator from virtue of a rule or other public proclamation ICES OVER THE INTERNET. Alaska if I could do a colloquy, without made by the appropriate administrative The Internet Tax Freedom Act (47 U.S.C. delaying him? agency of the State or political subdivision 151 note), as amended by section 5, is amend- Mr. STEVENS. Fine. thereof, that such agency has interpreted ed by adding at the end the following: f and applied such tax to Internet access serv- ‘‘SEC. 1108. EXCEPTION FOR VOICE SERVICES ices; or OVER THE INTERNET. INTERNET TAX ‘‘(B) a State or political subdivision there- ‘‘Nothing in this Act shall be construed to NONDISCRIMINATION ACT of generally collected such tax on charges for affect the imposition of tax on a charge for Internet access. voice or similar service utilizing Internet Mrs. HUTCHISON. Mr. President, I ‘‘(2) TERMINATION.—This subsection shall Protocol or any successor protocol. This sec- voted for the bill that has just passed not apply after November 1, 2007. tion shall not apply to any services that are because I have said all along I am ‘‘(b) PRE-NOVEMBER 2003 TAXES.— incidental to Internet access, such as voice- against taxing Internet access. I think ‘‘(1) IN GENERAL.—Section 1101(a) does not capable e-mail or instant messaging.’’. it is a disruption of interstate com- apply to a tax on Internet access that was SEC. 7. GAO STUDY OF EFFECTS OF INTERNET merce. I have said that all along. generally imposed and actually enforced as TAX MORATORIUM ON STATE AND of November 1, 2003, if, as of that date, the LOCAL GOVERNMENTS AND ON The reason I have been concerned tax was authorized by statute and— BROADBAND DEPLOYMENT. about this bill is I have been very ‘‘(A) a provider of Internet access services The Comptroller General shall conduct a afraid that the city franchise taxes had a reasonable opportunity to know by vir- study of the impact of the Internet tax mor- that are collected in my State of Texas tue of a public rule or other public proclama- atorium, including its effects on the reve- were somehow going to be brought into tion made by the appropriate administrative nues of State and local governments and on the bill. I have now been working with agency of the State or political subdivision the deployment and adoption of broadband the Senate leaders, the managers of the thereof, that such agency has interpreted technologies for Internet access throughout bill, Senators MCCAIN, ALLEN, WYDEN, and applied such tax to Internet access serv- the United States, including the impact of ices; and the Internet Tax Freedom Act (47 U.S.C. 151 and Senator DORGAN, to assure that it ‘‘(B) a State or political subdivision there- note) on build-out of broadband technology was not the intent to take the Texas of generally collected such tax on charges for resources in rural under served areas of the franchise fee, which is called an access Internet access. country. The study shall compare deploy- line fee in Texas, to be included in the ‘‘(2) TERMINATION.—This subsection shall ment and adoption rates in States that tax ban on Internet access. It is not Inter- not apply after November 1, 2005.’’. broadband Internet access service with net access; it is a franchise fee. States that do not tax such service, and take SEC. 4. ACCOUNTING RULE. I very much hope we can clarify the into account other factors to determine The Internet Tax Freedom Act (47 U.S.C. whether the Internet Tax Freedom Act has record on this point and assure that in 151 note) is amended by adding at the end the had an impact on the deployment or adop- conference the definition will be clear following: tion of broadband Internet access services. so it will be recognized under Federal ‘‘SEC. 1106. ACCOUNTING RULE. The Comptroller General shall report the law 47 U.S.C., section 1104(8)(B), that ‘‘(a) IN GENERAL.—If charges for Internet findings, conclusions, and any recommenda- the Texas access line fee is included as access are aggregated with and not sepa- tions from the study to the Senate Com- a franchise fee or similar fee, and in- rately stated from charges for telecommuni- mittee on Commerce, Science, and Transpor- cluded in the exceptions from the defi- cations services or other charges that are tation and the House of Representatives nition of tax. subject to taxation, then the charges for Committee on Energy and Commerce no later than November 1, 2005. I hope we have an assurance from the Internet access may be subject to taxation managers of the bill that this Texas ac- unless the Internet access provider can rea- SEC. 8. EFFECTIVE DATE. sonably identify the charges for Internet ac- The amendments made by this Act take ef- cess line fee, which is a franchise fee, cess from its books and records kept in the fect on November 1, 2003. would not be included within the defi- regular course of business. Mr. ALLEN. Mr. President, I move to nition of Internet access tax. ‘‘(b) DEFINITIONS.—In this section: reconsider the vote. Mr. WYDEN. Will the Senator yield? ‘‘(1) CHARGES FOR INTERNET ACCESS.—The Mr. WYDEN. I move to lay that mo- Mrs. HUTCHISON. I am happy to term ‘charges for Internet access’ means all tion on the table. yield. charges for Internet access as defined in sec- The motion to lay on the table was Mr. WYDEN. I am glad to work with tion 1105(5). agreed to. the Senator. I wish to consult with the ‘‘(2) CHARGES FOR TELECOMMUNICATIONS Mr. FRIST. Mr. President, I con- chairman and also Senator ALLEN, but SERVICES.—The term ‘charges for tele- gratulate the two managers and all the it has always been our intent—and as communications services’ means all charges for telecommunications services, except to many Senators on both sides of the the prime Senate sponsor of the law the extent such services are purchased, used, aisle who helped bring this bill to con- back in 1998 it was always my intent— or sold by a provider of Internet access to clusion. It has been a tough road, a dif- that franchise fees not be affected by provide Internet access.’’. ficult road. There has been tremendous the Internet tax moratorium.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4671 As the Senator has correctly noted, I PLAYING POLITICS WITH IRAQ In Iraq, Saddam Hussein violated sev- say to the distinguished Senator from Mr. STEVENS. Mr. President, as enteen—seventeen—U.N. Security Texas, Texas has changed the name of President pro tempore and presiding Council resolutions, beginning imme- its franchise fee to an access line fee. It over the Senate, I have found the over- diately after the 1991 Gulf war cease was never our intention that franchise heated rhetoric on Iraq over the last fire agreement. fees be affected by the moratorium. few days at best disappointing and at In Vietnam, how many draftees were I am very happy to work with the worst misleading, harshly partisan, sent to that country? About two mil- Senator from Texas on it. I will have to and motivated by election year poli- lion draftees, all young men. In Iraq, how many draftees are there? consult with the Senator from Vir- tics. I have simply had enough of this. Zero, none. We have an all-volunteer ginia, but he has always been very gra- I have come to the floor to ask my Sen- force. They know the risks, they know cious working with our colleagues. The ate colleagues to restore the level of two of us will be consulting with the their duty, and they volunteer to step debate that this institution demands. I forward and serve our country. chairman of the committee. I want to urge the Senate to not play politics I have yet to meet one at the hos- make it clear I am very anxious to ac- with Iraq. pitals here who hasn’t asked me the commodate the distinguished Senator Do not seek to gain some slim, fleet- question: How can I go back to my from Texas. ing advantage at the ballot box by unit? How can I go back to Iraq? They Mr. ALLEN. Will the Senator from making our country appear divided, ask that despite the many serious Texas yield? and by making reckless accusations. wounds they have. Mrs. HUTCHISON. I am happy to Our troops in Iraq deserve better In Vietnam, against how many Viet- yield to the Senator from Virginia. than this. They deserve much better. If namese, Cambodians, and Laotians did there is debate, let it be reasoned and Mr. ALLEN. Mr. President, I state Ho Chi Minh use chemical and biologi- measured, and focused on the way for- for the record that I concur with the cal weapons? Were there chemical and ward in this war on terrorism. Senator from Oregon, Mr. WYDEN, and biological weapons used by North Viet- When our forces are deployed and in the Senator from Texas, Mrs. nam? No, none. the field, they deserve nothing less HUTCHISON, that my intent as the au- In Iraq, against how many Iraqis, Ira- than our absolute, unwavering commit- thor of the underlying bill, S. 150, is to nians, and Kurds did Saddam Hussein ment to their success. Nothing less. use chemical and biological weapons? prevent taxation of Internet access. I take strong issue with three par- Any modifications to the definition of Thousands and thousands of people— ticular themes: First, the analogy that the Kurds, the Iraqis, and Iranians— Internet access taxes are not intended Iraq is somehow like Vietnam. This to include payments for franchising were the subject of chemical and bio- analogy is wrong, and simply inflam- logical weapons used by Saddam Hus- fees as described in section 1104(8)(B), matory; second, that the President was including Texas’ access line fees. I be- sein. wrong when he made his speech on the I have an article here from last Sun- lieve it is accurate to say the exemp- USS Abraham Lincoln a year ago on day’s Providence Journal-Bulletin, and tion for any franchise fee or similar fee May 1; and third, that somehow our ac- the headline of that article is this: in the definition of tax in section tion to remove the brutal regime of ‘‘Historians, Soldiers Hesitant to Call 1104(8)(B) of title 47 of the United Saddam Hussein was in any regard Iraq another Vietnam: the purposes, States Code includes the tax line fees ‘‘unprovoked.’’ That is simply and strategy, terrain and players in the as established in Texas in 1999. plainly not true. Vietnam war were far different than I thank the Senator from Texas for Iraq is not Vietnam. It is wildly irre- those in Iraq, many experts say.’’ her strong advocacy for the people of sponsible—even reckless—to compare Far different than those in Iraq, in- Texas, making sure that this is the situation in Iraq to the war in deed. brought up. I can assure the Senator Vietnam. Those who make that false That is a true statement by the Prov- from Texas that the Senator from Or- claim are engaging in dangerous rhet- idence Journal-Bulletin. In this article, egon and I, as this goes into con- oric, and are ill informed about history Anthony Cordesman, a military expert ference, will work to make sure that and facts of the two conflicts. and former diplomat, says ‘‘I really express intent is effectuated when this Comparing Iraq to Vietnam does not worry about the analogy between Viet- measure comes back and is signed into advance the debate, it simply inflames nam and Iraq, where we’re not really law. the issue, obscures the facts and, unfor- fighting a foreign enemy.’’ Mr. MCCAIN. I want to join my col- tunately, misleads the American peo- Mr. Cordesman, who is now at the leagues Senators ALLEN, WYDEN and ple. Center for Strategic and International HUTCHISON to include Texas access line My colleague, the senior Senator Studies, goes on to say: fees collected by cities and local gov- from Massachusetts, started this Iraq There is as yet no massive insurgency ernments in the exception to the defi- is Vietnam spin in a speech a few [confronting coalition forces]. We’re not nition of ‘‘tax’’ in 47 U.S.C. section weeks ago. Of all people, he knows bet- dealing with massive external powers supporting the insurgents. We do not have a sit- 1104(8). ter than to make that bogus compari- uation where we have lost a majority of the Mrs. HUTCHISON. Mr. President, I son. population as we did in Vietnam when we thank the Senators from Virginia and I encourage my colleagues to turn lost the Buddhists. We are not attempting to Oregon, and say that I also have the as- down the rhetoric on Vietnam, and get get around the reality of a need to create a surance from Senator MCCAIN and Sen- the facts right. Here are some of those legitimate government, which we did after the fall of the South Vietnam’s Diem regime. ator DORGAN that in the conference facts: this issue will be addressed. It is a In Vietnam, President Kennedy sent I hope that cooler heads and cooler Texas-only issue, as I understand. It is ‘‘advisers’’ to Vietnam in 1961, but they rhetoric will prevail here in the Sen- a franchise fee but it is called an access were not authorized to use force until ate. My colleague from Delaware, the line fee after Texas law was changed in 1964, 3 years later. Then, in 1971, Con- ranking member of the Senate Foreign 1999, which is why the moratorium puts gress repealed that authority. Relations committee, has found the it in question. In Iraq, this very Congress approved Vietnam analogy, ‘‘misleading’’ be- a resolution that authorized the use of cause, as he says, ‘‘The vast majority I would like to assure that we get force in October, 2002, well in advance of Iraqis share our vision for a this definition in conference. I know of any forces being deployed. That res- participatory, representative democ- now, from talking to the four man- olution still stands today. racy.’’ agers, that it was not the intention to In Vietnam, eight nations joined President Bush is absolutely right take our access fee as a part of the with the United States. when he says that the Vietnam-Iraq major bill, but in fact treat it as a In Iraq, over 30 nations are in our co- analogy is false. And he is right that franchise fee, which is what it is. alition, including 16 of 26 NATO allies. brandishing that false analogy as a I yield the floor. In Vietnam, Ho Chi Minh violated rhetorical weapon, ‘‘sends the wrong The PRESIDING OFFICER. The Sen- zero U.N. Security Council resolu- message to our troops and sends the ator from Alaska. tions—none. wrong message to the enemy.’’

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4672 CONGRESSIONAL RECORD — SENATE April 29, 2004 With regard to President Bush’s ship, and become a breeding ground for the CAP, the constant air patrol—at speech on the USS Abraham Lincoln, radical Islamic terrorists. the request of the U.N. in compliance some have chosen to make a great These terrorists have joined with with the U.N. resolution. They told us issue about it. They have endlessly former regime elements, and have cho- how they were fired at again and again taunted the Commander in Chief for sen to make Iraq a full-blown battle- and again. Saddam Hussein was firing words on a banner, and have twisted field in the war on terrorism. at U.S. planes daily. Provocation? I his words to suit their purposes. This is not a war against Saddam can’t think of another provocation. As What the President said is this: Hussein. This is a war on terrorism. a matter of fact, we should have gone Major combat operations in Iraq have What these terrorists and their sympa- to war when President Clinton said he ended. In the battle of Iraq, the United thizers fear most is Iraq becoming a was about ready to go to war in 1998. States and our allies have prevailed. And stable, functioning democracy that For more than a decade, Saddam’s now our coalition is engaged in securing and benefits the Iraqi people, joins the Iraq steadfastly ignored the will of the reconstructing that country. world community, and serves as a United Nations and the civilized world The President was dead-on right. He source of democratic influence on the and ignored no fewer than 17 U.N. reso- spoke clearly and plainly, yet some people of the region. lutions. refuse to listen to what he said. They have no regard for the will of I could continue with the list, but He went on to say that ‘‘major com- the Iraqi people, for their safety, for the point is the same: To say that Sad- bat operations in Iraq have ended.’’ their security or for their future. They dam Hussein is not responsible for his The President was and is absolutely are simply using Iraqi soil, and taking fate and Iraq’s current status and did correct today in making that state- innocent Iraqi lives, in their ruthless nothing to provoke that change is ludi- ment. Jihad, in their desire to spread chaos crous. It is plainly untrue. Saddam’s regime of oppression and and foment hate across the Islamic Let me conclude by saying this: The torture was gone. The Hussein Baath world, and in their hatred of freedom, tone of the debate on Iraq must Party regime was disbanded, and no moderation and democracy. change. With our troops under daily at- longer in power. Baghdad had fallen, I urge those who are twisting the tack, we cannot make Iraq a political and was under the control of the coali- President’s words of now almost a year football in an election year or any tion of which we were the leader. ago to listen carefully to what he said, year. Active, organized military resistance to end the personal attack, to stop the Representative JIM MARSHALL, a had collapsed. Saddam’s military spin. Stop parsing words and stop freshman Democrat from Georgia, forces were not resisting; their will to mocking plastic banners. We can and wrote a compelling column in the fight had been destroyed; they had no we must do better than that in the Washington Post last October. The ability to command and control the Senate. title of his column was ‘‘Don’t Play few forces they had left. And unprovoked? I heard the word Politics on Iraq.’’ A decorated Army The mission was to remove a threat- ‘‘unprovoked.’’ My third point is, I say Ranger who served in Vietnam, Con- ening, brutal dictator from power, to to those who claim the war to liberate gressman MARSHALL was right then bring to an end the ruthless oppression Iraq was somehow ‘‘unprovoked,’’ that and he is right today. His observations of the Iraqi people—and that mission is wrong. It is absolutely wrong. Could were wise then and even wiser today: was accomplished. that statement be more preposterous? Don’t play politics on Iraq. President Bush made it abundantly Could anything be more disconnected Let me quote from that article Con- clear that he recognized the challenges from the truth in Iraq? Can anyone say gressman MARSHALL wrote: that would face America and confront with a straight face Saddam Hussein Many in Washington view the contest for our troops. He said, ‘‘And now our coa- did nothing to provoke the inter- the presidency and the control of Congress as lition is engaged in securing and recon- national community? a zero-sum game without external costs or structing that country.’’ Here is a sampling of some of the benefits. Politicians and activists in each He said: ways that Saddam Hussein provoked party reflexively celebrate, spread and em- bellish the news bad for the opposition. But We have difficult work to do in Iraq. We’re this conflict, how he provoked the bringing order to parts of that country that to do that now with regard to Iraq harms our United States, and how he provoked troops and our effort. Concerning Iraq, this remain dangerous. The transition from dic- the world. In 1980, Iraq invaded Iran tatorship to democracy will take time, but it normal political tripe can impose a heavy is worth the effort. Our coalition will stay and used chemical weapons against the external cost. until our work is done. Iranian people. In 1988, Saddam’s forces I continue with the article written by killed 5,000 innocent civilians in a That could not be clearer or more Congressman MARSHALL: chemical weapons attack against the truthful. There are those in this body For now, responsible Democrats should Kurdish villages of Halabja. In 1990, who should listen to these words and carefully avoid using the language of failure. Saddam’s forces invaded another neigh- It is false. It endangers our troops and our hear them accurately. effort. It can be unforgivably self-fulfilling. Let me state that again. He said: bor, this time Kuwait. We all know in the Gulf War thousands of innocent That Congressman gets it. He really We have difficult work to do in Iraq. We’re bringing order to parts of that country that Kuwaiti civilians were raped, tortured, gets it. You do not play politics on remain dangerous. The transition from dic- and murdered during the occupation. Iraq. You do not play politics with na- tatorship to democracy will take time, but it In 1991, Iraq was poised to march on tional security. You do not play poli- is worth the effort. Our coalition will stay other nations but was stopped by a tics with the defense of this country. until our work is done. U.S.-led coalition of forces. We call You do not play politics with troops The clear and compelling meaning of that the Gulf War. Iraq has launched deployed. You do not let seeking par- the President’s words on May 1, 2003 ballistic missiles at four of its neigh- tisan advantage drive a wedge between was that Saddam Hussein had been re- bors. Remember that, ‘‘unprovoked’’? Americans when troops are in harm’s moved from power, Iraq’s military de- It launched ballistic missiles at four of way. feated, and the work of stabilizing and its neighbors: Iraq, Saudi Arabia, Bah- I urge our colleagues to end this divi- reconstructing Iraq had begun—and rain, and Israel. I might say, I was in sive practice of using the floor of this that such work would be both difficult Israel when one of those was launched. Senate and this issue on Iraq to bash and costly. Saddam’s Iraq was, at a minimum, the administration to try to score po- The President was right when he engaged in clandestine research and de- litical points. We can do better than spoke on the carrier a year ago, and he velopment activities to develop, refine, that. For those who persist on this is still right today. and employ chemical and biological practice, reflect on Congressman MAR- What has happened in recent weeks weapons. From 1991 to 2003, Saddam’s SHALL’s words: It endangers our troops and months is an emerging insurgency, Iraq fired more than 1,000 missiles at and our effort. It is simply wrong, elec- and the appearance of foreign fighters our aircraft as they patroled Iraq’s tion year or not. Those who irrespon- in Iraq who will do anything—any- U.N.-sanctioned no-fly zones. We went sibly endanger or use Iraq for partisan thing—to see the coalition fail, and see over to Kuwait. We met the pilots who advantage should be warmed: You must Iraq revert back to a brutal dictator- were flying day after day—what we call understand and take responsibility for

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4673 the message you send to the enemies of For Native Americans and other mi- The racial and ethnic disparities in freedom, democracy, and liberty nority communities across the coun- our health care system are not merely through the world. try, the miracles of modern medicine— minority issues or health care issues. This country should be united when and sometimes even the most basic pri- They are moral issues. A health care we have troops abroad. We should be mary care—are beyond their reach. system that provides lesser treatment united when we have people trying to The disparities within our health for minorities offends every American assist Iraqis to find freedom and defeat care system have reached a crisis principle of justice and equality. the terrorists who persist to bring the point, and the consequences for Amer- The Republican Leadership has prom- war on terrorism to Iraq after we won ica’s minority communities are stag- ised to address these issues. the war against Saddam Hussein. I gering. After seeing no action for almost a urge my colleagues to follow Congress- Overall, African Americans are more year, House and Senate Democrats, led man MARSHALL’s injunction: Do not likely to develop cancer than persons by the House Minority Caucuses, intro- play politics anymore on Iraq. of any other racial or ethnic group. duced the Healthcare Equality and Ac- I yield the floor and suggest the ab- Cervical cancer incidence in Hispanic countability Act of 2003. sence of a quorum. women has been consistently higher at The PRESIDING OFFICER. The all ages than for other women. This legislation would reduce health clerk will call the roll. Only 52 percent of American Indian/ disparities and improve the quality of The assistant legislative clerk pro- Alaska Native women aged 40 years care for racial and ethnic minorities. and older have had a recent mammo- ceeded to call the roll. There are several elements of this bill gram. that would specifically address minor- f American Indians and Alaska Natives ity cancer rate reduction. I would like RECESS SUBJECT TO THE CALL OF have the poorest survival rate from all to highlight four particularly impor- THE CHAIR cancers combined when compared to tant issues. The PRESIDING OFFICER. Without other racial and ethnic groups. I am grateful that National Minority First, this bill will provide adequate objection, the quorum call is rescinded Cancer Awareness Week causes us to funding for the Indian Health Service— and the Senate stands in recess subject reflect on these facts. America faces so that we can finally stop the shame- to the call of the Chair. few more important or complex chal- ful underfunding of Indian health Thereupon, the Senate, at 7:04 p.m., lenges than building a world-class needs. recessed subject to the call of the Chair health care system for everyone, re- Second, it will provide funds to in- and reassembled at 7:06 p.m. when gardless of race, income, or geography. crease cancer prevention and treat- called to order by the Presiding Officer There are no quick fixes. The factors ment programs. This includes the de- (Mr. TALENT). that have led to these inequities in our velopment of screening guidelines for The PRESIDING OFFICER. In my health system are complex and inter- minority populations for chronic dis- capacity as a Senator from the State of related. eases, including prostate, breast, and Missouri, I suggest the absence of a Minorities are far less likely to have colon cancer. quorum. health insurance or a family doctor, Third, this bill will provide funding The clerk will call the roll. making regular preventive visits less The assistant legislative clerk pro- through the Health Research and Serv- likely. And many of those who do have ices Administration, the Indian Health ceeded to call the roll. insurance report having little or no Mr. FRIST. Mr. President, I ask Service, and the National Cancer Insti- choice in where they seek care. tute for patient navigators. Patient unanimous consent that the order for Minority communities are more fre- the quorum call be rescinded. navigators work in underserved com- quently exposed to environmental munities to bring individuals into the The PRESIDING OFFICER. Without risks, such as polluted industrial areas, objection, it is so ordered. health care system sooner, so they can cheap older housing with lead paint, or learn about preventing and detecting f asbestos-laden water pipes. diseases—especially cancer—before For Hispanics, Native Americans, NATIONAL MINORITY CANCER they become ill. Patient navigators and others who do not speak English as AWARENESS WEEK also help individuals overcome lan- a first language, the lack of translators guage and cultural barriers to setting Mr. DASCHLE. Mr. President, last and bilingual doctors makes it more up appointments and understanding week was National Minority Cancer difficult to communicate with doctors their doctors’ instructions. Patient Awareness Week, an annual event for and nurses. the past 18 years. Though we have been The Native American community has navigators can also be important re- monitoring disparities in cancer for been forced to cope with a system suf- sources to individuals living in rural nearly two decades, the gap in some fering from decades of neglect and areas, since they often have to travel cancer mortalities has widened rather underfunding of the Indian Health outside their communities to receive than narrowed. Service. The IHS has consistently certain health services. The American One of the most important reasons grown at a far slower rate than the rest Cancer Society notes that ‘‘Patient for this disparity is poor access to of the HHS budget, and at only a frac- navigator programs offer a low-cost, health care. People who do not get tion of health care inflation. tangible fix in a part of our health care mammograms, colon exams, and Pap America is obligated, by statute and system that is broken, giving hope to tests on schedule are more likely to be by treaty, to provide health care for millions of medically underserved indi- diagnosed with cancer at a later stage American Indians—a commitment the viduals, saving lives and reducing of the disease, when survival rates are U.S. Government made to the Indian health care costs.’’ lower. And why don’t they get these people in exchange for their lands. The last item I would like to high- necessary tests on time? Members of America is not honoring that commit- light in this bill is the focus on im- racial and ethnic minority groups are ment. The White House’s budget this proved health literacy, the degree to more likely to be poor, have lower edu- year included only $2.1 billion for IHS which individuals can obtain, process, cation levels, and less likely to have clinical services. That is more than 60 and understand basic health informa- health coverage or a source of primary percent below the bare minimum need- tion. The bill will provide funds to sup- care. ed to provide basic health care for peo- port programs that remove language Recently, I told the story of a young ple already in the IHS system. and cultural barriers. Just two weeks Indian girl who was misdiagnosed with The problems run still deeper. Even ago, the Institute of Medicine released heartburn at an under-funded Indian when minorities and white Americans its report on health literacy and rec- Health Service clinic. It turned out have roughly the same insurance cov- ommended that ‘‘Government and pri- that she really had stomach cancer erage, the same income, the same age vate funders should support the devel- that had already spread and was, there- and the same health conditions, mi- opment and use of culturally appro- fore, untreatable. I will remind you norities receive less aggressive and less priate new measures of health lit- that this is not some rare exception. effective care than whites. eracy.’’

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4674 CONGRESSIONAL RECORD — SENATE April 29, 2004 On that same day, the Agency for fore our own and to work and plan so The President’s budget proposal Healthcare Research and Quality re- that they may have a better future. would flat-fund child care assistance at leased findings that showed that indi- The Bush administration’s fiscal year a time when only 1 out of 7 eligible viduals with low literacy—lower-than- 2005 budget proposal breaks that cov- children currently receives a child care average reading skills—are less likely enant by giving tax cuts for the subsidy; when States are making sig- than other Americans to get poten- wealthy higher priority than invest- nificant cuts to child care services due tially life-savings screening tests such ments in our children. His administra- to State budget crises that are exacer- as mammograms and Pap smears. tion has created record deficits that bated by recent tax cuts; and when In addition, Secretary Thompson re- mortgage our children’s future. more than 550,000 children across the marked that, ‘‘We must ensure that all The choices contained in the Presi- country are on waiting lists for child Americans get the prevention and dent’s budget fail to address the basic care assistance. The Senate recently health information that they can un- needs of children in key areas such as voted 78 to 20 to increase the Federal derstand and use to keep themselves health care, education, Head Start, investment in child care so that low-in- and their families healthy.’’ He pointed child care, housing, child nutrition, come working families can succeed in out, ‘‘Health literacy can save lives, and the prevention of, and treatment the workplace and make sure their money, and improve the health of mil- for, child abuse and neglect. children have safe, high-quality, appro- lions of Americans.’’ The number of Americans without priate care. The Healthcare Equality and Ac- health insurance increased by 2.4 mil- The President’s budget proposal cuts countability Act would move us closer lion between 2001 and 2002, the largest section 8 housing assistance by $789 to the goal of ensuring equal access to jump in a decade, to a total of almost million, intensifying the unmet need quality health care. 44 million. Among those 44 million are for affordable housing. Of the 2 million Last year, the majority leader said, more than 9 million children under age households that receive section 8 rent- ‘‘Inequity is a cancer than can no 19, almost 90 percent of whom live in al vouchers, 52 percent are families longer be allowed to fester in health working families. However, the admin- with children, making section 8 the care.’’ istration’s budget proposal does noth- main source of housing assistance for I agree. We know what happens when ing to significantly expand health in- low-income children. cancer is allowed to spread. surance coverage. The President’s budget proposal pro- Latinos are the most likely of all Too many Americans in minority vides no significant increase in funding groups to lack health insurance. One- communities have lost their lives be- for child nutrition programs, while 22 third of Latinos, 33.2 percent, lack cause they are not getting the care million children live in households suf- health insurance, and nearly one-quar- they need. We cannot afford to wait fering from hunger or living on the ter, 24.1 percent, of Latino children are any longer to confront the minority very edge of hunger. uninsured. Since a significant reason health gap in our country. More than 900,000 children were for the low level of insurance coverage Americans are asking for our leader- abused and neglected in 2001, yet the among Hispanic children is the result ship on a challenge that is quickly be- investments proposed for preventing of current law that bars them from coming a national emergency. We have child abuse and neglect and assisting participating in Medicaid and State an obligation to answer their call. children and families in crisis, totaling Children’s Health Insurance Program, $151 million, fall far short of the need. f SCHIP, removing these barriers to As we look to the future, we must do ´ ˜ health care is key to ensuring that EL DIA DE LOS NINOS: more than simply hope that our coun- Latino children have access to health CELEBRATING YOUNG AMERICANS try will be in good hands. We must care services. Yet, the administration’s Mr. DASCHLE. Mr. President, every take steps to ensure that each child budget does not recommend taking this year on the 30th day of April, nations growing up in America has access to important step, leaving millions of throughout the world, especially in world-class health care and a quality children without coverage. Latin America, honor and celebrate the ´ Just when schools are struggling to education. El Dıa de los Nin˜ os allows importance of children to families and meet the new requirements of the No us to celebrate the hopes and dreams of communities. Many Latino families Child Left Behind Act, NCLB, Presi- our children while reflecting on their honor their children on this day by dent Bush has proposed the smallest many accomplishments and assisting ´ ˜ celebrating El Dıa de los Ninos in their increase in Federal education funding them in reaching their future goals. homes. Today, nearly 45 million chil- in 9 years. Since 2002, the NCLB pro- As a proud father and grandfather, I ´ dren under the age of 18 reside in the gram has been shortchanged by $26.5 happily celebrate El Dıa de los Nin˜ os. United States, and one in four of these billion. This year alone, President However, my commitment to young children are of Hispanic descent. The Bush has proposed a budget that would Americans and the Latino Community ´ ˜ El Dıa de los Ninos holiday provides a underfund the NCLB program by $9.4 will not end today. I am committed to wonderful opportunity for all Ameri- billion. championing legislation that will help cans to pay tribute to those who rep- The administration’s budget short- families realize the vision of El Dıá de resent the future of our great coun- changes education programs that are los Nin˜ os increased access to health try—our Nation’s youth. A growing particularly important for Latino stu- care; higher investments in Head Start, number of cities, schools, libraries, dents. Dropout assistance, bilingual education, and child care; access to de- museums, churches, and other commu- education funding, Migrant Education, cent housing; stronger child nutrition nity organizations across the nation HEP and CAMP and the parent assist- programs; and more child abuse pre- observe this holiday by planning ac- ance program—all of which help mi- vention and treatment programs. By tivities and events that celebrate chil- grant students—are all significantly working to meet our children’s needs dren. underfunded. today, we are building a better future While El Dıá de los Nin˜ os recognizes The President’s budget proposal for all Americans. the importance of children, the holiday would virtually freeze Head Start fund- Mrs. CLINTON. Mr. President, I also provides an occasion to shed light ing even though the program currently speak in celebration of El Dıá de los on the unique challenges currently fac- reaches only 3 out of 5 eligible pre- Nin˜ os, a traditional Latin American ing Latino children in America. Every schoolers, and only 3 percent of infants holiday celebrating the future of chil- day nationwide, 751 Latino children are and toddlers eligible for Early Head dren. This holiday honors Latino chil- born into poverty; 518 are born without Start. dren and other children throughout the health care; and 561 Latino high school At a time when the Migrant and Sea- United States. In my home State of students drop out of school. sonal Head Start Services Programs New York a number of important cele- As every parent knows, our children serve only 19 percent of eligible mi- brations are taking place in honor of are a gift we have been given in ex- grant and seasonal children, the Presi- this important day. change for a commitment to put their dent’s budget provides $269.4 million— Today, there are nearly 45 million well-being above all else. It is our cov- far short of what is needed to meet de- children under 18 living in the United enant to meet our children’s needs be- mand. States and one in four of these children

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4675 are of Hispanic descent. Of the 3.5 mil- ations and now owns six tracks in five Meeker, who commanded Marines in Viet- lion children under 18 living in New States, as well as its own simulcast nam, has been described as a hard-working, York, nearly 1 million are Latino. network. And the company continues aggressive, loyal and forceful leader. ´ ˜ Meeker volunteers another word. While El Dıa de los Ninos recognizes to give back to the Louisville commu- ‘‘ ‘Arrogant’ has come up any number of the importance of all children, the hol- nity through philanthropic donations. times,’’ he said. ‘‘I think that’s a function of iday also provides an occasion to shed Tom has been described as a hard being action-oriented. I mean, if there’s one light on the unique challenges cur- working, aggressive, loyal and forceful thing you can’t criticize about our team is rently facing Latino children in Amer- leader. He has had some tangles over we do things.’’ ica. Every day nationwide, 751 Latino the years with the Kentucky General But Meeker said he would not have been able to guide the company’s expansion if he children are born into poverty and 561 Assembly regarding expanded gambling Latino high school students drop out of didn’t get help for his drinking after the 1989 and other business issues. But these en- Kentucky Derby. school. In New York, 35.9 percent of counters pale in comparison to the per- ‘‘The taint that I painted on the com- Latino children live in poverty and sonal battle he fought with alcohol. pany—you know, ‘Here is some drunk run- nearly 20 percent of Hispanic youth Fifteen years ago he sought help, and ning the company. What can he do?’—at that drop out of high school each year. returned a month later a changed man. point, I kind of figured it would be short- We must do better for our children, Churchill Downs is lucky to have lived before I moved on,’’ Meeker said. especially our Latino children. The Change, for Meeker, often meant breaking Tom Meeker. Under his direction, it with tradition. President’s budget fails to provide ade- has matured and thrived to become the During his first year as president, Meeker quate investments in education that place we all come home to, particu- rankled some when he raised Derby ticket could significantly improve the future larly the first Saturday in May. prices to fund on-track improvements. of our most vulnerable children. Presi- Mr. President, I ask unanimous con- He called the track’s neighborhood dent Bush’s fiscal year 2005 budget ‘‘blighted’’ and promoted Sunday races to sent that the article, ‘‘Churchill’s Hard the dismay of area ministers. eliminates the dropout prevention pro- Charger; Tom Meeker rebuilt the gram and even calls them unnecessary And critics note that the same man who track—and his life’’ from The Courier- now embraces simulcasting was initially op- despite the fact that over 27 percent of Journal, be printed in the CONGRES- posed to it—a fact Meeker readily admits. Latinos across the country currently SIONAL RECORD. ‘‘Change is such a tough taskmaster. It don’t graduate from high school. His There being no objection, the mate- truly is,’’ Meeker said. ‘‘You have to have the sense of purpose, conviction and risk- budget freezes funding for bilingual rial was ordered to be printed in the education and migrant education pro- taking to be able to weather some of those RECORD, as follows: grams; cuts funding for Head Start, storms and believing what you are doing is [From the Louisville Courier-Journal, April the right thing.’’ after school programs, and college loan 24, 2004] Most recently, the track’s multimillion- programs; and eliminates Even Start. CHURCHILL’S HARD CHARGER; TOM MEEKER dollar renovation has given Churchill a This budget is devastating to programs REBUILT THE TRACK—AND HIS LIFE much-needed face-lift—but it also adds mam- designed to help Latinos gain an even moth stacks of luxury suites that come close (By Marcus Green) footing in education. to overshadowing the famed Twin Spires and That is why I joined my colleagues in Tom Meeker was a 41-year-old lawyer with has left some longtime Derby ticket holders the Senate in sending a letter to the little racetrack experience when he took the without a view of the race. top job at Churchill Downs in 1984. Appropriations Committee urging the The changes have upset some traditional- The 109-year-old track ‘‘was about ready to ists. committee to target funding to meet fall down,’’ said Meeker, who didn’t think Meeker argues that replacing the patch- the needs of our Hispanic children. To he’d last too long either. work of clubhouse and grandstand additions strengthen our Nation, we must take But in two decades Meeker has built that had been bolted on to previous expan- steps to ensure that all children grow- Churchill Downs Inc. into one of the three sions will enhance the track’s architectural ing up in America have access to a big players in the sport, along the way elic- integrity. quality education. Throughout the re- iting both great praise and sharp criticism. ‘‘If we don’t move,’’ Meeker said, ‘‘we’re mainder of the 108th Congress, I will Some who know Meeker describe him as a going to get lost in the wash.’’ visionary, a bold and aggressive executive Under his leadership, Churchill also ex- continue to champion legislative ef- whose legacy at Churchill might rival that of panded its portfolio by buying other tracks forts to aid all young Americans and the legendary Derby promoter Col. Matt and later formed a separate simulcast net- the Latino community so that we can Winn. work. help these children pursue their hopes ‘‘If you look at Churchill Downs then and ‘‘He’s taken Churchill Downs from just a and dreams. Today, as we celebrate El you look at Churchill Downs today, the only facility that was used two days a year: the Dı´a de los Nin˜ os I encourage all Ameri- similarity is the name, the Twin Spires and Oaks and Derby,’’ said trainer John T. Ward Jr., a former Kentucky racing commission cans to stop for a moment and pay the fact that the Kentucky Derby is there,’’ said Gerald Lawrence, the track’s former member. ‘‘. . . He’s continued to promote tribute to the future of our great coun- quality racing in everything he’s done, and try—our Nation’s youth. general manager and executive vice president. he understands there’s a definite relation- f ‘‘The place has just been completely ship between the racing and the horsemen— even though he’s made a few horsemen TRIBUTE TO TOM MEEKER changed. It’s a foresight and a vision that (Meeker) had.’’ mad.’’ Ed Flint, who negotiated with Meeker Mr. MCCONNELL. Mr. President, I Today Churchill owns six tracks in five when he was president of the Kentucky rise today to pay tribute to a fellow states and beams its races live to bettors at Horsemen’s Benevolent and Protective Asso- Kentuckian and UofL alumnus, Tom tracks, off-track betting parlors and homes ciation, would partially agree. Meeker. Tom is the President of across the country. ‘‘He did some great things for Churchill Churchill Downs, home of the Ken- Despite having one year left in a $121 mil- Downs. He’s made a lot of changes out there tucky Derby. This Saturday, horse lion renovation of the flagship track in Lou- that have been good for the industry,’’ Flint lovers from around the world will isville, Churchill still has the resources to said. ‘‘But at the same time, I think his ne- offer $45 million to buy the Fair Grounds in watch with anticipation as Tom pre- gotiating tactics and his style have hurt the New Orleans, one of the last independently industry some.’’ sides over the 130th Run for the Roses. owned, top-tier thoroughbred tracks in the In September of 1984, Tom was named Added Flint: ‘‘He had the mentality of a country. go-get- ‘em, hard-nosed type of person, and President of Churchill Downs. Two dec- In addition, Churchill Downs has emerged he let that run over into trying to negotiate ades later he oversees one of as a leading corporate citizen with Meeker at a lot of things that pertain to a lot of people. horseracings largest operations. His the helm, contributing more than $7.7 mil- You know, racing touches a lot of people— success didn’t come easily or without lion to charity over the last five years, in- owners, trainers, grooms, backside workers.’’ personal struggles. When Tom assumed cluding $2 million to the local community. Louisville businessman J. David Grissom, the reins at Churchill Downs, the 109- ‘‘Tom is a great leader,’’ said Churchill a Churchill Downs director since 1979, said year-old racetrack was in need of a Downs Inc. board Chairman Carl Pollard. Meeker used to be impatient with average or ‘‘And I think we have to give him credit— facelift. Today, the track is entering mediocre performance but has become more most of the credit, if not all of the credit— patient through the years. Still, Grissom the final stage of a $121 million renova- for recognizing that the industry was chang- said: ‘‘He does not suffer fools gladly.’’ tion. ing and that in order to take advantage of Not overlooked as a priority when Meeker Under Tom’s leadership, Churchill the change in the industry we had to be more took over 20 years ago was refocusing Downs Inc. has also expanded its oper- than one racetrack.’’ Churchill as a community player.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4676 CONGRESSIONAL RECORD — SENATE April 29, 2004 ‘‘We were not contributing,’’ Meeker said. But in the span of two months, Meeker’s On occasion, Meeker would have a few ‘‘We did a modest amount of token contribu- performance was enough to sway the track’s drinks during Derby Week before heading tions to this charity or that charity, but we board. He was named to the post perma- out to speak to groups. He believed, he said, were not involved in our community at all.’’ nently on Sept. 28, 1984. that he was being eloquent. In 2003, Churchill Downs Inc. donated There were some personally embarrassing The reality was vastly different. $424,460 to Louisville philanthropy, bringing moments along the way. In a highly pub- ‘‘I was at the cusp of really just falling the total contributions to $1.5 million over licized incident in 1986, Meeker ejected Ken- right off the edge,’’ he said. the last 3 years. The company recently con- tucky state Sen. Greg Higdon from Church- It was May 7, 1989, the day after Sunday Si- tributed $125,000 to a new Junior Achieve- ill’s suite during a University of Louisville lence won the Kentucky Derby. Meeker de- ment center in the Russell neighborhood basketball game. cided he needed help to conquer his alcohol that is expected to teach financial skills and Meeker thought Higdon was crashing the abuse. business basics to 24,000 elementary and mid- party. Higdon hadn’t identified himself and He called Jones, who in turn called his dle school students each year. neither man knew the other, Meeker later friend Wheelock Whitney, a philanthropist But its generosity didn’t help Churchill apologized. and former co-owner of the National Foot- win friends when it began its support in 1993 A new turf course inside the dirt oval, new ball League’s Minnesota Vikings. for expanded gambling as a way to generate paddock and Turf Club helped boost Church- Through Whitney, a thoroughbred owner more revenue and boost purses for horsemen. ill’s image. So did a new paint job. and breeder whose wife sought treatment for Bills to expand gambling at racetracks The turf course helped Churchill land the a drinking problem, Jones arranged a place failed to advance in the General Assembly in first of its record five Breeders’ Cups in 1988. for Meeker at the Hazelden alcohol and drug 2002, 2003 and again in this year’s session. The top four Breeders’ Cup crowds—all rehabilitation center in Center City, Minn. Churchill was a lightning rod during de- greater than 70,000—have been in Louisville, ‘‘It was kind of tough in those days (to get bate on Kentucky House Speaker Pro Tem including a then-record attendance of 71,237 in),’’ Meeker said. ‘‘Everybody was drunk. Larry Clark’s casino bill, which stalled in in 1988. They needed treatment.’’ the General Assembly this year. Clark’s In just four years, Churchill had made a When Meeker arrived at the Louisville air- measure would have put the issue before vot- quick turnaround. By spring of 1989, Church- port Tuesday morning to fly to Minnesota, ers as an amendment to the State constitu- ill had posted nine straight meets with in- Jones was waiting to accompany him. Jones, tion. creased betting handle and attendance. Meeker recalled, wanted to ensure that Clark, D-Okolona, wanted Churchill to lo- Meeker, however, was starting to get Meeker made it to rehab. cate its casino in downtown Louisville. bored. Four years into the job at Churchill Whitney met the two men in Minnesota Meeker said a better location would be the Downs, Meeker simply didn’t see running a and drove them to Hazelden. Whitney and refurbished track or property the company racetrack in his future. Jones carried on a lively conversation in the owns at Fourth and Central Avenues. ‘‘I just didn’t think I could be happy out front seat of the car. Meeker sat in the back, Rep. Tom Burch, D-Buechel, who praised here for the long haul,’’ he said. ‘‘Then he said, scared half to death. Meeker’s role in building up Churchill things started happening.’’ Soon the three were lost. The Hazelden Downs, said Meeker’s style has agitated Intertrack wagering, or simulcasting, was sign was small, and the car passed it by. some lawmakers during the General Assem- a new system that allowed horse tracks to When they finally found the clinic, Whitney bly’s consideration of additional gambling. televise their races to other tracks and take said Jones tried to cut a deal with Hazelden’s ‘‘Tom is very confrontational, and he bets on races run elsewhere. president: shows it,’’ Burch said. ‘‘Most legislators William King, then-president and general ‘‘Tom Meeker means a lot to me, and we don’t want to have him around.’’ manager of the Louisville Downs harness want to see him get well. And I’ll tell you Burch said legislators are dealing with po- track on Poplar Level Road, introduced what. If he gets well here, I’m going to give tential repercussions in their areas of the simulcasting in Louisville with broadcasts of you a new sign out on the road, because that State, and ‘‘I don’t think (Meeker) under- races from Turfway Park in Northern Ken- one you got is not what a place like this stands that.’’ tucky in 1988. The experiment generated $8 needs.’’ But Meeker says he understands there will million wagered at Louisville Downs. Several years after Meeker left Hazelden, be friction between a business person who Meeker originally opposed simulcasting, Jones made good on his promise. wants to move fast and a legislator who arguing that it could diminish on-track at- ‘‘Warner did provide a brand new sign out wants to build consensus. tendance and weaken purses for horsemen. on the highway for Hazelden in honor of Tom ‘‘One of my weakest skills is dealing with His preference was establishing a network of Meeker’s recovery,’’ Whitney said. ‘‘It still the legislative body in Kentucky,’’ he said. off-track betting parlors across the state, stands there today.’’ ‘‘(In) every other jurisdiction we have fa- but he changed his mind after seeing Louis- Meeker returned to Churchill Downs after mous relationships. I talk to governors, ville Downs’ results. a month of treatment with ‘‘my head speakers, leaders, and we work well together. Louisville Downs and Churchill Downs screwed on right.’’ . . . For whatever reason we haven’t been wrangled over splitting simulcasting revenue By the early 1990s, Churchill Downs was able to achieve a collaborative, open dia- and broadcast dates. The bickering ended posed to grow. In 1993 the company unveiled logue with our leaders in Frankfort. Why when Churchill bought Louisville Downs for a four-part business strategy that included that is I don’t know. I’ll accept the blame for $6 million in 1992. increasing Churchill’s share of the simulcast it.’’ The purchase ended harness racing in Lou- market and acquiring additional racetracks. Uninspired by his first trip to a horse isville, but it gave Churchill much-needed The company explored the possibility of track—a visit to Churchill Downs with his barn space and a training facility. A refur- building a track in Virginia Beach, Va., but future wife Carol’s family in 1962—Meeker bished simulcasting center, which opened that state’s racing commission awarded the had not seemed destined for a career in rac- later that year at the Louisville Downs site, license to a competing group that later built ing. was the heart of the deal. Colonial Downs. Nothing excited me about it,’’ Meeker said, ‘‘It was state of the art, the big screens and ‘‘It was the first time where we actually in ‘‘I mean, I didn’t know who to bet or any of all that stuff,’’ Meeker said. ‘‘We were kind a businesslike, methodical way targeted a that stuff.’’ of the darling child of the industry. And it development project, and our skill sets were Meeker graduated summa cum laude from was cranking off tons of money. It was doing low-level,’’ Meeker said. ‘‘We had not done the University of Louisville School of Law in well, which allowed us then to internally fi- any major acquisitions. We were good opera- 1973 and practiced corporate and health-care nance some of these other capital improve- tors (but) we didn’t have a real strong fi- law as an attorney with Wyatt Tarrant & ments.’’ nance component.’’ Combs. Simulcasting set the stage for the com- Meanwhile, Churchill set its sights on Indi- He began going to the track regularly pany’s push into the 1990s. But Meeker now ana. Any pari-mutuel wagering or gambling when later serving as understudy to John believes he might not have seen the growth in Indiana posed a direct threat to Churchill Tarrant, the longtime lawyer for Churchill that followed—buying and developing other Downs and Kentucky racing. Downs, before being named general counsel tracks and expanding its simulcast busi- Churchill financed the development of a in 1981. ness—if he had not gotten help for a drinking thoroughbred and standardbred track in An- It was a tumultuous time for the track. problem that threatened to spiral out of con- derson, Ind., then became majority owner Summer racing produced small fields and trol. when the license holders defaulted. Hoosier turned off bettors. There were two separate Meeker remembers the late Churchill Park, Churchill’s first track outside Louis- attempts by others to take over Churchill. Downs board Chairman Warner L. Jones Jr. ville in the modern era, held its first harness Meeker was in the thick of the action, help- as an irascible, hard-nosed man who cursed race on Sept. 1, 1994. ing the track organize its defense. like a sailor and gave like a saint. ‘‘We had our operation up and running in ‘‘I came to understand,’’ he said, ‘‘exactly ‘‘And he was the one that got me sober— Indiana before Colonial Downs raced their what the potential of the company was.’’ truth be known.’’ first race,’’ Meeker said. ‘‘That’s how quick Meeker was named interim president fol- Fifteen years later, Meeker has put his we responded, and many of the things that lowing his friend Lynn Stone’s resignation. drinking into perspective. He is candid. He we learned in Virginia we applied in Indi- ‘‘The deal was; I’d stay out here for three or said his drinking never spilled over to the of- ana.’’ four months, get some visibility, meet peo- fice, but he acknowledged that it had to hurt Indiana has since become a battleground ple.’’ in other ways. state.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4677 The state’s gaming commission granted Created in 1987, ‘‘We the People’’ pro- Tires are clearly a core component of the first license for riverboat gambling in motes civic competence and responsi- an automobile and a key aspect to en- 1995, paving the way for fierce competition bility among our Nation’s elementary suring the safety of the occupant. for Kentucky’s gambling dollar. And Church- and secondary students. Its innovative When you stop to think about it, there ill’s monopoly on live racing ended in late 2002 when Indiana Downs in Shelbyville, Ind., curriculum enhances student under- is only a small patch of rubber on each opened the state’s second pari-mutuel track. standing of the history, principles, and tire that meets the road at any given But the maturation of Churchill Downs institutions of American constitu- moment. That small patch of rubber is Inc., came in a string of acquisitions that tional democracy. responsible for ensuring the auto- began in the late 1990s. Starting with Ellis The instructional program cul- mobile maintains control on the road- Park in 1998, the company bought Calder minates in a simulated congressional way. This function must be maintained Race Course in Miami and Hollywood Park hearing and a nationwide competitive no matter what weather conditions in Inglewood, Calif. program for high school students. At- A merger with Arlington Park near Chi- exist hot or cold, wet or dry, snowy and cago in 2000 ballooned Churchill’s portfolio tracting the participation of more than icy. Tires are an amazing and highly to six racetracks in five states, including 26 million students and 80,000 edu- technical feature of an automobile that three in major U.S. markets. cators, the ‘‘We the People’’ program is often taken for granted. ‘‘It was one of those incredible times in has expanded the civic knowledge of Just like changing your oil regularly, business where you actually invent new ways our students, cultivated a new genera- of doing things on the fly,’’ said John Long, tires must also be routinely cared for tion of leaders, and highlighted the tre- and inspected in order to maintain chief operating officer at Churchill Downs mendous potential of our Nation’s Inc., from 1999 to 2003. their safety. Unfortunately, many driv- Churchill’s strategy shifted several years youth. ers unwittingly neglect their tires. Please join me in congratulating In- ago, considering acquisitions in places where That is why National Tire Safety Week cline High School for its commitment expanded gambling is likely. provides us all with a crucial reminder to academic excellence, and its victory Documents filed this week in a Louisiana to do the simple things to ensure that bankruptcy court show the company made in the Nevada ‘‘We the People’’ com- our tires are safe. the highest offer in private talks for the Fair petition. Grounds Race Course in New Orleans. The result of unsafe tires is simply Churchill still could buy the bankrupt New f devastating. Tire blowouts and Orleans track at an upcoming bankruptcy LOCAL LAW ENFORCEMENT ACT hydroplaning cause a driver to lose auction, a move that would give it winter OF 2003 control of the vehicle, which careens racing and a facility soon to install hundreds out of control, often smashing into of slot machines. Mr. SMITH. Mr. President, I rise Meeker is 60 and his contract will be up for today to speak about the need for hate other vehicles or flipping over. Trag- renewal in 2006. He’s already made money— crimes legislation. On May 1, 2003, Sen- ically, just 3 weeks ago in a small his salary this year is $463,499, he got a ator KENNEDY and I introduced the farming community in southern Or- $200,000 bonus last year and his Churchill Local Law Enforcement Enhancement egon, a family of five ranging in age stock is worth more than $10 million. Act, a bill that would add new cat- from 2 years to 60 years old was killed He and his wife have a daughter and two egories to current hate crimes law, instantly when the rear tire of their grandchildren. But he jokes when asked when he might retire and shrugs off serious sending a signal that violence of any van blew out and the van veered into talk of retirement for now. kind is unacceptable in our society. the path of an oncoming pickup truck. ‘‘I want to make sure that when I leave the On August 8, 2003, in Grand Rapids, The family was on a last minute outing company,’’ Meeker said, ‘‘that it’s left at a MI, an 18-year-old bisexual man was to gather Easter supplies for their time when everything is pointing north.’’ discovered unconscious with his wrists church. f bound in a ditch. Authorities believe We don’t yet know why the tire blew that he had been the victim of a vi- CONGRATULATING INCLINE HIGH out. It could have been underinflated. cious sexual attack. The victim sur- SCHOOL Or perhaps the tread was wearing low vived on a life-support for two weeks or uneven and it was more easily punc- Mr. REID. Mr. President, I rise today before dying of pneumonia-like symp- tured by a sharp object in the road. to congratulate Incline High School on toms. The bigger question that we need to ad- its victory in the Nevada ‘‘We the Peo- I believe that Government’s first dress now is, could this accident and ple’’ competition. duty is to defend its citizens, to defend tragic loss of life have been avoided? This accomplishment reflects not them against the harms that come out Possibly. only a lot of hard work by the indi- of hate. The Local Law Enforcement With this in mind, I would like to vidual participants but also the strong Enhancement Act is a symbol that can highlight a small Oregon company, commitment to academic excellence of become substance. I believe that by Smart Tread, LLC, who has developed all the students, instructors, and ad- passing this legislation and changing a simple visual tread wear identifica- ministrators of Incline High School. current law, we can change hearts and tion system. The Smart Tread proposal I am pleased to be able to recognize minds as well. advocates for an improved visual iden- the individual members of the team on f their achievement: Bradley Allured, tification system that would help con- Jason Beavers, Nicholas Bohn, Jessica NATIONAL TIRE SAFETY WEEK sumers better understand when their Corpuel, Joseph Driver, Alexander Mr. SMITH. Mr. President, I wanted tires are safe and when they are not. Heilig, McKenna Hollingsworth, Josh- to take the opportunity today to recog- One such approach would use color di- ua Hub, Ansley Kendziorski, Elisabeth nize the importance of tire safety dur- rectly in the tire tread turning yellow Komito, Ashley Nikkel, Laura Pills- ing National Tire Safety Week. The and/or red when a tire tread reaches a bury, Robert Rappaport, Catherine Senate Commerce, Science and Trans- depth like 2/32 of an inch that is no Serrano, Tira Wickland, and Beate portation Subcommittee on Competi- longer safe and is the legal definition Wolter. tion, Foreign Commerce, and Infra- of a bald tire. This system will provide I also note the efforts of their teach- structure, which I chair, has jurisdic- early warnings of a car that is out of er Milton Hyams, their coach Robert tion over the National Highway Traffic alignment or running on overinflated Heilig, and their peer tutors: Ashley Safety Administration. As such, I am or underinflated tires. Hanna, Daniel St. John, and Jonathan keenly aware of the devastation caused It is my hope that industry and con- Shoop. each year on our Nation’s highways sumers will see the benefit of this tread I am sure that I speak for the entire due to automobile accidents. wear identification system that Smart Incline High School community in The National Tire Safety Week, cre- Tread has developed. We need to con- thanking the ‘‘We the People’’ pro- ated by the Rubber Manufacturers As- tinue to improve the safety of tires to gram’s district and State coordinators, sociation, is now in its third year, and prevent unanticipated automobile acci- Dan Wong and Judy Simpson, for their one of a number of their public out- dents and deaths. Again, I thank the work in helping give the students the reach campaigns designed to focus our tire manufacturers for all their efforts opportunity to participate in this great efforts on a key issue for all of us: tire and continuing to address this impor- competition. safety. tant issue.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4678 CONGRESSIONAL RECORD — SENATE April 29, 2004 ON SUDAN tion, and increase pressure on the Su- STAND WITH OUR NATION’S LAW Mr. KENNEDY. Mr. President, I com- danese Government. Doing so would ENFORCEMENT mend the Foreign Relations Com- send a strong signal that the inter- Mr. LEVIN. Mr. President, this week mittee for its action today in reporting national community will not accept mayors and police chiefs from across a resolution urging action by the these continuing atrocities. Sudan has the country will join with the Brady United States and the international been seeking better relations with the Campaign to Prevent Gun Violence to community to respond to the ongoing United States. It must be told that our urge President Bush and Congress to ethnic violence in Sudan. The Senate nation will have no relations with a renew the federal Assault Weapons should act on this resolution as soon as genocidal government. Ban. possible. The United States should propose a The 1994 law banned a list of 19 spe- It has been 10 years since the Rwanda resolution in the United Nations Secu- cific weapons, as well as a number of genocide. A decade ago, 8,000 Rwandans rity Council to condemn the violations other weapons incorporating certain were being killed every day, yet the of international law being committed design characteristics such as pistol international community was silent. in Darfur, particularly the indiscrimi- grips, folding stocks, bayonet mounts, We did not stop the deaths of 800,000 nate targeting of civilians and the ob- and flash suppressors. The assault Tutsis and politically moderate Hutu, struction of humanitarian aid by the weapons ban also prohibited the manu- in spite of our commitment that geno- government. The U.N. should demand facture of semiautomatic weapons that cide must never again darken the an- immediate international access to the incorporate at least two of these mili- nals of human history. region to assess the full scale of the tary features and which accept a de- Sadly, we may now be repeating the need for assistance. The U.N. should tachable magazine. This law is sched- same mistake in Sudan. also insist on adequate support for uled to expire on September 13, 2004. In 1998, President Clinton made a spe- international human rights monitors I support the efforts of the law en- cial visit to Kigali, Rwanda’s capital, and for monitors of the ceasefire agree- forcement community and local lead- ‘‘partly,’’ he said, ‘‘in recognition of ment reached last week. ers who are calling for legislation ex- the fact that we in the United States The international community must tending the law. In 1994, I voted for the and the world community did not do as assault weapons ban and, last month, I much as we could have and should have demand that Sudan stop the violence now, and give full humanitarian access joined a bipartisan majority of the done to try to limit what occurred’’ in Senate in voting to extend the assault Rwanda. His visit and strong words re- to Darfur without question or quali- fication. weapons ban for 10 years. mind us that we must not hesitate to Law enforcement support for the as- act, when the horror is clear and when To minimize the suffering of those sault weapons ban is broad. It includes so many lives may be lost. affected by the violence, we should im- the International Association of Chiefs Over the past few weeks, reports of mediately identify funds and food aid of Police, the Major Cities Chiefs Asso- severe ethnic violence have come from to meet at least the traditional U.S. ciation, the Police Foundation, the Po- Darfur, a region of western Sudan. We share of the $110 million appeal from lice Executive Research Forum, the have heard accounts of thousands or the U.N. Office for the Coordination of International Brotherhood of Police Of- even tens of thousands of people mur- Humanitarian Affairs to support ur- ficers, the National Association of dered, of widespread rape, and of peo- gently needed assistance for internally School Resource Officers, the National ple’s homes burned to the ground. displaced persons and refugees. These Fraternal Order of Police, National Or- The Sudanese Government has re- internally displaced persons and refu- ganization of Black Law Enforcement fused to allow full access to western gees must also be allowed by the Suda- Executives, the Hispanic American Po- Sudan. International monitors and hu- nese Government and militias to re- lice Command Officers Association, manitarian workers have been pre- turn safely to their homes, to rebuild and the National Black Police Associa- vented from reaching the area. We need their lives and communities, as soon as tion. immediate access to gather more infor- possible. In addition, mayors and police chiefs mation on what is happening and to The European Community, African from Detroit, Los Angeles, San Fran- provide urgent humanitarian relief to countries and the rest of the inter- cisco, Miami, Seattle, Chicago, and the one million people the United Na- national community should use their Washington, D.C. have joined over 200 tions reports have been displaced inter- considerable influence to pressure other local leaders in sending a letter nally in Sudan or across the border to Sudan to end the violence in Darfur, urging Congress to immediately pass a Chad. and end it now. 10-year extension of the assault weap- Many of us hoped that the humani- ons ban. tarian ceasefire and agreement earlier If the international community fails Despite broad support for this law, this month between the Sudanese gov- to act—and to act now—the con- the National Rifle Association fought ernment and rebel forces in western sequences will be dire. against passage of the assault weapons Sudan would end the many months of United Nations Secretary General ban in 1994 and continues to oppose it violence against entire communities. It Kofi Annan was eloquent in his state- to this day. has not. The bombing of villages by the ment at the commemoration of the While President Bush has indicated Sudanese Air Force continues, and so tenth anniversary of the Rwanda geno- that he supports reauthorizing the as- does the mayhem by the paramilitary cide. He said that he would not permit sault weapons ban, and a bipartisan forces unleashed by the Government of Darfur to become the first genocide of majority in the Senate is on the record Sudan. the 21st century. The burning of homes and crops of supporting reauthorization, the Presi- There will be discussion in Wash- desperately poor villagers has left in dent has failed to urge Congress to act ington and around the world about its ashes a humanitarian disaster. on this important legislation before it whether the ethnic violence in Darfur Without immediate relief, experts pre- expires on September 13th. The ban is a is, in fact, genocide, but we cannot dict deaths in the hundreds of thou- major public safety measure that pro- allow the debate over definitions ob- sands. The cruelty of the Government tects citizens and police officers and I struct our ability to act as soon as pos- of Sudan and its paramilitary allies urge the President and the Congress to sible. against other ethnic groups raises the act immediately to reauthorize the very real specter of genocide. It is a matter of the highest moral law. The United States and the inter- responsibility for each of us individ- f national community need to act now, ually, for Congress, for the United to stop this brutality, to save lives. States, and for the global community OUTSOURCING AND CLOW VALVE President Bush should make a strong to do all we can to stop the violence Mr. HARKIN. Mr. President, after 21⁄2 public statement alerting the world to against innocents in Darfur. We must years of a largely jobless recovery, the the violence in Darfur. He should call act, because thousands of people’s lives current administration is on track to the international community to ac- will be lost if we don’t. be the first in over six decades actually

