December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10899 Republican U.S. Senators since 1877. will pay for wellness instead of com- of the House of Representatives, that I have Beginning in January, we will have the pensating for disease. been served with a subpoena for testimony achievement of U.S. Senators LINDSEY In our bill, we allowed the expansion and documents issued by the Circuit Court of the Sixteenth Judicial Circuit in and for GRAHAM and JIM DEMINT. With Wes- of health savings accounts. Health sav- ings accounts will change the way the Monroe County, Florida. ley’s congressional experience, his After consultation with the Office of Gen- training with Ed Meese at the Heritage next generation approaches paying for eral Counsel, I have determined that compli- Foundation, and his work with the health insurance, giving them far ance with the subpoena is consistent with House Committee on Armed Services, greater power over their own health de- the precedents and privileges of the House. Wesley will assist the Senator to best cisions. Mr. Speaker, today’s seniors, Sincerely, represent the people of South Carolina. next year, will have the missing piece DEBRA MUSGROVE ZIMMERMAN, Wesley Denton, one of five sons of of Medicare when coverage for pre- District Chief of Staff Cassy and Dan Denton of Beaufort, scription drugs begins. for Ileana Ros-Lehtinen. South Carolina, and the newlywed hus- Mr. Speaker, this was indeed land- f mark legislation that passed this band of the former Kari Brooks, is a ANNOUNCEMENT BY THE SPEAKER credit to the people of South Carolina, House a year ago, and I salute those on the committees of jurisdiction that had PRO TEMPORE and I wish him Godspeed. a hand in getting this legislation The SPEAKER pro tempore. Pursu- In conclusion, God bless our troops passed. Every Member of this Congress ant to clause 8 of rule XX, the Chair and we will never forget September 11. and their staffs can be proud of their will postpone further proceedings f accomplishment. today on motions to suspend the rules BIPARTISAN INTELLIGENCE f on which a recorded vote or the yeas REFORM BILL and nays are ordered, or on which the ADMINISTRATION MUST BE HELD vote is objected to under clause 6 of (Ms. SOLIS asked and was given per- ACCOUNTABLE FOR UNJUST WAR rule XX. mission to address the House for 1 IN IRAQ minute and to revise and extend her re- Record votes on postponed questions (Mr. KUCINICH asked and was given will be taken after 6 p.m. today. marks.) permission to address the House for 1 Mr. Speaker, today I rise to ask for minute and to revise and extend his re- f the opportunity to vote on the 9/11 in- marks.) GENERAL LEAVE telligence reform bill, supported both Mr. KUCINICH. Mr. Speaker, nearly by Republicans and Democrats. Smart, Mr. YOUNG of Florida. Mr. Speaker, 1,300 brave American men and women I ask unanimous consent that all Mem- effective intelligence reform, such as have sacrificed their lives in Iraq. Yet this piece of legislation before Con- bers may have 5 legislative days within the central reasons for the U.S. inva- which to revise and extend their re- gress, will help to strengthen our intel- sion have fallen apart: Iraq had noth- ligence agencies and better protect marks and include extraneous material ing to do with 9/11, Iraq had no weapons on House Concurrent Resolution 528, Americans against terrorism. of mass destruction, there is no proof Unfortunately, extreme conserv- and that I may include tabular mate- that Iraq was instrumental with al rial on the same. atives are playing politics with Amer- Qaeda’s role in 9/11, and Iraq was not The SPEAKER pro tempore. Is there ica’s security. They have prevented us trying to get nuclear materials from objection to the request of the gen- from making America safer for our Najir. families because they continue to in- This administration misled the Con- tleman from Florida? sist that the House-passed controver- gress, misled the American people, vio- There was no objection. sial immigration provisions need to be lated international law, directed the f included. The 9/11 Commission has stat- bombings of populated areas causing DIRECTING CLERK OF THE HOUSE ed, and I quote, ‘‘We believe strongly the disruption of water, sewer, and TO MAKE TECHNICAL CORREC- that this bill is not the right occasion electrical service, ordered house-to- TIONS IN ENROLLMENT OF H.R. for tackling controversial immigration house fighting, and now, the civilian 4818 and law enforcement issues.’’ toll, by one account, is over 100,000 I believe with the 9/11 Commission. Iraqi civilians perished. Why? Mr. YOUNG of Florida. Mr. Speaker, The legislation before us has the sup- Freedom, if it is to be obtained any- I move to suspend the rules and concur port of the President, the support of where, must be advanced under the in the Senate amendment to the con- congressional leaders in both the House standard of truth. The Iraqis will not current resolution (H. Con. Res. 528) di- and the Senate, and it is the will of the be handed freedom based on lies, nor recting the Clerk of the House of Rep- 9/11 Commission and the wishes of the will our own Nation preserve our free- resentatives to make technical correc- 9/11 families that Congress pass this doms if we continue to accept the basis tions in the enrollment of the bill H.R. legislation. for our occupation of Iraq. 4818. Let us make America safer and pass This administration must be held ac- The Clerk read as follows: this bipartisan compromise. countable under international law for Senate amendment: At the end of the resolution, insert f the disaster it visited upon Iraq. Only the truth can clean the stain on our the following: ONE-YEAR ANNIVERSARY OF Nation’s conscience. Strike Section 222 of Title II of Division H. MEDICARE MODERNIZATION ACT f The SPEAKER pro tempore. Pursu- (Mr. BURGESS asked and was given COMMUNICATION FROM DISTRICT ant to the rule, the gentleman from permission to address the House for 1 CHIEF OF STAFF OF HONORABLE Florida (Mr. YOUNG) and the gentleman minute and to revise and extend his re- ILEANA ROS-LEHTINEN, MEMBER from Wisconsin (Mr. OBEY) each will marks.) OF CONGRESS control 20 minutes. Mr. BURGESS. Mr. Speaker, we come The Chair recognizes the gentleman The SPEAKER pro tempore laid be- up on the 1-year anniversary of the from Florida (Mr. YOUNG). President signing the Medicare Mod- fore the House the following commu- ernization Act. This is truly an accom- nication from Debra Musgrove Zim- b 1415 plishment of which this Congress can merman, District Chief of Staff of the Mr. YOUNG of Florida. Mr. Speaker, be proud. We begin the process of the Honorable ILEANA ROS-LEHTINEN, Mem- I yield myself such time as I may con- transformation of Medicare. ber of Congress: sume. Mr. Speaker, with the advances in HOUSE OF REPRESENTATIVES, Mr. Speaker, the legislation before medical science, and those that are to November 24, 2004. the House, H. Con. Res. 528, directs the come in fields such as genomics and Hon. J. DENNIS HASTERT, Clerk of the House to make technical Speaker, House of Representatives, protenomics, we are going to see im- Washington, DC. corrections in the enrollment of the proved longevity and improved health DEAR MR. SPEAKER: This is to notify you bill H.R. 4818, the Omnibus Appropria- outcomes. Medicare, for the first time, formally, pursuant to Rule VIII of the Rules tions Act for Fiscal Year 2005. Members

