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, NOVEMBER 18, 2004 No. 133 Senate The Senate met at 10 a.m. and was refuses to leave any task half done. APPOINTMENT OF ACTING called to order by the Honorable LISA Empower them with a diligence that PRESIDENT PRO TEMPORE MURKOWSKI, a Senator from the State will never offer You less than their of Alaska. best. The PRESIDING OFFICER. The Lord, strengthen our military for the clerk will please read a communication PRAYER battles of today and tomorrow. Stand to the Senate from the President pro The Chaplain, Dr. Barry C. Black, of- at the right hand of freedom’s warriors tempore (Mr. STEVENS). fered the following prayer: and lift up their heads. We pray this in The assistant legislative clerk read Let us pray. Your mighty Name. Amen. the following letter: Sovereign Lord, You are our God and strong deliverer, a refuge for all who U.S. SENATE, f PRESIDENT PRO TEMPORE, call on Your name. Send to us the Washington, DC, November 18, 2004 power and grace we need today to glo- To the Senate: rify Your name. Give us the purity of PLEDGE OF ALLEGIANCE Under the provisions of rule I, paragraph 3, heart that will shut the door to all The Honorable LISA MURKOWSKI led of the Standing Rules of the Senate, I hereby evil. the Pledge of Allegiance, as follows: appoint the Honorable LISA MURKOWSKI, a Today, bless the Members of this I pledge allegiance to the Flag of the Senator from the State of Alaska, to perform body. Keep their feet in the path of in- United States of America, and to the Repub- the duties of the Chair. tegrity that they may walk securely. lic for which it stands, one nation under God, TED STEVENS, Develop in them a perseverance which indivisible, with liberty and justice for all. President pro tempore.

NOTICE If the 108th Congress, 2d Session, adjourns sine die on or before November 20, 2004, a final issue of the Congres- sional Record for the 108th Congress, 2d Session, will be published on Monday, December 13, 2004, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 10. The final issue will be dated Monday, December 13, 2004, and will be delivered on Tuesday, December 14, 2004. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A18NO6.000 S18PT1 S11442 CONGRESSIONAL RECORD — SENATE November 18, 2004 Ms. MURKOWSKI thereupon assumed will need to cooperate with our col- I yield the floor. what the Chair as Acting President pro tem- leagues across the aisle to produce re- f pore. sults, which is what we were sent here, RESERVATION OF LEADER TIME f of course, to do. Soon Republicans will fill 55 seats in The ACTING PRESIDENT pro tem- RECOGNITION OF THE ACTING this Chamber. That is a nice number pore. Under the previous order, the MAJORITY LEADER but it is not 60. And it often takes 60, leadership time is reserved. as we all know. Frequently—actually The ACTING PRESIDENT pro tem- f pore. The Senator from Kentucky is most of the time—it takes 60 to get re- recognized. sults in the Senate. MORNING BUSINESS So to our Democratic friends on the The ACTING PRESIDENT pro tem- f other side, let me say we want to work pore. Under the previous order, there with you. The voters expect us to work SCHEDULE will be a period for the transaction of in a bipartisan manner to make our Mr. MCCONNELL. Madam President, morning business with Senators per- country more secure, our economic op- today we will begin a period of morning mitted to speak for up to 10 minutes portunities more plentiful, and our business which will extend well into each. common values more respected. To do the afternoon. A number of Senators The Senator from New Jersey. that, we need your support, and we will have indicated they will come to the work to earn it. f floor and pay tribute to our colleagues Last week, Senator LIEBERMAN, a who will not be running for the 109th BIPARTISANSHIP good friend of mine and a good friend of Congress. We certainly want to accom- many of us in the Senate, came to my Mr. CORZINE. Madam President, modate those requests and have set hometown of Louisville, KY, where he first, let me say that it is this Sen- aside time accordingly. spoke at the University of Louisville, ator’s personal desire, following the At the close of our business this my alma mater, where he gave an out- comments the Senator from Kentucky week, we will print those tributes to standing speech. In it he said: has so ably given, that we came here to honor our departed colleagues. If Sen- try to make things better for the world ators are not available to come to the It is critically important that we put first things first, and national interests ahead of in the years beyond and for our chil- floor to deliver their remarks, they are our party interests. dren. So much of what he talk about— invited to submit those statements for I commend the Senator from Con- whether it is Social Security or the the RECORD. Again, they will be printed necticut for his exemplary spirit of Tax Code or our needs and in foreign as part of this larger document to goodwill. I think that is a good guide- policy—does require that we work to- which I just referred. post for all of us as we begin the 109th gether. As a reminder, the majority leader Congress in January. I commend the Senator for his com- has filed a cloture motion on the mis- I say to my Democratic friends that ments. We do have to work together as cellaneous tariffs bill. That cloture we are all willing to work with them in we go forward. vote will occur tomorrow morning. We that same spirit which JOE LIEBERMAN In fact, one of the things I want to expect cloture to be invoked; therefore, outlined. Together, we are going to ac- talk about, and why I came to the Sen- we hope to finish that conference re- complish great things of which this ate, one of the areas is where biparti- port at an early time on Friday. body can truly be proud. sanship and joint effort has been funda- In addition, as everyone is aware, we We will have hard tasks ahead of us. mental to raising an issue, framing it, continue to await completion of the The Social Security system is a speed- and getting it in front of the American Omnibus appropriations bill. It is still ing train heading for a brick wall and people. I come to the Senate today to our hope and desire to finish our work really must be set right for future gen- talk about the genocide in Darfur, on Friday, if at all possible. erations. The tax system is burden- Sudan, and what we, the United States f some and unfair and must be re- of America, are going to be doing about invented to fit our 21st century econ- it. BIPARTISANSHIP omy. We have to finish the job in Iraq Today, the U.N. Security Council is Mr. MCCONNELL. Madam President, so we can bring our troops home safely meeting in Nairobi, Kenya, to discuss after this month’s historic election, a and with honor. Sudan and to seek the end of the civil lot of political pundits are ardently We have tackled tough challenges be- war between the north and the south. trying to figure out what the results fore. Working together—Republicans This is a good thing and I congratulate may have meant. I have been in poli- and Democrats—successfully reformed Ambassador Danforth, in particular, tics for a period of time, so I would like the welfare system and put millions of for his personal efforts in making this to share my point of view on the mat- Americans on the path to self-reliance possibility real and tangible. ter. and financial stability. Working to- Multilateral diplomacy is critical. Obviously, people on our side of the gether—Republicans and Democrats— Peace between north and south is an aisle are pleased that the electorate projected American power into the important component of an overall po- has returned President Bush for a sec- former Yugoslavia to halt the killing litical solution for the Sudan. At the ond term, and obviously we are equally of innocents and provide humanitarian end of the day, if we do not stop the pleased that the larger Republican ma- aid. Working together—Republicans killing in Darfur—which is independent jority in both Houses of Congress will and Democrats—we moved the brutal in many ways from the north-south be available to work with the President Taliban regime from Afghanistan and issue—if we do not stop the genocide, next year. The last time a reelected struck a fatal blow against al-Qaida. then we fail. President returned to office with larger Now we have a chance to make his- Members will hear me say repeatedly majorities of his party in both the tory again. Republicans are not likely words are important; deeds are a re- House and the Senate was back in 1936 to accomplish much alone. The same is ality. Lives are at stake. What greater when President Roosevelt was running true for our Democrat colleagues. This moral imperative can we have than to for reelection the first time. If the Senate should heed America’s call for stop genocide? What greater moral fail- American people suddenly speak louder action. The voters of our States didn’t ure can there be than allowing geno- than they have in 70 years, I think it is send us here to simply mark time. cide to occur? The death toll is mount- clear that they would like to see some They sent us here to build a better ing in Darfur with all kinds of esti- action. America for our sons and daughters, mates—70,000, over 100,000, 125,000. The voters didn’t send any of us Re- and future generations yet to come. The issue is stark: life or death. publicans or Democrats up here just to As we move forward, this new Con- Deeds, not words, are what matters. sit in these chairs. They sent us here to gress must be prepared to get to work, History will judge us based on whether get things accomplished. Republicans and to get to work on a bipartisan we actually stop this genocide—not can’t and shouldn’t do that alone. We basis. whether we gave great speeches or

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.002 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11443 passed great resolutions or made state- instability and an indefinite humani- Darfur, but we do not give them the ments, but what have we done to stop tarian crisis. tools they need to be able to do what it. As Jan Pronk, the U.N. Special Rep- they are there for and we are setting The words have all been said. In July, resentative for Sudan, warned on No- them up for failure. We risk under- this body unanimously passed a bipar- vember 4: mining the very credibility of a bur- tisan resolution introduced by Senator Darfur may easily enter a state of anarchy; geoning ability to deal with some of BROWNBACK and myself, declaring that a total collapse of law and order. these crises that happen all across Af- the atrocities in Darfur were genocide. Permitting such a thing to happen is rica, and not just in Darfur. It is pre- On the same day, the House passed a not only immoral, it is antithetical to cisely now when we need to give them similar resolution. In September, Sec- our national security interests. Re- the resources to be able to succeed. retary Powell made the same declara- member, Sudan is the country that We should not kid ourselves about tion for the administration. We all wel- once harbored Osama bin Laden. The the effectiveness of the AU force. They comed the announcement. prospects of becoming a terrorist are responsible for monitoring the Since then, the situation has only de- breeding ground are real. This is some- April cease-fire. There was an agree- teriorated. The death toll may have al- thing that needs to be addressed now. ment reached November 9 that includes ready gone over, as I suggested, 100,000 This has not happened since the ad- a no-fly zone that the AU force must human beings. Armed militias continue ministration declared genocide was enforce. To quote the current AU chair, to rape women and girls with impu- taking place. Whatever the message Nigerian President Obsanjo, these nity. Civilians are being driven from that declaration sent, it was clearly agreements ‘‘won’t be worth the paper their homes by the hundreds of thou- not enough and may even have sent the they’re written on if they are not scru- sands. Now the refugees are being driv- wrong message that the United States pulously implemented on the ground.’’ en from one camp to another camp, or may declare that genocide is existing His words are right. Words without even out of the camps altogether. The and then not act to stop it. deeds, without resources, is meaning- displaced population in Darfur is over Words without deeds violates the less. 1.5 million. That is what is confirmed. moral and legal obligation we have The potential for the situation to In the last few weeks, Janjaweeds under the genocide convention but, overwhelm the AU force is real. The re- have attacked these IDP camps, the more importantly, violates our sense of gion is enormous and every day as the refugee camps, destroying shelters, right and wrong and the standards we violence gets worse, the challenge beating civilians, and forcibly moving have as human beings about looking to grows. The answer is not to dismiss the AU force but to do whatever it takes to people from one location to another. care for one another. Words without The escalating violence preventing deeds is an affront to the principle that make it effective. If 3,000 troops is not enough, we should consider others and humanitarian organizations from guides our Nation and makes a mock- more. If $220 million is not enough, we reaching needy people is also occur- ery of the values we as public servants should, along with our allies, push to ring. Already, nearly one-quarter of claim to love. The American people have additional resources. Hundreds of the children under the age of five in know this, which is why people of thousands of lives are at stake. If the Darfur are certifiably malnourished faith, of all religions and denomina- AU cannot set up command-and-con- and close to half of the families do not tions and civic groups throughout the trol communications or intelligence have enough food. country, call for concerted, resolute, right away, we should help them do it. Recently, food convoys have been at- effective action. In the end, the only test is whether tacked and large areas of Darfur are Details matter. What will it actually we stop the killing. The same test ap- now effectively closed to the humani- take to stop this genocide? In Sep- plies to sanctions. This week’s efforts tarian organizations that are distrib- tember, this body passed by voice vote to reach a north-south agreement are uting food, medicine, and other ele- an amendment offered by myself and important, but we must not weaken in ments. Hundreds of thousands of needy Senator DEWINE to provide $75 million any way the pressure on Khartoum refugees cannot be reached. for an expanded African Union force in with regard to Darfur. Only consistent, Before this wave of violence—even Darfur. The funding is now being nego- strong, credible international pressure before it—World Food Program re- tiated with the House of Representa- has ever changed Khartoum’s behavior. ported that it served 175,000 fewer peo- tives in the so-called Omnibus bill but I heard one senior administration offi- ple in October than September. Get has had little if any support from the cial say that when their lips are mov- that: Statistics for our program serv- administration and some in the Senate. ing, they are lying. This means we need ing the needy are going down, 175,000 Senator DEWINE and myself offered to apply pressure. This means an em- fewer people in October than in Sep- the amendment after the U.N. Security bargo, seizing assets, restricting travel tember. Council passed a resolution calling for of government officials and, yes, going When I visited Darfur in August, the assistance to the AU and after Sec- after Sudanese oil and gas companies conditions were grim. The one ray of retary Powell testified the current that deal in the finances that allow hope was the pressure from the inter- United States contribution of $20 mil- this tragedy to continue to unfold. We national community, including a lion would not be enough. Get that, $20 should be working with our allies to threat of sanctions that forced the million—not billions, trillions, which put in place effective sanctions. If Government in Khartoum to allow ac- we normally are talking about. members of the U.N. Security Council cess by humanitarian organizations. An expanded African Union force of are not amenable, we should work with Humanitarian workers were over- 3,000 will cost roughly $220 million. The the EU. We also have leverage through whelmed by the number of refugees, European Union recently pledged half our own capital markets. The test is but they were working hard and saving that amount would be forthcoming. We whether we are prepared to stop geno- lives. As a result, estimates of the can afford to pay for the rest. We can- cide, something we have all declared death toll, which could have gone as not afford to walk away from our exists, something the administration high as a million, were scaled back moral obligation. Madam President, $75 has declared. after that. With the violence inten- million is less than half of what the ad- How can we be discussing these op- sifying and humanitarian organiza- ministration sought for waste disposal tions? We should be acting. There is no tions again restricted in their move- in Iraq. It is insignificant compared to more critical moment than now. The ments, we sadly revisit our gravest the costs of the wars that are waging pieces are in place. fears. around the globe. What we cannot af- Today, the U.N. Security Council is The other recent development is the ford is to provide anything less. Short- meeting in Nairobi preparing to issue disintegration of order in the region. changing AU troops or delivering only another resolution on Sudan, although Anger and resentment are on the rise incremental assistance may be worse I hear the discussion is very limited among the displaced, and civil war be- than doing nothing. They do need heli- with regard to actions they will take tween Khartoum and the rebels is esca- copters, vehicles, communication with regard to Khartoum. The United lating. All the conditions are in place equipment, and housing to patrol States has rightfully called this geno- for a complete collapse, for long-term Darfur. We are moving forces into cide. The U.N. Security Council has

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.005 S18PT1 S11444 CONGRESSIONAL RECORD — SENATE November 18, 2004 agreed on paper that sanctions should States of America. We are in what we reer for him in public service. Like all be imposed if Sudan does not stop the think are our last couple of days of the of us, he suffered defeat as well as vic- violence. That violence has not 108th session. That being the case, this tory. He ran unsuccessfully for the U.S. stopped. will be the last few days that Senator House of Representatives twice. Having The Security Council has called on ZELL MILLER will be in Washington in run for Congress myself, and lost the member states to support an expanded his capacity as the senior Senator from first time, I know it is not much fun, AU force, and the African Union, 2 our great State of Georgia. I want to but you also find out it is the greatest years old, has stepped up. Its leader- take a minute just to talk about this experience of your life. You meet the ship is committed to preventing an- man who has been such an inspiration nicest people in the world, and you get other genocide if we will help. We are to any number of politicians and others a real sense of the fact that there are the world’s only superpower. Genocide in my State relative to his public serv- just literally thousands and thousands is happening and we must act. Presi- ice to our State and to our country. of people in that congressional district dent Bush campaigned on a platform of ZELL MILLER was born in a little who have the same beliefs and philos- acting wherever necessary to protect town called Young Harris, GA, which is ophy that you do, so you want to con- our interests overseas regardless of in the mountains of north Georgia, one tinue to make a difference. world opinion. of the most beautiful parts of our Even though ZELL lost those races With all that has happened in the State. His father, unfortunately, died when he ran twice, that did not deter last few years, how can we claim to be when he was 17 days old, so he was him from continuing in public service. constrained in this situation with this raised by his mother, whom he has re- He served as our Lieutenant Governor action taking place against the human peatedly talked about in the books he for four terms, 16 years. He just did a race? We are the world’s superpower. If has written as well as in his speeches. masterful job. The Lieutenant Gov- we do everything that we should do, His mother Birdie was the most influ- ernor in Georgia has a little more history will judge that we acted. But ential person in his life. She did a heck power than some of the Lieutenant they will judge us harshly if we do not of a job with ZELL MILLER as a young Governors in other States around the step up to save these lives that will be man and remained an inspiration to country. He presided over the State lost in the years and the months and him throughout his adult life, and par- senate, and in that capacity had the the days ahead. If we hesitate now, if ticularly in his life as a public servant obligation and the power to appoint we make excuses, most of us think we to our State. committee chairmen and to be in- will have a hard time forgiving our- ZELL did one of the best things any volved in legislation from a direct selves for what we did not do. Rwanda man can do; and that is, he married standpoint. He did an outstanding job is burned in our memory. We should way over his head early in his life. He as Lieutenant Governor. not allow hundreds of thousands of peo- married his sweetheart, Shirley. Before Following those four terms, he ran ple to die. We will have doomed the AU he went into the Marine Corps, he tells for Governor and, in 1990, was elected to ineffectual operations on the the story about leaving for boot camp Governor of our State for the first of ground, and we will have damaged its and he was afraid when he got back she his two terms. In 1990, he campaigned credibility and its underlying ability to might not marry him, so while they on the fact that if we were going to respond to crises in the future. were in the mood they ran over to have a State lottery—that was one of I hope we will act. I hope we will not South Carolina, which is not far away the hot issues on the ballot that year— turn the pages of this omnibus financ- from his hometown of Young Harris, that if we were going to have a State ing without giving the resources to act. and got married; and they have had lottery, he wanted to make sure the Words are not good enough; deeds are decades of glorious years together. funds that were generated by that lot- required. I hope we will not have failed They have two wonderful sons and four tery were used for one purpose, and one our people and our values we hold dear. grandchildren and now four great- purpose only, and that was to improve I thank you, Madam President. I grandchildren whom the two of them the quality of education in our State. yield the floor. have enjoyed. Now he will have even I have to say if there is any one man Madam President, I suggest the ab- more of an opportunity to spend time who is responsible for the improvement sence of a quorum. with them and enjoy them even more. of the quality of education in my State The ACTING PRESIDENT pro tem- ZELL entered the Marine Corps at an of Georgia, it is ZELL MILLER because pore. The clerk will call the roll. early age. Again, as he has repeatedly he not only campaigned on doing that, The assistant legislative clerk pro- said in his books, as well as in his he made absolutely certain all the ceeded to call the roll. speeches, it is the best thing he ever funds generated from that State lot- Mr. CHAMBLISS. Madam President, did in his life from the standpoint of tery went to improve the quality of I ask unanimous consent that the order straightening him out. All of us go education. for the quorum call be rescinded. through difficult times in our early He is the father of the HOPE Scholar- The ACTING PRESIDENT pro tem- years, and there are specific instances ship. It is kind of interesting, in every pore. Without objection, it is so or- that make us what we are and sort of campaign now, every statehouse cam- dered. chart the course for where we are going paign and gubernatorial and lieutenant to be in future years. ZELL has been gubernatorial race now, those folks f very open about the fact that the Ma- who have been involved in State poli- REQUESTING RETURN OF rine Corps is the institution that really tics for a while who are running for PAPERWORK—S. 2283 put his mind in the right frame that it those races all claim responsibility for needed to be for his adult years. the HOPE Scholarship. But everybody Mr. CHAMBLISS. Madam President, ZELL began his educational career at knows that the father of the HOPE I ask unanimous consent that the Sen- Young Harris College following his ten- Scholarship, the person who was re- ate request the House to return the pa- ure in the Marine Corps, and then ulti- sponsible for its passage and implemen- pers with respect to S. 2283. mately graduated from the University tation, is ZELL MILLER. The ACTING PRESIDENT pro tem- of Georgia, which happens to be the The HOPE Scholarship is a provision pore. Without objection, it is so or- same institution of which I graduated. in our law which says, if you graduate dered. Again, having a colleague such as ZELL from a high school in Georgia and you f to look to as a fellow alumnus is a have a B average, you can go to any great privilege. State institution that you are success- TRIBUTES TO RETIRING ZELL then began a teaching career, ful in applying to and getting into, and SENATORS and also very shortly entered a public your tuition will be paid for. As long as ZELL MILLER service career. He served two terms as you maintain a B average, that tuition Mr. CHAMBLISS. Madam President, a State senator from his home county will be paid for throughout your col- I rise this morning to pay tribute to a area of Young Harris. I think that was lege career. It has been one of the best very special friend of mine and a friend the foundation for what was going to things we have ever had happen in our of Georgia’s and a friend of the United ultimately become an outstanding ca- State.

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.008 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11445 We have been successful keeping our for 4 more years, then I am not going admire because he has always operated top students at home and attending to be just your average Governor and in a bipartisan way and made sure he our State universities. One of the main put it on cruise control and go out as a reached across the aisle and brought reasons is the HOPE Scholarship. We popular guy—and he had every oppor- Republicans into his Democratic ad- have kids who might otherwise go to a tunity to do that. ministration when he served as gov- school in the Northeast or the West I will never forget riding back up ernor. Probably one of the highlights of Coast that has a much greater national here on an airplane after one weekend, that is the man who is replacing him in reputation, but they do not give the and I happened to sit beside ZELL. This the Senate, my good friend JOHNNY scholarships like the HOPE Scholar- was several years after he had left the ISAKSON, who has been a longtime Re- ship to all their students who maintain Governor’s office, but I was a Member publican in our State. those averages. of the House. I said: ZELL, I guess if In ZELL’s second term as governor, he So ZELL MILLER has been primarily there is anything about you, and I were knew that with education being a pri- responsible for keeping an awful lot of to remember one thing over everything ority he needed a top-flight person to the top kids graduating from our pub- else, it is the fact that in your last 4 head up our State board of education. lic institutions as well as our private years you did what you thought was He reached out to JOHNNY ISAKSON, who institutions in Georgia at our State in- right, irrespective of the fact that you was then out of politics, and brought stitutions. As a result of that, we have could allow the legislature to pass him into his administration to chair seen the average SAT scores at the whatever they wanted to and you could the State board of education. JOHNNY University of Georgia, for example, rise sign it into law. A lot of the legislation did a terrific job. As a result of that, he every single year since the HOPE were very popular bills with the people came on to the House to replace Newt Scholarship went into effect. I do not back home, but they simply were not Gingrich, and now he will be replacing know what the exact number is for the the right thing to do. He would veto ZELL MILLER in the Senate. That is entering class this year, but I have them. He would veto them, not because simply the kind of guy ZELL MILLER is. confidence in saying the average SAT he had anything against the issue or So it wasn’t politics; it was what was score for the entering freshmen class at the people promoting the bill, but it in the best interest of our State, what the University of Georgia this year is was the right thing to do. It was not in could he do to continue to improve the well in excess of 1250, probably closer the best interest of all Georgians. quality of the education of our kids. He to something in excess of 1300. At Geor- A lot of people ask me today, Why just did the right thing. It is the same gia Tech it is higher than that. And in has ZELL MILLER changed? ZELL MIL- as he did in supporting our Republican other institutions we have seen the LER has never changed. In his heart, he President. He knew it was the right same impact. We are simply getting believes we live in the greatest country thing to do. That is why he was so the brightest and the best because of in the world. He believes in his heart vocal about it. Irrespective of the con- sequences politically, he did what in ZELL MILLER and his commitment to that he and I live in the greatest State the people of Georgia and his commit- in this great country. He is totally his heart he thought was the right ment to increasing the quality of edu- committed to doing what he thinks is thing to do. So now as ZELL goes back to Young cation in our State. right. He did it then when he vetoed a As Governor, he put into effect a vol- lot of popular bills, and he didn’t have Harris, I fully expect him to stay en- untary pre-K program for 4-year-old to do that; it would have been easy not gaged in the process. He is not the kind kids. All of us know that the earlier we to do that. That is why today when he of guy who is going to wilt away, but he will not be as active as he has been involve our children in the education speaks it is from his heart because he for the last three decades. He will be process, the more likely they are to is doing what he thinks is right. sitting on his front porch with his two come out, at the end of the day, with a As he closes out his career, he and I dogs, Gus and Woodrow, playing with better education. It is one of the best are both mindful every day of the fact his grandchildren, and enjoying his things we ever did from the standpoint that ZELL MILLER didn’t want to be family. I am sure his mind will, at of putting our kids in touch with the here. It was not his wish that he serve times, wander back to his times in At- school system at an early age. And it in the Senate when he was asked to lanta at the State capital, and to the has worked. serve. He ran for the Senate in 1980 and days he spent in this institution, and I could go on and on talking about was not successful. But he had no in- he will have some great memories. But the things that Senator MILLER did as tention of coming back to the Senate. those of us who have had the privilege Governor, but I want to sum it up with Unfortunately, Paul Coverdell, who and the opportunity to serve with him two anecdotes. was his very close friend and one of my First, again, education-wise, he was political mentors, passed away in 2000, are going to have even better memo- committed to ensuring that the edu- and our Democratic Governor, Roy ries. ZELL MILLER is a great American, a cation of the children of our State im- Barnes, went to ZELL MILLER and said: great Georgian, and he is somebody all proved every year he was in public Your State needs you, your country of us are going to miss in the day-to- service. I will never forget his last 4 needs you, and I need you to fill the day world of politics. But he is some- years—and I know this; I remember unexpired term of Paul Coverdell. So body who, when we look back and say, specifically because my wife was a ZELL, after much thought about it, de- you know, if I charted my course the teacher in the public school system at cided to leave the mountains of north way he did, I can leave this institution that point in time. We were ranked Georgia and his hometown of Young with a great feeling knowing that I 49th out of 50 with respect to the aver- Harris and go back into public service, have done what was in the best interest age teacher salaries. ZELL MILLER put to come to Washington. He and Shirley of my State and in the best interest of into place—and he made a commitment have been here since July of 2000, when my country. So to ZELL MILLER and to to the teaching community and made a he was appointed to fill that unexpired Shirley, I say thank you. Julianne and commitment to the legislature that term. He ran in 2000 and was elected to I have a great appreciation for you and they were going to have to abide by the remainder of the unexpired term. a great friendship with you. We look this. He was going to provide a 6-per- So it wasn’t his desire to come back, forward to continuing that friendship. cent increase in teacher salaries every but, as always, when he has been called We will miss you here in the U.S. Sen- year for his last 4 years, about a 25-per- upon to fill a void and to be a public ate. God bless you. cent increase for teacher salaries servant for his State and his country, I yield the floor and suggest the ab- across the board. He not only made the he has answered that call—not unlike sence of a quorum. commitment, but he did it. We went when he joined the Marine Corps. The ACTING PRESIDENT pro tem- from 49th in average teacher salaries to As he leaves this great institution at pore. The clerk will call the roll. somewhere in the high twenties over the end of this term in another 6 or 8 The assistant legislative clerk pro- the 4 years of ZELL MILLER’s last ten- weeks, this man is going to be missed ceeded to call the roll. ure as Governor of our State. by those who have looked up to him Mr. NELSON of Florida. Mr. Presi- He also made a commitment to the from a political perspective. He has dent, I ask unanimous consent that the people of Georgia that if you elect me been a person that all of us in politics order for the quorum call be rescinded.

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.011 S18PT1 S11446 CONGRESSIONAL RECORD — SENATE November 18, 2004 The PRESIDING OFFICER (Mr. EN- But isn’t it interesting that the U.S. periodic national and world Boy Scout jam- SIGN). Without objection, it is so or- military has taken a position in a set- boree. dered. tlement which, if taken to its logical Mr. President, I yield the floor. Mr. NELSON of Florida. Mr. Presi- conclusion, would keep the Boy Scouts The PRESIDING OFFICER (Mr. dent, what is the parliamentary proce- of America off a military facility when, BURNS). The Senator from Kentucky. dure that we find ourselves in? in fact, every military officer in the f The PRESIDING OFFICER. The Sen- U.S. military, including this former of- TRIBUTES TO RETIRING ate is in morning business. ficer of the U.S. Army, took an oath SENATORS Mr. NELSON of Florida. Mr. Presi- that said the following: dent, I will address the Senate in morn- That I will support and defend the Con- ZELL MILLER ing business. stitution of the United States against all en- Mr. MCCONNELL. Mr. President, the The PRESIDING OFFICER. The Sen- emies, foreign and domestic; that I will bear late Senator Paul Coverdell was a ator from Florida is recognized. true faith and allegiance to the same; that I great Senator and dear friend of many take this obligation freely without any men- f of us in this body. His untimely passing tal reservation or purpose of evasion; and left a great hole in our hearts. But it CULTURAL ISSUES IN AMERICA that I will well and faithfully discharge the also took from Georgia and from Amer- Mr. NELSON of Florida. Mr. Presi- duties of this office upon which I am about to enter, so help me God. ica a great leader. dent, it seems that several things have At the time, none of us had any idea That is the part of the oath every happened with regard to questions of how we would ever manage without U.S. military officer takes, and it is matters of faith and what some would him. I remember when we were doing the one I took decades ago when I en- call cultural issues that seem to be up- tributes to him after his death. There tered as an officer of the U.S. Army. side down in America. was great emotion on the floor of the It seems to me there is a great deal Just in the last few days, we have Senate. I remember Senator Phil of inconsistency then that the U.S. De- seen several ABC stations across the Gramm tearfully giving Senator Cover- partment of Defense would take a posi- country that have had a fear of being dell a farewell. We all felt great affec- tion where every one of its officers has fined by the Federal Communications tion for him. sworn to uphold their oath, and at the Commission for showing the award- So when the Governor of Georgia, end of that oath state, ‘‘so help me winning movie, ‘‘Saving Private Governor Barnes, needed someone to God,’’ and yet they are moving to a po- Ryan,’’ because of some of the lan- step into Paul Coverdell’s place to be sition to knock the Boy Scouts out of guage that is used in this extraor- the voice for Georgia, he called upon a being able to use public facilities—in dinarily heroic film that is one of the fellow whom I had not previously met this case, military facilities—because most accurate portrayals of the fog and but had heard of for some time, former they have a similar oath. heat of war that has ever been made. ELL MILLER. I come back to my opening com- Gov. Z At the same time, we find that ABC, Happily retired and without personal ments. We have something that is up- in its leading up to Monday Night ambition for further public office, ZELL side down. There is not a Senator here Football, has fostered an advertise- MILLER responded to the call of duty. who does not passionately believe in ment to promote one of its nightly net- And what a difference he has made in freedom of expression, freedom of work prime time shows in which a ris- this body. In a time of turmoil, a time speech, and freedom of belief in what que kind of setting is displayed for an of terrorist attacks, of economic chal- any person chooses to believe, but are audience that would inappropriately lenge, of foreign war, when America we getting so mixed up that we lose include children, particularly, who are needed somebody to lead, Providence sight of what are the accepted ways in watching at around 6 o’clock in the Pa- blessed America with a great Senator, which we conduct ourselves and the re- cific time zone of this country. On the ZELL MILLER. spect we have for one another in our one hand, ABC stations are taking off During his short tenure here, this old respective beliefs? the air a movie that really has a great marine has been critical to our efforts Really, is there anyone who wants to deal of portrayal of the strength of this to obtain economic opportunity, home- kick the Boy Scouts out of their an- country and all of its patriotic values land security, and national security for nual jamboree on a Virginia military and, at the same time, the network, this Nation. I can say with total cer- facility? Of course there isn’t. ABC, is then promoting what some In this week that has just passed tainty that Paul Coverdell would be would find questionable. where we see the ABC network saying proud—proud—of the accomplishments It seems to me we have lost our sense to some of these stations that we are of ZELL MILLER. They have been good of balance, our sense of direction, that not going to allow ‘‘Private Ryan’’ be- for Georgia, and they have been good it is entirely upside down as to what cause it has bad words in it, and at the for America. we should be doing. same time promoting a commercial A review of every major battle this So, too, I have noted in a Washington that certainly has questionable view- administration had in the last 4 years newspaper today the fact that Sec- ing characteristics for young children shows that ZELL MILLER was in the retary of Defense Rumsfeld is urged to at the 6 o’clock timeframe on the west middle of each one and the linchpin to defend the Boy Scout movement, the coast of this country, and where to- each success. ZELL MILLER was instru- title of the headline, and of which crit- day’s news is bringing us to the point mental to the economic recovery our ics are pointing out that a settlement at which our own Department of De- Nation now enjoys. ZELL MILLER was by the Department of Defense of an fense is taking a position that ulti- the key to the homeland security our ACLU suit back a few years ago is mately would lead to kicking off the Nation has attained. ZELL MILLER was going to continue to drive, to force the Boy Scouts because the Boy Scouts be- one of the strongest voices to harden military to cut off all taxpayer support lieve in God, then I think this country our Nation’s resolve to fully wage the to the Boy Scouts of America which, in has gone too far. It is time to stand up war against terrorism. On these, the this case, uses military bases for meet- and speak out about common sense and most critical issues upon which history ings and events, such as their annual principles that were set in place for will judge this Nation, this President, Boy Scout jamboree that is held on a this country by its Founding Fathers and this Congress, it was ZELL MILLER Virginia military base. of a belief in Divine Providence and a whose vote and voice made the dif- It seems that we have it, again, up- respect for that belief. ference. side down, for if the objection is that So what I will be doing is offering a ZELL made the difference when the the Boy Scouts of America have, as resolution to the Senate today, and numbers didn’t add up to victory. Like part of their oath, an allegiance to that resolution will conclude that: our mutual friend, Phil Gramm, appar- God, and if that is the reason for the ently being outnumbered was never a It is the sense of the United States Senate suit, might I remind the Members of that the Department of Defense should con- cause for concern to ZELL. ZELL served the Senate that when we took the oath tinue to exercise its longstanding statutory in the proud line of Truman Demo- of office, it said at the end of the oath, authority to support the activities of the crats. Like Harry Truman, he called ‘‘so help me God.’’ Boy Scouts of America, in particular the for unity during a time of war and, like

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.014 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11447 Harry Truman, gave hell to anybody fate of the agenda of the last several judge and also Attorney General of the who played games with our national se- years swung. For the goals of President United States under President Jimmy curity. Bush, from homeland security to eco- Carter. He follows that philosophy. As Like John Kennedy, he knew that tax nomic growth to the war on terrorism, a matter of fact, he analyzed each cuts were not just good for the econ- ZELL MILLER has been the difference nominee who came forward and I be- omy but they were good for the take- between victory and defeat, the gap be- lieve saw fit to support the nominees, home-pay of workers and their fami- tween almost and barely. consistently, that President Bush sent lies. But from ZELL we didn’t just hear I think part of the willingness of Sen- forward—not because of politics but be- the thoughts of old-school Democrats, ator MILLER to step forward, break cause he believed those judges would we also rediscovered the truths of our ranks, and support President Bush follow the law, not make law. They Nation. He showed us that integrity came because he is a man of experience would be constructionists, not activ- still matters, that nation comes before and judgment and integrity. He got to ists. party, and that thinking first of our know President Bush. He looked into Oftentimes, on each one of these children and grandchildren is the right his heart, he examined his policies, and issues it came down to this one man and proper way to judge national pol- he believed him. He had a particular making the difference, either taking icy. Any time ZELL looked for his bear- belief in this man at this point in his- the lead or casting the key vote on ings, he gazed to those fixed stars of tory, based on his study of history, his those issues. He taught us once again his favorite constellation: His wife writing, and his experience, and he was that nation, family, faith, heritage, Shirley, his children, his seven grand- willing to step forward in an unusual and principle are more important than children, and two great-grandchildren. degree and take a lot of grief for it, to politics and party. In this he re- This internal compass served him well stand up for what he believed was affirmed the belief that government because no one could ever accuse ZELL right. for, of, and by the people can work. When President Bush proposed a tax of being confused about what he be- When he spoke, people listened. I will cut to get the economy moving in 2001, lieved in and why. tell you why people listened. I asked So ZELL MILLER heads back to the and things were not going well, ZELL him how he found time, how he did his Appalachian Mountains of north Geor- MILLER was the first Democrat to sup- speeches. He personally writes his gia, whence he came. He returns with port that plan. He cosponsored the bill speeches. It is not written by staff. It is his wife Shirley back to the base of with Phil Gramm of Texas, a great not generated by some computer. It is Double Knob Mountains, where the ra- Senator. When they teamed up I not regurgitated from some document vines flow to the Brasstown Creek and thought of that slogan in the Alabama or some memorandum or some sum- then the Hiawassee River and on to the football network. Bear Bryant would mary somewhere. It comes from his Gulf of Mexico. He returns to the dirt have a TV show every week to talk heart, his experience, his head, and his roads he walked as a lad, where he about the game. He promoted Coca- understanding of this great Republic of worked with his mother, to haul stones Cola from Georgia, I guess, and Golden which we are blessed to be a part. That from a nearby field to build a rock- Flake potato chips, and the slogan was: is why people listen to his speeches. walled house with no rafter, no ‘‘Great Pair Says the Bear.’’ So when Most of us recall his speech in New subfloor, and a ladder for a staircase in ZELL MILLER and Phil Gramm joined which he was raised. forces, it was indeed a great pair. When York at the convention, where he, in From such modest beginnings, and it came time to protect the homeland Trumanesque fashion, blasted those who play games with our national de- such a modest man, the world is better against terrorist attacks, it was ZELL fense. They squalled and thought it because of his leadership. He stands as MILLER who stood with the President a lesson for all and for all time. Be- in 2002 to make sure we had a Depart- was hell. He was just telling the truth, I suggest. cause of ZELL MILLER, I can say, be you ment that functioned more like the a Senator, a college graduate, a single Pentagon than the post office in pro- It was clear, passionate, and powerful mother, or an elementary school stu- tecting the lives of American citizens. and helped change the course of the na- dent, never, never, never doubt the im- After 4 months and 11 votes and a na- tional debate. It changed the course of pact a single person with clear vision tional election, finally it took. We the national debate because it was and a strong heart can make for your passed the Homeland Security bill that true. What he said was important. It family, your community, your nation, has succeeded in keeping us safe, since had to do with whether this Nation and, yes, your world—not just for now 9/11, at least—a feat not many would would have leadership committed to a but for generations to come. have predicted possible at the time. strong America. He also had some very So, Senator MILLER, we will miss you I would just say this: Senator MILLER fine words right here on the floor of the around here. understood the importance of that Senate. Mr. President, we have had the privi- issue. I believe he called three press On the Energy bill, he rose in ‘‘de- lege over the last 4 years to serve with conferences. He urged those who were fense of that great American work- a truly great American who has made a blocking the Homeland Security bill horse,’’ in his words, the pickup truck. difference in a body in which it is very for some sort of internal governmental He told a story of meeting a guy who difficult for an individual Senator to union-type politics, not on the real was a PHD—that is a post hole digger— frequently make a difference. Farewell, merits—he warned them that this was who said: Senator MILLER. We look forward to bad. It was bad for America, and it was If you really want to know when times are seeing you in the coming years. bad politically for those who blocked bad, take notice of the number of people hav- I yield the floor. it. ing to sell their pickups. Look at the ads in The PRESIDING OFFICER (Mr. They didn’t listen. I think they the paper and the ‘‘for sale’’ signs in the GRAHAM of South Carolina). The Sen- wished they had. Certainly, after the yards. The more you see, the worse it is be- ator from Alabama. election they were quite willing to pass cause pickups are the very symbol of the ZELL MILLER the bill they had been blocking before working man. As the pickup goes, so does Mr. SESSIONS. Mr. President, I the working man and the very heart of this the election. country. thank the assistant majority leader for When the economy slowed down due his fine words. I certainly agree with to the attacks and the corporate scan- He added: those about ZELL MILLER. Democracies dal, and it came time to accelerate the Pickups are as essential to the carpenter in general, America in particular, seem tax cuts in 2003, once again it was ZELL as his hammer; as essential to the painter as blessed that in times of turmoil, lead- MILLER who made the economic incen- his paintbrush. So we must leave this Amer- ers do step forward and give us the tive plan the law of the land. ican workhorse, the pickup truck, alone. guidance we need. During a time of war On the question of judges for Amer- Don’t pick on the pickup. and economic challenge, America got ica, ZELL MILLER had the classical view Then he shared with us a tune called such a leader in ZELL MILLER. It is not of the role of a judge consistent with ‘‘Talking Pickup Truck Blues.’’ He too much to say that he was the key, his good friend, the wonderful Judge spared us the agony of singing it, but the very hinge upon which much of the Griffin Bell, who was a court of appeals he did share one verse.

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.017 S18PT1 S11448 CONGRESSIONAL RECORD — SENATE November 18, 2004 Sure, an SUV is classy travel, but it ain’t told some of my colleagues last night, I thank all of you. I thank my fam- much good for hauling gravel, or hay or bo- not a day has gone by since I have been ily. I thank my very special staff who vine feces. So please do not make my pickup here that I have not thought of this has stayed with me through thick and truck an endangered species. good man who left us so suddenly and thin. I thank my friends and especially That is not often heard on the floor so tragically. my God. It has been one heck of a ride. of this Senate—words of eloquence that My most fervent hope during these The PRESIDING OFFICER. The Sen- bring a smile to us all but more than 41⁄2 years has been that Paul would be ator from Montana. that drives home a truth about real pleased with the way I have served and Mr. BURNS. Mr. President, I wish to people who serve America day after finished out his term. I know Paul is say a few words about my friend from day in pickup trucks. pleased, as I am, that our mutual Georgia, Senator MILLER, who preceded So this man knows America. Given friend JOHNNY ISAKSON, one of the fin- my remarks. all the good he has done in so little est public servants I have ever known, I was raised in the Midwest. We both time—he has given so much to it—he will soon be our successor in this great come out of an era of rural America. It leaves much too soon. He has done a body. was a different life. I remember when great job for this Nation and for Geor- I also wish to say what an honor it we did not have electricity. We did not gia in replacing the departed Paul has been to serve the last 2 years with live on a gravel road. We did not have Coverdell who we all loved and ad- my colleague from Georgia, Senator running water in the house. In fact, the mired. He has been a great leader and SAXBY CHAMBLISS. water bucket froze on cold winter a great Senator, and the Senate will Now as this page turns on the final nights. We didn’t have the best clothes miss the presence of this old Marine chapter of my career as a public serv- in the world. But they were clean. And sergeant. ant, I cannot help but remember how it I have never gone to bed hungry. I can say without contradiction I be- was in that first chapter of my life. I have an idea my mother was kind of lieve that few Senators in the history Growing up in a remote Appalachian like Mrs. Miller. A home full of love on of this Republic have in one short term valley, we lived in a house made of a badlands farm made up of two rocks contributed so much to the health and rocks my mother gathered from a near- and one dirt, trying to hang on to it, welfare of our Nation and made such a by creek with only an open fireplace coming out of tough times called the tremendous impact on it. for heat, no indoor plumbing, no car, Depression of the dirty 1930s. It shaped It is because he put his Nation first; no phone, and no father. a lot of character. It put a lot of fiber On summer nights before the TVA he stood for what we believe in. He was in a lot of people who went on to love dammed up the Hiawassee River and true to his raising. this country and would serve her and brought electricity to that Appa- I thank the Chair. I yield the floor. our States at any cost. The PRESIDING OFFICER. The Sen- lachian valley, after the Moon had The highest compliment one could ator from Georgia. come up over the mountain, the light- pay to any person we meet in this Mr. MILLER. Mr. President, I have ning bugs were blinking, while the body, comes from the West in an ex- listened with a grateful heart to the frogs croaked down at the creek and pression that says: We’ll not say good- generous words of my colleagues, the the katydids sang, every once in a bye; we’ll just say so long because you Senator from Kentucky and earlier while a whippoorwill’s lonesome cry are welcome to sit at my fire anytime. this morning the Senator from Ala- could be heard. That is my feeling toward this old bama. I will remember and cherish I remember after my mother had fi- marine. I only have one disappoint- those words as long as I am on this nally quit working and was getting us ment, that we never did get a trip to Earth. I thank each of them for their quiet and ready to go to bed, we would the Pacific to visit Iwo Jima. I have friendship. play a game. The game would start I see my good friend from Montana when the headlights of that rare car been there but he never got to go. We on the floor. I thank him, a fellow ma- would penetrate the darkness, maybe tried every way in the world. We had a rine, for his friendship. once every half hour or so on that nar- couple trips scrubbed because of busi- This means more to me than I have row strip of asphalt across a big ditch ness in the Senate. We never did make words to express. I did not come to this in front of our house. We would stare it, but we are not going to give up. Senate expecting events to unfold as at the headlights of the car as it made So we say so long to ZELL MILLER, a they have. I guess I am living proof its way around the steep curves and fi- good friend, a good Senator, a great that politics is not an exact science. nally over Brasstown Mountain. We representative of Georgia, and a great In Shakespeare’s ‘‘Hamlet,’’ his would count and see how long it took representative of this country. friend Laertes is going off to college from the time it went by our house I came down here today to talk about and his father Polonius is giving him until its taillights would disappear other men who will be leaving this Sen- the usual advise that you give when through that distant gap and was no ate, including Senator HOLLINGS from your sons go off to college. After all longer a part of that one and only South Carolina. He was chairman of the words of caution that I hope fa- world I knew. the Commerce Committee when I first thers still give their sons, Polonius It was often at this time my mother came here in 1988 and 1989. I was up to ended with these words: would laugh and say, ‘‘You know my eyes in confusion, trying to drink This above all: to thine ownself be true, what’s so great about this place? You out of a fire hydrant to take it all in. And it must follow, as the night the day, can get anywhere in the world from My former chairman of the Commerce Thou canst not then be false to any man. here.’’ Committee was part of my education, a I have always believed that and I That world has turned many times very important part of it, in under- have tried to live that. since I first traveled that narrow road standing the work done in the commit- I have had a most blessed personal through that gap and out of that val- tees and this business of setting policy life—personal and political. Since 1959, ley. It has been a long road with many that conforms to the wants and desires voters in Georgia have been putting me twists and turns, ups and downs, of our States and what is good for the in one office or another, and I am deep- bumps, and, yes, a few wrecks, a road country. ly grateful to them. that twice carried me to the highest of- One time I offered a little amend- God has richly blessed my personal fice of the ninth largest State in this ment that had a far-reaching effect in life. My wife Shirley has been the per- Nation, to all the continents and fa- the debate of regulating the cable in- fect partner for over 50 years. She has mous cities of the world and, finally, to dustry. I didn’t want to do that but I been my companion, my critic, my the Senate. wanted to give him a little competition crutch. We have two wonderful sons, So I leave this Senate, knowing that to make them better. I offered an Murphy and Matthew, and our daugh- once again my mother has been proved amendment without telling anybody on ters-in-law and our grandchildren and right. One could get anywhere in the the committee, without telling a soul. our great-grandchildren. We are very world from that little mountain valley I will tell the Presiding Officer I blessed. and back again. Everywhere I have know what it is like to sit way down at If he had lived, Paul Coverdell would ever been really was on my way back the end of the committee because when be ending his second 6-year term. As I home. I came here my seniority was S100.

VerDate Aug 04 2004 00:08 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.020 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11449 I remember the chairman, Mr. HOL- ing back to his Colorado, back to the resentatives, they came up with those LINGS, saying, I’ve never heard of any- High Country. He is looking forward to first national education goals. There thing like that. It was pretty obvious that. had been a long prelude to all of this we were going to have to go to a vote. PETER FITZGERALD comes from Illi- activity in 1989. I was a part of that He didn’t know if he had enough votes nois. As to all of these men, I want to prelude, and I saw a lot of it happen. to defeat it and I didn’t know if I had say you do form relationships here, and In 1978, when I was elected Governor enough votes to pass it. An instance there is a certain bond that attracts us and Bill Clinton was elected Governor such as that calls for a little backroom all, as we learn that even though you of Arkansas, and Dick Riley of South sit-down, talk about this, and see what may be on the same side of the aisle or Carolina, and our colleague, BOB it does to the issue. the opposite side of the aisle, one could GRAHAM, who was Governor of Florida, I was right there with him. Senator always agree or disagree without being we were all faced with the same issues. INOUYE from Hawaii was also in the disagreeable. That is what makes the Our States were behind; the world was meeting. One can start to learn the Senate a special place. changing, and we needed a better edu- ways of the Senate especially in the We will miss all of these men, but I cation system, particularly at the ele- areas of committee work. am looking forward to those who take mentary and secondary level. So that I will miss ERNEST HOLLINGS because their place as, there again, new rela- by 1983, when the report of the U.S. De- he has been an institution here serving tionships will be developed, a new bond partment of Education, called ‘‘A Na- from the 89th through the 108th Con- dealing with the old challenges of a tion at Risk,’’ came out saying we were gress. That is a great tradition. free society, with those who love the greatly at risk because of the medioc- The Presiding Officer knows and un- Constitution and love this country who rity of the education system, it was derstands ERNEST HOLLINGS. We may were prepared to die for it and would if into that environment that it came. disagree on philosophy but we did not asked to do so today. No one doubts the The Governors in 1985 and 1986 all disagree on America. depth of their patriotism nor their worked for a year on education. I was DON NICKLES will leave this Senate in service to their country. We welcome chairman of the NGA that year, and this year, having arrived in 1980 with them as we say goodbye to old friends, Bill Clinton was the vice chairman. It President Ronald Reagan. The real old relationships that will never be for- was the first time in the history of the voice of conservatism, a fiscal conserv- gotten. governors organization that we all fo- ative, who stood in this Senate and Mr. President, I yield the floor, and I cused for a year on one subject. Then, fought wasteful spending and did it suggest the absence of a quorum. by 1989, we had a President of the with grace, did it with knowledge, a The PRESIDING OFFICER. The United States, George H.W. Bush, who leader among all. clerk will call the roll. became the first of three consecutive There again, he being 8 years ahead The assistant legislative clerk pro- Presidents to say he wanted to be an of me, he was a mentor and someone I ceeded to call the roll. education President. The goals that could look to, study and learn from. Mr. ALEXANDER. Mr. President, I the governors adopted with the Presi- In 1987 or 1986, TOM DASCHLE came to ask unanimous consent that the order dent in 1989 were very straightforward. No. 1, all children in America will the Senate. A neighbor from South Da- for the quorum call be rescinded. kota from Aberdeen, SD, we both The PRESIDING OFFICER. Without start school ready to learn. No. 2, high school graduates will in- learned a little bit here. He was much objection, it is so ordered. crease to 90 percent. more successful than I, reaching into Mr. ALEXANDER. Mr. President, I No. 3, American students will leave leadership of his party. We had a lot of ask unanimous consent that I be al- the fourth, eighth, and twelfth grades common friends in South Dakota. I lowed to speak for up to ten minutes in having demonstrated competency in will be sorry to see TOM DASCHLE leave morning business. math, science, English, history, and ge- the Senate. But he has left big tracks The PRESIDING OFFICER. The Sen- ography. here. There are fond memories on ate is in morning business. The Sen- No. 4, America would be first in the issues that we agreed on and issues ator from Tennessee is recognized. world in math and science. that we did not agree, but we did not f No. 5, adult Americans would be lit- do it being disagreeable. 1989 EDUCATION SUMMIT erate. BOB GRAHAM from Florida I learned No. 6, every school would be free of was in the Angus business and he Mr. ALEXANDER. Mr. President, drugs and violence. leaves this year. right after the election, on November 3, Those were the goals. You might say JOHN BREAUX from Louisiana. I 2004, I went to the Miller Center at the after a decade of unprecedented school worked with him on the Commerce University of Virginia. The purpose of reform and concern, America backed Committee regarding energy issues. the occasion was a discussion of the into its goals for reform. That was 15 His wisdom will be missed. 1989 Education Summit. It had been 15 years ago. A lot has happened since I am afraid I took much more from years since the President of the United then. these men than I could ever return to States and the Nation’s Governors—all When I became Education Secretary them. of our chief executives—gathered in in 1991, we created something called I served only one term with JOHN ED- Charlottesville, VA, to establish the America 2000, which was to try to move WARDS and PETER FITZGERALD. They, first ever national education goals for America community by community to- too, will be missed in the Senate. Their our country. ward those national education goals. contribution was huge. It is astonishing to me that 15 years Governor Clinton became President BEN NIGHTHORSE CAMPBELL served have gone by since then, and it was to Clinton, and he changed the name to from the 103rd to the 108th Congress. most other governors who were there. Goals 2000 and tried his brand of mov- But my, the knowledge he has had and It was important to look back on what ing us in that direction. the experiences he has had. had happened in 1989, to see how it hap- Now we have another President, the It seems as if he has always ridden pened, and to think about what hap- son of the man for whom I worked, who dangerous things, including old broncs pened since then. has, through No Child Left Behind, and horses, which are unpredictable, The summit at the University of Vir- working in a bipartisan way, tried to and, you might say, not the safest ginia had gone remarkably well. Presi- set from Washington accountability things. What a great thrill being the dent George H.W. Bush had convened standards that will help make sure cover Senator for Harley Davidson. He, it. Terry Bransted, the Governor of that all children are learning. I rise to too, has lived a great life. He, too, un- Iowa, was chairman of the National talk about this today only for this rea- derstands the West. He is also a mem- Governors Association that year. He son: That the national summit of gov- ber of the Northern Cheyenne Tribe. had appointed the Governor from Ar- ernors and the President, on its 15th The reservation is in my State of Mon- kansas, Bill Clinton, whose library is anniversary, should not go by without tana. opening today, and Carroll Campbell of mentioning it on this floor. We campaigned together, learned South Carolina as the lead Governors. There has never been anything like it from each other. Now he will be return- Working with the President’s rep- before. One of the most important

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.022 S18PT1 S11450 CONGRESSIONAL RECORD — SENATE November 18, 2004 parts of it was that members of Con- arts, civics, and foreign languages. It joined President Bush in Washington as his gress were not involved. A lot of mem- included a national voluntary examina- Chief of Staff. One of the best things about bers of Congress—it was a Democratic tion system geared to those new stand- that 1989 summit was the opportunity to see legislature at that time—were not very ards. They included new generation, and work with John again, and I am de- lighted he is here today for this retrospec- happy about that. But I think that was thousands of start-from-scratch, tive event. the correct decision because, in my ‘‘break-the-mold schools.’’ We call It is also a pleasure to be here with my view, elementary and secondary edu- them today charter schools, but then former colleagues Dick Riley and Lamar Al- cation is a national concern, central to there were only perhaps ten such char- exander. I remember well my first National almost everything important that we ter schools. It included giving teachers Governors’ Association Meeting, in August, do, but it is not necessarily a Federal more autonomy and flexibility in their 1986, hosted by Governor Dick Riley at Hil- Government concern. classrooms by waiving federal rules ton Head, South Carolina and chaired by a The fact that the governors and the Tennessee Governor named Lamar Alex- and regulations, something Congress ander. The major theme of the meeting was President, the chief executives of our eventually did more of later. It also in- education; the NGA had done a great deal of country, met together to establish cluded a GI bill for children, to give work on education reform during Governor these goals and begin to move us to- middle and low-income families $1,000 Alexander’s chairmanship and the results ward those goals was, I think, the cor- scholarships to spend at any lawfully were being released. rect way to do that. operated school of their choice, thereby Lamar Alexander and Dick Riley, through I would like to salute the University giving those parents more of the same their work as Governors and later as U.S. of Virginia’s Miller Center for holding choices that wealthy parents already Secretaries of Education, have done more this celebration. It included former than any two people I can think of to ad- had. vance the cause of quality education in the Education Secretary Dick Riley, Rod That was an excellent agenda in the United States over the past quarter century. Paige, the current Education Sec- early 1990s. It is still a good agenda We all owe them a tremendous debt. retary, and I was there as well. It also today. The summit on education, the Now to the task at hand. included JOHN SUNUNU, a former Gov- national education goals created in You might recall that the 1989 Summit was ernor of New Hampshire, who was at 1989, need to be remembered, and so greeted with equal measures of anticipation the education summit and who was does the leadership of President George and cynicism, hope and skepticism. Many noted at the time that Americans periodi- Chief of Staff at the White House at W. Bush on education. cally make brave and impressive noises the time it was organized, and Jerry I yield the floor. about education, but that we frequently fail Baliles, the former Governor of Vir- EXHIBIT 1 to achieve the necessary breakthroughs to ginia, who was Governor of Virginia at THE REMARKS OF THE HONORABLE GERALD L. give education the priority it merits. the time the education summit was BALILES, FORMER GOVERNOR OF VIRGINIA No question, some expected the Charlottes- held. AND PARTNER, HUNTON & WILLIAMS, BEFORE ville Summit to be little more than a vari- I thought Governor Baliles’ remarks THE MILLER CENTER OF PUBLIC AFFAIRS AND ation on disappointing earlier efforts. But were especially interesting and useful. THE CURRY SCHOOL OF EDUCATION, THE UNI- others—and I counted myself among them— believed that something different and impor- He talked about the political context VERSITY OF VIRGINIA, CHARLOTTESVILLE, VIRGINIA, NOVEMBER 4, 2004 tant could happen here, something which of the times and how the governors might foretell a favorable turning point in THE 1989 EDUCATION SUMMIT: A REEVALUATION were able to do this without inter- our national commitment to education. ference from Congressmen and Sen- At the beginning of the 1992 Vice Presi- The day before leaving Richmond to come ators in Washington, DC. He talked dential debate, Ross Perot’s running mate, to Charlottesville for the Summit, I made about the competitiveness of our coun- Admiral Stockdale, opened the debate by the following observation at a press con- looking into the camera and saying, ‘‘Who ference: ‘‘While it seems unlikely to me that try and the world, and how we are driv- am I and why am I here?’’ en to realize that better schools meant fundamental solutions to the problems of Today, I am here because 15 years ago I, education will emerge out of a meeting that better jobs and that most of our stand- along with the rest of the nation’s governors, will last little more than 24 hours, the Sum- ard of living depends upon the re- met with the first President Bush and his mit could well be the start of a significant search, the inventions, and technology cabinet for an unprecedented Education national effort.’’ that we have at our great system of Summit here at the University of Virginia. Fifteen years later, I believe the Summit colleges and universities in the world. I am a strong believer in the importance of was not only the start of a significant na- And, he talked about where we had context; in the notion that to truly under- tional effort, but in many ways was a sem- stand an event or a series of events, one inal event; nationalizing the importance of come in the last 15 years. must understand the times in which those I ask unanimous consent to print in educational policy, sharpening the focus on events occurred. And that is my role here results, and making executive political lead- the RECORD, following my remarks, the today. ership more important. full remarks of the Honorable Gerald The agenda is filled with Education Secre- To understand why, and to understand the L. Baliles, the former Governor of Vir- taries, educators and others who have played context in which the Summit was held, I ginia, which he made at the Miller Cen- a critical role in how the results of the Sum- want to focus on three factors in particular: ter of Public Affairs and the Curry mit were implemented. They have been on First, I want to focus on the political con- School of Education in Charlottesville the front lines of education in the fifteen text of the time. Much of the media and pub- years since the Summit, while I retired from lic reaction to the Summit centered around on November 4, 2004. public office just three and-a-half months political questions—especially in the days The PRESIDING OFFICER. Without after the Summit’s conclusion. I look for- leading up to the Summit. How much of the objection, it is so ordered. ward to their assessments of the progress Summit was designed to cater to the Presi- (See exhibit 1.) made and the challenges that confront us. dent’s political needs? How did Congress Mr. ALEXANDER. Mr. President, I 1 believe that former New Hampshire Gov- view the Summit? What did the Governors think it is worthwhile, in addition to ernor and White House Chief of Staff John expect? What tensions existed between the this, to give a little credit to former Sununu and I are the only ones here who ac- different levels of government? Those ques- President George H.W. Bush. I still be- tually attended the Summit, and all of its tions were being posed at the time, and it is lieve that when the dust settles and meetings, as principal participants. So it is important to examine them. Second, I want to look at the substantive history books are written, President that the Miller Center has asked me to pro- vide some context, to discuss what was going context of the time. There was consensus Bush’s leadership in education will be on at the time, why the meeting was held, across the political spectrum in 1989 that the among his most significant and lasting what battles were going on behind the United States faced a challenge, almost a contributions. scenes, and what our expectations were for crisis, of international competitiveness. His tour of duty was interrupted by the Summit. While people of various political stripes dis- the voters in 1992, so he was not able to I am delighted to be here today to share agreed sharply on specific remedies, it had finish the job. But his America 2000 the program with Governor Warner, Sec- become conventional wisdom that, by a vari- community effort had a variety of ini- retary Paige and so many others who have ety of international measures, including edu- tiatives which set the agenda for Amer- advanced the cause of education in our coun- cational achievement, the United States was try. not as competitive as most of its trading ican education in the 1990s. They in- I just mentioned John Sununu. 1 served as partners and competitors in the global econ- cluded a new set of national standards Vice Chair of the National Governors Asso- omy, and was falling further behind. This in core curriculum subjects, including ciation under John and then succeeded him may be difficult to comprehend today, but science, history, English, geography, as Chairman. Not long after that, John the fact is that the competitiveness issue

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.026 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11451 permeated most political debates of that ‘‘Summit’’ sometime that fall to discuss edu- ing of a variety of programs, and the cre- time, and much of the educational reform ef- cation. It would be only the third time a ation of several new Federal programs as fort in the Nation was fueled by competitive- President would meet in a specially-called, well. ness concerns. Summit-type, meeting with Governors, and Many of the Democratic Governors be- Finally, I want to look at the debate over the first time that the subject would be edu- lieved this approach to be misguided, that if the Federal role in education. In 1989, the cation. The exact time and place had not the Governors’ conversation with the Presi- very idea of a Federal role in education was then been determined, nor had the Univer- dent on education simply mirrored Washing- still an open question. Today, we largely sity of Virginia been selected as the site of ton’s fights over formulas and funding, then argue over what form the Federal role should the Summit. the public would view the meeting skep- take and how much it will cost. Very few Naturally, there were pundits who believed tically, and we would lose an important op- will question the Federal role. We do not that the meeting would be nothing more portunity to articulate a national commit- challenge the need for national standards or than a photo opportunity; a chance for the ment to education. a national approach to educational policy. President to quiet criticism of himself for Arkansas Governor Bill Clinton was the Back then, things were quite different, and not spending as much time on education as Lead Democratic Governor for Education, the Summit played a major role—perhaps some people wanted. It was summertime, and he and I worked together to convince THE major role—in settling the basic ques- Congress was out of session, and after the our Democratic gubernatorial colleagues of tion of whether there should be a Federal National Governors’ Association meeting this point of view. It was a difficult chal- role in education. there was little hard news for the press to lenge and the outcome was uncertain. At- I want to focus on those three factors of focus on, at least in the domestic arena. So, tempts were made by some to convince indi- politics, competitiveness and the Federal people were free to speculate about the vidual Democratic Governors, and their educational role because they really laid the President’s motives for holding the Summit, staffs, that the Summit was a clever trap de- foundation for much of what has followed, and about the agenda for the meeting. vised by the administration to ensure that both at the State and Federal levels. And, About two weeks after the President had no new resources would go into education. yes, that includes Virginia’s ‘‘Standards of proposed the meeting, the White House an- In the end, we convinced most of the Learning’’ and the Federal ‘‘No Child Left nounced that the Summit would be held here Democratic Governors that the best way for- Behind’’ legislation. at the University of Virginia, and that it ward was an approach that focused on a set would be held at the end of September, about of challenging goals and standards; stringent POLITICS a month later. The fact that we now had a enough that the goals could not be reached Let’s begin with the political dimension. specific set of dates, and a location, only without a major financial commitment at all It is well known that during the 1988 cam- raised the intensity of the debate, as well as levels of government. paign, the then-Vice President Bush had pro- the political temperature. We believed that if we just asked for more claimed that he’d like to be known as the To begin with, Congress was unhappy money, we would lose the public debate; that ‘‘Education President.’’ There was a belief, I about being excluded from the discussion. Up people would not support money divorced think, that this would not only allow him to until 1989, Federal education policy was pri- from results; that both needed to go hand-in- compete for voters the Democratic nominee marily a congressional concern. Presidents hand. was taking for granted, but that it would might express opinions but otherwise were We believed, in short, that the best way to also allow the Vice President to set himself reduced mostly to signing bills passed by obtain additional resources for education apart from President Reagan whose rhetoric Congress. Here was a President who had pro- was to set goals that could not be achieved and budgets, especially in the early years, posed to alter that balance, who made it without those new resources. demonstrated opposition to Federal involve- clear that the Summit was limited to him- So, if one is looking for a reason why the ment in education. self and the 50 State Governors and the Gov- major result of the Summit was a commit- If that was President Bush’s strategy, it ernors of the territories. ment to develop national goals, this is a worked. His opponent in 1988, Massachusetts Congressional leaders, particularly the good place to start. Governor Michael Dukakis, took the edu- chairmen of the education committees, were In the meantime, the Republicans were cation issue somewhat for granted and the outraged—and not just at the President. Re- having their own discussions. Most of them Vice President was able to use it to his ad- lations between Congress and the Governors also revolved around funding, with the ad- vantage. For those who feared a replay of were a little frayed at the time, particularly ministration being wary of calls simply to Reagan-era proposals to eliminate the De- between Democratic Governors and Demo- provide more Federal money. Congressional partment of Education, the new President’s cratic members of Congress. Republicans largely agreed with the new ad- words assuaged their worries. At that Chicago NGA meeting that I ministration in opposing more money, with When President Bush talked of a ‘‘kinder, chaired, 49 of the 50 Governors signed a let- some even wanting to make cuts in edu- gentler’’ administration, many believed that ter to congressional leaders asking for a cation spending. Republican Governors want- he was talking about education. Yet, when moratorium on new Medicaid mandates. ed to be supportive of their President in President Bush went on to observe, in his in- Continued expansion of Medicaid was exact- holding the line against demands for major augural address, that the U.S. Government ing a major toll on State budgets around the new cash infusions, but they also realized had ‘‘more will than wallet’’ in the face of country, and the Governors were asking for a that more resources were required. Some of mounting needs AND mounting deficits, brief moratorium on new mandates in order the most conservative Republicans were con- many worried that he would walk away from to find ways to fully fund what was already cerned that the Summit would all but en- his commitment to education. in the pipeline. shrine a Federal role in education that they Indeed, the first several months of the Congressional leaders were incensed. Con- opposed. Bush administration saw little or no action gressman Henry Waxman, who chaired the In the end, Republican Governors came to in the education area. This was understand- subcommittee in charge of Medicaid, wrote a very similar conclusion as their Demo- able. A new administration was getting orga- to all Democratic Governors accusing them cratic counterparts—that national goals nized, momentous things were beginning to of a variety of sins for their position in sup- would be the best way forward. My impres- happen in Eastern Europe and the Soviet port of a moratorium on new Medicaid man- sion was that they were under much less Union, and pro democracy demonstrators dates. Things were especially tense between pressure from their congressional counter- spent the spring of that year camped out in the gubernatorial wing of the Democratic parts than the Democratic Governors were Tianamen Square in Beijing. party and the congressional wing (in those from congressional Democrats; the pressure In addition, hostages were being taken in days, Democrats controlled both houses of Republican Governors faced came more from the Middle East. The budget deficit was in- Congress). an administration not wanting to be pres- creasing rapidly. There were many serious So, there was the fear that congressional sured into major new infusions of Federal international priorities. That nothing was prerogatives were being stripped away and money. But Governors of both parties ulti- happening on education should not have been anger at Governors, particularly Democratic mately came to similar conclusions prior to a surprise, though the fact did give rise to Governors, for being complicit in upsetting the Summit. some grumbling and increased pressure on this balance. In today’s partisan political climate, this the Bush Administration to do something. Congressional leaders found an ally in the bipartisan consensus seems almost impos- When President Bush came to Chicago in then-Governor of New York, Mario Cuomo. sible to believe. There were many reasons for August, 1989 to address the annual meeting Governor Cuomo, who was also the only Gov- this bipartisan convergence in thinking. of the National Governors Association, there ernor not to sign the Medicaid mandate let- Perhaps it is because Governors have al- was much to talk about—in fact, the major ter, began working with Senator Kennedy, ways been—or at least were then—better story in the news the day he visited con- Chairman of the Senate Human Resources able to work across Party lines than mem- cerned the death of a U.S. hostage taken in Committee, and Congressman Hawkins, his bers of Congress. the Middle East. House counterpart. They wanted Congres- Perhaps it is because Governor Clinton and Indeed, the President broke the news of the sional leaders to participate in the Summit South Carolina Governor Carroll Campbell, hostage’s death to the public at the begin- since Congress would have to fund any Fed- who was the Lead Republican Governor for ning of his speech to the Governors. But dur- eral initiatives, and they were also urging Education, got along so well or because Iowa ing the course of his remarks, he announced Democratic Governors to go to the Summit Governor Terry Brandstad and Washington that he would meet with the Governors in a with an agenda demanding full Federal fund- Governor Booth Gardner, the new Chairman