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4679 to lose jobs during its 4-year term. It is under Section 421 of the Trade Act of ministration, at long last, is willing to particularly alarming that this coun- 1974 to restrain this surge of imports, enforce our trade laws and stand up for try has lost more than one in seven of even though such a step was unani- American workers. its manufacturing jobs since this ad- mously recommended by the Inter- ministration took office. More than national Trade Commission (ITC) last f one in seven. December. I wrote to the administra- One reason is outsourcing. We have tion on two occasions, once to the ITC TRADE ADJUSTMENT ASSISTANCE been seeing good, high-wage manufac- and once to the President himself, urg- turing jobs transferred overseas for a ing that our trade officials utilize ex- Mr. BAUCUS. Mr. President, next number of years. But outsourcing now isting laws that were enacted for the week the Senate will consider a trade has accelerated. It has spread to very purpose of temporarily protecting adjustment assistance amendment in- ‘‘knowledge-based jobs’’—program- American jobs from sudden surges of troduced by my colleagues Senators ming, auditing, accounting, engineer- imported products. WYDEN and COLEMAN. I am a co-sponsor ing, design, telemarketing, animation, The President’s refusal to enforce our of this amendment, which is offered on editing, transcription, legal assistance, trade laws has profound consequences. the JOBS bill, to which we will be recall centers and even core research. In Oskaloosa, it could mean the loss of turning next week. Some economists have argued over some or all of the 358 good-quality, I also want to acknowledge Senators the years that free trade helps the high-paying jobs at the Clow Valve ROCKEFELLER and BINGAMAN, who have United States to concentrate on cre- Company. In turn, that would have a worked hard to produce a strong ating high-wage, high-value-added jobs devastating impact all across Mahaska amendment. here in America. But now those jobs County. Bear in mind that Clow Valve This amendment is the right thing to are being exported, too. The old rules is now the single largest employer lo- do. And now is the right time to do it. of comparative advantage have been cated in the county. It is an employer The JOBS bill is about creating jobs exploded. with deep roots in the community. I and about keeping existing jobs in As we all know by now, the Presi- imagine there might be some bewilder- America. But we all know that—no dent’s annual economic report, signed ment among people there about the re- matter how strong we make this JOBS by Mr. Bush, explained why we should fusal of the Bush Administration to bill—some workers may still see their be celebrating the outsourcing and off- stand up and defend those jobs. jobs move overseas. shoring of American jobs. Gregory Let me summarize the basic facts: Since 1962, trade adjustment assist- Mankiw, chairman of the President’s We have a clear case of harmful trade ance—what we call ‘‘TAA’’—has pro- Council of Economic Advisors, summed practices on the part of the Chinese— vided retraining, income support, and up the report. He said that ‘‘outsourc- flooding the U.S. market with cut-rate other benefits so that workers who lose ing is a growing phenomenon, but it’s waterwork pipes. their jobs due to trade can make a new something that we should realize is In December, the United States start. . . . a plus for the economy.’’ International Trade Commission ruled The rationale for TAA is simple. Yes, you heard that right: Outsourc- that a surge in imports of Chinese wa- When our government pursues trade ing is ‘‘a plus for the economy.’’ terwork pipes had caused market dis- liberalization, we create benefits for Outsourcing of U.S. jobs, however, is ruption and material injury to domes- the economy as a whole. But there is just one side of the coin. The other side tic manufacturers such as Clow Valve always some dislocation from trade. of the coin is U.S. jobs that are lost be- Company. As President Kennedy said, ‘‘those cause this administration refuses to The Commission was unanimous in injured by . . . trade competition enforce our existing trade laws—for ex- its conclusion that imports from China should not be required to bear the full ample, existing laws that protect should be restrained pursuant to sec- brunt of the impact.’’ ‘‘There is an ob- against sudden surges of imports from tion 421 of the Trade Act of 1974. ligation,’’ he said, for the federal gov- abroad which harm particular busi- The Commission was unanimous in ernment ‘‘to render assistance to those nesses or sectors here in our country. its prediction that, without implemen- who suffer as a result of national trade This refusal threatens U.S. manufac- tation of an effective relief program, policy.’’ We meet that obligation turers and destroys American jobs. the U.S. waterwork pipes industry may through TAA. Let me offer one vivid example: have to close plants and lay off work- The TAA program has not been static Clow Valve Company has operated in ers. over time. Several times, Congress has the town of Oskaloosa, Iowa, since 1878. And yet, the White House refused to revised the program to meet new eco- It manufactures iron pipes, water hy- act. Which leads me to ask: Whose side nomic realities. drants and other foundry products. If are they on? there’s a fire hydrant on your block— Mr. President, it is clear to me that Most recently, in the Trade Act of and there should be one under most the jobless recovery here in the U.S. is 2002, Congress completed an important city codes—chances are excellent that not an accident. It is the result of a overhaul and expansion of the TAA it was made by Clow Valve Company. productivity surge that has benefited program. I am very proud to have The company was acquired by corporate profits, not workers’ pay- played a leading role in passing this McWane, Inc., of Birmingham, Ala- checks. It is the result of corporate landmark legislation. bama in 1985. McWane owns similar fa- America’s enthusiastic embrace of out- But I am also the first to admit that cilities in several other states, includ- sourcing and off-shoring jobs, with the our work is not done. Economic reali- ing Alabama, New York, Texas, Penn- blessing and encouragement of the ties continue to change, and TAA must sylvania, Missouri and Tennessee, em- Bush administration. And it is the re- continue to change with them. ploying some 7,000 workers. sult of the refusal of this administra- I am co-sponsoring the Wyden/Cole- Last year, McWane, Inc., faced a near tion to enforce our trade laws—its re- man amendment, because it makes tripling of Chinese imports of water- fusal to stand up for American work- common sense changes that help TAA work pipes compared to the previous ers, including in the face of seriously keep up with the times. year, with Chinese product being sold harmful trading practices from abroad. Most importantly, the amendment at prices that severely undercut Amer- We cannot build a sustainable recov- extends TAA to service workers. Right ican producers. Obviously, continued ery by exporting jobs, driving down now, we only give TAA benefits to expansion of sales by Chinese compa- U.S. wages to match foreign wages, and workers who make things. That means nies at this rate could cause serious allowing nations like China to flood American workers in the service sector market disruption. It could threaten our market with cheap imports. cannot access this program. all 7,000 jobs in these plants, including No, a true recovery must include all But today, more than 80 percent of the 358 in the Clow facilities in Americans. It can only be built on a non-farm U.S. jobs are in the service Oskaloosa, IA. foundation of good jobs and good sector. And the market for many serv- Nonetheless, President Bush has wages—here in America, not overseas. ices is becoming just as global as the steadfastly refused to use his authority And it can only be sustained if the ad- market for manufactured goods.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4680 CONGRESSIONAL RECORD — SENATE April 29, 2004 Trade in services is a net plus for the That’s why 66 percent of Americans lead longer, healthier lives through U.S. economy. In fact, the service sec- responding to a recent poll agreed with medication therapy. tor generated a trade surplus of nearly the following statement: ‘‘I favor free I have traveled all over my home $74 billion in 2001. trade, and I believe that it is necessary State of Missouri and have visited with Just as we have seen with trade in for the government to have programs dozens of seniors who’ve told me about manufactured goods, however, trade in to help workers who lose their jobs.’’ the high price of medicine, and how services will inevitably cost some The world is changing and TAA must they are making tough choices between workers their jobs. keep up with the times. This amend- paying for their needed drugs and pay- Indeed, there have been some well- ment will help our government to keep ing for other essentials of life. publicized examples in the papers. Ex- its promise to the American people to I want to take a minute to tell you amples abound of service-sector jobs— make trade work for everyone. about Audrey Vallely, a senior from even high tech service jobs—relocating I commend my colleagues Senator Pacific, MO, who testified at an Aging overseas. Software design. Technical WYDEN and Senator COLEMAN for offer- Committee hearing that I held in St. support. Accounting and tax prepara- ing this amendment. I look forward to Louis last August. Audrey has osteo- tion services. Radiology. voting on it next week. arthritis, a degenerative bone disease Over the past 3 years, somewhere be- f and another sinus disease that causes tween a quarter and a half million her to become dizzy. Her medicine MEDICARE DRUG DISCOUNT CARD service jobs have moved to other main- costs over $100 a month for 15 or so ly low-wage countries. Mr. TALENT. Mr. President, I rise pills to treat these conditions. But be- This trend has hit home in my State today to speak about a much antici- cause she is living on a limited income, of Montana. Recently, a large technical pated health care benefit that will help she cannot afford to pay for these support call center closed in Kalispell. millions of our Nation’s seniors—the medicines. At least 550 Montanans lost their jobs new Medicare prescription drug dis- Audrey told me how sometimes she while jobs were created in Canada and count card. must choose between buying prescrip- India. There are approximately $900,000 tion drugs or paying rent, buying food Another Montana employer laid off Medicare beneficiaries in Missouri; of or just living with air conditioning in workers doing medical billing and data these about one-fourth doesn’t have the summer. These are choices that no management. Those workers applied prescription drug coverage. The new one should have to make. I made a for TAA and were turned down—not be- Medicare drug law provides these peo- promise to Missouri seniors like Au- cause the layoff wasn’t trade related, ple with access to a prescription drug drey that I would help them get access but simply because they are service benefit for the first time in the history to quality, affordable health care, and workers. of the Medicare program. Medicare re- today I am pleased to deliver on that That’s not right. Extending TAA to cipients—people 65 and older and some promise. cover service workers is a simple mat- disabled people—are eligible, unless I want to share with you some of the ter of equity. When a factory relocates they receive drug coverage through questions that seniors have asked me to another country, those workers can Medicaid. A person with a discount about the drug card as I visited with apply for TAA. When a call center card can get the price breaks by simply them during my Medicare town hall moves to another country, those work- going to the participating pharmacies meetings in Missouri. ers are not eligible for TAA. But they and presenting the card. First, folks wanted to know whether should be. Seniors know that these cards are a they had to enroll in the drug discount This amendment also makes some good deal—about 7.3 million Medicare card. The answer is no, these discount modest changes to eligibility rules to recipients are expected to sign up for cards are completely voluntary. That make it more user-friendly for work- them. Applications for the cards will be means enrolling is their choice. Impor- ers. It removes some of the steps that available May 3, and the discounts tantly, seniors and not the Govern- workers have to take to meet the tests begin June 1. The cards have an annual ment will have the power to choose for shifts in production, alternative enrollment fee of up to $30, and offer an which card is best for them depending TAA, and to qualify for the health in- average savings of about 17 percent and on their health care needs. surance tax credit. And it makes the for some drugs up to 25 percent off. The Seniors also wanted to know who can health insurance options available to average savings on generic drugs is get one of these discount cards. I told TAA recipients more affordable. even higher—35 percent to 40 percent. them that almost anyone with Medi- The amendment provides for better These discounts are for at least one care can get a discount card. The only data collection and reporting. That drug in each of 209 categories of medi- people who aren’t eligible are those way Congress and the public will have cines commonly used by seniors. who have outpatient prescription drug a better idea who is using TAA benefits Beneficiaries with annual incomes coverage through Medicaid when they and how participants are faring in the less than $12,569 per year for individ- apply. job market. uals or $16,862 for couples are eligible Thinking that these drug discount The amendment also helps trade-im- for a $600 annual subsidy for their pre- cards could be a very good thing, sen- pacted communities to better plan scription drug costs. Also, these folks iors wanted to know how soon they their economic redevelopment and job won’t have to pay any enrollment fees could get these cards and how long the creation strategies. That way workers for the next 2 calendar years. That’s a discounts would last. I told them that who complete TAA retraining have a total of $191 million in additional help they could begin enrolling in the drug better chance of finding jobs in their for the 159,000 beneficiaries in Missouri discount cards this month, and the communities. who are currently eligible to partici- cards will be good until at least Decem- Hard-working American workers de- pate in this program. These lower in- ber 31, 2005, when Medicare’s new preserve this safety net. Despite what come seniors will also get price dis- scription drug benefit starts. some opponents of TAA suggest, no counts of up to 25 percent on brand- Seniors also asked me whether there worker would choose to lose his job so name drugs and up to 40 percent of ge- was only one Medicare-approved drug he can qualify for TAA. These benefits neric drugs. discount card that they could get. Last will always be second best to a job. But The Centers for Medicare & Medicaid March, HHS approved 28 providers that they can really make a difference in Services expect 65 percent of the low- will offer about 49 different discount helping workers make a new start. income beneficiaries nationally to par- cards to Medicare beneficiaries. This It is also critical to note that TAA ticipate in this program. This means means that seniors will have a choice can make an important difference in that a total of 103,000 Missourians are of more than one discount card and public attitudes. Surveys show that expected to enroll in the Medicare drug this is a good thing since seniors with most Americans feel a lot more com- discount card and to save a total of a certain type of disease like diabetes fortable with globalization, offshoring, $124 million over the next two calendar or heart disease may choose a card and trade when they know they will years. You can see why this is a good with deeper discounts on medicines get help if their jobs are threatened. deal for America’s seniors to help them that treat that disease.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4681 Also, there may be some seniors who and his partner attempted to make a avid sports fan. Officer Steiner is sur- prefer specific name brands or generic drug arrest on May 5, 2002; and the Po- vived by his wife, his 13-year-old step- drugs, and they may want to choose a lice Commission Commendation for his son, and his three-year old son. card from that manufacturer. Missouri work to reduce crime in the Bayview These three killings occurred in an has a combined total of 43 individual neighborhood. 11-day period in April. They are but the drug cards. This includes 36 national He was also recognized as Patrol Offi- latest deaths to report. drug cards, 4 regional cards, and 3 cer of the Month by the Captain of the Two months ago, Los Angeles Police Medicare Advantage exclusive cards. Bayview Police Station in June 2003. Officer Ricardo Lizzaraga was killed With all these choices, seniors can Officer Espinoza also served as a new while responding to a domestic vio- choose which card is best for their par- board member of the Police Officers lence call. ticular health care needs. Association. He was Assistant Commis- At the apartment where the call The cards are completely voluntary, sioner of the softball league. And he originated, Officer Lizarraga con- so those seniors who don’t want a card planned to take the next Sergeant’s fronted a man. Within seconds, the in- don’t have to have one. But for those exam. dividual drew a gun and shot Lizarraga seniors who choose to take advantage His death is a great loss to the De- twice in the back as he and his fellow of the drug discounts, I look forward to partment and to the City. It is a par- officers fled from the apartment. The helping them get started and putting ticularly great loss to his wife and 3- suspect in the shooting was a known them in touch with people and re- year-old daughter. gang member. On April 15, Merced Police Officer sources to help them make informed Officer Lizarraga, 31, had served two- Stephan Gray was shot and killed when decisions. and-a half years on the force. In that a suspect he was chasing on foot turned Beginning today, 1-800-Medicare will time, he quickly became a well-re- around and fired two bullets into his be staffed with 1,400 operators around spected police officer known for his chest. strong work ethic and great attention the clock to field questions about Officer Gray, 34 years of age, worked to detail. which discount card is best for that in the Merced Police Department’s He was viewed as a gentle giant by particular senior. Or folks can go on- gang violence unit, working with some his colleagues, friends and family. Los line at www.Medicare.gov and search of his community’s most dangerous of- Angeles Police Chief William Bratton prescription drug and other assistance fenders. In fact, the suspect in his kill- described him as the ‘‘face of Los Ange- programs to prepare for the May 3 ening is a gang member with whom he is les.’’ rollment. believed to have had previous encoun- There is much to be excited about, Officer Lizarraga is survived by his ters. wife Joyce. and I am pleased to support this ben- Officer Gray had served with the These stories are chilling. They re- efit to help our Greatest Generation Merced Police Department for seven mind us that even those charged with live longer, healthier lives. years. And in those seven years of serv- protecting us are vulnerable. They re- I also thank Chairman GRASSLEY for ice, he earned the admiration of his veal a segment of society that is ut- his leadership on the Medicare law, and colleagues and once received a com- terly lawless, unbound by any code of recognize his hard work to build strong mendation for resuscitating an 11- decency. bipartisan support for this legislation month old baby. And sadly, they are just a few of the to help America’s seniors. Being a police officer was not just a stories that we will tell this year of f job for Officer Gray, it was a way for cops being killed in the line of duty. him to change the world. He not only TRIBUTE TO SLAIN CALIFORNIA These tragic deaths are sure to con- patrolled the streets, but he went out LAW ENFORCEMENT OFFICERS tinue because we have not done enough and got to know the neighborhood chil- Mrs. FEINSTEIN. Mr. President, to stem the availability of guns nor dren in the communities he served. He three law enforcement officers in the curb the viciousness of gangs. shot baskets with the kids and, draw- State of California have been murdered This body knows well that the as- ing on his days as a high school track in the past three weeks in gang-related sault weapons ban is on the verge of ex- star, taught them how to sprint. slayings. And a fourth was killed in He was admired by his friends and piration. However, what this Congress February. neighbors for his loyalty to the police has failed to recognize is that if we I come to the floor to pay tribute to department, but also his devotion to allow assault weapons to be more free- these brave officers and discuss the his family. ly available, law enforcement officers perils police face every day, especially Officer Gray was a true pillar of his will be in even greater danger. from gang members armed with high- community. He is survived by his wife Around 70 officers are killed each powered assault weapons and other and three children, ages 13, 5, and 3. year by criminals. And, according to a guns. California Highway Patrol Officer study by the Violence Policy Center, 1 Late Saturday night, April 10, one of Thomas Steiner, 35 years old, was mur- in 5 law enforcement officers killed be- San Francisco’s finest young police of- dered April 21 in a drive-by shooting in tween 1998 and 2001 were shot with as- ficers, Officer Isaac Espinoza, was shot broad daylight. Officer Steiner had just sault weapons. Now, police officers in and killed. walked out of the Pomona courthouse San Francisco and other cities are ex- Officer Espinoza was gunned down after testifying on a series of traffic ploring whether to equip officers with with an assault weapon, an AK–47, tak- cases when a 16-year-old shot him three military-style assault rifles and ing three shots in the back as the gun- times with a handgun, hitting him Kevlar-plated vests. man fired 15 rounds in just seconds. Of- once in the head. And that’s why nearly every law en- ficer Espinoza and his partner, who was According to Pomona Police Chief forcement organization in the country also shot, had no time to seek refuge. James Lewis, the teenager charged supports renewing the ban on assault The suspect in the shootings is a with the shooting did not know Officer weapons—they know that the lives of known gang member. Steiner, but was merely intent on their officers are at risk. Officer Espinoza, at 29 years of age, ‘‘killing a cop.’’ The expiration of the ban would was a distinguished police officer, one Apparently, the 16-year-old wanted mean that assault weapons like the one of the Department’s bright young stars to kill a cop in an attempt to prove used to kill Officer Isaac Espinoza will who worked in one of the City’s tough- himself to a Pomona street gang. be easier to obtain whether at the est areas. Officer Steiner had been a member of nearest gun shop, sporting goods store In fact, Officer Espinoza received the California Highway Patrol since or in someone’s home. three major service awards in his eight 1999. His colleagues described him as a The easier it is for criminals to get years with the Department including: positive influence on the police force, their hands on these weapons, the easi- the Silver Medal of Valor for his brav- the kind of guy who never had any- er it will be for them to terrorize com- ery in a shoot-out that occurred on Oc- thing bad to say about anyone. munities. tober, 20, 2000; the Purple Heart for in- On top of being a well-respected cop, To honor the many law enforcement juries sustained in a foot pursuit as he he was an excellent marksman and an officers who have given their lives in

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4682 CONGRESSIONAL RECORD — SENATE April 29, 2004 service to their communities, we must MARCH FOR WOMEN’S LIVES No one is suggesting that condom failure renew the assault weapons ban before Mr. DURBIN. Mr. President, last should be ignored, or that there is anything wrong with promoting abstinence. The fact it expires on September 13. Sunday, April 25, the March for Wom- But there is much more that we need remains, however, that the condom, in addi- en’s Lives took place here in Wash- tion to being a method of preventing unin- to do to make communities and cops ington. Its organizers estimated that tended pregnancy, is the most effective de- safer in America. In particular, we more than a million men, women, and fense against HIV/AIDS for sexually active must check the rampant gang violence children from more than 57 countries individuals. that plagues our city streets and, in- gathered under the banner of reproduc- In a world where 10 more people are increasingly, our suburbs and rural com- tive rights, health, and justice for all fected with HIV every minute, where half of munities. women. Participants called on Con- the 40 million people already infected are Gang violence used to be a local prob- gress and the administration not only women, where HIV/AIDS is the leading cause of death among African-American women lem, demanding local solutions. But to protect the right to choose but also over the last 12 years, since I have been ages 25 to 34 and the seventh leading cause of to protect and promote family plan- death for white American women that age, it in the Senate, I have seen this problem ning, maternal and child health care, is patently inexcusable to omit the condom spread from isolated neighborhoods to and the empowerment of women in the option from what should be the nation’s communities across this country. United States and abroad. most trusted source of medical information. Gangs have become more sophisti- An op-ed by Werner Fornos, president To explain the removal of the condom fact cated and more violent criminal enter- of the Population Institute, appeared sheet, the White House Office of Science and prises. What were once loosely-orga- that same day in the Chicago Sun- Technology Policy offered the flimsy excuse nized groups centered around dealing Times. The piece was entitled ‘‘March that the CDC ‘‘routinely takes information drugs within a particular neighborhood off its Web site and replaces it with more up- is About More than Abortion,’’ and it to-date information.’’ Updating the Web site are now complex criminal organiza- explained that the marchers’ concerns is understandable, expunging the role of the tions whose activities include weapons went beyond the issue of abortion to condom in preventing HIV is simply indefen- trafficking, gambling, smuggling, rob- include concerns about HIV/AIDS pre- sible. bery, and, of course, homicide. vention, family planning, the Presi- If the Bush administration routinely ig- In 2002, over half of the 1,228 homi- dent’s imposition of a global gag rule nores the reproductive rights and health of cides committed in Los Angeles County on family planning providers, and the women in the United States, it is hardly sur- were gang-related. Similarly, over half administration’s refusal to release prising that respected international family of the 499 murders committed in the funds to the United Nations Population planning nongovernmental organizations give the White House and U.S. congressional city of Los Angeles during 2003 were Fund to reduce the number of unin- leadership low marks on their concern for the result of gang violence. tended pregnancies that can lead to poor women around the world. The reach of gangs, however, extends abortion. Within an hour or two after taking the far beyond Southern California. I ask unanimous consent that Mr. oath of office, President Bush signed the In fact, Los Angeles serves as a Fornos’ article be printed in the global gag rule, a policy to deny U.S. funds ‘‘source city’’ whose gang members mi- RECORD. to overseas family planning organizations grate to other communities across the There being no objection, the mate- that provide, perform or counsel women on country and set up new criminal enti- rial was ordered to be printed in the abortion. In the United States, this would be ties. One such operation, the L.A.- RECORD, as follows: a flagrant violation of the First Amendment right to freedom of speech. But the Bush ad- [From the Chicago Sun-Times, Apr. 25, 2004] based 18th Street Gang, is known to ministration, while robustly promoting de- have initiated gang activities all over MARCH IS ABOUT MORE THAN ABORTION mocratization worldwide, does not hesitate California, in Southwest border and (By Werner Fornos) to penalize the world’s poorest women by Pacific Northwest states, and in East Passing a barbershop window in Juneau, withholding this right from family planning Coast states including New Jersey and Alaska, the other day, I spotted a placard in- providers overseas. New York. viting locals to join a rally in Washington, Then, too, the White House remains ada- Today’s gangs are more sophisti- D.C., today that could have significant im- mant in its refusal to release a $34 million plications for the November presidential and appropriation by Congress to the United Na- cated, more violent, and more numer- congressional elections. ous than they were 12 years ago. And tions Population Fund, the largest multilat- If people from as far away as our country’s eral provider of family planning and repro- that is why we need a strong federal re- northwestern-most state converge upon the ductive health services to women in more sponse. nation’s capital in sufficient numbers—say, a than 140 developing countries. I have introduced legislation with quarter of a million and upwards—it might Ironically, the combined impact of the Senator HATCH that will give law en- be time for President Bush and his political Bush administration’s global gag rule and its forcement and local communities the guru, Karl Rove, to unbutton their collars refusal to release the congressional appro- and reach for the hyperventilation bags. The tools to deal with gang violence. priation for the U.N. agency has led to thou- performance of the Bush administration on sands of abortions resulting from preg- Our legislation: Creates new federal women’s rights may be judged more by the crimes to enable prosecutors to target nancies to poor women worldwide who have turnout for this event than by any poll or been denied access to family planning infor- violent gang members; makes changes survey. mation, education and supplies. The purpose of the March for Women’s to current law to allow for effective There is ample evidence that the avail- Lives is to deliver to our national leaders a prosecution for violent street gang ability of condoms and other medically ap- strong, unequivocal message of support for crimes; authorizes $650 million for law proved family planning methods already has reproductive health and rights and justice enforcement and community groups for prevented substantially more abortions than for all women. the Bush administration’s policies have, can, suppression, prevention, and interven- There are concerns well beyond those of or could. The women who will march in tion programs. hard-core feminists that Bush administra- Washington today understand the calculus of This bill gives us an opportunity to tion policies are unduly influenced by right- reproductive health and family planning de- do something about the gang violence wing religious zealots and the Vatican, who nial, even if many of our national leaders do oppose modern contraceptives as well as that beleaguers our communities and not. endangers our cops. We owe it to these abortion. Much of this rising tide of reaction ema- Werner Fornos is president of the Popu- fine officers who were killed so vi- nates from pro-choice advocates infuriated lation Institute and the 2003 United Nations ciously to do what we can to prevent by the refusal of the White House and a Re- Population laureate. more violence by gangs. publican majority in Congress to acknowl- f If we fail to act on both these meas- edge federal law pronouncing abortion as a ures, I am sad to say that I will be matter between a woman, her conscience and HONORING FORMATION OF GLASS back here before long telling the story her physician. But the march is about more CAUCUS of some other fine law enforcement of- than the termination of pregnancies. Mr. LAUTENBERG. Mr. President, ficer who is patrolling the streets of For example, a fact sheet about condoms one of the many strengths of the Sen- was removed from the National Institutes of one of our communities right now. We Health Centers for Disease Control and Pre- ate community is our diverse work- must do everything possible to prevent vention Web site and replaced with a docu- force. It is that diversity that contrib- these killings from happening over and ment emphasizing condom failure and the ef- utes to a more informed and represent- over again. fectiveness of abstinence. ative government.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4683 The promise of our Nation lies in its The President’s small business agen- Their success is more than just the promise to every one of its citizens da recognizes that the role of govern- bottom line. The Robucks often assist that they will be judged by the quality ment is not to create wealth but to cre- a variety of charities and local schools. of their work, the depth of their poten- ate an environment where entrepre- Mike and Michele help with counseling tial and the strength of their intellect neurial endeavors can flourish and peo- and provide jobs for two rehabilitation and character. Anything less under- ple can directly benefit from their ef- programs helping people to regain their mines the very principles of fairness we forts. It is well accepted that small place in the community. uphold and it diminishes not just those businesses and young business are the It took 5 years since the Robucks for- who are discriminated against, but the driving force in job creation and pros- mally formed the Alaska Mint for the professional communities in which perity. business to become truly established they live and work the Senate in- Since 1963, the President has des- and successful. From a one-person op- cluded. ignated a week as the National Small eration in the mid 1980s, the business Recently, several Senate employees Business Week in recognition of the now employs 10 people full time and in- announced that they have formed an small business’s contributions to the creases to 20 during the summer tour- informal, non-partisan group called country. Next month, the White House ist season. They are now a tourist des- Gays, Lesbians and Allies Senate Staff, and the Small Business Administration tination and a place of education about GLASS, Caucus. The caucus is open to will join in celebrating the small busi- the art of their work. all Senate staff and is the first ever for ness people and businesses of the year. When the criteria for the award of gay and lesbian Senate staff and their Today, Mike and Michelle Robuck, as the Small Business Persons of the Year allies. It is designed to raise awareness co-owners of the Alaska Mint, will be are applied to the Robucks, they meet of issues affecting the gay and lesbian named as the Alaska District Small all of the standards. They shine like community and increase visibility; and Business of the Year 2004. They were the coins they make. They have shown promote the welfare and dignity of gay nominated by their banker, First Na- their staying power, increased the and lesbian Senate employees by pro- tional Bank Alaska for this award. number of employees, increased their viding a safe environment for social Congratulations to Mike and Michele markets and sales volume, responded interaction and professional develop- Robuck. to challenges, shown innovation of the ment. Small business winners are evaluated products they offer, and continue to The GLASS caucus held its inaugural in Alaska by a panel of judges con- contribute to the community. Mike reception last night. I was honored to vened by the Alaska District Office on and Michele Robuck, as a team, exem- attend and congratulate the members a variety of criteria including: staying plify the qualities, the business skills, on their organization’s formation. This power, growth in employees, increase personal character, and the spirit of was an historic moment for the Senate in market or sales volume, response to Alaska that warrant their being award- and special recognition must be given adversity, contributions to the commu- ed the Small Business Persons of the to four of the founding members of the nity, and innovation of the products Year Award for 2004.∑ caucus for a job well done: Mat Young, they offer. f Lynden Armstrong, John Fossum and Now let me tell you about Mike and IN RECOGNITION OF SMOKEY Jeffrey Levensaler. Michele Robuck, the Alaska Mint and BEAR’S 60TH BIRTHDAY Gay and lesbian Americans want the why they deserved to be small business same civil rights that are extended to persons of the year for Alaska. Alaska ∑ Mr. DOMENICI. Mr. President, I rise other Americans—nothing more, noth- Mint is a second generation Alaskan today to celebrate a birthday and to ing less. We must build a community business that trades in many things pay tribute to a hero and icon from my here in the Senate and across the Na- but most important in the commod- home State a New Mexican who be- tion of mutual respect, tolerance, and ities that made Alaska—gold, silver, came the renowned symbol for the Co- freedom. This new staff caucus will and platinum. Alaska Mint designs and operative Forest Fire Prevention pro- make many valuable contributions in produces medallions, coins and jewelry. gram. His name is Smokey Bear. that regard. The Alaska Mint is designated as the Sixty years ago this year, Smokey I wish this group well and hope that official mint of the State of Alaska, Bear became the voice for the Forest it will prove to be a valuable addition the Alaska Railroad, the White Pass Service public education campaign to to the Senate community. and Yukon Route, the Iditarod Trail save American forests. Since his cre- Committee, the Yukon Quest, and the ation in 1944, most Americans now f Anchorage Fur Rendezvous. quickly associate the name Smokey ADDITIONAL STATEMENTS Part of the wonderful story of the Bear with his mantra: ‘‘Only You Can Alaska Mint is its very beginning. Prevent Forest Fires.’’ Mike Robuck started the business as a Not many know the remarkable SMALL BUSINESS PERSONS OF sidewalk vending cart in downtown An- story of Smokey Bear or that the fire THE YEAR 2004 chorage in 1989. He was following in his prevention program is the longest run- ∑ Ms. MURKOWSKI. Mr. President, I father’s foot steps that had started a ning public service advertising cam- rise today to commemorate the impor- small family-owned jewelry store in paign in the history of the Ad Council. tance of small business as the founda- Anchorage in 1967. Mike learned the In 1950, Smokey Bear became real, tion of the U.S. economy and to con- importance of dealing with the public sadly through an unfortunate forest gratulate Michael and Michele Robuck, and the value of tourism to Alaska. It fire. That spring, in Lincoln County, a co-owners of the Alaska Mint based in was not long after that Mike opened a little black bear cub was found Anchorage, AK, who today have been store and assemble the equipment to clinging to the side of a charred pine named the Small Business Persons of manufacture his coins, jewelry, and tree after a forest fire swept through the Year for 2004 by the U.S. Small collectibles. I wish I could share with the mountains. After being discovered, Business Administration, SBA. each member of the Senate an example he was briefly called ‘‘Hot Foot According to the Small Business De- of his creativity and artistry. Teddy,’’ but was later named Smokey velopment Center of Alaska, 97 percent With the help of the Small Business Bear after the Ad Council’s poster bear. of all businesses in Alaska are defined Administration and the First National Since that late spring day, that cub as small businesses. Eighty-five per- Bank Alaska, Mike and Michele became the living symbol of Smokey cent of all new jobs in Alaska are cre- Robuck expanded the business and Bear and worked to remind Americans ated by businesses with fewer than 20 began doing business nationwide with of the importance of outdoor fire safe- employees. Small businesses have cre- the help of QVC network and the inter- ty. It is a message whose importance ated the majority of the new jobs cre- net. Last year Alaska Mint released a has not faded since the bear was dis- ated in the last few years on a nation- coin to commemorate the tragic events covered on a charred New Mexico wide basis. So the importance of small of September 11, 2001, that within a 24- mountain. businesses to the Nation’s and to the hour period sold and raised over $50,000 New Mexico, along with other West- Alaskan economies is obvious. for the Red Cross. ern States, has experienced devastating

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4684 CONGRESSIONAL RECORD — SENATE April 29, 2004 fires in recent years, which is why the I am pleased to announce that stu- Armored Division in Germany and fire prevention message is so impor- dents from Amador Valley High School when deployed as the Multinational Di- tant. Forest fires burn millions of in Pleasanton, CA will be representing vision (North), in Bosnia and acres, destroy homes and businesses, the State of California in this competi- Herzegovina, a combined task force and, worse yet, take the lives of tion. With the help of their civics that included units from 13 nations. In wildland firefighters. As we remember teacher, Matthew Campbell, these stu- this capacity General Ellis coordinated all too well, 2000 was the worst fire dents have studied for months to pre- European military and civil efforts to year on record since 1957, and subse- pare for their role as experts testifying implement an extensive array of oper- quent years have not been much better. on constitutional issues in a simulated ations and programs to provide sta- Last year’s devastating fires prompt- congressional hearing. bility and restore favorable economic ed us to finally agree to the passage of These students have all worked very and political conditions in that war- the Healthy Forests Restoration Act. I hard through first the congressional, torn region. have a feeling Smokey Bear would be then state, and now national competi- As the Army’s Deputy Chief of Staff proud of that accomplishment, and tions. The members of this year’s for Operations, General Ellis oversaw know that his wildfire program had civics team are Nichole Barlow, Anna multi-year, multi-billion dollar pro- never been more important. While we Currin, Tony D’Albora, Logan Daniels, grams supporting United States Army now work to improve our forests with Shelley DeFord, Michael Gondkoff, budget strategic objectives, and exe- this new law, Smokey’s message must Gabe Ivey, Nate Koppikar, Kristin cuted annual operating budgets of still resound. This message of forest MacDonnell, Sonia Markovic, Jennifer more than $15 billion across 16 major fire prevention has undoubtedly helped Martin, Lacie McFarland, Shawna subordinate organizations. He directed to reduce the number of forest acres McGrath, Nicole Melton, Barry Ripley, the development of comprehensive strategic plans supporting the Army’s lost annually to wildfire. By what Elisabeth Schulze, Sunaina Selam, continued success across the next three measure, I can never know. However, Kent Stander, and Jae Yoo. I congratu- decades by resourcing plans through to suggest that he has not made a sig- late each of them for coming this far decisive application of deliberate man- nificant difference would be amiss. and send them my best wishes for next agement systems, strategic planning The injured cub discovered in 1950, week’s competition. processes, environmental assessments, our Smokey Bear, eventually arrived It is very encouraging to see young and periodic situational appraisals to at the National Zoo in Washington, DC, people take such a profound interest in ensure full integration and compliance where he would become the living sym- studying those ideas and principles with strictly defined performance ob- bol for fire prevention. He resided in which are at the heart of our democ- jectives. He spearheaded the Army’s ef- the National Zoo for 26 years until he racy and of our country. I am certain fort to translate the senior leadership’s passed on November 9, 1976. Most ap- that this type of involvement will only lead to a deeper interest and that it Strategic Vision into an executable propriately he was returned to his old Transformation Campaign Plan. roaming grounds and to his home town will build strong citizens and strong leaders for our country’s future.∑ Soon after the United States went to to be laid to rest. war in 2001, General Ellis assumed com- f Capitan is a small town in Lincoln mand of U.S. Army Forces Command, County, nestled between those Capitan HONORING AN ARMY LEGEND the Army’s largest major command. He and Sacramento Mountains of central ∑ Mr. MILLER. Mr. President, I rise aggressively orchestrated the training, New Mexico. This beautiful place is full today to honor the Commanding Gen- mobilization, and deployment of more of wonderful people who love the land eral, United States Army Forces Com- than 500,000 Soldiers and more than a and refer to Smokey Bear as mand, General Larry R. Ellis. General million tons of equipment to locations ‘‘Capitan’s favorite son.’’ Each year Ca- Ellis has served as the Commanding worldwide which represents the largest pitan residents celebrate his memory General of U.S. Army Forces Command mobilization since the Korean War. In with the Fourth of July Smokey Bear from November 19, 2001, to May 7, 2004. addition to providing resources and di- Stampede, but this year is a special General Ellis, an outstanding Amer- recting long-range planning to move tribute. The village is hosting a special ican Soldier from the great State of Army forces, he maintained close oper- 60th birthday celebration May 7–9. Maryland, will soon complete over 35 ational control of ongoing events to en- Much of the 3-day festivity will take years of selfless service to this great sure his subordinate units could replace at the historical park named in Nation in the United States Army. spond to emerging trends and cir- Smokey Bear’s honor and along what is General Ellis’ dedication to our Sol- cumstances. The strategic communica- now aptly named Smokey Bear Boule- diers, commitment to excellence, and tions plan he instigated to engage dis- vard. performance of duty has been extraor- parate and complex audiences to in- I pay tribute to the people of Capitan dinary throughout his career, a life- clude academia, Congress, local public in this RECORD—they have gone to time of service culminating in an as- officials, industry, and members of the great lengths to preserve the story and signment as the Commanding General Department of Defense, ensured that meaning of Smokey Bear. I also salute of the largest major command in the his commands’ operations were under- the USDA, the Forest Service, the Na- United States Army. He will retire on stood and supported. tional Association of State Foresters, July 1, 2004. General Ellis holds degrees from and the Ad Council for supporting this During more than 35 years in uni- Morgan State University, B.S., 1969, program all these years. May the ini- form, General Ellis served in a succes- and Indiana University, M.S., 1975. His tiative’s success only be a prelude to sion of command and staff positions honors include the NAACP National future forest preservation and wildfire worldwide. As a junior officer, he Service Award, 1999; Honorary Doctor prevention, and may Smokey Bear and served in combat in the Republic of of Law, Morgan State University, 2000; all he represents forever remain.∑ Vietnam, and subsequently with troop Honorary Master of Strategic Studies, f units in positions of increasing respon- U.S. Army War College, 2001; Distin- sibility throughout the continental guished Alumni Service Award, Indiana AMADOR VALLEY HIGH SCHOOL’S United States, Europe, and the Repub- University, 2003. His military awards INVOLVEMENT IN WE THE PEOPLE lic of Korea. include the Defense Distinguished ∑ Ms. BOXER. Mr. President, I would While the Deputy Director for Stra- Service Medal, the Army Distinguished like to recognize a remarkable group of tegic Planning and Policy at U.S. Pa- Service Medal, and the Combat Infan- young people who will be traveling to cific Command, and as the Assistant tryman Badge. Washington, DC next week, May 1–3, to Chief of Staff, J3, for United States His three and a half decades of serv- participate in the national finals of Forces Korea, General Ellis supervised ice earned for General Ellis a reputa- ‘‘We the People: The Citizen and the the training and performance of Amer- tion as one of the Department of De- Constitution.’’ This program consists ican military forces throughout the fense’s most forward thinking and in- of competitions in which students field Far East. sightful leaders. General Ellis rep- questions that test their knowledge of He commanded units at every ech- resents the epitome of what Army lead- the U.S. Constitution. elon of the Army, including the First ers, Soldiers, and the country expect

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4685 from our officers. He is a sterling ex- clists who will compete in seven stage Ms. Niland, one of its reading clerks, ample for young Soldiers to emulate races, traversing 653 miles across Geor- announced that the House has passed . . . well known as a ‘‘Soldiers’ Gen- gia. As a vehicle to promote tourism the following bills, in which it requests eral.’’ His service to the Nation has and stimulate economic growth, the the concurrence of the Senate: been exceptional, and General Ellis is race is defined by the thousands of visi- H.R. 4181. An act to amend the Internal more than deserving of this recogni- tors and volunteers who plan to visit Revenue Code of 1986 to permanently extend tion. from across Georgia, the U.S. and the marriage penalty relief provided under General Ellis will be sorely missed by abroad. Over 750,000 spectators are ex- the Economic Growth and Tax Relief Rec- those who have had the opportunity to pected for the week. onciliation Act of 2001. serve with him over these many years. From just the impact of media, offi- H.R. 3170. An act to amend the Investment Company Act of 1940 to provide incentives I join with his friends and family as he cials, teams, and support personnel, not including spectators, local commu- for small business investment, and for other celebrates this richly deserved upcom- purposes. ing retirement and wish him my best nities will see an immediate impact The message further announced that as he enjoys everyday of this new jour- from 3,000 room nights and over 7,000 the House has agreed to the following ney.∑ meals. I commend the sponsors, organizers, concurrent resolutions, in which it re- f and staff of the Dodge Tour de Georgia, quests the concurrence of the Senate: TOUR DE GEORGIA IS A TOUR DE for bringing a world-class event of this H. Con. Res. 376. Concurrent resolution au- FORCE magnitude to the people of the United thorizing the use of the Capitol Grounds for ∑ Mr. CHAMBLISS. Mr. President, this States. I also commend the Union the Greater Washington Soap Box Derby. Cycliste Internationale, for sanc- H. Con. Res. 388. Concurrent resolution au- week Georgians will line the roads to thorizing the use of the Capitol Grounds for witness the top-ranked bicycle stage tioning this event. the National Peace Officers’ Memorial Serv- race in North America. I would like this body to recognize ice. The Dodge Tour de Georgia promotes the host communities, Alpharetta, f tourism, stimulates local industry, and Athens, Carrollton, Columbus, Dalton, is proud to benefit the Georgia Cancer Dahlonega, Dawsonville, Hiawassee/ MEASURES REFERRED Young Harris, Macon, Rome, and Coalition. The race serves as a rolling The following bill was read the first Thomaston; as well as their local orga- festival to entertain and educate spec- and the second times by unanimous nizing committees for their contribu- tators across the Peach State about cy- consent, and referred as indicated: tion to this worthy cause. cling, fitness, and most importantly H.R. 3170. An act to amend the Investment about the possibility for a cure for and Cancer is a brutal killer that strikes without regard to age, race, sex, or sta- Company Act of 1940 to provide incentives the prevention of cancer. This second for small business investment, and for other annual event, April 20 to 25, 2004, takes tion in life. I am grateful that there purposes; to the Committee on Banking, pro cyclists and multitudes of visitors are organizations such as the Georgia Housing, and Urban Affairs. Cancer Coalition, which are dedicated on a scenic 653-mile journey through The following concurrent resolution to its eradication, and there is support the great State of Georgia. was read the first and the second times from organizations such as Dodge; GE Athletes from over 23 countries will by unanimous consent, and referred as Energy; The Georgia Department of In- compete for $100,000 in cash and prizes. indicated: With a mix of road races, an individual dustry, Trade, and Tourism; Georgia Power; Southern LINC; and the many H. Con. Res. 388. Concurrent resolution au- time trial, and challenging terrain, the thorizing the use of the Capitol Grounds for 2004 Dodge Tour de Georgia will be an others who have bonded together to or- the National Peace Officers’ Memorial Serv- exciting event for both racers and spec- ganize and promote Georgia’s Race to ice; to the Committee on Rules and Adminis- tators. Cure Cancer. tration. This event is not only about the 11 A great deal of attention will be on f cycling this year, since many elite ath- communities hosting this event, it is letes vie to represent their countries in not only about Georgia. It is about MEASURES READ THE FIRST TIME the Olympic games in road, time trial bringing the finest cyclists in the The following bills were read the first or track disciplines of cycling in Au- world to compete in our Nation. It is time: about raising awareness to fight a ter- gust. And, five-time Tour de France H.R. 4181. An act to amend the Internal champion Lance Armstrong seeks his rible killer so that all of the world may Revenue Code of 1986 to permanently extend record sixth consecutive win on the benefit. I am proud that this event will the increased standard deduction, and the 15- Champs-Elysees in July. Part of the be held in my home State of Georgia percent individual income tax rate bracket reason for a significant increase in and ask that this body commend the expansion, for married taxpayers filing joint media and spectator interest in the Dodge Tour de Georgia for its fine returns. work.∑ S. 2370. A bill to amend the Fair Labor Dodge Tour de Georgia this year is be- Standards Act of 1938 to provide for an in- f cause Armstrong will compete in the crease in the Federal minimum wage. event with his United States Postal MESSAGES FROM THE PRESIDENT f Service Pro Cycling Team. It will be Messages from the President of the the only stage race Armstrong is ex- United States were communicated to EXECUTIVE AND OTHER pected to enter in North America, and the Senate by Mr. Williams, one of his COMMUNICATIONS the only event in the U.S. for him prior secretaries. The following communications were to his record attempt in France. f laid before the Senate, together with Officials with the Dodge Tour de accompanying papers, reports, and doc- Georgia project a $20 to $30 million EXECUTIVE MESSAGES REFERRED uments, and were referred as indicated: boost to the Georgia economy. The pro- As in executive session the Presiding EC–7260. A communication from the Regu- motional and media value provided to Officer laid before the Senate messages lations Coordinator, Centers for Medicare its charitable beneficiary, the Georgia from the President of the United and Medicaid Services, Department of Cancer Coalition, is expected to sur- States submitting sundry nominations Health and Human Services, transmitting, pass $2.5 million, doubling the number which were referred to the appropriate pursuant to law, the report of a rule entitled from 2003. The 2004 Dodge Tour de committees. ‘‘Medicare Program; Elimination of State- Georgia, the country’s premier, profes- (The nominations received today are ment of Intent Procedures for Filing Medi- sional cycling stage race, will visit 60 printed at the end of the Senate pro- care Claims’’ (RIN0938–AK79) received on of Georgia’s 159 counties in 6 days, April 27, 2004; to the Committee on Finance. ceedings.) EC–7261. A communication from the White from Tuesday, April 20 to Sunday, f House Liaison, Department of the Treasury, April 25. MESSAGE FROM THE HOUSE transmitting, pursuant to law, the report of As a world-class sporting event, the a vacancy, designation of acting officer, and Dodge Tour de Georgia is defined in At 2:08 p.m., a message from the nomination for the position of Under Sec- part by the 120 elite, professional cy- House of Representatives, delivered by retary for Domestic Finance, Department of

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4686 CONGRESSIONAL RECORD — SENATE April 29, 2004 the Treasury, received on April 27, 2004; to gram; to the Committee on Governmental EC–7287. A communication from the Direc- the Committee on Finance. Affairs. tor, Administrative Office of the United EC–7262. A communication from the Acting EC–7275. A communication from the Gen- States Courts, transmitting, pursuant to Chief, Publications and Regulations Branch, eral Counsel, Department of the Treasury, law, a report relative to the interception of Internal Revenue Service, transmitting, pur- transmitting, pursuant to law, a report rel- wire, oral, or electronic communications; to suant to law, the report of a rule entitled ative to asset management and the payment the Committee on the Judiciary. ‘‘EP Determination Letter Program’’ (Ann. of benefits for certain District of Columbia EC–7288. A communication from the Sec- 2004–32) received on April 27, 2004; to the employees; to the Committee on Govern- retary, Judicial Conference of the United Committee on Finance. mental Affairs. States, transmitting, pursuant to law, a re- EC–7263. A communication from the Acting EC–7276. A communication from the Ad- port relative to funds for the Conference; to Chief, Publications and Regulations Branch, ministrator, General Services Administra- the Committee on the Judiciary. Internal Revenue Service, transmitting, pur- tion, transmitting, a draft of proposed legis- EC–7289. A communication from the Chief, suant to law, the report of a rule entitled lation relative to child care facilities; to the Regulations and Procedures Division, trans- ‘‘Applicable Federal Rates—May 2004’’ (Rev. Committee on Governmental Affairs. mitting, pursuant to law, the report of a rule Rul. 2004–44) received on April 27, 2004; to the EC–7277. A communication from the Chair- entitled ‘‘Temecula Valley Viticultural Area Committee on Finance. man, National Endowment for the Human- (2001R–280P)’’ (RIN1513–AA40) received on EC–7264. A communication from the Acting ities, transmitting, pursuant to law, the En- April 27, 2004; to the Committee on the Judi- Chief, Publications and Regulations Branch, dowment’s Fiscal Year 2003 Performance Re- ciary. Internal Revenue Service, transmitting, pur- port; to the Committee on Governmental Af- EC–7290. A communication from the Chief suant to law, the report of a rule entitled fairs. Justice, Supreme Court of the United States, ‘‘Request for Comments on Pre-Approved EC–7278. A communication from the Chair- transmitting, pursuant to law, a report rel- Plans’’ (Ann. 2004–33) received on April 27, man, Federal Trade Commission, transmit- ative to the Federal Rules of Criminal Proce- 2004; to the Committee on Finance. ting, pursuant to law, the report of the Of- dure; to the Committee on the Judiciary. EC–7265. A communication from the Acting fice of Inspector General for the period end- EC–7291. A communication from the Chief Chief, Publications and Regulations Branch, ing September 30, 2003; to the Committee on Justice, Supreme Court of the United States, Internal Revenue Service, transmitting, pur- Governmental Affairs. transmitting, pursuant to law, a report rel- suant to law, the report of a rule entitled EC–7279. A communication from the Direc- ative to the Federal Rules of Bankruptcy ‘‘Partner’s Distributive Share: Foreign Tax tor, Office of Personnel Management, trans- Procedure; to the Committee on the Judici- Expenditures’’ (TD9121) received on April 27, mitting, pursuant to law, the report of a rule ary. 2004; to the Committee on Finance. entitled ‘‘Prevailing Rate Systems; Change EC–7292. A communication from the Assist- EC–7266. A communication from the Acting in the Survey Month for the Bureau of Rec- ant Attorney General, Department of Jus- Chief, Publications and Regulations Branch, lamation Mid-Pacific Region Survey’’ tice, Office of Legislative Affairs, transmit- Internal Revenue Service, transmitting, pur- (RIN3206–AK06) received on April 27, 2004; to ting, pursuant to law, a report relative to suant to law, the report of a rule entitled the Committee on Governmental Affairs. the Office of Correctional Job Training and ‘‘Notice: Split-Interest Trust Distributions EC–7280. A communication from the Direc- Placement; to the Committee on the Judici- to Private Foundations: Distributable tor, Office of Personnel Management, trans- ary. Amount’’ (Notice 2004–36) received on April mitting, pursuant to law, the report of a rule EC–7293. A communication from the Chair- 27, 2004 ; to the Committee on Finance. entitled ‘‘Prevailing Rate Systems; Redefini- person, Commission on Civil Rights, trans- EC–7267. A communication from the Acting tion of the North Dakota and Duluth, MN, mitting, pursuant to law, a report relative to Chief, Publications and Regulations Branch, Appropriated Fund Wage Areas’’ (RIN3206– federal funding of programs intended to as- Internal Revenue Service, transmitting, pur- AJ78) received on April 27, 2004; to the Com- sist Native Americans; to the Committee on suant to law, the report of a rule entitled mittee on Governmental Affairs. the Judiciary. ‘‘Notice: Trust and Estate Distributions to EC–7281. A communication from the Chair- EC–7294. A communication from the Chair- Private Foundations: Net Investment In- man, Occupational Safety and Health Review person, Commission on Civil Rights, trans- come’’ (Notice 2004–35) received on April 27, Commission, transmitting, pursuant to law, mitting, pursuant to law, a report entitled 2004; to the Committee on Finance. the Commission’s Fiscal Year 2003 Annual ‘‘Not in My Backyard: Executive Order 12898 EC–7268. A communication from the Presi- Program Performance Report; to the Com- and Title VI as Tools for Achieving Environ- dent of the United States, transmitting, pur- mittee on Governmental Affairs. mental Justice’’; to the Committee on the suant to law, a report relative to post-libera- EC–7282. A communication from the Dep- Judiciary. tion Iraq; to the Committee on Foreign Rela- uty Associate Administrator, Environmental EC–7295. A communication from the Direc- tions. Protection Agency, transmitting, a docu- tor, Regulations Management, Board of Vet- EC–7269. A communication from the Assist- ment related to the Agency’s regulatory pro- erans’ Appeals, transmitting, pursuant to ant Legal Adviser for Treaty Affairs, Depart- grams; to the Committee on Agriculture, Nu- law, the report of a rule entitled ‘‘Board of ment of State, transmitting, pursuant to trition, and Forestry. Veterans’ Appeals: Rules of Practice—Med- law, the report of texts and background EC–7283. A communication from the Dep- ical Opinions From the Veterans’ Health Ad- statements of international agreements, uty Associate Administrator, Environmental ministration’’ (RIN2900–AK52) received on other than treaties; to the Committee on Protection Agency, transmitting, pursuant April 29, 2004; to the Committee on Veterans’ Foreign Relations. to law, the report of a rule entitled Affairs. EC–7270. A communication from the Direc- ‘‘Cirtronellol; Exemption From the Require- f tor, Office of Personnel Management, trans- ment of a Tolerance’’ (FRL#7351–6) received mitting, pursuant to law, the report of the on April 28, 2004; to the Committee on Agri- REPORTS OF COMMITTEES Office of Inspector General for the period of culture, Nutrition, and Forestry. The following reports of committees April 1, 2003 through September 30, 2003; to EC–7284. A communication from the Dep- were submitted: the Committee on Governmental Affairs. uty Associate Administrator, Environmental By Mr. INHOFE, from the Committee on EC–7271. A communication from the Chair- Protection Agency, transmitting, pursuant Environment and Public Works, with an man and Chief Executive Officer, Farm Cred- to law, the report of a rule entitled ‘‘OPP amendment in the nature of a substitute: it Administration, transmitting, pursuant to Pesticide Research and Training Program; S. 1486. A bill to amend the Toxic Sub- law, the report of the Office of Inspector Notice of Funds’’ (FRL#7352–4) received on stances Control Act and the Federal Insecti- General for the period of October 1, 2003 April 28, 2004; to the Committee on Agri- cide, Fungicide, and Rodenticide Act to im- through March 31, 2003; to the Committee on culture, Nutrition, and Forestry. plement the Stockholm Convention on Per- Governmental Affairs. EC–7285. A communication from the Con- sistent Organic Pollutants, the Protocol on EC–7272. A communication from the In- gressional Review Coordinator, Animal and Persistent Organic Pollutants to the Conven- spector General, Nuclear Regulatory Com- Plant Health Inspection Service, Department tion on Long-Range Transboundary Air Pol- mission, transmitting, pursuant to law, the of Agriculture, transmitting, pursuant to lution, and the Rotterdam Convention on the Inspector General’s Fiscal Year 2003 Per- law, the report of a rule entitled ‘‘Infectious Prior Informed Consent Procedure for Cer- formance Report; to the Committee on Gov- Salmon Anemia; Payment of Indemnity’’ tain Hazardous Chemicals and Pesticides in ernmental Affairs. (Doc. No. 01–126–2) received on April 29, 2004; International Trade (Rept. No. 108–256). EC–7273. A communication from the Chair- to the Committee on Agriculture, Nutrition, By Mr. HATCH, from the Committee on man, Federal Maritime Commission, trans- and Forestry. the Judiciary, without amendment: mitting, pursuant to law, the Commission’s EC–7286. A communication from the Con- H.R. 1561. A bill to amend title 35, United Final Annual Performance Plan for Fiscal gressional Review Coordinator, Animal and States Code, with respect to patent fees, and Year 2005; to the Committee on Govern- Plant Health Inspection Service, Department for other purposes. mental Affairs. of Agriculture, transmitting, pursuant to By Mr. LUGAR, from the Committee on EC–7274. A communication from the Ad- law, the report of a rule entitled ‘‘Imported Foreign Relations, without amendment and ministrator, General Services Administra- Fire Ant; Additions to Quarantined Areas’’ with a preamble: tion, transmitting, pursuant to law, a report (Doc. No. 03–109–1) received on April 29, 2004; S. Res. 332. A resolution observing the relative to the Administration’s Fiscal Year to the Committee on Agriculture, Nutrition, tenth anniversary of the Rwandan Genocide 2004 Capital Investment and Leasing Pro- and Forestry. of 1994.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4687 By Mr. HATCH, from the Committee on Air Force nomination of Col. Ronnie D. Army nomination of Harold B. Snyder III. the Judiciary, without amendment and with Hawkins, Jr. Army nomination of Danny L. McGraw. a preamble: Air Force nomination of Col. Danny K. Army nomination of Richard A. Stebbins. S. Res. 334. A resolution designating May Gardner. Army nomination of Otha Myles. 2004 as National Electrical Safety Month. Air Force nomination of Col. Richard R. Army nomination of Jerry M. Brown. By Mr. LUGAR, from the Committee on Moss. Army nomination of Frank G. Atkins. Foreign Relations, without amendment and Army nomination of Lt. Gen. Dan K. Army nomination of James R. Vandergrift. with a preamble: McNeill. Marine Corps nominations beginning Mark S. Res. 344. A resolution welcoming the Army nominations beginning Brigadier A. Adams and ending Erin L. Zellers, which Prime Minister of Singapore on the occasion General Gary L. Border and ending Brigadier nominations were received by the Senate and of his visit to the United States, expressing General John A. Yingling, which nomina- appeared in the Congressional Record on gratitude to the Government of Singapore tions were received by the Senate and ap- January 22, 2004. for its support in the reconstruction of Iraq peared in the Congressional Record on May Marine Corps nominations beginning and its strong cooperation with the United 14, 2004. Christopher J. Aaby and ending Mark W. States in the campaign against terrorism, Army nominations beginning Colonel John Zipsie, which nominations were received by and reaffirming the commitment of the Sen- C. Adams and ending Colonel Francis J. the Senate and appeared in the Congres- ate to the continued expansion of friendship Wiercinski, which nominations were received sional Record on January 22, 2004. and cooperation between the United States by the Senate and appeared in the Congres- Marine Corps nominations beginning Mat- and Singapore. sional Record on March 19, 2003. thew T. Ashe, Jr. and ending Jason D. By Mr. HATCH, from the Committee on Navy nomination of Capt. Richard J. Wal- Young, which nominations were received by the Judiciary, with an amendment in the na- lace. the Senate and appeared in the Congres- ture of a substitute: Navy nomination of Capt. Harold L. Robin- sional Record on January 28, 2004. S. 1932. A bill to provide criminal penalties son. Marine Corps nominations beginning An- for unauthorized recording of motion pic- Mr. WARNER. Mr. President, for the drew T. Fink and ending Nick Trujillo, tures in a motion picture exhibition facility, which nominations were received by the Sen- Committee on Armed Services I report ate and appeared in the Congressional to provide criminal and civil penalties for favorably the following nomination unauthorized distribution of commercial Record on January 28, 2004. prerelease copyrighted works, and for other lists which were printed in the RECORDs Marine Corps nominations beginning Cur- purposes. on the dates indicated, and ask unani- tis S. Ames and ending Steven M. Zotti, By Mr. LUGAR, from the Committee on mous consent, to save the expense of which nominations were received by the Sen- Foreign Relations, with an amendment in reprinting on the Executive Calendar ate and appeared in the Congressional the nature of a substitute: that these nominations lie at the Sec- Record on January 28, 2004. S. 2092. A bill to address the participation retary’s desk for the information of Marine Corps nominations beginning Trav- is R. Avent and ending Mark B. Windham, of Taiwan in the World Health Organization. Senators. By Mr. HATCH, from the Committee on which nominations were received by the Sen- The PRESIDING OFFICER. Without ate and appeared in the Congressional the Judiciary, without amendment: objection, it is so ordered. S. 2107. A bill to authorize an annual ap- Record on April 6, 2004. propriations of $10,000,000 for mental health Air Force nominations beginning Elwood Marine Corps nomination of David C. Cox. courts through fiscal year 2009. M. Barnes and ending Rex A. Williams, Navy nomination of Melissa A. Harvison. S. 2192. A bill to amend title 35, United which nominations were received by the Sen- Navy nominations beginning Victoria T. States Code, to promote cooperative reate and appeared in the Congressional Crescenzi and ending Joseph Zuliani, which search involving universities, the public sec- Record on October 16, 2003. nominations were received by the Senate and tor, and private enterprises. Air Force nominations beginning Dwight appeared in the Congressional Record on S. 2237. A bill to amend chapter 5 of title R. Braswell and ending Karen H. Stocks, April 6, 2004. Navy nomination of Scott F. Murray. 17, United States Code, to authorize civil which nominations were received by the Sen- By Mr. SHELBY for the Committee on copyright enforcement by the Attorney Gen- ate and appeared in the Congressional Banking, Housing, and Urban Affairs. eral, and for other purposes. Record on February 2, 2004. *Cathy M. MacFarlane, of Virginia, to be By Mr. LUGAR, from the Committee on Air Force nominations beginning Richard an Assistant Secretary of Housing and Urban Foreign Relations, without amendment: J. Burling, Jr. and ending Robert L. Development. S. 2264. A bill to require a report on the Tullman, which nominations were received *Dennis C. Shea, of Virginia, to be an As- conflict in Uganda, and for other purposes. by the Senate and appeared in the Congres- sistant Secretary of Housing and Urban De- By Mr. LUGAR, from the Committee on sional Record on April 6, 2004. velopment. Foreign Relations, with amendments: Air Force nomination of Aram M. Donigan. *Romolo A. Bernardi, of New York, to be S. 2292. A bill to require a report on acts of Air Force nomination of Vincent F. Carr. Deputy Secretary of Housing and Urban De- anti-Semitism around the world. Air Force nomination of Daniel J. Courtois. velopment. By Mr. LUGAR, from the Committee on By Mr. LUGAR for the Committee on For- Foreign Relations, with an amendment in Air Force nomination of Charles G. Stitt. Air Force nomination of Ronald E. eign Relations. the nature of a substitute and with an *Constance Berry Newman, of Illinois, to amended preamble: Rikansrud. Air Force nominations beginning Jeffrey be an Assistant Secretary of State (African S.J. Res. 33. A joint resolution expressing A. Bailey and ending Terry G. Hoehne, which Affairs). support for freedom in Hong Kong. nominations were received by the Senate and *Roger Francisco Noriega, of Kansas, to be By Mr. LUGAR, from the Committee on appeared in the Congressional Record on a Member of the Board of Directors of the Foreign Relations, without amendment and April 8, 2004. Inter-American Foundation for a term expir- with a preamble: Air Force nomination of Steven M. Hill. ing September 20, 2006. S. Con. Res. 100. A concurrent resolution Air Force nomination of John J. Deresky. *Fayza Veronique Boulad Rodman, of the celebrating 10 years of majority rule in the Air Force nominations beginning Heidi C. District of Columbia, to be a Member of the Republic of South Africa and recognizing the Bertram and ending Thomas C. Wisler, Jr., Broadcasting Board of Governors for a term momentous social and economic achieve- which nominations were received by the Sen- expiring August 13, 2006. ments of South Africa since the institution ate and appeared in the Congressional *Paul V. Applegarth, of Connecticut, to be of democracy in that country. Record on April 8, 2004. Chief Executive Officer, Millennium Chal- f Air Force nomination of John D. Adams. lenge Corporation. Army nominations beginning Thomas A. *Constance Berry Newman, Assistant Sec- EXECUTIVE REPORTS OF Burgess and ending John R. Stefanovich, retary of State (African Affairs), to be a COMMITTEES which nominations were received by the Sen- Member of the Board of Directors of the Afri- can Development Foundation for a term ex- The following executive reports of ate and appeared in the Congressional Record on March 22, 2004. piring September 27, 2009. committees were submitted: Army nominations beginning Timothy J. *Scott H. DeLisi, of Minnesota, a Career By Mr. WARNER for the Committee on Callahan and ending Ronald O. Gienapp, Member of the Senior Foreign Service, Class Armed Services. which nominations were received by the Sen- of Counselor, to be Ambassador Extraor- Air Force nominations beginning Brigadier ate and appeared in the Congressional dinary and Plenipotentiary of the United General James B. Armor, Jr. and ending Record on March 22, 2004. States of America to the State of Eritrea. Brigadier General Donald C. Wurster, which Army nomination of Leo L. Bennett. *Aubrey Hooks, of Virginia, a Career Mem- nominations were received by the Senate and Army nomination of James D. Jones. ber of the Senior Foreign Service, Class of appeared in the Congressional Record on Army nomination of Jorge L. Romeu. Minister-Counselor, to be Ambassador Ex- February 9, 2004. Army nomination of Craig D. Hartranft. traordinary and Plenipotentiary of the Air Force nomination of Brig. Gen. Wil- Army nomination of Willis C. Hunter. United States of America to the State to the liam L. Shelton. Army nomination of Dana R. Yetton. Republic of Cote d’Ivoire.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4688 CONGRESSIONAL RECORD — SENATE April 29, 2004 (The following is a list of all members of 5. Grandparents: Rolfe Robertson, de- $250, 8/12/2002, Thornberry for Congress; my immediate family and their spouses. I ceased; Richard F. Cleveland, deceased; Anne $50, 1/10/2003, US English, Inc.; have asked each of these persons to inform P. Robertson, deceased; Ellen G. Cleveland, $50, 2/10/2003, Republican National Com- me of the pertinent contributions made by deceased. mittee; them. To the best of my knowledge, the in- 6. Brothers and Spouses: none. $25, 5/16/2003, Republican National Com- formation contained in this report is com- 7. Sisters and Spouses: Elizabeth A. Rob- mittee; plete and accurate.) ertson (Rowe), none; Daniel Rowe, none; $2000, 6/10/2003, Bush/Cheney 2004; Nominee: Aubrey Hooks. Ruth C. Robertson, none; Stephen $300, 8/25/2003, Thornberry for Congress. Post: Cote d’Ivoire. Abarbanel, none. John J. Lovell, Stepfather: $1000, 3/31/1999, Contributions, Amount, Date, and Donee: Bush for President; $1000, 6/10/1999, Tom Udall 1. Self, none. *Miles T. Bivins, of Texas, to be Ambas- for US; $1000 5/31/2000, Tom Udall for US; 2. Spouse, none. sador Extraordinary and Plenipotentiary of $1000, 1/19/2002, Tom Udall for US Campaign. 3. Children and Spouses: Leah Jean Hooks the United States of America to Sweden. 5. Grandparents, N/A. Billings—Kevin Billings, none; Michael Au- (The following is a list of all members of 6. Mark Ernest Bivins, Brother: brey Hooks—Sandra Montero Hooks, none; my immediate family and their spouses. I $1000, 3/10/1999, George W. Bush for Presi- Keren Jean Hooks Lundy—Michael Lundy, have asked each of these persons to inform dent; none; Joseph Aubrey Hooks, none; Daniel me of the pertinent contributions made by $500, 4/23/1999, Texas Cattle Feeders Assn. Aubrey Hooks, none; Stephanie Jean Hooks, them. To the best of my knowledge, the in- Beef-Pac; none. formation contained in this report is com- $100, 11/10/1999, Thornberry for Congress; 4. Parents: P.C. Hooks, deceased; Sallie plete and accurate.) $900, 2/24/2000, Thornberry for Congress; Mae Floyd Hooks, deceased. Nominee: Miles Teel Bivins. $500, 4/10/2000, Texas Cattle Feeders Assn. 5. Grandparents: Herbert Troy Hooks, de- Contributions, Amount, Date, and Donee: Beef-Pac; ceased; Eppie Dell Sarvis Hooks, deceased; 1. Miles Teel Bivins: $100, 10/10/2000, Thornberry for Congress; Oscar Floyd, deceased; Bessie Jan Gerrald $250, 2/15/1999, Mac Thornberry for Congress $500, 3/09/2001, Texas Cattle Feeders Assn. Floyd, deceased. Committee; Beef-Pac; 6. Brothers and Spouses: Cecil Wayne $500, 4/15/1999, Texas Cattle Feeders Assn. $1000, 9/25/2001, Thornberry for Congress; Hooks—Linda Jean Elliott Hooks, none; Beef-Pac; $500, 4/08/2002, John Cornyn for Senate; $500, 4/25/2002, Texas Cattle Feeders Assn. Jimmy Hooks, deceased; Johnnie Hooks, $1000, 6/29/1999, George W. Bush for Presi- Beef-Pac; none; Ricky Hooks, none. dent; $1500, 7/10/2002, John Cornyn for Senate; 7. Sisters and Spouses: Wanda Jane Hooks $250, 12/13/1999, Mac Thornberry for Con- $500, 3/25/2003, Texas Cattle Feeders Assn. Graham—Michael Graham, none; Mable gress Committee; Beef-Pac; Yvonne Hooks, none; Betty Gail Hooks, $500, 3/15/2000, Texas Cattle Feeders Assn. $2000, 6/10/2003, Bush Cheney 04. none; Judy Pearl Hooks Laxton—Newton Beef-Pac; Ellen Smith Bivins, Spouse: $1000, 3/17/1999, Laxton, none; Jackie Darnell Hooks Strick- $250, 9/12/2000, Kay Bailey Hutchison for George W. Bush for President; $1000, 2/28/2000, land—Nelson Strickland, none. Senate; Thornberry for Congress; $1000, 7/18/2002, $1000, 9/26/2000, Mac Thornberry for Con- John Cornyn for Senate; $2000, 6/10/2003, Bush *Craig A. Kelly, of California, a Career gress Committee; Cheney 04. Member of the Senior Foreign Service, Class $500, 3/06/2001, Texas Cattle Feeders Assn. of Minister Counselor, to be Ambassador Ex- 7. Thomas Peyton Bivins, Brother: Beef-Pac; $250, 2/12/1999, Thornberry for Congress; traordinary and Plenipotentiary of the $250, 3/19/2001, Mac Thornberry for Congress United States of America to the Republic of $500, 4/27/1999, Texas Cattle Feeders Assn. Committee; Beef-Pac; Chile. $750, 10/15/2001, Mac Thornberry for Con- (The following is a list of all members of $1000, 5/26/1999, Bush for President Inc.; gress Committee; $500, 3/09/2000, Texas Cattle Feeders Assn. my immediate family and their spouses. I $1000, 11/12/2001, John Cornyn for Senate; have asked each of these persons to inform Beef-Pac; $1000, 6/11/2002, John Cornyn for Senate; $2000, 6/19/2000, National Republican Com- me of the pertinent contributions made by $1000, 8/05/2002, James Talent for Senate them. To the best of my knowledge, the in- mittee; Committee; $50, 8/24/2000, Thornberry for Congress; formation contained in this report is com- $1000, 8/06/2002, Norm Coleman for Senate; plete and accurate.) $500, 9/21/2000, Thornberry for Congress; $1000, 8/08/2002, John R. Thune for Senate; $500, 3/06/2001, Texas Cattle Feeders Assn. Nominee: Craig A. Kelly. $1000, 8/16/2002, Thomas Jeb Hensarling Post: U.S. Ambassador to Chile. Beef-Pac; Committee; Contributions, Amount, Date, and Donee: $500, 3/25/2002, Texas Cattle Feeders Assn. 1. Self, N/A. $2000, 6/17/2003, Bush/Cheney 04; Beef-Pac; 2. Spouse, N/A. $250, 8/25/2003, Mac Thornberry for Congress $250, 4/24/2002, Thornberry for Congress; 3. Children and Spouses, N/A. Committee. $1000, 7/09/2002, John Cornyn for Senate; 4. Parents: Connie Kelly (mother) $50 per 2. Patricia Hamilton Bivins, Spouse: $1000, $250, 9/10/2002, Thornberry for Congress; year, 2000–2003, Rep. Ed. Royce. 4/26/1999, Bush for President. $500, 12/26/2002, Texas Cattle Feeders Assn. 5. Grandparents, N/A. 3. Andrew M. Bivins, Son: $1000, 6/30/1999, Beef-Pac. 6. Brothers and Spouses: Peter D. Kelly Bush for President; $2000, 6/26/2003, Bush-Che- Julie H. Bivins, Spouse: $1000, 5/26/1999, (brother) $250, 2003—Rep. Gephardt; $1000, ney 04. Bush for President; $1000, 7/18/2002, John Cor- 2003—Sen. Kerry; $1000, 2001–Sen. Boxer; $500, 4. Betty Teel Bivins Lovell, Mother: nyn for Senate. 2003—Rep. Royball-Allard; $1000, 2002—Rep. $1000, 3/10/1999, Bush for President; Royball-Allard; $500, 2003–Rep. Loretta San- $80, 3/10/1999, US English, Inc.; *Marc McGowan Wall, of Virginia, a Career chez; $1000, 2003–Rep. Harman; $1000, 2002— $50, 5/10/1999, US English, Inc.; Member of the Senior Foreign Service, Class Rep. Harman. $50, 6/10/1999, US English, Inc.; of Minister-Counselor, to be Ambassador Ex- 7. Sisters and Spouses, N/A. $50, 8/10/1999, US English, Inc.; traordinary and Plenipotentiary of the $50, 2/09/2000, US English, Inc.; United States of America to the Republic of *Thomas Bolling Robertson, of Virginia, a $50, 2/24/2000, Republican National Com- Chad. Career Member of the Senior Foreign Serv- mittee; (The following is a list of all members of ice, Class of Counselor, to be Ambassador Ex- $500, 2/24/2000, Thornberry for Congress; my immediate family and their spouses. I traordinary and Plenipotentiary of the $250, 8/10/2000, Kay Bailey Hutchison for have asked each of these persons to inform United States of America to the Republic of Senate; me of the pertinent contributions made by Slovenia. $100, 8/10/2000, Thornberry for Congress; them. To the best of my knowledge, the in- (The following is a list of all members of $50, 8/24/2000, Republican National Com- formation in this report is complete and ac- my immediate family and their spouses. I mittee; curate.) have asked each of these persons to inform $50 8/24/2000, US English, Inc.; Nominee: Marc McGowan Wall. me of the pertinent contributions made by $50 9/14/2000, US English, Inc.; Post: Ambassador to Chad. them. To the best of my knowledge, the in- $50 10/19/2000, US English, Inc.; Contributions, Amount, Date, and Donee: formation contained in this report is com- $100, 10/25/2000, Thornberry for Congress; 1. Self: none. plete and accurate.) $250, 2/26/2001, Thornberry for Congress; 2. Spouse: none. Nominee: Thomas B. Robertson. $50, 2/26/2001, US English, Inc.; 3. Children and Spouses: Gregory Wall, Post: U.S. Ambassador to Slovenia. $50, 4/09/2001, Republican National Com- none; Sarah Wall, none. Contributions, Amount, Date and Donee: mittee; 4. Parents: Maurice E. Wall, deceased; 1. Self, none. $80, 9/10/2001, US English, Inc.; Marilyn M. Hardin, none. 2. Spouse, none. $500, 10/10/2001, Thornberry for Congress; 5. Grandparents: Charles Wall, deceased; 3. Children and Spouses: Thomas G. Rob- $250, 6/10/2002, John Cornyn for Senate; Irene Wall, deceased; Louis Murrah, de- ertson, none; Elizabeth T. Robertson, none. $50, 6/10/2002, Republican National Com- ceased; Merle Murrah, deceased. 4. Parents: T. Bolling Robertson, deceased; mittee; 6. Brothers and Spouses: Chris R. Wall: Ann C. Robertson, none. $1750, 7/10/2002, John Cornyn for Senate; $1,000, 9/11/00, DC Republican Committee;