VerDate Aug 04 2004 00:31 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.006 H06PT1 H10900 CONGRESSIONAL RECORD — HOUSE December 6, 2004 may recall that the House passed this I responded by saying the gentleman is cor- Mr. Speaker, I hope as the gentleman resolution, H. Con. Res. 528, along with rect. The Committee on Appropriations needs from Florida (Mr. YOUNG) leaves the the omnibus appropriation bill on No- access to IRS field facilities to do our over- leadership of this committee that we vember 20, 2004. Today we are consid- sight work. That work does not require the might find more outrage when things ering an amendment which was added Committee on Appropriations to review indi- like this happen, regardless of which by the Senate to the concurrent resolu- vidual tax returns under section 6103, but it committee it is. We have to find some tion that would make a further correc- does require access to the facilities. way that staffs cannot legislate for the tion to the omnibus appropriations bill This colloquy can be found on page H10191 House, for the Senate, and for the Con- by deleting section 222 of the bill which of the CONGRESSIONAL RECORD of November gress. We cannot blame staff when we deals with IRS oversight. 20, 2004. give them the authority to do such a I think it is important to take just a Mr. Speaker, I reserve the balance of thing. I do not care whether it is the minute or two to say some things my time. Committee on Ways and Means, Com- about this provision. I explained why Mr. OBEY. Mr. Speaker, I yield 3 mittee on Appropriations or what com- this provision was included, and I in- minutes to the gentleman from New mittee it is, we are losing each and cluded this statement in the CONGRES- York (Mr. RANGEL), the distinguished every day a lot of confidence from the SIONAL RECORD in part of the debate on ranking member of the Committee on voters, and if we start losing them in Ways and Means. the last continuing resolution. I want the taxpayers and, we have a tax- (Mr. RANGEL asked and was given to be clear, though, that the Com- payers’ revolt as well as a political re- permission to revise and extend his re- mittee on Appropriations never had volt, there will be no winners in this any intention to review or investigate marks.) Mr. RANGEL. Mr. Speaker, I do not House, Republicans or Democrats. individual tax returns. That is the pre- Mr. YOUNG of Florida. Mr. Speaker, rogative of the Committee on Ways and stand here to get involved in a jurisdic- tional fight between the Committee on I yield myself 1 minute. Means in the House and the Committee Mr. Speaker, I will say to the gen- on Finance in the Senate. Ways and Means and the Committee on Appropriations, and there is not a tleman that unlike some committees However, it is important to note that in this House who do their work in se- the IRS had requested an increase of Member of this House that I have more respect for than the chairman of the cret, this committee does its work in $500 million, a half a billion dollars, for public, in the open. We may have to their programs and functions in the Committee on Appropriations. We have served together over the years, and work late hours, all night long, week- IRS. The Committee on Appropriations ends, and that is a fact. The fact of the does have an obligation to review and sometimes even forgot we were Repub- lican and Democrat because he has matter is this provision, along with provide oversight of that kind of an ex- every other provision of that section penditure. That was the purpose of the been such a gentleman even when we disagreed on issues. that we are concerned about here, was language. It was never intended to read word for word, comma by comma, have anything to do with individual in- I am just surprised there is not more outrage on the process. Whether it is period by period, by 17 staff members come tax returns. who supposedly reported to their chair- I stated this very clearly in a col- Ways and Means or Appropriations, the men and their ranking members. These loquy with the chairman of the Com- whole idea that a staff member can 17 staff members were Republicans, mittee on Ways and Means. I will also contact the Internal Revenue Service, point out that section 203 of the same and the Internal Revenue Service they were Democrats, they were from division of the bill includes an IRS gen- drafts a provision of law and then the House committee, and they were eral provision which has been carried somehow it finds itself in a conference from the Senate committee, and they for years. The section reads, ‘‘The In- report is something that takes away read the entire section, and they re- ternal Revenue Service shall institute the integrity, and not of the tax-writ- ported to the leadership of their respec- and enforce policies and procedures ing committee or the appropriation tive committees. It was done in public. that will safeguard the confidentiality committee, but the United States Con- We do not do our bills in secret. of taxpayer information.’’ IRS would gress, the House and the Senate. This Mr. OBEY. Mr. Speaker, I yield 1 have had the authority they needed to is outrageous when we are talking minute to the gentleman from New protect taxpayer privacy. about such a sensitive issue. York (Mr. RANGEL). It is an unfortunate set of cir- The United States is one of the few Mr. RANGEL. Mr. Speaker, I would cumstances that have led many to mis- republics which has a democracy which like to say to the gentleman from Flor- interpret the section in question and has a volunteer system for the filing of ida (Chairman YOUNG), stealing in pub- the intent of that section, section 222, income tax. True, we have the threat of lic to me is no different than stealing of the appropriations bill. However, in what happens if a taxpayer is so un- in the middle of the night. If this thing order to eliminate the confusion that lucky that they are audited and found is so repugnant that it is on the sus- has been created around this issue, I to have done something wrong, but the pension calendar to take it out, why is ask that the House agree with the whole basis of the system is having the gentleman so proud that you put it amendment by the Senate to this con- confidence that what you are telling in? current resolution and ask the Mem- them is being held private. It is not too What I am talking about is not the bers to support it. unusual to find things coming into con- gentleman and not this committee, but Before the Omnibus Appropriations ference reports that did not pass the a process that is repugnant to every- bill, which has been passed by the House and did not pass the Senate, but thing that a House Member or Member House and the Senate, but before it can at least the majority has the chutzpah of Congress should believe in. I do not be sent to the President for his signa- enough to waive points of order. At mean to take this out on the gen- ture, this concurrent resolution has to least they say they are cheating and tleman from Florida personally. I said be passed. have already waived the authority of Members should not allow staff to do I would like to read for the RECORD the col- the minority to have any input in what this. If it was read at 3 in the morning loquy I just referenced. they are doing in the conferences wher- or 3 in the afternoon, what difference Mr. THOMAS said, Mr. Chairman, I under- ever they are held. But to say that the does it make? We are taking it out stand section 222 of the Transportation, privacy of filing income tax, and some now, and that means it was wrong to Treasury and Postal title provides the Com- people say they do not know how it got put it in there, and we are proud to mittee on Appropriations with proper access in here, but the IRS certainly knows take it out. IRS facilities for oversight purposes but not how it got in here, and the appropria- Mr. YOUNG of Florida. Mr. Speaker, the ability to examine individual tax returns, tions staff person certainly knows how I yield myself 1 minute to respond to data, or information and that it is the intent of it got in here, the only people who do the gentleman. the Committee on Appropriations that all ac- not know how this happened are Mem- The problem is not in the House. This cess to taxpayer information would remain bers of Congress because we have issue was discussed openly in a col- governed by the disclosure and privacy rules reached a point where we do not read loquy with the chairman of the Com- of section 6103 of the Internal Revenue Code. your bills anymore, we just take your mittee on Ways and Means. We dis- Is that correct? word for it. cussed this issue thoroughly, and we