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.001 S18PT1 S11452 CONGRESSIONAL RECORD — SENATE November 18, 2004 and Vice Chairman respectively, of the Na- that inspired the Education Summit—were At the 1989 Education Summit’s opening tional Governors Association got along so as much external as they were internal. And press conference, I noted that: ‘‘We increas- well, or because we all got along with John they were viewed as quite real, even threat- ingly cannot compete with overseas na- Sununu, who as White House Chief of Staff ening. tions.... The problem is that successful played a major role in Summit preparations. The case for viewing education in this state and local programs are not enough; we Who knows? light was first made with the 1983 publica- need national educational excellence, and a The fact is, however, that the political tion of ‘‘A Nation at Risk.’’ That report com- national commitment to obtain it.’’ needs and desires of both Democratic and Re- pletely transformed the education reform So, the competitiveness issue permeated publican Governors happened to coincide in issue; it began to nationalize the issue, and the political landscape, it impacted every- an important way at that time, and the Gov- it placed education firmly in the middle of thing else. There was consensus across the ernors went in to the Summit pretty much the competitiveness debate. land that we had a ‘‘competitiveness prob- united over the need for fairly aggressive na- Listen to the language in the opening para- lem’’ And education was a part of that prob- tional goals. It was, to resurrect a phrase, a graphs of that report: ‘‘[America’s] once un- lem—and solution. time of harmonic convergence. challenged preeminence in commerce, indus- What did this mean? And what about the White House? As I try, science, and technological innovation is It meant that education could no longer be mentioned earlier, the main political worry being overtaken by competitors throughout strictly a local or state issue. For if we had from the White House was that the Summit the world. . . . [T]he educational foundations a national problem of competitiveness, then would lead to intense pressure for a major of our society are presently being eroded by we needed national solutions. We could not infusion of new Federal dollars. I remember, a rising tide of mediocrity that threatens leave it to chance that every State and local- very specifically, that this was the one non- our very future as a Nation and as a people. ity would properly educate their young peo- negotiable demand from the White House— . . . We have, in effect, been committing an ple; after all, our competitors had not. We the Summit would not be allowed to focus act of unthinking, unilateral educational needed a national conversation about edu- solely on discussions of new Federal money. disarmament.’’ cation, we needed national results. We need- Some on the White House staff wanted lit- Tough stuff. Of course, the intent of the ed—voila—national goals, just like our com- tle more than a statement saying that the words was to jolt the public, the press and petitors had. That’s why the Joint State- President and Governors shared a common our political institutions out of their com- ment issued by the President and Governors commitment to education. Others believed placency and remove the inertia of the sta- at the conclusion of the Summit began with that such a result would be seen as inad- tus quo. The fact that the report came from these words: ‘‘The President and the nation’s equate and would merely confirm the sus- a panel created by President Reagan’s Sec- Governors agree that a better educated citi- picion many had that the entire Summit was retary of Education, Terrell Bell, made the zenry is the key to the continued growth and pure politics. words all the more powerful. prosperity of the United States.... Edu- Well, if the intent was to jolt, it worked. I want to state, by the way, that my belief cation has always been important, but never Within just one year of the report’s release, has always been that President Bush was sin- this important because the stakes have 41 States had toughened high school gradua- cere in his desire to chart a new way forward changed: Our competitors for opportunity tion requirements in line with the report’s in education. This view was confirmed by are also working to educate their people. As recommendations. Thirty-five States had what I observed at the Summit and by con- they continue to improve, they make the fu- raised teacher certification standards, twen- versations I had with the President in the ture a moving target.’’ ty States had increased instructional time months and years after the Summit—includ- And in the introduction to the National and nineteen had improved school discipline ing a visit to Camp David a couple of years Education Goals agreed to five months later policies. later. In this, he had the effective assistance by the President and the Governors, you will In 1986, the National Governors’ Associa- of John Sununu and, later, Lamar Alex- find these words: ‘‘America’s educational tion released ‘‘A Time for Results.’’ This re- ander. But there were some in the adminis- performance must be second to none in the port proposed a series of actions to be com- tration in September, 1989, who advocated a 21st century. Education is central to our pleted by 1991—to strengthen teaching, in- minimalist approach, to say the least. quality of life. It is at the heart of our eco- crease the use of technology and raise the But others at the White House, echoing the nomic strength and security, our creativity level of local educational standards. This re- President, believed that we had the oppor- in the arts and letters, our invention in the port was to be updated each year in a series tunity to achieve more than a ‘‘Mom and sciences, and the perpetuation of our cul- called ‘‘Results in Education.’’ Apple Pie’’ joint statement on the value of Also in 1986, the Southern Governors Asso- tural values. Education is the key to Amer- education. They were no more interested in ciation Advisory Council on International ica’s international competitiveness.’’ committing the administration to major new Education released a report calling for im- The need to fit education into a national Federal spending than the minimalists, but provements in the teaching of languages, ge- competitiveness strategy, combined with the they did believe that we had a golden oppor- ography and other international subjects. political conclusions arrived at by Governors tunity to focus the country’s attention on The report stated: ‘‘By every measure, Amer- of both parties and the White House, forced the need for a shared national goal of edu- icans are not prepared to compete and to a focus on national goals as the way forward. cation excellence. participate in the international market- FEDERAL ROLE Thus was the consensus born that the place.’’ The report continued: ‘‘We, as a na- Finally, let me focus on my third point: Summit would attempt to articulate a set of tion, as constantly surprised by world polit- the concern in 1989 over Federal involvement national educational goals, or at least begin ical and economic events. They occur in in education. a process in which such goals could be devel- places we never heard of, for reasons we do If the political mood and economic impera- oped. not understand.’’ The title of the report? tive seemed to be converging on the idea of So, yes, politics was critically important national education goals, there was still an to how the Summit unfolded and concluded. CORNERSTONE OF COMPETITION unease many people felt about Federal in- But as my UVA friend Larry Sabato likes to In 1987, the National Governors Associa- volvement in education. This had been the say, ‘‘politics is a good thing.’’ And in this tion launched a year-long initiative called subject of considerable debate a decade ear- case, politics led to a shared approach and a ‘‘Jobs, Growth and Competition’’ which fo- lier when the U.S. Department of Education constructive outcome for educational re- cused on a variety of issues, including edu- was created during the Carter Administra- form. cation, that were deemed important to im- proving our international competitiveness. tion. It was the topic of campaign rhetoric COMPETIVENESS In 1989, the National Governors’ Association on the campaign trail in 1980, and it was cer- Let me turn now to my second point, the launched an initiative during my chairman- tainly argued in the halls of Congress on an substantive international policy concerns of ship called ‘‘America in Transition, the annual basis in the early to mid–1980’s when late 1989. International Frontier.’’ The final report President Reagan proposed eliminating the It is hard to remember now, with most of was entitled ‘‘A Competitive Nation.’’ A se- department in his proposed budgets. Europe and Japan stuck in a decade-long ries of earlier reports had focused on a vari- Among those most uncomfortable with the economic funk, but in the late 1980’s the ety of issues, including education. idea of an Education Summit were those who major issue hanging over the education de- But, this competitiveness concern wasn’t were ideologically opposed to the very idea bate—permeating debates over everything in just for Governors. Congress and the Presi- of Federal involvement in education. Many fact—was competitiveness. At the time, the dent got in on the act as well. writers, including William Safire, warned ex- best way to get attention for one’s issue was Congress created the Competitiveness Pol- plicitly that the Bush Administration was to link it to the effort to make the American icy Council and charged it with reporting setting the stage for a large expansion of the economy more competitive on a global basis. yearly on a series of actions that the nation Federal role in education and for national- The book shelves were filled with tomes could take to enhance its competitiveness in izing the issue. written by academics, journalists, politi- transportation, technology, trade, fiscal pol- They were right. cians, sports coaches and others about com- icy and education. In fact, I would argue that the major petitiveness. The White House created a Competitive- achievement of the 1989 Education Summit Education was a major issue affected by ness Council, chaired by the Vice President. was to settle, once and for all, the argument the competitiveness debate. The changes So, this topic was a concern at every level of over a Federal role in education; whether that so challenged the Nation—the changes government. education would be a national issue. The

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.002 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11453 President and the Governors, by agreeing to tional history, educational reform has been a ever to grace this body, TOM DASCHLE the need for national education goals and vital and characteristic part of the American of South Dakota. agreeing on a strategy for developing those impulse. We have always believed that we Unsurprisingly, I am sure I have goals, had agreed upon a framework. There can, by the force of our own imagination and known TOM longer than anyone here. I WOULD be a Federal role; education WOULD determination, improve tomorrow by im- vividly remember his first campaign be a national issue, addressed with national proving ourselves and our children. solutions. But, never has it been more important that for Congress in 1978, the same year I It meant that educational decisions would our traditional convictions give rise to delib- ran for the South Dakota House of no longer be settled solely at the local level. erate action. Representatives for the first time. We It meant that legislative deliberations at the If ignorance is the enemy of democracy, in were two young candidates, almost the State and Federal levels would become rel- an international economy, ignorance could same age, recent graduates, the same atively less important, and executive deci- well be an invitation to national decline. In year, of South Dakota colleges. While sion and vision relatively more important. 1989, it was clear and apparent that the time we were running for very different of- That’s what happens when results are re- had arrived for us to put ourselves on the fices, I felt an immediate bond with quired; when speeches, money and programs spot, That was the message I heard in Char- him at that time. are just not enough. lottesville, TOM’s first race for Congress was in This all seems like conventional wisdom Accountability and the measurement of today, but we can easily forget it was not al- student performance, we declared, must be many ways predictive of the career ways so. The 1989 Summit had a real impact, an integral part of our educational process. that would follow. He was then, and far beyond the imagining of those of us privi- Indeed, Charlottesville portended a signifi- still is, the hardest working, most fo- leged enough to have participated. It fun- cant shift in our approach to education: cused person I have ever met in any damentally changed the balance of political From here on, we said that we are going to sphere of my life. That year he power on education issues, and it national- be increasingly measured by more than the knocked on more than 40,000 doors, per- ized education policy in a way few would resources we invest. Instead, we declared sonally asking South Dakotans for have conceived just a few years earlier. that we are going to be questioned and exam- their vote. I can tell you, knocking on CONCLUSION ined on the progress our students achieve— 40,000 doors in the middle of a South or fail to achieve. When the President called for a Summit Dakota winter is a real challenge. with the Nation’s Governors to discuss edu- Frankly, I think that is how it should be— TOM looked so young he was once cation, many observers may not have known for there is too much at stake for it to be what to expect. I don’t recall any of the Gov- otherwise. mistaken as the paperboy at one of ernors believing beforehand that, while we In 1989, the President and the governors those doors—a woman asked how much agreed on the need for national goals, we joined efforts to ensure that America be- money she owed him. I have a photo I would settle the argument over Federal in- comes a Nation resolved to using education cherish to this day of TOM and me to- volvement in education, or that we would as the best means for shaping the future. The gether during that first campaign, both shift the Federal focus on education from reason we are here today is to assess our na- of us looking like we were 14 years old. one end of Pennsylvania Avenue to the tional performance since 1989. Where are the It makes you wonder how anyone voted other. benchmarks of progress? Where are the for either of us at that time. guideposts for confronting the challenges? I do recall a great deal of skepticism and I remember watching the election re- criticism from outside observers, especially Our speakers and panelists today are here Congress and the press. But I do not recall to help us make those assessments. I share turns coming in for TOM’s campaign anything but the most constructive attitude your interest in their opinions of how far we that evening and it didn’t look very being expressed by any of the principal par- have come, and I am confident that they will good, frankly. In fact, when I went to ticipants. And, by the way, this was a meet- focus our attention on the significant chal- bed that night I was almost certain he ing of principals, very few staff aides were lenges at hand. had lost. It was only when I woke up permitted much of a role at all. Today, as in 1989, we recognize that we that I found TOM was only behind by 50 It is worth noting, by the way, that the have a lot of work to do, and we should al- votes with a recount certain, and as it participants—despite all of the good will and ways keep in perspective that all of our edu- turned out, he was certified the winner convergence of thinking on the value of set- cational goals, commitments and resources ting national goals—did not settle on spe- come down to two fundamental points: officially by 14 votes out of 130,000 cific goals at the Summit. We agreed on the First, education’s role as a transmitter of votes cast. Who would have dreamed need for goals, and, in general, what those civilization’s knowledge and values must not that such a close victory in South Da- goals should address. The actual goals them- be diminished. It is part of the glue that kota would have been the beginning of selves, however, were not developed until binds together the fabric of our society. such a distinguished career? several months later. Second, education is, also, increasingly, In the intervening years, I watched But, for the first time, the President and the engine that drives the American econ- with admiration while TOM’s career ad- Governors were discussing on a national omy—our economic future depends upon our vanced in the House of Representa- level a series of important questions. Many ability to compete, but our ability to com- tives. He was a natural leader, and I do of these had long been discussed and debated pete depends upon our ability to educate. It in the States, and particularly in the South- is just that simple. not believe that many who knew him ern Regional Education Board states. These Thank you. I look forward to the rest of were surprised, in 1986, when he decided questions included, among others: the Conference. to run for the Senate, taking on the Intervention: Could we do a better job of Mr. ALEXANDER. Mr. President, I same man who, 6 years previously, de- preparing children for first grade? suggest the absence of a quorum. feated Senator George McGovern, an Dropout rates: Could we slow the tide? institution in our State. Adult literacy: Could we put a dent in it, The PRESIDING OFFICER (Mr. It was far from an easy race, but TOM even eliminate it? CHAMBLISS). The clerk will call the prevailed in the end, and his leaving Teacher quality: Could we motivate and in- roll. his House seat opened it for my elec- spire it? The assistant legislative clerk pro- Decentralized management: Could it tion that year as well. It was the cul- ceeded to call the roll. produce better results? mination of those two elections which And, parental choice: Could this be a work- Mr. JOHNSON. Mr. President, I ask led to an extremely close working rela- able technique or just the latest fad? unanimous consent that the order for tionship but also to a very close friend- In the end, it was a focus on such questions the quorum call be rescinded and I be that formed the basis of the goals and the ship. recognized to speak in morning busi- I have spent the last 18 years work- national education policy that we know ness. today. ing side by side with TOM DASCHLE. I I believe the Education Summit was, to The PRESIDING OFFICER. Without cannot imagine a better partner with paraphrase Winston Churchill, the ‘‘begin- objection, it is so ordered. whom to work. He is, as I mentioned ning of a new beginning’’ in education pol- f earlier, the hardest working person I icy. I believe the way we think, as a Nation, have ever known. He is also the most about the goals and objectives of education TRIBUTES TO RETIRING SENATORS patient person I have ever known, as began to change in September, 1989. well as unfailingly generous—qualities Unsurprisingly, we did not find all the an- TOM DASCHLE swers at the Summit. But we were asking that served him very well as Senate the right questions—and for the first time, Mr. JOHNSON. Mr. President, it is Democratic leader, an extremely de- we were asking them as a Nation. with great sadness that I rise to bid of- manding job. In one sense, this should not have been all ficial farewell to one of my best friends There have been fewer than 2,000 Sen- that surprising, because throughout our na- and to one of the greatest Senators ators who have served our Nation in

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.003 S18PT1 S11454 CONGRESSIONAL RECORD — SENATE November 18, 2004 this body, but there never has been one they would like to get rid of something of beef approved for processing was in- who cared as much or worked as hard called country-of-origin labeling for fected with bacterial blood infection. for his home State as TOM DASCHLE. I meats and vegetables. This is a law The problem is not limited to the can list his many and varied accom- that has been previously enacted by Mexican plants. This is one plant in plishments but I would be here for the Congress saying that consumers Mexico. Incidentally, this plant was hours and that would not serve the pur- have a right to know where their meat shut down, then reopened under an- pose of this farewell. It was the Greek and vegetables come from. So a Mem- other name, and to my knowledge has philosopher Plato who said, ‘‘The ber of the House and the Speaker of the never again been inspected. measure of a man is what he does with House and the majority leader of the Mr. President, by unanimous consent power.’’ And it is that test that so House have indicated they would like let me ask to show this piece of beef clearly shows the character and the hu- to find a way, in these waning days, from a supermarket. manity and the values of TOM DASCHLE. perhaps in the Omnibus appropriations The PRESIDING OFFICER. Without objection, it is so ordered. TOM never used the power that he had bill, to repeal the requirement to es- Mr. DORGAN. Mr. President, no one attained for self-aggrandizement. He tablish country-of-origin labeling for knows where this comes from. No used it to build a better South Dakota, meat and vegetables. Member of the Senate will know where and a stronger America. Country-of-origin labeling is now the this originated. Did this come from the He has always realized that our coun- law of the land. The Secretary of Agri- Mexican plant I just described? Does it try works best when people have an op- culture has been dragging her feet for come from a French plant that was portunity to live up to their own po- some long while in implementing it. also inspected and contaminated? Does tential, when our children are not While she was dragging her feet, the this come from one of those plants, or shackled by poverty and lack of edu- Congress decided to extend the time for does it come from a domestic source in cation, when our people who need a implementation, so that time was ex- this country in which inspection, we helping hand are given one, and when tended over the objection of many of know, is rigorous? Does it come from a our older Americans are able to live us. My colleagues, Senator DASCHLE, domestic source where we have farmers out the balance of their lives with dig- Senator JOHNSON, and many others and ranchers who produce the best sup- nity. The truth is, if it weren’t for TOM here in the Chamber objected to that. ply of meat available in the world? DASCHLE and his untiring work, there But, nonetheless, it was done last year Where does this piece of beef originate? are children who would not be educated in one of these omnibus bills. No one knows. Consumers deserve to and families who would not be housed If those who are making decisions know. They have a right to know. and vulnerable people who would be about what to put in omnibus bills The country-of-origin labeling re- uncared for. these days decide they want to repeal quirement passed by the Congress will TOM DASCHLE’s priorities and values the country-of-origin labeling law in an give them the opportunity to know, have been the priorities and values of omnibus bill this year, they will do a but some of our colleagues around his strong family and his devout faith. great disservice to American con- here, hailing the call of the big packing It was Jesus Christ who said: sumers. They will pull the rug out from plants and others, decide now they under farmers and ranchers in our Inasmuch as ye have done unto one of the want to try to repeal that. Maybe, just least of these, my brethren, ye have done it country. Why? Because the fact is, we once, this place can stand up on the unto Me. produce the highest quality food in the side of farmers and ranchers and con- world. And no matter what level of accom- sumers, just once, and ignore the call Consumers want to know where their plishment and power TOM DASCHLE at- of the bigger economic interests who food comes from. Almost any consumer tained, he never forgot the ‘‘least of say: Let’s not do this. We clearly in this country can take a look at his the people’’ who Christ referenced. should do this. While we will no longer have TOM or her T-shirt or their shoes, and on Labeling is important. Labeling em- DASCHLE to lead us in this body, we are the label it will say: Made in the U.S.A. powers consumers. Labeling protects both instructed and warmed by the ex- Made in China. You will find out ex- American producers who are producing ample he gave us during his 26 years in actly where it was made. We know the best quality food at the lowest dis- his congressional career. He and his where shirts come from, and we know posable income of any country in the wife Linda have made an extraordinary where shoes come from because it is all world. So my message to those who are team and will always be among the labeled. But meat is not labeled. The now sauntering around the Chambers closest of friends to my wife Barbara law requires it to be, but it is not at watching this Omnibus appropriations and me. I will never serve with a man this point. So the question is, Will this bill be put together is this: It would be I admire more than TOM DASCHLE, and law remain, and will it, in fact, be im- a very foolish mistake to believe that it is with very great sadness that I say plemented, or will it not? the Omnibus appropriations bill goodbye to his presence in this body. We had a U.S. Department of Agri- should, without any debate, carry a But more than anyone I have ever culture report about the condition of provision that would repeal something served with, or ever will serve with, he meat that has been imported into this Congress has already done that will has given glory and meaning to the country. And I would like to just show give people the right to understand term ‘‘United States Senator.’’ a couple of comments from that report. where their meat and vegetables come I yield the floor. I suggest the ab- The report was talking about condi- from, where the origination point is for sence of a quorum. tions inside a meatpacking plant in the vegetables and the meat that is The PRESIDING OFFICER. The Hermosillo, Mexico. That plant in Mex- being consumed by the American peo- clerk will call the roll. ico supplied raw beef to the American ple. The legislative clerk proceeded to consumers. It had never been inspected If, in fact, the majority party decides call the roll. and was finally inspected once. Here is to do this—as I indicated, one Member Mr. DORGAN. Mr. President, I ask what they found. They found: of the U.S. House especially is pro- unanimous consent that the order for ‘‘Shanks and briskets were contaminated posing it. It has been, it is reported, the quorum call be rescinded. with feces.’’ supported by the Speaker of the House The PRESIDING OFFICER (Mr. AL- A U.S. Department of Agriculture of- and the majority leader of the House. If EXANDER). Without objection, it is so ficial wrote of his tour of the plant: they move in this direction, it will be ordered. ‘‘In the refrigerator a disease-condemned a very serious mistake, in my judg- f carcass was observed ready for boning and ment. distribution in commerce . . . Paint and con- f COUNTRY-OF-ORIGIN LABELING densation from dirty surfaces were dripping FOR MEATS AND VEGETABLES on the meat.’’ INTERNATIONAL TRADE DEFICITS Mr. DORGAN. Mr. President, in re- The official found that workers were Mr. DORGAN. Mr. President, I would cent days there have been news reports literally walking on the beef that was like to, on another subject, speak for about our colleagues on the other side going to be approved for export to the just a moment about the area of inter- of the Capitol Building deciding that United States. They found that a side national trade.

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.028 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11455 Yesterday, the Senate approved an get it in. So, therefore, the workers are of paying taxes in the United States. increase in the debt ceiling by $800 bil- concerned that the company is now Therefore, they do business through a lion. That is the fiscal policy debt, that going to begin processing operations in mailbox in a tax haven country. They is the amount of money that is spent China. Why? Because China insists on can set up a business in the Grand Cay- over that which is collected in reve- it. man Islands or the Bahamas. In some nues. That means our kids and Well, look, that violates the World extreme cases, they have even decided grandkids assume this responsibility. Trade Organization. they want to renounce their American It is Federal debt. That does not come as a shock, of citizenship to avoid paying their tax The budget deficit is the highest in course. There is a systematic violation obligation to the United States, in history. This is a completely, thor- all the time, by these countries that what is known as an inversion. oughly irresponsible fiscal policy. decide they want to ship all of their In addition to that, we now have There is no question about it. Oh, I products to the United States, but they company after company—and all you know people say we have had economic want to keep their markets closed to have to do is open up the Wall Street slowdowns or recessions or wars or ter- us. That means our good jobs are leav- Journal every day to see it—doing rorism and this and that and the other ing, not coming. something called outsourcing. That thing. There are a lot of reasons for it, one means taking American jobs and mov- Look, we have had that for a century. of which is we have had incompetent ing them somewhere else in the world, But we have never had the size of the trade negotiators under Republican where it is cheaper. Instead of doing deficits we have now had in times like and Democratic administrations, com- business in America, paying American this. As far as I know, we have never pletely incompetent. They think their workers $10, $15 an hour, they can per- before decided to fight a war with bor- job is to negotiate agreements, the haps do it in Sri Lanka, Bangladesh, rowed money and ask generations that more the better, and they don’t care Indonesia, or China. I have described at come after us to pay for it. what’s in them. If they don’t get an length on the floor of the Senate the But I want to talk about another agreement, they think they fail. So fact that Huffy Bicycles decided to do debt that is growing, and it is larger they negotiate an agreement, and give that, and the little red wagons, Radio than the fiscal policy indebtedness that away the store. Flyer wagons—that firm was in Amer- we have. And that is the foreign debt, We just negotiated a bilateral trade ica for 100 years. They decided to move production elsewhere. Why? Because which arises from trade deficits. This agreement with China. Do you know they can pay sub-minimum wages. chart goes back to 1998. I could go fur- what our negotiators agreed to? On Huffy Bicycles used to pay $11 an hour ther. It shows that we have the largest automobile trade, they agreed to this: to American workers. They got fired trade deficits in history, by far. Last After a phase-in, China can impose a because they were too expensive. You month, it was $54.1 billion, the third 25-percent tariff on U.S. automobiles can make them for 30 cents an hour in highest in history. You can see where sold in China, and we will impose a 2.5- China, and you can work those people 7 it is going. It is growing and growing percent tariff on any Chinese vehicles days a week and 12 hours a day. and growing. sold in the United States. Let me say So we have what is called Last month alone, the trade deficit that again. Our negotiators agreed outsourcing. American companies are with China—just one country—was $15 with China that we would allow them outsourcing jobs. That is a fancy term billion. Now, nobody talks about this. to impose a tariff 10 times higher than that describes the firing of American Nobody seems to give a rip. Some peo- the tariff we would impose on them in workers, in most cases, and employing ple apparently think this will have no reciprocal automobile trade. overseas workers to do the same job at Now, what on earth would possess ne- consequence for this country or its a fraction of the price. long-term prognosis. But they are gotiations to result in that, with a What’s even more nuts is that our wrong. This trade deficit is dangerous country with whom we have a very tax code provides incentives for and will be debilitating to the coun- large trade deficit? outsourcing. That’s right, when a com- try’s economy unless we do something We know China is ramping up an pany wants to outsource, when a com- about it. automobile industry and an export pany wants to shut down their plant in Month after month after month we automobile industry, and we now have South Carolina or in Ohio, and do that see these reports. And on this chart, a trade agreement with them where production in China, we say to that this red ink has everything to do with our negotiators said it is all right to company: We have a treat for you. Get jobs, which define the quality of life in have an imbalance that is tenfold in re- rid of your American workers, shut this country. There is no social pro- ciprocal automobile trade. down the plant, move the whole thing gram in this country that is as impor- What does that mean? To strip all to China and you can get a special tax tant as a good job that pays well, that the varnish from it, it means it is all break. gives someone an opportunity to go to right with our negotiators for Amer- I happen to think that is absolutely work, have some security, have bene- ican jobs to be obliterated and Chinese nuts. What kind of a country provides fits, and take care of their family and jobs created on automobile trade. That a tax incentive for its companies to get have a good life. The expansion of jobs might be all right with some unnamed rid of American workers and employ and opportunity in this country will trade negotiator, but it is not all right foreign workers? What kind of a coun- determine what kind of a country we with me. Whoever negotiated that was try’s tax system does that? This coun- have, what kind of opportunity exists fundamentally incompetent. try’s tax system does it. Yes, we voted for our kids and our grandkids. And We have some companies these days on that. I offered an amendment to jobs are leaving the country. that are not American companies. Oh, close that insidious loophole, that per- Yesterday, I had a call from some they are American in terms of charter. version in the Tax Code. Guess what. I American workers. I will not describe They get a charter, a corporate char- lost in the Senate. the company. They are workers for a ter, that allows them to become an ar- Here’s something else. In a recent company that produces a great prod- tificial person, be able to sue and be bill, the Senate Finance Committee, in uct. They want to sell that product in sued, and to contract and be contracted conference, decided that U.S. compa- China. with. They have all the rights of peo- nies who have foreign controlled sub- Now China has a $15 billion monthly ple, except they don’t die. They can go sidiaries and have not repatriated their surplus with us this past month. They broke, but they will never die. These overseas earnings to the United States ship us their shirts, their shoes, their artificial people are responsible only to will be able to repatriate that income trousers, their trinkets. They ship it their shareholders. at a tax rate of only 5.25 percent. Well, all to us, and we buy it. But can we get These companies have decided they I have a lot of constituents who would our products into China? would like to have all the benefits of love to have that tax rate. Wouldn’t These workers say they’ve been told doing business in the United States as that be a wonderful thing? If it is good that to have their product be sold in American companies, and all the pro- enough for the biggest companies, China, it has to have a 40- to 50-percent tection that exists from that, except which outsourced jobs, it ought to be Chinese content, otherwise you cannot they don’t want to have the obligation good enough for all Americans.

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.031 S18PT1 S11456 CONGRESSIONAL RECORD — SENATE November 18, 2004 Ma Ferguson was Governor of Texas there some basic set of standards, or is American jobs going overseas. Let’s once and was involved in a debate this a race to the bottom to have us not reward companies that move our about the English-only language back compete with that sort of situation? jobs overseas. Stop it; stop it now. It is in the 1930s. She had a press conference I held a hearing not too long ago a baby step to decide to shut down that and held up a Bible and she said, ‘‘If with some young women from Hon- tax incentive. English was good enough for Jesus, it duras working in a sweatshop making We did not get it done this time. I is good enough for Texas.’’ It is the designer shirts, for a very prominent lost that vote. But I am relentless, and good-enough theory, I guess. The 5.25- American label. They were working I will again be on this floor the minute percent tax rate is good enough for cor- under incredibly abusive conditions. we return in January demanding once porations that moved American jobs The story is the same all over. again an opportunity to debate and to overseas. Why is a 5.25-percent tax rate People talk about this being free vote on this issue. This is about Amer- not good enough for people named trade. Look, this is simply a sea of red ican jobs. It is about hope and oppor- Johnson and Olsen? Why is 5.25 percent ink, a trade deficit that is weakening tunity in this country. It is about ex- not good enough for everybody? this country, and we have not paid any panding this great American experi- Why is it that this Congress, when it attention to the rules of trade that ment, and this issue, I assure you, will looks at these issues, won’t even take a would begin to stop this. We had better not go away. baby step in the right direction? We wake up and decide that our interest is Mr. President, I yield the floor. are hemorrhaging good jobs in this to be protective—and, yes, I use that The PRESIDING OFFICER. The Sen- country. This is a race to the bottom. word even though it is a pejorative ator from Oklahoma. We fought for a century about impor- word these days—protective of the eco- f tant things. We fought for a century nomic interests of this country. We TRIBUTES TO RETIRING about the right of workers to organize. must do that. SENATORS It is a very important right in Amer- I spoke of Lech Walesa. Let me de- ZELL MILLER ica. It was a similar fight that lit the scribe his speech to a joint meeting of Mr. NICKLES. Mr. President, I wish the Congress, one of the most remark- fuse that caused freedom all over East- to make a couple of comments regard- able moments I recall in my service ern Europe. Lech Walesa led that fight, ing the departure of one of our col- the right to organize. People died in here. leagues, Senator ZELL MILLER. I have He told us about a Saturday morning the streets on that issue—the right to had the pleasure of working with Sen- say that we are not going to have 12- in a shipyard in Gdansk, Poland, when, ator MILLER for the last several years having been fired as an electrician in year-old kids working down in a mine, and I think the world of him. He comes that shipyard, this unemployed elec- or in a factory. Child labor laws, safe from a great line of fantastic Senators trician was leading a strike against the workplace laws—a whole range of from the great State of Georgia. issues. We fought for a century to cre- Communist government demanding When I was first elected, I served ate safe workplaces, child labor laws, rights for the labor movement in Po- with Senator Sam Nunn and Senator minimum wages, the right to organize, land. Mack Mattingly. Both were very good all of these issues, which have, in my He said they grabbed him that Satur- friends. Both were outstanding Sen- judgment, made this a better place. day morning and began to beat him. ators. Senator Paul Coverdell, a very The fact is, there are American com- The Communist secret police grabbed good, close friend of mine, served in the panies now that simply pole-vault over him and beat him severely and threw Senate for a little over a term and, un- the issues and say we don’t have to him over the barbed wire fence at the fortunately, had a very sudden illness edge of the shipyard. He laid there, worry about that, about hiring kids. and passed away. ZELL MILLER was ap- We can hire kids, we can hire 12-year- having been beaten severely, face pointed to take his place. olds, work them 12 hours a day, pay 12 down, bleeding in the dirt. He said he I remember thinking at the time that cents an hour, and we don’t have to wondered while laying there, this un- Paul Coverdell was a great loss to the worry. How do we do that? We hire employed electrician having been beat- Senate. I believe that today. He had a them overseas, hire them elsewhere. en severely, what to do next. Well, he great future in the Senate. He was ac- That means those who have to compete picked himself up, and climbed right tually elected to the Senate leadership, in this new world order have to com- back over the barbed wire fence, right which was very unusual for his first pete with countries that have decided back into the same shipyard, to con- term in the Senate. Paul Coverdell was they are going to make it illegal for tinue the fight. Ten years later this un- one of my closest friends. I really did workers to organize. You have to com- employed electrician was announced at mourn his loss. pete with 12-year-old kids who are paid the door of the U.S. House of Rep- I did not know his replacement ap- 12 cents an hour. resentatives as the President of his pointed at that time, ZELL MILLER, but If you wonder whether that is hap- country, the President of Poland. I got to know him very quickly. I grew pening, I can show you stories. There is This was not an intellectual, not a to know him, respect him, and admire one about a woman named Sadisha, scholar, not a diplomat, not a soldier, him as a patriot and as a Senator. He who is making tennis shoes for 16 cents but an unemployed electrician with un- did a fantastic job in service not only an hour. This is an hour and a half of common courage. He said this to us: to his state of Georgia but, frankly, to labor in a pair of tennis shoes that We didn’t have any guns. The Com- this country. He made a valued, posi- comes to our store shelves for $80 a munists had all the guns. We didn’t tive, and considerable impact on the pair, and Sadisha’s pay is 24 cents for have any bullets. The Communists had Senate and, frankly, on our country. I making the tennis shoes. all the bullets. We were armed only will talk about that for a second. You think that doesn’t happen? It with an idea, a powerful idea: People I remember he was a real leader in does. I can tell you stories about the ought to be free to choose their own passing the Homeland Security legisla- kids in India who were making carpets, destiny. And then he said: Ideas are tion. That was very tough legislation. who came to this country and testified more powerful than guns. It passed by a very narrow margin. We before the Congress about the condi- There was a lot of applause that day, did that in his first year in the Senate. tions in which they worked. The people and appropriately so—applause of cour- He supported efforts to enact tax re- they worked for took gunpowder and age, the progress towards freedom and form. I was chairman of the Committee lit the gunpower on the children’s fin- labor rights in Poland. But around on the Budget in 2003, and we passed a gertips to create scarring, so these lit- here, we seem to have short memories. budget, frankly, by one vote. ZELL MIL- tle kids could be employed to sew these We are trading away our hard-won LER’s vote helped make it happen. We carpets. And the carpets were sent to rights. had about 80 something amendments to our store shelves so we could buy them, The first baby step we should have the budget during consideration of the and congratulate ourselves on the low taken in this Congress we decided not budget process. ZELL MILLER was with prices. to take. I offered an amendment, and it me on every one. He cosponsored the Is there an admission price to the was defeated, to stop the perverse and budget. He was my principal cosponsor American marketplace? Is there? Are insidious tax breaks that incentivize of that budget.

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.034 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11457 That budget enabled us to pass the have new jobs being created. There are people are not aware of that. Many of tax relief we did later that year, the positive signs. A lot of that happened his bills have become law. In many economic tax reform bill of 2003. That because of the courage and conviction cases, he is a quiet legislator. He is ef- bill made a lot of changes, I might add, of the Senator from Georgia. fective and he gets things done. a lot of positive changes, that would I said Paul Coverdell was my friend. He is on the Appropriations Com- not have passed had it not been for He has certainly been missed in this mittee. He has had his fingerprints on ZELL MILLER. He cosponsored that bill Senate, and that is a fact. I will also a lot of legislation. He is chairman of with me. I was honored the President say that ZELL MILLER is my very dear the Indian Affairs Committee. That asked me to sponsor it, and I was hon- friend and he will be missed in the Sen- committee considers a multitude of ored to ask ZELL MILLER if he would ate. He only served for a few years in issues. Some of us kind of moved cosponsor it with me, and he did. the Senate, but he had a great impact, around and made way for him to be- We defeated a lot of amendments de- a very positive impact, not only on come chairman of that committee. We signed to gut the legislation, and we taxpayers, and the country but to our thought it was very special to have a passed the budget. Again, we passed it body politic, the body of the country. Native American become chairman of with the Vice President breaking the As a patriot, a former marine, former the Indian Affairs Committee for the tie. It would not have passed without mayor, former State senator, former first time. ZELL MILLER’s leadership, without his Lieutenant Governor, and as a former He is unique from the standpoint sponsoring the legislation. Governor, he had enormous impact. that he rides a Harley. He has a great What did that legislation do? It made He was a speaker at the Republican love for the West. a difference on every American tax- National Convention. I told him his I think he has made a valuable, im- payer in this country. That legislation speech wasn’t so much that of a Demo- portant contribution to this body, the allowed us to have a $1,000 tax credit crat or Republican; his speech was that Senate. per child. That legislation allowed us of a patriot who was speaking out He has represented his State of Colo- to expand and provide marriage pen- strong because he believed strongly in rado very well. Colorado has had some alty relief. For a couple making $58,000, this country. You could see it. You great Senators. Bill Armstrong was one marriage penalty relief boiled down to could sense it. You could believe it. of my favorite Senators and one of my about $905. That passed because ZELL I am very proud to have ZELL MILLER mentors. WAYNE ALLARD is another MILLER stood with us on that legisla- as my friend. He and his wife Shirley outstanding Senator from Colorado. tion. have been a blessing to this body and a BEN NIGHTHORSE CAMPBELL certainly It also allowed us to reduce the cap- blessing to this country. I thank God falls in that role of being an out- ital gains tax rate from 20 percent to 15 for the fact I had the opportunity to standing Senator. I think he and Linda percent. It allowed us to say that we serve with him and the fact that he both will be missed in this body, the would not double tax corporate divi- served in this body. I think our country Senate. dends, at least not as punitively as we is much better for it, and I wish him I congratulate him and Linda for did before. We reduced the corporate every good wish in the years ahead. their many years of service going all tax on dividends. Actually, the bill we I yield the floor, and I suggest the ab- the way back to the military, to the passed in the Senate had zero double sence of a quorum. State legislature, to serving in the taxation. The bill that came out of The PRESIDING OFFICER. The House of Representatives, and now 12 conference was 15 percent, instead of clerk will call the roll. years in the Senate. He has given a lot the ordinary rates. That is a big and The assistant legislative clerk pro- of public service to this country, and positive change because this country, ceeded to call the roll. given it well. He has served well. As unfortunately, taxed distributions Mr. NICKLES. Mr. President, I ask the Bible says, ‘‘Well done thou good from corporations higher than any unanimous consent that the order for and faithful servant’’. He has certainly other country. We are tied with Japan the quorum call be dispensed with. done that. He has made the State of at a net effective tax rate of 70 percent. The PRESIDING OFFICER. Without Colorado very proud and, frankly, the Why would corporations distribute objection, it is so ordered. country very proud. The Senate is bet- earnings to their owners if the Govern- BEN NIGHTHORSE CAMPBELL ter off for his service. I congratulate ment would get 70 percent? Many did Mr. NICKLES. Mr. President, I wish him for his service. not. They would accumulate earnings, to make a couple of comments regard- The Senate will miss the services and the laughter of BEN NIGHTHORSE CAMP- hide the money, or do something dif- ing my very good friend, BEN BELL. I compliment him for his service. ferent with them. We passed that legis- NIGHTHORSE CAMPBELL, who is retiring I yield the floor and suggest the ab- lation, and now people are paying divi- with me at the end of this session. Sen- sence of a quorum. dends. ator CAMPBELL is a unique Senator. All The PRESIDING OFFICER. The Microsoft announced a multibillion- Senators are unique, but he is espe- clerk will call the roll. dollar distribution because of that leg- cially unique. He is a very special Sen- The assistant legislative clerk pro- islation. We tax it now at the indi- ator, the only Native American pres- ceeded to call the roll. vidual rate, 15 percent. When we start- ently serving in the Senate and he is Mr. BAUCUS. Mr. President, I ask ed marking up that legislation, the chairman of the Indian Affairs Com- unanimous consent that the order for Dow Jones was at 7,700. Today it is mittee. the quorum call be rescinded. over 10,500. That legislation made a dif- He has a very distinguished career. The PRESIDING OFFICER. Without ference. That legislation passed be- He was in the Air Force. He served in objection, it is so ordered. cause ZELL MILLER stood with us on Korea. He served in the State legisla- f the floor to pass that legislation. ture. He served in the House of Rep- It is not too often you can actually resentatives. I believe he was elected in DR. HARRY FRITZ say you passed legislation that made a 1986. He was elected to the Senate as a Mr. BAUCUS. Mr. President, I rise real and positive impact. There are Democrat in 1992, 12 years ago. He was today to honor a distinguished man over two million jobs that have been reelected in 1998. In March of 1995, he and educator, Montana’s 2004 Professor created in the last 14 months as a re- had the courage and the conviction to of the Year award winner, Dr. Harry sult of that legislation. I believe the change parties. That is not easily done. Fritz. President signed it in June of 2003. It He did it and I greatly respect him and Harry was born in the State of Mary- has been almost a year and a half now, admire him for that, but also for his land, but he graduated from Missoula and a couple of million jobs have been service to our country. County High School in Montana in created since we passed that legisla- He is a jewelry designer. 1956. He attended Dartmouth College to tion. The economy is moving. Revenues I have had the pleasure of knowing earn his bachelor of arts degree. Har- are coming into the Government. The BEN NIGHTHORSE CAMPBELL and his ry’s relationship with the University of deficit is $100 billion less than esti- wife, Linda, fairly well for the last 12 Montana, located in Missoula, began mated previously, 9 months ago, be- years. I have great respect for him. He when he attended the university to get cause, there is economic revival. We do has passed a lot of legislation. A lot of his master of arts degree.

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.036 S18PT1 S11458 CONGRESSIONAL RECORD — SENATE November 18, 2004 After earning his Ph.D. from Wash- ities that he has served his State and State. From what I understand, he was ington University in St. Louis, Harry this Nation. an outstanding Governor. Senator HOL- returned to the University of Montana, Harry Fritz is another who believes LINGS would be outstanding in any of- and that is where he has hung his hat in service. I think it is important to fice in which he would ever serve. He ever since. honor and recognize people such as earned a reputation as the education Harry is the chairman of the Depart- Harry, because the more Harry Fritzes Governor because he raised teachers’ ment of History and a full-time pro- there are in this country, in this world, salaries, launched new and innovative fessor at the University of Montana. He by far, the more quickly we are going educational programs, including a su- exemplifies the type of professor Mon- to solve some mutual problems. perb technical training program, and tana has come to expect from its high- I again pay my highest compliments set up a commission that improved the er education community. He is a first- to a wonderful friend, a terrific man, State’s higher education system. rate guy. He is just aces. He is an edu- and one of the best professors any stu- In 1966 he was elected to the Senate. cator who meets the highest standards dent could ever have, Professor Harry Here he has stayed for 38 years. I am of professional excellence. And he is a Fritz. glad he stayed. He has been a very student’s teacher. He connects with Mr. President, I yield the floor and colorful Senator, an outstanding and students and draws them into our Na- suggest the absence of a quorum. outspoken Senator with a booming tion’s history. The PRESIDING OFFICER. The voice. I might say, I first met and knew clerk will call the roll. The stentorian voice could be heard, Harry Fritz back about 1972, some- The assistant legislative clerk pro- I am sure, throughout this Chamber, where in there, when I was practicing ceeded to call the roll. without a public address system. When law in Missoula, MT, and was running Mr. BYRD. Mr. President, I ask unan- he first came here we had no public ad- for the State legislature. Professor imous consent that the order for the dress system in the Senate. When I Fritz and a couple friends of ours would quorum call be rescinded. first came here, we had no public ad- get together about every couple, three The PRESIDING OFFICER. Without dress system in the Senate, but we had weeks and have pizza and beer. We objection, it is so ordered. Senators who could be heard. It was a called ourselves the ‘‘Beer Com- f practice in those days for other Sen- mittee,’’ and Harry was head of the ators to gather closer to the Senator TRIBUTES TO RETIRING Beer Committee. It was a super bunch who was speaking. It was also a prac- SENATORS of friends. We would talk about the tice for other Senators to be informed world’s problems and service and what FRITZ HOLLINGS when a new Senator was going to needed to be done for Montana and the Mr. BYRD. Mr. President, the end of speak. New Senators did not speak the Nation. It was, in many respects, the the 108th Congress marks the end of an first week or the first month, but only enthusiasm and knowledge of Harry era. It marks the end of a remarkable after several months did they speak. Fritz that got me interested in public career of a remarkable man. Before they spoke, the word went service. He is that kind of a guy. I will not say goodbye to Senator around that so and so was going to de- I might also say, he has a wonderful HOLLINGS. His personality, his sense of liver his maiden speech or her maiden sense of humor. He is a tall man. He humor, his achievements, his legacy speech. In those days there was one looks a lot like Abe Lincoln. When he will forever be a part of this Chamber. lady in the Senate, Margaret Chase puts on his beard, he portrays Abraham But I do take a few minutes of the Sen- Smith of Maine. But we didn’t have Lincoln and performs little skits. As a ate’s time to thank Senator ERNEST any public address system. history professor, he is able to bring HOLLINGS. I recall when we started to discuss President Lincoln and lots of other as- I thank him for being an outstanding having a public address system in the pects surrounding President Lincoln Senator. I thank him for his service to Senate, I was opposed to it. I wanted into his classes at the University of our country. I thank him for being a the Senate to remain the Senate of the Montana. friend. I have been honored to call him decades that had preceded our own I might say, too, his classes are al- my colleague for almost 40 years. times. ways the first to be fully subscribed. The man who is destined to become a But he was colorful and he was a Sen- People want to go to Professor Fritz’s legend in the political history of South ator who had that booming voice that history classes because he connects so Carolina politics was a New Year’s Day could be projected and heard in the gal- much, he brings history to life so baby. He was born on January 1, 1922. leries, and today Senator HOLLINGS much, with a sense of humor, with After graduating from the Citadel, he does not need a microphone. compassion, and with insight and per- served in the U.S. Army during World He was from the old school of Sen- ception. It is no wonder he has been War II. This combat veteran, who ators who placed public interest over named Professor of the Year for 2004. served in North Africa and in Europe, partisan politics. Oh, that we had more Many of us who know Harry also are was awarded seven campaign stars and Senators like that, more Senators like reminded of all the ways he has served. was discharged with the rank of cap- Senator HOLLINGS who put first the He not only is a history professor, a tain. public’s interest, the interest of those terrific professor at that, but he also After the war, he earned his law de- people who are watching through that served in the State legislature in Mon- gree from the University of South electronic eye just behind the Pre- tana in the Montana Senate and the Carolina in 1947 and then began his ex- siding Officer’s desk; the eyes of the Montana House. He wants to do what traordinary career in public service in people come through that electronic he can to serve the people of our State. 1947. That was the year in which he eye, which extends the galleries beyond His wife Nancy is equally active, equal- earned his law degree. the capacity that we see here. It ex- ly dedicated to service. Nancy, too, was In 1947, at the age of 26, he was elect- tends those galleries out to the outer- a representative in the Montana State ed to the South Carolina State Legisla- most parts of the country, north and legislature at one time. So they are ture where he served until 1954, while south, out to the Pacific, out to the people who exemplify the best of 1947 was the year in which I was sworn great Rocky Mountains, out to the human nature; that is, serving people. in at the West Virginia House of Dele- broad prairies, out to the farms, out to I have a view that the most noble gates in Charleston, WV. the hills of West Virginia, that great human endeavor is service. It is service During his last 3 years in the South medium. to community, it is service to church, Carolina State Legislature, he served This Senator from South Carolina, it is service to friends, service in what- as its speaker pro tempore. unlike so many Senators of today, ever way makes the most sense for In 1954, at the age of 32, he was elect- placed the public interest over partisan each one of us. Many of us here believe ed Lieutenant Governor of South Caro- politics. And he still does. He never that. That is why we are here. I cer- lina. hesitated to criticize a President of his tainly know that is why the Presiding Four years later, in 1958, at the age of own political party as well as the oppo- Officer is here, who has so much be- 36, he became one of the youngest men sition party when he knew in his heart lieved in service in the various capac- ever elected Governor of his beloved and in his conscience that President

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.039 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11459 was wrong. If it were a President of his never questioned Senator HOLLINGS’s Or left unthought-of in obscurity,— own party, let it be. dedication to trying to restore fiscal Who, with a toward or untoward lot, While in the Senate, Senator HOL- sanity to America’s deficit addictions. Prosperous or adverse, to his wish or not— Plays, in the many games of life, that one LINGS has served on the Senate’s Budg- Although he has long been a Senator Where what he most doth value must be won: et and Appropriations Committees, of power and influence, during the Whom neither shape or danger can dismay, served as chairman of the Senate Com- great majority of his time in this Nor thought of tender happiness betray; merce Committee, served as chairman Chamber, he remained the junior Sen- Who, not content that former worth stand of a number of Senate subcommittees. ator from his State. Even after serving fast, Just as he had been a loyal and proud 36 years in the Senate, he was still out- Looks forward, persevering to the last, servant of his own State of South Caro- ranked by his colleague from South From well to better, daily self-surpast: lina, he has been a loyal and proud Carolina, Senator Strom Thurmond, Who, whether praise of him must walk the earth servant of our country. In the Senate, making Senator HOLLINGS the longest For ever, and to noble deeds give birth, he has been a forceful advocate of a re- serving junior Senator in history, Or he must fall, to sleep without his fame, sponsible energy policy. In fact, as whatever that means. I have often won- And leave a dead unprofitable name— early as 1967, Senator HOLLINGS was dered, having been a junior Senator Finds comfort in himself and in his cause; warning that our country faced a fu- and being a senior Senator now, what And, while the mortal mist is gathering, ture of energy crises, and he was call- we mean by ‘‘junior Senator’’? Well, we draws ing for a national energy policy. know what it means, but that is all. His breath in confidence of Heaven’s ap- He authored legislation to create the It was at the age of 80 that Senator plause: This is the happy Warrior; this is he Department of Energy and the Auto- HOLLINGS finally became the senior That every man in arms should wish to be. mobile Fuel Economy Act that re- Senator from South Carolina. He had quires the miles-per-gallon sticker on earned it. He had earned it just as he Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- new cars. has earned the respect and the grati- ator from Pennsylvania is recognized. He has been a determined advocate of tude of the people of South Carolina a cleaner and healthier environment. Mr. SANTORUM. Mr. President, I am and the men and the women in this happy to yield to the Senator from In this effort, he formulated legislation Chamber. to protect our marine environment, Oklahoma. Now, unfortunately, my friend and Mr. INHOFE. Mr. President, I ask sponsored legislation to prevent the colleague is leaving us. Again, I will unanimous consent that at the conclu- dumping of polluting materials in the not say farewell to him. I will only sion of the remarks of the junior Sen- ocean, and authored the Coastal Zone thank him for his service and wish him ator from Pennsylvania, I be recog- Management Act to protect our coastal well in his private life. nized to speak as in morning business waters and tidelands. He is the recog- I will always remember and cherish for up to 25 minutes. nized legislative ‘‘father’’ of the Na- our years of working together on the The PRESIDING OFFICER. Without tional Oceanic and Atmospheric Ad- Appropriations Committee and for the objection, it is so ordered. ministration, NOAA. best interests of our great country. The Senator from Pennsylvania is In the Senate, Senator HOLLINGS con- It isn’t enough that we say in our hearts recognized. tinued promoting technical training as That we like a man for his ways; f he fought to establish trade schools And it isn’t enough that we fill our minds that specialize in retraining workers With psalms of silent praise; POLISH VISA WAIVERS and offer alternatives for people who Nor is it enough that we honor a man Mr. SANTORUM. Mr. President, I choose not to pursue a university de- As our confidence upward mounts; rise very briefly to offer another unani- gree. It’s going right up to the man himself mous consent request. This is a unani- And telling him so that counts. In the Senate, Senator HOLLINGS has mous consent request on a piece of leg- Then when a man does a deed that you really tenaciously opposed trade deals that islation that Senator MIKULSKI and I threaten American jobs. Oh, if there admire, Don’t leave a kind word unsaid, introduced earlier this year regarding were more like him. His fights in this For fear to do so might make him vain Polish visa waivers. area have involved opposing Presi- Or cause him to lose his head; A visa waiver is a provision given in dents, opposing Presidents whom he But reach out your hand and tell him, ‘‘Well law to allow people from a country charged were ‘‘giving away the store’’ done’’, with which the United States has good in our trade treaties. He has fought to And see how his gratitude swells; relationships to come into this country protect and increase Social Security It isn’t the flowers we strew on the grave, for a temporary period of time as visi- benefits for our elderly Americans. It’s the word to the living that tells. tors, tourists, without having to obtain Concerned about the widespread pov- Now, unfortunately, my friend and a visa. In other words, this waives the erty across the South, in 1968, he un- colleague—a strong colleague on the visa requirement that is generally im- dertook a series of ‘‘hunger tours’’ that Appropriations Committee, where we posed on people coming from other highlighted the issue. He later au- two have served all these many years— countries to America. I believe we have thored a powerful study, ‘‘The Case is leaving us. Again, I will not say fare- done this with 27 other countries be- Against Hunger: A Demand for a Na- well to Senator HOLLINGS. I will only cause of the unique relationship we tional Policy’’ that advocated pro- thank him for his service and wish him have with them and the bond that the grams to address the persistence of ab- well in his private life. I will always re- countries have with the U.S. ject poverty in the United States. Put- member and cherish our years of work- Poland, unfortunately, has not been ting his words into action, he helped ing together. granted that status. If you look at the lead the congressional effort to estab- I shall always remember, too, that continent of Europe and at the great lish the Women, Infants, and Chil- loyal, dedicated, devoted helpmate, allies that we have on the continent of dren—WIC—nutritional assistance pro- Peatsy, who stood always at his side, Europe, obviously, the two that come gram, and he helped to advance the Na- always there to be his best confidant. to mind—in my mind at least—are the tion’s community health centers, Yes, Erma and I will miss Peatsy. Brits and the Italians. But Poland has which provide primary and preventive In closing, then, let me speak just a shown, since its release from the So- health services in underserved commu- few words from the ‘‘Character of the viet Union’s sphere of influence, a re- nities. Happy Warrior’’ by William Words- markable affinity for the United States Long before the Bush administra- worth, because I think they represent and has shown tremendous strides and tion’s record-breaking budget deficits, my feelings toward ERNEST FRITZ HOL- advances both in terms of democracy, long before today’s incredible $7 tril- LINGS: economy, and in their culture. It is lion national debt, Senator HOLLINGS Who is the happy Warrior? Who is he very much a country that is leaning was an eloquent and powerful advocate That every man in arms should wish to be? and facing west. It is, to me, a real in- of budget discipline. I did not always * * * * * justice to the people of that country, agree with his efforts, such as the ’Tis, finally, the Man, who, lifted high, who have been our steadfast sup- Gramm-Rudman-Hollings law, but I Conspicuous object in a Nation’s eye, porters, particularly in the most recent

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.041 S18PT1 S11460 CONGRESSIONAL RECORD — SENATE November 18, 2004 conflict in Iraq, that we would not Mr. SANTORUM. Thank you, Mr. mitted 2,300 soldiers to help with ongoing present them the opportunity we do President. I know the Senator from peace efforts in Iraq. virtually every other country in Eu- Oklahoma intends to speak. Though a staunch ally, Poland has legiti- rope. At this point, I ask unanimous con- mate concerns about our appreciation of sent that an explanation of this issue their efforts. President Aleksander Senator MIKULSKI agrees, I think, Kwasniewski reiterated these concerns when with the statements I have made, and be printed in the RECORD. Poland was not included as an ally in Iraq she has said so on the floor of the Sen- There being no objection, the mate- during the Presidential Debate. ate. We have been working in the past rial was ordered to be printed in the As Lech Walesa said, this would be a very couple of months to clear this legisla- RECORD, as follows: symbolic gesture for both the government tion so it can pass the Senate and be S. 2844—DESIGNATING POLAND AS A VISA and the people of Poland. We owe the Poles sent to the House, with the hope, at WAIVER COUNTRY—CALENDAR NO 715 our appreciation for their camaraderie and sacrifice in a pivotal point in our history. this late date, of becoming law but, if WHAT DOES THIS BILL DO? Designates Poland as a visa waiver coun- This legislation would go a long way in not, accelerating the opportunity for it showing our appreciation for their alliance to become law next year. Even at this try. Citizens visiting the U.S. within a 90-day period would not need to apply for a visa. with us. late date, the hope is that once the bill WHY SUPPORT THIS LEGISLATION? CURRENT PARTICIPANT COUNTRIES IN THE VISA would get to the House, there would be WAIVER PROGRAM Since the founding of the United States, the kind of support we have seen in the Poland has proven its steadfast dedication to Andorra, Australia, Austria, Belgium, Senate to pass it. The support is nearly the causes of freedom and friendship with Brunei, Denmark, Finland, France, Ger- unanimous. the United States. In addition, Polish His- many, Iceland, Ireland, Italy, Japan, Liech- As we all know, at this point in time tory provides pioneering examples of reli- tenstein, Luxembourg, Monaco, the Nether- in the Senate, nearly unanimous isn’t gious tolerance. lands, New Zealand, Norway, Portugal, San good enough. We need unanimous con- The United States is home to 9 million Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom. sent, or all Members of the Senate to people of Polish ancestry, including 429,000 in Florida, 854,000 in Michigan, 240,000 in Min- The PRESIDING OFFICER. Without agree. I can speak on behalf of the Re- nesota, 576,000 in New Jersey, 433,000 in Ohio, publican side of the aisle. I have spo- objection, it is so ordered. 824,146 in Pennsylvania, and 497,000 in Wis- Mr. SANTORUM. Mr. President, as I ken to all Senators, or their offices, consin. Polish Immigrants have contributed said before, I hope we can get agree- and every Republican Senator has greatly to the success of industry and agri- agreed to allow this bill to clear the culture in the United States. ment. I know there are one, or maybe Senate and to pass today. We were will- Since the demise of communism, Poland more, Senators on the other side of the ing to pass this bill before we broke in has become a stable, democratic nation. Po- aisle who have found a concern with land has adopted economic policies that pro- this. I ask that while this is somewhat October. We were willing to give this mote free markets and economic growth. bill a chance to become law and be unusual in the way we put forth this Poland demonstrated its commitment to legislation, it is vitally important for signed by this President. I am hopeful global security by becoming a member of that he would sign this legislation. NATO. Poland also just recently became a us to send a very strong and positive signal to one of our strongest allies in But I have been informed that in member of the EU. Poland was a staunch ally to the U.S. in the world that we stand with them and spite of the good efforts of Senator MI- Operation Iraqi Freedom. Poland has com- accept them as one of our closest and KULSKI, we may not be able to clear mitted 2,300 soldiers to help with ongoing dearest allies, and we will treat them this legislation on the other side of the peace efforts in Iraq. accordingly, with respect to the visita- aisle. That is a great disappointment In 1991, Poland unilaterally repealed the tion of Polish people who visit rel- to me and I know to Senator MIKULSKI. visa requirement for U.S. citizens traveling atives and friends in the United States. I know it is a great disappointment to to Poland for less than 90 days. And today, I yield the floor. many Polish Americans—9.3 million more than 100,000 Polish citizens travel to The PRESIDING OFFICER. Under Polish persons. Over 100,000 Poles per the United States annually. the previous order, the Senator from year come to this country to visit rel- POLISH VISA REFUSAL RATE Oklahoma is to be recognized for 25 atives and friends. Yet we cannot ex- Refusal rate can be an inaccurate measure because it is based on decisions made by con- minutes. tend this, I argue, minimal courtesy to sular officers rather than the actual behav- The Senator from West Virginia is those who have allied with us and have ior of non-immigrants. It does not reflect the recognized. shown their good hand of friendship to- propensity of nationals from that country to Mr. BYRD. Mr. President, if the Sen- ward us. overstay their visas. ator from Oklahoma comes, I will yield Nonetheless, Poland’s visa refusal rate is Mr. President, I will ask unanimous the floor quickly to him. At this mo- consent, in the hopes that maybe even declining dramatically, from around 43% in FY 03 to approximately 30% in FY 04. ment, under the current cir- later after this consent request, which Polish citizens who apply for a visa have cumstances, I had sought to be recog- I am told will be objected to, others on average, a one and a half minute inter- nized and I do so for the purpose of will reconsider, and perhaps we can view. This obviously is not enough time for speaking for not more than 12 minutes. later tonight, or tomorrow, or Satur- a consular officer to make a decision on I ask unanimous consent that I may be day, or however long we will be here, whether or not they will overstay their recognized for no more than 12 min- visas. In other western European countries, be able to work through this problem utes. and get unanimous consent on this vi- the average interview is five minutes. Consular Officers still have a 1980s view of The PRESIDING OFFICER. Without tally important piece of legislation for Poland, a country in serious economic trou- objection, the Senator is recognized. not just the 9.3 million Poles in this ble and under tyranny. This is an unfair view f country, but for all of us in America as Poland in now a stable, democratic nation who would like to extend a further that promotes free markets and economic TRIBUTES TO RETIRING hand of friendship and accord to the growth. SENATORS Warsaw airport is in the pilot program for people of Poland who have been such TOM DASCHLE steadfast allies of our great country. airport screening, so most Poles who would travel to the U.S. under Visa Waiver would Mr. BYRD. Mr. President, there is an I ask unanimous consent that the face an INS determination of whether they old Chinese curse that says, ‘‘May you Senate now proceed to the immediate will be admitted before they get on a plane. live in interesting times.’’ A Senate consideration of calendar 715, S. 2844. Poland’s refusal rate does not reflect a equivalent of that saying could very Mr. BYRD. Mr. President, reserving high propensity for terrorism. The State De- well be: May you lead the Senate in in- the right to object. I must say for the partment has given no indication that the teresting times. If so, the Senate lead- record that there are Members who potential for terrorism in Poland signifi- cantly exceeds that of the 27 countries cur- ership of Senator TOM DASCHLE would strongly support this bill—Senator MI- rently participating in the Visa Waiver Pro- certainly qualify. He led the Senate KULSKI and others. However, on behalf gram. with a very quiet integrity during of others, I must object. Therefore, I do IMPORTANT TO SUPPORT OUR STRONG ALLY AT some of the most difficult times in object. THIS CRUCIAL TIME American history. The PRESIDING OFFICER. Objec- Poland was a staunch ally to the U.S. in In 1994, Senator DASCHLE became tion is heard. Operation Iraqi Freedom. Poland has com- Senate Democratic leader by a single