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4689 $500, 10/19/00, Republican National Com- Nominee: Michael C. Polt. 6/17/1999, Friends of Cong. Mark Foley, mittee; $250, 11/1/00, Lazio 2000 (New York); Post: Ambassador to Serbia and Monte- $1,000; $100, 11/1/00, Cox for Congress (California); negro. 7/21/1999, Friends of Giuliani, $1,000; $100, 11/1/00, Watts for Congress (Oklahoma); Contributions, Amount, Date, and Donee: 12/9/1999, Greenwood for Congress, $500; $250, 12/2/00, Bush-Cheney Recount Fund; 1. Self: none. 12/16/1999, Dear 2000, $1,000. $1,000, 7/10/01, DC Republican Committee; 2. Spouse: Hallie L. Polt, none. 2. Spouse: Carol Mack: $500, 11/6/01, Bush-Brogan 2002 (Florida); $500, 3. Children and spouses: Nicholas M. Polt, 5/27/2003, Bush-Cheney 04 Inc., $2,000; 12/8/01, Bennett for Senate (Utah); $1,000, 8/15/ single, none; Lindsay M. Polt, single, none. 4/24/2003, Citizens for Arlen Specter, $1,000; 02, DC Republican Committee; $1,000, 12/7/02, 4. Parents: Karl Polt, father, deceased; 2/27/2003, RNC, $25,000; Republican National Committee; $2,000, 3/28/ Margaret Reed, mother, none. 11/19/2002, Suzanne Terrell for Senate, 03, Republican National Committee; $1,000, 6/ 5. Grandparents: Adalbert Riedl, grand- $2,000; 9/03, Bennett for Senate (Utah); $2,000, 9/3/03, father, deceased; Karl Polt, grandfather, de- 10/10/2002, North Carolina Victory Cmte, Republican National Committee; $1,000, 9/3/ ceased; Theresia Riedl, grandmother, de- $5,000; 03, DC Republican Committee; $2,000, 7/2/03, ceased; Maria Polt, grandmother, deceased. 10/2/2002, Friends of Forrester, $2,000; Bush for President. 6. Brothers and spouses: none. 9/24/2002, Susan Collins for Senate, $1,000; Barbara Wall (sister-in-law): $2,000, 7/2/03, 7. Sisters and spouses: Martina C. Polt, sin- 9/23/2002, Thune for Senate, $1,000 (Refunded Bush for President. gle, none. 11/26/02); Thomas M. Wall (brother): $100, 2000, Bill 5/16/2002, Linder for Congress, $1,000; Yellowtail for Congress (MT); $50, 2002, Kalyn *Earle I. Mack, of New York, to be Ambas- 5/14/2002, The Road to 51, $5,000; Free for Congress; $25, 2003, Kalyn Free for sador Extraordinary and Plenipotentiary of 5/2/2002, Dole 2002 Cmte, $1,000; Congress. the United States of America to the Republic 4/22/2002, Walsh for Congress, $1,000; Anita Wall (sister-in-law): none. of Finland. 4/22/2002, Reynolds for Congress, $1,000; 7. Sisters and Spouses: none. (Attached please find a list of all members 11/30/2001, Friends of Sen Carl Levin, $1,000; of my immediate family and their spouses. I 11/8/2001, Friends of Schumer, $1,000; *John Campbell, of Virginia, a Career have asked each of these persons to inform 10/9/2001, Citizens for Biden, $1,000; Member of the Senior Foreign Service, Class me of the pertinent contributions made by 9/3/2001, Dole 2002 Cmte, $1,000; of Minister-Counselor, to be Ambassador Ex- them. To the best of my knowledge, the in- 6/12/2001, Citizens for Biden, $1,000; traordinary and Plenipotentiary of the formation contained in this report is com- 1/29/2001, Lincoln Diaz-Balart for Congress, United States of America to the Federal Re- plete and accurate.) $1,000; public of Nigeria. Nominee: Earle I. Mack. 3/1/2000, Abraham for Senate, $1,000; (The following is a list of all members of Post: Finland. 9/22/2000, Bob Franks for Senate, $1,000; my immediate family and their spouses. I Contributions, Date, Donee, and Amount: 1/19/2000, Bob Franks for Senate, $1,000; have asked each of these persons to inform 1. Self: Earle I. Mack: 10/3/2000, Dear 2000 Inc., $1,000; me of the pertinent contributions made by 5/29/2003, Bush-Cheney 04 Inc, $1,500; 5/30/2000, Lazio 2000, $2,000; them. To the best of my knowledge, the in- 5/19/2003, NTRA PAC, $1,000; 3/13/2003, McCollum for U.S. Senate, $2,000; formation contained in this report is com- 5/2/2003, Missourians for Kit Bond, $1,000; 3/21/2000, Menendez for Congress, Inc., plete and accurate.) 4/23/2003, Citizens for Arlen Specter, $1,000; $1,000; Nominee: John Campbell. 3/12/2003, Shelby for Senate, $1,000; 1/24/2000, NYS Republican Campaign Cmte, Post: Ambassador to the Republic of Nige- 3/9/2003, Specter for Senate, $2,000; $5,000; ria. 2/12/2003, Lisa Murkowski for U.S. Senate, 3/10/2000, Robb for Senate, $500. Contributions, Amount, Date, and Donee: $2,000; 3. Children and Spouses: none. 1. Self: none. 11/19/2002, Suzanne Terrell for Senate, 4. Parents: Ruth Mack, N/A. 2. Spouse: N/A. $1,000; 5. Grandparents: none. 3. Children and Spouses: N/A. 9/23/2002, Thune for Senate, $1,000; 6. Brothers and Spouses: William Mack 4. Parents: Frances J. Campbell (mother), 9/10/2002, Susan Collins for Senate, $1,000; (brother): none. 7/16/2002, Hastert for Congress Committee, 3/13/2003, Friends of Reid, $2,000; 5. Grandparents: N/A. 4/23/2002, Comm Bankers of NY PAC, $500; 6. Brothers and Spouses: N/A. $1,000; 6/12/2003, Cmte to Re-elect Max Baucus, 7. Sisters and Spouses: N/A. 7/16/2002, Dole 2002 Committee, Inc., $1,000; 5/2/2002, New York Republican St Comm, $1,000; *John J. Danilovich, of California, to be $1,000; 6/23/2003, Pete King for Congress, $1,000; Ambassador Extraordinary and Pleni- 4/20/2002, Cantor for Congress, $1,000; 6/24/2003, John Kerry for President, $1,500; potentiary of the United States of America 4/22/2002, Walsh for Congress, $1,000; 1/30/2002, Friends of Landrieu & Carnahan, to the Federative Republic of Brazil. 4/22/2002, Republican Jewish Coalition PAC, $2,000; (The following is a list of all members of $2,500; 2/5/2002, ROCPAC, $2,000; my immediate family and their spouses. I 4/22/2002, McConnell Senate Cmte., $1,000; 4/9/2002, HANY’s PAC Federal, $5,000; have asked each of these persons to inform 4/22/2002, Reynolds for Congress, $1,000; 6/3/2002, Toricelli for U.S. Senate, $2,000; me of the pertinent contributions made by 4/22/2002, Quinn for Congress, $1,000; 6/14/2002, Community Bankers Assn of NY them. To the best of my knowledge, the in- 4/12/2002, Thune for South Dakota, $500; PAC, $500; formation contained in this report is com- 3/28/2002, Friends of Mark Foley, $1,000; 6/19/2002, Nelson for Senate, $1,000; 6/21/2002, Friends of Chris Dodd 2004, $2,000; plete and accurate.) 1/11/2002, People for Pete Domenici, $1,000; Nominee: John J. Danilovich. 10/10/2001, Citizens for Biden, $1,000; 7/2/2002, Bowles for Senate, $2,000; Post: Ambassador/The Federative Republic 9/24/2001, Dole 2002 Cmte, $1,000; 9/9/2002, Friends of Tom Harkin, $1,000; of Brazil. 8/6/2001, People for Pete Domenici, $1,000; 10/8/2002, Lautenberg for Senate, $1,000; Contributions, Amount, Date, and Donee: 4/19/2001, RNC, $15,000; 10/8/2002, 2002 Victory Fund (NJ Dem State 1. Self: $1,000.00, 04/99, Bush for President 1/30/2001, Diaz-Balart for Congress, $1,000; Cmte), $2,000; Inc.; $20,000.00, 10/00, Republican Nat’l Com- 10/23/2000, Florida Victory 2000 Republican 2/16/2001, Max Cleland for Senate, $2,000; mittee. Party of Florida, $5,000; 2/16/2001, Dick Durbin for Senate, $2,000; 2. Spouse: none. 8/24/2000, Grucci for Congress, $500; 3/19/2001, Friends of Tom Harkin, $1,000; 3. Children and Spouses: none. 6/12/2000, Shelby for Senate, $1,000; 3/19/2001, Friends of Max Baucus, $1,000; 4. Parents: none. 5/31/2000, Snowe for Senate, $1,000; 5/4/2001, Friends of Schumer, $1,000; 5. Grandparents: none. 4/19/2000, Friends of Giuliani Expl. Cmte., 6/26/2001, Friends of Max Baucus, $1,000; 6. Brothers and Spouses: none. $1,000 (Refunded 5/31/00); 11/27/2001, Friends of Sen. Carl Levin, $2,000; 7. Sisters and Spouses: Joan M. Danilovich: 3/13/2000, McCollum for US Senate, $2,000; 3/6/2001, Friends of Max Cleland, $1,000; $1,000.00, 05/99, Bush for President Inc. 3/6/2000, NY Repub. County Delegates, $5,000 6/20/2001, Gordon Smith for Senate, $1,000; (Refunded 8/8/2000); 12/11/2001, Friends of Carl Levin, $1,000; *Michael Christian Polt, of Tennessee, a 1/24/2000, Grams for Senate, $1,000; 1/12/2000, Friends of Schumer, $1,000; Career Member of the Senior Foreign Serv- 1/20/2000, Zimmer 2000, $1,000; 1/21/2000, Bill Bradley for President, $1,000; ice, Class of Minister-Counselor, to be Am- 1/19/2000, NY Republican County Cmte., 2/14/2000, A Lot of People for Dave Obey, bassador Extraordinary and Plenipotentiary $2,500; $1,000; of the United States of America to Serbia 1/21/2000, Morrisey for Congress, $1,000; 3/8/2000, Robb for Senate, $1,000; and Montenegro. 2/4/1999, Hastert for Congress Cmte., $1,000; 3/20/2000, Menendez for Congress Inc., $1,000; (The following is a list of all members of 1/16/1999, Torricelli for US Senate, $2,000; 4/17/2000, Knollenberg for Congress Cmte, my immediate family and their spouses. I 4/5/1999, Elizabeth Dole for President, $500; have asked each of these persons to inform $1,000; 4/25/2000, Friends of Cong. Michael Forbes, me of the pertinent contributions made by 5/24/1999, Republican Leadership Council, $1,000; them. To the best of my knowledge, the in- $5,000; 4/25/2000, Friends of Cong. Michael Forbes, formation contained in this report is com- 6/6/1999, George W Bush Exploratory Cmte., $1,000; plete and accurate.) $1,000; 10/5/2000, P. King for Congress, $1,000;

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4690 CONGRESSIONAL RECORD — SENATE April 29, 2004 7/26/2000, Lazio 2000, $2,000; Tammy Mack (sister-in-law): N/A. have asked each of these persons to inform 1/28/1999, Lieberman 2000, $2,000 (Check 7. Sisters and Spouses: none. me of the pertinent contributions made by never cashed); them. To the best of my knowledge, the in- 3/15/1999, Gore 2000, $1,000; *John M. Ordway, of California, a Career formation contained in this report is com- 3/23/1999, Robb for Senate, $1,000; member of the Senior Foreign Service, Class plete and accurate.) 4/14/1999, Friends of Giuliani, $2,000 ($1000 of Minister-Counselor, to be Ambassador Ex- Nominee: Thomas N. Hull, III. refunded 6/30/00); traordinary and Plenipotentiary of the Post: Freetown, Sierra Leone. 6/15/1999, Friends of Cong. Mark Foley, United States of America to the Republic of Contributions, Amount, Date, and Donee: $1,000; Kazakhstan. 1. Self: Thomas N. Hull, III, none. 6/17/1999, Gov. George Bush Pres. Expl. (The following is a list of all members of 2. Spouse: Jill P. Hull, none. 3. Children and Spouses: Kirsten E. Hull, Cmte., $1,000 (Refunded 12/13/99); my immediate family and their spouses. I 9/24/1999, Corzine 2000 Inc., $1,000; have asked each of these persons to inform none. 4. Parents: Thomas N. Hull, Jr. (deceased); 1/21/1999, REALPAC, $500; me of the pertinent contributions made by Betty W. Hull (deceased). 10/19/1999, Bush For President, $1,000 (Re- them. To the best of my knowledge, the in- 5. Grandparents: Thomas N. Hull, Sr. (de- funded 12/13/99). formation contained in this report is com- ceased); Laura Hull (deceased); William A. David Mack (brother): plete and accurate.) Williams (deceased); Frances M. Williams 2/19/2003, Lisa Murkowski for US Senate, Nominee: John Ordway. Post: Kazakhstan. Nominated (deceased). $2,000; 6. Brothers and Spouses: none. Contributions, Amount, Date, and Donee: 3/3/2003, RNC, $25,000; 7. Sisters and Spouses: none. 3/10/2003, Citizens for Arlen Specter, $2,000; 1. Self, none. 2. Spouse—Maryjo, none. 3/12/2003, Friends of Harry Reid, $2,000; *Roger A. Meece, of Washington, a Career 3. Children and Spouses: Christopher, none 4/7/2003, Shelby for US Senate, $2,000; Member of the Senior Foreign Service, Class (unmarried); Julia, none (unmarried). 5/22/2003, Comm. To Re-Elect G. Ackerman, of Minister-Counselor, to be Ambassador Ex- $2,000; 4. Parents: Malcolm Ordway (deceased); Helen Ordway (deceased). traordinary and Plenipotentiary of the 5/23/2003, Bush-Cheney 04 Inc, $2,000; United States of America to the Democratic 6/6/2003, Tom Lantos for Congress, $2,000; 5. Grandparents: Earl Ordway (deceased); Pearl Ordway (deceased); Fred Stevenot (de- Republic of the Congo. 6/29/2003, Dean for America, $2,000; (The following is a list of all members of 1/22/2002, Pete King for Congress Cmte, ceased); Adelaide Stevenot (deceased). 6. Brothers and Spouses: Stephen Ordway, my immediate family and their spouses. I $1,000 (Not in FEC Database. Not in King re- have asked each of these persons to inform port); none (unmarried); Mark/Fran Ordway, none. 7. Sisters and Spouses: none. me of the pertinent contributions made by 1/30/2002, Friends of Landrieu & Carnahan, them. To the best of my knowledge, the in- $2,000; *Jack Dyer Crouch II, of Missouri, to be formation contained in this report is com- 5/13/2002, Katrina Swett for Congress Cmte, plete and accurate.) $500; Ambassador Extraordinary and Pleni- potentiary of the United States of America Nominee: Roger A. Meece. 5/29/2002, Friends of Sherwood Boehlert, Post: Ambassador to the Democratic Re- $1,000; to Romania. (The following is a list of all members of public of the Congo. 6/26/2002, Road to 51 Cmte, $5,000; Contributions, Amount, Date, and Donee: my immediate family and their spouses. I 8/13/2002, Pete King for Congress Cmte, 1. Self, none. have asked each of these persons to inform $1,000; 2. Spouse, N/A. 10/2/2002, Forrester 2002, $2,000; me of the pertinent contributions made by 3. Children and Spouses: N/A. 10/4/2002, Friends of Carolyn McCarthy, them. To the best of my knowledge, the in- 4. Parents: Mary Jane Meece, deceased; $1,000; formation contained in this report is com- George Lawrence Meece, deceased. 10/9/2002, Lautenberg for Senate, $1,000; plete and accurate.) 5. Grandparents: All have been deceased for Nominee: Jack Dyer Crouch II. 10/28/2002, Friends of Katrina Swett, $1,000; over 10 years. Post: U.S. Ambassador to Romania. 10/28/2002, Gordon Smith for US Senate 6. Brothers and Spouses: Stephen and Vic- Contributions, Amount, Date, and Donee: 2002, $1,000; toria Meece, none; Lawrence Meece and Bar- 1. Self, none. bara Klempnow $20.00, 2/1/99, Sen. Slade Gor- 12/3/2002, Suzanne Terrell for Senate, $1,000 2. Spouse, none. (Not in FEC Database. Not in Terrell report); ton; $20.00, 8/29/99, Sen. Slade Gorton; $25.00, 3. Children and Spouses: Lara and Jake, 9/4/00, Sen. Slade Gorton; $25.00, 11/2/00, Sen. 1/29/2001, Diaz-Balart for Congress, $1,000; none. 1/31/2001, Pete King for Congress Cmte, Slade Gorton. 4. Parents: Margo M. Munro, none. 7. Sisters and Spouses: N/A. $1,000; 5. Grandparents: Deceased. 6/20/2001, Stevens for Senate, $2,000; 6. Brothers and Spouses: Robert J. Crouch, 9/24/2001, Dole 2002 Cmte, $1,000; *Lauren Moriarty, of Hawaii, a Career none. Member of the Senior Foreign Service, Class 12/5/2001, NY Republican State Cmte, $1,500; 7. Sisters and Spouses: none. 1/18/2000, Friends of Bill Nelson, $1,000; of Minister-Counselor, for the rank of Am- 2/17/2000, DeWine for Senate, $2,000; bassador during her tenure of service as *Jendayi Elizabeth Frazer, of Virginia, to United States Senior Official to the Asia-Pa- 3/7/2000, DeWine for Senate, $1,000 (Re- be Ambassador Extraordinary and Pleni- funded); cific Economic Cooperation Forum. potentiary of the United States of America *Mitchell B. Reiss, of Virginia, for the 1/31/2000, Bill Nelson for US Senate, $1,000; to the Republic of South Africa. 6/12/2000, Lazio 2000, $2,000; rank of Ambassador during his tenure of (The following is a list of all members of service as Special Envoy for Northern Ire- 6/27/2000, Victory 2000 NJ (NJ Repub State my immediate family and their spouses. I Cmte), $5,000; land. have asked each of these persons to inform *James Francis Moriarty, of Virginia, a 9/12/2000, Franks for Senate, $1,000; me of the pertinent contributions made by Career Member of the Senior Foreign Serv- 9/15/2000, Zimmer 2000, $1,000; them. To the best of my knowledge, the in- ice, Class of Minister-Counselor, to be Am- 10/3/2000, King for Congress, $1,000; formation contained in this report is com- 10/4/2000, NY Repub. Fed. Camp. Cmte (Nas- bassador Extraordinary and Plenipotentiary plete and accurate.) of the United States of America to the King- sau County Repub?), $5,000; Nominee: Jendayi Elizabeth Frazer. 3/2/1999, NY Repub. State Cmte., $1,000; dom of Nepal. Post: Ambassador to South Africa. (The following is a list of all members of 3/23/1999, Menendez for Congress, $500; Contributions, Amount, Date, and Donee: my immediate family and their spouses. I 4/22/1999, Elizabeth Dole for President Expl. 1. Self, none. have asked each of these persons to inform Cmte., $1,000; 2. Spouse, N/A. me of the pertinent contributions made by 4/28/1999, Whitman for US Senate, $1,000 3. Children and spouses: N/A. them. To the best of my knowledge, the in- ($650 refunded on 10/19); 4. Parents: Ida Frazer, none; Raymond formation contained in this report is com- 4/29/1999, NY Repub. State Cmte., $1,000; Frazer, none. plete and accurate.) 5/5/1999, Friends of George Allen, $2,000; 5. Grandparents: Bernadine Williams, none. Nominee: James Francis Moriarty. 6/21/1999, Friends of Cong. Mark Foley, 6. Brothers and Spouses: Jame Frazer, Post: Kathmandu, Nepal. $1,000; none. Contributions, Amount, Date, and Donee: 6/25/1999, Bush for President, Inc., $1,000; 7. Sisters and Spouses: Valandra Marie, 1. Self, none. 9/3/1999, Peter King for Congress Cmte., none; Ramona Durham, none. 2. Spouse: Lauren Moriarty, none. $1,000; 3. Children and Spouses: T.F. Mana 11/29/1999, Treffinger for Senate, $4,000 *Thomas Neil Hull III, of New Hampshire, Moriarty, none; Kathleen K. Moriarty, none. (Only $3,000 in FEC Database); a Career Member of the Senior Foreign Serv- 4. Parents: William Moriarty (deceased); 11/29/1999, Gore 2000, $2,000 (Not in FEC ice, Class of Minister-Counselor, to be Am- June Buckley (deceased). Database); bassador Extraordinary and Plenipotentiary 5. Grandparents: Rene Provencal (de- 12/2/1999, Shuster for Congress Cmte., $1,000. of the United States of America to the Re- ceased); Carmel Provencal, none. Fred Mack (brother): N/A. public of Sierra Leone. 6. Brothers and Spouses: Philip G. Phyllis Mack (sister-in-law): N/A. (The following is a list of all members of Moriarty (single), none; Mark F. Moriarty Sondra Mack (sister-in-law): N/A. my immediate family and their spouses. I (single), none.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4691 7. Sisters and Spouses: Margaret Staruk, traordinary and Plenipotentiary of the of Minister-Counselor, to be Ambassador Ex- none; Harry Staruk, none. United States of America to the Socialist traordinary and Plenipotentiary of the Republic of Vietnam. United States of America to the State of Ku- *Michele J. Sison, of Maryland, a Career (The following is a list of all members of wait. Member of the Senior Foreign Service, Class my immediate family and their spouses. I (The following is a list of all members of of Minister-Counselor, to be Ambassador Ex- have asked each of these persons to inform my immediate family and their spouses. I traordinary and Plenipotentiary of the me of the pertinent contributions made by have asked each of these persons to inform United States of America to the United Arab them. To the best of my knowledge, the in- me of the pertinent contributions made by Emirates. formation contained in this report is com- them. To the best of my knowledge, the in- (The following is a list of all members of plete and accurate.) formation contained in this report is com- my immediate family and their spouses. I Nominee: Michael W. Marine. plete and accurate.) have asked each of these persons to inform Post: Ambassador to Vietnam. Nominee: Richard Burdette LeBaron. me of the pertinent contributions made by Contributions, Amount, Date, and Donee: Post: Ambassador to Kuwait. them. To the best of my knowledge, the in- 1. Self, none. Contributions, Amount, Date, and Donee: 2. Spouse: Carmella Angela Marine, none. formation contained in this report is com- 1. Self: Richard B. LeBaron, none. 3. Children and Spouses: Jessica Lee Ma- plete and accurate.) 2. Spouse: Jean F. LeBaron, none. rine, none; Margaret Ross Marine, none. 3. Children and Spouses: none. Nominee: Michele J. Sison. 4. Parents: Margaret M. Marine, none; Her- Post: (Ambassador) U.S. Embassy Abu 4. Parents: Victoria LeBaron (stepmother), man C. Marine (deceased), none. none; Henry B. LeBaron (deceased); Dorothy Dhabi. 5. Grandparents: William O’Halloran (de- Contributions, Amount, Date, and Donee: LeBaron (deceased). ceased), none; Nora O’Halloran (deceased), 5. Grandparents: Herbert and Anastasia 1. Self: Michele J. Sison, none. none; Sven Marine (deceased), none; Caroline 2. Spouse: Jeffrey J. Hawkins, none. Roggo (deceased); Leon & Mary LeBaron (de- Marine (deceased), none. 3. Children and Spouses: (n/a—two minor ceased). 6. Brothers and Spouses: Richard Marine 6. Brothers and Spouses: John & Annette daughters). and Francesca Marine, none; Eric Marine 4. Parents: Pastor Bravo Sison, none; LeBaron, none. and Anna Marine, none. 7. Sisters and Spouses: Rebecca & Donn Veronica T. Sison, none. 7. Sisters and Spouses: Elizabeth Falls and 5. Grandparents: (n/a—deceased). Dunlap, none. Carmen & Michael Kusmak, Bruce Falls, none; Cynthia L. Marine, none; none. 6. Brothers and Spouses: (n/a—no brothers). Susan M. Suhanovsky, none; Pamela M. Lit- 7. Sisters & Spouses: Victoria Sison tle and David Little, none; Margaret A. Ali *Victor Henderson Ashe, of Tennessee, to Morimoto + Miles Morimoto, none; Cynthia and Rasheed Mickey Ali, none; Melissa M. Sison Morrissey + Patrick Morrissey, none. be Ambassador Extraordinary and Pleni- Thiede and Mark Thiede, none; Honoria A. potentiary of the United States of America Williams and Kelly Williams, none. *Thomas Charles Krajeski, of Virginia, a to the Republic of Poland. Career Member of the Senior Foreign Serv- (The following is a list of all members of *Jeffrey D. Feltman, of Ohio, a Career my immediate family and their spouses. I ice, Class of Counselor, to be Ambassador Ex- Member of the Senior Foreign Service, Class traordinary and Plenipotentiary of the have asked each of these persons to inform of Counselor, to be Ambassador Extraor- me of the pertinent contributions made by United States of America to the Republic of dinary and Plenipotentiary of the United Yemen. them. To the best of my knowledge, the in- States of America to the Republic of Leb- formation contained in this report is com- (The following is a list of all members of anon. my immediate family and their spouses. I plete and accurate.) (The following is a list of all members of Nominee: Victor Henderson Ashe II. have asked each of these persons to inform my immediate family and their spouses. I me of the pertinent contributions made by Post: Ambassador to Poland. have asked each of these persons to inform Contributions, Amount, Date, and Donee: them. To the best of my knowledge, the in- me of the pertinent contributions made by 1. Self: Victor Henderson Ashe II: formation contained in this report is com- them. To the best of my knowledge, the in- $2,000.00, 2003, Bush for President; plete and accurate.) formation contained in this report is com- $1,000.00, 2002, Lamar Alexander for U.S. Nominee: Thomas Charles Krajeski. plete and accurate.) Senate; Post: U.S. Ambassador to Yemen. Nominee: Jeffrey David Feltman. $100.00, 2002, Jim Cooper for Congress; Contributions, Amount, Date, and Donee: Contributions, Amount, Date, and Donee: $250.00, 2000, Bill Frist 2000, Inc.; Self, none. 1. Self. $200.00, 2000, Richard Lugar for U.S. Sen- Spouse: Bonnie P. Krajeski, none. 2. Spouse, $200, 2002, Rep. James Moran. ate; Children and Spouses: Alix M. Krajeski, 3. Children and Spouses: N/A. $100.00, 2000, Paul Helmke for Congress; none; Jenna S. Krajeski, none; Aaron H. 4. Parents: N/A. $1,000.00, 1999, Bush for President; 5. Grandparents: N/A. Krajeski, none. $1,000.00, 1999, Bill Frist 2000, Inc. Parents: Chester J. Krajeski, deceased; 6. Brothers and Spouses, N/A. 7. Sisters and Spouses: N/A. 2. Spouse: Joan Plumlee Ashe, $2,000.00, Helen J. Krajeski, deceased. 2003, Bush for President; $1,000.00, 1999, Bush Grandparents: Jacob Krajeski, deceased; for President. Anna Krajeski, deceased; Percy Trasher, de- *Patricia M. Haslach, of Oregon, a Career Member of the Senior Foreign Service, Class 3. Children and Spouses: James Victor ceased; Emma Trasher, deceased. Ashe; Martha Evelyn Ashe: None. Brothers and Spouses: Stephen E. Krajeski, of Counselor, to be Ambassador Extraor- dinary and Plenipotentiary of the United 4. Parents: Robert L. Ashe, Deceased; deceased; Michael C. Krajeski, none; Maria Martha Henderson Ashe: States of America to the Lao People’s Demo- Krajeski, none; William J. Krajeski, none; $2,000.00, 2003, Bush for President; cratic Republic. Kathleen Krajeski, none; Lawrence J. $1,000.00, 2002, Republican National Com- (The following is a list of all members of Krajeski, none; Pamela Krajeski, none. mittee; my immediate family and their spouses. I Sisters and Spouses: Margaret A. Krajeski, $500.00, 2002, Lamar Alexander for U.S. Sen- have asked each of these persons to inform none; Janet M. Paquette, none; Joseph ate; me of the pertinent contributions made by Paquette, none. $250.00, 2001, Elizabeth Dole for U.S. Sen- them. To the best of my knowledge, the in- ate; formation contained in this report is com- *Christopher R. Hill, of Rhode Island, a Ca- $500.00, 1999, Bush for President; reer Member of the Senior Foreign Service, plete and accurate.) $500.00, 1999, Bush for President; Nominee: Patricia Marie Haslach. Class of Minister-Counselor, to be Ambas- $250.00, 1999, Friends of Mark Foley, Flor- Post: American Embassy Laos. sador Extraordinary and Plenipotentiary of Contributions, Amount, Date, and Donee: ida. the United States of America to the Republic 1. Self, none. 5. Grandparents: Gregory and Molly Ashe, of Korea. 2. Spouse: David Herbert, none. both deceased. James Victor Henderson and 1. Christopher R. Hill, none. 3. Children and Spouses: Shereen Herbert, Maude Henderson, both deceased. 2. Patricia Whitelaw-Hill, none. none; Kiran Herbert, none. 6. Brothers and Spouses: R. Lawrence Ashe, 3. Nathaniel (son), none; Amelia (daugh- 4. Parents: Francis Haslach, none; Patricia Jr.: $1,000.00, 1999, Bush for President; ter), none; Clara (daughter), none. Haslach, none. $1,000.00, 1999, Elizabeth Dole Exploratory 4. Robert B. Hill, deceased; Constance Hill, 5. Grandparents: Deceased. Committee; $500.00, 1999, Spencer Abraham none. 6. Brothers and Spouses: Timothy and for U.S. Senate. 5. Grandparents: All deceased. Kathryn Haslach, $300, Last 3 years, Keith Kathy Ashe: $1,000.00, 2003, Emily’s List. 6. Nicholas and Yuka Hill, none; Jonathan Parker, Randall Edwards, Senator Gordon 7. Sisters and Spouses: None. and Sue Hill, none. Smith. 7. Elizabeth and Rick McKinney, none; 7. Sisters and Spouses: Mary & Matt Pow- *John D. Negroponte, of New York, to be Prudence Hill, none. ers, none; Margaret Haslach, none; Maureen Ambassador Extraordinary and Pleni- & Mark Rankin, none. potentiary of the United States of America *Michael W. Marine, of Vermont, a Career to Iraq. Member of the Senior Foreign Service, Class *Richard LeBaron, of Virginia, a Career (The following is a list of all members of of Minister-Counselor, to be Ambassador Ex- Member of the Senior Foreign Service, Class my immediate family and their spouses. I

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4692 CONGRESSIONAL RECORD — SENATE April 29, 2004 have asked each of these persons to inform Yue-Ho Yon, which nominations were re- Federal retirement benefits for United me of the pertinent contributions made by ceived by the Senate and appeared in the States citizen employees of Air America, them. To the best of my knowledge, the in- Congressional Record on April 8, 2004. Inc., its subsidiary Air Asia Company Lim- formation contained in this report is com- By Mr. HATCH for the Committee on the ited, or the Pacific Division of Southern Air plete and accurate.) Judiciary. Transport, Inc; to the Committee on Govern- Nominee: John Negroponte. William Duane Benton, of Missouri, to be mental Affairs. Post: U.S. Ambassador to Iraq. United States Circuit Judge for the Eighth By Mrs. CLINTON (for herself, Mr. Contributions, Amount, Date, and Donee: Circuit. LEAHY, and Mr. KENNEDY): 1. Self, $2,000.00, 2004, Bush-Cheney Reelec- George P. Schiavelli, of California, to be S. 2368. A bill to limit the closure of De- tion Campaign. United States District Judge for the Central partment of Defense commissary and ex- 2. Spouse: $2,000.00, 2004, Bush-Cheney Re- District of California. change stores and facilities and Department election Campaign. Robert Bryan Harwell, of South Carolina, of Defense dependent elementary and sec- 3. Children and Spouses: N/A, minors. to be United States District Judge for the ondary schools, and for other purposes; to 4. Parents: Deceased. District of South Carolina. the Committee on Armed Services. 5. Grandparents: Deceased. Curtis V. Gomez, of Virgin Islands, to be By Mrs. LINCOLN (for herself, Mr. 6. Brothers and Spouses: Michel & Joni Judge for the District Court of the Virgin Is- BROWNBACK, Mr. BREAUX, and Mr. Negroponte: $20.00, 11/07/03, DCCC; $25.00, 11/ lands for a term of ten years. JEFFORDS): 25/03, Mikulski for Senate; $20.00, 03/12/04, Mi- *Nomination was reported with rec- S. 2369. A bill to require the Secretary of kulski for Senate; $50.00, 03/09/04, Kerry for Health and Human Services to undertake ac- President. ommendation that it be confirmed sub- tivities to ensure the provision of services George Negroponte, none; Spouse: Virva ject to the nominee’s commitment to under the PACE program to frail elders liv- Hinnemo, none. respond to requests to appear and tes- ing in rural areas, and for other purposes; to Nicholas & Elaine Negroponte, none. tify before any duly constituted com- the Committee on Finance. 7. Sisters and Spouses: N/A. mittee of the Senate. By Mr. KENNEDY (for himself, Mr. (Nominations without an asterisk DASCHLE, Mr. AKAKA, Mr. BAYH, Mrs. *David Michael Satterfield, of Virginia, a were reported with the recommenda- BOXER, Mr. BYRD, Mrs. CLINTON, Mr. Career Member of the Senior Foreign Serv- tion that they be confirmed.) CORZINE, Mr. DODD, Mr. DURBIN, Mr. ice, Class of Minister-Counselor, to be Am- EDWARDS, Mr. FEINGOLD, Mr. HARKIN, bassador Extraordinary and Plenipotentiary f Mr. LAUTENBERG, Mr. LEAHY, Mr. of the United States of America to the INTRODUCTION OF BILLS AND LIEBERMAN, Ms. MIKULSKI, Mr. REED, Hashemite Kingdom of Jordan. JOINT RESOLUTIONS Mr. ROCKEFELLER, Mr. SARBANES, Mr. (The following is a list of all members of SCHUMER, Ms. LANDRIEU, Mr. LEVIN, my immediate family and their spouses. I The following bills and joint resolu- Mr. KERRY, Mr. BINGAMAN, and Mrs. have asked each of these persons to inform tions were introduced, read the first MURRAY): me of the pertinent contributions made by and second times by unanimous con- S. 2370. A bill to amend the Fair Labor them. To the best of my knowledge, the in- sent, and referred as indicated: Standards Act of 1938 to provide for an information contained in this report is com- crease in the Federal minimum wage; read plete and accurate.) By Mrs. CLINTON (for herself, Mr. the first time. Nominee: David Michael Satterfield. GRAHAM of Florida, and Mr. DAYTON): By Mr. KENNEDY (for himself, Mr. Post: Ambassador to Hashemite Kingdom S. 2360. A bill to provide higher education CORZINE, Mr. DODD, Mr. BINGAMAN, of Jordan. assistance for nontraditional students, and Mr. HARKIN, Ms. MIKULSKI, Mrs. MUR- Contributions, Amount, Date, and Donee: for other purposes; to the Committee on Fi- RAY, Mr. EDWARDS, Mrs. CLINTON, Mr. 1. Self: none. nance. AKAKA, Mr. LAUTENBERG, Mr. ROCKE- 2. Spouse: N/A. By Mr. DEWINE: FELLER, Mr. FEINGOLD, and Mr. DUR- 3. Children and Spouses: Alexander M. S. 2361. A bill to amend the Public Health BIN): Satterfield, none; Victoria M. Satterfield, Service Act to enhance research, training, S. 2371. A bill to amend the Occupational none. and health information dissemination with Safety and Health Act of 1970 to expand cov- 4. Parents: Betty G. Kemp, none. respect to urologic diseases, and for other erage under the Act, to increase protections 5. Grandparents: N/A. purposes; to the Committee on Health, Edu- for whistleblowers, to increase penalties for 6. Brothers and Spouses: N/A. cation, Labor, and Pensions. certain violators, and for other purposes; to 7. Sisters and Spouses: Nancy S. Goldstein, By Mr. COCHRAN (for himself and Mr. the Committee on Health, Education, Labor, none; Barry L. Goldstein, none. LEAHY): and Pensions. Mr. LUGAR. Mr. President, for the S. 2362. A bill to authorize construction of By Mr. CORZINE (for himself, Mr. BAU- Committee on Foreign Relations I re- a Smithsonian Astrophysical Observatory in- CUS, Mr. DASCHLE, and Mr. LAUTEN- strumentation support control building and port favorably the following nomina- BERG): associated site development on Kitt Peak, S. 2372. A bill to amend the Trade Act of tion lists which were printed in the Arizona, and for other purposes; to the Com- 1974 regarding identifying trade expansion RECORDs on the dates indicated, and mittee on Rules and Administration. priorities; to the Committee on Finance. ask unanimous consent, to save the ex- By Mr. HATCH (for himself, Mr. By Mr. DOMENICI (for himself, Mr. pense of reprinting on the Executive LEAHY, Mr. DEWINE, Mr. KOHL, and NELSON of Florida, Mr. ALLEN, Mr. Calendar that these nominations lie at Mr. BIDEN): GRAHAM of Florida, Mr. ENSIGN, Mr. the Secretary’s desk for the informa- S. 2363. A bill to revise and extend the Boys HOLLINGS, Mr. SANTORUM, Mr. LAU- tion of Senators. and Girls Clubs of America; to the Com- TENBERG, Mr. GRAHAM of South Caro- mittee on the Judiciary. The PRESIDING OFFICER. Without lina, Mr. LIEBERMAN, Mr. GRASSLEY, By Mr. CORZINE (for himself, Ms. COL- Mr. KYL, and Mr. GREGG): objection, it is so ordered. LINS, and Mr. LAUTENBERG): S. 2373. A bill to modify the prohibition on Foreign Service nominations beginning S. 2364. A bill to amend title 36, United recognition by United States courts of cer- Bruce M. Quinn and ending Michael W. States Code, to grant a Federal charter to tain rights relating to certain marks, trade Liikala, which nominations were received by the Irish American Cultural Institute; to the names, or commercial names; to the Com- the Senate and appeared in the Congres- Committee on the Judiciary. mittee on the Judiciary. sional Record on February 5, 2004. By Mr. COLEMAN (for himself, Mr. By Mr. NICKLES (for himself and Mr. Foreign Service nominations beginning DAYTON, and Mr. KENNEDY): INHOFE): Christina Jeanne Agor and ending Ted K. S. 2365. A bill to ensure that the total S. 2374. A bill to provide for the convey- Gong, which nominations were received by amount of funds awarded to a State under ance of certain land to the United States and the Senate and appeared in the Congres- part A of title I of the Elementary and Sec- to revise the boundary of Chickasaw Na- sional Record on February 23, 2004. ondary Act of 1965 for fiscal year 2004 is not tional Recreation Area, Oklahoma, and for Foreign Service nominations beginning less than the total amount of funds awarded other purposes; to the Committee on Energy Paul Belmont and ending Joseph D. Stafford to the State under such part for fiscal year and Natural Resources. III, which nominations were received by the 2003; to the Committee on Health, Education, By Mr. MCCONNELL (for himself, Mrs. Senate and appeared in the Congressional Labor, and Pensions. FEINSTEIN, Mr. MCCAIN, Mr. LEAHY, Record on February 23, 2004. By Mr. GRASSLEY (by request): Mr. BROWNBACK, Mr. DASCHLE, Mrs. Foreign Service nominations beginning S. 2366. A bill to resolve the structural in- DOLE, Ms. MIKULSKI, Mr. BURNS, Mrs. William L. Brant II and ending William W. debtedness of the Black Lung Disability CLINTON, Mr. ALLEN, Mr. EDWARDS, Westman, which nominations were received Trust Fund, and for other purposes; to the Mr. NICKLES, Mr. CORZINE, Mr. by the Senate and appeared in the Congres- Committee on Finance. SANTORUM, Mr. BIDEN, Mr. FEINGOLD, sional Record on February 23, 2004. By Mr. REID: Mr. ALEXANDER, Mr. ALLARD, Mr. Foreign Service nominations beginning S. 2367. A bill to amend chapters 83 and 84 BENNETT, Mr. BUNNING, Mr. CAMP- Eliza Ferguson Al-Laham and ending Hugo of title 5, United States Code, to provide BELL, Mr. CHAMBLISS, Mr. COCHRAN,

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4693 Mr. DOMENICI, Mr. FRIST, Mrs. provide for the issuance of a coin to MILLER) was added as a cosponsor of S. HUTCHISON, Mr. KOHL, Mr. KYL, Mr. commemorate the 400th anniversary of 1808, a bill to provide for the preserva- LUGAR, Ms. MURKOWSKI, Mr. SMITH, the Jamestown settlement. tion and restoration of historic build- Mr. SPECTER, and Mr. VOINOVICH): S. 1083 ings at historically women’s public col- S.J. Res. 36. A joint resolution approving the renewal of import restrictions contained At the request of Mr. LUGAR, the leges or universities. in the Burmese Freedom and Democracy Act name of the Senator from Delaware S. 1900 of 2003; to the Committee on Finance. (Mr. CARPER) was added as a cosponsor At the request of Mr. LUGAR, the f of S. 1083, a bill to give States the flexi- name of the Senator from Connecticut bility to reduce bureaucracy by (Mr. LIEBERMAN) was added as a co- SUBMISSION OF CONCURRENT AND streamlining enrollment processes for sponsor of S. 1900, a bill to amend the SENATE RESOLUTIONS the medicaid and State children’s African Growth and Opportunity Act to The following concurrent resolutions health insurance programs through expand certain trade benefits to eligi- and Senate resolutions were read, and better linkages with programs pro- ble sub-Saharan African countries, and referred (or acted upon), as indicated: viding nutrition and related assistance for other purposes. to low-income families. By Mr. DAYTON (for himself and Mr. S. 1902 S. 1223 COLEMAN): At the request of Mr. REED, the name S. Res. 346. A resolution commending the At the request of Mr. BINGAMAN, the of the Senator from Florida (Mr. GRA- University of Minnesota Golden Gophers for name of the Senator from New Jersey HAM) was added as a cosponsor of S. winning the 2003–2004 National Collegiate (Mr. CORZINE) was added as a cosponsor Athletic Association Division I National Col- of S. 1223, a bill to increase the number 1902, a bill to establish a National Com- legiate Women’s Ice Hockey Championship; of well-trained mental health service mission on Digestive Diseases. considered and agreed to. professionals (including those based in S. 1932 By Mr. FRIST (for himself and Mr. schools) providing clinical mental At the request of Mr. CORNYN, the DASCHLE): names of the Senator from Delaware S. Res. 347. A resolution to commend Sen- health care to children and adoles- ate Enrolling Clerk Thomas J. Lundregan on cents, and for other purposes. (Mr. BIDEN) and the Senator from New Thirty-Six Years of Service to the United S. 1335 York (Mr. SCHUMER) were added as co- States Government; considered and agreed At the request of Mr. GRAHAM of sponsors of S. 1932, a bill to provide to. Florida, the names of the Senator from criminal penalties for unauthorized re- f Illinois (Mr. DURBIN) and the Senator cording of motion pictures in a motion from California (Mrs. BOXER) were picture exhibition facility, to provide ADDITIONAL COSPONSORS added as cosponsors of S. 1335, a bill to criminal and civil penalties for unau- S. 13 amend the Internal Revenue Code of thorized distribution of commercial At the request of Mr. KYL, the name 1986 to allow individuals a deduction prerelease copyrighted works, and for of the Senator from Montana (Mr. for qualified long-term care insurance other purposes. BURNS) was added as a cosponsor of S. premiums, use of such insurance under S. 2035 13, a bill to provide financial security cafeteria plans and flexible spending At the request of Mr. GRAHAM of to family farm and small business own- arrangements, and a credit for individ- South Carolina, the name of the Sen- ers by ending the unfair practice of uals with long-term care needs. ator from Mississippi (Mr. LOTT) was taxing someone at death. S. 1379 added as a cosponsor of S. 2035, a bill to S. 374 At the request of Mr. JOHNSON, the amend title 10, United States Code, to At the request of Mr. BAUCUS, the name of the Senator from Georgia (Mr. revise the age and service requirements name of the Senator from Michigan CHAMBLISS) was added as a cosponsor of for eligibility to receive retired pay for (Ms. STABENOW) was added as a cospon- S. 1379, a bill to require the Secretary non-regular service; to expand certain sor of S. 374, a bill to amend the Inter- of the Treasury to mint coins in com- authorities to provide health care ben- nal Revenue Code of 1986 to repeal the memoration of veterans who became efits for Reserves and their families, occupational taxes relating to distilled disabled for life while serving in the and for other purposes. spirits, wine, and beer. Armed Forces of the United States. S. 2092 S. 1381 S. 451 At the request of Mr. ALLEN, the At the request of Ms. SNOWE, the At the request of Ms. SNOWE, the names of the Senator from Georgia name of the Senator from South Caro- name of the Senator from Massachu- (Mr. CHAMBLISS) and the Senator from lina (Mr. GRAHAM) was added as a co- setts (Mr. KENNEDY) was added as a co- Wisconsin (Mr. FEINGOLD) were added sponsor of S. 1381, a bill to amend the sponsor of S. 451, a bill to amend title as cosponsors of S. 2092, a bill to ad- Internal Revenue Code of 1986 to mod- 10, United States Code, to increase the dress the participation of Taiwan in ify certain provisions relating to the minimum Survivor Benefit Plan basic the World Health Organization. treatment of forestry activities. annuity for surviving spouses age 62 S. 2107 S. 1465 and older, to provide for a one-year At the request of Mr. DEWINE, the At the request of Mr. FRIST, the open season under that plan, and for name of the Senator from Illinois (Mr. name of the Senator from New York other purposes. DURBIN) was added as a cosponsor of S. (Mr. SCHUMER) was added as a cospon- 2107, a bill to authorize an annual ap- S. 845 sor of S. 1465, a bill to authorize the propriations of $10,000,000 for mental At the request of Mr. CHAFEE, the President to award a gold medal on be- name of the Senator from Ohio (Mr. half of Congress honoring Wilma G. Ru- health courts through fiscal year 2009. DEWINE) was added as a cosponsor of S. dolph, in recognition of her enduring S. 2130 845, a bill to amend titles XIX and XXI contributions to humanity and wom- At the request of Mr. GRAHAM of of the Social Security Act to provide en’s athletics in the United States and South Carolina, the name of the Sen- States with the option to cover certain the world. ator from Georgia (Mr. MILLER) was legal immigrants under the medicaid S. 1638 added as a cosponsor of S. 2130, a bill to and State children’s health insurance At the request of Mr. GRASSLEY, the contain the costs of the medicare pre- programs. name of the Senator from Kentucky scription drug program under part D of S. 976 (Mr. BUNNING) was added as a cosponsor title XVIII of the Social Security Act, At the request of Mr. WARNER, the of S. 1638, a bill to amend title II of the and for other purposes. names of the Senator from Utah (Mr. Higher Education Act of 1965 to in- S. 2165 BENNETT), the Senator from Hawaii crease teacher familiarity with the At the request of Mr. REED, the name (Mr. INOUYE), the Senator from Iowa educational needs of gifted and tal- of the Senator from California (Mrs. (Mr. GRASSLEY), the Senator from ented students, and for other purposes. BOXER) was added as a cosponsor of S. Alaska (Mr. STEVENS) and the Senator S. 1808 2165, a bill to specify the end strength from Maryland (Ms. MIKULSKI) were At the request of Mr. SESSIONS, the for active duty personnel of the Army added as cosponsors of S. 976, a bill to name of the Senator from Georgia (Mr. as of September 30, 2005.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4694 CONGRESSIONAL RECORD — SENATE April 29, 2004 S. 2179 BAYH) was added as a cosponsor of S. ment of the Senate to the continued At the request of Mr. BROWNBACK, the Con. Res. 8, a concurrent resolution expansion of friendship and coopera- names of the Senator from Connecticut designating the second week in May tion between the United States and (Mr. LIEBERMAN) and the Senator from each year as ‘‘National Visiting Nurse Singapore. Illinois (Mr. DURBIN) were added as co- Association Week’’. AMENDMENT NO. 3052 sponsors of S. 2179, a bill to post- S. CON. RES. 90 At the request of Mrs. FEINSTEIN, the humously award a Congressional Gold At the request of Mr. LEVIN, the names of the Senator from Ohio (Mr. Medal to the Reverend Oliver L. names of the Senator from West Vir- VOINOVICH), the Senator from Hawaii Brown. ginia (Mr. ROCKEFELLER) and the Sen- (Mr. INOUYE), the Senator from South S. 2215 ator from New Mexico (Mr. BINGAMAN) Carolina (Mr. HOLLINGS), the Senator At the request of Mr. REED, the name were added as cosponsors of S. Con. from Tennessee (Mr. ALEXANDER) and of the Senator from North Dakota (Mr. Res. 90, a concurrent resolution ex- the Senator from Delaware (Mr. CAR- DORGAN) was added as a cosponsor of S. pressing the Sense of the Congress re- PER) were added as cosponsors of 2215, a bill to amend the Higher Edu- garding negotiating, in the United amendment No. 3052 proposed to S. 150, cation Act of 1965 to provide funds for States-Thailand Free Trade Agree- a bill to make permanent the morato- campus mental and behavioral health ment, access to the United States auto- rium on taxes on Internet access and service centers. mobile industry. multiple and discriminatory taxes on S. 2264 S. CON. RES. 99 electronic commerce imposed by the At the request of Mr. FEINGOLD, the At the request of Mr. BROWNBACK, the Internet Tax Freedom Act. names of the Senator from Illinois (Mr. names of the Senator from Delaware At the request of Mr. GRAHAM of Florida, his name was added as a co- DURBIN) and the Senator from New Jer- (Mr. BIDEN), the Senator from New Jer- sponsor of amendment No. 3052 pro- sey (Mr. CORZINE) were added as co- sey (Mr. CORZINE) and the Senator from sponsors of S. 2264, a bill to require a Maryland (Mr. SARBANES) were added posed to S. 150, supra. report on the conflict in Uganda, and as cosponsors of S. Con. Res. 99, a con- AMENDMENT NO. 3082 for other purposes. current resolution condemning the At the request of Mr. BINGAMAN, his name was added as a cosponsor of S. 2292 Government of the Republic of the Sudan for its participation and com- amendment No. 3082 proposed to S. 150, At the request of Mr. VOINOVICH, the a bill to make permanent the morato- names of the Senator from Minnesota plicity in the attacks against innocent civilians in the impoverished Darfur rium on taxes on Internet access and (Mr. COLEMAN), the Senator from New region of western Sudan. multiple and discriminatory taxes on Jersey (Mr. CORZINE), the Senator from electronic commerce imposed by the Maryland (Mr. SARBANES) and the Sen- S. CON. RES. 100 Internet Tax Freedom Act. ator from Indiana (Mr. BAYH) were At the request of Mr. ALEXANDER, the added as cosponsors of S. 2292, a bill to name of the Senator from New Jersey f require a report on acts of anti-Semi- (Mr. CORZINE) was added as a cosponsor STATEMENTS ON INTRODUCED tism around the world. of S. Con. Res. 100, a concurrent resolu- BILLS AND JOINT RESOLUTIONS At the request of Mrs. MURRAY, her tion celebrating 10 years of majority rule in the Republic of South Africa By Mrs. CLINTON (for herself, name was added as a cosponsor of S. Mr. GRAHAM of Florida, and Mr. 2292, supra. and recognizing the momentous social and economic achievements of South DAYTON): S. 2313 Africa since the institution of democ- S. 2360. A bill to provide higher edu- At the request of Mr. GRAHAM of racy in that country. cation assistance for nontraditional Florida, the name of the Senator from students, and for other purposes; to the S. RES. 332 Vermont (Mr. JEFFORDS) was added as Committee on Finance. a cosponsor of S. 2313, a bill to amend At the request of Mr. FEINGOLD, the Mrs. CLINTON. Mr. President, I rise the Help America Vote Act of 2002 to names of the Senator from New Jersey today to introduce legislation that will require a voter-verified permanent (Mr. CORZINE) and the Senator from address a growing trend in higher edu- record or hardcopy under title III of Minnesota (Mr. COLEMAN) were added cation—the changing face of today’s such Act, and for other purposes. as cosponsors of S. Res. 332, a resolu- college student. tion observing the tenth anniversary of S. 2328 Over the last decade, there has been the Rwandan Genocide of 1994. At the request of Mr. DORGAN, the a steady increase in the number of non- S. RES. 343 name of the Senator from Maryland traditional students entering or re- At the request of Mr. LUGAR, the (Ms. MIKULSKI) was added as a cospon- turning to college. Nationwide, non- name of the Senator from Minnesota sor of S. 2328, a bill to amend the Fed- traditional students on college cam- (Mr. COLEMAN) was added as a cospon- eral Food, Drug, and Cosmetic Act puses are slowly becoming the norm— sor of S. Res. 343, a resolution calling with respect to the importation of pre- the percentage of non-traditional stu- on the Government of the Socialist Re- scription drugs, and for other purposes. dents on college campuses has in- public of Vietnam to respect all univer- creased to 47 percent in 2001 from 34 S.J. RES. 33 sally recognized human rights, includ- percent in 1991. At the request of Mr. BROWNBACK, the ing the right to freedom of religion and Non-traditional students come in names of the Senator from New Jersey to participate in religious activities many different forms. Some waited to (Mr. CORZINE), the Senator from Wis- and institutions without interference go to college until their mid to late consin (Mr. FEINGOLD) and the Senator or involvement of the Government; and twenties or later—or were put in the from Hawaii (Mr. AKAKA) were added as to respect the human rights of ethnic position of having to go back to college cosponsors of S.J. Res. 33, a joint reso- minority groups in the Central High- late in life because they lost their job. lution expressing support for freedom lands and elsewhere in Vietnam. Others are attending college part-time in Hong Kong. S. RES. 344 while they work full-time and/or are fi- S.J. RES. 34 At the request of Mr. BOND, the name nancially independent. Others have At the request of Mr. CONRAD, the of the Senator from Indiana (Mr. children, and may or may not have the name of the Senator from Vermont LUGAR) was added as a cosponsor of S. support of a spouse. And still others (Mr. LEAHY) was added as a cosponsor Res. 344, a resolution welcoming the never obtained a high school diploma. of S.J. Res. 34, a joint resolution desig- Prime Minister of Singapore on the oc- As you can imagine, these students nating May 29, 2004, on the occasion of casion of his visit to the United States, face unique challenges that make it the dedication of the National World expressing gratitude to the Govern- more difficult for them to graduate War II Memorial, as Remembrance of ment of Singapore for its support in than their traditional peers. These World War II Veterans Day. the reconstruction of Iraq and its challenges include affording their edu- S. CON. RES. 8 strong cooperation with the United cation, balancing work, school, and At the request of Ms. COLLINS, the States in the campaign against ter- family responsibilities, and sometimes name of the Senator from Indiana (Mr. rorism, and reaffirming the commit- overcoming inadequate preparation.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4695 Unfortunately, many of our current to provide financial aid to students These students have a variety of re- higher education policies make it hard- who are attending school less than sponsibilities beyond their education er, not easier, for non-traditional stu- half-time while maintaining a full-time that demand their time, attention, and dents to complete their degrees. That work schedule. income. is why today I am pleased to be intro- This provision will provide resources Older scholars are in the unenviable ducing, along with my colleague from to schools that create class schedules position of having to balance school, the state of Florida, Senator GRAHAM, that accommodate the realities of non- work, family responsibilities, and the The Non-Traditional Students Success traditional students’ lives—classes obligation of meeting the cost of high- Act. that are taught in short, compressed er education. Recent studies suggest This legislation is a comprehensive modules, on weekends, in the evenings, that 39 percent of all undergraduates solution to the barriers non-traditional and over the Internet. are 25 years or older and 27 percent students face as they try to earn a col- This bill also creates a pilot program have children. Further, 40 percent of lege degree. It is timely, and our sys- that will make Pell Grants available undergraduates work full-time and 48 tem is long overdue for improvement. year round so students are not forced percent attend college part-time. When I travel throughout New York, to discontinue their studies for the Unfortunately, the needs of many de- I hear about the challenges faced by three-month summer period. These stu- voted parents and hard working em- many of our citizens, particularly dents want to complete their studies as ployees who attend college are not ade- those who have found themselves un- soon as possible, and the three-month quately supported by federal policy. employed after years of working in delay only impedes their progress. For this reason, it is no surprise that companies like Kodak, Xerox, Corning, We are also putting forward ideas to non-traditional students are less likely and IBM. Many of these citizens are in put reliable childcare within the reach than traditional students to complete a need of retraining—some are returning of students who have children. During bachelors or associates degree. to school, while others are attending my husband’s administration we cre- The consequences of our higher edu- college for the first time. ated CCAMPIS—a program to provide cation policy failing to address the The goal of this legislation is to in- quality childcare on college campuses. challenges faced by non-traditional crease graduation rates for non-tradi- This is an excellent program that de- students are great. In the global econ- tional students by addressing the range serves to be expanded. It has never re- omy of the 21st century, a quality, ac- of barriers they face—financial, aca- ceived more than $25 million in fund- cessible education remains the gate- demic, and social. ing, even though the need for reliable keeper to achieving the American First, I will begin with the financial; childcare on campuses is over- dream of economic self-sufficiency and this legislation includes several provi- whelming. meaningful employment. sions to make it more affordable for The Non-Traditional Student Sup- Indeed, never before has a college de- non-traditional students to complete port Act will expand the CCAMPIS pro- gree been so vital to so many. Today’s their postsecondary education. gram and provide a supplemental grant marketplace demands a well-educated It increases the maximum Pell Grant to low-income parents attending work force. According to the Bureau of to $11,600 by 2010. Pell Grants work and school. Labor Statistics, postsecondary edu- there is no reason why we should not This legislation also increases fund- cation will be essential for 42 percent continue to invest in this worthwhile ing to TRIO and Gear-Up. These proof the new jobs created in this decade. solution. grams have been successful in helping This bill also increases the income many non-traditional students achieve Higher education is not only the ticket protection allowance so that working the goal of a college degree, and we to a good paying job, it is also an ave- students can keep more of their in- must continue to support and expand nue to improved health care, child- come. Our bill sets the level at $18,000 these programs. care, housing, and nutrition. per year as opposed to only $5,000 per We have also included language that I am pleased to join Senator CLINTON year—which is current law for single requires these programs to give special in introducing the Non-Traditional independent students. attention to first-year students, as re- Student Success Act, legislation de- It increases the amount of education search shows completion of the first signed to address the barriers that non- expenses that students can claim under year is a key indicator of retention traditional students encounter while the Lifetime Learning credit from 20 through graduation. pursuing a college education. percent to 50 percent. Under current I am very pleased with this legisla- Escalating college costs are a central law, students receive a credit of only tion; it shows that we are moving in obstacle to all students, but can be es- $300 for education expenses towards the the right direction, tweaking our high- pecially devastating to non-traditional Lifetime Learning credit. Under this er education policies to better serve students who often have families to proposal, they could claim $750—money our changing student population. I care for. Responding to the rising cost that would go a long way towards off- look forward to working with my col- of obtaining a college degree and the setting the cost of higher education leagues to incorporate these provisions declining purchasing power of federal today. into the reauthorization of the higher financial assistance, this legislation I am also proposing an information education act. will help ensure that college is afford- campaign so that students will know Mr. GRAHAM of Florida. Mr. Presi- able and accessible to non-traditional more about the financial aid available dent, the face of the American under- students. to them. Research shows that one of graduate is changing, and there is a With this goal in mind, our bill will the most significant challenges to growing need to reflect this trans- increase the maximum Pell Grant to making ‘‘lifelong learning’’ a reality is formation in our Federal education $11,600 over the next five years and to overcome the perception held by policy. In 2001, 47 percent of all under- pilot a program that would make this many non-traditional students, espe- graduates were considered non-tradi- aid available year-round. This provi- cially first-generation and adults with tional students. Despite this evolving sion will ease the financial burden non- few work skills, that they are not ‘‘stu- landscape of higher education, many of traditional students endure and help dent material.’’ our Nation’s financial aid policies and them complete their degree programs A direct mailing campaign combined student support services only address more quickly. with outreach to employers about the the financial needs and lifestyle de- Our legislation also addresses a prob- financial resources available to non- mands of traditional students. lem many non-traditional students ex- traditional students could significantly Fewer and fewer of today’s under- perience, not being able to qualify for a boost attendance and retention of non- graduates come straight from high sufficient amount of financial aid due traditional students. school, depend on parental financial to their less-than-full-time enrollment Secondly, The Non-Traditional Stu- support, and enroll as full-time stu- status. We propose establishing a pilot dents Success Act addresses the daily dents. Today’s colleges and universities program to provide more financial aid challenges of balancing work, family are filled with an unprecedented to students enrolled in a degree pro- and school by creating a pilot program amount of non-traditional students. gram less-than-half-time, students

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4696 CONGRESSIONAL RECORD — SENATE April 29, 2004 with compressed or alternative sched- many families in Ohio and nationwide give NIH new opportunities for invest- ules, and/or students in distance learn- who are afflicted with urologic dis- ment in efforts to combat and vanquish ing. It is imperative that our financial eases. these diseases. aid system no longer exists at odds Ohio is a leader in urologic research. This legislation is necessary to ele- with the needs and course loads of non- Researchers at the Children’s Hospital vate leadership in urology research at traditional students. This measure of Cincinnati, the Cleveland Clinic, the NIDDK. When the Institute was takes a critical first step towards cor- Case Western Reserve, and Ohio State created in its current form nearly 20 recting this situation. University have made great strides to- years ago, Congress specifically pro- Our bill also expands the list of edu- ward achieving treatments. The fact is vided for three separate Division Direc- cation expenses for the Lifetime Learn- that urologic conditions affect millions tors. Regrettably, the current statute ing tax credit to include not just the of children and adults. Urology is a fails to provide the NIDDK with the costs of tuition and fees but also books, physiological system distinct from flexibility to create additional Division supplies and equipment, childcare and other body systems. Urologic condi- Directors when necessary to better re- living expenses. Non-traditional stu- tions include incontinence, infertility, spond to current scientific opportuni- dents often have more expenses than and impotence—all of which are ex- ties. This prescriptive statutory lan- tuition and fees that must be consid- tremely common, yet serious and de- guage is unique to the NIDDK. For ex- ered if a college degree is going to be bilitating. As many as 10 million chil- ample, the National Cancer Institute financially possible. dren—more than 30,000 in Ohio—are af- and the National Heart, Lung, and A common sense way of making high- fected by urinary tract problems, and Blood Institute do not have any statu- er education more accessible is to in- some forms of these problems can be tory language regarding Division Di- crease the public’s awareness of avail- deadly. At least half of all diabetics rectors. able financial aid, including education have bladder dysfunctions, which can The basic science breakthroughs of tax credits. In 2001, only 21 percent of include urinary retention, changes in the last decade are literally passing respondents in a national survey had bladder compliance, and incontinence. urology by. A greater focus on heard of the education tax credits. Our Interstitial Cystitis (IC), a painful urological diseases is needed at the bill will promote what financial aid bladder syndrome, affects 200,000 peo- NIDDK and will be best accomplished programs are available. ple, mostly women. There are no with senior leadership with expertise in It is not enough that we improve the known causes or cures, and few mini- urology as provided in the TRU Act. affordability of college for non-tradi- mally effective treatments. Addition- This legislation is supported by the Co- tional students without improving stu- ally, there are 7 million urinary tract alition for Urologic Research & Edu- dent support services that promote re- infections in the U.S. each year. cation (CURE)—a group representing tention and academic success among Incontenence costs the healthcare tens of thousands of patients, research- these students. This legislation in- system $25 billion each year and is a ers and healthcare providers. I urge my creases funding for on-campus child- leading reason people are forced to colleagues to join me as cosponsors of care to help nontraditional students enter nursing homes, impacting Medi- the TRU Act. with children. Additionally, we propose care and Medicaid costs. Urinary tract I ask unanimous consent that the an increase in funding for Student Sup- infection treatment costs total more text of the bill be printed in the port Service programs, GEAR UP and than $1 billion each year. Many uro- RECORD. College Assistance Migrant Programs. logic diseases, incontinence, erectile There being no objection, the bill was These programs provide counseling, dysfunction, and cancer, increase in ordered to be printed in the RECORD, as mentoring, tutoring and other services aging populations. Prostate cancer is follows: to help non-traditional students suc- the most common cancer in American S. 2361 ceed. men, and African-American men are at Be it enacted by the Senate and House of Rep- I encourage my colleagues to support a greater risk for the disease. Medicare resentatives of the United States of America in the Non-Traditional Student Success beneficiaries suffer from benign pros- Congress assembled, Act. This legislation contains a variety tatic hyperplasia (BPH), which results SECTION 1. SHORT TITLE. of common sense provisions that make in bladder dysfunction and urinary fre- This Act may be cited as the ‘‘Training college more affordable and success quency. Fifty percent of men at age 60 and Research in Urology Act of 2004’’. more probable for non-traditional stu- have BPH. Treatment and surgery cost SEC. 2. RESEARCH, TRAINING, AND HEALTH IN- FORMATION DISSEMINATION WITH dents. By supporting the Non-Tradi- $2 billion per year. RESPECT TO UROLOGIC DISEASES. tional Student Success Act, you help Research for urologic disorders has (a) DIVISION DIRECTOR OF UROLOGY.—Sec- bring the American dream within reach failed to keep pace. Further delay tion 428 of the Public Health Service Act (42 for a large segment of our Nation’s un- translates into increased costs—in dol- U.S.C. 285c–2) is amended— dergraduate population. lars, in needless suffering, and in the (1) in subsection (a)(1), by striking ‘‘and a loss of human dignity. Incontinence Division Director for Kidney, Urologic, and By Mr. DEWINE: costs the healthcare system $23 billion Hematologic Diseases’’ and inserting ‘‘a Di- S. 2361. A bill to amend the Public each year, yet only 90 cents per patient vision Director for Urologic Diseases, and a Health Service Act to enhance re- Division Director for Kidney and Hemato- is spent on research—little more than logic Diseases’’; and search, training, and health informa- the cost of a single adult undergar- (2) in subsection (b)— tion dissemination with respect to uro- ment. In 2002, only $5 million of the $88 (A) by striking ‘‘and the Division Director logic diseases, and for other purposes; million in new initiatives from the Na- for Kidney, Urologic, and Hematologic Dis- to the Committee on Health, Edu- tional Institute of Diabetes and Diges- eases’’ and inserting ‘‘the Division Director cation, Labor, and Pensions. tive and Kidney Diseases (NIDDK) was for Urologic Diseases, and the Division Di- Mr. DEWINE. Mr. President, I rise to designated to urologic diseases and rector for Kidney and Hematologic Dis- introduce the Training and Research in conditions. Of that $5 million, no new eases’’; and Urology Act—or the TRU Act. During (B) by striking ‘‘(1) carry out programs’’ initiatives were announced for women’s and all that follows through the end and in- my career in the U.S. Senate, I have urologic health problems. In 2001, we serting the following: supported the successful effort to dou- spent less than five cents per child on ‘‘(1) carry out programs of support for re- ble NIH research funding and have pro- research into pediatric urologic prob- search and training (other than training for vided a strong voice for our children. lems. The medications currently used which National Research Service Awards This bill complements my past and are very expensive and have unknown, may be made under section 487) in the diag- continued efforts. It helps provide uro- long-term side effects. nosis, prevention, and treatment of diabetes logic scientists with the tools they The TRU Act establishes a Division mellitus and endocrine and metabolic dis- need to find new cures for the many de- of Urology at the NIDDK—the home of eases, digestive diseases and nutritional disorders, and kidney, urologic, and hemato- bilitating urologic diseases impacting the urology basic science program—and logic diseases, including support for training men, women, and children. This legis- expands existing research mechanisms, in medical schools, graduate clinical train- lation is important to my home State like the successful George O’Brien ing (with particular attention to programs of Ohio and would impact positively Urology Research Centers. This will geared to the needs of urology residents and

