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Home , Congressional caucus, Connecticut Compromise, Dick Nichols, Earl Hogan, Hastert Rule, Jimmy Hayes

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

Vol. 150 WASHINGTON, THURSDAY, APRIL 22, 2004 No. 53 House of Representatives The House met at 9 a.m. I pledge allegiance to the Flag of the we look forward to this opportunity The Reverend Ronald J. Nuzzi, Direc- United States of America, and to the Repub- every year when we have this chance to tor, ACE Leadership Program, Univer- lic for which it stands, one nation under God, visit with you and catch up on each sity of Notre Dame, offered the fol- indivisible, with liberty and justice for all. other’s lives. lowing prayer: f Every one of you has spent precious In every age, O Lord, You have been WARM WELCOME FOR THE years of your life, some of the best our refuge. So we seek Your wisdom REVEREND RONALD J. NUZZI years of your life, working to represent that justice may flow from our deeds. (Mr. RYAN of Ohio asked and was the needs and concerns of the Amer- Bless the work of our hands this day. ican people right here in this Chamber. By the power of Your outstretched given permission to address the House arm, open our eyes to see the needs of for 1 minute and to revise and extend Your commitment to your Nation did all who suffer, our ears to hear the cry his remarks.) not end when you left the halls of Con- of the poor, our hearts to feel the an- Mr. RYAN of Ohio. Mr. Speaker, I gress. Many of you have committed to guish of those who do not know free- would just like to take this oppor- serve the Nation in many other honor- dom. tunity to thank Father Ron Nuzzi for able ways. Hear our prayers, O Lord, as they rise his uplifting prayer this morning and Senator Sam Nunn is one of those up to You from this, the people’s his great work not only in the Catholic people, and he currently is an ideal and House. To these deliberations bring a Church but in his leadership and devel- worthy choice to receive the Distin- spirit of wisdom and understanding. oping catholic school teachers through guished Service Award. Grant us a vision of the world as his program at University of Notre While deprived of the opportunity to Your love would have it, a world where Dame. He is a lifelong friend of mine serve in the House, Senator Nunn the weak are protected and children do and my family and has been there for served the other body with great dis- not go hungry; a world where the me and my family for every special oc- tinction. Known as an expert on de- riches of creation are shared by all; a casion, good and bad, that our family fense issues, Senator Nunn was re- world where all cultures and races live shares. So I would like to take this op- spected by both sides of the aisle for in harmony and respect; a world where portunity to thank him again for his his sense of fair play, his patriotism, peace is built with justice and justice wonderful prayer this morning. and his commitment to the security of is guided by love. f this Nation. Make us prudent in our planning, courageous in taking risks, patient in Finally, I would like to take this op- portunity to thank all former Members suffering, unassuming in prosperity. The SPEAKER. Pursuant to the As You have been in every age, O for their continued efforts both home order of the House of Tuesday, April 20, and abroad. Your outreach in college Lord, be our refuge and our strength 2004, the House will stand in recess sub- now and forever. Amen. campuses throughout this country has ject to the call of the Chair to receive helped to strengthen the work of our f the former Members of Congress. government and to encourage public THE JOURNAL Accordingly (at 9 o’clock and 8 min- service. Your support on parliaments utes a.m.), the House stood in recess The SPEAKER. The Chair has exam- around the world is invaluable, and I subject to the call of the Chair. ined the Journal of the last day’s pro- want to thank you for those efforts as ceedings and announces to the House f well. his approval thereof. RECEPTION OF FORMER MEMBERS At this time, I would request that the Pursuant to clause 1, rule I, the Jour- OF CONGRESS gentleman from Missouri, Mr. Jack nal stands approved. The Speaker of the House presided. Buechner, vice president of the Former f The SPEAKER. To all of you I want Members Association, take the chair. PLEDGE OF ALLEGIANCE to say good morning. On behalf of the Mr. BUECHNER (presiding). Will the The SPEAKER. Will the gentleman House of Representatives, I am happy Clerk call the roll of the former Mem- from Ohio (Mr. RYAN) come forward to welcome to the Chamber very good bers of Congress. and lead the House in the Pledge of Al- friends of this institution, former The Clerk called the roll of the legiance. Members of Congress. former Members of the Congress, and Mr. RYAN of Ohio led the Pledge of You are not only friends of this insti- the following former Members an- Allegiance as follows: tution; you are also friends of ours, and swered to their names:

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

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VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.000 H22PT1 H2270 CONGRESSIONAL RECORD — HOUSE April 22, 2004 ROLLCALL OF FORMER MEMBERS OF CONGRESS Mr. LAROCCO. Mr. Speaker, our As- the 2003 and 2004 academic year thus ATTENDING 34TH ANNUAL SPRING MEETING, sociation is nonpartisan, bipartisan, if far, we have visited 26 schools and in 18 APRIL 22, 2004 you will. It has been chartered, but not States. The Association partners with Hon. Beryl Anthony (Arkansas) funded by the Congress. We have a wide the Center for Democracy and Citizen- Hon. William V. ‘‘Bill’’ Alexander (Ari- variety of domestic and international ship and the Stennis Center for Public zona) Hon. Robert E. Badham (California) programs, which several other Mem- Service at State University Hon. James J. Blanchard (Michigan) bers and I will discuss briefly. Our to administer this program. Hon. () membership numbers approximately At this point, I would like to yield to Hon. William Broomfield (Michigan) 560, and our purpose is to continue, in David Skaggs, the gentleman from Col- Hon. James T. Broyhill () some small measure, the service to orado, who currently serves at execu- Hon. John H. Buchanan, Jr. () country that we began during our term tive director of the Center For Democ- Hon. Jack Buechner (Missouri) in the Senate and the House of Rep- racy and Citizenship, to discuss the Hon. Richard R. Chrysler (Michigan) Hon. James Coyne (Pennsylvania) resentatives. new administration and endeavors of Hon. Norman D’Amours (New Hamsphire) Our finances are sound. We support the Congress to Campus Program. Hon. Joseph J. Dioguardi () all our activities via three income David, just let me say on behalf of Hon. Robert B. Duncan () sources: membership dues, program the Board and all of the members of Hon. Louis Frey, Jr. (Florida) grants and our annual fund-raising din- the U.S. Association of Former Mem- Hon. Benjamin A. Gilman (New York) ner. In addition, we have had the good bers of Congress how much we appre- Hon. Ralph R. Harding () fortune of a bequest by Frieda G. ciate your dedication and your incred- Hon. Marjorie Heckler () Hon. Dennis M. Hertel (Michigan) James, whose husband, Benjamin ible administrative skills that you Hon. Peter Hoagland (Massachusetts) Franklin James, served five terms in have lent to this program, to take us Hon. William J. Hughes () the House representing Pennsylvania from doing about 10 programs a year to Hon. Robert W. Kastenmeier (Wisconsin) as a Republican. Her kind gift to the 26 so far, and we think we may even hit Hon. David S. King (Utah) Association has been a blessing, espe- 40. But you will report to us right now. Hon. Robert ‘‘Bob’’ Krueger () cially given the economic downturn Thank you so much. Hon. Lawrence P. ‘‘Larry’’ LaRocco over the past few years, which really Mr. SKAGGS. I thank the gentleman (Idaho) Hon. Jim R. Lightfoot (Iowa) took its toll on the nonprofit sector. for yielding. He has done a good job al- Hon. Marilyn Lloyd () At our last Board meeting, the Board ready in describing the fundamental Hon. Matthew F. McHugh (New York) of Directors voted to commence an en- purposes of the Congress to Campus Hon. Thomas McMillen (Maryland) dowment fund campaign. The goal of Program, but let me report more fully Hon. Lloyd Meeds (Washington) this fund is to ensure the financial via- to the Members here and to the Con- Hon. Robert H. Michel (Illinois) bility of the Former Members Associa- gress about our activities during this Hon. Dan Miller (Florida) tion for many years to come. We envi- past academic year. Hon. Richard Dale ‘‘Dick’’ Nichols (Kan- As Larry mentioned, we have two sas) sion a time when investment earnings Hon. Sam Nunn () of the endowment fund can be used to principal purposes for this program. Hon. Stanford E. Parris () supplement the Association’s budget One is to educate college students and Hon. Howard W. Pollock (Arkansas) during lean years, sort of a safety net faculty about how this wonderful insti- Hon. John J. Rhodes, III (Arizona) to guarantee that tough economic tution operates, maybe with a little bit Hon. Ron Sarasin (Colorado) times will not shut us down. In addi- more insight than the textbooks typi- Hon. Richard T. Schulze (Pennsylvania) tion, the endowment fund can serve to cally give. Our other principal purpose Hon. David E. Skaggs (Colorado) expand the programs and reach of our is to really inspire young people to Hon. Don Sundquist (Tennessee) Hon. James W. Symington (Missouri) Association and to support new ven- consider public service careers. Hon. Charles W. Whalen, Jr. (Ohio) tures and services created by our staff Finally, by having a bipartisan pair Hon. Harris Wofford (Pennsylvania) members and Board. We will send you of former colleagues involved in this information about the endowment fund activity, we hope that we can model b 0915 later this year, and I encourage you to behavior that may have otherwise es- Mr. BUECHNER (presiding). At this become involved. caped their notice, that Republicans time Chair will recognize the President Mr. Speaker, I would now like to and Democrats actually can discuss of the Former Members of Congress, turn to the many programs and serv- issues civilly and work out their dif- the gentleman from Idaho, Larry ices the Former Members of Congress ferences more often than not. LaRocco. Association offers to its Members, to This is the second year of a major ef- Mr. LAROCCO. My thanks to the sitting Members of the House and Sen- fort to expand the program, as the gen- Speaker pro tem and to all of you for ate, and to the public at large. tleman from Idaho mentioned. I want being with us. We are especially grate- Our most significant domestic activ- to thank all of the schools, all of my ful to Speaker HASTERT for taking time ity, mentioned by the Speaker of the colleagues and the membership of the from his busy schedule to greet us and House this morning, is our Congress to Association who have pitched in to give us his warm welcome. It is very Campus Program. This is a bipartisan make this possible, as well as the Asso- gratifying to see such a great turnout effort to share with college students ciation Board of Directors, and, in par- this morning. throughout the country our unique in- ticular, our friends at the Stennis Cen- It is always a privilege to return to sight on the work of the Congress and ter for Public Service down in Mis- this wonderful institution which we re- the political process more generally. sissippi. We have had a wonderful vere and where we shared so many A bipartisan team of Former Mem- working relationship with them. memorable experiences. Service in bers spends up to 2.5 days on college All told, we have been able to expand Congress is both a joy and a heavy re- campuses throughout the United this program now in the last 2 aca- sponsibility, and, whatever our party States, meeting with students both in demic years from about on the average affiliation, we have great admiration the classroom and outside, as well as of 7 or 8 visits per year to this year’s for those who continue to serve this with members of the faculty and the total of 26 domestic college and univer- country in this unique institution. We local community. This is a great expe- sity visits and our first international thank them all for once again giving us rience for our Members, and it gen- Congress to Campus visit. That rep- this opportunity to report on the ac- erates a deeper appreciation for our resents more than a 200 percent in- tivities of the U.S. Association of democratic form of government, as crease over the average in the past. Former Members of Congress. well as encouraging young people to We try to make sure that this is This is our 34th Annual Report to participate actively in public service. being handled as professionally as pos- Congress, and I ask Since the program’s inception in 1976, sible, and so actually try to evaluate that all Members be permitted to re- Former Members of Congress have the program with some rigor with re- vise and extend their remarks. reached more than 150,000 students ports back in from schools, from the The SPEAKER pro tempore. Without through their visits to campuses in 49 Members that make these visits, and, objection, so ordered. States and the District of Columbia. In probably most importantly, from the

VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.002 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2271 students that we interact with on these government, hopefully we have shone a the Council for Excellence in Government to college and university campuses. We little light on the value of public serv- help manage the Congress to Campus Pro- ask them to complete a little survey ice, that it is more than a paycheck, gram (Program) in partnership with the Stennis Center for Public Service (Stennis). with a control group of students from there are a lot of great rewards for CDC and Stennis, with the blessing of the the same schools that did not partici- doing it. Association, have worked together since to pate. David, I would just like to thank you increase the number of campuses hosting I am pleased to report that after a for the opportunity to have partici- Program visits each year, expand the pool of rigorous statistical analysis, I can tell pated. I am on your list to go again former Members of Congress available for the Members that this actually works, whenever. I would really seriously from campus visits, develop new sources of fund- that the students that are exposed to the bottom of my heart encourage any ing, raise the profile of the Program and its message in the public and academic commu- this program have a significantly high- of you, if David gives you a call, it is nity, and devise methods of measuring the er, one, propensity to think about pub- only a couple days, say yes. What I impact of the program at host institutions. lic service careers than the students came away with was probably more INCREASED QUANTITY AND QUALITY OF not exposed to it, and, even more mi- than the students. Most of you know, if PROGRAM VISITS raculously, think better of public offi- you work around young people, I am This is the second year of the program ex- cials than do the students who have not so worried about tomorrow as I was pansion. In the 2003–2004 academic year, the not had the treat of being involved before I went up there. There was a Program sponsored visits to twenty-seven with one of our Congress to Campus great bunch of young people. They will schools around the country—almost triple visits. So we should be encouraged that inspire you as well. the number for the 2001–2002 academic year. [See Attachment 1—Roster of ’03–’04 Aca- this really does matter. David, I thank you. demic Year Visits & Participants.] These vis- Just to give the Members here who Mr. Speaker, I yield back. its took former Members to universities, may not have participated a more ful- Mr. SKAGGS. One of our real troop- service academies, colleges and community some idea of what a pleasure it is and ers this year was the gentleman from colleges in nineteen different states. While how rewarding it is to participate, I Washington, Mr. Meeds. I want to call the total fell short of the goal of forty for would like to yield at this time, if I on him for some reflections on his ex- the year, it should be noted that twelve addi- may, to my friend and colleague from perience, if I may, as well. tional scheduled visits had to be cancelled or rescheduled due to factors beyond the con- the State of Iowa Mr. Lightfoot to Mr. MEEDS. Thank you, David, and trol of the program staff. share briefly his reflections on his Con- especially thank you for the telephone The ultimate goal is to have fifty Congress gress to Campus visit. call asking me to get involved in this to Campus school visits per academic year. Mr. LIGHTFOOT. Thank you, David. program. It has really been a fine expe- This is probably about the limit the Program I would say to all of our former col- rience, at least for me, and I hope for can sustain with available Member partici- leagues, how come you are all looking the students that were out there. pation, staff support and funding. This re- so much older? mains an ambitious goal, but at this early I visited with two other Members date twenty-five schools have already ap- Actually, if David gives you a phone from the other side, two colleges, one proached program staff to discuss hosting a call, say yes. This was one of the great- in North Carolina and one in New York 2004–2005 Congress to Campus visit. Given est opportunities I think I have partici- State, and had a wonderful experience that a Presidential election year is likely to pated in in a long, long time. It was with the young people. I think the sin- generate additional interest, we anticipate a earlier this month, I went to Colby Col- gle strongest impression I had was that significant increase in demand for Program lege up in . I now live in Florida. visits. it brought to them a new impression of In addition to an increase in number of vis- The second call was to Sandy Maisel, the Congress itself, a closer analysis of its, we continue to fine-tune the content and who heads the political science depart- the Congress than they get in the daily substance of Program visits based on feed- ment at Colby College. I asked him newspaper or in their texts. back from Members and host professors. The about the weather. I said, well, how The which was dis- Program asks visiting Members and host about the ice report? He said they still played with the group, both groups professors to complete an evaluation of each have ice on the lakes, and we actually with which I spent time, was out- visit. Those evaluations have prompted us to got almost a half of foot of snow the standing. The Members on the other make several adjustments. We have trimmed day we got there. side and I disagreed on issues, we dis- the length of a campus visit to two full Martin Lancaster from North Caro- agreed and were not disagreeable in working days; limiting Members’ time away lina was my colleague on this trip. front of these students, and took on from home and work to two working days Most of you know Martin, a fine guy, a some pretty tough ones. It was a good plus travel time makes recruiting Members great guy to travel with. He now is experience for us, and, I hope, a good an easier matter. We also have reduced and continuing his life in public service experience for the students. restructured the use of ‘‘open forum’’ events with some 800,000 students in North during campus visits to insure greater stu- Mr. SKAGGS. Thank you. dent attendance and participation and elimi- Carolina in the community college sys- Mr. Speaker, I submit a full report nated campus tours in favor of activities tem. Professor Maisel had a lot of fun for the RECORD. that involve interaction between visiting with that while we were there, remind- CONGRESS TO CAMPUS PROGRAM—REPORT TO Members and students. Finally, we have ing the folks in his neighboring State THE ANNUAL MEETING OF THE U.S. ASSOCIA- added to the list of suggested visit activities of Vermont that they only had 500,000 TION OF FORMER MEMBERS OF CONGRESS, ‘‘in service’’ style meetings with high school people, and Martin had more people in APRIL 22, 2004 civics and social studies teachers that allow Members to provide insights and encourage- his college system than they had in the INTRODUCTION ment to local teachers in their efforts to entire State. The Congress to Campus Program address- educate students about the U.S. government It was 2 days of fun. We went to a es a significant shortfall in civic learning and civic responsibility. number of classes. This school was a and engagement among the country’s col- The Program asks host schools to insure little bit smaller, so they decided to lege-age young people, combining traditional contact with at least 250 students over the split us up so they could get more out educational content with a strong message course of a visit, and that number is often of having two former Members of Con- about public service. The Program sends bi- exceeded. For the past academic year, ap- pairs of former Members of Con- gress there. But due to the size of the proximately 8000 students heard Members’ gress—one Democrat and one Republican—to unique story about representative democ- school, we discovered a lot of cross-pol- visit college, university and community col- racy and their special call to public service. lination. I would be at a class and say lege campuses around the country. Over the A draft schedule of events is prepared in something, and somebody would say, course of each visit, the Members conduct advance of each campus visit and reviewed Mr. Lancaster said that or disagreed classes, hold community forums, meet infor- by staff to assure variety as well as the sub- with that this morning. mally with students and faculty, visit high stance. There is a conference call before each But it was a tremendous opportunity schools and civic organizations, and do inter- trip with Members and the responsible cam- to try to sell public service to young views and talk show appearances with local pus contact person to review the revised press and media. schedule and iron out any remaining prob- people. That is really what our whole In the summer of 2002, the Board of Direc- lems. Members also receive CRS briefing ma- goal was. Whether it is to run for elec- tors of the U.S. Association of Former Mem- terials on current issues and background in- tive office, or to take their law or bers of Congress (Association) engaged the formation on government service opportuni- science degree or whatever and work in Center for Democracy & Citizenship (CDC) at ties prior to each visit.

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RECRUITING MEMBER VOLUNTEERS FOR CAMPUS by the assessment of its positive effects (see and government officials. In an effort to con- VISITS below)—will require a significant increase in firm this anecdotal information, the Pro- The success of the Program obviously de- funding. gram asks host schools to have students pends on Members’ participation. With trav- INTERNATIONAL INITIATIVE complete one-page surveys. The surveys elic- el back and forth, Members end up devoting Congress to Campus made its first inter- it students’ views on public service careers about three days to each campus visit. That national visit in October 2003 to the United and feelings about different categories of is a priceless contribution of an extremely Kingdom. An earlier Association study tour public officials; they are to be completed by valuable resource. had laid the groundwork for the visit and es- a group of students who attended sessions Members of the Association were sent a tablished a relationship with Philip John Da- with the former Members and by a control survey again last summer to solicit informa- vies, Director, Eccles Centre for American group of similar students who did not have tion regarding their availability for and in- Studies at The British Library and Dennis contact with the former Members. terest in a Program campus visit. Using re- Spencer Wolf, Cultural Attache at the U.S. While all schools hosting a visit do not re- sponses to these surveys and direct contact Embassy. Dr. Davies was instrumental in ar- turn the surveys, the data that was gen- with a number of former Members, CDC de- rangements for the visit in London and at De erated for the 2002–2003 academic year shows veloped a pool of just over one hundred avail- Montfort University, Leicester, where he is that the underlying goals of the Congress to able former Members, and some forty-seven Professor of American Studies. The Embassy Campus program are sound. Those students participated in visits this year. A ‘‘bench’’ of assisted with travel and logistics. We under- who have contact with former Members dur- one hundred was deep enough to fill the took this first Program visit abroad as a ing their Congress to Campus visits have a openings during the current academic year, trial run to determine whether other inter- measurably more favorable view of public but more will be needed to meet the demands national visits might be worthwhile and servants and of public service as a career op- of the expanding schedule for next and future practicable. The experience of our Members tion than similar students who do not have academic years. Association Members are and of their British academic audiences sug- the opportunity to interact with the visiting encouraged to complete and return the sur- gests an international dimension for the former Members. vey they will receive in June and then to be Congress to Campus Program is a good idea. Last year we reported preliminary findings ready to accept assignments to one of the Preliminary discussions are now underway for 2002–2003. That data has now been ana- fine institutions of higher education the pro- with potential sponsoring institutions in Eu- lyzed by the Center for Information and Re- gram will serve next year. rope, Asia and Latin America. search on Civic Learning and Engagement FUNDING SOURCES PROGRAM OUTREACH AND PUBLICITY (CIRCLE) at the University of Maryland. In addition to the generous contribution of The increased number of institutions Their report [see Attachment 3] confirms our money and staff time made each year by the hosting and applying to host a Congress to preliminary finding and found that the Con- Stennis Center for Public Service and the Campus visit is the result of an aggressive gress to Campus Program had a statistically Association, several organizations provided outreach effort. Association leadership and significant positive impact on student’s atti- funding to help with the expansion of the numerous former Members, as well as staff tudes towards public service and public serv- Congress to Campus Program for the aca- at CDC and Stennis, have made many per- ants. We are still receiving data from the demic years 2002–2003 and 2003–2004, including sonal contacts on behalf of the Program. In 2003–2004 academic year and will provide the Pew Charitable Trusts, the Carnegie Cor- addition, we are continuing the sustained Members with a report as soon as that infor- poration of New York, and the National promotional effort begun last year. mation is analyzed. Cable & Telecommunications Association Articles about the Program have appeared As previously discussed, the Program re- (NCTA). While Stennis’ commitment to the in the newsletters of the Political Organiza- quests the principal contact at each host Program is ongoing, funding from the other tions & Parties Section of the American Po- school to submit an evaluation of the visit. organizations ended in January 2004. In the litical Science Association (APSA) and the We receive valuable feedback on various as- spring semester, the American Association Federal Relations section of the American pects of each visit and try to incorporate les- of Retired Persons provided a major gift and Association of Universities. CDC Executive sons learned and helpful suggestions in the has pledged additional support. CDC and Director and former Member David Skaggs on-going effort to improve the Program. The Stennis are continuing to work with the As- made a presentation in behalf of Congress to best indication of satisfaction with the Pro- sociation leadership and other organizations Campus to the APSA at its August 2003 con- gram is the fact that every school visited to find new sources of funding for Congress vention in Philadelphia. Informational mate- this year has said it wants to do a Congress to Campus. rial has been emailed directly to the Chairs to Campus Program visit again. Host schools are expected to cover the cost of all relevant APSA Sections, all members CONCLUSION of Members’ on-site accommodations and of the APSA Legislative Studies Section, as local travel and to make a contribution to well as to many other college and university The Program has made significant progress cover a portion of the cost of administering organizational contacts. toward achieving its new goals. The number the Program. A suggested amount of con- In the past, local and campus press and of campus visits has been increased nearly tribution is determined according to a slid- media have often covered Congress to Cam- 200% this year over 2001–2002 levels. However, ing-scale based on an institution’s expendi- pus school visits. In addition to continuing Program funding remains a matter requiring tures per pupil [see Attachment 2—Applica- that coverage, the Program encourages each attention. Efforts to raise the public profile tion Form]; a waiver is available to schools host institution to make commercial print of the Program have met with some success, that are not able to pay the scale amount. and broadcast media interviews a part of but more needs to be done. Finally, objective Several schools received a full or partial each Congress to Campus visit’s schedule. data supports the basic premise of the Con- waiver in 2003–2004. Still, school contribu- MEASURING THE PROGRAM’S IMPACT gress to Campus Program: that campus vis- tions produced several thousand dollars in Over the years, anecdotal information has its by Members are effective in raising inter- support of the program. tended to validate the basic premise of the est in public service careers and in improv- The expansion of the Program—clearly jus- Congress to Campus Program—that these ing attitudes about public officials among tified by the interest expressed by schools visits by former Members of Congress posi- the students who participate in Program seeking to host a first or a repeat visit and tively affect students’ views of public service events.

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VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.003 H22PT1 Insert offset folio 31/21 here EH22AP04.017 H2290 CONGRESSIONAL RECORD — HOUSE April 22, 2004 Mr. SKAGGS. Mr. Speaker, I yield association members over the next sev- the House and the Senate the oppor- back to the gentleman from Idaho. eral months. And all of you will be re- tunity to establish a personal network Mr. LAROCCO. Thank you, David and ceiving numerous updates and mate- with elected officials from Germany’s Jim and Lloyd, for your report, and for rials to assist in creating your own vet- legislative as well as executive giving us a feel for exactly how those erans history. So we have got this but- branches. Past study group guests on visits are put together and how you re- ton here on the Veterans History have included sub- lated to the students. I encourage ev- Project that I will put on now to ex- chairs, opposition leaders, erybody in the membership to contact press my support for this great pro- heads of parties, cabinet members, and David to see if you could also make a gram. We need the oral histories of all business leaders. For example, Ger- Congress to Campus visit. of us that have served in the military. many’s Foreign Minister Fischer has One outgrowth of the Congress to Mr. Speaker, beyond the programs we been a guest of the congressional study Campus Program was an interest in administer dealing with domestic group five times in the past 4 years. producing a book that would take an issues, the association is very active in This type of interaction enables former inside look at Congress from different overseeing international programs. We and sitting Members to engage in a for- viewpoints. There are many fine books have become an important liaison in- eign policy discussion that otherwise written by individual Members of Con- volving the leaders of other nations would not be available to them. gress, as we all know, but, to our and the United States. We have ar- In addition to bringing high-level knowledge, there was no compendium ranged almost 470 special events at the German government representatives to that goes beyond the scenes in a very U.S. Capitol for international delega- Capitol Hill, the study group organizes personal way. Therefore, one of our tions from over 80 countries and the and hosts an annual conference for sit- past presidents, Lou Fry of Florida, to- European Parliament. These are pro- ting Members and Bundestag members. gether with the head of the political grammed short-term visits for indi- This year’s conference will take place science department at Colgate Univer- vidual members of Parliament and in the district of the study group’s Re- sity, Lou’s alma mater, coedited the long-term visits for parliamentary publican House chairman GIL GUT- book Inside the House: Former Mem- staff. And we have hosted 51 foreign KNECHT of Minnesota. Also, this year bers Reveal How Congress Really policy seminars in 11 countries involv- for the first time, the study group has Works. ing more than 1,500 former and current replicated our members conference on b 0930 parliamentarians and conducted 21 the level. Just a few study tours abroad for former Members weeks ago, our international programs This book has been very well received of Congress. Since our last report to manager led a delegation of 10 chiefs of and currently is in its third printing. Congress alone, we have hosted 27 staff to Berlin and for meet- The book is being used by the political events, meetings, and conferences in- ings with the German Bundestag, the science departments of several univer- volving foreign government officials Chancellor’s office, the foreign min- sities, and it is a case study of the Con- and members and staff of the U.S. Con- istry, U.S. and German military head- gress from many different points of gress including two sitting-members quarters, and corporate representa- view. My opinion may be biased, but I CODELs to Germany, a former-mem- tives. think it is an extremely instructive bers CODEL to Mexico, a senior staff Mr. President, the Congressional look behind the scenes of Congress. It trip to Mexico, and, most recently, a Study Group on Germany is a unique can be purchased via the Web site of senior staff visit to Germany. program of vital importance to the the association as well as through the We are very proud of our efforts to Congress’s international relations ac- Capitol Historical Society. establish a dialogue between the tivities. The program would not be pos- Mr. Speaker, I am pleased to now re- United States and countries around the sible were it not for the bipartisan port on a new and very exciting domes- globe. The association supervises the record and credence lent to it by the tic program the U.S. Association of work of the Congressional Study Group Former Members Association. In addi- Former Members of Congress is under- on Germany, the largest and most ac- tion, without our group of financial taking. Through a generous grant of tive exchange program involving the supporters, we could not offer this im- the AARP, the association is U.S. Congress and the parliament of portant dialog to Members of Congress. partnering with the Library of Con- another country. It is a bipartisan Let me single out Craig Kennedy of gress in support of its Veterans History group involving more than 170 Rep- the German Marshall Fund for its con- Project. This program honors our Na- resentatives and Senators. They are af- tinuous support. For over 20 years we tion’s war veterans and those who forded the opportunity to meet with have been able to rely upon the Ger- served in support of them. It creates a their counterparts in the German Bun- man Marshall Fund of the United lasting legacy of recorded interviews destag to enhance understanding and States. Also, the staff of the associa- and other documents chronicling vet- greater cooperation. Ongoing study tion has assembled an extraordinary erans’ and other citizens’ wartime ex- group activities include conducting a group of corporate supporters, and I periences and how those experiences af- distinguished visitors program at the wish to take a minute to thank them fected their lives and America itself. U.S. Capitol for government officials publicly: Peter Lefkin of Allianz/Fire- There is a great urgency in collecting from Germany; sponsoring annual con- man’s Fund; former Member of Con- wartime memories which become more ferences involving Members of Con- gress Tom Coleman, who now works for precious as the number of veterans gress and their German colleagues; and BASF; Rob Liberatore of dwindles by 1,500 every day. conducting an exchange program in- DaimlerChrysler; Wolfgang Pordzik of The Veterans History Project encom- volving senior congressional staff. Deutsche Post; Wolfgang Jakubek of passes veterans of World War I, World I understand, Mr. Speaker, that you Deutsche Telekom; Bill Sweeney of War II, the Korean and Vietnam and would like to update the Congress on EDS; Bill Inglee of Lockheed Martin; Persian Gulf wars. I would like to take the activities of the Congressional Bob Bergmann of RGIT; Tom Medaglia this opportunity to call on all sitting Study Group on Germany. So with of RWE; Uli Werner of SAP; Gregg and former Members of Congress to be- that, I would like to turn the floor over Ward of Siemens; and David come involved in this important cre- to our vice president, Jack Buechner. Geanacopoulos of Volkswagen. ation of a lasting record of America’s Mr. BUECHNER (presiding). I thank In addition, we should thank our war veterans. The association is work- the President for yielding to the Chair. House leadership, the gentleman from ing on several ideas to ensure that all Mr. President, in its many years of Minnesota (Mr. GUTKNECHT) and the former Members of Congress who are existence, the Congressional Study gentleman from Texas (Mr. LAMPSON), veterans will have the opportunity to Group on Germany has established as well as our Senate leaders CHUCK fully participate in this important pro- itself as one of the premier tools for HAGEL of Nebraska and TIM JOHNSON of gram. the to develop South Dakota. You can receive more information an impact upon foreign policy. I be- The Congressional Study Group on about the Veterans History Project by lieve, though, its greatest success has Germany is an excellent example of contacting the association’s office and come from giving Members from both how the Former Members Association

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.005 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2291 does provide a service to current Mem- parts in the Japanese Diet as well as an Our experience with these congres- bers that is unequaled in Washington opportunity to educate themselves on sional study groups has been incredibly and is of the utmost importance to the U.S.-Japanese relations. The study positive. As the Former Members Asso- foreign relations of this country. I group brings experts in academics to ciation, we are in the unique position thank the former Members, and I Capitol Hill in addition to Japanese that we can establish a link between would remind them that they can be government officials to discuss secu- the U.S. Congress and parliaments in very proud of the work they do to rity issues as well as trade and invest- other countries that is credible, re- make this group possible. I look for- ment. sponsible, bipartisan, and non-advo- ward to being an active participant in Last month we had the great honor cacy. Numerous countries, organiza- the activities of this study group on to host one of our own, former Speaker tions, and embassies have approached Germany for many years to come. , who served as U.S. Ambas- the association about creating addi- Thank you, Mr. President. sador to Japan, as part of our congres- tional study groups, and we are exam- Mr. LAROCCO. Thank you, Jack. sional study group on Japan. Ambas- ining several possibilities at the mo- Thank you for that report. sador Foley provided many of his ment keeping in mind, of course, our I would like to now turn to other former colleagues with the opportunity own limitations due to staff and budg- international programs, particularly to ask very pointed and important et, as well as the needs for the dialogue Mexico. While our German group is our questions about our relationship with that we wish to establish to be of cur- Japan and about the domestic issues most active, we are also very proud of rent interest and importance to the that currently affect one of our most our work with Mexico, Japan, and foreign policy goals of the United important trading partners. The after- China. The Mexican program in par- States Congress. noon we spent with him was truly en- ticular has seen an unprecedented Mr. Speaker, the association also has lightening, and I am pleased to report surge of activity. Members of the Mexi- worked in other parts of the world to that Ambassador Foley has agreed to can Chamber of Deputies as well as promote the operations of a democratic play a very active role in shaping the President Fox’s administration have system of government. In the past, we Congressional Study Group on Japan been guests of the study group on Cap- have organized legislative strength- even further. itol Hill. We have sent a delegation of ening programs in the Czech , senior congressional staff to Mexico in Our program activities would not be possible without the invaluable support Slovakia, Hungary, Poland, Ukraine, 2003, and we are planning on doing so and Macedonia. The association also again in the fall of this year. of Dr. Eric Gangloff, who heads up the Japan-U.S. Friendship Commission. assisted with U.S.-Cuban relations via In addition, a delegation of former three former Members delegations to Members of Congress traveled to Mex- This partnership has lasted for almost 10 years, and we are very appreciative Cuba from 1996 through 2000. ico City and met with vice president of We are currently applying for a grant the Chamber of Deputies, the legisla- of the commission’s continued support. We have exceptional congressional from the U.S. Agency For Inter- tive adviser to President Fox, the head leadership for this group both in the national Development to conduct elec- of Mexico’s OMB, and the Foreign Min- House and the Senate. Our House tion-related projects in the Ukraine istry’s USA desk. Currently, we are co- chairmen are the gentleman from along with a legislative strengthening sponsoring a program with the Wood- Washington (Mr. MCDERMOTT) and the program following that country’s elec- row Wilson International Scholar Cen- gentleman from New York (Mr. HOUGH- tion. Also through USAID we are ex- ter to telecast live to Mexican univer- TON), and our Senate chairs are GORDON ploring the possibility of conducting sities presentations by former Members SMITH and MARIA CANTWELL. We thank legislative strengthening seminars for of Congress on the U.S.-Mexico rela- them for their tireless efforts on our visiting Iraqi representatives here in tionship. These broadcasts also will in- behalf. Washington. In addition, we are work- clude live Q and A sessions involving In August of 1999 the U.S.-China ing with the U.S. Department of State the former Members and the Mexican Inter-Parliamentarian exchange group to involve former Members of Congress university students. I am very pleased was created by Speaker HASTERT. He in their international information pro- that former Member Jim Jones, who asked our association because of its ex- grams. The U.S. Association of Former also served as U.S. Ambassador to Mex- cellent track record of acting as a liai- Members of Congress is uniquely quali- ico, has become actively involved in son between the U.S. Congress and for- fied to provide the resources for the our program with Mexico and will be eign legislative branches to lend a hand education of the legislators in emerg- one of the featured speakers during the in getting this program off the ground. ing democracies. Former Members of Woodrow Wilson Center telecast. The Thus, the Congressional Study Group Congress have experiences in State leg- other speaker is our vice president, on China was born. Since its inception, islatures as well as on the Federal Jack Buechner. the study group has hosted several del- level. We cannot expect other countries In addition, the association is work- egations of members of the National to adopt our ways, but we can help ing with the Council on Foreign Rela- People’s Congress of China to Wash- them identify the basic elements of a tions to create a town hall meeting ington and has even sent a sizable dele- free representative government sen- specifically aimed at Chicago’s His- gation of sitting and former Members sitive to the traditions of their coun- panic community. During this event to China. It should be noted that the try. former Members of Congress will con- CODEL the association assembled was b 0945 duct a mock debate on the issues which the first visit to China by a congres- will be discussed during the 2004 Presi- sional delegation since 9/11 and that In addition, Mr. Speaker, as I move dential election. Funding for this pro- the resulting discussions with rep- on to other programs, I would like to gram in the past has come from numer- resentatives of the Chinese Govern- mention that the Association, after ous sources, including the Tinker ment were truly historic and extraor- each congressional election, conducts Foundation and corporate sponsors dinary. its ‘‘Life After Congress’’ seminar. The such as Cemex. I wish to thank the In addition, the association has purpose of this conference is to ease gentleman from Arizona (Mr. KOLBE) brought numerous experts on China to the transition away from Capitol Hill and Senator CHRIS DODD for being our Capitol Hill in an effort to educate for those sitting Members who will not outstanding House and Senate chair- Members about U.S.-China relations return for the next Congress. We will men. and address specific questions Members conduct this seminar again in Decem- Turning to Japan and China, in 1993 may have about China. The association ber of this year. the association founded the Congres- is very proud of having facilitated this During the 2002 seminar, former sional Study Group on Japan with the important discussion and wishes to Members Jack Buechner, Marc Lincoln East-West Center in Hawaii. It is a bi- thank the U.S. Department of State for Marks, Bob Carr, Jim Coyne, Martin partisan group of about 120 Members of funding this undertaking. I also thank Lancaster, Ed Pease and David Skaggs the House and Senate providing sub- the gentleman from Illinois (Mr. MAN- shared their experiences about the ad- stantive opportunities for Members of ZULLO) for being the group’s House justments they had to make when they Congress to meet with their counter- chairman. left Congress and how they managed to

VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.007 H22PT1 H2292 CONGRESSIONAL RECORD — HOUSE April 22, 2004 seek and pursue careers in a variety of an annual fund-raising dinner and auc- Harry F. Byrd, Jr., Navy, (Dem.–VA, Sen- fields. tion. On March 2 of this year, we held ate 1965–83) Congressional spouse June Hansen our seventh annual Statesmanship Catherine Callahan, Navy, (Dem.–Ne- also described how members of families braska, House 1965–67) Award dinner at which five of our Howard H. Callaway, Army, (Repub.–GA, cope with leaving Congress and begin- friends and colleagues were honored for House 1963–67) ning a new life. In addition, congres- their service to country in uniform Ronald Brooks Cameron, Marines, (Dem.– sional support staff outlined the serv- during World War II before serving CA, House 1963–67) ices available to former Members of their country on Capitol Hill. The five Elford A. Cederberg, Army, (Repub.–MI, Congress. As in the past, the 2002 sem- honorees were , Sam Gibbons, House 1953–79) inar was followed by a reception hosted John Glenn, George McGovern and Bob Frank M. Clark, Army Air Corps, (Dem.– by our outstanding Association’s Aux- Michel. PA, House 1955–75) Donald H. Clausen, Navy, (Repub.–CA, iliary. They represent a group of truly great House 1963–83) The Association organizes study Americans, and I would like to place in Raymond F. Clevenger, Army Med. Corps, tours for its members and their the RECORD the names of those former (Dem.–MI, House 1965–67) spouses, who, at their own expense, members of Congress who are veterans Frank Coffin, Navy, (Dem.–ME, House 1957– have participated in educational and of World War II and who unequivocally 61) cultural visits to places such as Aus- deserve our recognition and gratitude. Marlow W. Cook, Navy, (Repub.–KY, Sen- tralia, Canada, China, New Zealand, Mr. BUECHNER (presiding). Without ate 1968–74) the former Soviet Union, Vietnam, Emilio Quincy Daddario, Navy, (Dem.–CT, objection, so ordered. House 1951–70) Western and Eastern Europe, Turkey, There was no objection. E. ‘‘Kika’’ de la Garza, Navy, (Dem.–TX, the Middle East, Mexico and South 34TH ANNUAL SPRING MEETING, U.S. ASSOCIA- House 1965–97) America. Last year a delegation of TION OF FORMER MEMBERS OF CONGRESS, Steven B. Derounian, Army, (Repub.–NY, Former Members travelled to Mexico LIVING FORMER MEMBERS WHO SERVED IN House 1953–65) for a week of meetings, presentations, UNIFORM DURING THE SECOND WORLD WAR, Edward J. Derwinski, Army, (Repub.–IL, discussions, and sightseeing. APRIL 22, 2004 House 1959–83) For the fall of this year, we are plan- Jim Abdnor, Army, (Repub.–SD, House William L. Dickinson, Navy, (Repub.–AL, ning a trip to France. The Association 1973–81; Senate 1981–87) House 1965–93) Brock Adams, Navy, (Dem.–WA, House William Jennings Bryan Dorn, Army, recognizes a need for dialogue involv- (Dem.–SC, House 1947–49, 1951–75) ing France and the United States fol- 1965–77; Senate 1987–93) John B. Anderson, Army, (Repub.–IL, Don Edwards, Navy, (Dem.–CA, House 1963– lowing the divisive debate over Iraq House 1961–81) 95) and the U.N. Security Council. We William R. Anderson, Navy, (Dem.–TN, Robert F. Ellsworth, Navy, (Repub.–KS, therefore believe that a Former Mem- House 1965–73) House 1961–67) bers of Congress study group to France Mark Andrews, Army, (Repub.–ND, House John N. Erlenborn, Navy, (Repub.–IL, could not come at a better time. 1963–81; Senate 1981–87) House 1965–85) Through the French Embassy here in Thomas Ludlow Ashley, Army, (Dem.–OH, Frank E. Evans, Navy, (Dem.–CO, House 1965–78) Washington, we will create a program House 1955–81) Eugene V. Atkinson, Navy, (Dem.–PA, J. James Exon, Navy, (Dem.–NE, Senate for our delegation that will include House 1979–83) 1979–97) high-level meetings and discussions. In Howard H. Baker, Jr., Navy, (Repub.–TN, Paul Findley, Navy, (Repub.–IL, House addition, to honor those who served House 1967–85) 1961–83) their country in uniform during World Perkins Bass, Army Air Corps., (Repub.– John J. Flynt, Jr., Army, (Dem.–GA, House War II, our study tour to France will NH, House 1955–63) 1954–79) include a visit to Normandy. 2004 J. Glenn Beall, Jr., Navy, (Repub.–MD, Hiram L. Fong, Army Air Corps, (Repub.– HI, Senate 1959–77) marks the 60th Anniversary of the D- House 1969–71; Senate 1971–77) Berkely Bedell, Army, (Dem.–IA, House Gerald R. Ford, Navy, (Repub.–MI, House Day invasion, and the Association 1974–87) 1949–73) looks forward to commemorating our Alphonzo E. Bell, Jr., Army, (Repub.–CA, Donald M. Fraser, Navy, (Dem.–MN, House fallen heroes at the D-Day memorial House 1961–77) 1963–79) sites. I hope many of the Association Henry L. Bellmon, Marines, (Repub.–OK, Peter H.B. Frelinghuysen, Navy, (Repub.– members will be able to participate in Senate 1969–81) NJ, House 1953–75) this trip. Charles E. Bennett, Army, (Dem.–FL, Richard H. Fulton, Navy, (Dem.–TN, House The Association also organizes House 1949–93) 1963–75) events that serve more of a social func- Lloyd Bentsen, Army, (Dem.–TX, House Robert N. Giaimo, Army, (Dem.–CT, House 1949–54; Senate 1971–94) 1959–81) tion. We know how important that is. Tom Bevill, Army, (Dem.–AL, House 1967– John J. Gilligan, Navy, (Dem.–OH, House In other words, we try to create ways 97) 1965–67) in which our members can each keep in Benjamin B. Blackburn, Navy, (Repub.–GA, Kenneth Gray, Army Air Corps, (Dem.–IL, touch with old friends and colleagues House 1967–75) House 1955–75 1985–89) just as we are doing today. One such John Brademas, Navy, (Dem.–IN, House Robert P. Griffin, Army, (Repub.–MI, undertaking is our annual golf tour- 1959–81) House 1957–64; Senate 1965–78) nament here in Washington. Another is Daniel B. Brewster, Marines, (Dem.–MD, Wayne R. Grisham, Army, (Repub.–CA, House 1959–63; Senate 1963–69) House 1979–83) a brand new event which we are hoping Edward W. Brooke, Army, (Repub.–MA, James R. Grover, Army, (Repub.–NY, to make an annual tradition: an infor- Senate 1967–79) House 1963–75) mal family picnic for former Members, Jack Brooks, Marines, (Dem.–TX, House Frank Guarini, Navy, (Dem.–NJ, House which last October was hosted at the 1953–95) 1979–93) home of June and Orval Hansen. The William Broomfield, Army Air Corps, Gilbert Gude, Army Med. Corps, (Repub.– picnic was a joint undertaking involv- (Repub.–MI, House 1957–93) MD, House 1967–77) ing the Association and its auxiliary, Donald Brotzman, Army, (Repub.–CO, John Paul Hammerschmidt, Army, and we are already looking forward to House 1963–65) (Repub.–AR, House 1967–93) Joel T. Broyhill, Army, (Repub.–VA, House Orval Hansen, Navy, (Repub.–ID, House replicating the get-together later this 1953–75) 1969–75) year. James Lane Buckley, Navy, (Cons.–Repub.– William H. Harsha, Marines, (Repub.–OH, I would like to turn now to our an- NY, Senate 1971–77) House 1961–81) nual fund-raising event, the States- Dale Bumpers, Marines, (Dem.–AR, Senate James Harvey, Army, (Repub.–MI, House manship Award Dinner. Mr. Speaker, 1975–99) 1961–75) as you can see, the Association con- Clair W. Burgener, Army Air Corps, Harry G. Haskell, Jr., Coast Guard, ducts a wide variety of programs and is (Repub.–CA, House 1973–83) (Repub.–DE, House 1957–59) continuing to expand them. All of this Laurence J. Burton, Navy, (Repub.–UT, James F. Hastings, Navy, (Repub.–NY, House 1963–71) House 1969–75) requires financial support. As I men- George Bush, Navy, (Repub.–TX, House William D. Hathaway, Army Air Corps, tioned earlier, at present our funding 1967–71) (Dem.–ME, House 1965–73; Senate 1973–78) comes from three primary sources, M. Caldwell Butler, Navy, (Repub.–VA, Ken Hechler, Army, (Dem.–WV, House 1959– membership dues, program grants and House 1972–83) 77)

VerDate mar 24 2004 04:36 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.009 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2293 Howell Heflin, Marines, (Dem.–AL, Senate Bertram L. Podell, Navy, (Dem.–NY, House I yield to the gentleman from Florida 1979–97) 1968–75) for his remarks. Cecil ‘‘Cec’’ Heftel, Army, (Dem.–HI, House Richard H. Poff, Army Air Corps, (Repub.– Mr. FREY. Mr. Speaker, it was truly 1977–86) VA, House 1953–73) a great event, and, Bob, you graced us Jack Hightower, Navy, (Dem.–TX, House Howard W. Pollock, Navy, (Repub.–AK, all with being there, and your remarks 1975–85) House 1967–71) , Army, (Repub.–IN, House Graham Purcell, Army, (Dem.–TX, House were incredibly touching. 1971–87) 1962–73) And for those of you who missed it, Earl Hogan, Army Air Corps, (Dem.–IN, Albert H. Quie, Navy, (Repub.–MN, House you really missed a wonderful, wonder- House 1959–61) 1958–79) ful evening. This was the seventh din- Frank Horton, Army, (Repub.–NY, House James M. Quigley, Navy, (Dem.–PA, House ner. We have honored in the past Sec- 1963–93) 1955–57, 1959–61) retary of Agriculture , William L. Hungate, Army, (Dem.–MO, Ed Reinecke, Navy, (Repub.–CA, House Lee Hamilton, Lynn Martin, Norm Mi- House 1964–77) 1965–69) neta, DICK CHENEY, and Don Rumsfeld, Earl Hutto, Navy, (Dem.–FL, House 1979– Peter W. Rodino, Jr., Army, (Dem.–NJ, and this is the seventh in a row. We 95) House 1949–89) have been successful. We have grossed Robert W. Kastenmeier, Army, (Dem.–WI, Robert A. Roe, Army, (Dem.–NJ, House House 1959–91) 1969–93) probably well over a million dollars William J. Keating, Navy, (Repub.–OH, Angelo D. Roncallo, Army, (Repub.–NY, now. I think it has become an annual House 1971–75) House 1973–75) event in Washington. It is a fun dinner. , Army, (Repub.–MA, House Fred B. Rooney, Army, (Dem.–PA, House Jimmy Hayes spends a year collecting 1959–73) 1963–79) memorabilia which we can get, which Thomas S. Kleppe, Army, (Repub.–ND, J. Edward Roush, Army, (Dem.–IN, House is a lot of fun, and some valuable House 1967–71) 1959–68 1971–77) things are there. Horace R. Kornegay, Army, (Dem.–NC, J. Roy Rowland, Army, (Dem.–GA, House We had over 450 people at this dinner. House 1961–69) 1983–95) It was sold out. You could not get a Peter Kyros, Navy, (Dem.–ME, House 1967– Bill Royer, Army Air Corps, (Repub.–CA, ticket. So get your tickets early for 75) House 1979–81) Robert J. Lagomarsino, Navy, (Repub.–CA, J.T. Rutherford, Marines, (Dem.–TX, House next March when we will have the next House 1974–93) 1955–63) dinner. Melvin R. Laird, Navy, (Repub.–WI, House Pierre Salinger, Navy, (Dem.–CA, Senate It takes a lot of work. We have a 1953–69) Aug.–Dec. 1964) number of people that really do so Cathy Long, Navy, (Dem.–LA, House Gus Savage, Army, (Dem–IL, House 1981–93) much. It is a team effort. It takes March 1985–1987) William B. Saxbe, Army, (Repub.–OH, Sen- about 9 months to put together. We Thomas A. Luken, Marines, (Dem.–OH, ate 1969–Jan. 1974) have not decided the honorees next House 1974–75, 1977–91) Richard S. Schweiker, Navy, (Repub.–PA, year, but I am sure it will be not as John C. Mackie, Army Air Corps, (Dem.– House 1961–69; Senate 1969–81) MI, House 1965–67) maybe a great event, I do not think we William W. Scranton, Army Air Corps, will be ever able to duplicate that and James R. Mann, Army, (Dem.–SC, House (Repub.–PA, House 1961–63) 1969–79) John F. Seiberling, Army, (Dem.–OH, the event itself, but we hope it will John O. Marsh, Jr., Army, (Dem.–VA, House 1971–87) come close. House 1963–71) Hugo S. Sims, Jr., Army, (Dem.–SC, House Our president is a great auctioneer. Charles McC. Mathias, Navy, (Repub.–MD, 1949–51) He did a great job of auctioning off at House 1961–69; Senate 1969–87) George A. Smathers, Marines, (Dem.–FL, the live auction, and the gentleman Wiley Mayne, Navy, (Repub.–IA, House House 1947–51; Senate 1951–69) from Minnesota (Mr. GUTKNECHT) auc- 1967–75) Robert T. Stafford, Navy, (Repub.–VT, tioned off two flags that will be flown John Y. McCollister, Navy, (Repub.–NE, House 1961–71; Senate 1971–89) over the Capitol on the 60th anniver- House 1971–77) Louis Stokes, Army, (Dem.–OH, House sary of D-Day, and a certificate will go Mike McCormack, Army, (Dem.–WA, 1969–99) House 1971–81) with that signed by the five honorees. Robert E. Sweeney, Army, (Dem.–OH, The Executive Committee is the driv- Donald F. ‘‘Don’’McGinley, Army, (Dem.– House 1965–67) NE, House 1959–61) James W. Symington, Marines, (Dem.–MO, ing force for it. It is Larry LaRocco, Robert J. McIntosh, Army Air corps, House 1969–77) Jack Buechner, , and Jay (Repub.–MI, House 1957–59) Burt L. Talcott, Army Air Corps, (Repub.– Rhodes, Matt McHugh, Jimmy Hayes, Abner J. Mikva, Army Air Corps, (Dem.– CA, House 1963–77) Jim Symington and Bob Carr. Barbara IL, House 1969–73, 1975–79) Lionel Van Deerlin, Army, (Dem.–CA, Boggs Associates has worked for 7 Joe Minish, Army, (Dem.–NY, House 1963– House 1963–81) years with us to run the dinner. 85) Charles A. Vanik, Navy, (Dem.–OH, House Verizon has been a chief of the G.V. ‘‘Sonny’’ Montgomery, Army, (Dem.– 1955–81) MS, House 1967–97) dinner for 6 years. This year, thanks to Weston E. Vivian, Navy, (Dem.–MI, House Larry, the AARP for the first time par- Arch A. Moore, Jr., Army, (Repub.–WV, 1965–67) House 1957–69) Charles W. Whalen, Jr., Army, (Repub.–OH, ticipated in the dinner, and we used Thomas G. Morris, Navy, (Dem.–NM, House House 1967–79) that occasion to announce it. 1959–69) G. William Whitehurst, Navy, (Repub.–VA, Let me say, Larry really worked hard Austin J. Murphy, Marines, (Dem.–PA, House 1969–87) on that day after day. It was sort of a House 1977–95) John S. Wold, Navy, (Repub.–WY, House cliff-hanger, but as usual Larry came John T. Myers, Army, (Repub.–IN, House 1969–71) through. 1967–97) James C. Wright, Army Air Corps, (Dem.– This is really the only outreach we Lucien N. Nedzi, Army Air Corps, (Dem.– TX, House 1955–89) have to the community. We need MI, House 1961–81) Wendell Wyatt, Marines, (Repub.–OR, everybody’s help on this. It really al- Gaylord A. Nelson, Army, (Dem.–WI, Sen- House 1964–75) ate 1963–81) lows us to do all these programs. We Leo C. Zeferetti, Navy, (Dem.–NY, House hope next year you will join us in mak- Richard Dale ‘‘Dick’’ Nichols, Navy, 1975–83) (Repub.–KS, House 1991–93) ing the eighth annual dinner a success. Roger H. Zion, Navy, (Repub.–IN, House Thank you, Mr. President. I appre- Willilam N. ‘‘Bill’’ Patman, Marines, 1967–75) (Dem.–TX, House 1981–85) ciate the chance to address the group. James B. Pearson, Navy, (Repub.–KS, Sen- Mr. LAROCCO. Mr. Speaker, we pre- Mr. LAROCCO. Thank you, Lou. ate 1961–79) sented the five honorees with our Again, on behalf of the Executive Com- Claiborne Pell, Coast Guard, (Dem.–RI, Statesmanship Award at a dinner that mittee, the officers, the Board and all Senate 1961–96) was truly magnificent and lived up to of the membership, we just want to Charles H. Percy, Navy, (Repub.–IL, Senate the great occasion it was. I would like thank you for your leadership in the 1967–84) to thank the gentleman from Florida, past and what you do to get us all to- Peter A. Peyser, Army, (Both.–NY, House Lou Frey, who yet again provided the R 1971–77; D 1979–83) gether to make this dinner such a huge J.J. ‘‘Jake’’ Pickle, Navy, (Dem.–TX, leadership and was the spark plug that success. House 1963–95) helped make the previous six dinners Mr. Speaker, in addition to financial Otis G. Pike, Marines, (Dem–NY, House so successful. This year’s event was no support, the Association benefits enor- 1961–79) exception. mously from the efforts and leadership