VerDate Aug 04 2004 00:06 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.010 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10901 made it clear what the intent was. Why of legislative provisions that were in- My concerns have been overshadowed by a we are removing the provision today is cluded in the Transportation and certain tax provision that also appeared in the because the other body amended our Treasury section of the Omnibus Ap- Omnibus. But they are symptoms of the same resolution and said they wanted it out. propriations Act without consulting or disease. We are a bicameral legislature, and we even notifying the committee of juris- It is the willingness of appropriators and have to work with the other body. diction, the Committee on Government their staff to legislate on appropriations bills In fact, this whole comedy of errors Reform. without consulting the committees of jurisdic- of an omnibus appropriations bill We strenuously oppose section 522 re- tion that caused the mess over the ill-consid- would not have happened if the other quiring that each Federal agency have ered tax provision and this trend is the basis body, and I am not allowed by the a privacy officer to carry out duties re- of my concern as well. House rules to say who or what or why, lating to the privacy and protection of The authorizing committees are Congress’s but the other body did not pass their personally identifiable information. experts on the law, and the appropriations bills. These Federal information security process should not be used as an end-run I really get offended when I hear the functions are an intrinsic part of exist- around their consideration. news media reporting the Congress did ing Federal information policy. I recognize that politics and process will not get their job done. The House did. They are the responsibility of the sometimes require that legislation be included The Committee on Appropriations agency chief information officer in the in appropriations; and, passed all of its bills. By the end of agencies. Therefore, privacy officers I have always been willing to work with ap- July, we had all of our bills reported, are unnecessary. They are duplicative, propriators to include suitable legislation in and we had all but one through the and it is confusing. their bills. Looking forward to next Congress, House floor, and that one could have Further, section 522 attempts to ad- it is my hope that this episode will inspire a gone through the House floor, but we dress information security concerns greater willingness on the part of the appropri- were not given time to do it on the that are already addressed in the Fed- ators and their staffs to consult and cooperate floor. The other body did not do their eral Information Security Management with the authorizers before legislating on ap- job, so we had to do this omnibus pack- Act, the Clinger-Cohen Act, the Elec- propriations acts. age rather than doing 13 separate bills. tronic Government Act, and the Paper- Finally, I ask for the appropriators support in There is the answer to the gentleman’s work Reduction Act. These laws are repealing the badly considered Chief Privacy question. currently implemented by Federal Officer provision that was surreptitiously in- Mr. OBEY. Mr. Speaker, I yield my- agencies. 1 cluded in the Omnibus at the 11th hour. self 1 ⁄2 minutes. Section 522 merely creates a layer of Mr. Speaker, it is ironic that we have bureaucracy that contradicts existing an argument going between two gentle- b 1430 Federal information policy currently men, neither of whom who had any re- executed by the CIOs. Mr. OBEY. Mr. Speaker, I yield 2 sponsibility for the problem that oc- The Committee on Government Re- minutes to the gentlewoman from Cali- curred. fornia (Ms. PELOSI), the distinguished The responsibility for this problem form and Federal agencies have worked hard to ensure the Federal Government minority leader. lies squarely on the shoulders of the Ms. PELOSI. Mr. Speaker, I thank majority party leadership because they has coherent information security poli- cies and guidelines in place. Section 522 our distinguished ranking member, the knew that they could not bring their gentleman from Wisconsin (Mr. OBEY), appropriation bills to the floor in the reverses the progress the Federal Gov- ernment has made to modernize itself for yielding me this time and once Senate and pass them before the elec- again commend him and the gentleman tion, so they created the situation in in order to function more efficiently and cost-effectively in a digital age. from Florida (Mr. YOUNG), our chair- which, after the election, all of these man, for their service and leadership to appropriation bills were jammed to- In addition, this section is a fine ex- ample of legislating on appropriation our country and this Congress. gether. They were then dealt with by Mr. Speaker, 16 days have come and the staff night after night. The staff bills. But worse, there was no attempt gone since this House passed the omni- worked with no sleep, and, as a result, to even discuss this provision with our bus appropriations bill. Yet not one language that should have been caught committee, the committee with juris- Member of Congress is willing to take and corrected was not corrected. diction over Federal information pol- That is what happens when Members icy. For years we have performed an responsibility for jeopardizing the pri- do not respect the processes of the aggressive legislative and oversight vacy of more than 180 million Amer- House. That is what happens when you agenda. ican taxpayers. Instead, a Republican do not give Members of the majority or We have introduced a bill now to re- staff member came forward late last minority enough time to actually peal this section, but the disregard for week stating that he inserted the pro- know what they are doing. The House the committee of jurisdiction in this vision without mentioning it to the Re- has egg on its face because the major- section of the omnibus did not stop publican Member of Congress who em- ity party leadership had an agenda on there. In July, the gentleman from In- ployed him. Success, it is said, has appropriation bills that precluded their diana (Mr. SOUDER) and the gentleman many fathers, but failure is an orphan. ability to get votes for them in the from Connecticut (Mr. SHAYS) on be- Let us be clear, this assault on the other body until after the election. half of the Committee on Government privacy of America’s taxpayers has That is a sad fact as to what happened, Reform raised and the Chair sustained failed because it is an outrage to the and the way to correct this is to see 12 points of order against legislative American people and to most of the that we have enough time to do our provisions in the Transportation and Members of this body. From the Con- jobs, that we quit suspending the rules Treasury Appropriations Act. Nine of stitution’s protections of freedom of around here so Members have enough these were rewritten in the omnibus, in association and political expression to time to read conference reports, and we violation of House rules, without con- its protection against unlawful make compromises ahead of time so sulting our committee, and despite our searches and self-incrimination, our the House can get its appropriations requests that these provisions not be citizens expect and deserve a govern- work done in an orderly way. That is reinserted including: ment that respects their privacy and what has been sadly lacking over the 1. An amendment that runs contrary to the does not discriminate against them on past year. reauthorization of the Drug Control Policy Act the basis of political beliefs. Mr. YOUNG of Florida. Mr. Speaker, passed by the House last year; and Yet the provision we are repealing I yield 2 minutes to the gentleman 2. Several legislative provisions that will add today would have granted sweeping au- from Virginia (Mr. TOM DAVIS). unneeded red tape and expense to the Fed- thority to the appropriations com- (Mr. TOM DAVIS of Virginia asked eral procurement process. mittee chairmen and their staffs to re- and was given permission to revise and What does it say about our institutional in- view individual tax returns without the extend his remarks.) tegrity, our rules, ours state of affairs, when restrictions in current law that make Mr. TOM DAVIS of Virginia. Mr. points of order are sustained and subse- it a crime to use private tax informa- Speaker, I rise today to oppose a series quently ignored. tion improperly. As a result, private