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.044 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11461 vote. No sooner had he become Demo- DASCHLE was always working for the Senator DASCHLE still sees the glass as cratic leader than he was forced to deal common good. Because of his prin- half full rather than half empty. with the Republican revolution of 1994, cipled—let me say that again—because And so my wife Erma and I extend including House Speaker Newt Ging- of his principled opposition to the Bush our best wishes to Senator DASCHLE rich and his short-lived ‘‘Contract With administration, critics denounced and and his wife Linda in all of their future America.’’ I never read it, never signed demonized him as an obstructionist. If endeavors. it, and was not a disciple of it. placing the national good over blind Mr. President, I yield the floor, and I While he served as the Democratic obedience to any President makes a suggest the absence of a quorum. leader for nearly a decade, there was a Senator an obstructionist, then let me The PRESIDING OFFICER. The period of 17 months in which he went say that our democracy—indeed, all de- clerk will call the roll. from minority leader to majority lead- mocracies—need more TOM DASCHLE’s. The legislative clerk proceeded to er and back to minority leader. Senator DASCHLE stayed above it all, call the roll. He was the Senate Democratic leader as he refused to engage in the gutter Mr. CORNYN. Mr. President, I ask during the first impeachment of an politics of his opponents. He always re- unanimous consent the order for the American President in 131 years. He tained and maintained the dignity that quorum call be rescinded. was the Senate Democratic leader on has characterized him as a man and as The PRESIDING OFFICER (Mr. September 11, 2001, when America expe- a Senator. But then this mild-man- SMITH). Without objection, it is so or- rienced the worst terrorist attack in nered South Dakota Democrat, the dered. the history of this great land. One only South Dakotan ever to be elected Mr. CORNYN. Mr. President, I also month later, a bioterrorist attack on to the Senate leadership, has always ask unanimous consent that I be al- his Senate office in the Hart Building served the people of his State and the lowed to speak in morning business for exposed 20 of TOM DASCHLE’s staffers to people of our Nation proudly and hon- as much time as I may consume. deadly anthrax spores. orably, with diligence, sincerity, and The PRESIDING OFFICER. Without As the Senate Democratic leader, Mr. distinction. objection, it is so ordered. DASCHLE has had to deal with three dif- His entire career in public service has f ferent Republican leaders. During these been based on standing up for the com- JUDICIAL SELECTION PROCESS turbulent circumstances, he remained mon good. He has been a true friend of reassuring and inspiring. TOM rural America, especially America’s Mr. CORNYN. Mr. President, re- DASCHLE’s soothing personality and his farmers. Among the many measures he cently there has been a lot of discus- mild-mannered demeanor were com- promoted to benefit American farmers, sion about, not just the role of the ju- forting under very trying cir- Senator DASCHLE pushed the develop- diciary in our democracy, but the proc- cumstances. ment and the commercialization of al- ess by which judges are selected. To Looking back, it seems strange that me, this all boils down to something many people once considered this lik- ternative agricultural products. He was an aggressive advocate of that Daniel Webster once said when he able, soft-spoken young man to be too health issues, having authored legisla- opined that ‘‘justice is the greatest de- likable and too soft spoken to be an ef- tion that expanded health services in sire of man on Earth.’’ It is, in fact, the fective Senate leader. I am pleased and judges, the ones who wear the black proud to say that we were wrong. I say rural areas. As a veteran himself, having served robe, the men or women who serve on ‘‘we’’ because many people will recall as an intelligence officer in the Stra- local or State or Federal benches who that I initially opposed his candidacy tegic Air Command of the U.S. Air are the ones with whom we identify for Senate Democratic leadership. But Force, TOM DASCHLE was a powerful ad- that common yearning for justice. after TOM DASCHLE was elected leader, vocate for American veterans. In 1991, Unfortunately, here in the Senate I was impressed as I found him to be an over the last couple of years, we have engaging man with whom to work, a he won his 11-year struggle for legisla- tion to assist Vietnam veterans suf- gone through an experience that not most interesting man, a leader who has only reeks of injustice but also of un- a way of putting other people at ease, fering from exposure to Agent Orange. I am sorry that I must now say good- fairness and, indeed, rises to the level even in troubled as well as in pleasant bye to this decent man and this out- of unconstitutionality when it comes times. to the filibuster used against President He was always working to seek a con- standing Senator, especially in such Bush’s judicial nominees. sensus. He was always listening. He circumstances. And he is a decent man. Never, before these last 2 years, has a was one of the best listeners I have He was always good to me. He was al- nominee for a Federal court, whether it ever met during my 46 years in this ways listening. He always listened to is the Federal district court or circuit body. whatever I had to suggest to him—al- Even in the Senate’s darkest mo- ways listening and always tried to be court or the United States Supreme ments, he retained his sense of opti- helpful. So many times he spoke good Court, been blocked by the use of a fili- mism, always preferring to see the words concerning me. He was always buster when there was a bipartisan ma- glass as half full rather than half asking about my wife Erma: How is jority of the Senate who stood ready to empty. And that optimism was infec- your wife? How is your wife Erma? confirm that judge—never before the tious. Therefore, 2 years later, it was But as anyone involved in politics current Congress, dating back now 2 my pleasure to nominate TOM DASCHLE knows, political life has its defeats as years. for reelection as Senate Democratic well as its victories, its sorrows as well We all know the judiciary plays a leader. In nominating him, I an- as its joys, and we must accept them as critical role in our form of government. nounced: they come, always looking forward, not As high school students, or perhaps I was totally wrong about this young man. backward, and knowing that the future even earlier, we learn that our three He has steel in his spine, despite his reason- will present other opportunities to branches of government play impor- able and modest demeanor. serve our Nation. tant but distinct roles in our constitu- As a former Senate leader myself, I I hope that Senator DASCHLE will tional democracy. It is the judiciary, can say that a Senate leader who can continue a life of public service be- which at one time in our Nation’s his- bring together and develop a consensus cause our Nation will always need men tory has been called the least dan- on tough controversial measures must of his background and experiences but, gerous branch, that has produced some have the patience of Job and the wis- most importantly, his wisdom, his in- of the most dangerous decisions, at dom of Solomon. tegrity, and his optimism. least so far as it concerns our right to As a former Senate Democratic lead- Let me say on behalf of Erma and self-government. What I mean by that er, I want to express my gratitude to myself that we are so grateful to Sen- is when we see courts strike down the Mr. DASCHLE for the service that he ator DASCHLE and his lovely wife for Pledge of Allegiance because school- rendered to this Chamber, to our Na- their many courtesies extended to us, children cannot say the words ‘‘under tion, and to our political party. their many kindnesses which we will God’’ when they pledge allegiance to During the interesting times in never forget. I am confident that de- the flag; when we see county clerks, in- which he led the Senate, Senator spite the happenings of November 2, deed, when we see judges themselves

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.046 S18PT1 S11462 CONGRESSIONAL RECORD — SENATE November 18, 2004 authorize the issuance of marriage li- someone’s mind but we settle the dis- vide that advice and consent; that is, censes to same-sex couples on TV and pute at least for a while by having an trying to elevate the de facto require- across our country; and when we see election. ment under the Constitution for con- courts, on the basis of lawsuits that On November 2 of this year, 60 mil- firmation to 60 votes by claiming that have been filed, tell military bases that lion people not only chose to reelect the Senate rule which requires 60 votes they cannot grant access to their fa- President George W. Bush, but I believe to cut off debate trumped the Constitu- cilities to the Boy Scouts of America, in part cast their votes for the kind of tion. we know these are not a product of a judicial nominees this President has You might ask, How is that possible? vote of the people. nominated in the past and which he The Constitution is the fundamental In each of those instances it is the can be expected to nominate in the fu- law of the United States of America, act or the dictate of a judge, a judge ture. and all other laws passed, including that I submit has lost any tether, any Men and women are drawn to service those of Congress, are inferior to that sort of anchor with the fundamental in the judiciary because they believe in law. If the act of Congress is inferior to premises upon which the power of a that quest for justice, and they want to that law and when it conflicts, it must judge is granted. play an important role in making sure fall, surely a Senate rule that purports We want to make sure in this coun- that desire for justice, that quest for to require a supermajority vote of the try, I believe, whether we are Demo- justice, is satisfied, at least as much as Senate to confirm judges must fall crats, Republicans or independents, is humanly possible, in courtrooms all when there is conflict with the U.S. that our judges are not politicized. In across this country. Constitution. other words, we want to make sure But we know—at least in the past, The Constitution provides that in when we walk into a courtroom when based on sad experience—there are specific but limited instances a super- our case is decided that the judges have those who will not be satisfied with an majority vote is required for passage, not already made up their minds before election; that people will not put their notably the ratification of treaties and hearing what the facts are. We want to grievances and their anger behind them notably the amendment of the Con- make sure that that judge does not but will continue to pursue these poli- stitution itself. But nowhere in the have some sort of political or personal cies of destruction and character assas- Constitution is it provided that to con- agenda which makes it impossible for sination when it comes to the Presi- firm a judge, more than a 51-vote ma- them to be fair. dent’s judicial nominees. Unfortu- jority is required. But what we have seen over the last nately, these angry individuals have That is why over these last 2 years couple of years is a political situation not come to accept what the vast ma- we have heard Members on this side of of the judicial selection process where jority of Americans have agreed is the the aisle time and time again come to good men and women who are highly way we should work; that is, we do our the Senate and say not only is this fili- qualified to serve as Federal judges at best, we fight our best fight, we get our buster unfair, but, indeed, blocking an the Federal district court level and at voters out, and then we have an elec- up-or-down vote by a bipartisan major- the circuit court level have been not tion and we resolve those differences at ity of this body is, in fact, in violation only obstructed by this unconstitu- the election. of the fundamental law of our land. tional filibuster process, which has We have seen time and time again In order to be suited by virtue of never before been used in America his- how these tactics have been used temperament to serve in elected office, tory—what we have seen is also char- shamelessly to smear some of the you have to be an optimist by nature, acter assassination. We have seen indi- President’s judicial nominees. It is and I am. It is my sincere hope, it is viduals who spent a lifetime creating a only logical to expect some of these my sincere request and entreaty to our reputation and developing a career as a same tactics, notwithstanding what I colleagues on the other side of the judge totally smeared by various inter- have said, will be used again. aisle, that these tactics stop. They est groups whose desire it is to politi- What we have seen in this Senate— must stop not only for the good of the cize not only the judicial selection and I believe the American people cast Senate but out of respect to the Presi- process but the decisionmaking process a vote, at least in part, on November dent who received almost 60 million by judges. And that is wrong. 2—is, as I have said, unconstitutional votes on November 2 and out of respect We know, in addition to the other filibusters. And what I believe the for the Constitution itself. What has important judicial vacancies that exist American people cast a vote on on No- happened these last 2 years is wrong, it around this country which we have vember 2, particularly when it came to is unfair, and, indeed, it is unconstitu- been unable to fill because of the fili- the Senate minority leader race, the tional. buster, that in all likelihood during race in South Dakota, was a repudi- Should President Bush have the op- President Bush’s second term of office ation of obstructionism and the uncon- portunity to nominate one or more he will have the opportunity to nomi- stitutional use of the filibuster to judges to vacancies on the U.S. Su- nate one or more nominees to the U.S. block the President’s nominees who, if preme Court, it is my sincere hope we Supreme Court. I am sorry to say these allowed the simple dignity of an up-or- will have learned something from the nominees will undoubtedly be savaged down vote, would have been confirmed mistakes of the past. We will have also by some of these same interest groups as I speak. learned there is a political penalty to who are bound and determined to po- The Constitution makes clear what be paid for obstructing judges, for liticize not only the act of judging— the role of the Senate is. That role is treating them unfairly and in an un- that quest for justice—but in fact the to provide advice and consent. Yes. The constitutional fashion. selection process itself. Unfortunately, Judiciary Committee, on which I am As an astute observer not only of the these kinds of venomous politics are honored to serve, has a responsibility human condition but also of politics in something we have come too often to to review the credentials and back- general, I am confident that all of my expect when it comes to selecting these ground and experience, the tempera- colleagues in the Senate, all 100, paid important members of the judiciary. ment of these nominees to make sure close attention to the verdict of the I firmly believe we are a big and di- they understand they are not just an- American people on November 2 when verse country. We have people who other branch of the legislature which is it came to a referendum on whether come from different places across the at liberty to enact through judicial these unconstitutional, unfair obstruc- planet, who pronounce their name in edict their personal or political or any tionist tactics should continue or end. different ways, who have different tra- other agenda. Our job is to make sure It is my hope we all got the same mes- ditions, creeds, beliefs. And the great they respect the separation of powers sage and that, indeed, we will treat the thing about this country is we can all which makes the judiciary a distinct President’s nominees fairly, that we live here in this one place and we can and unique branch which is supposed to will do what the Constitution requires, argue for what we strongly believe in. interpret the law, not make the law. that we ask the questions, make sure We can defend those views when they Unfortunately, we have seen an ob- they are qualified by virtue of experi- are attacked. But in the end, we settle stinate minority in this body that has ence, education, and temperament, those disputes—maybe not change denied this Congress the ability to pro- that they understand what the role of

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.058 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11463 the judge is, and that they are not just I sincerely hope we will not have sult of this? This ‘‘obstructionism’’ a legislator wearing a black robe and only learned from the mistakes of the created a result in the Senate race in with lifetime tenure. past when it comes to obstruction of South Dakota of which we all need to I believe on November 2 the Amer- the President’s judicial nominees, but be mindful? ican people rejected the tactics of ob- we will conduct ourselves with the Let me state what the South Dakota structionism and demonization of the kind of dignity the American people Senate race was about. It was not President’s nominees. Frankly, I worry have come to expect from Senators and about obstructionism and judgeships. that the good men and women who that we will conduct ourselves It was about $20 million coming out of have been nominated by the President uprightly, with fairness and dignity, the basement of the White House to serve in these important positions, and treat all we come in contact ex- through various orifices and devices, after those behind them see how they actly the same way. directed at the minority leader in the have been treated, or I should say mis- I yield the floor. State of South Dakota in a campaign treated, how long can we expect other The PRESIDING OFFICER. The Sen- that in many respects, in my judg- good men and women, when called by ator from North Dakota. ment, was shameful. But it was not the President, will answer the call only Mr. DORGAN. Mr. President, I intend about obstructionism. It was not about to know they will be smeared, strung to speak on another matter at some judges because the fact is we approved out before the world and, indeed, then, point. I see several of my colleagues 201 Federal nominees sent to us by this obstructed by an unconstitutional are in the Senate. Senator LEVIN, I be- President. We have been extraor- process? lieve, wishes to speak for a short time. dinarily cooperative. It is my hope we will have learned I see Senator BOND is in the Senate, as Let me say again, I was here during something over these last 2 years and well. 8 years of the Clinton administration to repudiate these tactics. I will take 5 minutes to say I have when 60 nominees were sent down here I will say something to my constitu- deep respect for my colleague from that never got a vote. Some of them ents and the people who may be listen- Texas. I like him and I am pleased he never got one day of hearings. Let me ing who have contacted my office in is a Member of this body. I have deep say that on my behalf I want to cooper- very sincere concern for what they disagreement with what he has said, ate with this President. But my col- have seen played out on the Senate and I will take this moment to respond leagues and I have constitutional re- floor and in the judicial confirmation to it. sponsibilities with respect to putting process. There is a newfound passion, appar- someone on a Federal bench for a life- I say to all of them, I appreciate your ently, for providing votes for nominees time that involves two steps: One, the passion. I appreciate your concern. I for judgeships. When I say a newfound President proposes a nominee; and, sec- appreciate your interest in the instru- passion, let me explain that I was here ond, under advice and consent, the Sen- ments of the Government that ulti- in the 1990s. There were 60 nominees for ate then makes its judgement. We have mately the people of this country con- the Federal court that never got a vote a responsibility here. It is a constitu- trol. We are going to need the involve- in the Senate by a Republican-con- tional responsibility. ment, the attention, the passion of all trolled Senate. Many of them never I have read and reread that Constitu- of the people and, indeed, we are going even got 1 day of hearings. It was unbe- tion. I am proud of what we have done. to need to appeal to our better angels lievable what went on with the major- We have been extraordinarily coopera- in the Senate and in the Senate Judici- ity party in this Chamber when the tive with this President and will con- ary Committee when it comes to the Clinton administration was sending tinue to be so. But that does not mean next nominees for the U.S. Supreme down nominees. all of us walk to this Chamber with ink Court. Contrary to what my colleague just on our shoes and become a giant rubber We all remember, whether it is the indicated, this notion of obstruc- stamp to say: Me too. Yes, sign me up. confirmation process by which Judge tionism, this is a newfound technique. OK, I am fine, I am with you. It is not Bork was blocked, by which Clarence You create your own reality and debate our role and it is not our responsi- Thomas was ultimately confirmed— from that reality. There was no ob- bility. after going through a process that no structionism. This Senate approved 201 When we approved 201 Federal nomi- one should have to go through—my Federal judges; 201 of the nominations nees to the Federal court from this hope is we will have learned that is not for Federal judgeships that were sent President, which was 93 percent of the the way the Senate should conduct down here by this President. We held nominees of this President, I think it itself and that we will resolve among up about 10 of them. strains credibility to somehow call this ourselves and resolve among the Amer- Now, the Constitution says some- obstructionism. And it certainly ican people and to the people we rep- thing about our obligations. This is not strains our sense of irony to hear those resent that we will treat the Presi- about obstruction. It is not about un- calling us obstructionists when not dent’s judicial nominees fairly, that we constitutional behavior. It is not any- very long ago there were 60 nominees, will treat them with dignity, and that thing of the sort. It is about those in some of which never got a day of hear- we will provide the up-or-down vote the the Senate who understand that the ings, and none of which got a vote on U.S. Constitution demands when it Constitution says we have a responsi- the floor of the Senate. comes to the confirmation of the Presi- bility when it comes to putting some- Going forward, I think we ought to dent’s judicial nominees. one on the Federal bench for a lifetime. understand this: The so-called lesson I am not suggesting for a minute When someone sends a name to this we were described moments ago about that anyone violate their conscience. Senate as this President did that says, the election in South Dakota, that is Indeed, any Senator with a sincere be- I want this man to serve for a lifetime all nonsense. It is not what that was lief that an individual judge should not on the Federal bench—by the way, this about. We believe we have a responsi- be confirmed should come to the Sen- person has a record of writing articles bility to cooperate. We will. We also ate, as no doubt they will, and explain saying that his belief is that women believe we have a constitutional re- to their colleagues why they feel so are subservient to men—I say, wait a sponsibility to use our heads, our strongly, why they conscientiously ob- second. It is not somebody I want to sit hearts and our minds to make good de- ject to this nominee and invoke their on the Federal bench for a lifetime. I cisions about the future of this coun- conscience. Every Senator should do don’t happen to think that sort of try. We will continue to do that as that, and I trust they will. thinking represents what I want to put well. But no one, no Senator has the right, on the Federal bench. Incidentally, I have in my hand a no group of Senators has the right, no We held up, I believe, 10 nominees record of two votes during the Clinton minority has the right to tyrannize the and approved 201. We approved 93 per- administration where there were clo- majority of the Senate when we stand cent of the President’s requests. We are ture motions that were required for ready in a bipartisan fashion to cast a told this is obstructionism? And now nominees. So this notion that somehow vote, up or down, for a judicial nomi- we are told, today, there is a lesson in it is the first time ever there was a fili- nee. the South Dakota Senate race as a re- buster, nonsense, that’s just not true.

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.061 S18PT1 S11464 CONGRESSIONAL RECORD — SENATE November 18, 2004 I have records of both votes. It has judges. Yet we hear now that suddenly principle required it. In reality, been done before. It has been done by the requirement that there be a cloture though, it was TOM DASCHLE’s style to the majority party. It is just when they vote is something that is new to this reach across the aisle, time and time do not get 100 percent of their nomi- Senate. It is not. It has been histori- again, in an effort to legislate in the nees, they do not get a rubber stamp cally used. It is appropriate, and it is Nation’s best interest. Often he worked coming out of this Chamber, that rare. closely with the Republican leader in somehow they have a problem with As Senator DORGAN pointed out, 93 some of the Senate’s finest and most that. The American people should not percent of the judges who were nomi- difficult hours. have a problem with it. The Constitu- nated by President Bush were con- In the face of a very difficult im- tion certainly does not have a problem firmed when there were votes that peachment trial that tested this Sen- with it, and I do not. came to the floor of the Senate. Nine- ate, in response to the September 11 I want to be cooperative, but I do not ty-three percent of these judges were terrorist attacks, and when he himself want to sit and listen to a re-creation confirmed. And the comparison to that was targeted in the anthrax attack, as of reality that does not square with of the Clinton years, where so many in countless other instances, TOM what we have done in the Senate. judges could not even get a hearing, DASCHLE demonstrated his talent for Mr. President, I yield the floor. where there was a filibuster in the Ju- calm, inclusive, and wise leadership. The PRESIDING OFFICER. The Sen- diciary Committee because of the re- As this session of Congress ends in ator from Michigan. fusal to grant judges a hearing, is quite the next few days, the people of South Mr. LEVIN. Mr. President, I wonder a contrast. We do not hear much about Dakota will be losing a vigorous, effec- if I could ask unanimous consent to that. Instead, hearing that the refusal tive, and committed Senator. Demo- line up speakers. Does the Senator to have an up-or-down vote and a re- crats in this body, indeed, all Senators, from North Dakota want to do that? quirement for cloture is somehow la- will be losing a great leader. And all And is that agreeable to the Senator beled obstructionism is altogether out Americans will be losing a voice of rea- from Missouri and the Senator from of line, as far as I am concerned, and son, judgment, and wisdom. I will be Oklahoma that speakers be lined up by inaccurate historically, inappropriate, losing a friend and a confidante. TOM unanimous consent? When I asked Sen- and needs to be contested. DASCHLE is a beautiful human being ator DORGAN to yield to me for 5 min- f and a nonpareil leader. His good nature utes, he was wondering if he could then will enable him to overcome this mo- TRIBUTES TO RETIRING be next in order. But I know Senator mentary defeat so that the contribu- SENATORS BOND is here, too. tions he makes to public life will soon Mr. BOND. Mr. President, I ask for 5 TOM DASCHLE flower in a different place. minutes. Mr. LEVIN. Mr. President, that is Mr. DORGAN. Mr. President, let me Mr. President, I yield the floor. not why I came to the floor, although The PRESIDING OFFICER. The Sen- follow Senator BOND. it relates to why I came to the floor Mr. INHOFE. Yes. If I could ask the ator from Missouri is recognized. this afternoon because I came here to Senator from North Dakota about how Mr. BOND. Mr. President, I ask unan- pay tribute to a dear friend, our Demo- much time will he be using? imous consent that Senator SHELBY be cratic leader, TOM DASCHLE of South Mr. DORGAN. I intended to use 20 recognized for 10 minutes following me, Dakota. This sadness is only tempered minutes. I would be happy to follow the and that Senator BREAUX be recognized by the belief that TOM DASCHLE will Senator. for 15 minutes thereafter. Mr. INHOFE. I would be close to that continue to play a vital role in our Na- The PRESIDING OFFICER. Without amount of time, too, so I will go ahead tion’s public life in the future. objection, it is so ordered. TOM DASCHLE has had a distinguished and wait. If I could lock in after the JOHN BREAUX career as a legislator on behalf of the Senator from North Dakota, that is Mr. BOND. Mr. President, it has been interests of the people of South Dakota fine. a pleasure to work with the Senator and all of the people of our Nation. He Mr. DORGAN. Mr. President, let me from Louisiana. We have appreciated has fought for a fair share for the farm- suggest the Senator from Michigan his leadership on many issues not only ers of his State and for farmers around begin, and then be followed by the Sen- important to Louisiana but to our en- the country. He has been in the fore- ator from Missouri, and then myself, ergy future and important to naviga- front of rural health, veterans’ health, followed by the Senator from Okla- tion in the heartland, which is some- a fair tax system, and a very broad homa. I ask unanimous consent that be thing that is vitally important for all range of other issues. the order. of us. The PRESIDING OFFICER. Is there He has been as a leader of the Demo- objection? crats in the Senate, both as majority f Without objection, it is so ordered. leader and minority leader, through one of the most difficult periods of the LEADERSHIP AT THE CIA f Senate’s history where TOM DASCHLE Mr. BOND. Mr. President, I am here CLOTURE VOTES FOR JUDICIAL has made his mark. He has been a re- today to talk about an old-fashioned NOMINATIONS markable leader. As a principled and virtue: doing what you said you were Mr. LEVIN. Mr. President, while Sen- tireless advocate for the issues he be- going to do. That is a test a lot of peo- ator DORGAN is in the Chamber, he lieves in, he has led by example. On ple apply in politics. They say if you made reference to the fact there have countless difficult and contentious tell us what you are going to do when been cloture votes required on judges issues, he has led by carefully listening you get elected, are you going to do it? throughout the years. I want to expand to all sides. Time and time again, on It seems to me in the intelligence on the RECORD some of the names of complex and challenging legislation, he field we have an example of that. The judges where cloture votes were re- has led by tireless negotiation and by reaction is somewhat surprising. We quired, in fact, where cloture votes building consensus. And, where appro- have had, I think, 128 or 130 hearings in were not agreed to and led to their de- priate, he has been able to organize the Intelligence Committee since I feat in a number of instances: Justice Democrats to insist on our rights as a joined it in January 2003. One of the Fortas in 1968; now Justice Bryer but minority in the Senate. lessons we learned is that, while there then circuit court nominee Steven It is, indeed, a bitter irony of the are many outstanding dedicated men Bryer in 1980, with two cloture mo- most recent election that TOM and women in the CIA and throughout tions; Rosemary Barkett, to the Elev- DASCHLE, who is a legislator to the the intelligence community, the sys- enth Circuit in 1994; Lee Sarokin in core, and a man of compromise and tem is broken; it didn’t give us the ade- 1994, with a cloture motion required; soft-spoken wisdom, a seeker of dia- quate or accurate prediction of the Marsha Berzon in the year 2000; Rich- logue, solutions, and consensus, was scope of the terrorist danger to the ard Paez in the year 2000. caricatured as an obstructionist. In the U.S. before 9/11. We went into Iraq with Cloture is not a new phenomenon time-honored tradition of Senate lead- the Director of Central Intelligence so when it comes to the debate over ers of both parties, he stood tall when confident of the intelligence analysis

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.064 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11465 that we would find weapons of mass de- cies.’’ Wait a minute. That is not what mate concerns over how Director Goss struction that he advised the President he said. I have the copy of the state- is running the intelligence community. it was a ‘‘slam dunk.’’ ment Director Goss made. He said that We appointed and confirmed him to We now find out that while there was we will support the administration, but make difficult changes, and I don’t great danger in Iraq, it was very dif- he says we will provide intelligence to think it is appropriate to jump to con- ferent from the danger that the CIA support it. We don’t come out and clusions or second-guess his manage- had assessed. The estimates were really argue for it. He said that as agency em- ment style. faulty. We have seen this. The CIA and ployees, we do not identify with, sup- I thank the Chair and my colleagues. the intelligence community, as I said, port, or champion opposition to the ad- I yield the floor. have outstanding, dedicated people; but ministration or its policies. We provide The PRESIDING OFFICER. The Sen- they are not focused properly on doing the intelligence as we see it and let the ator from North Dakota is recognized. the job that the new worldwide threat facts alone speak to the policymaker. Mr. DORGAN. Mr. President, I be- of an unrelenting, vicious, terrorist In other words, their support is by pro- lieve I was to be recognized for 20 min- war directed at us and all free-minded viding the best intelligence estimates utes following the Senator from Okla- people presents. So everybody came to available. homa. the conclusion there needed to be a Now, Michael Scheuer, who wrote The PRESIDING OFFICER (Mr. new direction. that anonymous book and made head- CORNYN). That is correct. The President nominated one of the lines with the ‘‘Imperial Hubris’’ book, Mr. DORGAN. And two additional Members of Congress who had done a criticized timid leadership at CIA. Why Senators as well. great deal of oversight of the CIA and are we criticizing the DCI for shaking f actually had served in the clandestine up the management? If the Director of TAX CODE OVERHAUL service himself, Porter Goss of Florida. CIA is making mistakes, or if he is Everybody said they wanted change. going down the wrong path, we on the Mr. DORGAN. Mr. President, this Porter Goss told the President and the Intelligence Committees here and in morning in the newspaper we read a re- Congress in his confirmation hearings the House are going to be monitoring port of that which we know, that the that we are going to make some the situation. If we see there is a prob- administration is going to propose a changes. He went over to the CIA. He is lem, we are in a position to call him on Tax Code overhaul. I think almost making some changes. What a surprise. it or to point out remedies that are every American would believe that it is The critics are now saying he is mak- needed. But, so far, I see a man willing worth overhauling the Tax Code. The ing changes at the CIA. I am a little bit to take on an entrenched and some Tax Code is so complicated, and it des- confused about what they thought he might stay constipated bureaucracy. perately needs an overhaul. was going to do. If he didn’t make Many of the senior intelligence offi- The headline reads: ‘‘Bush Plans Tax changes at the CIA, that is when I cials to quit have been with the agency Code Overhaul. Changes Would Favor think we should be challenging him. for decades. It is a shame we are going Investment, Growth.’’ Something has to change. I have spo- to lose that experience, but some would It says: ken with Director Goss, and I know our say—and I agree—new blood is needed The Bush administration is eyeing an over- chairman, Senator ROBERTS, has. We at the CIA. haul of the tax code that would drastically both have confidence in his ability, be- I am encouraged that Director Goss cut, if not eliminate, taxes on savings and investment .... cause it appears to us that Director is willing to shake things up at the Goss is doing exactly what he told Con- CIA. I hope he employs the same vigor I want to read just for a moment an gress he would do, and that is to make in getting the rest of the intelligence op-ed piece that appeared in the Wash- changes in order to improve the CIA. community to work together and share ington Post. It is an op-ed piece writ- Why are we surprised or critical that information with each other. ten by I believe the second richest man there is a change with new leadership? Some of the people who are leaving in the world, Warren Buffett. Warren is Obviously, changing means there are and whining, I question their mettle. a charming, delightful man. I had the going to be some people who are going There are thousands of soldiers and opportunity to get to know him some. to be displaced. We thank them for marines in Afghanistan and Iraq, in- He has been incredibly successful as an their service and wish them well. But cluding special forces, who are yelled American businessman. He wrote an why are we arguing over the fact that at every day by their sergeants, not to op-ed piece about taxes and the tax some people are going to be removed or mention being shot at and living in the burden that I want to read into the replaced? mud. I am glad they all have the for- RECORD. Director Goss testified at his con- titude to say: I am not going to quit I ask unanimous consent to print his firmation hearing that he would make because I am yelled at or somebody entire op-ed piece in the RECORD. It is changes that emphasize the CIA’s mis- doesn’t like what I am doing. entitled ‘‘Dividend Voodoo.’’ sions and capability and focus on deliv- Perhaps these CIA officers should re- There being no objection, the mate- ering a better product to the President member their mission and work with rial was ordered to be printed in the and Congress. That is because, as I the DCI as the quiet service, keep their RECORD, as follows: said, we have had report after report, mouths shut, and work within the sys- [From the Washington Post, May 20, 2003] including the Senate’s inquiry that we tem to provide the best intelligence for DIVIDEND VOODOO spent a lot of time putting together, the administration, for the Congress, (By Warren Buffett) that shows failures at many levels and for the warfighters who need to The annual Forbes 400 lists prove that— within the CIA, resulting in an inad- rely on it and whose lives depend upon with occasional blips—the rich do indeed get equate product presented to us and the it. richer. Nonetheless, the Senate voted last administration. The status quo is not Parochialism is one of the CIA’s big- week to supply major aid to the rich in their acceptable. gest problems. These career CIA offi- pursuit of even greater wealth. Director Goss has a very big chal- The Senate decided that the dividends an cers, while having valuable experience, individual receives should be 50 percent free lenge ahead of him. We need to give also carry the baggage of being resist- of tax in 2003, 100 percent tax-free in 2004 him room to address it. Change is ant to change. The status quo may be through 2006 and then again fully taxable in tough, people don’t like it, but it is comfortable to them, but it is dan- 2007. The mental flexibility the Senate dem- necessary. Take two aspirins and call gerous to the country. onstrated in crafting these zigzags is breath- me in the morning. Sit back and take We on the Intelligence Committee taking. What it has put in motion, though, is a deep breath and don’t get upset be- have heard CIA officers say that every- clear: If enacted, these changes would fur- cause he is making changes. thing is just fine, no changes are need- ther tilt the tax scales toward the rich. There are some critics who are going Let me, as a member of that non-endan- ed. Those people are clearly in a state gered species, give you an example of how after him tooth and toenail. I believe of denial. the scales are currently balanced. The taxes the New York Times had a headline We on the Intelligence Committee I pay to the federal government, including today that said ‘‘New CIA Chief Tells take our oversight responsibilities seri- the payroll tax that is paid for me by my em- Workers to Back Administration Poli- ously and will, of course, address legiti- ployer, Berkshire Hathaway, are roughly the

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.101 S18PT1 S11466 CONGRESSIONAL RECORD — SENATE November 18, 2004 same proportion of my income—about 30 per- a Social Security tax ‘‘holiday’’ or give a require them to shower at night. Some cent—as that paid by the receptionist in our flat-sum rebate to people with low incomes. people work outside. Some people work office. My case is not atypical—my earnings, Putting $1,000 in the pockets of 310,000 fami- indoors. Some people have income from like those of many rich people, are a mix of lies with urgent needs is going to provide far wages. Some people have income from capital gains and ordinary income—nor is it more stimulus to the economy than putting affected by tax shelters (I’ve never used any). the same $310 million in my pockets. dividends or earnings or royalties of As it works out, I pay a somewhat higher When you listen to tax-cut rhetoric, re- some type. rate for my combination of salary, invest- member that giving one class of taxpayer a So the question is how should the ment and capital gain income than our re- ‘‘break’’ requires—now or down the line— Tax Code treat all of this? I ask this ceptionist does. But she pays a far higher that an equivalent burden be imposed on question: Which is more worthy, work portion of her income in payroll taxes than other parties. In other words, if I get a or investment? Or are they equally I do. break, someone else pays. Government can’t worthy? And if so, if work is as worthy She’s not complaining: Both of us know we deliver a free lunch to the country as a as investment, then why would one de- were lucky to be born in America. But I was whole. It can, however, determine who pays luckier in that I came wired at birth with a for lunch. And last week the Senate handed cide to treat investment income with talent for capital allocation—a valuable abil- the bill to the wrong party. such preferences in the Tax Code? And ity to have had in this country during the Supporters of making dividends tax-free why would one decide to tax work and past half-century. Credit America for most like to paint critics as promoters of class exempt investment? Why would one de- of this value, not me. If the receptionist and warfare. The fact is, however, that their pro- cide to say we are going to take out I had both been born in, say, Bangladesh, the posal promotes class welfare. For my class. this activity called work and sock it story would have been far different. There, Mr. DORGAN. It reads: with a tax, and we are going to take the market value of our respective talents Let me, as a member of that non-endan- out this activity called investment and would not have varied greatly. gered species, give you an example of how Now the Senate says that dividends should make it tax exempt? What is the value the scales are currently balanced. be tax-free to recipients. Suppose this meas- system that says let’s tax work but ex- ure goes through and the directors of Berk- He means with the Tax Code. Again, empt investment? shire Hathaway (which does not now pay a this is the second richest man in the I think the value system, although I dividend) therefore decide to pay $1 billion in world. do not subscribe to this, is one that dividends next year. Owning 31 percent of The taxes I pay to the federal government, says the most important element in Berkshire, I would receive $310 million in ad- including the payroll tax that is paid for me this business cycle of ours, in this free ditional income, owe not another dime in by my employer, Berkshire Hathaway, are enterprise system, is investment. federal tax, and see my tax rate plunge to 3 roughly the same proportion of my income— percent. Investment is very important, there about 30 percent—as that paid by the recep- is no question about that. But so, too, And our receptionist? She’d still be paying tionist in our office. My case is not atypi- about 30 percent, which means she would be cal—my earnings, like those of many rich is work. Let me read something I put contributing about 10 times the proportion people, are a mix of capital gains and ordi- in the CONGRESSIONAL RECORD in 1996 in of her income that I would to such govern- nary income—nor is it affected by tax shel- the Senate. It was about a fellow who I ment pursuits as fighting terrorism, waging ters (I’ve never used any). As it works out, I think is a hero. I have only met him wars and supporting the elderly. Let me re- pay a somewhat higher rate for my combina- once. I did not know him at all at that peat the point: Her overall federal tax rate tion of salary, investment and capital gains point. I read about him in the Min- would be 10 times what my rate would be. income than our receptionist does. But she When I was young, President Kennedy neapolis Tribune as I came through the pays a far higher portion of her income in Minneapolis Airport one morning. His asked Americans to ‘‘pay any price, bear any payroll taxes than I do. burden’’ for our country. Against that chal- name is Robert Naegele, and this re- lenge, the 3 percent overall federal tax rate His point is that he and the recep- lates to the point of value of work rel- I would pay—if a Berkshire dividend were to tionist pay about the same percentage ative to value of investment. be tax-free—seems a bit light. of their income. Understand, this is the Robert Naegele and his wife Ellis did Administration officials say that the $310 second richest man in the world and million suddenly added to my wallet would something very extraordinary, some- his receptionist in his office. thing that surprised me when I read it stimulate the economy because I would in- Then he says: vest it and thereby create jobs. But they in the Minneapolis Star Tribune that Now the Senate says that dividends should conveniently forget that If Berkshire kept morning at the Minneapolis Airport. be tax-free to recipients. Suppose this meas- the money, it would invest that same ure goes through and the directors of Berk- He owned a company called amount, creating jobs as well. Rollerblade, a very successful com- The Senate’s plan invites corporations—in- shire Hathaway (which does not now pay a dividend) therefore decide to pay $1 billion in pany, the largest company producing deed, virtually commands them—to contort inline skates in America, rollerblades. their behavior in a major way. Were the plan dividends next year. Owning 31 percent of to be enacted, shareholders would logically Berkshire, I would receive $310 million in ad- Most people know about rollerblades. respond by asking the corporations they own ditional income, owe not another dime in I happen to like to rollerblade. I enjoy to pay no more dividends in 2003, when they federal tax, and see my tax rate plunge to 3 rollerblading. So he owned and was would be partially taxed, but instead to pay percent. And our receptionist? She’d still be chairman of this company called the skipped amounts in 2004, when they’d be paying the 30 percent, which means she Rollerblade. tax-free. Similarly, in 2006, the last year of would be contributing about 10 times the He sold the company after it was the plan, companies should pay double their proportion of her income that I would to such government pursuits as fighting ter- very successful, and he made an enor- normal dividend and then avoid dividends al- mous amount of money. Just before together in 2007. rorism, waging wars and supporting the el- Overall, it’s hard to conceive of anything derly. Let me repeat the point: Her overall Christmas in the year 1996, just after sillier than the schedule the Senate has laid federal tax rate would be 10 times what my he sold this company and made a sub- out. Indeed, the first President Bush had a rate would be. stantial amount of money, he decided name for such activities: ‘‘voodoo econom- I read that into the CONGRESSIONAL he was going to return some of the ics.’’ The manipulation of enactment and RECORD because I thought it was a fas- profits from the sale of that company sunset dates of tax changes is Enron-style cinating description by Warren Buffett, to the employees who worked in that accounting, and a Congress that has recently one of the richest men in the world, company. He did not tell any of the demanded honest corporate numbers should about the issue of deciding that divi- workers about it. They began opening now look hard at its own practices. Proponents of cutting tax rates on divi- dends should get extraordinarily pref- what they thought were Christmas dends argue that the move will stimulate the erential tax treatment. In fact, some cards from the previous owner of this economy. A large amount of stimulus, of say we should eliminate the tax on sav- company, Mr. Naegele and his wife. course, should already be on the way from ings and investment, therefore, ex- It turns out it was, in fact, a Christ- the huge and growing deficit the government empting interest, dividends, and cap- mas card with a check. The check was is now running. I have no strong views on ital gains from tax. computed on the basis of the number of whether more action on this front is war- We have a lot of people who do dif- months these people had worked for ranted. But if it is, don’t cut the taxes of ferent things. Some people work hard. the company. It was an amount of people with huge portfolios of stocks held di- rectly. (Small investors owning stock held Some people invest and clip coupons. money that he wanted to return to the through 401(k)s are already tax-favored.) In- Some people get up and shower in the employees as a result of the profit he stead, give reductions to those who both morning. Some people work hard in dif- had made from selling this company need and will spend the money gained. Enact ficult jobs, labor jobs and others that that made rollerblades.

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.030 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11467 The checks were as high as $20,000 to teach the streams of income and what the infrastructure of this country that those who had worked there a long pe- generates the streams of income. You is very important. riod of time. He said: By the way, I teach the business cycle—all of these When he and others get a bill that we have prepaid the taxes on this bonus. issues. Nothing has really changed very can finally get to the floor and create, So this is a check that is free and much over the years except there is a I hope a 6-year program—then we have clear. I have paid the taxes on it for change with respect to those who want to figure out how we pay for that just you. He said: I did this because while I to create a new reality here, suggesting as we have to pay for everything else. was very fortunate to run a very suc- that somehow there is one element of The question isn’t whether there cessful company, I understand that this system of capitalism that is so should be a tax system. There is a sys- this company was successful because of much more important than the others. tem by which we collect taxes. The the wonderful men and women who I do not believe that is the case. I be- question is how should that system be worked there. They worked in the lieve all of this fits together like the constructed so that it is fair to all plant. They worked in shipping. They picture of a puzzle. A significant part Americans. worked in manufacturing. They worked of America’s progress has been the I look forward to a debate this com- in the finance area. They made this worker and the ethic of work and the ing year in which we talk about tax re- company. They were this company. value of work. form and changing our tax system be- They helped make me successful, and I We will work together to overhaul cause I think this is a system that is made a lot of money. But I want to this country’s tax system. But I will ripe for change. But it is critically im- share it with those workers. not be a part of a system that says let’s portant that we have a discussion I thought, what a wonderful story. decide to impose a burden on the recep- about the tax burden and what is fair. What a heroic thing to do, to finally tionist in the office that is 10 times the The President announced today he is recognize something that has been so burden we will impose on the world’s going to have a commission, which is a lost in this country in recent years: the second richest man. That is not a value good thing. I hope that all viewpoints value and the worth of the workers who system that makes sense to me. will be involved in that commission. perform the work, who make these Oh, some will come here and say: But You can get a commission to propose companies. we have to do that to incentivize almost anything here in this town. I These days, employees are too often growth. That doesn’t incentivize saw a few of the names on that com- treated like a wrench: Use it, use it up, growth. That retards fairness, but it mission, and I certainly think it needs throw it away; it is just another tool. doesn’t incentivize growth. some more energy and some more Mr. Naegele understood an employee is We have a lot to do to fix this tax thought from other points on the com- not just another tool. An employee is a system of ours. I proposed in the past pass. part of the personality and produc- and will again a way with respect to But I would say to the President, I tivity of that company. The work is as the current income tax system to re- think the Congress will welcome a de- important as the investment. It is move the burden of some 70 to 80 mil- bate about overhauling the Tax Code. workers and management. It is work- lion Americans from even having to But if it is proposed that we decide, for ers and investors. All of it together file a tax return. We don’t need to have example, that dividends, interest and makes a company and makes a com- the streets clogged on April 15 for peo- capital gains income shall be elimi- pany successful. Very seldom do you ple to get to the post office to get their nated from the tax rolls, we will wel- see that ethic exist these days in how tax returns postmarked. We can and come that debate with a very aggres- people look at these companies. But I should dramatically simplify this tax sive discussion about what is the value put something in the Senate RECORD on system. But we should not take a giant of work and why should we diminish January 10, 1996, paying tribute to this step in the direction of deciding there the value of work. fellow. are some who will pay a substantial I indicated earlier today about the I tell that story today because it de- amount more than others, in reverse ‘‘good enough’’ description, by Ma Fer- scribes the value of work and the un- order here, with the highest amounts guson, the former Governor of Texas. I derstanding of what work contributes being paid by those who are least able will not recall that story again, but if to this country, to the innovation of its to afford it, and the lowest amounts a 5.25-percent tax rate is good enough business community, and to the capa- being paid by those who are most able for companies who move their jobs bility of what America can offer its to afford it. overseas, why is it not good enough for employees in the free enterprise sys- We are blessed to be a part of this all Americans? If a zero-percent tax tem. great country. We could have been born rate is good enough for those earning The question of how we tax is very anywhere. We could live anywhere. We dividends, why is it not good enough important. We must build roads, we share this planet with 6 billion people for the wages of workers. must provide for our country’s com- and, through God’s grace, somehow we Let me just show you, if you exempt mon defense, we must build schools and ended up here. There is not another investment income from taxation, the educate children, we must provide place like it. It is our job to take what top 10 percent get most of the benefit— health care to those who cannot pro- we have inherited and make it better. $463 billion in realized dividend, capital vide for themselves—there are things They say we inherit this from our gain and interest income. The bottom we must do. So we must pay a tax. folks and borrow it from our children. 90 percent have far less. The question of how we impose that This great democracy of ours, includ- So you see, if you eliminate divi- tax burden on the American people is ing the progress over two centuries dends, for example, from taxation, a very important. And this ethic, some- now that I am very proud of, requires massive amount of the tax breaks goes how this notion, this value system that nurturing and constant attention. Yes, to the same old corner that it always says, oh, by the way, let’s tax work and one of the controversial and difficult goes, those who have the most. exempt investment, is one that I think areas has always been, How do you Bob Wills and his Texas Playboys relates directly to values. raise the revenue to do that which is used to have a line in their 1930s song: What is the value system that tells necessary in our Government? The little bee sucks the blossom us work is less worthy than other en- We can debate about how large gov- And the big bee gets the honey. terprises? Work is not less worthy than ernment should or should not be. My The little guy picks the cotton other enterprises. It is an important colleague from Oklahoma will follow And the big guy makes the money. part of what has helped build this me today. He is working, probably Every time we focus on tax reform country. today—I suspect almost every day for we find the same thing, especially in I do not diminish at all entrepreneurs months and months, on this question recent years. and investors. They are an important of, How do we construct a new highway Let me again say I am all for chang- part of this. But so, too, is the impor- program? What amount of money is ing our Tax Code in ways that are tant labor force in this country. necessary? With what formula shall it thoughtful. We ought to simplify it. I taught economics for a brief period be distributed? That is really impor- But we ought to resist efforts that will in college. Samuelson, Econ. 101, you tant work. That is an investment in make it more unfair and strive to move

VerDate Aug 04 2004 00:33 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.106 S18PT1 S11468 CONGRESSIONAL RECORD — SENATE November 18, 2004 towards efforts that will make the bur- Also, we learned a lesson following Then 9/11 came along. Here we are in den fair to all Americans. That has cer- World War I when they raised taxes. It a war. tainly not been the case in recent brought a lot of revenue into the sys- I can tell you that the three factors years. My hope is when we next see a tem to fight World War I. When it was which caused the deficit are factors proposal dealing with America’s Tax over, they decided they would go ahead that we are overcoming as we are Code that we will see something that and reduce the taxes because they did speaking. But you might as well hold represents some semblance of fairness. not need the revenue anymore. They your breath for a while because the war Otherwise there is likely to be a debate were shocked to find out when they re- is going to last a while. breaking out in the Senate, which duced the taxes that the revenue in- f would be a very healthy thing, in my creased. TRIBUTES TO RETIRING judgment. Then again, a very smart President, SENATORS I yield the floor. one I admired very much, was the The PRESIDING OFFICER. The Sen- President of the United States by the DON NICKLES ator from Oklahoma. name of Kennedy. When President Ken- Mr. INHOFE. Mr. President, I am so Mr. INHOFE. Mr. President, I have a nedy was in office we were expanding a pleased that I have a chance a say a number of things to address. I have lot of the things in the social programs few good words about my colleague, been listening with great interest to in this country. He said we have to DON NICKLES. It is hard to talk about my very good friend from North Da- have more money, and we have to raise DON NICKLES. I remember him when he kota. I bow to his superior knowledge more revenue to take care of these pro- was in the State senate. I believe DON in economics. I was not aware that he grams. John Kennedy was a Democrat, NICKLES at that time was the president was a professor of economics, or taught not a Republican. He said the best way of the College Republicans in Okla- economics. They say confession is good to raise revenue was to reduce mar- homa. I remember going to Ponca City for the soul. I will say to my friend ginal rates. So he reduced marginal and giving a speech at his invitation. from North Dakota, I went to nine dif- rates, and sure enough, that opened it Afterwards, he showed just an incred- ferent colleges and universities, all of up and revenue increased. ible interest in politics. This was back them night school where I was sta- Another person came in the White in the 1970s. He ran for State senate. I tioned when I was in the military. I re- House, Ronald Reagan, in 1980. He said believe it was in 1978. And he won. member once I got out I backed a truck the same thing. He actually reduced Midway through that term, in 1980, a up to the University of Tulsa and the top bracket rate from some 95 per- seat opened and he decided he was shoved off all my transcripts, and they cent down to about 25 percent; and all going to run for the U.S. Senate. Ev- looked at it and said: You are an econ- other brackets, too. Everybody got in erybody laughed. Who is this kid, any- omist. So that is where I got my back- on that good deal. The largest tax re- way? He was about 30 years old. He still ground in economics. duction in the history of America suc- looks like he is about 35 years old. At Mr. DORGAN. If the Senator will cessfully reduced taxes and increased that time he looked like he was about yield for a moment, I would say I was revenue. 18 years old. actually not a professor. I did teach ec- The evidence of that, if you look at He ran and defeated some of the real onomics at the college briefly, but I the total revenue that came from mar- heavyweights in the State. Then he was able to overcome that experience. ginal rates in the 1980s, was $244 bil- came and served in the Senate. Mr. INHOFE. Well, good. lion. In 1990, it was $466 billion. It al- I understand that in those early I would like to make a couple of com- most doubled in that decade, that 10- years they wouldn’t let him ride the ments. That is not what I am here to year period. It was the largest reduc- Members’ elevators because they didn’t talk about today. But this President tion of taxes in this Nation’s history. believe he was a Member. They thought has a commitment to do something I hope those who will be engaging in he was a page. about our tax system. I know there is class warfare and are going to be talk- Nonetheless, DON NICKLES started a lot of class warfare that goes on and ing about how this is unfair and how proving himself. I watched him mature people are always talking about taxes the rich need to be paying more taxes in this job. As the years went by, every and that the poor people are paying all keep in mind that the people who are time a 6-year period ended, he would the taxes. It is kind of interesting that paying the taxes are middle-income talk about dropping out. But we talked this President wants to make a dra- Americans. These are the people who him into running. matic change in the tax structure. need the relief. They need to have more Finally, he decided he needed to do When I go back to my State of Okla- opportunities to do more with the something else with his life and do homa, no matter where I go the people money. That is how you increase reve- what is in the best interests of his fam- are all united in saying they really nues. ily. want to have something different. I hear a lot of people complaining But he grew with the ability to offer The interesting thing is, I was riding about this President and the fact we expertise that I haven’t seen in the yesterday with a CPA from Oklahoma have the deficit. Obviously, we have Senate since I have been here, and I and said: If we are successful in dra- the deficit for three reasons. have been here for 10 years. I have matically simplifying the Tax Code, No. 1, we had a recession. This Presi- watched DON NICKLES as he matured, as why would you support that because dent inherited a recession. That start- he gained knowledge in areas and ex- you might be out of work? ed in March of 2000. With the economic pertise in not just one isolated area but He said: I would gladly do it. I can al- activity low, you have to use the for- in all areas. When he stands up to talk, ways find something else. It is unfair mula that for each 1-percent increase everybody is quiet. They want to listen and it is a system that needs to be in economic activity it produces $46 to him because they know he knows cleaned up. billion in new revenue. So it was way what he is talking about. I would only caution people who are down. I can recall when ELIZABETH DOLE watching what is going on in this No. 2, he had succeeded President was first elected. We were making a Chamber, when we get into a discus- Clinton where he had cut the defense tribute to DON NICKLES about 3 months sion of changing the Tax Code, every spending down to the bone with the after she was here. She said: I have time there is someone who suggests myth floating around that somehow watched him talk about the budget. I that you lower the marginal rates of the cold war was over; we didn’t need a have watched him talk about how you taxation, they assume that this is an military anymore. We were down to finance Government. I have watched unjust burden on the lower income peo- about half the Army divisions, down in him go through all these very difficult ple. tactical airwings, and half in ships, things, and I have been here 3 months In fact, when this President did it he down 300 from 600. Then we realized we and I have to confess I don’t even know was lowering the tax rate on people were in a more hostile world. By the what he is talking about. I said: ELIZA- who paid taxes. Obviously, if you don’t time President George W. Bush had to BETH, don’t feel bad. I have been here 10 pay taxes, you can’t lower the rate. start rebuilding the military, our mod- years and I still don’t know what he is That is what he was faced with. ernization programs had stopped. talking about.

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.108 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11469 DON NICKLES developed that level of Oklahoma City, OK, who died in the thoughts and prayers are with his fam- expertise that other people do not. It is name of freedom in Iraq on 8 July 2004. ily for the loss of such a special man. because he studies. He works. He moved to Oklahoma City from On behalf of the U.S. Senate, I ask He is going to be sorely missed by a Altus, OK and began attending John that we pay tribute to Sergeant Galvan lot of people around here because of Marshall High School. and the men and women like him, who what he had to offer and because of the Specialist Sampler saw the Army as know the true meaning of service and contributions he has made. an opportunity for focus and direction sacrifice. These men and women have I am 15 years older than DON NICK- and joined in 2001. He was deployed to tasted freedom, and wish to ensure LES. I have been his junior Senator. I Iraq with 1st Battalion, 26th Infantry that freedom for those who have never guess it is now time I become senior Regiment, 1st Infantry Division based experienced it. I honor the memory of Senator. in Schweinfurt, Germany. In serving our sons and daughters who have died I will miss his expertise, his charm, his country, Sonny Sampler did not for this noble cause, and especially the his humor, and most of all I will miss shy away from his other duties. In the memory of Oklahoma’s son, Daniel Lee him because he is my brother. I will words of Maj. Gen. Douglas Dollar, Galvan. miss him dearly. Don, it is going to be ‘‘This young man was willing to go to CPL NATHANIEL T. HAMMOND goodbye to you but hang around. We a strange land and fight for people he Mr. President, I rise to honor the look forward to working with you and didn’t know.’’ It is the same young memory of a brave young American accepting your advice because I know man who sold some belongings to pay who gave his life defending the Nation. it will be there when we need it. for a flight from Germany back to the He felt a call to serve his country, to The PRESIDING OFFICER. The Sen- United States at Christmas to surprise be part of something bigger than him- ator from Oklahoma is recognized. his mother. Such a family man is to be self, and for that call he paid the high- Mr. INHOFE. I thank the Chair. much valued. est price. (The remarks of Mr. INHOFE per- Specialist Sampler was tragically Cpl Nathaniel T. Hammond was as- taining to the introduction of S. 2997 killed when he was searching the Iraqi signed to the Marine Reserves’ 2nd Bat- are located in today’s RECORD under National Guard Headquarters for sur- talion, 24th Marine Regiment, 4th Ma- ‘‘Statements on Introduced Bills and vivors, following an allied attack. rine Division in Chicago. Nathan Joint Resolutions.’’) When the ruins underwent an attack by wasn’t a native Oklahoman—he was insurgents, Sonny Sampler and five born and raised in Brighton, MO, where f other U.S. soldiers died. He was 23 he graduated from high school in 1998 HONORING OUR ARMED FORCES years old. and then joined the Marines, but he Our thoughts and prayers are with lived in Tulsa and had trained with the CPL. JOSEPH L. NICE this American hero’s family and Anti-Tank Training Company, a Ma- Mr. INHOFE. Mr. President, I rise friends at this very difficult time. We rine Reserve unit, in Broken Arrow. today to honor Marine LCpl. Joseph L. should never cease to be proud of this On November 8 in Babil province, Nice from Nicoma Park, OK, who made man. Iraq, he was killed in an insurgent at- the ultimate sacrifice for his country SGT DANIEL LEE GALVAN tack. He gave his life for the freedom on August 4, 2004. This fourth-genera- Mr. President, we also pay homage to of millions of Americans, and also for tion soldier died defending the freedom Sgt Daniel Lee Galvan, who joined the the peace and prosperity of the Iraqi he enjoyed and fighting to ensure it for Army to realize his childhood dream of people only now beginning to recover others. working with helicopters. Earlier this from decades under a totalitarian re- Lance Corporal Nice moved to year, Sergeant Galvan made the ulti- gime. Nicoma Park, OK from Newark, NJ, in mate sacrifice for his country—his life. Corporal Hammond had a long-held 1998. He was a gifted young man—a mu- Sergeant Galvan was a dedicated de- desire to serve the military as a mem- sician, artist and sportsman, who used fender of America who followed his fa- ber of the Special Forces, but even as a these gifts in the marching band and ther into the military. For this service member of the Marine Reserve, he was on the soccer team at Choctaw High and his sacrifice, I am proud to honor ‘‘doing what he wanted to do and what School. From the age of 5, he had him in the Senate today. the loved to do,’’ according to a child- longed to follow in the footsteps of his Daniel Galvan was born in Fort Ord, hood friend and fellow soldier. His par- father, his grandfathers, and his uncle CA, but later moved to Moore, OK, ents have described how Nathan in serving in the military. After weigh- where he joined the Army reserve after evinced the selfless attitude toward ing this tradition and putting on hold high school but enlisted in 1996 to ful- service to country that is so evident in his plans to study law, Joseph Nice de- fill what he saw as his calling to be a all our military men and women. cided to join the Marine Corps in June soldier. Though he knew a career in the We are all glad Nathan Hammond 2003. military would enable him to provide was willing to serve. His loss is griev- Lance Corporal Nice was assigned to for his family, the paycheck was never ous to all of us. Our thoughts are with 3rd Battalion, 7th Marines, 1st Marine his primary motivation. In the words his parents and the rest of his family Division, I Marine Expeditionary Force of his wife, Sonya, ‘‘He joined because back in Missouri. At the same time, we stationed at Marine Corps Air Ground he believed in the cause. He believed in recognize his valor and commitment. It Combat Center at Twentynine Palms, the military. And he was proud to wear is for men like Nathan Hammond that CA. His unit was deployed to Iraq in the uniform and honored to be an I am proud to be a part of this great February 2004, where Lance Corporal American.’’ Sergeant Galvan was a hel- country. He was a special soldier, a Nice and his fellow Marines faced daily icopter crew chief with the 2nd Bat- true Oklahoman, and a true American. attacks in the Anbar province. During talion (Assault), 25th Aviation Regi- PFC NACHEZ WASHALANTA II one of these attacks on August 4, 2004, ment, 25th Infantry Division (Light), Mr. President, I honor the memory of Joseph Nice was killed. based out of Schofield Barracks in Ha- a courageous young Oklahoman who I represent the State of Oklahoma in waii. died while defending his Nation. Ma- paying my condolences to the family of On August 12, 2004, the Black Hawk rine PFC Nachez Washalanta II grew this American hero. A friend of his said helicopter that was transporting Ser- up in the great State of Oklahoma, about him: ‘‘If you had a problem, he geant Galvan and fourteen other sol- went to school in Ardmore and Silo, was always there for you.’’ Through his diers in Afghanistan developed me- and joined the Marines in April 2002. service in Iraq, LCpl Joseph Nice dem- chanical problems and crashed near the The road wasn’t always smooth for onstrated his worthiness to receive this Pakistani border. The fourteen others Wash, as his fellow Marines called him. highest compliment. Our thoughts and were wounded, but Daniel Lee Galvan, He grew up in a foster home with four prayers are with his family and friends an honorable Oklahoman and example other boys, and got his GED instead of today. for us all, paid the ultimate price. Ser- graduating from high school. Eventu- ARMY SPC. SONNY G. SAMPLER geant Galvan left behind his wife as ally, Private Washalanta found a home Mr. President, we also pay homage to well as two children, his daughter Au- with the United States Marine Corps. Army SPC Sonny G. Sampler from drey, 13, and his son Joseph, 11. Our He was the driver of a light-armored

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.067 S18PT1 S11470 CONGRESSIONAL RECORD — SENATE November 18, 2004 vehicle, and although he sometimes rine from the day that he was born . . . and peace. When I think about this just complained that he joined the Marines His grandfather was in the Army dur- cause in which we are engaged, and the to fight and not to drive, he got his ing Korea. He latched onto that and unfortunate pain that comes with the chance in Iraq. loved it.’’ It was clear that from a loss of our heroes, I hope that families Private Washlanta was a member of young age, Morgan felt compelled to like Morgan’s can find comfort in the the 1st Light-Armored Reconnaissance serve his country in the Armed Forces, words of the prophet Isaiah who said, Battalion, 1st Marine Division, I Ma- just as his grandfather had done. ‘‘He will swallow up death in victory; rine Expeditionary Force from Camp Morgan was the thirty-seventh Hoo- and the Lord God will wipe away tears Pendleton, CA. He paid the ultimate sier soldier to be killed while serving from off all faces.’’ price. When you think about these five his country in Operation Iraqi Free- May God grant strength and peace to great Oklahomans, as well as others dom. He was assigned to the Kilo Com- those who mourn, and may God be with around the country, and some 1,100 who pany, 3rd Battalion, 1st Marines, Regi- all of you, as I know He is with Mor- have lost their lives, it is a shame that mental Combat Team-1, 1st Marine Di- gan. so many people in America do not un- vision, Camp Pendleton, CA. This brave f derstand what these soldiers under- young soldier leaves behind his father FAREWELL stand. and stepmother, Gary and Janet; his Mr. President, I have the honor of mother and stepfather, Linda and Tim- Mr. BREAUX. Mr. President and col- being, I guess, the second or third othy; his grandparents, Onza and Es- leagues, the last time anyone does any- ranking member of the Senate Armed telle Morgan; his grandfather, William thing in their career or in their life, I Services Committee. Consequently, I Strader; his sisters, Amber, Jessica and think it is a time for a certain degree may have made more trips over to Iraq Rachel; and his brothers, Brian, Chris of sadness and a certain degree of nos- and Afghanistan than anyone else. I and Matthew. talgic remembrance of the times past. am always approached by these young Today, I join Morgan’s family, his This evening will probably be my last people. They say: Why is it, Senator, friends and the entire Hoosier commu- opportunity to address this body as a that the people back home don’t appre- nity in mourning his death. While we Member, as a Member of the Senate, ciate what we are doing? These people struggle to bear our sorrow over this representing my great and wonderful are dedicated, and they know exactly loss, we can also take pride in the ex- State of Louisiana. While some would say, well, it has to what they are doing. Unfortunately, we ample he set, bravely fighting to make be a very difficult time to speak for the have a media that tries to demean ev- the world a safer place. It is his cour- last time on the floor of the Senate, erything they are doing. And I give the age and strength of character that peo- looking back at all the great memo- assurance to these young people that ple will remember when they think of ries, I look back with nothing but even though it might be that the net- Morgan, a memory that will burn great pleasure over the many years I works, CNN, and the New York Times brightly during these continuing days have spent in the Senate as well as in and the Washington Post do not know of conflict and grief. the House of Representatives. and appreciate what they are doing, we Morgan was known for his dedication I have been very honored to serve and do, the real people of America. And to family and his love of country. When be elected seven times to the other they are heroes. looking back on Morgan’s life, his fa- body, serving 14 years as a Member of I think most of our young people re- ther, Gary, recalled to the Indianapolis alize our country is facing the greatest the House, representing southwest Star a conversation that he had with Louisiana—it was a great and wonder- risk it has ever faced. This is not con- his son shortly before his departure for ful time—and then moving on to the ventional warfare. This is not some- a second tour in Iraq. Gary was trying Senate 18 years ago, representing the thing that is predictable. Sometimes I to convince his son that he had done entire State of Louisiana. say I look back wistfully at the days of his part and his service was complete. So when you look back over those the Cold War where we had two super- Morgan told his father upon deciding years, I think a lot of people would say: powers, and they were predictable. We to reenlist, ‘‘ Dad, the guys in my unit Well, it is your last speech, and it must were predictable, they were predict- aren’t experienced in this . . . I need to be a very nostalgic time, and you real- able. This is totally unpredictable, but help them.’’ Morgan died in the same ly are sad. I am not. I am pleased. I am it is a war that has to be won. I pay fashion in which he had lived by put- happy. I am overwhelmed with the op- homage not just to those Oklahomans I ting the well-being of others before his portunity that was presented to me for mentioned today, but all who are there own. Today and always, Morgan will be those 32 years in the Congress to serve and many who have paid the ultimate remembered by family members, the people of Louisiana in one capacity price for our freedom right here in this friends and fellow Hoosiers as a true or another, both in the House, as well country. American hero and we honor the sac- as in this Chamber. SGT MORGAN W. STRADER rifice he made while dutifully serving Thirty-five years ago, I, with my Mr. BAYH. Mr. President, I rise his country. wife, came to Washington for the very today with a heavy heart and deep As I search for words to do justice in first time as a young staff person, leg- sense of gratitude to honor the life of a honoring Morgan’s sacrifice, I am re- islative assistant, having just gotten brave young man from Brownsburg, IN. minded of President Lincoln’s remarks out of law school. I worked in the Sev- Sgt Morgan W. Strader, 23 years old, as he addressed the families of the fall- enth Congressional District office for died on November 12. After completing en soldiers in Gettysburg: ‘‘We cannot then-Congressman Edwin Edwards. It his enlistment, Morgan voluntarily ex- dedicate, we cannot consecrate, we was a great learning period for me. tended his service, choosing to accom- cannot hallow this ground. The brave Shortly after serving as a staff per- pany his unit back to Iraq—a selfless men, living and dead, who struggled son, there was a vacancy that was cre- choice that would cost him his life. here, have consecrated it, far above our ated, and I ran for that vacancy as a Morgan was shot while conducting poor power to add or detract. The young 28-year-old member of the Bar combat operations in the Al Anbar world will little note nor long remem- Association in my State. I ran for Con- Province of Iraq. With his entire life ber what we say here, but it can never gress and had a slogan I remember before him, Morgan risked everything forget what they did here.’’ This state- back then, when I was 28, when I was to fight for the values Americans hold ment is just as true today as it was running for Congress for the first time. close to our hearts, in a land halfway nearly 150 years ago, as I am certain My slogan was: ‘‘Experience makes the around the world. that the impact of Morgan’s actions difference.’’ Before moving to Crossville, TN, will live on far longer than any record Most of the people I was running Morgan attended school in of these words. against were old enough to be my Brownsburg. Morgan graduated from It is my sad duty to enter the name grandfather or grandparent, certainly high school and followed in his grand- of Morgan W. Strader in the official old enough to be my parent. Yet I had father’s footsteps by joining the mili- record of the U.S. Senate for his serv- the audacity to print the slogan on a tary. Morgan’s father, Gary, told the ice to this country and for his profound bumper sticker that ‘‘Experience Indianapolis Star that ‘‘He was a Ma- commitment to freedom, democracy makes the difference.’’