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.012 H22PT1 H2294 CONGRESSIONAL RECORD — HOUSE April 22, 2004 of many people. I want to thank the of- nority leader I understand part of your The Chair recognizes the time yield- ficers of the Association, Jack role. I have a certain level of impa- ed back to the gentleman from Idaho Buechner, Jim Slattery, Jay Rhodes tience with it myself. But I am pleased (Mr. LaRocco). and John Erlenborn; the members of to see that bipartisanship is alive and Mr. LAROCCO. Mr. Speaker, I was our Board of Directors and our Coun- well, at least among the former Mem- mentioning when I yielded to the gen- selors for providing the excellent guid- bers in the Congress of the United tlewoman from California (Ms. PELOSI) ance and support necessary to oversee States. that we were expanding our technology these activities. In addition, we are as- Good for you for honoring Sam Nunn. capability, and we are certainly doing sisted by the Auxiliary of the Associa- Sam Nunn is a great American recog- that. tion, this year led so wonderfully by nized throughout our country even I want to mention some special Dana Martin, a truly wonderful person. though he has not been in office for a guests that we have with us today. We We are particularly grateful to them in few years now. He has always been an are very pleased to have with us today their Life After Congress seminars, our inspiration to us in and out of public Douglas Rowland and Douglas Frith of annual dinners, and the new under- office. He is always in public service, the Canadian Association of Former taking, our annual picnic. and his initiative and leadership on Parliamentarians. They are here in the Needless to say, our programs could Nunn-Lugar is as valid and as impor- Chamber with us, and we are delighted not be so effectively run without the tant an initiative now as it was then, to have them with us. It has been a tra- exceptional support provided by our perhaps even more needed today. You dition to have the Former Parliamen- staff. Last year our Executive Director were a leader. You saw early what the tarians from Canada join us for our Linda Reed retired, and we wish her all need would be, and it is an answer for meeting and that we go to Canada for the best with this new stage of her life. us. So thank you, Sam Nunn, for your theirs. We have exchanged very valu- She was an incredibly able and ener- great leadership, and thank you to all able information about our programs getic executive. We thank her for her of you for honoring Sam Nunn. and how we can help each other and ex- many years of hard and dedicated serv- I had to go to a discussion about con- pand our reach within our own con- ice to our Association. tinuation of government, so forgive me stituencies and across the border. She is succeeded as Executive Direc- for being in and out. As I look around, Doug and Doug, we are very, very tor by our former Program Director for I see so many friends on both sides of honored that you have come to Wash- Germany, Pete Weichlein. Our inter- the aisle, and it should not be a par- ington to participate in our annual national programs are managed by tisan issue, but I am afraid it has come meeting, and we would like to thank Miss Sudha David-Wilp. Our member down to that again today. But any you. relations team includes Tom thoughts that you have about, one b 1000 McGettrick and Rebecca Zylberman. thought was that the Members of Con- Our staff sees as its main responsibility gress could suggest their successor in Many association members over the to communicate to our members and to time if an act of terrorism hits Con- past several years have had the good the general public all the good work of gress. I said that would be good, you fortune, as I have had, to meet their the Association, and we have become would not have to change the boards. Canadian colleague, Barry Turner, who much better in using new technology We would just have the same names up has joined us for quite a few of our an- for this communication. And many of there. We could be well represented by nual spring meetings. Unfortunately, you have commented on what a great our very able family members, our con- he could not join us this year, but he benefit it is to receive continuous pro- stituents would. But you come at a sends his regards; and I know I speak gram updates and other news via e- time when you have a great deal, for all of us when I send our best wishes mail. In addition, we are making much should we say, of lively debate on the to Barry. I spoke to him this week on more use of our Website, issues. the phone, and he certainly extends his www.USAFMC.org, and will continue Seeing you reminds us of another greetings to all of you from north of to do so. In the very near future we time when we were able to work out the border. hope to be able to offer video and audio these issues more easily and more ami- Mr. Speaker, it is now my sad duty to reports on our activities via the cably. Hopefully that day will return inform the House and all of our col- Website. leagues of those persons who served in These are truly very exciting times soon. And when it does, it will be be- cause of the influence you all have on Congress and have passed away since for the Association, and the Executive our report last year. The deceased Committee is always asking Peter, do all of us. Congratulations on your good work Members of Congress are: Lamar you have the technology you need to on Congress to Campus. I am not sur- Baker, Tennessee; Harold Budge, Idaho; communicate? How can we be more Barber Conable, New York; Glenn productive in getting the word out to prised that it is such a success with David Skaggs and Mr. Lightfoot, I do Cunningham, Nebraska; Joshua our membership? The video conference Eilberg, Pennsylvania; Thomas S. that we will be doing with Mexico is not know where he is now, and all the others working on it, going from 6 to 40 Gettys, ; David Hender- one example of how we will utilize the son, North Carolina; Louise Day Hicks, technology to expand the reach of our campuses in a short period of time. Massachusetts; Jeffrey P. Hillelson, Association. Thank you for making public service Missouri; Richard Lankford, Maryland; The SPEAKER pro tempore. Would more appealing to young people. Hope- the gentleman yield for a special fully those of us still in office will be Thomas Lewis, Florida; John Lyle, guest? able to follow your lead on that as Texas; , Massachu- Mr. LAROCCO. Mr. Speaker, I would well. setts; Francis Xavier McCloskey, Indi- be delighted to yield to a special guest. Welcome. Good luck in your delibera- ana; Don Mitchell, New York; Patsy T. The SPEAKER pro tempore. The tions. You are a source of strength and Mink, Hawaii; Frank E. ‘‘Ted’’ Moss, Chair recognizes the Democratic lead- inspiration to us. And I want to extend Utah; James Henry Quillen, Tennessee; er, the gentlewoman from California the greetings of all of the Members of John J. Rhodes, Arizona; J. Edward (Ms. PELOSI). the House and Democratic to Roush, Indiana; William J. Scherle, Ms. PELOSI. Thank you very much, every single one of you. Iowa; Carlton Sickles, Maryland; Paul Mr. Speaker. That has a nice ring to it. Again, Mr. Michel, a special welcome Simon, Illinois; Joseph R. Skeen, New Thank you very much, Larry, for yield- to you always. Mexico; Bob Stump, Arizona; Strom ing your time. The SPEAKER pro tempore. The Thurmond, South Carolina; David G. I am pleased to join our very distin- Chair wants to thank the gentlewoman Towell, Nevada; James D. Weaver, guished Speaker in welcoming you to and remind her that in 1990, the St. Pennsylvania; the floor of the House of Representa- Louis Cardinals beat the San Francisco I respectfully ask all of you to rise tives. You are an inspiration to us. You Giants, and she still owes me two for a moment of silence in their mem- built a strong foundation. quarts of chowder. It was based against ory. Thank you. I can tell as I looked Mr. Michel, it is always an honor to Anheuser-Busch’s product. I thank the around that there were certain memo- be in the same room with you. As mi- gentlewoman. ries invoked as I read the names of the

VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.010 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2295 people that have served in this House colleagues offering their congratula- made a solemn commitment to myself and our colleagues, and we miss them tions for this well-deserved symbol of to run for the House and Senate if I and are grateful for their service. our respect, appreciation and admira- ever even had half a chance, which I Mr. Speaker, as you know, each year tion; and I would like to present this to did fortunately in 1972. the association presents a Distin- you, Senator, and we would be honored Here today, like every day as a staff- guished Service Award to an out- to receive some comments. er in 1962 and 1963, and as a Senator for standing public servant. The award Mr. NUNN. Thank you very much, 24 years, I get tingles of excitement normally rotates between parties, as do particularly for this wonderful day and and awe when I walk into this Capitol our officers. Last year, we presented this wonderful honor. and I think of the tremendous power, the award to an extraordinary Repub- Mr. Speaker, Minority Leader the tremendous responsibility, and the lican, Bill Archer. This year, we are PELOSI, Members of the House and Sen- tremendous influence of those who pleased to be honoring a remarkable ate, my former colleagues, my Cana- serve in the Congress of the United Democrat, Senator Sam Nunn. dian colleagues, my friends and fellow States. In the long run, and I think I Sam Nunn served in the United pensioners, as Bill Archer said so well have realized this more since I left the States Senate from 1972 to 1996. For 24 last year when he received this award, Congress than I did when I was in the years, he represented the fine State of being honored by your colleagues and Congress, but in the long run, the most Georgia, attended Georgia Tech, your peers, those who work with you important influence we have, I believe, Emory University and Emory Law and who know the opportunities, as is our influence over young people by School, and served in the United States well as the perils, of public service, is word, but mostly by example. This may Coast Guard. Like many of us, his po- an honor that transcends all others. I be the single most important responsi- litical career began on the State level, am indeed grateful to the Association bility of public service. Every day, we when he entered the Georgia House of of Former Members for this award and must demonstrate that we can be in Representatives in 1968. for your continued dedication to serv- the political arena and yet retain intel- During his tenure in the United ing our Nation and to continuing to lectual honesty and ethical behavior States Senate, Senator Nunn served as help in every way possible those who and civility. That is of enormous im- chairman of the Senate Armed Serv- remain on the frontline, as well as your portance to the continuing of our form ices Committee and the Permanent extraordinary work on college cam- of government. Subcommittee on Investigations. He puses. In my view, basically inspiring Here, today, I again acknowledge my also served on the Intelligence and our young people probably is our most profound admiration to the men and Small Business . important responsibility both as Mem- women, and I must add staffers and His legislative achievements include bers of Congress and former Members. congressional employees, like those the landmark Department of Defense My first job out of law school in 1962 who are sitting behind us today, in- Reorganization Act, drafted with the was working here in the House of Rep- cluding my old friend Charlie Johnson, late Senator, Barry Goldwater, and the resentatives as a staffer for the House Parliamentarian of the House, who re- Nunn-Lugar Cooperative Threat Reduc- Armed Services Committee. Over the main in this arena and in the service of tion Program, which provides assist- years, some of my friends have posed America. Here, today, I express my ance to Russia and the former Soviet the question, Sam, how did you get gratitude to the Members of the House for securing and destroying that great job right out of law school? and Senate, past and present, of both their excess nuclear, biological, and Did you have a great law school record, political parties who have been my chemical weapons. academic record? Did the committee friends, who have been my mentors, Sam Nunn is co-chairman and chief recognize your great potential for lead- who have been my teachers, and who executive officer of the Nuclear Threat ership? Perhaps, but the more honest have been my legislative partners in Initiative, a charitable organization and straightforward answer is that my many different initiatives. Let me leave you with one brief ob- working to reduce the global threats great uncle, Carl Vinson, was chairman servation that may have some rel- from nuclear, biological, and chemical of the House Armed Services Com- evance today, particularly to newer weapons. It is no understatement that mittee, having served from 1915 Members of the House and Senate, in Sam Nunn, both during his years in the through 1965, as a Member of this this era of significant challenges Senate and after leaving the U.S. Con- House; and in 1962 when I came to abroad but increasingly bitter political gress, has made the world a safer place. Washington and spent such a meaning- warfare here at home. Every major im- We are deeply indebted to him for his ful year, he was the chairman of the provement in national security and de- energy, determination, and commit- committee. fense during my time in the United ment in the area of nuclear threat con- Here, as a House staffer and later in States Senate was a result of a few tainment. On behalf of the association, the , I developed Senate and House Members of both par- I am delighted to present our Distin- my passion for public policy and the ties putting our Nation’s security guished Service Award to the honor- political process. It all started here. ahead of partisan politics. I have never able Sam Nunn. This is where really I became enamored succeeded in any major national secu- The plaque that I am going to of the political process and where I rity initiative without a Republican present to the Senator on behalf of the knew that one of these days I was partner. No matter who wins the elec- whole association, and I will call the going to make a run. Here, I learned tions this fall, the most serious prob- Senator up here to receive it, says: from Uncle Carl and others that Con- lems facing America today cannot be ‘‘Presented by the U.S. Association of gress has no higher responsibility met successfully by one party alone. Former Members of Congress to the under the Constitution of our Nation I thank all the Members who are here Honorable Sam Nunn for his over 40 than to provide for the common de- today. I thank the Speaker and the mi- years of exemplary public service to fense. nority leader. You have been most gen- his beloved State of Georgia and the Here, in the fall of 1962, I was exposed erous in sharing your time this morn- Nation. Sam Nunn served 24 years as a to a close-up view of the Cuban missile ing with our former Members. The time United States Senator, chairing for crisis, which left me with an indelible has come for me to invoke be- Congress the Committee on Armed awareness of our duty to avoid nuclear fore the Rules Committee sends out the Services. His legislative accomplish- use and to avoid nuclear conflict, a les- hook. So let me thank you again for ments are too many to list. He truly son that basically occupied a tremen- this high honor, and let me thank each has made the world a safer place, both dous amount of my time when I be- of you for your splendid service and as a Senator through the Nunn-Lugar came a United States Senator and that continued service to our Nation. Cooperative Threat Reduction Pro- even today continues to dominate my Mr. Speaker, I yield the floor. gram, and as former Member by co- post-Senate focus. Mr. BUECHNER (presiding). The chairing and guiding the work of the Here, during my one brief, but Chair thanks the gentleman from Geor- Nuclear Threat Initiative.’’ impactful, year as a member of the gia. Senator, I am so pleased to present House staff, I met Colleen O’Brien, my At this time, the Chair would like to you with a scrapbook of letters from bride of now nearly 39 years; and I recognize two other special guests that

VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.012 H22PT1 H2296 CONGRESSIONAL RECORD — HOUSE April 22, 2004 we have had join us. We have got the Oh, I might just say, and I was going have just come back from a 12-nation gentleman from Maryland, part of the to start with this, that, tragically, and 12-day trip. Billy and I went all Democratic House leadership, STENY sadly, and, Larry, I came in as you over Southern Europe, Central and HOYER. Would the gentleman like to were reading the list of Members who South Asia. And because I come from make a few remarks? have passed away, but two of the Mem- California, I have talked to a number Mr. HOYER. Certainly. I will, as bers who were my predecessors in the of people from Mexico who have re- John Brademas did, I will use the tra- Fifth Congressional District of Mary- ferred to the fact that the work of the ditionally opposite podium. I under- land passed away this past year. study group has had a great impact on stand NANCY had spoken to you a little Dick Lankford, I know some of you this very important relationship. So I earlier and welcomed you here. I have knew Dick, he was here for 10 years, want to encourage you there. spoken at many of these, perhaps not served on the Committee on Armed I also want to join in recognizing my all, in the last few years. Services. I was a sophomore at the Uni- friend Sam Nunn, and you all are abso- I might say that I heard how long versity of Maryland. I think he was the lutely right on target, and STENY is Senator Nunn served in the Senate. first that I really right in saying that we wish he were There are some of us who believe he did met. Dante Fascell was the first one I still here because of the stellar leader- not serve long enough in the Senate; knew about when I was going to high ship he has provided us. But he is doing and, Sam, congratulations to you for school in Florida. it in so many other areas, and I have this honor and appropriate recognition And then Carlton Sickles. You men- been thrilled to work with him at CSIS of the extraordinary work that you tioned Carlton Sickles, who called up and in a number of other fora. have done for our country and, happily Danny Brewster, for whom I was work- In just a few , we are going to for our country, continue to do. We ap- ing in 1962 and 1963 and 1964, when I was be beginning a very interesting debate preciate that. graduating from law school, and they that all of you will be fascinated with, For those of us from the University asked me to run for the State senate. I and that is the question of the con- of Maryland, we recognize Bill Archer’s turned them down twice. Tom, you tinuity of Congress. After September claim to fame is that he is the father- may remember this. I turned them 11, we looked at the prospect of this in-law of Fred Funk, the former coach. down twice because I did not think I fact. I was the last person to leave the For those of you who are golf fans, could win the State senate seat. And Capitol on September 11. I left about 11 Fred Funk is one of the great golfers in Carlton Sickles, who was then the Con- a.m. that morning, and I did so when America on the pro circuit and always gressman-at-large over here and was one of the guards down here said there was a plane they had lost contact with does a great job; and I always tell Bill running for Governor, called up Brew- that was headed right for this building. Archer that is why he is famous, not ster and said, no, urge him to run, he We all know it was the plane that for being in the House. can win. I will help him. We will give ended up going into the ground in I am pleased to be here with all of him a lot of money, et cetera, et Pennsylvania because of those coura- you and add my word of welcome to cetera. geous people who were on board that you. I have said it in the past. Sam just You have all been there and done that. I did run. He did give me a lot of flight. mentioned it. At a time of great chal- After that time we looked at the support; no money, but a lot of sup- lenge for our country abroad, we find thought that really had not been con- port, and I was successful. But he ourselves unfortunately divided at templated by many, except it was dis- passed away, and I had the honor of home, not only in the Congress but our cussed in the 1950s, of a huge loss of speaking at his memorial service just a country divided, as all of us know, and life. So we are going to today be con- few weeks ago. that is reflected in the very close divi- sidering legislation which would call So we have been diminished by their sions that we find when the public goes for expediting the special elections losses, but we are advantaged by your to the poll; and when they are polled, that would be held following that loss continuing participation. God bless we find out how closely divided they of life. And just to give you my view on are. you. Thank you very much. Mr. BUECHNER (presiding). In order it, I am struggling because there are It is important, I think, for those of some who want to have Governors ap- to provide some sort of balance with you who had the opportunity to serve, point Members of the House of Rep- the comments by sitting Members, the and John Brademas, this morning, my resentatives or have us actually ap- Chair would like to invite the chair- predecessor, I hung the pictures of all point our successors, which to me is man of the Committee on Rules, the the former whips in the hallway lead- completely counter to the Madisonian Congressman from California, DAVID ing to my office now, an extraordinary view of this being the people’s House. group of people. DREIER, to say a few remarks. I see two former Members of the Sen- Mr. DREIER. Thank you very much, b 1015 ate here, and you can serve in the Sen- Mr. Speaker. Let me just join in the bi- ate by appointment. We know from the And, John, thank you for all that you partisan welcome and to say that former minority leader of this place, have done for our country as well. STENY HOYER has just recognized Billy Jerry Ford, that you can become Presi- But I would urge all of us, not you Pitts, and I think it is important to dent of the United States by appoint- and me, but all of us, together, to try note that Billy Pitts’ father worked for ment, yet we all know this is the only to increase the dialogue and under- 41 years for the longest-serving whip in federally elected office where you have standing, lower the confrontation and the history of this institution, Les to be elected to serve. So we are going increase the cooperation that we so Arends. Billy, as you all know, worked to begin in just a few minutes that de- desperately need when challenged so for Bob Michel and ran this place when bate, and I hope that all of you will fol- heavily, I think, abroad. we actually were in the , even low it because it is going to be a fas- I noticed the Speaker, my Speaker, though many on the other side of the cinating one as we look at this chal- has his arm around a wonderful staffer aisle did not realize that, during the lenge to the institution. as well, Billy Pitts, who left the Con- 1980s, leading up to 1994. Billy made Anyway, I hope it is a long time be- gress, went out and made vast sums of sure that we were in the majority, and fore I join your ranks, but I just want- money in the private sector, I hope, I feel very fortunate that he has come ed to let you know it is nice to be here and is now back with us trying to back to work with me on the House with you all. Thanks. straighten out DAVID DREIER. A very Committee on Rules. He is sitting next Mr. LAROCCO. Mr. Speaker, I have difficult job, but Billy is so talented, he to the guy who appointed me to the noticed some former Members have may be able to do that. Committee on Rules. joined us during the course of our re- So welcome to all of you. We are glad And it is interesting as I sit here and port, and I would like to invite them to you are here, but much more impor- listen to the great remarks, and I lis- come up to the desk and make sure tantly, we are glad that you continue tened upstairs, I had the television on their attendance here is noted for the to be active, involved, and leaders in and listened to Larry’s comments RECORD. our country. Thank you very much. about the international involvement This, essentially, concludes our 34th Good to see you. that so many of you all are having. I Annual Report to the Congress. I just

VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.014 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2297 want to say personally that my term is present this plaque to you, which is him similar to ‘‘Hanoi Jane’’? He is ending shortly as president of the Asso- just a small token of the thanks for so called ‘‘Hanoi John.’’ ciation. I want to thank the Board and many years of effort and such a great f the Executive Committee for their job, and we truly are blessed with your ANNOUNCEMENT BY THE SPEAKER great support, and all of you for your service. Thank you so much, Larry. PRO TEMPORE support of the Association and just for The SPEAKER pro tempore. The gen- giving me the honor and the privilege tleman yields back his time. The SPEAKER pro tempore. The to serve as your president for the last The Chair again wishes to thank the Chair would ask Members not to refer 2 years. It has truly been a wonderful 2 former Members of the House for their in a personal way to Senators who are years to work on the programs here. presence here today. And to reiterate candidates for President. And I want to thank Sam Nunn, too, the remarks of the gentleman from f for honoring us here to receive the Idaho, for all those Members present RISING COSTS OF COLLEGE award and for his great remarks. who did not record their presence, EDUCATION Thank you so much, Sam. And to our please come to the reading clerk and be bipartisan leaders of the current Mem- so designated. (Mr. EMANUEL asked and was given bers who have come to greet us. Good luck to you all. permission to address the House for 1 We have a wonderful program today, The Chair announces that the House minute.) starting in just a few minutes, with a will reconvene at 10:45 a.m. Mr. EMANUEL. Mr. Speaker, today’s press panel over in the Cannon House Accordingly (at 10 o’clock and 25 New York Times states that middle- Office Building, but with that, Mr. minutes a.m.), the House continued in class families are being edged out of Speaker, I yield back my time and con- recess. the prestigious universities by rising costs of college education. Access to clude my report. f The SPEAKER pro tempore. The gen- college for middle-class families has tleman has concluded his report, but b 1045 worsened over the last few years, an- other example of the middle-class before terminating these proceedings, AFTER RECESS the Chair would like to recognize the squeeze in America. gentleman from Florida, Lou Frey, for The recess having expired, the House The greatest disservice that we have a special presentation. was called to order by the Speaker pro done to middle-class families in Amer- Mr. FREY. Mr. Speaker, this will tempore (Mr. LAHOOD) at 10 o’clock and ica is to convince them of the necessity just take a couple of minutes, but I 45 minutes a.m. of college education for their children think this is really important. It is a f and then priced it out of reach for their children. great privilege for me to recognize the PRINTING OF PROCEEDINGS HAD College tuition at public universities outgoing president, Larry LaRocco, for DURING RECESS his many years of outstanding service has increased by 14 percent last year to the organization. As he just said, his Mr. KLINE. Mr. Speaker, I ask unan- and in certain States by 20 or 30 per- term as president comes to an end this imous consent that the proceedings cent. In my home State of Illinois year, and all of us, members of the Ex- had during the recess be printed in the today, when a college graduate gets a ecutive Committee, the Board of Direc- CONGRESSIONAL RECORD and that all diploma, on the backside is their first tors, Association members and our Members and former Members who Visa bill. Every kid graduates with an staff, wish to thank Larry for his ex- spoke during the recess have the privi- average of $15,000 of debt. ceptional leadership. He has amazing lege of revising and extending their re- College tuition is running three drive and energy, and he has brought a marks. times the rate of inflation; but Con- vision to the presidency like few others The SPEAKER pro tempore. Is there gress has not made the investment in before him. objection to the request of the gen- higher education, and costs have Ever since he joined our Association, tleman from Minnesota? soared. While college costs have sky- he has been such a great asset, and we There was no objection. rocketed, Pell grants have been frozen are glad he will remain on our Board f for 3 years. And in the year in which we and on the Executive Committee even are to reauthorize the Higher Edu- JOHN KERRY DOES NOT BELONG now that his term as president is end- cation Act which deals with Pell grants IN THE WHITE HOUSE ing. In my opinion, and I know many of and Perkins loans, what has Congress my colleagues share in this assess- (Mr. SAM JOHNSON of Texas asked done? ment, this Association has taken quan- and was given permission to address f tum leaps since Larry became presi- the House for 1 minute and to revise RECOGNIZING MEMBERS OF 432ND dent. and extend his remarks.) CIVIL AFFAIRS BATTALION He has talked about the Congress to Mr. SAM JOHNSON of Texas. Mr. Campus program that has almost quad- Speaker, on this day in 1971, JOHN (Mr. GREEN of Wisconsin asked and rupled in size, the international compo- KERRY showed his true colors; and they was given permission to address the nent that we have, and the tours to are not red, white, and blue. House for 1 minute.) Taiwan, France and Germany. In addi- Before the Senate, before America, Mr. GREEN of Wisconsin. Mr. Speak- tion, Larry has brought us into the and before the world, he blasted our er, it is my great honor to recognize 22nd century, I think, with his space- Nation, chastised our troops, and hurt before this House the brave members of age technology, and he continues to our morale. He famously declared that the 432nd Civil Affairs Battalion who drag us in that direction. soldiers tortured innocent Vietnamese are returning home today from their I personally believe that because of and that America was the worse viola- overseas deployment. Larry LaRocco’s leadership, the U.S. tor of the Geneva Conventions, not Northeastern Wisconsin is often Association of Former Members of Vietnam. called the ‘‘land of legends’’ for our fa- Congress is perceived as a vibrant and In 1971 when JOHN KERRY had the bled football team, the Green Bay engaged NGO that allows its unique freedom to stand up to defy duty, Packers. The gridiron leadership of membership to continue their service honor, and country, I just emerged men like Lombardi and Lambeau and to the country. He took existing pro- from 4 years of solitary confinement, Nitschke made Green Bay synonymous grams and made them better. He where the Vietnamese did not adhere with strength and courage and tri- brought ideas to the table that upon to the Geneva Conventions. umph. implementation have resulted in new What he did was nothing short of aid- But it is not our sports heroes who and exciting ventures for our Associa- ing and abetting the enemy. A person make our area truly legendary. It is tion. like JOHN KERRY does not belong in the our servicemen and -women who have Larry, you just did an incredible job. White House. put their lives on the line to defend We thank you so much. And on behalf Is it any wonder my comrades from freedom. Under the most difficult con- of the Association, I would like to Vietnam and I have a nickname for ditions, brave troops of the 432nd have

VerDate mar 24 2004 02:22 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.015 H22PT1 H2298 CONGRESSIONAL RECORD — HOUSE April 22, 2004 strived to rebuild a nation ravaged by Traveling to Nome, Alaska last sum- ous decision facing our Nation. Very tyranny and war and strife. Obviously, mer, I was told by a group of doctors soon the American people will be asked our work there is not yet done. But we there that they could not afford the li- to make an important choice. We will can take comfort in the fact that some ability premiums for an anesthesiol- be asked to decide who will best lead of our finest countrymen carry the ogist in the town of Nome, Alaska. our Nation for the next 4 years. One torch of liberty in Iraq. When their obstetricians have a com- candidate, JOHN KERRY, would claim to Mr. Speaker, the members of the plicated pregnancy, they have to put have the best interests of America at 432nd, along with all of our servicemen that woman on a plane and send her to heart. However, Mr. KERRY’s history and -women, deserve our praise, our Anchorage. I fail to see how that fur- tells a different story. support, our gratitude. They are gen- thers patient safety. Thirty-three years ago today, he uine heroes. A director of a residency program stood before the Senate Foreign Rela- f told me that currently they are now tions Committee disparaging, dispar- MEDICARE MODERNIZATION accepting people they would not have aging our brave servicemen and interviewed for their obstetrics and -women as murderers. Yet today in (Mrs. JOHNSON of asked gynecology program 5 years ago be- pursuit of the Presidency of what he and was given permission to address cause young men and women do not called a ‘‘hypocritical’’ Nation, he the House for 1 minute and to revise want to go into obstetrics and gyne- boasts of his service alongside them. and extend her remarks.) cology. Every man and woman who has stood Mrs. JOHNSON of Connecticut. Mr. Mr. Speaker, we have a President in defense of our Nation deserves our Speaker, since Medicare was founded, who will sign a medical liability bill. thanks. But JOHN KERRY’s service does medicine has changed and seniors have We have a candidate who has either not excuse him from joining ranks with changed. We all know how medicine voted ‘‘no’’ or been absent when that Jane Fonda and others in speaking ill has changed, MRIs, open heart surgery, bill has come to the Senate. of our troops or their service then or all the dramatic procedures, all the new diagnostic tests; and Medicare has f now. On the anniversary of these out- a cumbersome though slow way of ac- PRESCRIPTION DRUG COVERAGE commodating its system to be able to rageous claims by JOHN KERRY, I be- (Mr. REHBERG asked and was given lieve we must remind the veterans of deliver modern medicine. permission to address the House for 1 More importantly, seniors have our United States Armed Forces, past, minute.) changed. They are living longer. They present, and future of our appreciation, Mr. REHBERG. Mr. Speaker, for the are living with chronic diseases. And of our thanks for their service to our first time in history, seniors across the Medicare has not accommodated at all military and our Nation. country are about to have an option of to that dramatic change in our seniors’ f lives. choosing Medicare prescription drug coverage if they so desire. Beginning JOHN KERRY SHOULD APOLOGIZE So I was delighted this week to an- TO AMERICAN VETERANS nounce with Secretary Tommy Thomp- May 3, thanks to the improvements we son the implementation of those provi- made to Medicare, each beneficiary (Mr. WILSON of South Carolina sions of the Medicare Modernization will be entitled to select a prescription asked and was given permission to ad- Act which will for the first time enable drug discount card of their choice that dress the House for 1 minute and to re- Medicare to deliver to our seniors mod- will provide immediate savings, includ- vise and extend his remarks.) ern medical care to better support ing a $600 credit for qualifying low-in- Mr. WILSON of South Carolina. Mr. those with chronic illnesses. come individuals. Speaker, 33 years ago today, John Twenty percent of our seniors have Those who voted against these Kerry appeared before the Senate to five or more chronic illnesses. They use changes do not seem to want seniors to talk about Vietnam. Many veterans, two thirds of the Medicare dollars, and know that the new prescription drug including myself as a veteran, view we have not been able to deliver what coverage will help 14 million low-in- JOHN KERRY’s testimony that day as modern medical science knows about come Medicare recipients who need it one of the worst public slanders ever how to prevent the progress of chronic most, those who are having to choose against the valor and character of the illness. We started today through the between food and medicines they need. American military. Medicare Modernization Act which we For the past 4 months, those who In a sad act of political theater, JOHN voted through in this House, to do just have voted against the drug coverage KERRY accused American soldiers of that. have not been sharing with seniors in- rape, torture, murder, and even offered f formation about the new opportunity up comparisons of Genghis Khan. What to sign up for prescription drug cov- he said that day has been discredited. EMBEDDED COSTS OF MEDICAL erage. Some of the men used as sources for LIABILITY Why should seniors not be allowed to war crimes later were found to have (Mr. BURGESS asked and was given learn that they will soon have choice never been to Vietnam. permission to address the House for 1 and control over their prescription Yet just last Sunday on ‘‘Meet the minute and to revise and extend his re- drug plans? Do seniors not have the Press,’’ JOHN KERRY failed to apologize marks.) right to know that their new coverage for his extremist accusations. His Mr. BURGESS. Mr. Speaker, we have will give them better access to more words in 1971 are important because he heard several times about how the em- prescription drugs at lower prices? Do used false information to turn public bedded costs of the medical justice sys- they not have the right to know that if opinion against the men who were serv- tem, medical liability, negatively im- they already have prescription drug ing their country honorably, such as pact the medical system in this coun- coverage that they can stay with their the gentleman from Texas (Mr. SAM try. In fact, I think on Fox News over plan if they like it? JOHNSON), who survived 7 years as a the weekend they had a rather dra- Ten days from now seniors will be POW in Vietnam. matic piece on how the cost of soaring free to choose for themselves. These troops returned to face unfair premiums has driven some doctors out f persecution, and John Kerry owes them of practice. an apology. DISPARAGING REMARKS BY JOHN But make no mistake about it. While In conclusion, may God bless our KERRY it may affect the doctors’ livelihood, it troops, and we will never forget Sep- ultimately affects access for patients. (Mr. KLINE asked and was given per- tember 11. In my district, that has meant mission to address the House for 1 f perinatologists, specialists who deal in minute and to revise and extend his re- high-risk obstetrics, who have closed marks.) EARTH DAY their shops; neurosurgeons who have Mr. KLINE. Mr. Speaker, I rise today (Mr. MICHAUD asked and was given left town; trauma centers that have with many of my fellow veterans in permission to address the House for 1 been put at risk. this body to bring attention to a seri- minute.)

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.018 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2299 Mr. MICHAUD. Mr. Speaker, today is Mr. HUNTER. Mr. Speaker, when KERRY PLANS TO ELIMINATE Earth Day, and the President is coming Americans watched U.S. troops take SMALL BUSINESS FEDERAL CON- to my home State of Maine to speak Baghdad through embedded media, TRACTS about the environment. they saw the American GI in his true (Mrs. BLACKBURN asked and was Unfortunately, the administration character. They saw a GI who was com- given permission to address the House has taken us backward in protecting passionate, who was honorable, and for 1 minute and to revise and extend the environment, and Maine is worse who had great courage. In a way they her remarks.) off because of it. In August, the EPA saw also the GIs of Vietnam because in Mrs. BLACKBURN. Mr. Speaker, the rolled back pollution controls for coal- many cases those were the sons and Nashville Business Journal recently burning plants in the Midwest and just grandsons and granddaughters of peo- ran an article entitled ‘‘Kerry Plan recently announced plans to allow ple who had fought in Vietnam, people Would Cut 100,000 Government Con- more mercury to be emitted into the who had the same character, the same tracting Jobs.’’ This was reporting on air, just as we find that many parts of honor, the same courage. JOHN KERRY’s plan to eliminate 100,000 Maine do not meet quality air stand- private sector contractor jobs. Appar- ards. b 1100 ently, he does not feel that the private This is not just bad for air. It is bad sector provides much bang for the tax- Yet we have had a person who is run- for jobs. When the EPA rolled back payer buck. His solution is bigger gov- ning for President, Senator JOHN mercury regulations in August, hun- ernment, less competition. dreds of pipe fitters were laid off be- KERRY, describe those people as having According to the Professional Serv- cause the pollution-control equipment murdered 200,000 people in Vietnam, ices Council, small businesses would being stoned on pot 24 hours a day, they installed was no longer needed. bear the brunt of KERRY’s return to big Protecting our air is not a partisan that is he said 60 to 80 percent of them, government. Last year, small busi- issue. Clean air improves public health, and ravaging the country in a Genghis nesses competed for and won $63 billion saves money, and can create jobs for Khan-like fashion. in government contracts, equaling Americans. The administration cannot I think Americans have a choice. If more than 25 percent of the Federal just ‘‘outsource’’ the responsibility for you feel that your son or daughter did Government’s contracting budget. protecting our environment to another those acts in Vietnam, if that was a Study after study has shown that country. true characteristic of American GI’s in contracting with our Nation’s small f Vietnam if you served in Vietnam, if business sector reduces the cost to tax- you think your husband conducted payers, conserving taxpayer dollars. JOHN KERRY AS COMMANDER IN himself in that fashion, perhaps you CHIEF? That should trump favors to special in- want to vote for JOHN KERRY. If you terests and big business any day. (Mr. CUNNINGHAM asked and was think that is a wild-eyed, nutty state- Mr. Speaker, those of us in touch given permission to address the House ment that is not an appropriate state- with folks outside the Beltway know for 1 minute.) ment for somebody running for Presi- small businesses make this country Mr. CUNNINGHAM. Mr. Speaker, dent of the United States, vote against run. Colonel Bud Day, former Vietnam pris- JOHN KERRY. f oner of war for over 6 years, recalls in his book on how Jane Fonda, Ramsey f DISPARAGING THE HONORABLE Clark, and JOHN KERRY energized the SERVICE OF VIETNAM VETERANS enemy through their accusations and TROUBLING REMARKS BY JOHN (Mr. STEARNS asked and was given hurt them as prisoners of war. KERRY permission to address the House for 1 Mr. Speaker, I was shot down over minute and to revise and extend his re- North Vietnam at that time. I can re- (Mr. GIBBONS asked and was given marks.) member the anger and the disparaging permission to address the House for 1 Mr. STEARNS. Mr. Speaker, 30 years remarks that JOHN KERRY made about minute and to revise and extend his re- ago a Vietnam veteran went to the our service. I remember the rage in all marks.) Senate Committee on Foreign Rela- of us from his slander. Mr. GIBBONS. Mr. Speaker, I rise tions and he delivered a stinging in- I am proud of the men and women today also to highlight some very trou- dictment of our American troops, all of that I served with in Vietnam and bling remarks by JOHN KERRY, who is the American troops serving in Viet- those that are serving us at great risk now seeking the Presidency of the nam. He stated that murders and other today in Iraq and Afghanistan and all United States, our Commander-in- crimes were ‘‘not isolated instances, over the world. Chief. but crimes committed on a day-to-day Even today, JOHN KERRY votes In 1971, KERRY testified before a Sen- basis with the full awareness of officers against defense, the military, veterans, ate committee that communism was at all levels of command.’’ and intelligence bills that would en- not a real threat to the United States. That individual who alleged that our force the safe return of our men and He went so far as to say that the U.S. military openly and systematically women. We do not need someone that was ‘‘reacting under Cold War precepts violated the Geneva Conventions more would vote like a Jane Fonda as com- which are no longer applicable.’’ than any other body is now running for mander in chief. Mr. Speaker, that was 1971. I think President, and that is Senator KERRY. f we can all agree the Cold War was very Many of these charges rose from the Winter Soldier Investigation, where ac- ANNOUNCEMENT BY THE SPEAKER much applicable and continued to be for the next two decades. tivists gathered to describe these war PRO TEMPORE crimes. It was later learned that many Now JOHN KERRY has the gall to com- The SPEAKER pro tempore. The of those who confessed these war pare our efforts in Iraq to Vietnam. Chair would remind Members that per- crimes never served near a battlefield. sonal attacks on Members of the Sen- Mr. Speaker, as a veteran of Vietnam It was a fraud. ate do not comport with the rules of War, I take great offense to Mr. Senator KERRY disparaged the honor- the House. KERRY’s statements, then and now. Our able service of all the countless vet- efforts in Iraq have liberated millions f erans who served in Vietnam with of civilians from a brutal dictator that these charges, and he should apologize JOHN KERRY’S ACCUSATIONS has used weapons of mass destruction for what he said against his fellow vet- AGAINST AMERICAN SOLDIERS against his own people. erans. IN VIETNAM The world is a safer place without f (Mr. HUNTER asked and was given Saddam Hussein in power, and the permission to address the House for 1 United States is a safer place with IN DEFENSE OF JOHN KERRY minute and to revise and extend his re- President Bush as Commander-in- (Mr. LARSON of Connecticut asked marks.) Chief. and was given permission to address

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.020 H22PT1 H2300 CONGRESSIONAL RECORD — HOUSE April 22, 2004 the House for 1 minute and to revise I spent 2 years, 1968 to 1970, as a psy- record, but not to make personal at- and extend his remarks.) chiatrist in the United States Navy tacks. Mr. LARSON of Connecticut. Mr. taking care of people who lived Mr. LEWIS of Georgia. Mr. Speaker, Speaker, especially with so many in through what JOHN KERRY went to war it is my understanding this person is the gallery today, I rise to defend JOHN about, and for anybody to come out not even the nominee of his party yet. KERRY from the onslaught on the floor here and attack his war record, you The SPEAKER pro tempore. The today, a decorated veteran in Vietnam, have to have pretty good credentials. Chair has not purported to identify an a person who received three Purple Now, if you served and showed up for actual nominee. Hearts and the Silver Star for serving drills at your local National Guard, I f with distinction. And now, because he think those would be acceptable cre- PARLIAMENTARY INQUIRY is a candidate for President of the dentials. But if you were in the Na- United States, he receives the unbri- tional Guard and you did not show up, Mr. INSLEE. Mr. Speaker, I have a dled attack from the opposition. you were AWOL for a whole year, you parliamentary inquiry. We ought to rise above this here on have got real nerve to start an attack The SPEAKER pro tempore. The gen- tleman will state it. the floor of the House and across the on JOHN KERRY’s character. Mr. INSLEE. Mr. Speaker, is it ap- Nation in this debate. What we need to During that war many people on both propriate for the Speaker, who presides do is focus on the issues that this coun- sides of the issue, whether we should go over this Chamber, when there is a try desperately needs to address, sen- to war or were against the war, acted clear and direct personal attack using iors that need prescription drugs, peo- bravely. But some people were simply personally disparaging comments ple that are out of work and unem- not available. They never showed up about a Member of the United States ployed. for their flight physical. They were not Senate on a repeated basis, is it appro- What we need is leadership, the kind there. of leadership that JOHN KERRY provided priate or allowable for the Speaker to in the fields of Vietnam, that he has f interject and prohibit that activity, provided with distinction in the United ATTACKS ON JOHN KERRY even without a Member of the Chamber States Senate, and that he will provide SHOULD NOT BE COUNTENANCED expressing a concern? as President of the United States. (Mr. INSLEE asked and was given In other words, does the Speaker f permission to address the House for 1 have the ability to exercise preemptory minute and to revise and extend his re- power to enforce the rules of this THE BENEFITS OF MEDICARE’S House when there is a sneak attack NEW DRUG PROVISIONS marks.) Mr. INSLEE. Mr. Speaker, one of the disparaging the personal integrity of a (Mr. BLUNT asked and was given things America abhors is a sneak at- U.S. Senator? permission to address the House for 1 The SPEAKER pro tempore. That is tack. President Roosevelt in this minute and to revise and extend his re- the Speaker’s role, and the Member Chamber described December 7 as a day marks.) should have seen the Chair admonish Mr. BLUNT. Mr. Speaker, for too that would live in infamy. What I saw a few minutes ago is a those not following the rules. long seniors have been paying extraor- f dinary high prescription drug costs sneak attack on a Member of the U.S. with no relief measures in sight. But Senate by a bunch of my colleagues HONORING THE GARDEN GROVE thanks to the recently signed Medicare who came down here and disparaged ELKS CLUB and Prescription Drug Improvement him, contrary to the rules of the (Ms. LORETTA SANCHEZ of Cali- and Modernization Act, Medicare will House. The Speaker repeatedly admon- fornia asked and was given permission now provide drug cards to all seniors ished them for violating the best tradi- to address the House for 1 minute and who need them at a cost ranging from tions of this House, and my colleagues to revise and extend her remarks.) a $30 maximum each year to free. continually came to the Chamber to Ms. LORETTA SANCHEZ of Cali- These cards, even for those who continually violate those traditions of fornia. Mr. Speaker, I rise today to would get them for free, are completely this House. honor the Garden Grove Elks Lodge voluntary. They will be made available Mr. Speaker, I want to give notice 1952 for their contributions to my com- to seniors beginning June 1 of this that we have a long time in this elec- munity of Garden Grove, California. year. Low-income seniors will have a tion period coming up, and we have The Garden Grove Elks Club is just $600 annual credit on their card. Sen- problems deciding what we are going to one of thousands of Elks chapters iors can sign up for a Medicare-en- do about Iraq, and it is not going to across this Nation. They operate on the dorsed discount card as early as May 3. help us if we turn this into a Chamber ideals of charity and patriotism, con- Seniors are encouraged to find out of personal assassination. tributing to schools, police and fire de- what card is best for them by calling 1– Let me just say, there is a lot of partments, and also working with their 800–MEDICARE and asking about drug nerve in this Chamber attacking a guy youth in their community. savings. Seniors and their families can who has a Bronze Star, a Silver Star The Elks Club consists only of volun- visit www.medicare.gov to find out and Purple Hearts in the tradition of teers, those citizens who strive to more about which card is best for them his Nation, and it should not be coun- make a difference based solely on the where they live. tenanced by the Speaker ever under goodness of their heart. Mr. Speaker, I encourage all seniors any circumstances, whether Democrats I would also like to recognize Elks and people who care about them to in- are in the Chamber to object or not. Lodge 1952’s newly installed officers: quire about enrollment, to see if this is f Dave Offhaus, Dave Skelton, Gary a better plan for them, and to begin PARLIAMENTARY INQUIRY Mueller, Randy Barrows, Lynn Johnson immediately saving on their drug and Jim Faulkner. I wish these new of- costs. Mr. LEWIS of Georgia. Mr. Speaker, ficers much luck in the coming year, I have a parliamentary inquiry. f and I would also like to extend my ap- The SPEAKER pro tempore (Mr. preciation for all that they do for our CREDENTIALS NEEDED FOR THOSE LAHOOD). The gentleman will state it. community. ATTACKING JOHN KERRY Mr. LEWIS of Georgia. Mr. Speaker, f (Mr. MCDERMOTT asked and was I just want to raise a question. Is it given permission to address the House proper, is it appropriate, is it a viola- ANNOUNCEMENT BY THE SPEAKER for 1 minute and to revise and extend tion of House rules for Members of this PRO TEMPORE his remarks.) body to attack Members of the other The SPEAKER pro tempore. The Mr. MCDERMOTT. Mr. Speaker, I body by name? Chair will clarify what he had said to came to the floor to talk about Earth The SPEAKER pro tempore. When a the gentleman from Washington. Day, but listening to what is going on Member of the Senate is a presumptive In the event that a Member does need out here makes me think I will change nominee for President, it is proper and to be interrupted for improper ref- my subject. fair to speak about the Senator’s erences to presidential and nominated

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.024 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2301 candidates, the Chair will interrupt the CONTINUITY IN REPRESENTATION time yielded is for the purpose of de- Member and admonish the Member if ACT OF 2004 bate only. he is not in comportment with the Mr. HASTINGS of Washington. Mr. (Mr. HASTINGS of Washington asked rules. Speaker, by direction of the Com- and was given permission to revise and mittee on Rules, I call up House Reso- extend his remarks.) f lution 602 and ask for its immediate Mr. HASTINGS of Washington. Mr. consideration. Speaker, House Resolution 602 is a structured rule providing for the con- MAKING IN ORDER AMENDMENT The Clerk read the resolution, as fol- lows: sideration of H.R. 2844, the Continuity IN LIEU OF AMENDMENT 3 in Representation Act of 2004. The rule PRINTED IN HOUSE REPORT 108– Resolved, That at any time after the adop- tion of this resolution the Speaker may, pur- provides 60 minutes of general debate 466 DURING CONSIDERATION OF suant to clause 2(b) of rule XVIII, declare the with 40 minutes equally divided and H.R. 2844, CONTINUITY IN REP- House resolved into the Committee of the controlled by the chairman and rank- RESENTATION ACT OF 2004 Whole House on the state of the Union for ing minority member of the Committee Mr. HASTINGS of Washington. Mr. consideration of the bill (H.R. 2844) to re- on House Administration and 20 min- quire States to hold special elections to fill utes equally divided and controlled by Speaker I ask unanimous consent that vacancies in the House of Representatives during consideration of H.R. 2844, pur- not later than 21 days after the vacancy is the chairman and ranking minority suant to House Resolution 602, the announced by the Speaker of the House of member of the Committee on the Judi- committee amendment in the nature of Representatives in extraordinary cir- ciary. a substitute recommended by the Com- cumstances, and for other purposes. The first The rule waives all points of order mittee on the Judiciary be considered reading of the bill shall be dispensed with. against consideration of the bill for as the original bill for the purpose of Points of order against consideration of the failure to comply with clause 3(c)(4) of amendment, and the amendment I have bill for failure to comply with clause 3(c)(4) rule XIII requiring the inclusion of of rule XIII are waived. General debate shall general performance goals and objec- placed at the desk be in order in lieu of be confined to the bill and shall not exceed 60 the amendment printed in part B of tives in a committee report. minutes, with 40 minutes equally divided and The unanimous consent request just House Report 108–466 and numbered 3. controlled by the chairman and ranking mi- nority member of the Committee on House agreed to provides that the amendment The SPEAKER pro tempore. The in the nature of a substitute rec- Clerk will report the amendment. Administration and 20 minutes equally di- vided and controlled by the chairman and ommended by the Committee on the The Clerk read as follows: ranking minority member of the Committee Judiciary now printed in the bill shall An amendment offered in lieu of - on the Judiciary. After general debate the be considered as an original bill for the ment No. 3 printed in House Report No. 108– bill shall be considered for amendment under purpose of amendment which shall be 466 offered by Mr. SKELTON of Missouri: In the five-minute rule. It shall be in order to considered as read. section 26(b) of the Revised Statutes of the consider as an original bill for the purpose of The original text for purpose of the United States, as proposed to be added by amendment under the five-minute rule the amendment will not include the text of the bill, add at the end the following new amendment in the nature of a substitute rec- part A of the Committee on Rules re- paragraph: ommended by the Committee on the Judici- ary now printed in the bill, modified by the port. The unanimous consent agree- ‘‘(5) PROTECTING ABILITY OF ABSENT MILI- amendment printed in part A of the report of ment also makes in order the bipar- TARY AND OVERSEAS VOTERS TO PARTICIPATE the Committee on Rules accompanying this tisan amendment of the gentleman IN SPECIAL ELECTIONS.— resolution. That amendment in the nature of from Missouri (Mr. SKELTON), the gen- ‘‘(A) DEADLINE FOR TRANSMITTAL OF ABSEN- a substitute shall be considered as read. No LUNT TEE BALLOTS.—In conducting a special elec- tleman from Missouri (Mr. B ), and tion held under this subsection to fill a va- amendment to that amendment in the na- the gentlewoman from New York (Mrs. cancy in its representation, the State shall ture of a substitute shall be in order except MALONEY) in lieu of the Skeleton- ensure to the greatest extent practicable (in- those printed in part B of the report of the Maloney amendment printed in part B cluding through the use of electronic means) Committee on Rules. Each such amendment of the Committee on Rules report. that absentee ballots for the election are may be offered only in the order printed in The rule provides that the amend- transmitted to absent uniformed services the report, may be offered only by a Member designated in the report, shall be considered ments made in order shall be offered voters and overseas voters (as such terms are only in the order printed in the report, defined in the Uniformed and Overseas Citi- as read, shall be debatable for the time speci- fied in the report equally divided and con- may be offered only by a Member des- zens Absentee Voting Act) not later than 15 ignated in the report, shall be consid- days after the Speaker of the House of Rep- trolled by the proponent and an opponent, resentatives announces that the vacancy ex- shall not be subject to amendment, and shall ered as read, shall be debatable for the ists. not be subject to a demand for division of the time specified in the report equally di- question in the House or in the Committee of ‘‘(B) PERIOD FOR BALLOT TRANSIT TIME.— vided and controlled by the proponent Notwithstanding the deadlines referred to in the Whole. All points of order against such and an opponent, shall not be subject paragraphs (2) and (3), in the case of an indi- amendments are waived. At the conclusion to amendment, and shall not be subject vidual who is an absent uniformed services of consideration of the bill for amendment the Committee shall rise and report the bill to a demand for division of the ques- voter or an overseas voter (as such terms are tion in the whole House or in the Com- defined in the Uniformed and Overseas Citi- to the House with such amendments as may have been adopted. Any Member may de- mittee of the Whole. zens Absentee Voting Act), a State shall ac- Finally, the rule waives all points of cept and process any otherwise valid ballot mand a separate vote in the House on any or other election material from the voter so amendment adopted in the Committee of the order against the amendments printed long as the ballot or other material is re- Whole to the bill or to the amendment in the in the report and provides for one mo- ceived by the appropriate State election offi- nature of a substitute made in order as origi- tion to recommit with or without in- cial not later than 45 days after the State nal text. The shall be con- structions. transmits the ballot or other material to the sidered as ordered on the bill and amend- Mr. Speaker, the tragic events of voter.’’. ments thereto to final passage without inter- September 11, 2001, made clear that, as vening motion except one motion to recom- Mr. HASTINGS of Washington (dur- mit with or without instructions. much as we might wish otherwise, at ing the reading). Mr. Speaker, I ask some point in the future it may be nec- unanimous consent that the amend- b 1115 essary to replace a large number of ment be considered read and printed in The SPEAKER pro tempore (Mr. Members of this body killed in some the RECORD. LAHOOD). The gentleman from Wash- type of a terrorist attack. As my colleagues know, the Con- The SPEAKER pro tempore. Is there ington (Mr. HASTINGS) is recognized for stitution has always required that the objection to the request of the gen- 1 hour. Mr. HASTINGS of Washington. Mr. vacancies in the House, no matter how tleman from Washington? Speaker, for the purpose of debate many or what their cause, be filled There was no objection. only, I yield the customary 30 minutes only by popular election of the people. The SPEAKER pro tempore. Is there to the gentleman from Texas (Mr. The timing of such special elections is objection to the original request of the FROST), pending which I yield myself set on a state-by-state basis. Some gentleman from Washington? such time as I may consume. During States require that congressional va- There was no objection. consideration of this resolution, all cancies be filled relatively quickly