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fellows), graduate training in epidemiology, (e) EXPANSION OF O’BRIEN UROLOGIC DIS- U.S.C. 285c et seq.) (as amended by sub- epidemiology studies, clinical trials, and EASE RESEARCH CENTERS.— section (g)) is further amended by inserting interdisciplinary research programs; (1) IN GENERAL.—Subsection (c) of section after section 434B the following: ‘‘(2) establish programs of evaluation, plan- 431 of the Public Health Service Act (42 ‘‘AUTHORIZATION OF APPROPRIATIONS FOR ning, and dissemination of knowledge re- U.S.C. 285c–5(c)) is amended in the matter UROLOGY RESEARCH lated to such research and training; preceding paragraph (1) by inserting ‘‘There ‘‘SEC. 434C. There are authorized to be ap- ‘‘(3) in cooperation with the urologic sci- shall be no fewer than 15 such centers fo- propriated to the Director of NIH for the entific and patient community, develop and cused exclusively on research of various as- purpose of carrying out intra- and inter- submit to the Congress not later than Janu- pects of urologic diseases, including pediat- agency activities in urology research (in- ary 1, 2006, a national urologic research plan rics, interstitial cystitis, incontinence, stone cluding training programs, joint research that identifies research needs in the various disease, urinary tract infections, and benign projects, and joint clinical trials) $5,000,000 areas of urologic diseases, including pediat- prostatic diseases.’’ before ‘‘Each center de- for each of fiscal years 2004 through 2008, and rics, interstitial cystitis, incontinence, stone veloped’’. such sums as may be necessary thereafter. disease, urinary tract infections, and benign (2) AUTHORIZATION OF APPROPRIATIONS.— Amounts authorized to be appropriated prostatic diseases; and Section 431 of the Public Health Service Act under this section shall be in addition to ‘‘(4) in cooperation with the urologic sci- (42 U.S.C. 285c–5) is amended by adding at the amounts otherwise available for such pur- entific and patient community, review the end the following: pose.’’. national urologic research plan every 3 years ‘‘(f) There are authorized to be appro- beginning in 2009 and submit to the Congress priated for the urologic disease research cen- any revisions or additional recommenda- ters described in subsection (c) $22,500,000 for By Mr. HATCH (for himself, Mr. tions.’’; and each of fiscal years 2004 through 2008, and LEAHY, Mr. DEWINE, Mr. KOHL, (3) at the end of the section, by adding the such sums as are necessary thereafter.’’. and Mr. BIDEN): following: (3) TECHNICAL AMENDMENT.—Subsection (c) S. 2363. A bill to revise and extend ‘‘(c) There are authorized to be appro- of section 431 of the Public Health Service the Boys and Girls Clubs of America; to priated $500,000 for each of fiscal years 2004 Act (42 U.S.C. 285c–5(c)) is amended at the be- and 2005 to carry out paragraphs (3) and (4) of the Committee on the Judiciary. ginning of the unnumbered paragraph— Mr. HATCH. Mr. President, I rise subsection (b), and such sums as may be nec- (A) by striking ‘‘shall develop and con- essary thereafter.’’. duct’’ and inserting ‘‘(2) shall develop and today to speak about the reauthoriza- (b) UROLOGIC DISEASES DATA SYSTEM AND conduct’’; and tion of the Boys and Girls Club of INFORMATION CLEARINGHOUSE.—Section 427 of America, legislation that Senator the Public Health Service Act (42 U.S.C. (B) by aligning the indentation of such 285c–1) is amended— paragraph with the indentation of para- LEAHY and I introduced today. Con- (1) in subsection (c), by striking the terms graphs (1), (3), and (4). gress first granted the Boys and Girls ‘‘and Urologic’’ and ‘‘and urologic’’ each (f) SUBCOMMITTEE ON UROLOGIC DISEASES.— Club of America a charter in 1991, but place either such term appears; and Section 432 of the Public Health Service Act the Club existed for over 90 years be- (2) by adding at the end the following: (42 U.S.C. 285c–6) is amended by striking ‘‘and a subcommittee on kidney, urologic, fore that. There are currently 3,500 ‘‘(d) The Director of the Institute shall— Clubs across America and around the ‘‘(1) establish the National Urologic Dis- and hematologic diseases’’ and inserting ‘‘a eases Data System for the collection, stor- subcommittee on urologic diseases, and a world on our military bases serving age, analysis, retrieval, and dissemination of subcommittee on kidney and hematologic over 3.6 million children, ages 6–18. data derived from patient populations with diseases’’. Over 70 percent of those children who urologic diseases, including, where possible, (g) LOAN REPAYMENT TO ENCOURAGE UROLO- benefit from the Boys and Girls Club of data involving general populations for the GISTS AND OTHER SCIENTISTS TO ENTER RE- America live in America’s inner cities. purpose of detection of individuals with a SEARCH CAREERS.—Subpart 3 of part C of Almost half of the Club members come risk of developing urologic diseases; and title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting from single parent homes. The Club of- ‘‘(2) establish the National Urologic Dis- fers young people a positive alternative eases Information Clearinghouse to facili- after section 434A the following: tate and enhance knowledge and under- ‘‘LOAN REPAYMENT PROGRAM FOR UROLOGY to roaming the streets as well as a standing of urologic diseases on the part of RESEARCH positive adult influence. These children health professionals, patients, and the public ‘‘SEC. 434B. (a) ESTABLISHMENT.—Subject to are able to find a safe place to learn through the effective dissemination of infor- subsection (b), the Secretary shall carry out and grow in the Boys and Girls Clubs. mation.’’. a program of entering into contracts with Most importantly, the Clubs offer hope (c) STRENGTHENING THE UROLOGY INTER- appropriately qualified health professionals and opportunity to millions of young AGENCY COORDINATING COMMITTEE.—Section or other qualified scientists under which people who would otherwise face dis- 429 of the Public Health Service Act (42 such health professionals or scientists agree U.S.C. 285c–3) is amended— advantaged circumstances. to conduct research in the field of urology, This reauthorization will allow the (1) in subsection (a), by striking ‘‘and a as employees of the National Institutes of Kidney, Urologic, and Hematologic Diseases Health or of an academic department, divi- Boys and Girls Club of America to ex- Coordinating Committee’’ and inserting ‘‘a sion, or section of urology, in consideration pand their clubs even more. The bill Urologic Diseases Interagency Coordinating of the Federal Government agreeing to authorizes the Club to receive funds Committee, and a Kidney and Hematologic repay, for each year of such research, not through 2010 and increases the number Diseases Interagency Coordinating Com- more than $35,000 of the principal and inter- of clubs in existence. By 2010, there will mittee’’; est of the educational loans of such health be 5,000 Clubs nationwide serving over 5 (2) in subsection (b), by striking ‘‘the Chief professionals or scientists. Medical Director of the Veterans’ Adminis- million young people. ‘‘(b) LIMITATION.—The Secretary may not I urge my colleagues to support this tration,’’ and inserting ‘‘the Under Secretary enter into an agreement with a health pro- for Health of the Department of Veterans Af- fessional or scientist pursuant to subsection small but important reauthorization. fairs’’; and (a) unless the professional or scientist— Mr. LEAHY. Mr. President, I rise (3) by adding at the end the following: ‘‘(1) has a substantial amount of edu- today as a long-time supporter of the ‘‘(d) The urology interagency coordinating cational loans relative to income; and Boys & Girls Clubs of America to join committee may encourage, conduct, or sup- ‘‘(2) agrees to serve as an employee of the port intra- or interagency activities in urol- Senators HATCH, DEWINE, KOHL, and National Institutes of Health or of an aca- ogy research, including joint training pro- BIDEN in introducing this legislation, demic department, division, or section of grams, joint research projects, planning ac- S. 2363, to revise and extend the Boys & urology for purposes of the research require- tivities, and clinical trials. Girls Clubs of America. ‘‘(e) For the purpose of carrying out the ac- ment of subsection (a) for a period of not less than 3 years. Senator HATCH has been one of the tivities of the Urologic Diseases Interagency best friends and supporters Boys and Coordinating Committee, there are author- ‘‘(c) APPLICABILITY OF CERTAIN PROVI- ized to be appropriated $5,000,000 for each of SIONS.—Except as inconsistent with this sec- Girls Clubs could ever have and I have fiscal years 2004 through 2008, and such sums tion, the provisions of subpart 3 of part D of been privileged to work with him on as may be necessary thereafter.’’. title III apply to the program established issues that matter to the Boys & Girls (d) NATIONAL UROLOGIC DISEASES ADVISORY under subsection (a) in the same manner and Clubs. Too often the public sees Repub- BOARD.—Section 430 of the Public Health to the same extent as such provisions apply licans and Democrats disagreeing. Service Act (42 U.S.C. 285c–4) is amended by to the National Health Service Corps Loan From time to time, even Senator striking ‘‘and the National Kidney and Uro- Repayment Program established under such logic Diseases Advisory Board’’ and inserting subpart.’’. HATCH and I disagree on important ‘‘the National Urologic Diseases Advisory (h) AUTHORIZATION OF APPROPRIATIONS FOR issues. But when it comes to the Boys Board, and the National Kidney Diseases Ad- UROLOGY RESEARCH.—Subpart 3 of part C of & Girls Clubs of America there is no visory Board’’. title IV of the Public Health Service Act (42 doubt that we see eye-to-eye: Today we

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4698 CONGRESSIONAL RECORD — SENATE April 29, 2004 introduce this bill to show the unified the nation with the goal of having 5,000 history, and provide fellowships for support of Republicans and Democrats Boys and Girls Clubs in operation by American professors to spend a year as for Boys & Girls Clubs nationwide. December 31, 2010. a visiting scholar at the National Uni- Children are the future of our coun- If we have a Boys & Girls Club in versity of Ireland. In short, the Irish try, and we have a responsibility to every community, prosecutors in our American Cultural Institute serves as make sure they are safe and secure. I country would have a lot less work to an important educational, informa- know firthand how well Boys & Girls do because of the values that are being tional, and financial resource for key Clubs work and what topnotch organi- instilled in children from the Boys & initiatives important to the Irish and zations they are. When I was a pros- Girls Clubs of America. Each time I the Irish-American community in the ecutor in Vermont, I was convinced of visit a club in Vermont, I am ap- United States. the great need for Boys & Girls Clubs proached by parents, educators, teach- Irish-Americans comprise more than because we rarely encountered children ers, grandparents, and law enforcement 17 percent of the population of the from these kinds of programs. In fact, officers who tell me ‘‘Keep doing this! United States, and have made enor- after I became a U.S. Senator, a police These clubs give our children the mous contributions to our Nation in chief was such a big fan that he asked chance to grow up free of drugs, gangs, countless ways. A Federal charter will me to help fund a Boys & Girls Club in and crime.’’ help the Irish American Cultural Insti- his district rather than helping him get You cannot argue that these are just tute continue and expand activities a couple more police officers. Democratic or Republican ideas, or that recognize and celebrate the herit- In Vermont, Boys and Girls Clubs Conservative or Liberal ideals—they age of Irish-Americans. I ask my col- have succeeded in preventing crime are simply good sense ideas. We need leagues to join me in supporting this and supporting our children. The first safe havens where our youth—the fu- legislation, and I ask unanimous con- Club was established in Burlington 62 ture of our country—can learn and sent that the text of the bill be printed years ago. Now we have 22 club sites grow up free from the influence of in the RECORD. operating throughout the State: seven drugs, gangs, and crime. That is why There being no objection, the bill was clubs in Brattleboro, one in Spring- Boys & Girls Clubs are so important to ordered to be printed in the RECORD, as field, two clubs in Burlington, one in our children. follows: Winooski, two clubs in Montpelier, five I urge my colleagues to support this S. 2364 clubs in Randolph, one club in Rutland, bill to expand Federal support for the Be it enacted by the Senate and House of Rep- two clubs in Vergennes and one in Bris- Boys and Girls Clubs of America. We resentatives of the United States of America in tol. There are 10 additional project all know instinctively that our coun- Congress assembled, sites that will be on board and serving try’s strength and ultimate success lies SECTION 1. CHARTER FOR IRISH AMERICAN CUL- kids by the end of 2005: one in with our children. Our greatest respon- TURAL INSTITUTE. Bennington, two in Burlington, one in sibility is to help them inhabit this Part B of subtitle II of title 36, United Duxbury, one in St. Johnsbury, one in States Code, is amended— century the best way possible and we (1) by redesignating chapter 1001 as chapter Hardwick, three in Randolph and one can help do that by supporting the 1003; in Ludlow. These clubs will serve well Boys & Girls Clubs of America. (2) by redesignating sections 100101 through over 10,000 kids statewide. 100110, and the items relating thereto in the As a senior member of the Senate Ap- By Mr. CORZINE (for himself, table of sections, as sections 100301 through propriations Committee, I have pushed Ms. COLLINS, and Mr. LAUTEN- 100310, respectively; and for more Federal funding for Boys and BERG): (3) by inserting after chapter 901 the fol- Girls Clubs. Since 1998, Congress has S. 2364. A bill to amend title 36, lowing new chapter: increased Federal support for Boys and United States Code, to grant a Federal ‘‘CHAPTER 1001—IRISH AMERICAN Girls Clubs from $20 million to $80 mil- charter to the Irish American Cultural CULTURAL INSTITUTE lion in this year. Due in large part to Institute; to the Committee on the Ju- ‘‘Sec. this increase in funding, there now diciary. ‘‘100101. Organization. exist 3,300 Boys & Girls Clubs in all 50 Mr. CORZINE. Mr. President, today I ‘‘100102. Purposes. States serving more than 3.6 million am proud to be introducing a bill, ‘‘100103. Membership. ‘‘100104. Governing body. young people. Because of these suc- along with Senator COLLINS and Sen- ‘‘100105. Powers. cesses, I was both surprised and dis- ator LAUTENBERG, to grant a Federal ‘‘100106. Exclusive right to name, seals, em- appointed to see that the President re- Charter to the Irish American Cultural blems, and badges. quested a reduction of $20 million for Institute, an organization that pro- ‘‘100107. Restrictions. fiscal year 2005. That request will leave motes appreciation and recognition of ‘‘100108. Duty to maintain tax-exempt status. the important contributions Irish- ‘‘100109. Principal office. thousands of children and their Clubs ‘‘100110. Records and inspection. behind and we cannot allow such a Americans have played throughout the ‘‘100111. Service of process. thing to happen. history of the United States. A long- ‘‘100112. Liability for acts of officers and In the 107th Congress, Senator HATCH standing goal of the Irish American agents. and I worked together to pass the 21st Cultural Institute has been to establish ‘‘100113. Annual report. Century Department of Justice Appro- a museum of Irish American history ‘‘§ 100101. Organization priations Authorization Act, which in- and culture in Washington, DC, and I ‘‘(a) FEDERAL CHARTER.—The Irish Amer- cluded a provision to reauthorize Jus- am pleased to introduce legislation ican Cultural Institute (in this chapter, the tice Department grants to establish that could represent a positive step to- ‘corporation’), incorporated in New Jersey, is new Boys and Girls Clubs nationwide. wards achieving that goal. a federally chartered corporation. By authorizing $80 million in Justice The Irish American Cultural Insti- ‘‘(b) EXPIRATION OF CHARTER.—If the corporation does not comply with any provision grants for each of the fiscal years tute is a national organization founded of this chapter, the charter granted by this through 2005, we sought to establish in 1962, with local chapters in 17 chapter expires. 1,200 additional Boys and Girls Clubs States. The Institute has spent the last ‘‘§ 100102. Purposes nationwide. This was to bring the num- 40 years fighting to promote, preserve ‘‘The purposes of the corporation are as ber of Boys and Girls Clubs to 4,000, and interpret Irish and Irish-American provided in the articles of incorporation and serving no less than 5 million young culture. Those involved with the Insti- include— people. The bill we introduce today tute do this, in part, by fostering ‘‘(1) establishing the Museum of Irish will build upon this: We authorize Jus- strong cultural and educational ties be- America in Washington, D.C., as the center tice Department grants at $80 million tween the United States and Ireland: of Irish American thought, dialogue, debate, for fiscal year 2006, $85 million for fis- sending American high school students and reflection; cal year 2007, $90 million for fiscal year to Ireland, and bringing Irish scholars, ‘‘(2) recognizing and recording a living memorial to the contributions of Irish-born and 2008, $95 million for fiscal year 2009, and musicians, craftsmen, actors, and art- Irish Americans to the development of the $100 million for fiscal year 2010 to Boys ists to the Untied States. They also United States; and Girls Clubs to help establish 1,500 fund academic research projects that ‘‘(3) providing a focal point for all Irish additional Boys and Girls Clubs across provide insights into Irish-American Americans, who make up 17 percent of the

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4699 United States population, according to the ‘‘(3) at its principal office, a record of the night; the school aides who support our 2000 census; names and addresses of its members entitled kids and their teachers; home ‘‘(4) exploring past, current, and future to vote. healthcare workers caring for our el- events in Ireland and the United States, as ‘‘(b) INSPECTION.—A member entitled to derly parents in their home; the chil- they relate to Irish Americans and society as vote, or an agent or attorney of the member, dren whose parents can’t afford to give a whole; may inspect the records of the corporation ‘‘(5) documenting the tremendous contribu- for any proper purpose, at any reasonable them more than a single slim meal a tions of Irish immigrants to the United time. day. There is one thing that stands in the States in the areas of architecture, military, ‘‘§ 100111. Service of process politics, religion, labor, sports, literature, way of a decent minimum wage—one ‘‘The corporation shall comply with the and art; thing—and that’s the Republican law on service of process of each State in ‘‘(6) providing ongoing studies to ensure which it is incorporated and each State in Party. that the experiences of the past will benefit which it carries on activities. If this President and the Republican the future of both Ireland and the United Party really cared about working States; and ‘‘§ 100112. Liability for acts of officers and Americans—about minimum wage agents ‘‘(7) establishing an Irish American Studies workers—why would they oppose a de- Program for students from both Ireland and ‘‘The corporation is liable for the acts of cent wage for a hard day’s work? But the United States. its officers and agents acting within the scope of their authority. for seven long years, they have blocked ‘‘§ 100103. Membership every effort in this Congress to raise ‘‘§ 100113. Annual report ‘‘Eligibility for membership in the cor- the minimum wage. poration and the rights and privileges of ‘‘The corporation shall submit an annual Why would they oppose unemploy- membership are as provided in the bylaws. report to Congress on the activities of the ment benefits for the 8 million out-of- ‘‘§ 100104. Governing body corporation during the prior fiscal year. The report shall be submitted at the same time work Americans? Why would they op- ‘‘(a) BOARD OF DIRECTORS.—The board of di- pose overtime pay if you have to work rectors and the responsibilities of the board as the report of the audit required by section are as provided in the articles of incorpora- 10101 of this title. The report shall not be more than 40 hours a week? Why would tion. printed as a public document.’’. they support shipping your jobs over- ‘‘(b) OFFICERS.—The officers and the elec- SEC. 2. CLERICAL AMENDMENTS. seas? tion of officers are as provided in the articles The table of chapters at the beginning of A fair increase in the minimum wage of incorporation. subtitle II of title 36, United States Code, is is long overdue. We should all be able ‘‘§ 100105. Powers amended— to agree on the principle that no one ‘‘The corporation shall have only the pow- (1) in the item relating to chapter 1001, by who works for a living should have to ers provided in its bylaws and articles of in- striking ‘‘1001’’ and inserting ‘‘1003’’ and by live in poverty. How can Congress keep corporation filed in each State in which it is striking ‘‘100101’’ and inserting ‘‘100301’’; and saying no, when more and more work- incorporated. (2) by inserting after the item relating to ers can’t make ends meet? I plan to be chapter 901 the following new item: ‘‘§ 100106. Exclusive right to name, seals, em- back on the Senate floor offering this blems, and badges ‘‘1001. Irish American Cultural Insti- bill as an amendment over and over ‘‘The corporation has the exclusive right tute ...... 100101’’. again until Congress agrees to give to use the name ‘Irish American Cultural In- low-wage workers the raise they have stitute’ and any seals, emblems, and badges By Mr. KENNEDY (for himself, earned. relating thereto that the corporation adopts. Mr. DASCHLE, Mr. AKAKA, Mr. ‘‘§ 100107. Restrictions BAYH, Mrs. BOXER, Mr. BYRD, By Mr. KENNEDY (for himself, ‘‘(a) STOCK AND DIVIDENDS.—The corpora- Mrs. CLINTON, Mr. CORZINE, Mr. Mr. CORZINE, Mr. DODD, Mr. tion may not issue stock or declare or pay a DODD, Mr. DURBIN, Mr. BINGAMAN, Mr. HARKIN, Ms. dividend. EDWARDS, Mr. FEINGOLD, Mr. MILKULSKI, Mrs. MURRAY, Mr. ‘‘(b) POLITICAL ACTIVITIES.—The corpora- HARKIN, Mr. LAUTENBERG, Mr. EDWARDS, Mrs. CLINTON, Mr. tion or a director or officer as such may not contribute to, support, or participate in any LEAHY, Mr. LIEBERMAN, Ms. MI- AKAKA, Mr. LAUTENBERG, Mr. political activity or in any manner attempt KULSKI, Mr. REED, Mr. ROCKE- ROCKEFELLER, Mr. FEINGOLD, to influence legislation. FELLER, Mr. SARBANES, Mr. and Mr. DURBIN): ‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.— SCHUMER, Ms. LANDRIEU, Mr. S. 2371. A bill to amend the Occupa- The income or assets of the corporation may LEVIN, Mr. KERRY, Mr. BINGA- tional Safety and Health Act of 1970 to not inure to the benefit of, or be distributed MAN, and Mrs. MURRAY): expand coverage under the Act, to in- to, a director, officer, or member during the S. 2370. A bill to amend the Fair crease protections for whistleblowers, life of the charter granted by this chapter. Labor Standards Act of 1938 to provide to increase penalties for certain viola- This subsection does not prevent the pay- tors, and for other purposes; to the ment of reasonable compensation to an offi- for an increase in the Federal min- cer or member in an amount approved by the imum wage; read the first time. Committee on Health, Education, board of directors. Mr. KENNEDY. Mr. President, it has Labor, and Pensions. ‘‘(d) LOANS.—The corporation may not been seven long years since Congress Mr. KENNEDY. Mr. President, today make any loan to a director, officer, or em- last acted to raise the minimum wage. I am pleased to introduce the Pro- ployee. The cost of living keeps going up, and tecting America’s Workers Act. ‘‘(e) CLAIM OF GOVERNMENTAL APPROVAL OR these workers keep falling farther and This week, on Workers’ Memorial AUTHORIZATION.—The corporation may not farther behind, because the minimum Day, we remember and honor those claim congressional approval or the author- who have died or been injured on the wage they’re paid buys less and less. ity of the United States Government for any job in the past year. We remember and The current minimum wage is $5.15 of its activities. honor their families. And we pledge to an hour. You can’t work hard, raise a ‘‘§ 100108. Duty to maintain tax-exempt status do more to end the unsafe and family, and pay for food and rent and ‘‘The corporation shall maintain its status unhealthy conditions that still plague as an organization exempt from taxation clothing, on $5.15 an hour—$10,700 a so many workplaces across America. under the Internal Revenue Code of 1986 (26 year—$5,000 below the poverty line for We have made significant progress in U.S.C. 1 et seq.). a family of three. The minimum wage protecting worker safety since 1970, ‘‘§ 100109. Principal office is too low. when we passed the Occupational Safe- ‘‘The principal office of the corporation The Fair Minimum Wage Act of 2004, ty and Health Act. But there is still a shall be in Morristown, New Jersey, or an- which I introduce today, will raise the tremendous amount to be done. Every other place decided by the board of directors. minimum wage by $1.85 to $7.00 an year, over five thousand workers are ‘‘§ 100110. Records and inspection hour. The raise to $7.00 would be car- killed and nearly five million others ‘‘(a) RECORDS.—The corporation shall ried out in three moderate steps in just become ill or are injured on the job. keep— over two years. More than 7 million That’s an average of 15 deaths and ‘‘(1) correct and complete books and workers would directly benefit from records of account; 13,000 injuries or illnesses each and ‘‘(2) minutes of the proceedings of its mem- this minimum wage increases. every day. bers, board of directors, and committees hav- Let me be clear about who we’re Too many companies are doing too ing any of the authority of its board of direc- talking about here—the janitors who little to deal with this crisis. They bla- tors; and clean our great buildings late into the tantly ignore the law, but they never

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4700 CONGRESSIONAL RECORD — SENATE April 29, 2004 go to jail—even when their actions or killed or injured in the workplace over edied factor is an ineffective regime of lack of action kill loyal employees who the past year, Worker Memorial Day criminal penalties. The criminal stat- work for them. Criminal penalties are has been designated April 28 as a trib- utes associated with OSHA have been so low that prosecutors don’t pursue ute to the anniversary of the enact- on the books since the 1970s, but, over these cases. Employers who violate ment of the Occupational Safety and time, the deterrence value of these im- safety laws again and again pay only Health Act. In my view, there is no portant workplace safety laws has minimal fines—which they treat as better tribute to the lives that have eroded substantially. With the max- just another cost of doing business. been lost than to think about how we imum jail sentence of 6 months, Fed- We cannot let these shameful prac- can prevent future losses of this kind. eral prosecutors have only a minimal tices continue. We cannot allow em- The facts tell a grim story: an eight- incentive to spend time and resources ployers to put millions of workers at month examination of workplace prosecuting renegade employers. Ac- risk in our factories, nursing homes, deaths by The New York Times found cording to a recent analysis, since the construction sites, and many other that, over a span of two decades, from Occupational Safety and Health Act workplaces every day. 1982 to 2002, OSHA investigated 1,242 was enacted, only 11 employers who We need to hold this Administration horrific instances in which the agency caused the death of a worker on the job accountable—require them to act, in- itself concluded that workers had died were incarcerated. stead of sweeping serious violations because of their employer’s ‘‘willful’’ The logic behind increasing criminal under the rug. We also need to protect safety violations. Yet in 93 percent of penalties in these cases is simple. It workers with the courage to speak out those cases, OSHA declined to seek will increase the incentive for prosecu- against health and safety violations in prosecution. tors to hold renegade employers ac- the workplace. Employees have a fundamental right countable for endangering the lives of That is why we are today introducing to a safe work environment, and more their workers and, thereby, help ensure the Protecting America’s Workers Act. needs to be done to ensure that busi- that OSHA criminal penalties cannot It will protect millions of workers nesses that deliberately put the lives of be safely ignored. This will provide the not covered by current safety laws. By their workers at risk are held account- OSHA criminal statute with sufficient extending the Occupational Safety and able for their actions. This legislation teeth to deter the small percentage of Health Act, we will cover 8 million would go a long way to strengthen our bad actors who knowingly and willfully public employees and millions of trans- workplace safety system in a variety of place their employees at risk. portation and other workers. ways. I hope that my colleagues will join The bill imposes jail time—up to ten I am particularly pleased that this me in supporting this landmark legis- years, instead of only six months under legislation includes provisions to shore lation. current law—on those whose blatant up a fundamental weakness in Amer- By Mr. CORZINE (for himself, violation of safety laws leads to a ican workplace safety law: the Mr. BAUCUS, Mr. DASCHLE, and worker’s death. We also increase civil shockingly inadequate penalties asso- Mr. LAUTENBERG): penalties, to provide additional deter- ciated with crimes under the Occupa- S. 2372. A bill to amend the Trade Act rence for employers. tional Safety and Health Act. This leg- of 1974 regarding identifying trade ex- We require the Occupational Safety islation includes the provisions of the pansion priorities; to the Committee and Health Administration to inves- Workplace Wrongful Death Account- on Finance. tigate more cases, and we give workers ability Act, S. 1272, legislation that I Mr. CORZINE. Mr. President, I rise and their families more rights in the introduced to increase the maximum along with several of my colleagues, investigation process. criminal penalty for those who will- the esteemed Minority Leader, Senator We provide stronger protections for fully violate workplace safety laws and DASCHLE, the ranking member of the workers who report health or safety cause the death of an employee. Finance Committee, Senator BAUCUS, violations. It is unbelievable to me that, under and my colleague from New Jersey, I know it will be an uphill battle to existing law, that crime is a mis- Senator LAUTENGERG, to introduce leg- get this legislation through this Re- demeanor, and carries a maximum islation that will strengthen trade en- publican Congress. But I’m committed prison sentence of just 6 months. These forcement efforts, open foreign mar- to the fight. I’m committed to fighting provisions would increase the penalty kets to U.S. exports, reduce the trade for people like Jeff Walters, whose son for this most egregious workplace deficit, create export-based jobs, and Patrick was killed when a trench col- crime to 10 years, making it a felony. provide a lift to America’s economy. lapsed on him two years ago. His em- They also increase the penalty associ- This legislation would restore the so- ployer was known to be violating crit- ated with lying to an OSHA inspector called ‘‘Super 301’’ process, a tool that ical safety rules. We will fight for peo- from 6 months to 1 year, and increase has been used by Republican and ple like Ron Hayes, whose son Patrick the penalty for illegally giving advance Democratic administrations to expand suffocated in a grain elevator. Ron is warning of an upcoming inspection access for U.S. exporters to foreign now helping families throughout the from 6 months to 2 years. markets. Super 301 requires the Office United States deal with the grief of In recent times, Congress has focused of the United States Trade Representa- having a family member killed at on a shocking succession of corporate tive to negotiate with foreign countries work. scandals: Enron, Tyco, WorldCom, to that have established burdensome We intend to do everything we can to name a few. These revelations of cor- trade barriers in order to open those keep other working families from that porate abuse raised the ire and indigna- markets to U.S. exports. The legisla- grief. These deaths and injuries aren’t tion of the American people. But cor- tion also requires the USTR to iden- accidents they’re crimes, and it’s time porate abuses can sometimes go fur- tify, and eliminate, the illegal protec- we started treating them like crimes. ther than squandering employee pen- tionist trade barriers that most ad- I urge my colleagues to join in this sion funds and costing shareholder versely effect American businesses and fight for a safe workplace for all of value. Sometimes, corporate abuses workers. America’s workers. We can take a can cost lives. With more than 8 million Americans major step forward by the Protecting The provisions are based on the sim- out of a job, we need to take strong ac- America’s Workers Act. ple premise that going to work should tion not only to get people back to Mr. CORZINE. Mr. President, I rise not carry a death sentence. Annually, work, but to get them into well-paying today to express my strong support for more than 6,000 Americans are killed jobs. Unfortunately, in recent years, the Protecting America’s Workers Act on the job, and some 50,000 more die even when unemployed Americans have introduced by Senator KENNEDY. I am from work-related illnesses. Many of found new jobs, too often they’ve been proud to join him as a cosponsor of this those deaths are completely prevent- forced to take a pay cut. That’s one important legislation. able. reason why so many middle class fami- Yesterday, this country recognized While many factors contribute to the lies are feeling the squeeze, and are Worker Memorial Day. Created in 1989 unsafe working environment that ex- having such a hard time making ends to remember workers who have been ists at certain jobsites, one easily rem- meet.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4701 One of the areas hardest hit by job The administration also continues to port. I ask unanimous consent that the loss under this administration is the sit idly by while China, and other text of the Super 301 Restoration Act manufacturing industry. 2.9 million Asian countries, manipulate their cur- be printed in the RECORD. manufacturing jobs have been lost. In rency, to the detriment of U.S. export- There being no objection, the bill was many ways, we are witnessing the slow ers. ordered to be printed in the RECORD, as decimation of the U.S. manufacturing The administration’s refusal to en- follows: industry. And the Bush administration force our trade agreements, and the S. 2372 has done little about it. passive approach they have taken to One way to deal with the decline in Be it enacted by the Senate and House of Rep- problems like Asian currency manipu- resentatives of the United States of America in manufacturing—and the problems in lation, helps explain why we’re now Congress assembled, our economy, more generally—is to do facing such massive trade deficits. In SECTION 1. IDENTIFICATION OF TRADE EXPAN- a better job of enforcing our trade fact, the Bush administration is the SION PRIORITIES. agreements. U.S. businesses generally first since the Hoover administration Section 310 of the Trade Act of 1974 is are the best, most competitive in the to preside over a decline in real ex- amended to read as follows: world. But, too often, they’re not play- ports. ‘‘SEC. 310. IDENTIFICATION OF TRADE EXPAN- ing on a level playing field. Instead, Again, what we need is a commit- SION PRIORITIES. they’re being forced to contend with a ment to let U.S. businesses compete on ‘‘(a) IDENTIFICATION.— wide variety of trade barriers that a level playing field. That is why we ‘‘(1) IDENTIFICATION AND REPORT.—Within 30 make it difficult or impossible for need to reestablish the Super 301 proc- days after the submission in each of calendar American businesses to compete. The ess. year 2005 through 2009 of the report required end result is lost opportunities, lost Super 301 may sound like a technical by section 181(b), the Trade Representative legal mechanism. But it would help shall— jobs, and lost income for American ‘‘(A) review United States trade expansion workers. open up new markets, boost our econ- priorities; Let’s be clear. Trade is a good thing omy, strengthen our export-based man- ‘‘(B) identify priority foreign country prac- for America. And as a global leader we ufacturing sector, help reduce our tices, the elimination of which is likely to must be engaged in the global econ- trade deficit, and create new, well-pay- have the most significant potential to in- omy. Trade doesn’t just help grow our ing domestic export-based jobs here in crease United States exports, either directly own economy. It helps build the world America. or through the establishment of a beneficial economy, which, in turn, promotes de- Under the legislation, the USTR precedent; and mocracy and greater security for ev- would, within 30 days of the release of ‘‘(C) submit to the Committee on Finance the National Trade Estimate, submit a of the Senate and the Committee on Ways erybody. I’m not arguing for building and Means of the House of Representatives walls around the United States. To the Super 301 report to Congress, listing and publish in the Federal Register a report contrary, I want to tear down protec- the foreign trade barriers that most ad- on the priority foreign country practices tionist walls that keep U.S. businesses versely affect U.S. exports. identified. out, and that destroy jobs here in our Within 21 days of submitting the re- ‘‘(2) FACTORS.—In identifying priority for- own country. port, the USTR would be required to eign country practices under paragraph (1), The Bush administration likes to ad- seek consultations with each trading the Trade Representative shall take into ac- vocate for free trade agreements. But partner identified in the report in order count all relevant factors, including— to resolve the issue. If consultations do ‘‘(A) the major barriers and trade dis- it’s not enough to sign a trade agree- torting practices described in the National ment and trust our trade partners to not succeed in eliminating the trade Trade Estimate Report required under sec- honor their end of the deal. Those deals barriers within 90 days, USTR would be tion 181(b); need to be complied with. And if required to take action that could lead ‘‘(B) the trade agreements to which a for- they’re not, we need to be aggressive in to sanctions either by the U.S. or, ulti- eign country is a party and its compliance ensuring compliance. mately, by the WTO. with those agreements; Unfortunately, when it comes to en- As I said earlier, Super 301 is not ‘‘(C) the medium- and long-term implica- forcing trade agreements, the Bush ad- new. It was signed into law by Presi- tions of foreign government procurement plans; and ministration, as Senator KERRY said dent Reagan, and renewed throughout ‘‘(D) the international competitive posi- recently, has been ‘‘asleep at the the ’90s by President Clinton. It was a tion and export potential of United States wheel.’’ And there’s no excuse for it. tool that worked. The threat alone of products and services. After all, we face a trade deficit of being on the Super 301 list has, and ‘‘(3) CONTENTS OF REPORT.—The Trade Rep- nearly $500 billion, and a deteriorating will, force countries who have erected resentative may include in the report, if ap- fiscal situation that has led to increas- barriers to U.S. exports come to the propriate— ing reliance on foreign creditors. Under table. ‘‘(A) a description of foreign country prac- the circumstances, you would have Some will argue that this is protec- tices that may in the future warrant identi- thought that the administration would tionism. Some will argue that it’s fication as priority foreign country prac- be doing all it could to address these unilateralism. In fact, it’s the opposite. tices; and ‘‘(B) a statement about other foreign coun- problems. But it’s not. It’s intended to protect U.S. businesses try practices that were not identified be- There’s a stark difference between and workers from protectionist foreign cause they are already being addressed by the commitment of this administration trade barriers—to knock down walls, provisions of United States trade law, by ex- to enforce trade compared to that of not erect them. It’s intended to encour- isting bilateral trade agreements, or as part the Clinton administration. Between age our trade representatives to engage of trade negotiations with other countries 1995 and 2000, the Clinton administra- in a constructive dialogue with those and progress is being made toward the elimi- tion filed an average of 11 cases a year who have erected barriers to U.S. prod- nation of such practices. with the World Trade Organization to ucts. It equips the administration with ‘‘(b) INITIATION OF CONSULTATIONS.—By no battle foreign protectionism. By con- later than the date that is 21 days after the a needed tool to fight for the rights of date on which a report is submitted to the trast, the Bush administration has American workers and businesses appropriate congressional committees under filed only 3 per year. against those countries who are unwill- subsection (a)(1), the Trade Representative The White House also has repeatedly ing to remove those barriers. shall seek consultations with each foreign refused to respond when the bipartisan In a word, Super 301 would make country identified in the report as engaging International Trade Commission has trade more fair. And when trade is in priority foreign country practices for the recommended remedies for U.S. busi- more fair—when U.S. companies are purpose of reaching a satisfactory resolution nesses facing floods of imports from playing on a level playing field—Amer- of such priority practices. China—even when the ITC rulings have icans win. American workers win. And ‘‘(c) INITIATION OF INVESTIGATION.—If a sat- been unanimous. The President’s deter- isfactory resolution of priority foreign coun- when America’s workers win, Amer- try practices has not been reached under mination to overrule the ITC has had a ica’s economy wins. subsection (b) within 90 days after the date dramatic impact on many small busi- It is my ardent hope that we can get on which a report is submitted to the appro- nesses, including some in my State of this much needed bill passed, and I priate congressional committees under sub- New Jersey. urge my colleagues to give it their sup- section (a)(1), the Trade Representative shall

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4702 CONGRESSIONAL RECORD — SENATE April 29, 2004 initiate under section 302(b)(1) an investiga- the legitimate owner. Section 211 sim- confiscations of U.S. property applies tion under this chapter with respect to such ply made it clear that the universal with equal force in the case of U.S. priority foreign country practices. U.S. policy against giving effect to for- trademarks confiscated by Cuba. Noth- ‘‘(d) AGREEMENTS FOR THE ELIMINATION OF eign confiscations of U.S. property ap- ing in any treaty or in international BARRIERS.—In the consultations with a foreign country that the Trade Representative plies with equal force in the case of law is inconsistent with that rule of is required to request under section 303(a) U.S. trademarks confiscated by Cuba. U.S. law. with respect to an investigation initiated by Section 211 was challenged in the I believe this piece of legislation is a reason of subsection (c), the Trade Rep- World Trade Organization (WTO) by simple technical corrections bill which resentative shall seek to negotiate an agree- the European Union (EU). In January will ensure that a fairly simple, but ment that provides for the elimination of the 2002, the WTO Appellate Body finally important, U.S. law is WTO-compliant. practices that are the subject of the inves- resolved that challenge by finding in tigation as quickly as possible or, if elimi- favor of the United States on all points By Mr. MCCONNELL (for himself, nation of the practices is not feasible, an except one. The Appellate Body made a agreement that provides for compensatory Mrs. FEINSTEIN, Mr. MCCAIN, trade benefits. narrow finding that, because Section Mr. LEAHY, Mr. BROWNBACK, Mr. ‘‘(e) REPORTS.—The Trade Representative 211 on its face does not apply to U.S. DASCHLE, Mrs. DOLE, Ms. MI- shall include in the semiannual report re- nationals, it is inconsistent with the KULSKI, Mr. BURNS, Mrs. CLIN- quired by section 309 a report on the status national-treatment and most-favored- TON, Mr. ALLEN, Mr. EDWARDS, of any investigations initiated pursuant to nation principles under the TRIPs Mr. NICKLES, Mr. CORZINE, Mr. subsection (c) and, where appropriate, the Agreement. The Appellate Body fully SANTORUM, Mr. BIDEN, Mr. extent to which such investigations have led supported the principle embodied in to increased opportunities for the export of FEINGOLD, Mr. ALEXANDER, Mr. products and services of the United States.’’. Section 211, that is, the non-recogni- ALLARD, Mr. BENNETT, Mr. BUN- tion of uncompensated confiscations NING, Mr. CAMPBELL, Mr. CHAM- By Mr. DOMENICI (for himself, and the protection of intellectual prop- BLISS, Mr. COCHRAN, Mr. DOMEN- Mr. NELSON of Florida, Mr. erty ownership rights. The revision re- ICI, Mr. FRIST, Mrs. HUTCHISON, ALLEN, Mr. GRAHAM of Florida, quired to broaden the application of Mr. KOHL, Mr. KYL, Mr. LUGAR, Mr. ENSIGN, Mr. HOLLINGS, Mr. Section 211 to include U.S. nationals Ms. MURKOWSKI, Mr. SMITH, Mr. SANTORUM, Mr. LAUTENBERG, amounts to no more than a minor, SPECTER, and Mr. VOINOVICH): Mr. GRAHAM of South Carolina, technical fix. S.J. Res. 36. A joint resolution ap- Mr. LIEBERMAN, Mr. GRASSLEY, The legislation that we introduce proving the renewal of import restric- Mr. KYL, and Mr. GREGG): today makes it clear this well-founded tions contained in Burmese Freedom S. 2373. A bill to modify the prohibi- law applies to all parties claiming and Democracy Act of 2003; to the Com- tion on recognition by United States rights in confiscated Cuban trade- mittee on Finance. marks, regardless of nationality. Such courts of certain rights relating to cer- Mr. MCCONNELL. Mr. President, I, a technical correction will satisfy the tain marks, trade names, or commer- along with Senators FEINSTEIN, WTO ruling and prevent the EU from cial names; to the Committee on the MCCAIN, LEAHY, BROWNBACK, DASCHLE, applying trade sanctions against the Judiciary. DOLE, MIKULSKI, BURNS, CLINTON, Mr. DOMENICI. Mr. President, I rise United States at the end of this year. ALLEN, EDWARDS, NICKLES, CORZINE, today to introduce, along with several Moreover, this legislation does three BIDEN, FEINGOLD and SANTORUM, am in- things: it maintains protection for of my colleagues from both sides of the troducing today a joint resolution re- original owners of confiscated Cuban aisle, legislation that will protect U.S. newing import sanctions against trademarks; it applies to all people, re- trademarks and their legitimate own- Burma. My colleagues may recall that gardless of nationality; it clarifies that ers from the effects of the these sanctions—along with several trademarks and trade names con- confiscations decreed by the Cuban other restrictions against the State fiscated by the Cuban Government will government. Peace and Development Council My colleagues and I believe in the not be recognized in the United States (SPDC) in Rangoon—were included in fundamental principle that property when the assertion is being made by the Burmese Freedom and Democracy rights must be respected and that it is someone who knew or had reason to Act, which was signed into law by wrong for governments to take prop- know that the mark was confiscated. President Bush on July 28, 2003. erty from individuals and companies, This bill does not in any way decide whether nationals or foreigners, with- which party owns a Cuban trademark The act received broad support in the out payment of prompt, adequate and in the U.S. nor does Section 211 prevent Senate. Sixty-one members cospon- effective compensation. We uphold the the Cuban government or its various sored the bill which passed in record firmly established principle of our law entities from having access to our time by a vote of 97–1. Our quick action and public policy that foreign confis- courts or from registering legitimate last year sent an unequivocal message catory measures must never be given trademarks in the U.S. As long as the to the SPDC that its ambush and at- effect on property situated in the trademark was not confiscated, the tack on the National League for De- United States. Cuban government can legally register mocracy (NLD) and freedom in Burma When the Castro regime took power any trademark it desires. Moreover, would not go unpunished. in Cuba, it engaged in a program of even if the Cuban government stole a Today, we need to send the same wholesale confiscation of property in trademark in the 1960s, it can still reg- strong message. America must con- Cuba, including property owned by ister the trademark in the U.S as long tinue to lead the world’s democracies Cuban nationals as well as by U.S. and as the original owner has consented. in supporting the struggle for freedom other non-Cuban nationals. The Cuban Once revised, Section 211 is con- in Burma. government also purported to extend sistent with all of our international My colleagues will be dismayed to the effects of the confiscation to prop- treaty obligations including the Inter- learn that since last year’s horrific erty, such as trademarks, that the con- American Convention on Trademarks. SPDC-orchestrated massacre there has fiscation victims owned in other coun- The Inter-American Convention ex- been no progress toward reconciliation tries, and took other actions in an at- pressly in Article 3 allows non-recogni- and democracy in Burma. Thirteen- tempt to seize control of such assets. tion of a trademark when such recogni- hundred prisoners of conscience con- To protect U.S. trademarks and their tion would be contrary to the public tinue to suffer in squalid Burmese pris- legitimate owners from the effects of order or public policy of the state in ons for advocating freedoms that most the confiscations decreed by the Cuban which recognition is sought. There is of us take for granted—including government, Congress enacted Section no doubt whatsoever that allowing thought, speech and association. 211 of H.R. 4328 (PL 105–277) in 1998. title to U.S. property to be determined Burmese democracy leader Daw Aung This law, referred to as Section 211, by a foreign confiscation violates U.S. San Suu Kyi and other NLD leaders prohibits enforcement of U.S. rights to public policy. Section 211 simply continue to be under house arrest and trademarks confiscated by the Cuban makes it clear that the universal U.S. surveillance by the SPDC, and the ma- government, except with the consent of policy against giving effect to foreign jority of NLD party offices remain

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4703 forcibly closed; United Nations and bility of the region. Burma’s exports to [From the Washington Post, Sept. 28, 2003] Thai efforts at engagement with the its immediate neighbors include illicit SEEDS OF TROUBLE FROM BURMA junta—through repeated visits to Ran- narcotics, HIV/AIDS, refugees and traf- (By Richard G. Lugar) goon and the so-called ‘‘Bangkok Proc- ficked women and children. Further, The military junta that rules Burma has ess’’—have predictably failed; accord- Rangoon’s connections with Russia and long been known as a group committed to re- ing to the White House, Burma ‘‘failed North Korea, in particular, deserve taining power at cost. The price has been demonstrably’’ in counternarcotics ef- closer scrutiny by foreign capitals and paid mainly by Burma’s citizens, but the forts, allowing drug gangs to freely op- the United Nations. consequences may now spread well beyond erate inside Burma and amphetamine- Burma’s borders. If my colleagues haven’t done so al- The generals have killed thousands of de- type stimulants to proliferate through- ready, they should read Monday’s mocracy supporters since the student pro- out the region, posing a ‘‘major threat Washington Post op-ed entitled ‘‘A tests in 1988 and waged war on ethnic insur- to national security and public Need to Act on Burma’’ by our col- gents. To tighten their grip on the popu- health’’; and, finally, the repressive lation, over the past 15 years they have dou- league from Arizona and former-Sec- and abhorrent SPDC policies of mur- bled the size of the military, which now con- retary of State Madeleine Albright. I der, rape, forced labor, forced reloca- sumes 40 percent of the budget, at the ex- agree with their assertion that we tion and child soldiers continue pense of spending on health and education. should not be duped by SPDC window Consequently, hundreds of thousands of unabated. dressing in the weeks leading up to the their citizens have died as a result of the Just yesterday, we learned from cred- broken-down health care system. The gen- ible sources that 11 NLD supporters ar- May 17 constitutional convention cha- rade. Even if Suu Kyi is released before erals who run the country are notorious for rested in the wake of last year’s pre- their widespread use of forced labor, which meditated attack were sentenced by that date it is not sufficient, as there the International Labor Organization calls the regime from 7 to 22 years in prison. are no guarantees for her security, no ‘‘a contemporary form of slavery.’’ This is in addition to the death sen- assurances that she will be able to free- The junta has maintained these abhorrent tences given to a Burmese sports writ- ly express her views to the nation or to policies despite sanctions, aid cutoffs and reer who complained about soccer related meet with ethnic leaders, and no sure peated denunciations by many Western countries, including the United States. corruption and to three Burmese men bet that the junta will grant visas to journalists to travel to Burma. Yet it makes the headlines only when it for having contact with the United Na- commits an especially acute outrage, such as tions International Labor Organiza- The op-ed also raises the question of that of last May 30, when pro-government tion. repercussions for the continued perpet- militia crashed a political rally near Man- Should my colleagues need a second uation of the status quo in Burma by dalay and murdered several bodyguards and opinion, let me quote Secretary of China, Thailand, India, and other Asian supporters of Nobel laureate Aung San Suu Kyi, the fearless democracy crusader who State Colin Powell in a March 10 Con- nations. I look forward to exploring gressional hearing: ‘‘I see no improve- had been freed only last year from a lengthy with my colleagues the most appro- house arrest. ment in the situation. Aung San Suu priate and effective ways that we can The junta rearrested Suu Kyi, shut down Kyi remains unable to participate in encourage those countries to support offices of her political party and detained public, political life in Burma and we the legitimately elected leaders of her at a secret location. She returned home will not ignore that.’’ When I asked Burma. If no change is in the offing, Friday for a new stint of indefinite house ar- Secretary Powell in an April 8 Foreign Burma’s chairmanship of the Associa- rest. Operations Subcommittee hearing I am pleased that the Senate reacted tion of Southeast Asian Nations in 2006 quickly in June to put pressure on the junta whether he supported the continuation will be a tremendous loss of face to of sanctions against Burma, his answer by voting for a ban on all Burmese imports. that organization and each individual Until now this record of bloody repression was straightforward and clear: ‘‘Yes.’’ member state. and economic ruin has primarily victimized The Burmese Freedom and Democ- Let me close by saying that sanc- the long-suffering Burmese people, and world racy Act denies Burma 13 percent of its attention has often drifted away from what export market (according to CIA fig- tions must remain in place until some consider an internal problem. But it is ures), visas for SPDC officials and their Burma embarks on an irreversible path time to take a closer look. Burma’s generals families, and, above all, legitimacy. In toward reconciliation and democracy. I are quietly moving in new directions that addition, $13 million worth of financial intend to work closely with my col- could make that dismal country a source of transactions to Burma have been leagues—particularly the chair and instability throughout South and Southeast blocked by the Treasury Department. ranking member of the Finance Com- Asia. mittee—to ensure that the Senate acts Strategically situated between regional ri- While palpable impacts, these sanc- vals India and China, Burma is seeking to le- tions alone will not push the SPDC in just as decisively and expeditiously as verage the two powers’ battle for influence. the direction of meaningful reconcili- we did last year. To do anything less China is the regime’s major arms supplier ation with the NLD and ethnic minori- would be to betray Suu Kyi and all and has assumed significant economic power ties. those struggling for freedom and jus- over the country, recently extending debt re- South African Archbishop Desmond tice in Burma. lief and a $200 million loan to Burma, which has been cut off from most other external Tutu—no stranger to the struggle for I ask unanimous consent that the fol- freedom and justice—said earlier this funding. China, reports indicate, has built a lowing items be printed in the RECORD: port and shipyard south of Rangoon to help year: ‘‘To dismantle apartheid [in A copy of the referenced Washington export products from China’s landlocked South Africa] took not only commit- Post op-ed; a copy of a Boston Globe western provinces. ment, faith and hard work, but also in- editorial entitled ‘‘No Compromise on India, concerned about China’s rising tense international pressure and sanc- Burma’’ dated March 29, 2004; a copy of dominance, has stepped up its relations with tions. In Burma, the regime has rav- Burma. Indian Prime Minister Atal Bihari a Washington Post op-ed by the Chair- Vajpayee met with the Burmese foreign min- aged the country, and the people, to man of the Senate Foreign Relations fund its illegal rule. Governments and ister earlier this year, the highest-level con- Committee entitled ‘‘Seeds of Trouble tact between the two countries in more than international institutions must move from Burma’’ dated September 28, 2003; a decade, and India is also reportedly build- past symbolic gestures and cut the life- a copy of a tribute to Suu Kyi authored ing a port on Burma’s coast. lines to Burma’s military regime by rock star Bono in Time Magazine’s Improving ties with regional powers is not through well-implemented sanctions.’’ recent special edition on the world’s necessarily a bad thing, especially if they Amerca already cut that lifeline; it is would push Burma toward more civilized be- time for other democracies to do the 100 most influential people; and a letter havior. same. For freedom’s sake, our allies supporting the renewal of import sanc- But neither Beijing nor New Delhi has and the European Union must impose tions by the President and CEO of the shown any such inclination. Instead the two targeted sanction regimes on Burma. If American Apparel and Footwear Asso- huge neighbors are using Burma as a pawn in ciation. their rivalry, making it a potential source of they are unwilling to take such action friction, not a buffer. Japan is increasingly in support of the courageous and deter- There being no objection, the mate- concerned about China’s penetration of mined people of Burma, they should rial was ordered to be printed in the Burma, and it was to counter China’s influ- act for the sake of the security and sta- RECORD, as follows: ence that the regional grouping of smaller

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4704 CONGRESSIONAL RECORD — SENATE April 29, 2004 countries, the Association of Southeast from her devotion to the principles of non- the junta until it is willing to negotiate an Asian Nations (ASEAN), decided to admit violence. irreversible transition to democratic rule. Burma as a member several years ago. These As much as her compatriots long for the The legitimacy, authority and commit- countries see now that the junta was cyni- release of Suu Kyi, however, that will not by ment of Burma’s democratic leaders to gov- cally using them to try to gain legitimacy. itself be enough to justify the lifting of U.S. ern their country is not in doubt. But the More troubling is the news that Burma, sanctions on the junta. Her party, the Na- international commitment to Burma’s demo- one of the poorest countries on earth, has tional League for Democracy, won 80 percent cratic transformation remains uncertain. contracted with Russia for a nuclear reactor. of the seats in Parliament in a 1990 elec- The Western democracies and Burma’s Both sides insist it is for medical research tion—a popular verdict the military regime neighbors should immediately take three purposes, but even if that’s true, it would still refuses to accept. Until Than Shwe and steps to bolster Burma’s legitimate demo- add an unnecessary proliferation risk to a the other uniformed thugs on the junta com- cratic leaders. world where terrorists are on the prowl for plete what assistant secretary Craner called First, Congress should promptly renew, nuclear material. Some 300 Burmese have ‘‘an irreversible transition to democracy,’’ and the president should sign into law, the been in Russia receiving training to operate sanctions should remain in place. ban on Burma’s imports enacted into law the facility, and Burma has also bought 10 Suu Kyi’s fellow Nobel peace prize winner last July. These sanctions, which are set to MiG-29 fighter jets from Russia. Desmond Tutu has written: ‘‘As in South Af- expire after a review period beginning Fri- Most disturbing of all Burma is renewing rica, the people and legitimate leaders of day, are supported by Burma’s National ties with North Korea that were cut off after Burma have called for sanctions . . . To dis- League for Democracy. The restrictions have North Korean agents in 1983 set off a bomb in mantle apartheid took not only commit- made it more difficult for the Burmese mili- Rangoon that killed 21 people, including four ment, faith and hard work, but also intense tary to tap financial assets abroad, travel or visiting South Korean cabinet members. Be- international pressure and sanctions.’’ accumulate revenue through trade. The Eu- sides possibly reestablishing formal diplo- Tutu’s wisdom should be heeded not only ropean Union, whose member democracies matic relations, the two have held high-level by Washington but also by the European care deeply about protecting human rights, discussions on military cooperation. Union, which is currently considering tar- and whose trade and assistance programs The link-up of these two parish states can geted sanctions on timber and gems, direct give it critical leverage in Southeast Asia, is only spell trouble. North Korea’s main ex- sources of junta revenue. set to announce a new Common Position on port is dangerous weapons technology, and Burma on Thursday. As part of this new pol- there have been reports that Burma is get- [From the Washington Post, April 27, 2004] icy, the EU should also initiate targeted ting missiles and other arms from A NEED TO ACT ON BURMA sanctions against the regime. Second, the EU and the United States, Pyongyang. (By John McCain and Madeleine Albright) These developments have been largely with support from Asian nations, should urge ‘‘Apathy in the face of systematic human overlooked as we concentrated on the war in the junta to implement immediately the pro- rights abuses is immoral. One either sup- Iraq, challenges in the Middle East and un- visions of the U.N. Commission for Human ports justice and freedom or one supports in- predictable developments on the Korean pe- Rights and the U.N. General Assembly reso- justice and bondage.’’ So said Archbishop ninsula. But they are the seeds of a major lutions—including democracy, the rule of Desmond Tutu, the South African Nobel lau- threat to Asian security and stability. The law and respect for human rights. The reate and anti-apartheid leader, who knows world should take notice, and the United United States and the EU should also for- something about the struggle for human States needs to make Burma a priority in its mally place the issue on the agenda of the freedom in the face of tyranny. relations with Russia, China, India and U.N. Security Council, and work urgently to- The world’s democracies have a common ASEAN so that we can forge a multilateral ward a resolution threatening credible sanc- moral obligation to promote justice and free- plan to turn the generals from their dan- tions against the Burmese regime unless it dom. In few places is this obligation more gerous course. initiates meaningful progress toward democ- acute than in Burma, a country in which a racy. band of thugs, led by Gen. Than Shwe, con- Third, China, Thailand, India and other [From the Boston Globe, Mar. 29, 2004] trols the population through violence and Asian nations uncomfortable with a tougher NO COMPROMISE ON BURMA terror. The regime has a record of unchecked response to the junta’s crimes must under- The brutal criminality of the military repression. It has murdered political oppo- stand that diplomatic obfuscation and ob- junta ruling Burma has unified disparate ele- nents, used child soldiers and forced labor, struction on Burma will profoundly affect ments along the American political spec- and employed rape as a weapon of war. Near- their broader bilateral relationships with the trum. In hearings on Burma held by sub- ly one year ago the Burmese military junta Western democracies. Thailand in particular committees of the House International Rela- launched an orchestrated, violent attack should consider this point when it convenes tions Committee last week, a rare solidarity against democracy leader Aung San Suu Kyi its planned international conference to dis- among both Democrats and Republicans was and hundreds of her supporters. Since then cuss what it optimistically calls ‘‘Burma’s on display. the regime has kept more than 1,000 political progress toward democracy.’’ The current regime in Rangoon is activists imprisoned, including elected mem- Beyond these steps, the United States, Eu- complicit in narcotics trafficking, ethnic bers of parliament. It recently sentenced rope and Asian countries must demand the cleansing, forced labor, gruesome abuse of three Burmese citizens to death for con- unconditional release of Aung San Suu Kyi ethnic minorities, and the violent suppres- tacting representatives of the International and her fellow political prisoners, but make sion of free speech and political opposition. Labor Organization. clear that the releases, while necessary, are In response to a deliberate massacre of fel- The Burmese junta, with the cynical sup- insufficient. In addition, they should con- low democrats traveling last May with Nobel port of neighboring governments, has an- tinue calls for a political settlement that re- Peace Prize laureate Aung San Suu Kyi, the nounced a ‘‘road map to democracy,’’ begin- flects the results of the free and fair elec- Bush administration last July signed into ning with a constitutional convention in tions held in 1990. This settlement must in- law tough sanctions that ban imports from May. The convention is expected to be stage- clude a central, determinative role for the Burma. The House hearings were in prepara- managed by the junta, which has offered no National League for Democracy. tion for renewal of those sanctions. meaningful participation to Suu Kyi’s Na- In another era, a dissident playwright Without mincing his words, Lorne Craner, tional League for Democracy, no timetable named Vaclav Havel wrote of the ‘‘power of the State Department’s assistant secretary for progress toward a political transition, no the powerless’’ to overcome rule by fear and for human rights, told the lawmakers that release of political prisoners and no guar- force, at a time when such a revolution in notwithstanding hints about democratiza- antee that the military will cede control to human freedom seemed impossible. The tion dropped by the junta’s chairman, Than democratically elected leaders. Instead, the international community today has the Shwe, and his accomplices, the outlaw re- junta’s proposals seem designed to institu- power to help the powerless inside Burma gime in Rangoon has not taken steps that tionalize military control by creating a ve- throw off the shackles of tyranny. It is time would justify the lifting of sanctions. ‘‘For neer of civilian authority, while meeting to assume this moral responsibility. It is all the hype about a ‘road map for democ- only the minimum expectations of Western time to act. racy,’ nothing has changed for the better for democracies in order to avoid further sanc- democracy or human rights in Burma,’’ tions. AUNG SAN SUU KYI—UNBEARABLE CHOICES Craner said. The Burmese regime’s recent actions dem- (By Bono) The junta has intimated it might release onstrate that years of international engage- It’s hard not to become a monster when Suu Kyi from house arrest in April. This ment and patience have not made the dicta- you are trying to defeat one. Aung San Suu would be a gesture the people of Burma torship more humane, reasonable or open to Kyi is the moral leader of Myanmar, the would welcome, as would everyone around accommodation with its political opponents. country more correctly known as Burma. the world who cherishes human rights and On the contrary, it is only in response to She has been, in effect, under house arrest democracy. Suu Kyi narrowly escaped being international pressure that the regime has since 1989. killed in the assault that the regime staged made even the smallest moves toward a po- Why? First, because of the military juntas last May. Over the years she has accepted litical settlement with the democratic oppo- who came to power in a bloody coup in 1962, painful personal sacrifices for the sake of de- sition. The lesson is clear: The world’s de- and have been running the country with a mocracy in Burma—without ever deviating mocracies and Burma’s neighbors must press truncheon ever since. Second, because of us.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4705 There has been no real roar against these Please accept my best regards, tion on Burma has been productive and human rights abusers, just the odd bark. Yet Sincerely, commendable. I look forward to work- even single-party democracies check their KEVIN M. BURKE, ing with President Bush, Secretary mail. They’re not just muscle; they’re vain. President & CEO. Powell and others on this important Even juntas measure just how many boos Mr. MCCONNELL. Mr. President, I and hisses they can get away with. Suu Kyi’s issue throughout this calendar year. peaceful bloody-mindedness is driven by want to take a moment to provide my This joint resolution will renew sanc- courage, but her captors’ bloody bloody- colleagues with insights into how seri- tions against Burma for an additional mindedness is driven by fear—fear of losing ous and dedicated those who support year. the business they are running for them- the struggle for freedom in Burma re- Roughly a year ago, Senator MCCAIN, selves. main. Senator FEINSTEIN, and I came to the Suu Kyi is a real hero in an age of phony Since the enactment of the Burmese Senate floor to talk about the arrest phone-in celebrity, which hands out that Freedom and Democracy Act in July and reincarceration of Aung San Suu title freely to the most spoiled and under- qualified. Her quiet voice of reason makes 2003, numerous colleagues and I have Kyi, the hero of the Burma democracy. the world look noisy, mad; it is a low mantra written to the administration and the To refresh everyone’s memory, she of grace in an age of terror, a reminder of ev- United Nations in support of democ- and her party won an overwhelming erything we take for granted and just what racy in Burma. The following is a list landslide election back in 1990 when it can take to get it. Thinking of her, you of those letters that I have initiated or the military thugs who run the coun- can’t help but use anachronistic language of signed—but it is by no means an ex- try—mistakenly, from there point of duty and personal sacrifice. haustive list as it does not include any view—allowed an election. The NLD U2 wrote the song Walk On to honor this and Suu Kyi won virtually 80 percent amazing woman who put family second to letters individual members may have country, who for her convictions made an sent themselves: of the vote and were never allowed to unbearable choice—not to see her sons grow August 1, 2003: a letter to President take over. She was then essentially put and not to be with her husband as he lost his Bush signed by myself and Senators under house arrest and has been mostly life to a long and painful cancer. Suu Kyi, FEINSTEIN, BROWNBACK, and LEAHY ex- under house arrest all these years. with an idea too big for any jail and a spirit pressing concern with Thailand’s lack Here we are some 14 years later. too strong for any army, changes our view— of support for the struggle of freedom During that time, her husband passed as only real heroes can—of what we believe in Burma. away while living in England. She to be possible. The jury is still out on wheth- didn’t get to visit him because she er we deserve the faith she has put in us. September 12, 2003: a letter to Sec- Walk On won record of the year at the retary Powell signed by myself encour- knew if she went to England, she would Grammys, a very proud moment. But in aging him to bring up the plight of Suu never be allowed back into the coun- front of an audience of millions, I did what Kyi and other Burmese democracy ac- try. She is the symbol of Burmese free- I’ve begged others not to do. I forgot to say tivists with the United Nations and all dom and democracy and has been under thank you to the woman in front of the song. Security Council members, particu- house arrest all these years. Thank you. A little over roughly this month last larly China. September 30, 2003: a letter to Presi- year, she was allowed to go out and go AMERICAN APPAREL & around the country. Her motorcade dent Bush signed by myself and Sen- FOOTWEAR ASSOCIATION, was attacked and a number of people April 5, 2004. ators FEINSTEIN, MCCAIN, HOLLINGS, were killed. She was injured and was Hon. MITCH MCCONNELL, SANTORUM, GRAHAM, ALLEN, DODD, SES- sent into confinement once again— U.S. Senate, SIONS, MIKULSKI, CAMPBELL, CLINTON, raising the issue again in the public Washington, DC. SMITH, MURRAY, COLLINS, FEINGOLD, DEAR SENATOR MCCONNELL: Last year, you mind, which, unfortunately, has not EDWARDS, BENNETT, LANDRIEU, BURNS, were instrumental in an effort that led to been in the forefront as often as it CANTWELL, CORZINE, WYDEN, BROWN- the successful enactment of the Burmese should have been over the years. BACK, LAUTENBERG, KOHL, MURKOWSKI, Freedom and Democracy Act of 2003 to send Burma for many people has been sort a clear and unmistakable message that the BUNNING, LIEBERMAN, SARBANES, HAR- of out of sight and out of mind. It has United States is not interested in doing busi- KINS, DAYTON, VOINOVICH, LEAHY, and ness with regimes such as the one that bru- not enjoyed the kind of international DURBIN urging his support for Thailand attention that repression deserves. tally enslaves the people of Burma. The to play a more constructive role within American Apparel & Footwear Association What Senator MCCAIN, Senator FEIN- in proud to have supported this historic ASEAN to promote genuine national STEIN, and I have been trying to do is measure. reconciliation in Burma. lead the United States to have a more This landmark legislation included a total November 24, 2004: a letter to U.N. proactive interest in this. That is what ban on imports from Burma. As you may re- Secretary-General Kofi Annan signed the Burma sanctions bill is about. It call, the import ban will expire unless Con- by myself and Senators FEINSTEIN, passed last June and was signed by the gress passes, and the President signs into MCCAIN, and BROWNBACK calling on the law, a one-year renewal by the end of July. President Last July. Secretary Powell Since this law took effect, the ruling mili- U.N. to assume a leadership role to en- was before the Foreign Operations Sub- tary junta in Burma has shown no willing- force the will of the international com- committee a few weeks ago, and he in- ness to address the many problems that munity in recognizing the results of dicated that the administration sup- made these sanctions necessary. Indeed, as the 1990 elections. ports renewal of these sanctions for an the most recent State Department Human March 1, 2004: a letter to President additional year. That is what the joint Rights report (in what appears to be an echo Bush signed by myself and Senators resolution I just introduced on behalf of more than a decade of similar reports) FEINSTEIN, MCCAIN and Representa- states, ‘‘The Government’s extremely poor of Senator FEINSTEIN, Senator MCCAIN, human rights record worsened [in 2003], and tives LANTOS, KING and PITTS urging and others will do. it continued to commit numerous serious continued sanctions against Burma and Sanctions have had some impact. We abuses.’’ Moreover, last week, State Depart- increased engagement with the EU. all know sanctions have mixed results ment officials told the House International March 29, 2004: a letter to Secretary in bringing down regimes. Frequently, Relations Committee, ‘‘Sanctions are a key Powell signed by myself urging him to they do not work, but there is one real- component of our policy in bringing democ- use the Berlin donor conference on Af- ly classic example of a place where racy to Burma and have been a key source of ghanistan to work the Burma issue international sanctions made a dif- support for the morale of many democracy with the EU and Japan. activists.’’ ference, and that was changing the re- Now is the time to reinforce our sanctions I would be remiss if I did not ac- gime in South Africa. In that par- tools against this regime, and, more impor- knowledge the support and leadership ticular instance, the United States led tantly, to actively seek similar steps from of Senators FEINSTEIN and MCCAIN. and the rest of the world followed, and other countries. Accordingly, we urge you to Both have stood steadfastly with the the sanctions became so widespread introduce as soon as possible the legislation people of Burma. They are champions and the pressure so intense that it ac- necessary to renew this import ban, as ar- of freedom in that country, and I am tually brought about a change in the ticulated in Section (9)(b)(2) of the Burmese pleased and proud to once again work Freedom and Democracy Act of 2003. regime in South Africa, and the major- We look forward to working with you to with them on this issue. ity there was allowed to take power. see this renewal swiftly considered and en- The partnership between Congress We have had a difficult time getting acted. and senior members of the Administra- the kind of international cooperation