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.069 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11471 Of course, it aggravated the heck out House, and Bob Michel was the Repub- Russell Long.’’ He said, ‘‘You’re not a of all the people I was running against lican leader. And Tip O’Neill and Bob Congressman.’’ I said, ‘‘Yes, sir, I am.’’ because they said: How dare someone Michel probably differed as much as He looked at me and walked off the ele- 28 years old talk about experience any two people you could possibly vator. Those Members are so wonderful making the difference; He has none. know in terms of philosophy in how to look back on, and it is interesting to Well, I was the only person running Government should work. Tip O’Neill see how things have developed. who ever worked in a congressional of- was an FDR liberal Democrat from I learned a great deal from Russell fice in Washington. I was the only per- Massachusetts, and Bob Michel was Long. He taught me how to work with son who had ever run a congressional from Peoria, IL, a middle America Re- people. He could get more done in the office in the district. And I was the publican. They did not agree on how evening over a bottle of bourbon than only lawyer who was running. I told Government should work necessarily we can get done by having months and the people in that first race that we from a philosophical standpoint, but months of hearings and hours of debate were electing someone to go to Wash- they knew how to make Government because he knew how to bring people ington and make laws, and I was the work. together. He had an incredibly great only lawyer running. Therefore, they They spoke more in one day back personality and sense of history of should vote for me. then than some of the leaders later on where he came from. And he learned That went over fairly well for a pe- spoke in a year because the House from his father who also served in this riod of time until all of my opponents changed to a position where now many body. realized 98 percent of the people were times leaders do not speak to each I also served with Bennett Johnston, not lawyers, and about 100 percent of other. I would suggest that government a great person who could work both them hated lawyers. So as soon as they was not any worse off when you had a sides of the aisle. He became chairman started articulating that different Tip O’Neill and a Bob Michel traveling of the Energy Committee and senior viewpoint on the function of lawyers, I together, playing golf together, drink- member of the Appropriations Com- started going down in the polls, and ing in the evening and having a cock- mittee. Bennett was outstanding. It thank goodness the election was only a tail together, playing golf together, was interesting because we never had a couple weeks later. betting on sporting events together, cross word politically. A lot of Mem- To make a long story short, we were which I know they did because they bers, I think, have natural competition elected back in 1972 and came to Wash- had a relationship that allowed them between Members of the same State, ington. I came with my wife Lois and to find out, What do we have to do to particularly if they are in different two very small children, John, Jr., and accomplish what we both realize is best parties. I have had the fortune to serve Bill Breaux. I remember we had to rent for this country? They were able to do only with members of the Democratic a U-Haul truck to come to Washington. that in a way that I thought was in- Party in the Senate. Bennett and I had I had never had an opportunity to be up credibly effective. a wonderful working relationship. He here. We came up, and I will always re- Hale Boggs swore me in to the House would take the lead on some things, member this: When we left Louisiana, of Representatives, a truly great ma- and I would try to take the lead on oth- my two sons did not want to go. My jority leader. I learned a great deal ers. It was a wonderful relationship. youngest son, the night before we left, from him and had a great deal of re- In the last several years, it has been when he was saying his prayers, said: spect for everything he taught me and MARY LANDRIEU, who I have seen de- Goodbye, God. We are moving to Wash- taught so many. velop into one of the greatest politi- ington. That was back then. My two sons, cians and greatest leaders of our State. My oldest son, who was about 4 or 5 who were crawling and saying their She comes from a great tradition, a at the time, ran away to a neighbor’s prayers before bed, are both 38 years of long tradition of outstanding public house and crawled under the house. In age. My oldest daughter, Beth, is 34 servants in the State of Louisiana, par- Louisiana, the houses are built off the and is married to a wonderful person ticularly in the city of New Orleans. ground. He ran under the house and named Jeff Shepardson; and now we She learned from the masters, and the would not come out. And we had my have three beautiful grandchildren, masters were her parents, brothers and mom Katie, my dad Ezra, my father-in- Anna Kate, Campbell, and C.J. sisters. They were all involved and law Lloyd, and my mother-in-law Doris Shepardson, age 2. Also, my youngest they do a wonderful job in representing who were all there watching us get into daughter, Julie, is now 28. our State in so many different capac- the U-Haul to go to Washington, and I So after you have been here a while, ities. had to crawl under the house and lit- you wake up one day and say where has So I have had a wonderful oppor- erally drag John, Jr., out from under all the time gone and how fast it went. tunity to serve with people from my the house and make him get into the I think about that often, but I also State who have been friends and out- U-Haul truck so we could move to think about all of the wonderful things standing colleagues, along with all of Washington. I finally got him here. I have been privileged to witness, the other folks that we have had the We came to Washington. I will al- watch, and participate in, in those 32 opportunity to serve with. I have ways remember we came here on a Sat- years in Congress. It has been a real looked at meeting people in Congress urday. I wanted to go to see the Capitol privilege and pleasure. I have had the not just as colleagues who were elected because I knew it was going to be such honor of serving with three great Sen- to public office, but I looked at each an impressive place. I remember that ators, including Russell Long, when he one of them as a potential friend. I night the Marine Corps Band was play- was the senior Senator from Louisiana learned a long time ago that you have ing, how they do in the springtime. and I was a House Member. I remember to understand where people come from They have concerts. They used to do coming over to see Russell when I first to appreciate what they are all about. that on the front steps. And they were got into the House of Representatives. I think many times we take a position having a concert. I thought they were I wanted to come and pay my respects. automatically that we don’t like some- playing the concert for me. I had been in Congress about a week. one because of where they are from or We were so delighted as a family to So I came over to the Senate and what party they are in, without delving be able to see our first impressions of walked up in the Senate office building into their backgrounds, why they say the U.S. Capitol, with the playing of to see Russell Long. I remember get- what they say, and who helps develop the band on a wonderful evening. It ting on the elevator and it went up to those ideas. was a great memory then, and it is still the second floor. The door opened and I remember when I was in the House, a great memory 35 years later. Senator Jim Eastland from Mississippi I served on the Public Works Com- In those days when I was in the got on. He looked at me—and I was on mittee with Bella Abzug, who many House, we had an arrangement, if you the Members elevator, which shows thought was the most liberal person in will. In those days when I arrived here, you the audacity I had even then. He the Congress. I remember Bella Abzug Carl Albert was Speaker of the House. looked at me and said, ‘‘Hey, boy, what telling me, you know, where I come And then Tip O’Neill became the are you doing here?’’ I said, ‘‘I am a from, in my congressional district, Democratic leader and Speaker of the Congressman and I am going to see they think I am too conservative. She

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.070 S18PT1 S11472 CONGRESSIONAL RECORD — SENATE November 18, 2004 had the type of district that encour- erybody wins. Then we can argue and tume for Mardis Gras that would have aged her and helped her and pushed her fight over which team won. That way, put Elvis Presley to shame. It was an to represent the people as they wanted I can go back to Louisiana and tell amazing array of gold and sequins, the to be represented in the Congress of the them look what I did, and somebody likes of which I have never seen. He United States. So if you understand from Texas or Illinois can go back to looked so much at home in that outfit. where people come from and under- their State and say look what I did. I said to him: How do the people back stand their background and who they And that is fine, because we can argue in Louisiana take to that kind of represent, I think it helps you under- about success and not debate over fail- dress? stand how people of different positions ure and whose fault it was. The Amer- He said: You know, they would throw can be friends, because they are truly ican people would be better served if me out of office if I didn’t do these trying to represent their States the the debate here could be a debate about things. They expect that of me. best they can. It is not just because of how we accomplish something as op- I also went down to New Orleans with their politics but because of where they posed to why we didn’t get anything him and saw him in a musical perform- are from. done. ance with a zydeco band. He has musi- Let me say one other thing that I I leave with a great deal of apprecia- cal talent most people don’t know think we need to pay attention to in tion for everybody who helped me, in- about. this body, the Senate. That is, we cluding my staff, many of whom are in I tell you these things because people should not let outside forces dictate to the gallery. They helped me every day who follow the Senate, hear the speech- us how we treat each other and how we over and above the call of duty. I also es, look at positions on issues and look work together. Many times, when thank the people on the floor with me, at the party labels, forget that behind Democrats have a caucus lunch on including Diana Bostic and so many of each and every one of us is a real life Tuesday right outside this Chamber, the friends we have worked with, like story. Republicans are having theirs separate Lula, who was with Senator Long be- I love the story of your family com- from us at the same time. Many times, fore, and all of the other people. This ing to Washington, JOHN. It is a beau- we hear people call in from the outside has been a joint venture, to say the tiful story of packing up the kids and who are in public relations, PR men least. I leave with a great deal of opti- your first impression. Every one of us and women and pollsters, who spend an mism. has that story to tell. There are new inordinate amount of time telling us I am not leaving because I am un- Senators coming and saving up those how we can take actions that will show happy or because I am mad. I have en- stories in their own minds for the day how the other side is wrong and we are joyed every single minute of it. I have they stand behind that desk to say right. Right across the hall, the Repub- to admit that some minutes I have en- what it means to be one of the few licans are hearing some of the same joyed more than others, but by and Americans given a chance to serve in type of public relation firms arguing to large it has been a great and wonderful this great Chamber. them how they can posture themselves experience. I give nothing but the very We are going to miss JOHN BREAUX to be able to blame the Democrats for best to my colleagues and wish them and all that he brought to the Senate failure. nothing but the very best in the future. and all he brought to this Nation. He Back in the old days, we used to do Thank you, Mr. President. has been a problem solver. He has tried all this together. People would stand The PRESIDING OFFICER. The Sen- to reach across the aisle over and over up and give their position, and the ator from Illinois. to create bipartisan coalitions. Some- other side would give theirs and find f times I was with him; sometimes I was out we are trying to accomplish the not. It did not make any difference be- same thing, coming at it from slightly TRIBUTES TO RETIRING cause it was a good-faith effort on JOHN different venues and in a slightly dif- SENATORS BREAUX’s part to serve his State and ferent direction. I always feel that if JOHN BREAUX this Nation. you only listen to yourself, you are Mr. DURBIN. Mr. President, I am for- He has had a great career in the only going to hear an echo and you are tunate enough to have been here to House and the Senate. His departure never going to disagree. That is why it hear my colleague from Louisiana give will leave a gap in terms of quality is so important to hear the other side, his farewell speech. It was my good for- that many of us will work hard to fill. listen to what the other side has to tune to have served with him both in JOHN, I am honored I could serve with say, understand what they say. You the House and in the Senate. He is one you and that I could hear your parting don’t have to agree with them, but I of the favorites of both sides of the remarks this evening. I wish you and think you are a better person if you aisle. It is an amazing tribute to JOHN your family the very best. understand and your position becomes and his political career that he does Mr. President, I yield the floor. stronger if you know what the other have so many friends in the Senate. The PRESIDING OFFICER. The Sen- side is going to argue. It makes your From the liberal wing to the conserv- ator from Alabama. position better and stronger. ative wing, Republicans, Democrats, FRITZ HOLLINGS But you also must realize that nei- North, South, East and West, you like Mr. SHELBY. Mr. President, I would ther party has a monopoly on the JOHN BREAUX. You like him because he like to take a few minutes to talk truth. Both sides have good ideas. The is a genuine person and also because he about our departing colleagues. I am real answer to this body and the House, comes from a State that is a lot of fun going to start with the senior Senator and for democracies everywhere, is try- and he is a lot of fun. Some of my best from South Carolina, the senior Sen- ing to take the best of what both sides memories of JOHN are his hard work ator after many years of waiting in the can offer and blend them in a package here and then his hard play at home. wings, and that is Senator FRITZ HOL- that simply makes Government work When he would invite us to New Orle- LINGS. for all of us. People back home are not ans for a Democratic leadership con- I first got to know FRITZ HOLLINGS so much concerned about who wins and ference and other meetings and show after I came to the Senate in 1986. My loses as they are about whether we are us his major city in his home State, it wife Annette and I have worked with getting the job done. Congress does not was always a treat. FRITZ and his wife Peatsy. We have have to be like a Super Bowl. In the Then occasionally he would export a traveled around the United States with Super Bowl, you have to have one team little bit of Louisiana to Washington them. We have been with them in their that is going to win and one that will and to the site of the Democratic Con- home. We visited them in Charleston. lose. If there is a tie, they have a play- vention, and it was always a sellout We traveled around the world with off and go into overtime until one team event. People wanted to be there. JOHN them. wins and one team loses. There is noth- never let them down. I saw him at the He is a unique individual, to say the ing wrong with the Congress trying to Los Angeles Convention where he gave least, but he has had, as the Presiding find ways to reach agreement and a little party—and I use that term ad- Officer knows, a distinguished career blending the best from both sides and visedly. It was not little at all, it was as a State Senator in his native South coming up with something so that ev- a big party. He was dressed in a cos- Carolina and then lieutenant governor

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.074 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11473 and Governor of his State before he the U.S. Air Force as an intelligence JOHN EDWARDS is a young man, a man came to the Senate I believe in 1966. officer. He served as a staffer, and then with a lot of talent, and I am sure we He has had a distinguished career as he was in my class in 1978 as a member will hear from him in some respect, po- chairman of the Commerce Committee of the House of Representatives. That litical or otherwise, in the future as for many years and as a senior member is where I first met TOM and worked life goes on. of the Appropriations Committee and with him and respected him. Some- PETER FITZGERALD chairman for many years, and ranking times we would be on other sides of the Senator PETER FITZGERALD from Illi- member now, of the Appropriations issues, but nevertheless, I always nois is a very young man, one of the subcommittee dealing with State-Jus- thought in his dealings with me and youngest men to come to the Senate. tice. others he was a very honorable, decent He chose to serve only one term. I FRITZ, we are going to miss you. We person. think he has been involved in some of are going to miss your humor. We are He is a relatively young man. He the big issues of the day. He is a man going to miss your frankness. We are served us well, I thought, as majority of integrity. He is a man who wants to going to miss your wisdom. And we are leader. He was always fair and up front do the right thing. He is always going going to miss your wife Peatsy about with us. He will go on to good things, to be involved in the issues of the day, whom we all care and love. You have I am sure. I wish TOM and his wife as he has been. invited a lot of us to visit you in Linda the best. PETER, we wish you and your family Charleston. I hope you add some more the best as you go back into the pri- BOB GRAHAM rooms to that house there because a lot vate sector where you have excelled Senator BOB GRAHAM is a friend of of us will be coming to see you. You and done things so well and for so long. have been a great American. mine, a Democrat, a former Governor We are going to miss all these Sen- In addition to public service to his of Florida for two terms. He came to ators, on both sides of the aisle, be- State and to the Nation, FRITZ HOL- the Senate in 1986 when I did. We cause collectively they bring a lot of LINGS was a young graduate of the worked together on many committees, experience and a lot of wisdom to the Citadel in his hometown of Charleston but we worked closely together on the Senate. They have served, as I said, before the Second World War, and he committee you serve on today, Mr. with distinction and honor here. served with distinction as an officer in President, and that is the Intelligence TOM DASCHLE Europe for a long time through many Committee. Mr. CONRAD. Mr. President, I want battles. I was the chairman of the committee to take some time today to pay tribute I respect you, FRITZ. I commend you and then he became the chairman when to one of my closest and best friends in for your service, and I look forward to the Democrats got control of the Sen- the U.S. Senate, our Democratic lead- visiting you both here and in Charles- ate, and I was the vice chairman. I er, TOM DASCHLE. ton in the years to come. found BOB GRAHAM to be working day It is hard to put into words how DON NICKLES in and day out, to be a very upfront much I will miss Senator DASCHLE One of my other colleagues we all man, a very honorable man, a man of when he leaves the Senate at the end of care about and work with is DON NICK- his word. I certainly wish him well in this session. Senator DASCHLE and I LES of Oklahoma. He came here as a whatever he does in the future. were both first elected to the Senate in very young man in 1980. He has been BEN NIGHTHORSE CAMPBELL 1986. He immediately became a friend, here 24 years. He was the whip, assist- My friend Senator CAMPBELL, BEN and that friendship has only grown ant majority leader. He was right here NIGHTHORSE CAMPBELL, you talk about stronger over the years. Senator on this floor. He spent many days, somebody unique. He is a unique Amer- DASCHLE had already served South Da- many hours trying to herd us together ican. He is a Native American. He is kota in the House of Representatives as one of our leaders. He is now at the proud of who he is. He has represented for many years when he came to the moment the chairman of the Budget the State of Colorado, both in the Senate, so he was able to help show me Committee, and that is a feat in itself. House of Representatives and in the the ropes when I first arrived in Wash- He is a senior member of the Finance Senate, very well. I wish him the very ington in 1987. His advice and counsel Committee. best. He will certainly not go away in were given freely. But what really drew We wish you had stayed around, but the future. me to TOM were his genuine delight in you chose to leave the Senate on your ZELL MILLER seeing and greeting friends, staff and own volition. DON, we will see you, we Senator ZELL MILLER, the colleague colleagues; his selfless passion for serv- will miss you, and I commend you for ing the people of South Dakota; and, your service to the Nation and to your of the Presiding Officer, is a distin- guished Senator from Georgia. He above all his wonderful, self-effacing great State of Oklahoma. sense of humor. Put simply, Senator JOHN BREAUX served as Lieutenant Governor of Geor- gia, I believe, State senator, and then DASCHLE was able to take on issues JOHN BREAUX was just on the floor a very seriously without taking himself few minutes ago. I first met JOHN Governor of Georgia for at least two terms. He came to the Senate and dis- too seriously. BREAUX when I came to the House of Over the years, we have served to- tinguished himself. He is someone for Representatives in 1978. He had pre- gether on the Agriculture, Finance and whom I have a lot of respect, for his in- ceded me, although he is a little young- Indian Affairs Committees. We have tegrity, for his forthrightness, for his er. He was a young man in the House of fought side-by-side in numerous battles grit, for his perseverance, and also his Representatives. He was very involved to serve the interests of the people of foresight. and was one of the first people I met the Dakotas. there. ZELL, we will miss you in the Senate. On the Agriculture Committee, Sen- But we will see a lot of you. I hope to He tried to work with both sides, the ator DASCHLE was a tireless advocate Democrats and Republicans. He has visit you in north Georgia. You tell me for the interests of the northern plains been involved in the forging of a lot of what a beautiful place it is, and it is producers we both represent. We fought compromises—meaningful ones—over not too far from my State of Alabama, together for targeted farm assistance the years. He has represented his State so I hope you have a room for us there. to ensure that scarce Federal dollars of Louisiana both as a Congressman We will come see you, especially when for commodity programs would most and as a Senator well, I believe, for the apples are ready to pick and you benefit average size family farms. We many years. JOHN, we wish you and are ready to show us around. fought together against concentration your wife Lois the best. We know you JOHN EDWARDS in the agriculture industry. We fought are not going to go very far, but you We have also Senator EDWARDS from together against unfairly traded im- have a lot of friends in the Senate on North Carolina. I first met JOHN ED- ports of Canadian grain. We fought for both sides of the aisle, and you know WARDS 6 years ago when he came to the disaster aid time and time again. And that. Senate. He is a very accomplished law- we joined to make sure a new farm bill TOM DASCHLE yer, a very engaging person. He was the was enacted in 2002. TOM DASCHLE will be leaving us. He Democratic nominee, as we all know, It is safe to say that without the ac- served this Nation well. He served in for Vice President of the United States. tive leadership and support of Senator

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.077 S18PT1 S11474 CONGRESSIONAL RECORD — SENATE November 18, 2004 DASCHLE, we would not have had a new dose of good humor and humbleness. It Throughout his career in public serv- farm bill in 2002. And if we had not also meant that much of what Senator ice, Senator GRAHAM has also taken a written the bill in 2002, I firmly believe DASCHLE accomplished was done quiet- leadership role on behalf of public edu- that mounting budget pressures would ly behind the scenes. Too often, he did cation. Long before the enactment of have made it virtually impossible to not get the public credit he deserved the No Child Left Behind Act, Senator write good legislation in 2003 or 2004. for the painstaking hours he spent GRAHAM worked to improve Florida So family farmers all across this coun- building consensus and moving issues public schools by making certain that try, many of whom might not ever forward to benefit the American peo- children have the highest quality pub- have heard of TOM DASCHLE, have lost a ple. Instead, he quietly stepped back lic education system. He advocated on champion. and let others take credit. behalf of rigid student testing for com- On the Finance Committee, Senator You cannot be successful as a Sen- petency in academic courses, worked to DASCHLE fought passionately for better ator, and especially as a leader, if other reduce class size, to improve the learn- health care for all Americans. We Senators cannot trust you. Senator ing environment through new school fought together to strengthen the DASCHLE may at times have left our construction and to provide more op- Medicare program and improve pay- colleagues on the other side of the aisle portunities for higher education assist- ment rates for rural health care pro- frustrated by his mastery of Senate ance for college students. viders. We fought to preserve the Med- rules and political tactics. But they al- Through our years together in the icaid program, which provides a health ways knew he was someone they could Senate, I was privileged to work with care safety net for the most vulnerable deal with in good faith. They always Senator GRAHAM closely on health care among us. We fought to create the knew they could trust his word. And and Social Security issues. As a col- State Children’s Health Insurance Pro- they always knew he would work hard league for 10 years on the Senate Fi- gram, which expanded health coverage to achieve the result he had committed nance Committee, I noted, with admi- for children who otherwise would have to. ration, his concern for the health care At the end of the day, that is the ul- no insurance. And Senator DASCHLE needs for the elderly, especially the timate measure of Senator DASCHLE’s again and again took the lead on try- need to strengthen Medicare and pro- values—the values he and I learned ing to reform our health care system to vide a prescription drug benefit for the growing up in the Dakotas. He was make health care affordable and acces- elderly. Senator GRAHAM authored honest, fair and hard working. He gave sible. So average workers all across the Medicare reform legislation to provide credit to others. And he genuinely re- country who worry about losing their spected his colleagues and enjoyed a prescription drug benefit and other health coverage or skyrocketing health their company. South Dakota, the Sen- preventative health care benefits. His costs have lost a champion. ate, and the Nation are losing a true Medicare Prescription Drug, Improve- And Senator DASCHLE took a special champion, in every sense of the word. ment and Modernization Act of 2003 interest in working on behalf of Native As Senator DASCHLE goes on to other was cosponsored by one third of the Americans. He has fought to bring at- things, my wife Lucy and I wish all the Senate. tention to the terrible epidemic of When it came to Social Security and best to TOM and his wife, Linda. Fetal Alcohol Syndrome among Native Medicare, Senator GRAHAM took a long BOB GRAHAM Americans. And he has led the fight to Mr. President, as the 108th Congress view. He missed no opportunity to urge secure increased resources for the In- draws to a close, the Senate will lose all of us to make a priority of ensuring dian Health Service to help end the one of its most distinguished and ac- the long-term solvency of these two health care rationing that occurs on crucial programs. His concern was not complished members, Senator BOB too many reservations. He also has just the current needs of his Florida GRAHAM. Few Senators have had such been a strong proponent of the tribal an outstanding career in public service. constituents, but the importance of colleges. His efforts have helped put a BOB GRAHAM served as a Florida State these programs for the income and college education within reach of many legislator between 1967 and 1978; as health security of generations to come. Native Americans who might not oth- Governor between 1978 and 1982; and as Last, Senator GRAHAM assumed a erwise get the opportunity. Finally, U.S. Senator from 1987 to 2004. I am leadership role on behalf of our Na- tion’s veterans and active duty mili- Senator DASCHLE stood up and gave a honored that Senator GRAHAM and I voice to the thousands and thousands were in the same class following our tary personnel in his capacity as Rank- of individual Indians seeking a full ac- elections to the Senate in 1986. ing Member of the Senate Committee counting of their trust assets and Throughout his years in public serv- on Veterans’ Affairs. While he focused fought to make sure that the Federal ice, Senator GRAHAM has taken a lead- considerable attention to the needs of Government fulfilled its trust obliga- ership role in protecting our environ- our aging veterans population, working tion. So Native Americans all across ment, advocating on behalf of seniors tirelessly to increase funding for VA the country have lost a champion. and children for adequate health care, medical care, he has also been sensitive As Democratic leader, he continued working to make certain that our chil- to the needs of veterans living in rural to work on all these issues. And be- dren achieve their highest potential in America. Senator GRAHAM supported cause he was leader, he delivered real schools, and making certain that our my efforts to improve access to VA results for real people, time and again. country lives up to its obligations to medical care for rural veterans and to That was especially the case when it veterans and active duty military per- improve the quality of care for vet- came to causes important to South Da- sonnel. erans at the Fargo VA Medical Center kota. Senator DASCHLE tirelessly used Early in his career as Governor of and through the expansion of out- his clout to ensure that South Dako- Florida, Senator GRAHAM launched one patient clinics in rural communities. ta’s interests were protected. of our Nation’s most significant efforts For this understanding and support for But Senator DASCHLE’s role as a Sen- to protect the environment through rural veterans, North Dakotans will be ator and as a leader cannot be summed the Save Our Everglades Program. In forever grateful. up in a simple listing of the causes and 2000, Senator GRAHAM achieved his goal There are many achievements by issues he championed, often without of restoring the Florida Everglades Senator GRAHAM that I could cite fanfare or great recognition. The job of through an unprecedented partnership throughout his career in public service. leader has often been compared to among Federal, State, and local offi- The few accomplishments that I have herding cats. It is not easy, but Sen- cials along with private industries. noted demonstrate remarkable dedica- ator DASCHLE did an outstanding job. This initiative was a significant step to tion to our country—dedication to im- Senator DASCHLE was a strong leader— ensure protection of a critical wetland proving the lives of our children, the and a great Senator—because he didn’t environment, the Florida water supply elderly and our veterans. Senator just listen to people, he heard their and endangered species. Senator GRAHAM represents the finest example concerns. He didn’t just propose com- GRAHAM’s efforts were key to preserva- of a dedicated and compassionate pub- promises, he built consensus. It took tion of one of America’s most impor- lic servant. I hope that Senator enormous patience, great flexibility, tant and environmentally sensitive GRAHAM’s career will inspire young strong persuasive skills—and a liberal natural treasures. Floridians and other young people

VerDate Aug 04 2004 02:47 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.088 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11475 across our Nation to service for our He became a lawyer. And with ardent We all wish DON and his family the country. I have been privileged to serve trial advocacy, hard work, and genuine best in what will certainly be a bright with Senator GRAHAM and thank him concern for others, he scored astound- future. for his distinguished service to our ing success. FRITZ HOLLINGS country. A terrible tragedy—the death of a Mr. President, FRITZ HOLLINGS is a TOM DASCHLE child—marked a deciding point in his passionate advocate for the people of Mr. FRIST. Mr. President, I would life. He did not let it destroy him. South Carolina, a true statesman, and like to say a few words about the man Never forgetting the terrible pain, a fine gentleman. He is one of the most from which I have stood across this JOHN turned tragedy into triumph. senior members of our body and, to all aisle the past 2 years—TOM DASCHLE. He set out to change America for the of us, he is a friend, a mentor and a TOM, as we all know, is a good and better. A political unknown, he faced guide. He has devoted his life to public decent man. He has a big heart for the long odds, but he overcame them. service. people of South Dakota, for every In the halls of the Senate, JOHN has FRITZ HOLLINGS has always shown Member of this body, and for all of the won new laws to protect patients, in- courage, conviction, and an ability to American people. creased funding for public schools, and get things done. His work has touched He has devoted his life to public serv- improvements to our banking system. every corner of our country and every ice—from serving as an intelligence of- He and Elizabeth, Catherine, Emma American’s life. ficer in the Air Force to serving four Claire, and Jack have been delightful FRITZ helped our Nation confront its terms in the House to serving three additions to our Senate family. spiraling budget deficits, maintain a And our prayers are with them as terms in the United States Senate. strong posture against the Soviet they strive to overcome the difficulty That is seven times TOM DASCHLE has Union, integrate our schools, and cre- of Elizabeth’s recent diagnosis of been reelected statewide in South Da- ate the WIC program. His work has breast cancer. kota. helped protect our coastal ecology, pre- JOHN EDWARDS has already played a TOM has been such a successful lead- serve our oceans, and defend our trans- vital role in American public life. And er, because he has always put others portation networks from terrorists at- whatever he chooses to do next, we first. This selflessness, this sacrifice is tack. And, when a family eats dinner wish him and Elizabeth and their en- the quality that I admire most about without interruption, free from never- tire family all the best for a bright fu- TOM. ending telemarketing calls, well, we ture. Every year TOM returned to South can all thank FRITZ for that too. Dakota for an ‘‘unscheduled driving’’ DON NICKLES On trade, on spending, on taxes, on tour. He would travel without staff or a Mr. President, Senators follow many military issues, and on Senate pay, he schedule—going wherever the road and different paths on their way to this has never been afraid to speak his the people of South Dakota would take Chamber. Some come from the profes- mind, even when his own party, or him. sions, others from a life in public serv- sometimes even most of the Senate, This driving tour helped him travel ice. disagrees with him. In the end, he has Few have lived the American dream to each of South Dakota’s 66 counties— always been a winner thanks to his the way DON NICKLES has. which he did every year. grace and honor. A summary of FRITZ’ At age 20, DON NICKLES was paying But, most importantly, it was his legislative achievements reads an as- his way at Oklahoma State University, way of staying in touch with the people tounding eight single-spaced pages. living in a trailer home, working as a who sent him time and time again to He’s always campaigned on the creed janitor, and raising his growing family. Washington to represent them. A few years later, he returned to his that: ‘‘Performance is better than TOM has served as the Democratic hometown. There he pulled his family promise.’’ And he has lived up to it. Leader for 10 years now. And those We’ll all miss FRITZ: His friendship, business from the verge of bankruptcy. have been no easy 10 years for the Sen- his principles, and his willingness to Pretty soon his neighbors elected him ate or for America. tell it like it is. We wish FRITZ and to the Oklahoma Senate. The Senate itself has switched hands Then, in 1980, at the age of 31, when Peatsy all the best and want them to and back again. And we have helped few expected it, he became a U.S. Sen- know that they will always have a lead the Nation through wars and re- ator. home, a family and a place in the his- cession and the horrific September 11th DON did not let his early success go tory of the United States Senate. attacks. to his head. He worked hard to keep BEN NIGHTHORSE CAMPBELL But throughout this Congress and our country a place where men and Mr. President, BEN NIGHTHORSE throughout his career, TOM DASCHLE women can dream big and live those CAMPBELL is a man of many talents. He has handled his job with grace and dig- dreams. is an Indian chief, a Korean war vet- nity. And I have always seen in him a In the Senate, he has been a friend to eran, a champion quarter horse trainer, gentle, yet stirring passion. taxpayers, an opponent of overbearing an Olympic judo competitor, a rancher, I wish TOM and Linda and their fam- regulation, a voice for traditional val- and a jewelry designer. ily all the best in the many years to ues, and an ardent advocate for Okla- After his service in the military and come. homa. a series of athletic victories, BEN set- JOHN EDWARDS DON NICKLES has worked to keep tled down to run his ranch and design Mr. President, JOHN EDWARDS came America a land of opportunity—a place jewelry. But, by pure accident, politics to the Senate just 6 years ago. Yet he where everyone has a valued place and entered his life. Colorado, the Senate, has won us all over as friends for his nobody lacks the opportunities to suc- and America would never be the same. sunny disposition, his positive atti- ceed. In 1982, BEN attended a meeting to tude, his intelligence, and his hard Through all of his hard work, support a friend’s bid for Sheriff. He work. through all of his toil, he has always made a stunning impression and JOHN can make anyone smile. He put family first. He and Linda have walked away drafted as a candidate for forms a personal bond with nearly ev- been married for 36 years. And they the Colorado State legislature. BEN eryone he meets. No doubt this quality have raised four wonderful children. served the people of Colorado there and comes from the fact that he always re- In DON’s favorite Bible chapter, Gala- in the House of Representatives. And 12 members his roots. tians 5, the Apostle Paul lists a godly years ago, they elected him to the Sen- The first member of his family to go man’s attributes. A godly man, says ate. to college, JOHN grew up the son of two Paul, work hard and live a life of ‘‘love, More than 20 years after that fateful textile workers, moving from town to joy and peace . . . kindness, goodness, evening, BEN has left an indelible mark town. faithfulness.’’ on the Senate. He has taken the lead This upbringing shaped JOHN ED- I could not think of a better descrip- on critical agricultural issues, fought WARDS. It instilled in him a burning de- tion of DON NICKLES. He has had an excessive spending, argued for a bal- sire to improve the world and a strong amazing career—and I take comfort in anced budget, and sponsored Federal commitment to populist values. that he is just hitting his stride. drought relief for farmers. From drug

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.089 S18PT1 S11476 CONGRESSIONAL RECORD — SENATE November 18, 2004 policy to natural resources conserva- astating corporate fraud and account- than anyone in our own party. He said tion, he has advocated for Colorado in- ing scandals. And he helped us pass the President is: ‘‘a God-fearing man terests, and he has brought home what tough new regulations to prevent them with a good heart and a spine of tem- the people of his State elected him to from reoccurring. pered steel.’’ do. He has also sponsored or co-spon- He has been an ardent advocate for Those same words also describe Sen- sored 54 Indian-related bills that be- Illinois farmers and businesses, always ator MILLER. came law. And he is the first American working to make sure that markets are As a former Marine, ZELL has never Indian ever to chair the Senate Indian open and barriers are low. wavered in his support of the men and Affairs committee. Without him, the Whether working to appoint honest women in uniform who defend our lib- spectacular Museum of the American federal prosecutors or taking a hard erty—or the values he shares with Indian that graces our National Mall look at major federally-supported them. And he has worked hard and would not have become a reality. projects, he has always stood for doing steadfast to end the unprecedented fili- BEN is as leader who stands firm by the right thing. buster of judicial nominees. his beliefs and works hard for the peo- PETER has made sure that we have More than anything, ZELL loves his ple of Colorado and Americans every- tax relief that helps families and cre- wonderful wife, Shirley, and their fam- where. We wish him and his wife, ates new jobs. And he has helped pro- ily. Of course, by family, I also include Linda, all the best for the future. tect our children with tough new child Gus and Woodrow, his two Labrador JOHN BREAUX safety seat laws. Retrievers. Mr. President, the people of Lou- Our Senate family will miss PETER, ZELL will always be a touchstone of isiana first sent JOHN BREAUX to serve Nina, and Jake. They have each en- good ole’ common sense for this body. in this Capitol in 1972. He was only 28 riched our lives, their State, this Sen- He will forever remind us that all we years old. For the next 32 years, he ate, and our country. And we wish need to do is what is right—nothing would serve as one of the most re- them all the best in the future. more, nothing less. spected and admired public servants— BOB GRAHAM ZELL MILLER is one of the most from both sides of the aisle—anywhere Mr. President, during his first cam- colorful Senators ever to grace the in American government. paign for the United States Senate in halls of this Capitol. And he and Shir- JOHN BREAUX has been a superb 1986, People Magazine compared BOB ley have been two of the most valued United States Senator. He is not inex- GRAHAM’s mind to a Florida thunder- members of the Senate family. tricably wedded to one ideology or one storm; resolute and impossible to de- We will miss them both, sorely, as a party’s line. He is thoughtful. He is flect. special part of our daily lives. independent. He is deliberative. He is But as a member of this body for 18 I yield the floor. experienced. He always wants to do the years, BOB GRAHAM has shown that I suggest the absence of a quorum. right thing for Louisiana and for Amer- while he may have the energy of a Mr. FEINGOLD. Mr. President, I ask ica. lightning storm, his works are guided unanimous consent that the order for What I admire most about John is his with far greater purpose and direction. the quorum call be rescinded. consensus-building skills. He never In 40 years, BOB has never lost a The PRESIDING OFFICER. Without gives up on bringing people together. statewide election. He is one of Flor- objection, it is so ordered. In fact, he has helped bring this body ida’s most beloved politicians. And Mr. FEINGOLD. Mr. President, are together on landmark pieces of legisla- that is for good reason. we in morning business? The PRESIDING OFFICER. Yes, we tion over the past two decades—from Always looking for ways to connect are. welfare reform to health insurance re- with his constituents, Senator GRAHAM Mr. FEINGOLD. Mr. President, on form to balancing the budget. uses his ‘‘workdays’’ to toil alongside Tuesday the President announced the I have enjoyed working with JOHN to everyday Floridians to understand the reform Medicare. We proposed the first problems they face. nomination of National Security Ad- Breaux-Frist reforms in 1999. And we A true American patriot, he has con- viser Condoleezza Rice to be the next followed up with Breaux-Frist II in sistently put country before party. U.S. Secretary of State. I admire Dr. Rice’s obvious intellec- 2001. And we toiled together on the Bi- On the Senate Intelligence Com- tual gifts and her communication partisan Commission on the Future of mittee he has helped us tackle the skills. I also believe that the President Medicare, which JOHN so ably chaired. monumental task of overhauling Amer- has the right to appoint Cabinet offi- Breaux-Frist laid the foundation for bi- ica’s intelligence agencies. We will all cers who reflect his ideology and his partisan work to come and, ultimately, miss his knowledge, his expertise, and the most comprehensive and meaning- his ability to clarify difficult issues. perspective. Barring serious concerns ful improvements to Medicare since BOB and his wife, Adele, have been about a nominee’s qualifications or the program’s creation. treasured members of the Senate fam- ethical record, and in keeping with JOHN’s departure is bittersweet for ily—as much for who they are as for Senate practices and precedents, my me—as I am sure it is for every mem- what they have done. For a couple who inclination is to give the President ber of this body. We will miss him as a has accomplished so much in their substantial deference in his Cabinet leader we all love and all can work lives together, that’s saying some- choices. with. But he still has many of his best thing. But I am deeply troubled by the sig- years ahead—which he will no doubt I want to thank Senator GRAHAM for nal that this nomination appears to enjoy spending with Lois and their his valued contributions to our body send—a signal suggesting that the wonderful and growing family. and to our country. And we wish him modest moderating influence of the State Department over the last 4 years PETER FITZGERALD and Adele the best in all their future will disappear, and that the next 4 Mr. President, PETER FITZGERALD has endeavors. devoted his life to public service. ZELL MILLER years will be guided even more closely He first ran for office before the ink Mr. President, ZELL MILLER com- by the voices that shouted loudest in on his law degree had dried. And, in the mands a certain respect. He has guts. the first term, and that led our country last 6 years, we have come to know He has integrity. He speaks simple into seriously flawed foreign policies. Peter as a man of integrity, as a man truths. He is as good and honest a man Our country cannot afford to continue of honor, and as a friend. as I know. down the foreign policy path that was In the Illinois Senate, he was a ZELL is the type of leader that takes forged during the first term of the staunch opponent of corruption. He a stand and doesn’t yield an inch of Bush administration. often had to go it alone. But he still ground—no matter how hard the polit- Over the past 4 years, we have wit- got results. ical winds blow. nessed the greatest loss of a very valu- He continued his mission in the America saw this first-hand with his able type of American power in our his- United States Senate—where he ar- unwavering support of President Bush tory: our power to lead, to persuade rived in 1998 as our youngest member. in the most recent election. and to inspire. As Joseph Nye has In only 6 years, he has made his At the Republican Convention, ZELL pointed out, this power will not con- mark. He helped uncover the dev- described the President perhaps better vert the extremists who oppose us no

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.046 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11477 matter what. Those people must be states to develop nuclear weapons as tions or the painfully ineffective initia- eliminated, pure, and simple. But it quickly as possible. tives. can thwart their plans, by denying We have developed essentially no Congress cannot simply accept more them new recruits, undermining their measures of success or failure when it of the same, keep our heads down and appeal and their message, and unifying, comes to one of our most urgent prior- hope that somehow we will muddle rather than dividing, Americans and ities, as the 9/11 Commission under- through. The stakes are far too high. the rest of the international commu- scored—preventing the continued Our national security, the stability of nity. Rather than bolstering this asset, growth of Islamist terrorism. In fact, the world that our children will in- which has helped to make us the most we do not even know where we stand herit, our troops—even our country’s powerful country on earth, we have today in this vital struggle. honor—are on the line. Congress has an squandered it. We have not given any serious obligation, not to oppose every admin- In March, the Pew Research Center thought to how to avoid the mistakes istration effort, but to reassert our role found that one year after the start of of the cold war, when we gave a free in steering the ship of state wisely the war in Iraq, ‘‘discontent with pass to forces of repression and bru- rather than recklessly. I look at our America and its policies has intensified tality, as long as they did not come foreign policy over the past 4 years, rather than diminished’’ across the with a Communist bent. Those mis- and I know that America is so much world. Majorities in Pakistan, Jordan, takes, as we all know, helped to make better than this. Morocco and Turkey believe that the Afghanistan the brutally repressive I look forward to the opportunity to U.S. is exaggerating the terrorist terrorist haven that it was on 9/11. raise these concerns with Dr. Rice threat, doubt the sincerity of the U.S. We have not made an adequate in- when she testifies before the Foreign war on terrorism and say that it is an vestment in bolstering our diplomatic Relations Committee, and to receiving effort to control Mideast oil and domi- resources and engagement around the some assurance that she will work with nate the world. The Center found that: world. From Northern Nigeria to East- Congress to put our country’s foreign At least half the people in countries other ern Kenya, we have virtually no pres- policy on a better, more effective foot- than the U.S. say as a result of the war in ence. In Somalia, despite knowing that ing. Iraq they have less confidence that the al-Qaida-linked terrorists have oper- Mr. President, I yield the floor, and I United States is trustworthy. Similarly, ma- ated in the country, we simply failed to suggest the absence of a quorum. jorities in all of these countries say they develop any policy at all. The PRESIDING OFFICER. The have less confidence that the U.S. wants to While the administration’s policy clerk will call the roll. promote democracy globally. was failing on all of these fronts, the The legislative clerk proceeded to Our motives are questioned, our pub- President’s team was devoting its time call the roll. lic justifications and explanations and attention to selling the world and Mr. TALENT. Mr. President, I ask viewed with skepticism, and our post-9/ the American people a war in Iraq with unanimous consent that the order for 11 public diplomacy efforts have missed fundamentally flawed intelligence, ma- the quorum call be rescinded. the mark, substituting pop music nipulative and misleading character- The PRESIDING OFFICER. Without broadcasts, brochures and videos for izations, and rosy predictions that pro- objection, it is so ordered. the kind of respectful dialogue and en- vided horribly, dangerously off-the- f gagement that could convince genera- mark. The administration’s Iraq poli- tions of angry young people that their cies in the first term painted a picture IN MEMORY OF KOMNINOS ‘‘GUS’’ humiliation is not our goal. of an American government that isn’t KARELLAS We have had over 3 years since Sep- so sure it rejects torture; that isn’t Mr. TALENT. Mr. President, I rise tember 11, 2001, to think strategically competent and careful enough to prop- today with a heavy heart, to mourn the about how to win the fight against ter- erly vet intelligence presented in loss of Komninos ‘‘Gus’’ Karellas, who rorism. But we have little to show for major speeches and briefings; that will- was known and loved by so many in the this time. fully rejects the lessons of history and community of Mexico, MO. Though cut We have relied upon a doctrine that advice of its own experts; that is sur- tragically short, his was a life sur- fails to recognize that our enemies do prised when disorder results in massive rounded by a strong family and a not rely on explicit state sponsorship looting; that misleads taxpayers re- strong community, and he was a great of terrorism. By focusing almost en- garding the costs and commitments en- example of an immigrant who came to tirely on possible state sponsors of ter- tailed in its policies; that spends bil- America and took advantage of every ror, the administration failed to realize lions upon billions without any effort opportunity this country gave him. that our terrorist enemies operate ef- to budget for these predictable costs; Gus was a native of Greece, and he fectively in weak and failing states and and that is willing to politicize issues ran away from home as a teenager with without the backing of national gov- fundamental to our national security only a few cents to his name. He emi- ernments. This is a new enemy waging in the ugliest possible way. grated to American in 1965 via Oak- a new war against us, but the adminis- We deserve better. Certainly the land, CA, and even though he did not tration appears still to be stuck in an brave men and women of the U.S. mili- speak English very well then, he man- old cold war mindset. tary who are fighting every day to aged to succeed against all odds. He We have muddled our language and make this effort in Iraq work deserve ended up in Iowa working at a pizza our focus by conflating other priorities better. We do not honor them by ac- restaurant, where he met Jimmy and with the fight against terrorism, cost- cepting lousy, irresponsible policy in Angelo Aslanidis, who became his good ing us credibility around the world and the halls and hearing rooms of the Cap- friends. They ended up moving to- shattering the unified and resolved itol and then leaving them holding the gether to Columbia, MO, where Gus global coalition that emerged to sup- bag on the ground, when policy collides worked at the University of Missouri port us in the aftermath of 9/11. By with the hard truth. for a short time before the three of choosing to fight the war in Iraq in The administration’s record of the them helped start the G&D such a divisive and astronomically ex- past 4 years suggests a foreign policy Steakhouse. pensive fashion, we have diverted re- careening out of control, driven by In 1971, Gus Karellas and his wife sources away from the fight against ideologies who want to test their theo- Mary moved away to help manage a the terrorist networks that seek to de- ries in the laboratory of the Middle new G&D Steakhouse in Mexico, MO. stroy us and undermined our ability to East one minute, by domestic political Gus bought the restaurant one year win the hearts and minds of many considerations the next, and by spiteful later and spent nearly every single day whose support we will need to succeed attempts to punish those who disagree there, becoming a familiar fixture to in the long run. with their methods the next. Where is the residents of Mexico for the next We have recognized the dangers of this going? Who is in charge? No one three decades. His popularity with peo- nuclear proliferation in an age of ter- ever seems to be held accountable for ple led some of his family to give him rorism, but have then pursued policies the blunders, the failures, the wildly the affectionate nickname of ‘‘Gov- that may well create incentives for inaccurate presentations and projec- ernor Gus.’’

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.048 S18PT1 S11478 CONGRESSIONAL RECORD — SENATE November 18, 2004 Guy instilled his strong work ethic in it is on energy or social issues, DON To DON and to Linda, we say thanks his family, and friends say nothing NICKLES possesses all the assets that for the service to our country. My chil- made him prouder than his children America holds dear. dren and my grandchildren are going to Michael, Nick, Joanna, and Andy, who He is a strong family man. He is a benefit from the service of the Senate is an aide in my office. I have come to hard-working individual. He is a man of DON NICKLES. That is something for know Andy very well in the two years of faith. He is a man who when he which I will forever be grateful. he has worked for me, and he is an ac- looks you in the eye and tells you Just as importantly, I have been a complished young man with an im- something, you can go to the bank better Senator than I would have been mense sense of pride and gratitude for with it. otherwise because of DON NICKLES. In his family. I am going to miss DON NICKLES. I future years, because of what I have Gus was robbed and murdered as he will miss his quick wit. I am going to learned from DON NICKLES, I will be a was leaving his restaurant several days miss his being able to stand up in the much better Senator. ago. Since then, hundreds of people— Senate and quickly take on anybody on DON, we appreciate your service to friends and family, regulars of the res- either side of the aisle with respect to our country. Thank you. God bless you taurant, or even those who just cas- whatever the issue may be or whatever and Linda. ually knew Gus Karellas—have visited the rule may be that applies to the I suggest the absence of a quorum. the restaurant, creating a makeshift issue that comes up. The PRESIDING OFFICER. The memorial of flowers, candles, and cards I marveled at his ability to, off the clerk will call the roll. to the man they came to know and top of his head, take on folks on the The assistant legislative clerk pro- love. other side of the aisle relative to a par- ceeded to call the roll. Gus Karellas was a loving husband ticular issue and to point out issue by Mr. MCCONNELL. Mr. President, I and dedicated father, a good neighbor issue and point by point what must be ask unanimous consent that the order and good friend to many. He will be done. That is a unique capability and for the quorum call be rescinded. missed by all who loved him. May he something that must be studied and The PRESIDING OFFICER. Without rest in peace and may God comfort his learned. objection, it is so ordered. family and friends in their grief at his My predecessor, one of the folks who f loss. held my seat many years before I got I yield the floor and suggest the ab- here, was the master of that. That is MORNING BUSINESS sence of a quorum. Richard Russell. DON NICKLES knows The PRESIDING OFFICER (Mr. TAL- the rules just as well as Richard Rus- VICKI COX ENT). The clerk will call the roll. sell did. The assistant legislative clerk pro- I will miss DON in a number of re- Mr. SHELBY. Mr. President, I want ceeded to call the roll. spects off of this Senate floor. He is a to mention a staffer of mine. She is not Mr. CHAMBLISS. I ask unanimous close personal friend. He and his wife a Senator but she is very important in consent that the order for the quorum Linda are dear friends of Julianne and my office, Vicki Lee Cox; Vicki Lee, as call be rescinded. me. I will have to find somebody else to she was when she came to work with The PRESIDING OFFICER. Without get money off of on the golf course be- me in 1978 when I was elected to the objection, it is so ordered. cause I have known DON so long now House of Representatives. Her father f that I have come to spend the money was a naval officer in the Naval Acad- before I play golf. emy. She lived around the world. She TRIBUTES TO RETIRING He is a terrific guy both in the Sen- was born in Pensacola, FL, grew up SENATORS ate as well as outside the Senate. He is part of her life in the San Diego area, DON NICKLES a man of great integrity. He is the kind the San Francisco area, and in New- Mr. CHAMBLISS. Mr. President, I of Senator who every citizen of Okla- port, RI. I have worked with her for 26 rise tonight to make a quick comment homa should and has been proud of for years, day in and day out. I tried to get about a dear friend. The greatest thing his 24 years of service to the Senate. her not to retire because these are very about serving in the House of Rep- I went back to his hometown a cou- important employees. They make your resentatives and the Senate is meeting ple of months ago, his hometown of office go. They make us look better the colleagues we have the opportunity Ponca City, OK, a very small town in than we should, day to day. They make to serve with on both sides of the aisle. America. DON was a football hero. As things work in the office. As a Member of the House of Rep- in my home State of Georgia and my Vicki, we will miss you in the office. resentatives, I had the opportunity to hometown, football is huge in Ponca We hope you will not be far off because get to know a number of the Members City. They still remember DON as a we might need to bring you back to of the Senate, one of whom is retiring high school fullback and linebacker. help us out from time to time as we get at the end of this session. His old coach was there that night to in a bind. DON NICKLES was elected to the Sen- talk about DON and some of the things We wish you and your husband Dale ate when he was too young to serve in he did during his high school career. It the very best, but we have a job open- the Senate. He actually had a few is those foundations that people all ing for you if you want to change your months after his election before he was across America build upon to come to mind. God bless you, and we enjoyed old enough, but he was old enough be- the Senate. the 26 years. fore he was sworn in. That was back in The things that were said about DON f 1980. He has now served with great dis- back then could still be said about him tinction in this body for 24 years. He today; that is, what a dedicated person PROTOCOL AMENDING THE EXIST- leaves with a record that not many he was, what a hard-working person he ING TAX CONVENTION WITH THE Senators are able to claim after serv- was, and what a student of the game he NETHERLANDS ing in this Senate for whatever period was, just like he has been a student of Mr. LUGAR. Mr. President, I thank of time they may be here. the Senate. my Senate colleagues for passing the DON NICKLES has been a leader in the No one there was surprised at what a resolution providing advice and con- Republican Party, but most signifi- great job DON had done as a Member of sent to the Protocol amending the ex- cantly he has been a leader in the Sen- the Senate and what a success he was, isting U.S. Tax Treaty with the Neth- ate. He is a man who has provided what a success he will be once he erlands through the unanimous con- strong leadership on any number of leaves. DON had the right kind of foun- sent procedure. issues, whether they are fiscal issues as dation and the right kind of instincts In spite of legislative hurdles that chairman of the Budget Committee and and the right kind of family stability, arose during the process, this Protocol a longtime member of the Budget Com- support, and love to make sure he did will be enacted, and will bolster the mittee, which is where I first got to the right kind of job in the Senate, and economic relationship between the know him in our conferences between he will continue to be successful when United States and a country that is al- the House and the Senate, or whether he leaves here. ready both a good friend and a critical

VerDate Aug 04 2004 04:30 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.044 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11479 trade and investment partner. As the support of these agreements and of the Neth- makes significant changes to the existing in- United States considers how to create erlands Protocol. come tax treaty between the United States jobs and maintain economic growth, it Senator Richard Lugar, Chairman of the and the Netherlands. These changes include is important that we try to eliminate Committee on Foreign Relations, recently the elimination of source-country with- sent a Dear Colleague letter encouraging all holding on certain intercompany dividends, impediments that prevent our compa- Senators to support passage of the Dutch modernization of anti-treaty shopping provi- nies from fully accessing international Protocol in the post-election session. I hope sions, coordination of the countries’ pension markets. In the case of taxes, we that the full Senate can act favorably on rules and the provision of clear rules for in- should work to ensure that companies this agreement in the time that remains in vestments using partnerships. pay their fair share while not being un- this session and reaffirm the historic opposi- The changes negotiated in the protocol are fairly taxed twice on the same revenue. tion of the U.S. to double taxation. important to the successful business oper- Tax treaties are intended to prevent Sincerely, ations of many companies, including Sunoco, and a failure to promptly ratify the protocol this double taxation so that companies WILLIAM A. REINSCH, President. will have a detrimental impact on the con- are not inhibited from doing business duct of business by many multinational cor- overseas. AIR PRODUCTS AND CHEMICALS, INC., porations. Moreover, in a report dated Sep- As the United States moves to keep Allentown, PA, October 26, 2004. tember 30, 2004, the Joint Committee on Tax- the economy growing and to increase Re Ratification of the Protocol to the Income ation estimated that ratification of the pro- U.S. employment, international tax Tax Treaty with the Netherlands. tocol would cause a negligible change in Fed- eral budget receipts during the fiscal period policies that promote foreign direct in- Hon. RICHARD G. LUGAR, vestment in the United States such as Chairman, Committee on Foreign Relations, 2005–2014. Accordingly, for the reasons stated above, Washington, DC. this Protocol, are critically important. Sunoco believes that the protocol to the DEAR CHAIRMAN LUGAR: On behalf of Air I have received communications from Netherlands Income Tax Treaty should be Products and Chemicals, Inc., I would like to several corporate employers. The for- promptly ratified, and urges you to support thank you and the Committee for the its ratification. eign entities indicate that this Pro- prompt consideration and attention that you tocol will provide them with incentives If you or your staff would like to discuss have given to the proposed protocol to the this issue in more detail or if we can provide to ‘‘insource’’ to the United States. income tax treaty with the Kingdom of the The domestic companies indicate that additional information, please contact the Netherlands. This protocol is very important undersigned at (215) 977–6795. Thank you for this Protocol will provide overall ad- to Air Products and the United States econ- your attention to this critical issue. vantages and benefits. For the benefit omy. It is very important to us that the Sen- Sincerely, ate ratify the protocol as soon as possible. of my colleagues, I am attaching to my MICHAEL J. MCGOLDRICK, Air Products is a United States company statement several of these communica- Director, Tax Administration. with global headquarters in Allentown, tions. Pennsylvania. It serves customers in tech- MARY KAY, I thank my colleagues again for nology, energy, healthcare and industrial agreeing to pass this important meas- Dallas, TX, October 29, 2004. markets worldwide with a unique portfolio of Re Dutch tax treaty. ure. products, services and solutions, providing Mr. President, I ask unanimous con- atmospheric gases, process and specialty Hon. RICHARD LUGAR, sent the material I made reference to gases, performance materials and chemical U.S. Senate, Hart Senate Office Building, Washington, DC. be printed in the RECORD. intermediates. The company has annual rev- DEAR SENATOR LUGAR: With the year fast enues of $7 billion, operations in over 30 There being no objection, the mate- running out, Mary Kay Inc urges you to rat- rial was ordered to be printed in the countries, and over 18,000 employees. Air Products has operated in the Nether- ify the US-Netherlands Tax Treaty. The new RECORD, as follows: lands for over thirty years, and it has sub- protocol has a zero percent withholding rate NATIONAL FOREIGN TRADE stantial operations in the Netherlands. Air on dividends, which allows our company to COUNCIL, INC., Products also owns some of its other Euro- repatriate more money for domestic invest- Washington, DC, October 22, 2004. pean operations through the Netherlands. ment. This increase in funds provides Mary DEAR SENATOR: I am writing to express our Kay Inc with the funds to expand its US strong support for the passage of the Tax Air Products generates substantial cash flow from these operations. The current 5 percent plant, increase research and development, Protocol with the Netherlands and to urge which is accomplished in the United States you to enact the agreement this year. Fur- withholding tax rate discourages Air Prod- ucts from repatriating this cash back to the and hire more US based employees. ther delay in the passage of this agreement Please ask Senator Frist to schedule the U.S. This is especially true because Air Prod- will subject U.S. companies to double tax- treaty as soon as possible, before time runs ucts is currently in an excess foreign tax ation and adversely affect their global com- out. credit position. The proposed protocol would petitiveness. Foreign trade is fundamental to Sincerely, remove this barrier to repatriating cash. the economic growth of U.S. companies. Tax MICHAEL LUNCEFORD, This would benefit not only Air Products but treaties are a crucial component of the Senior Vice President. framework that is necessary to allow that the U.S. economy as a whole. The protocol would remove this repatriation barrier for growth. SUN MICROSYSTEMS, INC., all U.S. companies with Dutch holdings, and The National Foreign Trade Council, orga- Washington, DC, November 2, 2004. foreign companies would have a greater in- nized in 1914, is an association of some 300 Senator RICHARD LUGAR, centive to invest in the U.S. The sooner the U.S. business enterprises engaged in all as- Chairman, Senate Foreign Relations Committee, Senate ratifies the protocol, the sooner these pects of international trade and investment. Hart Senate Office Building, Washington, benefits will begin. Our membership covers the full spectrum of DC. Accordingly, we respectfully request that industrial, commercial, financial, and serv- DEAR CHAIRMAN LUGAR: On behalf of Sun ice activities, and the NFTC therefore seeks the Senate consider ratification of the pro- Microsystems, Inc., I am writing to express to foster an environment in which U.S. com- posed protocol as soon as possible. our appreciation of your efforts to seek panies can be dynamic and effective competi- If you have any questions regarding Air prompt ratification of the recent Protocol to tors in the international business arena. To Products’ views on the proposed protocol, the U.S.-Netherlands income tax treaty. We achieve this goal, American businesses must please contact me or Charles Stinner, our urge that these efforts continue so that this be able to participate fully in business ac- International Tax Director (610–481–2978). important new chapter in America’s rela- tivities throughout the world. As global Sincerely, tionship with the Netherlands can commence competition grows ever more intense, it is KENNETH R. PETRINI, before this year terminates. vital to the health of U.S. enterprises and to Vice President—Tax. As reflected in your Dear Colleague letter their continuing ability to contribute to the of October 20, 2004, your recognition of the U.S. economy that they are free from exces- SUNOCO, INC., importance of prompt ratification of the sive foreign taxes or double taxation and im- Philadelphia, PA, October 26, 2004. Protocol is most welcome. Compared to pediments to the flow of capital that can Re Ratification of Protocol to United States- other U.S. tax treaties with major trading serve as barriers to full participation in the Netherlands Income Tax Treaty. partners, the current treaty between the international marketplace. Hon. RICHARD G. LUGAR, United States and the Netherlands is anti- This is why the NFTC has long supported Chairman, Senate Foreign Relations Committee, quated and contains obstacles to the free the expansion and strengthening of the U.S. Washington, DC. flow of trade between the two countries that tax treaty network. The Senate has an excel- DEAR CHAIRMAN LUGAR: On behalf of Sun- will be eliminated by the new Protocol. lent record in this area; ratifying tax agree- oco, Inc., I am writing to urge the prompt There will be direct benefits to our company ments with Japan, Australia, the United ratification of the protocol to the Nether- and to our employees. Kingdom, Mexico, Sri Lanka, and Barbados lands Income Tax Treaty signed on March 8, Timely and quick action in bringing need- during this Congress. The NFTC testified in 2004. As you are aware, the proposed protocol ed reform this year to the U.S.-Netherlands

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treaty will help keep the American economy TIMEWARNER, history is a guide, the treaty would create growing. Washington, DC, November 1, 2004. U.S. jobs within the chemical industry and Sincerely, Hon. RICHARD LUGAR, among our suppliers and customers, and it CHRISTOPHER G. HANKIN, Chairman, Committee on Foreign Relations, would encourage foreign companies to estab- Senior Director of Federal Affairs. U.S. Senate, Dirksen Senate Office Build- lish or expand manufacturing facilities in ing, Washington, DC. the U.S. Moreover, the information-sharing ABN AMRO ASSET MANAGEMENT, DEAR MR. CHAIRMAN: Thank you for your provisions of the treaty would aid the IRS The Netherlands, October 29, 2004. continuing leadership in securing quick rati- and Treasury Department in identifying Chairman LUGAR, fication of several important bilateral tax international tax-avoidance schemes that re- U.S. Senate, treaties this year. Bilateral tax treaties are duce federal tax receipts and impugn the mo- Washington, DC. an important means for reducing double tax- tives of U.S. companies whose global oper- DEAR CHAIRMAN LUGAR: On behalf of ABN ation and eliminating foreign withholding ations represent a major element of an ex- AMRO Bank N.V., business unit Asset Man- taxes on our royalties, interest, and divi- panding U.S. economy. agement, I am writing to join the many dends. Accordingly, we urge ratification of the other members of the U.S. business commu- In this regard, I want to underscore the im- Dutch Treaty during the time remaining in nity that have expressed their appreciation portance of ratifying the U.S.-Netherlands the 108th Congress. Timely ratification of your efforts to seek prompt ratification of bilateral tax treaty before Congress adjourns would result in early realization of treaty the recent Protocol to the income tax treaty for the year. This treaty, like the previous benefits, and aid companies in capital plan- between the United States and the Nether- ones the Senate has ratified, provides impor- ning and business expansion. lands. tant tax savings to Time Warner that we will Please call if we can answer questions or We urge that these efforts continue so that be able to reinvest and use to expand our provide additional information. this important new chapter in America’s re- business in the United States. Sincerely, lationship with the Netherlands can com- The Netherlands has already ratified this CHARLES W. VAN VLACK, mence this year. agreement. I offer our company’s full sup- Executive Vice President. As reflected in your letter of October 20, port in helping to urge your Senate col- 2004, your recognition of the importance of leagues to agree to quick ratification of this DUPONT FINANCE, prompt ratification of the Protocol is most treaty this year. Wilmington, DE, October 29, 2004. welcome. Compared to other U.S. tax trea- Sincerely, Hon. RICHARD G. LUGAR, ties with major trading partners, the current ROBERT M. KIMMITT. Chairman, Committee on Foreign Relations, treaty between the United States and the U.S. Senate, Washington, DC. Netherlands is antiquated and contains ob- ALLIANT ENERGY CORPORATION, Hon. JOSEPH R. BIDEN, Jr., stacles to the free flow of trade between the Madison, WI, November 12, 2004. Ranking Member, Committee on Foreign Rela- two countries that will be eliminated by the Senator RICHARD LUGAR, tions, U.S. Senate, Washington, DC. new Protocol. Chairman, Senate Foreign Relations Committee, DEAR SENATORS: On March 8, 2004, the Treaty advancements reflected in the new Dirksen Senate Office Building, Wash- United States and the Netherlands signed Protocol not only eliminate barriers to trade ington, DC. the Protocol Amending the Convention Be- and investment between the two countries, DEAR CHAIRMAN LUGAR: Thank you for tween the United States of America and the but also resolve uncertainties that target your continuing leadership in securing quick Kingdom of the Netherlands for the Avoid- abusive use of the treaty, and promote im- ratification of several important bilateral ance of Double Taxation and the Prevention proved cooperation in international enforce- tax treaties this year, Bilateral tax treaties of Fiscal Evasion with Respect to Taxes on ment. Prompt ratification of the new Pro- are an important means for reducing double Income. We at DuPont would urge the Sen- tocol will promote closer ties with one of our taxation and eliminating foreign with- ate to ratify this Protocol before Congress longstanding major trading partners, encour- holding taxes on our royalties, interest, and adjourns. age growth of the US economy and jobs, and dividends. As you learned during testimony on Sep- support better international tax enforcement In this regard, I write to underscore the tember 24th, the Protocol brings the existing efforts. importance of ratifying the U.S.-Netherlands Convention, concluded in 1992, into closer Quick action in bringing this needed re- bilateral tax treaty before Congress adjourns conformity with current U.S. tax treaty pol- form to the U.S./Dutch trade relationship for the year. This treaty, like the previous icy. Of particular interest to DuPont, consid- will help keep the American economy grow- ones the Senate has ratified, provides impor- ering the Company’s manufacturing sites in ing. tant tax savings to Alliant Energy that we the Netherlands, is the elimination of with- Sincerely, will be able to reinvest and use to expand our holding taxes on certain types of cross-bor- MAURICE BUIJNSTERS, business in the United States. der direct dividends. This element of the VP Global Head of The Netherlands has already ratified this Protocol creates a powerful tool for repa- Tax. agreement. I offer Alliant Energy’s full sup- triating earnings the Company would then RICHARD DE HAAS, port in helping to urge your Senate col- be able to devote to our priorities in the Senior Tax Officer. leagues to agree to quick ratification of this United States. In addition, the Protocol’s re- treaty this year. ciprocal treatment of pension funds for CHEVRONTEXACO, Sincerely, international employment assignees allows Washington, DC, November 2, 2004. ERROLL B. DAVIS, Jr., DuPont employees to gain valuable experi- Re Netherlands Protocol. Chairman & CEO. ence through U.S.-Netherlands exchanges without jeopardizing the status of their re- Hon. RICHARD G. LUGAR, tirement benefits. Chairman, Committee on Foreign Relations, AMERICAN CHEMISTRY COUNCIL, DuPont also appreciates the benefits the Dirksen Senate Office Building, Wash- Arlington, VA, November 15, 2004. new Protocol would offer the U.S. govern- ington, DC. Re Ratification of Dutch Tax Treaty. ment. Among them, the improved commu- DEAR SENATOR LUGAR: I am writing to ex- Hon. RICHARD G. LUGAR, nications measures between U.S. and Dutch press ChevronTexaco Corporation’s strong Senate Office Building, tax authorities coupled with the assistance support for early ratification of the Protocol Washington, DC. in the collection of taxes; and the modern- amending the existing tax treaty with the DEAR SENATOR LUGAR: The American ized Limitation on Benefits article, designed Netherlands. A strong tax treaty network is Chemistry Council urges ratification of the to deny treaty-shoppers the benefits of the critical for U.S. businesses, such as bilateral tax protocol between the United Convention. ChevronTexaco, to compete in the global States and the Netherlands. The enhancement of economic ties between marketplace. We appreciate your efforts on The ACC represents the leading companies the United States and the Kingdom of the tax treaties generally, and on this Protocol engaged in the business of chemistry. Coun- Netherlands in the form of the pending Pro- in particular. cil members apply the science of chemistry tocol will promote the growth of trade and We urge the Senate to ratify the Protocol to make innovative products and services investment between the two countries to the before year end so that it may enter into that make people’s lives better, healthier benefit of both economies. As such, it is force on January 1, 2005. Delaying ratifica- and safer. The business of chemistry is a $460 DuPont’s hope that deliberations on the Pro- tion until 2005 would delay entry into force billion enterprise and a key element of the tocol will be completed this year. until January 1, 2006 and would delay the im- nation’s economy. It is the nation’s largest Sincerely, portant reductions to withholding tax rates. exporter, accounting for ten cents out of MARSHALL G. MCCLURE. I sincerely hope that the Senate will ratify every dollar in U.S. exports. the Protocol in 2005 and we appreciate your We commend your efforts as Chairman of f efforts to ensure this. the Foreign Relations Committee that re- DEBT LIMIT INCREASE Sincerely, sulted in negotiation of the tax protocol LISA B. BARRY, with the Netherlands. The treaty would en- Mr. DODD. Mr. President, I speak V.P. and General Manager, hance the ability of U.S. companies to com- about the vote that took place yester- Government Affairs. pete in the important Dutch market, and if day to raise the statutory limit of our