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.029 H22PT1 H2302 CONGRESSIONAL RECORD — HOUSE April 22, 2004 while others it takes quite a few quickly as possible if a large portion of exceed the threshold amount estab- months before a special election is this body is suddenly deceased. lished in the Unfunded Mandates Re- held. To be sure, there are other equally form Act. Such disparities are little cause for important continuity issues still to be Mr. Speaker, in closing, let me ac- concern when vacancies are few and far addressed. We must, for example, con- knowledge that there are some Mem- between, as has thankfully been the sider appropriate responses in the bers in this Chamber who believe that case throughout the long history of event that a large number of Members we should amend the Constitution to this body. In those cases, only the citi- are incapacitated rather than killed. permit the immediate appointment of zens of a district temporarily left with- Certainly in a time of chemical, bio- replacements in the event that a trag- out representation are adversely af- logical, and radiological weapons, that edy as I described should occur. That is fected until that vacancy is filled. is a potential scenario that cannot be not my position, Mr. Speaker, for I However, Mr. Speaker, we face a grim ignored. share the framers’ love for their ideal new reality today. The reality is that In order to act, the Constitution re- of a House of Representatives of the so many vacancies might suddenly quires the House to achieve a people, for the people, and elected by occur in the House that our ability to of Members, a quorum of a majority of the people. function and to be confident that the all Members living and sworn. When a But I do sincerely believe that our decisions made in this Chamber reflect Member dies or resigns, the Speaker colleagues who support the constitu- the broad desires of the American peo- under the rules adjusts the quorum. tional amendment deserve an oppor- ple, as expressed by their ballots, could However, the Framers never con- tunity for consideration of the merits be severely impaired. templated and made no provision for of that approach. Many Members will That harsh new reality must be faced the need to adjust the required quorum be pleased to learn that we have been squarely. This, after all, is a national when a large number of Members are assured that such an opportunity will government and we are the Nation’s still living but unable to carry out, take place in the very near future. legislature exercising national respon- temporarily or otherwise, the duties of At the same time, I think equally im- sibilities. We must be able to act in the the office. Simply put, under current portant would be to provide supporters best interest of the Nation, and never law, if more than half the House were of expedited special elections an oppor- more so than following a major catas- to become incapacitated, yet not de- tunity to consider their legislation. trophe. No longer, Mr. Speaker, do we ceased, the House would be unable to Those who disagree should bear in have the luxury of leaving it to the 50 act at a time when the need to do so mind that enacting this bill that we States to decide when it would be pos- could hardly be greater. are going to take up today will do lit- sible to fully reconstitute the people’s Therefore, I am pleased, Mr. Speaker, tle or nothing to affect the odds of a House in the wake of a deadly tragedy. to advise my colleagues that this com- constitutional amendment of con- My colleagues will recall that after plex issue of incapacitation will be the tinuity being adopted and eventually the attacks of September 11 the House subject of a hearing to be held next ratified. passed H. Res. 559 expressing the sense week by the House Committee on Rules And, for at least several years, nei- of the House that each State should ex- under the chairman, the gentleman ther approach precludes the other. Be- amine its existing statutes, practices, from California (Mr. DREIER), whose cause let us be completely honest and procedures governing special elec- personal involvement and leadership on about this: even if successful, under the tions so that in the event of cata- these issues, frankly, has gone largely best circumstances, it takes several strophic vacancies in the House, those unreported, but has contributed im- years to amend the Constitution. So in vacancies might be filled in a timely measurably to this important con- the meantime does it not make sense fashion. Regrettably, Mr. Speaker, tinuity in Congress effort. to do the work that we can within our only one State, the State of California, Indeed, the gentleman from Cali- existing constitutional framework to has responded to that request and fornia (Mr. DREIER) and the Committee prepare for the worst? changed its election laws to provide for on the Judiciary chairman, the gen- Mr. Speaker, that is the question expedited special elections in the wake tleman from Wisconsin (Mr. SENSEN- that can only be answered by the en- of a catastrophe. BRENNER), are the principal authors of tire House. Accordingly, I urge my col- I should note also, Mr. Speaker, that the bill which will shortly be before us, leagues to support the rule for the con- the impetus for that resolution was in the Continuity Representation Act of sideration of H.R. 2844 so that the im- part work done by a bipartisan task 2004. portant debate may begin. force chaired by the House Republican Mr. Speaker, H.R. 2844, which was re- Mr. Speaker, I reserve the balance of Policy Committee chairman, the gen- ported favorably by both the Com- my time. tleman from California (Mr. COX), and mittee on House Administration and Mr. FROST. Mr. Speaker, I yield my- my colleague across the aisle, the gen- the Committee on the Judiciary, pro- self such time as I may consume. tleman from Texas (Mr. FROST), who vides for the expedited special election (Mr. FROST asked and was given per- then served as the chairman of the of new members to fill seats left vacant mission to revise and extend his re- Democratic Policy Committee. The due to extraordinary circumstances. marks.) Cox-Frost task force met regularly Such circumstances would be deemed Mr. FROST. Mr. Speaker, it has been during the 107th Congress to consider a to exist when the Speaker announces over 21⁄2 years since terrorists com- wide range of issues following under that vacancies in the House exceed 100 mandeered four airplanes and killed the umbrella of the ‘‘continuity of Con- Members, in other words, more than 3,000 people in New York, Washington, gress.’’ Since then I am pleased that a 100 Members of this body have been and Pennsylvania. The events of Sep- number of Members on both sides of killed. When such extraordinary cir- tember 11, 2001, made it abundantly the aisle have continued this impor- cumstances occur, a special election clear that the United States is not im- tant dialogue, seeking neither personal must be held within 45 days unless a mune from attack. But I am deeply gain nor partisan advantage. After all, regularly scheduled election is to occur concerned that for most Members of surely no Member’s election will be within 75 days. the House that day did not make a won or lost over this issue, nor should The bill provides political parties deep enough impression about what it. with a 10-day window in which to nomi- might happen if this institution or its The bill we will consider today rep- nate candidates and sets forth judicial Members were successfully targeted by resents but one part of a comprehen- review procedures for announcements terrorists or other enemies of our de- sive strategy for preparing for the un- by the Speaker regarding those vacan- mocracy. United Flight 93 was headed thinkable. For that is what we are cies. here. Had it not been for the brave doing, preparing for the unthinkable. The Congressional Budget Office esti- souls on that plane who fought the ter- And prepare we must. H.R. 2844 is a key mates that H.R. 2844 would have no sig- rorists who took over their flight, this element of that strategy. We simply nificant impact on the Federal budget. very building could have been de- must make it possible for the people to Although the bill does contain an un- stroyed. Had Flight 93 not been taken reconstitute the people’s House as funded mandate, this mandate does not down in the field in Pennsylvania, a

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.033 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2303 large number of Members might have mittee on the Judiciary will mark up a Members of the Senate when they die been killed. constitutional amendment in the im- can be replaced by an appointment of a On September 11, 2001, we did not mediate future, and for that we are Governor, and there is no such proce- have a procedure in place to reconsti- very grateful. Unfortunately, that dure in the Constitution for Members tute this body. And on April 22, 2004, we amendment is not here on the floor, of the House. The reason for, the gen- still lack such a plan. I am sad to say, and we do not know when that amend- tleman will have plenty of time, the Mr. Speaker, that the bill before us ment will actually have the oppor- reason for this historical anomaly is today does not give us a viable plan. tunity to be voted on upon the floor. that when the Constitution was origi- And the manner in which this bill is Mr. DREIER. Mr. Speaker, will the nally drafted, Members of the Senate being brought to the floor does a dis- gentleman yield? were chosen by appointment. They service to the very serious issue of con- Mr. FROST. I yield to the gentleman were appointed by their State legisla- tinuity of government. from California. tures, and when we went from an ap- The very fact that the chairman of Mr. DREIER. Mr. Speaker, let me pointed Senate to direct election of the the Committee on the Judiciary has clarify again the statement that I Senate, the power of Governors to re- chosen to push this remedy to the ex- made when this question came forward. place Senators was continued. clusion of any other idea shows that The chairman of the Committee on There was no such provision for the leadership of this House has chosen the Judiciary is here on the floor, and, Members of the House. That does not to make this a partisan issue. And the as you know, in the past couple of mean that in this 21st century today stability of our government and its in- weeks he and I have been discussing that there should not be such a proce- stitutions should not now, or ever, be- and I have shared those conversations, dure. The fear is that if a large number come a partisan issue. and the chairman has indicated his of Members were to be killed in a com- In the spring of 2001, the gentleman willingness to at the next the mon disaster, that the Congress could from California (Mr. COX) and I co- Committee on the Judiciary holds, not function in a timely manner when chaired a bipartisan working group they will mark up the constitutional the country would most need a Con- that sought to examine the issues in amendments that you all put forward. gress. play. No Member in the history of this And I think it is also very important Now, there is a second unfortunate body has ever taken the oath of office for us to note that we have been seek- aspect of current law. Under current without first having been elected by ing, having worked with the task force law, a quorum of the House of Rep- the people. that the gentleman and my colleague, resentatives is a majority of those Mr. DREIER. Mr. Speaker, would the the gentleman from California (Mr. Members living and sworn into office, gentleman yield? I wanted to clarify COX), shared to work in a bipartisan sworn and living, so that if, of the 435 one point that my friend was making. way on this, and I know from having Members of the House, if, for sake of Mr. FROST. Mr. Speaker, the gen- had discussions with friends on the argument, 400 were to be killed in a tleman from California (Mr. DREIER) gentleman’s side of the aisle that there common disaster, and 5 survived be- will have time. I need to finish my is, in fact, bipartisan support for the cause they were not present in the statement, but then I will be glad to effort that we are proceeding with Chamber at the time of the disaster or yield. here. And that is one of reasons that as for whatever reason, 3 Members of we look at the structure of this rule, those remaining 5 would constitute a b 1130 we did make in order amendments of- quorum. And you could say, well, then Mr. FROST. Given that no Member fered by Democrats. the Congress could continue to func- in the history of this body has ever I see my friend, the gentleman from tion with those 5 Members. taken the oath of office without first Connecticut (Mr. LARSON), here who The question that I would pose is having been elected by the people, the has a thoughtful one. I know the gen- would decisions made by three individ- group focused on what might have been tleman from Washington (Mr. BAIRD) uals be respected by the country at a done within the law or with statutory has been working on this issue as well. time of crisis? We have to provide for amendments to replenish the House in I will say to my friends, bipartisanship continuity in our government, and for the event of a catastrophe. is something that we have been seeking us to pretend that a terrible disaster We had on a bipartisan basis serious on this, and I hope at the end of the like this could never happen, and we all and thoughtful discussions. We made day we will be able to find that. hope that it never happens and trust modest but important changes to the Mr. FROST. Reclaiming my time, that it never happens, but for us to pre- rules of House that aid the Speaker in Mr. Speaker, the issue is of serious tend that it could not happen, and that the event of a catastrophe. We passed a magnitude. While the chairman of the if it did happen, oh, we would have a resolution that called on the States to Committee on the Judiciary has indi- leisurely pace of months to replace put into place procedures by which ex- cated he will mark up a constitutional Congress during that time does a dis- pedited elections might be conducted amendment, we have no assurance that service to our form of government and in the event that a large number of that amendment will be considered on to the people that we represent. Members are killed. the floor by this body in a timely man- Now, there are disputes and concerns But the members of the working ner this year. on the type of constitutional amend- group grappled with much larger Let me, if I may, address comments ments, on how you provide for the issues, that of incapacitation, if it not just to the chairman of the com- prompt, orderly replacements of Mem- would be possible to skirt the constitu- mittee and the chairman of the Com- bers. People have different views on tional requirements for election mittee on the Judiciary, but to all the that. Some people feel that the Gov- through statutory changes, the judicial Members of this House. The reason ernor should be able to appoint their review of decisions made by a House that some of us and many of us feel replacements just as the Governor can composed of only a few Members. that this legislative approach is inad- appoint a Senator. Others feel that the We soon realized that those Members equate, and that a constitutional ap- Members in advance should be able to as well as many others needed to be ad- proach is the only one that can serve put a list, put together a list and des- dressed by the committees of jurisdic- this country, is that if a number of ignate who their successor would be, or tion. We had high hopes of a thought- Members were killed in a common dis- perhaps have a list and the Governor ful, serious, nonpartisan debate and se- aster, the period of time that would chooses from that list. There are a lot rious issues. What we got instead was a pass before this House could be recon- of provisions that could be considered. poorly thought out and wholly inad- stituted under the bill that is being What we are saying is that this equate response to the questions we voted on today is unacceptable. We House now, not a couple of months raised 2 years ago. would find ourselves without a func- from now or a couple of years from I know the Chair of the committee tioning Congress perhaps for months now, should face up to this hard deci- will want to seek recognition in a mo- under this bill. sion, should consider a constitutional ment, and I will acknowledge that the Now, there is an historical anomaly amendment on this issue, submit it to Chair said yesterday that the Com- in our Constitution that provides that the people so that if, God forbid, there

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.035 H22PT1 H2304 CONGRESSIONAL RECORD — HOUSE April 22, 2004 were a disaster in which all or substan- ignees, and requires the Speaker to He went on in Federalist 57 to write, tially all the Members of the House submit to the Clerk a list of designees ‘‘Who are to be the electors of the Fed- were killed in a terrorist attack, that to act in the case of a vacancy in the eral representatives? Not the rich more our government would go on. If we do office of the Speaker. than the poor, not the learned more not do this, then we will cede total These are actions that the Speaker than the ignorant, not the haughty airs power and authority to the executive has taken codifying a number of impor- of distinguished names more than the branch, if there is an executive branch tant things, including the quorum pro- humble sons of obscurity and at the end of a common disaster, and vision, which does allow us to continue unpropitious fortune. The electors are presumably there would be in some our work. to be the great body of the people of form, and there would be no func- As I listen to the remarks by my the United States.’’ tioning legislative branch for a period friend from Dallas (Mr. FROST), the And Madison rejected the idea that of months. ranking minority member of the Com- appointment of Members is acceptable That is why many of us, and I will mittee on Rules, I do think it is impor- to the American public. He said, ‘‘The complete my statement, the other side tant to note that we do have a bi- right of suffrage is certainly one of the has plenty of time to make their cameral Legislature, and the United fundamental articles of democratic points, that is why many of us feel this States House of Representatives does government and ought not be regulated legislation is inadequate and is a poor- not operate unilaterally. So there by the Legislature. A gradual ly thought out response to a situation would, even if we went through a pe- abridgement of this right has been the that, while we hope never happens, riod of time, and I would say it would mode in which aristocracies have been could put this country and our form of not be months. Our legislation that the built on the ruin of popular reforms.’’ government in serious jeopardy. gentleman from Wisconsin (Mr. SEN- I think it is very important for us to Mr. Speaker, I reserve the balance of SENBRENNER) and I have calls for spe- understand that there have been times my time. cial elections to be held within 45 days in our Nation’s history where we have Mr. HASTINGS of Washington. Mr. following that disaster. faced even greater difficulty than we Speaker, I yield such time as he may Let me say that the legislation that do today, and that was the Civil War. If consume to the gentleman from Cali- we do have addresses a number of very we think back to the time of the Civil fornia (Mr. DREIER), the distinguished important issues, but I want to get to War, this Capital was surrounded by chairman of the Committee on Rules, a this issue of service here, representa- troops who were threatening our very gentleman who has worked extremely tion, and what our framers went being. And yet President Abraham Lin- hard on this continuity issue. through on this question. coln proceeded with elections, under- Mr. DREIER. Mr. Speaker, I thank When I was an undergraduate, I had a standing how critically important that the gentleman for yielding me time. I professor, with whom I spoke last is for our Republic’s survival. appreciate his very, very thoughtful night, who pounded the Federalist Pa- 1145 opening statement. pers into me. It was after that great b I want to thank my friend, the gen- Constitutional Convention, and I re- That is why when we look at some of tleman from Wisconsin (Mr. SENSEN- member when we marked the bicenten- these options, the stand-in provision, BRENNER), the distinguished chairman nial of the Connecticut Compromise, whereby Members of the House would of the Committee on the Judiciary and the House of Representatives con- actually select their successors if they with whom I have been privileged to vened in Philadelphia on July 16 of 1987 were to lose their life, we ask about the work with on this; the whip; I men- to mark that. It was the Connecticut challenges that would be before us. tioned my friends, the gentleman from Compromise that established this bi- Will stand-ins be responsible for pass- Texas (Mr. FROST) and my colleague, cameral Legislature, which is a very, ing laws, declaring war, or suspending the gentleman from California (Mr. very important thing for us to note. habeas corpus or perhaps both? Will COX) who in the last Congress chaired a And what I did last night is I went stand-ins be running for office in spe- task force on this. I know the gen- through and I started rereading the cial elections? Would those follow soon tleman from Washington (Mr. BAIRD) Federalist, and I went to some of the after their appointments? What incen- and the gentleman from Connecticut items that were mentioned, Federalists tive does someone who has gotten into (Mr. LARSON) are very thoughtful Mem- 52 through 57, where this House by appointment have to, in bers who have spent a great deal of talked at length about this institution. fact, be responsible to the people? Is it time contemplating this issue. And some of the things that I believe possible that we could, through in- Mr. Speaker, September 11 of 2001, as are important for us to note on this as trigue or cabal, see some make an at- we all know, was a devastating day for we look at the work of James Madison tempt to prevent the prospect of elec- our Nation. It really launched the glob- is that he talked about as he was justi- tions in the future? al war on terrorism. It changed all of fying the Constitution this importance I just believe that when we take this our lives. And many of us had not pon- of the institution being elected, and a very, very unique institution, the peo- dered the thought of this Capitol being couple of items that he raised. ple’s House, where no one has served under attack. I was, in fact, the last He said in Federalist number 53, without having been elected and move person to leave this building on Sep- ‘‘Where elections end tyranny begins.’’ in that direction away from elections, tember 11 of 2001, and I did so when one As my friend, the gentleman from we threaten the very basis on which of the guards said that there was a Washington (Mr. HASTINGS), pointed this institution is founded. So that is plane they had lost contact with, and out, it was very clear that this House is why, as we look at this tough chal- it was headed right towards this build- the only Federal office where no one lenge, this legislation is the most re- ing, and it ended up being the plane has ever served without having first sponsible way to deal with it. that was very courageously taken been elected. And they talked about If we look at the loss of more than down by those passengers into the the fact that this is the body of the 100 Members, the idea of having the ground in Pennsylvania. people. The other body is the body of States hold special elections in that 45- Since that time, Mr. Speaker, a great the States. Madison in Federalist 52 day period is something that is doable. deal has been done focusing on this wrote, ‘‘It is essential to liberty that My State of California went through issue of what would happen if we were the government in general should have last year an unprecedented time. We to see a tremendous loss of life of Mem- a common interest with the people, so had the recall of a Governor; and with bers of the House of Representatives. it is particularly essential that the the election that took place, it was 55 We know that almost immediately branch of it under consideration should days after we saw certification, and it the Speaker of the House took some have an immediate dependence on and was not a single congressional district steps. He established the ability to ad- an intimate sympathy with the people. where 644,000 people reside and there journ to an alternative place and to de- Frequent elections are unquestionably are two to three candidates. We had 125 clare an emergency recess, the ability the only policy by which this depend- candidates on the ballot, and we have a to effect a joint leadership recall from ence and sympathy can be effectually State of 35 million people; and I am a period of through des- secured.’’ happy to say that that election came

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.039 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2305 off without a hitch. Many people had with elections, and so, of course, there Regardless of how one feels about a predicted doom and the fact that it was tremendous uncertainty at the constitutional amendment to address could not work; and that is why I be- founding. We saw all kinds of chal- congressional continuity, we should de- lieve that for us to deal with this situa- lenges, but Madison continued to go feat this bill because it will not work tion, if we do see tremendous loss of back time and time again. in practice and does not address the Members of Congress, this country will He argued at first for annual elec- need to ‘‘stand up’’ the Congress imme- have suffered greatly. tions and then they ended up with this diately following a disaster. It does not I am convinced as we look at the issue of biennial elections, and so we support the immediate restoration of struggles taking place in Iraq today have had the Speaker establish this representative democracy, a key ele- that the building of a democratic insti- quorum requirement. ment in the Connecticut Compromise, tution is something that is very impor- My friend says it is true that it is noting that as important as it is that tant; and I am convinced, too, that fol- possible that very few Members could the people elect representatives, it is lowing a tragedy, after people are feed- be serving here in the House; but with- equally important to note that the peo- ing their families and getting a roof in 45 days, those special elections ple they send here represent the over their head, choosing their leader would be held under the structure that States. is a very important key to success and we have, and there would be a chance I want the Members in this body, be- proceeding and survival; and that is for us to deal with those issues. cause this is a difficult and complex why I believe that this legislation I would say that I somewhat rhetori- issue, to understand its complexity; would, in fact, provide us an oppor- cally ask what issues would we be deal- and the best way that I have seen to re- tunity to do that. ing with here in the House of Rep- late this to Members is to evoke two We are going to have a great chance resentatives? Health care? a tax issue? images in their mind. for rigorous debate today, and I will No, we would be dealing with the crisis The first image is that of Members of say that it is because I believe that that would be before us at that time, this body, huddled in the Capitol Police Members of the minority who are pro- and that is why I am convinced that office, waiting to hear word of what ponents of the amendment to the Con- the best way to do that is to have the happened from our leaders who were stitution, that I did get in contact with people’s representatives make that de- somewhere, and who later that after- the chairman of the Committee on the cision, and I am convinced that that noon conveyed to us over the phone could happen within a short period of Judiciary and asked him to do this, what had transpired and what hap- time. and he agreed very readily to at his pened and asked that this body not re- I thank my friend for his contribu- turn here to the Capitol, out of con- next markup, as I just said, report out tion, and let me again compliment him cerns for safety. The Members there re- the constitutional amendment. for all the time and energy he has put While I am not in a position to guar- jected that overwhelmingly, and came in the effort. antee, I would say to my friend from I thank my friend for yielding this en masse—and in one of the most re- Dallas, to say exactly when this would time, and I look forward to our debate. markable and memorable moments in be scheduled, we are trying to have a Mr. FROST. Mr. Speaker, I yield my- our history—stood on the steps of the full debate on the constitutional self 1 minute. House—united. It is a moment I will al- amendment on the floor, but as the Mr. Speaker, this is as serious a mat- ways cherish and remember, and I want gentleman from Washington (Mr. ter as we could have before the House. my colleagues to reflect on that, it was HASTINGS) said in his opening remarks, We run the risk of becoming a herd of an important symbol that we sent out it seems to me to be very important for ostriches in putting our heads in the to our people. Immediately standing us to use the structure that exists for sand. there, Democrat and Republican, Sen- us today, and that is, the legislative This is not the 18th century. This is ate and House, all united. structure, to deal with this. not the 19th century. It is not even the The other image is this: not too long This legislation may not be the pan- 20th century anymore. It is the 21st after that event, we convened in this acea, but I think that it is so impor- century. No one in the 18th century or House, a joint caucus called by the gen- tant to realize again, Madison said, the 19th century could have con- tleman from Illinois (Speaker ‘‘When elections end, tyranny begins,’’ templated the type of terrorist act that HASTERT) and the gentleman from Mis- we should do everything we possibly could potentially eliminate at one time souri (Minority Leader GEPHARDT). The can to make sure that we keep the very all or virtually all the elected Members issue was different. It dealt with an- precious election process. of this House. We hope that never oc- thrax. There were concerns, purport- I thank my friend for yielding me the curs, but for us to ignore the possi- edly a deal had been agreed to, signed time. bility that it could occur in the 21st off by the President and the Senate, Mr. BAIRD. Mr. Speaker, will the century does a great disservice to the that because of concerns as they re- gentleman yield? American people. lated to safety, that we would close Mr. DREIER. I know the gentleman Mr. Speaker, I yield 5 minutes to the down this Chamber, and people would from Texas (Mr. FROST) has time, but I gentleman from Connecticut (Mr. go home. yield to the gentleman from Wash- LARSON). It was not met agreeably amongst ington. (Mr. LARSON of Connecticut asked the caucus. But our leaders appealed to Mr. BAIRD. Mr. Speaker, I appre- and was given permission to revise and our better angels, and we agreed to go ciate the gentleman’s reference to extend his remarks.) home. The Senate did not. Recall, if Madison. I have spent a fair bit of time Mr. LARSON of Connecticut. Mr. you will, how you and your colleagues studying Mr. Madison as well. Speaker, I want to compliment the felt viscerally when the papers re- My question would be, where in the gentleman from Texas and associate ported that the Senate was here, and Federalist Papers or in the entire body myself with his remarks. the House had gone home. of information from the Constitutional I rise to reject, without prejudice or I asked the Committee on Rules to Convention do we see provisions for malice, the previous question, the rule, make four amendments in order. The how this body should deal with the and the underlying bill. As has been Committee on Rules only made two in complete elimination of its Members or mentioned, this is not partisan dis- order. My two proposed amendments, for how the executive branch should agreement because the issue does not which were taken prisoner by the com- function in the absence of a constitu- advantage or disadvantage either mittee, would have allowed States to tional quorum within the Congress? party. This is a disagreement on the use their regular means of selecting Mr. DREIER. If I could reclaim my wisdom of the proposed policy. I am candidates, and would have avoided time, what I would say is that the Civil against the bill because it fails to cor- trampling on 40 years of voting rights War was a time when this Republic rect the most egregious problems laws. faced its greatest threat, greater than caused by forcing all States to conduct Under this bill, political parties must the threat that we face today, and the elections within 45 days of the Speak- select candidates within 10 days of the answer that was provided at that point er’s announcement of mass Member fa- Speaker’s declaration, or give up their by President Lincoln was to proceed talities. place on the ballot. So much for the

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.041 H22PT1 H2306 CONGRESSIONAL RECORD — HOUSE April 22, 2004 participatory process of candidate se- tleman from Wisconsin (Mr. SENSEN- Mr. DREIER. Mr. Speaker, I thank lection. BRENNER) for receiving this issue which my friend for yielding. And, Mr. Speak- In my heart, and I thought it was he has assured me will be corrected. er, I in no way said that people are try- great discussion in front of the Com- I thank the gentleman for yielding ing to avoid elections. What I am argu- mittee on Rules, I agree with what the me the time. ing is, if we do move in the direction of gentleman from Massachusetts (Mr. Mr. FROST. Mr. Speaker, I yield 8 appointments, we create the oppor- MCGOVERN) had to say. He suggested in minutes to the gentleman from Wash- tunity for Members of this institution the Committee on Rules that this issue ington (Mr. BAIRD). who would serve here by appointment is of such gravity, and such impor- b 1200 to potentially move in that direction. tance, that it actually transcends the Mr. BAIRD. Mr. Speaker, I thank the Mr. BAIRD. Reclaiming my time, Mr. normal committee processes, and that, Speaker, it is my understanding the gentleman from Texas (Mr. FROST) not in a joint committee, much like the only for yielding me this time, but for gentleman from California and the one that the gentleman from Illinois his leadership on this issue. I also want Chair of the Committee on the Judici- (Mr. HASTERT) and the gentleman from to acknowledge the gentleman from ary have sent a letter to our colleagues Missouri (Mr. GEPHARDT) called, we suggesting that people have attempted California (Mr. COX) for his work, the should discuss this issue amongst our- gentleman from Connecticut (Mr. to ban elections. If the gentleman selves. LARSON), the gentleman from Rhode Is- would wish to retract that, I would These are complex issues that require land (Mr. LANGEVIN), the gentlewoman welcome that opportunity, because it us to examine them throughly, but I do from California (Ms. LOFGREN), the is false, and the gentleman knows it. I not believe the underlying bill provides gentleman from California (Mr. SHER- believe it was circulated under the gen- that. Some of the things eloquently ad- MAN), and the gentleman from Cali- tleman’s signature. dressed by the gentlemen who are pro- fornia (Mr. ROHRABACHER), all of whom, Mr. DREIER. Mr. Speaker, if the gen- posing the underlying bill, do protect, I think, have proposed innovative and tleman will continue to yield, I would do promote, and do give great glory to real solutions to this problem. just say that I have not seen the letter, this body and its grand tradition. It is the night of the State of the and I do not believe that we are seek- Others have spoken equally elo- Union Address. The President of the ing to ban elections, so I want to make quently on that issue as well, in talk- United States is here addressing the as- that clear. ing about the need for representative sembled body of the House and Senate. Mr. BAIRD. Mr. Speaker, I thank the democracy to be promptly installed, Behind him sits the Vice President of gentleman for that clarification. while making sure that in fulfilling the the United States in his capacity as It is absolutely true. Not one pro- mission of having people duly elected, President of the Senate. The Speaker posal seeks to ban elections. What do we do not trample on the democratic of the House sits next to him. The we seek? Checks and balances. We seek rights and the processes by not allow- Joint Chiefs of Staff are here, the dip- to ensure that the Article I responsibil- ing enough time. lomatic corps, and the judges of the ities of declarations of war, appro- I urge a ‘‘no’’ vote. Supreme Court. priating funds, impeaching a President, Mr. HASTINGS of Washington. Mr. In midspeech, the television screens and all the other things that this body Speaker, how much time remains on and radios across this country go is tasked for in Article I, not the exec- both sides? blank. No one knows what has hap- utive branch, are preserved, and the The SPEAKER pro tempore (Mr. pened. A few moments later, one sta- bill before us today does none of that. LAHOOD). The gentleman from Wash- tion reemerges on the air and says, Does none of that. ington (Mr. HASTINGS) has 6 minutes ‘‘Ladies and gentlemen, we have re- It leaves this country and the world remaining. The gentleman from Texas ceived word that a nuclear weapon has with an unelected person serving in the (Mr. FROST) has 14 minutes remaining. been detonated in our Nation’s Capital. executive branch and claiming extraor- Mr. HASTINGS of Washington. Mr. It apparently was set off very near the dinary unconstitutional powers, and Speaker, I reserve my time. Capitol itself. We have no preliminary that is perilous for a republic, not sim- Mr. FROST. Mr. Speaker, I yield 1 word, but it is quite possible that all ply a democratic republic, but a repub- minute to the gentlewoman from the Members of the House and the Senate lic where representatives carry the District of Columbia (Ms. NORTON). and the President and his Cabinet, save voice of the people to this Capitol. Ms. NORTON. Mr. Speaker, there one Member, have perished.’’ Let me tell you what I think is may be differences on this bill, but the At that moment someone must tell wrong with the bill beyond that. In issue I want to raise is one I am our Nation and must tell the world providing for a 45-day election, let me, pleased to say there are no differences what happens next. The bill before us first of all, say that many experts in on. answers that question with the words this country have said a 45-day period I appreciate this debate and the chaos and uncertainty. There are pro- is insufficient time for a genuine elec- country appreciates it. I have already visions put forward that would give a tion, and that includes the head of the raised the matter with the gentleman constitutionally valid mechanism of Elections Board of the State of Wis- from Wisconsin (Mr. SENSENBRENNER). I rapidly reconstituting this body, of as- consin, who said a minimum of 62 days appreciate the way in which he re- suring the Article I checks and bal- would be necessary. It includes our own ceived the fact that the District of Co- ances that were so important to Mr. Member of this House, the gentleman lumbia and the four territories are Madison, to that individual, Mr. Wash- from Rhode Island (Mr. LANGEVIN), a technically not included in this bill be- ington, and to the Constitutional Con- former secretary of state, who has con- cause it authorizes the States to hold a vention. But, Mr. Speaker, 21⁄2 years ducted elections. It is not enough time. special election. after September 11, we have not been Furthermore, what happens if a I come to the floor only before the allowed to debate those measures that State cannot conduct its election in 45 local press and the national press raise are true solutions before this body. days? What happens? A nuclear weapon it with me. The District of Columbia, We have argued here, and we have is not only detonated here, but, in a of course, is likely to be a preeminent heard eloquent arguments that elec- quite plausible scenario, it is detonated target. The other territories might tions are important, and let me be also in and in San Fran- well be. It might be easier to get to clear about something: Not one pro- cisco, California. Are they to conduct them than to us. I can understand how posal that requires or provides for a elections in 45 days in those cir- such an oversight would occur because temporary amendment, not one, would cumstances? Will the Members subse- we do not have the vote on the floor. eliminate elections. We all share that quently elected not be seated? What We all have the vote in committee. conviction, all of us do, and it is happens to the structure of this body if In any case, I know the House would duplicitous to suggest otherwise. a few Members survive, and then more want everybody to be represented in Mr. DREIER. Mr. Speaker, will the Members come as one election is held? case there was a catastrophe of any gentleman yield? Who is the Speaker of the House? kind, and I want to give my thanks Mr. BAIRD. I yield to the gentleman And by the way, let me clarify some- once again to the chairman, the gen- from California. thing. The Constitution is absolutely

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.043 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2307 clear that a quorum is not a majority Mr. SENSENBRENNER. Mr. Speak- from Washington (Mr. BAIRD). It did of those chosen, sworn and living, it is er, at 9:50 in the morning on September not get very much support. But at the a majority of the membership. This no- 11, 2001, I was standing in this Chamber first markup of the Committee on the tion that three or four people would be waiting to bring up three bills that had Judiciary that we will have, we will enough to have a House of Representa- come out of the Committee on the Ju- take up his constitutional amendment tives flies so in the face of what the diciary. At that time the Sergeant at and send it to the floor. I will vigor- Framers intended. Arms told Speaker HASTERT that an- ously oppose it on the principle that I The first official act of the first Con- other plane had been unaccounted for; am opposed to having appointed Mem- gress was to adjourn for lack of a that it was heading in the direction of bers sit in this House of Representa- quorum. They did not believe for a mo- Washington, D.C., and the Speaker tives. But we ought to have a debate on ment that a handful of people should be promptly ordered the evacuation of the this, and we ought to see who wants to present and maybe make decisions to Capitol and told me to run for my life. have our replacements be elected or take this country into war, or Had that plane not left the gate at our replacements be appointed should a President, or levy taxes, or appro- the Newark, New Jersey, airport, I we be wiped out. priate funds. A majority must be would not be standing here today, nor Then I hear the complaints that 45 present. What happens until that ma- would this building be standing here days is too quick to be able to organize jority comes back under this rule? today. I think that gave me pause to a fair election. That is not true. In Vir- Again, chaos and uncertainty. think of what would happen to preserve ginia, when there is a vacancy in the We have an opportunity to discuss this unique representative government Virginia General Assembly due to a real solutions. A bipartisan, non- should there be a disaster that wiped death or a resignation, there have been partisan commission made up of schol- out the entire Congress. And the de- special elections that have been held ars and distinguished statesmen, peo- bate today goes basically to the issue within 12 days after that vacancy oc- ple like Alan Simpson from Wyoming, of whether the reconstituted House curred, and nobody has complained hardly, hardly a liberal Democrat, should preserve the tradition that the that the successor Representative was hardly a partisan, a true statesman, House of Representatives has always unfairly elected. joined together and said let us look at consisted of Members that were first During World War II, the British this issue. To a person, that commis- elected by the people, or whether we House of Commons, which, like the sion to a person began and said, we do should have appointed Representatives, House of Representatives, has entirely not want to solve this by amending the appointed by the Governor, appointed consisted of people who have been Constitution. And yet after a year of by the legislature, or appointed by our- elected by the people since 1215 A.D., study and review, to a person they selves before we passed away. they were able to have special elec- agreed that that is the solution, with Now, if Armageddon should take tions within 42 days after a vacancy oc- great regret, that we must resort to. place and a disaster should happen, we curred. Notwithstanding the point that And, no, it does not take away your can have an executive branch that is the Nazis were bombing Britain every right to elect a Representative, but it headed by an appointed Cabinet Sec- night incessantly, they still were able preserves your right to have a Rep- retary under the Presidential succes- to stand up and preserve the notion resentative here when we decide how to sion law. We could have a Senate of 100 that people should come to the House respond to that attack. And it says you Members appointed by the Governor of of Commons with a mandate from the shall have the opportunity to have an the respective States. And if we should people and not be appointed by any- election to replace that person as amend the Constitution to allow the body else. Mr. FROST. Mr. Speaker, I yield 1 promptly as possible, through a real appointment of Members of the House minute to the gentleman from North election, not a sham, expedited elec- of Representatives, then we would have Carolina (Mr. WATT). tion that disenfranchises independent an appointed House. Is that what the Mr. WATT. Mr. Speaker, I thank the voters, as the bill does today. To a per- Framers of the Constitution had in gentleman for yielding me this time. son these statesmen started with say- mind, an appointed President, an ap- The chairman of the Committee on ing we do not want an amendment, and pointed Senate, and an appointed the Judiciary has properly framed the they reached the conclusion that we House of Representatives? No way. And debate that we should be having to have to. the comments of James Madison in the date as a choice between this bill and Let me close with this. On September Federalist Papers are right on target. the options of having constitutional 11, on flight 83, those passengers gave So the issue today is whether we amendments. What he failed to indi- their lives to give us a second chance. should amend the Constitution to cate was that the rule does not make That fourth plane was heading here allow for the appointment of interim in order that debate, and it is for that with the full intent to kill everybody Representatives or figure out a way to reason that I rise in opposition to the in this building if it possibly could. We elect replacement Representatives who rule itself, because this is not an issue know that our adversaries would seek would come to Washington, D.C., or about which there is a right or wrong nuclear weapons. We know nuclear ma- wherever the Congress would be meet- answer. There are a number of different terials are available. We know if they ing, with a mandate from the people at alternative solutions to the problem get one, they will set it off, and they the time of the most severe crisis in that present themselves if a number of will do so in this Capitol. We have been the history of this country. And this people are wiped out in this body. given a second chance. bill attempts to set up a mechanism so What we ought to be doing is having The September 11 Commission has that we can have prompt special elec- a serious debate about each one of shown what happened to this country tions. those options so that each Member of and to the world when advanced warn- Now, no election is perfectly run. We this Congress can make a reasoned ings were not heeded and action was have sure found that out 4 years ago in evaluation of what way to go. So I not taken. Shame on us, eternal shame the Presidential election. But I am think we should defeat the rule, go on us, if we do not take action to pro- here to tell you that elections, no mat- back to the drawing board, and let us tect the Article I responsibilities of ter how imperfect they are, are much bring all the options to the body for de- this body. Protect the right to elect better than having an appointed House bate. Representatives, but protect the right of Representatives where the loyalty to have a Representative and protect would be nowhere but to whomever b 1215 the checks and balances and separation made the appointment. Mr. FROST. Mr. Speaker, I yield 1 of powers that have preserved this Now, I have heard a lot of complaints minute to the gentleman from Wash- great Republic. from my friends on the other side of ington (Mr. BAIRD). Mr. HASTINGS of Washington. Mr. the aisle that I am stonewalling con- Mr. BAIRD. Mr. Speaker, I want to Speaker, I yield 5 minutes to the dis- sideration of a constitutional amend- express my appreciation to the chair- tinguished gentleman from Wisconsin ment. That is not true. We had a hear- man of the Committee on the Judiciary (Mr. SENSENBRENNER), the chairman of ing last year on the constitutional for indicating he would bring my pro- the Committee on the Judiciary. amendment proposed by the gentleman posed amendment up; but I would also

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.046 H22PT1 H2308 CONGRESSIONAL RECORD — HOUSE April 22, 2004 like to underscore that my belief is we I happen to think both sides are right in their There is also clearly a democratic problem should not simply bring my amend- stated principles, and that’s why I’ve intro- with the status quo in the House in which we ment up. The gentleman from Cali- duced a congressional succession constitu- allow death or incapacity to leave the seat va- fornia (Mr. ROHRABACHER) has a pro- tional amendment, H.J. Res. 92, which I be- cant and the district unrepresented for months. posed amendment, the gentlewoman lieve satisfies the core objectives of each side. But H.R. 2844 in some ways would actually from California (Ms. LOFGREN) has a Under my proposal, each general election make the democratic problem worse. Although proposed amendment, as do several candidate for the House and Senate would be replacement would be sooner than the status other Members. authorized to appoint, in ranked order, 3 to 5 quo, the replacement would be someone I proposed a rule that would allow for potential temporary successors. For these ap- multiple possible amendments to be whose was decided by party pointments to be valid, the successful can- bosses, not by a vote of the people. For all considered, plus ample time for debate didate would have to have submitted them in and amendment of those amendments the talk about ensuring that this House of publicly available form at least 60 days prior to Representatives stays ‘‘the people’s house,’’ until we move toward two-thirds vote the election. In the case of the elected legisla- for final passage. that is just not a democratic way of filling va- tor’s death or incapacity, the highest ranked cancies. Last night on this floor I met with person on the list of successors would be- many Members of this body, and I come the Acting Senator or Representative. By contrast, H.J. Res. 92 gets an immediate asked them if they knew enough about Determination of incapacity in my proposal replacement already vetted by the voters, and this bill today to vote on it in an in- generally follows the precedent of the 25th then allows States to get a regularly elected formed way. The collective answer was, Amendment, under which the President either replacement who is both nominated and elect- no. Because of that, we should defeat declares his own incapacity, or people he has ed by the voters. It is obvious to me that H.J. the rule before us today, give this issue appointed do so. Res. 92 is better for both the continuity of adequate time, as the gentleman from The legitimacy of a successor designated Congress and for democracy than H.R. 2844. North Carolina (Mr. WATT) said, and under H.J. Res. 92 temporarily succeeding a I ask my colleagues to defeat H.R. 2844, make sure that all opportunities are deceased or incapacitated Representative or and support my congressional succession discussed. Senator is similar to that of a Vice President constitutional amendment, H.J. Res. 92. I am pleased that the chairman of succeeding a deceased or incapacitated Presi- the Committee on the Judiciary wants Mr. FROST. Mr. Speaker, I yield my- dent—not separately elected, but chosen by to address amendments, but I would re- self the balance of my time. spectfully ask the gentleman to not the principal and known well in advance of the election. Primarily to provide the incentive for Mr. Speaker, the matter we are about just simply consider mine; consider to consider today, how to keep the others so various approaches may be incumbent and non-incumbent candidates to submit successor lists, state governors would House of Representatives functioning debated and this body has a chance to in the event of catastrophe, is one of choose the true and best solution. be empowered to appoint temporary replace- ments only if no such list is submitted, or if no the most serious and important issues Mr. FROST. Mr. Speaker, I yield 1 we will ever consider. minute to the gentleman from Cali- one listed is able to serve. When I cochaired the Continuity of fornia (Mr. ROHRABACHER). Continuity of representation, I think we Mr. ROHRABACHER. Mr. Speaker, I would all agree, means that the death or inca- Congress Working Group in 2002, Mem- rise in support of this rule, but in oppo- pacity of Senators and Representatives should bers from both parties took a non- sition to the underlying bill, H.R. 2844. cause as little change in the composition of partisan approach to the issue and kept This is a very serious issue, and we Congress as possible, which means that re- an open mind as to how we could have heard two sides of the debate. One placements should be politically as much like achieve a solution. emphasizes making appointments, and the deceased or incapacitated Member as How times have changed. The open- the other emphasizes having expedited possible. Who better to determine who fits that minded, nonpartisan spirit we had elections. bill than the elected official him- or herself? when we began discussing this issue I have a constitutional amendment There is no reason to limit a satisfactory so- has completely disappeared. The re- proposed, H.J. Res. 92, which satisfies lution to the ‘‘continuity of representation’’ strictive rule that the Committee on both of these objectives and would per- problem to a situation horrible enough to kill or Rules reported out last night has com- mit Members when they are being incapacitate a quarter or more of the House. pletely convinced me that this House is elected by the public to designate a Even 50 or 20 Representatives being killed or now putting partisanship ahead of its successor in case they are incapaci- incapacitated could make a profound change institutional duties. tated or killed during the time they in the direction and control of the House. And the death or incapacity of even one Rep- Mr. Speaker, a number of very intel- are in office. This would permit the ligent people have devoted a lot of time public to vote on someone’s successor resentative deprives 600,000 U.S. citizens of representation for the several months it typi- and effort considering this question. I as well as the person running for office. think it is a tragedy that their ideas It seems to me this is the best ap- cally takes for the vacancy to be filled. Also, the legitimacy of a congressional succession will not be debated today. That is why proach. I am urging a ‘‘no’’ vote on the pre- The current approach that we are plan is more likely to be accepted in a national vious question. If the previous question being offered today in H.R. 2844, I do emergency if it has previously worked in is defeated, I will offer an amendment not believe is the best way to go be- smaller tragedies. to the rule. My amendment will pro- cause it would leave the party leaders When State governors use their current vide that immediately after the House to nominate who the choices are for power under the 17th Amendment to appoint passes H.R. 2844, it will take up the bill the public. In essence, the party hacks temporary Senators, they naturally appoint of the gentleman from Washington (Mr. are going to control who the public can someone who is politically like themselves, BAIRD), H.J. Res. 83, under a com- vote on. Let us give the public a chance even if that appointee is the complete political prehensive and thorough debate proc- to really vote in an ordinary election opposite of the deceased Senator. ess that this issue deserves. The Baird and oppose H.R. 2844. We saw this played out most recently in the bill would amend the Constitution to Mr. Speaker, I rise in support of this rule, aftermath of the tragic death of Senator Paul provide for an emergency procedure to but in opposition to the underlying bill, H.R. Wellstone (D–MN) when control of the Senate keep the House of Representatives 2844. was in the hands of the third-party governor of working should a significant majority Continuity of representation in Congress is a Minnesota. very serious matter. On one side of this de- Also, during the last Congress there was a of this House be killed or incapaci- bate we will hear that we must have tem- constant theme of speculation about the fact tated. I urge a ‘‘no’’ vote on the pre- porary replacements as quickly as possible in that the death in office of the aged and ailing vious question. a national emergency. On the other side, we Senator Strom Thurmond (R–SC) would allow Mr. Speaker, I ask unanimous con- will hear that to be legitimate, any replacement the Democratic governor of South Carolina to sent that the text of the amendment be House Members need to be chosen through change party control of the senate for up to 2 printed in the RECORD immediately be- the electoral process. years. fore the vote on the previous question.

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.049 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2309 The SPEAKER pro tempore (Mr. should strongly support. It makes in order a bate the shall be considered LAHOOD). Is there objection to the re- total of four amendments, all of them offered for amendment under the five-minute rule in quest of the gentleman from Texas? by members of the Minority Party. Debating accordance with sections 3 and 4. The joint There was no objection. these amendments will allow the House to resolution shall be considered as read. No amendment to the joint resolution, or to the Mr. HASTINGS of Washington. Mr. work its will on some of the key issues raised Speaker, I yield myself such time as I joint resolution as perfected by an amend- by H.R. 2844. ment in the nature of a substitute finally may consume. I also rise in support of the underlying legis- Mr. Speaker, as evidenced by the re- adopted, shall be in order except as specified lation, H.R. 2844. In his Second Treatise on in this resolution. Clause 6(g) of rule XVIII marks, this is a very important issue. I Government, John Locke wrote ‘‘the first and shall not apply with respect to a request for want to remind Members, in my open- fundamental positive law of all common- a recorded vote on any amendment. ing remarks I mentioned that there are wealths is the establishing of legislative power. SEC. 3. (a) Before consideration of any several things that need to be taken Itself is the preservation of the society and of up. One, obviously, is a quick way to other amendment, it shall be in order to con- every person in it.’’ sider the amendments in the nature of a sub- try to get the elected representatives Today, we examine whether the current stitute specified in subsection (b). Each such back here. The other is the issue of in- mechanisms by which our government is cre- amendment may be offered only if the Mem- capacitation, which will be taken up ated and maintained sufficiently provides for ber has caused the amendment to be printed next week in the Committee on Rules, the continuation of representation in the event in the portion of the Congressional Record and also the issue of a constitutional of a horrific disaster. Our efforts should an- designated for that purpose in clause 8 of rule XVIII, may be offered only in the order amendment of the various types that swer the question of whether we are, in mod- are floating around. That was con- specified, may be offered only by the Member ern times, prepared to provide a rapid govern- designated or a designee of such Member, firmed by the chairman. There will be mental response if and when disaster strikes more debate on the issue. This is the shall be considered as read, shall be debat- that very government. first step, however. We ought to pass able for one hour equally divided and con- The executive branch has made contin- trolled by the proponent and an opponent, this rule, pass this bill, and continue gency plans so that in a dire emergency it and shall not be subject to amendment ex- our discussion on the other issues. would be able to continue functioning on be- cept as specified in section 4. All points of GENERAL LEAVE half of the American people. This is a prudent order against such amendments are waived Mr. HASTINGS of Washington. Mr. thing to do. The House in its opening day (except those arising under clause 7 of rule Speaker, I ask unanimous consent that rules package included significant positive XVI). If more than one amendment in the na- all Members may have 5 legislative ture of a substitute specified in subsection rules changes stemming from the rec- (b) is adopted, then only the one receiving days within which to revise and extend ommendations made by the bipartisan Con- their remarks and include extraneous the greater number of affirmative votes shall tinuity of Congress Task Force. be considered as finally adopted in the House material on H. Res. 602. Today, with the consideration of H.R. 2844, The SPEAKER pro tempore. Is there and in the Committee of the Whole. In the the U.S. House of Representatives begins to case of a tie for the greater number of af- objection to the request of the gen- put in place a new system for ensuring the firmative votes, then only the last amend- tleman from Washington? continuity of the Congress in the aftermath of ment to receive that number of affirmative Mr. FROST. Mr. Speaker, reserving votes shall be considered as finally adopted the right to object, and I will not ob- a catastrophic event. H.R. 2844 provides that, if more than 100 in the House and in the Committee of the ject, but I would like to point out that Whole. in the Committee on Rules, and I un- House Members are killed, the Speaker of the House can declare that ‘‘extraordinary cir- (b) The amendments in the nature of a sub- derstand Members want to revise and stitute referred to in subsection (a) are as extend their remarks on the rule and cumstances’’ exist. Such a declaration would trigger expedited special elections in those follows: submit all kinds of material, but I (1) Any amendment offered by any member would point out when this rule was districts whose Members have been killed (other than any amendment described in being considered by the committee, we within 45 days. The political parties are given paragraph (2), (3), or (4)). asked for an additional hour of debate 10 days within which to nominate candidates (2) An amendment offered by the ranking on the bill itself and we were denied for these elections. minority member of the Committee on the Judiciary. that by a rollcall vote. That vote was The important constitutional principle that this bill upholds is the unique nature of the (3) An amendment offered by the chairman Committee on Rules record vote No. of the Committee on the Judiciary. 247, three ‘‘yeses’’ and six ‘‘noes.’’ People’s House. The government should nei- ther exist nor change but with the express will (4) An amendment offered by Representa- I will not object to Members being tive Baird of Washington. able to revise and extend their re- of the people by whom and for whom it was SEC. 4. (a) After disposition of the amend- marks, but I wish we had provided for created. Without an elected House, legislation could be passed by a Federal Government ments in the nature of a substitute specified additional debate time on this very im- in section 3(b), the Committee of the Whole composed entirely of the unelected. We must portant piece of legislation. That was a shall rise. On the fourth legislative day reasonable proposal that was made in continue the tradition of the People’s House, which follows the legislative day on which the Committee on Rules and was re- and H.R. 2844 does so. the Committee rises under this section, im- jected by the other side. With that, Mr. Speaker, I urge support of mediately after the third daily order of busi- Mr. Speaker, I withdraw my reserva- this important rule. ness under clause 1 of rule XIV, the House tion of objection. The material previously referred to shall resolve into the Committee of the The SPEAKER pro tempore. Is there by Mr. FROST is as follows: Whole for further consideration of the joint objection to the request of the gen- At the end of the resolution add the fol- resolution. After an additional period of gen- eral debate, which shall be confined to the tleman from Washington? lowing new section: SEC. 2. On the next legislative day after the joint resolution and shall not exceed one There was no objection. hour equally divided and controlled by Rep- Mr. HASTINGS of Washington. Mr. adoption of this resolution, immediately after the third daily order of business under resentative Baird of Washington and the Speaker, I yield myself the balance of clause 1 of rule XIV, the House shall resolve chairman of the Committee on the Judici- my time. into the Committee of the Whole House on ary, the provisions of the joint resolution, or Mr. Speaker, we are going to have the state of the Union for consideration of the provisions of the joint resolution as per- more debate on this important issue of the joint resolution (H.J. Res. 83) proposing fected by an amendment in the nature of a continuity in Congress. We will have an amendment to the Constitution of the substitute finally adopted, shall be consid- several more opportunities, and I sus- United States regarding the appointment of ered as an original joint resolution for the pect we will have plenty of time to individuals to fill vacancies in the House of purpose of further amendment under the have that debate. I certainly hope we Representatives. The first reading of the five-minute rule, subject to subsection (b). will. joint resolution shall be dispensed with. All Each such further amendment shall be con- sidered as read, shall be debatable for 20 min- Mr. LINDER. Mr. Speaker, I rise in support points of order against consideration of the joint resolution are waived. General debate utes equally divided and controlled by the of this rule, and I thank my friend and col- shall be confined to the joint resolution and proponent and an opponent (except as pro- league from the Rules Committee, DOC shall not exceed one hour equally divided vided in subsection (c)), shall not be subject HASTINGS, for yielding me this time. and controlled by Representative Baird of to amendment, and shall not be subject to a H. Res. 602 is a fair, structured rule, which Washington and the chairman of the Com- demand for division of the question in the House members on both sides of the aisle mittee on the Judiciary. After general de- House or in the Committee of the Whole.