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4706 CONGRESSIONAL RECORD — SENATE April 29, 2004 on sanctions on Burma we would like We have quite often heard—some- Mr. MCCONNELL. And the ASEAN to see, but we have started down that times justified, sometimes unjusti- meeting is scheduled to be in Burma in path. fied—criticism from our European a few years. This bill, which was signed last year, friends about our lack of attention to Mr. MCCAIN. Remarkable in itself. this Burma sanctions bill, spurred human rights, too much attention to What kind of an organization can call other nations to toughen their stance politics, et cetera. This is an oppor- itself an advocate of freedom and de- against Burma, denied the military re- tunity for our European friends to join mocracy and have a meeting in the gime 13 percent of its export market, us and bring about the freedom of the center of a repressive outrageous gang and blocked $13 million in financial Burmese people—I refuse to call it of thugs? transactions to Burma. That is not a Myanmar—the Burmese people, free Mr. MCCONNELL. It was a stunning huge amount of money but it is a start. this great Nobel Peace Prize winner decision to schedule the meeting there. If the other countries in that area of and spread democracy and freedom And now, if they stick with the sched- the world, the ASEAN countries, and through the world. ule, I wonder how ASEAN can explain the Europeans, would give the atten- I thank again Senator MCCONNELL their tolerance of this regime? Give tion to this that it deserves, we could for his leadership. This legislation this regime nuclear weapons and it have meaningful international sanc- would not have been passed without would look very much like North tions that really bite. the leadership of you and Senator Korea, would it not, I ask my friend? The European Union and the U.N. FEINSTEIN. I am very grateful. Mr. MCCAIN. That is an excellent will, frankly, have to be much more Mr. MCCONNELL. Thank you very point. One of the reasons, perhaps, we supportive of freedom in Burma. Both much, I say to my friend from Arizona. do not pay as much attention to them need to be much more proactive than He was mentioning the fact that we, is because they do not have weapons of they have been if this is going to work. this country, is frequently criticized mass destruction. The only difference Bishop Tutu, with whom we are all because it does not take a multilateral between them and Pyongyang is that familiar, the South African bishop, be- approach to difficult issues. What we they do not and the North Koreans do. lieves if we had the kind of inter- have been advocating as aggressively That is a heck of a comment on the at- national pressure and cooperation on as we can is a widespread multilateral, tention of us. Burma sanctions that we had on South multinational approach to dealing with I don’t want to take too much time, African sanctions, it could, indeed, this Myanmar regime, which no one de- but I will relate a story with which bring about a change in the regime in fends but seems to be allowed to con- Senator MCCONNELL is familiar. Aung Burma. tinue to operate because they are out San Suu Kyi was married while in Eng- My friend Senator MCCAIN and I have of sight and out of mind. Here we are land to a wonderful man and has two had an opportunity to discuss this advocating a multilateral approach. As sons. A few years ago, a very short issue off and on over the years. He had the Senator from Arizona points out, time ago, her husband was dying in a unique opportunity, which I have where are the Europeans? England. This gang of thugs said that never experienced. I have gotten notes Mr. MCCAIN. I think we need to she could, of course, go with her hus- from Aung San Suu Kyi but never ac- make this a very high priority both in band—he was not allowed to come to tually had a chance to meet her. I the United Nations and with the Euro- Burma—to be with her husband while know Senator MCCAIN had that oppor- pean Union and with others. I know tunity. He and I both have been in- he was dying but she could not come Senator MCCONNELL is very familiar spired by the example she has set. I be- back. So these unspeakable characters with this brave woman and her fol- lieve, am I not correct, Senator would not allow her to go be with her lowers. A lot of Americans, unfortu- husband as he died. MCCAIN, you dealt with her in your nately, are not. most recent book as an example of the This is a remarkable statement of Three Burmese citizens were recently kind of courage that should be widely her courage and dedication and also re- sentenced to death for contacting rep- applauded? markable commentary on the kind of resentatives of the International Labor Mr. MCCAIN. I thank the Senator. people with whom we are dealing. The Mr. President, I ask unanimous con- Organization. They were sentenced to next time the delegate from the U.N., sent that the Senator from Kentucky death for contacting members of the the special delegate—they call it and I be allowed to engage in a dialog. International Labor Organization. This Myanmar—come to see us, our Euro- The PRESIDING OFFICER (Mr. EN- woman has been kept under house ar- pean friends come to see us and talk SIGN). Without objection, it is so or- rest. Her followers have been beaten about powers of persuasion, remind dered. and killed. The cruelties, the unspeak- them of that story. I think it would be Mr. MCCAIN. Senator MCCONNELL, I able cruelties that have been inflicted very difficult to argue that these peo- thank you and Senator FEINSTEIN for on the Burmese people by these thugs ple are rational or willing to listen to your leadership on this issue. What you are incredible. reason. have done last year is important. It is Senator MCCONNELL, recently we Again, I thank Senator MCCONNELL very important again this year. were talking about Iraq and freeing the for all of his hard work. Senator MCCONNELL, you put your people of Iraq. We celebrated the 10- Mr. MCCONNELL. If I could say to finger on one of the real tough aspects year anniversary of Rwanda and we my friend from Arizona, staff reminds of this. People all over Burma, includ- said never again. Eight hundred thou- me, Burma takes the chairmanship of ing the members of the National sand people were killed in Rwanda and ASEAN in 2006. They actually take the League for Democracy, the party that we said never again. After the Holo- chairmanship. That is a completely ab- was overwhelmingly elected to take caust, we said never again. Are we surd and unacceptable result. power and run the country of Burma, going to look back on Burma and say Mr. MCCAIN. Americans are great are grateful to us. It is very tough for never again after thousands of people people. We are providing a service opposition within a country to support have been tortured and murdered and today with your and Senator FEIN- sanctions which hurt that country eco- imprisoned and mistreated? STEIN’s legislation to bring attention nomically. Yet this organization, Security forces, according to na- to the plight of the people halfway which she leads, supports sanctions be- tional organizations, continue to com- around the world and their noble and cause of the terrible things this group mit extrajudicial killings, rape, forc- courageous leader who has been a of gangsters have done to their coun- ibly relocate persons, and the use of Nobel Peace Prize winner. try. forced labor. It is going on. Are we Every once in a while we do some- Senator MCCONNELL, you point out some years from now going to say thing very worthwhile around here and very importantly, apartheid was over- never again? Are we internationally I thank the Senator for his leadership. thrown in South Africa because of a going to exert the pressures of which Mrs. FEINSTEIN. Mr. President, I united front which the United States we are capable—by the way, including thank the Senator from Kentucky and led, an issue in which you were heavily our friends in ASEAN who took Burma the Senator from Arizona for their involved. Now the Europeans seem to into ASEAN with the announced inten- words. I had hoped to join them on the be dragging their feet. tion of reforming this gang of thugs? floor earlier, but I was in the Judiciary

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4707 Committee. So I am very pleased to be The government engages in the pro- cratic party, to meet with Aung San able to be here now to say a few words duction and distribution of opium and Suu Kyi to discuss their participation in support of this effort. methamphetamine. at the convention. But this is hardly I first became involved in the Bur- The Thai-sponsored ‘‘Bangkok Proc- progress. mese, or Myanmar, dilemma back in ess’’—designed to mediate a solution to ‘‘Substantial and measurable’’ 1995–1996 with then-Senator William the political situation in Burma—col- progress is just that, and we should not Cohen, and we offered some legislation lapsed after one meeting with the settle for lofty pronouncements when at that time. So we have had the op- SPDC’s refusal to attend further ses- they have a record of breaking their portunity to follow this situation. I sions with ‘‘like-minded’’ countries. word on virtually every statement they then worked with Senator MCCONNELL The regime said it was ‘‘too busy’’ to have made. a year ago on this legislation. And now attend this week’s session. So I am very pleased that Secretary I am very pleased to support the re- For years, we have been working of State Colin Powell has testified that newal of the sanctions imposed on with ASEAN nations to put pressure on the administration supports reauthor- Burma by the Burmese Freedom and the military junta to make changes. izing the sanctions. He recently stated: Democracy Act of 2003. But these nations were reluctant to do I have seen no improvement in the situa- Last year, in response to a brutal and so. The Thailand-sponsored Bangkok tion. Aung San Suu Kyi remains unable to vicious coordinated assault by Process aimed to do the same thing. participate in public political life in Burma, progovernment paramilitary thugs on However, what is clear is that the mili- and we will not ignore that. We will not members of the National League for tary junta has ignored those efforts. shrink from the strong position we have taken. Democracy (NLD), and the arrest and So over the past several months, the detention of NLD’s leader, the Nobel regime has gone to great lengths to re- So now is not the time to reduce our Peace Price winner, Aung San Suu Kyi, habilitate its standing with neighbors support for this brave leader. Now is the U.S. Congress overwhelmingly and the international community. the time to stand with her side by side, passed this act. The purpose was to im- Some thought this was evidence that to buttress her, to reinforce her, to pose a complete import ban on prod- the junta was committed to national point out, over and over again that she ucts from Burma. reconciliation, that engagement works, is the elected democratic leader of that Working together, the Congress and and that the sanctions and other pres- country; now is the time to show the the administration demonstrated our sures on Rangoon should be eased to fa- SPDC that America is not going to determination to put pressure on the cilitate the implementation of this new stand by and see members of the par- ruling State Peace and Development roadmap. liament jailed, not going to stand by Council—that is the military junta for- But I think they are mistaken be- and see her people continually at- merly known as the SLORC—to release cause I think we have learned some- tacked, and not going to stand by and Suu Kyi, and also to respect the 1990 thing now about this regime’s inten- see every promise the junta made vio- elections decisively won by the Na- tions. So what we need is substantive lated. tional League for Democracy party in and meaningful action, not more prom- So I feel very strongly and am very ises and empty statements and failure Burma and put Burma on an irrevers- pleased to join with the distinguished to deliver on commitments. ible path of national reconciliation and Senators from Kentucky and Arizona For over 15 years, this junta has en- in supporting this extension legisla- democracy. One year later, it is clear gaged in a systematic campaign to that the SPDC has failed to make sub- tion. wipe out the democratic movement in S.J. RES. 36 stantial and measurable progress to- Burma and the NLD’s 1990 election vic- ward implementing a democratic gov- Whereas the State Peace and Development tory. Council (SPDC) has failed to make substan- ernment to have those sanctions lifted. For over 15 years, we have listened to The junta has failed. The world has tial and measurable progress toward imple- assurances that the junta was com- menting a democratic government in Burma; condemned the arrest of Aung San Suu mitted to national reconciliation and a Whereas the courage and determination of Kyi. They have called for her uncondi- dialog with all parties on restoring de- the people of Burma in their struggle for tional release. She still remains under mocracy, and still nothing has hap- freedom and justice remains steadfast and house arrest. NLD Vice-Chairman U pened. strong; Tin Oo also remains in custody. I was actually cautiously optimistic Whereas import sanctions and other re- Last August, the junta proposed a when Suu Kyi was first released from strictions against the SPDC and its affiliated seven-point ‘‘roadmap’’ to democracy. house arrest 2 years ago. Yet sure entities should remain in force until Burma embarks on an irreversible path of reconcili- That included a national convention to enough, 1 year later, she was back in take place the following month to draft ation that includes the full and unfettered custody. The regime showed its true participation of the National League for De- a new constitution. Yet there is no colors in orchestrating and carrying mocracy and ethnic minorities in the coun- timetable for restoration of democ- out a brutal attack. After her release, try; and racy, no assurance that the junta will Aung San Suu Kyi had gone on the Whereas the Department of State supports give up power, and no meaningful par- road. She was greeted with enormous the continuation of sanctions against the ticipation for Suu Kyi and her party. popularity. The junta’s forces attacked SPDC: Now, therefore, be it Numerous human rights abuses, inher caravan. Many of her people were Resolved by the Senate and House of Rep- resentatives of the United States of America in cluding torture, forced labor, rape, and killed; many were arrested; and she sex trafficking continue unabated. Congress assembled, That Congress approves was shoved back into house arrest for the renewal of the import restrictions con- The most recent State Department doing nothing more than what she was tained in section 3(a)(1) of the Burmese Free- report indicates that: elected originally to do. dom and Democracy Act of 2003. The Government’s extremely poor human So whatever the regime might say rights record worsened [in 2003] and it con- about ‘‘roadmaps’’ and ‘‘national con- Mr. MCCAIN. Mr. President, I would tinued to commit numerous abuses. ventions,’’ their actions have clearly like to commend Senators MCCONNELL Recently, the junta sentenced three demonstrated they are uninterested in and FEINSTEIN for introducing legisla- Burmese citizens to death for one restoring democracy to the Burmese tion that will renew sanctions con- thing: for meeting with representatives people and, more importantly, they are tained in last year’s Burmese Freedom of the ILO, the International Labor Or- going to take any steps they can to and Democracy Act. I am proud to be ganization. That is how repressive this hold on to power. an original cosponsor of this resolu- regime is. If you meet with an organi- Even if, as we all hope, Aung San Suu tion. zation not favored by the government, Kyi is released and is invited to take The world’s democracies have a com- you could be sentenced to death. part in a national convention, I think mon moral obligation to promote Mr. President, 1,300 political pris- we should maintain the pressure on human rights. In few places is the lack oners are still in jail, many of them this junta and keep the sanctions in of freedom and justice more appalling elected parliamentarians. According to place. than in Burma, a country in which a the State Department, three political Now, earlier this week, the junta al- band of thugs, led by General Than prisoners died in custody last year. lowed members of the NLD, the demo- Shwe, controls the population through

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4708 CONGRESSIONAL RECORD — SENATE April 29, 2004 violence and terror. The Burmese re- of this, the dismal economic polices trols the population through violence and gime has a record of unchecked repres- implemented by Burma’s rulers have terror. The regime has a record of unchecked sion. It has murdered political oppo- led to widespread poverty and the repression. It has murdered political opponents, used child soldiers and forced labor, nents, used child soldiers and forced flight of most foreign investors. and employed rape as a weapon of war. Near- labor, and employed rape as a weapon Sadly, the picture is clear. So long as ly one year ago the Burmese military junta of war. Nearly one year ago the Bur- this band of thugs rules Burma, its peo- launched an orchestrated, violent attack mese military junta launched an or- ple will be never be free. They will re- against democracy leader Aung San Suu Kyi chestrated, violent attack against de- main mired in poverty and suffering, and hundreds of her supporters. Since then mocracy leader Aung San Suu Kyi and cut off from the world, with only their the regime has kept more than 1,000 political hundreds of her supporters. Since then indomitable spirit to keep them mov- activists imprisoned, including elected members of parliament. It recently sentenced the regime has kept more than 1,000 po- ing forward. three Burmese citizens to death for con- litical activists imprisoned, including For this reason I stand in support of tacting representatives of the International elected members of parliament. It also the joint resolution that will renew the Labor Organization. recently sentenced three Burmese citi- import restrictions contained in last The Burmese junta, with the cynical sup- zens to death for contacting represent- year’s legislation—sanctions that are port of neighboring governments, has an- atives of the International Labor Orga- supported by the National League for nounced a ‘‘road map to democracy,’’ beginning with a constitutional convention in nization. Democracy. These restrictions must re- May. The convention is expected to be stage- And Aung San Suu Kyi remains a main until Burma embarks on a true managed by the junta, which has offered no captive. Because she stands for democ- path of reconciliation—a process that meaningful participation to Suu Kyi’s Na- racy, this heroic woman has endured must include the NLD and Burmese tional League for Democracy, no timetable attacks, arrest, captivity, and untold ethnic minorities. I note, however, that for progress toward a political transition, no sufferings at the hands of the regime. while the American people have spoken release of political prisoners and no guar- The junta fears Aung San Suu Kyi be- with one voice in support of freedom in antee that the military will cede control to cause of what she represents—peace, Burma, it is past time that the leaders democratically elected leaders. Instead, the junta’s proposals seem designed to institu- freedom and justice for all Burmese of other nations do the same. No other tionalize military control by creating a ve- people. The thugs who run Burma have country has yet implemented U.S.- neer of civilian authority, while meeting tried to stifle her voice, but they will style economic sanctions. The Euro- only the minimum expectations of Western never extinguish her moral courage. peans should reject half measures and democracies in order to avoid further sanc- Her leadership and example shines join the United States in targeted tions. brightly for the millions of Burmese sanctions against the military regime. The Burmese regime’s recent actions dem- who hunger for freedom, and for those onstrate that years of international engage- China, Thailand, India and other Asian ment and patience have not made the dicta- of us outside Burma who seek justice nations uncomfortable with a tougher torship more humane, reasonable or open to for its people. The work of Aung San response to the junta’s crimes must un- accommodation with its political opponents. Suu Kyi and the members of the Na- derstand that diplomatic obfuscation On the contrary, it is only in response to tional League for Democracy must be and obstruction on Burma will pro- international pressure that the regime has the world’s work. foundly affect their broader bilateral made even the smallest moves toward a po- In recognition of this, last year the relationships with the Western democ- litical settlement with the democratic opposition. The lesson is clear: The world’s de- Congress overwhelmingly passed the racies. Burmese Freedom and Democracy Act. mocracies and Burma’s neighbors must press Mr. President, this week I co-au- the junta until it is willing to negotiate an In doing so, we took active steps to thored with former Secretary of State irreversible transition to democratic rule. pressure the military junta, and we Madeleine Albright an editorial on The legitimacy, authority and commit- sent a signal to the Burmese people Burma for the Washington Post. This ment of Burma’s democratic leaders to gov- that they are not forgotten—that the article enumerates several of the ern their country is not in doubt. But the American people care about their free- points that I have made here, and illus- international commitment to Burma’s demo- dom and will stand up for justice in cratic transformation remains uncertain. trates the bipartisan consensus that we The Western democracies and Burma’s their country. must act to promote democracy and neighbors should immediately take three The State Department released just human rights in Burma. I ask unani- steps to bolster Burma’s legitimate demo- this week a new report on U.S. trade mous consent that a copy of our edi- cratic leaders. sanctions against Burma. This report torial be printed in the RECORD at the First, Congress should promptly renew, notes that the Freedom and Democracy end of my remarks. and the president sign into law, the ban on Act encouraged ASEAN nations to The PRESIDING OFFICER. Without Burma’s imports enacted into law last July. take a critical stance on Burma, and These sanctions, which are set to expire objection; it is so ordered. after a review period beginning Friday, are that these pressures were likely a fac- (See exhibit 1.) supported by Burma’s National League for tor behind the junta’s August an- Mr. MCCAIN. In this article, we quote Democracy. The restrictions have made it nouncement of a ‘‘roadmap’’ toward Archbishop Desmond Tutu, a man who more difficult for the Burmese military to democratic transition. While this road- knows quite a bit about life under tyr- tap financial assets abroad, travel or accu- map is sorely lacking, it does point to anny and oppression. The Archbishop mulate revenue through trade. The European the tangible effect that our efforts are said that ‘‘Apathy in the face of sys- Union, whose member democracies care having inside the country. tematic human rights abuses is im- deeply about protecting human rights, and Yet since we passed our bill last year, moral. One either supports justice and whose trade and assistance programs give it the ruling State Peace and Develop- critical leverage in Southeast Asia, are set freedom or one supports injustice and to announce a new Common Position on ment Council has failed to make sub- bondage.’’ Mr. President, today we sup- Burma on Thursday. As part of this new pol- stantial progress toward implementing port justice and freedom. icy, the EU should also initiate target sanc- a democratic government in Burma. EXHIBIT 1 tions against the regime. The new State Department report indi- [From the Washington Post, April 27, 2004] Second, the EU and the United States, cates that Burma’s ‘‘extremely poor with support from Asian nations, should urge A NEED TO ACT ON BURMA the junta to implement immediately the pro- human rights record has worsened over ‘‘Apathy in the face of systematic human the past year, and it continued to com- visions of the U.N. Commission for Human rights abuses is immoral. One either sup- Rights and the U.N. General Assembly reso- mit serious abuses.’’ Pro-democracy ac- ports justice and freedom or one supports in- lutions—including democracy, the rule of tivists remain in detention, the Na- justice and bondage.’’ So said Archbishop law and respect for human rights. The tional League for Democracy offices re- Desmond Tutu, the South African Nobel lau- United States and the EU should also for- main closed, and citizens do not have reate and anti-apartheid leader, who knows mally place the issue on the agenda of the the right to change their government. something about the struggle for human U.N. Security Council, and work urgently to- Security forces continue to commit freedom in the face of tyranny. ward a resolution threatening credible sanc- The world’s democracies have a common extrajudicial killings and rape, forcibly tions against the Burmese regime unless it moral obligation to promote justice and free- initiates meaningful progress toward democ- relocate persons, and use forced labor. dom. In few places is this obligation more racy. The military junta refuses to tolerate acute than in Burma, a country in which a Third, China, Thailand, India and other any form of political opposition. On top band of thugs, led by Gen. Than Shwe, con- Asian nations uncomfortable with a tougher

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4709 response to the junta’s crimes must under- important. I want to associate myself Whereas the University of Minnesota Gold- stand that diplomatic obfuscation and ob- with their remarks and will be brief en Gophers women’s ice hockey team is the struction on Burma will profoundly affect here today. only women’s sport at the University to win their broader bilateral relationships with the The message that we are sending to a national championship; Western democracies. Thailand in particular the ruling junta in Burma is clear: its Whereas sophomores Krissy Wendell, Nat- should consider this point when it convenes alie Darwitz, and Allie Sanchez and juniors its planned international conference to dis- behavior is outrageous. Aung San Suu Jody Horak and Kelly Stephens were se- cuss what it optimistically calls ‘‘Burma’s Kyi is the rightful leader of the demo- lected for the 2003–2004 National Collegiate progress toward democracy.’’ cratic opposition in Burma. She and Athletic Association All-Tournament team, Beyond these steps, the United States, Eu- other opposition leaders must be im- and Krissy Wendell was named the tour- rope and Asian countries must demand the mediately released. nament’s Most Valuable Player; unconditional release of Aung San Suu Kyi But, as important as U.S. leadership Whereas sophomore Krissy Wendell was and her fellow political prisoners, but make is on this issue, we all know it is not named to the Jofa Women’s University Divi- clear that the releases, while necessary, are enough. Burma’s neighbors—India, sion Ice Hockey All-American first team, and sophomore Natalie Darwitz was named insufficient. In addition, they should con- Thailand, and China—must also act. tinue calls for a political settlement that re- to the Jofa Women’s University Division Ice flects the results of the free and fair elec- For too long, the silence of these key Hockey All-American second team; tions held in 1990. This settlement must in- nations has been deafening. To obtain Whereas seniors Kelsey Bills, La Toya clude a central, determinative role for the real change in Burma, these and other Clarke, Melissa Coulombe, and Jerilyn Glenn National League for Democracy. nations in the region must change made tremendous contributions to the Uni- In another era, a dissident playwright course, speak out and disavow the versity of Minnesota Golden Gophers wom- named Vaclav Havel wrote of the ‘‘power of failed policies of engagement. en’s ice hockey program; the powerless’’ to overcome rule by fear and I know that the sponsors of the legis- Whereas the University of Minnesota Gold- force, at a time when such a revolution in lation recognize this. I have heard Sen- en Gophers women’s ice hockey head coach human freedom seemed impossible. The Laura Halldorson, for the third time since ator MCCONNELL speak frequently of international community today has the 1998, has been named the American Hockey power to help the powerless inside Burma the need for a ‘‘full court press’’ by the Coaches Association’s Division I Women’s throw off the shackles of tyranny. It is time international community on this issue. Coach of the Year (2003–2004); and to assume this moral responsibility. It is While I am not so naı¨ve as to believe Whereas all of the team’s players showed time to act. that this legislation will instantly tremendous dedication throughout the season toward their goal of winning the na- Mr. LEAHY. Mr. President, it sad- cause a change of heart among the SPDC, I am hopeful that constant pres- tional championship: Now, therefore, be it dens me to rise today to speak about Resolved, That the Senate— the situation in Burma. Burma is a sure U.S. pressure and others will, one (1) commends the University of Minnesota beautiful country with a rich history. day, lead to a breakthrough. women’s ice hockey team for winning the Regrettably, this great nation, with so Everyone in the Senate would like to 2003–2004 National Collegiate Athletic Asso- much potential, is being destroyed by see the SPDC tossed on the ash heap of ciation Division I Women’s Ice Hockey the despotic junta, the State Peace and history, but there is widespread rec- Championship; ognition that this regime is well en- (2) recognizes the achievements of all the Development Council, SPDC. team’s players, coaches, and support staff Natural resources are pillaged, ethnic trenched and will not go away over- night. The immediate goal should be to and invites them to the United States Cap- minorities are brutally repressed, and itol Building to be honored; and most notably, Nobel Laureate, Aung get Aung San Suu Kyi out of house arrest and give her and the NLDF an (3) directs the Secretary of the Senate to San Suu Kyi, is under house arrest—de- transmit an enrolled copy of this resolution nying her the right to help lead her na- equal seat at the table. Considering to the president of the University of Min- that the NLDF was democratically tion. nesota. For more than a decade, the brutal elected to lead Burma, this is a modest and autocratic regime, the SPDC has goal indeed. SENATE RESOLUTION 347—TO COM- Aung San Suu Kyi and her supporters played an outrageous ‘‘game’’ with MEND SENATE ENROLLING have been denied for too long. It is Aung San Suu Kyi. It goes something CLERK THOMAS J. LUNDREGAN time for a change in Burma. I hope like this: pretend to allow Aung San ON THIRTY-SIX YEARS OF SERV- that this is the beginning of the end for Suu Kyi freedom to move around the ICE TO THE UNITED STATES the SPDC and the start of a new era in GOVERNMENT country; when her movements become Burma, allowing that country and its too threatening, put her under house people to achieve the democracy and Mr. FRIST (for himself and Mr. arrest; keep her there until inter- progress they deserve. DASCHLE) submitted the following reso- national pressure becomes too intense; lution; which was considered and eventually let her out, starting it all f agreed to: over again. In other words, isolate SUBMITTED RESOLUTIONS S. RES. 347 Aung San Suu Kyi and stall for time, Whereas in 1967, Thomas J. Lundregan be- while looting the country of its re- came an employee of the Government Print- sources. SENATE RESOLUTION 346—COM- ing Office, and since then has devoted his ca- Once again, we find ourselves in this MENDING THE UNIVERSITY OF reer to the service of the United States Gov- situation. About a year ago, the SPDC MINNESOTA GOLDEN GOPHERS ernment; FOR WINNING THE 2003–2004 NA- Whereas in 1989, Thomas J. Lundregan launched a vicious, pre-meditated at- joined the Office of the Enrolling Clerk in tack against Aung San Suu Kyi and TIONAL COLLEGIATE ATHLETIC the Office of the Secretary of the Senate; other members of the NLDF. The SPDC ASSOCIATION DIVISION I NA- Whereas in 1995, Thomas J. Lundregan be- then placed Aung San Suu Kyi under TIONAL COLLEGIATE WOMEN’S came the Enrolling Clerk of the Senate and house arrest, using the absurd jus- ICE HOCKEY CHAMPIONSHIP has always performed the duties of that of- Mr. DAYTON (for himself and Mr. fice with great dedication, perseverance, and tification that it is for her own safety. humor; Virtually nothing has changed since COLEMAN) submitted the following res- Whereas Thomas J. Lundregan has per- that time. Aung San Suu Kyi remains olution; which was considered and formed a critical role in ensuring the tech- under house arrest and the outrageous agreed to: nical accuracy and legal sufficiency of legis- activities of the SPDC continue S. RES. 346 lation passed by the Senate; unabated. Whereas Thomas J. Lundregan has been in Whereas on Sunday, March 28, 2004, the the forefront of the modernization of the op- It is for this reason that I join Sen- University of Minnesota Golden Gophers de- erations of the Senate Enrolling Clerk; ators MCCONNELL and FEINSTEIN today feated Harvard University in the National Whereas Thomas J. Lundregan has faith- in introducing the joint resolution to Collegiate Athletic Association Division I fully discharged the difficult duties and re- extend the sanctions provided for in National Collegiate Women’s Ice Hockey sponsibilities of Enrolling Clerk of the the Burmese Freedom and Democracy Championship game by a score of 6 to 2, hav- United States Senate with great pride, ening defeated Dartmouth College by a score of Act. The senior Senators from Ken- ergy, efficiency, dedication, integrity, and 5 to 1 in the semifinal; professionalism; tucky and California have already dis- Whereas during the 2003–2004 season, the Whereas Thomas J. Lundregan has earned cussed the situation in Burma and Gophers won an outstanding 30 games, while the respect, affection, and esteem of his col- made the case why this legislation is so losing only 4 and tying 2; leagues and the United States Senate;

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4710 CONGRESSIONAL RECORD — SENATE April 29, 2004 Whereas Thomas J. Lundregan has for 36 SA 3094. Mrs. FEINSTEIN submitted an (1) in subsection (b), by inserting after the years ably and faithfully upheld the high amendment intended to be proposed to first sentence the following: ‘‘The grading standards and traditions of service to the amendment SA 3050 proposed by Mr. system shall include standards for rating the United States Government; and DASCHLE (for himself, Mr. DURBIN, and Mr. fuel efficiency of tires designed for use on Whereas Thomas J. Lundregan will retire JOHNSON) to the bill S. 150, supra; which was passenger cars and light trucks.’’; and from the United States Senate on April 30, ordered to lie on the table. (2) by adding at the end the following: 2004, with 36 years of Service to the United SA 3095. Mrs. FEINSTEIN submitted an ‘‘(d) NATIONAL TIRE FUEL EFFICIENCY PRO- States Government and 15 years Service to amendment intended to be proposed to GRAM.—(1) The Secretary shall develop and the United States Senate; now, therefore, be amendment SA 3050 proposed by Mr. carry out a national tire fuel efficiency pro- it DASCHLE (for himself, Mr. DURBIN, and Mr. gram for tires designed for use on passenger Resolved, That the United States Senate JOHNSON) to the bill S. 150, supra; which was cars and light trucks. commends Thomas J. Lundregan for his ex- ordered to lie on the table. ‘‘(2) The program shall include the fol- emplary service to the United States Senate SA 3096. Mr. SCHUMER submitted an lowing: and the Nation, and wishes to express its amendment intended to be proposed to ‘‘(A) Policies and procedures for testing deep appreciation and gratitude for his long, amendment SA 3050 proposed by Mr. and labeling tires for fuel economy to enable faithful, and outstanding service, and ex- DASCHLE (for himself, Mr. DURBIN, and Mr. tire buyers to make informed purchasing de- tends its very best wishes upon his retire- JOHNSON) to the bill S. 150, supra; which was cisions about the fuel economy of tires. ment. ordered to lie on the table. ‘‘(B) Policies and procedures to promote SEC. 2. The Secretary of the Senate shall SA 3097. Mr. SCHUMER submitted an the purchase of energy-efficient replacement transmit a copy of this resolution to Thomas amendment intended to be proposed to tires, including purchase incentives, website J. Lundregan. amendment SA 3050 proposed by Mr. listings on the Internet, printed fuel economy guide booklets, and mandatory require- f DASCHLE (for himself, Mr. DURBIN, and Mr. JOHNSON) to the bill S. 150, supra; which was ments for tire retailers to provide tire buy- AMENDMENTS SUBMITTED AND ordered to lie on the table. ers with fuel-efficiency information on tires. PROPOSED SA 3098. Mr. SCHUMER submitted an ‘‘(C) Minimum fuel economy standards for amendment intended to be proposed to tires, promulgated by the Secretary. SA 3083. Mr. SCHUMER submitted an ‘‘(3) The minimum fuel economy standards amendment SA 3050 proposed by Mr. amendment intended to be proposed to for tires shall— DASCHLE (for himself, Mr. DURBIN, and Mr. amendment SA 3050 proposed by Mr. ‘‘(A) ensure that the fuel economy of re- JOHNSON) to the bill S. 150, supra; which was DASCHLE (for himself, Mr. DURBIN, and Mr. placement tires is equal to or better than the ordered to lie on the table. JOHNSON) to the bill S. 150, to make perma- average fuel economy of tires sold as origi- SA 3099. Mr. ENZI submitted an amend- nent the moratorium on taxes on Internet nal equipment; ment intended to be proposed to amendment access and multiple and discriminatory ‘‘(B) secure the maximum technically fea- SA 3080 submitted by Mr. ENZI and intended taxes on electronic commerce imposed by sible and cost-effective fuel savings; to be proposed to the bill S. 150, supra; which the Internet Tax Freedom Act; which was or- ‘‘(C) not adversely affect tire safety; was ordered to lie on the table. dered to lie on the table. ‘‘(D) not adversely affect the average tire SA 3100. Mr. ENZI submitted an amend- SA 3084. Mr. SCHUMER submitted an life of replacement tires; ment intended to be proposed to amendment amendment intended to be proposed to ‘‘(E) incorporate the results from— SA 3081 submitted by Mr. ENZI and intended amendment SA 3050 proposed by Mr. ‘‘(i) laboratory testing; and to be proposed to the bill S. 150, supra; which DASCHLE (for himself, Mr. DURBIN, and Mr. ‘‘(ii) to the extent appropriate and avail- was ordered to lie on the table. JOHNSON) to the bill S. 150, supra; which was able, on-road fleet testing programs con- SA 3101. Mr. ALEXANDER submitted an ordered to lie on the table. ducted by the manufacturers; and amendment intended to be proposed by him SA 3085. Mr. SCHUMER submitted an ‘‘(F) not adversely affect efforts to manage to the bill S. 150, supra; which was ordered to amendment intended to be proposed to scrap tires. amendment SA 3050 proposed by Mr. lie on the table. ‘‘(4) The policies, procedures, and stand- SA 3102. Mr. ENZI submitted an amend- DASCHLE (for himself, Mr. DURBIN, and Mr. ards developed under paragraph (2) shall JOHNSON) to the bill S. 150, supra; which was ment intended to be proposed by him to the apply to all types and models of tires that ordered to lie on the table. bill S. 150, supra; which was ordered to lie on are covered by the uniform tire quality grad- SA 3086. Mr. JEFFORDS submitted an the table. ing standards under section 575.104 of title 49, amendment intended to be proposed to SA 3103. Mr. DURBIN submitted an amend- Code of Federal Regulations (or any suc- amendment SA 3050 proposed by Mr. ment intended to be proposed by him to the cessor regulation). DASCHLE (for himself, Mr. DURBIN, and Mr. bill S. 150, supra; which was ordered to lie on ‘‘(5) Not less often than every three years, JOHNSON) to the bill S. 150, supra; which was the table. the Secretary shall review the minimum fuel ordered to lie on the table. SA 3104. Mr. MCCAIN (for Mr. LAUTENBERG) economy standards in effect for tires under SA 3087. Mr. HOLLINGS submitted an proposed an amendment to amendment SA this subsection and revise the standards as amendment intended to be proposed by him 3048 proposed by Mr. MCCAIN to the bill S. necessary to ensure compliance with require- to the bill S. 150, supra; which was ordered to 150, supra. ments under paragraph (3). The Secretary lie on the table. SA 3105. Mr. MCCAIN proposed an amend- may not, however, reduce the average fuel SA 3088. Mr. HOLLINGS submitted an ment to amendment SA 3048 proposed by Mr. economy standards applicable to replace- amendment intended to be proposed by him MCCAIN to the bill S. 150, supra. ment tires. to the bill S. 150, supra; which was ordered to SA 3106. Mr. FRIST (for Ms. SNOWE) pro- ‘‘(6) Nothing in this chapter shall be construed to preempt any provision of State law lie on the table. posed an amendment to the bill S. 2267, to relating to higher fuel economy standards SA 3089. Mr. HOLLINGS submitted an amend section 29(k) of the Small Business applicable to replacement tires designed for amendment intended to be proposed by him Act to establish funding priorities for women’s business centers. use on passenger cars and light trucks. to the bill S. 150, supra; which was ordered to ‘‘(7) Nothing in this chapter shall apply lie on the table. f to— SA 3090. Mr. HOLLINGS submitted an TEXT OF AMENDMENTS ‘‘(A) a tire or group of tires with the same amendment intended to be proposed by him SKU, plant, and year, for which the volume to the bill S. 150, supra; which was ordered to SA 3083. Mr. SCHUMER submitted an of tires produced or imported is less than lie on the table. amendment intended to be proposed to 15,000 annually; SA 3091. Mr. JEFFORDS submitted an ‘‘(B) a deep tread, winter-type snow tire, amendment intended to be proposed to amendment SA 3050 proposed by Mr. DASCHLE (for himself, Mr. DURBIN, and space-saver tire, or temporary use spare tire; amendment SA 3050 proposed by Mr. ‘‘(C) a tire with a normal rim diameter of Mr. JOHNSON) to the bill S. 150, to make DASCHLE (for himself, Mr. DURBIN, and Mr. 12 inches or less; JOHNSON) to the bill S. 150, supra; which was permanent the moratorium on taxes on ‘‘(D) a motorcycle tire; or ordered to lie on the table. Internet access and multiple and dis- ‘‘(E) a tire manufactured specifically for SA 3092. Mr. SCHUMER submitted an criminatory taxes on electronic com- use in an off-road motorized recreational ve- amendment intended to be proposed to merce imposed by the Internet Tax hicle. amendment SA 3050 proposed by Mr. Freedom Act; which was ordered to lie ‘‘(8) In this subsection, the term ‘fuel econ- DASCHLE (for himself, Mr. DURBIN, and Mr. on the table; as follows: omy’, with respect to tires, means the extent JOHNSON) to the bill S. 150, supra; which was to which the tires contribute to the fuel ordered to lie on the table. At the end of the amendment, add the fol- economy of the motor vehicles on which the SA 3093. Mr. SCHUMER submitted an lowing: tires are mounted. amendment intended to be proposed to SEC. ll. MOTOR VEHICLE TIRES SUPPORTING (b) CONFORMING AMENDMENT.—Section amendment SA 3050 proposed by Mr. MAXIMUM FUEL EFFICIENCY. 30103(b) of title 49, United States Code, is DASCHLE (for himself, Mr. DURBIN, and Mr. (a) STANDARDS FOR TIRES MANUFACTURED amended in paragraph (1) by striking JOHNSON) to the bill S. 150, supra; which was FOR INTERSTATE COMMERCE.—Section 30123 of ‘‘When’’ and inserting ‘‘Except as provided in ordered to lie on the table. title 49, United States Code, is amended— section 30123(d) of this title, when’’.

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(c) TIME FOR IMPLEMENTATION.—The Sec- At the end of the amendment, add the fol- than the amount specified in the following retary of Transportation shall ensure that lowing: table: the national tire fuel efficiency program re- SEC. ll. RENEWABLE PORTFOLIO STANDARD. quired under subsection (d) of section 30123 of The Public Utility Regulatory Policies Act title 49, United States Code (as added by sub- ‘‘Calendar year: Minimum annual of 1978 (16 U.S.C. 2601 et seq.) is amended by percentage: section (a)(2)), is administered so as to apply adding at the end of title VI the following: the policies, procedures, and standards devel- 2008 through 2011 ...... 2.5 ‘‘SEC. 609. FEDERAL RENEWABLE PORTFOLIO 2012 through 2015 ...... 5.0 oped under paragraph (2) of such subsection STANDARD. (d) beginning not later than March 31, 2006. 2016 through 2019 ...... 7.5 ‘‘(a) DEFINITIONS.—In this section: 2020 through 2030 ...... 10.0. SA 3084. Mr. SCHUMER submitted an ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The term ‘base amount of electricity’ means the ‘‘(3) MEANS OF COMPLIANCE.—An electric amendment intended to be proposed to total amount of electricity sold by an elec- utility shall meet the requirements of para- amendment SA 3050 proposed by Mr. tric utility to electric consumers in a cal- graph (1) by— DASCHLE (for himself, Mr. DURBIN, and endar year, excluding— ‘‘(A) generating electric energy using new Mr. JOHNSON) to the bill S. 150, to make ‘‘(A) electricity generated by a hydro- renewable energy or existing renewable en- permanent the moratorium on taxes on electric facility (except incremental hydro- ergy; Internet access and multiple and dis- power); and ‘‘(B) purchasing electric energy generated by new renewable energy or existing renew- criminatory taxes on electronic com- ‘‘(B) electricity generated through the in- cineration of municipal solid waste. able energy; merce imposed by the Internet Tax ‘‘(C) purchasing renewable energy credits Freedom Act; which was ordered to lie ‘‘(2) DISTRIBUTED GENERATION FACILITY.— The term ‘distributed generation facility’ issued under subsection (c); or on the table; as follows: means a facility at a customer site. ‘‘(D) a combination of the foregoing. At the end of the amendment, add the fol- ‘‘(3) EXISTING RENEWABLE ENERGY.—The ‘‘(c) RENEWABLE ENERGY CREDIT TRADING lowing: term ‘existing renewable energy’ means— PROGRAM.— SEC. ll. STRATEGIC PETROLEUM RESERVE ‘‘(A) electric energy generated at a facility ‘‘(1) IN GENERAL.—Not later than January DRAWDOWN AUTHORITY. (including a distributed generation facility) 1, 2005, the Secretary shall establish a renew- Section 161(d)(2) of the Energy Policy and placed in service before the date of enact- able energy credit trading program to permit Conservation Act (42 U.S.C. 6241(d)(2)) is ment of this section from solar, wind, ocean, an electric utility that does not generate or amended— or geothermal energy; purchase enough electric energy from renew- (1) in subparagraph (B), by striking ‘‘and’’ ‘‘(B) biomass (as defined in section 504(b)); able energy to meet its obligations under at the end; and subsection (b)(1) to satisfy the obligations by (2) in subparagraph (C), by striking the pe- ‘‘(C) landfill gas. purchasing sufficient renewable energy cred- riod at the end and inserting ‘‘; and’’; and ‘‘(4) INCREMENTAL HYDROPOWER.— its. (3) by adding at the end the following: ‘‘(A) IN GENERAL.—The term ‘incremental ‘‘(2) PROGRAM ELEMENTS.—As part of the ‘‘(D) severe economic conditions or vola- hydropower’ means additional energy gen- program, the Secretary shall— tility in the price of petroleum or petroleum erated as a result of efficiency improvements ‘‘(A) issue renewable energy credits to gen- products exist and pose a significant threat or capacity additions that are— erators of electric energy from new renew- to economic stability.’’. ‘‘(i) made on or after the date of enactment able energy; of this section or the effective date of an ex- ‘‘(B) sell renewable energy credits to elec- SA 3085. Mr. SCHUMER submitted an isting applicable State renewable portfolio tric utilities at the rate of 1.5 cents per kilo- amendment intended to be proposed to standard program at a hydroelectric facility watt-hour (as adjusted for inflation under amendment SA 3050 proposed by Mr. that was placed in service before that date; subsection (h)); and DASCHLE (for himself, Mr. DURBIN, and and ‘‘(C) ensure that a kilowatt hour, including Mr. JOHNSON) to the bill S. 150, to make ‘‘(ii) measured on the basis of the same the associated renewable energy credit, shall permanent the moratorium on taxes on water flow information used to determine a be used only once for purposes of compliance Internet access and multiple and dis- historic average annual generation baseline with this section. ‘‘(3) USE OF CREDITS.—A credit under para- criminatory taxes on electronic com- for the hydroelectric facility; and ‘‘(iii) certified by the Secretary or the graph (2)(A) may be used for compliance with merce imposed by the Internet Tax Commission. this section until the date that is 3 years Freedom Act; which was ordered to lie ‘‘(B) EXCLUSION.—The term ‘incremental after the date on which the credit is issued. on the table; as follows: hydropower’ does not include additional en- ‘‘(d) ENFORCEMENT.— At the end of the amendment, add the fol- ergy generated as a result of operational ‘‘(1) CIVIL PENALTIES.—An electric utility lowing: changes not directly associated with effi- that fails to meet the renewable energy re- SEC. ll. STRATEGIC PETROLEUM RESERVE ciency improvements or capacity additions. quirements of subsection (b) shall be subject DRAWDOWN AUTHORITY. ‘‘(5) NEW RENEWABLE ENERGY.—The term to a civil penalty. Section 161(d)(2) of the Energy Policy and ‘new renewable energy’ means— ‘‘(2) AMOUNT OF PENALTY.—The amount of Conservation Act (42 U.S.C. 6241(d)(2)) is ‘‘(A) electric energy generated at a facility the civil penalty shall be determined by mul- amended— (including a distributed generation facility) tiplying the number of kilowatt-hours of (1) by striking ‘‘(A) an emergency’’ and in- placed in service on or after the date of en- electric energy sold to electric consumers in serting ‘‘(A)(i) an emergency’’; actment of this section from— violation of subsection (b) by the greater of— (2) by striking ‘‘(B) a severe’’ and inserting ‘‘(i) solar, wind, ocean, or geothermal en- ‘‘(A) 1.5 cents (adjusted for inflation under ‘‘(ii) a severe’’; ergy; subsection (h)); or (3) by striking ‘‘(C) such price’’ and insert- ‘‘(ii) biomass (as defined in section 504(b)); ‘‘(B) 200 percent of the average market ing ‘‘(iii) such price’’; ‘‘(iii) landfill gas; or value of renewable energy credits during the (4) by striking ‘‘economy.’’ and inserting ‘‘(iv) incremental hydropower; and year in which the violation occurred. ‘‘economy; or’’; and ‘‘(B) in the case of electric energy gen- ‘‘(3) MITIGATION OR WAIVER.—The Secretary (5) by adding at the end the following: erated at a facility (including a distributed may mitigate or waive a civil penalty under ‘‘(B) there exist severe economic condi- generation facility) placed in service before this subsection if the electric utility was un- tions or volatility in the price of petroleum the date of enactment of this section, the ad- able to comply with subsection (b) for rea- or petroleum products that pose a significant ditional energy above the average generation sons outside the reasonable control of the threat to economic stability that could be during the 3 years preceding the date of en- utility. mitigated by a drawdown and sale of petro- actment of this section at the facility from— ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— leum products from the Strategic Petroleum ‘‘(i) solar, wind, ocean, or geothermal en- The Secretary shall assess a civil penalty Reserve.’’. ergy; under this subsection in accordance with the ‘‘(ii) biomass (as defined in section 504(b)); procedures prescribed by section 333(d) of the SA 3086. Mr. JEFFORDS submitted ‘‘(iii) landfill gas; or Energy Policy and Conservation Act (42 an amendment intended to be proposed ‘‘(iv) incremental hydropower. U.S.C. 6303(d)). to amendment SA 3050 proposed by Mr. ‘‘(b) RENEWABLE ENERGY REQUIREMENT.— ‘‘(e) STATE RENEWABLE ENERGY ACCOUNT DASCHLE (for himself, Mr. DURBIN, and ‘‘(1) IN GENERAL.—An electric utility that PROGRAM.— Mr. JOHNSON) to the bill S. 150, to make sells electricity to electric consumers shall ‘‘(1) IN GENERAL.—Not later than December permanent the moratorium on taxes on obtain a percentage of the base amount of 31, 2008, the Secretary shall establish a State Internet access and multiple and dis- electricity that the electric utility sells to renewable energy account program. electric consumers in any calendar year ‘‘(2) ESTABLISHMENT OF STATE RENEWABLE criminatory taxes on electronic com- from new renewable energy or existing re- ENERGY ACCOUNT.—The State renewable en- merce imposed by the Internet Tax newable energy. ergy account shall be held by the Secretary Freedom Act; which was ordered to lie ‘‘(2) PERCENTAGE.—The percentage ob- and shall not be transferred to the Secretary on the table; as follows: tained in a calendar year shall not be less of the Treasury.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4712 CONGRESSIONAL RECORD — SENATE April 29, 2004 ‘‘(3) DEPOSITS.—All amounts collected by ted by a provider of Internet access service manent the moratorium on taxes on the Secretary from the sale of renewable en- for any taxable period covered by this Act Internet access and multiple and dis- ergy credits and the assessment of civil pen- are lower than such taxes, fees, or other criminatory taxes on electronic com- alties under this section shall be deposited in charges would be if this Act were not law, merce imposed by the Internet Tax the State renewable energy account estab- then the provider shall reduce the amount it lished under this subsection. charges retail users of its Internet access Freedom Act; which was ordered to lie ‘‘(4) USE OF PROCEEDS.—Proceeds deposited service during the next taxable period by an on the table; as follows: in the State renewable energy account shall aliquot amount.’’. Strike all after the first word and insert be used by the Secretary, subject to appro- the following: priations, for a program to provide grants to SA 3088. Mr. HOLLINGS submitted SEC. . RESTORATION OF EXISTING DEFINITION State agencies responsible for developing an amendment intended to be proposed OF INTERNET ACCESS. State energy conservation plans under sec- by him to the bill S. 150, to make per- (a) IN GENERAL.— tion 363 of the Energy Policy and Conserva- manent the moratorium on taxes on (1) Paragraph (3)(D) of section 1101(d) (as tion Act (42 U.S.C. 6322) for the purposes of Internet access and multiple and dis- redesignated by section 2(b)(1) of this Act) is promoting renewable energy production. amended by striking the second sentence and criminatory taxes on electronic com- ‘‘(5) GUIDELINES AND CRITERIA.—The Sec- inserting ‘‘Such term does not include tele- retary may issue guidelines and criteria for merce imposed by the Internet Tax communications services.’’. grants awarded under this subsection. Freedom Act; which was ordered to lie (2) Paragraph (5) of section 1105 (as redesig- ‘‘(6) RECORDS.—A State energy office that on the table; as follows: nated by section 3(1) of this Act) is amended receives a grant under this section shall On page 2, beginning with line 7, strike by striking the second sentence and insert- maintain such records (including evidence of through line 2 on page 3 and insert the fol- ing ‘‘Such term does not include tele- compliance) as the Secretary may require. lowing: communications services.’’. (b) EFFECTIVE DATE.—The amendments ‘‘(7) PREFERENCE.—In allocating funds SEC. . LIMITATION ON TAXATION OF TELE- under the program, the Secretary shall give COMMUNICATIONS SERVICES RE- made by subsection (a) shall take effect on preference to— LATED TO ADVANCED TELE- November 3, 2003. ‘‘(A) States in regions that have a dis- COMMUNICATIONS CAPABILITY. SEC. . LIMITATION ON TAXATION OF TELE- proportionately small share of economically Notwithstanding any provision of the COMMUNICATIONS SERVICES RE- sustainable renewable energy generation ca- Internet Tax Freedom Act (47 U.S.C. 151 LATED TO ADVANCED TELE- pacity; and note) to the contrary (except section 1104 of COMMUNICATIONS CAPABILITY. ‘‘(B) State programs to stimulate or en- that Act), no State or political subdivision Notwithstanding any provision of the hance innovative renewable energy tech- thereof may impose a tax on the retail provi- Internet Tax Freedom Act (47 U.S.C. 151 nologies. sion of advanced telecommunications capa- note) to the contrary (except section 1104 of ‘‘(f) REGULATIONS.—Not later than 1 year bility (as defined in section 706(c)(1) of the that Act), no State or political subdivision after the date of enactment of this section, Telecommunications Act of 1996 (47 U.S.C. thereof may impose a tax on the retail provi- the Secretary shall promulgate regulations 157 note)) to consumers during the period sion of advanced telecommunications, capa- implementing this section. specified in section 1101(a) of that Act. bility (as defined in section 706(c)(1) of the Telecommunications Act of 1996 (47 U.S.C. ‘‘(g) EXEMPTIONS.—This section shall not SEC. . VOIP SERVICES. 157 note)) to consumers during the period apply in any calendar year to an electric Section 1108 of the Internet Tax Freedom specified in section 1101(a) of that Act. utility that— Act (47 U.S.C. 151 note), as added by section ‘‘(1) sold less than 4,000,000 megawatt-hours 6, is amended to read as follows: SEC. . VOIP SERVICES. Section 1108 of the Internet Tax Freedom of electric energy to electric consumers dur- ‘‘SEC. 1108. VOIP SERVICES. ing the preceding calendar year; or Act (47 U.S.C. 151 note), as added by section ‘‘Section 1101(a) shall not apply to the im- ‘‘(2) that is located in Hawaii. 6, is amended to read as follows: position or collection of any tax, fee, or ‘‘(h) INFLATION ADJUSTMENT.—Not later charge on a service advertised or offered to ‘‘SEC. 1108. VOIP SERVICES. than December 31 of each year beginning in consumers for the provision of realtime ‘‘Section 1101(a) shall not apply to the im- 2008, the Secretary shall adjust for inflation voice telecommunications (as the term ‘tele- position or collection of any tax, fee, or the price of a renewable energy credit under communications’ is defined in section 3(43) of charge on a service advertised or offered to subsection (c)(2)(B) and the amount of the the Communications Act of 1934 (47 U.S.C. consumers for the provision of realtime civil penalty per kilowatt-hour under sub- 153(43)) regardless of whether such service voice telecommunications (as the term ‘tele- section (d)(2). employs circuit-switched technology, pack- communications’ is defined in section 3(43) of ‘‘(i) STATE PROGRAMS.— et-switched technology, or any successor the Communications Act of 1934 (47 U.S.C. ‘‘(1) IN GENERAL.—Nothing in this section technology or transmission protocol.’’. 153(43)) regardless of whether such service diminishes any authority of a State or polit- employs circuit-switched technology, pack- ical subdivision of a State to adopt or en- SA 3089. Mr. HOLLINGS submitted et-switched technology, or any successor force any law (including a regulation) re- technology or transmission protocol.’’. specting renewable energy, but no such law an amendment intended to be proposed by him to the bill S. 150, to make per- SEC. . GRANDFATHERING OF EXISTING TAXES. shall relieve any person of any requirement (a) IN GENERAL.—Section 1104 of the Inter- otherwise applicable under this section. manent the moratorium on taxes on net Tax Freedom Act (47 U.S.C. 151 note) is ‘‘(2) COORDINATION.—The Secretary, in con- Internet access and multiple and dis- amended to read as follows: sultation with States having such a renew- criminatory taxes on electronic com- ‘‘SEC. 1104. EXCEPTIONS FOR CERTAIN TAXES. able energy program, shall, to the maximum merce imposed by the Internet Tax ‘‘(a) PRE-OCTOBER, 1998, TAXES.—Section extent practicable, facilitate coordination Freedom Act; which was ordered to lie 1101(a) does not apply to a tax on Internet between the Federal program and State pro- on the table; as follows: access (as that term was defined in section gram. 1104(5) of this Act as that section was in ef- ‘‘(j) SUNSET.—This section ceases to be ef- On page 2, beginning with line 17, strike fect on the day before the date of enactment fective December 31, 2030.’’. through line 2 on page 3 and insert the following: of the Internet Tax Ban Extension and Im- provement Act) that was generally imposed SA 3087. Mr. HOLLINGS submitted SEC. . VOIP SERVICES. Section 1108 of the Internet Tax Freedom and actually enforced prior to October 1, an amendment intended to be proposed 1998, if, before that date, the tax was author- by him to the bill S. 150, to make per- Act (47 U.S.C. 151 note), as added by section 6, is amended to read as follows: ized by statute and either— manent the moratorium on taxes on ‘‘(1) a provider of Internet access services Internet access and multiple and dis- ‘‘SEC. 1108. VOIP SERVICES. had a reasonable opportunity to know by vir- criminatory taxes on electronic com- ‘‘Section 1101(a) shall not apply to the im- tue of a rule or other public proclamation merce imposed by the Internet Tax position or collection of any tax, fee, or made by the appropriate administrative charge on a service advertised or offered to agency of the State or political subdivision Freedom Act; which was ordered to lie consumers for the provision of realtime on the table; as follows: thereof, that such agency has interpreted voice telecommunications (as the term ‘tele- and applied such tax to Internet access serv- Strike the last word and insert the fol- communications’ is defined in section 3(43) of ices; or lowing: the Communications Act of 1934 (47 U.S.C. ‘‘(2) a State or political subdivision thereof SEC. ll. CONSUMER PASSTHROUGH. 153(43)) regardless of whether such service generally collected such tax on charges for The Internet Tax Freedom Act (47 U.S.C. employs circuit-switched technology, pack- Internet access. 151 note) is amended by adding at the end the et-switched technology, or any successor ‘‘(b) TAXES ON TELECOMMUNICATIONS SERV- following: technology or transmission protocol.’’. ICES.—Section 1101(a) does not apply to a tax ‘‘SEC. 1109. CONSUMER PASSTHROUGH OF TAX on Internet access that was generally im- SAVINGS. SA 3090. Mr. HOLLINGS submitted posed and actually enforced as of November ‘‘If the taxes, fees, or other charges im- an amendment intended to be proposed 1, 2003, if, as of that date, the tax was author- posed by a State or local government remit- by him to the bill S. 150, to make per- ized by statute and either—

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‘‘(1) a provider of Internet access services ‘‘(8) INDIRECT EMISSIONS.—The term ‘indi- ‘‘SEC. 703. NATIONAL GREENHOUSE GAS REG- had a reasonable opportunity to know by vir- rect emissions’ means greenhouse gas emis- ISTRY. tue of a rule or other public proclamation sions that are a consequence of the activities ‘‘(a) ESTABLISHMENT.—In consultation with made by the appropriate administrative of an entity but that are emitted from the Secretary of Commerce, the Secretary of agency of the State or political subdivision sources owned or controlled by another enti- Agriculture, the Secretary of Energy, States, thereof, that such agency has interpreted ty. the private sector, and nongovernmental or- and applied such tax to Internet access serv- ‘‘(9) NATIONAL GREENHOUSE GAS EMISSIONS ganizations concerned with establishing ices; or INFORMATION SYSTEM.—The term ‘national standards for reporting of greenhouse gas ‘‘(2) a State or political subdivision thereof greenhouse gas emissions information sys- emissions, the Administrator shall establish generally collected such tax on charges for tem’ means the information system estab- and administer a national greenhouse gas Internet access service.’’. lished under section 702(a). registry to collect information reported (b) EFFECTIVE DATE.—The amendment ‘‘(10) NATIONAL GREENHOUSE GAS EMISSIONS under section 704(b). made by subsection (a) takes effect on No- INVENTORY.—The term ‘national greenhouse ‘‘(b) AVAILABILITY OF DATA TO THE PUB- vember 3, 2003. gas emissions inventory’ means the national LIC.—The Administrator shall publish all in- inventory of greenhouse gas emissions estab- SA 3091. Mr. JEFFORDS submitted formation in the national greenhouse gas lished under section 705. registry through the website of the Environ- an amendment intended to be proposed ‘‘(11) NATIONAL GREENHOUSE GAS REG- mental Protection Agency, except in any to amendment SA 3050 proposed by Mr. ISTRY.—The term ‘national greenhouse gas case in which publishing the information DASCHLE (for himself, Mr. DURBIN, and registry’ means the national greenhouse gas would reveal a trade secret or disclose infor- Mr. JOHNSON) to the bill S. 150, to make registry established under section 703(a). mation vital to national security. permanent the moratorium on taxes on ‘‘(12) PROJECT REDUCTION.—The term ‘‘(c) RELATIONSHIP TO OTHER GREENHOUSE Internet access and multiple and dis- ‘project reduction’ means— GAS REGISTRIES.—To the maximum extent criminatory taxes on electronic com- ‘‘(A) a greenhouse gas emission reduction feasible and practicable, the Administrator merce imposed by the Internet Tax achieved by carrying out a greenhouse gas shall ensure coordination between the na- emission reduction project; and tional greenhouse gas registry and existing Freedom Act; which was ordered to lie ‘‘(B) sequestration achieved by carrying on the table; as follows: and developing Federal, regional, and State out a sequestration project. greenhouse gas registries. At the end of the amendment, add the ‘‘(13) REPORTING ENTITY.—The term ‘report- ‘‘(d) INTEGRATION WITH OTHER ENVIRON- following: ing entity’ means an entity that reports to MENTAL INFORMATION.—To the maximum ex- The Clean Air Act (42 U.S.C. 1701 et seq.) is the Administrator under subsection (a) or (b) amended by adding at the end the following: tent practicable, the Administrator shall in- of section 704. tegrate all information in the national ‘‘TITLE VII—GREENHOUSE GAS EMISSIONS ‘‘(14) SEQUESTRATION.—The term ‘seques- greenhouse gas registry with other environ- ‘‘SEC. 701. DEFINITIONS. tration’ means the long-term separation, iso- mental information collected by the Admin- ‘‘In this title: lation, or removal of greenhouse gases from istrator. ‘‘(1) COVERED ENTITY.—The term ‘covered the atmosphere, including through a biologi- ‘‘SEC. 704. REPORTING. entity’ means an entity that emits more cal or geologic method such as reforestation than a threshold quantity of greenhouse gas or an underground reservoir. ‘‘(a) MANDATORY REPORTING TO NATIONAL emissions. ‘‘(15) THRESHOLD QUANTITY.—The term GREENHOUSE GAS EMISSIONS INFORMATION SYSTEM.— ‘‘(2) DIRECT EMISSIONS.—The term ‘direct ‘threshold quantity’ means a threshold quan- emissions’ means greenhouse gas emissions tity for mandatory greenhouse gas reporting ‘‘(1) INITIAL REPORTING REQUIREMENTS.— from a source that is owned or controlled by established by the Administrator under sec- ‘‘(A) IN GENERAL.—Not later than April 30, an entity. tion 704(a)(3). 2005, in accordance with this paragraph and ‘‘(3) ENTITY.—The term ‘entity’ includes a ‘‘(16) VERIFICATION.—The term the regulations promulgated under section firm, a corporation, an association, a part- ‘verification’ means the objective and inde- 706(e)(1), each covered entity shall submit to nership, and a Federal agency. pendent assessment of whether a greenhouse the Administrator, for inclusion in the na- ‘‘(4) GREENHOUSE GAS.—The term ‘green- gas report submitted by a reporting entity tional greenhouse gas emissions information house gas’ means— accurately reflects the greenhouse gas im- system, the greenhouse gas report of the cov- ‘‘(A) carbon dioxide; pact of the reporting entity. ered entity with respect to— ‘‘(B) methane; ‘‘SEC. 702. NATIONAL GREENHOUSE GAS EMIS- ‘‘(i) calendar year 2004; and ‘‘(C) nitrous oxide; SIONS INFORMATION SYSTEM. ‘‘(ii) each greenhouse gas emitted by the ‘‘(D) hydrofluorocarbons; ‘‘(a) ESTABLISHMENT.—In consultation with covered entity in an amount that exceeds ‘‘(E) perfluorocarbons; and the Secretary of Commerce, the Secretary of the applicable threshold quantity. ‘‘(F) sulfur hexafluoride. Agriculture, the Secretary of Energy, States, ‘‘(B) REQUIRED ELEMENTS.—Each green- ‘‘(5) GREENHOUSE GAS EMISSIONS.—The term the private sector, and nongovernmental or- house gas report submitted under subpara- ‘greenhouse gas emissions’ means emissions ganizations concerned with establishing graph (A)— of a greenhouse gas, including— standards for reporting of greenhouse gas ‘‘(i) shall include estimates of direct sta- ‘‘(A) stationary combustion source emis- emissions, the Administrator shall establish tionary combustion source emissions; sions, which are emitted as a result of com- and administer a national greenhouse gas ‘‘(ii) shall express greenhouse gas emis- bustion of fuels in stationary equipment emissions information system to collect in- sions in metric tons of the carbon dioxide such as boilers, furnaces, burners, turbines, formation reported under section 704(a). equivalent of each greenhouse gas emitted; heaters, incinerators, engines, flares, and ‘‘(b) SUBMISSION TO CONGRESS OF DRAFT DE- ‘‘(iii) shall specify the sources of green- other similar sources; SIGN.—Not later than 180 days after the date house gas emissions that are included in the ‘‘(B) process emissions, which consist of of enactment of this title, the Administrator greenhouse gas report; emissions from chemical or physical proc- shall submit to Congress a draft design of ‘‘(iv) shall be reported on an entity-wide esses other than combustion; the national greenhouse gas emissions infor- basis and on a facility-wide basis; and ‘‘(C) fugitive emissions, which consist of mation system. ‘‘(v) to the maximum extent practicable, intentional and unintentional emissions ‘‘(c) AVAILABILITY OF DATA TO THE PUB- shall be reported electronically to the Ad- from— LIC.—The Administrator shall publish all in- ministrator in such form as the Adminis- ‘‘(i) equipment leaks such as joints, seals, formation in the national greenhouse gas trator may require. emissions information system through the packing, and gaskets; and ‘‘(C) METHOD OF REPORTING OF ENTITY-WIDE website of the Environmental Protection ‘‘(ii) piles, pits, cooling towers, and other EMISSIONS.—Under subparagraph (B)(iv), en- similar sources; and Agency, except in any case in which pub- tity-wide emissions shall be reported on the lishing the information would reveal a trade ‘‘(D) mobile source emissions, which are bases of financial control and equity share in secret or disclose information vital to na- emitted as a result of combustion of fuels in a manner consistent with the financial re- tional security. transportation equipment such as auto- porting practices of the covered entity. ‘‘(d) RELATIONSHIP TO OTHER GREENHOUSE mobiles, trucks, trains, airplanes, and ves- ‘‘(2) FINAL REPORTING REQUIREMENTS.— GAS REGISTRIES.—To the extent practicable, sels. the Administrator shall ensure coordination ‘‘(A) IN GENERAL.—Not later than April 30, ‘‘(6) GREENHOUSE GAS EMISSIONS RECORD.— between the national greenhouse gas emis- 2006, and each April 30 thereafter (except as The term ‘greenhouse gas emissions record’ sions information system and existing and provided in subparagraph (B)(vii)), in accord- means all of the historical greenhouse gas developing Federal, regional, and State ance with this paragraph and the regulations emissions and project reduction data sub- greenhouse gas registries. promulgated under section 706(e)(2), each mitted by an entity under this title, includ- ‘‘(e) INTEGRATION WITH OTHER ENVIRON- covered entity shall submit to the Adminis- ing any adjustments to such data under sec- MENTAL INFORMATION.—To the extent prac- trator the greenhouse gas report of the cov- tion 704(c). ticable, the Administrator shall integrate in- ered entity with respect to— ‘‘(7) GREENHOUSE GAS REPORT.—The term formation in the national greenhouse gas ‘‘(i) the preceding calendar year; and ‘greenhouse gas report’ means an annual list emissions information system with other en- ‘‘(ii) each greenhouse gas emitted by the of the greenhouse gas emissions of an entity vironmental information managed by the covered entity in an amount that exceeds and the sources of those emissions. Administrator. the applicable threshold quantity.