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.097 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11481 Nation’s indebtedness. It is terribly un- majority could at the minimum ensure Federal debt. This bill highlights the fortunate that for the third time in that we are adequately investing in our gross irresponsibility of our Nation’s three years this administration has run children’s education, the country’s in- current fiscal policies. And I hope that, up against the Federal debt limit, frastructure, health care, the solvency in casting a negative vote along with thereby forcing once again an increase of Social Security, and other vital na- many of my colleagues, we have helped in the National debt from $7.384 trillion tional priorities. But that does not ap- send a message to the White House to $8.184 trillion. pear to be the case considering that we that it is long past time to change I think it is a mistake for this body are seeing across the board cuts in the course. to give the administration what is es- upcoming omnibus bill, and this Ad- When President Bush came to office, sentially an $800 billion check to con- ministration continues to push for we were expecting to run a surplus over tinue its irresponsible fiscal policies. policies that push us further in the red the next ten years of $5.6 trillion. In- For quite some time now, the Treas- without any real results. stead, we now project a deficit of $3.5 ury Department has been forced to halt The administration’s reckless poli- trillion. That is a reversal of more than payments owed to federal retirement cies will pass the burden of paying for $9 trillion. accounts and take other extraordinary them onto future generations, and un- President Bush promised that he measures in order to keep the govern- fortunately, the administration has would not raid the Social Security ment from defaulting. And now we are shown absolutely no regard for the trust fund. But, instead, under the in a position where the Treasury De- hardship this will cause. We often dis- Bush budget, we will spend every last partment has said that Congress must cuss the so-called ‘‘death tax’’, this ad- penny of Social Security surpluses over increase the debt ceiling by the end of ministration’s reckless fiscal policies the next 10 years, all $2.4 trillion. this week or the government will de- are forcing a ‘‘birth tax’’ on every child These surpluses won’t be saved. They fault on its obligations. What this says born today. won’t be used to help us keep our is that the government is living far be- What do I mean by the term ‘‘birth promise to working Americans. They yond its means. tax’’? Simply this: a child born today is will be diverted for tax breaks and Just several years ago, when Presi- born owing his or her country $25,000. other spending programs. This is not dent Clinton was President, the Na- That is that child’s share of the na- what the President promised. It is the tional debt was shrinking, not growing. tional debt. This is unconscionable. We opposite. In 1997, the debt held by the public was have a responsibility as lawmakers to In effect, the administration’s poli- $3.745 trillion. By FY2001, it decreased leave our country better off tomorrow cies are using payroll taxes paid by by more than $400 billion to $3.296 tril- than it is today. With policies like this, working Americans, and using them to lion. Former President Clinton made it I am afraid that this administration finance tax breaks for the most fortu- a goal to pay off the debt by 2013, so and its supporters are failing to meet nate among us. I think that is wrong. that America would be debt free for the this fundamental moral responsibility The past few years have been marked first time since 1835. He recognized to our country and to future genera- by unprecedented fiscal recklessness. that eliminating the debt would tions. The 2004 deficit, even including the So- strengthen our economy, allow invest- Also deeply troubling is that in order cial Security surplus, is $413 billion. ments in education and other critical to cover increased borrowing, the U.S. That is a record. Last year, the deficit priorities, and ensure that Social Secu- is going deeper into debt to foreign was $377 billion. That was another rity could meet the challenges to come countries. Japan, China, the United record. The budget is spinning out of when the baby boomers retire. Kingdom, and Caribbean Banking Cen- control, and few in the administration By contrast, under the Bush adminis- ters are now the largest foreign holders seem to care. tration, the debt limit was raised by of U.S. Treasury Debt. Unfortunately, as bad as things have $450 billion in 2002 and $984 billion in We have borrowed over $720 billion been in recent years, the outlook for 2003. And now, this year, in 2004 it will from Japan, over $174 billion from the long term is even worse. The baby increase by $800 billion. I find it as- China, and even tens of billions of dol- boomers are about to retire. And by tounding that just four years ago we lars from South Korea. During the 2050, 81 million Americans will be on were having compelling conversations term of the President’s first four years, Social Security—about double the cur- in the Senate Banking Committee with we have seen our foreign debt holdings rent level. We need to prepare for that. Federal Reserve Chairman Alan Green- increase 83 percent from just over $1 We need to save for it. Instead, we are span about what would happen if we trillion to over $1.8 trillion. This is es- doing the reverse. We are putting our- paid off the debt too quickly. And now, pecially dangerous because these coun- selves deeper and deeper in debt. here we are about to pass another in- tries can collect their debt when it In 2001, gross Federal debt stood at crease of $800 billion to the National suits them, which could potentially $5.8 trillion. By 2014, that debt will debt. puts our nation in a very difficult eco- have skyrocketed to almost $15 tril- This new increase will bring the nomic situation. lion. grand total to more than $2 trillion I find it astounding that the adminis- With more debt, of course, comes under President Bush—the largest tration and the majority of this Con- higher interest costs. The 10-year cost total debt limit increase recorded gress have not put forward any plan to of Federal interest payments has gone under any President. Now instead of reduce the alarming increase in our na- up from $622 billion in 2001, to $2.4 tril- being eliminated, we are expecting the tion’s debt—an increase largely caused lion. debt held by the public to reach $6.5 by their reckless tax and budget poli- All this debt, and all these interest trillion by 2011. cies. Indeed, their only known plans to payments, have consequences. They re- When President Bush first came to permanently extend tax breaks for the duce the capital available for produc- office he assured the nation that if we affluent and drain at least $1 trillion tive investment. They increase interest adopted his tax cuts, we would not only from Social Security—would only rates. They slow economic growth. And see job growth, but we would still be make our current problems worse. they lower the standard of living for able to eliminate the publicly held debt I strongly believe that increasing the American families. by 2008. Instead, we have seen 1.5 mil- debt limit once again without a plan is Another consequence of all this debt lion private-sector jobs lost, making a big mistake. We owe it to future gen- is that our Nation is slowly losing its this the first Administration since Her- erations to do more to ensure that economic independence. Foreign hold- bert Hoover to actually lose jobs. In their future is economically sound. I ings of U.S. Treasury debt has in- just 4 years, we have gone from a pro- hope that this Administration, and the creased 83 percent under this adminis- jected 10-year surplus of $5.6 trillion to majority of the Congress begin to enact tration. Today, the U.S. owes China a 10-year deficit of over $3 trillion. And more responsible fiscal policies before more than $170 billion. We owe Japan now we are about to once again, for the it truly is too late. more than $700 billion. Increasingly, third year in a row, increase the debt. Mr. CORZINE. Mr. President, yester- our Nation is dependent on these coun- If additional debt is going to be accu- day I voted against legislation that tries to bolster our economy and to mulated, the administration and the will authorize a massive increase in the maintain the value of the dollar. But if

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.085 S18PT1 S11482 CONGRESSIONAL RECORD — SENATE November 18, 2004 those countries and other foreign in- tion have been drafted to harmonize REMARKS OF LYNN SMITH DERBYSHIRE, vestors pull out in the face of rising fis- existing statutory law with the recent BEIRUT MEMORIAL SERVICES, OCT. 23, 2004 cal imbalances, as has happened else- direction of the District of Columbia We are here today to honor the men who where, the consequences for our econ- circuit in Cicippio-Puleo v. Islamic Re- died in Beirut, Lebanon on this day 21 years omy could be very serious. public of Iran, 353 F.3d 1024 (D.C. Cir. ago. As families, we believe that our first In my view, the current course of fis- 2004), which held that ‘‘neither 28 duty is to remember. Thank you for coming to help us commemorate the lost. cal policy is not only unwise and dan- U.S.C. § 1605(a)(7) nor the Flatow As you know, in 1996 Congress passed legis- gerous, it is ultimately unsustainable. Amendment to the Foreign Sovereign lation that gave victims of state sponsored We can’t go on like this. Either our Immunities Act . . ., nor the two con- terrorism, and their families, the right to leaders here in Washington will face re- sidered in tandem, creates a private sue those nations in a United States Court. ality and reverse course, or the mar- right of action against a foreign gov- This legislation did two things: It gave us a kets will punish us until we do. Either ernment.’’ 353 F.3d 1024, 1032–33 (D.C. path to pursue justice and compensation, the dollar will collapse, or interest Cir. 2004). and it provided a way to hold rogue nations rates will rise substantially, or infla- accountable for their crimes, and thereby In 1996, I supported the legislation deter more terrorism. The problem with the tion will rise, or all these problems will that ultimately was enacted into the existing legislation, however, is that it has hit at once. statutes that I have just cited. These loopholes. And the U.S. Government is using When that might happen is anybody’s statutes have been interpreted by the these loopholes to continually torpedo the guess. But you can’t reverse the basic D.C. Circuit in Cicippio-Puleo to provide efforts of the families to collect damages, laws of economics. Sooner or later, the the following: and penalize terrorist states. piper gets paid. No. 1, 28 U.S.C. § 1605(a)(7) provides an On October 23, 1983—21 years ago today— So, I think we have made a mistake Hezbollah, at the behest of the government exception to sovereign immunity for of Iran, sent a suicide bomber into the Ma- by increasing the debt limit so sub- state sponsors of terrorism and permits stantially. Needless to say, we must rine Corps Barracks in Beirut Lebanon, kill- Federal courts to hear claims seeking ing 241 U.S. servicemen. protect the full faith and credit of the money damages for personal injury or One of the young Marines who was killed United States. But we do not need a death against such nations and arising that day was a blond, blue-eyed, bowlegged debt limit extension of this magnitude. from terrorist acts they commit, or di- helicopter pilot, named Captain Vincent And we should not have approved it rect to be committed, against Amer- Smith. He had just turned 30. He had a wife yesterday. Instead, we should have ican citizens or nationals outside of the named Ana, a 3-year-old son named Ian, and passed a much smaller increase, in dog named Whiskey. Vince had a penchant foreign state’s territory; and No. 2, 28 for practical jokes, an infectious laugh and a order to put real pressure on the Con- U.S.C. § 1605(a)(7)(note), also known as gress next year to finally get serious contagious grin. He sang in the church choir the ‘‘Flatow Amendment,’’ named for with his velvety tenor voice, he loved to about the need for fiscal discipline. New Jersey student Alisa Flatow, who water-ski, and throw the football with his Next year we will begin perhaps the was killed when Palestinian Islamic brothers on crisp fall afternoons—like this most important domestic policy debate Jihad bombed a Gaza bus on which she one, and have cookouts on the deck with his in a generation when we take up Presi- was riding, imposes liability upon an friends. dent Bush’s call to privatize Social Se- official, employee, or agent of a foreign Vince was my brother. He was my pro- curity. At that point, Congress will tector, my confidant, and my friend. And I state that is designated as a state loved him deeply. Twenty-one years after his have to make a decision. Either we will sponsor of terrorism, only if that offi- keep our promise to American workers, death there is still a hole in my heart and in cial, employee or agent is acting in my life, and in my family. I miss him more or we will break that promise and cut their ‘‘official capacity.’’ every day. earned benefits. I think we should keep On October 23, 2004, in Philadelphia, I I have learned over the past 21 years that our promise and protect benefits. But was privileged to take part in a memo- one does not ‘‘get over’’ the murder of a we can only afford to do that if we rial service held in honor of the serv- brother. Whoever said that time heals quickly reestablish some measure of wounds was an idiot—and whoever said that icemen killed in the 1983 Beirut attack. fiscal discipline. Increasing our debt by never had a wound like this. My wound can- Some of the family members of those $800 billion is not the way to do that not completely heal, because every time killed attended the event. Their mov- and, in my view, is a serious mistake. there is another terrorist attack, the hole in ing comments about how they have my heart is ripped open again: So for all these reasons, I cast my been denied the ability to seek legal re- The U.S. Embassy in Beirut, the Achille vote no yesterday. For the sake of our dress, despite clear findings impli- Lauro, the murder of Robert Stetham of economy, for the sake of our future, cating Hezbollah and Iran in the at- TWA flight 847, Khobar Towers in Saudi Ara- and for the sake of our values as a Na- tacks, were both poignant and persua- bia, the U.S.S. Cole, Madrid, and even this tion, we must restore fiscal discipline. morning, a car bomb outside of Baghdad sive. It is vitally important to victims’ And we must do it soon. killed 10 and wounded 42. families that they have a private right And who here can ever forget that fateful f of action against the state sponsor day: September 11, 2001. JUSTICE FOR MARINE CORPS itself, not just its officials, employees One after the next, after the next, these FAMILIES VICTIMS OF TERRORISM or agents acting in their official capac- events have sliced open my scar-tissued ity. These victims and their families heart, and I must grieve the brother I loved Mr. SPECTER. Mr. President, I seek so dearly over and over again. All of these recognition to describe legislation that deserve not simply a day in court, but also the ability to recover damages events bring me to my knees. And when I am I plan to introduce in the 109th Con- on my knees I pray for justice—not re- gress. I have been asked to pursue this against terrorist states that commit, venge—justice. legislation on behalf of the 158 families direct, or materially support terrorist I do not want vengeance. I do not want the of the brave servicemen who died when acts against American citizens or na- sisters and mothers of young vibrant Iranian the terrorist faction Hezbollah—with tionals. The former, in isolation, is a soldiers to have to weep at the closed casket the support of the Government of hollow right—in legal terms, a right of their brothers and sons as I did, knowing without a remedy. The D.C. Circuit in that his body is not even whole inside the Iran—sent a suicide bomber into the box. I do not want anyone to discover as I Marine Corps Barracks in Beirut, Leb- Cicippio-Puleo tells us that only Con- gress can provide such a remedy. That have that this kind of grief is an incessant anon, on October 23, 1983, killing 241 pain-and it hurts all over. I would not wish U.S. servicemen—18 sailors, 3 soldiers, is my intent. the last 21 years of agonizing sorrow on a and 220 Marines. I ask unanimous consent that the Oc- rabid dog. No. I do not want vengeance. This legislation will provide an ex- tober 23, 2004, remarks by Lynn Smith But I do want justice. And I do want the plicit private right of action for United Derbyshire, the sister of deceased Ma- terrorism to stop. States citizens against state sponsors rine CPT Vincent Smith and a leader of In March 2003, the Beirut families brought of terrorism in our Federal courts, and the families advocating for this legisla- suit against the country of Iran for the mur- der of our beloved brothers and sons and fa- tion, be printed in the RECORD. will ultimately allow victims of such thers and husbands. We proved in a court of acts to collect court-ordered damages There being no objection, the mate- law, that Hezbollah was carrying out the di- against state-sponsors of terrorism. rial was ordered to be printed in the rect will of the Iranian government. Iran is The specific provisions of the legisla- RECORD, as follows: guilty of the murder of my brother, and of

VerDate Aug 04 2004 04:34 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.054 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11483 Freas Kreischer’s son, and Shirla Maitland’s Hill, SEACOOS aggregates ocean infor- Act, a bill that would add new cat- brother. mation from federal and non-Federal egories to current hate crimes law, That day in court was a moral victory for sources for display and redistribution. sending a signal that violence of any us. There was a tremendous sense of relief to This information system supports kind is unacceptable in our society. finally be able to name the guilty party. But it’s a hollow victory if Iran is not somehow many uses, from search and rescue and On September 19, 1998, in Chicago, IL, held accountable. Terrorists continue to ter- hazardous spill response to providing three men were allegedly attacked by rorize because they can. We have not held information for recreational boaters two men who made anti-gay remarks. them accountable for their crimes, and so and fishermen. This collaborative ef- I believe that the Government’s first they laugh and build more bombs. There has fort among dozens of institutions is a duty is to defend its citizens, to defend been no justice, so there can be no healing. model of teamwork that will enable them against the harms that come out And it is galling that my own government rapid development of a relevant, user- of hate. The Local Law Enforcement continues to allow Iran to get away with driven multi-purpose system. Enhancement Act is a symbol that can murder—literally. As part of the larger IOOS system, become substance. I believe that by It’s a simple rule: one that the parent of any small child can grasp. If your child hits SEACOOS will improve the decision- passing this legislation and changing another child with a stick, you have to take making process for coastal managers, current law, we can change hearts and the stick away, and give your child con- severe weather response teams, and so minds as well. sequences. If there are no consequences, the many others in whose decisions coastal f child will keep hitting kids with sticks, be- conditions are a factor. Through its HAYWOOD COUNTY EMERGENCY cause he has figured out that it gives him scientific contributions to data collec- OPERATIONS DAY power. tion and analysis, SEACOOS will ad- I want the cruelty and senselessness of ter- vance the Nation’s needs in such broad Mrs. DOLE. Mr. President, this past rorism to stop. And there is only one way to areas as: marine operations, e.g. ship- September marked a devastating hurri- do that. We have to take away the stick. cane season for many States. My home There must be consequences. ping and offshore operations like drill- Senator Specter, thank you for intro- ing and mining; natural hazard mitiga- State of North Carolina was ravaged by ducing a bill that will finally allow families tion, e.g. storm forecasting, surge pre- not one, but four hurricanes this fall. like mine and Freas Kreishcher’s and Shirla diction, tsunami warning; climate Western North Carolina was particu- Maitland’s, to pursue rogue nations in the change and its effects, e.g. interannual larly hit hard by Hurricanes Frances courts and to threaten them by threatening variability in water temperature, salin- and Ivan, which destroyed homes, their assets. Their Achilles heel is financial. ity, nutrients, storminess, plankton washed away roadways, and even took If we take away enough of their money, they species and abundance, fish species and lives. Out of this ruin came the chal- will not be able to afford to build more lenge of rebuilding and piecing to- bombs. And then perhaps you will be spared abundance; national security, e.g. the agony of losing your brother or your son. toxin trajectories, detection of covert gether homes, lives, and communities. If that happens, perhaps this gaping, bleed- operations; public health, e.g. unsafe As I visited the devastation in Western ing wound in my heart will finally be able to biological activity, rip currents, harm- North Carolina, I found encouragement heal. ful algal blooms; ecosystem health, e.g. in the selfless hearts of North Caro- Senator Specter, I want to thank you, on changes in food web structure; and sus- linians who went to great lengths to behalf of the families of the Marine Corps tainable use of marine resources, e.g. help those struggling through the Barracks, Beirut bombing victims, for com- fish stock assessments. wreckage left behind. There are many ing to our aid. Thank you for being willing who came together during this crisis. I to champion our cause in the Congress by Among so many throughout the sponsoring this bill. And Senator, I urge you southeast who have made SEACOOS would especially like to thank the first to do everything in your power to enact this possible, I especially want to note and responders who answered the call of bill into law with the utmost haste. thank Harvey Seim, Associate Pro- duty. Our first responders are there for Thank you very much, sir. fessor of Marine Science at UNC Chapel us in times of need, and they literally f Hill. Professor Seim has been the vi- are on the front lines defending our sionary and leader in building this col- homeland. COUNCIL ON OCEANS POLICY On November 21, 2004, the Town of AWARENESS laborative initiative. His dedication to advancing scientific knowledge that Clyde and the Town of Canton are hon- Mrs. DOLE. Mr. President, recently, serves the public interest embodies the oring all those who were involved in the U.S. Commission on Ocean Policy best spirit of higher education and the the rescue and emergency operations made a series of far-reaching rec- academic research enterprise that following the devastation which oc- ommendations to help keep our oceans makes our nation great. curred as a result of the hurricane sea- viable for future generations. While the In keeping with the recommenda- son. November 21, 2004, has officially Senate as a whole will not address tions of the commission, SEACOOS is a been declared by those towns as ‘‘Hay- these recommendations this Congress, model worthy of replicating around the wood County Emergency Operations I hope we may be able to work on these country. It is consistent with the Inte- Appreciation Day.’’ critical issues next year. grated Ocean Observing System that is I would like to commend the efforts In the meanwhile, my home State of called for in the commission report. of these men and women who are mem- North Carolina has already begun to IOOS is a national, interagency pro- bers of the following departments who make real the recommendations of the gram that the commission recommends brought the community together after Commission. For instance, North Caro- be fully funded and implemented to such devastation: Haywood County lina public schools have begun fos- provide a multipurpose ocean informa- Sheriffs Department, North Carolina tering formal ocean education in K–12 tion system for the Nation. Legislation Highway Patrol, North Carolina Proba- schools, after the State mandated in- to authorize IOOS has already been tion and Parole, North Carolina Alco- clusion of ocean curricula in middle unanimously passed by the Senate, S. hol Law Enforcement, North Carolina school. 1400 and companion bills are pending in Division of Motor Vehicles, North Carolina is also leading the the House. I look forward to continued Waynesville Police Department, Can- Nation in heeding the call for improved congressional support and continued ton Police Department, Maggie Valley scientific understanding of the oceans. success as we increase our knowledge Police Department, Haywood County Of particular pride is the success of the and understanding of our oceans. Emergency Management, Waynesville Southeast Coastal Ocean Observing f Fire Department, Cruso Volunteer De- System, or SEACOOS, an umbrella or- partment, Clyde Fire Department, ganizations of institutions that is LOCAL LAW ENFORCEMENT ACT North Carolina National Guard, Canton building a regional ocean monitoring OF 2003 Fire Department, North Canton Fire and prediction system for the south- Mr. SMITH. Mr. President, I rise Department, Maggie Valley Fire De- east States of North Carolina, South today to speak about the need for hate partment, Lake Junaluska Fire De- Carolina, Georgia and Florida. crimes legislation. On May 1, 2003, Sen- partment, Crabtree Fire Department, Through the leadership of the Uni- ator KENNEDY and I introduced the Fines Creek Fire Department, Jona- versity of North Carolina at Chapel Local Law Enforcement Enhancement than Creek Fire Department, Saunooke

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.096 S18PT1 S11484 CONGRESSIONAL RECORD — SENATE November 18, 2004 Fire Department, Center Pigeon Volun- The work of Senator DASCHLE and his Danter, Bart Chilton, Brad Wolters, teer Fire Department, Lake Logan Fire staff will be remembered by South Da- Brendan Hilley, Brian Hanafin, Chris Department, Enka/Candler Fire De- kotans for many years to come. I want Bois, Chris VandeVenter, Chris Wag- partment, Haywood County Rescue to thank them for their work and serv- ner, Christiana Gallagher, Chuck Marr, Squad, Haywod County EMS, Blue ice and wish them all the very best. Cindy Harris, Clint Highfill, Danny Ridge Paper Emergency Response f Franklin, Darcell Savage, Denis Team and Clyde Police Department. McDonough, Grant Leslie, Jane HONORING THE WASHINGTON Loewenson, Jeff Nussbaum, Jennifer f STAFF OF SENATOR TOM Duck, Jeri Thomson, Jessica Leonard, TRIBUTE TO THE SOUTH DAKOTA DASCHLE Jessica Scheufele, Jim Oleske, Joan STAFF OF SENATOR TOM Mr. JOHNSON. Mr. President, I rise Huffer, Jody Bennett, Jonathon Leh- DASCHLE today to pay special tribute to a group man, Kate Knudson, Kate Leone, Kelly Mr. JOHNSON. Mr. President, I rise of men and women who have served Fado, Lara Birkes, Larkin Barker, today to pay special tribute to a group over the past 26 years as staff for Sen- Laura Petrou, Lisa Thimjon, Liz of men and women who have served ator TOM DASCHLE here in Washington, Dahan, Mark Childress, Matthew over the past 26 years as staff for Sen- both in his personal office and those Varilek, Michelle Singer, Molly ator TOM DASCHLE in the State of who served him as Democratic leader Rowley, Nancy Erickson, Nancy South Dakota. I join my colleagues in in the Senate for the past 10 years. Hogan, Nick Bauer, Nick Papas, Pat providing the most heartfelt apprecia- Every member of the Senate under- Griffin, Pat Sarcone, Pete Rouse, Phil tion for the public service career of stands that our success rests, in part, Schiliro, Phillip Assmus, Randy Senator DASCHLE and that appreciation with the men and women we choose to DeValk, Reid Cherlin, Sam Mitchell, extends to the work of his South Da- work with us on a daily basis in our of- Sarah Feinberg, Ted Miller, Tim kota staff. fices. I join my colleagues in providing Mitrovich, Todd Webster, Tom McIn- The people of South Dakota have the most heartfelt appreciation for the tyre, and Wizipan Garriott. benefitted greatly over the years from public service career of Senator The work of Senator DASCHLE and his the work of Senator DASCHLE’s staff. DASCHLE and that appreciation extends staff will be remembered by South Da- These men and women worked tire- to the extraordinary work of his staff kotans, and all the Senators and staff lessly behind the scenes on behalf of here in Washington. who have served with them, for many South Dakota constituents. They The people of South Dakota, mem- years to come. I want to thank them served as the eyes and ears for Senator bers of the Senate Democratic Caucus, for their work and service and wish DASCHLE, maintaining contacts in and the institution of the Senate have them all the very best. South Dakota communities, attending benefitted greatly over the years from f meetings on projects and sitting down the hard work and dedication of Sen- with individual constituents to discuss ator DASCHLE’s staff. These men and SOUTH DAKOTA FARMERS UNION matters of importance. women worked tirelessly behind the RESOLUTION COMMEMORATING Some of Senator DASCHLE’s staff pro- scenes. Whether it be his personal staff SENATOR TOM DASCHLE vided over two decades of dedicated or his leadership staff, every single per- Mr. JOHNSON. Mr. President, I ask service to the people of South Dakota. son has been dedicated to making our unanimous consent to submit the text Their long hours of service, many of State a better place to live, and to of the attached resolution by the South them spent driving on country roads, making our Nation safe and secure. Dakota Farmers Union commemo- sitting in coffee shops or walking Some of Senator DASCHLE’s staff pro- rating 26 years of service by United through drought-stricken corn and vided over two decades of dedicated States Senator THOMAS A. DASCHLE. wheat fields, underscored Senator service to the people of South Dakota There being no objection, the mate- DASCHLE’s commitment to serve the and came with him to join his leader- rial was ordered to be printed in the people of South Dakota. ship staff. Their long hours of service RECORD, as follows: Senator DASCHLE’s South Dakota staff truly reflect the tireless work underscored Senator DASCHLE’s com- A RESOLUTION COMMEMORATING 26 YEARS OF SERVICE BY UNITED STATES SENATOR THOM- ethic, dedication, and professionalism mitment to lead our caucus and to AS A. DASCHLE that he has exemplified to all the citi- serve the people of South Dakota and this Nation unselfishly. Senator Whereas, Senator TOM DASCHLE has distin- zens of our state. Whether attending guished himself as more than a reliable economic development outreach meet- DASCHLE’s staff truly reflect the tire- less work ethic, dedication, and profes- friend to South Dakota Farmers Union and ings, sacrificing holidays and weekends the cause of family-based agriculture, but to travel with Senator DASCHLE across sionalism that he has exemplified to more so as a true hero to our cause; and, South Dakota, or tending to the many all the citizens of our State. Whereas, Senator DASCHLE performed his casework issues facing our constitu- While each and every member of Sen- duties faithfully to better the lives and op- ents, Senator DASCHLE’s South Dakota ator DASCHLE’s staff is dedicated, com- portunities of all South Dakotans, and con- staff has done a superb job. mitted, and hard working, I think ducted exemplary public service to South It is my hope that these valued mem- three long-serving members of his Dakotans with the assistance of his highly resourceful, talented and dedicated staff in bers of Senator DASCHLE’s South Da- Washington staff should be recognized separately. Those senior staff members his offices in Washington, D.C., Sioux Falls, kota staff recognize the importance of Rapid City and Aberdeen; and, their work and the great appreciation are Pete Rouse, who served in Senator Whereas, Senator DASCHLE championed the that many in South Dakota hold for DASCHLE’s leadership office as chief of cause of ethanol since his first campaign for them for their great service. staff, Nancy Erickson, his deputy chief the U.S. Congress, and is chiefly responsible Senator DASCHLE’s current South Da- of staff in the Capitol, and Laura for its emergence as America’s answer to en- kota staff includes: Petrou, the chief of staff in his per- ergy independence because of his relentless Beth Smith, Betty Daschle, Jody sonal office. All three of these dedi- pursuit of government support for its pro- Jordan, Maeve King, and Virginia cated individuals served the State of duction and marketing; and Whereas, Senator DASCHLE earned his rep- Newquist in the Aberdeen office; Ace South Dakota and the Senate Demo- utation as America’s most important Mem- Crawford, Armon Gaddy, Dorothy cratic Caucus unselfishly and with dis- ber of Congress for the advancement of legis- Christensen, Jackie Heier, Georgeann tinction. lation important to South Dakota Farmers Johnson, Rose Larson, and Sheila Lane It is my hope that all of these valued Union, the National Farmers Union and fam- in the Rapid City office; Bill Idema, members of Senator DASCHLE’s staff ily-based agriculture because of his sincere Gene Dwyer, Jeff Wilka, Jenn Dolan, recognize the importance of their work interest in promoting America’s rural econ- Mark Gerhardt, Mary Peters, Michele and the great appreciation that many omy and because of his generous nature and Seaton, Nicole Deak, Stephanie Devitt, in South Dakota hold for them for approachability to all citizens seeking his assistance in Washington, D.C.; and Stephanie Koster Hoyme, Steve Dick, their great service. Whereas, Senator DASCHLE wisely used his and Steve Erpenbach, Senator Senator DASCHLE’s current personal influence and leadership powers to the ben- DASCHLE’s State director, in the Sioux and leadership staff in Washington in- efit of South Dakota, resulting in unprece- Falls office. cludes: Aaron Fischbach, Amber dented cooperation from urban states to help

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.053 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11485 advance the causes and unique, critical needs that has worked to guarantee the bating ethnic and regional divisions a of rural states and agriculture in the form of peace. Much as the United Kingdom major focus of U.S. efforts in Coˆ te federal funds and programs for agriculture, played a pivotal role in stabilizing Si- d’Ivoire. Even as we work with the disaster aid, health care, education, energy erra Leone, France made an admirable international community to hold lead- needs, air transportation, highway mainte- ˆ nance, railways and water development; and commitment to the people of Cote ers accountable for their actions, we Whereas, Senator DASCHLE’s powerful re- d’Ivoire. And despite the friction be- must also assist in laying the ground- sources and status as Senate Majority Lead- tween France and the U.S. on other im- work for peace among the people them- er and Senate Minority Leader gave South portant global issues, we have contin- selves. Dakota unprecedented influence to pass leg- ued to work closely and cooperatively The downward spiral in Coˆ te d’Ivoire islation which was of the greatest benefit to to resolve this crisis. is especially troubling because the all South Dakotans, especially to rural com- But over the many months that have country had, not long ago, been a bea- munities, farms and ranches; and, passed since the Linas-Marcoussis con of stability and important eco- Whereas, Senator DASCHLE was responsible Agreement was signed, progress toward for the allocation of unprecedented federal nomic engine in a deeply troubled re- funds to South Dakota throughout his ten- implementing the accords has stalled, gion. After all of the suffering in Sierra ure in the United States Congress, and that as both parties failed to take construc- Leone and Liberia, and all of the costly Senator DASCHLE’s last term ended with vic- tive steps to move the country toward efforts launched to bring stability back tories for South Dakota, including his quest lasting stability. Then, on November 4, to West Africa, the international com- to produce $2.9 billion in disaster assistance President Gbagbo broke the ceasefire munity cannot afford to lose Coˆ te for farmers and ranchers, against the long- agreement, and in an apparent bid to d’Ivoire to perpetual crisis. standing resistance and indifference of the find a military solution, launched air f majority party in Congress and the White raids on rebel positions in the north. House; and, On November 6, the Ivorian forces PROBLEMS IN THE CENTRAL Whereas, Senator DASCHLE’s great influ- INTELLIGENCE AGENCY ence and power on behalf of South Dakota bombed a French position, killing nine and rural America will be missed in the un- French soldiers and an American aid Mr. AKAKA. Mr. President, I rise finished battles for a Renewable Fuels worker, and wounding dozens more. today to express my concern over re- Standard, a mandatory Country of Origin France retaliated by destroying the cent news reports detailing turmoil in- Labeling law, fair trade policies which are Ivorian air force. What followed was an side the Central Intelligence Agency not predatory to South Dakota agriculture, orchestrated campaign, conducted since the arrival of the new Director, sufficient drought relief, rural water devel- largely via broadcasts on state-con- Porter Goss, and former members of opment and a progressive agricultural agen- da which supports a strong rural economy, as trolled media outlets, to encourage his staff in the House of Representa- well as the fights to preserve social security citizens to participate in a rampage of tives. and Medicare, lower prescription drug costs, anti-French violence and looting. As a senior member of the Senate and make health care coverage affordable I am heartened by the unity and re- Committee on Governmental Affairs and available to all Americans; solve of the international community with oversight responsibility for home- Now, therefore, we resolve that the Dele- in confronting this crisis, and by the land security and the committee re- gates of the 89th Convention of South Da- rejection of Ivorian efforts to justify sponsible for drafting the legislative kota Farmers Union commends and highly the bombings and to vilify France. U.N. reform on intelligence now in con- appreciates the lifetime dedication and serv- peacekeepers performed bravely in try- ference, I am deeply concerned about ice of Senator THOMAS A. DASCHLE to im- prove the economy and the quality of life in ing to protect the zone of confidence the impact the new leadership at the South Dakota and throughout the United during the recent hostilities. South Af- CIA may have on our national security. States. rican President Thabo Mbeki moved Since the terrorist attacks against f quickly to reach out to all parties and the United States on September 11, ˆ open the door to dialogue that could 2001, the Congress has been engaged as TROUBLING SITUATION IN COTE diffuse the situation, though sadly, his never before in efforts to reform our in- D’IVOIRE efforts were not embraced by all par- telligence collection capability in Mr. FEINGOLD. Mr. President, I ex- ties. On November 15, the United Na- terms of our ability to improve the press my concerns about the troubling tions Security Council unanimously technical means to collect and share situation in Coˆ te d’Ivoire. adopted a resolution establishing an critical information in a timely fash- As my colleagues know, in Sep- arms embargo on Coˆ te d’Ivoire, and in- ion. The key component to that reform tember 2002, rebellion broke out in dicating that a travel ban and asset is human capital. Time and time again Coˆ te d’Ivoire, eventually dividing the freeze will be applied to anyone from in outside commissions, reports to the country between the north, where among the government or rebel ranks Congress, and in hearings, we have rebels known as the Force Nouvelle es- found to be an impediment to progress been told that our intelligence and law tablished themselves, and the south, on implementing the peace accords. I enforcement communities lack suffi- where President Laurent Gbagbo’s gov- welcome this resolution and its insist- cient qualified personnel to collect and ernment continued to exercise its au- ence on accountability from all parties analyze information. I introduced leg- thority. The Economic Community of to Coˆ te d’Ivoire’s conflict. islation, S. 589, the Homeland Security West African states, or ECOWAS, In addition to accountable, construc- Federal Workforce Act, which passed helped to negotiate a ceasefire, and in tive leadership, there is a desperate the Senate with bipartisan support last January 2003 international efforts to need for grassroots reconciliation ef- year and is now in the House, to help mediate the crisis culminated in the forts. The tensions that came to a boil rectify that problem. Other Members of signing of the Linas-Marcoussis Agree- in 2002 have, sadly, been simmering for Congress on both sides of the aisle have ment of early 2003, which provided for some time. In the 1990s, some pursued a also introduced legislation to improve an interim Government of National deliberate effort to promote a divisive, our intelligence and law enforcement Reconciliation to move the country to- destructive, xenophobic brand of na- workforce. ward new elections. The United Na- tionalism in the country, and if a last- This is why I am so disturbed by the tions established a peacekeeping mis- ing peace is to take hold and the people news reports that senior members of sion and over 6,000 troops from around of Coˆ te d’Ivoire are to be free from fear the CIA are being forced to resign, are the world deployed to monitor the of a return to violence and chaos, a being pressured to fire subordinates, ceasefire and help the parties imple- great deal of work must be done to and there are fears that they may even ment the peace accord—further evi- lessen ethnic tensions and build con- be asked to tailor their analysis to sup- dence of international will to help the fidence and trust in Ivorian commu- port the administration’s policies, ac- people of Coˆ te d’Ivoire regain a stable nities. In recent days, French nationals cording to the November 17, 2004, New footing and reestablish a just and have been the targets of ugly invective, York Times. I ask unanimous consent peaceful unified government. but in the recent past it has been that the article be printed in the Throughout these diplomatic efforts, northern Ivorians, immigrants, and RECORD following my remarks. 4,000 French soldiers have served as the Muslims who have been demonized. I The PRESIDING OFFICER. Without backbone of the international presence urge the administration to make com- objection, it is so ordered.

VerDate Aug 04 2004 03:13 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.094 S18PT1 S11486 CONGRESSIONAL RECORD — SENATE November 18, 2004 (See exhibit 1.) that he was seeking ‘‘to clarify beyond doubt lead in all contacts with the media and with Mr. AKAKA. Among those who have the rules of the road.’’ Congress. ‘‘We remain a secret organiza- been forced out or retired recently are While his words could be construed as urg- tion,’’ he said. the Deputy Director of the CIA, the ing analysts to conform with administration Among the moves that Mr. Goss said he policies, Mr. Goss also wrote, ‘‘We provide was weighing was the selection of a can- Deputy Director of Operations, the sec- the intelligence as we see it—and let the didate to become the agency’s No. 2 official, ond ranking member of the clandestine facts alone speak to the policymaker.’’ the deputy director of central intelligence. service, and the former head of the CIA The memorandum suggested an effort by The name being mentioned most often with- bin Laden unit. Other resignations, re- Mr. Goss to spell out his thinking as he em- in the C.I.A. as a candidate, intelligence offi- tirements, or reassignments may fol- barked on what he made clear would be a cials said, is Lt. Gen. Michael V. Hayden of low. major overhaul at the agency, with further the Air Force, the director of the National Apparently, Director Goss brought changes to come. The changes to date, in- Security Agency, which is responsible for with him at least 4 former staffers cluding the ouster of the agency’s clandes- intercepting electronic communications tine service chief, have left current and from the House of Representatives and worldwide. The naming of a deputy director former intelligence officials angry and un- would be made by the White House, in a inserted them into senior positions at nerved. Some have been outspoken, includ- nomination subject to Senate confirmation. the agency where they have begun to ing those who said Tuesday that they re- In interviews this week, members of Con- force these resignations. garded Mr. Goss’s warning as part of an ef- gress as well as current and former intel- This is troubling for two reasons: fort to suppress dissent within the organiza- ligence officials said one reason the overhaul First, we cannot afford to lose any in- tion. under way had left them unnerved was that telligence personnel, especially sea- In recent weeks, White House officials Mr. Goss had not made clear what kind of soned officers, in the midst of the war have complained that some C.I.A. officials agency he intended to put in place. But Mr. have sought to undermine President Bush Goss’s memorandum did little to spell out on terrorism. We have so few people we and his policies. cannot fully staff the Terrorist Threat that vision, and it did not make clear why At a minimum, Mr. Goss’s memorandum the focus of overhaul efforts to date appeared Integration Center, TTIC, that the appeared to be a swipe against an agency de- to be on the operations directorate, which President created to provide a coordi- cision under George J. Tenet, his predecessor carries out spying and other covert missions nated counterterrorism response to the as director of central intelligence, to permit around the world. 9/11 attacks. Secondly, our intelligence a senior analyst at the agency, Michael ‘‘It’s just very hard to divine what’s going staff have been working 24/7 since the Scheuer, to write a book and grant inter- on over there,’’ said Senator Ron Wyden, war on terrorism and the war in Iraq views that were critical of the Bush adminis- Democrat of Oregon, who said he and other tration’s policies on terrorism. members of the Senate intelligence com- began. They need morale boosters, not One former intelligence official said he saw the morale downers that come from the mittee would be seeking answers at closed nothing inappropriate in Mr. Goss’s warning, sessions this week. ‘‘But on issue after issue, forced resignations of well-respected noting that the C.I.A. had long tried to dis- there’s a real question about whether the leaders. tance itself and its employees from policy country and the Congress are going to get an So desperate is the personnel situa- matters. unvarnished picture of our intelligence situ- tion that the intelligence reform bill, ‘‘Mike exploited a seam in the rules and in- ation at a critical time.’’ S. 2845, now in conference, authorizes appropriately used it to express his own pol- Mr. Goss said in the memorandum that he icy views,’’ the official said of Mr. Scheuer. the establishment of a National Intel- recognized that intelligence officers were op- ‘‘That did serious damage to the agency, be- erating in an atmosphere of extraordinary ligence Reserve Corps for the tem- cause many people, including some in the porary reemployment of former intel- pressures, after a series of reports critical of White House, thought that he was being intelligence agencies’ performance in the ligence community employees during urged by the agency to take on the presi- months leading up to the Sept. 11 attacks periods of emergency. dent. I know that was not the case.’’ and the war in Iraq. But a second former intelligence official Some would argue that the CIA is a ‘‘The I.C. and its people have been relent- said he was concerned that the memorandum ‘‘damaged agency’’ that needs to be re- lessly scrutinized and criticized,’’ he said, and the changes represented an effort by Mr. formed through ‘‘hard love.’’ Perhaps using an abbreviation for intelligence com- Goss to stifle independence. munity. ‘‘Intelligence-related issues have be- that is the case. Perhaps the oper- ‘‘If Goss is asking people to color their come the fodder of partisan food fights and ations directorate needs to be given views and be a team player, that’s not what turf-power skirmishes. All the while, the de- new direction. I understand that both people at C.I.A. signed up for,’’ said the mand for our services and products against a President Clinton and President Bush, former intelligence official. The official and ruthless and unconventional enemy has ex- others interviewed in recent days spoke on in his first term, were focused on re- panded geometrically and we are expected to condition that they not be named, saying forming the clandestine operations deliver—instantly. We have reason to be they did not want to inflame tensions at the through the efforts of Director Tenet proud of our achievements and we need to be agency. and that those reforms were yielding Some of the contents of Mr. Goss’s memo- smarter about how we do our work in this results. But if those results are insuffi- randum were first reported by The Wash- operational climate.’’ cient, more needs to be done. ington Post. A complete copy of the docu- f If a ship needs to change course and ment was obtained on Tuesday by The New requires a new crew, the new crew York Times. needs to knows both how to pilot a ship Tensions between the agency’s new leader- LIFTING HOLD ON NOMINATION OF and how to plot a course. So far, the ship team, which took over in late Sep- DEBORAH MAJORAS current upheaval at the Central Intel- tember, and senior career officials are more Mr. WYDEN. Mr. President, last intense than at any time since the late May, I announced my intention to ob- ligence Agency makes me worry that 1970’s. The most significant changes so far the current new crew may not measure have been the resignations on Monday of ject to any unanimous consent request up to that challenge. I would like to be Stephen R. Kappes, the deputy director of for the Senate to take up the nomina- proved wrong because our national se- operations, and his deputy, Michael Sulick, tion of Deborah Majoras to be the curity depends on it. but Mr. Goss told agency employees in the Chair of the Federal Trade Commis- EXHIBIT 1 memorandum that he planned further sion, FTC. I did so because despite sev- [From the New York Times, Nov. 17, 2004] changes ‘‘in the days and weeks ahead of us’’ eral requests, I had received no assur- that would involve ‘‘procedures, organiza- NEW C.I.A. CHIEF TELLS WORKERS TO BACK ance from Ms. Majoras that under her tion, senior personnel and areas of focus for leadership, the FTC would take any ADMINISTRATION POLICIES our action.’’ (By Douglas Jehl) ‘‘I am committed to sharing these changes steps to address anticompetitive prac- WASHINGTON, Nov. 16.—Porter J. Goss, the with you as they occur,’’ Mr. Goss said in the tices that drive up gasoline prices na- new intelligence chief, has told Central In- memorandum. ‘‘I do understand it is easy to tionwide and particularly in the Pa- telligence Agency employees that their job be distracted by both the nature and the cific Northwest. Oregon consumers is to ‘‘support the administration and its pace of change. I am confident, however, typically pay some of the highest gaso- policies in our work,’’ a copy of an internal that you will remain deeply committed to line prices in the Nation. memorandum shows. our mission.’’ Today, I received a letter from Ms. ‘‘As agency employees we do not identify Mr. Goss’s memorandum included a re- with, support or champion opposition to the minder that C.I.A. employees should ‘‘scru- Majoras describing how she is moving administration or its policies,’’ Mr. Goss said pulously honor our secrecy oath’’ by allow- forward on certain commitments she in the memorandum, which was circulated ing the agency’s public affairs office and its made to me concerning the FTC’s poli- late on Monday. He said in the document Congressional relations branch to take the cies for the oil and gasoline industry.

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.055 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11487 In particular, she committed to consult gin Islands. Yet, our current Secretary the foreign policy of the United States with outside experts to get to the bot- of State has shown remarkable knowl- and all its citizens, which includes the tom of the differences between the edge of the sometimes complex issues U.S. citizens of Puerto Rico under its Government Accountability Office, arising from official international ac- current status. GAO, and the FTC on the impacts of tivities of local territorial govern- The actions taken by the Department the FTC oil merger policies on gasoline ments. of State in this matter do not affect prices. Ms. Majoras’ letter states that In responding to international issues the process of self-determination as to she is working to do this by conducting arising from Federal-territorial rela- the ultimate political status of Puerto a public review of the GAO report on tions in the case of Puerto Rico, Sec- Rico. Rather, this is a matter of con- the Effects of Mergers and Market Con- retary Powell has articulated sound firming and in a proper manner imple- centration in the U.S. Petroleum In- principles that are relevant to Federal menting Federal powers and respon- dustry. Following that review, Ms. policy with respect to the other terri- sibilities beyond the realm of local pol- Majoras also promises to share her tories as well. Specifically, the record itics regarding the status of the terri- views with me on the GAO report. should reflect the success of measures tory, until informed self-determination Ms. Majoras’ letter indicates she is adopted by the Department of State to recognized under Federal law and pol- making a good-faith effort to take a ensure that local government officials icy leads to status resolution. Of fresh look at the issues raised by the in the Commonwealth of Puerto Rico course, neither local government pow- GAO report. In light of this and the do not take official actions incon- ers nor the terms for political status other actions Ms. Majoras has initiated sistent with the reservation of foreign resolution can be determined unilater- to get to the bottom of the reasons why relations powers to the federal govern- ally by local law or political processes, consumers in my part of the country ment under the U.S. Constitution. because in each case Federal law is su- are paying such high gasoline prices, I The Department of State has tried to preme and only changes in Federal law will no longer object to any unanimous show flexibility and include territories can change the status or define the ex- consent request for the Senate to take in international programs and activi- tent that local governments can exer- up Ms. Majoras’ nomination. I will, ties when appropriate, as it does in the cise sovereignty as to local matters. however, continue to closely monitor case of other domestic political sub- For making these realities clear, and the FTC actions under Ms. Majoras’ divisions. However, Department of doing so in an impartial and entirely leadership to ensure gasoline con- State oversight and regulation of all fair way, it is appropriate to commend sumers are not overpaying at the official international activities by our Secretary of State and the men and pump. local territorial governments is nec- women of the U.S. State Department. I ask unanimous consent that a copy essary to preserve the constitutional f of this statement along with Ms. allocation of powers within the U.S. TRIBUTE TO INTERNS Majoras’ letter be printed in the CON- Federal system, especially as it relates GRESSIONAL RECORD. to administration of territories with a Mr. HARKIN. Mr. President, today I There being no objection, the mate- political status defined by Federal extend my appreciation to my fall 2004 rial was ordered to be printed in the statute rather than the U.S. Constitu- class of interns: Sonja Loges, Colleen RECORD, as follows: tion itself. In the case of Puerto Rico, Coffey, Lauryn Douglas, Cheri Rolfes, FEDERAL TRADE COMMISSION, Federal authority in all official inter- Sarah Helgen, Katie Callahan, Milan Washington, DC, November 18, 2004. national matters is consistent with the Dalal and Deborah Sundquist. Each of Hon. RON WYDEN, Puerto Rico Federal Relations Act (64 them has been of tremendous assist- U.S. Senate, State. 319), and required by the status ance to me and to the people of Iowa Washington, DC. of the Commonwealth of Puerto Rico over the past several months. DEAR SENATOR WYDEN, In response to your as a territory subject to the authority Since I was first elected to the Sen- recent inquiries, I want to assure you that I am working to implement the actions that I of Congress under Article IV, Section 3, ate in 1984, my office has offered in- laid out in my letter of June 10, 2004. For ex- Clause 2 of the U.S. Constitution. All ternships to young Iowans and other ample, we are working on the public review powers of the local government remain interested students. Through their by outside economic experts of the findings subject to the supremacy of Federal work in the Senate, our interns have in the GAO Report, Energy Markets: Effects of law. not only seen the legislative process, Mergers and Market Concentration in the U.S. The Department of State acted in the but also personally contributed to our Petroleum Industry and the criticisms of that national interest and in the best long- Nation’s democracy. report. As you know, it is common for econo- term interest of our fellow citizens in It is with much appreciation that I mists to submit their work for peer review Puerto Rico by not acquiescing in ac- and discussion, and I believe that such an as- recognize Sonja, Colleen, Lauryn, sessment would be useful. Given your inter- tions by U.S. citizen officials of the Cheri, Sarah, Katie, Milan and Deborah est in the report, I plan to share my views local government seeking inter- for their hard work this fall. It has with you about the findings and conclusions national recognition and treatment for been a delight to watch them take on of this public discussion once we have com- Puerto Rico that are reserved for sov- their assignments with enthusiasm and pleted that process. ereign nations. The Department must hard work. I am very proud to have Here at the FTC, we are working at full continue to adhere to the simple rule worked with each of them. I hope they throttle to protect American consumers; I that the Commonwealth should not be take from their fall a sense of pride in look forward to working cooperatively with permitted to act officially in the inter- the Congress in the coming session on these what they have been able to accom- efforts. national sphere in a manner that would plish, as well as an increased interest Sincerely, not be permitted for other political in public service and our democratic DEBORAH PLATT MAJORAS. subdivisions, whether State, county, system and process. f city or territorial, unless otherwise f specifically provided by Congress. COMMENDING SECRETARY POW- By confirming the correct applica- TRIBUTE TO HOWARD TINBERG ELL AND STATE DEPARTMENT tion of Federal law and policy in his AND ROBERT BELL ON MANAGING INTERNATIONAL cable to our embassies, Secretary Pow- Mr. KENNEDY. Mr. President, it is a GOVERNMENTAL RELATIONS ell has given diplomatic expression to privilege to take this opportunity to FOR U.S. TERRITORIES the principles of federalism that apply commend two college professors in Mr. CRAIG. Mr. President, as our col- to Puerto Rico and other U.S. terri- Massachusetts for the national rec- leagues on the Senate Energy and Nat- tories. This ‘‘Powell Doctrine’’, if you ognition they have won today. Pro- ural Resources Committee will attest, will, ends the ambivalence and ambi- fessor of English Howard Tinberg at it takes years of experience to under- guity that have existed about these Bristol Community College in Fall stand some of the nuances of Federal issues for too long. The Secretary of River was named an Outstanding Com- law and policy applicable in American State applied the correct legal doctrine munity College Professor of the Year, Samoa, Guam, Puerto Rico, the North- in these matters, based on the principle and Robert Bell, professor of English at ern Mariana Islands and the U.S. Vir- that the Federal Government conducts Williams College in Williamstown, was

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.058 S18PT1 S11488 CONGRESSIONAL RECORD — SENATE November 18, 2004 named an Outstanding Baccalaureate his remarkable efforts and compassion, ously, we were failing to turn young lives College Professor of the Year. the urban areas of Iowa would not be around.’’ The awards were presented by the the same. His progressive vision of to- Abdul-Samad began to research the prob- lem. He resigned his prison contract and Council for Advancement and Support day’s youth places a positive outlook went to work for a Des Moines organization of Education and the Carnegie Founda- not only for the youth of today, but called Urban Dreams, where he worked with tion for the Advancement of Teaching. also the youth of the future. kids already at El Dora. ‘‘But I wanted to Four professors were recognized at Mr. President, I ask that the fol- catch the kids before they got to that insti- each level of higher education—com- lowing magazine article be printed in tution,’’ explains Abdul-Samad. ‘‘And I was munity college, baccalaureate, mas- the RECORD. tired of hearing people say we can fix kids. ters, and doctoral/research—for their The article follows: You can’t ‘fix’ a child or an adult. You can outstanding teaching, their commit- provide resources for them to fix themselves [From the Caring Magazine, Dec., 2004] because if the motivation to change doesn’t ment to undergraduate students and In 1996, a young woman from an outlying come from their own heart, it doesn’t work.’’ their contribution to teaching as a pro- suburb of Des Moines, Iowa, was killed when It was at that time that the young woman fession. caught in gang crossfire—a tragedy fre- in Des Moines was killed in the crossfire, Howard Tinberg teaches literature quently played out in all too many American providing a catalyst to test Abdul-Samad’s and composition, and is renowned for cities and towns. The community was out- concept. ‘‘With Creative Visions we showed involving his students in researching raged, and many people approached local ac- the kids we were willing to give them an op- tivist Ako Abdul-Samad and asked what the use of literacy in families and com- portunity,’’ Abdul-Samad affirms. ‘‘We gave could be done. He replied, ‘‘Let’s talk with them a new family to belong to. We gave munities. He was instrumental in the the kids you’re talking about. Let’s hear them an opportunity to have a building— establishment of the Writing Center at what they need.’’ that gave them ownership because they put Bristol Community College and the And so Chuck Johnson, president and CEO the graffiti on the walls. Every young person Center for Teaching and Learning on of Pioneer Hi-Bred and president of the Des who was here in 1996 was involved in all as- the campus. He also serves as editor of Moines Chamber of Commerce, and Tom pects of Creative Visions. We didn’t do one the national journal. Teaching English Glenn of the Des Moines Labor Institute met program without their input. We would do in the Two-Year Colleges. with Abdul-Samad for hours along with 14 of focus groups until we got it right. And they Des Moines’ top gang leaders. Then Abdul- saw me walking the talk.’’ Robert Bell’s approach to teaching is Samad met with the gang members alone, And then came 1997 and a personal tragedy grounded in his personal connections discussing an idea he had to build an organi- that tested Abdul-Samad’s faith and ability to his students and the exploration of zation to help at-risk youth. to continue to ‘‘walk the talk.’’ In December literature through the details of the Of the 14 gang leaders who showed up that his only son, ‘‘Little Ako,’’ was shot to death author’s language. In 1994, he founded a day, six bought into Abdul-Samad’s idea. by a young man named Rodney. ‘‘When I mentoring program for new faculty And thus Creative Visions was born. The went to the hospital, it was full of young members, the Project for Effective only thing the newly birthed organization people waiting to see what I would do,’’ asked of the six gang members who stayed Teaching, which brings teachers to- Abdul-Samad recalls. ‘‘The police declared it on was to stop all of their illegal activity. an accidental shooting. My family wanted gether for weekly discussions, ‘‘We didn’t ask them to denounce their gang me to press charges and send the killer to symposia and conferences. or to shed their gang colors,’’ says Abdul- jail. And the gang members wanted to kill The Professors of the Year Program Samad. ‘‘And for two months we all worked Rodney. I will tell you now that the walk be- was created in 1981 and is the only na- out of my house—with members of the Crips, came very difficult for me. I worked hard at tional program specifically designed to Bloods, Gangsta Disciples, and Vice Lords just trying to think straight. Sometimes I recognize excellence in undergraduate coming and going, much to my neighbors’ wouldn’t know what I was doing. wary curiosity. ‘‘I prayed for guidance. Within a week, I teaching and mentoring. This year’s ‘‘After the two months, we met again with winners were selected from a pool of called a press conference and had Rodney the president of Pioneer Hi-Bred, among oth- and his mother there. And I forgave Rodney nearly 300 teachers nominated by their ers. The gang members walked in wearing in public. I said that I’ve already lost my son provosts and academic vice presidents their colors, and then shortly into the meet- and that it would do no good to lose another and supported by colleagues, former ing they all got up and walked out. I kept on young man. I said if I could forgive him, who students, and current students. talking, and it seemed like they weren’t had the right not to? And then I took Rod- Massachusetts is proud of the na- coming back, so I began to apologize to the ney home with me for the next four or five tional recognition earned by these two president and attendees. Just then, all of days. distinguished educators who have dedi- them walked in again dressed in business ‘‘I think this is what the fate of Creative suits ready to give their individual presen- Visions, because the kids and young adults cated their careers to improving the tations. Tears streamed down my face.’’ now saw me walk the talk despite my per- learning and lives of their students and In the eight years that have since passed, sonal pain. They saw I was willing to keep on colleagues, and I congratulate them for only one of the six original gang members giving, no matter what it cost. And not only their impressive leadership. who agreed to work with Abdul-Samad re- me. There was another staff person whose turned to his former ways, and now even he f son was shot and killed in a street not far is starting to put his life back together from our office. The kids could see that there ADDITIONAL STATEMENTS again. are people who work here that are in pain, From that small but powerful beginning, but they keep on going.’’ Lest one label Abdul-Samad estimates that Creative Vi- Abdul-Samad and his co-workers ‘‘role mod- HONORING AKO ABDUL-SAMAD sions has probably taken more guns and els,’’ he is quick to correct the term: ‘‘We drugs off the street than any other organiza- ∑ Mr. HARKIN. Mr. President, today I don’t use the term ‘role model;’ we use ‘goal tion in the Midwest. Their secret? Very sim- model.’ Too many times we put our role would like to call my colleagues’ at- ple, really. Give the so-called ‘‘lost-to-the- models upon pedestals; we don’t allow them tention to the extraordinary work of streets’’ youth and young adults a cus- to be human, which hinders their giving. We one of my Iowa constituents. This tomized, holistic program of self-develop- think a ‘goal model’ allows someone to make year, Ako Abdul-Samad, a Des Moines- ment, and you will see them transform into mistakes, to learn from those mistakes, and based activist, received the prestigious self-sufficient, productive citizens. The seeds to grow. As goal models we ‘model’ setting 2004 National Caring Award for his for Creative Visions were planted 15 years goals, striving to reach those goals, and work with at-risk youth in urban areas before its formal founding. ‘‘I had a contract making those goals a reality.’’ to visit and work in the prisons statewide,’’ throughout Iowa. His organization, Certainly part of what makes Creative Vi- says Abdul-Samad. ‘‘One day I was in the in- sions work is its peer counselors—some of Creative Visions, was founded in 1996 take center where all the prisoners come whom are former gang members, drug ad- after gang violence killed a young once they are sentenced. I met a 16-year-old dicts, and dealers themselves. They are espe- woman in suburban Des Moines. By who was about to serve an adult sentence, cially able to form trusting relationship with working with both community leaders and before I left he asked me to tell his dad young people who know they have ‘‘been as well as gang leaders, Ako has helped and uncles when I saw them that he was OK. there, done that.’’ many youth overcome their troubled I thought he meant when I got back to Des Like many dedicated to a life of service, past. Moines to look them up. But no, he said his Abdul-Samad’s reward is not accolades. ‘‘A dad was in one state prison and his uncles reward is when a young street person, whom I am proud to call Ako Abdul-Samad were in another. Then I learned that all of everyone else had given up on, goes through not only a fellow Iowan, but also a them had been to El Dora, a well-known our program and then walks in the door one friend. Since 1996, his organization has boys’ training school that supposedly helped day and shows you their diploma, or tells aided countless Iowa youth. Without troubled youth avoid a life of crime. Obvi- you they’ve gone back to school, or shares