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.050 H22PT1 H2310 CONGRESSIONAL RECORD — HOUSE April 22, 2004 (b) No further amendment may be offered without intervening motion or demand for Simpson Thomas Weldon (PA) pursuant to this section except for the fol- division of the question. Smith (MI) Thornberry Weller Smith (NJ) Tiahrt Whitfield lowing, each of which (other than the amend- Mr. HASTINGS of Washington. Mr. ment described in paragraph (7)) may be of- Smith (TX) Tiberi Wicker Speaker, I yield back the balance of Souder Turner (OH) Wilson (NM) fered only if the Member has caused the Stearns Upton amendment to be printed in the portion of my time, and I move the previous ques- Wilson (SC) Sullivan Vitter Wolf the Congressional Record designated for that tion on the resolution. Sweeney Walden (OR) Young (AK) Tancredo Walsh purpose in clause 8 of rule XVIII: The SPEAKER pro tempore. The Young (FL) (1) If an amendment in the nature of a sub- question is on ordering the previous Taylor (NC) Wamp stitute to the joint resolution is finally question. Terry Weldon (FL) adopted (in accordance with section 3), two The question was taken; and the NAYS—198 amendments offered by the sponsor thereof. (2) One amendment offered by the chair- Speaker pro tempore announced that Abercrombie Green (TX) Olver man of the Committee on the Judiciary. the ayes appeared to have it. Ackerman Grijalva Ortiz (3) One amendment offered by the ranking Mr. FROST. Mr. Speaker, I object to Alexander Gutierrez Owens Allen Harman Pallone minority member of the Committee on the the vote on the ground that a quorum Andrews Hill Pascrell Judiciary. is not present and make the point of Baca Hinchey Pastor (4) Two amendments offered by the major- order that a quorum is not present. Baird Hoeffel Payne ity leader. Baldwin Holden Pelosi The SPEAKER pro tempore. Evi- Ballance Holt (5) Two amendments offered by the minor- dently a quorum is not present. Peterson (MN) ity leader. Becerra Honda Pomeroy Bell Hooley (OR) (6) Two amendments offered by Represent- The Sergeant at Arms will notify ab- Price (NC) Berkley Hoyer sent Members. Rahall ative Baird of Washington. Berman Inslee Rangel (7) The amendment referred to in sub- Pursuant to clause 9 of rule XX, the Berry Israel Reyes section (c). Chair will reduce to 5 minutes the min- Bishop (GA) Jackson (IL) Rodriguez (c) After disposition of the amendments de- imum time for electronic voting, if or- Bishop (NY) Jefferson scribed in paragraphs (1) through (6) of sub- Blumenauer John Ross dered, on the question of adoption of Rothman section (b), it shall be in order to consider an Boswell Johnson, E. B. the resolution. Boucher Jones (OH) Roybal-Allard amendment offered by the sponsor of the Ruppersberger amendment in the nature of a substitute to The vote was taken by electronic de- Boyd Kanjorski Brady (PA) Kaptur Rush the joint resolution finally adopted (in ac- vice, and there were—yeas 210, nays Brown (OH) Kennedy (RI) Ryan (OH) cordance with section 3) or his designee, or if 198, not voting 25, as follows: Brown, Corrine Kildee Sabo ´ no such amendment in the nature of a sub- [Roll No. 126] Capps Kilpatrick Sanchez, Linda stitute is so adopted, an amendment offered Capuano Kind T. by Representative Baird of Washington or YEAS—210 Cardin Kleczka Sanchez, Loretta his designee. All points of order against such Aderholt Everett Manzullo Cardoza Kucinich Sanders amendment are waived (except those arising Akin Feeney McCotter Carson (IN) Lampson Sandlin Schakowsky under clause 7 of rule XVI). The amendment Bachus Ferguson McCrery Carson (OK) Langevin Case Lantos Schiff shall be debatable for one hour equally di- Baker Flake McHugh Ballenger Foley McInnis Chandler Larsen (WA) Scott (GA) vided and controlled by the proponent and an Barrett (SC) Franks (AZ) McKeon Clay Larson (CT) Scott (VA) opponent. Bartlett (MD) Frelinghuysen Mica Clyburn Lee Serrano SEC. 5. If at any time during the consider- Barton (TX) Garrett (NJ) Miller (MI) Conyers Levin Sherman ation of the joint resolution the Committee Bass Gerlach Miller, Gary Cooper Lewis (GA) Skelton of the Whole rises and reports that it has Beauprez Gibbons Moran (KS) Costello Lipinski Slaughter come to no resolution on the joint resolu- Bereuter Gilchrest Murphy Cramer Lofgren Smith (WA) tion, then on the next legislative day (except Biggert Gillmor Musgrave Crowley Lowey Snyder Bilirakis Gingrey Myrick Cummings Lynch Solis as provided in section 4), immediately after Davis (AL) Majette the third daily order of business under clause Bishop (UT) Goode Nethercutt Spratt Blackburn Goodlatte Neugebauer Davis (CA) Maloney Stark 1 of rule XIV, the House shall resolve into Blunt Goss Ney Davis (FL) Markey Stenholm the Committee of the Whole for further con- Boehlert Granger Northup Davis (IL) Marshall Strickland sideration of the joint resolution. Boehner Graves Norwood Davis (TN) Matheson Stupak SEC. 6. At the conclusion of consideration Bonilla Green (WI) Nunes DeFazio Matsui Tanner DeGette McCarthy (MO) of the joint resolution for amendment the Bonner Gutknecht Nussle Tauscher Delahunt McCarthy (NY) Committee shall rise and report the joint Bono Harris Osborne Taylor (MS) DeLauro McCollum Boozman Hart Ose Thompson (CA) resolution, or the joint resolution as per- Deutsch McDermott Bradley (NH) Hastings (WA) Otter Thompson (MS) fected by an amendment in the nature of a Dicks McGovern Brady (TX) Hayes Oxley Tierney substitute finally adopted, to the House with Dingell McIntyre Brown (SC) Hayworth Paul Towns such further amendments as may have been Brown-Waite, Hefley Pearce Doggett McNulty Dooley (CA) Meehan Turner (TX) adopted. Any Member may demand a sepa- Ginny Hensarling Pence Udall (CO) Burgess Herger Petri Doyle Meek (FL) rate vote in the House on any further amend- Udall (NM) Burns Hobson Pickering Emanuel Meeks (NY) ment adopted in the Committee of the Whole Van Hollen Burr Hoekstra Pitts Engel Menendez to the joint resolution as perfected by an Vela´ zquez Burton (IN) Hostettler Platts Eshoo Michaud amendment in the nature of a substitute fi- Visclosky Buyer Houghton Porter Etheridge Miller (NC) Waters nally adopted. The previous question shall be Calvert Hyde Portman Evans Miller, George considered as ordered on the joint resolution Camp Isakson Pryce (OH) Farr Moore Watson and amendments thereto to final passage Cannon Issa Putnam Fattah Moran (VA) Watt without intervening motion except one mo- Cantor Istook Quinn Filner Murtha Waxman Weiner tion to recommit with or without instruc- Capito Jenkins Radanovich Ford Nadler Frank (MA) Napolitano Wexler tions. Castle Johnson (CT) Ramstad Chabot Johnson (IL) Regula Frost Neal (MA) Woolsey SEC. 7. It shall be in order to take from the Chocola Johnson, Sam Rehberg Gonzalez Oberstar Wu Speaker’s table H.J. Res. 83, with any Senate Coble Jones (NC) Renzi Gordon Obey Wynn amendment thereto, and to consider in the Cole Keller Reynolds House, without intervention of any point of Collins Kelly Rogers (AL) NOT VOTING—25 order (except those arising under clause 7 of Cox Kennedy (MN) Rogers (KY) Carter Greenwood Millender- rule XVI), a motion offered by the sponsor of Crane King (IA) Rogers (MI) Davis, Tom Hall McDonald the amendment in the nature of a substitute Crenshaw King (NY) Rohrabacher DeMint Hastings (FL) Miller (FL) to the joint resolution finally adopted (in ac- Cubin Kingston Ros-Lehtinen Duncan Hinojosa Mollohan Culberson Kirk Royce Edwards Hulshof Peterson (PA) cordance with section 3) or his designee, or if Cunningham Kline Ryan (WI) no such amendment in the nature of a sub- Forbes Hunter Pombo Davis, Jo Ann Knollenberg Ryun (KS) Fossella Jackson-Lee Shuster stitute is so adopted, offered by Representa- Deal (GA) Kolbe Saxton Gallegly (TX) Tauzin tive Baird of Washington or his designee, to DeLay LaHood Schrock Gephardt Lucas (KY) Toomey dispose of any such Senate amendment. The Diaz-Balart, L. Latham Sensenbrenner Senate amendment and the motion shall be Diaz-Balart, M. LaTourette Sessions ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE considered as read. The motion shall be de- Doolittle Leach Shadegg Dreier Lewis (CA) Shaw batable for one hour equally divided and con- The SPEAKER pro tempore (Mr. Dunn Lewis (KY) Shays LAHOOD) (during the vote). Members trolled by the proponent and an opponent. Ehlers Linder Sherwood The previous question shall be considered as Emerson LoBiondo Shimkus are advised there are 2 minutes remain- ordered on the motion to final adoption English Lucas (OK) Simmons ing in this vote.

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.008 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2311 b 1245 Sweeney Turner (OH) Weller A motion to reconsider was laid on Tancredo Upton Whitfield the table. Messrs. ROTHMAN, JOHN, CARSON Taylor (NC) Vitter Wicker of Oklahoma, DEUTSCH, CASE, CON- Terry Walden (OR) Wilson (NM) The SPEAKER pro tempore. Pursu- YERS, MCNULTY, MARSHALL, and Thomas Walsh Wilson (SC) ant to House Resolution 602 and rule Thornberry Wamp Wolf XVIII, the Chair declares the House in LIPINSKI changed their vote from Tiahrt Weldon (FL) Young (AK) ‘‘yea’’ to ‘‘nay.’’ Tiberi Weldon (PA) Young (FL) the Committee of the Whole House on the State of the Union for the consider- Mr. NUSSLE changed his vote from NOES—197 ation of the bill, H.R. 2844. ‘‘nay’’ to ‘‘yea.’’ Abercrombie Gordon Oberstar So the previous question was ordered. Ackerman Green (TX) Obey b 1254 The result of the vote was announced Alexander Grijalva Olver Allen Gutierrez Ortiz IN THE COMMITTEE OF THE WHOLE as above recorded. Andrews Harman Owens Accordingly, the House resolved The SPEAKER pro tempore. The Baca Hill Pallone itself into the Committee of the Whole question is on the resolution. Baird Hinchey Pascrell Baldwin Hoeffel Pastor House on the State of the Union for the The question was taken; and the Ballance Holden Payne consideration of the bill (H.R. 2844) to Speaker pro tempore announced that Becerra Holt Pelosi require States to hold special elections the ayes appeared to have it. Bell Honda Peterson (MN) to fill vacancies in the House of Rep- Berkley Hooley (OR) Pomeroy RECORDED VOTE Berman Hoyer Price (NC) resentatives not later than 21 days Mr. FROST. Mr. Speaker, I demand a Berry Inslee Rahall after the vacancy is announced by the recorded vote. Bishop (GA) Israel Rangel Speaker of the House of Representa- Bishop (NY) Jackson (IL) Reyes A recorded vote was ordered. Blumenauer Jefferson Rodriguez tives in extraordinary circumstances, The SPEAKER pro tempore. This Boswell John Ross and for other purposes, with Mr. SIMP- will be a 5-minute vote. Boucher Johnson, E. B. Rothman SON in the chair. Boyd Jones (OH) Roybal-Allard The Clerk read the title of the bill. The vote was taken by electronic de- Brady (PA) Kanjorski Ruppersberger vice, and there were—ayes 212, noes 197, Brown (OH) Kaptur Rush The CHAIRMAN. Pursuant to the not voting 24, as follows: Brown, Corrine Kennedy (RI) Ryan (OH) rule, the bill is considered as having Capps Kildee Sabo been read the first time. [Roll No. 127] ´ Capuano Kilpatrick Sanchez, Linda Under the rule, the gentleman from AYES—212 Cardin Kind T. Cardoza Kleczka Sanchez, Loretta Ohio (Mr. NEY) and the gentleman from Aderholt Foley McKeon Carson (IN) Kucinich Sanders Connecticut (Mr. LARSON) each will Akin Fossella Mica Carson (OK) Lampson Sandlin control 20 minutes, and the gentleman Bachus Franks (AZ) Miller (FL) Case Langevin Schakowsky Baker Frelinghuysen Miller (MI) Chandler Lantos Schiff from Wisconsin (Mr. SENSENBRENNER) Ballenger Garrett (NJ) Miller, Gary Clay Larsen (WA) Scott (GA) and the gentleman from Michigan (Mr. Barrett (SC) Gerlach Moran (KS) Clyburn Larson (CT) Scott (VA) CONYERS) each will control 10 minutes. Bartlett (MD) Gibbons Murphy Conyers Lee Serrano Barton (TX) Gilchrest Musgrave Cooper Levin Sherman The Chair recognizes the gentleman Bass Gillmor Myrick Costello Lewis (GA) Skelton from Ohio (Mr. NEY). Beauprez Gingrey Nethercutt Cramer Lipinski Slaughter Mr. NEY. Mr. Chairman, I yield my- Bereuter Goode Neugebauer Crowley Lofgren Smith (WA) self such time as I may consume. Biggert Goodlatte Ney Cummings Lowey Snyder Bilirakis Goss Northup Davis (AL) Lynch Solis Mr. Chairman, I rise today in strong Bishop (UT) Granger Norwood Davis (CA) Majette Spratt support of H.R. 2844, the Continuity in Blackburn Graves Nunes Davis (FL) Maloney Stark Representation Act of 2003. This impor- Blunt Green (WI) Nussle Davis (IL) Markey Stenholm tant legislation furthers the important Boehlert Gutknecht Osborne Davis (TN) Marshall Stupak Boehner Hall Ose DeFazio Matheson Tanner objective of ensuring that the House of Bonilla Harris Otter DeGette Matsui Tauscher Representatives, the people’s House, Bonner Hart Oxley Delahunt McCarthy (MO) Taylor (MS) continues to function effectively dur- Bono Hastings (WA) Paul DeLauro McCarthy (NY) Thompson (CA) Boozman Hayes Pearce Deutsch McCollum Thompson (MS) ing times of national emergency. Bradley (NH) Hayworth Pence Dicks McDermott Tierney Mr. Chairman, it has now been over 2 Brady (TX) Hefley Petri Dingell McGovern Towns years since the horrific events of Sep- Brown (SC) Hensarling Pickering Doggett McIntyre Turner (TX) tember 11, 2001, a day in which terrorist Brown-Waite, Herger Pitts Dooley (CA) McNulty Udall (CO) Ginny Hobson Platts Doyle Meehan Udall (NM) enemies of the United States murdered Burgess Hoekstra Porter Emanuel Meek (FL) Van Hollen thousands of innocent American citi- Burns Hostettler Portman Engel Meeks (NY) Vela´ zquez zens in cold blood and struck dev- Burr Houghton Pryce (OH) Eshoo Menendez Visclosky Burton (IN) Hyde Putnam Etheridge Michaud Waters astating blows against symbols of our Buyer Isakson Quinn Evans Miller (NC) Watson country’s economic and military Calvert Issa Radanovich Farr Miller, George Watt power. These lethal attacks served as a Camp Istook Ramstad Fattah Moore Waxman very painful reminder of the destruc- Cantor Jenkins Regula Filner Moran (VA) Weiner Capito Johnson (CT) Rehberg Ford Murtha Wexler tive intent of our terrorist enemies, as Castle Johnson (IL) Renzi Frank (MA) Nadler Woolsey well as the increasingly sophisticated Chabot Johnson, Sam Reynolds Frost Napolitano Wu and devastating methods by which Chocola Jones (NC) Rogers (AL) Gonzalez Neal (MA) Wynn Coble Keller Rogers (KY) they carry out their deadly work. Cole Kelly Rogers (MI) NOT VOTING—24 Since that grim day, we have been Collins Kennedy (MN) Rohrabacher Cannon Greenwood Millender- forced to contemplate the dreadful pos- Cox King (IA) Ros-Lehtinen Carter Hastings (FL) McDonald Crane King (NY) Royce sibility of a terrorist attack aimed at Davis, Tom Hinojosa Mollohan Crenshaw Kingston Ryan (WI) the heart of our Nation’s government DeMint Hulshof Peterson (PA) Cubin Kirk Ryun (KS) Duncan Hunter Pombo here in Washington, D.C., possibly car- Culberson Kline Saxton Edwards Jackson-Lee Shuster ried out with nuclear, chemical or bio- Cunningham Knollenberg Schrock Forbes Strickland Davis, Jo Ann Kolbe Sensenbrenner (TX) logical weapons of mass destruction. Gallegly Lucas (KY) Tauzin Deal (GA) LaHood Sessions Gephardt Toomey Such an attack could potentially anni- DeLay Latham Shadegg hilate substantial portions of our Fed- Diaz-Balart, L. LaTourette Shaw ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Diaz-Balart, M. Leach Shays The SPEAKER pro tempore (Mr. eral Government and kill or maim hun- Doolittle Lewis (CA) Sherwood dreds of Members of Congress. This is Dreier Lewis (KY) Shimkus LAHOOD) (during the vote). Members are advised 2 minutes remain in this not a comfortable scenario for any of Dunn Linder Simmons us to confront, as it forces us to con- Ehlers LoBiondo Simpson vote. Emerson Lucas (OK) Smith (MI) template the possibility of our own de- English Manzullo Smith (NJ) b 1254 mise at the hands of our terrorist en- Everett McCotter Smith (TX) So the resolution was agreed to. emies. Feeney McCrery Souder Ferguson McHugh Stearns The result of the vote was announced Nevertheless, if such an attack were Flake McInnis Sullivan as above recorded. ever to occur, the presence of strong

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.053 H22PT1 H2312 CONGRESSIONAL RECORD — HOUSE April 22, 2004 national leadership would be more im- more than 100 vacancies exist in the fit to make sure that this discussion portant than ever. The American peo- House. The political parties authorized was able to flow in our committee. ple would be desperately seeking reas- by State law to make I further want to thank the Speaker surance that their government re- would then have up to 10 days after the of the House and the gentleman from mained intact and capable of acting Speaker’s announcement to nominate a Missouri (Mr. BLUNT), as well, for their vigorously in the Nation’s defense. candidate. However, a State would intercessions and understanding of the In the aftermath of a catastrophic at- have to hold an expedited special elec- importance and significance of this tack, it would be imperative that a tion if a regularly scheduled general issue. And as was mentioned by the functioning Congress be in place with election were to be held within 75 days gentleman from California (Mr. the ability to operate with legitimacy after the Speaker’s announcement, DREIER), and the gentleman from Wis- as soon as possible. How best to ensure thus basically providing a 30-day exten- consin (Mr. SENSENBRENNER) earlier as the continuity of the House of Rep- sion for such States. well, their willingness to bring a con- resentatives in the wake of a terrorist We are under no illusion that holding stitutional proposal before their com- attack is a complex and difficult ques- expedited special elections would be mittees, which I think is an important tion that defies a simple solution. challenge-free for the States. We know step in this process. When drafting the Federal Constitu- that. When we have regular course of The continuity of Congress, as was tion, our Founding Fathers designed order, it is a challenge, as we all know. pointed out by the distinguished chair- the House to be the branch of govern- Even under the best circumstances, man, apparently means different things ment closest to the people. They be- conducting an election presents many to different people. But in reality, it lieved the only way this objective logistical hurdles. Nevertheless, a num- comes down to one question: Can the could be accomplished was through fre- ber of States already require House va- legislative branch be fully functional quent elections. Consequently, the cancies to be filled via the special elec- in the immediate aftermath of a dis- Constitution, Article I, Section 2, tion within 45 days or less. aster which affects some or all of its Clause 4, provides that vacancies in the In addition, the majority opinion of Members? Can it ‘‘stand up’’ imme- House may be filled only through spe- the Nation’s chief election officials, diately in the wake of a catastrophe? cial elections. As a result, no Member one of whom testified, appears to be For that kind of thing to take place, I has ever served in this House who was that 45 days would provide sufficient turn to ‘‘Justice,’’ or more appro- not first elected by the people he or she time to plan and prepare for an expe- priately Judge Learned Hand, whose represents. dited special election. Again, they did name I think is among the great names Last September, the Committee on not say it would be easy, but they in history. But more importantly, what House Administration, which I chair, thought it would provide enough time. Judge Learned Hand said is ‘‘The spirit along with our , the of liberty is the spirit which is not too b 1300 gentleman from Connecticut (Mr. sure that it is right.’’ LARSON), and Members from both sides Therefore, I believe H.R. 2844 strikes As we approach this debate today, of the aisle, conducted a hearing on the proper balance between the demand and understanding the complexity of H.R. 2844 to allow leading thinkers on to fill House vacancies through special the issues involved, as the gentleman the issue of congressional continuity to elections in as short a time frame as from North Carolina (Mr. WATT) said provide insight on the many different possible and the need for election offi- earlier, neither side should be claiming aspects of this important issue. That cials and the voting public to have the that it is ‘‘right,’’ but both sides should hearing revealed that the debate on time necessary to get ready for the be citing the principles that they are this subject essentially divides into elections to make informed choices. adhering to in trying to put them for- two camps: Those who view a quick re- In conclusion, as Members of Con- ward in the current context. constitution of the House as the most gress we owe a duty to the people In my remarks before the Committee important consideration, and, thus, whom we represent to contemplate and on Rules, I cited a couple of images support a constitutional amendment devise response to worst case scenarios, that are seared in my memory, and I allowing for the appointment of tem- which we all hope never happens; but think the minds of most people here— porary replacements to fill vacant we have to again be ready and be able the image of us all united on the steps House seats; or, the second camp, those to respond to those scenarios to ensure of the Capitol immediately following who believe retaining the House’s that no terrorist attack will ever crip- the attacks on September 11, together elected character is paramount and, ple the ability of the people’s House to and unified. And then also, not too therefore, support expedited special function effectively. long afterward, another situation that elections as the exclusive means for re- I want to thank the gentleman from arose with respect to anthrax that constituting the House of Representa- Wisconsin (Mr. SENSENBRENNER) for moved the Speaker and then-Minority tives. The second camp I described is bringing this bill through the process. I Leader GEPHARDT to convene a joint what this bill of the gentleman from also want to thank our ranking mem- caucus. In that joint caucus we also Wisconsin (Chairman SENSENBRENNER) ber, the gentleman from Connecticut discussed very important issues. does. (Mr. LARSON). I thought we had a very And at that time, because of the safe- Though the two sides in this debate good look at the different issues in the ty concerns around this building, our disagree on many fundamental issues, Committee on House Administration leaders argued that we had to shut both agree that expedited elections and a very healthy debate on those down the legislative process, shut down should be part of the solution to this issues. And I urge the support of the the building for safety reasons, in what complex and difficult question. For bill. was thought to be an agreement with this reason the Committee on House Mr. Chairman, also I want to thank both the President and the other body. Administration marked up and passed our whip, the gentleman from Missouri Appealing to our better angels, even out of committee H.R. 2844, which es- (Mr. BLUNT), for his work on this issue though the Membership itself did not tablishes a framework for conducting also. want to go home, we did, only to read expedited special elections to fill House Mr. Chairman, I reserve the balance in the papers that while the House was vacancies resulting from a catastrophic of my time. at home, the Senate was doing its terrorist attack. The goal of this legis- Mr. LARSON of Connecticut. Mr. duty. We know what the reality of that lation is to ensure the continuing oper- Chairman, I yield myself such time as situation is. ation of the House during times of na- I may consume. I raise these symbolic images be- tional crisis, while at the same time Mr. Chairman, let me begin also by cause of the message it sends out to protecting the character of the House thanking my distinguished colleague the American people. And as was point- as truly an elected body. from Ohio. Throughout this debate and ed out by the distinguished gentleman The Continuity in Representation discussion, clearly when there was an from Ohio, I think it directly points to Act requires that expedited special opportunity where issues were non-ger- the differences that we have with re- elections be held within 45 days of the mane because of the importance and gard to this bill. And they are impor- Speaker of the House announcing that gravity of this issue, the chairman saw tant distinctions.

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.056 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2313 Earlier debate on the rule highlights work its legislative will? In a crisis, In addition, pursuant to State and Federal the fact that there are really two con- will we be governed by the rule of law, law, the State of Connecticut has 45 days to vergent remedies before us today. or by the will of men? issue overseas ballots. These ballots contain Under immediate consideration is a No one I have ever talked to about the names of candidates for federal office this scenario believes that the execu- only and are available 45 days before any statutory scheme to quickly fill House election where the names of candidates for vacancies in the wake of mass casual- tive branch will put its functions on federal office appear. Holding a special elec- ties. Like it or not, even these expe- ‘‘hold’’ while the House is being recon- tion for Representative in Congress 45 days dited elections, which maintain the stituted. If there is a national threat, after the vacancy would create a timeline elective character of the House, cannot or a natural disaster, the executive too short to comply with the State and Fed- satisfactorily fill the potential power branch will respond however it chooses, eral laws requiring the availability of the 45 vacuum created in the wake of a cata- perhaps extralegally, because of the ab- day overseas ballots. strophic event, and do not address the sence of checks and balances from a Thank you for your consideration of my comments and I commend you on all of your issue at all with respect to incapacity. functioning legislative branch. In other countries, this type of executive hard work as you co0ntinue to debate this It is important because, if either the very important issue in Congress. Please do House or the Senate cannot operate, or branch action would be called ‘‘martial not hesitate to contact me or my Deputy their actions are subject to questions law.’’ Secretary of the State, Maria Greenslade, if of legitimacy, our systems of checks Third, is it necessary to squeeze the you have any questions or if I can be of as- and balances fails, and our democracy lifeblood out of our democracy’s elec- sistance. is in jeopardy. These questions of legit- toral process in the name of expedited Sincerely, imacy were raised most notably in my elections? Clearly, that is not the in- SUSAN BYSIEWICZ. research by Estes Kefauver, when he tent of the proponents of this bill—I STATE OF WISCONSIN, said, having nobly served in this House, understand that. But unintended con- sequences happen in these situations. ELECTIONS BOARD, that no one enters into this Chamber Madison, WI, September 5, 2003. who has not—as the gentleman from Presumably state-chosen representa- tives, could save temporarily, while Hon. JOHN CORNYN, Wisconsin (Mr. SENSENBRENNER) elo- U.S. Senator, Chairman, Senate Subcommittee awaiting permanent replacements quently said—been duly elected by the on the Constitution, Civil Rights and Prop- which are the result of legitimate pop- people. That is a powerful and unique erty Rights, U.S. Senate, Dirksen Senate Of- ular elections conducted in the 50 statement to make. But Kefauver went fice Building, Washington, DC. States under their own election proc- on to say that there is an important DEAR SENATOR CORNYN: Thank you for the esses. This bill Federalizes State elec- opportunity to comment regarding the pro- concern about the representative na- tion procedures in these circumstances, posals pending before the Subcommittee ture of this democracy—that while we and its timetable, unfortunately, tram- which would require special elections to be are, in fact, elected by people, we are ples all over essential elements of our held to fill multiple congressional vacancies sent here by the States. And a catas- democracy, squeezing out most States’ resulting from the a catastrophic event. I am trophe that could prevent whole States the chief state election official for Wis- candidate eligibility and the selection from not being represented for 45 days consin. I will endeavor to respond to your in- procedures, voter registration opportu- goes to the heart of my concern about quiries. nities and voter choice. It also tram- Twenty-one days would not be enough time the underlying bill. ples on 40 years of civil rights and vot- So I have some questions that I pose to conduct an expedited special election in a ing rights laws. Is this really nec- crisis situation. Election preparation re- to the House today, for our consider- essary? quires securing polling places, retaining poll ation as we debate this bill. Mr. Chairman, I will include for the workers, qualifying candidates, preparing First, in the wake of a disaster, is the RECORD the following letters and docu- ballots, delivering absentee ballots, setting House able to reconstitute itself so ments. up voting equipment and conducting the that its actions are viewed by the election. Candidate qualification requires a SECRETARY OF THE STATE, notice and filing process that will take at American people as legitimate and rep- CONNECTICUT, resentative under the Constitution? Hartford, CT, December 11, 2003 least 6 days, the current minimum under Wisconsin law. Ballot preparation, voting And legitimacy here is very important. Hon. JOHN B. LARSON, Unless representatives from nearly all Longworth HOB, equipment programming and set up would take at least 1 week. the 50 States are present to debate and Washington, DC. DEAR CONGRESSMAN LARSON: As the Chief This leaves a week for absentee voting. deliberate, then the answer is ‘‘No.’’ This would effectively eviscerate the absen- Although, arguably, the House could Elections Official for the State of Con- necticut, I am writing to express my concern tee voting privilege. The primary effect function under parliamentary rules over H.R. 2844 currently being debated in would be felt by military and overseas elec- with as few as three Members, would Congress that would require states to hold tors. the action of three Members have the special elections to fill vacancies in the Twenty-one days would not be enough time legitimacy that it needs? House of Representatives not later than 45 to time to ensure the integrity of the demo- We all know and have heard from days after the vacancy is announced by the cratic process. Candidate qualification would earlier debate that the Senate could Speaker of the House of Representatives in be so abbreviated that candidates would not have the time to meet qualification require- immediately reconstitute itself. And extraordinary circumstances. While Connecticut General Statutes under ments, even if these requirements were loos- there is a process for succession for the Section 9–215 already allows for a special ened to expedite the process. In a crisis situ- President. The smaller the number of election for state representatives and state ation the focus of candidates and voters will Members, and the fewer the number of senator in 45 days, a special election for a likely be on the crisis and its daily impact. States represented, the greater the member of Congress would represent a much There would be no time for effectively question of legitimacy. larger geographic and electoral population. winnowing the field through a primary, so Unless fully constituted with all 50 In Connecticut, for example, a congressional the winner will likely have a small plurality States participating, through some seat can be 50 times the size of a state rep- of the vote. form of representation, there is no resentative or a state senate district. Twenty-one days would effectively dis- A 45 day special election in a Connecticut enfranchise many voters. Overseas and mili- ‘‘representative’’ body for the people of congressional district would not only be un- tary electors generally need 45 days of ballot various States, and House actions workable but runs counter to a fair and transit time. Voters would have very little would lack the legitimacy of national democratic process. Specifically, such a opportunity to learn about the qualifications ‘‘majority rule’’ under the Constitu- short time frame would not give voters the of the candidates, the time of voting and lo- tion. opportunity to make an informed decision cation of the polling place. Voters with dis- Second, if immediate legislative au- about any of the candidates running for of- ability would likely have a more difficult thority is necessary to validate and fice or about the issues being discussed. In time participating in the proposed time- support executive branch functions, addition, a 45 day special election for Con- frame. and I believe it would be, or to hold gress would not allow the opportunity for a Sixty-two days is the minimum time nec- primary. This would essentially force Con- essary to ensure proper mechanical oper- them in check, will that legislative au- necticut back to a closed election process ation of an expedited special election, con- thority be there? If not, will the execu- after the General Assembly recently opened sistent with democratic integrity and offer- tive branch feel constrained to wait for up our democratic primary system this past ing all voters the opportunity a meaningful a reconstituted legislative branch to legislative session. opportunity to vote.

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.058 H22PT1 H2314 CONGRESSIONAL RECORD — HOUSE April 22, 2004 An expedited special election would likely the membership is vacant. It is noteworthy not be mustered. Also, if this occurred before cost the state of Wisconsin and local govern- that similar proposals have been considered a new Congress had organized and adopted ment at least $2 million dollars in out of by past Congresses which provided for vacan- its rules, a might well be sus- pocket costs for notices, ballots, postage, cies to be filled when the total number ex- tained that a quorum consists of a majority poll worker salary, voting equipment vendor ceeded 145, or approximately one-third of the of all Members chosen. In any event, it support and supplies. The cost of state and authorized membership. would be important at such a time that the local election officials salaries and fringe The Department of Justice does not object representative character of the House be pre- benefits would be increased for overtime and to the enactment of this resolution, al- served, and that the delegations of the peo- other work would be set aside for the con- though it might be desirable to include a ple of all the States be substantially intact duct of the expedited special election. provision which would establish a procedure for the urgent legislative action which would A 21 day schedule for special elections has for officially notifying the Governors of the be taken. The President should have that de- the potential to undermine public confidence States, perhaps through Presidential procla- gree of support and national unity which in the election process just when this con- mation, as to when they are authorized to only a fully constituted Congress could give fidence would be needed most. Na expedited make such temporary appointments. him. election process needs to be put in place, but The Bureau of the Budget has advised that For this reason, I have favored for a num- it should not be so abbreviated that individ- there is no objection to the submission of ber of years an amendment to the Constitu- uals elected under the process lose credi- this report from the standpoint of the ad- tion which would authorize the Governors of bility. ministration’s program. the various States to make temporary ap- If you need additional information please Sincerely yours, pointments to the House of Representatives contact me. BYRON R. WHITE, whenever some disaster substantially re- KEVIN J. KENNEDY, Deputy Attorney General. duced its membership. I believe such ap- Executive Director. pointments should be as temporary as condi- STATEMENT OF SENATOR ESTES KEFAUVER tions will permit and that the appointees AUGUST 22, 1961. should serve only until successors can be Mr. Chairman, as a former member of this Hon. EMANUEL CELLER, elected. However, in normal times, special distinguished body where I was also a mem- Chairman, Committee on the Judiciary, elections require from 60 to 90 days, and in ber of this particular committee, it is a real House of Representatives, Washington, DC. times of national emergency and disaster it pleasure and privilege for me to have this op- DEAR MR. CHAIRMAN: This is in response to could well be much longer before elections portunity to express to it my opinions on a your request for the views of the Department could properly be held. subject of vital importance of the House of of Justice on House Joint Resolution 91, a Former Senator William Knowland of Cali- Representatives and the entire Nation. resolution to amend the Constitution to au- fornia was one of the earliest to become con- I know from personal experience that the thorize Governors to fill temporary vacan- cerned about the continuity of constitu- House of Representatives is properly proud cies in the House of Representatives. tional representative government in the The Constitution, as amended by article of its historical role as representing the will event of nuclear attack. In September of XVII, provides that the Senate of the United of the people of the United States. No Mem- 1949, it was learned that the Soviet Union States ‘‘shall be composed of two Senators ber has ever entered this body except by the had exploded an atomic bomb. In the 81st from each State, elected by the people there- mandate and popular vote of his constitu- Congress, Senator Knowland then introduced of . . . When vacancies happen in the rep- ents. The Founding Fathers were determined Senate Joint Resolution 145 on January 18, resentation of any State in the Senate, the that Members of the House should be respon- 1950. It set the number of vacancies which executive authority of such State shall issue sible directly to the people. For this reason, would authorize temporary appointments at writs of election to fill such vacancies: Pro- they established a 2-year term of office and one-half of the authorized membership of the vided, That the legislature of any State may provided that vacancies should be filled in House and set forth a detailed provision for empower the executive thereof to make tem- all events by special election. However, the a proclamation to inform the State Gov- porary appointments until the people fill the framers of the Constitution could not foresee ernors that their appointive power had aris- vacancies by election as the legislature may the stark realities of the mid-20th century en. In the 82d Congress, Senator Knowland direct.’’ when weapons of war which can wreak mass introduced Senate Joint Resolution 59, However, with respect to Representatives, destruction almost instantaneously would which reduced the operative number of va- the Constitution provides in article I, sec- come into the hands of hostile world powers. cancies to 145 and also contained notification tion 2: ‘‘The House of Representatives shall Of course, the Senate, too, has since be- provisions. The Senate hearings held in the be composed of members chosen every sec- come a body elected by direct popular vote 81st and 82d Congresses indicate that it was ond Year by the People of the several States and although Members of the Senate are not thought that a majority of the authorized ...’’ Section 2 also provides that ‘‘When va- required to submit themselves to the elec- membership of the House was necessary for a cancies happen in the Representation from tive process so often, I believe that its Mem- quorum, and this may partially explain why any State, the Executive Authority thereof bers are also keenly conscious of the fact Senator Knowland changed the operative shall issue Writs of Election to fill such Va- that they are elected by, and are responsible number of vacancies from one-half to one- cancies.’’ to, the people. third in his proposal. It was developed in the The proposed amendment to the Constitu- In order that constitutional representative course of hearings in the 84th Congress that tion would provide that whenever the total government may be continued in all events. parliamentary precedents required for a vacancies in the House of Representatives I believe it is of vital importance to take quorum only a majority of the Members of exceed one-half of the authorized member- precautionary steps so that some disaster the House who are duly chosen, sworn, and ship, for a period of 60 days thereafter the ex- could not prevent the legislative branch of living. Neither figure, therefore, has any par- ecutive authority of each State shall have our Federal Government from continuing to ticular constitutional or parliamentary sig- the power to make temporary appointments function in a fully representative capacity. nificance. In my opinion, the operative num- to fill any vacancies in the representation As you know, presidential succession is as- ber of vacancies should be determined by the from his State in the House of Representa- sured by law. Vacancies in the judicial point at which the representative character tives. The amendment also provides that branch can be filled by Executive appoint- and legislative efficiency of the House might such appointee shall serve temporarily until ments. When the Constitution was amended become so impaired as to require temporary the vacancy has been filled by an election as to provide for direct election of Senators, appointments. provided for by article I, section 2, of the provision was also made for temporary ap- In the 83d Congress, Senator Knowland in- Constitution. pointments by State governors to fill vacan- troduced Senate Joint Resolution 39, which While the Constitution has provision for cies. Thus, if some nuclear disaster fell upon again specified one-third and contained proc- dealing with vacancies in the Senate, other the Capitol, the executive and judicial lamation provisions. This resolution was ap- than through the time-consuming election branches and the Senate could be speedily proved by the Senate by a vote of 70 to 1 on process, there is no such provision with re- reconstituted, but special elections would be June 4, 1954. spect to vacancies in the House. The Su- required to fill vacancies in the House of In the 84th Congress, as chairman of the preme Court in United States v. Classic (313 Representatives. The delay in such a time Senate Subcommittee on Constitutional U.S. 299), made it clear that elections are re- could paralyze the functioning of the Federal Amendments, I became interested in this quired for Members of the House of Rep- government. subject and introduced Senate Joint Resolu- resentatives. The need for this amendment, I do not say that it would necessarily be tion 8, which set the number of vacancies at especially during a period of national emer- constitutionally impossible for the House of one-half and did not contain a proclamation gency or disaster, is pointed up by the crit- Representatives to function with but a frac- provision. I felt then and feel now that the ical world conditions today, and the ability tion of its Members. I am informed that operation of the authority granted by such of some nations, through the use of atomic present parliamentary precedents indicate an amendment should not depend upon the and hydrogen devices, to wreak mass de- that the House can operate with a quorum of following of some detailed notification pro- struction in target areas. its living Members. But any disaster which cedure. There are many pitfalls in attempt- The committee may wish to consider killed one-half of one-third of the Represent- ing to deal constitutionally with all the whether the power to fill vacancies should be atives might well disable or isolate so many unforseeable difficulties which might pre- operative only when more than one-half of others that quorum of the survivors could vent a specified mode of notification from

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being carried out. This resolution was ap- STATEMENT BY REPRESENTATIVE CHARLES E. ment in Germany in the 1920’s and 1930’s to proved by the Senate by a vote of 76 to 3 on CHAMBERLAIN prevent the rise of nazism should indicate to May 19, 1955. In the 85th Congress, I intro- Mr. Chairman, I wish to thank the com- us the need for sustaining strong representa- duced Senate Joint Resolution 157 along the mittee for this opportunity to appear in sup- tive institutions. Our system of government same lines. In the 86th Congress, I intro- port of House Joint Resolution 508. Although successfully met the Nazi challenge, but duced Senate Joint Resolution 39 and it was I think that the purpose of and the very real today it is threatened the world over by approved by the Senate by a vote of 70 to 18 need of this constitutional amendment are communism . . . which attempts to justify despite the fact that two additional and sep- self-evident and require no elaborate dis- itself under the misleadingly innocent name arate articles of amendment were added to it sertation to prove their validity, I am of democratic centralism, which makes a on the Senate floor. mockery of true representative principles. From this background, I believe it is safe pleased to present to the committee the rea- sons which have influenced my thinking and Certainly we cannot permit to exist any to say that if the House of Representatives foreseeable situation where our response to approves a constitutional amendment on convinced me of its merit. I make no claims with respect to the authorship of this pro- this threat might falter. this subject, the chances are very good that In addition, many of the newer nations, posal to provide for the effective operation of the Senate will also approve it. whose peoples are not sufficiently prepared Congress in the event of a national emer- Early in this Congress, I introduced Senate to maintain representative institutions, gency or disaster, but I wholeheartedly favor Joint Resolution 18, which set the operative have resorted to various types of authori- it because I have been concerned, for several number of vacancies at one-half. From dis- tarian government for the espoused purpose years, about the future of representative cussion in the Subcommittee on Constitu- of preparing the people for democracy. The tional Amendments, I have concluded that government during a period of hostilities of example we set in this country might well one-third is a more suitable basis than one- the devastating proportions that can be ex- influence, that is, to encourage or discour- half, although any choice is necessarily pected should the cold war become a hot war. age, the final adoption of representative gov- somewhat arbitrary. In considering the pos- Mr. Chairman, I think we have all heard ernment in these new nations. As the leading sible effects of the type of disaster which we talk of the extensive plans to ensure the un- legislative body of the free world, we cannot should guard against, I think it is most like- interrupted functioning of the essential afford to overlook any contingency that ly that any disaster which killed one-third of agencies of the executive branch in the event might possibly reflect upon our constitu- the membership of the House would incapaci- of a nuclear attack on Washington . . . and tional system that has served us so well and tate so many of the survivors that the House this is, certainly, as it should be. But the brought us to our position of leadership in would probably be left with substantially question remains as to what would happen to the free world. less than one-half of its membership avail- the legislative branch under the same situa- I trust that the committee will not see any able for the transaction of business. A strong tion. As things now stand, should there be partisan feelings motivating my concern in argument can be made that the operative such an attack in which a large segment of this area out of fear of powers that the number of vacancies should be even less. In- the membership of the House of Representa- present administration would assume in the deed, I doubt if the average citizen is con- tives was lost, Congress would be unable to event of such a national catastrophe. My scious of any valid reason why individual va- exercise all its constitutional powers and feelings with respect to this problem have no cancies in the House and Senate are treated prerogatives until elections could be held. In relationship to the party affiliation of the differently by the Constitution with respect the meantime we would have, for all intents President of the United States. As I have to temporary appointments. and purposes, government by the executive just said, my concern is more with the rep- Senator Kenneth B. Keating, also a former branch. In addition, should Congress not be utation and preservation of representative Member of the House of Representatives, and able to function, the morale of the Nation government. But we should also keep in I have, therefore, introduced Senate Joint would be dealt a serious psychological shock mind that the period in American history Resolution 123, which specifies one-third. It which would only accentuate the chaos and since the Second World War has been charac- also authorizes Congress to enforce the arti- confusion that would follow such an attack. terized by the dramatic ascendency of the cle by legislation, leaving the way open to Clearly, while we are acting to beef up our supremacy of the executive branch in our provide statutory procedures for determining defenses, both at home and abroad, and while system of separated powers. And there are when the requisite number of vacancies exist we are finally beginning to pay more atten- many students of politics and history who and notifying the State Chief Executives of tion to civil defense, this is a most oppor- view this tendency with considerable appre- this fact. Of course, the House will continue tune time to focus attention on this problem hension. Whatever the validity of this view- to be the constitutional judge of the quali- of how our system of government would point, it is irrefutable that we must keep our fications of its own Members, in case unfore- function in such an eventually. Clearly, it is representative institutions in constant re- seen difficulties arise in the exercise of this a time to anticipate every contingency and pair, and never fail, tacitly or otherwise to grant of authority. to act accordingly. defend them against all dangers, imminent I know that the Department of Justice and House Joint Resolution 508 provides for an and potential. the Office of Civil and Defense Mobilization amendment to article 1, section 2, clause 4, Mr. Chairman, those of us whose job it is are very much in favor of some amendments of the Constitution, which reads, ‘‘When va- to make the representative system work, too along these lines, and I understand that rep- cancies happen in the Representation from infrequently take time to consider the resentatives of these agencies will appear any State, the Executive Authority thereof longer view and to speculate upon the prob- personally at these hearings. At a time when shall issue Writs of Election to file such Va- able future of our political institutions. we are preparing ourselves militarily for the cancies.’’ The purpose of the amendment is Whatever the nature of future developments possibility of World War III and we are call- to make it possible for the Governor of each and the possible impact that such an attack ing upon our citizens for personal sacrifice to State to fill immediately by appointment might have on them. I do no believe that the point of urging construction of personal any vacancies resulting from an emergency there can be any doubt as to the practical fallout shelters, I feel very strongly that it is or disaster. This would be effected when the wisdom or this proposal. It is my under- the height of folly to leave a constitutional Speaker, or in his stead some other duly em- standing that the Judiciary Committee of gap which might prevent the continuation of powered officer of the House, had certified to the other Chamber is prepared to consider a orderly representative government. The time the President that over 145 vacancies existed similar proposal. This is encouraging. How- is now singularly appropriate for approval of in the membership, and when the President ever, it seems to me that too much time has an amendment of this sort. It would dem- had then issued a proclamation permitting already been gambled and that we should act onstrate to Mr. Khrushchev that we are pre- the Governor of each State affected to ap- on this proposal immediately. . . particu- paring governmentally, as well as militarily, point new Members within 90 days. All other larly in view of the usually time consuming if the enemies of freedom chose to precipi- ratification process required. May I suggest tate World War III. vacancies after this 90-day period would be filled in accordance with the customary pro- to the committee that we never know how Mr. Chairman, I commend you and your late the hour is . . . how close we may be to committee for going into this subject at this cedures under clause 4 as it now reads. I believe that is essential that we safe- another Pearl Harbor. Naturally we hope time. I am not wedded to any particular that it will be prevented, but we should al- form which the amendment should take, but guard our form of government as well as our populations from the disorder and devasta- ways be prepared. I believe strongly that some amendment Certainly as we meet our responsibilities tion that such an attack would precipitate. along these lines should be approved prompt- of national security we must not overlook Consider if you will the possible effect if the ly by the Congress. I know that you will give the Congress itself and our responsibility to legislative system of the leading Nation of this problem full and careful consideration insure the continuance of representative the free world were suddenly paralyzed? In and I am confident that the result will be a government. solution which serves the interests of all the such a circumstance the very essence of rep- Mr. Chairman, I reserve the balance American people, protects the integrity of resentative government . . . so often un- justly attacked as being inefficient and in- of my time. this great legislative body, and insures the Mr. NEY. Mr. Chairman, I yield 4 continuation of democratic government. capable of functioning effectively in times of Thank you for your courtesy and consider- crisis . . . is challenged. In past years the minutes to the gentleman from Mis- ation. failure of such institutions to meet the de- souri (Mr. BLUNT), our whip. mands of the times has had a marked im- Mr. BLUNT. Mr. Chairman, I thank (The statement referred to is as follows:) pact. The inability of representative govern- the chairman of the committee, the

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.021 H22PT1 H2316 CONGRESSIONAL RECORD — HOUSE April 22, 2004 gentleman from Ohio (Mr. NEY), for considerable amount of time to come secretary of state with the principal re- recognizing me and for the hard work up with an approach that solves the sponsibility of serving as the chief that he has done on this bill. immediate problem with a solution elections officer. So let me direct a few I also want to say sitting here and that is clearly workable and brought to of my remarks to the actual mechanics listening to the gentleman from Ohio this floor in good faith that would re- of holding an election within the (Chairman NEY) and my friend, the constitute the body that would allow framework of this legislation. gentleman from Connecticut (Mr. us to continue to have that greater dis- When we first proposed this bill, LARSON), talk about this bill shows the cussion, in the interim we have at least many of my former colleagues in the heartfelt thought that has gone into taken a step to do what we could to see elections community expressed res- this. that the House was reconstituted as ervations over our original mandate for This is a circumstance that we would soon as possible. election to be held within 21 days. The all hope and pray that we would never I also hope that our friends will work bill we consider today has extended have to exercise, whatever we do today with us, and the gentleman from Mary- that deadline to 45 days. And the indi- or may do in the future. It is a moment land (Mr. HOYER) and I have talked viduals who I rely on as expert within that deserves some time and consider- about that, this is the gentleman from this field say that they could conduct ation. As we talk about lofty constitu- Connecticut (Mr. LARSON), the gen- an election certainly within that time tional principles, I am reminded, tleman from Wisconsin (Mr. SENSEN- frame. In regards to election administration though I would have to paraphrase BRENNER), the gentleman from Ohio functions such as programming, test- , who, after the Con- (Mr. NEY); and I have to look at the ing, hiring election workers and pre- stitutional Convention said that he had rules and see if another interim thing paring polling places, most polling had other ideas when he came to Phila- in the rules themselves can be done on places are relatively stable, so much so delphia. And while he was not totally the issue of capacity. that in most States they are actually satisfied with the product yet, he was It is certainly possible that we would not sure that he would not sometime listed on the voter identification cards. have Members who did not vacate their If tragedy required this legislation to come to believe that it was not the seats because of death, but were not be acted upon, we need to remember best possible thing that could be done able to serve for some period of time in that the ballot would only contain and should be done. That is the spirit the kind of circumstance we are antici- names for a single office, which would of the debate we need to have here pating today. Is there some way, again, dramatically ease printing, program- today. either as a short or a final solution, we I certainly appreciate the work the ming and testing. It should also be can deal with that at some point be- noted that since Congress has passed gentleman from Wisconsin (Chairman tween now and the beginning of the the Help America Vote Act, most SENSENBRENNER) has done, the willing- next Congress in terms of the rules? States are embracing the election re- ness he has to go beyond this and look form such as following the model in at constitutional solutions as they are b 1315 Michigan of a statewide computerized presented. I appreciate our friend, the Mr. Chairman, I am for this bill. I voter registration file which is con- gentleman from Washington (Mr. think it is a great step in the right di- stantly updated by local election BAIRD), and his immediate approach to rection. It may be the final step, it clerks, motor vehicle departments as me back shortly after September 11 on may be an interim step, but it is a step well, thereby allowing an up-to-date, the floor and his immediate concern that this body needs to take; and I en- clean file to be printed at any time and for this issue. courage our colleagues to vote for this bill. provide it to all the polling places. I am more than happy to see a con- Also, all of the States are rapidly Mr. LARSON of Connecticut. Mr. stitutional debate occur on an amend- moving toward a uniform system of Chairman, I reserve the balance of my ment at a later time. I do not know voting equipment. Michigan, for exam- time. that there is an amendment out there ple, will soon have all of our 5,300 pre- Mr. NEY. Mr. Chairman, I yield 4 that satisfies my concerns. In fact, I cincts using optical scan voting equip- minutes to the gentlewoman from personally have become persuaded as I ment, which would allow for the vendor thought about this by the gentleman Michigan (Mrs. MILLER). to always have a camera-ready ballot, from Wisconsin (Mr. SENSENBRENNER) Mrs. MILLER of Michigan. Mr. and then all you have to do is fill in and the gentleman from Ohio (Mr. NEY) Chairman, I thank the gentleman for the names of the candidates for Con- and others who have taken a scholarly yielding me time. gress and go to print. look at this that the elected character Mr. Chairman, I rise today as a proud These elections obviously would not of the House is the unique and vibrant cosponsor of this legislation, and I urge take place in optimal conditions, but it thing about the House. And if it is at my colleagues to support this very, has been my observation that elections all possible to come up with a solution very important bill. officials will always rise to the occa- that maintains that character of this This bill really reflects our willing- sion to complete the required work, es- as the only body that the only way you ness, I think, to think about what to do pecially in time of a national emer- can get here is to be elected, we should in regards to the United States House gency. This legislation will ensure the try to do that. But we can continue to of Representatives if the unthinkable integrity of the elections process. And have that discussion. were to happen. We need to have a while I recognize that there are various I would suggest to my good friends mechanism in place to ensure that our ideas about how we should approach on the other side of this debate that government remains strong, remains the situation of mass vacancies, it is even if that happened, the proposal be- stable in the events of a catastrophic my personal belief that under no cir- fore us today could be seen as an appro- attack. cumstances should we deviate from the priate interim step. Even if we were to Article I, Section 2 of our Constitu- direct election of Members of the peo- find an amendment to the Constitution tion states that when vacancies happen ple’s House. Clearly it is incumbent that would satisfy the broad concerns in the representation of any State, the upon us to find a solution to this issue and the character of the institution, to executive authority thereof shall issue which honors the wishes and the wis- have that on the floor, to have two- writs of election to fill such vacancies. dom of our Founding Fathers that no thirds of the Members of both Houses Here the operative phrase is clearly individual will serve in this Chamber supportive of it, to then go to the ‘‘elections.’’ And so we know that our without being first elected by the peo- States and have the States ratify Founding Fathers intended for any ple. would take a considerable amount of Member of the United States House to This legislation, under the guidance time. only serve after being elected. And this of the gentleman from Wisconsin (Mr. I hope we have a considerable House, the people’s House, has fulfilled SENSENBRENNER), and the gentleman amount of time before this ever mat- that intention, and I think this legisla- from California (Mr. DREIER), and the ters. I, in fact, hope that the work we tion will continue that tradition. gentleman from Ohio (Mr. NEY) is a re- do here today is never tested one way Before coming to Congress, I was markable achievement and certainly or another. But if we do not have a very honored to serve as Michigan’s deserves bipartisan support.