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‘‘(B) REQUIRED ELEMENTS.—Each green- graph (A) during the middle of a year, the eration by the Administrator in carrying out house gas report submitted under subpara- greenhouse gas emissions record of the re- paragraph (1). graph (A) shall include— porting entity for preceding years shall be ‘‘(f) ENFORCEMENT.—The Administrator ‘‘(i) the required elements specified in adjusted on a pro-rata basis. may bring a civil action in United States dis- paragraph (1); ‘‘(3) CALCULATION CHANGES AND ERRORS.— trict court against a covered entity that ‘‘(ii) estimates of indirect emissions from The greenhouse gas emissions record of a re- fails to comply with subsection (a), or a reg- imported electricity, heat, and steam; porting entity for preceding years shall be ulation promulgated under section 706(e), to ‘‘(iii) estimates of process emissions de- adjusted for— impose a civil penalty of not more than scribed in section 701(5)(B); ‘‘(A) changes in calculation methodologies; $25,000 for each day that the failure to com- ‘‘(iv) estimates of fugitive emissions de- or ply continues. scribed in section 701(5)(C); ‘‘(B) errors that significantly affect the ‘‘SEC. 705. NATIONAL GREENHOUSE GAS EMIS- ‘‘(v) estimates of mobile source emissions quantity of greenhouse gases in the green- SIONS INVENTORY. described in section 701(5)(D), in such form as house gas emissions record. ‘‘Not later than April 30, 2005, and each the Administrator may require; ‘‘(4) ORGANIZATIONAL GROWTH OR DECLINE.— April 30 thereafter, the Administrator shall ‘‘(vi) in the case of a covered entity that is The greenhouse gas emissions record of a re- publish a national greenhouse gas emissions a forest product entity, estimates of direct porting entity for preceding years shall not inventory that includes— stationary source emissions, including emis- be adjusted for any organizational growth or ‘‘(1) comprehensive estimates of the quan- sions resulting from combustion of biomass; decline of the reporting entity such as— tity of United States greenhouse gas emis- ‘‘(vii) in the case of a covered entity that ‘‘(A) an increase or decrease in production sions for the second preceding calendar year, owns more than 250,000 acres of timberland, output; including— estimates, by State, of the timber and car- ‘‘(B) a change in product mix; ‘‘(A) for each greenhouse gas, an estimate bon stocks of the covered entity, which esti- ‘‘(C) a plant closure; and of the quantity of emissions contributed by mates shall be updated every 5 years; and ‘‘(D) the opening of a new plant. each key source category; ‘‘(viii) a description of any adjustments to ‘‘(5) EXPLANATIONS OF ADJUSTMENTS.—A re- ‘‘(B) a detailed analysis of trends in the the greenhouse gas emissions record of the porting entity shall explain, in a statement quantity, composition, and sources of United covered entity under subsection (c). included in the greenhouse gas report of the States greenhouse gas emissions; and ‘‘(3) ESTABLISHMENT OF THRESHOLD QUAN- reporting entity for a year— ‘‘(C) a detailed explanation of the method- TITIES.—For the purpose of reporting under ‘‘(A) any significant adjustment in the ology used in developing the national green- this subsection, the Administrator shall es- greenhouse gas emissions record of the re- house gas emissions inventory; and tablish threshold quantities of emissions for porting entity; and ‘‘(2) a detailed analysis of the information each combination of a source and a green- ‘‘(B) any significant change between the reported to the national greenhouse gas house gas that is subject to the mandatory greenhouse gas emissions record for the pre- emissions information system and the na- reporting requirements under this sub- ceding year and the greenhouse gas emis- tional greenhouse gas registry. section. sions reported for the current year. ‘‘SEC. 706. REGULATIONS. ‘‘(b) VOLUNTARY REPORTING TO NATIONAL ‘‘(d) QUANTIFICATION AND VERIFICATION ‘‘(a) IN GENERAL.—The Administrator may GREENHOUSE GAS REGISTRY.— PROTOCOLS AND TOOLS.— promulgate such regulations as are nec- ‘‘(1) IN GENERAL.—Not later than April 30, ‘‘(1) IN GENERAL.—The Administrator and essary to carry out this title. 2005, and each April 30 thereafter, in accord- the Secretary of Commerce, the Secretary of ‘‘(b) BEST PRACTICES.—In developing regu- ance with this subsection and the regula- Agriculture, and the Secretary of Energy lations under this section, the Administrator tions promulgated under section 706(f), an shall jointly work with the States, the pri- shall seek to leverage leading protocols for entity may voluntarily report to the Admin- vate sector, and nongovernmental organiza- the measurement, accounting, reporting, and istrator, for inclusion in the national green- tions to develop— verification of greenhouse gas emissions. house gas registry, with respect to the pre- ‘‘(A) protocols for quantification and ‘‘(c) NATIONAL GREENHOUSE GAS EMISSIONS ceding calendar year and any greenhouse gas verification of greenhouse gas emissions; INFORMATION SYSTEM.—Not later than Janu- emitted by the entity— ‘‘(B) electronic methods for quantification ary 31, 2005, the Administrator shall promul- ‘‘(A) project reductions; and reporting of greenhouse gas emissions; gate such regulations as are necessary to es- ‘‘(B) transfers of project reductions to and and tablish the national greenhouse gas emis- from any other entity; ‘‘(C) greenhouse gas accounting and report- sions information system. ‘‘(C) project reductions and transfers of ing standards. ‘‘(d) NATIONAL GREENHOUSE GAS REG- project reductions outside the United States; ‘‘(2) BEST PRACTICES.—The protocols and ISTRY.—Not later than January 31, 2005, the ‘‘(D) indirect emissions that are not re- methods developed under paragraph (1) shall Administrator shall promulgate such regula- quired to be reported under subsection conform, to the maximum extent prac- tions as are necessary to establish the na- (a)(2)(B)(ii) (such as product transport, waste ticable, to the best practice protocols that tional greenhouse gas registry. ‘‘(e) MANDATORY REPORTING REQUIRE- disposal, product substitution, travel, and have the greatest support of experts in the MENTS.— employee commuting); and field. ‘‘(1) INITIAL REPORTING REQUIREMENTS.— ‘‘(E) product use phase emissions. ‘‘(3) INCORPORATION INTO REGULATIONS.— Not later than January 31, 2005, the Adminis- ‘‘(2) TYPES OF ACTIVITIES.—Under para- The Administrator shall incorporate the pro- trator shall promulgate such regulations as graph (1), an entity may report activities tocols developed under paragraph (1)(A) into are necessary to implement the initial man- that reduce greenhouse gas emissions or se- the regulations promulgated under section datory reporting requirements under section quester a greenhouse gas, including— 706. 704(a)(1). ‘‘(A) fuel switching; ‘‘(4) OUTREACH PROGRAM.—The Adminis- ‘‘(2) FINAL REPORTING REQUIREMENTS.—Not ‘‘(B) energy efficiency improvements; trator, the Secretary of Commerce, the Sec- later than January 31, 2006, the Adminis- ‘‘(C) use of renewable energy; retary of Agriculture, and the Secretary of trator shall promulgate such regulations as ‘‘(D) use of combined heat and power sys- Energy shall jointly conduct an outreach are necessary to implement the final manda- tems; program to provide information to all re- tory reporting requirements under section ‘‘(E) management of cropland, grassland, porting entities and the public on the proto- 704(a)(2). and grazing land; cols and methods developed under this sub- ‘‘(f) VOLUNTARY REPORTING PROVISIONS.— ‘‘(F) forestry activities that increase car- section. Not later than January 31, 2005, the Adminis- ERIFICATION.— bon stocks; ‘‘(e) V trator shall promulgate such regulations and ‘‘(G) carbon capture and storage; ‘‘(1) PROVISION OF INFORMATION BY REPORT- issue such guidance as are necessary to im- ‘‘(H) methane recovery; and ING ENTITIES.—Each reporting entity shall plement the voluntary reporting provisions ‘‘(I) carbon offset investments. provide information sufficient for the Ad- under section 704(b). ‘‘(c) ADJUSTMENT FACTORS.— ministrator to verify, in accordance with ‘‘(g) ADJUSTMENT FACTORS.—Not later than ‘‘(1) IN GENERAL.—Each reporting entity greenhouse gas accounting and reporting January 31, 2005, the Administrator shall shall adjust the greenhouse gas emissions standards developed under subsection promulgate such regulations as are nec- record of the reporting entity in accordance (d)(1)(C), that the greenhouse gas report of essary to implement the adjustment factors with this subsection. the reporting entity— under section 704(c).’’. ‘‘(2) SIGNIFICANT STRUCTURAL CHANGES.— ‘‘(A) has been accurately reported; and ‘‘(A) IN GENERAL.—A reporting entity that ‘‘(B) in the case of each project reduction, SA 3092. Mr. SCHUMER submitted an experiences a significant structural change represents actual reductions in greenhouse amendment intended to be proposed to in the organization of the reporting entity gas emissions or actual increases in net se- amendment SA 3050 proposed by Mr. (such as a merger, major acquisition, or di- questration, as applicable. DASCHLE (for himself, Mr. DURBIN, and vestiture) shall adjust its greenhouse gas ‘‘(2) INDEPENDENT THIRD-PARTY Mr. JOHNSON) to the bill S. 150, to make emissions record for preceding years so as to VERIFICATION.—A reporting entity may— maintain year-to-year comparability. ‘‘(A) obtain independent third-party permanent the moratorium on taxes on ‘‘(B) MID-YEAR CHANGES.—In the case of a verification; and Internet access and multiple and dis- reporting entity that experiences a signifi- ‘‘(B) present the results of the third-party criminatory taxes on electronic com- cant structural change described in subpara- verification to the Administrator for consid- merce imposed by the Internet Tax

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4715 Freedom Act; which was ordered to lie Beginning on page 2, strike line 21 and all ‘‘(ee) energy for irrigation. on the table; as follows: that follows through page 3, line 9, and insert Beginning on page 3, strike line 25 and all the following: SA 3098. Mr. SCHUMER submitted an that follows through page 5, line 11, and in- ‘‘(B) RENEWABLE FUEL.— amendment intended to be proposed to sert the following: ‘‘(i) IN GENERAL.—The term ‘renewable amendment SA 3050 proposed by Mr. fuel’ means— ‘‘(A) IN GENERAL.— ‘‘(I) motor vehicle fuel that— DASCHLE (for himself, Mr. DURBIN, and ‘‘(i) REGULATIONS.— ‘‘(aa)(AA) is produced from grain, starch, Mr. JOHNSON) to the bill S. 150, to make ‘‘(I) IN GENERAL.—Not later than 1 year permanent the moratorium on taxes on after the date of enactment of this para- oilseeds, or other biomass; or graph, the Administrator shall promulgate ‘‘(BB) is natural gas produced from a Internet access and multiple and dis- regulations to ensure that gasoline sold or biogas source, including a landfill, sewage criminatory taxes on electronic com- introduced into commerce in the United waste treatment plant, feedlot, or other merce imposed by the Internet Tax States (except in Petroleum Administration place where decaying organic material is Freedom Act; which was ordered to lie for Defense Districts I, IV, and V), on an an- found; and on the table; as follows: nual average basis, contains the applicable ‘‘(bb) is used to replace or reduce the quan- Beginning on page 3, strike line 24 and all volume of renewable fuel determined in ac- tity of fossil fuel present in a fuel mixture that follows through page 6, line 15, and in- cordance with subparagraph (B). used to operate a motor vehicle; and ‘‘(II) a clean alternative fuel described in sert the following: ‘‘(II) ELECTION BY GOVERNOR.—Notwith- ‘‘(A) IN GENERAL.— standing subclause (I), the Governor of a section 249(c)(2) that is used in any State. ‘‘(i) REGULATIONS.—Not later than 1 year State in Petroleum Administration for De- SA 3095. Mrs. FEINSTEIN submitted after the enactment of this subsection, the fense District I, IV, or IV may elect to be Administrator shall promulgate regulations subject to the regulations promulgated an amendment intended to be proposed ensuring that motor vehicle fuel sold or dis- under subclause (I) by notifying the Admin- to amendment SA 3050 proposed by Mr. pensed to consumers in the contiguous istrator in writing. DASCHLE (for himself, Mr. DURBIN, and United States, on an annual average basis, ‘‘(ii) CONTENTS.—Regardless of the date of Mr. JOHNSON) to the bill S. 150, to make contains the applicable volume of renewable promulgation, the regulations— permanent the moratorium on taxes on fuel as specified in subparagraph (B). ‘‘(I) shall contain compliance provisions Internet access and multiple and dis- ‘‘(ii) CONTENTS.—Regardless of the date of applicable to refineries, blenders, distribu- criminatory taxes on electronic com- promulgation, the regulations— tors, and importers, as appropriate, to en- merce imposed by the Internet Tax ‘‘(I) shall contain compliance provisions sure that the requirements of this section Freedom Act; which was ordered to lie applicable to refineries, blenders, distribu- are met; but tors, and importers, as appropriate, to en- ‘‘(II) shall not— on the table; as follows: sure that the requirements of this section ‘‘(aa) restrict cases in which renewable fuel Beginning on page 10, strike line 19 and all are met; and may be used; or that follows through page 12, line 13. ‘‘(II) shall provide that no refiner or blend- ‘‘(bb) impose any per-gallon obligation for er shall purchase renewable fuel from a pro- the use of renewable fuel. SA 3096. Mr. SCHUMER submitted an ducer that— ‘‘(iii) NO REGULATIONS.—If the Adminis- amendment intended to be proposed to ‘‘(aa) in any civil or criminal administra- trator does not promulgate the regulations, amendment SA 3050 proposed by Mr. tive or judicial proceeding, has been found to the applicable percentage referred to in para- DASCHLE (for himself, Mr. DURBIN, and have engaged in price fixing or any other graph (4), on a volume percentage of gasoline OHNSON Mr. J ) to the bill S. 150, to make form of market manipulation in violation of basis, shall be 2.2 in 2005. permanent the moratorium on taxes on the antitrust laws; and Internet access and multiple and dis- ‘‘(bb) is identified in a list published joint- SA 3093. Mr. SCHUMER submitted an criminatory taxes on electronic com- amendment intended to be proposed to ly by the Administrator and the Attorney merce imposed by the Internet Tax General, including publication on the Inter- amendment SA 3050 proposed by Mr. Freedom Act; which was ordered to lie net; but DASCHLE (for himself, Mr. DURBIN, and on the table; as follows: ‘‘(III) shall not— Mr. JOHNSON) to the bill S. 150, to make ‘‘(aa) restrict cases in which renewable fuel permanent the moratorium on taxes on On page 46, line 3, insert ‘‘and in the State of New York’’ before the comma. may be used; or Internet access and multiple and dis- ‘‘(bb) impose any per-gallon obligation for criminatory taxes on electronic com- SA 3097. Mr. SCHUMER submitted an the use of renewable fuel. merce imposed by the Internet Tax amendment intended to be proposed to ‘‘(iii) NO REGULATIONS.—If the Adminis- Freedom Act; which was ordered to lie amendment SA 3050 proposed by Mr. trator does not promulgate the regulations, on the table; as follows: the applicable percentage referred to in para- DASCHLE (for himself, Mr. DURBIN, and graph (4), on a volume percentage of gasoline Beginning on page 45, strike line 24 and all Mr. JOHNSON) to the bill S. 150, to make basis, shall be 2.2 in 2005. that follows through page 46, line 7, and in- permanent the moratorium on taxes on sert the following: Internet access and multiple and dis- SA 3099. Mr. ENZI submitted an (2) EFFECTIVE DATE.—The amendments criminatory taxes on electronic com- made by paragraph (1) take effect— amendment intended to be proposed to (A) in the case of a State that has received merce imposed by the Internet Tax amendment SA 3080 submitted by Mr. a waiver under section 209(b) of the Clean Air Freedom Act; which was ordered to lie ENZI and intended to be proposed to Act (42 U.S.C. 7543(b)), beginning on the date on the table; as follows: the bill S. 150, to make permanent the of enactment of this Act; On page 3, between lines 16 and 17, insert moratorium on taxes on Internet ac- (B) in the case of a State that, before the the following: cess and multiple and discriminatory date of enactment of this Act, enacts a law ‘‘(iii) IDENTIFICATION OF RENEWABLE FUELS taxes on electronic commerce imposed prohibiting the sale of motor vehicle fuel BY THE SECRETARY OF ENERGY AND THE ADMIN- containing methyl tertiary butyl ether that ISTRATOR.— by the Internet Tax Freedom Act; is to take effect earlier than the date speci- ‘‘(I) IN GENERAL.—Not later than 270 days which was ordered to lie on the table; fied in subparagraph (C), beginning on the after the date of enactment of this sub- as follows: date that the prohibition under State law section, the Secretary of Energy and the Ad- On page 1, line 7, strike ‘‘May 31,’’ and in- takes effect; and ministrator shall jointly determine which sert ‘‘November 1,’’. (C) in the case of any other State, begin- fuels meet the definition of renewable fuel ning 270 days after the date of enactment of under this paragraph. SA 3100. Mr. ENZI submitted an this Act. ‘‘(II) REQUIREMENT.—To meet the definition of renewable fuel, the energy inputs of a amendment intended to be proposed to SA 3094. Mrs. FEINSTEIN submitted fuel shall be less than the energy outputs of amendment SA 3081 submitted by Mr. an amendment intended to be proposed the fuel. ENZI and intended to be proposed to to amendment SA 3050 proposed by Mr. ‘‘(III) ENERGY INPUTS.—For the purposes of the bill S. 150, to make permanent the DASCHLE (for himself, Mr. DURBIN, and subclause (ii), energy inputs include— moratorium on taxes on Internet ac- Mr. JOHNSON) to the bill S. 150, to make ‘‘(aa) the production of fertilizer or seed; cess and multiple and discriminatory permanent the moratorium on taxes on ‘‘(bb) the use of gasoline, diesel fuel, or taxes on electronic commerce imposed electricity; by the Internet Tax Freedom Act; Internet access and multiple and dis- ‘‘(cc) ground transportation of harvested criminatory taxes on electronic com- corn; which was ordered to lie on the table; merce imposed by the Internet Tax ‘‘(dd) inputs to the production of capital as follows: Freedom Act; which was ordered to lie equipment, including farm machinery and On page 1, line 6, strike ‘‘June 1,’’ and in- on the table; as follows: ethanol equipment; and sert ‘‘November 1,’’.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4716 CONGRESSIONAL RECORD — SENATE April 29, 2004 SA 3101. Mr. ALEXANDER submitted ‘‘(2) the taxes on Internet access actually mittee on Banking, Housing, and an amendment intended to be proposed paid or incurred by the Internet access pro- Urban Affairs be authorized to meet by him to the bill S. 150, to make per- vider for that taxable period.’’. during the session of the Senate on manent the moratorium on taxes on SA 3104. Mr. MCCAIN (for Mr. LAU- Thursday, April 29, 2004, at 10 a.m., to Internet access and multiple and dis- TENBERG) proposed an amendment to conduct a hearing on ‘‘Counter-Terror criminatory taxes on electronic com- amendment SA 3048 proposed by Mr. Initiatives and Concerns in the Terror merce imposed by the Internet Tax MCCAIN to the bill S. 150, to make per- Finance Program.’’ Freedom Act; which was ordered to lie manent the moratorium on taxes on Concurrent with the hearing, the on the table; as follows: Internet access and multiple and dis- Committee intends to vote on the At the appropriate place, insert the fol- criminatory taxes on electronic com- nominations of the Hon. Romolo A. lowing: merce imposed by the Internet Tax (Roy) Bernardi, of New York, to be SEC. 8. VOIP SERVICES. Freedom Act; as follows: Deputy Secretary of Housing and Section 1108 of the Internet Tax Freedom At the appropriate place, insert the fol- Urban Development; Mr. Dennis C. Act (47 U.S.C. 151 note), as added by section lowing: Shea, of Virginia, to be Assistant Sec- 6, is amended to read as follows: SEC. ——. GAO STUDY OF EFFECTS OF INTERNET retary for Policy Development and Re- ‘‘SEC. 1108. VOIP SERVICES. TAX MORATORIUM ON STATE AND search, Department of Housing and ‘‘Section 1101(a) shall not apply to the im- LOCAL GOVERNMENTS AND ON Urban Development; and Ms. Cathy M. position or collection of any tax, fee, or BROADBAND DEPLOYMENT. MacFarlane, of Virginia, to be Assist- The Comptroller General shall conduct a charge on a service advertised or offered to ant Secretary for Public Affairs, De- consumers for the provision of realtime study of the impact of the Internet tax mor- voice telecommunications (as the term ‘tele- atorium, including its effects on the reve- partment of Housing and Urban Devel- communications’ is defined in section 3(43) of nues of State and local governments and on opment. the Communications Act of 1934 (47 U.S.C. the deployment and adoption of broadband The PRESIDING OFFICER. Without 153(43)) regardless of whether such service technologies for Internet access throughout objection, it is so ordered. employs circuit-switched technology, pack- the United States, including the impact of COMMITTEE ON FOREIGN RELATIONS et-switched technology, or any successor the Internet Tax Freedom Act (47 U.S.C. 151 Mr. ALEXANDER. Mr. President, I technology or transmission protocol.’’. note) on build-out of broadband technology resources in rural under served areas of the ask unanimous consent that the Com- mittee on Foreign Relations be author- SA 3102. Mr. ENZI submitted an country. The study shall compare deploy- amendment intended to be proposed by ment and adoption rates in States that tax ized to meet during the session of the him to the bill S. 150, to make perma- broadband Internet access service with Senate on Thursday, April 29, 2004, to States that do not tax such service, and take nent the moratorium on taxes on Inter- hold a business meeting. into account other factors to determine The PRESIDING OFFICER. Without net access and multiple and discrimi- whether the Internet Tax Freedom Act has objection, it is so ordered. natory taxes on electronic commerce had an impact on the deployment or adop- COMMITTEE ON FOREIGN RELATIONS imposed by the Internet Tax Freedom tion of broadband Internet access services. Mr. ALEXANDER. Mr. President, I Act; which was ordered to lie on the The Comptroller General shall report the ask unanimous consent that the Com- table; as follows: findings, conclusions, and any recommenda- tions from the study to the Senate Com- mittee on Foreign Relations be author- At the appropriate place, insert the fol- mittee on Commerce, Science, and Transpor- ized to meet during the session of the lowing: tation and the House of Representatives Senate on Thursday, April 29, 2004, at ‘‘SEC. 1108. VOIP SERVICES. Committee on Energy and Commerce no 2:30 p.m., to hold a hearing on Middle ‘‘Notwithstanding any provision of this later than November 1, 2005. Act to the contrary, section 1101(a) shall not East Broadcasting. apply to the imposition or collection of any SA 3105. Mr. MCCAIN proposed an The PRESIDING OFFICER. Without tax, fee, or charge on a service advertised or amendment to amendment SA 3048 pro- objection, it is so ordered. offered to consumers for the provision of posed by Mr. MCCAIN to the bill S. 150, COMMITTEE ON GOVERNMENTAL AFFAIRS realtime voice telecommunications (as the to make permanent the moratorium on Mr. ALEXANDER. Mr. President, I term ‘telecommunications’ is defined in sec- taxes on Internet access and multiple ask unanimous consent that the Com- tion 3(43) of the Communications Act of 1934 and discriminatory taxes on electronic mittee on Governmental Affairs be au- (47 U.S.C. 153(43)) regardless of whether such thorized to meet on Thursday, April 29, service employs circuit-switched technology, commerce imposed by the Internet Tax packet-switched technology, or any suc- Freedom Act; as follows: 2004, at 10 a.m. to consider the nomina- cessor technology or transmission pro- On page 8 strike lines 1 through 9 and in- tion of Dawn Tisdale to be Commis- tocol.’’. sert the following: sioner, U.S. Postal Rate Commission. ‘‘SEC. 1108. EXCEPTION FOR VOICE SERVICES The PRESIDING OFFICER. Without SA 3103. Mr. DURBIN submitted an OVER THE INTERNET. objection, it is so ordered. amendment intended to be proposed by ‘‘Nothing in this Act shall be construed to COMMITTEE ON GOVERNMENTAL AFFAIRS him to make permanent the morato- affect the imposition of tax on a charge for Mr. ALEXANDER. Mr. President, I rium on taxes on Internet access and voice or similar service utilizing Internet Protocol or any successor protocol. This sec- ask unanimous consent that the Com- multiple and discriminatory taxes on tion shall not apply to any services that are mittee on Government Affairs be au- electronic commerce imposed by the incidental to Internet access, such as voice- thorized to meet on Thursday, April 29, Internet Tax Freedom Act; which was capable e-mail or instant messaging’’. 2004, immediately following a 10 a.m. ordered to lie on the table; as follows: nominations hearing, to consider the At the appropriate place, insert the fol- SA 3106. Mr. FRIST (for Ms. SNOWE) nominations of David Safavian to be lowing: proposed an amendment to the bill S. Administrator for Federal Procure- SEC. ———. ADDITIONAL EXCEPTION TO MORA- 2267, to amend section 29(k) of the ment Policy, Office of Management and TORIUM. Small Business Act to establish fund- Budget. Section 1101 of the Internet Tax Freedom ing priorities for women’s business cen- The PRESIDING OFFICER. Without Act (47 U.S.C. 151 note), as amended by sec- ters; as follows: objection, it is so ordered. tion 2 of this Act, is further amended by add- On page 2, strike lines 9 through 14, and in- COMMITTEE ON INDIAN AFFAIRS. ing at the end the following: sert the following: ‘‘(f) ADDITIONAL EXCEPTION.—Subsection Mr. ALEXANDER. Mr. President, I ‘‘(ii) from the funds reserved under para- ask unanimous consent that the Com- (a) shall also not apply with respect to an graph (4)(A), not more than $125,000 to each Internet access provider for any taxable pe- eligible women’s business center established mittee on Indian Affairs be authorized riod unless the provider reduces the amount under subsection (l); and’’ to meet on Thursday, April 29, 2004, at it charges each retail user of its Internet ac- f 10 am., in room 485 of the Russell Sen- cess service during that taxable period by an ate Office Building to conduct a hear- amount that reflects, on a per-subscriber AUTHORITY FOR COMMITTEES TO ing on S. 2301, a discussion draft bill to basis, the amount by which— MEET ‘‘(1) the taxes on Internet access the Inter- improve the management of Native net access provider would have paid or in- COMMITTEE ON BANKING, HOUSING, AND URBAN American fish and wildlife and gath- curred for that taxable period under any AFFAIRS ering, and for other purposes. State or local government tax law that was Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. Without in effect on October 31, 2003; exceeds ask unanimous consent that the Com- objection, it is so ordered.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4717 COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON OCEANS, FISHERIES AND The bill (H.R. 4219) was read the third Mr. ALEXANDER. Mr. President, I COAST GUARD time and passed. ask unanimous consent that the Com- Mr. ALEXANDER. Mr. President, I f mittee on the Judiciary be authorized ask unanimous consent that the Sub- to meet to conduct a markup on Thurs- committee on Oceans, Fisheries, and EXECUTIVE SESSION day, April 29, 2004, at 9:30 a.m. in Dirk- Coast Guard be authorized to meet on sen Senate Building Room 226. Thursday, April 29, 2004, at 10 a.m. on EXECUTIVE CALENDAR NOAA Oversight, in SR–253. Agenda The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask I. Nominations: Henry W. Saad to be objection, it is so ordered. unanimous consent that the Senate immediately proceed to executive session U.S. Circuit Judge for the Sixth Cir- f cuit; William Duane Benton to be to consider the following nominations United States Circuit Judge for the HIGHWAY BILL EXTENSION on today’s Executive Calendar: Cal- Eighth Circuit; Robert Bryan Harwell Mr. FRIST. Mr. President, through- endar Nos. 644 through 653, and all to be United States District Judge for out the day we have had discussion re- nominations on the Secretary’s desk. the District of South Carolina; George garding the short-term highway exten- For the information of Senators, P. Schiavelli to be United States Dis- sion. My colleague, Senator BOND, has these are military nominations and trict Judge for the Central District of been here throughout the day, working Foreign Service officers. I further ask unanimous consent that California; and Curtis V. Gomez to be hard and discussing the critical impor- the nominations be confirmed, the mo- Judge for the District Court of the Vir- tance of having this body move forward tions to reconsider be laid upon the gin Islands. on the 6-year authorization measure on table, the President be immediately II. Legislation: transportation that has passed both notified of the Senate’s action, and the S. 1735. Gang Prevention and Effec- Houses. tive Deterrence Act of 2003 [Hatch, Obviously, there is a frustration that Senate then return to legislative ses- Chambliss, Cornyn, Feinstein, Graham, there has been an objection from the sion. The PRESIDING OFFICER. Without Grassley, Schumer]. other side to our request to appoint S. 2107. A bill to authorize an annual objection, it is so ordered. conferees to move this bill to con- The nominations considered and con- appropriations of $10,000,000 for mental ference. We will do a short-term exten- firmed are as follows: health courts through fiscal year 2009 sion in a moment. However, as major- AIR FORCE [DeWine, Leahy]. ity leader, in the absence of an agree- S. 2192. Cooperative Research and The following named officers for appointment to move forward on the transpor- ment in the United States Air Force to the Technology Enhancement (CREATE) tation bill, I am committed, after talk- grade indicated under title 10, U.S.C., section Act of 2004 [Hatch, Feingold, Kohl, ing to and working with Senator BOND 624: Leahy]. over the course of the day, to use our To be major general S. 1933. Enhancing Federal Obscenity procedural options to put the Senate Brigadier General James B. Armor, Jr., 0000 Reporting and Copyright Enforcement on record next week with regard to Brigadier General Curtis M. Bedke, 0000 (ENFORCE) Act of 2003 [Hatch, Cornyn, going to conference on the highway Brigadier General John T. Brennan, 0000 Feinstein]. bill. Brigadier General Roger W. Burg, 0000 S. 2237. Protecting Intellectual The distinguished minority whip is Brigadier General John J. Catton, Jr., 0000 Rights Against Theft and Expropria- on the floor, and he has been very en- Brigadier General Michael A. Collings, 0000 tion (PIRATE) Act of 2004 [Leahy, gaged in this issue as well. Brigadier General Daniel J. Darnell, 0000 Hatch]. I do thank our colleague, Senator Brigadier General Frank R. Faykes, 0000 S. 1932. Artists’ Rights and Theft Pre- Brigadier General Vern M. Findley, II, 0000 BOND, and all the others involved, for Brigadier General Stephen M. Goldfein, 0000 vention (ART) Act of 2003 [Cornyn, allowing us to move on this short-term Brigadier General Gilmary M. Hostage, III, DeWine, Durbin, Feinstein, Graham, extension at this time. Again, I believe 0000 Hatch, Kennedy]. it is time for us to follow the regular Brigadier General Thomas P. Kane, 0000 H.R. 1561. United States Patent and order and send the 6-year authorization Brigadier General Perry L. Lamy, 0000 Trademark Fee Modernization Act of bill to conference. Brigadier General Roosevelt Mercer, Jr., 0000 2004. The PRESIDING OFFICER. The Sen- Brigadier General Gary L. North, 0000 S. 1635. A bill to amend the Immigra- ator from Nevada. Brigadier General Anthony F. Przybyslawski, 0000 tion and Nationality Act to ensure the Mr. REID. Mr. President, I also ex- integrity of the L–1 visa for Brigadier General Loren M. Reno, 0000 tend my appreciation to Senator BOND. Brigadier General Edward A. Rice, Jr., 0000 intracompany transferees [Chambliss]. This is not a time to declare winners or Brigadier General Marc E. Rogers, 0000 S. 1609. Parental Responsibility Obli- losers. This is part of the legislative Brigadier General Arthur J. Rooney, Jr., 0000 gations Met through Immigration Sys- process. Senator BOND is an experi- Brigadier General Stephen T. Sargeant, 0000 tem Enforcement (PROMISE) Act enced legislator. He is a former Gov- Brigadier General Darryl A. Scott, 0000 [Hatch, Cornyn]. ernor. He knows the importance of the Brigadier General Winfield W. Scott, III, 0000 S. 1129. Unaccompanied Alien Child highway bill. I am confident the resolu- Brigadier General Norman R. Seip, 0000 Protection Act of 2003 [Feinstein, Brigadier General Loyd S. Utterback, 0000 tion of this matter that we have Brigadier General Donald C. Wurster, 0000 DeWine, Durbin, Edwards, Feingold, worked out in the last several hours Kennedy, Kohl, Leahy, Schumer, Spec- The following named officer for appoint- will be good for the country and cer- ment in the United States Air Force to the ter]. tainly will be good for the 5,000 people grade indicated under title 10, U.S.C., section S. Res. 334. A resolution designating who work at the Department of Trans- 624: May 2004 as National Electrical Safety portation. To be major general Month. f Brig. Gen. William L. Shelton, 0000 The PRESIDING OFFICER. Without The following officer for appointment in objection, it is so ordered. SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART II the United States Air Force to the grade in- COMMITTEE ON INTELLIGENCE dicated under title 10, U.S.C., section 624: Mr. ALEXANDER. Mr. President, I Mr. FRIST. Mr. President, I ask To be brigadier general ask unanimous consent that the Select unanimous consent that the Senate Col. Ronnie D. Hawkins, Jr., 0000 Committee on Intelligence be author- now proceed to the consideration of The following officer for appointment in ized to meet during the session of the H.R. 4219, a highway program extension the United States Air Force to the grade in- Senate on April 29, 2004, at 2:30 p.m. to bill, which is at the desk. I further ask dicated under title 10, U.S.C., section 624: hold a closed mark-up on the fiscal consent that the bill be read a third To be brigadier general year 2005 Intelligence Authorization time and passed, and the motion to re- Col. Danny K. Gardner, 0000 Bill. consider be laid upon the table. The following officer for appointment in The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the Reserve of the Air Force to the grade in- objection, it is so ordered. objection, it is so ordered. dicated under title 10, U.S.C., section 12203:

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4718 CONGRESSIONAL RECORD — SENATE April 29, 2004 To be brigadier general To be rear admiral (lower half) PN1490 Army nomination of Dana R. Col. Richard R. Moss, 0000 Capt. Richard J. Wallace, 0000 Yetton, which was received by the Senate and appeared in the Congressional Record of ARMY The following named officer for appoint- April 6, 2004 ment in the United States Naval Reserve to The following named officer for appoint- PN1522 Army nomination of Harold B. Sny- the grade indicated under title 10, U.S.C., ment in the United States Army to the grade der, III, which was received by the Senate indicated while assigned to a position of im- section 12203: and appeared in the Congressional Record of portance and responsibility under title 10, To be rear admiral (lower half) April 8, 2004 U.S.C., section 601: Capt. Harold L. Robinson, 0000 PN1534 Army nomination of Jerry M. To be general NOMINATIONS PLACED ON THE SECRETARY’S Brown, which was received by the Senate Lt. Gen. Dan K. McNeill, 0000 DESK and appeared in the Congressional Record of April 19, 2004 The following named officers for appoint- AIR FORCE ment in the United States Army to the grade PN1535 Army nomination of Frank G. At- PN1294 Air Force nominations (7) begin- indicated under title 10, U.S.C., section 624: kins, which was received by the Senate and ning Dwight R. Braswell, and ending Karen To be major general appeared in the Congressional Record of H. Stocks, which nominations were received April 19, 2004 Brigadier General Gary L. Border, 0000 by the Senate and appeared in the Congres- PN1472 Army nominations (2) beginning Brigadier General William H. Brandenburg, sional Record of February 2, 2004 Timothy J. Callahan, and ending Ronald O. 0000 PN1487 Air Force nominations (2) begin- Gienapp, which nominations were received Brigadier General Randal R. Castro, 0000 ning Richard J. Burling, Jr., and ending Rob- by the Senate and appeared in the Congres- Brigadier General James A. Coggin, 0000 ert L. Tullman, which nominations were re- sional Record of March 22, 2004 Brigadier General Joseph F. Fil, Jr., 0000 ceived by the Senate and appeared in the PN1484 Army nomination of James D. Brigadier General John D. Gardner, 0000 Congressional Record of April 6, 2004 Jones, which was received by the Senate and Brigadier General Brian I. Geehan, 0000 PN1513 Air Force nomination of Aram M. appeared in the Congressional Record of Brigadier General Gary L. Harrell, 0000 Donigian, which was received by the Senate April 1, 2004 Brigadier General Janet E. A. Hicks, 0000 and appeared in the Congressional Record of PN1523 Army nomination of Danny L. Brigadier General Kenneth W. Hunzeker, 0000 April 8, 2004 McGraw, which was received by the Senate Brigadier General James A. Kelley, 0000 PN1514 Air Force nomination of Vincent F. and appeared in the Congressional Record of Brigadier General Ricky Lynch, 0000 Carr, which was received by the Senate and April 8, 2004 Brigadier General Michael R. Mazzucchi, 0000 appeared in the Congressional Record of PN1524 Army nomination of Richard A. Brigadier General Dennis C. Moran, 0000 April 8, 2004 Stebbins, which was received by the Senate PN1533 Air Force nomination of John D. Brigadier General James H. Pillsbury, 0000 and appeared in the Congressional Record of Adams, which was received by the Senate Brigadier General David C. Ralston, 0000 April 8, 2004 Brigadier General James E. Simmons, 0000 and appeared in the Congressional Record of PN1525 Army nomination of Otha Myles, Brigadier General Edgar E. Stanton, III, 0000 April 19, 2004 which was received by the Senate and ap- PN1051 Air Force nominations (17) begin- Brigadier General Guy C. Swan, III, 0000 peared in the Congressional Record of April ning Elwood M. Barnes, and ending Rex A. Brigadier General David P. Valcourt, 0000 8, 2004 Brigadier General W. Montague Winfield, Williams, which nominations were received PN1485 Army nomination of Jorge L. 0000 by the Senate and appeared in the Congres- Romeu, which was received by the Senate Brigadier General John A. Yingling, 0000 sional Record of October 16, 2003 and appeared in the Congressional Record of PN1515 Air Force nomination of Daniel J. The following named officers for appoint- April 1, 2004 ment in the United States Army to the grade Courtois, which was received by the Senate PN1526 Army nomination of James R. indicated under title 10, U.S.C., section 624: and appeared in the Congressional Record of Vandergrift, which was received by the Sen- April 8, 2004 To be brigadier general ate and appeared in the Congressional PN1516 Air Force nomination of Charles G. Record of April 19, 2004 Colonel John C. Adams, 0000 Stitt, which was received by the Senate and Colonel Charles B. Allen, 0000 appeared in the Congressional Record of FOREIGN SERVICE Colonel Charles A. Anderson, 0000 April 8, 2004 PN1316 Foreign Service nominations (127) Colonel Oscar R. Anderson, 0000 PN1517 Air Force nomination of Ronald E. beginning Bruce M. Quinn, and ending Mi- Colonel John R. Bartley, 0000 Rikansrud, which was received by the Senate chael W. Liikala, which nominations were Colonel Kevin J. Bergner, 0000 and appeared in the Congressional Record of received by the Senate and appeared in the Colonel Bruce A. Berwick, 0000 April 8, 2004 Congressional Record of February 5, 2004 Colonel Nolen V. Bivens, 0000 PN1518 Air Force nominations (2) begin- PN1376 Foreign Service nominations (186) Colonel Daniel P. Bolger, 0000 ning Jeffrey A. Bailey, and ending Terry G. beginning Christina Jeanne Agor, and ending Colonel Doyle D. Broome, Jr., 0000 Hoehne, which nominations were received by Ted K. Gong, which nominations were re- Colonel Albert Bryant, Jr., 0000 the Senate and appeared in the Congres- ceived by the Senate and appeared in the Colonel Robert L. Caslen, Jr., 0000 sional Record of April 8, 2004 Congressional Record of February 23, 2004 Colonel James E. Chambers, 0000 PN1519 Air Force nomination of Steven M. PN1377 Foreign Service nominations (227) Colonel Bernard S. Champoux, 0000 Hill, which was received by the Senate and beginning Paul Belmont, and ending Joseph Colonel Anthony A. Cucolo, III, 0000 appeared in the Congressional Record of D. Stafford, III, which nominations were re- Colonel Michael C. Flowers, 0000 April 8, 2004 ceived by the Senate and appeared in the Colonel Jeffrey W. Foley, 0000 PN1520 Air Force nomination of John J. Congressional Record of February 23, 2004 Colonel Rebecca S. Halstead, 0000 Deresky, which was received by the Senate PN1378 Foreign Service nominations (11) Colonel Michael D. Jones, 0000 and appeared in the Congressional Record of beginning William L. Brant, II, and ending Colonel Purl K. Keen, 0000 April 8, 2004 William W. Westman, which nominations Colonel David B. Lacquement, 0000 PN1521 Air Force nominations (9) begin- were received by the Senate and appeared in Colonel Stanley H. Lillie, 0000 ning Heidi C. Bertram, and ending Thomas C. the Congressional Record of February 23, Colonel Thomas C. Maffey, 0000 Wisler, Jr., which nominations were received 2004 Colonel Frances G. Mahon, 0000 by the Senate and appeared in the Congres- PN1510 Foreign Service nominations (69) Colonel Joseph E. Martz, 0000 sional Record of April 8, 2004 beginning Eliza Ferguson Al-Laham, and Colonel Raymond V. Mason, 0000 ARMY ending Hugo Yue-Ho Yon, which nominations were received by the Senate and ap- Colonel John F. Mulholland, 0000 PN1471 Army nominations (2) beginning peared in the Congressional Record of April Colonel Patrick J. OReilly, 0000 Thomas A. Burgess, and ending John R. 8, 2004 Colonel Mark V. Phelan, 0000 Stefanovich, which nominations were re- Colonel Joseph Schroedel, 0000 ceived by the Senate and appeared in the MARINE CORPS Colonel John E. Sterling, Jr., 0000 Congressional Record of March 22, 2004 PN1273 Marine Corps nominations (137) be- Colonel Randolph P. Strong, 0000 PN1483 Army nomination of Leo L. Ben- ginning Matthew T. Ashe, Jr., and ending Colonel James L. Terry, 0000 nett, which was received by the Senate and Jason D. Young, which nominations were re- Colonel William J. Troy, 0000 appeared in the Congressional Record of ceived by the Senate and appeared in the Colonel Peter M. Vangjel, 0000 April 1, 2004 Congressional Record of January 28, 2004 Colonel Dennis L. Via, 0000 PN1488 Army nomination of Craig D. PN1283 Marine Corps nominations (12) be- Colonel Joseph L. Votel, 0000 Hartranft, which was received by the Senate ginning Andrew T. Fink, and ending Nick Colonel Francis J. Wiercinski, 0000 and appeared in the Congressional Record of Trujillo, which nominations were received NAVY April 6, 2004 by the Senate and appeared in the Congres- The following named officer for appoint- PN1489 Army nomination of Willis C. Hun- sional Record of January 28, 2004 ment in the United States Naval Reserve to ter, which was received by the Senate and PN1285 Marine Corps nominations (119) be- the grade indicated under title 10, U.S.C., appeared in the Congressional Record of ginning Curtis S. Ames, and ending Steven section 12203: April 6, 2004 M. Zotti, which nominations were received

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4719 by the Senate and appeared in the Congres- are more than 63,000 women-owned and creating jobs. Other women are sional Record of January 28, 2004 firms, generating more than $9 billion transitioning from employee to small PN1254 Marine Corps nominations (263) be- in sales. Numbers like these speak for business employer, and established ginning Mark A. Adams, and ending Erin L. themselves, clear evidence of the suc- business owners are creating and man- Zellers, which nominations were received by the Senate and appeared in the Congres- cess of the Women’s Business Centers ufacturing products for sale at home sional Record of January 22, 2004 Program, which helps women achieve and abroad. The centers nurture PN1256 Marine Corps nominations (560) be- their dreams of owning a small busi- women entrepreneurs through business ginning Christopher J. Aaby, and ending ness, and other programs like it. As and financial planning and assist Mark W. Zipsie, which nominations were re- chair of the Small Business Com- women business owners who need help ceived by the Senate and appeared in the mittee, I am committed to a wide securing funding for startup and expan- Congressional Record of January 22, 2004 range of efforts designed to assist sion. Furthermore, this legislation re- PN1537 Marine Corps nomination of David women business owners, so that they, quires no additional appropriation, just C. Cox, which was received by the Senate and appeared in the Congressional Record of in turn, can continue to make a signifi- a reallocation of current funds. April 19, 2004 cant contribution to our economy. I am committed to resolving the PN1491 Marine Corps nominations (47) be- The Women’s Business Center pro- women’s sustainability funding crisis ginning Travis R. Avent, and ending Mark B. gram was introduced through the through this bill, and I will continue to Windham, which nominations were received Women’s Business Ownership Act of work with my colleagues to ensure the by the Senate and appeared in the Congres- 1988,and it was made permanent in 1997. continued success of women-owned sional Record of April 6, 2004 Congress has demonstrated its support businesses. NAVY for this program time and time again; (At the request of Mr. DASCHLE, the PN1493 Navy nominations (2083) beginning its appropriations have grown from $2 following statement was ordered to be Victoria T. Crescenzi, and ending Joseph million in 1989 to $12.5 million in 2004, printed in the RECORD.) Zuliani, which nominations were received by and the results of this investment have ∑ Mr. KERRY. Mr. President, today I the Senate and appeared in the Congres- been impressive. In fiscal year 2002, join my colleague, Senator SNOWE, sional Record of April 6, 2004 centers reported clients realized a re- chair of the Senate Committee on PN1538 Navy nomination of Scott F. Mur- Small Business and Entrepreneurship, ray, which was received by the Senate and turn of $161 in gross receipts for every appeared in the Congressional Record of dollar invested in the program. in passing legislation to safeguard April 19, 2004 Even more remarkable is the fact Women’s Business Centers funded PN1492 Navy nomination of Melissa A. that the SBA’s Women’s Business Cen- through the Small Business Adminis- Harvison, which was received by the Senate ter have helped to create or retain al- tration. This legislation is identical to and appeared in the Congressional Record of most 7,000 jobs in the United States, a the Women’s Business Center provision April 6, 2004 success attributable to the centers I introduced as part of S. 2186, the SBA f unique training and counseling pro- Emergency Authorization Extension LEGISLATIVE SESSION grams. In fiscal year 2003, the Women’s Act of 2004, on March 9, 2004, and it Business Center program increased its fixes a funding gap that exists for meri- The PRESIDING OFFICER. The Sen- expected level of delivered services by torious Women’s Business Centers that ate will now return to legislative ses- 17 percent, providing counseling and are graduating from the first stage of sion. assistance to more than 106,600 clients the program and entering the sustain- f and thereby exceeding its initial goal ability portion. I would first like to thank Chair WOMEN’S SUSTAINABILITY of 88,540 clients. To a large degree, this SNOWE for working very closely with RECOVERY ACT OF 2004 increased productivity has been trig- gered by the success of sustainability me on this issue, as we have for the Mr. FRIST. Mr. President, I ask grants, which extend funding to eligi- past year and a half. Senator SNOWE unanimous consent that the Small ble women’s business centers. has long been an advocate of the Wom- Business Committee be discharged This year, insufficient funding for en’s Business Centers and was a co- from further consideration of S. 2267 the sustainability grant program may sponsor of the original legislation that and that the Senate proceed to its im- force 53 Women’s Business Centers to created the sustainability pilot pro- mediate consideration. close their doors. While current legisla- gram in 1999. Now, her support for con- The PRESIDING OFFICER. Without tion reserves 30.2 percent of the Wom- tinuing the nationwide network of objection, it is so ordered. en’s Business Center appropriation for Women’s Business Centers has been the The clerk will report the bill by title. the sustainability grant program, this catalyst for success in the Senate. I The legislative clerk read as follows: amount is not enough to support the 53 commend Chair SNOWE for her strong A bill (S. 2267) to amend section 29(k) of centers in jeopardy. By supporting this leadership for women in business the Small Business Act to establish funding bill, S. 2267, which increases the re- across this country. I would also like priorities for women’s business centers. serve forth sustainability grant pro- to thank all of the cosponsors of this There being no objection, the Senate gram by 48 percent, Congress will en- legislation and of S. 2266, all of whom proceeded to consider the bill. sure that each of the 53 Women’s Busi- have shown resounding support for Mr. SNOWE. Mr. President, I rise to ness Centers eligible for sustainability women entrepreneurs and recognize the support S. 2267, the ‘‘Women’s Sustain- has the opportunity to compete for a positive impact the Women’s Business ability Recovery Act of 2004’’ which I sufficient pool of funding for fiscal Centers have on promoting and sup- recently introduced. There is today a year 2004, and that centers will be able porting women in business and on critical need to preserve the operations to effectively provide valuable tech- strengthening our national economy. of existing the Women’s Business Cen- nical assistance to women entre- Second, I want to comment on the ters currently serving women entrepreneurs. Bush administration’s proposals to preneurs in almost every State and ter- Without this legislation, many of the eliminate experienced, efficient, and ritory. I am pleased to be joined in this center may be in jeopardy of closing effective Women’s Business Centers in effort by Senators DOMENICI, CHAFEE, their doors. This would be a significant favor of new and untested centers. Un- BOND and others. Buy adopting this bill loss given that some of these centers less this legislation can be enacted today, the Senate is signaling its in- have been part of the program for as quickly, the administration will move tention to preserve much-needed fund- long as 9 years and, during that time, forward with its proposal, which places ing for the business centers currently have proven themselves powerful en- in jeopardy experienced Women’s Busi- in operation. gines of economic development in com- ness Centers in 39 States and elimi- Todaay, more than 10.6 million munities and States across the Nation. nates assistance for thousands of women-owned small businesses are These centers have been extraor- women in business. While, as this bill helping to fuel our economic recovery: dinarily successful in providing assist- demonstrates, I support opening new they employ over 19 million Americans ance to women in all walks of life. centers to help women entrepreneurs and contribute $2.46 trillion in reve- Women who once received public as- who do not currently have access to nues. In my home State of Maine, there sistance are now operating businesses this important assistance, this should

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4720 CONGRESSIONAL RECORD — SENATE April 29, 2004 only occur when the existing centers, I have serious concerns regarding an Women’s Business Center network, and whether in their initial or a later fund- amendment to our original legislation I urge all of my colleagues in the Sen- ing period, are fully funded. Women en- by the Republican leadership. The ate and the House of Representatives trepreneurs and their businesses are amendment would allow the Small to show their support for the growing critically important to our economy Business Administration to award number of women in business by sup- and to U.S. job creation, and Women’s grants at arbitrary and dispropor- porting immediate passage of this bill. Business Centers help them succeed. tionate levels, instead of following WOMEN’S BUSINESS CENTER PROGRAM Passing S. 2267 today will send a strong precedent and awarding Women’s Busi- Mr. President, as we pass our legisla- message to the House of Representa- ness Center grants equally to all quali- tion, S. 2267, the Women’s Sustain- tives that time is of the essence with fied and successfully performing cen- ability Recovery Act, I ask my col- respect to this important program, and ters. I am deeply concerned that the league from Maine, the chairwoman of I hope the House leadership will allow administration may use this authority the Senate Small Business and Entre- immediate passage of this measure to shortchange some existing centers preneurship Committee, how the SBA when they are next in session. in order to use part of the 48 percent is to implement these changes to the I would also like to express my dis- reserve funding to open new centers. Women’s Business Center program? I may that, despite bipartisan support While this is within the language of the know she has been a leader on this from members of this committee, the amendment, it is clearly the opposite issue, and it is my understanding that Republican majority has opposed help- of the legislation’s intent, which is to she encourages the SBA to fully sup- ing women entrepreneurs and blocked increase available funds for the most port sustainability centers at a level the provisions of this bill from being experienced Women’s Business Centers that will enable them to operate suc- included in the two extensions of all so that they remain in operation. To cessfully, before opening new centers. SBA programs that have already that end, it is my recommendation Ms. SNOWE. I thank the Senator passed the Senate. Those who favor that the administration use the full 48 from Massachusetts for his question. blocking enactment of these provisions percent for sustainability centers and As is evident in S. 1375, the bill to reau- in hopes of closing the most experi- that the Agency award grants at equal, thorize the Small Business Administra- enced existing Women’s Business Cen- or close to equal, amounts. The com- tion, which passed the Senate last Sep- ters are potentially depriving thou- mittee has been told that providing tember, it is the intention of the Small sands of women in business access to any sustainability Women’s Business Business and Entrepreneurship Com- much needed assistance. This bill is a Center with a grant less than the min- mittee and of the full Senate to con- bipartisan compromise intended to imum grant awarded to sustainability tinue funding eligible Women’s Busi- maintain an effective Women’s Busi- centers in fiscal year 2003 would impede ness Centers before opening new cen- ness Center network throughout this its ability to operate effectively and ters. This legislation supports that im- fiscal year—a compromise that was successfully under the current require- portant objective. To that end, I expect agreed to by Chair SNOWE, myself, and ments established by the administra- the SBA to award Women’s Business the bipartisan leadership of the House tion. I am willing to make this com- Center grants for the coming fiscal Small Business Committee. It is sup- promise because it will give all Wom- year to each Women’s Business Center ported by women’s groups across the en’s Business Centers the opportunity that is properly meeting performance country. to receive funding; however, it is not standards. Congress has appropriated This legislation contains a small ad- intended to undercut the funding to $12.5 million in fiscal year 2004 for the justment to the Women’s Business Cen- any center that has met the SBA’s per- Women’s Business Center program. If ter program that updates an outdated formance standards. the amount reserved for sustainability funding formula, without added cost to As the author of the Women’s Busi- centers under this legislation is insuffi- the Treasury. The adjustment changes ness Centers Sustainability Act of 1999, cient to award the full amount of I can tell you that when the bill was the portion of funding allowed for $125,000 to each sustainability center signed into law, it was Congress’s in- Women’s Business Centers in the sus- that meets those standards, I expect tent to protect the established and suc- tainability part of the program to keep the SBA to adequately fund eligible cessful infrastructure of worthy, per- up with the increasing number of cen- centers. forming centers. The law was designed Mr. KERRY. The committee has been ters that will need funding this fiscal to allow all graduating Women’s Busi- told that many of the Women’s Busi- year. Currently there are 88 Women’s ness Centers that meet certain per- ness Centers would be unable to meet Business Centers. Of these, 35 are in formance standards to receive contin- minimum performance standards with the initial grant program and 53 will ued funding under sustainability a significant reduction in grant fund- have graduated to the sustainability grants. This approach allows for new ing. Does the chairwoman agree that part of the program in this funding centers to be established—but not by the funding for the sustainability cen- cycle. These sustainability centers penalizing those that have already ters last fiscal year would be an appro- make up more than half of the total demonstrated their worth. It was our priate funding level for sustainability Women’s Business Centers, but under intention to continue helping the most centers this year? the current funding formula are only productive and well-equipped Women’s Ms. SNOWE. To ensure that each allotted 30 percent of the funds. With- Business Centers, knowing that de- center that meets the SBA perform- out the change to 48 percent, all grants mand for such services was rapidly ance thresholds continues to serve to sustainability centers could be cut growing. women entrepreneurs in every state in half—or worse, 23 experienced cen- Today, with women-owned businesses and territory, I expect the SBA to fully ters could lose funding completely. In opening at one-and-a-half times the expend all the funds reserved under short, this change directs the SBA to rate of all privately held firms, the de- this bill for women’s sustainability reserve 48 percent of the appropriated mand and need for Women’s Business grants. This amount should be suffi- funds for the sustainability centers, in- Centers is even greater. Until Congress cient to provide funding to eligible stead of 30 percent, which will allow makes permanent the Women’s Busi- women’s business centers in the sus- enough funding to keep open the most ness Center Sustainability Pilot Pro- tainability program at or above the experienced centers, while still permit- gram, as intended in the Senate-passed minimum grants awarded in fiscal year ting the establishment of new centers legislation, an extension of authority 2003 to women’s business centers. and protecting existing ones. In the in- and increase in the portion of appro- Mr. KERRY. I commend Chairwoman terest of compromise and prompt en- priated funds available to sustain- SNOWE for her persistent efforts on be- actment of a workable solution, I fully ability centers is vital—not only to the half of this legislation and the more support the formula change to 48 per- centers themselves, but to the women’s comprehensive SBA Reauthorization cent, although a change to 54 percent— business community and to the mil- legislation. Without her strong support as introduced as part of my Women’s lions of workers employed by women- and hard work on this issue, the future Business Center Safeguard Act, S. owned businesses round the country. success of this important assistance for 2266—would be needed to fully fund all This bill is urgently needed now to women entrepreneurs would be in jeop- sustainability centers. continue the good work of the SBA’s ardy.∑

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4721 Mr. FRIST. Mr. President, I ask to, the motion to reconsider be laid Lundregan on Thirty-Six Years of Service to unanimous consent that the Snowe upon the table with no intervening ac- the United States Government. technical amendment at the desk be tion or debate, and that any state- There being no objection, the Senate agreed to, the bill, as amended, be read ments relating to the resolution be proceeded to consider the resolution. a third time and passed, and the mo- printed in the RECORD. Mr. FRIST. ‘‘Reserved, low key, self- tions to reconsider be laid upon the The PRESIDING OFFICER. Without deprecating, totally professional, and table en bloc. objection, it is so ordered. devoted to the Senate,’’ that is how as- The PRESIDING OFFICER. Without The resolution (S. Res. 346) was sistant enrolling clerk Joe Monahan objection, it is so ordered. agreed to. describes his colleague Tom The amendment (No. 3106) was agreed The preamble was agreed to. Lundregan, who retires tomorrow from to, as follows: The resolution, with its preamble, his post as the Senate’s enrolling clerk. reads as follows: For 15 years in the Office of the Sec- (Purpose: To make a technical correction) retary, Tom has had the crucial task of S. RES. 346 On page 2, strike lines 9 through 14, and in- ensuring that the written copy of the sert the following: Whereas on Sunday, March 28, 2004, the legislation we pass in this body is thor- University of Minnesota Golden Gophers de- ‘‘(ii) from the funds reserved under para- oughly accurate before it is sent on to graph (4)(A), not more than $125,000 to each feated Harvard University in the National eligible women’s business center established Collegiate Athletic Association Division I the House and to the President. As under subsection (l); and’’ National Collegiate Women’s Ice Hockey Tom explains, ‘‘We cannot make mistakes. The final paper that is sent to The bill (S. 2267), as amended, was Championship game by a score of 6 to 2, having defeated Dartmouth College by a score of the White House is being signed by the read the third time and passed, as fol- 5 to 1 in the semifinal; President and is going to become the lows: Whereas during the 2003–2004 season, the law of the land.’’ He says the responsi- S. 2267 Gophers won an outstanding 30 games, while bility can be ‘‘a little scary.’’ Be it enacted by the Senate and House of Rep- losing only 4 and tying 2; Despite the stress, Tom has main- resentatives of the United States of America in Whereas the University of Minnesota Gold- tained an impeccable record and earned Congress assembled, en Gophers women’s ice hockey team is the the admiration of all of his colleagues. SECTION 1. SHORT TITLE. only women’s sport at the University to win a national championship; Not once on his watch has a piece of This Act may be cited as the ‘‘Women’s legislation been sent back from the Sustainability Recovery Act of 2004’’. Whereas sophomores Krissy Wendell, Nat- alie Darwitz, and Allie Sanchez and juniors House or from the President because of SEC. 2. WOMEN’S BUSINESS CENTERS. Jody Horak and Kelly Stephens were se- an error. (a) IN GENERAL.—Section 29(k) of the Small lected for the 2003–2004 National Collegiate Through work weeks that have Business Act (15 U.S.C. 656(k)) is amended— Athletic Association All-Tournament team, stretched up to 90 hours, sometimes (1) in paragraph (2), by adding at the end and Krissy Wendell was named the tour- even 50 hours straight, Tom has shown the following: nament’s Most Valuable Player; total focus, dedication and commit- ‘‘(C) FUNDING PRIORITY.—Subject to avail- Whereas sophomore Krissy Wendell was ment to the integrity of this institu- able funds, and reservation of funds, the Ad- named to the Jofa Women’s University Divi- ministration shall, for fiscal year 2004, allo- tion. sion Ice Hockey All-American first team, Says his colleague Joe, ‘‘There are cate— and sophomore Natalie Darwitz was named ‘‘(i) $150,000 for each eligible women’s busi- to the Jofa Women’s University Division Ice darn few people who can do that.’’ He is ness center established under subsection (b), Hockey All-American second team; right. The Senate has been incredibly except for centers that request a lesser Whereas seniors Kelsey Bills, La Toya fortunate to have such a meticulous amount; Clarke, Melissa Coulombe, and Jerilyn Glenn and hard working member of the team. ‘‘(ii) from the funds reserved under para- made tremendous contributions to the Uni- Tom says his most vivid memory of graph (4)(A), not more than $125,000 to each versity of Minnesota Golden Gophers wom- working in the Senate is 9/11, and real- eligible women’s business center established en’s ice hockey program; izing that a plane was heading this under subsection (l); and Whereas the University of Minnesota Gold- way. September 11 reinforced his idea ‘‘(iii) any funds remaining after allocations en Gophers women’s ice hockey head coach of the importance of every Senate job, are made under clauses (i) and (ii) to new eli- Laura Halldorson, for the third time since gible women’s business centers and eligible from clerks to staff to elected officials. 1998, has been named the American Hockey ‘‘This is the finest institution in the women’s business centers that did not re- Coaches Association’s Division I Women’s ceive funding in the prior fiscal year under Coach of the Year (2003–2004); and world that represents democracy to ev- subsection (b).’’; and Whereas all of the team’s players showed eryone in the world. To have an oppor- (2) in paragraph (4)(A), by adding at the tremendous dedication throughout the sea- tunity to work in this building has end the following: son toward their goal of winning the na- been a tremendous honor.’’ ‘‘(v) For fiscal year 2004, 48 percent.’’. tional championship: Now, therefore, be it Tom and his wife plan to spend their (b) SUNSET DATE.—The amendments made Resolved, That the Senate— retirement years where it is warm all by subsection (a) are repealed on October 1, (1) commends the University of Minnesota year round. They hope to travel 2004. women’s ice hockey team for winning the throughout the States, starting this f 2003–2004 National Collegiate Athletic Asso- spring with Yosemite, Lake Tahoe and ciation Division I Women’s Ice Hockey the Grand Canyon. Tom also antici- UNIVERSITY OF MINNESOTA Championship; GOLDEN GOPHERS (2) recognizes the achievements of all the pates after 15 years of grueling and un- predictable hours finally being able to Mr. FRIST. Mr. President, I ask team’s players, coaches, and support staff spend quantity time with his four unanimous consent that the Senate and invites them to the United States Cap- grandsons. proceed to the immediate consider- itol Building to be honored; and (3) directs the Secretary of the Senate to I thank Tom for his extraordinary ation of S. Res. 346 which was intro- transmit an enrolled copy of this resolution service to the Senate and to the Amer- duced earlier today by Senators DAY- to the president of the University of Min- ican people. I wish him safe travels and TON and COLEMAN. nesota. all the best in his well-earned retire- The PRESIDING OFFICER. The f ment. clerk will report the resolution by Mr. DASCHLE. Mr. President, I come COMMENDING TOM LUNDREGAN title. to the floor for a couple of minutes be- The legislative clerk read as follows: Mr. FRIST. Mr. President, I ask cause I want to thank a man who is a A resolution (S. Res. 346) commending the unanimous consent that the Senate fixture in this institution. University of Minnesota Golden Gophers for now proceed to the consideration of S. Tom Lundregan is the Senate’s en- winning the 2003–2004 National Collegiate Res. 347 submitted by Senators FRIST rolling clerk and as fine a public serv- Athletic Association Division I National Col- and DASCHLE. ant as you will find anywhere. Today legiate Woman’s Ice Hockey Championship. The PRESIDING OFFICER. The marks his last day in the Senate, and I There being no objection, the Senate clerk will report the resolution by know that I speak for all of us when I proceeded to consider the resolution. title. say we are going to miss him. Mr. FRIST. Mr. President, I ask The legislative clerk read as follows: Tom began his Government service 36 unanimous consent that the resolution A resolution (S. Res. 347) to commend the years ago as a printing apprentice with be agreed to, the preamble be agreed Senate Enrolling Clerk Thomas J. the Government Printing Office.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4722 CONGRESSIONAL RECORD — SENATE April 29, 2004 Over the next 21 years, he was de- the Senate family in thanking Tom. I Resolved, That the United States Senate tailed a number of times to both the also want to thank Tom’s wife Yanjie commends Thomas J. Lundregan for his ex- House and the Senate. Xu for sharing her husband with the emplary service to the United States Senate Fifteen years ago, the Senate was Senate at least 16 months longer than and the Nation, and wishes to express its fortunate enough to convince Tom to deep appreciation and gratitude for his long, she had planned. faithful, and outstanding service, and ex- join us full-time, as member of the Of- We wish them well as they finally tends its very best wishes upon his retire- fice of the Senate Enrolling Clerk. begin those travels they have looked ment. Since 1995, he has headed that office forward to for so long, and we want SEC. 2. The Secretary of the Senate shall and served this institution with great them to know that they take with transmit a copy of this resolution to Thomas distinction. them the thanks, admiration, and best J. Lundregan. ‘‘Enrolling clerk’’ is one of those cu- wishes of the entire Senate. f rious Senate titles that even devoted Mr. REID. Mr. President, I would C–SPAN watchers might have a hard also like to spread across the Record of AUTHORIZING USE OF THE time defining. the Senate our congratulations and ap- CAPITOL GROUNDS It is the enrolling clerk’s responsi- preciation for the work that Tom has Mr. FRIST. Mr. President, I ask bility to proofread and prepare for contributed to this institution. Espe- unanimous consent that the Senate printing every page of legislation the cially late in the session, when we are proceed to the immediate consider- Senate passes, and then transmit those at home, he and the other enrolling ation of H. Con. Res. 376. pages to the House of Representatives, clerk are working long, long hours The PRESIDING OFFICER. The the National Archives, the Secretary of after we have left, long after we have clerk will report the concurrent resolu- State, the United States Claims Court, left, very tedious, very difficult, but a tion by title. and the White House. very important job to make sure the The legislative clerk read as follows: It is also the enrolling clerk who work we do here winds up in the final A concurrent resolution (H. Con. Res. 376) transmits Senate messages to the record—in the law books, in effect—the House, and arranges for the delivery of authorizing the use of the Capitol Grounds way it is supposed to be. It is an art for the Greater Washington Soap Box Derby. all Senate-enrolled bills and resolu- that has been developed over these There being no objection, the Senate tions to the White House. many years, and we are very appre- The job demands diligence, intel- proceeded to consider the concurrent ciative of all that Tom Lundregan has ligence, enormous attention to detail resolution. done for not only the Senate but the and often incredibly long hours. Mr. FRIST. Mr. President, I ask When legislation needs to be moved country. unanimous consent that the concur- Mr. FRIST. Mr. President, I ask quickly to the House, or prepared for rent resolution be agreed to, that the unanimous consent that the resolution preconferencing, the enrolling clerk motion to reconsider be laid upon the be agreed to, the preamble be agreed and his staff work until the job is done. table, and that any statement relating I know that, many times, Tom has to, the motions to reconsider be laid to the resolution be printed in the upon the table en bloc, and that any had only enough time to go home and RECORD. take a shower before coming right back statements relating to the resolution The PRESIDING OFFICER. Without to face another workday. He and his be printed in the RECORD at the appro- objection, it is so ordered. staff have also worked through week- priate place. The concurrent resolution (H. Con. The resolution (S. Res. 347) was ends, recesses, and holidays, and they Res. 376) was agreed to. agreed to. have done so without a word of com- The preamble was agreed to. f plaint. The resolution, with its preamble, As enrolling clerk, Tom worked reads as follows: MEASURE READ THE FIRST closely with the Secretary of the Sen- TIME—H.R. 4181 S. RES. 347 ate and the Senate Legislative Coun- Whereas in 1967, Thomas J. Lundregan be- Mr. FRIST. Mr. President, I under- sel’s Office to establish policies regard- came an employee of the Government Print- stand that H.R. 4181 is at the desk, and ing the proper form and language of ing Office, and since then has devoted his ca- I ask for its first reading. legislation. reer to the service of the United States Gov- The PRESIDING OFFICER. The He also worked with the Legislative ernment; clerk will report the bill by title. Whereas in 1989, Thomas J. Lundregan Counsel’s Office to develop software The legislative clerk read as follows: that will soon allow the enrolling joined the Office of the Enrolling Clerk in clerks and legislative counsel offices to the Office of the Secretary of the Senate; A bill (H.R. 4181) to amend the Internal Whereas in 1995, Thomas J. Lundregan be- Revenue Code of 1986 to permanently extend share data electronically. These came the Enrolling Clerk of the Senate and the marriage penalty relief provided under projects—and others—will ensure that has always performed the duties of that of- the Economic Growth and Tax Relief Rec- Tom’s influence will continue to be felt fice with great dedication, perseverance, and onciliation Act of 2001. in the Senate for years to come. humor; Mr. FRIST. I now ask for its second As some know, Tom was actually Whereas Thomas J. Lundregan has per- reading and, in order to place the bill scheduled to retire 16 months ago but formed a critical role in ensuring the technical accuracy and legal sufficiency of legis- on the calendar under rule XIV, object he stayed on to help train his successor to further proceedings on this matter. and ensure a smooth transition. That’s lation passed by the Senate; Whereas Thomas J. Lundregan has been in The PRESIDING OFFICER. Objec- how committed he is to this Senate. the forefront of the modernization of the option is heard. The measure will remain More than once in these last 16 erations of the Senate Enrolling Clerk; at the desk and receive its second read- months, Tom has reminded his suc- Whereas Thomas J. Lundregan has faith- ing on the next legislative day. cessor, ‘‘We need to be 100 percent fully discharged the difficult duties and re- right, not just 99.9 percent.’’ In 36 years sponsibilities of Enrolling Clerk of the f of service to the people of the United United States Senate with great pride, energy, efficiency, dedication, integrity, and MEASURE READ THE FIRST States, Tom Lundregan has held him- TIME—S. 2370 self to that same high standard. With professionalism; Whereas Thomas J. Lundregan has earned Mr. FRIST. Mr. President, I under- Tom, there is no such thing as ‘‘good the respect, affection, and esteem of his col- enough for government work.’’ leagues and the United States Senate; stand that S. 2370 is at the desk, and I We could not have a Government ‘‘of Whereas Thomas J. Lundregan has for 36 ask for its first reading. the people, by the people and for the years ably and faithfully upheld the high The PRESIDING OFFICER. The people’’ without the extraordinary de- standards and traditions of service to the clerk will report the bill by title. votion and skill of people such as Tom. United States Government; and The legislative clerk read as follows: Whereas Thomas J. Lundregan will retire A bill (S. 2370) to amend the Fair Labor He is a public servant in the best sense from the United States Senate on April 30, Standards Act of 1938 to provide for an in- of that term and an important and val- 2004, with 36 years of Service to the United crease in the Federal minimum wage. ued member of our Senate family. States Government and 15 years Service to Today, on the occasion of Tom’s well- the United States Senate: Now, therefore, be Mr. FRIST. I now ask for its second deserved retirement, I joint the rest of it reading and, in order to place the bill