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.014 H06PT1 H10902 CONGRESSIONAL RECORD — HOUSE December 6, 2004 taxpayer information would be vulner- obey its own current rules that require ten by Dan Morgan in describing the able to unwarranted scrutiny, and tax- Members of Congress be given at least situation. That paragraph in Mr. Mor- payers would have no resource or as- 3 days to read legislation before voting gan’s story reads as follows: surance against the improper use of on it. That is a rule of the House for all ‘‘But a reconstruction of what hap- their private financial information. legislation. Why would it not be even pened suggests less a sinister con- This sweeping disregard for the protec- more important for a 3,000-page bill spiracy than problems arising from the tion of taxpayer privacy is deeply trou- containing nine appropriations bills, legislative practices of the present bling and all too familiar. the omnibus bill, that had other extra- Congress, in which sleep-deprived staff- Just 30 years ago, the Judiciary Com- neous matter in it as we can see? Be- ers often take on much of the burden of mittee of this House, on a bipartisan fore us today is again what can happen writing major bills under deadline basis, voted to impeach President when slight deviations from legal pressure, and legislation drafted in se- Nixon for violating the Constitution, modes of procedure are allowed to go cret is rushed through both Chambers including using the Internal Revenue forward. before lawmakers, let alone the general Service to persecute those on his en- I urge my colleagues to remove this public, have a chance for review. emies list. Article two of the Articles taxpayer privacy persecution provision ‘‘Senator KENT CONRAD, ranking of Impeachment specifically stated and to demand an end to the irrespon- Democrat on the Budget Committee, that President Nixon endeavored to ob- sible use of martial law rules. Only if warned that ‘something really seri- tain from the Internal Revenue Serv- we determine to obey the rules of the ously bad is going to happen if we let ice, in violation of the constitutional House can we truly expect the Amer- this continue.’ Senator JOHN MCCAIN rights of citizens, confidential informa- ican people to think that we realized said, ‘This process is broken.’’’ tion contained in income tax returns. what happened in this bill was wrong So says the story in The Post. This disgraceful episode is a sad part and we are determined that it will not I think that story is accurate. And I of our history, but it was not all that happen again. would point out that when we have leg- long ago. Many of us remember. In Mr. Speaker, I urge our colleagues to islation that is produced under those fact, the distinguished ranking member support the provision that is before us conditions and then when that legisla- of the Committee on Ways and Means, today. tion is brought to the floor under con- the gentleman from New York (Mr. Mr. OBEY. Mr. Speaker, I yield my- ditions in which the rules of the House RANGEL), and the distinguished rank- self the balance of my time. are suspended so that Members do not ing member of the Committee on the Mr. Speaker, this is an extremely re- have the normal time to look at a bill, Judiciary, the gentleman from Michi- grettable incident. The House is gath- what happens is that there are items in gan (Mr. CONYERS), were both serving ered here today, long after the session the bill that are not only hidden from on the Judiciary Committee in 1974, is supposed to be over, because we had members of the opposition party; there and they continue to serve here, obvi- language inserted in an appropriation are items in the bill that are hidden ously, today. We are grateful for their bill which, if read on its face, would from the majority’s own caucus. steadfast courage and determination in create a grave threat to the privacy of I think that rank-and-file Members defending our Constitution. They know individual taxpayers. I am personally of both parties are grossly disserved, that it is our constant duty to protect confident that that was not what was and I think the appropriations com- and defend our civil liberties, our free- meant. I do not believe that this lan- mittee is grossly disserved when we are doms, and the Constitution of the guage has been placed in this omnibus not given sufficient time to review ac- United States. That is the oath of of- appropriations bill because of any con- tions taken by staff and to review ac- fice that we take, and we must never spiracy to invade privacy. I do not be- tions taken by conferees. let our guard down. lieve that at all. This is supposed to be the greatest Lacking the support of a majority of I do believe, however, that the House deliberative body in the world. It is a this body, this assault on taxpayer pri- has been operating under a different far cry from that when you are asked vacy was possible only because of the kind of conspiracy and that has been a to swallow 3,000 pages, when a bill is Republicans’ repeated willingness to conspiracy to, in essence, shut down filed at 1 o’clock in the morning and abuse their power. My colleagues, as the congressional consideration of ap- then brought to a floor vote with no we all know, the rules of this House propriation bills until after the elec- opportunity to really read the fine mandate that Members be given a min- tion because of the knowledge on the print. imum of 3 days to review legislation. part of the majority party leadership So I simply think, Mr. Speaker, that That is a rule of the House. Yet the Re- that the funding levels for a variety of the way to gain something out of this publican leadership frequently resorts programs were so tight in areas such as experience is to determine that in the to the use of martial law to push education and science and health that future we are not going to suspend the through legislation by requiring a the leadership knew that those votes rules on massive appropriation bills; same-day vote. In the 108th Congress could not pass the Senate before the that we are going to allow people to alone, the Republican leadership pro- election. And then after the election, have the time to review the contents. posed same-day votes nearly 30 times. the appropriations committee, its But even more importantly, there This excessive use of martial law rules members and its staff, were then given needs to be a determination to begin subverts the will of Congress by deny- marching orders to produce bills in vir- the process with a realistic budget res- ing Members the opportunity to exam- tually no time. Those bills were then olution so that the majority party can ine critical legislation, thus allowing brought to the floor. bring its bills to the floor and pass egregious measures such as the tax- This is the report, the conference re- them. I am probably not going to like payer privacy persecution provision to port, now some 3,000 pages of original the priorities in those bills. But the pass. It was only caught in the Senate text. Those bills were brought to the House is better served and Members of because they had more time to review floor with no opportunity for any Mem- both parties are better served when the legislation. ber, including the gentleman from there is an orderly process so that we Mr. Speaker, the Supreme Court Florida and myself as the chairman can debate these differences honestly. noted in an 1886 forfeiture case that il- and ranking member of the committee, Right now we are all paying a price and legitimate and unconstitutional prac- to actually take the time to review this institution is paying a price be- tices get their first footing by silent what was in the language of all 3,000 cause that has not happened in the past approaches and slight deviations from pages and the language was produced year. I have made quite clear where I legal modes of procedure. Before us by staff that was sleep-deprived, har- think the responsibility for that lies. today is a glaring example of what can ried and harassed and under orders Mr. Speaker, I would simply ask happen when slight deviations from only to get the job done within a cer- Members to remember this incident legal modes of procedure are allowed to tain time window laid out by the ma- when we vote on rules changes for the go forward. To prevent future instances jority party leadership. coming Congress. I would ask Members of hasty and dangerous decision-mak- The Washington Post contained the to remember that there are reasons ing, the House of Representatives must following paragraph in an article writ- why we should not suspend these rules.