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.059 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2317 It has often been said that the price Ms. LOFGREN. Mr. Chairman, I yield nitude that eliminates the House oc- of freedom is being ever vigilant. The myself such time as I may consume. curs, must of necessity assume dictato- enemies of freedom will find that Mr. Chairman, the Committee on the rial powers in contradiction of the Con- America is. Judiciary favorably reported H.R. 2844, stitution. And I think that specter of Mr. LARSON of Connecticut. Mr. but we actually had a rather narrow ju- dictatorial powers contradicting the Chairman, I reserve the balance of my risdiction on this bill. In fact, our re- checks and balances needs to be time. view was limited to the review by the weighed when we consider replacing Mr. NEY. Mr. Chairman, I yield 2 three-judge panel of the announcement the election on a temporary, short- minutes to the gentleman from Indiana by the Speaker that a sufficient num- term basis, perhaps even just a few (Mr. PENCE). ber of vacancies existed to trigger the weeks, 45 days, so that we would have (Mr. PENCE asked and was given per- special election requirements of the a functioning Congress in the event of mission to revise and extend his re- bill. I think that actually skirts the a disaster. marks.) more fundamental question that faces To do that we need to have a con- Mr. PENCE. Mr. Chairman, I thank us as an institution. stitutional amendment, and I am hope- the gentleman for yielding me time As we know, the Constitution, ful that we will be about soon, the con- and for his wonderful leadership on this through its 17th Amendment, permits sideration of the constitutional amend- profoundly important legislation. State Governors to appoint Senators to ments that have been so far intro- I would also commend the gentleman vacant seats, but there is no com- duced. And, frankly, I have authored from Wisconsin (Mr. SENSENBRENNER), parable provision for the prompt re- one of them. I think it is a starting chairman of the Committee on the Ju- placement of the Members of the House point. There are others. This is a com- diciary, for his work on this bill, and to of Representatives. In fact, Article I, plex issue, and none of the amend- no lesser extent the gentleman from Section 2, Clause 4 of the Constitution ments, I think, are quite ready for our Washington (Mr. BAIRD), who has, I requires the executive authority of the approval, but they do command our at- think, singularly brought this issue to State in which a vacancy occurs in the tention. the attention of our colleagues in the House to order a special election to fill I would note that the Continuity of days immediately following September the vacancy. And the bill before us ac- Government Commission, which was a 11. celerates the time in which an election joint project of the American Enter- I want to rise in strong support of the prise Institute and the Brookings Insti- Continuity in Representation Act. would be held. The bill itself, I think, does raise tute, sort of the odd fellows of political Thinking of that ancient text that some questions. We have concerns institutes, came up with the conclusion says, Teach us to number our days about whether the fine history of voter that it was a constitutional amend- aright, that we might gain a heart of protection would be, in terms of the ment that was required to address wisdom. I think it is about that, as the mass vacancies in the Congress. When majority whip said, it is about that in Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Jimmy Carter and Gerald Ford, Lloyd that spirit that we gather here today. Cutler and Alan Simpson, Newt Ging- I must tell you, Mr. Chairman, this Handicapped Act, the Uniformed and Overseas Citizen Absentee Voting Act, rich and Tom Foley can agree on that, topic is not theoretical to me or my I am hopeful that in the end all of us family or to anyone who was here on the National Voter Registration Act of 1993, the Americans With Disabilities will reach that same conclusion. September 11. I stood on the Capitol Mr. Chairman, I reserve the balance lawn that morning and saw the smoke Act, and the Rehabilitation Act of 1973, could be fully adhered to in the time of my time. rising from the Pentagon, and scarcely The CHAIRMAN. Without objection, frame outlined in the bill. Further, we 1 month later I was informed by secu- the gentlewoman from California (Ms. worry whether the preclearance re- rity officials that the anthrax bacillus LOFGREN) will control the time of the quirements outlined in section 5 of the was on my desk, exposed to my staff gentleman from Michigan (Mr. CON- Voting Rights Act could be met in the and my family. YERS). While I pray that our Nation and this time frame outlined in the bill before There was no objection. Congress will never experience any us. Mr. NEY. Mr. Chairman, how much similar events with greater cata- However, there is a more funda- time remains? strophic effect on this institution, we mental issue, which is what happens, The CHAIRMAN. The gentleman must prepare for the eventuality. This should this bill become law, in the 45 from Ohio (Mr. NEY) has 3 minutes re- legislation does that. By ensuring the days between a disaster that elimi- maining. The gentleman from Con- continuity of this Congress, we will en- nates the House of Representatives and necticut (Mr. LARSON) has 11 minutes sure that the people’s House will be the holding of an election. Now, I have remaining. The gentleman from Wis- available to meet the people’s needs in heard and I agree with Members who consin (Mr. SENSENBRENNER) has 10 their most troubled hour. have quoted our Founding Fathers minutes remaining. The gentlewoman The House of Representatives is truly with some affection about the need to from California (Ms. LOFGREN) has 5 a unique facet of the American Govern- have this body be the people’s House. It minutes remaining. ment. It has been called the people’s is this body where every one of us who Mr. NEY. Mr. Chairman, I yield 1 House. In fact, in the Federalist Pa- serves walks through this door know- minute to the gentleman from Texas pers’ James Madison said that elec- ing that we have been elected, selected (Mr. PAUL). tions, as this legislation dictates, elec- by the voters of our respective dis- (Mr. PAUL asked and was given per- tions would be ‘‘unquestionably the tricts. That is unique and important in mission to revise and extend his re- only policy’’ by which the House can our system of government. But there is marks.) have ‘‘intimate sympathy with the peo- another fundamental and important as- Mr. PAUL. Mr. Chairman, as a co- ple.’’ pect to our system of government, and sponsor I am very pleased to support Madison also wrote that ‘‘the defini- that is the necessity of checks and bal- H.R. 2844, the Continuity in Represen- tion of the right of suffrage is very ances. tation Act. justly regarded as a fundamental arti- When we think back to 9/11 and that H.R. 2844 provides a practical and cle of republican government . . . to great tragedy that befell our country, constitutional way to ensure that the have it left open for the occasional reg- we are well aware that action was re- House of Representatives can continue ulation of the Congress would have quired by the Congress in the 45 days to operate in the event that more than been improper.’’ that followed that attack on the 100 Members are killed. H.R. 2844 thus Our Founders knew it. This legisla- United States. We needed to implement protects the people’s right to choose tion contemplates it. We must preserve the War Powers Act. Only Congress can their Representative at a time when the right and the obligation to be appropriate funds. And if we do not such a right may be most important, elected to serve in the House while we have a House of Representatives, we do while ensuring continuity of the legis- prepare necessarily for that dark day not have a Congress; and if we do not lative branch. that we hope and pray shall never have a Congress, whoever is the chief The version of H.R. 2844 before Con- come. executive, when a disaster of the mag- gress today was drafted with input

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.060 H22PT1 H2318 CONGRESSIONAL RECORD — HOUSE April 22, 2004 from the State election commissioners 45 days after the Speaker or acting Speaker House of Representatives through elections. to make sure it sets realistic goals and declares 100 members of the House have During the Civil War, the neighboring State of will not unduly burden State govern- been killed. Virginia, where today many Capitol Hill staffers ments. I have no doubt that the people of the states reside and many members stay while Con- Mr. Chairman, there are those who are quite competent to hold elections in a gress is in session, was actively involved in say the power of appointment is nec- timely fashion. After all, it is in each state’s in- hostilities against the United States Govern- essary in order to preserve checks and terest to ensure it has adequate elected rep- ment. Yet, Abraham Lincoln never suggested balances and prevent an abuse of exec- resentation in Washington. The version of that non-elected persons serve in the House. utive power during a time of crisis. Of H.R. 2844 before Congress today was drafted Adopting any of the proposals to deny the course, I agree that is a very important with input from state elections commissioners people the ability to choose their own rep- point to carefully guard against and to make sure it sets realistic goals and will not resentatives would let the terrorists know that protect our constitutional liberties, unduly burden state governments. they can succeed in altering our republican in- and that an overcentralization of I am disappointed that some of my col- stitutions. I hope all my colleagues who are power in the executive branch is one of leagues reject the sensible approach of H.R. considering rejecting H.R. 2844 in favor of a the most serious dangers to our lib- 2844 and instead support amending the Con- Constitutional amendment will question the erties. However, during a time of crisis, stitution to allow appointed members to serve wisdom of handing terrorists a preemptive vic- it is all the more important to have in this body. Allowing appointed members to tory over republican government. Representatives accountable to the serve in ‘‘the people’s house’’ will fundamen- As noted above, the Framers gave Con- people. tally alter the nature of this institution and gress all the tools it needs to address prob- Otherwise, the citizenry has no check sever the people’s most direct connection with lems of mass vacancies in the House without on the inevitable tendency of govern- their government. compromising this institution’s primary function ment to infringe on the people’s lib- Even with the direct election of Senators, as a representative body. In fact, as Hamilton erties at such a time. the fact that members of the House are elect- explains in Federalist 59, the ‘‘time, place, and Supporters of amending the constitu- ed every 2 years while Senators run for state- manner’’ clause was specifically designed to tion claim that the appointment power wide office every 6 years means that mem- address the kind of extraordinary cir- will be necessary in the event of an bers of the House of Representatives are still cumstances imagined by those who support emergency and that the appointed rep- more accountable to the people than members amending the Constitution. In conclusion, I resentatives will only be temporary. of any other part of the federal government. urge my colleagues to support H.R. 2844, the However, the laws passed by these Appointed members of Congress simply can- Continuity in Representation Act, which en- ‘‘temporary’’ representatives will be not be truly representative. James Madison sures an elected Congress can continue to permanent. and eloquently made this operate in the event of an emergency. This is The Framers gave Congress all the point in Federalist 52: ‘‘As it is essential to lib- what the Drafters of the Constitution intended. tools it needs to address problems of erty that the government in general should Furthermore, passage of H.R. 2844 sends a mass vacancies in the House without have a common interest with the people, so it strong message to terrorists that they cannot compromising this institution’s pri- is particularly essential that the branch of it alter our republican government. mary function as a representative under consideration should have an immediate Mr. LARSON of Connecticut. Mr. body. In fact, as Hamilton explains in dependence on, and an intimate sympathy Chairman, may I inquire, we have re- Federalist 59, the ‘‘time, place, and with, the people. Frequent elections are un- served our time, but who will close and manner’’ clause was specifically de- questionably the only policy by which this de- in what order? signed to address the kind of extraor- pendence and sympathy can be effectually se- The CHAIRMAN. The gentlewoman dinary circumstances imagined by cured.’’ from California (Ms. LOFGREN) will be those who support amending the Con- Mr. Chairman, there are those who say that first, then the gentleman from Wis- stitution. In conclusion, I urge my col- the power of appointment is necessary in consin (Mr. SENSENBRENNER), the gen- leagues to support H.R. 2844, the Con- order to preserve checks and balances and tleman from Connecticut (Mr. LARSON), tinuity in Representation Act, which thus prevent an abuse of executive power dur- and then the gentleman from Ohio (Mr. ensures an elected Congress can con- ing a time of crisis. Of course, I agree that it NEY). tinue to operate in the event of an is very important to carefully guard our con- Mr. LARSON of Connecticut. Mr. emergency. stitutional liberties in times of crisis, and that Chairman, I yield 5 minutes to the gen- Mr. Chairman, I am pleased to support H.R. an over-centralization of power in the execu- tleman from Washington (Mr. BAIRD), 2844, the Continuity in Representation Act, in- tive branch is one of the most serious dangers who as has been pointed out by several troduced by my distinguished colleague, to that liberty. However, Mr. Chairman, during others, has done extraordinary work on House Judiciary Committee Chairman JAMES a time of crisis it is all the more important to behalf of this institution and this body SENSENBRENNER. H.R. 2844 provides a prac- have representatives accountable to the peo- to bring this very important issue be- tical and Constitutional way to ensure that the ple. Otherwise, the citizenry has no check on fore us. House of Representatives can continue to op- the inevitable tendency of Government to in- 1330 erate in the event that more than 100 mem- fringe on the people’s liberties at such a time. b bers are killed, H.R. 2844 thus protects the I would remind my colleagues that the only Mr. BAIRD. Mr. Chairman, I thank people’s right to choose their representatives reason we are considering reexamining provi- the gentleman from Connecticut for at the time when such a right may be most im- sions of the PATRIOT Act is because of public the time, and I thank my friends on portant, while ensuring continuity of the legis- concerns that this act gives up excessive lib- the other side. lative branch. erty for a phantom security. Appointed officials Let us start with where we agree. Ev- Article I Section 2 of the United States Con- would not be as responsive to public con- eryone who has spoken has said that stitution grants state governors the authority to cerns. the ideal way to replace Members per- hold special elections to fill vacancies in the Supporters of amending the constitution manently is through elections. People House of Representatives. Article I, Section 4 claim that the appointment power will be nec- have suggested that this is somehow a of the Constitution gives Congress the author- essary in the event of an emergency and that covert way or a slippery slope to do ity to designate the time, place, and manner of the appointed representatives will only be tem- away with elections for Members of the such special elections if states should fail to porary. However, the laws passed by these House. It is not true. There will not be act expeditiously following a national emer- ‘‘temporary’’ representatives will be perma- a single voice in the record of this dis- gency. Alexander Hamilton, who played a nent. cussion that argues that it is true. We major role in the drafting and ratification of the Mr. Chairman, this country has faced the all agree on that. Let us ask if we United States Constitution, characterized au- possibility of threats to the continuity of this agree on some other things. thority over federal elections as shared be- body several times in our history. Yet no one Do we agree that article I functions tween the states and Congress, with neither suggested removing the people’s right to vote of the Congress should not be usurped being able to control the process entirely. H.R. for members of Congress. For example, the by the executive branch? I think we 2844 exercises Congress’s power to regulate British in the War of 1812 attacked the city of should because we have sworn an oath the time, place, and manner of elections by re- Washington, yet nobody suggested the States to that Constitution; but if we do not quiring the holding of special elections within could not address the lack of a quorum in the act to ensure that there is a legislative

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.064 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2319 branch, what alternative is left but for made provisions for what else to do in it; and I imagine that when this House the executive to usurp those respon- the interim; and in the time in which debates the Baird amendment, it will sibilities, and if they so choose, what there would be elections, they have be voted down. It will go far short of vehicle and what body is left to rein created a vehicle which is laden with the two-thirds necessary to propose a them in from that usurpation? problems. constitutional amendment because I submitted an amendment to this Mr. DREIER. Mr. Chairman, will the there are enough Members of this very bill which was not ruled in order gentleman yield? House that believe that the principle of that would have at least had the Con- Mr. BAIRD. I yield to the gentleman having an elected House of Representa- gress of the United States on record af- from California. tives is paramount. firming that the executive, in time of Mr. DREIER. Mr. Chairman, I thank I will get my colleague his vote and crisis, should not usurp our authority; my friend for yielding. his debate for him with the cooperation but it was ruled out of order. I find it I simply would like to ask my friend, of my friend from California, the chair- frankly astonishing that my friend, the as we have been discussing this issue of man of the Committee on Rules, who is gentleman from Texas (Mr. PAUL), who a constitutional amendment, the one the cosponsor of my bill; but what I is such an adamant defender of the question that I have is that it is my would like to know is those of my col- Constitution, is apparently willing to sense that in this House there is not a leagues who criticize the Sensen- abrogate all of our article I until we two-thirds vote that would, in fact, brenner-Dreier bill, what is their alter- can have special elections and an allow for the process of the constitu- native if the constitutional amendment unelected executive could run the en- tional amendment to begin. gets voted down? They have not stated tire country. Mr. BAIRD. Reclaiming my time, the what alternative they have, and that is Ask yourselves, would the Framers gentleman cannot filibuster me. why this bill is important. really have let two or three people con- We have waited 21⁄2 years since we On September 11, 2001, the fourth hi- stitute a House of Representatives watched 3,000 of our fellow citizens die, jacked plane was headed for this build- when they themselves adjourned? and this body has not acted. They now ing. If it had not been for the heroic ac- Would they really have believed that give us 2 hours. We have not given this tions of the passengers of United Flight two or three survivors or no survivors body time to debate. Ask my col- 93 who forced the plane down over should allow an executive to take this leagues, as I did yesterday, have they Pennsylvania, Congress’ ability to Nation into war? Ask your constitu- had sufficient time to study this mat- function may have been severely dis- ents. Go back home. Ask your con- ter of this magnitude before we vote on rupted. While the 17th amendment al- stituents: If your representatives in it. They will tell you, no, sir, I have lows Governors immediately to appoint Congress are all killed, and a Cabinet not. They will vote party line, as we replacement Senators, currently there member who you never chose and do far too often do here; but they will not are no mechanisms to quickly replace House Members. However, we can act not know who they are, have no infor- vote conscience because their con- today to enact such a mechanism mation about their background, science has not grappled with this. I through the legislative process, just as emerges one day and says I am now the will not yield because this matters, and the founders intended. The Continuity President of the United States of we have not been given sufficient time. of Representation Act of 2004 will, un- America, should they have 45 days Give us time for real debate, not in a like other proposals, preserve the peo- carte blanche to take this country into committee chaired by someone who is ple’s constitutional right to elect di- war, take away your civil rights and antithetically opposed to it. Give us time in this great body because it is rectly their representatives. you will have no one here to express The bill provides for the expedited our entire future that is at stake, not your concerns? special election of new Members to fill This notion that we are going to the future of the Committee on the Ju- seats left vacant in extraordinary cir- diciary or the Committee on House Ad- somehow appoint people who are to- cumstances, which the bill defines as ministration. It is the future of this tally unresponsive to the American occurring when the Speaker announces body. Give us time; give the people people boggles my mind. We have been that there are more than 100 vacancies time for real debate. entrusted with our constituents, with in the representation from the States. How can my colleagues say that impeachment of Presidents, with tak- Within 10 days after such an announce- elected representatives are sacrosanct ing our country into war, with levying ment, the political parties of the and then not give those elected rep- taxes and all the other article I duties; States with House vacancies, as pro- and yet somehow we are not capable of resentatives time to debate a matter vided by State law, may nominate can- choosing people, former statesmen, that concerns the very existence of this didates to run in a special election to former stateswomen who would serve body? That, if for no other reason, is be held within 45 days. this Nation well in time of crisis. reason enough to vote ‘‘no’’ on this leg- While some may argue for the adop- Somehow that escapes our capacity. To islation. tion of a constitutional amendment al- create straw men as convenient vehi- Mr. SENSENBRENNER. Mr. Chair- lowing the appointment of replacement cles for rhetorical argument, that man, I yield myself such time as I may House Members if a terrorist attack would leave our country without a consume. leaves large numbers of vacancies, such functioning Congress, is not a service ‘‘The right of suffrage is certainly an amendment would destroy the unin- to the people who wrote this Constitu- one of the’’ most ‘‘fundamental articles terrupted tradition that only Members tion. of republican government, and ought duly and directly elected by their local There are two portraits of this gen- not to be regulated by the legislature. constituents should serve in the House, tleman in this hall that I revere. First A gradual abridgment of this right has while ignoring the current mechanism of all, Washington’s presence right here been the mode in which aristocracies for preserving continuity in govern- because he looks over us and reminds have been built on the ruins of popular ment, the founders, in their wisdom, us to take our job seriously; but in the forms.’’ That was said by James Madi- included in the Constitution and which rotunda of this building there is a por- son on August 7, 1787, to the Constitu- is the basis for this bill. trait in which Washington is giving tional Convention; and the very pro- Madison used the strongest terms back his commission as Commander in posal that is offered by opponents of when stating the House must be com- Chief of the Army to a republican form this bill, a constitutional amendment posed of only those elected by the peo- of representative government. He is to allow Congress to require that va- ple. Madison wrote in the Federalist not saying, I won the war, now I as cant House seats be filled by appoint- Papers that direct elections are ‘‘un- chief executive want to run the coun- ment, even temporarily, was explicitly questionably the only policy’’ by which try. He is saying there must be a Con- rejected by the founders as antithetical the House can have ‘‘an intimate sym- gress that runs this country; represent- to republican government. pathy with the people.’’ atives of the people must run this My committee had a hearing in 2002 The House, uniquely among all country. on the amendment offered by the gen- branches and bodies of the entire Fed- We agree that you must have special tleman from Washington (Mr. BAIRD). eral Government, is rooted in demo- elections, but my friends have not There was not very much support for cratic principles, and those principles

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.066 H22PT1 H2320 CONGRESSIONAL RECORD — HOUSE April 22, 2004 must be preserved at all costs. Current 12 days after the vacancy has occurred, House Members and an appointed Federal law allows the Presidency and and no one has complained that those President. That would surely be a cata- the Senate to consist entirely of the elections were unfair or unrepresenta- strophic event that would yield that unelected. Without an elected House, tive. situation where no one who was elected the entire Federal Government would One does not have to look far for ex- was left living to run the American be run without a single branch reflect- amples of the resiliency of the voting Government. In that case I would ing the popular will. Think about it. If process and our State and local elec- argue it would be better to have ap- we have an appointed House and an ap- tion officials’ dedication to the cause pointed people rather than a single ap- pointed Senate and an appointed Presi- of democracy. Take, for example, last pointed person to run the government, dent, our democracy will end up being year’s gubernatorial recall election in because the issue really is between dic- run by appointed people. That is not California that involved 135 candidates tatorship and a tripartite form of gov- what James Madison and the others and an election that was certified 54 ernment between the judiciary, the ex- who were in that convention envi- days after the certificate was issued. ecutive, and the legislative branches. sioned ever happening. Voters were also asked to consider two The chairman asks what is our alter- Congress has the clear constitutional constitutional amendment propo- native to his bill for expedited elec- authority to enact H.R. 2844 under arti- sitions. The election proceeded tions? And I would ask what is the al- cle I, section 4, of the Constitution, smoothly amidst unprecedentedly high ternative for the 45 days that leaves a which states that ‘‘the Congress may voter turnout and 10,000 fewer polling vacancy, a void that the adoption of at any time by law make or alter’’ places in the State of California than this bill would provide? I worry that we State election laws. Consistent with normal. have not begun the work on this con- the right to chosen representation, the While some imagine horrific sce- stitutional amendment. founders explicitly considered Con- narios regarding catastrophic attacks I introduced a constitutional amend- gress’ power to require expedited spe- on the Capitol, more inspiring sce- ment in December of 2001 contem- cial elections the solution to potential narios can be imagined that resonate plating a worst case. It may be that discontinuity in government in ex- more closely with the American spirit. that amendment needs additional traordinary situations. As Alexander Should such a terrible situation occur, work. Frankly, I think it does. But Hamilton wrote in the Federalist Pa- millions of people around the country that work needs to be in a bipartisan pers, the Constitution gives the Con- might fill schools and gymnasiums, effort in the Committee on the Judici- gress ‘‘a right to interpose’’ its special churches and meeting halls and freely ary and later here on the floor. I would election rules on the States ‘‘whenever exercise, in the wake of a vigorous at- urge we begin that as soon as possible. extraordinary circumstances might tack by haters of freedom and democ- Mr. Chairman, I reserve the balance render that interposition necessary to racy, their right to directly chosen rep- of my time. its safety.’’ The Supreme Court has resentation, a right that has served un- Mr. NEY. Mr. Chairman, I reserve the unanimously approved such clear-cut interrupted in the history of our coun- balance of my time. constitutional authority. try. Mr. LARSON of Connecticut. Mr. While some take a pessimistic view b 1345 Chairman, I yield 3 minutes to the gen- of the resiliency of the electoral proc- Indeed, while some argue that adopt- tleman from Rhode Island (Mr. ess following an attack on the Nation’s ing an amendment to the Constitution LANGEVIN), who has also been in the Capitol, I have a different view. authorizing appointed Members is nec- forefront of this issue, and I thank him In during the Second World essary in the light of a potential ter- for his comments. War, many members of the House of rorist attack, the very adoption of such Mr. LANGEVIN. Mr. Chairman, I Commons were killed in battle. Our an amendment itself would accomplish thank the gentleman for yielding me friends across never de- what no terrorist could ever do, name- this time and for his fine work on this volved to appointed rule, and special ly striking a fatal blow to what other- important legislation. elections were held within 42 days after wise has been called the people’s Mr. Chairman, I rise in opposition to the date of death to fill the vast major- House. H.R. 2844, on the other hand, is this legislation and am disappointed ity of seats left vacant, even when the founded on clear, existing constitu- that we are not able to discuss the Nazis were bombing England during tional authority that preserves the matter of continuity in the thoughtful, the Blitz. I have no doubt that here vital, time-tested constitutional value thorough, and nonpartisan manner it today in the United States the bound- of directly elected representation that deserves. Many of my colleagues, in- less spirit of the American people will has made this country the most suc- cluding the gentleman from Wash- ensure that democracy prevails in the cessful experiment in representative ington (Mr. BAIRD), the gentleman most pressing conditions. Just as the government the world has ever known. from California (Mr. COX), the gen- recovery of the Pentagon and the The issue here in this debate has tleman from Texas (Mr. FROST), the World Trade Center sites were accom- been if there is a catastrophe whether gentleman from Ohio (Mr. NEY), and plished far quicker than imagined, I this House should stay elected or the gentleman from Connecticut (Mr. have the greatest confidence in the whether we should amend the Constitu- LARSON), have tried to encourage dia- people of this great country that State tion to allow successors to be ap- logue on this matter, but this bill does and local election authorities would pointed in some manner or another. It not address many of the concerns expeditiously work to restore the peo- is vitally important that in a time of raised by Members of this House and ple’s House in time of emergency. crisis, whomever enters the doors to outside experts during the last 21⁄2 R. Doug Lewis, executive director of the Chambers where the House of Rep- years. the Elections Center, a nonpartisan or- resentatives meet enters the door with Under H.R. 2844, if the House experi- ganization representing the Nation’s a mandate from the people, because if enced the deaths of more than 100 election officials, has testified that an appointed representative enters this Members, the Speaker could direct elections administrators from com- door, the mandate would come from States to conduct special elections bined responses nationwide feel that whomever appointed them. within 45 days. Well, as a former sec- they can conduct an election in as few Pass the bill. Do the right thing. retary of state, I know how to run elec- as 45 days. While others assert that it Ms. LOFGREN. Mr. Chairman, I yield tions, and the 45-day time frame in this would be too burdensome for special myself such time as I may consume. bill would severely limit election offi- elections to be required within 45 days I think there is broad agreement in cials’ ability to prepare ballots, train of a catastrophic attack, 10 States, as this House, more than one might know poll workers, select polling locations, the Congressional Budget Office has from listening to the debate, that we and inform the voting public about the pointed out, already require special all value an elected House of Rep- process. The short time frame would elections within 45 days in normal, resentatives, but we are talking about also disenfranchise our military and nonemergency situations. Vacancies in a worst-case scenario here. citizens living abroad, as well as cer- the Virginia General Assembly during The chairman mentioned what if we tain elderly and disabled citizens who the session have been filled in as few as had appointed Senators and appointed would not be able to apply for, receive,

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.067 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2321 and return their absentee ballots by thing else: We will make the legislative Mr. LARSON of Connecticut. Mr. mail. All of these things and many branch safer from attack. If terrorists Chairman, I reserve the balance of my more would clearly undermine the cannot destroy the American democ- time. process and the outcome of such a spe- racy by killing the Members of the Mr. NEY. Mr. Chairman, I yield 1 cial election. House, it is a lot more less attractive minute to the gentleman from Texas Now, while 45 days is not enough to kill the Members of the House. (Mr. SMITH). time to conduct special elections, it is I would like to say something else. Mr. SMITH of Texas. Mr. Chairman, I certainly too long for Congress to re- We have talked about the dictatorship appreciate the chairman’s yielding me main inactive. In the 6 weeks after the that would be necessary if Congress this time. attacks of September 11, Congress could not function. There is another I support the Continuity In Represen- passed legislation authorizing the use aspect, which is the element of the con- tation Act of 2004. This legislation pre- of military force, an airline assistance fidence of the people in the legislative serves the right of the people of the measure, an economic stimulus bill, branch. For example, and I mentioned United States to elect their own rep- the Defense Authorization Act, numer- this at the Committee on Rules hear- resentatives, even after a deadly at- ous appropriation bills, the farm bill, ing last night, how would the American tack. One of the cornerstones of our and legislation pertaining to bioter- people feel if the terrorists went out to Constitution is the right of the people rorism, victims assistance, and going the Republican Conference retreat and to govern themselves through elected after terrorism financing. H.R. 2844 they killed all the Republican Mem- representation. This right should be would leave important decisions to a bers, and only the House Democrats upheld and, in fact, continued. greatly diminished and possibly an un- were left? Would that feel comfortable H.R. 2844 provides for the expedited representative House. In the case of for the country as a whole, for a coun- special election of new Members of widespread incapacitation, the House try that is almost evenly divided in Congress if more than 100 seats are va- would be unable to achieve a quorum terms of party representation? I think cant. This is designed to address a situ- and become inoperative during a time not. ation in which our country is attacked of crisis. What if all the Members on the east and significant numbers of Members of I am disappointed that H.R. 2844 does coast were killed, and only the west Congress are killed. not address these important issues and coast Members survived to run the Mr. Chairman, in the wake of such an ignores a priority of mine, deciding country? Would that really lead to con- attack on our country, Americans need how Congress could communicate and fidence on the part of the American to be assured that their government is function if terrorist acts prevented it people? legitimate, and citizens need to feel from meeting in one location. These We need to make sure that this that actions undertaken by Congress at matters warrant greater discussion branch of government survives on a a time of disaster or war are also le- than the limited bill before us, and the temporary basis while these acceler- gitimate. By allowing for the election gentleman from Washington (Mr. ated elections can be held. I personally of Representatives rather than for BAIRD) has introduced a discharge peti- think that the 45 days may be a bit too their appointment, Americans can be tion for a full and fair debate on con- aggressive. I know my own State of reassured that our government is con- tinuity, which I have signed. California has suggested a slightly tinuing to function in a truly rep- Mr. Chairman, I urge my colleagues longer time frame to actually hold an resentative fashion. to vote against H.R. 2844 and to sign election that will work. And I know Mr. Chairman, I thank the gentleman the Baird . that there will be an amendment of- from Wisconsin (Mr. SENSENBRENNER) Mr. NEY. Mr. Chairman, I reserve the fered to extend the amount of time by for moving legislation that guarantees balance of my time. a small amount that hopefully might our government would survive. It has Ms. LOFGREN. Mr. Chairman, I yield gain some favor from Members on both been over 2 years since September 11. myself such time as I may consume. sides of the aisle. But I do think what- This issue must be addressed today in a There has been a lot of serious dis- ever we do with the accelerated elec- democratic fashion. cussion here on the floor today, and I tion bill before us today, we will have Mr. LARSON of Connecticut. Mr. think some wonderful things have been let down our country if we do not ad- Chairman, I yield for the purpose of a said, but a few things that have come dress the constitutional issues required unanimous consent request to the gen- to my mind in listening to them. Cer- to really save the American democracy tleman from Michigan (Mr. CONYERS). tainly Madison’s wonderful discussion from the worst case that the terrorists about the elected nature of this body is might throw out. (Mr. CONYERS asked and was given important to all of us, but also we Mr. Chairman, I yield back the bal- permission to revise and extend his re- must recall those words were said at a ance of my time. marks.) time when the United States Senate Mr. NEY. Mr. Chairman, I yield 30 Mr. CONYERS. Mr. Chairman, Congres- was totally appointed. seconds to the gentleman from Ohio sional succession is one of the most timely— Now, of course, the Senate is elected, (Mr. CHABOT). yet challenging—issues facing this body. In but not a one of us would argue, I Mr. CHABOT. Mr. Chairman, I thank order to successfully resolve this issue, we think, that Senator MURKOWSKI is not the gentleman for yielding me this must craft a solution that will ensure that the a real Senator. She is. And just as time. legislative branch of government remains fully would the temporary House Members Following the horrific attacks on functional; while also guaranteeing that the will be, if the worst-case disaster came and September 11, it became evident that of the people is constantly reflected. Along the all the House Members were killed, if Congress had to act in case there was a way, of course, we must also guarantee that we had temporaries until an acceler- catastrophic event that literally jeop- all of the civil rights laws—currently on the ated election system allowed for re- ardized the ongoing government. We books—remain unaffected. placement by elected people. handled this in many different ways. I initially agreed to serve as an original co- I worried on September 11 that if the There was a working group. We held a sponsor of the legislation before us because I terrorists really understood our system hearing in my subcommittee, the Sub- generally believe that we should avoid amend- of government, they would know that committee on the Constitution, should ing the Constitution, when a statutory re- the easiest way to turn the American we go the constitutional amendment sponse is available. Such an approach is democracy into a dictatorship would be route or statute. I became convinced quicker, more likely to be passed into law, and to kill the Members of the House, be- the statute was the best way to go to avoids amending our most sacred national cause that is our weak link in terms of ensure directly elected representatives charter. While recognizing that this bill is far our American democracy. I think if we in this body. from perfect, I considered it to be a good first can provide for the continuity of the I would urge my colleagues to con- step—something we could build upon in a bi- legislative branch of government, we tinue to make this the people’s House, partisan way. will do a wonderful thing for our coun- where we are all elected by the people, Unfortunately, several serious concerns re- try, because we will preserve the Amer- and nobody is appointed by Governors main unaddressed. For example, it has been ican democracy, and we will do some- or anybody else. suggested that the 45 day time-frame may be

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\CR\FM\K22AP7.070 H22PT1 H2322 CONGRESSIONAL RECORD — HOUSE April 22, 2004 insufficient to conduct expedited elections, and rules, a point of order might well be ‘‘no’’ on rollcall Vote No. 129, a vote on lead to the disenfranchisement of many of our sustained that a quorum consists of a amendment No. 2 offered by Mr. LARSON of men and women in the armed services. It also majority of all Members chosen. In any Connecticut to H.R. 2844; and I would have has been brought to my attention that the bill event, it would be important at such voted ‘‘yea’’ on rollcall Vote No. 130, a vote on contains several unfunded mandates and is time that the representative character passage for H.R. 2844, the Continuity in Rep- completely silent on the issue of Member dis- of the House be preserved. And that the resentation Act of 2004. ability or incapacity. delegations of the people of all States Ms. JACKSON-LEE of Texas. Mr. Chair- However, the aspect of the bill that I am be substantially intact for the urgent man, the committee on the Judiciary took this most deeply troubled by relates to its possible legislative action which could be bill up in a markup in January of this year, and impact on our civil rights laws—laws that I taken.’’ I expressed my reservations with its provisions as drafted on the Committee record. This bill have fought long and hard to protect through- b 1400 out the tenure of my career. Namely, the im- has major flaws that require the attention of The representative character of the pact that the legislation would have on the Members of both sides of the aisle. Since one House is equally as constitutionally Voting Rights Act of 1965, the Voting Accessi- of the pillars of our government is the principle compelling as is being duly elected bility for the Elderly and Handicapped Act, the of due process as set forth in the 5th and 14th here, because as so often quoted today, Uniformed and Overseas Citizens Absentee Amendments to the U.S. Constitution, it is crit- the Connecticut Compromise focused Voting Act, the National Voter Registration Act ical that a piece of legislation such as this that on the representation of States, and if of 1993, the American with Disabilities Act of deals with the mechanics of electing leaders in a disaster did occur, I cannot imagine a 1990, and the Rehabilitation Act of 1973—just emergency situations be crafted with full re- body or this democracy would be able spect for those principles. The 45-day dead- to name a few. to proceed in a legitimate fashion with The expedited timeframe that some seek to line for State special elections set forth in this the potential of States, many States, establish in this bill could substantially under- bill, as drafted, will not alleviate the fact that not even being represented. States won’t have sufficient time to hold pri- mine the pre-clearance requirements outlined Kefauver went on to say the Presi- in Section 5 of the Voting Rights Act. Need- mary elections. Furthermore, such a short dent should have the degree of support amount of preparation time could arguably less to say, this is an extreme provision of the and national unity which only a fully Act. It remains a bedrock principle of the law. favor candidates who are wealthy or well- constituted Congress can give him. backed because only these candidates would The current bill before us could also lead to Think back to those images I talked the disenfranchisement of countless handi- have the resources and ability to prepare such about earlier and how important it was a quick election campaign. capped and elderly voters—if due to the expe- as a symbol for this country. I think dited timeframe—election authorities are Therefore, I have proposed amendments that cuts to the heart of how strongly that are geared toward the maintenance of our forced to use polling places that are not people feel about this issue. wheelchair accessible. Or, if individuals with due process guarantees with respect to the Mr. Chamberlain of Michigan shared emergency special election process that would disabilities failed to receive the required 30 a similar concern. His concern was that day notice with respect to polling place infor- be triggered under this Act. this body, its representative nature, The first potion of this amendment, mation—as required under the ADA. without being legitimate, could force To address these obvious deficiencies, JACKSO.173, reads as follows: us into a situation that would not be In section 26(b)(4)(C)(i) of the Revised Stat- Ranking Member LARSON of the House Admin- reflective of this great institution and utes of the United States, as proposed to be istration committee submitted an amendment this great body. added by the bill, strike ‘‘2 days’’ and insert to the Rules committee that would have made Mr. NEY. Mr. Chairman, I yield my- ‘‘7 days.’’ clear that nothing within this bill would be con- self such time as I may consume. This change would amend the section of the strued to affect the application of the numer- I thank the gentleman from Cali- bill that deals with the time in which a per- ous civil rights and voting laws I just men- fornia (Mr. COX) and the gentleman son(s) may file a lawsuit arising out of the tioned. It is worth pointing out that similar lan- from Texas (Mr. FROST) for the com- Speaker of the House’s announcement of va- guage was included in the Help America Vote mission they headed up. But most of cancies in the House of Representatives in ex- Act, recently passed by this body. Unfortu- all, I want to thank the Speaker of the cess of 100. This change would amend para- nately, it was the wisdom of some to object to House, the gentleman from Illinois graph (4), subparagraph (B)(i) and expand the making that amendment in order. (Mr. HASTERT), who cares about the in- ability of an aggrieved party to file suit for ei- It was my sincere hope that we could have stitution and helped with this piece of ther declaratory or injunctive relief from just worked together today on a bipartisan basis to legislation. two (2) days to seven (7) days. reach agreement on these difficult issues. This This legislation falls in line with Because not every State has a Capital Belt- should not have been an issue that neces- what we have always done in the entire way or even a superhighway system, and be- sitated a partisan debate. history of our country, which is to cause information travels at a different rate in Mr. LARSON of Connecticut. Mr. elect Members. It is a good bill. Also, every location, it is important that we establish Chairman, I yield myself the balance of let us have some faith in the American a fair standard for a filing rule that affects my time. people. If a crisis happens, which we every State in the country. The principle of Let me say, Mr. Chairman, how much hope it does not, the American people procedural due process dictates that every cit- I have appreciated the debate this are resilient. The American people will izen be given a realistic opportunity to obtain afternoon on this important issue. I continue with their democracy and will legal relief through our Judicial Branch. want to go back, because of the focus exercise the purest form of democracy, The second portion of this proposal speaks of this debate, to comments made by which is to vote. I support the bill. even more to the issue of due process for all Estes Kefauver. This is not an issue Mr. COLLINS. Mr. Chairman, today, this citizens. Its test reads as follows: that is new to this Chamber. It has House passed important legislation that will In section 26(b)(4)(C)(iii) of the Revised been raised in the past, and I think help ensure elected representation in the Statutes of the United States, as proposed to Kefauver cuts to the core of this issue. House of Representatives in the event that be added by the bill, insert after ‘‘the ac- He said, ‘‘I do not say that it would there is a tragic and catastrophic loss of life tion’’ the following: ‘‘(taking into account be necessarily impossible for the House amongst the membership of this body. It is im- an opportunity for an expedited of the of Representatives to function with but portant that, should such a tragedy occur, that initial decision).’’ a fraction of its Members. I am in- the people’s House remain a body of elected Because the 45-day deadline for special formed that present parliamentary officials, and H.R. 2844 would protect this State elections already places significant con- precedents indicate that the House can character of the House of Representatives. straints on the electoral process and on the operate with a quorum of its living H.R. 2844 would ensure that, in the event of citizens represented due to its brevity, taking Members. But any disaster which a national tragedy and an extraordinary loss of away the right to an appeal from the U.S. Dis- killed one-half or one-third of the Rep- life in this House, our government would con- trict Court would excessively curtail the proce- resentatives might well disable or iso- tinue to operate in a timely and effective man- dural due process rights enjoyed by citizens. late so many others that a quorum of ner that upholds the rights and ideals afforded Given that the time in which a Federal judge survivors could not be mustered. to every American in our Constitution. has to compose an order disposing of these ‘‘Also, if this occurred before a new Had I not had a previous commitment in my matters is provided in this bill, an equally ex- Congress had organized and adopted its home State of Georgia, I would have voted peditious appeals process should be provided

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\A22AP7.025 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2323 so as to maintain consistency with the U.S. ask any State official with responsibility in this State in which a vacancy exists in its rep- Constitution and the commitment to both the area. So, we need to proceed carefully and resentation in the House of Representatives 5th and 14th Amendments. thoughtfully when we legislate on this sub- shall issue a writ of election to fill such va- cancy by special election. Thirdly, the amendment reads as follows: ject—more carefully and with more opportunity ‘‘(2) TIMING OF SPECIAL ELECTION.—A spe- In section 26(b)(4)(C)(iv) of the Revised for considering revisions than was permitted cial election held under this subsection to Statutes of the United States, as proposed to under the procedures established by the Re- fill a vacancy shall take place not later than be added by the bill, insert after ‘‘vacant’’ publican leadership for today’s debate. 45 days after the Speaker of the House of the following: ‘‘any citizen of the district As that debate made clear, some of our col- Representatives announces that the vacancy and any political party of the State.’’ leagues—including some for whom I have the exists, unless a regularly scheduled general This proposal is very important to protect highest respect—think it would be better to go election for the office involved is to be held the interests of all citizens in the various con- further than this bill, or any simple statutory at any time during the 75-day period which gressional districts in the midst of party poli- change, can go. They would prefer to address begins on the date of the announcement of the vacancy. tics. As the bill is drafted, Section 2, para- the problem through a constitutional amend- graph (4), subparagraph (iv) would confer the ‘‘(3) NOMINATIONS BY PARTIES.—If a special ment. election is to be held under this subsection, right to sue in the event of a vacancy an- While I am very reluctant to consider chang- not later than 10 days after the Speaker an- nouncement by the Speaker of the House ing the Constitution, I do think that on this nounces that the vacancy exists, the polit- solely to the ‘‘executive authority,’’ in Hous- subject, the possibility of a constitutional ical parties of the State that are authorized ton’s case, the Governor. Such very limited amendment should not be ruled out. However, to nominate candidates by State law may language almost certainly threatens to deprive in the meantime I think we need to do what each nominate one candidate to run in the the citizens of a right that they should enjoy in can be done short of such a fundamental election. ‘‘(4) EXTRAORDINARY CIRCUMSTANCES.— the event that the Governor chooses not to change. That is what this bill does, and that is participate in a suit for declaratory or injunctive ‘‘(A) IN GENERAL.—In this subsection, ‘ex- why I will vote for it. traordinary circumstances’ occur when the relief pursuant to a vacancy announcement Mr. DINGELL. Mr. Chairman, I rise in oppo- Speaker of the House of Representatives an- made by the Speaker of the House. In order sition to the legislation before us today. The nounces that vacancies in the representation to protect the rights of every person who truly loss of a large number of Members of the from the States in the House exceed 100. has an interest in a call for a special election House of Representatives is an important in- ‘‘(B) JUDICIAL REVIEW.—If any action is under this Act, this provision must be amend- stitutional issue to which we should devote a brought for declaratory or injunctive relief ed to allow citizens and political party rep- substantial amount of consideration. This to challenge an announcement made under resentatives to sue for relief. issue deserves an open rule to allow every subparagraph (A), the following rules shall As legislators charged with the duty to up- apply: Member time to express his or her opinion ‘‘(i) Not later than 2 days after the an- hold the U.S. Constitution, the principles of de- and offer their ideas. It is outrageous that we nouncement, the action shall be filed in the mocracy call for an expansion of the rights of are only being offered one choice to decide United States District Court having jurisdic- citizens rather than a diminution. H.R. 2844, how the entire House of Representatives will tion in the district of the Member of the as drafted, totally leaves the citizens and con- be governed in a time of national crisis. House of Representatives whose seat has stituents out of the democratic process. Our Should tragedy strike the House, this legisla- been announced to be vacant and shall be colleagues on the other side of the aisle have tion could give unprecedented power to the heard by a 3-judge court convened pursuant fervently argued that this bill gives the people executive branch or a few Members of Con- to section 2284 of title 28, United States their constitutional right to participate in the Code. gress who were elected by just a small sliver ‘‘(ii) A copy of the complaint shall be de- electoral process. However, the truth of the of the country. We have not had adequate livered promptly to the Clerk of the House of matter is that our colleagues’ arguments are time to review this legislation, nor have we Representatives. misguided and serve to avert the ‘‘meat and been allowed to bring sufficient amendments ‘‘(iii) A final decision in the action shall be potatoes’’ of the bill. Key to the operant provi- to the floor for debate. Once again, we are made within 3 days of the filing of such ac- sions of H.R. 2844 is the ability to file suit with considering legislation without ample debate tion and shall not be reviewable. respect to the announcement of a vacancy or time and without alternatives. I oppose this bill ‘‘(iv) The executive authority of the State vacancies in the House to the extent that no and encourage my colleagues to do the same. that contains the district of the Member of quorum exists in addition to the provision of the House of Representatives whose seat has The CHAIRMAN. All time for general been announced to be vacant shall have the time in which to file such an action. As draft- debate has expired. right to intervene either in support of or op- ed, the bill not only provides an unrealistic pe- Pursuant to the order of the House of position to the position of a party to the riod in which to file an action and it gives today, the amendment in the nature of case regarding the announcement of such va- standing to do so exclusively to the Governor a substitute recommended by the Com- cancy. of a State. This is not democratic. This is not mittee on the Judiciary printed in the ‘‘(5) DEADLINE FOR TRANSMITTAL OF ABSEN- truly representative. Because this legislation bill shall be considered as an original TEE BALLOTS FOR ABSENT MILITARY AND OVER- fails to do what it purports to do, I cannot sup- bill for the purpose of amendment and, SEAS VOTERS.—In conducting a special elec- port it. pursuant to the rule, shall be consid- tion held under this subsection to fill a va- cancy in its representation, the State shall I urge my colleagues to join me in opposing ered read. ensure to the greatest extent practicable (in- H.R. 2844. The text of the committee amend- cluding through the use of electronic means) Mr. UDALL of Colorado. Mr. Chairman, I ment in the nature of a substitute is as that absentee ballots for the election are have concerns and reservations about this follows: transmitted to absent uniformed services bill—but I will vote for it. H.R. 2844 voters and overseas voters (as such terms are I will vote for it because I think we need to Be it enacted by the Senate and House of Rep- defined in the Uniformed and Overseas Citi- recognize and respond to the risk that a ter- resentatives of the United States of America in zens Absentee Voting Act) not later than 15 rorist attack or some similar event might kill or Congress assembled, days after the Speaker of the House of Rep- resentatives announces that the vacancy ex- disable enough of our colleagues that it would SECTION 1. SHORT TITLE. ists.’’. be impossible for the House of Representa- This Act may be cited as the ‘‘Continuity tives to play its vital role in our constitutional in Representation Act of 2004’’. The CHAIRMAN. No amendment to government. And this bill does take a first step SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE the committee amendment in the na- HELD TO FILL VACANCIES IN HOUSE ture of a substitute is in order except in addressing this problem. IN EXTRAORDINARY CIR- However, I think it would have been better CUMSTANCES. the amendments printed in part B of for the House to have had more time to fully Section 26 of the Revised Statutes of the the report and the amendment des- debate the measure, and that it should have United States (2 U.S.C. 8) is amended— ignated in the previous order of the been taken up under a less-restrictive proce- (1) by striking ‘‘The time’’ and inserting House. Each amendment may be of- dure that would have allowed consideration of ‘‘(a) IN GENERAL.—Except as provided in sub- fered only by a Member designated in more amendments. section (b), the time’’; and the report, shall be considered read, Elections are central to our political system. (2) by adding at the end the following new shall be debatable for the time speci- subsection: They are essential to assure that our govern- ‘‘(b) SPECIAL RULES IN EXTRAORDINARY CIR- fied in the report, equally divided and ment is based on the will and the preferences CUMSTANCES.— controlled by the proponent and oppo- of the American people. But the conduct of ‘‘(1) IN GENERAL.—In extraordinary cir- nent of the amendment, shall not be elections can be as difficult as it is important— cumstances, the executive authority of any subject to amendment and shall not be

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.044 H22PT1 H2324 CONGRESSIONAL RECORD — HOUSE April 22, 2004 subject to a demand for division of the in this amendment which prevents any reason for that. The reason is this is question. State from holding expedited special the people’s House. We have to be It is now in order to consider amend- elections in a shorter time should they elected in order to reflect the will of ment No. 1 printed in part B of House wish to do so and should they be capa- the people at the moment. Report 108–466. ble of doing so. H.R. 2844, as intro- The other body is set up in our Con- AMENDMENT NO. 1 OFFERED BY MR. LARSON OF duced, contained a 21-day deadline for stitution to slow us down, but we are CONNECTICUT the conduct of special elections, which set up to reflect the will of the people Mr. LARSON of Connecticut. Mr. could not possibly have worked, but at the moment. We cannot do that if Chairman, I offer an amendment. which demonstrated, in my view, the we put all of the power, particularly The CHAIRMAN. The Clerk will des- urgency to ‘‘stand up’’ a democracy after a catastrophe, in the hands of one ignate the amendment. that has been debated previously on or two people to make the appoint- The text of the amendment is as fol- the bill. ments. The appointees, the people who lows: The amended version approved by the would come here to serve, would have Amendment No. 1 offered by Mr. LARSON of Committee on House Administration at no allegiance to the American people. Connecticut: the behest of the gentleman from Wis- They would not care about what the In section 26(b)(2) of the Revised Statutes consin (Mr. SENSENBRENNER) specified American people did because they were of the United States, as proposed to be added 45 days. This number is, I believe, too not elected by the American people. by the bill, strike ‘‘45 days’’ and insert ‘‘75 low, although a number of State laws They were appointed by some big days’’. provide for special elections within power broker back in their State or in The CHAIRMAN. Pursuant to House such a time frame. But most States, in- their district, or even in their local Resolution 602, the gentleman from cluding my own State of Connecticut, counties. That is not the way to con- Connecticut (Mr. LARSON) and the gen- as well as the State of Wisconsin, do tinue this democracy. tleman from Ohio (Mr. NEY) each will not. We cannot have a democracy if we control 10 minutes. Conducting elections is difficult. It is have a body sitting here in judgment of The Chair recognizes the gentleman time-consuming work, and it must be what is good for this country by ap- from Connecticut (Mr. LARSON). done correctly or the rights of the peo- pointed people. I heard a Member from Mr. LARSON of Connecticut. Mr. ple will be violated, and the legitimacy the other side of the aisle earlier say, Chairman, I yield myself such time as of election winners will be questioned. well, we changed the Constitution in I may consume. This amendment would alleviate a 1913, and we now elect Senators. I am Mr. Chairman, the two amendments I number of serious problems in the bill, willing to have a debate that electing have been restricted to offering today better maintain the stability of our po- Senators by popular vote has had a during this truncated debate will at- litical process, and enhance the role of very real negative impact on this coun- tempt to restore to the bill some of the States in making decisions about the try. elements which the American people process they value most in conducting I am prepared to say why in the associate with true democracy and le- truncated special elections. world would anybody want to take gitimate elections, elections which Mr. Chairman, I reserve the balance away the will of the people to have allow the public to make a reasoned of my time. their own House, the United States choice from among candidates who Mr. NEY. Mr. Chairman, I yield 1 House of Representatives, by election have had a fair chance to present them- minute to the gentleman from Texas and not by some power-broker-type ap- selves and to conduct campaigns, and (Mr. DELAY), our distinguished major- pointment. elections which allow the American ity leader. I am opposed to those who have sug- people to feel secure that their officials Mr. DELAY. Mr. Chairman, I thank gested that we ought to appoint our are representative of the diversity of the gentleman and both chairmen for successors. That is the worst thing we their views. bringing this important piece of legis- could do is for us to announce, once we That is, after all, the essence of our lation to the floor. I rise in opposition get elected, who is going to succeed us. democracy. That is what this arbi- to the amendment. It seems 75 days That would create all kinds of havoc. trarily crafted legislation would strip may be necessary to run a special elec- Who is the leader in the congressional away from all of us at a time when the tion, but our experience in Texas is we district, the elected Member of Con- stability of our political system will be can run a special election in less than gress or the heir-apparent appointed by under more stress than at any point 30 days. Ours is 36 days. I guarantee that Member of Congress? since the Civil War. Members, when people get fired up to It is important in order for the con- One basic element of elections is the do an election, they can do it quite tinuity of this government and the time required by our political system quickly, particularly with everybody continuity of freedom in this country to conduct them. Supporters of expe- interested in winning that election. I to understand the genius of our Found- dited special elections, or in the case of think 75 days is way too long to allow ing Fathers and the genius that put it this bill would be better called this body to sit and wait for something together and not change it and not ‘‘rushed’’ special elections, would no to happen. change the way this country works. We doubt say that time is of the essence in I want to talk now about something have to pass this bill. We have to elect replacing deceased Members of the even more fundamental. I carry the this House. This is the people’s House. House, and I agree. But the essence of Constitution around with me in my Mr. LARSON of Connecticut. Mr. democracy is choice, and the practices pocket in order to constantly remind Chairman, I yield 1 minute to the gen- to facilitate that choice. myself when I get dressed in the morn- tleman from Washington (Mr. BAIRD). Meaningful democratic elections pro- ing there still is a Constitution in this Mr. BAIRD. Mr. Chairman, I would vide time for candidates to choose to country. I know some, particularly like to ask the distinguished gen- run, time for political parties to choose those on the other side of the aisle, call tleman from Texas (Mr. DELAY), as the among them through primaries and this a living document, it does not majority leader of this body, if the other methods, time for minor parties mean a whole lot, and they are willing other party were in power and this and independent candidates to qualify to change it and not even consider the body were eliminated, would the gen- for the ballot, time for voters to reg- unintended consequences or consider tleman be perfectly comfortable, under ister to vote, time to secure polling why the genius of our Founding Fa- his constitutional fealty, in letting the places, time to train poll workers, thers understood what it took to build executive branch rule this country, print ballots and mail out and receive a democracy and what it took to main- take this country into war, and do all back absentee ballots. tain a democracy. of the other things reserved under that My first amendment today addresses That is why we have checks and bal- Constitution with no checks and bal- the bill’s short overall time frame. It ances. That is why we do not place all ances? would increase the maximum time al- of the power into one person or even Again, it is a false straw man to say lowed to conduct special elections to 75 one branch. It is vitally important for that anybody here wants to do away days, up from 45 days. There is nothing this body to be elected, and there is a with elections. The issue is do we do

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.077 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2325 away with the entire Congress tempo- Mr. DREIER. Mr. Chairman, I thank with terms of the bill itself, notwith- rarily until we can hold elections? We my friend for yielding. standing my own position on the need need those checks and balances. And Let me state that there is absolutely for a constitutional amendment; but I they are not the only ones standing up nothing whatsoever that is arbitrary do not think the bill before us gets the for this Constitution who are opposing about the 45-day period. The State of job done, and I think it imperils the the alternatives of temporary appoint- New York has a maximum of 40 days, very democratic processes that we all ments. We, too, are standing up for it. and we know that it has worked very cherish so much, that allows a person We are standing up for checks and bal- well in the State of New York. And I to walk in here as a duly elected rep- ances, separation of powers, and all of think it is also important to note that resentative of his constituents. the Article I provisions that are en- there are three former Secretaries of Mr. Chairman, I yield back the bal- sured in the Constitution. State, I know at least on our side of ance of my time. Mr. NEY. Mr. Chairman, I yield 1 the aisle, who serve here; and we fash- Mr. NEY. Mr. Chairman, I yield my- minute to the gentleman from Wis- ioned this legislation in consultation self such time as I may consume. consin (Mr. SENSENBRENNER). with Secretaries of State in seeking I just want to weigh in with a couple Mr. SENSENBRENNER. Mr. Chair- the amount of time that would, in fact, of comments. I think probably enough man, the amendment that is offered by address the concern that the gen- has been said about this issue, but I the gentleman from Connecticut (Mr. tleman from Washington (Mr. BAIRD) wanted to dovetail on some of the com- LARSON) cuts directly against every ar- has raised that we as quickly as pos- ments made by the gentleman from gument he has made up to now. sible make sure that this institution is California (Mr. DREIER), the distin- What the gentleman’s amendment reconstituted. So I think it is impor- guished chairman of the Committee on does is delay for another 30 days the tant just to note that we have not been Rules, who put a lot of time and effort right of the people to elect their own arbitrary in the selection of this 45 and testified at the Committee on replacement Representatives. We ei- days. A lot of research went into this. House Administration on this issue. ther can reconstitute the House quick- Mr. LARSON of Connecticut. Mr. An election conducted within the 45- ly or reconstitute the House slowly, Chairman, reclaiming my time, there day time frame, I would be the first to and this amendment makes it happen is no doubt in my mind of the great ef- admit, and I said it earlier, would un- slower. fort and the intellect and the able peo- doubtedly present challenges and The gentleman also brings up the ple that they have put behind this. The would present some difficulties for issue that in Wisconsin we need 62 CBO reports that more than 40 States State and local election officials more days. We have primary elections and are going to have a problem with this so than would an election conducted special elections in Wisconsin. This bill mandate, and will be forced to go well under certain normal circumstances; says there should be no primary elec- beyond their means. In hearing from and in a perfect world we would like to tions, and that cuts it down to 34 days. my own State of Connecticut—from my provide as much time as necessary for So Wisconsin runs a primary election Secretary of State—about all the un- election officials to prepare for an elec- 34 days after the vacancy occurs. We derlying concerns that are raised, espe- tion and the electorate to make in- would have no problem replacing me or cially as it relates to voting rights formed choices about candidates. Elec- any of my colleagues from Wisconsin acts, she said she would not feel com- tion officials all over this country on within the 45-day period of time. fortable unless there was a 60-day pe- both side of the aisle work very hard. I Mr. LARSON of Connecticut. Mr. riod. think all of us have viewed on election Chairman, I yield myself such time as Can it be accomplished in 45 days? day the activities of these officials. I may consume. Perhaps. But as I indicated earlier, as They are hard workers, and I believe Throughout history States have Judge Learned Hand said, this is a that under a crisis situation they will often been the engines of political di- question that leaves us ‘‘not too sure step up, they will perform, but again, I versity and experimentation. The rea- that we are right,’’ and with all due re- state, in a crisis situation. son I chose the 75-day time frame was spect, I would rather err on the side of In the unique situation where large to allow more of those elements to be making sure that people were guaran- numbers of House Members have been sustained. The 45-day time frame is far teed those rights. killed in a terrorist attack, the desire shorter than the special election time Mr. DREIER. Mr. Chairman, will the for extensive election preparation time frames in a majority of States. The gentleman yield? has to be weighed, has to be weighed Commission on the Continuity of Gov- Mr. LARSON of Connecticut. I yield against the urgent need to fill House ernment, the Brookings Institution to the gentleman from California. vacancies with elected Members as and the American Enterprise Institute, Mr. DREIER. Mr. Chairman, I briefly quickly as is reasonable under the cir- estimate that the average length of va- mentioned during the debate on the cumstances. cancies over the last nine Congresses rule what happened out in California. Doug Lewis, executive director of the has been more than 120 days. A 75-day We know that each congressional dis- Election Center, a national nonprofit time frame thus provides a process sig- trict has about 650,000, fewer than organization serving the elections and nificantly faster than the norm in 650,000 people. We might have two or voter registration profession, testified many instances, while avoiding some of three candidates in those races. In before the Committee on House Admin- the more jarring effects of the bill’s far California, we had 125 candidates and istration last year that the majority of more drastic limitation. we had a total of 55 days; and the pre- our country’s chief election officials diction of doom, I was frankly sus- believe that 45 days would provide suf- b 1415 picious about the prospect of seeing us ficient time to plan and prepare for an That was the rationale in crafting put together in a 55-day period with 35 expedited special election. And I be- this legislation. That was the rationale million Californians this special elec- lieve that Doug Lewis had done a poll- where others have suggested 60, or even tion when in fact we found that we ing throughout his organization, and I 90, days. I felt 75 days guaranteed the were able to do it in that period of time should tell the Members that Doug cherished rights that we all seek to for a State of 35 million people. I think Lewis and his organization have credi- protect under any proposal. The 75-day in the congressional districts that are bility. They are on the forefront of the proposal, I will admit, is arbitrary, like a fraction of that size, 45 days is a rea- Help America Vote Act, and they work the 21-day, or the 45-day period se- sonable period. and represent the people who are right lected previously by the sponsors, but I thank my friend for yielding. in the trenches that deal with this the entire bill is constructed around Mr. LARSON of Connecticut. Mr. every single election period. At present arbitrary numbers which we are only Chairman, reclaiming my time, I just there are 10 States, including Min- permitted to amend in a limited way. wanted to close by saying that this has nesota, Texas, New York, and Georgia Mr. DREIER. Mr. Chairman, will the been an extraordinary afternoon, and I that require the filling of House vacan- gentleman yield? deeply appreciate the hard work and ef- cies within 45 days. Thus I believe if Mr. LARSON of Connecticut. I yield fort that has gone into this proposal on they can do it, we can do it nationally; to the gentleman from California. all sides. I simply disagree in principle and I believe 45 days is a reasonable