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2004 CONGRESSIONAL RECORD — SENATE S4723 on the calendar under rule XIV, object ask that the Senate stand in adjourn- of her students in mathematics im- to further proceedings on this matter. ment under the previous order, fol- proved dramatically. The PRESIDING OFFICER. Objec- lowing the comments of Senator MUR- Carol has been actively involved with tion is heard. The bill will remain at KOWSKI. the Association of Interior Native Edu- the desk for its second reading on the The PRESIDING OFFICER. Without cators. She served on their Board of Di- next legislative day. objection, it is so ordered. rectors for over 7 years and was Presi- f The Senator from Alaska is recog- dent from 1999 until 2002. She has also ORDERS FOR MONDAY, MAY 3, 2004 nized. been a leader of the Fairbanks Native f Association and has served as an advi- Mr. FRIST. Mr. President, I ask sor to the Alaska Department of Edu- CAROL LEE GHO’S SELECTION TO unanimous consent that when the Sen- cation. ate completes its business today, it ad- THE NATIONAL ADVISORY COUN- Carol dreamed that after retirement journ until 1 p.m. on Monday, May 3. I CIL ON INDIAN EDUCATION she would have an opportunity to focus further ask that following the prayer Ms. MURKOWSKI. Mr. President, I more of her attention on making class- and pledge, the morning hour be appreciate the indulgence for a few room curriculum relevant to Native deemed expired, the Journal of pro- minutes to say a few quick words about ceedings be approved to date, and fol- students. I am gratified that the Presi- a fellow Alaskan. dent has made it possible for Carol to lowing the time for the two leaders, It will come as no surprise to anyone the Senate then begin a period for fulfill this desire. As a member of the in this body that I have expressed some National Advisory Council on Indian morning business for up to 60 minutes, concerns about the feasibility of imple- with Senators permitted to speak for Education, Carol will have an oppor- menting the No Child Left Behind leg- tunity to influence the quality of edu- up to 10 minutes each; provided that islation in the remote villages of rural following morning business, the Senate cation enjoyed by American Indian and Alaska. Descendants of the first peo- Alaska Native students for generations resume consideration of Calendar No. ples of Alaska, Eskimos, Indians and 381, S. 1637, the FSC/ETI JOBS bill. to come. Aleuts, make up most of the inhab- The PRESIDING OFFICER. Without I wish Carol great success in her new objection, it is so ordered. itants of these villages. role and look forward to working close- Last year, I brought Secretary Paige f ly with her on matters of education to rural Alaska so that he could fully policy in the coming years. PROGRAM comprehend the challenges of edu- I yield the floor. cating children in the villages. It is Mr. FRIST. Mr. President, on Mon- f day following morning business, the clear to me, and I believe it became Senate will resume consideration of clear to the Secretary, that our na- ADJOURNMENT UNTIL MONDAY, the FSC/ETI JOBS bill. The chairman tional education policy must be in- MAY 3, 2004 AT 1 P.M. formed by the experiences of parents, and the ranking member of the Fi- The PRESIDING OFFICER. Under teachers, and school administrators on nance Committee have already worked the previous order, the Senate stands the ground if it is to be effective. The through a number of amendments, and adjourned until Monday, May 3, at 1 Secretary must not only know what is they will be here on Monday to con- p.m. going on in the classrooms of our larg- tinue processing those amendments. Thereupon, the Senate, at 8:24 p.m., est cities but also in the farthest cor- There will be no rollcall votes on Mon- adjourned until Monday, May 3, 2004, at day, but Senators are encouraged to ners of our Nation. When it comes to 1 p.m. come to the floor to offer and debate educating our children, one size does their amendments. Any rollcall votes not fit all, and nobody knows this bet- f ordered on Monday will be set aside to ter than an experienced classroom NOMINATIONS occur on Tuesday. teacher. Mr. President, we began this week 4 I was pleased to learn that President Executive nominations received by days ago with the objective of taking Bush has selected an exemplary Alaska the Senate April 29, 2004: up the Internet bill and, indeed, several classroom teacher to work with Sec- DEPARTMENT OF STATE hours ago passed a 4-year extension of retary Paige in the improvement of JOYCE A. BARR, OF WASHINGTON, A CAREER MEMBER an expired moratorium with protection OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- educational opportunities for Amer- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND of DSL and protection of broadband. In ican Indian and Alaska native stu- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA this bill, we address voice over Internet TO THE REPUBLIC OF NAMIBIA. dents. I am speaking of Carol Lee Gho, WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- protocol. Also in the bill we reserve the of Fairbanks, AK, who will soon join BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- right of States to collect the tradi- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- the National Advisory Council on In- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES tional telecom taxes. dian Education. OF AMERICA TO THE BOLIVARIAN REPUBLIC OF VEN- It was a long 4 days in order to ac- Carol was raised in the rural Alaska EZUELA. complish this end, but it really took a JUNE CARTER PERRY, OF THE DISTRICT OF COLUMBIA, villages of Lake Minchumina and A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, lot of work from both sides of the aisle. Manley Hot Springs. Her mother was CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- There were a number of our colleagues DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Inupiaq Eskimo from the village of OF AMERICA TO THE KINGDOM OF LESOTHO. who participated. I will mention a few, Wainwright. After graduating from CHARLES P. RIES, OF THE DISTRICT OF COLUMBIA, A recognizing that there are many that I CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, Brigham Young University with a CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR leave out. We tried once before to bring major in mathematics, she began her EXTRAORDINARY AND PLENIPOTENTIARY OF THE this bill to the floor and had to come UNITED STATES OF AMERICA TO GREECE. back to it, but we were successful this teaching career at the junior high R. BARRIE WALKLEY, OF CALIFORNIA, A CAREER MEM- school level in California, Utah and Ar- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- time under Senator MCCAIN’s tremen- ISTER COUNSELOR, TO BE AMBASSADOR EXTRAOR- dous leadership. I will mention Sen- izona. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES In 1984, 11 years after leaving the OF AMERICA TO THE GABONESE REPUBLIC, AND TO ators ALLEN, WYDEN, LOTT, ALEX- SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- classroom to raise a family, Carol re- PENSATION AS AMBASSADOR EXTRAORDINARY AND ANDER, VOINOVICH, ENZI, FEINSTEIN, sumed her teaching duties in the Fair- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DORGAN, SUNUNU, and STEVENS, and the TO THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRIN- list goes on. banks North Star Borough School Dis- CIPE. I appreciate the manner in which ev- trict. She taught in the Fairbanks dis- AFRICAN DEVELOPMENT FOUNDATION eryone handled this bill and allowed for trict continuously until her retirement EDWARD BREHM, OF MINNESOTA, TO BE A MEMBER OF in June 2003. THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOP- the issues to come forward. I was so MENT FOUNDATION FOR A TERM EXPIRING NOVEMBER pleased that at the end of this week we Carol loved teaching and she is fond- 13, 2007, VICE CECIL JAMES BANKS, TERM EXPIRED. accomplished what we set out to do. ly remembered for her work as a math IN THE MARINE CORPS teacher at Lathrop High School. How- f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ever, she also takes great pride in the IN THE UNITED STATES MARINE CORPS RESERVE TO THE ORDER FOR ADJOURNMENT 3 years she taught at Howard Luke GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. FRIST. If there is no further Academy, an alternative high school. To be brigadier general business to come before the Senate, I During those 3 years, the performance COL. ROBERT D. PAPAK, 0000

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COL. EUGENE G. PAYNE JR., 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, DANNY E KOWALSKI, 0000 U.S.C., SECTION 624 AND 3064: IAN C MCINTYRE, 0000 IN THE NAVY ANTHONY J PACHUTA, 0000 To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT F WALTON, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JAMES C. JOHNSON, 0000 TIMOTHY J WERRE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES To be rear admiral (lower half) TO THE GRADE INDICATED IN THE UNITED STATES ARMY NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- CAPT. WAYNE G. SHEAR JR., 0000 MENT UNDER TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: To be captain THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major JOHN M BURNS, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEVEN R BUROCK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SHANNON D. BECKETT, 0000 PAUL G CHISHOLM, 0000 To be rear admiral (lower half) LEONARD A. CROMER, 0000 DONALD F CLARK, 0000 IN THE MARINE CORPS PHIL C DELFIN, 0000 CAPT. CHRISTINE S. HUNTER, 0000 WILLIAM J DUTOUR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT C GIBNEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- MICHAEL A GREEN, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BRUCE E HARTWELL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY R HAYDEN, 0000 To be rear admiral (lower half) To be colonel KIMBERLY HIGGINS, 0000 SCOTT P. HANEY, 0000 STEVEN G KEATING, 0000 CAPT. CHRISTINE M. BRUZEK-KOHLER, 0000 WILLIAM G MAUS, 0000 ROBERT A SHAUGHNESSY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY JAMES M SORRENTINO, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT R SWANBECK JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROGER W TURNER JR., 0000 To be rear admiral (lower half) MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- TIONS 624 AND 3064: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPT. RAYMOND E. BERUBE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES CAPT. JOHN J. PRENDERGAST III, 0000 To be lieutenant colonel NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: IN THE COAST GUARD DAVID P. FERRIS, 0000 To be captain THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- IN THE NAVY DAN D ASHCRAFT, 0000 JAMES M CANNON IV, 0000 MENT AS PERMANENT COMMISSIONED REGULAR OFFI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES L CLARK, 0000 CER IN THE UNITED STATES COAST GUARD IN THE TO THE GRADE INDICATED IN THE UNITED STATES WILLIAM G HALICKS, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT A HAMMETT, 0000 To be lieutenant To be captain ROBERT L HAYS, 0000 CRAIG S. TOOMEY, 0000 JAMES R HOGAN, 0000 JAMES K. COLTON, 0000 THOMAS R KELLY, 0000 IN THE AIR FORCE DAVID J KOWALICK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS L LIMBAUGH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SAMMY C MCCARVER, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE RESERVE OF THE AIR BRADLEY K NELSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain JOSEPH E PAYNE, 0000 To be colonel MARJORIE A RAWHOUSER, 0000 KEVIN S. LERETTE, 0000 RONALD F REIMER, 0000 RICHARD B. GOODWIN, 0000 KATHLEEN M. LINDENMAYER, 0000 ELIZABETH A UGORCAK, 0000 JOHN E VASTARDIS, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT POINTMENT IN THE GRADE INDICATED IN THE UNITED TO THE GRADE INDICATED IN THE UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES AND 1552: To be captain NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant colonel To be captain VICTOR M. BECK, 0000 JEFFREY P. BOWSER, 0000 MAUREEN P. CRAGIN, 0000 RODMAN P ABBOTT, 0000 RICHARD M. BRULL, 0000 JOHN T. FLEMING III, 0000 RALPH J ABISLAIMAN, 0000 GREGORY W. JOHNSON, 0000 CHARLES C. ISLEIB, 0000 PATRICK H ALLMAN III, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- ELIZABETH A. JONES, 0000 CRAIG P ANDERSON, 0000 GARY M ANDRES, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: JOHN R ANDRESEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES PETER P ASHTON III, 0000 To be lieutenant colonel NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DIONEL M AVILES, 0000 To be captain BRIAN G BARNES, 0000 BRADLEY D. BARTELS, 0000 JONATHAN H BARTLEY, 0000 GARY W. BROWN, 0000 EDMUND F. CATALDO III, 0000 KEVIN J BAUM, 0000 JAMES S. CLARK, 0000 MARJORIE Z. NORDMAN, 0000 LEWIS O BEAUDROT, 0000 JASON DUDJAK III, 0000 GARY S. PETTI, 0000 BARRY W BEHNFELDT, 0000 TERRY E. HAYES, 0000 PHILIP R BELLIO, 0000 MARC D. RUSSICK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEIDRE L BISHOP, 0000 WILLIAM L. STALLINGS III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES WILLIAM J BISSENAS JR., 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY W BOHAN, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED To be captain BRIAN S BOURGEOIS, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: LYLE C BROWN, 0000 ELIZABETH A. CARLOS, 0000 GORDON A BROZ, 0000 To be major MAURICE J. MONTGOMERY JR., 0000 GARY R BUCHANAN, 0000 CHARLES J. LAW, 0000 JOEL S. ROTHSCHILD, 0000 PAUL V BURKE, 0000 SUSAN F. WASHINGTON, 0000 PHILIP C. WHEELER, 0000 FRED G CADY, 0000 DAVID A. WEAS, 0000 ROBERT K CALDWELL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER P CALLAHAN, 0000 IN THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES JOSEPH V CAMERA, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CARL F CARLSON II, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC J CARPER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE To be captain THOMAS H CHAPIN, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PAUL L. ALBIN, 0000 JOHN M CHIFFER, 0000 To be colonel STEPHEN L. CASTINETTI, 0000 SCOTT J CHRISTENSEN, 0000 STEPHEN E. PLAISANCE, 0000 RONALD L CLEVELAND, 0000 ELIZABETH J. BARNSDALE, 0000 JOHN L. SHAPIRO, 0000 WILLIAM G COOKE, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF MARK E. SVENNINGSEN, 0000 PATRICK J COOLEY, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO PETER L COSTELLO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE GRADE INDICATED IN THE RESERVE OF THE ARMY WILLIAM N COX, 0000 TO THE GRADE INDICATED IN THE UNITED STATES UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DAVID E CROW, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BRUCE R DAILEY, 0000 To be colonel To be captain WILLIAM B DAITCH, 0000 SYLVESTER D DELAPORTE, 0000 RAUL GONZALEZ, 0000 JOHN L. BARTLEY, 0000 EDWARD F DELDOTTO JR., 0000 JAMES F. KING, 0000 LAURA E. MASON, 0000 MARK F DELMAN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JAMES A. MCGRATH, 0000 STERLING L DERAMUS, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO CHARLES A. RAINEY, 0000 JOHN W DIETZEN JR., 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOSEPH A. SCHMIDT, 0000 MITCHELL K DIMMICK, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: KAREN J DUBAY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GENE S DUBICKI, 0000 To be colonel TO THE GRADE INDICATED IN THE UNITED STATES MICHAEL J DUMONT, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD J. GALLANT, 0000 KEITH T DUNCAN, 0000 ERIC R. GLADMAN, 0000 To be captain KATHLEEN D EDWARDS, 0000 JAMES M ELLINGER JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD A COLONNA, 0000 ROBERT B ELLIOTT, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MARCUS J CROMARTIE, 0000 KIRK E ENGEL, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRYAN P CUTCHEN, 0000 RANDALL L FEHRENBACHER, 0000 PETER R DAVENPORT, 0000 DANIEL L FLYNN, 0000 To be colonel RONALD M FLEMING, 0000 ERICK W GERDES, 0000 RANDALL W. COWELL, 0000 RONALD L HARRELL, 0000 TIMOTHY J GILBRIDE, 0000 NELSON P HENDRICKS, 0000 JOHN W GREENE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHERINE A ISGRIG, 0000 ANDREW R GRIFFITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL E KIDD, 0000 GREGORY E HALES, 0000

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JEFFREY D HALL, 0000 JEFFREY B WHITING, 0000 BRIGADIER GENERAL NORMAN R. SEIP WILLIAM C HAMPTON, 0000 STEPHEN F WICKERSON, 0000 BRIGADIER GENERAL LOYD S. UTTERBACK MICHAEL H HAPEMAN, 0000 ROBERT J WILLIS, 0000 BRIGADIER GENERAL DONALD C. WURSTER BILLY R HARDAS, 0000 MARK E WOODALL, 0000 JOSEPH C HARDING, 0000 SAMUEL R YOUNG, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY W HARDY, 0000 STEVEN YOUNG, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CHARLES H HARRIS, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE A HERFEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES To be major general WILLIAM J HIGGINS JR., 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DOUGLAS E HINTZE, 0000 BRIG. GEN. WILLIAM L. SHELTON MONICA B HOFF, 0000 To be captain BRIAN R HOOD, 0000 THE FOLLOWING OFFICER FOR APPOINTMENT IN THE JAMES G HOWE, 0000 JAMES S BAILEY, 0000 UNITED STATES AIR FORCE TO THE GRADE INDICATED PAUL D HUNT, 0000 MICHAEL D BARG, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAMES P IDLE, 0000 JONATHAN G BUFF, 0000 To be brigadier general JAMES P JOHNSON, 0000 KEVIN J CALLAHAN, 0000 JIMMIE D JONES, 0000 COURTNEY L CAMPBELL, 0000 COL. RONNIE D. HAWKINS, JR. DAVID W KALEEL, 0000 CHRISTOPHER P CARLSON, 0000 THE FOLLOWING OFFICER FOR APPOINTMENT IN THE JOHN F KALL, 0000 NORMAN O DAVIS JR., 0000 UNITED STATES AIR FORCE TO THE GRADE INDICATED BRIAN J KEEPERS, 0000 MARK D DOWD, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID R KENNEDY III, 0000 PAUL M FLEMMING, 0000 EARLE L KIRKLEY, 0000 JAMES D GEMMER, 0000 To be brigadier general MARK A KIRTLEY, 0000 GARY W GOLOMB, 0000 COLIN L KISER, 0000 JOSEPH B GREEN, 0000 COL. DANNY K. GARDNER GREGORY J KNIFF, 0000 GAIL GROSS, 0000 THE FOLLOWING OFFICER FOR APPOINTMENT IN THE GEORGE A KOBAN, 0000 BRADFORD A HALE, 0000 RESERVE OF THE AIR FORCE TO THE GRADE INDICATED PAUL A KRUG, 0000 DAVID L HALL, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD O KUZIAK, 0000 JOANN S HOLLAND, 0000 JEFFREY M LANDSMAN, 0000 JAMES M HORSLEY, 0000 To be brigadier general BRIAN L LAROCHE, 0000 CHRISTOPHER M HOUMAN, 0000 COL. RICHARD R. MOSS DANIEL M LEETZ, 0000 DOMINIQUE L HUSTON, 0000 STEPHEN J LITTFIN, 0000 STEVEN C JENSEN, 0000 IN THE ARMY KAREN V LOFTUS, 0000 STEVEN A KARLOW, 0000 BENITO LOYOLA JR., 0000 JEFFREY B KELLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL L MAHAN, 0000 LAUCHLIN A KELLY II, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MICHAEL J MAHONEY, 0000 FRANK D KENLON, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PAUL R MAHOSKY, 0000 WILLIAM L KILLION, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NANCY M MALONE, 0000 MELVIN T KROON, 0000 To be general WILLIAM A MARRIOTT, 0000 BRETT M KURASHIGE, 0000 PAUL G MARSHALL, 0000 ADELE M LANGEVIN, 0000 LT. GEN. DAN K. MCNEILL JEFFERSON H MATTOX, 0000 MICHAEL C LESKIN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL C MCCARRON, 0000 KENNETH LINDSEY JR., 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED GARY D MCCARTHY, 0000 STEPHEN LOUGHRAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: GEORGE C MCCOLE JR., 0000 JOAN F LUDWICK, 0000 LUKE M MCCOLLUM, 0000 CHRISTOPHER MACON, 0000 To be major general PATRICK F J MCCORMACK, 0000 WILLIAM A MALONEY, 0000 JAMES M MCCULLOUGH, 0000 LAVERN MEYER JR., 0000 BRIGADIER GENERAL GARY L. BORDER PATRICK J MCDONNELL, 0000 STEVEN E MINNING, 0000 BRIGADIER GENERAL WILLIAM H. BRANDENBURG JAMES J MCGOVERN, 0000 NANCY L NEWMAN, 0000 BRIGADIER GENERAL RANDAL R. CASTRO JEROME L MCKINNEY, 0000 TIMOTHY I NOWACZYK, 0000 BRIGADIER GENERAL JAMES A. COGGIN GLENN MCMAKEN, 0000 ROBERT D PAGE, 0000 BRIGADIER GENERAL JOSEPH F. FIL, JR. ANTHONY J MESCHER, 0000 JAMES J PARKER, 0000 BRIGADIER GENERAL JOHN D. GARDNER PATRICK A MICUCCI, 0000 GARY S POWERS, 0000 BRIGADIER GENERAL BRIAN I. GEEHAN GREGORY H MILLER, 0000 DONNA S RICHARDSON, 0000 BRIGADIER GENERAL GARY L. HARRELL TIMOTHY T MILLER, 0000 NEIL D SCOTT, 0000 BRIGADIER GENERAL JANET E. A. HICKS JAMES E MONTGOMERY, 0000 DEBRA L SEDGELEY, 0000 BRIGADIER GENERAL KENNETH W. HUNZEKER OTTO C MOORE, 0000 RICHARD S SHERER, 0000 BRIGADIER GENERAL JAMES A. KELLEY WILLIAM E MOUNTFORD, 0000 MATTHEW J SLICHKO, 0000 BRIGADIER GENERAL RICKY LYNCH JOHN T NANKERVIS JR., 0000 ROGER M SMITH, 0000 BRIGADIER GENERAL MICHAEL R. MAZZUCCHI CHRISTIAN T NYGREN, 0000 JOAN F STARK, 0000 BRIGADIER GENERAL DENNIS C. MORAN PATRICK J OROURKE, 0000 STEPHEN R TESTA, 0000 BRIGADIER GENERAL JAMES H. PILLSBURY WILLIAM J OVERMAN, 0000 DAVID S TOLBERT, 0000 BRIGADIER GENERAL DAVID C. RALSTON ANTHONY R PAIGE, 0000 ROSE M TRAFTON, 0000 BRIGADIER GENERAL JAMES E. SIMMONS PHILIP S PARK, 0000 DENNIS L TROY, 0000 BRIGADIER GENERAL EDGAR E. STANTON III JOSEPH K PASKVAN II, 0000 KRISTOFER P TURNBOW, 0000 BRIGADIER GENERAL GUY C. SWAN III TERRY D PATTERSON, 0000 RICHARD K VANDOP, 0000 BRIGADIER GENERAL DAVID P. VALCOURT BRADLEY J PETERSON, 0000 PATRICK D WARFLE, 0000 BRIGADIER GENERAL W. MONTAGUE WINFIELD DAVID E PETTRY JR., 0000 EDWIN J WASZ, 0000 BRIGADIER GENERAL JOHN A. YINGLING MARK D PHILLIPS, 0000 KENNETH R WHITE, 0000 JOSEPH S PURVIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS E WHITTLES, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARK A QUARTIERE, 0000 JEFFREY B WILSON, 0000 BRYAN D QUIGLEY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: PAUL A RACICOT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be brigadier general RICHARD E RAYERMANN, 0000 AS TO THE GRADE INDICATED IN THE UNITED STATES PATRICK J REIDY JR., 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C, SECTION 12203: COLONEL JOHN C. ADAMS DAVID L ROBBINS JR., 0000 To be captain COLONEL CHARLES B. ALLEN BLANCHARD P ROBERSON, 0000 COLONEL CHARLES A. ANDERSON DEREK G ROBERTS, 0000 RICHARD S. MORGAN, 0000 COLONEL OSCAR R. ANDERSON STEPHEN L ROEHRS, 0000 TERRY L. M. SWINNEY, 0000 COLONEL JOHN R. BARTLEY ROBERT E ROSE JR., 0000 COLONEL KEVIN J. BERGNER DAVID A SAEGER, 0000 f COLONEL BRUCE A. BERWICK JOSEPH T SANDERSON, 0000 COLONEL NOLEN V. BIVENS CHRISTOPHER T SCOTT, 0000 CONFIRMATIONS COLONEL DANIEL P. BOLGER BRUCE J SEITZ, 0000 COLONEL DOYLE D. BROOME, JR. CAMERON A SEN, 0000 Executive nominations confirmed by COLONEL ALBERT BRYANT, JR. FRANK P SHAFFER, 0000 the Senate April 29, 2004: COLONEL ROBERT L. CASLEN, JR. JOSEPH R SHAPPELL, 0000 COLONEL JAMES E. CHAMBERS DENIS J SHEA, 0000 IN THE AIR FORCE COLONEL BERNARD S. CHAMPOUX PHILLIP W SILVER, 0000 COLONEL ANTHONY A. CUCOLO III STEPHEN J SLOAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL MICHAEL C. FLOWERS MICHAEL B SMACK, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL JEFFREY W. FOLEY ALAN B SMITH, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL REBECCA S. HALSTEAD ROBERT R SMITH, 0000 To be major general COLONEL MICHAEL D. JONES CHRISTIAN E SPRINKLE, 0000 COLONEL PURL K. KEEN ZBIGNIEW S STANKIEWICZ, 0000 BRIGADIER GENERAL JAMES B. ARMOR, JR. COLONEL DAVID B. LACQUEMENT VICKI S STEPHENS, 0000 BRIGADIER GENERAL CURTIS M. BEDKE COLONEL STANLEY H. LILLIE BINGHAM P STICKNEY, 0000 BRIGADIER GENERAL JOHN T. BRENNAN COLONEL THOMAS C. MAFFEY ROBERT W STICKNEY, 0000 BRIGADIER GENERAL ROGER W. BURG COLONEL FRANCIS G. MAHON ERIC L STILWELL, 0000 BRIGADIER GENERAL JOHN J. CATTON, JR. COLONEL JOSEPH E. MARTZ RICHARD W STJOHN, 0000 BRIGADIER GENERAL MICHAEL A. COLLINGS COLONEL RAYMOND V. MASON RANDALL A STROUD, 0000 BRIGADIER GENERAL DANIEL J. DARNELL COLONEL JOHN F. MULHOLLAND WILLIAM T SUMMERS II, 0000 BRIGADIER GENERAL FRANK R. FAYKES COLONEL PATRICK J. OREILLY DANIEL W SWEENEY, 0000 BRIGADIER GENERAL VERN M. FINDLEY II COLONEL MARK V. PHELAN LEE M TABENKEN, 0000 BRIGADIER GENERAL STEPHEN M. GOLDFEIN COLONEL JOSEPH SCHROEDEL ELIZABETH Y C TAGGART, 0000 BRIGADIER GENERAL GILMARY M. HOSTAGE III COLONEL JOHN E. STERLING, JR. MICHAEL O THOMAS, 0000 BRIGADIER GENERAL THOMAS P. KANE COLONEL RANDOLPH P. STRONG MICHAEL A THOMPSON, 0000 BRIGADIER GENERAL PERRY L. LAMY COLONEL JAMES L. TERRY WILLIAM D THOMPSON, 0000 BRIGADIER GENERAL ROOSEVELT MERCER, JR. COLONEL WILLIAM J. TROY THOMAS R THROWER, 0000 BRIGADIER GENERAL GARY L. NORTH COLONEL PETER M. VANGJEL BRIAN W TODD, 0000 BRIGADIER GENERAL ANTHONY F. PRZYBYSLAWSKI COLONEL DENNIS L. VIA BRION K TYLER, 0000 BRIGADIER GENERAL LOREN M. RENO COLONEL JOSEPH L. VOTEL MARK VERROCHI, 0000 BRIGADIER GENERAL EDWARD A. RICE, JR. COLONEL FRANCIS J. WIERCINSKI PAUL B VUJICA, 0000 BRIGADIER GENERAL MARC E. ROGERS IN THE NAVY JOSEPH A WALSH II, 0000 BRIGADIER GENERAL ARTHUR J. ROONEY, JR. WEYMAN W WATSON, 0000 BRIGADIER GENERAL STEPHEN T. SARGEANT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DARWIN L WEBSTER, 0000 BRIGADIER GENERAL DARRYL A. SCOTT IN THE UNITED STATES NAVAL RESERVE TO THE GRADE DONALD C WHALEN, 0000 BRIGADIER GENERAL WINFIELD W. SCOTT III INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 9801 E:\2004SENATE\S29AP4.REC S29AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4726 CONGRESSIONAL RECORD — SENATE April 29, 2004 To be rear admiral (lower half) AIR FORCE NOMINATION OF JOHN D. ADAMS. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ARMY NOMINATIONS BEGINNING THOMAS A. BURGESS 23, 2004. CAPT. RICHARD J. WALLACE AND ENDING JOHN R. STEFANOVICH, WHICH NOMINA- FOREIGN SERVICE NOMINATIONS BEGINNING ELIZA TIONS WERE RECEIVED BY THE SENATE AND APPEARED FERGUSON AL-LAHAM AND ENDING HUGO YUE-HO YON, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON MARCH 22, 2004. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ARMY NOMINATIONS BEGINNING TIMOTHY J. CAL- AND APPEARED IN THE CONGRESSIONAL RECORD ON INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: LAHAN AND ENDING RONALD O. GIENAPP, WHICH NOMI- APRIL 8, 2004. To be rear admiral (lower half) NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING MARK A PEARED IN THE CONGRESSIONAL RECORD ON MARCH 22, ADAMS AND ENDING ERIN L ZELLERS, WHICH NOMINA- CAPT. HAROLD L. ROBINSON 2004. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF LEO L. BENNETT. IN THE CONGRESSIONAL RECORD ON JANUARY 22, 2004. AIR FORCE NOMINATIONS BEGINNING ELWOOD M. ARMY NOMINATION OF JAMES D. JONES. MARINE CORPS NOMINATIONS BEGINNING CHRIS- BARNES AND ENDING REX A. WILLIAMS, WHICH NOMINA- ARMY NOMINATION OF JORGE L. ROMEU. TOPHER J AABY AND ENDING MARK W ZIPSIE, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF CRAIG D. HARTRANFT. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON OCTOBER 16, 2003. ARMY NOMINATION OF WILLIS C. HUNTER. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AIR FORCE NOMINATIONS BEGINNING DWIGHT R. ARMY NOMINATION OF DANA R. YETTON. 22, 2004. BRASWELL AND ENDING KAREN H. STOCKS, WHICH NOMI- ARMY NOMINATION OF HAROLD B. SNYDER III. NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF DANNY L. MCGRAW. MARINE CORPS NOMINATIONS BEGINNING MATTHEW T PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ARMY NOMINATION OF RICHARD A. STEBBINS. ASHE, JR. AND ENDING JASON D YOUNG, WHICH NOMINA- 2, 2004. ARMY NOMINATION OF OTHA MYLES. TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATIONS BEGINNING RICHARD J. ARMY NOMINATION OF JERRY M. BROWN. IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2004. BURLING, JR. AND ENDING ROBERT L. TULLMAN, WHICH ARMY NOMINATION OF FRANK G. ATKINS. MARINE CORPS NOMINATIONS BEGINNING ANDREW T NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF JAMES R. VANDERGRIFT. FINK AND ENDING NICK TRUJILLO, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON APRIL 6, FOREIGN SERVICE NOMINATIONS BEGINNING BRUCE M. WERE RECEIVED BY THE SENATE AND APPEARED IN THE 2004. QUINN AND ENDING MICHAEL W. LIIKALA, WHICH NOMI- CONGRESSIONAL RECORD ON JANUARY 28, 2004. AIR FORCE NOMINATION OF ARAM M. DONIGIAN. NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING CURTIS S AIR FORCE NOMINATION OF VINCENT F. CARR. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY AMES AND ENDING STEVEN M ZOTTI, WHICH NOMINA- AIR FORCE NOMINATION OF DANIEL J. COURTOIS. 5, 2004. TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATION OF CHARLES G. STITT. FOREIGN SERVICE NOMINATIONS BEGINNING CHRIS- IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2004. AIR FORCE NOMINATION OF RONALD E. RIKANSRUD. TINA JEANNE AGOR AND ENDING TED K. GONG, WHICH MARINE CORPS NOMINATIONS BEGINNING TRAVIS R AIR FORCE NOMINATIONS BEGINNING JEFFREY A. BAI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AVENT AND ENDING MARK B WINDHAM, WHICH NOMINA- LEY AND ENDING TERRY G. HOEHNE, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TIONS WERE RECEIVED BY THE SENATE AND APPEARED TIONS WERE RECEIVED BY THE SENATE AND APPEARED 23, 2004. IN THE CONGRESSIONAL RECORD ON APRIL 6, 2004. IN THE CONGRESSIONAL RECORD ON APRIL 8, 2004. FOREIGN SERVICE NOMINATIONS BEGINNING PAUL MARINE CORPS NOMINATION OF DAVID C. COX. AIR FORCE NOMINATION OF STEVEN M. HILL. BELMONT AND ENDING JOSEPH D. STAFFORD III, WHICH NAVY NOMINATION OF MELISSA A. HARVISON. AIR FORCE NOMINATION OF JOHN J. DERESKY. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING VICTORIA T AIR FORCE NOMINATIONS BEGINNING HEIDI C. BER- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY CRESCENZI AND ENDING JOSEPH ZULIANI, WHICH NOMI- TRAM AND ENDING THOMAS C. WISLER, JR., WHICH NOMI- 23, 2004. NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- FOREIGN SERVICE NOMINATIONS BEGINNING WILLIAM PEARED IN THE CONGRESSIONAL RECORD ON APRIL 6, PEARED IN THE CONGRESSIONAL RECORD ON APRIL 8, L. BRANT II AND ENDING WILLIAM W. WESTMAN, WHICH 2004. 2004. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF SCOTT F. MURRAY.

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CONGRATULATING JOHN R. MIL- indispensable to legislators, lawyers, and any- Nancy Piper. Nancy will officially retire tomor- LER, HOUSE LAW REVISION one with an interest in the rule of law. Under row on April 30, 2004 after over 28 years of COUNSEL, UPON HIS RETIRE- the superb leadership of John Miller, the office unselfish, dedicated public service to Con- MENT has rightfully earned a reputation for excel- gress in various capacities—both in the minor- lence. ity and in the majority—to five Republican HON. J. DENNIS HASTERT John’s lifetime of service to our country leaders of the House Small Business Com- OF ILLINOIS should be a source of pride to him and his mittee. Nancy graduated from Sweet Briar family. On behalf of the House Democratic College in Virginia and has a Legal Assistant IN THE HOUSE OF REPRESENTATIVES Caucus, it is my pleasure to commend and Degree from George Washington University. Thursday, April 29, 2004 thank John for his great career in the House Nancy began her career on Capitol Hill in Mr. HASTERT. Mr. Speaker, I am honored of Representatives and to wish him all the the Nation’s bicentennial year of 1976 working today to congratulate and thank Law Revision best in his retirement. for her Congressman, Jack Wydler, from Gar- Counsel John R. Miller for his 28 years of f den City on Long Island, New York. At that service to the House of Representatives upon time there were only 145 Republicans in the his retirement on May 3, 2004. During his time RECOGNIZING THE CONTRIBU- House of Representatives. Starting in 1983, as Assistant Counsel, Deputy Counsel, and TIONS AND ACCOMPLISHMENTS she began working for the Small Business Law Revision Counsel, John’s dedication, pro- OF JOHN R. MILLER Committee for the then ranking minority Mem- fessionalism, and expertise have served the ber Joseph McDade in Pennsylvania. Since House well, and his important contributions HON. F. JAMES SENSENBRENNER, JR. then, Nancy worked for four other Republican will be missed. Overall John has given 33 OF WISCONSIN leaders of the House Small Business Com- years of service to the Federal Government, IN THE HOUSE OF REPRESENTATIVES mittee, including Andy Ireland of Florida, Jan and I know he looks forward to a well-de- Meyers of Kansas, and Jim Talent of Missouri. Thursday, April 29, 2004 served retirement. She has certainly seen a lot of changes over As the director of the Law Revision Counsel Mr. SENSENBRENNER. Mr. Speaker, John the years on how Capitol Hill operates, includ- staff, John has been responsible for signifi- R. Miller is retiring on May 3, 2004, after 32 ing the pivotal year of 1994, when her role cantly improving the procedures for preparing years of service working for the Federal gov- dramatically changed to a majority staff per- and publishing the U.S. Code and for making ernment. He began his career in the Legisla- son. the office self-reliant, a goal which goes back tive Branch working on the staff of Represent- Nancy is one of the many unsung staff to 1975. Under John’s leadership, the Office ative William McCulloch of Ohio. Later, John members of the Small Business Committee no longer requires outside assistance to became an attorney-advisor in the Office of that makes sure many of the administrative produce the Code, and the staff continues to General Counsel at General Accounting Office functions of the committee run smoothly. With- improve its efficiency. For almost three dec- and worked there for 3 years. In 1975, when out her service and her institutional memory, ades, John has played a pivotal role in meet- the Office of the Law Revision Counsel was the committee simply could not function. ing the mandate of the Office to accurately re- established as an independent office in the Nancy makes sure that everything associated flect the intent of Congress in consolidating House of Representatives, John was one of with a committee hearing or a bill markup pro- and codifying Public Laws. While John will the first assistant counsels appointed. In 1994, ceeds without a hitch. shortly no longer show up for work each day, John was promoted to Deputy Law Revision Mr. Speaker, Members who serve on the we will remember his strong legacy. The Counsel, and in 1996, he was appointed by Small Business Committee or who have once House is a better and stronger institution be- Speaker Newt Gingrich as the Law Revision served on the committee all experienced Nan- cause of the efforts of John Miller. We wish Counsel. cy’s professionalism and pleasant demeanor. him all the best in retirement. Throughout his 28 years with the Office of While they will miss her, I know that they will f the Law Revision Counsel, John has played want to join me in wishing Nancy all the best an integral role in the development and evo- as she leaves the frantic pace of Capitol Hill THANKING JOHN R. MILLER FOR lution of the Office. During his tenure as Law to enjoy her well-deserved retirement. My wife, HIS SERVICE TO THE HOUSE Revision Counsel, he has initiated and over- Freda, and I express to Nancy Piper our very seen a significant modernization and upgrad- fondest personal wishes to her and her hus- HON. NANCY PELOSI ing of the procedures and technology used to band, Chris, and her two daughters, Kate and OF CALIFORNIA prepare the Code, thereby improving efficiency Elizabeth, as she embarks on her new journey IN THE HOUSE OF REPRESENTATIVES and accuracy. in life. Mr. Speaker, John has set high standards f Thursday, April 29, 2004 for the work of the Office of the Law Revision Ms. PELOSI. Mr. Speaker, it is my privilege Counsel. His unwavering commitment to ex- RECOGNIZING NORTHWEST to join my colleagues in honoring a true public cellence has been instrumental in making the INDIANA COMMUNITY servant, John R. Miller, as he begins the re- Code as accurate and reliable as possible. He tirement he so richly deserves. For the past 28 will be missed. HON. PETER J. VISCLOSKY years, John has belonged to that small but es- f OF INDIANA sential group of dedicated, nonpartisan profes- IN THE HOUSE OF REPRESENTATIVES sionals who quietly ensure that the House of IN HONOR OF NANCY PIPER Representatives functions smoothly and Thursday, April 29, 2004 serves the people of the United States. HON. DONALD A. MANZULLO Mr. VISCLOSKY. Mr. Speaker, it is with John has served as Assistant Counsel, Dep- OF ILLINOIS great pride and enthusiasm that I rise to rec- uty Counsel, and, for the past eight years, as IN THE HOUSE OF REPRESENTATIVES ognize an outstanding member of the north- the Law Revision Counsel. The Law Revision west Indiana community, Ms. Agnes Lynch. Counsel supervises a staff of 12 attorneys Thursday, April 29, 2004 This incredible woman has been a life force who, along with several editors, administrative Mr. MANZULLO. Mr. Speaker, we all know for countless students and for her family. Her aides, and technical specialists, are charged that this body could not function without the presence in our community has touched the with preparing and publishing the United able assistance of our staff members. I want- lives of thousands and helped many become States Code. The Code is a consolidation and ed to bring to the attention of the House that the leaders of today codification by subject matter of the general the Small Business Committee will soon lose Originally from Milwaukee, Wisconsin, Ms. and permanent laws of the United States. It is to retirement the services of the Chief Clerk, Agnes (Ott) Lynch earned her B.A. in English

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

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.001 E29PT1 E706 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2004 at Mount Mary College in Milwaukee. Two sitions that would allow him to continue in his diem program spending limit from $75 million major events highlighted those college years. commitment to defending human dignity. He to $100 million, in its fiscal year 2005 medical One was the once-in-a-lifetime experience of served as one of the officers on the first inter- care budget proposal. This legislation would winning the national Tournament of Orators nal Hurley Medical Center security team. Val authorize that spending increase along with sponsored annually by the Hearst Newspaper began his tenure with the Genesee County extending the program authority through 2008. chain. She was the only woman to ever win Sheriff Department as a Deputy Sheriff in Sep- The VA’s Homeless Grant and Per Diem the national finals of that contest. The 1950 tember of 1993. During his career Val was program provides competitive grants to com- finals were held in Baltimore and Bishop elected Steward and later Chief Steward of munity-based, faith-based, and public organi- Sheen was one of the judges. To that day, AFSCME Local 2259, a position he held until zations to offer transitional housing or service Agnes cherishes her kiss on the cheek from his retirement. He was also the coordinator of centers for homeless veterans. Between Sheen, at least as much as the cash prize that the special events within the Sheriff Depart- grants and per diem-only awards, VA is con- accompanied her first-place finish. ment. Val chaired the Michigan Special Olym- tributing support for approximately 10,000 This other event, meeting her future hus- pics ‘‘Law Enforcement Torch Run’’ for 3 community-based supportive housing beds band, occurred while Agnes was working her years. He assisted with communications for and services to homeless veterans in all 50 way through college at the Milwaukee Public the Special Olympics ‘‘Crim Races’’ for 14 states and the District of Columbia. Current re- Library. John Lynch came into the library one years, and he rode his bicycle twice across cipients of these funds are contributing in very night to check out a book. He was on his way Michigan in memory of fallen deputies and significant ways to the fulfillment of the objec- home from the German bakery, just down the other law enforcement agents. He was an ad- tive to reduce homelessness among veterans. street from the library, where he was working viser/instructor for 10 years with the Forgotten Mr. Speaker, on behalf of the homeless vet- his way through Marquette University. John Man Mission Training Program, which was es- erans who need these services and the pro- and Agnes were married in Milwaukee just tablished to assist individuals with becoming grams that are achieving successful out- after graduation and moved to Gary, John’s an assistant chaplain. Val’s invaluable service comes, I urge my colleagues to support this hometown. to the community has not gone unnoticed. measure. After their third child was born, Agnes start- During his career he received numerous acco- ed her teaching career, first at Toleston High lades, including the Sheriff’s ‘‘Community f School and then, for 25 years, at Merrillville Service’’ award for his commitment to volun- HONORING CALIFORNIA STATE High School, where she was the English De- teering and promoting safety. Aside from his SENATOR JOHN VASCONCELLOS partment chairwoman, sponsor of the Thes- law enforcement career, Val is the Com- pian Society and director of the class plays. mander of the Flint-Flotilla U.S. Coast Guard There are few people in northwest Indiana Auxiliary, and most recently he became a HON. ANNA G. ESHOO who didn’t have Agnes for a teacher. In her member of the U.S. Air Force Auxiliary, Lt. OF CALIFORNIA spare time, she earned her M.A. from Col. Keehn Composite Flint Squadron. IN THE HOUSE OF REPRESENTATIVES Valparaiso University. After retiring from Val is not only dedicated to serving and pro- Thursday, April 29, 2004 Merrillville High School, Agnes taught for 3 tecting the community, he is also and foremost years at Indiana University Northwest. a devoted husband to his lovely and sup- Ms. ESHOO. Mr. Speaker, on behalf of the A widow since John’s passing in 2000, portive wife of 26 years, Louise. members representing Silicon Valley, including Agnes now devotes her time to church, trav- Mr. Speaker, as a Member of Congress, I Representatives STARK, LANTOS, LOFGREN, eling and basking in the accomplishments of ask my colleagues in the 108th Congress to HONDA and FARR, I rise to honor California her children. Mr. Speaker, Agnes Lynch has please join me in honoring my good friend and State Senator John Vasconcellos, one of the given her time and efforts selflessly to the constituent Val Rose, and wishing him the most highly respected legislators in California, people of northwest Indiana throughout her very best in his retirement. who is retiring this year after representing Santa Clara County in the California Legisla- long and illustrious life. She has given the gift f of knowledge to thousands in our community. ture for nearly forty years. Senator I respectfully ask that you and my other distin- HOMELESS VETERANS ASSIST- Vasconcellos will be honored on Friday, April guished colleagues join me in congratulating ANCE REAUTHORIZATION ACT OF 30, 2004 by the Santa Clara County Demo- Ms. Lynch for her outstanding contributions to 2004 cratic Party for his extraordinary public service Indiana’s First Congressional District. I am career. proud to commend Agnes for her lifetime of HON. CHRISTOPHER H. SMITH John Vasconcellos is a graduate of service and dedication. OF NEW JERSEY Bellarmine College Preparatory in San Jose and the University of Santa Clara, where he f IN THE HOUSE OF REPRESENTATIVES was the first person in the history of the insti- HONORING MR. VAL ROSE Thursday, April 29, 2004 tution to graduate as Student Body President, Mr. SMITH of New Jersey. Mr. Speaker, the Valedictorian and recipient of a medal given to HON. DALE E. KILDEE Department of Veterans Affairs (VA) estimates the outstanding member of the senior class. OF MICHIGAN that there are 200,000 or more homeless vet- After two years in the Army, he returned to at- IN THE HOUSE OF REPRESENTATIVES erans living on the streets on any given night. tend Santa Clara University Law School where Other organizations dedicated to assisting he again was Class President and a top stu- Thursday, April 29, 2004 homeless populations believe that that number dent. He practiced law in San Jose and Mr. KILDEE. Mr. Speaker, I rise before you is higher, closer to 300,000. Either number is served in the Administration of Governor Ed- today to pay tribute to an outstanding man, far too high and a national travesty. For these mund G. ‘‘Pat’’ Brown. Mr. Val Rose, who on December 4, 2003 re- veterans, access to VA benefits, specialized John Vasconcellos was first elected to the tired from the Genesee County Sheriff Depart- services and effective outreach are vital com- California State Assembly in 1966, where he ment in Flint, Michigan after 20 years of dedi- ponents to any hope of individual stability and served for 30 years before being elected to cated service to the residents of Genesee improvement in their prospects. the State Senate. During his tenure in the As- County. On May 4, 2004, family and friends With the passage of Public Law 107–95, the sembly, he served as the Chairman of the will gather to honor the career of Mr. Rose Homeless Veterans Comprehensive Assist- powerful Assembly Ways and Means Com- during a dinner to be held at the Ramada Inn ance Act of 2001, Congress established the mittee where he earned a reputation as a located in my hometown of Flint, Michigan. goal of ending chronic homelessness in the masterful negotiator and conciliator, and for Val was born in Flint, Michigan on October veteran population within a decade. Today, I the superior legislation he produced. 20, 1951 to Dr. and Mrs. Frank (Florence) am introducing H.R. 4248 along with Mr. In 1996, John Vasconcellos was elected to Rose. He graduated from Central High School EVANS of Illinois, the Committee’s ranking the California State Senate, where he has in 1970. He attended Flint Junior College member, that would extend the authority of the served on the Budget, Public Safety, and En- (Mott College) and majored in criminal justice. Secretary of Veterans Affairs to continue mak- ergy, Utilities and Communications Commit- During his course of study he received an in- ing grants to expand or modify existing pro- tees and as the Chair of the Committees on ternship within the Flint Police Department. grams for homeless veterans. The current au- Education, Economic Development, Preparing His first official assignment was with a police thority for this program will expire in Sep- California for the 21st Century, and the Inter- force in the State of Wyoming. Upon returning tember 2005 without this legislation. VA also net Caucus. He founded the California Task to the Great State of Michigan, Val sought po- requested an increase in the grant and per Force to Promote Self Esteem and Personal

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.002 E29PT1 April 29, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E707 and Social Responsibility. He has been called Mr. Speaker, many people have greatly launched an amphibious raid near the town of ‘‘the conscience of the Legislature’’ and ‘‘the benefited from George Booms’s experience Dieppe, and this operation proved to be a Johnny Appleseed of Self Esteem.’’ He has and dedication. He is a man of moral char- complete disaster. Some of the highest cas- made a commitment to recognizing California acter committed to improving the welfare and ualty rates of the entire war were suffered dur- as the leader in the development of new tech- dignity of those in need. I ask my colleagues ing the operation. As a result of this military nologies, the global economy, and to meeting in the 108th Congress to please join me in debacle, there were over 1,000 allied soldiers the challenge of realizing the promise of our congratulating George Booms on a successful killed, and 2,000 prisoners taken by the Ger- multicultural democracy, with every person term and in wishing the very best in future en- mans. The Allied raid failed because troops being given the opportunity to fulfill her or his deavors. were inadequately prepared and lacked expe- full potential his mantra. f rience in battle, the plan was poorly con- Mr. Speaker, we’re proud to call John ceived, overly complex, and lacked sufficient Vasconcellos our friend and our colleague in RECOGNIZING THE 60TH ANNIVER- fire support from aircraft and artillery. SARY OF OPERATION OVERLORD public service. This pragmatic idealist and vi- As planning for Operation Overlord was un- sionary is a source of great pride to the derway, Winston Churchill injected much Democratic Party, to our mutual constituents, HON. CHRISTOPHER H. SMITH needed caution and urged careful planning. to all Californians and to our entire nation. We OF NEW JERSEY Stalin was putting heavy pressure on Roo- ask our colleagues to join us in honoring and IN THE HOUSE OF REPRESENTATIVES sevelt and Churchill to move quickly and thanking Senator Vasconcellos for his lifetime Thursday, April 29, 2004 launch an invasion in 1943 to relieve the enor- of extraordinary service to California and our mous pressure on the Soviets along the East- Mr. SMITH of New Jersey. Mr. Speaker, country. Because of him and his distinguished ern Front. Churchill worried that a 1943 inva- today I am introducing legislation to recognize service, we are unmistakably a stronger, bet- sion would fail, and feared that the beaches of and commemorate the 60th anniversary of the ter and more decent nation. France could end up ‘‘choked with the bodies Allied landing at Normandy during World War f of the flower of American and British man- II. I am pleased that the ranking member of hood.’’ HONORING MR. GEORGE BOOMS the House Veterans’ Affairs Committee, Mr. Fortunately, the Allies learned the bitter les- EVANS, has joined me as an original cospon- HON. DALE E. KILDEE sor of this measure. I urge all of my col- sons of the 1942 Dieppe landing, and put OF MICHIGAN leagues on both sides of the aisle to support these hard-won lessons to good use during IN THE HOUSE OF REPRESENTATIVES this resolution. the Normandy invasion. But there was nothing Thursday, April 29, 2004 The well-known phrase ‘‘freedom is not historically inevitable about the success of Op- eration Overlord. Mr. KILDEE. Mr. Speaker, I rise before you free’’ perhaps never meant as much as it did The famed historian Stephen Ambrose put today to recognize the accomplishments of Mr. on June 6, 1944. Over 6,500 American troops the significance of this operation in perspec- George Booms. He is a hardworking advocate suffered casualties on that day. Our allies also tive: for America’s senior citizens. On Thursday, suffered great numbers of killed and wounded. May 6, 2004, the Region VII Area Agency on Many more observed horrible images that You can’t exaggerate it. You can’t over- Aging will show their appreciation to George were burned into their memories for the rest of state it. [D-Day] was the pivot point of the 20th century. It was the day on which the de- during their annual meeting to be held at their lives. Sadly, this was the beginning of a campaign that would cost the lives of thou- cision was made as to who was going to rule Buck’s Run located in Mt. Pleasant, Michigan. in this world in the second half of the 20th George was born October 9, 1938, in Bad sands of Americans in order to end the ‘‘Thou- century. Is it going to be Nazism, is it going Axe, Michigan. He is a longtime resident and sand Year Reich’’ hundreds of years pre- to be communism, or are the democracies dairy farmer of Sanilac County, Michigan. maturely. There are many concentration camp going to prevail? If we would have failed on George has made it his life’s work to defend prisoners—and their descendants—alive today Omaha Beach and on the other beaches on and promote human dignity for all senior and because of the price paid by thousands of the 6th of June in 1944, the struggle for Eu- disabled Americans. He joined the Region VII young men. rope would have been a struggle between Hit- Area Agency on Aging Board of Directors in One of the reasons I feel strongly that Con- ler and Stalin, and we would have been out 1993. The Area Agency on Aging, which was gress should debate and pass legislation such of it. created by the Older Americans Act, partners as this is that there are fewer and fewer origi- It is also worth noting that General Dwight with county organizations to service the needs nal participants in the event, and our collective D. Eisenhower himself was not completely of the elderly. During his tenure, George societal memory can become skewed and dis- confident of victory. Prior to the launch of the served as board vice chairman in 1998 and torted. As the interval of time lengthens be- great amphibious assault, he scribbled a brief 2000. He served as board chairman from tween our current understanding of a historical note about what he would say to the press in 2001 to 2004. Under his steadfast leadership, event, and when the event originally took the event that the invasion failed, and put it in George was able to successfully, along with place, its significance can sometimes become his wallet. He later added it to his diary. The the help of various committees, secure a new blurred or almost lost. note read as follows: and more spacious facility for Region VII Area Many of us look back upon the Normandy ‘‘Our landings in the Cherbourg-Havre area Agency on Aging. George was also instru- Invasion at D–Day, June 6, 1944, and think of have failed to gain a satisfactory foothold mental in leading the search for a new execu- it as the beginning of Europe’s liberation from and I have withdrawn the troops. My deci- tive director. He has also dedicated numerous the clutches of one of the most evil systems sion to attack at this time and place was hours to advocating the MiChoice Waiver proof government ever devised by mankind. In based upon the best information available. gram for the elderly and disabled. George was many ways, this understanding is correct. But The troops, the air and the Navy did all that sometimes I feel as if too many historical ob- Bravery and devotion to duty could do. If the lead in guiding the agency to conduct a any blame or fault attaches to the attempt study on wages and approve equitable wage servers minimize the fact that the Allied victory it is mine alone. steps for all employees of Region VII Area at Normandy, and the subsequent liberation of Agency on Aging. Prior to George’s service on Europe from Nazi and Fascist tyranny, was When the words of this note were first re- the board, he was the township clerk for not inevitable. Many historians today are so vealed to the American public, I thought how Sanilac County for 12 years and a Sanilac obsessed with finding and identifying ‘‘funda- wise President Franklin Roosevelt was to pick County commissioner for 12 years. He was mental historical trends’’ and isolating various a man of such character and humility as also a member of the Sanilac planning com- factors and causes that they often overlook Dwight Eisenhower to lead the single most im- mittee and public and safety committee. Aside that much of history occurs by chance and by portant military operation in American history. from his work with the agency, George enjoys the sheer human will of key individuals. Here was a man who was asked to oversee participating in various related church func- On June 6, 1944, failure was possible. In and execute the most complicated military tions and woodworking. fact, when you pause and consider the mag- plan ever devised, one in which so many I know that George would want me to point nitude and scale of such an enormously com- things could have gone wrong that you could out that the love and support of his family plicated military operation waged by multiple have blamed hundreds of different variables have immensely contributed to his overall suc- nations, it sometimes seems amazing that the had it not succeeded. cess. He is a devoted husband to his lovely operation ever succeeded. A great invasion force stood off the Nor- wife, Arlene. They have three sons, two After all, roughly two years earlier, several mandy coast of France as dawn broke on daughters, and six wonderful grandchildren. thousand Canadian and British troops June 6, 1944: in all, there were 9 battleships,

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.006 E29PT1 E708 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2004 23 cruisers, 104 destroyers, and 71 large difficult to coordinate artillery support and leav- that by Thy grace, and by the righteousness landing craft of various descriptions, as well as ing troops miles from their objective with use- of our cause, our sons will triumph. troop transports, mine sweepers, and less maps. And where the Allied forces had They will be sore tried, by night and by merchantmen. Combined, these forces con- day, without rest—until the victory is won. appropriate maps, they didn’t have the nec- The darkness will be rent by noise and flame. stituted nearly 5,000 ships of every type, the essary radios with which to call in for fire sup- Men’s souls will be shaken with the violences largest armada ever assembled. Allied Air port, reinforcements, or to coordinate their at- of war. . . . Forces flew 11,000 sorties to provide air tacks. A lot of radios had gone to the bottom Some will never return. Embrace these, cover, bomb beach-head fortifications, and with their ships and landing craft. Many of Father, and receive them, Thy heroic serv- most importantly, pin down the armored Pan- those who landed were seasick or weary from ants, into Thy kingdom. . . . zer tank reserves that the Germans had avail- the journey through choppy waters. Nearly half With Thy blessing, we shall prevail over able to counterattack and drive any Allied of the amphibious tanks accompanying the in- the unholy forces of our enemy. Help us to conquer the apostles of greed and racial beachhead back into the sea. vaders sank, swamped by the high waves arrogancies. Lead us to the saving of our Eisenhower had reasonable faith in his war their design couldn’t accommodate. Wreckage country, and with our sister nations into a plan, to be sure. He did not recklessly cast at the water’s edge piled up and landing craft world unity that will spell a sure peace—a over 150,000 Allied soldiers into harm’s way became hopelessly entangled in barbed wire peace invulnerable to the schemings of un- without taking every possible precaution to en- and uncleared beach obstacles placed by the worthy men. And a peace that will let all sure success. But he was fully cognizant of German defenders. Arriving at the battlefield men live in freedom, reaping the just re- just how badly things could go awry even if during a rising tide, many landing craft be- wards of their honest toil. Thy will be done, everything he could control went perfectly and came stuck on sandbars that were 50 to 100 Almighty God. Amen. on schedule. He was fully prepared to shoul- yards from the waterline. Enemy machine Incredibly, the high casualties suffered were der the entire blame himself if the outcome did guns, firing from heavily fortified bunkers, less than Allied planners had actually ex- not go well. mowed down rank after rank of U.S. troops pected. There were many who feared that Hit- And there was much to be worried about. who had to wade to shore with fifty, eighty, or ler would order the use of chemical weapons As the day of the invasion approached, the sometimes a hundred pounds of equipment to prevent the Allies from gaining a toehold on weather in the English Channel became through water that was often neck deep. the European mainland. According to the U.S. stormy. The U.S. Army Center of Military His- According to some estimates, barely one- Army Center of Military History, Eisenhower’s tory (CMH) reports that heavy winds, a five- third of the first wave of attackers ever chief surgeon, Maj. Gen. Albert W. Kenner, foot swell at sea, and lowering skies caused reached dry land. Few heavy weapons made and the Chief Surgeon of the U.S. Army’s Eu- General Eisenhower to postpone the assault it to shore in the first wave at OMAHA making ropean Theater of Operations, Maj. Gen. Paul from June 5 to June 6. Weather conditions re- it extremely difficult to take out the mortars, R. Hawley (who later served with distinction as mained poor, but when weather forecasters the chief medical officer of the VA), had pre- predicted the winds would abate and the cloud machine gun emplacements, and artillery bat- teries that were raining death upon Allied pared their staffs to process at least 12,000 cover would rise enough on the scheduled day killed and wounded in the First U.S. Army Di- of the attack to permit aerial support, Eisen- forces. Some were killed the moment the landing doors dropped, as was so poignantly cap- vision alone. hower reluctantly gave the command. Despite the losses, and the unspeakable Eisenhower also understood the awesome tured during the memorable film, ‘‘Saving Pri- hardships endured by so many, the invasion and heavy burden of leadership that comes vate Ryan.’’ Those who were wounded and succeeded. More than 100,000 men and with knowingly sending thousands of men to a unable to move sometimes drowned as the place where many would not return home tide moved in. Making matters worse, the 10,000 vehicles had come ashore that day, alive or uninjured. Planners had expected cas- force opposing them were seasoned German the first of millions who would hammer the ualties of up to 80 percent among the airborne veterans from the 352nd Infantry Division. final nails into Nazi Germany’s coffin. forces and glider troops. Eisenhower, knowing Only sheer bravery and the monumental ef- The skilled German Commander of Army full well what was likely to face these airborne fort of human will posed against impossible Group B, Field Marshall Erwin Rommel, was troops, traveled to an air base at Newbury, odds carried the day at OMAHA beach. About quoted before the battle as saying ‘‘If we do England to bid farewell to the members of the 2,500 men were killed or wounded at OMAHA not succeed in our mission to close the seas 101st Airborne Division before their tow planes alone. to the Allies, or in the first 48 hours, to throw and gliders carried them off to battle. The U.S. By the end of the day, the total tally of dead them back, their invasion will be successful. Army Center of Military History reports that a and injured topped 9,000. The American share . . . In the absence of strategic reserves and newspaper man who accompanied Eisen- was about 6,500. Among the American air- due to the total inadequacy of our navy and of hower later told friends he had seen tears in borne divisions, about 2,500 became casual- our air force we will have lost the war.’’ Rom- the general’s eyes. ties. Canadian forces experienced about 1,100 mel’s assessment was ultimately to be proven Eisenhower’s love and fear for his men was casualties and another 3,000 British soldiers right. Less than one year later, Nazi Germany grounded in reality. Fewer than half of the were killed or wounded. Approximately one- would be beset on both sides by victorious Al- gliders assigned to the U.S. 82nd Airborne Di- third of the casualties were killed in action. lied armies and surrendered. vision ever reached their assigned landing At roughly 10 p.m., June 6, 1944, Eastern Mr. Speaker, our nation must never forget zones on D–Day. Those that missed their tar- Standard Time, President Franklin D. Roo- or take for granted the sacrifices that were gets either became stuck in hedgerows, struck sevelt broadcast a radio address to the nation, made to liberate Europe and put an end to German obstacles constructed specifically to and led a prayer for the many thousands of Nazi tyranny. We must never turn our backs counter glider troops, or were mired in soldiers committed irrevocably to battle that on the veterans who scaled the cliffs of Nor- swampy terrain. By midmorning of June 6, day: mandy against overwhelming odds. 1944, 4,000 men of the 82nd were unac- Last night when I spoke with you about As long as I have the privilege of serving as counted for, along with 60 percent of the the fall of Rome, I knew at that moment Chairman of the House Veterans’ Affairs Com- equipment they had carried into battle. that troops of the United States and our Al- mittee, I will make it my highest priority to en- Several of the beach landings went rel- lies were crossing the Channel in another sure that those who risked everything for the atively smoothly and according to plan. But at and greater operation. It has come to pass sake of our freedom, are honored and served with success thus far. the beach landing code-named OMAHA, many And so, in this poignant hour, I ask you to appropriately by the Department of Veterans things seemed to go wrong all at once for the join with me in prayer: Affairs. primarily American force. Naval and aerial Almighty God: our sons, pride of our Na- f bombardment of enemy mortar and artillery tion, this day have set upon a mighty en- positions had failed to inflict substantial dam- deavor, a struggle to preserve our Republic, HONORING CALIFORNIA STATE age. As American infantry tried to take the our religion, and our civilization, and to set SENATOR BYRON D. SHER beaches, they were pounded mercilessly by free a suffering humanity. the German defenders. Allied rocket ships Lead them straight and true; give strength HON. ANNA G. ESHOO tried to bring additional indirect fire support, to their arms, stoutness to their hearts, steadfastness in their faith. OF CALIFORNIA but they were launched at the outer limits of They will need Thy blessings. Their road IN THE HOUSE OF REPRESENTATIVES their effective range. When missiles fell short, will be long and hard. For the enemy is Thursday, April 29, 2004 they often hit Allied troops on the beach. strong. He may hurl back our forces. Success The high winds and strong currents blew may not come with rushing speed, but we Ms. ESHOO. Mr. Speaker, on behalf of the many of the landing craft off course, making it shall return again and again; and we know members representing Silicon Valley, including

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Representatives FARR, HONDA, LANTOS, ON THE ONE-YEAR ANNIVERSARY fected their peace, health, well-being and live- LOFGREN and STARK, I rise to honor California OF THE U.S. NAVY’S DEPARTURE lihood. That achievement is a testament to the State Senator Byron Sher, one of the most FROM VIEQUES, PUERTO RICO resilience and perseverance of the highly respected legislators in California, who, ´ Viequenses and their allies. That resilience after representing San Mateo, Santa Clara HON. ANI´BAL ACEVEDO-VILA and perseverance is now needed to make sure that the lands are fully and promptly and Santa Cruz Counties in the California OF PUERTO RICO cleaned up and decontaminated. The legacy State Legislature for nearly a quarter century, IN THE HOUSE OF REPRESENTATIVES of contamination and health crisis in Vieques will retire. Senator Sher will be honored on Fri- Thursday, April 29, 2004 must end. day, April 30, 2004 by the Santa Clara County Mr. ACEVEDO-VILA´ . Mr. Speaker, 1 rise The Governor of Puerto Rico, Hon. Sila Democratic Party for his career of extraor- today to commemorate the one-year anniver- Caldero«n, has requested that Vieques—and dinary public service. sary, this Saturday, May 1st, 2004, of the U.S. the island of Culebra—be included in the Na- Byron Sher graduated from Washington Uni- Navy’s departure from the island of Vieques, tional Priorities List under the Superfund law. versity, St. Louis, and earned a law degree Puerto Rico. That request is currently under consideration from Harvard Law School in 1952. He held Puerto Ricans have played a pivotal role in by the Office of Management and Budget. academic teaching positions in law at South- the national defense of the United States. The Once the relevant areas are designated for ern Methodist University, the University of people of Vieques, Puerto Rico, in particular, clean up and decontamination, the necessary bore over 60 years of bombing with everything Southern California, Harvard Law School, funds must be appropriated to make sure that from napalm to depleted uranium. In the Stanford Law School, and was a Fulbright Re- the clean up and decontamination is con- 1940’s, about two-thirds of their land was oc- ducted fully and promptly. Unnecessary delays search Scholar in New Zealand. His elective cupied by the U.S. Navy to make way for a in the clean up process and insufficient fund- public service spans from serving on the Palo bombing range on the eastern part of the is- ing would only exacerbate the health crisis Alto City Council with two terms as Mayor, to land and a weapons depot on the western part suffered by Viequenses. service on the San Francisco Bay Conserva- of the island. Mr. Speaker, as we commemorate the one- tion and Development Commission, the Com- The movement to get the U.S. Navy out of year anniversary of the Navy’s departure from mittee on Environmental Quality for the Na- Vieques was in existence for many years. But the beautiful island of Vieques, we are proud tional League of Cities, and the League of the tragic death of Viequense David Sanes of the victory achieved by the Viequenses and California Cities. Rodrõ«guez on April 19, 1999 as a result of two their allies in a peaceful struggle for peace stray bombs dropped on the Observation Post and justice for the close to 10,000 residents of In November, 1980, Byron Sher was elected in Vieques, contributed to galvanize the move- Vieques. At the same time, we are mindful to the California State Assembly where he ment beyond partisan affiliations and political that the agenda for complete peace and jus- served with distinction as the acknowledged ideologies. That struggle reached its fruition tice in Vieques is still inconclusive. We will leader of environmental policy for over fifteen with the U.S. Navy’s departure from Vieques continue to work towards completing this years. In 1996, he was elected to the Cali- on May 1, 2003. It is important to note that the agenda. I am counting on my colleagues’ sup- fornia State Senate in a special election to Navy has recently indicated that the replace- port in doing so. represent the 11th Senate District which cur- ment training scenario for the Atlantic Fleet is CONGRESS OF THE UNITED STATES, rently spans three counties and stretches from as good if not better than the training con- Washington, DC, March 8, 2001. Hon. GEORGE W. BUSH, San Carlos in the north to the City of Santa ducted on Vieques. This realization is well received by those who called for the cessation President of the United States of America, The Cruz in the South, and which borders on both of training on Vieques. White House, Washington, DC. San Francisco and Monterey Bays. The victory in Vieques is a victory first and DEAR MR. PRESIDENT: For the last 60 years the U.S. Navy has been conducting military During his tenure in the California State foremost of the Viequenses. Yet it is also a operations in two-thirds of the island of Legislature, Byron Sher expanded his reputa- victory of Puerto Ricans in the Island, in the Vieques, Puerto Rico. From the beginning, tion as the foremost expert on environmental U.S., and of many non-Puerto Rican elected such operations have caused concern because issues. He is the first Chairman of the Senate officials, civic, community, labor and religious of their consequences on the people, the en- Environmental Quality Committee, as well as leaders and activists who participated in the vironment, and the economy. The tragic death on April 19, 1999 of David Sanes- the author of landmark laws to protect our en- struggle, organized marches, rallies, and lobbying initiatives. Many were arrested for Rodrı´guez, a Vieques resident, during a vironment and serve as legislative models for peaceful civil disobedience in support for training exercise, brought to the forefront of the Puerto Rican national and international the rest of the nation. Among the laws he has peace in Vieques. authored are the California Clean Air Act, the communities the health, environment, and I am proud to say that many of my fellow the violation of human and civil rights of the Integrated Waste Management Act, and the Members of Congress participated in this im- residents of that Island. Safe Drinking Water Act. He has strengthened portant initiative for peace in Vieques. For in- The People of Vieques have a mortality the State’s timber regulations with his Surface stance, on March 8, 2001, 110 Members of rate 40 percent higher than that of Puerto Mining and Reclamation Act and he has been Congress signed a letter to President Bush Rico, a 27 percent higher risk of dying from at the forefront of computer recycling pro- calling for the immediate and permanent ces- cancer, and a 70 percent higher risk of dying sation of military practices in Vieques. from diabetes. At the same time, Vieques’ grams to ensure that the dangerous byprod- natural resources and environment have ucts of the information age, such as mercury, Mr. Speaker, I would like to place the March been seriously damaged by the continuous don’t contaminate our landfills and water sup- 8, 2001, letter from these 110 Members of bombing and shelling, which have left heavy plies. Senator Sher also authored the Nation’s Congress to President Bush into the RECORD toxic metals in the environment. The is- at this time. On behalf of the people of Puerto first law to prevent toxic contamination of land’s economy has also been affected be- Rico, I thank these Members of Congress for cause Vieques has not been able to develop water supplies from leaking underground stor- their support for peace in Vieques, and I urge to its full potential as a direct result of the age tanks. Virtually all his legislation is consid- them and my other colleagues to join me in U.S. Navy’s presence. In sum, the situation ered the gold standard for environmental con- working towards finishing the inconclusive of Vieques has become an issue of health, en- servation and protection laws in our country. vironmental protection, and human and civil agenda for the people of Vieques. The imme- rights. In spite of all of these concerns, the Mr. Speaker, we’re proud to call Byron Sher diate task at hand is ensuring the adequate, U.S. Navy is determined to continue using our friend and our colleague in public service. full and prompt clean up and decontamination Vieques for bombing exercises. This quiet, humble, decent and brilliant man is of the lands and surrounding waters of This issue has transcended political party and ideological lines in Puerto Rico. Leaders a source of great pride to the Democratic Vieques. Although the Navy has left Vieques, much from all sectors of society agree that the Party, to our mutual constituents, to all Califor- remains to be done before the residents of bombing and shelling must end. At the same nians and to our entire Nation. We ask our Vieques have the peace and justice they de- time, in the United States, the Senate of the State of New Jersey, led by. the Republicans, colleagues to join us in honoring and thanking serve. When the Navy left Vieques and trans- Senator Sher for his lifetime of extraordinary approved a resolution, by unanimity, referred the lands on the eastern part of questing the immediate cessation of the service to California and our country. Because Vieques to the U.S. Fish and Wildlife Service bombings. Governor Donald DiFrancesco (R– of him and his distinguished service, we are a year ago, the people of Vieques finally were NJ), and Governor George Pataki (R–NY) unmistakably a stronger and a better Nation. free of the bombings that so disrupted and af- have also stated their support for this effort.