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.047 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10903 If it is important for us to pass some- passed it with approximately 60 votes. come-tax return. The Senate passed the reso- thing quickly and if there is bipartisan The bill has passed. What we are deal- lution after the discovery of that provision led agreement on that necessity, you can ing with now is a technical correction. the chairman of their Appropriations Com- get two-thirds to bring up these bills. We have all agreed to it. We just ought mittee to publicly apologize and after it was Many times we have cooperated proce- to go ahead and do it, get the bill agreed that the appropriations bill itself would durally to move appropriation bills for- transmitted down to the President, and not be sent to the President until the deletion ward, but we need to have the safety clear the decks so that the new Con- was made. valve of those rules in order to prevent gress and the new administration, can Certainly this was an embarrassing develop- future mistakes like this which embar- start with a clean slate. ment. But it should not have come as much of rass the institution. Hopefully there will be decisions a surprise, because it was the result of a And so, Mr. Speaker, I would hope made that will allow the appropria- badly flawed process. that we remember that when we are tions and budget process to work more Rolling together nine separate appropria- asked to vote on rules changes at the effectively. There are some who say tions measures—including one that had not beginning of the next Congress. that the process is broken. I disagree been considered by either chamber and sev- Mr. Speaker, I yield back the balance with that. I do not think the process is eral that had been considered only by the of my time. broken, because the House passed all of House—is not the way Congress should do its Mr. YOUNG of Florida. Mr. Speaker, our bills. What broke down was the op- work. And, as in previous years, the Repub- I yield myself the balance of my time. portunity to go to conference with the lican leadership made things outrageously Mr. Speaker, we understand the prob- other body, because they did not pass worse by rushing the massive measure to the lems that have been created here, their bills. floor under a ‘‘martial law’’ rule that prevented mainly confusion. I certainly endorse The budget process might also be a Members from having time to carefully review what the gentleman from Wisconsin little bent out of shape because we its thousands of pages. has said about how this came about have not had a budget in a couple of That was the situation that faced us on No- and what the intent was. The intent years. The gentleman from Iowa vember 20th, when the House took up the was to provide the proper oversight of (Chairman NUSSLE) deserves credit. He measure, and when each of us had to decide a half-a-billion-dollar request for an in- passed a resolution in the House set- whether to support or oppose its passage. crease in an agency’s budget. But this ting a budget, but, again, there was I finally decided to support it, but the deci- is not the best way to do business. never any conference agreement with sion was not an easy one and came only after b 1445 the Senate to bring that budget for- as much review as my staff and I could give An omnibus appropriations bill is the ward and to have the full force of a to the measure and after giving serious con- last thing you want to do to get the ap- budget. sideration to voting against it. propriations bills passed. So in the House we deemed the budg- On the one hand, a review of the measure Now, appropriations bills have to et number to be that as the House showed that its enactment would have many pass. You cannot adjourn and not com- passed it, and the Committee on Appro- benefits for Colorado and the country. plete the appropriations bills, because priations, the gentleman from Wis- For example, its enactment would assure then the government shuts down. I am consin (Mr. OBEY), although we had dif- that the cleanup of the Rocky Flats site would happy and proud to say during my ferent approaches, we worked hard to be able to stay on the schedule that aims for chairmanship, on my watch, we did not stay within that budget number. completion and closure by the beginning of have any government shutdowns, we Mr. Speaker, we stayed within the 2006, and that there would be funds for much- did not have any appropriations bills budget. We did not exceed the budget. needed work at the NIST laboratories in Boul- vetoed, and we had pretty good votes The omnibus bill does not violate the der. on most all of the appropriations bills. budget as deemed by the House. But it It also would mean that the Interior Depart- In fact, this year we never got less would be far better if we could have the ment could complete the purchase of the than 300 votes on an appropriations bill budget process work to the point that lands in the San Luis Valley that will become in the House. That is not a bad record. the House would pass it, the Senate the new Baca National Wildlife Refuge adjoin- The reason that the gentleman from would pass it, we would conference it, ing the newly designated Great Sand Dunes Wisconsin (Mr. OBEY) and I both pushed and then both of us work from the National Park. It would mean that other Colo- our subcommittees, majority and mi- same budget. rado lands could be added to the national for- nority Members, so hard to get our We had to end up with the same num- ests, including more of the lands in the Beaver work done on time was to avoid an om- ber on appropriations bills, and the Brook watershed that the City of Golden is nibus appropriations bill, and we did way we did it was to have this omnibus eager to sell for that purpose as well as the that. The last bill of the 13 bills was re- appropriations bill. Miller tract near Grand Lake and other sen- ported by the House Committee on Ap- Mr. Speaker, as a member of the sitive lands in other parts of the state. And it propriations on July 22, 41⁄2 months Committee on Appropriations, you would provide other needed funds for ongoing ago, the final bill. The last bill that we know how hard I pushed to get this work related to federal lands or other natural passed in the House was September 22, work done. And we did our job. I am resources in our state being done by the Na- 21⁄2 months ago. proud of this House, and I am proud of tional Park Service, the Fish and Wildlife Serv- The thirteenth bill would have also the Committee on Appropriations, on ice, the Bureau of Land Management, the Bu- been passed that same month, except both sides of the aisle. We did our job. reau of Reclamation, and the Army Corps of we were not given time to put the bill But we are part of a bicameral legisla- Engineers. on the floor. The House would have had ture. The saying is, ‘‘It takes two to In addition, it would provide funds for impor- its job completed. Then we could have tango.’’ Well, it takes two Houses to tant projects for the benefit of many Colorado paid attention to 13 bills, each one in- appropriate. That has been one of our communities—including Boulder, Eldorado dividually, each one separately, so problems. Springs, Idaho Springs, to mention only some there would have been time to have a There is a lot more I would like to in the Second Congressional District—and in- more thorough evaluation of what was say about this, but I am not going to. stitutions, including National Jewish and Avista in those bills. It is time to get rid of this resolution, Hospitals, the Bonfils Blood Center, and the But, the other body would not pass H. Con. Resolution 528, and allow this National Sports Center for the Disabled. their bills. They would not put them on appropriations bill to be transmitted to Further, both our Nation’s leadership in the floor, for whatever reason. So there the President. science and Colorado firms would benefit from were nine bills in this omnibus appro- Mr. UDALL of Colorado. Mr. Speaker, I will the $291 million to be used by NASA for serv- priations bill. It was a bad way to do support this resolution. But the fact we are icing the Hubble space telescope—which the business, but it was the only alter- considering it should be a source of embar- statement of managers said ‘‘should be one of native left to us in order to get the job rassment for our Republican colleagues and NASA’s highest priorities’’—and from the bill’s finished in the time that we had to get their leaders. provision of $28.2 million for the space grant it done. The resolution would delete from the omni- program. And I was encouraged by the The bill itself has passed. The House bus appropriations bill a provision that would amounts the bill would provide for renewable passed it with 344 votes. The Senate put at risk the privacy of every American’s in- energy research and development—including