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.080 H22PT1 H2326 CONGRESSIONAL RECORD — HOUSE April 22, 2004 time frame for conducting a fair, open, tions. The bill does this indirectly by would obviously fail miserably in the and meaningful election. requiring political parties in the States second. Not only could the bill leave So for these reasons, Mr. Chairman, I to select their nominees within 10 days the voters without any candidates to would oppose this amendment. of the Speaker’s announcement of va- choose from, but it could have other ir- Mr. Chairman, I yield back the bal- cancies. The amendment strikes out rational effects as well. ance of my time. that provision while adding entirely For example, even in a State like The CHAIRMAN. The question is on different language enhancing candidate Minnesota, which in 1977 held both a the amendment offered by the gen- eligibility, voters’ electoral choices, special primary and a special election tleman from Connecticut (Mr. LARSON). and State flexibility in election admin- for a House seat in only 29 days, H.R. The question was taken; and the istration. 2844 would require the abandonment of Chairman announced that the noes ap- The use of primaries was one of the the primary system even though such a peared to have it. great reforms in American politics State might, under normal conditions, Mr. LARSON of Connecticut. Mr. which distinguishes us from many be able to comply with the overall 45- Chairman, I demand a recorded vote. forms of parliamentary government. day deadline of the bill. The State The CHAIRMAN. Pursuant to clause There is no way States could conduct managed to hold its primary in this 6 of rule XVIII, further proceedings on primaries under the 10-day restriction. case in 15 days, but could it do it in 10 the amendment offered by the gen- Indeed, this deadline provides barely days—the time limit for candidate se- tleman from Connecticut (Mr. LARSON) enough time for prospective candidates lection in H.R. 2844? Why should the will be postponed. to assess whether they even want to bill penalize those States, which could It is now in order to consider amend- run. achieve their electoral results fol- ment No. 2 printed in part B of House In place of primaries, the bill would lowing regular order, by forcing them Report 108–466. require political party committees of to change their basic political prac- AMENDMENT NO. 2 OFFERED BY MR. LARSON OF some sort to select a nominee, which is tices, and suddenly start choosing can- CONNECTICUT a legitimate mechanism already in use didates through party committees? Mr. LARSON of Connecticut. Mr. in some States for special elections; Mr. Chairman, the 10-day provision of Chairman, I offer an amendment. but even in those States, 10 days is a this bill, and its potentially disastrous The Chairman. The Clerk will des- very short time. And of course many side effects, constitutes reason enough ignate the amendment. States do not allow selection of can- for the adoption of my amendment. The text of the amendment is as fol- didates by party committees because Mr. Chairman, I reserve the balance lows: they consider it undemocratic, and re- of my time. Mr. NEY. Mr. Chairman, I claim time Amendment No. 2 offered by Mr. LARSON of quire the selection of candidates by in opposition to the amendment, and I Connecticut: popular vote. Amend paragraph (3) of section 26(b) of the The gentleman from Wisconsin (Mr. yield myself such time as I may con- sume. Revised Statutes of the United States, as SENSENBRENNER), in answering a ques- Mr. Chairman, I share the gentleman proposed to be added by the bill, to read as tion that I posed at the Committee on follows: from Connecticut’s (Mr. LARSON) con- House Administration markup of this ‘‘(3) ELIGIBILITY OF CANDIDATES.— cern that an expedited special election bill, when I was seeking clarity about ‘‘(A) IN GENERAL.—A candidate shall be eli- should be open to as many eligible can- gible to run in a special election held in a some of the provisions his bill—what didates as possible. However, this State under this subsection if the candidate the bill would actually do—was crystal amendment, although I do not believe meets such requirements as may apply under clear on one issue in this bill. He would intended, would indirectly undermine State law. penalize political parties in those ‘‘(B) EXTENSION OF DEADLINE FOR ELEC- the very core of H.R. 2844, which is the States which could not meet the 10-day establishment of a time frame for con- TION.—A State may extend the deadline pro- deadline by requiring that their party vided under paragraph (2) for a special elec- ducting expedited special elections tion to the extent the State considers nec- lines to be left blank on the ballot. He that promptly fill House vacancies essary to prepare balloting materials and writes to the committee that H.R. 2844 while still providing the necessary distribute absentee ballots which include the clearly provides that political parties time for election preparation. names of all eligible candidates, and to oth- may, not must, nominate candidates This amendment would permit each erwise ensure that all eligible candidates are within the 10-days allowed in any man- State to determine how much or how given sufficient time to prepare for and par- ner they see fit. If they do not, or can- little time it needs to conduct a special ticipate in the election.’’. not nominate a candidate within the election, thereby rendering meaning- The CHAIRMAN. Pursuant to House time allowed, such parties will not ap- less H.R. 2844’s 45-day time frame for Resolution 602, the gentleman from pear on the ballot. conducting those elections. The frame- Connecticut (Mr. LARSON) and a Mem- Selection of nominees, of course, is work for expedited special elections ber opposed each will control 10 min- the ultimate political process, but it is that is set forth in H.R. 2844 represents utes. more often known for controversy, a balanced approach, taking into con- The Chair recognizes the gentleman deal-making, and intrigue, rather than sideration both the need for an acceler- from Connecticut (Mr. LARSON). speed and efficiency. That is why we ated reconstitution of the House and Mr. LARSON of Connecticut. Mr. have the expression ‘‘the smoke-filled also the need for adequate election Chairman, I yield myself such time as room.’’ preparation time. This amendment I may consume. Imagine the nightmare if this bill be- would knock that framework out of Mr. Chairman, this amendment came law, and the political parties in balance and would in all likelihood un- would restore democratic protections your district were unable to field any necessarily prolong the period that to candidates who wish to run in expe- candidate because they could not con- many American people would be with- dited special elections under H.R. 2844, vene under potentially adverse cir- out representation in the House of Rep- and would enhance the voters’ elec- cumstances due to a national crisis, or resentatives in the aftermath of a cata- toral choices, which the bill, I believe, if a party committee did not meet, but strophic attack. needlessly seeks to limit. It would also could not reach agreement on a nomi- I do say I appreciate the commitment give to the States, who are our first re- nee because there was strong competi- to the States rights that my friends sponders in elections, greater flexi- tion among well-qualified candidates. are showing on the other side of the bility to respond to problems raised by How could there then be an election? aisle, demonstrated by their support of a potential catastrophe or terrorist at- Whom would the voters choose from this amendment. I hope that commit- tack. the blank page? ment will continue to be reflected in The amendment accomplishes several I remind the Members that this bill’s future votes on other election-related major improvements in the bill. First, stated purpose is to expedite special matters, on all issues, for that matter. it would eliminate the bill’s perhaps elections, and to reconstitute the However, I think we could agree that most outrageous defect, the ban on pri- House of Representatives. Having elec- if there was ever a time when Federal mary elections in the great number of tions without candidates would cer- preemption of State laws was appro- States which use them in special elec- tainly accomplish the first goal, but priate, it would be in the aftermath of

VerDate mar 24 2004 04:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.083 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2327 an attack that has killed over 100 of us point. His side won a special election in 4, grants Congress broad power, broad as Members of the House. We have an Kentucky. I congratulate the gen- power, over elections, including, and I obligation to take action to make sure tleman from Kentucky (Mr. CHANDLER) quote from the Smiley v. Holm deci- that in those circumstances this House for his victory. He did not win a pri- sion of the Supreme Court, where they is reconstituted with elected Members mary election. He was not nominated say ‘‘authority to provide a complete as quickly as possible. That is a Fed- by a Democratic Party convention and code for Congressional elections, not as eral responsibility, not one that should his opponent in the election was nomi- only to times and places, but in rela- be left to the States to decide. I cannot nated by a Republican Party conven- tion to notices, registration, super- think of a more appropriate or more tion. vision of voting, protection of voters, necessary time to exercise our article The election of the gentleman from prevention of fraud and corrupt prac- I, section 4 powers to regulate the Kentucky (Mr. CHANDLER) to the House tices, counting votes, making and pub- time, place, and manner of elections. to promptly fill the vacancy caused by lication of election returns.’’ Mr. Chairman, let me say that is the b 1430 the election of Ernie Fletcher, his predecessor, as Governor of Kentucky provision that was upheld by the Su- Therefore, I would oppose this is no less democratic than the election preme Court, and to me that makes it amendment. of those of us that went through pri- very, very clear that we have that au- Mr. Chairman, I reserve the balance maries. thority. of my time. Mr. LARSON of Connecticut. Mr. The issue of uniformity is something Mr. LARSON of Connecticut. Mr. Chairman, I yield myself such time as we were very, very careful in crafting Chairman, I yield 2 minutes to the dis- I may consume. in this legislation. Why? Because as we tinguished gentleman from Washington Mr. Chairman, it is easy to conceive look at this 45-day period, we want to (Mr. BAIRD). of the circumstances in which compa- make sure that all across the country Mr. BAIRD. Mr. Chairman, earlier I nies that print ballots or manufacture we have an opportunity for people in a asked this body to consider two ques- voting machines or paper or computer time of crisis to at the same time cast tions: How would the Framers feel equipment could be disrupted by the their ballots. about the House of Representatives same catastrophic events which are Now, when my friend the gentleman constituted by a few Members or no triggering the special elections. The from Connecticut (Mr. LARSON) used House of Representatives at all, and Nation’s communications and com- the issue of the State, I think it was how would their constituents react if merce could be disrupted. My amend- Minnesota, that had that 15-day provi- they had no voice as the country were ment gives the States the flexibility to sion, I am convinced that just as we in taken into war by an unelected Cabinet respond. California were able to take on that member? Mr. Chairman, this is a very impor- very unique and unprecedented recall Let me ask this question: The distin- tant amendment. It removes a number election that we held last year, simi- guished majority leader proudly held of major problems in the bill. I find it larly States like Minnesota, which the Constitution of the United States hard to imagine how Members could have had that nominating process take up and presented to us that he was de- not support a proposal which could re- place, they have held those primaries fending the Constitution with this leg- store primaries, enhance the ability of in 15 days, similarly that nominating islation. Where, my good friends, in candidates to get on the ballot, and process could take place within the 10- that sacred Constitution does it say give the States greater flexibility to day period. that the political parties will be au- administer special elections in a time We all know, Mr. Chairman, that this thorized to select the candidates who of crisis. would be an extraordinary cir- can be elected for the House of Rep- Mr. Chairman, I urge an ‘‘aye’’ vote. cumstance. And one of the reasons, I resentatives? If we are defending the Mr. Chairman, I reserve the balance would say to my friend from Wash- Constitution, how in the name of the of my time. ington who raised the concern about Framers can we say that political par- Mr. NEY. Mr. Chairman, I yield 5 the immediacy of trying to ensure that ties will select the candidates for of- minutes to the gentleman from Cali- we have a full complement of Members fice? And if we are saying that we are fornia (Mr. DREIER), the chairman of of the House working, that is the rea- protecting the rights of our voters, how the Committee on Rules. son that we have the 45-day period put can we do so when we disenfranchise (Mr. DREIER asked and was given into place, and that is the reason that all independent voters from selecting permission to revise and extend his re- we spent a great deal of time over the their candidate of choice, and instead marks.) last year and a half talking with secre- put that decision into the political Mr. DREIER. Mr. Chairman, I would taries of state across this country, in- elites, the very people who you assert like to begin by yielding to my friend cluding, as I said, the three members of you are protecting the voters from from Washington (Mr. BAIRD), to see if this institution who did serve as secre- with your base bill? he would like to pose a question to me. taries of state, to come up with a time Mr. NEY. Mr. Chairman, I yield 1 Mr. BAIRD. Mr. Chairman, will the which would best allow us to ensure minute to the gentleman from Wis- gentleman yield? those rights, realizing that this is in an consin (Chairman SENSENBRENNER). Mr. DREIER. I yield to the gen- extraordinary, potentially very dif- Mr. SENSENBRENNER. Mr. Chair- tleman from Washington. ficult time for our Nation. man, this is another amendment to gut Mr. BAIRD. Mr. Chairman, if the Mr. BAIRD. Mr. Chairman, if the the bill. All you need to do is look at gentleman would please show me where gentleman will yield further, my ques- the last three lines of the amendment in the United States Constitution po- tion is, where in the Constitution of that says ‘‘or otherwise ensure that all litical parties are authorized to select the United States? I understand the eligible candidates are given sufficient candidates for the House of Represent- Supreme Court has ruled that, but the time to prepare for and participate in atives, I would be happy to engage in point is if the gentleman is asserting the election.’’ this colloquy. that the purpose of this bill before us A State could decide to postpone the Mr. DREIER. Mr. Chairman, reclaim- today is to protect the rights of all vot- election indefinitely because they de- ing my time, I thank the gentleman for ers to elect their Representatives, ef- cided that all the candidates needed to his question. I wanted to respond to it fectively it is my position that you are have 30 face-to-face debates, and that earlier. disenfranchising those from inde- would fall into the catch-all clause. We Article I, Section 4 of the Constitu- pendent parties or minority parties need to have a specified time frame to tion makes it very clear that times, from selecting their candidates. reconstitute the House with elected places and manner of election are with- The second thing I would ask, since Members, and that is why we have the in the purview of this institution. we are quoting the Constitution, is time frame put down here. I would go on to say that the United where in the Constitution or in subse- I am very interested in listening to States Supreme Court has correctly, in quent Supreme Court decisions has it the argument of the gentleman from my opinion, held that the times, places authorized the executive branch to Washington that completely misses the and manner clause of Article I, Section function without checks and balances

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.087 H22PT1 H2328 CONGRESSIONAL RECORD — HOUSE April 22, 2004 from a House of Representatives or very constituents that would send AMENDMENT OFFERED BY MRS. MALONEY from a House of Representatives com- someone through these doorways, duly Mrs. MALONEY. Mr. Chairman, I prised of less than a quorum? elected, to have fully participated and offer an amendment. Mr. DREIER. Mr. Chairman, reclaim- therefore legitimized that election as The CHAIRMAN. Is the gentlewoman ing my time, let me say there is no at- well. from New York (Mrs. MALONEY) the tempt whatsoever to give the executive Mr. DREIER. Mr. Chairman, will the designee of the gentleman from Mis- branch the opportunity to run without gentleman yield? souri (Mr. SKELTON)? the oversight that is, in fact, ensured Mr. LARSON of Connecticut. I yield Mrs. MALONEY. Yes, Mr. Chairman, in the Constitution. I believe that we to the gentleman from California. I am. would have a complement of Members. Mr. DREIER. Mr. Chairman, I would The CHAIRMAN. The Clerk will des- I do not know exactly what that would say that there is no way that you are ignate the amendment. The text of the amendment is as fol- consist of, but the goal of this legisla- going to get me to argue with Learned lows: tion is to make sure that we can get Hand. I share that skepticism, and I be- back to the full 435 membership, ensur- lieve that is a very healthy thing, and Amendment made in order by a previous order of the House in lieu of Amendment No. ing that we are the body of the people. it is an important thing. We have pondered almost every possi- 3 printed in House Report No. 108–466 offered I would say that one of the inter- bility. As I listened to the opening by Mrs. MALONEY: esting things about our Constitution, statement that was made during the In section 26(b) of the Revised Statutes of juxtaposed to other constitutions in the United States, as proposed to be added debate on the rule from my friend from the world and State constitutions, by the bill, add at the end the following new Washington describing what conceiv- paragraph: mine in California being an example, is ably could happen if we were in the the fact that any of us, just like the ‘‘(5) PROTECTING ABILITY OF ABSENT MILI- midst of a State of the Union Address, TARY AND OVERSEAS VOTERS TO PARTICIPATE majority leader, are able to put it in and we had every single Member of the our pocket. So that is why that very IN SPECIAL ELECTIONS.— House and Senate and everyone, save ‘‘(A) DEADLINE FOR TRANSMITTAL OF ABSEN- small item that I mentioned in Article the one member of the Cabinet who TEE BALLOTS.—In conducting a special elec- I, Section 4 of the Constitution, makes does not come to these addresses, oblit- tion held under this subsection to fill a va- it clear, and that interpretation, erated, what would happen. Frankly, if cancy in its representation, the State shall upheld by the United States Supreme it was as described, a nuclear bomb ensure to the greatest extent practicable (in- Court, makes it clear that we do have were to go off in this area, who knows cluding through the use of electronic means) the ability to do that. That is how we how far that would reach, and that in- that absentee ballots for the election are are legislatively able to proceed with transmitted to absent uniformed services dividual could be killed. So we have voters and overseas voters (as such terms are this. pondered everything. I will once again say to my friend defined in the Uniformed and Overseas Citi- What we have done, I believe, is we zens Absentee Voting Act) not later than 15 from Washington and others on this have worked very hard talking to days after the Speaker of the House of Rep- issue, as we look at what appears to me many, many different people about the resentatives announces that the vacancy ex- to be growing opposition to amending most balanced way that we can ap- ists. the U.S. Constitution, and I will say to proach an imponderable, difficult situ- ‘‘(B) PERIOD FOR BALLOT TRANSIT TIME.— my friend, I have had Democrats as ation, and I think we have come up Notwithstanding the deadlines referred to in well as nearly every Republican with with something reasonable. That is paragraphs (2) and (3), in the case of an indi- whom I have spoken on this say they why in light of the fact it is going to be vidual who is an absent uniformed services are opposed to it, I think that there very difficult, I am happy to say, for a voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citi- should be a realization that for us to constitutional amendment to pass this zens Absentee Voting Act), a State shall ac- take this first step with this very re- body, I think that we need to ask the cept and process any otherwise valid ballot sponsible, very balanced, very thought- question, what is the backup position? or other election material from the voter so ful approach, which has been consid- What is it that is proposed, short of a long as the ballot or other material is re- ered over a long period of time, is the constitutional amendment, other than ceived by the appropriate State election offi- route for us to take. this legislative approach, which we cial not later than 45 days after the State Mr. LARSON of Connecticut. Mr. have tried to take in a bipartisan way? transmits the ballot or other material to the Chairman, I yield myself the balance of Mr. LARSON of Connecticut. Mr. voter.’’. my time. Chairman, reclaiming my time, I would The CHAIRMAN. Pursuant to House Mr. Chairman, again I would add sin- suggest that my amendments, I think, Resolution 602, the gentlewoman from cerely how much I have appreciated improve that. New York (Mrs. MALONEY) and a Mem- the debate and the depth of the debate Mr. DREIER. Mr. Chairman, if the ber opposed each will control 10 min- that has taken place on the floor gentleman would further yield, the utes. today. amendment extending from 45 to 75 The Chair recognizes the gentle- I harken back to something I said days in fact lengthens the amount of woman from New York. (Mrs. during the debate on the rule, a notion time when we could possibly get this MALONEY). that was brought up by the gentleman body back together. b 1445 Mr. LARSON of Connecticut. Mr. from Massachusetts (Mr. MCGOVERN), Mrs. MALONEY. Mr. Chairman, I that the only time, to my knowledge, Chairman, reclaiming my time, this deals with the 10-day provision under- yield myself such time as I may con- that we have met in joint caucus has sume. been when we were discussing the an- neath, which again prohibits primaries. Mr. NEY. Mr. Chairman, I yield back Mr. Chairman, I rise in support of the thrax issue, and by the nature of this the balance of my time. Skelton amendment, and I am pleased debate and the richness of this debate The CHAIRMAN. The question is on to join my colleague and friend, the and the feelings on all sides, it rises the amendment offered by the gen- gentleman from Missouri (Mr. SKEL- above in so many respects the Com- tleman from Connecticut (Mr. LARSON). TON), in offering this amendment. He mittee on Rules, the Committee on The question was taken; and the has always been a strong advocate for House Administration and the Com- Chairman announced that the noes ap- the men and women in the military. mittee on the Judiciary and belongs in peared to have it. And the purpose of this amendment is front of Members to discuss because of Mr. LARSON of Connecticut. Mr. to ensure that overseas voters, includ- so many of these issues that are before Chairman, I demand a recorded vote. ing the men and women who are risk- us. The CHAIRMAN. Pursuant to clause ing their lives to protect our country, I quoted Judge Learned Hand before, 6 of rule XVIII, further proceedings on their dependents, and private citizens, and I will continue to quote him, be- the amendment offered by the gen- will have an opportunity to vote in a cause while you may be sure that all of tleman from Connecticut (Mr. LARSON) continuity-of-government election. these things can be accomplished in 45 will be postponed. I join my colleague in thanking the days, I remain skeptical that that It is now in order to consider Amend- gentleman from California (Chairman could happen, and my skepticism ment No. 3 made in order by the order DREIER) and the gentleman from Mis- comes from wanting to provide the of the House of earlier today. souri (Mr. BLUNT) for working with us

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.091 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2329 to bring this amendment to the floor. As a former Secretary of State and very, very good amendment. So we While this is not the amendment that chief election official of our State, thank them for that. we originally offered before the Com- there would be many occasions when This act would require States to con- mittee on Rules, we appreciate their you might still have a ballot out, but it duct expedited special elections in ex- good-faith efforts to reach this com- is clear to the State election official traordinary circumstances which promise. that the ballot out would make no dif- means that there are more than 100 va- The terrorist attacks of September 11 ference in the outcome and con- cancies in the House of Representa- made us all aware of how vulnerable sequently no particular reason to slow tives. States would have 45 days in our government could be in the event down the process of certifying in the which to nominate candidates and hold of a catastrophe. The underlying bill circumstances we are talking about. elections to fill these congressional va- provides for special elections if more At the same time, if those ballots cancies. than 100 Members of the House are in- that had not been returned would make The deadly terrorist attacks on Sep- capacitated or killed. While there are a difference, they would have to be tember 11 raised the Nation’s aware- many objections to the bill, it protects counted, have to be part of the process, ness that a catastrophic assault on our the tradition that Members of the and would assure that all those who country’s soil was not just a historical House may only serve if they have been could have made a difference in the event, but a constant threat that we elected by the people. outcome of the election had a chance truly must face. We are living in an en- Our amendment simply requires to do this. vironment where terrorists are willing States to provide overseas voters 45 In all likelihood, we would see State to target unarmed civilians and inno- days to return their ballots from the election officials doing everything they cent bystanders to call attention to date on which the ballot is mailed. If could to expedite this process. We give their cause. Unlike military conflicts we are going to have elections to deal them in the language here certainly in the past, these extremists do not fol- with disasters as envisioned by this authority to use electronic means to low acceptable standards for rules of legislation and which we hope will transmit ballots to people overseas or engagement under the Geneva Conven- never happen, our amendment will en- in the military. Also we require that, if tion. sure that overseas voters have the practical, election officials have a bal- The threat of future terrorist attacks same opportunity that our voters at lot ready to send out within 15 days of convinces me that we need to review home have to cast their ballots. the starting of that original 45-day the process by which we provide con- For several years I have been work- clock. I think in these circumstances tinuity of government in case of a cat- ing on making sure that overseas vot- that is certainly a time that election astrophic attack on Congress. However, ers can participate in elections. In the officials could meet. But because the any effort we undertake should not al- Help America Vote Act, my colleague way this is worded, if they cannot meet ienate or disenfranchise any American from the other side of the aisle, the citizen, particularly those who volun- that language, there is no penalty. gentleman from New York (Mr. REY- teered or who serve at the point of the There is just a clear encouragement NOLDS), and I were able to include pro- spear, American servicemembers. here to move this process along, get visions that will ensure that overseas This amendment would ensure that those ballots in the mail, and take voters have a better opportunity to adequate time is provided to military time then, as necessary, for those bal- vote in Federal general elections. members who are serving overseas to The Skelton-Maloney amendment is lots to return. participate in the most basic right of I particularly appreciate my friend, a continuation of this effort by helping this country’s democracy, the right to the gentleman from Missouri (Mr. overseas American voters participate vote. in a continuity-of-government election SKELTON), and the great commitment The Department of Defense has been if one should be necessary. he has on this and to those who serve working with States to ensure that at We owe a tremendous debt of grati- us. It is a privilege for me to stand here least 45 days of transit time are pro- tude to the men and women who are in support of this amendment that he vided during regular elections so that serving our country. At the very least and the gentlewoman from New York overseas and deployed members and we must make the efforts to make sure (Mrs. MALONEY) and I have jointly rec- other Americans stationed overseas that they are included in the basic ommended be included in this legisla- have the opportunity to participate. To right of participating in elections. This tion. be fair to our men and women in uni- extends the number of days from the Mr. Chairman, I reserve the balance form, States should provide 45 days date that the ballot is mailed so that of my time. from the time from which the ballot is they have time to mail it back and be Mrs. MALONEY. Mr. Chairman, I mailed to the voter to the date by part of this election. yield such time as he may consume to which the voter must return the ballot Mr. Chairman, I reserve the balance the gentleman from Missouri (Mr. to the local election official. of my time. SKELTON). The amendment that is offered today Mr. BLUNT. Mr. Chairman, I ask Mr. SKELTON. Mr. Chairman, first by the gentleman from Missouri (Mr. unanimous consent to control the time let me say that the amendment being BLUNT), the gentlewoman from New in opposition to this amendment, offered today by my friend and col- York (Mrs. MALONEY), and me simply though I do not oppose the amendment. league, the gentlewoman from New seeks to ensure that servicemembers The CHAIRMAN. Is there objection York (Mrs. MALONEY), and by my next and American citizens who are sta- to the request of the gentleman from door neighbor back home, the gen- tioned or deployed overseas may fully Missouri? tleman from Missouri (Mr. BLUNT), is participate in this special electoral There was no objection. very important. It would ensure that process. The amendment seeks no more Mr. BLUNT. Mr. Chairman, I yield adequate time is provided to the States than basic fairness. myself such time as I may consume. holding continuity-of-government elec- I urge my colleagues to support this Mr. Chairman, I am pleased to be tions to ensure that overseas and de- amendment, to protect the voting working with my colleagues, the gen- ployed servicemembers have sufficient rights of those in uniform and those tlewoman from New York (Mrs. time in which to register and vote. who serve so well and so ably overseas. MALONEY) and the gentleman from Mis- I would like to thank the gentleman Mr. BLUNT. Mr. Chairman, I yield souri (Mr. SKELTON), to bring this from California (Mr. DREIER) also and myself such time as I may consume. amendment to the floor. It does allow the ranking member of the Committee Mr. Chairman, in relation to this, the additional time for those who are serv- on Rules, the gentleman from Texas general topic here of the bill, I men- ing in the military or those who are (Mr. FROST). Again, a special thanks to tioned the importance of preparing overseas to receive their ballot and be the gentlewoman from New York (Mrs. these ballots in a quick period of time. allowed to return their ballot. It does MALONEY) and the gentleman from Mis- I know that my friend, the gentleman not prevent the States from certifying souri (Mr. BLUNT) for working with us. from Rhode Island (Mr. LANGEVIN), ear- a winner, but only allows extra time if We had to work it out over a period of lier, also a former Secretary of State, needed for those overseas ballots to be several days. And we appreciate, I questioned whether 45 days was prac- counted. think, at the end of the day, it is a tical or not. I would just like to point

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.095 H22PT1 H2330 CONGRESSIONAL RECORD — HOUSE April 22, 2004 out that 10 States already have a time to be filed in court with regard to the Mr. Chairman, I reserve the balance frame that is 45 days or less. Rhode Is- Speaker’s announcement of a vacancy. of my time. land is pretty small. A State very It would further provide for the appeal Mr. SENSENBRENNER. Mr. Chair- close, New York, that is very big, has a of that court’s decision and for partici- man, I yield myself such time as I may 40-day time frame now. Texas has a pation in this process by all citizens. consume. time frame that is within the 45 days, Mr. Chairman, the matter we are dis- Mr. Chairman, this is another amend- and eight other States do as well. cussing today on the floor, the recon- ment that is designed to slow down I certainly think that is a reasonable stitution of this House in response to a having an election to replace Members period of time, particularly in these ex- devastating attack, is certainly a con- who have been wiped out as a result of traordinary circumstances. I think we tingency that none of us would like to a terrorist attack. It has a number of would see State election officials not imagine. It is a scenario that, frankly, features that will do that and will open only eager to help reconstitute the seems unthinkable. However, because up Pandora’s box to allow people to House but also encouraging the quick of the continuing threat of terrorism game the system. movement in the process of the selec- that we face, we must contemplate The first part of the amendment ex- tion of candidates and the preparation even the unthinkable. tends by 5 days, from 2 days to 7 days, of ballots. Those ballots would then be The House of Representatives is in- the time in which legal action can be mailed to military personnel and per- deed a unique body. As a purely rep- filed on the narrow issue of whether sonnel overseas. And those individuals resentative body, there is only one way there are 100 vacancies and whether a serving, as the gentleman from Mis- to get here: by direct election of the vacancy occurs in a particular district. souri (Mr. SKELTON) said, particularly people of this great Nation. I cherish The second section of the gentle- those in the military serving at the that heritage, and I know my col- man’s amendment is not properly point of the spear, would have the time leagues do as well; but the love of that drafted. The base bill says that the de- that they would appropriately need to tradition cannot take precedence over cision of the district court of 3 judges have to respond to this process. the need to ensure continuity of our must be rendered within 3 days and is Mrs. MALONEY. Mr. Chairman, hav- representative government in the face not reviewable. However, the second ing no other speakers, I yield back the of unprecedented disaster, the annihi- section of the amendment says, taking balance of my time. lation of a large number of our Mem- into account the opportunity for an ex- Mr. BLUNT. Mr. Chairman, I yield bers. pedited appeal of the initial decision. back the balance of my time. The base bill contemplates that we There is no appeal of the initial deci- The CHAIRMAN. The question is on would operate without a government sion in the base bill, and the second the amendment offered by the gentle- for 45 days. This, my colleagues, is a section makes that section of the re- woman from New York (Mrs. dereliction of duty. It is a dereliction vised statute inconsistent in its text. MALONEY). of our duty to ensure that the govern- The third section of the amendment The amendment was agreed to. ance of our Nation goes on in the face proposes to allow anybody or a polit- The CHAIRMAN. It is now in order to of such a tragedy. I, therefore, oppose ical party to petition for an appeal. consider amendment No. 4 printed in the base bill. During the 45 days that This is how the system can be gamed. part B of House Report 108–466. followed the events of September 11, My district is an overwhelmingly Re- AMENDMENT NO. 4 OFFERED BY MR. SCHIFF Congress worked vigorously to respond publican district. It has never elected a Mr. SCHIFF. Mr. Chairman, the gen- to the attacks on our Nation. No doubt Democrat to the House of Representa- tlewoman from Texas (Ms. JACKSON- the devastation of our Congress and tives in over 40 years. If I should be an- LEE) has an amendment at the desk the equally accompanying trauma of nihilated, I am sure that there would made in order under the rule that I will such a devastation would require the be the temptation that would be there be offering on her behalf as her des- most prompt response likewise. The for the Democrats in my district to try ignee. principle that all the people should be to stop an election and try to stop a The CHAIRMAN. The Clerk will des- equally represented is essential to our Republican from probably being elect- ignate the amendment. democratic character, and mass vacan- ed and seated to replace me. Similarly, The text of the amendment is as fol- cies for 45 days will be a departure in the district next door to me, cur- lows: from the representative rule of that rently represented by the gentleman from Wisconsin (Mr. KLECZKA), that is Amendment No. 4 offered by Mr. SCHIFF: body. In section 26(b)(4)(C)(i) of the Revised Stat- Without a quorum in the House, the an overwhelmingly Democratic dis- utes of the United States, as proposed to be inability to conduct business may, in trict, and the temptation would be added by the bill, strike ‘‘2 days’’ and insert turn, force a President to act there under this amendment for the ‘‘7 days’’. extraconstitutionally in any imme- Republican Party or Republican citi- In section 26(b)(4)(C)(iii) of the Revised diate response to an attack. By pro- zens to file a lawsuit to slow down the Statutes of the United States, as proposed to election of the replacement of the gen- be added by the bill, insert after ‘‘the ac- tecting one tradition, we would instead tleman from Wisconsin (Mr. KLECZKA) tion’’ the following: ‘‘(taking into account be scuttling others; and in the process an opportunity for an expedited appeal of the we will only deny the American people should he be annihilated in a terrorist initial decision)’’. the assurance that our swift and deci- attack. In section 26(b)(4)(C)(iv) of the Revised sive response was a legitimate one. So the amendment that has been of- Statutes of the United States, as proposed to fered allows people to game the system 1500 be added by the bill, insert after ‘‘vacant’’ b for political ends rather than to rise the following: ‘‘any citizen of the district Mr. Chairman, the survival of our above partisanship at times of a crisis and any political party of the State’’. very Nation must take precedence over and to speedily elect a replacement The CHAIRMAN. The gentleman our fond and philosophical adherence Member when someone has been wiped from California (Mr. SCHIFF) and the to the principal of direct election to out in a terrorist attack. gentleman from Wisconsin (Mr. SEN- the House under all circumstances. The Mr. Chairman, I reserve the balance SENBRENNER) each will control 5 min- temporary appointment of Members to of my time. utes. fill vacancies where 100 or more of our Mr. SCHIFF. Mr. Chairman, I yield The Chair recognizes the gentleman Members are killed or incapacitated is myself such time as I may consume. from California (Mr. SCHIFF). the narrowest of exceptions. In the un- Mr. Chairman, I appreciate the com- Mr. SCHIFF. Mr. Chairman, the likely event we should ever face such a ments of the chairman of the Com- amendment that I offer today on behalf terrible contingency, our country’s fu- mittee on the Judiciary and all the of the gentlewoman from Texas (Ms. ture will depend more, far more, on the work that he has done on the com- JACKSON-LEE) would make a few minor swift response of a fully reconstituted mittee. He expresses a concern about changes with respect to the judicial re- Congress than on a blind adherence to the timeliness of the process con- view provisions currently within the the principle of direct elections for 45 templated by this amendment, and I bill. The amendment would briefly ex- excruciating days. I, therefore, oppose share the concern about the timeliness tend the amount of time for an action the base bill. of the process contemplated in the base

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.096 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2331 bill. And, in fact, this is one of the rea- resume on those amendments on which Towns Vela´ zquez Waxman sons I have such concerns about the further proceedings were postponed in Turner (TX) Visclosky Weiner Udall (CO) Waters Woolsey base bill. Whether it is 45 days or 47 the following order: Udall (NM) Watson Wu days or 50 days, this is far too long in Amendment No. 1 offered by the gen- Van Hollen Watt Wynn the wake of catastrophe to be reconsti- tleman from Connecticut (Mr. LARSON); tuting the Congress. Amendment No. 2 offered by the gen- NOES—229 I also share the chairman’s desire tleman from Connecticut (Mr. LARSON). Aderholt Gillmor Oberstar that we rise above considerations of The first electronic vote will be con- Akin Gingrey Obey partisanship and think that this bill Bachus Goode Osborne ducted as a 15-minute vote. The second Baker Goodlatte Ose should go back to committee and come electronic vote will be conducted as a Ballenger Granger Otter forth with a bipartisan measure that 5-minute vote. Barrett (SC) Graves Oxley comes forth for all of us. This is a bi- Bartlett (MD) Green (WI) Pascrell AMENDMENT NO. 1 OFFERED BY MR. LARSON OF partisan bill. It should have a bipar- Barton (TX) Greenwood Paul CONNECTICUT Bass Gutknecht tisan work product. Pearce The CHAIRMAN. The pending busi- Beauprez Hall Pence Mr. Chairman, I yield 60 seconds to ness is the demand for a recorded vote Bereuter Harris Peterson (MN) the gentlewoman from California (Ms. Biggert Hart Petri on the amendment offered by the gen- WATSON). Bilirakis Hastings (WA) Pickering tleman from Connecticut (Mr. LARSON) Ms. WATSON. Mr. Chairman, in read- Bishop (UT) Hayes Pitts on which further proceedings were Blackburn Hayworth ing the base bill I have a concern, and Platts postponed and on which the noes pre- Blunt Hefley Porter it has nothing to do with the number of Boehlert Hensarling vailed by voice vote. Portman days, but it has all to do with how that Boehner Herger Pryce (OH) The Clerk will redesignate the is triggered. Bonilla Hobson Putnam Bonner Hoekstra In the legislation itself it says, ‘‘Ex- amendment. Quinn The Clerk redesignated the amend- Bono Hostettler Radanovich traordinary circumstances occur when Boozman Houghton ment. Ramstad the Speaker of the House of Represent- Bradley (NH) Hunter Regula atives announces that vacancies have RECORDED VOTE Brady (TX) Hyde Rehberg The CHAIRMAN. A recorded vote has Brown (SC) Isakson Renzi occurred.’’ Brown-Waite, Issa Now, should, and God forbid on the been demanded. Reynolds Ginny Istook Rogers (AL) Burgess evening that we would have the State A recorded vote was ordered. Jenkins Rogers (KY) Burns of the Union, and we are all here, and The vote was taken by electronic de- Johnson (CT) Rogers (MI) Burr there should be a missile, it could wipe Johnson (IL) Rohrabacher vice, and there were—ayes 179, noes 229, Burton (IN) Johnson, Sam Ros-Lehtinen out everyone, including everyone that not voting 25, as follows: Buyer Jones (NC) Royce is on the list at that time. Who then Calvert Keller [Roll No. 128] Ryan (WI) Camp Kelly triggers this action? Who are the peo- Ryun (KS) AYES—179 Cannon Kennedy (MN) ple? Who has the authority to put this Sanchez, Loretta Cantor King (IA) Abercrombie Farr Meek (FL) Saxton process in place? Capito King (NY) Ackerman Fattah Meeks (NY) Schrock Mr. DREIER. Mr. Chairman, will the Case Kingston Alexander Filner Menendez Scott (GA) Castle Kirk gentlewoman yield? Allen Ford Miller (NC) Sensenbrenner Chabot Kleczka Ms. WATSON. I yield to the gen- Andrews Frank (MA) Miller, George Sessions Baca Gonzalez Moore Chocola Kline tleman from California. Shadegg Baird Gordon Moran (VA) Coble Knollenberg Shaw Mr. DREIER. Mr. Chairman, I thank Baldwin Green (TX) Murtha Cole Kolbe Shays the gentlewoman for yielding to me. Ballance Grijalva Nadler Collins LaHood Sherwood Let me say that the imponderable, if Becerra Gutierrez Napolitano Cox Latham Shimkus every single one, all 537 of the Feder- Bell Harman Neal (MA) Crane LaTourette Berkley Hill Olver Crenshaw Leach Simmons ally elected officials, the President, the Berman Hoeffel Ortiz Crowley Lewis (CA) Simpson Vice President and all the Members of Berry Holden Owens Cubin Lewis (KY) Smith (NJ) the House, and all the Members of Sen- Bishop (GA) Holt Pallone Culberson Linder Smith (TX) Bishop (NY) Honda Pastor Cunningham LoBiondo Snyder ate, in fact, are killed, including all of Blumenauer Hooley (OR) Payne Souder the Cabinet members, including the Davis, Jo Ann Lowey Boswell Hoyer Pelosi Davis, Tom Lucas (KY) Stearns Boucher Inslee Pomeroy Cabinet member who is not here at the Deal (GA) Lucas (OK) Sweeney Boyd Israel Price (NC) State of the Union message, it would DeLay Manzullo Tancredo Brady (PA) Jackson (IL) Rahall Diaz-Balart, L. McCotter Taylor (NC) be up to the people to come together Brown (OH) Jefferson Rangel Diaz-Balart, M. Terry and make the determination as the re- Brown, Corrine John Reyes McCrery Dingell Thomas Capps Johnson, E. B. McHugh building process begins. Rodriguez Thornberry Capuano Kanjorski Ross Doolittle McInnis Tiahrt I thank my friend for yielding. Cardoza Kaptur Rothman Dreier McKeon Tiberi Mr. SENSENBRENNER. Mr. Chair- Carson (IN) Kennedy (RI) Roybal-Allard Dunn McNulty man, I yield myself the balance of my Carson (OK) Kildee Ruppersberger Ehlers Mica Turner (OH) Upton time. Chandler Kilpatrick Rush Emerson Michaud Clay Kind Ryan (OH) English Miller (FL) Vitter Mr. Chairman, we have heard an Conyers Kucinich Sabo Everett Miller (MI) Walden (OR) awful lot that this is not a bipartisan Cooper Lampson Sa´ nchez, Linda Feeney Miller, Gary Walsh bill. This is a bipartisan bill, and I Costello Langevin T. Ferguson Moran (KS) Wamp would draw the attention of the Mem- Cramer Lantos Sanders Flake Murphy Weldon (FL) Cummings Larsen (WA) Sandlin Foley Musgrave Weldon (PA) bers to the reported bill does show that Davis (AL) Larson (CT) Schakowsky Fossella Myrick Weller additional cosponsors include the two Davis (CA) Lee Schiff Franks (AZ) Nethercutt Wexler top Democrats on the Committee on Davis (FL) Levin Scott (VA) Frelinghuysen Neugebauer Whitfield the Judiciary, the gentleman from Davis (IL) Lewis (GA) Serrano Frost Ney Wicker Davis (TN) Lipinski Sherman Garrett (NJ) Northup Wilson (NM) Michigan (Mr. CONYERS) and the gen- DeFazio Lofgren Skelton Gerlach Norwood Wilson (SC) tleman from California (Mr. BERMAN). DeGette Lynch Slaughter Gibbons Nunes Wolf Mr. Chairman, I yield back the bal- Delahunt Majette Smith (WA) Gilchrest Nussle Young (FL) DeLauro Maloney Solis ance of my time. Deutsch Markey Spratt NOT VOTING—25 The CHAIRMAN. The question is on Dicks Marshall Stark the amendment offered by the gen- Doggett Matheson Stenholm Cardin Hastings (FL) Mollohan Dooley (CA) Matsui Strickland Carter Hinchey Peterson (PA) CHIFF tleman from California (Mr. S ). Doyle McCarthy (MO) Stupak Clyburn Hinojosa Pombo The amendment was rejected. Edwards McCarthy (NY) Tanner DeMint Hulshof Shuster SEQUENTIAL VOTES POSTPONED IN COMMITTEE Emanuel McCollum Tauscher Duncan Jackson-Lee Smith (MI) OF THE WHOLE Engel McDermott Taylor (MS) Forbes (TX) Sullivan Eshoo McGovern Thompson (CA) Gallegly Jones (OH) Tauzin The CHAIRMAN. Pursuant to clause Etheridge McIntyre Thompson (MS) Gephardt Millender- Toomey 6 of rule XVIII, proceedings will now Evans Meehan Tierney Goss McDonald Young (AK)

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.099 H22PT1 H2332 CONGRESSIONAL RECORD — HOUSE April 22, 2004

ANNOUNCEMENT BY THE CHAIRMAN PRO Oberstar Ryan (OH) Tanner NOT VOTING—28 Obey Sabo Tauscher TEMPORE Cardin Goss Neugebauer Olver Sa´ nchez, Linda Taylor (MS) Carter Hastings (FL) Peterson (PA) The CHAIRMAN pro tempore (Mr. Ortiz T. Thompson (CA) Clyburn Hinchey Pombo ISAKSON (during the vote). Members are Owens Sanders Thompson (MS) Collins Hinojosa Shuster advised there are 2 minutes remaining Pallone Sandlin Tierney Cox Hulshof Smith (MI) Pascrell Schakowsky Towns in this vote. DeMint Jackson-Lee Tauzin Pastor Schiff Turner (TX) Duncan (TX) Toomey Payne Scott (GA) Udall (CO) b 1531 Emerson Jones (OH) Young (AK) Pelosi Scott (VA) Udall (NM) Forbes Millender- Messrs. BURNS, PUTNAM, NOR- Pomeroy Serrano Van Hollen Gallegly McDonald WOOD, BARRETT of South Carolina, Price (NC) Sherman Vela´ zquez Gephardt Mollohan Rahall Skelton Visclosky Ms. GINNY BROWN-WAITE of Florida, ANNOUNCEMENT BY THE CHAIRMAN Rangel Slaughter Waters and Messrs. ROGERS of Alabama, Reyes Smith (WA) Watson The CHAIRMAN (during the vote). FROST, OTTER, and TAYLOR of Rodriguez Solis Watt There are 2 minutes remaining in this North Carolina changed their vote Ross Spratt Waxman vote. from ‘‘aye’’ to ‘‘no.’’ Rothman Stark Weiner Roybal-Allard Stenholm Woolsey 1540 Mr. EDWARDS and Ms. SLAUGHTER b Ruppersberger Strickland Wu changed their vote from ‘‘no’’ to ‘‘aye.’’ Rush Stupak Wynn Ms. PRYCE of Ohio changed her vote So the amendment was rejected. from ‘‘aye’’ to ‘‘no.’’ The result of the vote was announced NOES—217 So the amendment was rejected. as above recorded. Aderholt Gingrey Ose The result of the vote was announced AMENDMENT NO. 2 OFFERED BY MR. LARSON OF Akin Goode Otter as above recorded. Bachus Goodlatte CONNECTICUT Oxley Stated against: Baker Granger Paul Mr. NEUGEBAUER. Mr. Chairman, on roll- The CHAIRMAN. The pending busi- Ballenger Graves Pearce ness is the demand for a recorded vote Barrett (SC) Green (WI) Pence call No. 129, I was unavoidably detained. Had on amendment No. 2 offered by the gen- Bartlett (MD) Greenwood Peterson (MN) I been present, I would have voted ‘‘no.’’ Barton (TX) Gutknecht tleman from Connecticut (Mr. LARSON) Petri f Bass Harris Pickering on which further proceedings were Beauprez Hart Pitts PERSONAL EXPLANATION postponed and on which the noes pre- Bereuter Hastings (WA) Platts Mr. GOSS. Mr. Chairman, on Nos. vailed by voice vote. Biggert Hayes Porter The Clerk will redesignate the Bilirakis Hayworth Portman 128, 129, I was unavoidably detained. Had I Bishop (UT) Hensarling Pryce (OH) been present, I would have voted ‘‘no.’’ amendment. Blackburn Herger Putnam PREFERENTIAL MOTION OFFERED BY MR. BAIRD The Clerk redesignated the amend- Blunt Hobson Quinn ment. Boehlert Hoekstra Radanovich Mr. BAIRD. Mr. Chairman, I offer a Boehner Hostettler Ramstad preferential motion. RECORDED VOTE Bonilla Houghton Regula The Clerk read as follows: The CHAIRMAN. A recorded vote has Bonner Hunter Rehberg Mr. BAIRD moves that the Committee of been demanded. Bono Hyde Renzi Boozman Isakson Reynolds the Whole do now rise and report the bill A recorded vote was ordered. Bradley (NH) Issa H.R. 2844 back to the House with the rec- The CHAIRMAN. This will be a 5- Rogers (AL) Brady (TX) Istook Rogers (KY) ommendation that the enacting clause be minute vote. Brown (SC) Jenkins Rogers (MI) stricken. Brown-Waite, Johnson (CT) The vote was taken by electronic de- Rohrabacher The CHAIRMAN. The gentleman Ginny Johnson (IL) Ros-Lehtinen vice, and there were—ayes 188, noes 217, AIRD Burgess Johnson, Sam Royce from Washington (Mr. B ) is recog- not voting 28, as follows: Burns Jones (NC) Ryan (WI) nized for 5 minutes in support of his Burr [Roll No. 129] Keller Ryun (KS) motion. Burton (IN) Kelly Sanchez, Loretta AYES—188 Buyer Kennedy (MN) Mr. BAIRD. Mr. Chairman, this is as Saxton Abercrombie DeGette Kaptur Calvert King (IA) serious as it gets. Two and a half years Schrock Ackerman Delahunt Kennedy (RI) Camp King (NY) Sensenbrenner ago, we were given a remarkable gift. Alexander DeLauro Kildee Cannon Kingston Sessions We were given the gift of life itself, as Allen Deutsch Kilpatrick Cantor Kirk Shadegg Andrews Dicks Kind Capito Kleczka a plane was heading this way with the Shaw Baca Doggett Kucinich Case Kline intent to kill all of us. Had they suc- Shays Baird Dooley (CA) Lampson Castle Knollenberg Sherwood ceeded, the institution that we hold so Baldwin Doyle Langevin Chabot Kolbe Shimkus dear, that provides for representation Ballance Edwards Lantos Chocola LaHood Simmons Becerra Emanuel Larsen (WA) Coble Latham on a proportional basis by the citizens Simpson Bell Engel Larson (CT) Cole LaTourette of our areas would have at least tempo- Berkley Eshoo Lee Crane Leach Smith (NJ) rarily perished. Berman Etheridge Levin Smith (TX) Crenshaw Lewis (CA) We have no adequate provisions be- Berry Evans Lewis (GA) Cubin Lewis (KY) Snyder Bishop (GA) Farr Lofgren Culberson Linder Souder fore us today to fill that gap should it Bishop (NY) Fattah Lowey Cunningham Lipinski Stearns happen, but we have no question today Blumenauer Filner Lynch Davis, Jo Ann LoBiondo Sullivan Boswell Ford Majette that we must confront that possibility. Davis, Tom Lucas (KY) Sweeney Boucher Frank (MA) Maloney In an era of nuclear weapons, of terror- Deal (GA) Lucas (OK) Tancredo Boyd Frost Markey DeLay Manzullo Taylor (NC) ists who mean our destruction, we Brady (PA) Gonzalez Marshall Diaz-Balart, L. McCotter Terry must accept our own mortality in Brown (OH) Gordon Matheson Diaz-Balart, M. Thomas Brown, Corrine Green (TX) Matsui McCrery order that we can preserve the immor- Dingell McHugh Thornberry Capps Grijalva McCarthy (MO) Tiahrt tality of this institution we all so cher- Capuano Gutierrez McCarthy (NY) Doolittle McInnis Tiberi ish. Cardoza Hall McCollum Dreier McKeon Turner (OH) Carson (IN) Harman McDermott Dunn McNulty We have had a spirited debate today. Upton Carson (OK) Hefley McGovern Ehlers Mica I lament that we were not all given suf- Vitter Chandler Hill McIntyre English Miller (FL) ficient time to participate, that key Everett Walden (OR) Clay Hoeffel Meehan Miller (MI) amendments were not offered, and that Conyers Holden Meek (FL) Feeney Miller, Gary Walsh Cooper Holt Meeks (NY) Ferguson Moran (KS) Wamp we were not all here for this. I know Costello Honda Menendez Flake Murphy Weldon (FL) well that we have many things to do, Cramer Hooley (OR) Michaud Foley Musgrave Weldon (PA) but this is about the very existence of Crowley Hoyer Miller (NC) Fossella Myrick Weller Cummings Inslee Miller, George Franks (AZ) Nethercutt Wexler the institution. Davis (AL) Israel Moore Frelinghuysen Ney Whitfield Yesterday I had the privilege of Davis (CA) Jackson (IL) Moran (VA) Garrett (NJ) Northup Wicker speaking with many of my colleagues Davis (FL) Jefferson Murtha Gerlach Norwood Wilson (NM) on both sides of the aisle, and I asked Davis (IL) John Nadler Gibbons Nunes Wilson (SC) Davis (TN) Johnson, E. B. Napolitano Gilchrest Nussle Wolf a simple question: Have we, in all sin- DeFazio Kanjorski Neal (MA) Gillmor Osborne Young (FL) cerity and honesty, given enough