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.057 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11489 the career path they’ve chose to pursue. work. In the 1960s, Reverend Williams ers!’’ Having lost a leg in a train acci- Nothing is more rewarding than to watch launched a free meal program at Glide dent when he was a boy, Salty was a someone who is struggling and wearing a that expanded in the 1980s to providing firm support and wonderful example for look of despair suddenly transform. You can begin to see hope in their eyes and the begin- three meals a day to the hungry and youngsters who were coping with a ning of a smile.’’ homeless. The program currently similar disability. Salty would dem- There are many aspects of inner-city life serves over 1 million meals a year to onstrate how the loss of a limb really that are not pretty. Abdul-Samad and his co- members of the larger San Francisco would not set them back one bit. workers come face to face with often grim community. Many charitable endeavors benefited and gritty circumstances that most people In the 1990s, feeling the need to reach from Salty’s talent, energy, and good would not want to even hear about, much out to those involved in drug abuse, name. He was especially involved in less confront. Teen pregnancies, venereal diseases, drug overdoses, stabbings, are all Reverend Williams took his message the Big Brothers of Rhode Island, the part of the realities Creative Visions’ coun- against drugs into the community, Muscular Dystrophy Association, and selors face each day. Abdul-Samad credits using a bullhorn in front of housing was a board member, appropriately his relationship with God with helping him projects to call addicts and dealers out enough, of Save the Bay. Cardi’s Fur- get through his pain. He also copes through to recovery. niture for whom he had recorded a the pen—often writing poetry at 3 a.m., As Reverend Williams begins his 40th trademark commercial—honored Salty which relaxes him and had led to the release year at Glide Memorial Church, he is for his service to our community just of his first book, A Deeper Truth/Relevations now serving as Glide’s CEO and Min- last year. From the Soul. Abdul-Samad has spent most of his 53 ister of National and International Born in 1918, Salty’s life was framed years giving to others. Even as a child he Ministries. He continues to bring forth by Red Sox World Series victories. This tended to wounded animals or fixed broken new ideas on how to battle the prob- is entirely appropriate, as Salty was an bicycles and then gave them away to neigh- lems inflicting the San Francisco com- ardent and devoted fan and even had borhood kids. By the time he was 18, he was munity, including poverty, drug abuse, aspired to be a ball player. Just last aligned with an organization that fed 300 violence and despair. He is a respected August, on Rhode Island Day at children each morning—long before the school system began offering free breakfasts. and revered leader who brings together Fenway Park, Salty Brine was given ‘‘This was all during the 1960s, a good time in people searching for acceptance, social the well-deserved honor of throwing which to have grown up because of all the justice and spiritual growth. out the first pitch. consciousness-raising going on—women’s I hope you will all join me in cele- Like the Big Blue Bug and Mr. Po- rights, civil rights, human rights,’’ says brating the remarkable service of Rev- tato Head, Salty Brine, with his skip- Abdul-Samad. ‘‘Anyone young who got erend Cecil Williams for the past 40 per’s hat, was a Rhode Island icon, a caught up in the counter-culture movement years at Glide Memorial Church. I wish one-of-a-kind and endearing institution at that time couldn’t help but identify with him many more years of rewarding ex- that bound all Rhode Islanders to- people who were struggling.’’ After eight years, the vision Ako Abdul- periences to the San Francisco commu- gether in a single fond experience. He Samad conceived and built is flourishing. Al- nity and beyond.∑ was so much a part of our landscape most two dozen programs are now operating f that the legislature renamed a Narra- through his center, from computer classes to gansett State beach after him. The IN TRIBUTE TO RHODE ISLAND 12-step meetings. Since its inception, Cre- Salty Brine Beach endures as a perma- BROADCASTING LEGEND SALTY ative Visions has attracted and helped more nent affirmation of our affection for than 6,500 men, women, and at-risk children BRINE our Salty. and youth. Now calls are coming in from cit- ∑ Mr. CHAFEE. Mr. President, I want ies around the United States—and other Salty Brine was married to his first countries including Mexico, the Netherlands, to pay tribute to a great Rhode Is- wife, Marion, known to all as Mickie, and Nigeria—also interested in starting simi- lander who passed away on Election for 56 years. She died in 2000. He is sur- lar organizations. Day: Walter L ‘‘Salty’’ Brine. vived by his wife, Roseanna, and his Abdul-Samad knows that many of the bat- Salty Brine was a local broadcasting son Wally, who co-hosts the ‘‘Loren & tles he undertakes won’t be won in his life- legend one might even say he was the Wally Morning Show’’ on WROR-FM in time. But his philosophy is to plant a seed, voice of Rhode Island. For half a cen- and he has planted many.∑ Boston. tury, he hosted the morning program Rhode Island will miss him.∑ f on WPRO-AM. It was Salty’s voice that f REVEREND CECIL WILLIAMS thrilled three generations of school- RETIREMENT OF VEE BURKE ∑ Mrs. BOXER. Mr. President, I wish to children on snowy mornings with the ∑ recognize and share with my colleagues announcement, ‘‘No school, Foster- Mr. ROCKEFELLER. Mr. President, I the compassion and dedication of Rev- Glocester!’’ commend Ms. Vee Burke for her years erend Cecil Williams in honor of his 40 Salty’s show was the soundtrack of a of public service as a member of the years of community service to the San Rhode Island morning. The sound of his Congressional Research Service, CRS. Francisco community. voice conjures up the following scene: She has demonstrated an enormous ca- Reverend Williams has been Pastor of It is dark outside, a bowl of steaming pacity for public service and tremen- San Francisco’s Glide Memorial oatmeal is on the kitchen table, there dous insight on social policy. In over 30 Church since the early 1960s. He has is a mad scramble to locate a missing years working for the CRS, Vee has built a community congregation of mitten before the school bus arrives. proven herself to be a true expert in over 10,000 members and is recognized Salty would preside over the recount- the field of public welfare. as a national leader on the leading edge ing of the news and the weather. His Through her hard work and dedica- of social change. wife Mickie would call in and give a re- tion, Vee has provided background re- Reverend Williams has led Glide Me- port on what birds were at the ports and thoughtful analysis of low- morial Church to be a political voice birdfeeder. We would be on the edges of income programs, especially welfare for equal rights and a safe haven for our seats waiting for him to say our reform. Members need timely and clear the oppressed. His congregation has school was closed. I suppose it is fair to information in order to make informed lent its support to those who speak out say that Rhode Islanders associate policy decisions. Vee has provided such on national issues of importance, such Salty Brine with that singular elation information for many years. Her abil- as the Vietnam war, nuclear weapon aroused by a snow day. Salty was the ity to immerse herself in the specific development, affirmative action and ultimate bearer of good news. details of each program assured the HIV/AIDS prevention. Of course, Salty’s career encom- completeness of her reports, and her When Reverend Williams joined Glide passed much more than reading the consistent presence from one year to Memorial Church in the 1960s, he trans- rollcall of school closures. From 1958 to the next was essential in maintaining formed it into a sacred space that hon- 1968, he hosted a children’s television an overview of the larger welfare sys- ors diversity, expression, and the cele- program called ‘‘Salty Brine’s Shack,’’ tem that the individual programs col- bration of life. which costarred his collie Jack and lectively represent. I would like to share a couple exam- ended reliably with the admonition, At the end of this month, Vee will be ples of Reverend Williams’ tremendous ‘‘Brush your teeth and say your pray- retiring from CRS. While she will be

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.065 S18PT1 S11490 CONGRESSIONAL RECORD — SENATE November 18, 2004 missed, she has certainly earned the staff at the Lewis and Clark National Since 1997, Wawa and the CJ Founda- right to move on to the next phase of Historic Park for their dedication to tion for SIDS have held Walk-a-Thons her life. The legacy she leaves behind the public good. With the peak of Lewis on the second Sunday in September. will be difficult to match. Having been and Clark Bicentennial celebrations Walks are held at 12 locations in their honored for her outstanding perform- coming in the summer of 2005, there is five trading areas: New Jersey, Penn- ance numerous times, it is clear that still much work to do. But I am con- sylvania, Delaware, Maryland, and Vir- Ms. Burke has earned the respect of her fident that they will succeed and leave ginia. With the strong support of Wawa colleagues within CRS, congressional a legacy lasting well beyond this sea- area managers, supervisors and store Members and staff, and the larger re- son of celebration. While the public personnel, Wawa has raised more than search and policy community as a servants of our many Federal agencies $1.5 million over the last 8 years. Not whole. Though many of them will are often faceless and nameless to us in only have Wawa customers, vendors never know her name, her knowledge Congress, they are considered friends and associates given generously of and commitment to public service has and partners in the communities they their time to make the SIDS walks an affected the lives of millions of Ameri- serve.∑ enormous success, but countless Wawa cans. It is with the deepest respect and associates volunteer to work the phone f admiration that I thank Ms. Burke banks in New York City each year for here today and wish her the best in all IN RECOGNITION OF RICHARD the benefit of the CJ Foundation for of her future ventures.∑ WOOD SIDS Radiothon. Howard Stoeckel, f ∑ Mr. CARPER. Mr. President, I rise President, and Harry McHugh, Senior today in recognition of Richard Wood, Vice President, have both spoken on LEWIS AND CLARK NATIONAL CEO of Wawa Inc., and to commend the Radiothon on behalf of Wawa and HISTORIC PARK him and his company’s commitment their involvement in the fight against ∑ Mr. SMITH. Mr. President, today, on and dedication to Delaware and sur- SIDS. behalf of the residents of Clatsop Coun- rounding States. As CEO of Wawa, Money raised at the Wawa Walk-a- ty, OR, I pay tribute to public servants Richard Wood has instilled in his asso- Thons is used to fund research to find who are usually referred to here in the ciates the wisdom to do the right the cause of SIDS and to educate par- U.S. Senate as nameless and faceless thing, and this core value enables the ents on how to reduce the risk of SIDS. Proceeds from the walks have helped bureaucrats. I express my gratitude to company to place a high priority on volunteer grassroots SIDS organiza- the dedicated staff of the National local community involvement. I thank tions expand to regional professional Park Service staff at the newly des- him for all that he and his associates non-profits. Thousands of families have ignated Lewis and Clark National His- have done to make Delaware a better toric Park—in particular, the super- greatly benefited from the national place. ‘‘Cribs For Kids’’ program, which re- intendent, Chip Jenkins. The company began in 1803 and was ceives funding from the Wawa Walk-a- Fort Clatsop and the Lewis and Clark incorporated in 1865 as the Millville Thons. This program distributes cribs National Historic Park, which sits in Manufacturing Company. Millville’s the northwest corner of Oregon, serves to low-income families to help them owner, George Wood, lived in Philadel- as the exclamation mark to the Lewis provide a safe sleep environment for phia and brought his family to Wawa, a and Clark expedition across this vast their babies. rural town in Delaware County, PA. continent. Established in 1958, this unit Throughout all this, one steady influ- The original house where his family of the national park system has grown ence has been the leadership of Richard lived had a red tile roof, and is now the to be one of the most popular tourist Wood, Wawa’s CEO, who leads by his site of Wawa’s present headquarters, attractions along the northern Oregon example in defining Wawa’s culture hence the name ‘‘Red Roof’’ for Wawa’s Coast. For 46 years, this park has en- and values. Born and raised in Pennsyl- corporate offices. In 1902, George Wood deavored to tell the story of the Lewis vania, Richard graduated in 1956 from took an interest in dairy farming and and Clark Expedition and its impact on St. Paul’s School, Concord, NH. He the settlement of the Pacific North- started a small milk processing plant went on to receive his B.S. in Com- west. in Wawa, specializing in the home de- merce from the University of Virginia In preparation for the upcoming livery of milk. By the 1960s, the grand- in 1961, and an LLB from the Univer- Lewis and Clark Bicentennial festivi- son of George Wood, Grahame Wood, sity of Pennsylvania Law School in ties, Chip Jenkins and his staff at the recognized the changing economic 1964. After graduating from law school, Fort have served as a driving force in trends and had the vision to expand by Mr. Wood served as a law clerk for one planning, facilitating and coordinating selling milk in convenience stores. In year in the Federal Court of the East- region-wide efforts to help tell the tale April 1964, the first Wawa Food Market ern District of Pennsylvania for the of Lewis and Clark in the great Pacific was opened in Folsom, PA. Honorable Francis L. Van Dusen. He Northwest. Along with many key mem- One of the founding principles of then joined the law firm of Mont- bers of the community, Chip’s vision Wawa is a commitment to the local gomery, McCracken, Walker and and leadership abilities have cul- communities that they serve. Today Rhoads in Philadelphia, PA. In June of minated in the recent passage of the Wawa’s core value of ‘‘people helping 1970, Mr. Wood joined Wawa, Inc. as Lewis and Clark National Historical people’’ guides Wawa and its employees General Counsel. He served in various Park Designation Act, which brings to give back to those in need. Just capacities until becoming President in several State parks from both Oregon some of Wawa’s charitable causes in- June 1977 and Chief Executive Officer and Washington in partnership with clude support for children’s health, in January 1981. Richard and his wife the National Park Service to tell a cancer research, AIDS research, domes- Jean reside in Wawa, PA. comprehensive story of the Lewis and tic violence, heart disease and hunger. Richard serves on several boards, in- Clark experience at the mouth of the A few of the organizations benefiting cluding the Children’s Hospital of magnificent Columbia River. This Act from the Good Neighbor program in- Philadelphia, Greater Philadelphia was recently signed into law by Presi- clude: Food Bank of Delaware, Contact Chamber of Commerce CEO Council for dent Bush on October 30, 2004. Delaware, AIDS Delaware, The United Growth, Pardee Resources Company, Chip has made such an impact on the Way and The Salvation Army. and QuikTrip Corporation. He has State of Oregon that the Oregon Busi- Wawa has made a tremendous dif- served as director for many organiza- ness magazine recently named him one ference in its efforts to raise funds to tions, including: Greater Philadelphia of Oregon’s top 50 Great Leaders. Well help eliminate Sudden Infant Death First, CoreStates Bank, N.A., Sheetz, known in his community for his role at Syndrome. SIDS, the unexplained Inc., Convenience Store, Foundation Fort Clatsop, Chip still finds time for death of an apparently healthy infant, for Education and Research, Globe involvement in other local organiza- is the leading cause of death in infants Ticket Company, Millville Savings & tions and efforts such as the Astoria between one month and one year of Loan Association, Overbrook School Children’s Museum. age. This deadly syndrome has im- for the Blind, The Home of the Merciful Mr. President, I offer my words of ap- pacted the lives of countless Delaware Savior, The Philadelphia City Insti- preciation for Chip Jenkins and his families. tute, Philadelphia Charity Ball, Inc.,

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.112 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11491 Crime Prevention Association, Upland and expertise Terry brought not only her elementary school. The next day, Country Day School, Board of Man- to the National Parks and Monuments she discovered she has been elected in agers of the Assemblies and Ludwig In- in this region, but equally important, absentia to serve as a local representa- stitute. Richard was also past Board to building and encouraging one of the tive of the Des Moines Education Asso- Chairman of the National Association finest, most professional teams of Fed- ciation. Some people are born leaders; of Convenience Stores, PQ Corporation, eral employees in the Nation. some people pursue leadership; and Riddle Memorial Hospital, and Gulph The legacy of Terry Carlstrom’s 41- some people have leadership thrust Mills Golf Club (past President). year career can be seen in our national upon them. That’s what happened to Richard Wood will be retiring as parks across the country and especially Angie King. But she embraced her new Wawa’s CEO at the end of 2004, and will here in the National Capital region but role and responsibilities with energy assume the position of Chairman of the it can also be seen in the people who and excellence. Board of Wawa Inc. I rise today to rec- have been fortunate enough to come to As an association representative, she ognize Richard Wood and thank him know him. He has earned the admira- became more interested in the world of for his compassion and leadership, and tion and respect of his colleagues in education beyond the four walls of her for the tremendous contributions he the National Park Service as well as own classroom. She became a tireless and the associates at Wawa have made the visitors to the parks he has worked activist, going on to serve as vice presi- to Delaware. I thank them for their to improve. It is my firm conviction dent of the Des Moines Education Asso- commitment to strengthening all the that public service is one of the most ciation, a charter member of the ISEA communities that they serve.∑ honorable callings, one that demands Women’s Caucus, an elected member of f unwavering dedication to the citizens ISEA’s executive committee, and, in and country they serve. Throughout 1985, chair of the ISEA Political Action TERRY R. CARLSTROM his career, Terry has exemplified this Committee. ∑ Mr. SARBANES. Mr. President, I pay commitment to his country and to his In 1990, Angie King was elected to tribute today to Terry R. Carlstrom, a fellow citizens. I want to extend my serve the first of two terms as presi- distinguished and respected steward of personal congratulations to Terry on dent of the Iowa State Education Asso- our Nation’s natural and cultural re- his very distinguished career and join ciation. She was one of a handful of sources. Terry is retiring after more with his friends and coworkers in wish- women in history to be elected ISEA than four decades of dedicated public ing him well in the years ahead.∑ president, and the first elementary service in the U.S. Department of the f school teacher to hold that office. Interior, including 8 years as Director In her farewell address at the conclu- of the National Park Service’s Na- TRIBUTE TO A DISTINGUISHED sion of her second term in 1994, Angie tional Capital Region. I want to extend IOWA EDUCATOR, ANGIE KING King shared one of her favorite quotes my personal congratulations and ∑ Mr. HARKIN. Mr. President, one of from Albert Camus: ‘‘In the midst of thanks for his many years of service the great joys of my job as Senator is winter I find there is in me an invin- and contributions to protecting and en- working closely with talented, dedi- cible summer.’’ ‘‘That simple state- hancing our national treasures. cated Iowans from all walks of life. I ment,’’ she told the ISEA Delegate As- Throughout his career, Terry has dis- take a moment to salute one of those sembly, ‘‘captures the very essence of tinguished himself for his leadership exceptional people, one of Iowa’s most who we are and what we do. In every and commitment to public service and distinguished public educators, Angie child there is an invincible summer. It to managing some of our Nation’s most King. is our responsibility to nurture it and precious natural and cultural re- Angie King has dedicated her life to to foster it. And in each one of us there sources. Beginning as a young forester children and public education, first as is, too, an invincible summer. It’s what at Bridger National Forest in Wyoming a classroom teacher, later as two-term keeps us going back day after day, year in the early 1960s, Terry also served in president of the 32,000-member Iowa after year, in the midst of sometimes the Bureau of Indian Affairs and the State Education Association, and, very cold and dreary conditions.’’ U.S. Fish and Wildlife Service before until her retirement this week, as a Since 1994, Angie King has served as joining the National Park Service in senior staff member of that Associa- the political action specialist for the 1972. He quickly advanced to positions tion. Iowa State Education Association. in senior management in the National The fact is that, as an educator-lead- With her retirement this week, she Park Service including Chief of Plan- er, Angie King speaks with a special concludes a distinguished career in ning for the Denver Service Center authority that can only come from dec- public education spanning three and a Western Team and the Alaska Regional ades of experience on the front line as half decades. Office, Associate Regional Director for a classroom teacher. For 21 years, she Angie King has made a real dif- Professional Services in the National taught elementary students in the Des ference as a dedicated teacher, leader, Capital Region and, most recently, as Moines public schools. Of all the titles and champion of public education. I Regional Director. Angie King has held in the course of know that she is looking forward to During his 22-year tenure in the Na- her career, she prizes none more highly spending time nurturing the garden she tional Capital Region, I had the oppor- than the simple title of ‘‘teacher.’’ has neglected while nurturing the chil- tunity to work closely with Terry and Angie King, as a teacher, leader and dren of Iowa. I am deeply grateful for members of his staff on a number of advocate is one reason why Iowa public her service, and I wish her all the best National Park initiatives in the State schools are among the most respected in the years ahead.∑ of Maryland and the broader Wash- and highest achieving in the United f ington metropolitan region including States. The marketplace claims that land acquisitions at Monocacy Battle- you get what you pay for. But in Iowa, THE PROJECT MANAGEMENT field, the renovation of the Baltimore- when it comes to teachers, we get far, INSTITUTE Washington Parkway, the restoration far better than we pay for. Despite ∑ Mr. TALENT. Mr. President, I rise of historic structures in the C&O Canal modest salaries, my state is blessed today to salute the members of the National Historical Park, at Fort with an extraordinary cadre of talented Metro St. Louis Chapter of the Project Washington, and the restoration and teachers. And most folks in Iowa know Management Institute, in celebration joint management of Glen Echo Park this and appreciate it. We hold our of the chapter’s 10th anniversary. in Montgomery County. Terry was also teachers in special esteem. And we’re The Metro St. Louis chapter of PMI responsible for the difficult task of grateful for the long hours—and the is dedicated to providing its members overseeing the construction and dedi- generous hearts that they bring to with services and forums to further the cation of the Franklin D. Roosevelt their jobs. field of project management within the Memorial, the Korean Veteran War Me- For many people, there is a defining St. Louis region. morial, and the World War II Memo- moment in their careers. For Angie Internationally, PMI supports over rial, among other monuments. I know King, that moment came one day in 125,000 members in 140 countries. PMI firsthand the extraordinary leadership 1972 when she missed a staff meeting at members practice and study project

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G18NO6.050 S18PT1 S11492 CONGRESSIONAL RECORD — SENATE November 18, 2004 management in many different indus- Paul Rohde, Daniel Lapke, and Pat- the Pentagon Reservation, and for try areas, including aerospace, auto- rick O’Connor are to be commended for other purposes. motive, business management, con- their vision, leadership, and introduc- The message also announced that the struction, engineering, financial serv- tion of the ancient Irish sport as well House agreed to the amendment of the ices, information technology, pharma- as the continued growth of Irish cul- Senate to the bill (H.R. 4516) to require ceuticals and telecommunications. ture to St. Louis. MO. Again, I wish to the Secretary of Energy to carry out a Over time, PMI has become, and con- congratulate the St. Louis Hurling program of research and development tinues to be, one of the leading profes- Club on their National Championship to advance high-end computing. sional associations in project manage- and wish them future success as they The message further announced that ment. PMI’s professional certification continue to evolve.∑ the House agreed to the amendment of of Project Management Professional, f the Senate to the bill (H.R. 4593) to es- or PMP, is highly respected across nu- tablish wilderness areas, promote con- merous industries. Professionals who MESSAGES FROM THE HOUSE servation, improve public land, and have earned this credential are recog- At 10:03 a.m., a message from the provide for the high quality develop- nized daily for their value-added con- House of Representatives, delivered by ment in Lincoln County, Nevada, and tributions to the organizations they Mr. Hays, one of its reading clerks, an- for other purposes. serve. nounced that the House passed the bill The message also announced that the The St. Louis chapter was founded on (S. 1301) to amend title 18, United House passed the following bills, with- October 14, 1994, as the 71st chapter of States Code, to prohibit video out amendment: PMI. At that time, the chapter had 24 voyeurism in the special maritime and S. 434. An act to authorize the Secretary of charter members. Today, the St. Louis territorial jurisdiction of the United Agriculture to sell or exchange all or part of chapter is recognized as one of the fast- States, and for other purposes, with an certain parcels of National Forest System est growing national chapters with amendment. land in the State of Idaho and use the pro- over 600 members, more than 100 of The message also announced that the ceeds derived from the sale or exchange for whom have become certified PMPs. House agreed to the amendment of the National Forest System purposes. Senate to the bill (H.R. 1113) to author- S. 437. An act to provide for adjustments to The chapter’s board members and vol- the Central Arizona Project in Arizona, to unteers host monthly dinner and edu- ize an exchange of land at Fort Fred- authorize the Gila River Indian Community cational meetings, and they provide erica National Monument, and for water rights settlement, to reauthorize and ongoing support for special events in- other purposes. amend the Southern Arizona Water Rights cluding national speaker presentations The message further announced that Settlement Act of 1982, and for other pur- and PMP certification workshops. the House agreed to the amendment of poses. The members of the St. Louis chap- the Senate to the bill (H.R. 1284) to S. 1146. An act to implement the rec- ter are working professionals from re- amend the Reclamation Projects Au- ommendations of the Garrison Unit Tribal thorization and Adjustment Act of 1992 Advisory Committee by providing authoriza- gional businesses that include Fortune tion for the construction of a rural health 500 companies, Federal, State and local to increase the Federal share of the care facility on the Fort Berthold Indian government agencies, as well as mid- costs of the San Gabriel Basin dem- Reservation, North Dakota. to-small size companies, start-ups and onstration project. S. 1241. An act to establish the Kate not-for-profits. Their efforts are impor- The message also announced that the Mullany National Historic Site in the State tant to the overall success of the re- House agreed to the amendment of the of New York, and for other purposes. gion. I am honored to share their ac- Senate to the bill (H.R. 1417) to amend S. 1466. An act to facilitate the transfer of complishments with my colleagues, title 17, United States Code, to replace land in the State of Alaska, and for other copyright arbitration royalty panels purposes. and I wish them all the best for the S. 1727. An act to authorize additional ap- future.∑ with Copyright Royalty Judges, and propriations for the Reclamation Safety of f for other purposes. Dams Act of 1978. The message further announced that S. 2042. An act for the relief of Rocco A. ST. LOUIS HURLING CLUB the House agreed to the amendment of Trescota of Fort Lauderdale, Florida. NATIONAL CHAMPIONS the Senate to the bill (H.R. 1446) to S. 2302. An act to improve access to physi- ∑ Mr. BOND. Mr. President, I wish to support the efforts of the California cians in medically underserved areas. pay special tribute to the St. Louis Missions Foundation to restore and re- S. 2484. An act to amend title 38, United Hurling Club on their National Cham- pair the Spanish colonial and mission- States Code, to simplify and improve pay provisions for physicians and dentists and to pionship of the North American Gaelic era missions in the State of California authorize alternate work schedules and exec- Athletic Association, Junior-C Division and to preserve the artworks and arti- utive pay for nurses, and for other purposes. on September 3, 2004. facts of these missions, and for other S. 2486. An act to amend title 38, United The St. Louis Hurling Club was purposes. States Code, to improve and enhance hous- founded in the Summer of 2002 by Paul The message further announced that ing, education, and other benefits under the C. Rohde, Daniel D. Lapke, and Patrick the House agreed to the amendment of laws administered by the Secretary of Vet- O’Connor. Their vision included intro- the Senate to the bill (H.R. 1964) to as- erans Affairs, and for other purposes. ducing the sport of hurling to the sist the States of Connecticut, New S. 2965. An act to amend the Livestock greater metropolitan area of St. Louis, Jersey, New York, and Pennsylvania in Mandatory Price Reporting Act of 1999 to modify the termination date for mandatory MO., creating opportunities to play the conserving priority lands and natural price reporting. sport, and developing strong St. Louis resources in the Highlands region, and The message further announced that representation in nationwide competi- for other purposes. the House agreed to the concurrent res- tion. The message further announced that olution (S. Con. Res. 145) to correct the In just 2 short years the St. Louis the House agreed to the amendment of enrollment of H.R. 1417, without Hurling Club has expanded to a four- the Senate to the bill (H.R. 3936) to amendment. team league, and has become the sec- amend title 38, United States Code, to ond-largest club of primarily Amer- authorize the principal office of the At 4:57 p.m., a message from the ican-born hurlers in North America. In United States Court of Appeals for Vet- House of Representatives, delivered by just the first year of existence, the erans Claims to be at any location in Mr. Hays, one of its reading clerks, an- Gaelic Athletic Association extended the Washington, D.C., metropolitan nounced that the House has passed the the rare invitation to the St. Louis area, rather than only in the District following bills and joint resolutions, in Hurling Club to join twenty-one other of Columbia, and expressing the sense which it requests the concurrence of cities to the North American County of Congress that a dedicated Veterans the Senate: Board. In September 2004, the St. Louis Courthouse and Justice Center should H.R. 5363. An act to authorize salary ad- Hurling Club traveled to Colorado and be provided for that Court and those it justments for Justices and judges of the returned with the National Champion- serves and should be located, if fea- United States for fiscal year 2005. ship by defeating clubs from Mil- sible, at a site owned by the United H.R. 5364. An act to designate the facility waukee and Seattle. States that is part of or proximate to of the United States Postal Service located

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.061 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11493 at 5505 Stevens Way in San Diego, California, EC–9815. A communication from the Dep- Policy, Department of Defense, transmit- as the ‘‘Earl B. Gilliam/Imperial Avenue uty Associate Administrator, Environmental ting, pursuant to law, the report of a rule en- Post Office Building’’. Protection Agency, transmitting, pursuant titled ‘‘Consolidation of Contract Require- H.J. Res. 111. Joint resolution appointing to law, the report of a rule entitled ‘‘Bacillus ments’’ (DFARS Case 2003–D109) received on the day for the convening of the first session Pumilus Strain QST 2808; Exemption from October 14, 2004; to the Committee on Armed of the One Hundred Ninth Congress. the Requirement of a Tolerance’’ (FRL#7684– Services. The message also announced that the 4) received on November 4, 2004; to the Com- EC–9827. A communication from the Chief mittee on Agriculture, Nutrition, and For- of Naval Personnel, Department of the Navy, House has agreed to the following con- estry. transmitting, pursuant to law, the report of current resolution, in which it requests EC–9816. A communication from the Dep- the notification of a decision to convert to the concurrence of the Senate: uty Associate Administrator, Environmental contractor performance a function of the De- H. Con. Res. 430. Concurrent resolution rec- Protection Agency, transmitting, pursuant partment of Defense performed by 290 DoD ognizing the importance of early diagnosis, to law, the report of a rule entitled civilian employees; to the Committee on proper treatment, and enhanced public ‘‘Deltamethrin; Pesticide Tolerance’’ Armed Services. awareness of Tourette Syndrome and sup- (FRL#7683–5) received on November 4, 2004; EC–9828. A communication from the Direc- porting the goals and ideals of National to the Committee on Agriculture, Nutrition, tor for Administration and Management, Of- Tourette Syndrome Awareness Month. and Forestry. fice of the Secretary of Defense, transmit- EC–9817. A communication from the Dep- ting, pursuant to law, a report relative to f uty Associate Administrator, Environmental the cost for planning, design, construction, EXECUTIVE AND OTHER Protection Agency, transmitting, pursuant and installation for the renovation of Wedges to law, the report of a rule entitled COMMUNICATIONS 2 through 5 of the Pentagon; to the Com- ‘‘Pyraclostrobin; Pesticide Tolerances’’ mittee on Armed Services. The following communications were (FRL#7681–9) received on November 4, 2004; EC–9829. A communication from the Acting laid before the Senate, together with to the Committee on Agriculture, Nutrition, Under Secretary of Defense, transmitting, accompanying papers, reports, and doc- and Forestry. pursuant to law, a report relative to pur- EC–9818. A communication from the Dep- chases from foreign entities in Fiscal Year uments, and were referred as indicated: uty Associate Administrator, Environmental EC–9807. A communication from the Under 2003; to the Committee on Armed Services. Protection Agency, transmitting, pursuant EC–9830. A communication from the Sec- Secretary of Defense, Comptroller, Depart- to law, the report of a rule entitled retary of Defense, transmitting, pursuant to ment of Defense, transmitting, pursuant to ‘‘Thifensulfuron-methyl; Tolerance Actions’’ law, the report of a retirement; to the Com- law, the report of a violation of the (FRL#7683–2) received on November 4, 2004; mittee on Armed Services. Antideficiency Act, case number 03–05, rel- to the Committee on Agriculture, Nutrition, EC–9831. A communication from the Prin- ative to the U.S. Army Depot Support Activ- and Forestry. cipal Deputy for Personnel and Readiness, ity-Far East, Seoul, Korea; to the Com- EC–9819. A communication from the Sec- Office of the Under Secretary of Defense, mittee on Appropriations. retary of Agriculture, transmitting, pursu- transmitting, pursuant to law, a report of EC–9808. A communication from the Under ant to law, a report relative to resource the authorization to wear the insignia of Secretary of Defense, Comptroller, Depart- management of a contract a private con- brigadier general; to the Committee on ment of Defense, transmitting, pursuant to tractor to manage activities on Federal Armed Services. lands within the Stanislaus National Forest; law, the report of a violation of the EC–9832. A communication from the Under to the Committee on Agriculture, Nutrition, Antideficiency Act, case number 98–05, rel- Secretary of Defense for Personnel and Read- ative to the United States Property and Fis- and Forestry. EC–9820. A communication from the Direc- iness, Department of Defense, transmitting, cal Office for Colorado; to the Committee on the report of a retirement; to the Committee Appropriations. tor, Defense Procurement and Acquisition Policy, Department of Defense, transmit- on Armed Services. EC–9809. A communication from the Under EC–9833. A communication from the Prin- ting, pursuant to law, the report of a rule en- Secretary of Defense, Comptroller, Depart- cipal Deputy for Personnel and Readiness, ment of Defense, transmitting, pursuant to titled ‘‘Quality Control of Aviation Critical Safety Items and Related Services’’ (DFARS Office of the Under Secretary of Defense, De- law, the report of a violation of the partment of Defense, transmitting, pursuant Antideficiency Act, case number 03–02, rel- Case 2003–D101) received on October 14, 2004; to the Committee on Armed Services. to law, the approval to wear the insignia of ative to 2000 Operation and Maintenance, lieutenant general; to the Committee on Navy appropriation; to the Committee on EC–9821. A communication from the Direc- tor, Defense Procurement and Acquisition Armed Services. Appropriations. EC–9834. A communication from the Assist- EC–9810. A communication from the Direc- Policy, Department of Defense, transmit- ting, pursuant to law, the report of a rule en- ant Secretary of Defense for Health Affairs, tor, Office of Management and Budget, Exec- Department of Defense, transmitting, pursu- utive Office of the President, transmitting, titled ‘‘Indian Incentive Program’’ (DFARS Case 2002–D033) received on October 14, 2004; ant to law, a report of the Findings and Rec- pursuant to law, a supplemental update of to the Committee on Armed Services. ommendations from the Department of De- the Budget; referred jointly to the Commit- EC–9822. A communication from the Direc- fense and the Department of Veterans’ Af- tees on Appropriations and the Budget. tor, Defense Procurement and Acquisition fairs; to the Committee on Armed Services. EC–9811. A communication from the Sec- Policy, Department of Defense, transmit- EC–9835. A communication from the Prin- retary of Agriculture, transmitting, a draft ting, pursuant to law, the report of a rule en- cipal Deputy for Personnel and Readiness, of proposed legislation entitled ‘‘Forest titled ‘‘Berry Amendment Changes’’ (DFARS Office of the Under Secretary of Defense, De- Service and Community Partnership En- Case 2003–D099) received on October 14, 2004; partment of Defense, transmitting, pursuant hancement Act’’; to the Committee on Agri- to the Committee on Armed Services. to law, a report of the authorization to wear culture, Nutrition, and Forestry. EC–9823. A communication from the Direc- the insignia of the grade of rear admiral EC–9812. A communication from the Sec- tor, Defense Procurement and Acquisition (lower half); to the Committee on Armed retary of Agriculture, transmitting, a draft Policy, Department of Defense, transmit- Services. of proposed legislation ‘‘to establish a sys- ting, pursuant to law, the report of a rule en- EC–9836. A communication from the Prin- tem for withholding or disclosing informa- titled ‘‘Definition of Terrorist Country’’ cipal Deputy for Personnel and Readiness, tion obtained through the animal identifica- (DFARS Case 2003–D098) received on October Office of the Under Secretary of Defense, De- tion system established by the Secretary, 14, 2004; to the Committee on Armed Serv- partment of Defense, transmitting, pursuant and for other purposes’’; to the Committee ices. to law, a report of the authorization to wear on Agriculture, Nutrition, and Forestry. EC–9824. A communication from the Direc- the insignia of the grade of vice admiral; to EC–9813. A communication from the Con- tor, Defense Procurement and Acquisition the Committee on Armed Services. gressional Review Coordinator, Animal and Policy, Department of Defense, transmit- EC–9837. A communication from the Direc- Plant Health Inspection Service, Department ting, pursuant to law, the report of a rule en- tor, Defense Procurement and Acquisition of Agriculture, transmitting, pursuant to titled ‘‘Acquisition Plans—Corrosion Pre- Policy, Department of Defense, transmit- law, the report of a rule entitled ‘‘Pine Shoot vision and Mitigation’’ (DFARS Case 2004– ting, pursuant to law, the report of a rule en- Beetle Hose Material from Canada’’ (Doc. No. D004) received on October 14, 2004; to the titled ‘‘Extension of Partnership Agree- 00–073–2) received on October 25, 2004; to the Committee on Armed Services. ment—8(a) Program’’ (DFARS Case 2004– Committee on Agriculture, Nutrition, and EC–9825. A communication from the Direc- D015) received on October 26, 2004; to the Forestry. tor, Defense Procurement and Acquisition Committee on Armed Services. EC–9814. A communication from the Con- Policy, Department of Defense, transmit- EC–9838. A communication from the Acting gressional Review Coordinator, Animal and ting, pursuant to law, the report of a rule en- Under Secretary of Defense for Acquisition, Plant Health Inspection Service, Department titled ‘‘Personal Services Contracts’’ Technology, and Logistics, transmitting, of Agriculture, transmitting, pursuant to (DFARS Case 2003–D103) received on October pursuant to law, the government-wide law, the report of a rule entitled ‘‘Bees and 14, 2004; to the Committee on Armed Serv- progress report and the DoD supplement re- Related Articles’’ (Doc. No. 98–109–2) received ices. quired by the Federal Financial Assistance on October 25, 2004; to the Committee on Ag- EC–9826. A communication from the Direc- Management Improvement Act; to the Com- riculture, Nutrition, and Forestry. tor, Defense Procurement and Acquisition mittee on Armed Services.

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.007 S18PT1 S11494 CONGRESSIONAL RECORD — SENATE November 18, 2004 EC–9839. A communication from the Assist- Treasury , transmitting, pursuant to law, agement Agency, transmitting, pursuant to ant Director for Executive and Political Per- the report of a rule entitled ‘‘Endorsement law, the report of a rule entitled ‘‘Suspen- sonnel, Department of Defense, transmit- and Payment of Checks Drawn on the United sion of Community Eligibility; 69 FR 53835’’ ting, pursuant to law, the report of the dis- States Treasury’’ (RIN1510-AA99) received on (44 CFR 64) received on October 14, 2004; to continuation of service in acting role for the October 13, 2004; to the Committee on Bank- the Committee on Banking, Housing, and position of Deputy Under Secretary of De- ing, Housing, and Urban Affairs. Urban Affairs. fense for Logistics and Materiel Readiness, EC–9850. A communication from the Dep- EC–9861. A communication from the Chair- Department of Defense, received on October uty General Counsel for Equal Opportunity man, Federal Housing Finance Board, trans- 26, 2004; to the Committee on Armed Serv- and Administrative Law, Department of mitting, pursuant to law, transmitting, pur- ices. Housing and Urban Development, transmit- suant to law, the Board’s strategic plan for EC–9840. A communication from the Assist- ting, pursuant to law, the report of a nomi- fiscal years 2003 through 2008, the Board’s an- ant Director for Executive and Political Per- nation for the position of Assistant Sec- nual performance plan for fiscal year 2004, sonnel, Department of Defense, transmit- retary for Community Development, Depart- and the Board’s annual performance budget ting, pursuant to law, the report of a nomi- ment of Housing and Urban Development, re- for fiscal year 2005; to the Committee on nation for the position of Deputy Under Sec- ceived on October 14, 2004; to the Committee Banking, Housing, and Urban Affairs. retary of Defense for Logistics and Materiel on Banking, Housing, and Urban Affairs. EC–9862. A communication from the Chief Readiness, Department of Defense, received EC–9851. A communication from the Dep- Financial Officer and Assistant Secretary for on October 26 , 2004; to the Committee on uty General Counsel for Equal Opportunity Administration, Department of Commerce, Armed Services. and Administrative Law, Department of transmitting, pursuant to law, the Depart- EC–9841. A communication from the Assist- Housing and Urban Development, transmit- ment’s Annual Progress Report to Congress; ant Director for Executive and Political Per- ting, pursuant to law, the report of a nomi- to the Committee on Commerce, Science, sonnel, Department of Defense, transmit- nation confirmed for the position of Asso- and Transportation. ting, pursuant to law, the report of a nomi- ciate General Counsel for Human Resources EC–9863. A communication from the Attor- nation rejected, withdrawn, or returned for Law, Department of Housing and Urban De- ney Advisor, Maritime Administration, De- the position of Under Secretary of Defense velopment, received on October 14, 2004; to partment of Transportation, transmitting, for Logistics and Material Readiness, De- the Committee on Banking, Housing, and pursuant to law, the report of a rule entitled partment of Defense, received on October 26, Urban Affairs. ‘‘Amended Service Obligation Reporting Re- EC–9852. A communication from the Dep- 2004; to the Committee on Armed Services. quirements for State Maritime Academy EC–9842. A communication from the Assist- uty Secretary of the Treasury, transmitting, Graduates’’ (RIN2133-AB61) received on Octo- ant Director for Executive and Political Per- pursuant to law, a report on the national ber 18, 2004; to the Committee on Commerce, sonnel, Department of Defense, transmit- emergency declared in Executive Order 12978 Science, and Transportation. ting, pursuant to law, the report of a nomi- with respect to significant narcotics traf- EC–9864. A communication from the Attor- nation for the position of Assistant Sec- fickers centered in Colombia; to the Com- ney Advisor, Maritime Administration, De- mittee on Banking, Housing, and Urban Af- retary of the Navy for Financial Manage- partment of Transportation, transmitting, fairs. ment and Comptroller, Department of De- pursuant to law, the report of a rule entitled EC–9853. A communication from the Dep- ‘‘Electronic Options for Transmitting Cer- fense, received on October 26, 2004; to the uty Secretary of the Treasury, transmitting, tain Information Collection Responses to Committee on Armed Services. pursuant to law, a report on the national EC–9843. A communication from the Assist- MARAD’’ (RIN2133-AB64) received on Octo- emergency declared in Executive Order 13067 ant Director for Executive and Political Per- ber 18, 2004; to the Committee on Commerce, with respect to Sudan ; to the Committee on sonnel, Department of Defense, transmit- Science, and Transportation. Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a nomi- EC–9854. A communication from the Chair- EC–9865. A communication from the Attor- nation for the position of Secretary of the man and President, Export-Import Bank of ney Advisor, Maritime Administration, De- Army, Department of Defense, received on the United States, transmitting, pursuant to partment of Transportation, transmitting, October 26, 2004; to the Committee on Armed law, the report of a transaction involving pursuant to law, the report of a rule entitled Services. U.S. exports to Malaysia; to the Committee ‘‘Amended Service Obligation Reporting Re- EC–9844. A communication from the Assist- on Banking, Housing, and Urban Affairs . quirements for U.S. Merchant Marine Acad- ant Director for Executive and Political Per- EC–9855. A communication from the Acting emy Graduates’’ (RIN2133-AB66) received on sonnel, Department of Defense, transmit- General Counsel, Federal Emergency Man- October 18, 2004; to the Committee on Com- ting, pursuant to law, the report of a nomi- agement Agency, transmitting, pursuant to merce, Science, and Transportation. nation for the position of Assistant Sec- law, the report of a rule entitled ‘‘Changes in EC–9866. A communication from the Senior retary of the Navy for Installations and En- Flood Elevation Determinations; 69 FR Attorney, Research and Special Programs vironment, Department of Defense, received 51380’’ (44 CFR 65) received on October 14, Administration, Department of Transpor- on October 26, 2004; to the Committee on 2004; to the Committee on Banking, Housing, tation, transmitting, pursuant to law, the re- Armed Services. and Urban Affairs. port of a rule entitled ‘‘Hazardous Materials; EC–9845. A communication from the Assist- EC–9856. A communication from the Acting Compatibility with the Regulations of the ant Director for Executive and Political Per- General Counsel, Federal Emergency Man- International Atomic Energy Agency; Cor- sonnel, Department of Defense, transmit- agement Agency, transmitting, pursuant to rection; Final Rule’’ (RIN2137-AD40) received ting, pursuant to law, the report of a va- law, the report of a rule entitled ‘‘Changes in on October 18, 2004; to the Committee on cancy for the position of General Counsel, Flood Elevation Determinations; 69 FR Commerce, Science, and Transportation. Department of the Army, Department of De- 51375’’ (44 CFR 65) received on October 14, EC–9867. A communication from the Sec- fense, received on October 26, 2004; to the 2004; to the Committee on Banking, Housing, retary of the Commission, East Central Re- Committee on Armed Services. and Urban Affairs. gion, Federal Trade Commission, transmit- EC–9846. A communication from the Assist- EC–9857. A communication from the Acting ting, pursuant to law, the report of a rule en- ant Director for Executive and Political Per- General Counsel, Federal Emergency Man- titled ‘‘Tire Advertising and Labeling sonnel, Department of Defense, transmit- agement Agency, transmitting, pursuant to Guides’’ received on October 14, 2004; to the ting, pursuant to law, the report of a nomi- law, the report of a rule entitled ‘‘Changes in Committee on Commerce, Science, and nation confirmed for the position of Under Flood Elevation Determinations; 69 FR Transportation. Secretary of the Navy, Department of De- 51373’’ (44 CFR 65) received on October 14, EC–9868. A communication from the Sec- fense, received on October 26, 2004; to the 2004; to the Committee on Banking, Housing, retary of Energy, transmitting, pursuant to Committee on Armed Services. and Urban Affairs. law, a report relative to the status of Exxon EC–9847. A communication from the Acting EC–9858. A communication from the Acting and Stripper Well oil overcharge funds; to Under Secretary of Defense for Acquisition, General Counsel, Federal Emergency Man- the Committee on Energy and Natural Re- Technology, and Logistics, Department of agement Agency, transmitting, pursuant to sources. Defense, transmitting, pursuant to law, a re- law, the report of a rule entitled ‘‘Final EC–9869. A communication from the Fed- port entitled ‘‘Department of Defense Fiscal Flood Elevation Determinations; 69 FR eral Register Liaison Officer, Office of Sur- Year 2003 Environmental Quality Program 51388’’ (44 CFR 67) received on October 14, face Mining, Department of the Interior, Annual Report″; to the Committee on Armed 2004; to the Committee on Banking, Housing, transmitting, pursuant to law, the report of Services. and Urban Affairs. a rule entitled ‘‘Coal Production Fees’’ EC–9848. A communication from the Prin- EC–9859. A communication from the Acting (RIN1029–AC46) received on October 13, 2004; cipal Deputy for Personnel and Readiness, General Counsel, Federal Emergency Man- to the Committee on Energy and Natural Re- Office of the Under Secretary of Defense for agement Agency, transmitting, pursuant to sources. Personnel and Readiness, transmitting, pur- law, the report of a rule entitled ‘‘Final EC–9870. A communication from the Assist- suant to law, a report of the approval to Flood Elevation Determinations; 69 FR ant Secretary for Fish, Wildlife, and Parks, wear the insignia of brigadier general; to the 51382’’ (44 CFR 67) received on October 14, Fish and Wildlife Service, Department of the Committee on Armed Services. 2004; to the Committee on Banking, Housing, Interior, transmitting, pursuant to law, the EC–9849. A communication from the Fed- and Urban Affairs. report of a rule entitled ‘‘Endangered and eral Register Certifying Officer, Financial EC–9860. A communication from the Acting Threatened Wildlife and Plants; Designation Management Service, Department of the General Counsel, Federal Emergency Man- of Critical Habitat for the Mariana Fruit Bat

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.010 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11495 and Guam Micronesian Kingfisher on Guam EC–9881. A communication from the Acting ment Under Titles II , VIII, and XVI of the and the Mariana Crow on Guam and in the Chief, Publications and Regulations Branch, Social Security Act’’ (RIN0960–AF83) re- Commonwealth of the Northern Mariana Is- Internal Revenue Service, transmitting, pur- ceived on October 26, 2004; to the Committee lands’’ (RIN1018–AI25) received on October 13, suant to law, the report of a rule entitled on Finance. 2004; to the Committee on Environment and ‘‘Applicable Federal Rates—November 2004’’ EC–9893. A communication from the Assist- Public Works. (Rev. Rul. 2004–102) received on October 22, ant Secretary for Legislative Affairs, De- EC–9871. A communication from the Assist- 2004; to the Committee on Finance. partment of State, transmitting, pursuant to ant Secretary for Fish, Wildlife, and Parks, EC–9882. A communication from the Acting law, the report of a rule entitled ‘‘Schedule Fish and Wildlife Service, Department of the Chief, Publications and Regulations Branch, of Fees for Consular Services, Department of Interior, transmitting, pursuant to law, the Internal Revenue Service, transmitting, pur- State and Overseas Embassies and Con- report of a rule entitled ‘‘Endangered and suant to law, the report of a rule entitled sulates’’ (RIN1400–AB94) received on October Threatened Wildlife and Plants; Interim ‘‘Appeals Settlement Guidelines: Inter- 13, 2004; to the Committee on Foreign Rela- Rule for the Beluga Sturgeon (Huso buso)’’ mediary Transactions Tax Shelters’’ tions. (RIN1018–AU02) received on October 13, 2004; (UIL:9300.16–00) received on October 22, 2004; EC–9894. A communication from the Assist- to the Committee on Environment and Pub- to the Committee on Finance. ant Legal Adviser for Treaty Affairs, Depart- lic Works. EC–9883. A communication from the Acting ment of State, transmitting, pursuant to EC–9872. A communication from the Direc- Chief, Publications and Regulations Branch, law, the report of the texts and background tor of Congressional Affairs, Office of Gen- Internal Revenue Service, transmitting, pur- statements of international agreements, eral Counsel, Nuclear Regulatory Commis- suant to law, the report of a rule entitled other than treaties; to the Committee on sion, transmitting, pursuant to law, the re- ‘‘Coordinated Issue: Notice 2002–21 Tax Shel- Foreign Relations. port of a rule entitled ‘‘Adjustment of Civil ter’’ (UIL9300.19.00) received on October 22, EC–9895. A communication from the Assist- Penalties for Inflation and Accompany Revi- 2004; to the Committee on Finance. ant Legal Adviser for Treaty Affairs, Depart- sions to NRC Enforcement Policy’’ (RIN3150– EC–9884. A communication from the Acting ment of State, transmitting, pursuant to AH55) received on October 26, 2004; to the Chief, Publications and Regulations Branch, law, the report of the texts and background Committee on Environment and Public Internal Revenue Service, transmitting, pur- statements of international agreements, Works. suant to law, the report of a rule entitled other than treaties; to the Committee on EC–9873. A communication from the Chair- ‘‘Bureau of Labor Statistics Price Indexes Foreign Relations. man, Nuclear Regulatory Commission, trans- for Department Stores—August 2004’’ (Rev. EC–9896. A communication from the Direc- mitting, pursuant to law, a report on the sta- Rul. 2004–101) received on October 22, 2004; to tor, Strategic Human Resources Policy, Of- tus of the Commission’s licensing and regu- the Committee on Finance. fice of, transmitting, pursuant to law, the re- latory duties; to the Committee on Environ- EC–9885. A communication from the Acting port of a rule entitled ‘‘Cost-of-Living Allow- ment and Public Works. Chief, Publications and Regulations Branch, ances (Nonforeign Areas); Methodology EC–9874. A communication from the Acting Internal Revenue Service, transmitting, pur- Changes’’ (RIN3206–AK29) received on Octo- General Counsel, Federal Emergency Man- suant to law, the report of a rule entitled ber 25, 2004; to the Committee on Govern- agement Agency, transmitting, pursuant to ‘‘Information Reporting and Other Guidance mental Affairs. law, the report of a rule entitled ‘‘Hazard Distributions with Respect to Securities EC–9897. A communication from the Direc- Mitigation Planning and Hazard Mitigation Issued by Foreign Corporations’’ (Notice tor, Trade and Development Agency, trans- Grant Program’’ (RIN1660–AA17) received on 2004–71) received on October 22, 2004; to the mitting, pursuant to law, the Agency’s re- October 14, 2004; to the Committee on Envi- Committee on Finance. port of the Office of Inspector General for ronment and Public Works. Fiscal Year 2004; to the Committee on Gov- EC–9875. A communication from the Acting EC–9886. A communication from the Acting Chief, Publications and Regulations Branch, ernmental Affairs. Director, Customs and Border Protection, EC–9898. A communication from the Chair- Department of Homeland Security, transmit- Internal Revenue Service, transmitting, pur- suant to law, the report of a rule entitled man, Office of General Counsel, Federal ting, pursuant to law, the report of a rule en- Election Commission, transmitting, pursu- titled ‘‘Prototypes Used Solely for Product ‘‘Information Reporting Under Section 6050P for Discharges of Indebtedness’’ (RIN1545– ant to law, the report of a rule entitled ‘‘Co- Development, Testing, Evaluation, or Qual- ordinated and Independent Expenditures by ity Control Purposes’’ (RIN1505–AB32) re- AY35) received on October 22, 2004; to the Committee on Finance. Party Committees’’ received on November 4, ceived on November 4, 2004; to the Com- 2004; to the Committee on Rules and Admin- mittee on Finance. EC–9887. A communication from the Acting Chief, Publications and Regulations Branch, istration. EC–9876. A communication from the Sec- EC–9899. A communication from the Chair- retary of the Treasury, Department of the Internal Revenue Service, transmitting, pur- suant to law, the report of a rule entitled man, Office of General Counsel, Federal Treasury, transmitting, pursuant to law, a Election Commission, transmitting, pursu- report relative to trade and investment op- ‘‘Update of Revenue Ruling 96063 901(j) List’’ (Rev. Rul. 2004–103) received on October 22, ant to law, the report of a rule entitled ‘‘Co- portunities in Libya; to the Committee on ordinated and Independent Expenditures by Finance. 2004; to the Committee on Finance. EC–9888. A communication from the Acting Party Committees’’ received on November 4, EC–9877. A communication from the Regu- 2004; to the Committee on Rules and Admin- lations Coordinator, Centers for Medicare Chief, Publications and Regulations Branch, Internal Revenue Service, transmitting, pur- istration. and Medicaid Services, Department of EC–9900. A communication from the Acting suant to law, the report of a rule entitled Health and Human Services, transmitting, Under Secretary for Health, Veterans’ ‘‘October–December 2004 Bond Factor pursuant to law, the report of a rule entitled Health Administration, Department of Vet- Amounts’’ (Rev. Rule 2004–100) received on ‘‘Medicare Program; Home Health Prospec- erans’ Affairs, transmitting, pursuant to October 22, 2004; to the Committee on Fi- tive Payment System Rate Update for Cal- law, a report entitled ‘‘VA Research: Serving nance. endar Year 2005’’ (RIN0938–AM93) received on Our Nations’ Veterans’’; to the Committee October 26, 2004; to the Committee on Fi- EC–9889. A communication from the Acting Chief, Publications and Regulations Branch, on Veterans’ Affairs. nance. EC–9901. A communication from the Office EC–9878. A communication from the Acting Internal Revenue Service, transmitting, pur- of Registration Policy and Management, Chief, Publications and Regulations Branch, suant to law, the report of a rule entitled Veterans’ Benefits Administration, Depart- Internal Revenue Service, transmitting, pur- ‘‘Section 1397E—Allocation of National Lim- ment of Veterans’ Affairs, transmitting, pur- suant to law, the report of a rule entitled itation for Qualified Zone Academy Bonds suant to law, the report of a rule entitled ‘‘Treatment as Qualified Dividend Income for Year 2004’’ (Rev. Proc. 2004–61) received ‘‘Presumptions of Service Connection for for Purposes of Section 1(h)(11)’’ (Notice on October 22, 2004; to the Committee on Fi- Diseases Associated with Service Involving 2004–70) received on October 22, 2004; to the nance. Detention or Internment as a Prisoner of Committee on Finance. EC–9890. A communication from the Acting War’’ (RIN2900–AM09) received on October 26, EC–9879. A communication from the Acting Chief, Publications and Regulations Branch, 2004; to the Committee on Veterans’ Affairs. Chief, Publications and Regulations Branch, Internal Revenue Service, transmitting, pur- Internal Revenue Service, transmitting, pur- suant to law, the report of a rule entitled f suant to law, the report of a rule entitled ‘‘Classification of Certain Foreign Entities’’ REPORTS OF COMMITTEES ‘‘2004 Base Period T-Bill Rate’’ (Rev. Rul. (Notice 2004–68) received on October 22, 2004; 2004–99) received on October 22, 2004; to the to the Committee on Finance. The following reports of committees Committee on Finance. EC–9891. A communication from the United were submitted: EC–9880. A communication from the Acting States Trade Representative, Executive Of- By Ms. COLLINS, from the Committee on Chief, Publications and Regulations Branch, fice of the President, transmitting, pursuant Governmental Affairs, with an amendment: Internal Revenue Service, transmitting, pur- to law, a report relative to the United S. 346. A bill to amend the Office of Federal suant to law, the report of a rule entitled States-Bahrain Free Trade Agreement; to Procurement Policy Act to establish a gov- ‘‘Coordinated Issues: Transfer of Sale of the Committee on Finance. ernmentwide policy requiring competition in Compensatory Options or Restricted Stock EC–9892. A communication from the Regu- certain executive agency procurements to Related Persons’’ (UIL:9300.28–00) received lations Officer, Social Security Administra- (Rept. No. 108–415). on October 22, 2004; to the Committee on Fi- tion, transmitting, pursuant to law, the re- By Mr. BENNETT, from the Joint Eco- nance. port of a rule entitled ‘‘Representative Pay- nomic Committee:

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.012 S18PT1 S11496 CONGRESSIONAL RECORD — SENATE November 18, 2004 Special Report entitled ‘‘The 2004 Joint S. 3007. A bill to require the Secretary of viduals who are not Federal employees, Economic Report’’ (Rept. No. 108–416). the Treasury to mint coins in commemora- and for other purposes. tion of the founding of America’s National f S. 2395 Parks, and for other purposes; to the Com- At the request of Mr. CONRAD, the INTRODUCTION OF BILLS AND mittee on Banking, Housing, and Urban Af- JOINT RESOLUTIONS fairs. names of the Senator from Mississippi (Mr. COCHRAN), the Senator from Okla- The following bills and joint resolu- f homa (Mr. INHOFE), the Senator from tions were introduced, read the first SUBMISSION OF CONCURRENT AND Louisiana (Ms. LANDRIEU) and the Sen- and second times by unanimous con- SENATE RESOLUTIONS ator from Colorado (Mr. CAMPBELL) sent, and referred as indicated: were added as cosponsors of S. 2395, a By Mr. SCHUMER (for himself, Mr. The following concurrent resolutions and Senate resolutions were read, and bill to require the Secretary of the BIDEN, and Mr. DURBIN): Treasury to mint coins in commemora- S. 2995. A bill to permanently extend the referred (or acted upon), as indicated: income tax deduction for college tuition ex- tion of the centenary of the bestowal of By Mr. INHOFE: the Nobel Peace Prize on President penses; to the Committee on Finance. S. Res. 470. A resolution honoring the life By Mr. SCHUMER: of astronaut Leroy Gordon Cooper, Jr; con- Theodore Roosevelt, and for other pur- S. 2996. A bill to provide for an additional sidered and agreed to. poses. place of holding court in the northern dis- By Mr. DURBIN: S. 2433 trict of New York, and for other purposes; to S. Res. 471. A resolution authorizing the At the request of Mr. BINGAMAN, the the Committee on the Judiciary. printing of tributes and other related mate- name of the Senator from Utah (Mr. By Mr. INHOFE: rials in honor of the late Senator Paul HATCH) was added as a cosponsor of S. S. 2997. A bill to amend section 1928 of the Simon; considered and agreed to. Social Security Act to encourage the produc- 2433, a bill to amend the Internal Rev- By Mr. MCCAIN (for himself, Mr. enue Code of 1986 to allow self-em- tion of influenza vaccines by eliminating the LUGAR, Mr. LIEBERMAN, Mr. BIDEN, price cap applicable to the purchase of such and Mr. HAGEL): ployed individuals to deduct health in- vaccines under contracts entered into by the S. Res. 472. A resolution to honor the peo- surance costs in computing self-em- Secretary of Health and Human Services, to ple of Georgia on the first anniversary of the ployment taxes. amend the Internal Revenue Code of 1986 to Rose Revolution; considered and agreed to. S. 2553 establish a tax credit to encourage vaccine By Mr. MCCAIN (for himself, Mr. At the request of Mr. DODD, the name production capacity, and for other purposes; LUGAR, Mr. SMITH, Mr. LIEBERMAN, of the Senator from Mississippi (Mr. to the Committee on Finance. Mr. GRAHAM of South Carolina, Mr. By Mr. INHOFE: COCHRAN) was added as a cosponsor of HAGEL, and Mr. BIDEN): S. 2553, a bill to amend title XVIII of S. 2998. A bill to promote the development S. Res. 473. A resolution urging the Gov- of the emerging commercial human space ernment of Ukraine to ensure a democratic, the Social Security Act to provide for flight industry, and for other purposes; to transparent, and fair election process for the coverage of screening ultrasound for the Committee on Commerce, Science, and Presidential run-off election on November 21, abdominal aortic aneurysms under part Transportation. 2004; considered and agreed to. B of the medicare program. By Mr. HATCH: By Mr. NELSON of Florida: S. 2568 S. 2999. A bill for the relief of Heilit Mar- S. Con. Res. 147. A concurrent resolution tinez; to the Committee on the Judiciary. At the request of Mr. BIDEN, the expressing the sense of Congress that the De- names of the Senator from Hawaii (Mr. By Mr. COLEMAN (for himself and Mr. partment of Defense should continue to exer- EINGOLD): AKAKA), the Senator from Tennessee F cise its statutory authority to support the S. 3000. A bill to postpone the extension of activities of the Boy Scouts of America, in (Mr. ALEXANDER), the Senator from normal trade relations to the products of particular the periodic national and world Colorado (Mr. ALLARD), the Senator Laos; to the Committee on Finance. Boy Scout Jamborees; to the Committee on from Minnesota (Mr. COLEMAN), the By Mr. TALENT: Senator from Texas (Mr. CORNYN), the S. 3001. A bill entitled the ‘‘Hybrid HOV Armed Services. Access Act’’; to the Committee on Environ- By Mr. BINGAMAN: Senator from Minnesota (Mr. DAYTON), ment and Public Works. S. Con. Res. 148. A concurrent resolution the Senator from Nebraska (Mr. honoring the life and contribution of Yogi By Mr. BOND (for himself and Mr. KEN- HAGEL), the Senator from Washington Bhajan, a leader of the Sikhs, and expressing NEDY): (Mrs. MURRAY), the Senator from Ne- condolences to the Sikh community on his S. 3002. A bill to amend title 10, United braska (Mr. NELSON), the Senator from States Code, to direct the Secretary of De- passing; to the Committee on the Judiciary. By Mr. HOLLINGS (for himself, Mr. Florida (Mr. NELSON), the Senator from fense to carry out a program to provide a Oregon (Mr. SMITH) and the Senator support system for members of the Armed NELSON of Florida, Mr. LOTT, and Mr. from New Hampshire (Mr. SUNUNU) Forces who incur severe disabilities; to the BREAUX): Committee on Armed Services. S. Con. Res. 149. A concurrent resolution were added as cosponsors of S. 2568, a commending the National Oceanic and At- By Mr. REID (for himself and Mr. EN- bill to require the Secretary of the mospheric Administration and its employees SIGN): Treasury to mint coins in commemora- S. 3003. A bill to direct the Secretary of the for its dedication and hard work during Hur- tion of the tercentenary of the birth of Interior to convey to the City of Henderson, ricanes Charley, Frances, Ivan, and Jeanne; Benjamin Franklin, and for other pur- Nevada, certain Federal land located in the considered and agreed to. poses. City, and for other purposes; to the Com- f S. 2613 mittee on Energy and Natural Resources. At the request of Mr. DURBIN, the By Mr. ROCKEFELLER: ADDITIONAL COSPONSORS name of the Senator from Arkansas S. 3004. A bill to amend chapter 99 of the S. 282 Internal Revenue Code of 1986 to clarify that (Mrs. LINCOLN) was added as a cospon- At the request of Ms. SNOWE, the certain coal industry health benefits may sor of S. 2613, a bill to amend the Pub- not be modified or terminated; to the Com- names of the Senator from Washington lic Health Service Act to establish a mittee on Finance. (Mrs. MURRAY) and the Senator from scholarship and loan repayment pro- By Ms. STABENOW (for herself, Mr. Oregon (Mr. WYDEN) were added as co- gram for public health preparedness CRAIG, Mr. LEVIN, Mr. CRAPO, Mr. sponsors of S. 282, a bill to amend the workforce development to eliminate JEFFORDS, and Mr. ROCKEFELLER): Education Sciences Reform Act of 2002 critical public health preparedness S. 3005. A bill to allow State Homeland Se- to require the Statistics Commissioner workforce shortages in Federal, State, curity Program grant funds to be used to pay to collect information from coeduca- costs associated with the attendance of part- and local public health agencies. time and volunteer first responders at ter- tional secondary schools on such S. 2657 rorism response courses approved by the Of- schools’ athletic programs. At the request of Ms. COLLINS, the fice for State and Local Government Coordi- S. 2163 name of the Senator from Virginia (Mr. nation and Preparedness; to the Committee At the request of Mr. DURBIN, the ALLEN) was added as a cosponsor of S. on Governmental Affairs. name of the Senator from New Jersey 2657, a bill to amend part III of title 5, By Mr. GRAHAM of Florida: (Mr. LAUTENBERG) was added as a co- United States Code, to provide for the S. 3006. A bill to amend the Haitian Ref- ugee Immigration Fairness Act of 1998; to sponsor of S. 2163, a bill to establish a establishment of programs under which the Committee on the Judiciary. national health program administered supplemental dental and vision bene- By Mr. STEVENS (for himself and Mr. by the Office of Personnel Management fits are made available to Federal em- BAUCUS): to offer health benefits plans to indi- ployees, retirees, and their dependents,