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 4636 Sfmt 9920 E:\CR\FM\K06DE7.046 H06PT1 H10904 CONGRESSIONAL RECORD — HOUSE December 6, 2004 $4.8 million for the National Renewable En- serted with the knowledge of only a handful of An expansion of H–1Bs is not necessary. ergy Laboratory (NREL) as well as an addi- individuals in this body that would have seri- There is no evidence of a shortage of qualified tional $6.7 for construction of NREL’s Science ously undermined the privacy rights of all American workers. Even Bureau of Labor Sta- and Technology facility—and for research re- American taxpayers. tistics data compiled by the Bush administra- garding abrupt climate change. We find ourselves in this situation because tion show rising unemployment among Amer- I wanted to support these provisions, par- of the mismanagement of the Congress and ican engineers and computer scientists. In ticularly because many of them would not the federal budget process by the majority in fact, for the first time in more than 30 years, have been included in a long-term continuing the House. The Congress never passed a the unemployment rate for tech workers is resolution that was the most likely substitute if budget this year. That led to the total implo- higher than the overall jobless rate. This pool the omnibus bill did not pass. sion of the annual appropriations process. of American workers should be tapped first On the other hand, I was sure that any ap- Only two bills were approved by Congress and before even considering an expansion of the propriations bill with such a large number of signed into law by the start of the 2005 fiscal H–1B program. specifically-earmarked funds must include allo- year on October 1, 2004. Two additional bills Further, there is growing evidence that the cations for low priority projects or questionable were approved in mid-October. importation of foreign workers is driving down purposes—something of particular concern The remaining nine bills totaling hundreds of the wages of American workers. when the federal government is operating in billions of dollars and running more than 3,000 Given all of these obvious negatives, there the red. pages in length were cobbled together behind are a significant number of members on both Further, the conference report retained an closed doors by just a few staff members with sides of the aisle who are concerned about objectionable provision that would allow vir- oversight by just a couple of Republican lead- expanding the H–1B program and feel strongly tually any health care entity to refuse to pro- ers in Congress. The text of this monstrosity that this is an issue of protecting American vide, cover, pay for, or even refer patients for was brought to the House floor only a few jobs and American workers’ standard of living. abortion services, even when such actions are hours prior to the vote on Saturday, November I am also disappointed that the House lead- otherwise legally mandated by the federal or a 20th. That is clearly not enough time for any ership included in this omnibus a 10-year au- state government. The same provision also of us to read the bill, understand it, and en- thorization for new and more expansive recre- would allow health care providers who receive sure tax dollars are being spent wisely. ation fee taxes for use of public land. The public money to refuse to provide women with Despite this ridiculous process, I voted in original Recreation Fee Demonstration pro- unintended pregnancies information con- favor of the bill because the alternative would gram was established by a rider to the 1996 cerning all their legal options. I thought this have hurt the people I represent in Oregon. Interior appropriations bill. Since its establish- provision should not have been included. In The alternative to the omnibus was to fund vir- ment, fee demonstration has been amended another problematic provision, the bill cuts tually the entire Federal Government on auto- or extended numerous times, but has never funding for NREL’s photovoltaics program, pilot for the next year via a continuing resolu- gone through the proper authorizing process. tion. This would have negated the increased which could mean a loss of as many as 40 Now, Congress is prepared to adopt a 10-year funding in the omnibus for veterans at a time jobs at NREL. This would be a devastating authorization through back channels, even when thousands of troops are returning home loss for the development of PV technology, for though it has never been taken up by the full from Iraq and Afghanistan, threatening to NREL overall, and for Colorado. House, and is opposed by the committees of And I was very concerned that there was a overwhelm the VA health care system. jurisdiction in the Senate. There is also strong It also would have meant Oregon would distinct possibility that by voting for the bill I opposition in the House from Members of both lose millions of dollars I secured in the omni- would be supporting other new legislation parties who serve on the committees of juris- bus for critical infrastructure projects, including whose specific details—and possibly objec- diction. projects at the North Bend Airport; the Port of Fees for dispersed recreation on public tionable features—I would only be apparent if Brookings; transportation improvements like lands amounts to nothing more than a stealth there were more adequate time to review the the Coburg/I–5 Interchange; and water infra- double tax for hikers, hunters, picnickers, or bill. structure projects for Sweet Home, Coburg, anyone wishing to spend a day at the beach The fact that the bill included the tax-return and Coquille. or in the forest with their family. An omnibus provision addressed by the resolution before So, while I supported the omnibus because appropriations bill is not the place to impose us today shows this concern was well-found- it is beneficial for Oregon, I would urge the increased taxes on Americans. ed. And I would have been even more appre- House Republican leadership to never again Besides, the land management agencies hensive if I had known that the statement of bring a bill to the House floor under these cir- have utterly failed to demonstrate that they de- managers not only failed to fully explain many cumstances. Never again should the federal serve an expanded fee program. Within the provisions, but in some instances was com- budget process be allowed to implode as it did Forest Service, for example, only 50 cents of pletely silent about important parts of the bill. this year. Never again should the House lead- every dollar collected actually goes toward For example, the statement of managers ership bring a bill to the floor that is drafted maintaining or improving our public lands, the omitted any mention of the fact that the bill in- behind closed doors by only a few Members purpose for which Congress originally des- cluded legislation for a full decade’s extension and staff. Never again should the House lead- ignated the fees. The rest is eaten up by ad- of the recreation-fee demonstration program— ership bring a bill to the floor with no time for ministrative and collection costs. Losing 50 legislation that I had opposed when it was Members to actually read what they will be percent of funds to overhead signals that this considered by the Resources Committee and voting on. is not an effective government program. In ad- that in my opinion should not have been a part Finally, while I am pleased we have the op- dition, the Forest Service doesn’t know if of any appropriations bill. portunity to belatedly remove the provision these taxes are helping to relieve the mainte- Finally, after as careful a review as possible from the omnibus that undermines taxpayer nance backlog, or even to what extent it has under the circumstances and after weighing privacy, I am disappointed that two other pro- a maintenance program. the decision carefully, I decided to vote for the visions I asked the House leadership to This body should be ashamed of the proc- omnibus bill despite the defects that I recog- schedule separate votes on will be allowed to ess under which this legislation was drafted nized and likelihood that there were others I remain in the bill without any further consider- and brought to the floor. The American people had not found. ation. These controversial provisions—one of deserve better from this Congress. I will stand by that vote. The decision was which will expand the number of immigrants Ms. WOOLSEY. Mr. Speaker, today we are mine and I recognize that I am accountable to allowed into the United States under H–1B removing language that allows Appropriations my constituents for it. But I object to the cir- visas, the other which imposes a recreation Committee members and their staff to look at cumstances under which that vote was cast— tax on citizens using public lands—should be citizen’s tax returns. This language was in a and my objections have only become stronger considered on their own merits rather than 3,500 page spending bill, which Members only in the time between that vote and the one that rolling them into a must-pass measure. had hours to review before voting. Privacy we will cast on the resolution to remedy one— With respect to the immigration provision, was at stake here and it is right to correct this but hardly all—of the omnibus bill’s flaws. under current law, businesses are limited to wrong. Mr. DEFAZIO. Mr. Speaker, I want to com- hiring no more than 65,000 workers annually But another provision in this bill also threat- ment on the extraordinary situation in which through the H–1B visa program. A provision in ens privacy. The privacy of women and their we find ourselves today. We’re debating a res- the omnibus will allow multinational corpora- conversations with their doctors. The Federal olution to belatedly strike a provision from the tions to make an end run around this cap to Refusal Clause language inserted in this bill fiscal year 2005 omnibus appropriations act hire up to 20,000 additional foreign workers for robs women of their right to access com- because there was a provision in the bill in- employment in the United States. prehensive health care. No matter how you