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.102 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2333 thought to the measure before us, b 1545 is important to maintain the elected given the gravity of the issue before But if you have not, please vote ‘‘no’’ nature of this House of Representatives us? And many of those colleagues so you can have more time to study even in the case where a catastrophe looked me in the eye and said, frankly, this and discuss it with scholars. occurs. I would urge rejection of the no. And yet today we are moving for- Finally, we have asked and the chair- preferential motion and urge passage of ward towards passage of a bill, which man has agreed, and I am grateful for the bill. well-intentioned, and I do not doubt that, that we explore and debate the Mr. BAIRD. Mr. Chairman, I with- the intentions of the authors of this issue of a constitutional amendment to draw my preferential motion. bill, and there is merit to expediting solve this. But I would beseech the The CHAIRMAN. Without objection, elections, and I appreciate the give and chairman to please not only bring up the preferential motion is withdrawn. take, but, my colleagues, please under- my proposal, give other Members a There was no objection. stand, this bill carries with it a number chance to bring up proposals so the The CHAIRMAN. There being no fur- of problems. issue gets full and fair debate. ther amendments in order, the ques- I believe this bill disenfranchises Mr. SENSENBRENNER. Mr. Chair- tion is on the committee amendment independent voters. I believe it does man, I rise in opposition to the pref- in the nature of a substitute, as amend- not provide for situations in which erential motion. ed. States cannot conduct their elections Mr. Chairman, we have been debating The committee amendment in the in 45 days. I believe it leads to a cha- this matter in the Committee of the nature of a substitute, as amended, was otic process as some States replenish Whole and before that when the rule agreed to. their Members and others have yet to, was adopted for almost 5 hours. It has The CHAIRMAN. Under the rule, the and the leadership of the House become crystal clear that the entire Committee rises. changes. But most importantly of all, thrust of this debate is whether a re- Accordingly, the Committee rose; it leaves us without a Congress. constituted House of Representatives and the Speaker pro tempore (Mr. following a disaster will be comprised LAHOOD) having assumed the chair, Mr. My friends on the other side have of elected Members or temporary ap- SIMPSON, Chairman of the Committee suggested some things which I need to pointments, appointed by somebody, clarify, because I think they are not of the Whole House on the State of the maybe the Governor, maybe the legis- Union, reported that that Committee, fair and they are not accurate. They lature, maybe we ourselves before our have suggested some of us want to take having had under consideration the bill demise. (H.R. 2844) to require States to hold away the rights of citizens to elect The issue of maintaining the people’s special elections to fill vacancies in the their Representatives. It is not true. House I think is the paramount consid- House of Representatives not later Not a single voice in the House of Rep- eration we ought to be giving on this than 21 days after the vacancy is an- resentatives today shared that mes- issue. But even if Members agree we nounced by the Speaker of the House of sage. Instead, we all said we love, and should amend the Constitution to have Representatives in extraordinary cir- would adhere to and would defend to temporary appointments, I think ev- cumstances, and for other purposes, the death the rights of citizens to elect erybody ought to agree we ought to pursuant to House Resolution 602, he their Representatives. have special elections as quickly as reported the bill back to the House But we have also said that no rep- possible so that those who come to re- with an amendment adopted by the resentation at all for a period of 45 place us will arrive with a mandate Committee of the Whole. days is a more grave and egregious in- from the people of our district. sult to the intent of the Framers than So whether or not Members favor a The SPEAKER pro tempore. Under would be temporary appointments in temporary appointment method, which the rule, the previous question is or- some fashion followed by direct elec- I do not, or Members favor keeping the dered. tion. Do not let anyone suggest to you House being solely elected, Members Is a separate vote demanded on the that we want to take away the right to ought to vote for this bill because it amendment to the committee amend- election, but neither imagine that the does allow for the filling of vacancies ment in the nature of a substitute bill today will solve the problem. when 100 or more seats are vacant as adopted by the Committee of the Whole? If not, the question is on the At a time of the most grave crisis in quickly as possible. That is the issue we have before us today, and it is an committee amendment in the nature of the history of our Nation, we would be a substitute. left without a United States Congress. issue which I believe is of paramount importance because, should this Nation The committee amendment in the Go home and look at the Constitution nature of a substitute was agreed to. and tear out Article I. That is the con- be in crisis as a result of a huge num- ber of Members in the House of Rep- The SPEAKER pro tempore. The sequence if we do not take further ac- question is on the engrossment and tion. resentatives being killed in a terrorist attack, the sooner we put the people third reading of the bill. Let me ask this, too. Go home and back in charge with representatives The bill was ordered to be engrossed ask your constituents that if you were elected by the people I think should be and read a third time, and was read the to perish, along with hundreds of our the paramount issue. third time. colleagues today, and a Cabinet mem- Now, the final point I would like to MOTION TO RECOMMIT OFFERED BY MR. WATT ber became the President of the United make is, yes, my committee will mark Mr. WATT. Mr. Speaker, I offer a mo- States, someone they had never elected up and send out to the floor the Baird tion to recommit. and do not even know, and that indi- constitutional amendment at our next The SPEAKER pro tempore. Is the vidual chooses to send their son or markup, and I hope that the leadership daughter to war, would they like to gentleman opposed to the bill? would schedule that as quickly as pos- Mr. WATT. I am, Mr. Speaker, in its have a Representative from their re- sible. I for one will vigorously oppose it gion there to express their views, or present form. because I believe the principle of an The SPEAKER pro tempore. The would they prefer that that seat be va- elected House of Representatives is one cated? That is the issue before us. Clerk will report the motion to recom- that should prevail over everything. mit. I am going to ask my colleagues to The final point I would like Members The Clerk read as follows: vote ‘‘no’’ on this resolution, not be- to consider is if we end up having an cause it is not well intentioned, but be- appointed House of Representatives Mr. WATT moves to recommit the bill H.R. 2844 to the Committee on House Administra- cause we have not adequately given it even temporarily and an appointed tion with instructions to report the same the attention we deserve. If you can Senate and an appointed President, back to the House forthwith with the fol- look yourself in the eye as you put where do the people rule? They do not lowing amendment: that card in that slot and say, I have rule in any of the three branches that In section 26(b) of the Revised Statutes of given 5 hours of study to this resolu- make laws and appropriate the public’s the United States, as proposed to be added tion, 5 hours, then vote your con- money; that is all done by appointed by the bill, add at the end the following new science. positions. And that is why I believe it paragraph:

VerDate mar 24 2004 03:25 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.107 H22PT1 H2334 CONGRESSIONAL RECORD — HOUSE April 22, 2004 ‘‘(5) RULE OF CONSTRUCTION REGARDING FED- 2000 Presidential elections. Does H.R. So I would hope that after the ac- ERAL ELECTION LAWS.—Nothing in this sub- 2844 allow enough time for provisional ceptance of this motion to recommit, section may be construed to affect the appli- ballots to be printed and for other im- we could pass this bill by an over- cation to special elections under this sub- portant provisions of that law to be whelming vote; and I would reach out section of any Federal law governing the ad- ministration of elections for Federal office complied with? The answer is, no. to my friends on the other side of the (including any law providing for the enforce- H.R. 2844 will also undermine the aisle and make that offer and hope that ment of any such law), including, but not Uniformed and Overseas Citizens Ab- they reciprocate. limited to, the following: sentee Voting Act by failing to provide I yield to the distinguished gen- ‘‘(A) The Voting Rights Act of 1965 (42 sufficient time for absentee ballots to tleman from California (Mr. DREIER), U.S.C. 1973 et seq.), as amended. be printed, distributed, and returned chairman of the Committee on Rules. ‘‘(B) The Voting Accessibility for the El- from Americans living abroad. This in- Mr. DREIER. Mr. Speaker, I thank derly and Handicapped Act (42 U.S.C. 1973ee cludes military and diplomatic per- my friend for yielding to me. et seq.), as amended. Mr. Speaker, I would join with the ‘‘(C) The Uniformed and Overseas Citizens sonnel, their families, and other Amer- Absentee Voting Act (42 U.S.C. 1973ff et seq.), icans living abroad. The Department of chairman of the Committee on the Ju- as amended. Defense believes that a minimum of 45 diciary and say that we do truly want ‘‘(D) The National Voter Registration Act days should be allowed from the time to work in a bipartisan way to make of 1993 (42 U.S.C. 1973gg et seq.), as amended. ballots are printed, not from the date sure that the greatest deliberative ‘‘(E) The Americans With Disabilities Act the election is called. Our military body known to man is maintained as of 1990 (42 U.S.C. 12101 et seq.), as amended. men and women are serving our Nation that, and I hope very much that our de- ‘‘(F) The Rehabilitation Act of 1973 (29 all around the world. They should be cision to accept the motion to recom- U.S.C. 701 et seq.), as amended. mit which is being offered in good faith ‘‘(G) The Help America Vote Act of 2002 (42 entitled to participate in our democ- U.S.C. 15301 et seq.), as amended.’’. racy, even in times of crisis. by the gentleman from North Carolina The SPEAKER pro tempore. Pursu- I think we should be sure that every will see us proceed with an over- ant to the rule, the gentleman from law passed by this body to ensure equal whelming vote. North Carolina (Mr. WATT) is recog- protection of voting rights to every cit- Mr. SENSENBRENNER. Mr. Speak- nized for 5 minutes in support of his izen, not just certain Americans, er, I yield back the balance of my time. motion to recommit. should apply to special elections. H.R. The SPEAKER pro tempore (Mr. Mr. WATT. Mr. Speaker, the artifi- 2844 fails to make good on that prom- LAHOOD). Without objection, the pre- cial time frames and deadlines speci- ise. vious question is ordered on the motion fied in H.R. 2844 could make it impos- For these reasons, I offer this motion to recommit. sible to comply with many State and to recommit and ask my colleagues for There was no objection. Federal laws. Consequently, it has the their support based on the proposition The SPEAKER pro tempore. The potential to cause serious violations of that every citizen should be able to question is on the motion to recommit. voting rights and civil rights. To cor- participate in our democracy, espe- The motion to recommit was agreed rect that problem, I rise to offer this cially in times of crisis. to. motion to recommit with instructions. The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Is the The motion to recommit seeks to tleman from Wisconsin (Mr. SENSEN- gentleman from Wisconsin (Mr. SEN- limit the damage posed by H.R. 2844 by BRENNER) is recognized for 5 minutes in SENBRENNER) reporting back on behalf ensuring that nothing in the bill will opposition to the motion to recommit. of the Committee on House Adminis- undercut the requirements of the civil Mr. SENSENBRENNER. Mr. Speak- tration? rights and voting rights laws that this er, I rise in opposition to the motion to Mr. SENSENBRENNER. I am, Mr. Congress enacted and this country has recommit for now, but I am prepared to Speaker, in the absence of the chair- painstakingly honored over the last 40 accept this motion to recommit for a man. years. number of reasons. The SPEAKER pro tempore. The gen- I cannot support a measure that does First of all, I think the motion to re- tleman may proceed. not protect the voting rights of every commit is redundant in that all Fed- Mr. SENSENBRENNER. Mr. Speak- American, including racial and lan- eral laws apply to these special elec- er, pursuant to the instructions of the guage minorities, people with disabil- tions, not just the laws that are enu- House on the motion to recommit, I re- ities, the elderly, and our young men merated to the motion to recommit port the bill, H.R. 2844, back to the and women serving in the military. with instructions that the gentleman House with an amendment. H.R. 2844 jeopardizes those protec- from North Carolina (Mr. WATT) has of- The SPEAKER pro tempore. The tions now afforded to racial and lan- fered, but I want to be much more seri- Clerk will report the amendment. guage minorities under section 5 of the ous in terms of dealing with this. The Clerk read as follows: Voting Rights Act of 1965 by making it How the House is reconstituted fol- Amendment: impossible to provide voting materials lowing a disaster should not be an issue In section 26(b) of the Revised Statutes of to States or political subdivisions with the United States, as proposed to be added of partisan debate. Much of what has by the bill, add at the end the following new more than 5 percent of the citizens of gone on here today has been a partisan paragraph: voting age who are single-language mi- debate; and in accepting this motion to ‘‘(5) RULE OF CONSTRUCTION REGARDING FED- norities and are limited-English pro- recommit, I am reaching out to the ERAL ELECTION LAWS.—Nothing in this sub- ficient within the time frame pre- other side to say let us make the pas- section may be construed to affect the appli- scribed by this legislation. sage of this bill bipartisan because the cation to special elections under this sub- Are these citizens not entitled to par- acceptance of the motion to recommit section of any Federal law governing the ad- ticipate? The Rehabilitation Act of 1973 should make the bill bipartisan. ministration of elections for Federal office and the Americans With Disabilities (including any law providing for the enforce- Act of 1990 sought to empower individ- b 1600 ment of any such law), including, but not And that, coupled with my commit- limited to, the following: uals with disabilities to participate ‘‘(A) The Voting Rights Act of 1965 (42 fully in society. H.R. 2844 will diminish ment to deal with the gentleman from U.S.C. 1973 et seq.), as amended. both laws by not providing sufficient Washington’s (Mr. BAIRD) constitu- ‘‘(B) The Voting Accessibility for the El- time to find facilities to host polling tional amendment, certainly should derly and Handicapped Act (42 U.S.C. 1973ee sites that are accessible to persons show that we are dealing with this et seq.), as amended. with disabilities. These citizens should issue in good faith. And whether one ‘‘(C) The Uniformed and Overseas Citizens be entitled to participate in our democ- supports the gentleman from Washing- Absentee Voting Act (42 U.S.C. 1973ff et seq.), racy even in crisis times. ton’s (Mr. BAIRD) amendment or not, it as amended. In the last term of Congress, we is important, I think, to make sure ‘‘(D) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), as amended. passed the Help America Vote Act of that the replacement representatives ‘‘(E) The Americans With Disabilities Act 2002. The bill passed with bipartisan that are elected are elected and seated of 1990 (42 U.S.C. 12101 et seq.), as amended. support in an effort to address the as soon as humanly possible, and that ‘‘(F) The Rehabilitation Act of 1973 (29 problems brought to light during the is what this bill attempts to do. U.S.C. 701 et seq.), as amended.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.050 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2335 ‘‘(G) The Help America Vote Act of 2002 (42 Lucas (KY) Petri Skelton are advised 2 minutes remain in this U.S.C. 15301 et seq.), as amended.’’. Maloney Pickering Smith (NJ) vote. Mr. SENSENBRENNER (during the Manzullo Pitts Smith (TX) Markey Platts Smith (WA) b 1623 reading). Mr. Speaker, I ask unanimous Marshall Porter Snyder consent that the amendment be consid- Matheson Portman Souder Ms. BERKLEY, Mr. GORDON and Ms. ered as read and printed in the RECORD. McCarthy (MO) Price (NC) Spratt LINDA SA´ NCHEZ of California McCarthy (NY) Pryce (OH) Stearns The SPEAKER pro tempore. Is there McCotter Putnam changed their vote from ‘‘yea’’ to Stenholm McCrery Quinn ‘‘nay.’’ objection to the request of the gen- Stupak McHugh Radanovich tleman from Wisconsin? Sullivan Mr. SPRATT and Mr. LEWIS of Geor- McIntyre Rahall gia changed their vote from ‘‘nay’’ to There was no objection. McKeon Ramstad Sweeney The SPEAKER pro tempore. The McNulty Rangel Tancredo ‘‘yea.’’ Tanner question is on the amendment. Meek (FL) Regula So the bill was passed. Meeks (NY) Rehberg Terry The result of the vote was announced The amendment was agreed to. Mica Renzi Thompson (MS) The SPEAKER pro tempore. The Miller (FL) Reyes Thornberry as above recorded. question is on the engrossment and Miller (MI) Reynolds Tiahrt The title of the bill was amended so Miller (NC) Rodriguez Tiberi third reading of the bill. as to read: ‘‘A bill to require States to Miller, Gary Rogers (AL) Towns hold special elections to fill vacancies The bill was ordered to be engrossed Moore Rogers (KY) Turner (OH) and read a third time, and was read the Moran (KS) Rogers (MI) Turner (TX) in the House of Representatives not third time. Moran (VA) Ros-Lehtinen Udall (CO) later than 45 days after the vacancy is Murphy Roybal-Allard Udall (NM) The SPEAKER pro tempore. The announced by the Speaker of the House Murtha Royce Upton of Representatives in extraordinary question is on the passage of the bill. Musgrave Ruppersberger Vela´ zquez circumstances, and for other pur- The question was taken; and the Myrick Rush Vitter Napolitano Ryan (WI) poses.’’. Speaker pro tempore announced that Walden (OR) Nethercutt Ryun (KS) Walsh A motion to reconsider was laid on the ayes appeared to have it. Neugebauer Sanchez, Loretta Wamp Ney Sandlin the table. Mr. SENSENBRENNER. Mr. Speak- Watt Northup Saxton Weiner f er, on that I demand the yeas and nays. Norwood Schrock Weldon (FL) Nussle Scott (GA) The yeas and nays were ordered. Weldon (PA) PERSONAL EXPLANATION The vote was taken by electronic de- Ortiz Scott (VA) Osborne Sensenbrenner Weller Mrs. JONES of Ohio. Mr. Speaker, I missed vice, and there were—yeas 306, nays 97, Ose Sessions Wexler votes on Thursday, April 22, 2004, due to a Whitfield not voting 30, as follows: Otter Shadegg representational activity. Had I been present, Owens Shaw Wicker [Roll No. 130] Oxley Shays Wilson (NM) the record would reflect that I would have YEAS—306 Pascrell Sherman Wilson (SC) voted: roll 128, Larson No. 1 amendment; Pastor Sherwood Wolf ‘‘aye’’; roll 129, Larson No. 2 amendment, Abercrombie Chandler Green (WI) Paul Shimkus Wu Ackerman Chocola Greenwood Pearce Simmons Wynn ‘‘aye’’; roll 130, Final Passage H.R. 2844 Con- Aderholt Coble Gutknecht Pence Simpson Young (FL) tinuity in Representation Act, ‘‘nay.’’ Akin Cole Hall f Baca Conyers Harman NAYS—97 Bachus Cooper Harris Baker Costello Hart Alexander Hill Obey PERSONAL EXPLANATION Ballance Cox Hastings (WA) Allen Holt Olver Mr. CARTER. Mr. Speaker, during rollcall Ballenger Crane Hayes Andrews Honda Pallone Barrett (SC) Crenshaw Hayworth Baird Hoyer Pelosi votes 126, 127, 128, 129, and 130 I was un- Bartlett (MD) Crowley Hensarling Baldwin Inslee Peterson (MN) avoidably detained. If I had been present, I Barton (TX) Cubin Herger Bell Jackson (IL) Pomeroy would have voted ‘‘yea’’ on rollcall votes 126, Berkley John Bass Culberson Hobson Rohrabacher 127, and 130. I would have voted ‘‘nay’’ on Beauprez Cunningham Hoeffel Berry Johnson (CT) Ross Becerra Davis (FL) Hoekstra Brady (PA) Johnson, E. B. Rothman rollcall votes 128 and 129. Bereuter Davis (TN) Holden Brown (OH) Kaptur Ryan (OH) Clay Kennedy (RI) f Berman Davis, Jo Ann Hooley (OR) Sabo Cramer Kilpatrick Biggert Davis, Tom Hostettler Sa´ nchez, Linda GENERAL LEAVE Cummings Kucinich Bilirakis Deal (GA) Hunter T. Davis (AL) Langevin Bishop (GA) DeFazio Hyde Sanders Mr. NEY. Mr. Speaker, I ask unani- Davis (CA) Larsen (WA) Bishop (NY) DeLay Isakson Schakowsky mous consent that all Members may Davis (IL) Larson (CT) Bishop (UT) Deutsch Israel Schiff have 5 legislative days within which to Blackburn Diaz-Balart, L. Issa DeGette LaTourette DeLauro Lee Serrano revise and extend their remarks and in- Blumenauer Diaz-Balart, M. Istook Slaughter Blunt Doolittle Jefferson Dicks Lucas (OK) clude extraneous material on H.R. 2844. Dingell Lynch Solis Boehner Doyle Jenkins Stark The SPEAKER pro tempore. Is there Bonilla Dreier Johnson (IL) Doggett Majette Dooley (CA) Matsui Strickland objection to the request of the gen- Bonner Dunn Johnson, Sam Tauscher Bono Emanuel McCollum tleman from Ohio? Edwards Jones (NC) Taylor (MS) Boozman Ehlers Kanjorski Eshoo McDermott Thomas There was no objection. Boswell Emerson Keller Evans McGovern Thompson (CA) Boucher Engel Kelly Farr McInnis f Tierney Boyd English Kennedy (MN) Filner Meehan Van Hollen LEGISLATIVE PROGRAM Bradley (NH) Etheridge Kildee Frost Menendez Visclosky Brady (TX) Everett Kind Gonzalez Michaud (Mr. HOYER asked and was given Gordon Miller, George Waters Brown (SC) Fattah King (IA) permission to address the House for 1 Brown, Corrine Feeney King (NY) Grijalva Nadler Watson Brown-Waite, Ferguson Kingston Gutierrez Neal (MA) Waxman minute and to revise and extend his re- Ginny Flake Kirk Hefley Oberstar Woolsey marks.) Burgess Foley Kleczka NOT VOTING—30 Mr. HOYER. Mr. Speaker, I take this Burns Ford Kline time for the purpose of inquiring of the Burr Fossella Knollenberg Boehlert Hastings (FL) Nunes Burton (IN) Frank (MA) Kolbe Cardin Hinchey Payne majority leader the schedule for the Buyer Franks (AZ) LaHood Carter Hinojosa Peterson (PA) following week. Calvert Frelinghuysen Lampson Clyburn Houghton Pombo Mr. DELAY. Mr. Speaker, will the Camp Garrett (NJ) Lantos Collins Hulshof Shuster gentleman yield? Cannon Gerlach Latham Delahunt Jackson-Lee Smith (MI) Cantor Gibbons Leach DeMint (TX) Tauzin Mr. HOYER. I yield to the gentleman Capito Gilchrest Levin Duncan Jones (OH) Taylor (NC) from Texas. Capps Gillmor Lewis (CA) Forbes Millender- Toomey Mr. DELAY. Mr. Speaker, I thank the Capuano Gingrey Lewis (GA) Gallegly McDonald Young (AK) Cardoza Goode Lewis (KY) Gephardt Mollohan distinguished whip for yielding to me. Carson (IN) Goodlatte Linder Mr. Speaker, next week the House Carson (OK) Goss Lipinski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE will convene on Tuesday at 12:30 p.m. Case Granger LoBiondo Castle Graves Lofgren The SPEAKER pro tempore (Mr. for morning hour and 2 p.m. for legisla- Chabot Green (TX) Lowey LAHOOD) (during the vote). Members tive business. We will consider several

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.054 H22PT1 H2336 CONGRESSIONAL RECORD — HOUSE April 22, 2004 measures under suspension of rules. A Mr. DELAY. If the gentleman will all my concerns, Mr. Leader, but I ap- final list of these bills will be sent to yield further, this is a very simple, preciate the information. Members’ offices by the end of this straightforward provision. It is the On those additional items, do you ex- week. Any votes called on these meas- same provision we have carried and pect them as well not to go through ures will be rolled until 6:30 p.m. on passed by this House many times. It is the committee process and be consid- Tuesday. not very complicated. I am advised ered by the committee, but come di- On Wednesday and Thursday, the that the chairman of the committee rectly to the floor? House will convene at 10 a.m. We plan did not feel that he needed to use the I yield to the gentleman. to consider H.R. 4181, which would per- time of the committee to mark up such Mr. DELAY. Mr. Speaker, I appre- manently remove the marriage tax a very simple bill that has been dis- ciate the gentleman yielding further. penalty from the Internal Revenue cussed and debated on this floor many As the gentleman has already found Code. In addition, we expect to con- times, and passed by the House many out, I thought it was being marked up sider a short-term extension of the times. this week and was told differently. I do highway bill, as the current extension Mr. HOYER. I cannot help myself for not know how to answer that question, expires at the end of this month. making this remark, Mr. Leader, but I other than the fact that each bill will Finally, I would like to remind all am not surprised that the chairman of be considered on its own merits by the Members that we do not plan to have the committee feels it would not be Committee on Ways and Means, and votes next Friday, April 30. necessary to go to the committee to they will have to make a decision Mr. HOYER. Ms. Chairman, I appre- ask for approval to have something whether the bill merits a markup or ciate that information. passed out of that committee. We allow it to come straight to the floor. With respect to the transportation Democrats particularly know that that Mr. HOYER. Mr. Leader, the last reauthorization bill, can the leader tell is the case. question I would ask you with respect me for what length of time we will ex- Mr. Leader, we have information that to these tax bills, is it your expecta- tend the existing authorization? leads us to believe that on subsequent tion that the minority will be given Mr. DELAY. Mr. Speaker, if the gen- weeks we are going to be considering the ability to offer a substitute on the tleman will yield further, it is just an the child care tax credit, the 10 percent bill coming up this week, the marriage extension of the authorization. As far tax bracket and possibly AMT. Is that penalty, but as well on the subsequent as length of time, the bill has not been information accurate? bills? written yet, but in the discussions that Mr. DELAY. If the gentleman will I yield to my friend. I have been privy to, I am advised that yield further, as the gentleman knows, Mr. DELAY. I appreciate the gen- it could very well be about 2 months. when we passed the Jobs and Economic tleman yielding further. Mr. HOYER. The same period as we Growth Tax Act last year, we acceler- Of course, I obviously would defer for had on this bill. ated several important provisions from a final decision to the Committee on Mr. DELAY. Yes. Mr. HOYER. I thank the gentleman. the 2001 tax bill. Our goal was to allow Rules, but I imagine, as is our long- With respect to the fiscal 2005 budget more families and more businesses to standing tradition and custom of the resolution, do you expect we might see keep more of their money, thereby en- House procedures, particularly in re- a conference report on the budget next couraging private sector investment gard to tax measures, I would believe week? and consumer spending. These invest- that they would prefer to limit the Mr. DELAY. If the gentleman will ments are driving, we feel, the econ- number of amendments, if any, to limit yield further, based on the feedback omy forward. They are helping create those amendments to germane sub- that I have gotten from the gentleman more than half a million jobs in this stitutes. year alone. from Iowa (Chairman NUSSLE) of the b 1630 Committee on the Budget, I believe Over the next few weeks, I expect the Mr. HOYER. Mr. Speaker, reclaiming that we could very well see the budget House to continue those efforts by con- my time, let us assume the substitute resolution conference report be com- sidering legislation, as the gentleman is germane. Will we be allowed the op- pleted in time so that we could vote on has outlined, that will ensure that fam- portunity to offer a germane sub- it sometime next week. ilies do not face a tax increase next Mr. HOYER. Is the pay-as-you-go year by extending marriage penalty re- stitute? provision still a major stumbling block lief, continuing the new low 10 percent Mr. DELAY. Mr. Speaker, if the gen- in the conference, or does the gen- bracket, extending the $1,000-per-child tleman would yield, again, I would tleman know? tax credit, and I believe the Committee defer that kind of decision to the Com- Mr. DELAY. If the gentleman will on Ways and Means is considering an mittee on Rules; but, obviously, in yield further, I am not privy to the dis- AMT reform. That will be done over most cases that I can remember a tax cussions between the other body and the next several weeks. bill, there have been substitutes to the the House in the conference com- Mr. HOYER. Reclaiming my time, I tax bills as long as they are germane. mittee, so I really cannot answer that take that as a yes. Mr. HOYER. I thank the gentleman question. The gentleman mentioned extending for that observation. Mr. HOYER. With respect to the mar- the $1,000 child tax credit. Do you Lastly, I would say to the leader we riage penalty tax bill, will this bill be think this time we might include those understand this morning that the Na- considered in the Committee on Ways families that are making less than tional Security Adviser Condoleezza and Means? $26,000 on this go-around? That has Rice briefed the Republican Con- Mr. DELAY. The marriage penalty been pending for many, many months ference. I want to say that we have bill, yes, will be marked up by the now, and, seeing as how you mentioned been offered the opportunity to have Committee on Ways and Means, I be- it, I thought I might inquire as to the National Security Adviser brief the lieve. whether or not we might finally in- Democratic Caucus. I think we will I am being corrected, and I appre- clude the poorest working Americans take advantage of that. But, Mr. Lead- ciate the correction. I think it is not in the benefit that has been extended er, clearly the present situation in Iraq going to be marked up by the Com- to those that are doing a little better. is not what any of us would want. mittee on Ways and Means. It is com- I yield to my friend. During the course of this effort in ing straight to the floor. Mr. DELAY. Mr. Speaker, I appre- Iraq, and immediately before it, we had Mr. HOYER. Reclaiming my time, ciate the gentleman yielding. I cannot briefings on this floor. Secretary the reason I asked the question, obvi- prejudge what the Committee on Ways Rumsfeld and from General Myers, ously, is members of the Committee on and Means might decide to do on that from Deputy Secretary Wolfowitz, from Ways and Means had not heard about particular bill, but I have a feeling that Mr. Tenet, the Director of the CIA, marking up that bill. Is there some if this bill became law, the gentleman’s from Mr. Mueller of the FBI, numerous reason we are not pursuing the regular concerns would all be taken care of. others. And we came together as Re- order and having that bill reported Mr. HOYER. I doubt that there is any publicans and Democrats and had the back out of the committee? bill that can pass that will take care of opportunity to be briefed. We had the

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.114 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2337 opportunity together to ask questions. service when the Black Hawk went HOUSE OF REPRESENTATIVES, Some of those, as my colleague knows, down in Mogadisho, Somalia. And as OFFICE OF THE DEMOCRATIC LEADER, were in closed session because we dis- you may recall, it was extraordinary. I April 21, 2004. cussed security information. think we must have had 350 of our Hon. J. , Speaker of the House, I want to say to my friend that we Members in HC–5 in which Secretary House of Representatives, Washington, DC. were disappointed that we did not do Christopher and Secretary Aspin came DEAR MR. SPEAKER: Pursuant to section that this morning. Both of our cau- and reported to us on the situation on 637(d)(1) of the HELP Commission Act (P.L. cuses are partisan; they represent par- the ground. 108–199), I hereby appoint Mr. Lynn C. Fritz ties. We were disappointed that this I understand what my colleague is of California, Mr. C. Payne Lucas of Wash- briefing was given on a partisan basis. saying, and he certainly has that right; ington, D.C. and Mr. Jeffery D. Sachs of New We do not think that is in the best in- but I think that the fact that we can York, to the Helping To Enhance The Liveli- terest of the country; we do not think meet together to get information to- hood Of People (HELP) Around The Globe Commission. it is in the best interest of this Con- gether so that we are all getting the Best regards, gress. same information and hear one an- . Mr. Leader, I would urge you to, on other’s questions, hear one another’s behalf of your leadership, join with us concerns, which reflect the concerns of f in assuring that, A, we have a number the 280 million Americans, many of SENATOR KERRY HAS THE of bipartisan briefings from the prin- whom have young people overseas, and SUPPORT OF VETERANS cipals involved as to what is going on. some, as he knows, because he has met (Mr. SMITH of Washington asked and Our public is concerned, my colleague’s with them as I have that are not so was given permission to address the people, my people, very concerned young in the National Guard and Re- House for 1 minute and to revise and about what is happening to our troops, serve, we think it would be useful to do extend his remarks.) very concerned about our success in that in a bipartisan way together so Mr. SMITH of Washington. Mr. Iraq. I say that, as my friend knows, as that we could all hear the same infor- Speaker, throughout this Presidential one of those who supported the effort, mation and therefore be able to work campaign, we have heard from the Re- supported the funding of this effort. together to assist in solving what is a publicans repeatedly that they will not But all of us have to be concerned very difficult problem, ensuring to the question Senator KERRY’s patriotism. about the situation. greatest extent we can the safety of So I would ask the leader if he might We all figured that was an empty our people and the success of our mis- promise, but it has been proven true in comment on the fact that we have his- sion. torically had under Democratic leader- the well of this House this morning. But I thank the gentleman for his ob- Several Republican Members came ship, Republican leadership, bipartisan servations. briefings. I would hope that we could up and directly called into question Senator KERRY’s patriotism based on continue to have such. As I say, I think f it is in the best interest of the country. his objections to the Vietnam War. And Mr. DELAY. Mr. Speaker, I appre- beyond that, we have even heard Re- ADJOURNMENT TO MONDAY, ciate the gentleman yielding. I can ap- publicans out on the airwaves ques- APRIL 26, 2004, AND HOUR OF preciate his disappointment, but I need tioning his service in Vietnam. MEETING ON TUESDAY, APRIL to point out to the gentleman that this I do feel that there are many more 27, 2004 is not limited to Republicans. The gen- important issues in this campaign that tleman has already said that Dr. Rice Mr. DELAY. Mr. Speaker, I ask unan- are legitimate to talk about. Senator would gladly brief his caucus. Just as imous consent that when the House ad- KERRY has unbelievable support from the President meets with bipartisan journs today it adjourn to meet at veterans in this country. All 50 States leadership, he has meetings with bipar- noon on Monday, April 26, 2004; and fur- have veterans for Kerry organizations tisan Members of Congress, he also has ther, when the House adjourns on that that are strong and hard-working to meetings with Republicans. And he has day, it adjourn to meet at 12:30 p.m. on support the Senator and, perhaps most on occasion had meetings with Demo- Tuesday, April 27, for morning hour de- tellingly, are the people who served crats. This is not limiting or closing bate. with him in Vietnam. All of those peo- out anybody. It is just in this par- The SPEAKER pro tempore (Mr. ple are supporting Senator KERRY re- ticular case we invited the NSC direc- LAHOOD). Is there objection to the re- gardless of their political stripes. Many tor to speak to the Republican Con- quest of the gentleman from Texas? are taking large chunks of personal ference. There was no objection. time to go around and be supportive of We have had and have notified your him. leadership that bipartisan briefings f His record in Vietnam and his record will be held by the NSC director as bi- afterwards should not be questioned, partisan meetings, as the gentleman DISPENSING WITH CALENDAR and it is being questioned by the Re- has pointed out, have been held by the WEDNESDAY BUSINESS ON publicans. I think Senator MCCAIN said Secretary of Defense, the Chiefs of WEDNESDAY NEXT it best some time ago when asked Staff, the CIA, and many, many others. about this and asked about Senator Mr. DELAY. Mr. Speaker, I ask unan- It is just an added briefing that we felt KERRY’s protest against the war. He imous consent that the business in said that Senator KERRY’s service in we wanted to have. And certainly, the order under the Calendar Wednesday NSC director made sure that the same Vietnam fighting for our country more rule be dispensed with on Wednesday than gave him the right to protest the courtesy was paid to the Democratic next. Caucus, and she is more than willing to war if he thought it was wrong. The SPEAKER pro tempore. Is there Senator KERRY honorably served this come before the Democratic Caucus. objection to the request of the gen- No one is trying to be shut out, but country in Vietnam, volunteered to tleman from Texas? serve, volunteered for combat duty, there are times when our caucus wants There was no objection. to talk to this administration and we and he honorably upheld the traditions ought to be allowed to do that as long of this country when he came home f as we get briefings and open briefings and pursued his personal convictions to in a bipartisan way as well. oppose the war. We should recognize Mr. HOYER. Mr. Speaker, I thank COMMUNICATION FROM THE HON- that service. ORABLE NANCY PELOSI, DEMO- the gentleman for that comment. I un- f derstand his observation. The gen- CRATIC LEADER tleman will remember one of the most The SPEAKER pro tempore laid be- ANNOUNCEMENT BY THE SPEAKER wrenching in which I partici- fore the House the following commu- PRO TEMPORE pated was a bipartisan caucus after we nication from the Honorable NANCY The SPEAKER pro tempore (Mr. tragically lost those 18 members of the PELOSI, Democratic Leader: BURNS). The gentleman will refrain

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.116 H22PT1 H2338 CONGRESSIONAL RECORD — HOUSE April 22, 2004 from making improper references to in- morning, the Republicans would revive is awarded a second Purple Heart. Feb- dividual Senators. the controversy of the war in Vietnam, ruary 28, 1969, pursues a Viet Cong f yet they are unwilling to meet the fighter, kills him and retrieves a rock- commitment to the veterans of that et launcher, awarded a Silver Star. AMERICANS NEED JOBS war who are still waiting for the bene- March 1969, a mine detonates the boat, (Mr. RYAN of Ohio asked and was fits they were promised. They will at- wounding him in the right arm. He is given permission to address the House tack veterans of the war, and they will awarded a third Purple Heart. He is for 1 minute and to revise and extend not help the veterans of the war in the also awarded a Bronze Star for saving a his remarks.) way we promised when they went to crew member. Mr. RYAN of Ohio. Mr. Speaker, an- war. As my colleagues have pointed out, other week has gone by in the United They have not yet repealed the dis- Republicans came to this floor today to States Congress, and nothing has been abled veterans tax. They are sup- attack JOHN KERRY’s military record. done with unemployment benefits for porting $1 billion less than we need to Shame on them. JOHN KERRY honors unemployed workers throughout this provide health care. The President is our men and our women in uniform. He country; 2 million to 3 million workers proposing to double the prescription honors the principles upon which this still do not have work. Thousands in drug cost for our veterans. And yet great Nation was founded. There are the State of Ohio are losing their un- they have the temerity to attack a dis- those who serve in the Republican side employment benefits every single day. tinguished veteran of that war, one of this aisle who would do well to take And we sit here and we want to take who has also voted to meet the com- heed and give honor to someone who pot shots at different Members of this mitments to the veterans of that war served so well this great country of body, different members of the Senate, and the veterans who are coming home ours. candidates for President. today. But they are not willing to pay f The real issues today are people do that bill, they are just willing to at- KERRY, A DECORATED WAR HERO not have any place to go to find work. tack. Those people that did have work have f (Ms. SCHAKOWSKY asked and was lost their jobs, and they are looking for given permission to address the House unemployment benefits to feed their NO BOUNDARIES for 1 minute.) families. They want to send their kids (Mr. BELL asked and was given per- Ms. SCHAKOWSKY. Mr. Speaker, I to school. We have no manufacturing mission to address the House for 1 was actually baffled to hear that some program in this country. We are bleed- minute and to revise and extend his re- of my colleagues came to the floor this ing jobs every day. marks.) morning to criticize JOHN KERRY in his We better get our act together in the Mr. BELL. Mr. Speaker, are there no capacity as an enlisted soldier and war Congress. I think it is time for a boundaries? veteran. JOHN KERRY, the highly deco- change. I think we need to focus on rated hero, recipient of the Silver Star, b 1645 what is most important here and what Bronze Star, three Purple Hearts, Com- our job is here, and that is to take care Earlier today several Republicans bat Action Ribbon, Navy Presidential of the American people. came to the floor of this House of Rep- Unit Citation, Navy Unit Commenda- f resentatives to attack the military tion Ribbon, National Defense Service record of Senator JOHN KERRY, to at- Medal, Vietnam Service Medal and the CALLING SENATOR KERRY ‘‘HANOI tack the military record of an indi- Vietnam Campaign Medal, that JOHN JOHN’’ IS SHAMEFUL vidual whose medals alone would take KERRY was blasted and accused of (Mr. STRICKLAND asked and was almost all of my allotted time to being unpatriotic for being critical of given permission to address the House name, to attack the military record of the Commander-in-Chief during the for 1 minute and to revise and extend a man who risked his very young life Vietnam War. his remarks.) for his country in Vietnam and was I am baffled that my colleagues Mr. STRICKLAND. Mr. Speaker, wounded on three different occasions, a would even choose to go there because something happened on the floor of the man who risked his life to save others; our current Commander-in-Chief has, House this morning that in my judg- and then when we he came home to the what can I say, a less than heroic mili- ment is shameful, shameful, because United States, decided he was not fin- tary career, and the majority of the the record of an American hero who ished saving lives. Instead, he decided Americans are more than a little con- shed his blood, who earned three Pur- to stand with thousands of other Amer- cerned about a President who has sent ple Hearts, a Silver Star, and a Bronze icans and question a war that had our soldiers into battle without an exit Medal was referred to on the floor of clearly lost direction. strategy, without a post-Saddam plan this House as ‘‘Hanoi John.’’ Is that JOHN KERRY’s appearance before the and without body armor. what we have come to in this House? Senate Committee on Foreign Rela- f I would remind those listening that tions back then was a turning point in when the President of the United the debate on Vietnam, and he showed DANGEROUS DUTY FOR KERRY States found some reason not to show the same level of patriotism by taking (Mr. PALLONE asked and was given up for his responsibilities and when that stand here at home as he did with permission to address the House for 1 Vice President CHENEY said he had his act of bravery in Vietnam. To at- minute.) other responsibilities during the Viet- tack him in this manner is simply Mr. PALLONE. Mr. Speaker, JOHN nam War, it was Senator JOHN KERRY shameful. But I guess in this day and KERRY volunteered for service in the who took the bullets for this country age of politics, there are no boundaries, Navy during the Vietnam War where he and for us and our freedoms. and regretfully we should not be sur- served as skipper on a swift boat that Shame on those, shame on those who prised. patrolled the Mekong Delta. Navy Ad- would denigrate the record of a true f miral Elmo Zumwalt, who devised Op- American hero. eration Sea Lord, calculated in his bi- KERRY, HIGHLY DECORATED f ography that swift boat sailors had a 75 VETERAN percent chance of being killed or REPUBLICANS ARE UNWILLING TO (Ms. DELAURO asked and was given wounded during a typical war. Under MEET THE COMMITMENT TO permission to address the House for 1 Sea Lord, swift boat duty was one of VETERANS minute and to revise and extend her re- the most dangerous duties you could (Mr. DEFAZIO asked and was given marks.) draw in the entire U.S. Navy. KERRY permission to address the House for 1 Ms. DELAURO. Mr. Speaker, Decem- was wounded three times in Vietnam, minute and to revise and extend his re- ber 1968, JOHN KERRY gets wounded in received three Purple Hearts for those marks.) the arm. He is awarded the Purple injuries. He was also awarded a Silver Mr. DEFAZIO. Mr. Speaker, by at- Heart. February 1969, KERRY is wound- Star and a Bronze Star for his actions tacking JOHN KERRY’s war record this ed again, shrapnel in the left thigh. He in combat.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.119 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2339 In addition to the individual awards This Earth Day this administration licans openly hint about that may for bravery, KERRY’s unit was awarded has launched a full frontal assault on harm or kill whales, porpoises and dol- the Presidential Unit Citation Ribbon the environment. The assaults include phins. by President . the air we breathe, the water we drink, No one and nothing is safe from the I could go on, but I have to say I am the land we cherish, the fish in the sea undisclosed war of this President on ashamed to hear the statements that and the people themselves. the environment. Now, whales cannot are being made by Republicans, by my I am a doctor. My medical training vote, but we can. Porpoises cannot colleagues on the other side, talking and experience taught me you have to vote, but we can. Dolphins cannot vote, about Senator KERRY, who served so treat illness by curing the problem, not but we can. Children cannot vote, but honorably, who was a decorated vet- by treating the symptoms. This admin- we can. Lakes and streams cannot eran. And if he decided that he wanted istration does neither. We could write a vote, but we can. The Arctic National to question the Vietnam War after prescription, but it will not be filled Wildlife Refuge cannot vote, but we serving in it, that was his right as an while this President is in office. can. The water, the air, and the Earth American. Air pollution shortens the lives of cannot vote. We must vote on their be- f thousands of Americans, and air pollu- half. tion worsens the lives of millions more. This is Earth Day. Sadly, the Earth PRAISE KERRY Breathing polluted air is bad enough is in grave danger, much greater than (Ms. EDDIE BERNICE JOHNSON of when you are in good health. It can be it was in 1970s when this first was put Texas asked and was given permission catastrophic when you suffer from any on the calendar. We know who was re- to address the House for 1 minute and one of a number of respiratory ill- sponsible, and we know why. It is all to revise and extend her remarks.) nesses. about money, about greed. Energy pro- Ms. EDDIE BERNICE JOHNSON of When I was a kid, I had asthma. It is ducers are saying, we cannot clean up Texas. Mr. Speaker, JOHN KERRY did a respiratory illness which can clog or the air. serve his country honorably in Viet- even close the bronchial tubes which In the President’s own State, the nam and stood up with many Ameri- carry air to the lungs. In other words, major city is one of the most polluted cans to question a war that had lost asthma can impair the ability to in the country. When he was Governor, purpose and was losing many American breathe. In severe cases, asthma can be he did nothing. When he is President, lives. life-threatening and require immediate he does nothing. Houston might as well JOHN KERRY’s speech played an im- medical attention. An asthma attack not have a President or a Governor. portant role in moving the debate from can be triggered by smoke and by envi- We must save the planet before it is the streets to the floor of the Senate. ronmental pollution. And we have seen too late, and the sand is quickly flow- The Nixon administration was not re- the enemy, and it is the administra- ing out of the hour glass. Today is the sponding to the changes in the war in tion. day we decide to vote for the planet Vietnam and was deceiving the Amer- The environmental pollution this ad- and vote this President out of office in ican people about the war. ministration has let loose on America November. KERRY’s testimony saved lives. saves the polluters millions of dollars, f KERRY and other veterans who but costs individual Americans dearly. CHILD ABUSE PREVENTION MONTH marched in D.C. in 1971 exercised the Do not take my word for it. Ask any- same patriotism that drove them to one with asthma or any other person The SPEAKER pro tempore. Under a serve their country in the battle in with a respiratory condition in this previous order of the House, the gen- Vietnam. They had fought for liberty country. tleman from Pennsylvania (Mr. MUR- and freedom of expression for the Viet- Respiratory problems are just one PHY) is recognized for 5 minutes. namese, and they returned to the area of medicine impacted severely and Mr. MURPHY. Mr. Speaker, April is United States to stand up and be heard. negatively by pollution. There are oth- Child Abuse Prevention Month. It is an His actions should be praised, not ers, from skin disease, to chronic al- important time to focus on how we can scorned. lergy, to a host of medical problems deal with this painful and preventable scourge on America’s children. f hurting Americans, young and old. Pol- luters have poisoned water supplies. It is estimated that a staggering MESSAGE FROM THE PRESIDENT They have contaminated rivers and 896,000 children were neglected or A message in writing from the Presi- streams. And worst of all, they are get- abused in the United States in 2002, ap- dent of the United States was commu- ting away with it. They are changing proximately 12 out of every 1,000 chil- nicated to the House by Ms. Evans, one the rules. dren. In 2001, there were 1,300 deaths of his secretaries. This country is more in danger at 5 from neglect or abuse, but some esti- f o’clock on Friday than at any other mate that half the deaths from neglect time environmentally during the week go unrecorded. And although cases of SPECIAL ORDERS because that is when the administra- abuse have dropped slightly since the The SPEAKER pro tempore (Mr. tion puts out the new regulations 1990s, the number has remained alarm- BURNS). Under the Speaker’s an- under the radar, no press conference, ingly steady in recent years. Most nounced policy of January 7, 2003, and no anything, just give the polluters an times the abuse is from a parent, and under a previous order of the House, open door. They invite them to secret there is abuse at all income levels. the following Members will be recog- meetings to craft America’s energy The effects go far beyond the imme- nized for 5 minutes each. policy. This administration does not diate and obvious impact. There are f look the other way. Instead they hold long-term consequences that include fund raisers. developmental delays, learning dis- BUSH’S WAR ON ENVIRONMENT The President cannot remember orders, aggressive behavior and depres- The SPEAKER pro tempore. Under a making a mistake the other day on tel- sion. Now, these consequences do not previous order of the House, the gen- evision. I cannot remember the Presi- just affect the individual, but they ef- tleman from Washington (Mr. dent doing anything right about the fect society as a whole. Survivors are MCDERMOTT) is recognized for 5 min- environment. The record is that abys- at a greater risk later in life to abuse utes. mal. And unless we change administra- their own children. Mr. MCDERMOTT. Mr. Speaker, we tions this November, it will only get State, Federal, and local govern- see the Iraq war in the newspapers worse. ments, human service agencies, every morning and on the television In my home State of Washington, it schools, faith-based groups and health every evening, but we are not seeing takes committed local organizations care facilities have a stake in helping reports on the administration’s like the People for Puget Sound and to prevent child abuse. These groups undeclared war on the environment. others to monitor the regulators. In can all work together with combined It is a war. It is being fought on our my home State of Washington, we now resources to improve protective factors own soil, and the polluters are winning. fear new environmental actions Repub- such as parenting skills and attitudes.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.121 H22PT1 H2340 CONGRESSIONAL RECORD — HOUSE April 22, 2004 At the same time by working together We owe our children nothing less special recognition this Earth Day in they can reduce risk factors such as than the right to feel safe in their own the form of an environmental aware- parent depression, caregiver stress and homes with their own parents. It is a ness award from the League of Women children’s behavior problems. These duty that is a responsibility and a Voters, and Trammel Crow who back risk factors are critically important moral obligation that we all share. We over the years planted many trees back because they can precipitate the rage must do our part here in Washington. along the highways. that leads to abuse. I call upon all Americans to take an In 1963 following President Kennedy’s It is well worth noting that this is active role, to open their hearts to death, the Nation was reminded of his not just a problem of poverty, but all America’s hurting children. I call upon words he had spoken the year before: walks of life. This is not the family in all Members of Congress to recognize ‘‘Never have the nations of the world the other part of town. This is our that of all the things we do, of all the had so much to lose, or so much to neighbors next door, down the street, things we do, stopping the pain, stop- gain. Together we can save our planet, or around the corner. This is not some- ping the rage against our innocent or together perish in its flames. Save it one else’s problem. This is all of our children could indeed be the most cou- we can, and save it we must.’’ We must problem. rageous and noblest task of all. ensure that diversity of life on Earth Now, there have been positive accom- and enrich the quality of life now and plishments by those who work at the f The SPEAKER pro tempore (Mr. for future generations. Federal level, notably passage of the Today, however, many of the envi- Child Abuse Prevention and Treatment BURNS). Under a previous order of the House, the gentleman from Maryland ronmental gains of the past 34 years Act, but we cannot solve the problems are under attack or have been rolled of child abuse by laws alone. And there (Mr. WYNN) is recognized for 5 minutes. (Mr. WYNN addressed the House. His back. The Clean Air Act and the Clean is an alarming lack of coordination Water Act have been weakened. EPA among the Federal agencies that are remarks will appear hereafter in the Extensions of Remarks.) enforcement funds have been cut. The already in place to prevent and treat ‘‘polluter pays’’ principle for cleaning victims of abuse. When one considers f up toxic waste sites has been aban- the fact that there are 33 offices, agen- doned. Mining and logging on public cies and bureaus in the Federal Gov- EXCHANGE OF SPECIAL ORDER lands have increased, protection from ernment that deal with child abuse, TIME wilderness areas has been removed, and added to the fact that there are a stag- Ms. EDDIE BERNICE JOHNSON of attempts are being made to open up gering 46 separate streams of funding, Texas. Mr. Speaker, I ask unanimous the Arctic National Wildlife Refuge for it is a wonder that anything gets ac- consent to replace the gentleman from oil drilling and weaken protections for complished. Maryland (Mr. WYNN), the next speak- the California coast. The old cliche, the left hand does not er. Mr. Speaker, Texas is already the Na- know what the right hand is doing, The SPEAKER pro tempore. Is there tion’s mercury hot spot, and our chil- may well fit here. objection to the request of the gentle- dren should not be suffering from the The Federal Government cannot sin- woman from Texas? toxic exposure. Texas leads the Nation gle-handedly stop child abuse, but it There was no objection. can provide valuable tools to assist in mercury pollution from coal plants. f those working to save our families and Nineteen coal-burning plants spew out our children. Right now, however, the EARTH DAY nearly 9,000 pounds of toxic mercury per year in Texas. Coal waste contains system is splintered, disjointed and The SPEAKER pro tempore. Under a sometimes ineffective. mercury that can leach into the water- previous order of the House, the gentle- ways as well. Utilities, the largest b 1700 woman from Texas (Ms. EDDIE BERNICE source of mercury, 34 percent, are the Next month the Committee on Gov- JOHNSON) is recognized for 5 minutes. only industry unregulated for this dan- ernment Reform will hold important Ms. EDDIE BERNICE JOHNSON of gerous pollutant. hearings on cleaning up the Federal Texas. Mr. Speaker, I rise today to rec- I consider environmental protection Government’s approach to preventing ognize and celebrate the 34th annual to be a national priority. I pledge to and treating child abuse; but with a celebration of Earth Day. I have a work with my colleagues to ensure the steady 900,000 cases per year, despite long-standing commitment to con- preservation of our natural resources the millions and millions and millions servation and environmental protec- and the protection of the public’s spent by the Federal, State and local tion, as well as to peace and justice; health. Today, as we celebrate Earth government, it is clear the current ap- and I am pleased to join in today’s Day, let us reaffirm our commitment proach is failing. celebration. to a cleaner and more peaceful world. We must streamline these agencies Earth Day festivities take place all and funding streams. We cannot just across the country. I would like to pay f preach a proactive approach to stop- special tribute to my constituents in ping child abuse. We must also set the Dallas, Texas, who are so active in SCIENCE AND ENGINEERING INDI- example. The most direct way to end their support of environmental issues. CATORS 2004 REPORT—MESSAGE child abuse is to stop it before it starts. I would like to give special recogni- FROM THE PRESIDENT OF THE Prevention and early intervention is tion to TXU under the leadership of UNITED STATES the key. Mr. Earl Ney, who has shown a great The SPEAKER pro tempore laid be- Community-based programs have deal of sensitivity in correcting many fore the House the following message shown positive improvements by uti- of the environmental damaging fumes from the President of the United lizing a proactive approach that in- from their electrical power plans, and States; which was read and, without cludes improving parenting skills and to Mr. Stavely of Irving, Texas, who objection, referred to the Committee attitudes, as well as reducing risk fac- led the dry cleaning industry into tak- on Science: tors such as parental depression, care- ing a responsible position of estab- To the Congress of the United States: giver drug use, caregiver stress, and lishing a State fund to share in clean- Consistent with 42 U.S.C. 1863(j)(1), I children’s behavior problems. Presi- ing up industrial waste. transmit herewith a report prepared dent Bush’s fiscal year budget proposal The city of Dallas will recognize for the Congress and the Administra- shows a commitment to helping our Earth Day on Friday with a celebra- tion by the National Science Board en- children by doubling funding for two tion of live entertainment and edu- titled, ‘‘Science and Engineering Indi- critical funding programs, money that cational exhibits. I would like also to cators—2004.’’ This report represents provides funds to States. pay tribute to Bonnie Bowman, a north the sixteenth in the series examining It is also imperative that we stream- Texan, who has championed a host of key aspects of the status of science and line the Federal system and ensure environmental causes from clean air engineering in the United States. that money being spent is utilized ef- and water to recycling and tree preser- GEORGE W. BUSH. fectively in programs that work. vation. Those efforts have garnered her THE WHITE HOUSE, April 22, 2004.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.123 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2341 HONORING SPECIALIST JUSTIN tleman from Michigan (Mr. CONYERS) is timetable in the Annan plan and are JOHNSON recognized for 5 minutes. forced to deal with the fact that Turk- The SPEAKER pro tempore. Under a (Mr. CONYERS addressed the House. ish troops will remain in Cyprus for- previous order of the House, the gen- His remarks will appear hereafter in ever with Turkey having the unilateral tleman from Georgia (Mr. GINGREY) is the Extensions of Remarks.) right to intervene at any time. recognized for 5 minutes. f I am afraid, Mr. Speaker, the final Mr. GINGREY. Mr. Speaker, today I The SPEAKER pro tempore. Under a Annan plan gives Turkey too much op- rise to pay tribute to the life of a true previous order of the House, the gen- portunity to either delay or not imple- American hero, Specialist Justin John- tleman from Indiana (Mr. BURTON) is ment critical property and security son from Floyd County, Georgia. Spe- recognized for 5 minutes. issues in the years to come. cialist Johnson was killed in action on (Mr. BURTON of Indiana addressed When I met with the Secretary Gen- April 10, 2004, when he was hit by the House. His remarks will appear eral, I strongly recommended that the shrapnel from a roadside bomb in Iraq. hereafter in the Extensions of Re- U.N. maintain a presence on the island He is the first soldier from Floyd Coun- marks.) as long as the Turkish Army remains. ty to fall in our effort to free the Iraqi The Secretary General assured me that f people. U.N. forces would remain on Cyprus for Like countless others after 9/11, Jus- The SPEAKER pro tempore. Under a a considerable amount of time, but his tin felt called to serve and protect his previous order of the House, the gen- final plan allows Turkish troops to country, so he enlisted in the Army. tleman from California (Mr. FILNER) is stay indefinitely without an inter- Prior to enlisting in the Army, Justin recognized for 5 minutes. national presence; and I find this sim- worked construction with his father, (Mr. FILNER addressed the House. ply unacceptable. I am extremely wor- Joe, who was himself a retired soldier. His remarks will appear hereafter in ried about the actions Turkish troops By enlisting, Justin proudly followed the Extensions of Remarks.) might take with the absence of a neu- in the footsteps of his father and his f tral international presence to keep older brother, Josh, who is currently EXCHANGE OF SPECIAL ORDER them in line. I am also concerned that stationed at Fort Bragg, North Caro- TIME Turkey will not abide by the final lina. Like his father, Justin was a for- agreement and its troops will con- ward artillery observer. Mr. PALLONE. Mr. Speaker, I ask to tribute to further instability and inse- On April 10 Justin had only been in take the time of the gentleman from curity. Baghdad 8 days when he was riding California (Mr. FILNER). Over the next couple of weeks, the gunner on a Humvee and paid the ulti- The SPEAKER pro tempore. Is there people of Cyprus will carefully analyze mate price. His mother received word objection to the request of the gen- this plan and determine if it provides of his death when she returned home tleman from New Jersey? the best framework for the island na- from church on Easter Sunday and just There was no objection. tion to enter the European Union 2 weeks after undergoing major sur- f united. This is their decision alone, and gery. The news came to her as her hus- CYPRUS outside forces should not attempt to band, Justin’s father, was joining a Na- scare or threaten them into voting a tional Guard unit in Washington State The SPEAKER pro tempore. Under a certain way. Whatever the outcome, it that was preparing to deploy to Iraq so previous order of the House, the gen- is important the international commu- as to be with his son in the defense of tleman from New Jersey (Mr. PALLONE) nity and the United States honor that our Nation. As they had earlier on the is recognized for 5 minutes. decision and work to ensure Cyprus’s construction site, Justin and his father Mr. PALLONE. Mr. Speaker, 2 days future remains bright. would have worked together, worked in from now the people of Cyprus will the rebuilding of Iraq and assuring take a historical vote on the future of f their freedom and protecting the world their country, voting on a referendum The SPEAKER pro tempore. Under a from terrorism. finalized several weeks ago by U.N. previous order of the House, the gen- I recently had the opportunity to Secretary General Kofi Annan. tleman from North Carolina (Mr. visit with Mr. and Mrs. Johnson, and I Secretary General Annan has dedi- JONES) is recognized for 5 minutes. was moved by their reaction to this cated a great deal of time over the past (Mr. JONES of North Carolina ad- tragic event. When I spoke to them, all couple of years to finally resolving the dressed the House. His remarks will ap- they could say was that their loss had 30-year Cyprus problem. He has been pear hereafter in the Extensions of Re- only made them more resolute in their extremely patient in dealing with the marks.) conviction about the rightness of this intransigence of Turkish-Cypriot lead- f war; and Mrs. Johnson was especially er Rauf Denktash, intransigence that The SPEAKER pro tempore. Under a vocal about how America’s efforts have continues to this day. previous order of the House, the gentle- given her, and all Americans, a free- Having met with the Secretary Gen- woman from the District of Columbia dom from fear. Mr. and Mrs. Johnson eral last month, I have no doubt that (Ms. NORTON) is recognized for 5 min- remain firm in their support of Presi- he understands the concerns of both utes. dent Bush’s stand in Iraq and declared the Greek Cypriots and the Turkish (Ms. NORTON addressed the House. that he is a ‘‘true man of God.’’ Cypriots; but unfortunately, his final Her remarks will appear hereafter in At Specialist Johnson’s funeral, plan unfairly benefits the Turkish side the Extensions of Remarks.) when a bugler began to play taps and and does not achieve the goal of truly f the honor guard fired a rifle volley, Joe reunifying the island nation. Johnson saluted his son for the last Mr. Speaker, I have serious reserva- ORDER OF BUSINESS time as they laid him to rest. Justin tions about the final Annan plan be- Ms. WOOLSEY. Mr. Speaker, I ask was posthumously awarded a Purple cause it forces the Cypriot people to unanimous consent to speak out of Heart and a Bronze Star for his heroic put too much faith in the Turkish Gov- turn. service. ernment. When Cypriots go to the vot- The SPEAKER pro tempore. Is there Mr. Chairman, this is a proud Amer- ing booth on the 24th, they are forced objection to the request of the gentle- ican family giving all that they have to to take the Turkish Government at its woman from California? their country and more. Mr. and Mrs. word that the Turkish parliament will There was no objection. Johnson are to be commended and hon- ratify the treaty. The Cypriots are f ored for their sacrifice, and my forced to take the Turkish Government thoughts and prayers remain with at its word that occupied land will be SMART SECURITY them as they endure this difficult time. returned to its rightful owners 3 to 5 The SPEAKER pro tempore. Under a f years down the line, and the Cypriots previous order of the House, the gentle- The SPEAKER pro tempore. Under a are forced to believe that Turkey will woman from California (Ms. WOOLSEY) previous order of the House, the gen- remove its troops according to the is recognized for 5 minutes.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.127 H22PT1 H2342 CONGRESSIONAL RECORD — HOUSE April 22, 2004 Ms. WOOLSEY. Mr. Speaker, over 700 funding all Army peacekeeping units I am second-generation American. Americans have given their lives for devoted to studying and preparing for My grandparents walked across Europe the war in Iraq, a conflict with no end future peacekeeping missions. SMART to come to this country. My mother’s in sight. That number does not take would develop a real strategy for en- side of the family comes from Sa- into consideration the report the Pen- ergy independence because nothing lonika, Greece. Prior to World War II, tagon just released stating that over threatens our national security more prior to the Nazis, there were 80,000 18,000, 18,000 soldiers have been evacu- than our dependence on Middle Eastern Jews in Salonika. By the time the ated from Iraq for medical reasons, nor oil. Nazis finished, there were merely 1,000 does it take into consideration the bil- The Bush doctrine has been tried, left. I am not presumptuous enough to lions of dollars the United States has and it has failed. It is time for a new think I would have been among the spent to date on this conflict or the national security strategy. SMART se- 1,000 selected to live. international goodwill we are squan- curity defends America by relying on On my father’s side, the Russia-Po- dering. the very best of America, our commit- land side, there were no towns, no We were told that this war was nec- ment to peace and freedom, our com- Jews. Hundreds and hundreds of years essary to keep us safe. We were told passion for the people of the world, and of a rich culture and civilization oblit- last November that by sending another our capacity for multilateral leader- erated, exterminated in the course of $87 billion for military operations and ship. the Second World War. When my grandparents came to this reconstruction, on top of just a few SMART security is tough, pragmatic country, they could not speak the lan- months earlier $78 billion for the same and patriotic. SMART security is guage, they had no money, they had no purposes, that Iraq would be in better smart, and it will keep America safe. skills, but they had a dream, and that shape and that our soldiers across the f dream was that their children and world would have the support that they The SPEAKER pro tempore (Mr. their children’s children would lead a need. BURNS). Under a previous order of the better life here in the United States The fact is, even after Congress ap- House, the gentleman from Washington than they had where they came from. proved $155 billion in supplemental (Mr. NETHERCUTT) is recognized for 5 My grandparents, who could not speak spending bills, Iraq is not in better minutes. English, have a granddaughter who shape; and many of our troops in Iraq (Mr. NETHERCUTT addressed the serves in the United States House of still lack the equipment that is essen- House. His remarks will appear here- Representatives. It does not get better tial for their survival: body armor ca- after in the Extensions of Remarks.) than that. pable of stopping bullets; armor for f Last year, I had an opportunity to go tanks that will help prevent the de- HOLOCAUST MEMORIAL AND back to Greece, back to Salonika to struction of U.S. military convoys; and REMEMBRANCE PROGRAM meet with the 1,000 Jews that survived the necessary water equipment to keep and their children and grandchildren. I them hydrated in the desert heat. The SPEAKER pro tempore. Under a was there to help rededicate the Holo- previous order of the House, the gentle- b 1715 caust memorial, and I remember stand- woman from Nevada (Ms. BERKLEY) is ing there in a beautiful plaza with Under the Bush administration, the recognized for 5 minutes. Greek Orthodox and Jewish Greeks annual Pentagon budget has grown Ms. BERKLEY. Mr. Speaker, I am knowing that if my grandparents had from $310 billion in fiscal year 2001 to here on the floor to talk about an ex- not gotten out when they did, that me- $420 billion in fiscal year 2005, an in- traordinary event that took place in morial would have been to them, and I crease of 35 percent in just 4 years. At our Nation’s Capital today and what it would not exist. the same time the United States signifies to me. So for those who organized this ex- spends outrageous amounts of money I attended the Holocaust Memorial traordinary day of remembrance, to all on outdated weapon systems, Amer- and Remembrance Program that took those that spoke, to everybody that ica’s contribution to U.N. peacekeeping place in the dome of the United States participated, and to all our fellow missions has suffered a 6.5 percent cut, Capitol. I was struck by two different countrymen, let me give you a hearty despite the fact that several critical feelings as I sat there and I listened to and heartfelt thank you for giving me peacekeeping missions will be launched one extraordinary remembrance and the opportunity I have to live in this in the coming year. speech after another. The first was, of incredible country, but also tasking me There has to be a better way, and course, that feeling that always star- with a responsibility that future gen- there is, one that emphasizes brains in- tles me; that man’s inhumanity to man erations of our world citizens will stead of brawn, and one that is con- knows no bounds, and that a mere 60 never, never have to go through what sistent with American values. I have years ago 6 million Jews were this world went through 60 years ago. introduced legislation to create a exterminated throughout the world. f SMART security platform for the 21st Their only transgression was the fact The SPEAKER pro tempore. Under a century. SMART stands for sensible that they were Jewish. previous order of the House, the gen- multilateral American response to ter- I was also struck by the incredible tleman from Washington (Mr. SMITH) is rorism. fact that 60 years after this most hei- recognized for 5 minutes. We need to shift our budget priorities nous episode in our civilized world’s (Mr. SMITH of Washington addressed so that they reflect the true security history, that there we were, generation the House. His remarks will appear needs of the American people instead after generation after generation of hereafter in the Extensions of Re- of spending billions on new bunker- survivors, those that survived, their marks.) buster nuclear weapons and the Presi- children, their grandchildren, and their f dent’s beloved missile defense system, great-grandchildren, all gathered under The SPEAKER pro tempore. Under a which would not provide an effective the dome of the , previous order of the House, the gentle- defense against a full frontal missile the very seat of power, the most impor- woman from Ohio (Ms. KAPTUR) is rec- attack in the first place. tant and strongest Nation in the world. ognized for 5 minutes. SMART security calls for stronger And here we have a seat at the table (Ms. KAPTUR addressed the House. and smarter investments abroad in where we are welcomed, where we are Her remarks will appear hereafter in peacekeeping and conflict prevention valued as citizens, and where we have the Extensions of Remarks.) programs and at home on homeland se- an opportunity to participate in our f curity and first responders. SMART se- government as we have never been able The SPEAKER pro tempore. Under a curity means creating a permanent to participate before. Here we gather previous order of the House, the gen- postconflict unit that provides the first not only to remember those that lost tleman from Maryland (Mr. CUMMINGS) layer of reconstruction in countries their lives in the Holocaust, but to en- is recognized for 5 minutes. that have been devastated by war and/ sure that something that happened 60 (Mr. CUMMINGS addressed the or by oppressed dictators, like Iraq and years ago could never ever happen House. His remarks will appear here- Afghanistan. And SMART would mean again. after in the Extensions of Remarks.)