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.014 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11497 to expand the contracting authority of (c) PROVISION MADE PERMANENT.—Title IX tients by excessive medical mal- the Office of Personnel Management, of the Economic Growth and Tax Relief Rec- practice lawsuits, and I am committed and for other purposes. onciliation Act of 2001 (relating to sunset of to this vital reform. provisions of such Act) shall not apply to I have also worked with officials S. 2889 section 431 of such Act. At the request of Mr. ALEXANDER, the from the Center for Medicare and Med- names of the Senator from Utah (Mr. By Mr. INHOFE: icaid Services to expand access to life- BENNETT), the Senator from Montana S. 2997. A bill to amend section 1928 saving Implantable Cardiac (Mr. BAUCUS), the Senator from Michi- of the Social Security Act to encourage Defibrillators. I supported legislation gan (Ms. STABENOW), the Senator from the production of influenza vaccines by to increase the supply of pancreative Connecticut (Mr. LIEBERMAN), the Sen- eliminating the price cap applicable to islet cells for research and cosponsored ator from Maryland (Ms. MIKULSKI), the purchase of such vaccines under a bill to take the abortion pill RU–486 the Senator from North Carolina (Mrs. contracts entered into by the Sec- off the market in the United States. The federal government invests in DOLE), the Senator from Nebraska (Mr. retary of Health and Human Services, improving hospitals and healthcare ini- NELSON), the Senator from South Caro- to amend the Internal Revenue Code of tiatives, and I have fought hard to en- lina (Mr. HOLLINGS), the Senator from 1986 to establish a tax credit to encour- sure that Oklahoma gets its fair share. Kentucky (Mr. MCCONNELL), the Sen- age vaccine production capacity, and Specifically, over the past three years, ator from Louisiana (Mr. BREAUX), the for other purposes; to the Committee I have helped to secure $5.2 million in Senator from Kansas (Mr. ROBERTS), on Finance. funding for the Oklahoma Medical Re- the Senator from Kentucky (Mr. Mr. INHOFE. Mr. President, there was a lot of hysteria a short time ago search Foundation, the Oklahoma BUNNING), the Senator from Illinois State Department of Health planning (Mr. FITZGERALD), the Senator from Or- about the flu vaccine and the fact it was not available to a lot of people. initiative for a rural telemedicine sys- egon (Mr. WYDEN), the Senator from tem, the INTEGRIS Healthcare Sys- North Dakota (Mr. CONRAD), the Sen- There are several problems. One, the flu vaccine production currently takes tem, the University of Oklahoma ator from Illinois (Mr. DURBIN) and the Health Sciences Center, the Oklahoma approximately 6 months. I am intro- Senator from Alaska (Ms. MURKOWSKI) Center for the Advancement of Science ducing a bill that will expedite that were added as cosponsors of S. 2889, a and Technology, St. Anthony’s Heart and will have the sense of the Senate bill to require the Secretary of the Hospital, the Hillcrest Healthcare Sys- to steer the NIH research dollars to- Treasury to mint coins celebrating the tem, and the Morton Health Center. recovery and restoration of the Amer- ward the development of faster tech- The unexpected influenza, flu, vac- ican bald eagle, the national symbol of nology. They are using egg cultures to cine shortage beginning last month the United States, to America’s lands, grow this vaccine when it can be done highlights the need to encourage the waterways, and skies and the great im- through the cells of silk moths. It will production of flu vaccine in America. portance of the designation of the take more research to get there and we As you know, on October 5th, Chiron, a American bald eagle as an endangered will encourage them to do that. California-based biotechnology com- species under the Endangered Species Second, the bill removes price con- pany, notified U.S. health officials that Act of 1973, and for other purposes. trols for the purchasing of the flu vac- its plant in Liverpool, England had cine. This happened during the Clinton S. 2978 been shut down due to vaccine con- At the request of Mr. REID, the name administration. We should have tamination. Almost 50,000 doses of flu of the Senator from Arizona (Mr. learned during the Nixon administra- vaccine were thrown away, which cre- MCCAIN) was added as a cosponsor of S. tion that price controls in reality do ated a severe shortage for Americans 2978, a bill relating to State regulation not work. The result of this has been just as the flu season began. of access to hunting and fishing. that we do not have many companies In light of the current shortage, I S. RES. 269 now that are willing to get in there and have examined why America found take the risk and develop and manufac- At the request of Mr. LEVIN, the itself unable to accommodate the pub- name of the Senator from Pennsyl- ture these vaccines. As soon as they do, lic demand for the flu vaccine. As we they find out there is no profit at the vania (Mr. SPECTER) was added as a co- have seen, once a vaccine shortage sponsor of S. Res. 269, a resolution urg- other end because of price controls. strikes, a rapid response is difficult and Lastly, we allow investment tax ing the Government of Canada to end often impossible. Thirty years ago, credits. the commercial seal hunt that opened more than a dozen American compa- I have long been dedicated to quality nies were in the flu vaccine business. on November 15, 2003. healthcare for my constituents in f Today only two companies make the Oklahoma and across America. I sup- vaccine for America, and only one in STATEMENTS ON INTRODUCED ported the Medicare bill of 2003 to give an America-based company. This is no BILLS AND JOINT RESOLUTIONS a voluntary prescription drug benefit coincidence. High liability costs, tedi- By Mr. SCHUMER (for himself, to seniors. I have championed the rural ous production, price caps, and the health care providers, who received Mr. BIDEN, and Mr. DURBIN): complicated United States tax code S. 2995. A bill to permanently extend some of the greatest benefits of the have kept the market bare. the income tax deduction for college Medicare bill. In 1997, I was one of few In October, President Bush signed tuition expenses; to the Committee on Republicans to vote against the Bal- the JOBS bill, which curbed the bil- Finance. anced Budget Act because of its lack of lion-dollar lawsuits that have crippled Mr. SCHUMER. Mr. President, I ask support for rural hospitals. Back then, the flu vaccine industry. By adding flu unanimous consent that the text of the I made a commitment to not allow our vaccine to the list of vaccines pro- bill be printed in the RECORD. rural hospitals to be closed, and I am tected by the National Vaccine Injury There being no objection, the bill was pleased we finally addressed that im- Compensation Program, VICP, a no- ordered to be printed in the Record, as portant issue in the Medicare legisla- fault alternative must be used for re- follows: tion. I also cosponsored S. 816, the solving vaccine injury claims. I am en- S. 2995 Health Care Access and Rural Equity couraged with this progress, but more Be it enacted by the Senate and House of Rep- Act, to protect and preserve access of can be done to prevent a shortage in resentatives of the United States of America in Medicare beneficiaries to health care the future. Congress assembled, in rural regions. My bill supports allocating a greater SECTION 1. PERMANENT EXTENSION OF TUITION I am a strong advocate of medical li- percentage of the National Institutes DEDUCTION. ability reform and am an original co- of Health budget to develop faster and (a) REPEAL OF TERMINATION CLAUSE.—Sec- sponsor of S. 11, the Patients First Act, safer vaccine production technology. tion 222 of the Internal Revenue Code of 1986 to protect patients’ access to quality The ever-changing nature of the flu is amended by striking subsection (e). (b) EFFECTIVE DATE.—The amendment and affordable health care by reducing virus results in a complicated produc- made by this section shall apply to payments the effects of excessive liability costs. tion process. The dominant strain of made in taxable years beginning after De- There are solutions to alleviate the the flu virus mutates each year, requir- cember 31, 2005. burden placed on physicians and pa- ing a different vaccine for every flu

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.016 S18PT1 S11498 CONGRESSIONAL RECORD — SENATE November 18, 2004 season. Because harvesting the flu vac- the current United States inter- with people being able to do this with cine currently takes at least six national tax rules. To further offset the company putting these programs months and requires tens of thousands the heavy penalties within the United together incurring responsibilities and of fertilized eggs susceptible to con- States tax code, my bill gives a tax liabilities. tamination, this process must begin credit to companies, new and old, that It is very similar to the program we nearly a year before the flu season be- construct facilities to manufacture flu have been concerned with in the oil in- gins. vaccine. dustry to try to expand it and keep Research should be focused on devel- Currently, ten American companies people from being able to have frivo- oping new technologies to allow us to produce the 47 FDA-approved vaccines. lous lawsuits. That is what we are up produce more vaccine—in the same An investment tax credit will encour- against here. season—when we encounter a shortage. age these existing companies to expand We have introduced a bill that is de- A company in Connecticut is devel- their production to cover the flu vac- signed to allow participation in this oping a flu vaccine relying on cell lines cine and will invite start-up companies emerging space launching activity for from silk moths. This type of innova- to join the industry. This will better a greater number of people. The FAA will now have sole regula- tive research promises to shave at least equip the United States market to pre- tion authority for the suborbital hy- one month off of production time and vent and deal with a shortage in the fu- brid vehicles. It will be appropriately significantly reduce cost. ture. My bill includes a sense of the Senate considered. We are not taking any risk Scientific experts consider vaccina- here. This is just to allow the private on the importance of allocating a tion to be the most effective medical sector to enjoy this type of thing. greater percentage of the National In- intervention, and we live in an age of I will be introducing today S. 2998 stitutes of Health, NIH, research dol- unprecedented vaccine development with the idea of making this a reality lars to developing new technology in and implementation. We cannot con- and giving this privilege to a lot of peo- flu vaccine production. The encourage- tinue to overregulate the flu vaccine ple and allowing us to develop tech- ment of safer and faster flu vaccine industry and hope companies will hang nology. production technology is a prudent use on and produce vaccines regardless of It is interesting. A lot of people go to of existing Federal research dollars profit. The current national flu vaccine an event every year in Oshkosh, WI. I through the National Institutes of shortage reveals the need to act. have gone for 27 consecutive years. We Health. My bill would steer NIH research dol- go up there to see all of the new tech- Furthermore, my bill removes the lars towards cutting-edge technology, nology, what people are putting to- suffocating price controls that have remove suffocating price controls, and gether in their experimental aircraft, discouraged companies from producing free American companies to enter the airplanes they are making in their ga- the flu vaccine. The Vaccines For Chil- flu vaccine industry with an invest- rages and basements. A lot of tech- dren program, VFC, enacted under the ment tax credit. I urge my colleagues nology we are now using in the space Clinton administration, imposed a to stand with me in supporting this program was actually started right price cap on all vaccines purchased vital legislation. there in someone’s garage. That is es- through Federal contracts. From a sentially what we want to get at with shortsighted perspective, these regu- By Mr. INHOFE: the Commercial Space Launch Act we lated prices may expand access to vac- S. 2998. A bill to promote the develop- introduce today. cines. However, in the long run this ment of the emerging commercial policy devastates the vaccine produc- human space flight industry, and for By Mr. TALENT: tion industry and decreases the avail- other purposes; to the Committee on S. 3001. A bill entitled the ‘‘Hybrid ability of vaccines. This occurred in Commerce, Science, and Transpor- HOV Access Act’’; to the Committee on 1998 when manufacturers of tetanus tation. Environment and Public Works. diphtheria vaccine refused to bid on Mr. TALENT. Mr. President, I am f pleased to be introducing this bill, Government contracts. Consequently, COMMERCIAL SPACE LAUNCH ACT which will allow more owners of hybrid this vaccine is no longer available to electric vehicles, or HEVs, to have ac- children through the VFC program. Mr. INHOFE. Mr. President, I want cess to HOV lanes on Federal high- Similarly, the CDC purchased nearly to introduce two bills today. One of ways. For all of us who have a desire to 12 percent of the flu vaccine this sea- them is about a program nobody seems lessen our dependence on foreign oil son, and significant quantities were to know about. That is the space and encourage the use of renewable en- purchased through the Department of launch program. I don’t know whether ergy, this bill represents a step forward it is in the State of Texas or where Defense, the Veteran’s Administration towards achieving those goals. and Medicare. The price controls im- they are doing this. But in Oklahoma, The language that is currently in the posed from Federal government pur- in Burns Flat, we have been very active highway bills passed by the House and chasing create a high-risk, low-reward in trying to get the Commercial Space the Senate allows hybrid vehicles that business market. Price controls de- Launch Program going. This is an op- achieve a 45 mile-per-gallon fuel econ- stroy any profit incentive. Manufactur- portunity for people to go into sub- omy highway rating to use HOV lanes. ers avoid this artificial environment orbital launch vehicles using a hybrid Any hybrid that achieves that kind of and will continue to as long as the gov- technology of a combination rocket in- fuel economy certainly deserves to get ernment over steps its bounds. jection engine. We are doing this. that status, because it is a very im- The harmful effect of government There have been several of them so far. pressive fuel economy rating and rep- price controls is especially pronounced I have been a commercial pilot now resents a substantial improvement in the flu vaccine market because the for almost 50 years—47 years, I guess. I over non-hybrid vehicles. What the 45 vaccine has a single-season shelf life. have a natural interest in this. I have mile-per-gallon standard fails to take The difficulty of predicting the demand had occasion to fly an airplane around into account, however, is that many for vaccines each year exposes compa- the world. I have watched it from all larger hybrid vehicles achieve a much nies great risk. A slight drop in de- levels. larger fuel economy improvement over mand can force them out of the mar- I see the excitement in people’s faces their internal combustion engine coun- ket. Financial losses—from 7 million saying, I can fly in space. terparts, and thus save more energy, extra doses in 2002 and 4.5 million extra We have this program which nobody than smaller vehicles which manage to in 2003—compelled Wyeth Pharma- knows about. It is a program that will meet the standard but are a less dras- ceutical Company to end its flu vaccine allow people to get into things such as tic improvement over their non-hybrid manufacturing. a Learjet that has a rocket on that will counterparts. In addition to lifting price controls, actually launch them, take them up To illustrate this, take the 2005 the government can loosen its grip on and give them the experience of travel model Honda Civic HEV, which gets the flu vaccine market by reforming its in space. just over 45 miles-per-gallon. This rep- complicated tax code. Fortunately, the There have been some problems with resents less than a 40 percent improve- JOBS bill made headway in simplifying this, however. There are some problems ment over the comparable internal

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.020 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11499 combustion model. The 2005 Ford Es- Airport that make it unsuitable for (1) IN GENERAL.—After the conveyance to cape HEV, on the other hand, is a residential use. the City under subsection (a), the City may truck, so it gets fewer miles per gallon But rather than cringing from these sell any portion or portions of the Transition than a Civic, between 35 and 40. How- impediments, the city of Henderson Area for purposes of nonresidential develop- ment. ever, this is a 75 percent improvement sees opportunity. The city’s land-use (2) METHOD OF SALE.—The sale of land over its internal combustion engine planning department envisions a busi- under paragraph (1) shall be— counterpart, and in addition, the Es- ness center that provides diverse em- (A) through a competitive bidding process; cape HEV emits 3–4 tons fewer green- ployment opportunities for the region, and house gases every year than the non- while helping to pay for public infra- (B) for not less than fair market value. hybrid. structure in nearby residential areas. (3) COMPLIANCE WITH CHARTER.—Except as There is no reason to discriminate This bill establishes the conditions to provided in paragraphs (2) and (4), the City against these larger, American-made make that vision come true. may sell parcels within the Transition Area only in accordance with the procedures for hybrids like the Ford Escape. They are The bill would convey the land to the conveyances established in the City Charter. truly engineering marvels and are so city by patent. The city would then (4) DISPOSITION OF PROCEEDS.—Of the gross clearly beneficial for the environment. subdivide and sell lots at fair market proceeds from the sale of land under para- The bill that I have sponsored will give value. As in previous conveyances of graph (1), the City shall— states the discretion to open up their Federal land designated in the South- (A) deposit 85 percent in the Special Ac- HOV lanes to hybrid vehicles that ern Nevada Public Lands Management count; achieve a substantial increase in fuel Act for disposal, 85 percent of the pro- (B) retain 10 percent as compensation for economy relative to comparable gaso- ceeds from sales would return to the the costs incurred by the City— (i) in carrying out land sales under para- line vehicles, or achieve a substantial BLM’s Special Account for acquiring graph (1); and increase in lifetime fuel savings rel- environmentally sensitive land. Five (ii) for the provision of public infrastruc- ative to comparable gasoline vehicles. percent of the proceeds would fund the ture to serve the Transition Area, including It creates a minimum standard of im- State of Nevada’s general education planning, engineering, surveying, and subdi- provement necessary for hybrids, but program. And the city of Henderson viding the Transition Area for nonresidential gives states the option of increasing could use the remaining 10 percent to development; and the requirements. This bill also allows cover expenses associated with subdi- (C) pay 5 percent to the State for use in the states to open HOV lanes to single oc- viding the property and providing in- general education program of the State. (c) USE OF LAND FOR RECREATION OR OTHER cupancy advanced lean burn vehicles frastructure. PUBLIC PURPOSES.—The City may elect to re- that achieve at least a 25 percent in- Henderson, NV, is a new and rapidly tain parcels in the Transition Area for public crease in fuel economy relative to com- growing city. Its leaders are dedicated recreation or other public purposes con- parable gasoline vehicles and that are to making the city a national model of sistent with the Act of June 14, 1926 (com- certified to Clean Air Act Tier 2 stand- logical development, diversified em- monly known as the ‘‘Recreation and Public ards. ployment, and fiscal sustainability. Purposes Act’’) (43 U.S.C. 869 et seq.) by pro- I am hopeful that my colleagues on This bill establishes the conditions viding to the Secretary written notice of the both sides of the aisle can agree that needed to realize that vision. election. (d) NOISE COMPATIBILITY REQUIREMENTS.— we should do all we can to encourage I ask unanimous consent that the The City shall— the use of renewable energy in our text of the bill be printed in the (1) plan and manage the Transition Area in country, and hybrid vehicles are an im- RECORD. accordance with section 47504 of title 49, portant part of that. The people who There being no objection, the bill was United States Code (relating to airport noise drive these vehicles are doing their ordered to be printed in the RECORD, as compatibility planning), and regulations part to help clean up the air and in- follows: promulgated in accordance with that sec- crease energy conservation, and we S. 3003 tion; and should give more people an incentive (2) agree that if any land in the Transition Be it enacted by the Senate and House of Rep- Area is sold, leased, or otherwise conveyed to buy these vehicles by giving them resentatives of the United States of America in by the City, the sale, lease, or conveyance access to HOV lanes. Thank you, Mr. Congress assembled, shall contain a limitation to require uses President. SECTION 1. SHORT TITLE. compatible with that airport noise compat- This Act may be cited as the ‘‘Southern ibility planning. By Mr. REID (for himself and Mr. Nevada Limited Transition Area Act’’. (e) REVERSION.— ENSIGN): SEC. 2. DEFINITIONS. (1) IN GENERAL.—If any parcel of land in S. 3003. A bill to direct the Secretary In this Act: the Transition Area is not conveyed for non- of the Interior to convey to the City of (1) CITY.—The term ‘‘City’’ means the City residential development under this Act or re- Henderson, Nevada, certain Federal of Henderson, Nevada. served for recreation or other public pur- land located in the City, and for other (2) SECRETARY.—The term ‘‘Secretary’’ poses under subsection (c) within 20 years means the Secretary of the Interior. after the date of the enactment of this Act, purposes; to the Committee on Energy the parcel of land shall, if determined to be and Natural Resources. (3) SPECIAL ACCOUNT.—The term ‘‘Special Account’’ means the special account estab- appropriate by the Secretary, revert to the Mr. REID. Mr. President, I rise today lished under section 4(e)(1)(C) of the South- United States. for myself and Senator ENSIGN to in- ern Nevada Public Land Management Act of (2) INCONSISTENT USE.—If the City uses any troduce the Southern Nevada Limited 1998 (112 Stat. 2345). parcel of land within the Transition Area in Transition Area Act, which enhances (4) STATE.—The term ‘‘State’’ means the a manner that is inconsistent with the uses the ability of a rapidly growing com- State of Nevada. specified in this section— munity to diversify its economy, gain- (5) TRANSITION AREA.—The term ‘‘Transi- (A) at the election of the Secretary, the fully employ its residents, and achieve tion Area’’ means the approximately 547 parcel shall revert to the United States; or (B) if the Secretary does not make an elec- fiscal sustainability. acres of Federal land located in Henderson, Nevada, and identified as ‘‘Limited Transi- tion under paragraph (1), the City shall sell The bill I am introducing today tion Area’’ on the map entitled ‘‘Southern the parcel of land in accordance with sub- would convey 547 acres of land from the Nevada Limited Transition Area Act’’ and section (b)(2). Bureau of Land Management to the dated November 16, 2004. city of Henderson, NV, for development SEC. 3. SOUTHERN NEVADA LIMITED TRANSITION By Mr. ROCKEFELLER: as an employment and business center. AREA. S. 3004. A bill to amend chapter 99 of BLM has designated this parcel for (a) CONVEYANCE.—Notwithstanding the the Internal Revenue Code of 1986 to disposal because of its urban sur- Federal Land Policy and Management Act of clarify that certain coal industry roundings and its isolation from other 1976 (43 U.S.C. 1701 et seq.), on request of the health benefits may not be modified or public land, which renders it difficult City, the Secretary shall, without consider- terminated; to the Committee on Fi- for the agency to manage. ation and subject to all valid existing rights, nance. convey to the City all right, title, and inter- The parcel is located in a rapidly est of the United States in and to the Transi- Mr. ROCKEFELLER. Mr. President, growing area of the city, but is im- tion Area. today I am introducing legislation to pacted by aircraft noise and overflights (b) USE OF LAND FOR NONRESIDENTIAL DE- make very clear that Congress fully from the nearby Henderson Executive VELOPMENT.— protected the health insurance benefits

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.027 S18PT1 S11500 CONGRESSIONAL RECORD — SENATE November 18, 2004 of miners and their families when we class citizens. I want to thank Senator until our volunteer and part-time fire- passed the Coal Act in 1992. Unfortu- CRAIG for his hard work on this very fighters are treated fairly and receive nately, we have recently seen bank- important issue, and Senators LEVIN, the terrorism response training they ruptcy courts disregard the Coal Act CRAPO, ROCKEFELLER, and JEFFORDS for need. and absolve companies of their obliga- their support of this bill. Mr. President, I’m pleased to note tions to provide health benefits for Mr. President, many part-time and that the change in Federal guidelines workers and retirees. This is unaccept- volunteer firefighters in rural and this bill requires will not cost the Gov- able. And the bill I am introducing small communities across the country ernment any funding. It will not affect today reiterates that the bankruptcy are not attending Office of Domestic the distribution of State Homeland Se- code does not supercede the Coal Act. Preparedness-approved terrorism re- curity grants. It will just enable com- This year another company has aban- sponse training courses because Fed- munities that have been awarded these don promises it made to workers and eral guidelines do not allow them to be grants to use them to pay their fire- retirees in West Virginia. Horizon Nat- reimbursed for the time they are away fighters a reasonable stipend when ural Resources sought and received a from their full-time jobs. Our bill they leave their full-time jobs and at- court ruling that releases it from its would simply direct the ODP to allow tend these terrorism response course. contracts with union miners and allows part-time and volunteer first respond- This is a matter of fairness to ensure it to avoid honoring health care benefit ers, to receive a reasonable stipend that those that we rely on to respond obligations for over 2,300 retired min- when they participate in ODP-approved to emergencies have the training they ers. This is a morally bankrupt cor- terrorism response courses. need. porate strategy, and is inconsistent The Federal Government should not I ask unanimous consent that the with the Coal Act passed by Congress penalize rural and small communities text of the bill be printed in the in 1992. and their firefighters from receiving RECORD. The Coal Act was needed in 1992 to training necessary to respond to a ter- There being no objection, the bill was prevent some companies from walking rorist attack. In several counties in ordered to be printed in the RECORD, as away from their clear contractual obli- northern lower Michigan, State Home- follows: gations and agreements with their land Security Grant funds sit unused S. 3005 workers. One of the provisions of that because their fire departments are Be it enacted by the Senate and House of Rep- bill was written especially with the in- composed entirely of volunteer or part- resentatives of the United States of America in tent of not allowing companies to sim- time firefighters. Last year, the State Congress assembled, ply reorganize as a way to get out of of Michigan set aside $9 million in SECTION 1. SHORT TITLE. their obligations to their workers. Un- Homeland Security grants to prepare This Act may be cited as the ‘‘Rural and fortunately, too many companies are firefighters, including ODP training Part-time Firefighter Training Fairness increasingly using bankruptcy courts courses, to respond to terrorist inci- Act’’. to achieve the same results. dents. However, this grant money is SEC. 2. STATE AND LOCAL PROGRAMS. It should not be necessary for me to being underutilized since 72 percent of Notwithstanding any other provision of introduce this bill today. Congress has the firefighters in Michigan are volun- law, funds appropriated to the Office of State and Local Government Coordination and already spoken on this subject. The law teer or part-time and are not attending Preparedness for grants to States and local is clear: Coal Act retirees are entitled terrorism response training sessions. governments may be used by such States and to full benefits provided under the stat- All firefighters need the capability to local governments to provide a reasonable ute. No judge should rewrite the law to respond to all types of emergencies. stipend to part-time and volunteer first re- take those benefits away. However, be- When Americans call 9–1–1, the fire de- sponders who are not otherwise compensated cause judges are legislating from the partment doesn’t send only their full- for travel to or participation in terrorism re- bench, it will be helpful for Congress to time firefighters, they send everyone sponse courses approved by the Office for Do- reiterate our intention to protect the regardless of their status. Most part- mestic Preparedness, which stipend shall not time firefighters in rural areas hold be considered compensation for purposes of health benefits of coal miners and their rendering such first responder an employee families. full-time jobs in addition to serving under the Fair Labor Standards Act of 1938 I recognize that the 108th Congress is and protecting their communities. It is (29 U.S.C. 201 et seq.). unreasonable to expect them to take coming to a close. But I am intro- f ducing this legislation today because leave from their regular jobs, and forgo this issue is extremely important to all their pay from their full-time jobs, to SUBMITTED RESOLUTIONS of those who are being victimized by attend terrorism response training courses that include incident com- the bankruptcy courts. I hope that SENATE RESOLUTION 470—HON- mand, civil action management, and early next year my colleagues will join ORING THE LIFE OF ASTRONAUT radiological response. me in this effort to protect the miners, LEROY GORDON COOPER, JR. retired miners, and families who are Mr. President, many of our small, simply seeking the benefits they were rural communities face the same Mr. INHOFE submitted the following promised in exchange for years of hard homeland security challenges as larger resolution; which was considered and work. cities with more resources. For exam- agreed to: ple, Michigan has a long international S. RES. 470 By Ms. STABENOW (for herself, border with Canada, and many of these Whereas Leroy Gordon Cooper, Jr., was Mr. CRAIG, Mr. LEVIN, Mr. small and rural border communities born on March 6, 1927, in Shawnee, Okla- CRAPO, Mr. JEFFORDS, and Mr. rely on part-time and volunteer fire- homa; ROCKEFELLER): fighters. These responders must be ca- Whereas Gordon Cooper served as a colonel S. 3005. A bill to allow State Home- pable of protecting these borders in the United States Air Force and was se- land Security Program grant funds to against the same terrorist threats that lected as one of the original Project Mercury be used to pay costs associated with astronauts in April of 1959; urban areas face. When there is an ac- Whereas the 7 original Project Mercury as- the attendance of part-time and volun- cident in the future and, God forbid, if tronauts helped to inspire generations of sci- teer first responders at terrorism re- there is a terrorist attack, we’re not entists and engineers; sponse courses approved by the Office going to send only full-time fire- Whereas, when Gordon Cooper piloted the for State and Local Government Co- fighters to save people’s lives. Faith 7 spacecraft on the final operational ordination and Preparedness; to the This bill was included as a bipartisan mission of Project Mercury from May 15 to Committee on Governmental Affairs. amendment to the Senate version of May 16, 1963, he traveled a total of 546,167 Ms. STABENOW. Mr. President, I the fiscal year 2005 Department of statute miles and became the first astronaut rise to introduce the Stabenow-Craig Homeland Security Appropriations from the United States to spend more than a day in space; Rural and Part-time Firefighter Train- bill, but was removed by the House Re- Whereas, when Gordon Cooper served as ing Fairness Act. This bill would en- publican leadership in conference. This command pilot on the 8-day 120-orbit Gemini sure that our part-time and rural fire- issue is too important for Congress to 5 mission that began on August 21, 1965, he fighters are not being treated as second ignore, and I am going to keep fighting and pilot Charles Conrad established a new

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.023 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11501 space endurance record by traveling a dis- Leroy Gordon Cooper, Jr., frequently was the last American astronaut to tance of 3,312,993 miles in an elapsed time of called ‘‘Gordo’’, who passed away at his orbit the Earth for an entire orbit by 190 hours and 56 minutes; home on October 4, was often known as himself. Whereas Gordon Cooper was the first man the first astronaut from the United After receiving an honorary Doc- to go into space for a second time; torate of Science degree from Okla- Whereas Gordon Cooper served as backup States to spend more than a day in command pilot for the Gemini 12 mission and space. He was born in Shawnee, OK on homa City University in 1967, Cooper as backup commander for the Apollo 10 March 6, 1927 and joined the Marines retired from the Air Force and NASA flight; during World War II. He then trans- as a colonel in 1970. However, his in- Whereas Gordon Cooper logged 222 hours in ferred to the Air Force in 1949 and volvement with space did not end after space and retired from the Air Force and the graduated from the Air Force Institute his retirement. He served as a consult- National Aeronautics and Space Administra- of Technology with a degree in aero- ant to several companies related to tion in 1970; nautical engineering in 1956. aerospace, electronics, and energy Whereas the special honors Gordon Cooper fields, and was vice president for re- received during his lifetime included the Air After graduating, Cooper became at- Force Distinguished Flying Cross, the Na- tracted to the space program as an search and development for Walt Dis- tional Aeronautics and Space Administra- elite test pilot for the Air Force at Ed- ney Enterprises, Inc. Cooper also de- tion Distinguished Service Medal, and the wards Air Force Base in California. voted part of his life to studying UFOs, John F. Kennedy Trophy; and During his career, he logged more than and wrote Leap of Faith based on his Whereas Gordon Cooper passed away at his 7,000 hours of flying, including 4,000 experiences as a pilot and astronaut. home in Ventura, California, on October 4, hours flying jets. He also flew commer- Even though we have lost this great 2004, at the age of 77: Now, therefore, be it cial and general aviation planes and American hero, his legacy and passion Resolved, That the Senate honors the life of for exploring space live on through astronaut Leroy Gordon Cooper, Jr. helicopters. Cooper seemed to be born in the right continued space ventures such as the Mr. INHOFE. Mr. President, many place at the right time—with the right Ansari X Prize. The famed $10 million people may not be aware of Oklahoma’s abilities. In 1958, the National Aero- X Prize was recently awarded to the significant history in aviation, or that nautical and Space Administration, team of SpaceShipOne, whose pilot, I am the only commercially licensed NASA, announced its new endeavor, Brian Binnie, broke an August 22, 1963 pilot in the Senate and have a passion Project Mercury, with three goals in altitude record by going 69.6 miles for flying. above Earth’s surface, ironically, on Since 1910, beginning with Charles F. mind: to place a spacecraft carrying a October 4, the same day of Cooper’s Willard who only flew a few hundred person into orbital flight around the passing. yards in a south Oklahoma City field, Earth, to investigate a person’s per- I am pleased that my good friend and Oklahomans have been flying. formance capabilities and his/her abil- The following year, Clyde Cessna, an ity to function in space, and to recover colleague Congressman CASS automobile dealer from Enid who later the person and spacecraft safely. NASA BALLENGER has led the way in honoring formed the Cessna Aircraft Company, began searching for people, especially the life and service of this great space flew his mono-wing airplane near Jet, military test pilots, who were willing pioneer. I know that Mr. BALLENGER OK. and capable of enduring such a dan- shares my passion of aviation and Such early flights in Oklahoma con- gerous mission. They focused on find- space exploration and hope that we will tinued and in 1929 perhaps one of the ing military test pilots because they continue to build on the progress and most notable aviation events occurred seemed to experience similar condi- sacrifice made by men like Gordon in Waynoka, Oklahoma, where Charles tions to those of space. Cooper. Lindbergh stopped on the first trans- On April 1, 1959, it was announced continental passenger air and rail serv- that Cooper was chosen, along with SENATE RESOLUTION 471—AU- ice. Alan Shepard, Gus Grissom, John THORIZING THE PRINTING OF By 1931, Wiley Post, from Maysville, Glenn, Scott Carpenter, Walter TRIBUTES AND OTHER RELATED OK, gained international recognition Schirra, Jr., and Deke Slayton not MATERIALS IN HONOR OF THE when he flew around the world in a lit- only as one of the seven Project Mer- LATE SENATOR PAUL SIMON tle over eight days. In July 1991, I had cury astronauts, but as one of Amer- Mr. DURBIN submitted the following the honor of recreating Post’s trip on ica’s first astronauts. These seven men resolution; which was considered and its 60th Anniversary. made history with this project as they agreed to: However, Oklahoma’s aviation his- laid the groundwork for future space S. RES. 471 tory does not stop there. On November flights. Resolved, That there be printed as a Senate 2, 1929, 26 licensed women pilots found- On May 15 and 16, 1963, Cooper piloted document a compilation of tributes and ed what was known as the Ninety-Nine Faith 7, the flight that ended the oper- other related materials concerning the Hon- Club, or the Ninety-Nines. It was called ational phase of Project Mercury. Dur- orable Paul Simon, late a Senator from the so at the suggestion of its first presi- ing this mission, he orbited the Earth State of Illinois. dent, Amelia Earheart, because of the 22 times and logged more time in space 117 licensed women pilots in America than all previous five Mercury astro- SENATE RESOLUTION 472—TO who were contacted about joining the nauts combined. He also became known HONOR THE PEOPLE OF GEOR- club, only 99 actually joined. The as the first American astronaut to GIA ON THE FIRST ANNIVER- South Central Section of the Ninety- sleep in orbit, as well as on the launch SARY OF THE ROSE REVOLUTION Nine Club comprising several states in- pad. Mr. MCCAIN (for himself, Mr. LUGAR, cluding Oklahoma, has through the Shortly thereafter, Cooper received Mr. LIEBERMAN, Mr. BIDEN, and Mr. years, issued several publications and the NASA Distinguished Service Medal HAGEL) submitted the following resolu- in 1962, Mary Lester of the Oklahoma from President John F. Kennedy at a tion; which was considered and agreed Chapter created a new version of the White House ceremony. to: Club’s publication, the Ninety-Nine In August 1965, Cooper commanded S. RES. 472 News. Currently, the Ninety-Nine Club the 8 day Gemini 5 mission with Charles Whereas, on November 23, 2004, the people is an international organization of li- Conrad. On this mission, Cooper set a of Georgia will celebrate the first anniver- censed women pilots from 35 countries, new space endurance record, covering sary of the Rose Revolution, the peaceful with its international headquarters at 120 revolutions and 3,312,993 miles in 190 and bloodless protests that followed par- Will Rogers World Airport in Okla- hours, 56 minutes and 3 seconds and be- liamentary elections deemed to be fraudu- homa City. came the first man to make a second lent; Today I rise to introduce a resolution orbital flight. Whereas following the resignation of Presi- to honor the life and work of another Overall, during his two space flights, dent Eduard Shevardnadze, Interim Presi- dent Nino Burdzhanadze worked diligently to Oklahoman in this long line of aviation Cooper logged 225 hours, 15 minutes restore order and to prepare Georgia for a who served our country by fearlessly and 3 seconds. He also served as backup new Presidential election; dedicating his life to space travel and command pilot for Gemini 12 and Whereas after a free, fair, and democratic exploration. backup commander for Apollo X. He election was held, Mikheil Saakashvili was

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.075 S18PT1 S11502 CONGRESSIONAL RECORD — SENATE November 18, 2004 sworn into office on January 25, 2004, as Whereas the Government of Ukraine has parliamentary by-elections in the Donetsk President of Georgia; accepted numerous specific commitments region and in mayoral elections in Whereas President Saakashvili visited the governing the conduct of elections as a par- Mukacheve, Romny, and Krasniy Luch; United States Congress earlier this year and ticipating state of the Organization for Secu- Whereas intimidation, violence, and fraud delivered a strong message of peace, sta- rity and Cooperation in Europe (OSCE), in- during the April 18, 2004, mayoral election in bility, democracy, political reform, and eco- cluding provisions of the Copenhagen Docu- Mukacheve, Ukraine, represent a deliberate nomic opportunity; ment; attack on the democratic process; Whereas Georgia is a small but strategi- Whereas the election of Ukraine’s next Whereas in the period leading to the first cally situated country located in the President will provide an unambiguous test round of the Presidential election, the gov- Caucasus, and is of additional interest to the of the extent of the Ukrainian authorities ernment power structures used state re- United States because of the oil and gas commitment to implement these standards sources such as schools, state factories, hos- pipelines now being constructed from Baku, and build a democratic society based on free pitals, and public transport systems to force Azerbaijan to the port of Ceyhan, Turkey; elections and the rule of law; students, state workers, and citizens who Whereas Georgia has also become a key Whereas the second round of the Presi- rely on state services for their livelihood to player in the global war on terrorism by dential election takes place against the campaign against their will for the govern- combating members of al Qaeda and other backdrop of past elections and improprieties ment-backed candidate; Muslim terrorist organizations, denying in the first round of the election, which did Whereas there was notable partisan en- them sanctuary in remote areas such as the not fully meet international standards; gagement of security services, military, and Pankisi Gorge, and working with the United Whereas it is the duty of government and local police in support of the government- States to help train border guards; public authorities of Ukraine at all levels to backed candidate; Whereas Georgia has recently increased its act in a manner consistent with all laws and Whereas there was a failure of national and commitment of troops in Iraq and its con- regulations governing election procedures, local state-owned and private electronic tributions to help build peace and democracy and to ensure free and fair elections through- media to provide impartial and fair coverage in Afghanistan and Kosovo; out the entire country, including preventing of, or access to, opposition candidates; Whereas the United States supports Geor- activities aimed at undermining the free ex- Whereas some election commission mem- gia’s efforts to peacefully reestablish govern- ercise of political rights; bers affiliated with opposition candidates ment control, security, and political sta- Whereas a genuinely free and fair election were dismissed from their duties just prior bility in regions such as Abkhazia and South requires a period of political campaigning to election day; Ossetia; conducted in an environment in which ad- Whereas there was collaboration with a Whereas the United States congratulates ministrative action, violence, intimidation, foreign government to allow a foreign Presi- the Government of Georgia on the peaceful or detention do not hinder the parties, polit- dent to appear in Ukraine and express his resolution of the conflict in Adjara and wel- ical associations, and the candidates from opinions on one of the candidates just days comes the restoration of democracy and po- presenting their views and qualifications to before election day, in an effort to influence litical stability in that region; and the citizenry, including organizing sup- the vote, and a military parade, which was Whereas the United States supports rep- porters, conducting public meetings and held in Kyiv 3 days prior to the election, was events throughout the country, and enjoying resentative democracy, political stability, clearly an effort to intimidate voters; and unimpeded access to television, radio, print, economic growth, and peace in Georgia and Whereas in the first round of the Presi- and Internet media on a non-discriminatory throughout the Caucasus region: Now, there- dential election in Ukraine that occurred on basis; fore, be it October 31, 2004, international observers Whereas a genuinely free and fair election Resolved, that the Senate— noted fraud and other significant problems, requires that citizens be guaranteed the (1) congratulates the people of Georgia on including poorly maintained voter lists, right and effective opportunity to exercise the first anniversary of the Rose Revolution, which resulted in people being denied their their civil and political rights, including the the peaceful and bloodless protests that fol- right to vote, as well as many additional right to vote and the right to seek and ac- lowed parliamentary elections deemed to be names on voter rolls for which no accounting quire information upon which to make an in- fraudulent, and for their commitment to de- formed vote, free from intimidation, undue could be made, prevalent interference by un- mocracy, peace, stability, and economic op- influence, attempts at vote buying, threats authorized persons into the electoral proc- portunity; of political retribution, or other forms of co- ess, and credible reports of busing of voters (2) commends President Mikheil ercion by national or local authorities or among oblasts and polling stations for the Saakashvili for his vision of, and commit- others; purpose of multiple voting: Now, therefore, ment to, a peaceful and democratic Georgia, Whereas a genuinely free and fair election be it the rule of law, an open market economy, re- requires government and public authorities Resolved, That the Senate— gional cooperation, and closer integration to ensure that candidates and political par- (1) acknowledges and welcomes the strong into western institutions; ties enjoy equal treatment before the law relationship formed between the United (3) supports the sovereignty, independence, and that government resources are not em- States and Ukraine since the restoration of territorial integrity, and democratic govern- ployed to the advantage of individual can- Ukraine’s independence in 1991; ment of Georgia; and didates or political parties; (2) recognizes that a precondition for the (4) supports continued assistance to the Whereas a genuinely free and fair election full integration of Ukraine into the Western people and Government of Georgia to help requires the full transparency of laws and community of nations, including as an equal them consolidate the democratic process in regulations governing elections, multiparty member in institutions such as the North their country. representation on election commissions, and Atlantic Treaty Organization (NATO), is its unobstructed access by candidates, political establishment of a genuinely democratic po- parties, and domestic and international ob- litical system; SENATE RESOLUTION 473—URGING servers to all election procedures, including (3) expresses its strong and continuing sup- THE GOVERNMENT OF UKRAINE voting and vote counting in all areas of the port for the efforts of the Ukrainian people TO ENSURE A DEMOCRATIC, country; to establish a full democracy, the rule of TRANSPARENT, AND FAIR ELEC- Whereas increasing control and manipula- law, and respect for human rights in TION PROCESS FOR THE PRESI- tion of the media by national and local offi- Ukraine; DENTIAL RUN-OFF ELECTION ON cials and others acting at their behest raise (4) urges the Government of Ukraine to NOVEMBER 21, 2004 grave concerns regarding the commitment of guarantee freedom of association and assem- the Ukrainian authorities to free and fair bly, including the right of candidates, mem- Mr. MCCAIN (for himself, Mr. LUGAR, elections; bers of political parties, and others to freely Mr. SMITH, Mr. LIEBERMAN, Mr. Whereas efforts by the national authorities assemble, to organize and conduct public GRAHAM of South Carolina, Mr. HAGEL, in Ukraine to limit access to international events, and to exercise these and other and Mr. BIDEN) submitted the following broadcasting, including Radio Liberty and rights free from intimidation or harassment resolution; which was considered and the Voice of America, represent an unaccept- by local or national officials or others acting agreed to: able infringement on the right of the Ukrain- at their behest; ian people to independent information; (5) urges the Government of Ukraine to S. RES. 473 Whereas efforts by national and local offi- meet its Organization for Security and Co- Whereas the establishment of a demo- cials of Ukraine and others acting at their operation in Europe (OSCE) commitments on cratic, transparent, and fair election process behest to impose obstacles to free assembly, democratic elections and to address issues for the 2004 Presidential election in Ukraine free speech, and a free and fair political cam- previously identified by the Office of Demo- and of a genuinely democratic political sys- paign have taken place in Donetsk, Sumy, cratic Institutions and Human Rights tem are prerequisites for that country’s full and elsewhere in Ukraine without condemna- (ODIHR) of the OSCE in its final reports on integration into the Western community of tion or remedial action by the Government the 2002 parliamentary elections and the 1999 nations as an equal member, including into of Ukraine; Presidential elections, such as illegal inter- organizations such as the North Atlantic Whereas numerous substantial irregular- ference by public authorities in the cam- Treaty Organization (NATO); ities have taken place in recent Ukrainian paign and a high degree of bias in the media;

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.069 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11503 (6) urges the Ukrainian authorities to en- ful place as a full and equal member of the SENATE CONCURRENT RESOLU- sure— Western community of democracies. TION 148—HONORING THE LIFE (A) the full transparency of election proce- AND CONTRIBUTION OF YOGI dures before, during, and after the second round of the 2004 Presidential election; BHAJAN, A LEADER OF THE (B) free access for Ukrainian and inter- SENATE CONCURRENT RESOLU- SIKHS, AND EXPRESSING CONDO- national election observers; TION 147—EXPRESSING THE LENCES TO THE SIKH COMMU- (C) multiparty representation on all elec- SENSE OF CONGRESS THAT THE NITY ON HIS PASSING tion commissions; DEPARTMENT OF DEFENSE (D) unimpeded access by all parties and Mr. BINGAMAN submitted the fol- candidates to print, radio, television, and SHOULD CONTINUE TO EXERCISE lowing concurrent resolution; which Internet media on a non-discriminatory ITS STATUTORY AUTHORITY TO was referred to the Committee on the basis; SUPPORT THE ACTIVITIES OF Judiciary: (E) freedom of candidates, members of op- THE BOY SCOUTS OF AMERICA, position parties, and independent media or- IN PARTICULAR THE PERIODIC S. CON. RES. 148 ganizations from intimidation or harassment Whereas the Sikh faith was founded in the by government officials at all levels, includ- NATIONAL AND WORLD BOY northern section of the Republic of India in ing selective tax audits and other regulatory SCOUT JAMBOREES the 15th century by Guru Nanak, who procedures, and in the case of media, license preached tolerance and equality for all hu- revocations, and libel suits; Mr. NELSON of Florida submitted mans; (F) a transparent process for complaint the following concurrent resolution; Whereas the Sikh faith began with a sim- and appeals through electoral commissions which was referred to the Committee ple message of truthful living and the funda- and within the court system that provides on Armed Services: mental unity of humanity, all created by one timely and effective remedies; creator who manifests existence through (G) vigorous prosecution of any individual S. CON. RES. 147 every religion; or organization responsible for violations of Whereas the Boy Scouts of America was in- election laws or regulations, including the Whereas the Sikh faith reaches out to peo- corporated on February 8, 1910, and received application of appropriate administrative or ple of all faiths and cultural backgrounds, a Federal charter on June 15, 1916, which is criminal penalties; encourages individuals to see beyond their (H) remedies to all improprieties reported codified as chapter 309 of title 36, United differences, and to work together for world in the first round of the Presidential election States Code; peace and harmony; in Ukraine, including— Whereas section 30902 of title 36, United Whereas Siri Singh Sahib Bhai Sahib (i) the replacement at a polling station of States Code, states that it is the purpose of Harbhajan Singh Khalsa Yogiji, known as any Territorial Election Commission mem- the Boy Scouts of America to promote, Yogi Bhajan to hundreds of thousands of peo- ber found to have engaged in fraud; through organization, and cooperation with ple worldwide, was born Harbhajan Singh (ii) a complete review of voter lists in each other agencies, the ability of boys to do Puri on August 26, 1929, in India; polling station in order to correct inaccura- things for themselves and others, to train Whereas at age 8, Yogi Bhajan began yogic cies; them in scoutcraft, and to teach them patri- training, and 8 years later was proclaimed by (iii) equal time on state media and equal otism, courage, self-reliance, and kindred his teacher to be a master of Kundalini Yoga, which stimulates individual growth access to private media for the two runoff virtues; through breath, yoga postures, sound, chant- candidates; and Whereas, since the inception of the Boy (iv) immediate prosecution of individuals ing, and meditation; Scouts of America, millions of Americans of Whereas during the turmoil over the parti- who have violated the election law; every race, creed, and religion have partici- (7) further calls upon the Government of tion between Pakistan and India in 1947, at pated in the Boy Scouts, and the Boy Scouts Ukraine to guarantee election monitors from the age of 18, Yogi Bhajan led his village of currently uses more than 1,200,000 adult vol- the ODIHR, other participating states of the 7,000 people 325 miles on foot to safety in OSCE, Ukrainian political parties, represent- unteers to serve more than 4,700,000 young New Delhi, India, from what is now Lahore, atives of candidates, nongovernmental orga- people; Pakistan; nizations, and other private institutions and Whereas the Department of Defense and Whereas Yogi Bhajan, before emigrating to organizations, both foreign and domestic, members of the Armed Forces have a long North America in 1968, served the Govern- unobstructed access to all aspects of the history of supporting the activities of the ment of India faithfully through both civil election process, including unimpeded access Boy Scouts of America and individual Boy and military service; to public campaign events, candidates, news Scout troops in the United States, and sec- Whereas when Yogi Bhajan visited the media, voting, and post-election tabulation tion 2606 of title 10, United States Code, au- United States in 1968, he recognized imme- of results and processing of election chal- thorizes the Department of Defense to co- diately that the experience of higher con- lenges and complaints; operate with and assist the Boy Scouts of sciousness that many young people were at- (8) urges the President to fully employ the America in establishing and providing facili- tempting to find through drugs could be al- diplomatic and other resources of the Gov- ties and services for members of the Armed ternatively achieved through Kundalini ernment of the United States to encourage Forces and their dependents, and civilian Yoga, and in response, he began teaching the Government of Ukraine to ensure that employees of the Department of Defense and Kundalini Yoga publicly, thereby breaking the election laws and procedures of Ukraine the centuries-old tradition of secrecy sur- their dependents, at locations outside the are faithfully adhered to by all local and na- rounding it; United States; tional officials, by others acting at their be- Whereas in 1969, Yogi Bhajan founded hest, and by all candidates and parties, dur- Whereas sections 4682, 7541, and 9682 of title ‘‘Healthy, Happy, Holy Organization (3HO)’’, ing and subsequent to the Presidential cam- 10, United States Code, authorize the Depart- a nonprofit private educational and sci- paign and election-day voting; ment of Defense to sell, and in certain cases entific foundation dedicated to serving hu- (9) strongly encourages the President to donate, obsolete or excess material to the manity, improving physical well-being, deep- clearly communicate to the Government of Boy Scouts of America to support its activi- ening spiritual awareness, and offering guid- Ukraine, to all parties and candidates in ties; and ance on nutrition and health, interpersonal Ukraine, and to the people of Ukraine the Whereas, under section 2554 of title 10, relations, child rearing, and human behavior; high importance attached by the Govern- United States Code, the Department of De- Whereas under the direction and guidance ment of the United States to this Presi- fense is authorized to make military instal- of Yogi Bhajan, 3HO expanded to 300 centers dential campaign as a central factor in de- lations available to, and to provide equip- in 35 countries; termining the future relationship between ment, transportation, and other services to, Whereas in 1971, the president of the gov- the two countries; the Boy Scouts of America to support na- erning body of Sikh Temples in India gave (10) strongly encourages the President to tional and world gatherings of Boy Scouts at Yogi Bhajan the title of Siri Singh Sahib, consider visa bans and other targeted sanc- events known as Boy Scout Jamborees: Now, which made him the chief religious and ad- tions on those responsible for encouraging or therefore, be it ministrative authority for Sikhism in the participating in any efforts to improperly in- Western Hemisphere, and subsequently the fluence the outcome of the election, whether Resolved by the Senate (the House of Rep- Sikh seat of religious authority gave him re- through direct or indirect involvement; and resentatives concurring), That it is the sense sponsibility to create a Sikh ministry in the (11) pledges its enduring support and as- of Congress that the Department of Defense West; sistance to the people of Ukraine for the es- should continue to exercise its long-standing Whereas in 1971, Sikh Dharma was legally tablishment of a fully free and open demo- statutory authority to support the activities incorporated in the State of California and cratic system, the creation of a prosperous of the Boy Scouts of America, in particular recognized as a tax-exempt religious organi- free market economy, the establishment of a the periodic national and world Boy Scout zation by the United States, and in 1972, Yogi secure independence and freedom from coer- Jamborees. Bhajan founded the ashram Sikh Dharma in cion, and Ukraine’s assumption of its right- Espan˜ ola, New Mexico;

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.069 S18PT1 S11504 CONGRESSIONAL RECORD — SENATE November 18, 2004 Whereas in 1973, Yogi Bhajan founded ‘‘3HO world peace. When he came to North the issue of Sikh identity is understood SuperHealth’’, a successful drug rehabilita- America in 1968, he recognized that the and respected. When Balbir Singh tion program that blends ancient yogic wis- experience sought by many young peo- Sodhi was murdered in Phoenix 5 days dom of the East with modern technology of ple through drugs could be alter- after 9/11 because of his beard and tur- the West; Whereas in June 1985, Yogi Bhajan estab- natively achieved through Kundalini ban, Yogi Bhajan worked with commu- lished the first ‘‘International Peace Prayer Yoga, which stimulates individual nity and government leaders in Ari- Day Celebrations’’ in New Mexico, which growth through breath, chanting, and zona to help raise awareness about the still draws thousands of participants annu- meditation among other components. Sikh community there. ally; Breaking the centuries old tradition of Yogi Bhajan is survived by his wife, Whereas Yogi Bhajan traveled the world secrecy surrounding Kundalini Yoga, Inderjit Kaur; two sons, Ranbir Singh calling for world peace and religious unity at he began teaching it publicly. Soon and Kulbir Singh; a daughter, Kamaljit meetings with leaders such as Pope Paul VI; after, he founded the Healthy, Happy, Kaur; and five grandchildren. He will Pope John Paul II; His Holiness the Dalai Holy Organization (3HO), a nonprofit be missed by his family, followers and Lama; the President of the former Union of his friends, and his contribution to the Soviet Socialist Republics, Mikhail Gorba- private educational and scientific foun- chev; and two Archbishops of Canterbury; dation with 300 centers in 35 countries, cause of world peace will be remem- Whereas Yogi Bhajan wrote 30 books and dedicated to improving physical well- bered and celebrated for generations to inspired the publication of 200 other books being, deepening spiritual awareness, come. through his teachings, founded a drug reha- and offering guidance on matters of bilitation program, and inspired the found- health and heart. He later founded 3HO SENATE CONCURRENT RESOLU- ing of several businesses; SuperHealth, a successful drug reha- TION 149—COMMENDING THE NA- Whereas Sikhs and students across the bilitation program, blending ancient TIONAL OCEANIC AND ATMOS- world testify that Yogi Bhajan exhibited dig- yogic wisdom of the East with the PHERIC ADMINISTRATION AND nity, divinity, grace, commitment, courage, kindness, compassion, tolerance, wisdom, modern technology of the West. Super- ITS EMPLOYEES FOR ITS DEDI- and understanding; Health was accredited by the Joint CATION AND HARD WORK DUR- Whereas Yogi Bhajan taught that in times Commission on Accreditation of ING HURRICANES CHARLEY, of joy and sorrow members of the commu- Healthcare Organization and received FRANCES, IVAN, AND JEANNE nity should come together and be at one its highest commendation. In 1973 it Mr. HOLLINGS (for himself, Mr. NEL- with each other; and distinguished itself as being in the top SON of Florida, Mr. LOTT, and Mr. Whereas before his passing on October 6, 10 percent of all treatment programs BREAUX) submitted the following con- 2004, Yogi Bhajan requested that his passing throughout the United States. In 1989 be a time of celebration of his going home: current resolution; which was consid- Now, therefore, be it Yogi Bhajan met with then President ered and agreed to: Resolved by the Senate (the House of Rep- Mikhail Gorbachev and established ad- S. CON. RES. 149 resentatives concurring), That Congress— diction treatment programs in Russia Whereas the National Oceanic and Atmos- (1) recognizes that the teachings of Yogi based on the 3HO SuperHealth model. pheric Administration’s National Weather Bhajan about Sikhism and yoga, and the Currently a pilot project of Super- Service consistently provides critical fore- businesses formed under his inspiration, im- Health is being formed by the Punjab casts and warnings about severe weather to proved the personal, political, spiritual, and State Government in India. He taught the Nation’s citizens; professional relations between citizens of the Yoga in Toronto and Los Angeles and Whereas 4 hurricanes, Charley, Frances, United States and the citizens of India; Ivan, and Jeanne, recently hit the State of (2) recognizes the legendary compassion, finally founded a Sikh Dharma commu- nity in Espan¯ ola, NM. In 1971, the Florida, an event which has not occurred wisdom, kindness, and courage of Yogi since 4 hurricanes struck Texas in 1886; Bhajan, and his wealth of accomplishments president of the governing body of Sikh Whereas Hurricane Jeanne was the fourth on behalf of the Sikh community; and Temples in India gave Yogi Bhajan the hurricane in 6 weeks to hit the United States (3) extends its condolences to Inderjit title of chief religious and administra- mainland; Kaur, the wife of Yogi Bhajan, his 3 children tive authority for Sikhism in the West- Whereas the employees of the National and 5 grandchildren, and to Sikh and ern Hemisphere. About 250,000 Sikhs Oceanic and Atmospheric Administration ‘‘Healthy, Happy, Holy Organization (3HO)’’ Tropical Prediction Center/National Hurri- communities around the Nation and the now reside across the United States, including a community of about 500 cane Center and the employees of key South- world upon the death on October 6, 2004, of ern Region Weather Forecast Offices worked Yogi Bhajan, an individual who was a wise families in Northern New Mexico. Yogi Bhajan wrote 30 books and in- tirelessly and under great pressure to pro- teacher and mentor, an outstanding pioneer, vide the most up to date information to the a champion of peace, and a compassionate spired 200 more through his teaching, public, the media, and emergency manage- human being. and inspired the founding of several ment officials during Hurricanes Charley, Mr. BINGAMAN. Mr. President, I rise businesses, including Akal Security Frances, Ivan, and Jeanne; today with my colleagues, Senators Inc. He had an inclusive view of the Whereas the employees of the National DOMENICI and CORNYN, to introduce a world’s major religions and considered Hurricane Center conducted approximately resolution honoring the life of Yogi all of them valid. Throughout his life- 1,128 live television and radio interviews as Bhajan. Yogi Bhajan, the chief reli- time, he traveled the world and met well as 1,480 telephone briefings to the media gious and administrative authority for with world leaders such as Pope John and others during Hurricane Frances; ¯ Whereas the forecasts and information Sikhism in the West, died in Espanola, Paul II and the Dalai Lama to discuss from the National Hurricane Center provided NM, on October 6, 2004, at the age of 75. world peace and religious unity. In notice for the evacuation of millions of resi- Born Harbhajan Singh Puri on August June 1985, Yogi Bhajan established the dents in the line of Hurricanes Charley, 26, 1929, in Northern India, now Paki- first International Peace Prayer Day Frances, Ivan, and Jeanne and warnings to stan, he began yogic training at age 8 Celebration in New Mexico that stills the residents of Florida, Mississippi, Ala- and was proclaimed a master of draws thousands of participants annu- bama, and Louisiana; Kundalini Yoga by age 16. After the ally. Whereas the Office of Oceanic and Atmos- partition of India and Pakistan in 1947, After the events of 9/11/01, Yogi pheric Research’s Hurricane Research Divi- Bhajan reached out to Sikhs across sion at the Atlantic Oceanographic and Me- his family migrated to New Delhi, teorological Laboratory in Miami, Florida India, where he continued his edu- America, encouraging and helping conducts the research needed to improve cation. after graduating from Punjab them to educate their fellow citizens hurricane forecasts and went on flights in University in economics, he worked for about Sikhs, and to work with law en- and around hurricanes to gather and improve India’s Internal Revenue Service and forcement and community leaders to data that goes into the National Hurricane later became head of customs at the help them protect Sikh populations. Center’s forecasts, watches, and warnings to New Delhi Airport. His efforts have helped contribute to protect lives and property; Yogi Bhajan introduced thousands the opening of some major law enforce- Whereas the Office of Oceanic and Atmos- around the world to Sikhism, a religion ment agencies to Sikh employees, in- pheric Research’s Geophysical Fluid Dynam- ics Laboratory in Princeton, New Jersey de- that carries the message of truthful cluding the Los Angeles County Sher- veloped, carefully monitors, and continues to living and the fundamental unity of iff’s Department. Yogi Bhajan estab- improve the National Weather Service’s humanity, and reaches out to people of lished links to human rights advocates operational hurricane model used to deter- all backgrounds to work together for nationwide, working to make sure that mine where the storms are likely to go;

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.076 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11505 Whereas the National Oceanic and Atmos- at MacDill Air Force Base, Tampa, Florida; of financial management reform within pheric Administration’s Marine and Aviation the 53rd Weather Reconnaissance Squadron the Department of Defense and the in- Operation’s Hurricane Hunters logged over of the 403rd Wing of the Air Force Reserve dividual services. 300 hours of operational hours of flight time Command at Keesler Air Force Base, Biloxi, The PRESIDING OFFICER. Without through and above the storms to assist the Mississippi; the Hurricane Liaison Team; the National Hurricane Center in tracking Hur- National Ocean Service; and the National objection, it is so ordered. ricanes Charley, Frances, Ivan, and Jeanne; Environmental Satellite Data and Informa- SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND Whereas the 53rd Weather Reconnaissance tion Service, for their extraordinary dedica- SPACE Squadron of the 403rd Wing of the Air Force tion and hard work during Hurricanes Char- Mr. SANTORUM. Mr. President, I Reserve Command at Keesler Air Force Base, ley, Frances, Ivan, and Jeanne; ask unanimous consent that the Sub- Biloxi, Mississippi, logged 739 hours of flight (2) commends the Southern, Eastern, and committee on Science, Technology and time through and around the storms to as- Central Region Weather Forecast Offices of Space be authorized to meet on Thurs- sist the National Hurricane Center in track- San Juan, Miami, Tampa Bay, Key West, ing Hurricanes Charley, Frances, Ivan, and Melbourne, Jacksonville, Tallahassee, At- day, November 18, 2004, at 2 p.m. on the Jeanne; lanta, Birmingham, Huntsville, Mobile, Mor- Science Behind Pornography Addic- Whereas the Hurricane Liaison Team, a ristown, Charleston, Morehead City, Wil- tion. joint National Oceanic and Atmospheric Ad- mington, Wakefield, Taunton, Lake Charles, The PRESIDING OFFICER. Without ministration and Federal Emergency Man- New Orleans, Jackson, Nashville, and Hous- objection, it is so ordered. agement Agency partnership, provided sup- ton for their extraordinary dedication and f port to the 25 different media outlets oper- hard work during Hurricanes Charley, ating out of the National Hurricane Center; Frances, Ivan, and Jeanne; COMMENDING THE NATIONAL OCE- Whereas the National Oceanic and Atmos- (3) commends the employees of the Office ANIC AND ATMOSPHERIC ADMIN- pheric Administration’s Hydrometeoro- log- of Oceanic and Atmospheric Research, espe- ISTRATION AND ITS EMPLOYEES ical Prediction Center provided rainfall fore- cially the Hurricane Research Division; casts and hurricane track guidance to the (4) thanks the commercial and media me- Mr. MCCONNELL. Mr. President, I National Hurricane Center; teorologists for their contributions in dis- ask unanimous consent that the Sen- Whereas the National Weather Service’s seminating the National Oceanic and Atmos- ate proceed to the immediate consider- National Data Buoy Center, in partnership pheric Administration forecasts and warn- ation of S. Con. Res. 149, introduced with the United States Coast Guard, worked ings to the public; and expediently after Hurricane Charley to fix earlier today by Senator HOLLINGS. (5) expresses its support for the ongoing The PRESIDING OFFICER. The data buoys that proved critical for forecasts hard work and dedication of all who provide of Hurricane Frances, Ivan, and Jeanne; accurate and timely hurricane forecasts. clerk will report the concurrent resolu- Whereas the National Oceanic and Atmos- tion by title. f pheric Administration’s National Ocean The legislative clerk read as follows: Service provided storm surge predictions and AUTHORITY FOR COMMITTEES TO A concurrent resolution (S. Con. Res. 149) hydrographic information support to Federal MEET partners before, during, and after Hurricanes commending the National Oceanic and At- Charley, Frances, Ivan, and Jeanne; COMMITTEE ON COMMERCE, SCIENCE, AND mospheric Administration and its employees Whereas the National Oceanic and Atmos- TRANSPORTATION for its dedication and hard work during Hur- pheric Administration’s National Environ- Mr. SANTORUM. Mr. President, I ricanes Charley, Frances, Ivan, and Jeanne. mental Satellite Data and Information Serv- ask unanimous consent that the Com- There being no objection, the Senate ice provided images of Hurricane Frances mittee on Commerce, Science, and proceeded to consider the concurrent every 5 minutes over a 4-day period, an un- resolution. precedented number of images for hurricane Transportation be authorized to meet Mr. MCCONNELL. Mr. President, I tracking; on Thursday, November 18, 2004, at 9:30 Whereas the Southern, Eastern, and Cen- a.m. on various nominations (names to ask unanimous consent that the con- tral Region Weather Forecast Offices of San be released later in week) at 9:30 a.m. current resolution be agreed to, the Juan, Miami, Tampa Bay, Key West, Mel- The PRESIDING OFFICER. Without preamble be agreed to, the motion to bourne, Jacksonville, Tallahassee, Atlanta, objection, it is so ordered. reconsider be laid upon the table, with Birmingham, Huntsville, Mobile, Morris- COMMITTEE ON FINANCE no intervening action or debate, and town, Charleston, Morehead City, Wil- Mr. SANTORUM. Mr. President, I that any statements related to the con- mington, Wakefield, and Taunton provided current resolution be printed in the up-to-the-minute local details for residents ask unanimous consent that the Com- RECORD. throughout Hurricanes Charley, Frances, mittee on Finance be authorized to Ivan, and Jeanne; meet on Thursday, November 18, 2004, The PRESIDING OFFICER. Without Whereas employees from other offices at 10 a.m., to hear testimony on ‘‘FDA, objection, it is so ordered. within the Southern Region provided addi- Merck and Vioxx: Putting Patient The concurrent resolution (S. Con. tional support to key Weather Forecast Of- Safety First?’’ Res. 149) was agreed to. fices directly impacted by Hurricanes Char- The PRESIDING OFFICER. Without The preamble was agreed to. ley, Frances, Ivan, and Jeanne; objection, it is so ordered. The concurrent resolution, with its Whereas more than 7,000 watches, warn- preamble, reads as follows: ings, advisories, and other statements were COMMITTEE ON INDIAN AFFAIRS issued by key local Weather Forecast Offices Mr. SANTORUM. Mr. President, I S. CON. RES. 149 during Hurricanes Charley, Frances, Ivan, ask unanimous consent that the Com- Whereas the National Oceanic and Atmos- and Jeanne; mittee on Indian Affairs be authorized pheric Administration’s National Weather Service consistently provides critical fore- Whereas the Southeast River Forecast to meet on Thursday, November 18, Center provided critical river flooding fore- casts and warnings about severe weather to cast information to Federal, State, and pri- 2004, at 10 a.m. in room 485 of the Rus- the Nation’s citizens; vate partners during Hurricanes Charley, sell Senate Office Building to conduct Whereas 4 hurricanes, Charley, Frances, Frances, Ivan, and Jeanne and accurately a business meeting on pending Com- Ivan, and Jeanne, recently hit the State of predicted the amount of excessive rainfall mittee matters, to be followed imme- Florida, an event which has not occurred over the Southeastern United States several diately by an oversight hearing on the since 4 hurricanes struck Texas in 1886; days in advance; and Water Problems on the Standing Rock Whereas Hurricane Jeanne was the fourth Whereas the hurricane season continues Sioux Reservation. hurricane in 6 weeks to hit the United States mainland; through November, and all these employees The PRESIDING OFFICER. Without continue tracking new tropical depressions Whereas the employees of the National approaching the United States coast: Now, objection, it is so ordered. Oceanic and Atmospheric Administration therefore, be it SUBCOMMITTEE ON READINESS AND Tropical Prediction Center/National Hurri- Resolved by the Senate (the House of Rep- MANAGEMENT cane Center and the employees of key South- resentatives concurring), That the Congress— Mr. SANTORUM. Mr. President, I ern Region Weather Forecast Offices worked (1) commends the employees of the Na- ask unanimous consent that the Sub- tirelessly and under great pressure to pro- tional Weather Service, especially the Na- committee on Readiness and Manage- vide the most up to date information to the tional Oceanic and Atmospheric Administra- ment support of the committee on public, the media, and emergency manage- tion Tropical Prediction Center/National ment officials during Hurricanes Charley, Hurricane Center, Hydrometeorological Pre- Armed Services be authorized to meet Frances, Ivan, and Jeanne; diction Center, and National Data Buoy Cen- during the session of the Senate on No- Whereas the employees of the National ter; the National Oceanic and Atmospheric vember 18, 2004, at 3:30 p.m. in open ses- Hurricane Center conducted approximately Administration Aircraft Operations Center sion to receive testimony on the status 1,128 live television and radio interviews as