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4636 Sfmt 9920 E:\CR\FM\A06DE7.037 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10905 look at it, this provision goes one step further Things like this should not be blamed on amendment,’’ which changed the INS interpre- by making it impossible for women to exercise one person. Multiple congressional staff, in tation of the law, so that refugees who are their reproductive choices and once again both parties and both houses of Congress, survivors of re-education camps can once subjects them to the wrath of the anti-choice had the opportunity to catch this and to fix it. again be accompanied by the unmarried sons movement. This was a misguided measure But when haste and weariness set in, the and daughters. that has dangerous implications for women’s error wasn’t caught until after the bill had been The latest extension of the McCain amend- reproductive health and for our health care filed with the House clerk. ment expired on September 20, 2001. Hence, system as a whole. If we were truly correcting Yes, this was a sad and embarrassing I introduced and Congress passed H.R. 1840 the bad policy inserted in this bill we would be event. But the problem was caught and it’s in the 107th Congress to reauthorize the removing this language as well. being fixed before that provision could ever McCain amendment through September 30, Mr. Speaker, our constituents want us to get become law. What would be sadder and more 2003. The original language did not apply to it right the first time around. Let’s not make a embarrassing is if we failed to learn lessons, children who were mistakenly rejected before mistake now that we have a second chance. to make sure that something like this never April 1, 1995, for reasons other than age. I urge my colleagues to support the removal of happens again. Even if new evidence surfaced that showed this anti-choice, anti-privacy language. Mr. TOM DAVIS of Virginia. Mr. Speaker, I someone rejected before 1995 was actually Mr. GREEN of Wisconsin. Mr. Speaker, I rise today with great delight to announce the the child of a refugee, families had no re- support this provision to strike the insertion in FY2005 omnibus appropriations package that course to challenge the decision. The original the omnibus appropriations bill, which allows is scheduled to be approved by Congress language also excluded refugee sons and Appropriations Committee Congressional staff today includes the text of legislation I au- daughters who were denied access to an INS to review individual tax returns. thored, H.R. 2792, that reauthorizes refugee interview by corrupt and/or vindictive Com- However, I strongly protest the insertion into eligibility for children of Vietnamese re-edu- munist officials who often serve as gate- the omnibus-spending bill of a provisions that cation camp survivors. keepers for the U.S. refugee program. My bill essentially eliminates the Federal Prison In- The Communist government of Vietnam, by fixed these problems. In addition, the legisla- dustries Program. This provision was inserted its actions in imprisoning Catholic priests, Bud- tion permitted unmarried children over the age into the 3,000-plus page spending bill without dhist monks, and ordinary citizens whose only of 21 to immigrate to the United States even the knowledge of most Members and without crime is to speak out for freedom and democ- if the surviving parent is currently living in the an opportunity for the House to remove or racy, is saying loudly and clearly and consist- United States. modify it. This provision was stricken from the ently to the United States: We want your in- Mr. Speaker, today I stand here before you House to remove or modify it. This provision vestment dollars, and we are willing to learn as this important provision has once again ex- was stricken from the House Transportation, from your economic system; but your values pired. Fortunately, with the help of Senator Treasury and Independent Agencies appro- of religious and political freedom are not wel- JOHN MCCAIN (R–AZ), the text of H.R. 2792, priations bill because it was found to violate come. which extends this provision until September House rules of legislating on an appropriations We need to do more to respond to this mes- 30, 2005, was added to the FY2005 omnibus bill. This provision should not have been in- sage of oppression with our own message of appropriations package that we are set to ap- serted into the omnibus bill when neither the freedom. Human rights need to be central to prove today. House nor Senate passed this measure. The our foreign policy toward Vietnam. One small H.R. 2792 is a fair and equitable bill that opponents of FPI are trying to achieve through step we can take is to save as many as pos- provides family reunification and allows us to the back door what they could not achieve in sible of the people who are still being per- keep our promise to the people who fought the normal legislative process. It is wrong and secuted by the Communist authorities be- alongside U.S. troops during the Vietnam war. certainly anti-democratic. cause of their wartime associations with the Their courage and valor must never be forgot- Mr. ISTOOK. Mr. Speaker, I support this United States or simply because they share ten. resolution. The mistake it corrects was actually I want to thank Senator MCCAIN for his lead- our values. caught before the appropriations bill left the ership and his staff for their assistance in Until April 1, 1995, former Vietnamese pris- House, and a commitment to correct it was passing the H.R. 2792 language. Furthermore, oners of war who were accepted for resettle- made before the House ever voted on that bill. I would like to thank the co sponsors of my bill ment by the United States as refugees could It wasn’t necessary for House Members to Representatives ZOE LOFGREN, CHRIS SMITH, bring their sons and daughters, even those return to Washington for this vote; the mistake JIM MORAN, and LORETTA SANCHEZ who have above the age of 21, so long as they had could have and would have been corrected al- given this issue their steadfast support. most 2 weeks ago under a unanimous con- never married and were members of the ref- Mr. BACA. Mr. Speaker, I respectfully re- sent request. That would have been simpler ugee parent’s household. On April 1, 1995, quest to be excused from the floor, on Mon- and better, and would have involved less polit- the Immigration and Naturalization Service day, December 6, 2004, on legislative and ical posturing than we’ve heard. (INS) changed its interpretation of the law, to personal business. I will be present on Tues- I’m satisfied it was an honest error, although exclude children who were over 21, even if day, and the balance of the week, and I will a significant one. Those who claim this is part they were unmarried and living with their par- be able to participate in the key votes that are of some sinister plot to snoop into tax returns ents. This change in policy forced a brutal expected during that time. are just wrong; they’re pushing one of those choice on ex-political prisoners: either decline The reason for my absence on Monday is ‘‘black helicopter’’ conspiracy theories. the opportunity to find freedom in the United that I have been invited—as a proud parent, Of course, we never should have had this States, or abandon their children in a country and Congressman from the Inland Empire—to problem. We can and should take these three that has persecuted them. attend the swearing in of my son, Joe Jr., as steps to avoid any recurrence: For South Vietnamese combat veterans and a member of the California State Assembly. (1) Get the other body to help us to move others who had suffered with their children This moment is very significant, because this the spending bills on-schedule, so we can long terms in re-education camps because of is the same seat I held when I represented the avoid the big omnibus bills that generate prob- their wartime associations with the United Inland Empire in the state Assembly. I am lems. States, this imposed a particularly harsh bur- sure you will join in my immense pride and joy (2) Avoid the late-session rush to get out-of- den. These children had already been without I have as a father, on this historic occasion— town, which also pushes decision-making into their fathers while they were in re-education one that reflects the continued ascendancy of the wee hours when people are weary, and camps, in some cases for 10 or 15 years. Hispanics into leadership ranks, as well as the more prone to make mistakes. Then the refugees were given a choice be- political coming of age of the next generation. (3) We should always be able to trace clear- tween living forever under a Communist dicta- I understand that, at present, leadership has ly the authorship of every provision in every torship or leaving their children behind when no plans to being up on Monday the 9/11 Im- bill. Every committee should enforce a require- they immigrated to the United States. These plementation Act, and Democrats are not ment that no congressional staffer should take children are marked as members of a whipping attendance for the suspension items it on themselves to insert any language—even ‘‘counterrevolutionary family’’ and denied edu- on Monday, but I remain in ongoing commu- supposedly minor language—that has not cational and employment opportunities by the nication with, and at the disposal of, the been cleared by the appropriate members of government of Vietnam. They would certainly Democratic leadership team, should the situa- the House. Certainly that violates the standing go on suffering in Vietnam because of their tion change. orders that I have always given to staff; I’ve family’s participation in the war. I also have been informed that he repeal of always directed that each and every provision Recognizing these realities, Congress on the Taxpayer Persecution Act will be under- must be brought to my personal attention. three occasions has adopted the ‘‘McCain taken through the suspension process this