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.012 E29PT1 E710 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2004 Today, the vast majority of the Puerto (D–PA), James A. Barcia (D–MI), Chaka coma from a backwater log port to become Rican society favors the immediate and per- Fattah (D–PA). the fifth largest container port in North manent cessation of the bombings and f America. shellings. Past Presidents of the United During his 55 years on the waterfront, Phil States, under similar circumstances, have RECOGNIZING THE PASSING OF served as Port of Tacoma commissioner, Pro- ordered the immediate and permanent ces- PHIL LELLI peller Club president, Tacoma Longshore sation of military operations in other loca- pension club president, and University of tions. For instance, in 1975, President Gerald Washington Harry Bridges History Chair Ford, by an Executive Order, terminated the HON. NORMAN D. DICKS trustee. The Propeller Club awarded Philip use of the island of Culebra for military pur- OF WASHINGTON its highest honor, Master Mariner, in 1982. poses. Likewise, President George Bush, on IN THE HOUSE OF REPRESENTATIVES The Harry Bridges Chair designated him its October 22, 1990, directed the Secretary of Distinguished Supporter in 2003. Defense to discontinue the use of the island Thursday, April 29, 2004 After Phil and Joanne’s youngest son died of Kaho’olawe for bombing and target prac- Mr. DICKS. Mr. Speaker, I rise today to rec- in a waterfront accident in 1989, the Pro- tice. ognize the passing of Phil Lelli, a good friend peller Club created the Ross E. Lelli Memo- Your fellow Americans are seriously con- rial Scholarship Fund. cerned about the ailing health, the violation of mine and a great leader of the International Longshore and Warehouse Union from Ta- Phil Lelli learned the meaning of commu- of human and civil rights of the Viequenses, nity service from his father, Martin, who as well as the impact on their environment coma, Washington. taught his son to care for other people, espe- and natural resources. Under the Constitu- Philip M. Lelli was a born longshoreman; he cially the poor. In the 1980s Phil and Father tion of the United States, you have the au- began his career on the Tacoma, Washington William Bischel S.J. organized the Hospi- thority to call for the immediate cessation waterfront in 1949 and retired in 1993. He was tality Kitchen to serve hot lunches to the of the bombing and the shelling that are af- President of the Tacoma Longshore Union Tacoma homeless. Phil rescued a stove from fecting these rights. Therefore, the under- Local 23 from 1966 to 1993, and I recall quite the old Knights of Pythias Temple. signed urge you to order an immediate and Longshore workers trucked the stove to the permanent end of the bombing in Vieques. well the advice and counsel he freely gave to me and to other political leaders throughout Kitchen, took out a wall, installed the stove, Respectfully, and rebuilt the wall. The longshore union Anibal Acevedo Vila´ (D–PR), Luis Gutier- his tenure of Union leadership. Afterward, he continues its support of the Kitchen, which rez (D–IL), Jose Serrano (D–NY), Nydia remained deeply engaged in community affairs serves 450 meals a day. Vela´ zquez (D–NY), Ed Pastor (D–AZ), Ruben in the Puget Sound area, serving as a Port of Visitation will be from 8 a.m. to 9:45 a.m. Hinojosa (D–TX), George Miller (D–CA), Saturday, May 1 (International Workers Charles Rangel (D–NY), Edolphus Towns (D– Tacoma Commissioner and the Harry Bridges NY), Patsy Mink (D–HI), Neil Abercrombie History Chair Trustee at the University of Day), followed by the Funeral Mass at 10:00 (D–HI), Bobby Rush (D–IL), Bob Menendez Washington. a.m. at St. Andrews Catholic Church, 1401 (D–NJ), Edward Markey (D–MA), Hilda Solis Today in the House of Representatives, I Valley Ave., Sumner. Rosary services will be (D–CA), Major Owens (D–NY), Mike Honda would like to express my sincere wishes of at 7 p.m. Friday at St. Martin of Tours Church 2303–54th Avenue East, Fife. Grave- (D–CA), Sam Farr (D–CA), Elliot Engel (D– sympathy to the Lelli Family, Mr. Speaker, and NY), Cynthia McKinney (D–GA), Carrie Meek side services will be at Gethsemane Ceme- to extend my thanks and the appreciation of a tery, 37600 Pacific Highway, at noon May 1. (D–FL), Eva Clayton (D–NC), Louis Slaugh- grateful community for the many contributions ter (D–NY), Sheila Jackson Lee (D–TX), Nita The Longshore Union will honor brother Phil Lowey (D–NY), John Larson (D–CT), Juanita that Phil has made. I would also like to include with an open house from 1 to 4 p.m. There is Millender-McDonald (D–CA), Brad Carson in the RECORD the notice that was printed in an online guest book at (D–OK) Mark Udall (D–CO) Tom Udall (D– today’s News Tribune newspaper from Ta- www.mountainviewtacoma.com NM), Grace Napolitano (D–CA), Charlie Gon- coma, Washington. Arrangements are by Mountain View Fu- neral Home, 253–564–0252. In lieu of flowers, zalez (D–TX), Donna Christensen (D–Vl), [From the News Tribune, Apr. 28, 2004] Danny K. Davis (D–IL), Albert Wynn (D–MD), donations may be made in the name of Philip (By Philip Lelli) Xavier Becerra (D–CA), Joe Baca (D–CA), Lelli to the Ross E. Lelli Memorial Scholar- Robert C. Scott (D–VA), Ciro Rodriguez (D– HANGS HIS HOOK ship, PO Box 453, Tacoma, WA 98401, or the TX), Anthony D. Weiner (D–NY), Lucille Longshore leader Philip Martin Lelli was Hospitality Kitchen, 1323 S. Yakima Ave., Roybal-Allard (D–CA), Sanford D. Bishop Jr. born December 4, 1929, in Edgewood and Tacoma, WA 98405. (D–GA), Gregory Meeks (D–NY), Stephanie passed away April 25, 2004, in Puyallup. He f Tubbs Jones (D–OH), Robert Underwood (D– was the son of Martin and Mary (Baller) GU), Rod Blagojevich (D–IL), Sherrod Brown Lelli and attended Fife schools and Pacific REMEMBERING CHERNOBYL (D–OH), Nancy Pelosi (D–CA), Peter DeFazio Lutheran University. He married Joanne (D–OR), Karen McCarthy (D–MO), David Williams April 18, 1953, in Fife. Phil and Jo- HON. MARCY KAPTUR Phelps (D–IL), Nick Rahall (D–WV), Eni anne were the proud parents of five sons: Jay Faleomavaega (D–AS), Bill Pascrell (D–NJ), (Judith E. Peterson), Marty, Dean (Susan), OF OHIO David Bonior (D–MI), Howard Berman (D– Vance (Kimberlie) and Ross, and grand- IN THE HOUSE OF REPRESENTATIVES CA), Bernard Sanders (I–VT), William Jeffer- parents of Janelle, Jayson A. (Jennifer), Thursday, April 29, 2004 son (D–LA), Dale Kildee (D–MI), Sen. John Paula, Rori, Scott, Mathew, and Marina. Corzine (D–NJ), Betty McCollum (D–MN), There are three great-grandchildren, Mac- Ms. KAPTUR. Mr. Speaker, I rise today to Jesse L. Jackson Jr. (D–IL), Bob Filner (D– Kenzie, Kailee and Ryan. Also surviving is remember those who lost their lives and those CA), William Lacy Clay (D–MO), Ted Strick- his brother Tom (Phyllis) Lelli. One son, who are suffering the aftereffects of the land (D–OH), Lane Evans (D–IL), Dennis Ross, and a sister, Jeanne Retallick, pre- world’s worst nuclear accident—Chernobyl, Kucinich (D–OH), Robert Brady (D–PA), Jim ceded him. April 26, 1986. McDermott (D–WA), John Olver (D–MA), Phil Lelli was a dominant figure on the Ta- The suffering extends outside Ukraine’s bor- Lois Capps (D–CA), Lynn Woolsey (D–CA), coma waterfront from the moment he lifted Barbara Lee (D–CA), Sen. Charles Schumer his first 180–pound sack of wheat in 1949 until ders to Russia, Belarus and beyond. I ask my (D–NY), Sen. Hillary Clinton (D–NY), Alcee he retired as a gearman in 1993. He was a colleagues to take a moment to honor those L. Hastings (D–FL), Melvin Watt (D–NC), born longshoreman: a practical physicist innocent lives that will be forever changed by Bennie Thompson (D–MS), Jerrold Nadler who could come up with the most effective such a horrific event. (D–NY), James E. Clyburn (D–SC), James method of moving any size or weight of I applaud the efforts of the United States McGovern (D–MA), Lloyd Doggett (D–TX), cargo; a leader of men in times of great tech- Department of Energy, the International Atom- John Conyers Jr. (D–MI), Martin Meehan (D– nological change; and a stalwart ally who ic Energy Association, and other donor nations MA), Elijah Cummings (D–MD), Barney won hundreds of friends in ports all over the in remediation and containment efforts in Frank (D–MA), Jerry F. Costello (D–IL), world. Diana DeGette (D–CO), Carolyn McCarthy His mentor was T. A. ‘‘Tiny’’ Thronson, a Ukraine. Estimates indicate that these projects (D–NY), Michael McNutty (D–NY), Joseph veteran of the Great Strike of 1934. may last at least 100 years. Our commitment Crowley (D–NY), Gene Green (D–TX), Caro- Thronson’s advice, ‘‘Do a hard day’s work must remain firm. lyn Maloney (D–NY), Earl Hilliard (D–AL), and you’ll get rewarded with more oppor- I am including for the RECORD an article Maxine Waters (D–CA), James Oberstar (D– tunity,’’ was Phil’s guiding principle as highlighting some of the challenges ahead and MN), Janice Shakowsky (D–IL), Nick President of Tacoma Longshore Union 23 devastation many have already faced. Lampson (D–TX), Bill Delahunt (D–MA), El- from 1966 until 1983. He never abandoned his [From CBS News, Apr. 26, 2004] eanor Holmes Norton (D–DC), William Lipin- belief that port-union cooperation would re- ski (D–IL), Tammy Baldwin (D–WI), Thomas sult in a Golden Age. He teamed with Port REMEMBERING CHERNOBYL Allen (D–ME), Carolyn Kilpatrick (D–MI), Executive Director E. L. Roy Perry, Union Across the former Soviet Union, people lit Maurice Hinchey (D–NY), John LaFace (D– Business Agent George Ginnis, and Port candles, laid flowers and held demonstra- NY), Lynn Rivers (D–MI), Robert A. Borski Commissioner Robert Earley to raise Ta- tions Monday to mark the 18th anniversary

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.017 E29PT1 April 29, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E711 of the Chernobyl nuclear disaster, which cer, mental disorders and cancerous growths. The $137 million Wilkie D. Ferguson Jr. spread radiation over much of northern Eu- The United Nations said in a statement that United States Courthouse, going up at 400 N. rope. in some areas of Belarus, thyroid cancer Miami Ave., will be completed next year. In all, 7 million people in the former So- among children has increased more than 100– Only seven federal courthouses across the viet republics of Belarus, Russia and Ukraine fold when compared with the period before country are named after African-Americans. are estimated to suffer physical or psycho- the accident. Ferguson, who was 65 when he died last logical effects of radiation related to the Two years ago, the U.N. reported that year of leukemia, earned a reputation as an April 26, 1986, catastrophe, when reactor No. 200,000 people still live in highly contami- even-handed jurist who championed the un- 4 exploded and caught fire. nated areas and 4.5 million residents in three derdog. His friend, Miami civil rights attor- An area half the size of Italy was contami- countries are receiving financial help—drain- ney H.T. Smith, eulogized Ferguson as ‘‘the nated, forcing hundreds of thousands of peo- ing national budgets. judge for the least, the last, the lost, the ple to be resettled and ruining some of Eu- The explosion and fire at Chernobyl’s No. 4 looked-over and the left out.’’ rope’s most fertile agricultural land, the reactor contaminated 23 percent of Belarus, 5 In his most resonant federal court ruling, United Nations said. percent of Ukraine and 1.5 percent of Russia, Ferguson was credited with improving the Hundreds of Ukrainians filled the small according to the report. It also spewed a ra- lives of thousands of disabled Florida resi- Chernobyl victims’ chapel in the Ukrainian dioactive cloud across Europe. dents. In 1999, he held the state in contempt capital, Kiev, at 1:23 a.m. Monday (6:23 p.m. f of court, forcing it to increase funding for Sunday ET), the exact time of the explosion. home nursing care and other services. The Later, they laid flowers and lit candles at a CONSIDERATION OF S. 1904, WILKIE move allowed thousands of disabled people to small hill where marble plates are inscribed D. FERGUSON, JR. FEDERAL live at home rather than in institutions. with the names of hundreds of victims. Ferguson was born in May 1938 in Miami, Nearly 1,000 mourners gathered Monday COURTHOUSE where his father, Wilkie Sr., was founding afternoon at Kiev’s memorial to Chernobyl pastor of St. Andrew’s Missionary Baptist victims, a soaring statue of five falling me- HON. KENDRICK B. MEEK Church in Opa-locka. The elder Ferguson tallic swans. Some placed flowers and photos OF FLORIDA died last year at age 94. of deceased relatives at its base. His first landmark case came as a Miami- ‘‘Nothing can be compared with a mother’s IN THE HOUSE OF REPRESENTATIVES Dade Circuit Court judge, when he ruled sorrow,’’ said Praskoviya Nezhyvova, an el- Thursday, April 29, 2004 blacks had been systematically excluded derly retiree clutching a black-framed pho- from a jury. He served on the state’s Third tograph of her son, Viktor. She said he died Mr. MEEK of Florida. Mr. Speaker, I ask District Court of Appeal in Miami from 1980 of Chernobyl-related stomach cancer in 1990 that the following newspaper articles from the to 1993, when President Clinton appointed at age 44. Miami Herald and the South Florida Sun-Sen- him to the federal bench. Volodymyr Diunych, a driver who took tinel appear in the CONGRESSIONAL RECORD Ferguson heard most of his cases in Fort members of the hastily recruited and inad- immediately following my statement: equately equipped cleanup crews to the site, Lauderdale. [From the Miami Herald, April 29, 2004] The new courthouse bearing his name is recalled watching as residents were evacu- U.S. HOUSE OKS BILL NAMING NEW FEDERAL taking shape as one of the most ated ‘‘in an awful rush’’ days after the dis- COURTHOUSE FOR LATE JUDGE WILKIE FER- architecturally distinctive buildings to ap- aster. Meanwhile, the Soviet Union’s tradi- GUSON pear on Miami’s skyline in years. It consists tional May Day celebrations went ahead in of two 15–story glass towers connected by an Kiev, 80 miles south of Chernobyl, only five (By Larry Lebowitz) atrium. When completed and landscaped, it days after the accident. The U.S. House of Representatives on Soviet authorities had withheld much in- Wednesday unanimously passed a bill that will resemble a ship afloat on a wavy sea of formation on the world’s worst nuclear acci- would name the new federal courthouse in grass. dent, both from its own people and from the downtown Miami after the late U.S. District The bill was backed by 19 South Florida rest of the world. Only last year, Ukraine’s Judge Wilkie D. Ferguson Jr. and sent it to Congress members; U.S. Sens. Bob Graham security service declassified secret files doc- the President for his signature. and Bill Nelson; the Dade County Bar Asso- umenting malfunctions and safety violations ‘‘His career is an inspiration to hundreds of ciation; the former Black Lawyers Associa- at the plant that caused the release of small young attorneys, and his honor and integrity tion, now known as the Wilkie D. Ferguson doses of radiation from time to time long be- make him a symbol of fairness on the federal Bar Association; the Caribbean Bar Associa- fore the explosion. bench,’’ said Rep. Kendrick Meek, D-Miami. tion; the Haitian Lawyers Association; the Ukraine shuttered Chernobyl’s last work- ‘‘. . . Naming the new federal courthouse Miami-Dade County Board of Commissioners ing reactor in December 2000, but many prob- after Judge Ferguson is an honor that will and the city of Miami. lems remain. reinforce his legacy for decades to come.’’ f Ukrainian experts say that the concrete- Only seven U.S. courthouses nationwide have and-steel shelter that was hastily con- been named for black jurists, none of them TRIBUTE TO DR. TOMAS A. structed over the damaged reactor needs ur- in Florida. The Senate version, introduced ARCINIEGA ON THE OCCASION OF gent repairs, but authorities claim that and co-sponsored by Florida Democratic HIS RETIREMENT there are no serious safety threats. Mean- Sens. Bob Graham and Bill Nelson, passed on while, many people injured or displaced be- March 12. cause of the explosion complain about inad- The $163 million courthouse, which will HON. CALVIN M. DOOLEY equate government support. feature two 14–story towers connected by a OF CALIFORNIA Sergei Shchvetsov, the head of Russia’s mammoth atrium, is located at 400 N. Miami IN THE HOUSE OF REPRESENTATIVES Chernobyl Union, said that 40,000 people dis- Ave. It is slated to open in late summer 2005. Thursday, April 29, 2004 abled in operations to clean up the blast live in Russia and the ‘‘volume of benefits to [From the South Florida Sun-Sentinel, Apr. Mr. DOOLEY of California. Mr. Speaker, I which (they) are eligible is narrowing every 29, 2004] rise today to congratulate Dr. Tomas A. year,’’ the ITAR-Tass news agency reported. MIAMI FEDERAL COURT BUILDING TO BE FIRST Arciniega for his 20 years of distinguished Greenpeace activists held a small protest IN STATE NAMED AFTER AFRICAN-AMERICAN service as the president of California State outside Russia’s Department for the Inspec- (By Ann W. O’Neill) tion of Radiation Security, carrying signs University-Bakersfield. His retirement in July that read ‘‘No more Chernobyls.’’ Congress unanimously approved legislation 2004 concludes a remarkable career noted for Meanwhile, in the Ukrainian town of naming Miami’s newest courthouse after the his leadership in the development of CSU-Ba- Slavutych—built to house Chernobyl work- late U.S. District Judge Wilkie D. Ferguson kersfield as a major regional university. ers displaced by the accident—people held a Jr., making it the first federal court building Throughout his career, Dr. Arciniega has been solemn memorial meeting early Monday to in Florida to bear the name of an African- a tireless advocate for expanded access to American. honor the memory of their relatives, friends higher education for low-income and minority and colleagues. The bill, sponsored by U.S. Rep. Kendrick The accident occurred after officials put B. Meek, was approved Wednesday by a 406– students in California’s San Joaquin Valley. the reactor through a test in which power 0 vote. Dr. Arciniega was born and raised in El was reduced and some safety devices were ‘‘Now, that’s consensus,’’ Meek said of the Paso, Texas and earned a bachelor’s degree disabled. unanimous roll call vote. ‘‘People in South in teacher education from New Mexico State More than 2.32 million people have been Florida seeking justice can see an example of University and a master’s degree in edu- hospitalized in Ukraine as of early 2004 with a man who stood tall.’’ cational administration from the University of Meek, D-Miami, and other backers said illnesses blamed on the disaster, including New Mexico. His early career included military 452,000 children, according to Ukraine’s naming the building after Ferguson shows Health Ministry. Ukraine has registered how South Florida has evolved from a seg- service as an officer in the United States Army some 4,400 deaths. regated society where, a generation ago, and an appointment by the United States For- The most frequently noted Chernobyl-re- some courthouses housed blacks and whites eign Service as a human resources advisor in lated diseases include thyroid and blood can- in separate holding cells. the Dominican Republic during the late 1960’s.

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.021 E29PT1 E712 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2004 Dr. Arciniega’s teaching career began in El Scouts, Franklin Rotary Club, and Williamson more than 30 years of service to the citizens Paso, Texas and later he served as Dean of Medical Foundation. of Florida and the city of Homestead. Education at San Diego State University and Roy Barker was awarded a Purple Heart as f as Provost at California State University-Fres- a result of his military service in the Battle of no. His appointment as the third president of the Bulge. Upon returning to Williamson Coun- 10 NEW NATIONS OF EUROPE WILL CSU-Bakersfield in 1983 ushered in an era of ty after World War II, he entered the insurance ENTER THE EUROPEAN UNION steady expansion and achievement at the uni- and real estate business and gained respect versity. As a result of Dr. Arciniega’s leader- as a business and community leader. He HON. JO ANN DAVIS ship, the university’s multi-cultural enrollment served in the Tennessee Constitutional Con- OF VIRGINIA has more than doubled and its budget has vention and the Tennessee House of Rep- IN THE HOUSE OF REPRESENTATIVES more than tripled. resentatives. CSU-Bakersfield’s success has been due in These friends and neighbors are the reason Thursday, April 29, 2004 large part to Dr. Arciniega’s efforts to focus Franklin and Williamson County are such won- Mrs. JO ANN DAVIS of Virginia. Mr. Speak- public attention on the needs of low-income derful places to live and work. We honor them er, on Saturday, May 1, we will witness yet and minority students, who form the country’s for their dedication to our community. another historic event in the evolution of the fastest-growing school-age population. Many f European Union. On that day 10 new nations of Dr. Arciniega’s peers have credited him with of Europe will enter the European Union. This helping to make higher education a reality for TRIBUTE TO MR. NICOLAS R. enlargement will represent the largest expan- thousands of students for whom college would SINCORE sion ever undertaken by the EU. have been impossible a generation ago. He is It is clear that a strong and mature trans- a widely published expert on higher education HON. MARIO DIAZ-BALART atlantic relationship is critical to the long-term administration, bilingual education, and multi- OF FLORIDA political, economic and security interests of the cultural education. During his distinguished ca- United States. It is also clear that one of the IN THE HOUSE OF REPRESENTATIVES reer, Dr. Arciniega also served as a technical central ingredients to a successful transatlantic consultant to the Ministries of Education in Thursday, April 29, 2004 partnership is a stable, integrated and dy- Honduras, Bolivia, Panama, and Guatemala. Mr. MARIO DIAZ-BALART of Florida. Mr. namic Europe. Dr. Arciniega is a highly respected commu- Speaker, I would like to take this moment to I would like to extend my sincere congratu- nity leader in the Central Valley and continues honor a truly patriotic and courageous Amer- lations to the 10 newest members of the Euro- to inspire young people around the country to ican, who through his military and public serv- pean Union. I hope that the addition of these pursue higher education as a means to im- ice has come to exemplify true commitment to new members will help continue to strengthen prove their lives. one’s nation and community. our enduring friendship and critical partnership Mr. Speaker, I ask my colleagues to join me Born in Homestead, FL, Mr. Nicolas R. with the countries of Europe and the European in congratulating Dr. Tomas A. Arciniega for a Sincore graduated from Coral Shores High Union. As the U.S. chairperson of the Trans- highly successful career on the occasion of his School in Tavernier. A proud American, Mr. atlantic Legislators’ Dialogue, I look forward to retirement as president of CSU-Bakersfield. I Sincore served his country in various capac- meeting and working with the Parliamentarians wish him the best of luck and continued suc- ities, spending from 1948 to 1952 on active of these newest members who will soon take cess. duty, and serving in the 11th Airborne Divi- their seats in the European Parliament. f sion, the 31st Infantry, and the 7th Division in f Korea. After completing his tour of duty, Mr. THE LEGEND AWARD HONORING AMBASSADOR C.J. Sincore enrolled at John A. Gupton College in CHEN OF TAIWAN Nashville, TN, where he excelled and earned HON. MARSHA BLACKBURN a degree in Mortuary Science in 1959. OF TENNESSEE Following a strong desire to fulfill his civic HON. BENNIE G. THOMPSON IN THE HOUSE OF REPRESENTATIVES duty, Mr. Sincore was first elected to the city OF MISSISSIPPI of Homestead’s City Council in 1971 as vice Thursday, April 29, 2004 IN THE HOUSE OF REPRESENTATIVES mayor/councilman, and re-elected as vice- Thursday, April 29, 2004 Mrs. BLACKBURN. Mr. Speaker, this year mayor/councilman again in 1975. One year the Franklin and Williamson County Chamber later, Mr. Sincore was appointed Mayor and Mr. THOMPSON of Mississippi. Mr. Speak- of Commerce gave three of our friends and re-elected to that position until 1981. He was er, I rise today to join my colleagues in bidding neighbors the ‘‘Legend’’ award. elected again in 1983, and was re-elected as a fond farewell to Ambassador C.J. Chen of All three have worked to make our commu- councilman until November 2003. Mr. Taiwan. He will be returning to Taipei next nity a better place and they deserve thanks Sincore’s commitment and dedication to serv- month. During the last four years, he has been and recognition. ing the citizens of Homestead, is a testament the Representative of the Taipei Economic Louise Lynch has dedicated countless hours of his great devotion and affinity towards the and Cultural Representative Office in Wash- to saving the county’s archives and preserving community. ington, DC. a historical record of Williamson County. Be- In addition to holding elected office, Mr. A great advocate for his country, Ambas- cause of her many years of efforts, the Sincore has served the city of Homestead sador Chen has helped us understand difficult Williamson County Archives is recognized not through his leadership as the city’s represent- issues such as Taiwan’s peace referendum only as one of the best in the state but in the ative at both the Florida League of Cities and and the just concluded Taiwan presidential nation. Married to County Commissioner Clyde as a board member of the Florida Municipal elections. At the same time he has helped his Lynch for 50 years, Mrs. Lynch is a sixth gen- Electric Association. Furthermore, Mr. Sincore people better understand American values and eration Williamson Countian. She previously has served as past commander of the Amer- strengthened the relations between Taiwan earned the ‘‘Lady of the Year’’ award from ican Legion Post 43, director of the Home- and the United States. Beta Sigma Phi; the Williamson Historical So- stead/Florida City Chamber of Commerce and On Capitol Hill Ambassador Chen, known to ciety’s Distinguished Service Award, and the director of the Senior Citizens Club of Home- many as simply ‘‘C.J.,’’ is widely respected. Jane Langston Service Award for her preser- stead. Many of us admire his high intellect and indus- vation efforts. Mr. Nicholas Sincore’s dedication and com- try as we have been privileged to see the per- Ronald Ligon has never wanted any credit mitment to serving his community, his state, sonal depth within this very public man. In- for his work on behalf of Williamson County. and his country deserves the highest praise deed, we have been enriched in having had While he would rather ‘‘remain in the back- and admiration. For many generations to this opportunity to get to know him and his ground,’’ we could not fail to recognize him. In come, the people of Homestead will continue lovely wife, Yolanda Ho. 1959 he established Christus Gardens of Gat- to reap the benefits and rewards of Mr. As Ambassador Chen leaves Washington linburg and served as vice chairman of the Sincore’s unparalleled devotion to his commu- for Taipei, we can be sure that both our coun- board at Harpeth National Bank. His extensive nity. It is my distinct pleasure to honor Mr. tries shall benefit from his efforts for years to volunteer community service includes Boy Sincore before this body of Congress for his come.

VerDate jul 14 2003 05:38 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.024 E29PT1 April 29, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E713 PERMANENTLY EXTENDING IN- Today, the White House and Department of HONORING BILL AND MAGGIE CREASED STANDARD DEDUC- Labor issued the final regulations to end over- KAPLEN TION, AND 15-PERCENT INDI- time pay for as many as 10 million Americans. VIDUAL INCOME TAX RATE Millions of hard-working American police of- BRACKET EXPANSION, FOR MAR- ficers, fire fighters, first responders, nurses, HON. STEVEN R. ROTHMAN RIED TAXPAYERS FILING JOINT and veterans will see their paychecks cut. OF NEW JERSEY RETURNS The regulations are the result of a White IN THE HOUSE OF REPRESENTATIVES SPEECH OF House initiative to help employers lower the HON. C. A. DUTCH RUPPERSBERGER costs of doing business by cutting employee Thursday, April 29, 2004 pay and benefits. OF MARYLAND Mr. ROTHMAN. Mr. Speaker, today, I rise to IN THE HOUSE OF REPRESENTATIVES On Oct. 2nd of last year, I voted to block pay tribute to Wilson and Margaret Kaplen, Wednesday, April 28, 2004 these controversial changes. We succeeded known as Bill and Maggie to their family and by a vote of 221Ð203, but the Republican friends, for their dedication to community serv- Mr. RUPPERSBERGER. Mr. Speaker, I Congressional leaders quietly reversed that ice and philanthropy. The Kaplens are life-long support H.R. 4181. It will permanently get rid decision at the White House’s urging. of the marriage penalty. I voted for this tax cut New Jersey residents, currently living in as a matter of equity and fairness. I do not be- The Bush Administration, despite Congres- Tenafly. I have had the privilege of knowing lieve couples should be penalized for getting sional opposition, is still cutting the pay of the Kaplen family for many years. American workers. married. The standard deduction for a single In acknowledgment of Bill and Maggie’s person should simply be doubled when a cou- Over 2 million workers have lost their jobs many contributions and devotion to the com- ple gets married. This measure does this and under this Administration while millions more munity, the Englewood Hospital and Medical makes it permanent. Under current law, relief are working at McJobs with no benefits. You Center will recognize Bill and Maggie Kaplen from the marriage penalty ends in 2010. can’t feed a family on minimum wage and left- at the Medical Center’s annual black tie gala In our current economic climate, families over happymeals. on May 8, 2004 at the American Museum of across our country deserve tax relief from the Congressional Republicans and President Natural History in New York City. The Kaplens time they are newlyweds to the time they are Bush are letting millions lose their unemploy- parents with children to the time they are en- will be the first recipients of the Touchstone ment benefits. joying their golden years. This move is a good Award from the Medical Center, an award that first step to help all families. Congressional Republicans and President has now been established in their honor. But, I am disappointed that the Republican Bush think it’s a good idea to ship American In 1963, Bill established the Kaplen Founda- leadership brought this bill to the floor without jobs overseas. tion, and with the assistance of Maggie and a plan or a means to pay for it. This move will And now, Congressional Republicans and their children, the Kaplens have given their add to the deficit. I believe the U.S. House of President Bush show that they believe the time, hard work, and resources to endeavors Representatives has a responsibility to fund best way for America to compete with the third including healthcare initiatives, civic projects, this cut. We can no longer cut taxes and in- world is to pay Americans third world wages. education and youth programs, social serv- crease the deficit. We are borrowing against ices, the arts, and Jewish organizations. The our children and grandchildren’s future. We don’t know the exact number of people affected without more time to analyze the de- Kaplens have been given numerous awards I supported the Democratic Alternative that for their charitable endeavors, including the would have permanently eliminated the mar- tails. But here’s what we do know: in March of Torch of Liberty Award from the Anti-Defama- riage penalty while not adding to the deficit. 2003 the Administration planned to end over- tion League and the Chaver Award from the Here on Capitol Hill, we should provide tax re- time pay for 8 million people, but claimed it Jewish Community Center of the Palisades lief but at the same time we must exercise fis- only hurt 600,000 people. (JCC) in Tenafly. Bergen County residents cal restraint. Now they claim that only 107,000 people The Republican leadership intends to bring have honored the Kaplen family name at the will be hurt. Please forgive me if I don’t be- Kaplen Family Field of Dreams in Teaneck more tax cuts to the floor and I will consider lieve them. each on a case by case basis. We must find and the Michael F. Kaplen Red Cross Service the right tax cuts for the right time. Our chil- President Bush’s initiative to cut the pay of Center, named in loving memory of their son, dren and grandchildren deserve it. hard-working Americans that work overtime is Michael. unconscionable, and must be reversed. This f Mr. Speaker, I commend Bill and Maggie will hurt many of the people that deserve the Kaplen for their commitment to making our STATEMENT ON OVERTIME PAY pay the most—the police that patrol our community a better place for all people. The streets and nurses that care for our sick. Kaplens represent the best of the human spirit HON. JOE BACA I wonder, what’s next on the Bush agenda— and serve as a true source of inspiration to us OF CALIFORNIA canceling Christmas? all. I ask all of my colleagues to join me in IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to rally in defense of honoring Wilson and Margaret Kaplen for their Thursday, April 29, 2004 overtime pay so we may overturn President contributions to our community, and in wishing Mr. BACA. Mr. Speaker, I ask unanimous Bush’s misguided policy to export American them continued success and happiness in consent to revise and extend my remarks. jobs and import third world wages. their future endeavors.

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HIGHLIGHTS: Senate passed S. 150, Internet Tax Non-Discrimination Act. Senate S. 2092, to address the participation of Taiwan in Chamber Action the World Health Organization, with an amendment Routine Proceedings, pages S4625–S4726 in the nature of a substitute. Measures Introduced: Fifteen bills and three reso- S. 2107, to authorize an annual appropriations of lutions were introduced, as follows: S. 2360–2374, $10,000,000 for mental health courts through fiscal S.J. Res. 36, and S. Res. 346–347. Pages S4692–93 year 2009. S. 2192, to amend title 35, United States Code, Measures Reported: to promote cooperative research involving univer- S. 1486, to amend the Toxic Substances Control sities, the public sector, and private enterprises. Act and the Federal Insecticide, Fungicide, and S. 2237, to amend chapter 5 of title 17, United Rodenticide Act to implement the Stockholm Con- States Code, to authorize civil copyright enforcement vention on Persistent Organic Pollutants, the Pro- by the Attorney General. tocol on Persistent Organic Pollutants to the Con- S. 2264, to require a report on the conflict in vention on Long-Range Transboundary Air Pollu- Uganda. tion, and the Rotterdam Convention on the Prior In- S. 2292, to require a report on acts of anti-Semi- formed Consent Procedure for Certain Hazardous tism around the world, with amendments. Chemicals and Pesticides in International Trade, S.J. Res. 33, expressing support for freedom in with an amendment in the nature of a substitute. (S. Hong Kong, with an amendment in the nature of a Rept. No. 108–256) substitute and with an amended preamble. H.R. 1561, to amend title 35, United States S. Con. Res. 100, celebrating 10 years of majority Code, with respect to patent fees. rule in the Republic of South Africa and recognizing S. Res. 332, observing the tenth anniversary of the the momentous social and economic achievements of Rwandan Genocide of 1994. South Africa since the institution of democracy in S. Res. 334, designating May 2004 as National that country. Pages S4686–87 Electrical Safety Month. Measures Passed: S. Res. 344, welcoming the Prime Minister of Internet Tax Non-discrimination Act: By 93 Singapore on the occasion of his visit to the United yeas to 3 nays (Vote No. 77), Senate passed S. 150, States, expressing gratitude to the Government of to make permanent the moratorium on taxes on Singapore for its support in the reconstruction of Internet access and multiple and discriminatory taxes Iraq and its strong cooperation with the United on electronic commerce imposed by the Internet Tax States in the campaign against terrorism, and re- Freedom Act, after taking action on the following affirming the commitment of the Senate to the con- amendments proposed thereto: Pages S4635–70 tinued expansion of friendship and cooperation be- Adopted: tween the United States and Singapore. Lott Amendment No. 3082 (to Amendment No. S. 1932, to provide criminal penalties for unau- 3048), to extend the 1998 grandfather clause from thorized recording of motion pictures in a motion 3 years to 4 years. Pages S4657–58 picture exhibition facility, to provide criminal and McCain (for Lautenberg) Amendment No. 3104 civil penalties for unauthorized distribution of com- (to Amendment No. 3048), to require the Comp- mercial prerelease copyrighted works, with an troller General to study the impact of the Internet amendment in the nature of a substitute. Tax Freedom Act on State and local governments and on broadband deployment. Page S4658 D424

VerDate jul 14 2003 05:51 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP4.REC D29AP4 April 29, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D425 McCain Amendment No. 3105 (to Amendment discharged from further consideration of S. 2267, to No. 3048), to provide for an exception for voice or amend section 29(k) of the Small Business Act to es- similar services over the Internet. Pages S4661–62 tablish funding priorities for women’s business cen- McCain Amendment No. 3048, in the nature of ters, and the bill was then passed, after agreeing to a substitute. Page S4666 the following amendment proposed thereto: Rejected: Pages S4719–21 Feinstein Modified Amendment No. 3052 (to Frist (for Snowe) Amendment No. 3106, to make Amendment No. 3048), to extend the grandfather a technical correction. Page S4721 clauses for the term of the moratorium extension. Commending University of Minnesota Women’s (By 59 yeas to 37 nays (Vote No. 76), Senate tabled Ice Hockey: Senate agreed to S. Res. 346, com- the amendment.) Pages S4662–66 mending the University of Minnesota Golden Go- During consideration of this measure today, Senate phers for winning the 2003–2004 National Colle- also took the following action: giate Athletic Association Division I National Colle- By 40 yeas to 59 nays (Vote No. 73), three-fifths giate Women’s Ice Hockey Championship. of those Senators duly chosen and sworn, not having Page S4721 voted in the affirmative, Senate rejected the motion Commending Tom Lundregan: Senate agreed to to close further debate on Daschle Amendment No. S. Res. 347, to commend Senate Enrolling Clerk 3050 (listed below). Page S4641 Thomas J. Lundregan on Thirty-Six Years of Service By 55 yeas to 43 nays (Vote No. 74), three-fifths to the United States Government. Pages S4721–22 of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion Soap Box Derby: Senate agreed to H. Con. Res. to close further debate on Domenici Amendment 376, authorizing the use of the Capitol Grounds for No. 3051 (to Amendment No. 3050) (listed below). the Greater Washington Soap Box Derby. Page S4722 Page S4644 Jumpstart Our Business Strength (JOBS) Act— By 64 yeas to 34 nays (Vote No. 75), three-fifths Agreement: A unanimous-consent agreement was of those Senators duly chosen and sworn, having reached providing for further consideration of S. voted in the affirmative, Senate agreed to the motion 1637, to amend the Internal Revenue Code of 1986 to close further debate on McCain Amendment No. to comply with the World Trade Organization rul- 3048 (listed above). Page S4646 ings on the FSC/ETI benefit in a manner that pre- Chair sustained a point of order that Daschle serves jobs and production activities in the United Amendment No. 3050 (to the language of the bill States, to reform and simplify the international tax- proposed to be stricken by Amendment No. 3048), ation rules of the United States, at 2 p.m., on Mon- to eliminate methyl tertiary butyl ether from the day, May 3, 2004. Page S4723 United States fuel supply, to increase production and Nominations Confirmed: Senate confirmed the fol- use of renewable fuel, and to increase the Nation’s lowing nominations: energy independence, was not germane to the lan- 30 Air Force nominations in the rank of general. guage of the bill proposed to be stricken by McCain 61 Army nominations in the rank of general. Amendment No. 3048, and the amendment thus 2 Navy nominations in the rank of admiral. fell. Page S4646 Routine lists in the Air Force, Army, Foreign Domenici Amendment No. 3051 (to Amendment Service, Marine Corps, Navy. Pages S4725–26 No. 3050), to enhance energy conservation and research and development and to provide for security Nominations Received: Senate received the fol- and diversity in the energy supply for the American lowing nominations: people, fell when the point of order against Daschle Joyce A. Barr, of Washington, to be Ambassador Amendment No. 3050 was sustained. Page S4646 to the Republic of Namibia. William R. Brownfield, of Texas, to be Ambas- Surface Transportation Extension Act: Senate sador to the Bolivarian Republic of Venezuela. passed H.R. 4219, to provide an extension of high- June Carter Perry, of the District of Columbia, to way, highway safety, motor carrier safety, transit, be Ambassador to the Kingdom of Lesotho. and other programs funded out of the Highway Charles P. Ries, of the District of Columbia, to be Trust Fund pending enactment of a law reauthor- Ambassador to Greece. izing the Transportation Equity Act for the 21st R. Barrie Walkley, of California, to be Ambas- Century, clearing the measure for the President. sador to the Gabonese Republic, and to serve concur- Page S4717 rently and without additional compensation as Am- Women’s Sustainability Recovery Act: Com- bassador to the Democratic Republic of Sao Tome mittee on Small Business and Entrepreneurship was and Principe.

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Edward Brehm, of Minnesota, to be a Member of terrorist financing and financial crime, focusing on the Board of Directors of the African Development money laundering and counter-terrorist financing Foundation for a term expiring November 13, 2007. policies, sharing financial information with law en- 2 Marine Corps nominations in the rank of gen- forcement and foreign counterparts, implementing eral. economic sanctions, and enforcing relevant regula- 5 Navy nominations in the rank of admiral. tions and laws related to these missions, receiving Routine lists in the Air Force, Army, Coast testimony from Samuel W. Bodman, Deputy Sec- Guard, Marine Corps, Navy. Pages S4723–24 retary, William J. Fox, Director, Financial Crimes Messages From the House: Page S4685 Enforcement Network, R. Richard Newcomb, Direc- tor, Office of Foreign Assets Control, and Nancy J. Measures Referred: Page S4685 Jardini, Chief of Criminal Investigation, Internal Measures Read First Time: Page S4685 Revenue Service, all of the Department of the Treas- Executive Communications: Pages S4685–86 ury. Hearing recessed subject to the call of the Chair. Executive Reports of Committee: Pages S4687–92 Additional Cosponsors: Pages S4693–94 BUSINESS MEETING Statements on Introduced Bills/Resolutions: Committee on Banking, Housing, and Urban Affairs: Pages S4694–S4710 Committee ordered favorably reported the nominations of Romolo A. Bernardi, of New York, to be Additional Statements: Pages S4683–85 Deputy Secretary, Dennis C. Shea, of Virginia, to be Amendments Submitted: Pages S4710–16 Assistant Secretary for Policy Development and Re- Authority for Committees to Meet: Pages S4716–17 search, and Cathy M. MacFarlane, of Virginia, to be Record Votes: Five record votes were taken today. Assistant Secretary for Public Affairs, all of the De- partment of Housing and Urban Development. (Total—77) Pages S4641, S4644, S4646, S4666, S4669 Adjournment: Senate convened at 9:30 a.m., and NOAA: BUDGET adjourned at 8:24 p.m., until 1 p.m., on Monday, Committee on Commerce, Science, and Transportation: Sub- May 3, 2004. (For Senate’s program, see the remarks committee on Oceans, Fisheries, and Coast Guard of the Majority Leader in today’s Record on page concluded an oversight hearing to examine the Presi- S4723.) dent’s proposed budget request for fiscal year 2005 for the National Oceanic and Atmospheric Adminis- Committee Meetings tration (NOAA), after receiving testimony from Vice Admiral Conrad C. Lautenbacher, Jr., U.S. Navy (Committees not listed did not meet) (Ret.), Under Secretary of Commerce for Oceans and INTELLECTUAL PROPERTY RIGHTS Atmosphere, and Administrator, NOAA. Committee on Appropriations: Subcommittee on Com- BUSINESS MEETING merce, Justice, State, and the Judiciary held a hear- Committee on Foreign Relations: Committee ordered fa- ing to examine intellectual property rights, focusing vorably reported the following business items: on the problems of counterfeiting and piracy, receiv- S. Con. Res. 100, celebrating 10 years of majority ing testimony from Jack Valenti, Motion Picture As- rule in the Republic of South Africa and recognizing sociation of America, Inc., Douglas Lowenstein, En- the momentous social and economic achievements of tertainment Software Association, Robert W. South Africa since the institution of democracy in Holleyman, II, Business Software Alliance, and that country; Mitch Bainwol, Recording Industry Association of S. 2264, to require a report on the conflict in America, all of Washington, D.C. Uganda; Hearings recessed subject to the call of the Chair. S. Res. 332, observing the tenth anniversary of the BUSINESS MEETING Rwandan Genocide of 1994; Committee on Armed Services: Committee ordered favor- S. Res. 344, welcoming the Prime Minister of ably reported 3,379 nominations in the Army, Navy, Singapore, His Excellency Goh Chok Tong, on the Air Force, and Marine Corps. occasion of his visit to the United States, expressing gratitude to the Government of Singapore for its TERRORIST FINANCING strong cooperation with the United States in the Committee on Banking, Housing, and Urban Affairs: campaign against terrorism, its support in the recon- Committee held a hearing to examine the Treasury struction of Iraq and reaffirming the commitment of Department’s role in the international war against Congress to the continued expansion of friendship

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Res. 99, condemning the Government of for the rank of Ambassador during her tenure of the Republic of the Sudan for its participation and service as United States Senior Official to the Asia- complicity in the attacks against innocent civilians Pacific Economic Cooperation Forum, Constance in the impoverished Darfur region of western Sudan, Berry Newman, Assistant Secretary of State (African with an amendment in the nature of a substitute; Affairs), to be a Member of the Board of Directors S. 2292, to require a report on acts of anti-Semi- of the African Development Foundation, Roger Fran- tism around the world, with amendments; cisco Noriega, of Kansas, to be a Member of the Additional Protocol to Investment Treaty with Board of Directors of the Inter-American Founda- Romania (Treaty Doc. 108–13); tion, John M. Ordway, of California, a Career Mem- Additional Protocol Amending Investment Treaty ber of the Senior Foreign Service, Class of Minister- with Bulgaria (Treaty Doc. 108–15); Counselor, to be Ambassador to the Republic of Investment Protocol with Estonia (Treaty Doc. Kazakhstan, Michael Christian Polt, of Tennessee, a 108–17); Career Member of the Senior Foreign Service, Class Additional Investment Protocol with the Czech of Minister-Counselor, to be Ambassador to Serbia Republic (Treaty Doc. 108–18); and Montenegro, Mitchell B. Reiss, of Virginia, for Additional Investment Protocol with the Slovak the rank of Ambassador during his tenure of service Republic (Treaty Doc. 108–19); as Special Envoy for Northern Ireland, Thomas Additional Investment Protocol with Latvia (Trea- Bolling Robertson, of Virginia, a Career Member of ty Doc. 108–20); the Senior Foreign Service, Class of Counselor, to be Additional Investment Protocol with Lithuania Ambassador to the Republic of Slovenia, Fayza (Treaty Doc. 108–21); Veronique Boulad Rodman, of the District of Co- Additional Protocol Concerning Business and Eco- lumbia, to be a Member of the Broadcasting Board nomic Relations with Poland (Treaty Doc. 108–22); of Governors, Marc McGowan Wall, of Virginia, a and Career Member of the Senior Foreign Service, Class The nominations of Paul V. Applegarth, of Con- of Minister-Counselor, to be Ambassador to the Re- necticut, to be Chief Executive Officer, Millennium public of Chad, James Francis Moriarty, of Virginia, Challenge Corporation, Victor Henderson Ashe, of a Career Member of the Senior Foreign Service, Class Tennessee, to be Ambassador to the Republic of Po- of Minister-Counselor, to be Ambassador to the land, Miles T. Bivins, of Texas, to be Ambassador Kingdom of Nepal, Thomas Charles Krajeski, of to Sweden, John Campbell, of Virginia, a Career Virginia, a Career Member of the Senior Foreign Member of the Senior Foreign Service, Class of Min- Service, Class of Counselor, to be Ambassador to the ister-Counselor, to be Ambassador to the Federal Re- Republic of Yemen, Michele J. Sison, of Maryland, public of Nigeria, Jack Dyer Crouch II, of Missouri, a Career Member of the Senior Foreign Service, Class to be Ambassador to Romania, John J. Danilovich, of Minister-Counselor, to be Ambassador to the of California, to be Ambassador to the Federative United Arab Emirates, Richard LeBaron, of Virginia, Republic of Brazil, Scott H. DeLisi, of Minnesota, a a Career Member of the Senior Foreign Service, Class Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador to the State of Counselor, to be Ambassador to the State of Eri- of Kuwait, Jeffrey D. Feltman, of Ohio, a Career trea, Jendayi Elizabeth Frazer, of Virginia, to be Member of the Senior Foreign Service, Class of Ambassador to the Republic of South Africa, Patricia Counselor, to be Ambassador to the Republic of Leb- M. Haslach, of Oregon, a Career Member of the Sen- anon, David Michael Satterfield, of Virginia, a Career ior Foreign Service, Class of Counselor, to be Ambas- Member of the Senior Foreign Service, Class of Min- sador to the Lao People’s Democratic Republic, ister-Counselor, to be Ambassador to the Hashemite Christopher R. Hill, of Rhode Island, a Career Mem- Kingdom of Jordan, John D. Negroponte, of New ber of the Senior Foreign Service, Class of Minister- York, to be Ambassador to Iraq, and Constance Counselor, to be Ambassador to the Republic of Berry Newman, of Illinois, to be an Assistant Sec- Korea, Craig A. Kelly, of California, a Career Mem- retary of State for African Affairs, Aubrey Hooks, of ber of the Senior Foreign Service, Class of Minister Virginia, a Career Member of the Senior Foreign

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Service, Class of Minister-Counselor, to be Ambas- don Jackson, Central Council Tlingit Haida Indian sador to the Republic of Cote d’Ivoire, Thomas Neil Tribes of Alaska, Juneau; and Ervin Carlson, Inter Hull III, of New Hampshire, a Career Member of Tribal Bison Cooperative, Rapid City, South Dakota. the Senior Foreign Service, Class of Minister-Coun- selor, to be Ambassador to the Republic of Sierra BUSINESS MEETING Leone, and Roger A. Meece, of Washington, a Career Committee on the Judiciary: Committee ordered favor- Member of the Senior Foreign Service, Class of Min- ably reported the following business items: ister-Counselor, to be Ambassador to the Democratic S. 2107, to authorize an annual appropriations of Republic of the Congo, and certain Foreign Service $10,000,000 for mental health courts through fiscal Officer Promotion lists. year 2009, NOMINATIONS S. 2192, to amend title 35, United States Code, to promote cooperative research involving univer- Committee on Governmental Affairs: Committee con- sities, the public sector, and private enterprises; cluded a hearing to examine the nomination of S. 2237, to amend chapter 5 of title 17, United Dawn A. Tisdale, of Texas, to be a Commissioner of States Code, to authorize civil copyright enforcement the Postal Rate Commission, who was introduced by by the Attorney General; Representative Eddie Bernice Johnson, after the S. 1932, to provide criminal penalties for unau- nominee testified and answered questions in her own thorized recording of motion pictures in a motion behalf. picture exhibition facility, to provide criminal and NOMINATIONS civil penalties for unauthorized distribution of com- Committee on Governmental Affairs: Committee con- mercial prerelease copyrighted works, with an cluded a hearing to examine the nomination of amendment in the nature of a substitute; David Safavian, of Michigan, to be Administrator for H.R. 1561, to amend title 35, United States Federal Procurement Policy, Office of Management Code, with respect to patent fees; and Budget, who was introduced by Representatives S. Res. 334, designating May 2004 as National Conyers and Cannon, after the nominee testified and Electrical Safety Month; and answered questions in his own behalf. The nominations of William Duane Benton, of Missouri, to be United States Circuit Judge for the NATIVE AMERICAN FISH AND WILDLIFE Eighth Circuit, Robert Bryan Harwell, to be United Committee on Indian Affairs: Committee concluded a States District Judge for the District of South Caro- hearing to examine S. 2301, to improve the manage- lina, George P. Schiavelli, to be United States Dis- ment of Indian fish and wildlife and gathering re- trict Judge for the Central District of California, and sources, after receiving testimony from Billy Frank, Curtis V. Gomez, to be Judge for the District Court Jr., Northwest Indian Fisheries Commission, Olym- of the Virgin Islands. pia, Washington; Olney Patt, Jr., Columbia River Inter-Tribal Fish Commission, Portland, Oregon; BUSINESS MEETING Millard J. (Sonny) Myers, 1854 Authority, Duluth, Select Committee on Intelligence: Committee met in Minnesota; James E. Zorn, Great Lakes Indian Fish closed session to mark up proposed legislation au- and Wildlife Commission, Odanah, Wisconsin; Ira thorizing funds for fiscal year 2005 for the intel- New Breast, Native American Fish and Wildlife So- ligence community, but did not complete consider- ciety, Broomfield, Colorado; Randy Mayo, Stevens ation thereon, and will meet again on Tuesday, May Village IRA Council, Stevens Village, Alaska; Gor- 4, 2004. h House of Representatives Chamber Action Reports Filed: There were no reports filed today. Chaplain: The prayer was offered today by Rev. Dr. Measures Introduced: 4 public bills, H.R. Nathan D. Baxter, Rector, St. James Episcopal 4247–4250; and; 4 resolutions, H.J. Res. 93–95; Church in Lancaster, Pennsylvania. Page H2485 and H. Res. 612, were introduced. Page H2488 Additional Cosponsors: Page H2488

VerDate jul 14 2003 05:51 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP4.REC D29AP4 April 29, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D429 Speaker Pro Tempore: Read a letter from the DEFINED BENEFIT PENSION SYSTEM— Speaker wherein he appointed Representative Thorn- REFORM AND STRENGTHEN berry to act as Speaker Pro Tempore to sign enrolled Committee on Education and the Workforce: Sub- bills and joint resolutions through May 4, 2004. committee on Employer-Employee Relations held a Pages H2485–86 hearing entitled ‘‘Examining Long-Term Solutions to Quorum Calls—Votes: There were no votes or Reform and Strengthen the Defined Benefit Pension quorum calls. System.’’ Testimony was heard from public wit- Adjournment: The House met at 10 a.m. and ad- nesses. journed at 10:10 a.m. SPYWARE Committee on Energy and Commerce: Subcommittee on Committee Meetings Commerce, Trade and Consumer Protection held a hearing entitled ‘‘Spyware: What You Don’t Know FOREIGN OPERATIONS, EXPORT Can Hurt You.’’ Testimony was heard from the fol- FINANCING AND RELATED PROGRAMS lowing officials of the FTC: Mozelle W. Thompson, APPROPRIATIONS Commissioner; and J. Howard Beales III, Director, Committee on Appropriations: Subcommittee on Foreign Bureau of Consumer Protection; and public wit- Operations, Export Financing and Related Programs nesses. held a hearing on Security Assistance Budget Re- quest. Testimony was heard from Richard L. ULTRADEEP WATER RESEARCH AND Armitage, Deputy Secretary, Department of State; DEVELOPMENT and Paul D. Wolfowitz, Deputy Secretary, Depart- Committee on Energy and Commerce: Subcommittee on ment of Defense. Energy and Air Quality held a hearing entitled ‘‘Ultradeep Water Research and Development: What LABOR, HHS, EDUCATION AND RELATED Are the Benefits?’’ Testimony was heard from Rep- AGENCIES APPROPRIATIONS resentatives DeLay and Sandlin; Howard Committee on Appropriations: Subcommittee on Labor, Gruenspecht, Deputy Administrator, Energy Infor- Health and Human Services, Education and Related mation Administration, Department of Energy; and Agencies held a hearing on Substance Abuse and public witnesses. Mental Health Research and Services. Testimony was heard from Charles G. Curiem, Administrator, Sub- TRANSFORMING THE NATIONAL GUARD: stance Abuse and Mental Health Services Adminis- RESOURCING FOR READINESS tration, NIH, Department of Health and Human Committee on Government Reform: Held a hearing enti- Services. tled ‘‘Transforming the National Guard: Resourcing for Readiness.’’ Testimony was heard from the fol- TRANSPORTATION, TREASURY, AND lowing officials of the Department of Defense: Paul INDEPENDENT AGENCIES McHale, Assistant Secretary, Homeland Security; APPROPRIATIONS Thomas F. Hall, Assistant Secretary, Reserve Affairs; Committee on Appropriations: Subcommittee on Trans- LTG H. Steven Blum, USA, Chief, National Guard portation, Treasury, and Independent Agencies held Bureau; and MG John A. Love, USAF, Special As- a hearing on the Federal Highway Administration sistant to Combatant Commander for National (Environmental Streamlining). Testimony was heard Guard Affairs, U.S. Northern Command; Janet A. from Mary Peters, Administrator, Federal Highway St. Laurent, Director, Defense Capabilities and Man- Administration, Department of Transportation. agement, GAO; and the following Adjutant Gen- erals: Wayne Marty, USA, State of Texas; MG Tim- AFGHANISTAN: SECURITY AND othy J. Lowenberg, USAF, State of Washington; and RECONSTRUCTION MG Bruce Tuxill, USAF, State of Maryland. Committee on Armed Services: Held a hearing on Af- ghanistan: Security and Reconstruction. Testimony DIVERSITY VISA PROGRAM was heard from the following officials of the Depart- Committee on the Judiciary: Subcommittee on Immi- ment of Defense: Peter Rodman, Assistant Secretary, gration, Border Security and Claims held an over- International Security Affairs; and LTG Walter sight hearing entitled ‘‘The Diversity Visa Program, Sharp, USA, Director, Strategic Plans and Policy, and Its Susceptibility to Fraud and Abuse.’’ Testi- The Joint Chiefs of Staff; and Ambassador William mony was heard from Anne W. Patterson, Deputy Taylor, Coordinator for Afghanistan, Department of Inspector General, Department of State; and public State. witnesses.

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Department of State; William T. Hogarth, Assistant 4056, Commercial Aviation MANPADS Defense Act Administrator, Fisheries, National Marine Fisheries of 2004. Service, NOAA, Department of Commerce; Kenneth Prior to this action, the Subcommittee held an B. Stansell, Assistant Director, International Affairs, oversight hearing on The Cape Town Treaty. Testi- U.S. Fish and Wildlife Service, Department of the mony was heard from Karan K. Bhatia, Assistant Interior; and a public witness. Secretary, Aviation and International Affairs, Depart- MISCELLANEOUS MEASURES ment of Transportation. Committee on Resources: Subcommittee on National VETERANS LEGISLATION Parks, Recreation and Public Lands held a hearing Committee on Veterans’ Affairs: Subcommittee on Bene- on the following bills: H.R. 3638, Redwood Na- fits held a hearing on the following measures: H.R. tional Park Boundary Adjustment Act of 2003; H.R. 348, Prisoners of War Benefits Act of 2003; H.R. 3932, To amend Public Law 99–338 to authorize 843, Injured Veterans Benefits Eligibility Act of the continued use of certain lands within the Sequoia 2003; H.R. 1735, To amend title 38, United States National Park by portions of an existing hydro- Code, to increase the maximum amount of a home electric project; and S. 144, Noxious Weed Control loan guarantee available to a veteran; H.R. 2206, Act of 2003. Testimony was heard from Senator Prisoner of War/Missing in Action National Memo- Craig; the following officials of the Department of rial Act; H.R. 2612, Veterans Adapted Housing Ex- the Interior: Don Murphy, Deputy Director, Na- pansion Act of 2003; H.R. 4065, Veterans Housing tional Park Service; and Scott Cameron, Deputy As- Affordability Act of 2004; H.R. 3936, To amend sistant Secretary, Performance and Management; title 38, United States Code, to authorize the prin- Brenda Waters, Noxious Weed Coordinator, Depart- cipal office of the United States Court of Appeals for ment of Agriculture, State of Idaho; and public wit- Veterans Claims to be at any location in the Wash- nesses. ington, D.C., metropolitan area, rather than only in the District of Columbia, and expressing the sense of CONTINUITY OF CONGRESS— Congress that a dedicated Veterans Courthouse and INCAPACITATION OF MEMBERS AND THE Justice Center should be provided for that Court and QUORUM REQUIREMENT those it serves and should be located, if feasible, at Committee on Rules: Held a hearing to address mass a site owned by the United States that is part of or incapacitation of Members and the quorum require- proximate to the Pentagon Reservation; H.R. 4172, ment in the context of the Continuity of Congress. to amend title 38, United States Code, to codify cer- Testimony was heard from the following officials of tain additional diseases as establishing a presumption the Office of the Parliamentarian: Charles W. John- of service-connection when occurring in veterans ex- son, III, Parliamentarian; John Sullivan and Tom posed to ionizing radiation during active military, Duncan, both Deputy Parliamentarians; RADM John naval, or air service; H.R. 4173, To direct the Sec- Eisold, M.D., USN, Attending Physician to Con- retary of Veterans Affairs to contract for a report on gress and Rear Admiral, Medical Corps, U.S. Navy; employment placement, retention, and advancement and Walter Dellinger, former Acting Solicitor Gen- of recently separated servicemembers; and a measure eral of the United States. to create an open period for certain active duty servicemembers to elect to participate in the pro- FEDERAL MINIMUM WAGE INCREASE— gram of basic educational assistance under the Mont- WOULD IT HELP OR HINDER SMALL gomery GI Bill. Testimony was heard from Rep- BUSINESS resentatives Calvert, Michaud, Ginny Brown-Waite Committee on Small Business: Subcommittee on Work- of Florida, Davis of California and Reyes; Kenneth force, Empowerment and Government Programs held B. Kramer, Chief Judge, U.S. Court of Appeals for a hearing on Would an Increase in the Federal Min- Veterans Claims; Robert Epley, Associate Deputy

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Under Secretary, Policy and Program Management, ca and H.R. 4103, AGOA Acceleration Act of 2004. Veterans Benefits Administration, Department of Testimony was heard from Representative Royce; Veterans Affairs; William Carr, Acting Deputy and public witnesses. Under Secretary, Military Personnel Policy, Depart- f ment of Defense; and representatives of veterans organizations. COMMITTEE MEETINGS FOR FRIDAY, SSI PROGRAM APRIL 30, 2004 Committee on Ways and Means: Subcommittee on (Committee meetings are open unless otherwise indicated) Human Resources held a hearing on the Supple- mental Security Income Program. Testimony was Senate heard from Jo Anne B. Barnhart, Commissioner, No meetings/hearings scheduled. SSA. TRADE WITH SUB-SAHARAN AFRICA; House AFOA ACCELERATION ACT No Committee meetings are scheduled. Committee on Ways and Means: Subcommittee on Trade held a hearing on trade with sub-Saharan Afri-

VerDate jul 14 2003 05:51 Apr 30, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP4.REC D29AP4 D432 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, May 3 10 a.m., Friday, April 30

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: The House will meet at 10 a.m. morning business (not to extend beyond 2 p.m.), Senate in pro forma session. will resume consideration of S. 1637, Jumpstart Our Business Strength (JOBS) Act.

Extensions of Remarks, as inserted in this issue

HOUSE Dooley, Calvin M., Calif., E711 Rothman, Steven R., N.J., E713 Eshoo, Anna G., Calif., E706, E708 Ruppersberger, C.A. Dutch, Md., E713 Acevedo-Vila´ , Anı´bal, Puerto Rico, E709 Hastert, J. Dennis, Ill., E705 Sensenbrenner, F. James, Jr., Wisc., E705 Baca, Joe, Calif., E713 Kaptur, Marcy, Ohio, E710 Smith, Christopher H., N.J., E706, E707 Blackburn, Marsha, Tenn., E712 Kildee, Dale E., Mich., E706, E707 Thompson, Bennie G., Miss., E712 Davis, Jo Ann, Va., E712 Manzullo, Donald A., Ill., E705 Visclosky, Peter J., Ind., E705 Diaz-Balart, Mario, Fla., E712 Meek, Kendrick B., Fla., E711 Dicks, Norman D., Wash., E710 Pelosi, Nancy, Calif., E705

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