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.068 S18PT1 S11506 CONGRESSIONAL RECORD — SENATE November 18, 2004 well as 1,480 telephone briefings to the media issued by key local Weather Forecast Offices The PRESIDING OFFICER. Without and others during Hurricane Frances; during Hurricanes Charley, Frances, Ivan, objection, it is so ordered. Whereas the forecasts and information and Jeanne; The resolution (S. Res. 470) was from the National Hurricane Center provided Whereas the Southeast River Forecast agreed to. notice for the evacuation of millions of resi- Center provided critical river flooding fore- The preamble was agreed to. dents in the line of Hurricanes Charley, cast information to Federal, State, and pri- Frances, Ivan, and Jeanne and warnings to vate partners during Hurricanes Charley, The resolution, with its preamble, the residents of Florida, Mississippi, Ala- Frances, Ivan, and Jeanne and accurately reads as follows: bama, and Louisiana; predicted the amount of excessive rainfall S. RES. 470 Whereas the Office of Oceanic and Atmos- over the Southeastern United States several Whereas Leroy Gordon Cooper, Jr., was pheric Research’s Hurricane Research Divi- days in advance; and born on March 6, 1927, in Shawnee, Okla- sion at the Atlantic Oceanographic and Me- Whereas the hurricane season continues homa; teorological Laboratory in Miami, Florida through November, and all these employees Whereas Gordon Cooper served as a colonel conducts the research needed to improve continue tracking new tropical depressions in the United States Air Force and was se- hurricane forecasts and went on flights in approaching the United States coast: Now, lected as one of the original Project Mercury and around hurricanes to gather and improve therefore, be it astronauts in April of 1959; data that goes into the National Hurricane Resolved by the Senate (the House of Rep- Whereas the 7 original Project Mercury as- Center’s forecasts, watches, and warnings to resentatives concurring), That the Congress— tronauts helped to inspire generations of sci- protect lives and property; (1) commends the employees of the Na- entists and engineers; Whereas the Office of Oceanic and Atmos- tional Weather Service, especially the Na- Whereas, when Gordon Cooper piloted the pheric Research’s Geophysical Fluid Dynam- tional Oceanic and Atmospheric Administra- Faith 7 spacecraft on the final operational ics Laboratory in Princeton, New Jersey de- tion Tropical Prediction Center/National mission of Project Mercury from May 15 to veloped, carefully monitors, and continues to Hurricane Center, Hydrometeorological Pre- May 16, 1963, he traveled a total of 546,167 improve the National Weather Service’s diction Center, and National Data Buoy Cen- statute miles and became the first astronaut operational hurricane model used to deter- ter; the National Oceanic and Atmospheric from the United States to spend more than a mine where the storms are likely to go; Administration Aircraft Operations Center day in space; Whereas the National Oceanic and Atmos- at MacDill Air Force Base, Tampa, Florida; Whereas, when Gordon Cooper served as pheric Administration’s Marine and Aviation the 53rd Weather Reconnaissance Squadron command pilot on the 8-day 120-orbit Gemini Operation’s Hurricane Hunters logged over of the 403rd Wing of the Air Force Reserve 5 mission that began on August 21, 1965, he 300 hours of operational hours of flight time Command at Keesler Air Force Base, Biloxi, and pilot Charles Conrad established a new through and above the storms to assist the Mississippi; the Hurricane Liaison Team; the space endurance record by traveling a dis- National Hurricane Center in tracking Hur- National Ocean Service; and the National tance of 3,312,993 miles in an elapsed time of ricanes Charley, Frances, Ivan, and Jeanne; Environmental Satellite Data and Informa- 190 hours and 56 minutes; Whereas the 53rd Weather Reconnaissance tion Service, for their extraordinary dedica- Whereas Gordon Cooper was the first man Squadron of the 403rd Wing of the Air Force tion and hard work during Hurricanes Char- to go into space for a second time; Reserve Command at Keesler Air Force Base, ley, Frances, Ivan, and Jeanne; Whereas Gordon Cooper served as backup Biloxi, Mississippi, logged 739 hours of flight (2) commends the Southern, Eastern, and time through and around the storms to as- command pilot for the Gemini 12 mission and Central Region Weather Forecast Offices of sist the National Hurricane Center in track- as backup commander for the Apollo 10 San Juan, Miami, Tampa Bay, Key West, ing Hurricanes Charley, Frances, Ivan, and flight; Melbourne, Jacksonville, Tallahassee, At- Jeanne; Whereas Gordon Cooper logged 222 hours in lanta, Birmingham, Huntsville, Mobile, Mor- Whereas the Hurricane Liaison Team, a space and retired from the Air Force and the ristown, Charleston, Morehead City, Wil- joint National Oceanic and Atmospheric Ad- National Aeronautics and Space Administra- mington, Wakefield, Taunton, Lake Charles, ministration and Federal Emergency Man- tion in 1970; New Orleans, Jackson, Nashville, and Hous- agement Agency partnership, provided sup- Whereas the special honors Gordon Cooper ton for their extraordinary dedication and port to the 25 different media outlets oper- received during his lifetime included the Air hard work during Hurricanes Charley, ating out of the National Hurricane Center; Force Distinguished Flying Cross, the Na- Whereas the National Oceanic and Atmos- Frances, Ivan, and Jeanne; tional Aeronautics and Space Administra- pheric Administration’s Hydrometeorologi- (3) commends the employees of the Office tion Distinguished Service Medal, and the cal Prediction Center provided rainfall fore- of Oceanic and Atmospheric Research, espe- John F. Kennedy Trophy; and casts and hurricane track guidance to the cially the Hurricane Research Division; Whereas Gordon Cooper passed away at his National Hurricane Center; (4) thanks the commercial and media me- home in Ventura, California, on October 4, Whereas the National Weather Service’s teorologists for their contributions in dis- 2004, at the age of 77: Now, therefore, be it National Data Buoy Center, in partnership seminating the National Oceanic and Atmos- Resolved, That the Senate honors the life of with the United States Coast Guard, worked pheric Administration forecasts and warn- astronaut Leroy Gordon Cooper, Jr. expediently after Hurricane Charley to fix ings to the public; and f data buoys that proved critical for forecasts (5) expresses its support for the ongoing of Hurricane Frances, Ivan, and Jeanne; hard work and dedication of all who provide AUTHORIZING THE PRINTING OF Whereas the National Oceanic and Atmos- accurate and timely hurricane forecasts. TRIBUTES AND OTHER RELATED pheric Administration’s National Ocean f MATERIALS IN HONOR OF THE Service provided storm surge predictions and LATE SENATOR PAUL SIMON hydrographic information support to Federal HONORING THE LIFE OF ASTRO- Mr. MCCONNELL. Mr. President, I partners before, during, and after Hurricanes NAUT LEROY GORDON COOPER, Charley, Frances, Ivan, and Jeanne; JR. ask unanimous consent that the Sen- ate proceed to the immediate consider- Whereas the National Oceanic and Atmos- Mr. MCCONNELL. Mr. President, I ation of S. Res. 471, submitted earlier pheric Administration’s National Environ- ask unanimous consent that the Sen- mental Satellite Data and Information Serv- today by Senator DURBIN. ate proceed to the immediate consider- ice provided images of Hurricane Frances The PRESIDING OFFICER. The every 5 minutes over a 4-day period, an un- ation of S. Res. 470, which was sub- clerk will report the resolution by precedented number of images for hurricane mitted earlier today by Senator title. tracking; INHOFE. The legislative clerk read as follows: Whereas the Southern, Eastern, and Cen- The PRESIDING OFFICER. The A resolution (S. Res. 471) authorizing the tral Region Weather Forecast Offices of San clerk will report the resolution by printing of tributes and other related mate- Juan, Miami, Tampa Bay, Key West, Mel- title. rials in honor of the late Senator Paul bourne, Jacksonville, Tallahassee, Atlanta, The legislative clerk read as follows: Simon. Birmingham, Huntsville, Mobile, Morris- town, Charleston, Morehead City, Wil- A resolution (S. Res. 470) honoring the life There being no objection, the Senate mington, Wakefield, and Taunton provided of astronaut Leroy Gordon Cooper, Jr. proceeded to consider the resolution. up-to-the-minute local details for residents There being no objection, the Senate Mr. DURBIN. Mr. President, as we throughout Hurricanes Charley, Frances, proceeded to consider the resolution. approach the first anniversary of the Ivan, and Jeanne; Mr. MCCONNELL. Mr. President, I death of Senator Paul Simon, I would Whereas employees from other offices ask unanimous consent that the reso- like to take this opportunity to pay within the Southern Region provided addi- lution be agreed to, the preamble be tional support to key Weather Forecast Of- tribute to my late friend and colleague. fices directly impacted by Hurricanes Char- agreed to, the motion to reconsider be At the age of 19, Paul Simon became ley, Frances, Ivan, and Jeanne; laid upon the table, and that any state- the Nation’s youngest editor-publisher Whereas more than 7,000 watches, warn- ments relating to this matter be print- when he accepted a Lion’s Club chal- ings, advisories, and other statements were ed in the RECORD. lenge to save the Troy Tribune in Troy,

VerDate Aug 04 2004 04:24 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.073 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11507 IL. From that start, he build a chain of and caring were the real standards for The resolutions (S. Res. 441 and S. 13 newspapers in southern and central public service. He was genuine in his Res. 423) were agreed to, en bloc. Illinois. politics, in his life, and in his values. The preambles were agreed to, en Paul Simon served the State of Illi- I wouldn’t be a Senator today if it bloc. nois and the United States for decades. weren’t for Paul Simon. He believed in The resolutions, with their pre- He is the only individual to have served me, he inspired me, and he was a true ambles, read as follows: in both the Illinois House of Represent- friend. S. RES. 441 atives and the Illinois Senate, and the Today I am introducing a resolution Whereas the Coos, Lower Umpqua, and U.S. House of Representatives and U.S. to authorize the printing of tributes Siuslaw Restoration Act (25 U.S.C. 714 et Senate. and other related materials in honor of seq.), which was signed by the President on Paul highly valued education and the Senator Simon. This resolution will October 17, 1984, restored Federal recognition youth of our Nation. In addition to his authorize the collection and printing of to the Confederated Tribes of Coos, Lower work in Congress to strengthen public Umpqua, and Siuslaw Indians; these materials in an official Senate Whereas the Confederated Tribes of Coos, education in America, he started the document. The compilation of the trib- Lower Umpqua, and Siuslaw Indians histori- public affairs reporting program at ute statements made by my Senate col- cally inhabited land now in the State of Or- Sangamon State University, now the leagues will serve as a lasting testa- egon, from Fivemile Point in the south to University of Illinois at Springfield. He ment to our former colleague. Tenmile Creek in the north, west to the Pa- later became the founder and director Through these small measures, Con- cific Ocean, then east to the crest of the of the Public Policy Institute at South- gress has paid tribute to the lasting Coast Range, encompassing the watersheds of the Coos River, the Umpqua River to ern Illinois University in Carbondale, legacy of our friend, Paul Simon. His IL, and taught there for more than 6 Weatherly Creek, the Siuslaw River, the dedication to public service serves as coastal tributaries between Tenmile Creek years. an example for all Americans. and Fivemile Point, and portions of the Weeks before his death, Paul made Mr. MCCONNELL. Mr. President, I Coquille watershed; the rounds to Washington and the edi- ask unanimous consent that the reso- Whereas in addition to restoring Federal torial boards in Chicago. He was pro- lution be agreed to, the motion to re- recognition, that Act and other Federal In- moting an idea to create a new scholar- consider be laid upon the table, and dian statutes have provided the means for ship program which would send Amer- that any statements relating thereto the Confederated Tribes to achieve the goals ican students overseas to study and in- of cultural restoration, economic self-suffi- be printed in the RECORD, without in- ciency, and the attainment of a standard of vite their foreign counterparts to come tervening action or debate. living equivalent to that enjoyed by other to America to learn. As Paul explained The PRESIDING OFFICER. Without citizens of the United States; it, this opportunity to learn would help objection, it is so ordered. Whereas by enacting the Coos, Lower Ump- an often hostile world to understand us The resolution (S. Res. 471) was qua, and Siuslaw Restoration Act (25 U.S.C. and help the next generation of Amer- agreed to, as follows: 714 et seq.), the Federal Government— (1) declared that the Confederated Tribes ican leaders to understand the world S. RES. 471 we live in. It was Paul Simon’s long- of Coos, Lower Umpqua, and Siuslaw Indians Resolved, That there be printed as a Senate were eligible for all Federal services and ben- term solution to the threat of ter- document a compilation of tributes and efits provided to federally recognized tribes; rorism: dialogue, education and toler- other related materials concerning the Hon- (2) provided the means to establish a tribal ance—the hallmarks of his public life. orable Paul Simon, late a Senator from the reservation; and In a modest way, we came through for State of Illinois. (3) granted the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians him. f Earlier this year, this Congress es- self-government for the betterment of tribal members, including the ability to set tribal tablished a commission to recommend FEDERAL RECOGNITION OF CON- rolls; the framework for an international FEDERATED TRIBES COM- Whereas the Confederated Tribes of Coos, study abroad program for college stu- MENDING INEZ SITTER FOR HER Lower Umpqua, and Siuslaw Indians have dents. The program Senator Simon en- SERVICE TO THE UNITED embraced Federal recognition and self-suffi- visioned and worked so hard to create STATES ciency statutes and are actively working to better the lives of tribal members; and was what he called the Lincoln Fellow- Mr. MCCONNELL. Mr. President, I ships. The program under development Whereas economic self-sufficiency, which ask unanimous consent that the Indian was the goal of restoring Federal recognition is designed to encourage and support Affairs Committee be discharged from for the Confederated Tribes of Coos, Lower the experience of studying abroad in further consideration and the Senate Umpqua, and Siuslaw Indians, is being real- developing countries—in countries proceed to the immediate consider- ized through many projects: Now, therefore, whose people, culture, language, gov- ation of S. Res. 423 and S. Res. 441, en be it ernment, and religion might be very Resolved, That it is the sense of the Senate bloc. that October 17, 1984, should be memorialized different from ours. The PRESIDING OFFICER. Without Shortly after Paul’s death, I intro- as the date on which the Federal Govern- objection, it is so ordered. The clerk ment restored Federal recognition to the duced legislation to name the Federal will state the resolutions by title. Confederated Tribes of Coos, Lower Umpqua, building located at 250 West Cherry The legislative clerk read as follows: and Siuslaw Indians. Street in Carbondale, IL, the ‘‘Senator A resolution (S. Res. 441) expressing the S. RES. 423 Paul Simon Federal Building.’’ In May sense of the Senate that October 17, 1984, the Whereas the United States, and subse- 2004, this bill was signed into law. date of the restoration by the Federal Gov- quently the Choctaw Nation of Oklahoma, Naming this building in Carbondale ernment of Federal recognition to the Con- have operated a school at Hartshorne, Okla- after Paul Simon will help present and federated Tribes of Coos, Lower Umpqua, and homa, called the Jones Academy for more future generations remember and Siuslaw Indians, should be memorialized. than 100 years, a facility that, since 1952, has honor a great man who lived in and A resolution (S. Res. 423) commending Inez provided residential services to predomi- worked for the people of Southern Illi- Sitter for her service to the United States. nately at-risk children from more than 20 In- There being no objection, the Senate dian tribes throughout the United States nois and served in our Federal Govern- who attend local, public school academic ment with the greatest integrity. proceeded to consider the resolutions, classes; From journalism to Government to en bloc. Whereas for approximately half that time, education, Paul Simon set the standard Mr. MCCONNELL. Mr. President, I Mrs. Inez Sitter has been a vital part of that for honesty and caring in public life. ask unanimous consent that the reso- school and its efforts to educate American Paul set a standard for integrity in lutions be agreed to, en bloc, the pre- Indian children; public life the rest of us can only aspire ambles be agreed to, en bloc, the mo- Whereas Mrs. Sitter came to the school in to. Whether you agreed with his poli- tions to reconsider be laid upon the an administrative post in March of 1944 and tics or not, you always knew you could table, and that any statements relating progressed through various administrative capacities to be the Administrative Assist- trust Paul. He didn’t apologize for dedi- to the measures be printed in the ant at the school; cating his public life to the less fortu- RECORD. Whereas Mrs. Sitter formally retired from nate. He believed and taught those of The PRESIDING OFFICER. Without the Bureau of Indian Affairs in 1983, after 39 us who worked with him that honesty objection, it is so ordered. years of service;

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.079 S18PT1 S11508 CONGRESSIONAL RECORD — SENATE November 18, 2004 Whereas Mrs. Sitter immediately there- ø(5) Twenty-five percent of elderly persons health, senior citizen and other organiza- after assumed the position as the Study Hall/ who sustain a hip fracture die within 1 year. tions to design and carry out local education Tutorial Coordinator for Jones Academy, the ø(6) Hospital admissions for hip fractures campaigns, focusing on ways of reducing the Library Services Coordinator, and the Direc- among the elderly have increased from risk of elder falls and preventing repeat falls. tor of the critically important Foster Grand- 231,000 admissions in 1988 to 332,000 in 1999. ø‘‘SEC. 399AA–2. RESEARCH. parents program at the school, positions she The number of hip fractures is expected to ø‘‘(a) IN GENERAL.—Subject to the avail- has held to this day; exceed 500,000 by 2040. ability of appropriations, the Secretary Whereas Mrs. Sitter, who is a member of ø(7) Annually, more than 64,000 individuals shall— many civic organizations, including the who are over 65 years of age sustain a trau- ø‘‘(1) conduct and support research to— Hartshorne Edgewood United Methodist matic brain injury as a result of a fall. ø‘‘(A) improve the identification of elders Church, the Daughters of the American Rev- ø(8) Annually, 40,000 individuals who are who have a high risk of falling; olution, and the American Legion Auxiliary, over 65 years of age visit emergency depart- ø‘‘(B) improve data collection and analysis is known throughout the community for her ments with traumatic brain injuries suffered to identify fall risk and protective factors; extra work with students, including men- as a result of a fall, of which 16,000 of these ø‘‘(C) design, implement, and evaluate fall toring, tutoring, and preparation of home- individual are hospitalized and 4,000 of these prevention interventions to identify the work and term assignments; individuals die. most effective of the numerous potential Whereas for such work she gained a posi- ø(9) The rate of fall-induced traumatic strategies available; tion of advocate for the children of Jones brain injuries for individual who are 80 years ø‘‘(D) improve strategies that are proven Academy and the de facto position of liaison of age or older increased by 60 percent from to be effective in reducing falls by tailoring with the local public school in Hartshorne; 1989 to 1998. these strategies to specific elderly popu- Whereas Mrs. Sitter, who resided with her ø(10) The estimated total cost for non-fatal lations; family on campus, became a surrogate par- traumatic brain injury-related hospitaliza- ø‘‘(E) conduct research in order to maxi- ent for hundreds of Jones Academy children; tions for falls in individuals who are 65 years mize the dissemination of proven, effective Whereas Mrs. Sitter has been described by of age or older is more than $3,250,000,000. fall prevention interventions; a colleague as ‘‘87 years young, and only 95 Two-thirds of these costs occurred among in- ø‘‘(F) expand proven interventions to pre- pounds, but with 60 years of service to the dividual who were 75 years of age or older. vent elder falls; children of Jones Academy and the people of ø(11) The costs to the Medicare and Med- ø‘‘(G) improve the diagnosis, treatment, Hartshorne, the State of Oklahoma, and icaid programs and society as a whole from and rehabilitation of elderly fall victims; these United States’’; and falls by elderly persons continue to climb and Whereas the Bureau of Indian Affairs, rec- much faster than inflation and population ø‘‘(H) assess the risk of falls occurring in ognizing her selfless and outstanding con- growth. Direct costs alone will exceed various settings; tributions, awarded Mrs. Sitter its Lifetime $32,000,000,000 in 2020. ø‘‘(2) conduct research concerning barriers Achievement Award, presented by Assistant ø(12) The Federal Government should de- to the adoption of proven interventions with Secretary Dave Anderson on August 3, 2004: vote additional resources to research regard- respect to the prevention of elder falls (such Now, therefore, be it ing the prevention and treatment of falls in as medication review and vision enhance- Resolved, That the Senate commends Mrs. residential as well as institutional settings. ment); Inez Sitter for her outstanding service to the ø(13) A national approach to reducing elder ø‘‘(3) conduct research to develop, imple- Choctaw Nation of Oklahoma, the State of falls, which focuses on the daily life of senior ment, and evaluate the most effective ap- Oklahoma, and the United States. citizens in residential, institutional, and proaches to reducing falls among very high f community settings is needed. The approach risk elders living in nursing homes, assisted should include a wide range of organizations ELDER FALLS PREVENTION ACT living, and other types of long-term care fa- and individuals including family members, cilities; and OF 2003 health care providers, social workers, archi- ø‘‘(4) evaluate the effectiveness of commu- Mr. MCCONNELL. Mr. President, I tects, employers and others. nity programs to prevent assisted living and ask unanimous consent that the Sen- ø(14) Reducing preventable adverse events, nursing home falls by elders. ate proceed to the immediate consider- such as elder falls, is an important aspect to ø‘‘(b) ADMINISTRATION.—In carrying out ation of Calendar No. 785, S. 1217. the agenda to improve patient safety. subsection (a), the Secretary shall— ø ø The PRESIDING OFFICER. The SEC. 3. AMENDMENT TO THE PUBLIC HEALTH ‘‘(1) conduct research and surveillance ac- SERVICE ACT. tivities among community-dwelling and in- clerk will state the bill by title. øTitle III of the Public Health Service Act stitutionalized elders through the Director The legislative clerk read as follows: (42 U.S.C. 241 et seq.) is amended by adding of the Centers for Disease Control and Pre- A bill (S. 1217) to direct the Secretary of at the end the following: vention; Health and Human Services to expand and ø‘‘PART R—PREVENTION OF ELDER FALLS ø‘‘(2) conduct research related to elder fall intensify programs with respect to research ø‘‘SEC. 399AA. PURPOSES prevention in health care delivery settings and related activities concerning elder falls. ø‘‘The purposes of this title are— and clinical treatment and rehabilitation of There being no objection, the Senate ø‘‘(1) to develop effective public education elderly fall victims through the Director of proceeded to consider the bill, which strategies in a national initiative to reduce the Agency for Healthcare Research and was reported from the Committee on elder falls in order to educate the elders Quality; and Health, Education, Labor, and Pen- themselves, family members, employers, ø‘‘(3) ensure the coordination of the activi- sions, with an amendment and an caregivers, and others who touch the lives of ties described in paragraphs (1) and (2). senior citizens; ø‘‘(c) GRANTS.—The Secretary shall award amendment to the title, as follows: ø grants to qualified organizations and institu- (Strike the part printed in black ‘‘(2) to expand needed services and con- duct research to determine the most effec- tions to enable such organizations and insti- brackets and insert the part printed in tive approaches to preventing and treating tutions to provide professional education for italic.) elder falls; and physicians and allied health professionals in S. 1217 ø‘‘(3) to require the Secretary to evaluate elder fall prevention. Be it enacted by the Senate and House of Rep- the effect of falls on the costs of medicare ø‘‘SEC. 399AA–3. DEMONSTRATION PROJECTS. resentatives of the United States of America in and medicaid and the potential for reducing ø‘‘Subject to the availability of appropria- Congress assembled, costs by expanding education, prevention, tions, the Secretary, acting through the Di- øSECTION 1. SHORT TITLE. and elderly intervention services covered rector of the Centers for Disease Control and øThis Act may be cited as the ‘‘Elder Fall under these two programs. Prevention and in consultation with the Di- Prevention Act of 2003’’. ø‘‘SEC. 399AA–1. PUBLIC EDUCATION. rector of the Agency for Healthcare Research øSEC. 2. FINDINGS. ø‘‘Subject to the availability of appropria- and Quality, shall carry out the following: øThe Congress finds as follows: tions, the Administration on Aging within ø‘‘(1) Oversee and support demonstration ø(1) Falls are the leading cause of injury the Department of Health and Human Serv- and research projects to be carried out by deaths among individuals who are over 65 ices shall— the National Safety Council and other quali- years of age. ø‘‘(1) oversee and support a three-year na- fied organizations in the following areas: ø(2) By 2030, the population of individuals tional education campaign to be carried out ø‘‘(A) A multi-State demonstration project who are 65 years of age or older will double. by the National Safety Council to be di- assessing the utility of targeted fall risk By 2050, the population of individuals who rected principally to elders, their families, screening and referral programs. are 85 years of age or older will quadruple. and health care providers and focusing on ø‘‘(B) Programs designed for community- ø(3) In 2000, falls among elderly individuals ways of reducing the risk of elder falls and dwelling elderly individuals that shall utilize accounted for 10,200 deaths and 1,600,000 preventing repeat falls; and multi-component fall intervention ap- emergency department visits. ø‘‘(2) provide grants to qualified organiza- proaches, including physical activity, medi- ø(4) Sixty percent of fall-related deaths tions and institutions for the purpose of or- cation assessment and reduction when pos- occur among individuals who are 75 years of ganizing State-level coalitions of appro- sible, vision enhancement, and home modi- age or older. priate State and local agencies, safety, fication strategies.

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.077 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11509 ø‘‘(C) Programs targeting newly-discharged (2) In 2000, falls among older adults accounted spect to the prevention of falls among older fall victims who are at a high risk for second for 10,200 deaths and 1,600,000 emergency de- adults; falls, which shall include modification partment visits. ‘‘(C) conduct research to develop, implement, projects available to various living settings (3) Hospital admissions for hip fractures and evaluate the most effective approaches to (in accordance with accepted building codes among the elderly have increased from 231,000 reducing falls among high-risk older adults liv- and standards) and which are designed to admissions in 1988 to 332,000 in 1999. ing in long-term care facilities; and maximize independence and quality of life (4) Annually, more than 64,000 individuals ‘‘(D) evaluate the effectiveness of community for elders, particularly those elders with who are over 65 years of age sustain a traumatic programs to prevent assisted living and nursing functional limitations. brain injury as a result of a fall. home falls among older adults. ø‘‘(D) Private sector and public-private (5) The total cost of all fall injuries for people ‘‘(2) EDUCATIONAL SUPPORT.—The Secretary, partnerships to develop technology to pre- age 65 and older was calculated in 1994 to be either directly or through awarding grants, con- vent falls and prevent or reduce injuries if $27,300,000,000 (in 2004 dollars). tracts, or cooperative agreements to qualified or- falls occur. (6) A national approach to reducing falls ganizations, institutions, or consortia of quali- ø‘‘(2)(A) Provide grants to qualified organi- among older adults, which focuses on the daily fied organizations and institutions, shall pro- zations and institutions to design, imple- life of senior citizens in residential, institu- vide professional education for physicians and ment, and evaluate fall prevention programs tional, and community settings, is needed. allied health professionals in fall prevention. using proven intervention strategies in resi- SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH ‘‘(d) DEMONSTRATION PROJECTS.—The Sec- dential and institutional settings. SERVICE ACT. retary shall carry out the following: ø‘‘(B) Provide one or more grants to one or Part J of title III of the Public Health Service ‘‘(1) Oversee and support demonstration and more qualified applicants in order to carry Act (42 U.S.C. 280b et seq.) is amended— research projects to be carried out by qualified out a multi-State demonstration project to (1) by redesignating section 393B (as added by organizations, institutions, or consortia of implement and evaluate fall prevention pro- section 1401 of Public Law 106–386) as section qualified organizations and institutions, in the grams using proven intervention strategies 393C and transferring such section so that it ap- following areas: designed for multi-family residential set- pears after section 393B (as added by section ‘‘(A) A multistate demonstration project as- tings with high concentrations of elders, in- 1301 of Public Law 106–310); and sessing the utility of targeted fall risk screening cluding identifying high risk populations, (2) by inserting after section 393C (as redesig- and referral programs. evaluating residential facilities, conducting nated by paragraph (1)) the following: ‘‘(B) Programs designed for community-dwell- screening to identify high risk individuals, ‘‘SEC. 393D. PREVENTION OF FALLS AMONG ing older adults that utilize multicomponent fall providing pre-fall counseling, coordinating OLDER ADULTS. intervention approaches, including physical ac- services with health care and social service ‘‘(a) PURPOSES.—The purposes of this section tivity, medication assessment and reduction providers and coordinating post-fall treat- are— when possible, vision enhancement, and home ment and rehabilitation. ‘‘(1) to develop effective public education modification strategies. ø‘‘(C) Provide one or more grants to quali- strategies in a national initiative to reduce falls ‘‘(C) Programs that are targeted to newly dis- fied applicants to conduct evaluations of the among older adults in order to educate older charged fall victims who are at a high risk for effectiveness of the demonstration projects adults, family members, employers, caregivers, second falls and which are designed to maximize in this section. and others; independence and quality of life for older adults, particularly those older adults with ø‘‘SEC. 399AA–4. REVIEW OF REIMBURSEMENT ‘‘(2) to intensify services and conduct research POLICIES. to determine the most effective approaches to functional limitations. ø‘‘(a) IN GENERAL.—The Secretary shall un- preventing and treating falls among older ‘‘(D) Private sector and public-private part- dertake a review of the effects of falls on the adults; and nerships to develop technology to prevent falls costs of the medicare and medicaid programs ‘‘(3) to require the Secretary to evaluate the among older adults and prevent or reduce inju- and the potential for reducing costs by ex- effect of falls on health care costs, the potential ries if falls occur. panding services covered by these two pro- for reducing falls, and the most effective strate- ‘‘(2)(A) Award grants, contracts, or coopera- grams. This review shall include a review of gies for reducing health care costs associated tive agreements to qualified organizations, insti- the reimbursement policies of the medicare with falls. tutions, or consortia of qualified organizations and medicaid programs in order to determine ‘‘(b) PUBLIC EDUCATION.—The Secretary and institutions, to design, implement, and if additional fall-related education, preven- shall— evaluate fall prevention programs using proven tion, and early prevention services should be ‘‘(1) oversee and support a national education intervention strategies in residential and insti- covered or reimbursement guidelines should campaign to be carried out by a nonprofit orga- tutional settings. be modified. nization with experience in designing and imple- ‘‘(B) Award 1 or more grants, contracts, or co- operative agreements to 1 or more qualified or- ø‘‘(b) REPORT.—Not later than 18 months menting national injury prevention programs, after the date of the enactment of this title, that is directed principally to older adults, their ganizations, institutions, or consortia of quali- the Secretary shall submit to the Congress a families, and health care providers, and that fo- fied organizations and institutions, in order to report describing the findings of the Sec- cuses on reducing falls among older adults and carry out a multistate demonstration project to retary in conducting the review under sub- preventing repeat falls; and implement and evaluate fall prevention pro- section (a). ‘‘(2) award grants, contracts, or cooperative grams using proven intervention strategies de- agreements to qualified organizations, institu- signed for multifamily residential settings with ø‘‘SEC. 399AA–5. AUTHORIZATION OF APPROPRIA- TION. tions, or consortia of qualified organizations high concentrations of older adults, including— ‘‘(i) identifying high-risk populations; ø‘‘In order to carry out this title, there are and institutions, for the purpose of organizing ‘‘(ii) evaluating residential facilities; authorized to be appropriated— State-level coalitions of appropriate State and ‘‘(iii) conducting screening to identify high- ø‘‘(1) to carry out the national public edu- local agencies, safety, health, senior citizen, and risk individuals; cation provisions described in section 399AA– other organizations to design and carry out ‘‘(iv) providing pre-fall counseling; 1(1), $5,000,000 for each of fiscal years 2004 local education campaigns, focusing on reduc- ing falls among older adults and preventing re- ‘‘(v) coordinating services with health care through 2006; and social service providers; and ø‘‘(2) to carry out the State public edu- peat falls. ‘‘(c) RESEARCH.— ‘‘(vi) coordinating post-fall treatment and re- cation campaign provisions of section 399AA– habilitation. 1(2), $8,000,000 for each of fiscal years 2004 ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) conduct and support research to— ‘‘(3) Award 1 or more grants, contracts, or co- through 2006; ‘‘(i) improve the identification of older adults operative agreements to qualified organizations, ø‘‘(3) to carry out research projects de- who have a high risk of falling; institutions, or consortia of qualified organiza- scribed in section 399AA–2, $10,000,000 for ‘‘(ii) improve data collection and analysis to tions and institutions, to conduct evaluations of each of fiscal years 2004 through 2006; the effectiveness of the demonstration projects ø identify fall risk and protective factors; ‘‘(4) to carry out the demonstration ‘‘(iii) design, implement, and evaluate the described in this subsection. projects described in section 399AA–3(1), most effective fall prevention interventions; ‘‘(e) STUDY OF EFFECTS OF FALLS ON HEALTH $7,000,000 for each of fiscal years 2004 through ‘‘(iv) improve strategies that are proven to be CARE COSTS.— 2006; and effective in reducing falls by tailoring these ‘‘(1) IN GENERAL.—The Secretary shall con- ø ‘‘(5) to carry out the demonstration and strategies to specific populations of older adults; duct a review of the effects of falls on health research projects described in section 399AA– ‘‘(v) conduct research in order to maximize the care costs, the potential for reducing falls, and 3(2), $8,000,000 for each of fiscal years 2004 dissemination of proven, effective fall preven- the most effective strategies for reducing health ¿ through 2006.’’. tion interventions; care costs associated with falls. SECTION 1. SHORT TITLE. ‘‘(vi) intensify proven interventions to prevent ‘‘(2) REPORT.—Not later than 36 months after This Act may be cited as the ‘‘Keeping Seniors falls among older adults; the date of enactment of the Keeping Seniors Safe From Falls Act of 2004’’. ‘‘(vii) improve the diagnosis, treatment, and Safe From Falls Act of 2004, the Secretary shall SEC. 2. FINDINGS. rehabilitation of elderly fall victims; and submit to Congress a report describing the find- Congress finds the following: ‘‘(viii) assess the risk of falls occurring in var- ings of the Secretary in conducting the review (1) Falls are the leading cause of injury ious settings; under paragraph (1).’’. deaths among individuals who are over 65 years ‘‘(B) conduct research concerning barriers to Amend the title so as to read: ‘‘A bill to of age. the adoption of proven interventions with re- direct the Secretary of Health and Human

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.084 S18PT1 S11510 CONGRESSIONAL RECORD — SENATE November 18, 2004 Services to intensify programs with respect seniors and giving help to those who The preamble was agreed to. to research and related activities concerning practice self-help. This bill creates f falls among older adults.’’. public education campaigns for older NATIONAL DAY OF THE HORSE Ms. MIKULSKI. Mr. President, I am adults, their families, and health care pleased that today the Senate will pass providers about how to prevent falls. It Mr. MCCONNELL. Mr. President, I the Keeping Seniors Safe from Falls expands research on falls by older ask unanimous consent that the Judi- Act of 2004 (S. 1217) that Senator ENZI adults to develop better ways to pre- ciary Committee be discharged from and I introduced. Falls are a serious vent falls and to improve the treat- further consideration of S. Res. 452 and public health problem that affects mil- ment and rehabilitation of elder vic- the Senate proceed to its immediate lions of seniors each year. This bill fo- tims. This legislation also requires an consideration. cuses on public education, research, evaluation of the effect of falls on The PRESIDING OFFICER. Without and demonstration projects to help re- health care costs, the potential for re- objection, it is so ordered. The clerk duce falls by older adults. ducing falls, and the potential for re- will report the resolution by title. The facts are staggering. One out of ducing health care costs associated The legislative clerk read as follows: every three Americans over age 65 falls with falls. A resolution (S. Res. 452) designating De- every year. In 2000, over 10,200 seniors Reducing the number of falls will cember 13, 2004, as ‘‘National Day of the died and approximately 1.6 million sen- help seniors live longer, healthier, Horse’’ and encouraging the people of the United States to be mindful of the contribu- iors visited an emergency department more independent lives. I want to ac- as a result of a fall. Falls are the lead- tion of horses to the economy, history, and knowledge the leadership of the Na- character of the United States. ing cause of injury deaths among sen- tional Safety Council on this issue. I iors, accounting for 64,000 traumatic There being no objection, the Senate also thank Senator ENZI for working brain injuries and 340,000 hip fractures proceeded to consider the resolution. with me in such a bipartisan manner to Mr. MCCONNELL. Mr. President, I each year. Falls can be financially dis- move this bill forward. The support of astrous for families, and falls place a ask unanimous consent that the reso- Senator GREGG and Senator KENNEDY serious financial strain on our health lution be agreed to, the preamble be was also vital in getting this bill care system. By 2020, falls by older agreed to, the motions to reconsider be through the Senate. I hope that our adults are estimated to cost the health laid upon the table, and that any state- colleagues in the House will take swift care system more than $32 billion. ments relating to this resolution be These facts do not begin to tell the action to pass this important bill this printed in the RECORD. story of what falls can mean for older year. The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I adults and their loved ones. Falls don’t objection, it is so ordered. ask unanimous consent the committee discriminate. Kay Graham was the vic- The resolution (S. Res. 452) was amendment be agreed to, the bill, as tim of a fall. Many of us have friends or agreed to. amended, be read a third time and relatives who have fallen. A fall can The preamble was agreed to. passed, the amendment to the title be have a devastating impact on a per- The resolution, with its preamble, agreed to, the motion to reconsider be son’s physical, emotional, and mental reads as follows: health. If an older woman loses her laid upon the table, and that any state- S. RES. 452 footing on her front porch steps, falls, ments relating to the bill be printed in Whereas the horse is a living link to the and suffers a hip fracture, she would the RECORD. history of the United States; The PRESIDING OFFICER. Without likely spend about two weeks in the Whereas without horses, the economy, his- objection, it is so ordered. tory, and character of the United States hospital, and there is a 50 percent The committee amendment in the would be profoundly different; chance that she would not return home nature of a substitute was agreed to. Whereas horses continue to permeate the or live independently as a result of her The bill (S. 1217), as amended, was society of the United States, as witnessed on injuries. read the third time and passed. movie screens, on open land, and in our own Two years ago, I chaired a hearing of The title was amended so as to read: backyards; the Subcommittee on Aging on the Whereas horses are a vital part of the col- A bill to direct the Secretary of Health and lective experience of the United States and problem of falls among older adults. Human Services to intensify programs with The subcommittee heard testimony deserve protection and compassion; respect to research and related activities Whereas because of increasing pressure from Lillie Marie Struchen, a 91-year- concerning falls among older adults. old woman who had recently fallen in from modern society, wild and domestic f horses rely on humans for adequate food, her bathroom when she slipped on the HONORING THE 10 COMMUNITIES water, and shelter; and tile. Lillie Marie could not reach the Whereas the Congressional Horse Caucus panic button in her apartment, and it RECEIVING THE 2004 ALL-AMER- estimates that the horse industry contrib- took her some time before she could ICAN CITY AWARD utes much more than $100,000,000,000 each get to her feet and call for help. Lillie Mr. MCCONNELL. Mr. President, I year to the economy of the United States: Marie was lucky. She recovered from ask unanimous consent that the Sen- Now, therefore, be it her fall and returned to her normal ate proceed to the immediate consider- Resolved, That the Senate— routines. She shared with the sub- ation of H. Con. Res 464. (1) designates December 13, 2004, as ‘‘Na- tional Day of the Horse’’, in recognition of committee some steps that she and her The PRESIDING OFFICER. The the importance of horses to the security, family have taken to prevent future clerk will state the concurrent resolu- economy, recreation, and heritage of the falls, knowing that she may not be so tion by title. United States; lucky next time. The legislative clerk read as follows: (2) encourages all people of the United These falls, like the ones that Lillie A concurrent resolution (H. Con. Res. 464) States to be mindful of the contribution of Marie and thousands of others suffer honoring the 10 communities selected to re- horses to the economy, history, and char- from each year, can be prevented. With ceive the 2004 All-American City Award. acter of the United States; and some help, there are simple ways that There being no objection, the Senate (3) requests that the President issue a seniors can improve the safety of their proceeded to consider the concurrent proclamation calling on the people of the homes and make a fall far less likely. United States and interested organizations resolution. to observe the day with appropriate pro- Home modifications like hand rails in Mr. MCCONNELL. Mr. President, I grams and activities. the bathroom, rubber mats on slippery ask unanimous consent that the reso- tile floors, and cordless telephones that lution be agreed to, the preamble be f seniors can keep nearby can make a big agreed to, the motion to reconsider be HONORING THE LIFE AND LEGACY difference. Well-trained pharmacists laid upon the table, and that any state- OF ALEXANDER HAMILTON can review medications to make sure ments relating to the resolution be that two drugs do not interact to cause printed in the RECORD. dizziness and throw a senior off bal- The PRESIDING OFFICER. Without NATIONAL CHILDREN’S MEMORIAL ance. objection, it is so ordered. DAY That’s what this legislation is The concurrent resolution (H. Con. Mr. MCCONNELL. Mr. President, I about—getting behind our Nation’s Res. 464) was agreed to. ask unanimous consent that it be in

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.084 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11511 order for the Judiciary Committee to single most influential interpretation of to be one of the greatest tragedies that a be discharged from further consider- American constitutional law ever written; prevent or family will ever endure during a ation en bloc of the following and the Whereas Alexander Hamilton was the most lifetime; Senate proceed en bloc to their imme- important individual force in achieving the Whereas a supportive environment, empa- ratification of the Constitution in New York diate consideration: S. Con. Res. 123 thy, and understanding are considered crit- against the strong opposition of many of the ical factors in the healing process of a family and S. Res. 436. delegates to the ratifying convention; that is coping with and recovering from the The PRESIDING OFFICER. Without Whereas Alexander Hamilton was the lead- loss of a loved one; and objection, it is so ordered. ing voice of the founding generation in sup- Whereas April is National Child Abuse Pre- Mr. MCCONNELL. Mr. President, I port of the controversial doctrine of judicial vention month: Now, therefore, be it ask unanimous consent that the con- review, which is the backbone for the role of Resolved, current resolution and resolution be the Supreme Court in the constitutional sys- SECTION 1. DESIGNATION OF NATIONAL CHIL- agreed to, en bloc, the preambles be tem of the United States; DREN’S MEMORIAL DAY. agreed to, en bloc, and that any state- Whereas on September 11, 1789, Alexander The Senate— ments relating to the measures be Hamilton was appointed by President George (1) designates the second Sunday in the Washington to be the first Secretary of the month of December 2004 as ‘‘National Chil- printed in the RECORD, and the consid- Treasury; eration of these items appear sepa- dren’s Memorial Day’’; and Whereas as Secretary of the Treasury Al- (2) requests that the President issue a rately, with no intervening action or exander Hamilton salvaged the public credit, proclamation calling upon the people of the debate. created the first Bank of the United States, United States to observe ‘‘National Chil- The PRESIDING OFFICER. Without and outlined the basic economic vision of a dren’s Memorial Day’’ with appropriate cere- objection, it is so ordered. mixed agricultural and manufacturing soci- monies and activities in remembrance of the The concurrent resolution (S. Con. ety supported by a strong financial system many infants, children, teenagers, and young Res. 123) was agreed to. that would underlie the great economic ex- adults of families in the United States who The preamble was agreed to. pansion of the United States for the next 2 have died. centuries; The resolution (S. Res. 436) was f agreed to. Whereas Alexander Hamilton was the lead- The preamble was agreed to. ing proponent among the Founding Fathers FIRST ANNIVERSARY OF THE The resolutions, with their pre- of encouraging a strong manufacturing base ROSE REVOLUTION for the United States in order to create good ambles, read as follows: paying middle-class jobs and encourage a so- Mr. MCCONNELL. Mr. President, I S. CON. RES. 123 ciety built on merit rather than class or skin ask unanimous consent that the Sen- Whereas Alexander Hamilton dedicated his color; ate proceed to the immediate consider- life to serving his adopted country as a Revo- Whereas in pursuit of this vision Alexander ation of S. Res. 472, which was sub- lutionary soldier, aide-de-camp to General Hamilton founded The Society for Estab- mitted earlier today by Senator George Washington, Representative to the lishing Useful Manufactures which in turn MCCAIN. Continental Congress, member of the New founded the town of Paterson, New Jersey, York State Assembly, first Secretary of the one of the first industrial centers of the The PRESIDING OFFICER. The Treasury of the United States, and Inspector United States; clerk will report the resolution by General of the Army; Whereas Alexander Hamilton proposed and title. Whereas Alexander Hamilton was a poor oversaw the creation of the Coast Guard for The legislative clerk read as follows: teenage immigrant to New York from the law enforcement in territorial waters of the A resolution (S. Res. 472) to honor the peo- West Indian Islands of Nevis and St. Croix; United States; ple of Georgia on the first anniversary of the Whereas in the early days of the Revolu- Whereas in 1798, President John Adams Rose Revolution. tionary War Alexander Hamilton was com- called upon Alexander Hamilton to raise an missioned as a captain and raised and army in preparation for a possible war with There being no objection, the Senate trained his own New York artillery regiment France and, as Inspector General of the proceeded to consider the resolution. and served valiantly in the battles of Long Army, he trained a powerful force of well- Mr. MCCONNELL. Mr. President, I Island and Manhattan; equipped soldiers who were able to help deter ask unanimous consent that the reso- Whereas Alexander Hamilton quickly cap- war at this vulnerable stage in the founding lution be agreed to, the preamble be tured the attention of General George Wash- of the United States; agreed to, the motion to reconsider be ington who made him his aide-de-camp and Whereas throughout the founding era Alex- laid upon the table, and that any state- confidant throughout the most difficult days ander Hamilton was the leading advocate of ments relating to the resolution be of the Revolutionary War; a strong national union led by an efficient Whereas in 1781, Lieutenant Colonel Alex- Federal Government with significant protec- printed in the RECORD. ander Hamilton of the Continental Army led tions for individual liberties; The PRESIDING OFFICER. Without a bold attack of New York troops during the Whereas on July 11, 1804, Alexander Ham- objection, it is so ordered. siege of Yorktown, the decisive and final bat- ilton was fatally wounded in a duel in The resolution (S. Res. 472) was tle of the Revolutionary War; Weehawken, New Jersey at the hands of Vice agreed to. Whereas in 1782, Alexander Hamilton was President Aaron Burr; and The preamble was agreed to. elected as a member of the Continental Con- Whereas Alexander Hamilton died in Man- The resolution, with its preamble, gress from New York; hattan on July 12, 1804, and was eulogized reads as follows: Whereas as a private citizen Alexander across the country as one of the leading vi- Hamilton served many philanthropic causes sionaries of the founding era: Now, therefore, S. RES. 472 and was a co-founder of the New York Manu- be it Whereas, on November 23, 2004, the people mission Society, the first abolitionist orga- Resolved by the Senate (the House of Rep- of Georgia will celebrate the first anniver- nization in New York and a major influence resentatives concurring), That Congress— sary of the Rose Revolution, the peaceful on the abolition of slavery from the State; (1) honors the great importance of the life and bloodless protests that followed par- Whereas Alexander Hamilton was a strong and legacy of Alexander Hamilton to the liamentary elections deemed to be fraudu- and consistent advocate against slavery and United States of America on the bicenten- lent; believed that Blacks and Whites were equal nial of his death; Whereas following the resignation of Presi- citizens and equal in their mental and phys- (2) recognizes the tremendous significance dent Eduard Shevardnadze, Interim Presi- ical faculties; of the contributions of Alexander Hamilton dent Nino Burdzhanadze worked diligently to Whereas Alexander Hamilton was one of to the United States as a soldier, citizen, and restore order and to prepare Georgia for a the first members of the founding generation statesman; and new Presidential election; to call for a convention to drastically revise (3) urges the people of the United States to Whereas after a free, fair, and democratic the Articles of Confederation; share in this commemoration so as to gain a election was held, Mikheil Saakashvili was Whereas Alexander Hamilton joined James greater appreciation of the critical role that sworn into office on January 25, 2004, as Madison in Annapolis, Maryland in 1786 to Alexander Hamilton had in defense of Amer- President of Georgia; officially request that the States call a con- ica’s freedom and the founding of the United Whereas President Saakashvili visited the stitutional convention; States. United States Congress earlier this year and Whereas Alexander Hamilton was elected S. RES. 436 delivered a strong message of peace, sta- as a delegate to the Constitutional Conven- Whereas approximately 80,000 infants, chil- bility, democracy, political reform, and eco- tion of 1787 from New York, where he played dren, teenagers, and young adults of families nomic opportunity; an influential role and was the only delegate living throughout the United States die each Whereas Georgia is a small but strategi- from New York to sign the Constitution; year from myriad causes; cally situated country located in the Whereas Alexander Hamilton was the pri- Whereas the death of an infant, child, teen- Caucasus, and is of additional interest to the mary author of the Federalist Papers, the ager, or young adult of a family is considered United States because of the oil and gas

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pipelines now being constructed from Baku, S. RES. 473 Whereas efforts by national and local offi- Azerbaijan to the port of Ceyhan, Turkey; Whereas the establishment of a demo- cials of Ukraine and others acting at their Whereas Georgia has also become a key cratic, transparent, and fair election process behest to impose obstacles to free assembly, player in the global war on terrorism by for the 2004 Presidential election in Ukraine free speech, and a free and fair political cam- combating members of al Qaeda and other and of a genuinely democratic political sys- paign have taken place in Donetsk, Sumy, Muslim terrorist organizations, denying tem are prerequisites for that country’s full and elsewhere in Ukraine without condemna- them sanctuary in remote areas such as the integration into the Western community of tion or remedial action by the Government Pankisi Gorge, and working with the United nations as an equal member, including into of Ukraine; States to help train border guards; organizations such as the North Atlantic Whereas numerous substantial irregular- Whereas Georgia has recently increased its Treaty Organization (NATO); ities have taken place in recent Ukrainian commitment of troops in Iraq and its con- Whereas the Government of Ukraine has parliamentary by-elections in the Donetsk tributions to help build peace and democracy accepted numerous specific commitments region and in mayoral elections in in Afghanistan and Kosovo; governing the conduct of elections as a par- Mukacheve, Romny, and Krasniy Luch; Whereas the United States supports Geor- ticipating state of the Organization for Secu- Whereas intimidation, violence, and fraud gia’s efforts to peacefully reestablish govern- rity and Cooperation in Europe (OSCE), in- during the April 18, 2004, mayoral election in ment control, security, and political sta- cluding provisions of the Copenhagen Docu- Mukacheve, Ukraine, represent a deliberate bility in regions such as Abkhazia and South ment; attack on the democratic process; Ossetia; Whereas the election of Ukraine’s next Whereas in the period leading to the first Whereas the United States congratulates President will provide an unambiguous test round of the Presidential election, the gov- the Government of Georgia on the peaceful of the extent of the Ukrainian authorities ernment power structures used state re- resolution of the conflict in Adjara and wel- commitment to implement these standards sources such as schools, state factories, hos- comes the restoration of democracy and po- and build a democratic society based on free pitals, and public transport systems to force litical stability in that region; and elections and the rule of law; students, state workers, and citizens who Whereas the United States supports rep- Whereas the second round of the Presi- rely on state services for their livelihood to resentative democracy, political stability, dential election takes place against the campaign against their will for the govern- economic growth, and peace in Georgia and backdrop of past elections and improprieties ment-backed candidate; throughout the Caucasus region: Now, there- in the first round of the election, which did Whereas there was notable partisan en- fore, be it not fully meet international standards; gagement of security services, military, and that the Senate— Whereas it is the duty of government and Resolved, local police in support of the government- (1) congratulates the people of Georgia on public authorities of Ukraine at all levels to backed candidate; the first anniversary of the Rose Revolution, act in a manner consistent with all laws and Whereas there was a failure of national and the peaceful and bloodless protests that fol- regulations governing election procedures, local state-owned and private electronic lowed parliamentary elections deemed to be and to ensure free and fair elections through- media to provide impartial and fair coverage fraudulent, and for their commitment to de- out the entire country, including preventing of, or access to, opposition candidates; mocracy, peace, stability, and economic op- activities aimed at undermining the free ex- Whereas some election commission mem- portunity; ercise of political rights; bers affiliated with opposition candidates (2) commends President Mikheil Whereas a genuinely free and fair election were dismissed from their duties just prior Saakashvili for his vision of, and commit- requires a period of political campaigning to election day; ment to, a peaceful and democratic Georgia, conducted in an environment in which ad- the rule of law, an open market economy, re- ministrative action, violence, intimidation, Whereas there was collaboration with a gional cooperation, and closer integration or detention do not hinder the parties, polit- foreign government to allow a foreign Presi- into western institutions; ical associations, and the candidates from dent to appear in Ukraine and express his (3) supports the sovereignty, independence, presenting their views and qualifications to opinions on one of the candidates just days territorial integrity, and democratic govern- the citizenry, including organizing sup- before election day, in an effort to influence ment of Georgia; and porters, conducting public meetings and the vote, and a military parade, which was (4) supports continued assistance to the events throughout the country, and enjoying held in Kyiv 3 days prior to the election, was people and Government of Georgia to help unimpeded access to television, radio, print, clearly an effort to intimidate voters; and them consolidate the democratic process in and Internet media on a non-discriminatory Whereas in the first round of the Presi- their country. basis; dential election in Ukraine that occurred on Whereas a genuinely free and fair election October 31, 2004, international observers f requires that citizens be guaranteed the noted fraud and other significant problems, URGING THE GOVERNMENT OF right and effective opportunity to exercise including poorly maintained voter lists, UKRAINE TO ENSURE A DEMO- their civil and political rights, including the which resulted in people being denied their CRATIC, TRANSPARENT, AND right to vote and the right to seek and ac- right to vote, as well as many additional quire information upon which to make an in- FAIR ELECTION PROCESS names on voter rolls for which no accounting formed vote, free from intimidation, undue could be made, prevalent interference by un- Mr. MCCONNELL. Mr. President, I influence, attempts at vote buying, threats authorized persons into the electoral proc- ask unanimous consent the Senate pro- of political retribution, or other forms of co- ess, and credible reports of busing of voters ceed to the immediate consideration of ercion by national or local authorities or among oblasts and polling stations for the S. Res. 473, which was submitted ear- others; purpose of multiple voting: Now, therefore, Whereas a genuinely free and fair election be it lier today by Senator MCCAIN. requires government and public authorities The PRESIDING OFFICER. The to ensure that candidates and political par- Resolved, That the Senate— clerk will report the resolution by ties enjoy equal treatment before the law (1) acknowledges and welcomes the strong title. and that government resources are not em- relationship formed between the United The legislative clerk read as follows: ployed to the advantage of individual can- States and Ukraine since the restoration of A resolution (S. Res. 473) urging the Gov- didates or political parties; Ukraine’s independence in 1991; ernment of Ukraine to ensure a democratic, Whereas a genuinely free and fair election (2) recognizes that a precondition for the transparent, and fair election process for the requires the full transparency of laws and full integration of Ukraine into the Western Presidential run-off election on November 21, regulations governing elections, multiparty community of nations, including as an equal 2004. representation on election commissions, and member in institutions such as the North Atlantic Treaty Organization (NATO), is its There being no objection, the Senate unobstructed access by candidates, political parties, and domestic and international ob- establishment of a genuinely democratic po- proceeded to consider the resolution. servers to all election procedures, including litical system; Mr. MCCONNELL. I ask unanimous voting and vote counting in all areas of the (3) expresses its strong and continuing sup- consent the resolution be agreed to, country; port for the efforts of the Ukrainian people the preamble be agreed to, the motion Whereas increasing control and manipula- to establish a full democracy, the rule of to reconsider be laid on the table, and tion of the media by national and local offi- law, and respect for human rights in any statements relating to this matter cials and others acting at their behest raise Ukraine; grave concerns regarding the commitment of (4) urges the Government of Ukraine to be printed in the RECORD. The PRESIDING OFFICER. Without the Ukrainian authorities to free and fair guarantee freedom of association and assem- elections; bly, including the right of candidates, mem- objection, it is so ordered. Whereas efforts by the national authorities bers of political parties, and others to freely The resolution (S. Res. 473) was in Ukraine to limit access to international assemble, to organize and conduct public agreed to. broadcasting, including Radio Liberty and events, and to exercise these and other The preamble was agreed to. the Voice of America, represent an unaccept- rights free from intimidation or harassment The resolution, with its preamble, able infringement on the right of the Ukrain- by local or national officials or others acting reads as follows: ian people to independent information; at their behest;

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.085 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11513 (5) urges the Government of Ukraine to tions on those responsible for encouraging or ZENTZ, which nominations were received by meet its Organization for Security and Co- participating in any efforts to improperly in- the Senate and appeared in the Congres- operation in Europe (OSCE) commitments on fluence the outcome of the election, whether sional Record of October 7, 2004. democratic elections and to address issues through direct or indirect involvement; and previously identified by the Office of Demo- (11) pledges its enduring support and as- f cratic Institutions and Human Rights sistance to the people of Ukraine for the es- (ODIHR) of the OSCE in its final reports on tablishment of a fully free and open demo- NOMINATIONS PLACED ON THE the 2002 parliamentary elections and the 1999 cratic system, the creation of a prosperous CALENDAR Presidential elections, such as illegal inter- free market economy, the establishment of a ference by public authorities in the cam- secure independence and freedom from coer- Mr. MCCONNELL. I further ask paign and a high degree of bias in the media; cion, and Ukraine’s assumption of its right- unanimous consent that the following (6) urges the Ukrainian authorities to en- ful place as a full and equal member of the nominations be discharged from their sure— Western community of democracies. respective committees and that they be (A) the full transparency of election proce- f dures before, during, and after the second placed on the calendar. From the For- round of the 2004 Presidential election; ORDER FOR PRINTING MAIDEN eign Relations Committee, three nomi- (B) free access for Ukrainian and inter- SPEECHES nations to the United Nations that are national election observers; at the desk: PN 1847, PN 1846, PN 1975; Mr. MCCONNELL. Mr. President, I (C) multiparty representation on all elec- from the HELP Committee, seven tion commissions; ask unanimous consent that all maiden speeches by new Senators from the nominations: PN 1722, PN 1651, PN 1623, (D) unimpeded access by all parties and PN 1624, PN 2046, PN 1654, and PN 1509. candidates to print, radio, television, and 108th Congress be printed as a Senate Internet media on a non-discriminatory document, provided further that Sen- I finally ask unanimous consent the basis; ators have until the close of business Senate resume legislative session. (E) freedom of candidates, members of op- tomorrow, Friday, November 19, to The PRESIDING OFFICER. Without position parties, and independent media or- objection, it is so ordered. ganizations from intimidation or harassment submit such statements. The PRESIDING OFFICER. Without by government officials at all levels, includ- f ing selective tax audits and other regulatory objection, it is so ordered. procedures, and in the case of media, license f LEGISLATIVE SESSION revocations, and libel suits; (F) a transparent process for complaint ORDER FOR PRINTING TRIBUTES The PRESIDING OFFICER. Under and appeals through electoral commissions TO RETIRING SENATORS the previous order, the Senate will re- and within the court system that provides Mr. MCCONNELL. Mr. President, I turn to legislative session. timely and effective remedies; ask unanimous consent that there be (G) vigorous prosecution of any individual printed as individual Senate docu- f or organization responsible for violations of election laws or regulations, including the ments, a compilation of materials from application of appropriate administrative or the CONGRESSIONAL RECORD in tribute ORDERS FOR FRIDAY, NOVEMBER criminal penalties; to retiring Senators of the 108th Con- 19, 2004 (H) remedies to all improprieties reported gress. Mr. MCCONNELL. Mr. President, I in the first round of the Presidential election The PRESIDING OFFICER. Without ask unanimous consent that when the in Ukraine, including— objection, it is so ordered. (i) the replacement at a polling station of Senate completes its business today, it f any Territorial Election Commission mem- adjourn until 9:30 a.m. tomorrow, Fri- ber found to have engaged in fraud; EXECUTIVE SESSION day, November 19. I further ask unani- (ii) a complete review of voter lists in each mous consent that following the prayer polling station in order to correct inaccura- and pledge, the morning hour be cies; EXECUTIVE CALENDAR deemed expired, and the Journal of pro- (iii) equal time on state media and equal ceedings be approved to date, the time access to private media for the two runoff Mr. MCCONNELL. I ask unanimous candidates; and consent the Senate proceed to execu- for the two leaders be reserved, and the (iv) immediate prosecution of individuals tive session to consider the following Senate then resume consideration of who have violated the election law; nominations: No. 940, No. 941, and all the conference report to accompany (7) further calls upon the Government of nominations on the Secretary’s desk in H.R. 1047, the miscellaneous tariffs bill, Ukraine to guarantee election monitors from the Navy. provided that there be 30 minutes di- the ODIHR, other participating states of the I ask unanimous consent the nomina- vided with Chairman GRASSLEY in con- OSCE, Ukrainian political parties, represent- tions be confirmed en bloc, the motions trol of 10 minutes, Senator BAUCUS in atives of candidates, nongovernmental orga- nizations, and other private institutions and to reconsider be laid on the table, and control of 10 minutes, Senator FEIN- organizations, both foreign and domestic, the President be immediately notified GOLD for up to 8 minutes, and Senator unobstructed access to all aspects of the of the Senate’s action. KOHL for up to 2 minutes; provided fur- election process, including unimpeded access The PRESIDING OFFICER. Without ther that at the conclusion of that to public campaign events, candidates, news objection, it is so ordered. time the Senate proceed to the cloture media, voting, and post-election tabulation The nominations considered and con- vote on the conference report. of results and processing of election chal- firmed en bloc are as follows: The PRESIDING OFFICER. Without lenges and complaints; EN BLOC objection, it is so ordered. (8) urges the President to fully employ the IN THE AIR FORCE diplomatic and other resources of the Gov- ernment of the United States to encourage The following named officers for appoint- f the Government of Ukraine to ensure that ment in the United States Air Force to the the election laws and procedures of Ukraine grade indicated under title 10, U.S.C., section PROGRAM are faithfully adhered to by all local and na- 624: To be major general Mr. MCCONNELL. Mr. President, to- tional officials, by others acting at their be- morrow the Senate will vote on cloture hest, and by all candidates and parties, dur- Brigadier General John H. Folkerts, 4060 on the miscellaneous tariffs conference ing and subsequent to the Presidential cam- The following named officer for appoint- paign and election-day voting; ment in the United States Air Force to the report. It is our expectation that clo- (9) strongly encourages the President to grade indicated while assigned to a position ture will be invoked by a large margin, clearly communicate to the Government of of importance and responsibility under title and I hope we will complete our work Ukraine, to all parties and candidates in 10, U.S.C., section 601: on this measure in short order. Also, Ukraine, and to the people of Ukraine the To be lieutenant general during tomorrow’s session we are con- high importance attached by the Govern- Lt. Gen. Bruce A. Wright, 5759 tinuing to await the Omnibus appro- ment of the United States to this Presi- priations conference report from the dential campaign as a central factor in de- NOMINATIONS PLACED ON THE SECRETARY’S termining the future relationship between DESK House of Representatives. Finally, we the two countries; IN THE NAVY will also consider the intelligence re- (10) strongly encourages the President to PN2021 NAVY nominations (457) beginning form legislation if it becomes avail- consider visa bans and other targeted sanc- ARMAND P ABAD, and ending MATTHEW P able.

VerDate Aug 04 2004 03:25 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.082 S18PT1 S11514 CONGRESSIONAL RECORD — SENATE November 18, 2004 ADJOURNMENT UNTIL 9:30 A.M. ROBERT DAVILA, OF NEW YORK, TO BE A MEMBER OF SUSAN L. MOORE, OF TEXAS, TO BE AN ALTERNATE THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- REPRESENTATIVE OF THE UNITED STATES OF AMERICA TOMORROW PIRING SEPTEMBER 17, 2006. TO THE FIFTY-NINTH SESSION OF THE GENERAL ASSEM- LINDA WETTERS, OF OHIO, TO BE A MEMBER OF THE BLY OF THE UNITED NATIONS. Mr. MCCONNELL. Mr. President, if NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- there is no further business to come be- ING SEPTEMBER 17, 2006. f JULIA L. WU, OF CALIFORNIA, TO BE A MEMBER OF THE fore the Senate, I ask unanimous con- BOARD OF TRUSTEES OF THE BARRY GOLDWATER CONFIRMATIONS sent that the Senate stand in adjourn- SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUN- DATION FOR A TERM EXPIRING FEBRUARY 4, 2008. Executive nominations confirmed by ment under the previous order. LAURIE STENBERG NICHOLS, OF SOUTH DAKOTA, TO BE There being no objection, the Senate, A MEMBER OF THE BOARD OF TRUSTEES OF THE BARRY the Senate November 18, 2004: GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDU- at 6:49 p.m., adjourned until Friday, CATION FOUNDATION FOR A TERM EXPIRING MARCH 3, IN THE AIR FORCE November 19, 2004, at 9:30 a.m. 2010. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAROL D’AMICO, OF INDIANA, TO BE A MEMBER OF THE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR CATED UNDER TITLE 10, U.S.C., SECTION 624: f EDUCATION SCIENCES FOR A TERM OF TWO YEARS. To be major general DISCHARGED NOMINATIONS the Senate Committee on Foreign Relations was discharged from further BRIGADIER GENERAL JOHN H. FOLKERTS The Senate Committee on Health, consideration of the following nomina- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Education, Labor, and Pensions was IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- tions and the nominations were placed CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE discharged from further consideration on the Executive Calendar: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION of the following nominations and the 601: YOUSIF B. GHAFARI, OF MICHIGAN, TO BE AN ALTER- nominations were placed on the Execu- NATE REPRESENTATIVE OF THE UNITED STATES OF To be lieutenant general tive Calendar: AMERICA TO THE FIFTY-NINTH SESSION OF THE GEN- LT. GEN. BRUCE A. WRIGHT ERAL ASSEMBLY OF THE UNITED NATIONS. EUGENE HICKOK, OF PENNSYLVANIA, TO BE DEPUTY JANE DEE HULL, OF ARIZONA, TO BE A REPRESENTA- NAVY NOMINATIONS BEGINNING ARMAND P ABAD AND SECRETARY OF EDUCATION. TIVE OF THE UNITED STATES OF AMERICA TO THE ENDING MATTHEW P ZENTZ, WHICH NOMINATIONS WERE EDWARD R. MC PHERSON, OF TEXAS, TO BE UNDER SEC- FIFTY-NINTH SESSION OF THE GENERAL ASSEMBLY OF RECEIVED BY THE SENATE AND APPEARED IN THE CON- RETARY OF EDUCATION. THE UNITED NATIONS. GRESSIONAL RECORD ON OCTOBER 7, 2004.

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