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4636 Sfmt 9920 E:\CR\FM\A06DE7.039 H06PT1 H10906 CONGRESSIONAL RECORD — HOUSE December 6, 2004 evening. Like you, I was disturbed that the Re- LIMITING TRANSFER OF CERTAIN curred during the last 2 years when ap- publicans gave their staff the power to scruti- COMMODITY CREDIT CORPORA- proximately $100 million per year was nize Americans’ tax returns, without safe- TION FUNDS being taken from the four donor pro- guard, and I was even more outraged that this Mr. GOODLATTE. Mr. Speaker, I grams. When the farm bill was written, provision ended up in a bill that no one had move to suspend the rules and pass the it was Congress’ intent that each con- read, hastily brought to a vote under martial Senate bill (S. 2856) to limit the trans- servation program would pay for its law rules. If I were present, I would vote to fer of certain Commodity Credit Cor- own technical assistance. I have been strip this provision out of the appropriations poration funds between conservation working with the Committee on the bill, by voting ‘‘yes’’ on H. Con. Res. 528. programs for technical assistance for Budget and the Committee on Appro- Mr. Speaker, I rise in support of H. Con. the programs. priations committees to ensure S. Res. 528 and to express my deep concern The Clerk read as follows: 2856’s passage will prevent funds from about this Congress undermining our democ- S. 2856 being diverted from the donor pro- racy. The taxpayer persecution language in Be it enacted by the Senate and House of Rep- grams. I have numerous groups sup- the appropriations omnibus was an abuse of resentatives of the United States of America in porting the bill, and I will include for Congressional power. This language would Congress assembled, the RECORD these letters. allow members of Congress and their staff to SECTION 1. TECHNICAL ASSISTANCE. HOUSE OF REPRESENTATIVES, read the tax records of any American and dis- (a) IN GENERAL.—Section 1241 of the Food Washington, DC, December 3, 2004. close the information. Security Act of 1985 (16 U.S.C. 3841) is amend- DEAR CONGRESSMAN: We write today to ask Unfortunately, this provision is just one more ed by striking subsection (b) and inserting for your support of S. 2856 on Monday, De- example of an abuse of power by the majority the following: cember 6, 2004. This bill, which has been party of this Congress. The process that the ‘‘(b) TECHNICAL ASSISTANCE.—Effective for adopted in the Senate, addresses a misunder- fiscal year 2005 and each subsequent fiscal standing that has existed between the U.S. Republican majority has resorted to is the rea- year, Commodity Credit Corporation funds Department of Agriculture and the Congress son that such outrageous provisions were ap- made available for each of the programs as to the source of funding for the technical proved. The Republican majority has used specified in paragraphs (1) through (7) of sub- assistance costs for certain Farm Bill con- martial law to speed through legislation with- section (a)— servation programs. out giving members the change to read it ‘‘(1) shall be available for the provision of S. 2856 ensures that the original intent of over. technical assistance for the programs for Congress will be used in the implementation Democracy suffers when members of Con- which funds are made available; and of these programs where each of them will be gress are given only a few short hours to read ‘‘(2) shall not be available for the provision expected to pay for their own technical as- of technical assistance for conservation pro- sistance from their own share of the total thousands of pages of law and it is the Amer- grams specified in subsection (a) other than funding made available to them. As passed ican citizen who must bear the burden of our the program for which the funds were made by the Farm Bill, these programs have a sig- actions. Democracy suffers when the minority available.’’. nificant backlog of requests from farmers is denied a seat at the table and the chance (b) EFFECTIVE DATE.—The amendment and ranchers for conservation assistance. to be a part of the process. It is not the Mem- made by subsection (a) takes effect on Octo- We wholeheartedly support S. 2856 because bers of Congress who lose out. The American ber 1, 2004. without it several of these conservation pro- citizens they are here to represent are the The SPEAKER pro tempore. Pursu- grams will be significantly hampered from ant to the rule, the gentleman from achieving their intended purpose—helping ones who lose out. farmers and ranchers improve and conserve The taxpayer persecution language is a Virginia (Mr. GOODLATTE) and the gen- soil, air and water quality and restore and frightening example of a Republican majority tleman from Texas (Mr. STENHOLM) improve wildlife habitat. We ask for your that is willing to oppress the minority, under- each will control 20 minutes. strong support of this measure when it mine democracy, and cast the shadows of Big The Chair recognizes the gentleman comes before the House on December 6, 2004. Brother. Rule by the majority of the majority is from Virginia (Mr. GOODLATTE). Sincerely, not a democracy. Mr. GOODLATTE. Mr. Speaker, I National Soybean Association. Mr. Speaker, I speak out in frustration of a yield myself such time as I may con- National Pork Producers Council. National Cattlemen’s Beef Association. Republican party run government that seems sume. National Association of Conservation Dis- to have little regard for the elected representa- Mr. Speaker, I rise in strong support tricts. tives of half of this country, and even less re- of S. 2856. Conservation was a signifi- National Association of Wheat Growers. gard for the American citizens they represent. cant part of the 2002 farm bill. Congress National Corn Growers Association. When our founding fathers created the United increased the conservation budget by National Cotton Council. nearly $2 billion per year, a 75 percent National Farmers Union. States Congress this was not what they had in National Milk Producers Federation. mind. increase. However, there is a current National Turkey Federation. We need to bridge together the widening di- shortfall in the Conservation Technical Southeast Dairy Farmers Association. visions in our country. We need to begin by Service Assistance budget at the Nat- Western United Dairymen. bringing comity and bipartisanship back to this ural Resources Conservation Service. chamber, and in so—to the Nation. We must This shortfall represents the costs nec- DECEMBER 6, 2004. not allow our legislative process to fail us essary to administer the Conservation DEAR REPRESENTATIVE: We strongly urge Reserve and Wetlands Reserve pro- that you enact S. 2856 to ensure that USDA again. stops the practice of diverting funds from Mr. YOUNG of Florida. Mr. Speaker, grams. the dollar-limited, working lands conserva- I yield back the balance of my time. So far, those costs have been taken tion programs to pay for technical assistance The SPEAKER pro tempore (Mr. directly out of the pockets of farmers costs associated with land requirement pro- SIMPSON). The question is on the mo- and ranchers, and, if you permit me, grams. tion offered by the gentleman from the environment, when fewer conserva- Since enactment of the 2002 Farm Bill, Florida (Mr. YOUNG) that the House tion benefits are provided by the Envi- USDA has diverted more than $200 million suspend the rules and concur in the ronmental Quality Incentives Program from EQIP, the Farmland and Ranchland Senate amendment to H. Con. Res. 528. and the other so-called donor pro- Protection Program (FRPP), the Grasslands Reserve Program, and the Wildlife Habitat The question was taken. grams. In other words, the NRCS takes Incentives Program (WHIP) to pay for tech- The SPEAKER pro tempore. In the money from EQIP and farmland protec- nical assistance for the Conservation Re- opinion of the Chair, two-thirds of tion so that CRP and the Conservation serve Program (CRP) and the Wetlands Re- those present have voted in the affirm- Reserve Enhancement Program and serve Program (WRP). Unless this problem is ative. WRP can be administered. fixed, farmers and ranchers seeking to im- Mr. OBEY. Mr. Speaker, on that I de- The USDA has also been using the prove water and air quality and enhance mand the yeas and nays. Wildlife Habitat Incentives Program, wildlife habitat stand to lose approximately The yeas and nays were ordered. or WHIP, the Farmland Protection $100 million in FY05 and nearly $300 million The SPEAKER pro tempore. Pursu- in FY06 and FY07. Program, FPP, and the Grasslands Re- S. 2856 protects funding for all USDA con- ant to clause 8 of rule XX and the serve Program as donor programs for servation programs. S. 2856 ensures that Chair’s prior announcement, further CRP and WRP. funding for CRP and WRP technical assist- proceedings on this motion will be S. 2856 will help alleviate some of the ance flows directly from the Commodity postponed. implementation problems that have oc- Credit Corporation, not from working lands

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