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.134 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2343 The SPEAKER pro tempore. Under a is being abandoned for short-term po- But there is good news for us to con- previous order of the House, the gen- litical advantage catering to powerful sider on this Earth Day, and a growing tleman from Washington (Mr. INSLEE) special interests. We can take, for ex- consensus of Americans across the is recognized for 5 minutes. ample, the sad saga of President Bush’s country, contrary to the approaches of (Mr. INSLEE addressed the House. efforts to weaken the Clean Air Act, this administration. They want us to His remarks will appear hereafter in documented in a fascinating article in take simple, common-sense steps today the Extensions of Remarks.) Magazine 3 weeks to clean up the air, slow global warm- f ago. ing and protect our public lands. One But it is something that Members of simple step is simply to keep in place EARTH DAY this Congress are familiar with, as we the Clean Air Act and Clean Water Act The SPEAKER pro tempore. Under have struggled with this administra- and other landmark legislation. We the Speaker’s announced policy of Jan- tion under the New Source Review Pro- have hundreds of Federal rules, regula- uary 7, 2003, the gentleman from Or- gram, which was requiring old power tions and efforts at rollback that dem- egon (Mr. BLUMENAUER) is recognized plants to install pollution controls. In- onstrate that we are actually having for 60 minutes as the designee of the stead, this administration has radi- initiatives by the leadership in this minority leader. cally transformed the Nation’s Clean Congress and by the administration for Mr. BLUMENAUER. Mr. Speaker, it Air Act quietly, trying to do it under environmental activities that, rather is an honor to be here this evening on the radar screen by way of regulatory than making the air cleaner, the water the 34th anniversary of Earth Day. changes and bureaucratic detectives. more pure, will actually put us at risk. Now, the pollsters tell us that the envi- And now, older polluting power plants Today we need to stick to some of ronment may not be the very first that should have been cleaned up dec- the fundamental underlying environ- thing that springs to people’s minds ades ago have been given essentially a mental legislation we have got. It will when asked about the most important free pass, allowed to continue to spew be a cleaner America, a healthier envi- forth harmful pollution and global- issues of the day, but we find that when ronment than if we were to follow some warming gases into the air. you probe just a little bit, it is clear of the so-called reforms of this admin- Mr. Speaker, it is frustrating to the that that really does not give the istration. whole picture, because the environ- extreme to see what is happening in Another critical step is to reduce our ment is more than just an issue, it is terms of global climate change. The dependence on fossil fuels. The reality an umbrella, it is an overview, it is a administration has been challenged is now that our best estimates are that prism through which Americans see just 2 weeks ago by the Union of Con- U.S. production of oil is going to peak the things that touch their lives most cerned Scientists, a group of 60 sci- in 2008, and there will be a decline of 18 intimately. entists, including 20 Nobel laureates, percent over 20 years. It is not hap- When you get those Americans start- who are concerned about how this ad- pening because of environmental pro- ing to talk about what matters to ministration is turning science on its tections, it is because we simply do not them most, we hear things like clean head, shifting, changing, and obscur- have enough oil. However, according to air and clean water, a secure energy fu- ing, when, in fact, the role of science the Energy Information Agency, we are ture, a quality of life for their families. should be one that is a constructive going to be skyrocketing in terms of In dealing with the children, one in one to help us promote environmental demand, over 40 percent in the next 20 four admissions, we know in urban protection. years, which will increase our demand areas, are for children with respiratory We are seeing at this point the situa- on foreign oil. Under the current situa- problems to emergency rooms. When tion where these environmental tion, placing our reliance on unstable you start Americans down that path, threats are increasing on the global areas is simply not a good strategic un- they do not stop talking about it. scale, in terms of global climate If we look at the hundreds of millions change, global warming. We have a dertaking. of dollars that State and local commu- generation of Americans today who I am pleased that the likely stand- nities have voted to increase their may be the first generation where ard-bearer for our party, Senator JOHN money spent on water quality and open there will be no glaciers in Glacier KERRY, has put on the table a wide space, in community after community Park, and who may witness the eradi- range of environmental initiatives, in- we see demonstrated concern and ac- cation of polar bears in their natural cluding fuel efficiency for automobiles, tion at the local level. habitat. one that could be good for the Amer- But it is not an obscure activity that One of the things that characterized ican consumer, for the environment, is going to occur in remote reaches of the first Earth Day and the activities and indeed for our auto industry. wilderness or in the Arctic netherland. that followed it was a bipartisan spirit Right now there are three alter- No American is immune to the deadly of commitment to improving environ- natives for the American consumers consequences of the actions of the last mental quality overall and in very spe- who want hybrid vehicles, but they are, 100 years of assaulting our environ- cific terms in communities across the sadly, all Japanese. General Motors has ment and our government’s inaction in announced it is bringing pickups on the country. some of the simplest common-sense I am proud to spring from an Oregon market that will improve gas mileage, steps. tradition that was decidedly bipartisan but that is the tip of the iceberg. There and environmental. My first govern- b 1730 is far more we can do. mental position was an appointment by No one in America will be immune I am pleased that I have been joined then-Governor Tom McCall, a leg- from global warming. It is not just the by a number of colleagues here who endary Republican in our State, to the disappearance of permafrost in areas of have ideas to lend to this discussion Livable Oregon Committee. I was privi- the Arctic tundra, the buckling of this afternoon, but I want to just put leged to serve in the Oregon Legisla- roads and the erosion of coastline we on the table the notion that the most ture a third of a century ago when we are seeing in our 49th State, it is the important thing the Federal Govern- enacted the first comprehensive land increasing temperatures, rising ocean ment can do for new initiatives is to use planning legislation of any State in levels, extreme weather events, and model the behavior it expects of other the Union, and it was the product of bi- storm surges in coastal areas put all Americans. If the Federal Government partisan leadership and concern. On Americans at risk. would simply clean up after itself, es- the Federal level, the Clean Air Act We are a rich country, and much of tablish high standards for the hundreds and the Clean Water Act were enacted our territory is in temperate areas. of millions of square feet it has in of- during Republican administrations Imagine what will happen in poor coun- fices, the tens of millions of acres that with bipartisan leadership. tries around the world already prone to it manages, its vast enterprises, it Unfortunately for our success in pro- drought, or to tens of millions of poor could have a transformational effect. tecting the environment, on this Earth people in Bangladesh that will be There are opportunities to discuss this Day we are seeing that the bipartisan threatened with drowning by rising sea further, but I want to turn to some of tradition of environmental leadership levels and storm surges. my colleagues that are here.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.141 H22PT1 H2344 CONGRESSIONAL RECORD — HOUSE April 22, 2004 I note I have been joined by the gen- we are served water where we eat, amount is, and nobody has funded the tlewoman from the District of Colum- when we go into committee, there is al- science to find out. bia (Ms. NORTON), who is charged with ways water there, and we drink some of When it comes to enforcement, what one of the most difficult tasks in Con- that, that water comes right out of the the Environmental Protection Agency gress, and that is providing a represen- faucet, and we have to think about tells us is they should test for lead, and tation for the people in the District of what that means. If it were only a Dis- if they find lead, they keep testing. So Columbia, who, although they are trict of Columbia matter, I would not what they do is they keep testing until taxed, although they are under the be raising it on Earth Day, but the they dilute the findings, and then they control of the Federal Government Safe Drinking Water Act is being vio- do not have to clean up the water at more than citizens of any State in the lated all across the United States. I all. This is a public health catastrophe. Union, they have not been graced with want to alert Members on this Earth Every jurisdiction is supposed to be the opportunity of a voting Member of Day to what it seems to me each of us doing this. WASA kept testing, hoping Congress. I must say it is astounding should be doing to ensure that we have to dilute the results it found so as not the work that the gentlewoman from safe drinking water. to have to remove lead pipes. It back- the District of Columbia (Ms. NORTON) One of the great dividing lines be- fired on WASA because it found more, does in terms of providing leadership tween developing and advanced soci- not less, lead. on a wide variety of areas, and not the eties is safe drinking water. When you We are living with bad science, wrong least of which has to do with the envi- come to the District of Columbia, you assumptions. Even in the 19th century ronment. should not have to ask: Is the water when the service pipes in the District I have visited with the gentlewoman safe to drink here? I suggest anyone of Columbia were built with lead, there in areas around American University who comes in fact asks that question, was an outcry that it was unsafe to use where we are still struggling 85 years and that is a question that needs to be lead service lines. That is more than after World War I with the consequence asked in your own jurisdiction as well 100 years ago. They knew that. That is of failing to clean up after ourselves when you consider what has happened what we have today. with the chemical weapons that were to the District of Columbia and what it So we are told when you do find that tested inside the District of Columbia. has exposed about safe drinking water. there is lead in the water, you have to The gentlewoman is fighting for a wide I am not sure what side our country do partial replacement; that is to say variety of interests. is on when it comes to the dividing line replacement of the lead service lines in Mr. Speaker, I yield to the gentle- between countries with safe drinking the public part of the area. We learned woman from the District of Columbia water and countries without, but it was in hearings if you do this partial re- (Ms. NORTON) to discuss the impacts surely a wake-up call when we learned placement, and the line on private that she is facing in the District of Co- that there was lead in the water of the property is left there, it can be worse lumbia and some of the noteworthy ef- Nation’s Capital. because apparently the partial replace- forts she is leading. The reason this is a matter of na- ment acts as a battery to whatever re- Ms. NORTON. Mr. Speaker, I thank tional concern is because two Federal maining lead is there, and the problem the gentleman from Oregon (Mr. agencies control the water here. The worsens. BLUMENAUER) for his many interests Environmental Protection Agency does They switched chemicals from chlo- here, in his district, and throughout the same for the District of Columbia rine to chloramine. We think that may the Nation. The fact is that people in as it does for the Nation. If we want to have caused the corroding of lead into the District are living with the after- talk about stewards of the environ- the water. Now, when we see problems math of munitions that were buried ment, the Environmental Protection like that, the people who purify the after World War I, which is not very Agency would not be included there. Of water may have made it worse by pleasant, particularly when they pay course, it does double duty here since switching chemicals because they did some of the highest taxes in the United it acts as our State EPA as well as the not do the right tests, and the Environ- States. I agree with the gentleman watchdog Federal EPA. mental Protection Agency does not that if the Federal Government would It gets worse. The water here is puri- begin to know how much lead is bad or simply set an example by cleaning up fied by the Washington Aqueduct. That good and lets you keep testing until after itself, more of the rest of America is run by the Corps of Engineers, and you do not have to, in fact, remove would be likely to follow. that is because they built it more than lead lines at all. I suggest that on this One example I have been able to get 100 years ago. We have learned that the Earth Day we go back to basics when it into a recent bill which has passed the Environmental Protection Agency comes to safe drinking water and start House is for the Federal Government to signed off on public notice that there all over again and rebuild the regu- use solar energy in its own buildings. was lead in the water a year after it latory basis of the Safe Drinking Water There is $60 million for 5 years for that was found, and so buried so nobody Act. to occur. knew about it or could have discovered Finally, let me say the Clean Water I also see that the gentleman from it. Can Members imagine how many Act is another great achievement of Oregon has a bike pin in his lapel, and pregnant women and small children at this Congress. More than 30 years ago I must state what a wonderful steward developmental ages have been drinking we cleaned up the Potomac, but there of the environment the gentleman has that water without knowing it? That is is another river that lies within 2,000 been, how much his leadership is appre- the kind of environmental crime that yards of the Capitol dome, the Ana- ciated there, not only with his signa- the Safe Drinking Water Act was costia River, which is utterly polluted. ture issue, livability, but the gentle- passed to avoid. Some of that pollution comes from the man’s across-the-board leadership on The EPA signed off on the public no- fact that there was a naval gun fac- environmental issues. It stands to rea- tice, or I should say the lack of public tory; but today, more of it comes from son that the gentleman from Oregon notice; but the problems are more fun- underground sewage and storm water would be leading this Special Order damental. The problems are with the conveyance systems that are over 100 today. very basics themselves. All of the regu- years old. I am trying to have that This is Earth Day, and we come to lations that the EPA has us living fixed. It will cost $1 billion, but if we the floor today, as many of us do on under, any good on this Earth Day we get $100 million every year, we will many other occasions. It may be Earth should ask ourselves, and does the EPA clean up the Anacostia River, we will Day, but part of talking about the enforce them? On the basic science, we do a lot for the Chesapeake Bay, and do Earth is talking about water, so I want do not know how much lead is harmful a lot for the drinking water here in to talk about the Safe Drinking Act or not. Why are we this long in finding this area. and the Clean Water Act at a time out? We know how much is harmful for I am very pleased to name the co- when Members may be imbibing lead as young children, but public health offi- sponsors of this bill in this region. The they drink the water at their work- cials tell us that lead is harmful for gentleman from Virginia (Mr. MORAN), place, the Congress of the United people as old as you and me, Mr. the gentleman from Maryland (Mr. States. The water that we drink, and Speaker, but we do not know what the WYNN), the gentleman from Maryland

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.143 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2345 (Mr. VAN HOLLEN), the gentleman from ards and to gut funding for Super Fund spokesperson on a wide range of envi- Maryland (Mr. HOYER), the gentleman cleanup programs, which impact com- ronmental issues. from Virginia (Mr. TOM DAVIS), and munities across this country. I yield to the gentleman from New others from this region are coming on, Our constituents are eating mercury- Mexico if he has some comments to the gentleman from Pennsylvania (Mr. tainted fish, drinking lead-tainted share with us this evening. FATTAH), for example. Virtually all of water, living near toxic contamination Mr. UDALL of New Mexico. Mr. the Senators from this region are on sites. Our national parks are deterio- Speaker, I thank my good friend from this bill. It is time we stepped up and rating. Our national forests and public Oregon for yielding, and I thank him did for the Anacostia River what we lands are being opened up for polluting for leading this Special Order. I would did for the Potomac River 30 years ago. uses like oil and gas development, min- like to say that his leadership in this ing, and logging. Meanwhile, the ad- Congress has been exceptional when it b 1745 ministration disputes that global comes not only to sustainable commu- I appreciate the time the gentleman warming exists and refuses to take nities and making sure we build up the from Oregon (Mr. BLUMENAUER) has steps to address this growing and im- quality of life in our communities but given me to discuss water on this minent threat. it is also, as we see by the bicycle on Earth Day, for it reminds us that Earth This administration is, to say the his lapel, a good solid balanced ap- Day is about the entire environment. least, industry-friendly. But we also proach to transportation and transpor- And when we say the Earth, we mean want one that is Earth friendly. We do tation systems and realizing that bicy- the Earth, we mean the water, and we not have to sacrifice our economic fu- cles and modes of transportation other mean the air. I thank him very much ture for a healthy environment. We can than automobile traffic are very im- for his leadership once again. have both a healthy economy and a portant to our communities. I thank Mr. BLUMENAUER. Mr. Speaker, I healthy environment. him for that and thank him for his thank the gentlewoman for her com- We Democrats in Congress are fight- leadership. ments and for her leadership. I hope ing for our environment. My colleagues In hopes of keeping our public lands that I will see the time here in Con- have fought to keep oil drilling out of as beautiful and as productive as pos- gress where the Anacostia becomes a the Arctic, to ensure that polluters sible, I would like to offer a few model for the country in the backyard clean up their messes, to prevent our thoughts concerning recent changes to of Congress about how to do it right forests from being clear cut for profit, our National Forest Management poli- after, as she says, decades of abuse. to keep our air and water clean. We cies. National Forest Management I yield to the gentleman from Ari- have called for comprehensive and sen- plans were first conceived by Gifford zona (Mr. GRIJALVA), who has been one sible energy policy that does not re- Pinchot, the first United States chief of the most forceful voices in his short ward the polluting industries with of the Forest Service. He was a Repub- time in Congress for speaking out for massive subsidies, but enhances oppor- lican like the President at the time, the preservation of the environment, tunities for renewable energy sources. Teddy Roosevelt, who thought that we somebody who is deeply concerned and As we reflect on the Earth’s environ- should organize the country’s forests has focused in on what is happening ment on Earth Day, let us not forget into a National Forest System that we with the rollbacks and somebody who that we have only one Earth to live on. now know today as our vast system of comes from a State that is facing some Let us keep our environment and our national forests. of the most unique environmental chal- families healthy by fighting for the Pinchot was initially led by the utili- lenges that he has been a leader in long protection of our air, water, and land. tarian philosophy as of ‘‘the greatest before he came to Congress. America’s environmental laws have good for the greatest number.’’ In guid- Mr. GRIJALVA. Mr. Speaker, I thank succeeded in improving people’s health ing the management of the national the gentleman very much for yielding. and lives. Let us continue that legacy forests, he later appended to that I appreciate the opportunity. by protecting what we have gained and statement ‘‘in the long run’’: ‘‘The Mr. Speaker, I rise today on this enhancing what we still need to gain. greatest good for the greatest number Earth Day to comment that while our On this Earth Day, at stake for all in the long run.’’ Because he recognized Nation is distracted by war and ter- Americans is the very essence of what that forest management consists of rorism, the Bush administration has makes us unique as a country and as a long-term decisions in protecting the systematically and methodically been people: our land, our people, and our resources. dismantling our most fundamental public places. At stake is our public By the end of 1910, at the end of Pin- public health laws such as the Clean health. At stake is the protection of chot’s term, there were 150 national Air Act and the Clean Water Act; but our natural resources. At stake is a forests covering 170 million acres of the people of America and in my com- legacy that we all share in, a shared land. And he wrote about the U.S. For- munity, in addition to wanting peace legacy and responsibility about pro- est Service and what he was trying to and security in the world, also want a tecting our environment and pro- do, and he said ‘‘not a single acre of the clean and healthy environment for tecting the health of our people. government, State, or private themselves and for their children to The record of the Bush administra- timberland was under systematic for- live in. tion on rollbacks of protections and est management anywhere on this On this Earth Day we state clearly, giveaways to special interests is a de- most richly timbered of all continents and I want to repeat, we state clearly struction of that very essence and that . . . When the Nineties began, the that Americans want and deserve clean legacy. I think the people of America common word for our forests was ‘inex- air to breathe, clean water to drink, deserve much more. They deserve a haustible.’ To waste timber was a vir- and natural places to experience. We country that values its people, protects tue, not a crime. There would always want our most special lands like our its environment, and assures that we be plenty of timber . . . The lumber- national parks to be cared for so they protect the very essence of what makes men . . . regarded forest devastation as can be enjoyed by future generations as us different as a country. normal and second growth as the delu- we do today. Mr. BLUMENAUER. Mr. Speaker, I sion of fools . . . And as for sustained But the test results are in, and it is thank the gentleman from Arizona yield, no such idea had ever entered official. The George W. Bush Presi- (Mr. GRIJALVA) for his statement, and I their heads.’’ dency is the worst environmental Pres- appreciate his eloquence in terms of He went on to say: ‘‘Without natural idency in the history of this country. looking at the big picture and the im- resources,’’ and this was when he was From our urban areas to our national pacts that people are facing. really talking about his idea of con- forests, the Bush administration is sac- The gentleman from New Mexico (Mr. servation and good stewardship, ‘‘life rificing our health, our environment UDALL), his fellow Southwestern col- itself is impossible. From birth to for the benefit of corporations. Com- league, has himself a rich family tradi- death, natural resources, transformed munities of color continue to suffer tion dealing with these issues and con- for human use, feed, clothe, shelter, disproportionately from Bush’s policy tinues that on the Committee on Re- and transport us. Upon them we depend to lower air and water quality stand- sources today and being a vigilant for every material necessity, comfort,

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.144 H22PT1 H2346 CONGRESSIONAL RECORD — HOUSE April 22, 2004 convenience, and protection in our years and remembering the guiding United States Senate, he came out lives. Without abundant resources philosophy of our country’s first for- with 11 specific proposals on policy prosperity is out of reach.’’ ester, ‘‘the greatest good for the great- changes that we needed to pursue as a Such was the philosophy that guided est number in the long run.’’ Nation in order to enhance the protec- the management of our national for- And I would suggest that Gifford Pin- tion and the quality of our environ- ests at the beginning of the 20th cen- chot, our first forester, and Teddy Roo- ment and our natural resources. tury. sevelt would say to the Republicans, He was one of the first public offi- The beginning of the 21st century is a Why have you abandoned the time- cials that recognized that economic far different story altogether. Repub- tested bipartisan solutions? growth and development could go hand licans are still in control, but they And with that I say once again to the in hand with the protection of our nat- have abandoned bipartisanship, wise gentleman from Oregon that he has ural resources and the protection of stewardship. Under the warm and fuzzy been a great leader on these environ- our environment; that they did not name ‘‘The Healthy Forests Initia- mental issues, and I hope that we can have to be mutually exclusive. tive,’’ the Bush administration is pro- continue to carry on these discussions But he also recognized that public posing an that includes sweep- and let the American people know that opinion was way ahead of public offi- ing changes to the management of our there are very important issues at cials in this area; that it was the pol- National Forests, cutting people out of stake on this Earth Day. icymakers that needed to catch up the process of participating and com- Mr. BLUMENAUER. Mr. Speaker, I with where the American people were; menting on forest plans. The first as- thank the gentleman for his statement. and recognizing the value of doing a sault came only weeks after the Bush We were just last night at the National better job, of being the stewards of our administration took office when they Parks Conservation Association awards lands and our water and our air that we chose to put on hold all the proposed dinner, and we were reminded how breathe, the environment in which we regulations that had been developed by these issues do not have partisan raise our children; and it is to him we the previous administration. Those boundaries that are required, that it owe a debt of gratitude that can never regulations were the results of years of unites us as a country, that it spoke to be repaid. efforts by an independent committee of opportunities that were different, This is a person who today if you scientists. Those new regulations were hearkening back to the context that he talked to him, and he is still very ac- science- and ecosystem-based. They re- offered up. tive in the environmental field, work- flected the state-of-the-art knowledge I am hopeful that we can embrace the ing at the Wilderness Society here in concerning the management of natural spirit of the history that he has given Washington, delivering countless resources. us that will help guide and inform speeches every year, traveling exten- One of the first things President some of our decisions here, and I appre- sively throughout the United States Bush’s new Assistant Secretary for ciate his leadership in trying to make and parts of the world, who would prob- Forests, Mark Rey, did was scrap all of that happen. ably be a little surprised to realize that these science-based, commonsense reg- Mr. UDALL of New Mexico. Mr. last year, during the 33rd anniversary ulations. And in place of the science- Speaker, I thank the gentleman. of Earth Day, there were hundreds of based regulations encouraging con- Mr. BLUMENAUER. Mr. Speaker, I millions of people in over 180 countries servation and protections, the new ad- think it is appropriate, as we are refer- all joining together to celebrate Earth ministration proposed regulations that ring to some history, we are joined by Day, something that he gave birth to. reflect a wish list of the timber indus- the gentleman from Wisconsin (Mr. He is also someone that recognizes try. Instead of ‘‘the greatest good for KIND), someone I have been privileged that there is still so much more work the greatest number in the long run,’’ to work with on issues dealing with that needs to be done. He has been in- the philosophy of this administration water resources, the reform of some of valuable to me personally with the appears to be ‘‘the greatest good for the opportunities for the Corps of Engi- conversations that I have had, the the special interests in the quickest privilege of going to him for advice, time,’’ using our forests for a few neers and how Congress works with the Corps of Engineers; and I note not only whether it is on work and how better wealthy individuals. to preserve and protect the Mississippi We have been expecting these new is he a leader in issues that deal with River Basin, what we can do to guard regulations for a while, but now it environment and uniting sports people against the global warming phe- seems the administration might be of varied interests of his State but I nomena, which generations, unfortu- holding back, afraid to show their think appropriate the legacy of that nately, will have to wrestle with today, cards in an election year. They know marvelous State of Wisconsin, and 34 and the unfinished business he left the American people will not stand for years ago it was Senator Gaylord Nel- when he left the United States Senate a President who time and again sells son who helped launch us on this path. many years ago, which is our calling off our public lands, our public trust, b 1800 to the highest bidder. today. Mr. Speaker, I yield to the gentleman The administration has succeeded in There was a very good biography passing a law, the Healthy Forests Res- for observations he might make that written about Senator Gaylord Nelson toration Act, which has begun to cod- will help us focus on what we are cele- by a very talented former journalist ify some of their plans to sell, no, let brating here today. and writer in Wisconsin, Bill me make that give away, our National Mr. KIND. Mr. Speaker, I thank my Christopherson, entitled The Man Forests to the timber industry. friend and colleague from Oregon for, From Clear Lake. That is the small Other sections of the act give timber first of all, taking time this evening for town in which Gaylord Nelson was born companies the right to log big trees this Special Order to commemorate the and raised in. It is in northwestern from the backcountry. Taxpayer dol- 34th anniversary of Earth Day, and for Wisconsin, and it is small-town Amer- lars are going to be used to build roads the leadership he has shown on a vari- ica. It is not too far from my wife’s that will take these timber industries ety of conservation and environmental small town of Cumberland, where she into the backcountry, to take trees measures that we have a chance to was born and raised. that pose no fire risk to people, all work on in the United States Congress. But Gaylord Nelson is living testi- under the umbrella of this reckless But I want to take a moment to pay mony to the idea that one person with piece of legislation. a special tribute and give special a great idea can have a profound Healthy forests under this adminis- thanks to a terrific statesman, a change in the direction of our Nation tration means healthy bank accounts former Governor and former United and of the world. It was that idea of for a fortunate few and barren hillsides States Senator from the great State of what we needed to do in working to- for Americans and for the plants and Wisconsin, the father of Earth Day, gether, those of us in decision-making animals and human beings that depend Senator Gaylord Nelson. positions, but also all of us as citizens on truly healthy forests. It was his vision that led to the first of this planet of ours, what we can do On Earth Day we would do ourselves Earth Day in our country over 34 years working together to better preserve the biggest favor by looking back 100 ago. During his maiden speech in the and protect the natural resources so we

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.146 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2347 leave a better legacy for our children Research Reserve. It is very clear when where the President visited today has to inherit. you look at the budget that the Presi- just been found to be out of compliance I come from a State with a very dent has proposed, in light of the need with the 8-hour ozone health-based proud legacy of giants, like Gaylord for more research funds for marine-re- standards under the Clean Air Act. Let Nelson, like Bill Proxmire, like Fight- lated research, he came because his me tell you, Wells, Maine, is not pol- ing Bob LaFollette, that gave birth to budget proposes to increase funding for luting the air. There is not enough the progressive tradition in this coun- this tiny $16 million National Estua- manufacturing activity going on in try. But there is no one who I have rine Research System by 3 percent. Wells to pollute Wells or any sur- idolized with greater esteem or have That is a 3 percent increase. So, this rounding communities. This is pollu- greater admiration for than that man small program gets a reasonable in- tion that comes to our State from out- from the small town of Clear Lake, crease, but it is the exception. side. Wisconsin, Gaylord Nelson, and the The reserve system is an important The President’s action in this regard idea that he gave the Nation and the part of NOAA’s Ocean and Coastal with respect to ozone pollution has world 34 years ago today in envisioning Management Program, which President been to undermine the New Source Re- the need for Earth Day celebrations, Bush proposes to cut by 20 percent. The view court cases filed by the Clinton and the constant reminder to us that National Ocean Service is cut a whop- administration that would have led to there is so much that we need to do to ping 35 percent. NOAA itself receives the most significant reduction in air protect our environment, especially an overall 8 percent reduction. pollution in recent memory, and he has during challenging days like today The President proposes to reduce the issued new New Source Review rules when, unfortunately, there is an ad- budget of the EPA, the Fish and Wild- that allow the dirtiest power plants in ministration in power that seems quick life Service and the U.S. Forest Serv- the country to continue to pollute, to roll back much of the progress and ice. He proposes to seriously underfund even when they expand their capacity much of the achievement that has been the National Park Service. He proposes to produce electricity. made over the last few decades, rolling to slash the Land and Water Conserva- I have always said he has what he back provisions of the Clean Air and tion Fund that purchases Federal land calls his Clear Skies legislation, and if Clean Water Acts; releasing those 5 for facilities like the Rachel Carson I have ever heard of legislation that is p.m. press releases from the Environ- National Wildlife Refuge. As a result of a triumph of marketing over sub- mental Protection Agency on Friday Land and Water Conservation Fund stance, it is Clear Skies, because it afternoons when they think no one is cuts, the Fish and Wildlife Service re- does not clear the skies, it clouds paying attention or when people are ceived only $10 million this year for them. It would not be as effective as starting their weekends or going to lands nationwide. the enforcement of existing law. their Friday night dinners or whatever. Maine, on the other hand, is invest- Finally, climate change. Here is an But it is up to us to shed light on ing more, renewing its commitment to issue, the President made a promise in what is taking place, and it is up to us bond funding for what we call the Land the campaign. He walked away from it to try to foster the bipartisan atmos- for Maine’s Future Program. right after he was elected. In Wells, phere in which we have to work in A couple of other points. Mercury Maine, this estuarine area, this is the order to make great strides in this contamination is now a huge issue in kind of area that is at risk from cli- area. this country. The EPA recently an- mate change and rising seas. It seems So, again, I thank my colleague from nounced that twice the number of in- to me once again the rest of the world Oregon for yielding me some time on fants are born with high levels of mer- is concerned about this issue. The this very special day and for the oppor- cury in their blood than they thought science is clear. The President denies tunity to pay tribute to a very special before. Now, 600,000 infants are born the science and simply refuses to deal American, a great citizen, former Sen- each year. The Maine Bureau of Health with one of the growing and poten- ator Gaylord Nelson. has a warning, and it reads as follows: tially horrendous environmental chal- Mr. BLUMENAUER. We appreciate ‘‘Pregnant and nursing women, women lenges that lie in front of us. your hard work and leadership in put- who may get pregnant, and children There is a better way. We can work ting this spotlight on Senator Nelson. under 8 should not eat any freshwater together based on sound science with a We have been joined by the gen- fish from Maine’s inland waters.’’ commitment to improving the quality tleman from Maine (Mr. ALLEN), who I We have gone about the process of re- of our air and water for ourselves and note, no small note of irony, the Presi- stricting emissions from our waste in- our children for years to come. This ad- dent was celebrating Earth Day at a lo- cinerators, and yet coal-fired power ministration will not do that, but I cation that the gentleman and I have plants from across the country still know others will. visited in the past in Wells, Maine, as emit 48 tons of mercury every year. It I thank the gentleman for giving me we have been doing work environ- gets up in the air, it runs with the wind this time. mentally. I did not know if the gen- west to east, it comes down in the rain, Mr. BLUMENAUER. I appreciate the tleman had any thoughts or observa- it pollutes our waterways, it gets into gentleman’s illustrations. We were on tions based on that experience today in our fish and is consumed by human this floor earlier this week talking his district. beings. about the long-term budget implica- I would be pleased to yield to the But what is the President’s record on tions which will guarantee that these gentleman. mercury? He has delayed full mercury unfortunate, ill-advised and unaccept- Mr. ALLEN. Mr. Speaker, I thank regulation from 2008 to 2030, submit- able cuts are the tip of the iceberg, and the gentleman for yielding and for his ting another generation of Maine chil- we are going to be looking at that for leadership. It is true, the President is dren and children around the country years to come unless we change the today visiting the Wells National Estu- to fish they cannot safely consume. We priorities of the administration or un- arine Research Reserve up at the believe that what he has done is illegal less we change the administration. Laudholm Farms. The gentleman and I under the Clean Air Act. We are reaching a conclusion here. went there 2 years ago. We also went Really, Maine has taken the opposite We have three more of my colleagues. I up a mountain nearby that is part of a approach, trying to regulate every- think we have at least 4 minutes each project that people are trying to save thing we can with respect to the mer- for them. I will not take more of my some land. cury emissions that are within our con- time. Though we appreciate the President trol. It is just another contrast. But I would turn, if I could, to my coming to Maine on Earth Day, it real- I happen to feel he came to Maine be- friend from California (Mr. FARR), who ly cannot hide the fact that his record cause Maine has a record as an envi- is here not just on Earth Day, but this on the environment is one of probably ronmentally-conscious State. But it week as a spokesman and a champion the worst records of any President in takes more than a visit to my State to for ocean health and environment. It is my lifetime. make you an environmentalist. a great juxtaposition, and I am happy Let me give a few examples. He went I will mention two other things to yield time for him to make some today to the Wells National Estuarine quickly. Ozone pollution, Wells, Maine, comments that would be appropriate.

VerDate mar 24 2004 03:30 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.148 H22PT1 H2348 CONGRESSIONAL RECORD — HOUSE April 22, 2004 Mr. FARR. Thank you very much, FARR) must feel no small sense of satis- and the second was of the ocean floor. What my distinguished colleague from Port- faction. I know that he was the driving caught my eye was, to date, our pictures of land, Oregon. I think but for your per- force behind the first ocean’s con- outer space are 250 times higher resolution sonal involvement in changing a city, ference with President Clinton in his than from the ocean’s depths. we would not see the cities of America beautiful district in Monterey, bring- Mr. Speaker, as I mentioned Earth Day was be as beautiful as Portland, Oregon, ing home how important this is to all born at a time of great concern over the depri- one of the most beautiful places to live of us. And I extend my deep apprecia- vation of our environment and out of this grass now, and certainly the transportation tion for his leadership, insight, and pa- root effort we saw dramatic changes. system that the gentleman created tience. We proved that if we put our minds and re- there is the model for the country. Mr. FARR. Let us hope we can get sources to the problem, as we did in putting I am proud to be here on this 34th an- some good legislation adopted. a man on the moon, we could bring things niversary of Earth Day with all my col- Mr. Speaker, I will include my state- right again. We made giant progress with the leagues. As I heard the people before ment for the RECORD at this point. Clean Water Act and the Clean Air Act. me, I could not help but think that Mr. Speaker, I am glad that we are holding Sadly, these land mark pieces of legislation some of my colleagues will someday be this special order on the occasion of the 35th have recently come under fire, administratively future U.S. Senators, Governors and anniversary of Earth Day. there has been a failure to investigate viola- members of the Cabinet. With what It is important that we take the time to rec- tions and enforce the laws on the books. they have said, it is obvious that their ognize the importance of environmental con- Protection of our oceans will require a hearts and minds are in the right place. servation efforts and renew our commitment to change of course, a commitment from Con- I have a long statement, and I will them until we make everyday Earth Day. gress and the administration. This commitment submit it for the RECORD. I just wanted We all must do our parts to be good stew- must be in the form of a new ocean ethic; one to say that today we launched, and this ards of our ocean, our land and our atmos- that is ecosystem-based with a governance week, essentially a focus on how we phere. This is the only planet that we have structure that protects, restores, and maintains should upgrade the oceans in America. after all. healthy marine ecosystems. We have ignored them. We paid atten- Earth Day was born at a time of great con- Regrettably, all too often we take our tion to clean air, clean water, and we cern over the degradation of the environment oceans for granted: We underestimate their have 10 different agencies, departments and the effects of that degradation on all spe- value and we ignore the negative con- in the Federal Government, hundreds cies, including humans. sequences human-related activities can have of laws, and the right hand does not I like to think of Earth Day as an ecological on them. know what the left hand is doing. version of New Year’s Day—a time to reflect, Our oceans represent the largest public We have had a private sector report take stock and make resolutions. trust resource in the U.S. and cover an area by the Pew Commission, a public sec- With that in mind, I want to take my time in nearly one and a half times the size of the tor report that we in Congress author- this special order to talk about our oceans— continental United States. ized, the U.S. Oceans Commission. two thirds of the earth that we need to know Americans expect the Government to safe- They made the report back to Congress a lot more about. guard this vast resource and I hope that the on Tuesday of this week. Now it is our Tuesday’s release of the ‘‘U.S. Commission report just released will be the motivation for responsibility, the legislative branch of on Ocean Policy’s’’ report marks a milestone us to actually begin to do so. government, to come up with a new or- for our oceans and for the way we view them. Simply put, our current ocean and coastal ganization, new laws, that will essen- Their report is the result of almost 2 years of management system, created over thirty years tially focus on the ocean. In essence, to reflecting and taking stock of our current ago, is archaic and incompatible with new put it in perspective, more than 1,500 ocean management practices. knowledge about how the oceans and coastal people have successfully climbed For the first time in more than 30 years, we waters function as a whole. Mount Everest; more than 300 people as a nation, have re-considered our relation- Our policies are fragmented, both institution- have journeyed into space; 12 people ship with the sea. Unfortunately, the past 30 ally and geographically. walked on the moon; but only 2 people years have not been kind to our oceans. For example, today we find ourselves with have ever descended to the bottom of Plain and simple our oceans are in a state over ten federal departments involved in the the ocean and returned. of crisis—a crisis that affects each and every implementation of more than 130 ocean-re- b 1815 one of us. lated statutes. They are about that. I mean, we just Today, between one third and one half of It is time to reconsider this incoherent and do not know about the ocean. We know the world’s population lives within 50 miles of often times incompatible management situa- more about the Moon than we know the coast. tion and bring order to our ocean governance about the oceans on the planet. We all depend on our oceans and coasts structure. So we are going to spend the next few from the person who lives off the water to the The U.S. Commission’s Report and last months here developing an oceans bill person who visits once in a lifetime. year’s Pew Report offer some guidance on that I think will set the policy for this The oceans provide food, jobs, vacation how to do just this. country, which will hopefully lead the spots, scientific knowledge, and opportunities We now know the natural world functions as policy of the world and the mechanism for reflection, our movies our art and music. interdependent ecosystems, with each species for ensuring that the oceans can be In spite of this we tend to act with a great intricately connected to the other parts that managed on an ecosystem basis and deal of ignorance about how our own activities make up the whole. they can be cleaned up and made as the actually threaten that economic value. In fact The U.S. Commission’s Report, as well as lungs of this Earth for children for gen- we have limited knowledge of how oceans the independent Pew Oceans Commission erations to come. work as an ecosystem. Report released last June, clearly states that It is the responsibility of this genera- I have some interesting numbers that I want we must adopt a new policy framework that is tion. We have found it in bad shape, to share with you. More than 1,500 people based on the concept of ‘‘the whole,’’ an eco- and we have got to leave it in better have successfully climbed Mount Everest. system-based approach rather than one based shape. More than 300 people have journeyed to on political boundaries. I would just conclude on this Earth space. 12 people have walked on the moon. This approach will not be as easy or straight Day by inviting everybody to go out Yet, only two people have descended and re- forward as our previous approaches, but we this weekend to celebrate Earth Day. turned in a single dive to the deepest part of must pass the legislation necessary to make it There are all kinds of activities in your the ocean. a reality. local community. I think the best Think about it—we know more about the Part of making it a reality is creating a quote about Earth Day and ourselves is moon than oceans on earth. strong regional governance structure. With a what Teddy Roosevelt once reminded This morning I was testifying on the other comprehensive national ocean policy explicitly this country. He said: ‘‘Do what you side of the Capitol at the Senate Commerce written to maintain healthy ocean ecosystems, can with what you have where you are. Committee. our oceans will be a bountiful resource in Just do it.’’ I met with Bob Ballard who showed me the which we can all take pride. Mr. BLUMENAUER. Mr. Speaker, most recent edition of Oceanography. He The Report also stresses the importance of the gentleman from California (Mr. showed me two pictures. The first was of Mars instilling a new ecosystem-based stewardship

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 9920 E:\CR\FM\K22AP7.150 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2349 ethic. Involved in instilling this ethic is increas- eral policies. I am happy to yield to this administration would like to see ing ocean-related education for all Americans her. rip away at the protections that we at all levels, from first-graders learning how to Ms. SOLIS. Mr. Speaker, I thank the have in our States such as California. I read to graduate students investigating chal- gentleman from Oregon (Mr. came out strongly opposed to those ex- lenging scientific processes. BLUMENAUER) for providing us with the emptions as did many attorneys gen- The U.S. Commission details suggestions opportunity to celebrate Earth Day. eral representing many States as well on how we can instill a new stewardship ethic We do have much to celebrate, but we as many water agencies and purveyors by emphasizing and investing in greater ma- also have to reflect on what is hap- that want to provide clean water to rine science education. pening here in our country and what millions and millions of people who The Report released earlier this week is, policies are having effects in our com- live in our country. We need to do the technically, a Preliminary Report. It is being munities. right thing. And I know that I can sent to the Governors for their comments. This I appreciate the fact that so many of count on my colleagues here that have comment period lasts until May 21, 2004. I my colleagues spoke before me very spoken this evening to help educate the urge all my colleagues to contact their Gov- eloquently about the status of the en- public that, in fact, there are Members ernors, let them know how important this issue vironment here in our country. I am of this Congress who are willing to is. happy to talk a little bit about a place fight, willing to stay here late, to do I sincerely hope that all states will take this that I represent, and I represent the the right thing, to make sure that we opportunity to acknowledge that the oceans 32nd Congressional District in South- do not erode the protections that have provide value for every American, whether in- ern California, much viewed by people been in place for the last 50 years. trinsic worth or direct economic benefit, and as probably the armpit of America in And, as a new Member of Congress, I provide the Commission with input before the many ways. Smog levels are very high. would like to say that I am proud to comment period ends. I have ownership of three Super fund represent the district that I come from, Despite historic and geographic patterns sites. There are 17 gravel pits, many East , that many people suggesting otherwise, every state has a role to that are abandoned. forget about. People there are experi- play in the management of our oceans. So we have various problems that encing high levels of unemployment. The bipartisan House Oceans Caucus lead- exist in our district, many challenges, Many of them have low skills, low edu- ership is drafting legislation—the BOB, or Big long before I was even born. But that cational levels; and they live in the Oceans Bill—that sets our country on the right does not mean that we give up the hope dirtiest communities in our country, path—the path of protecting our oceans. to fight to improve those conditions for and it is not fair. That is why we need Many of the details are still being worked the people that I represent. And I was strong laws. That is why we need ade- out; however, the broad sections of BOB in- very fortunate in the California legis- quate funding to protect everybody on an equal and fair basis. clude national governance, regional govern- lature to work on environmental jus- And I applaud the gentleman from ance, science and technology, and education. tice legislation, one of the first pieces Oregon (Mr. BLUMENAUER) and all the We will be introducing our legislation this of legislation in the entire country to Members that have come forward to- be codified in the State of California. session. We have high hopes that our com- night to share with us that Earth Day, And as a result I believe there are close prehensive bill will receive hearings and be in fact, should be a celebration for the to 30 States now in this Union that considered this year, thereby demonstrating entire world. the bipartisan nature of the importance of pro- have done likewise and have followed In Spanish we say ‘‘para todo el tecting the health of our oceans for future gen- suit. mundo.’’ That means the entire world. It is unfortunate, however, that this erations. The entire world is looking at us right administration here does not believe in It is up to each of us to not let this unprece- now to see that we do the right thing, the true essence of environmental jus- dented opportunity pass us by. With the U.S. to see that we address the issues of Commission on Ocean Policy and The Pew tice. And what environmental justice global warming, water pollution, clean Oceans Commission Reports in the last year, means for many Americans and for air. Those are the things that my com- the Bush Administration has a prime oppor- people that I represent is equal treat- munity is advocating for, and I am tunity to take the steps necessary to instill a ment under the law when placing going to continue to fight for that. new ocean ethic in our government. projects in our districts. And, unfortu- Mr. BLUMENAUER. Mr. Speaker, I And, it’s my earth day resolution to work nately, people have had blindfolds on think it is clear that there is very lit- with all my colleagues to make the decisions their eyes when they come into our dis- tle likelihood that East Los Angeles necessary to protect our largest public trust re- trict because they place projects that will be forgotten with my colleague’s source. have negative effects on our health in eloquence, her insights, and her leader- The time for leadership is now. my district. ship. I will close with a quote from Commission’s We have higher rates of asthma than Mr. Speaker, I am happy to turn to report: other parts of L.A. County. We have the gentleman from Washington (Mr. The responsibility of our generation is to children that cannot go out and play INSLEE), who has represented several reclaim and renew the oceans for ourselves, on the playgrounds when the summer congressional districts. He has distin- for our children, and—if we do the job right— heat goes up and the smog levels go up. guished himself with the wilderness for those whose footprints will make the We have children that have to go to the and with energy and with thinking sands of beaches from Maine to Hawaii long emergency trauma units because they about how these pieces fit together for after ours have washed away. are suffering from asthmatic attacks, the future. I am honored to yield to Don’t forget to celebrate Earth Day, too. both children and our elderly. We see him this evening. There are activities and festivities scheduled that our drinking water is also con- Mr. INSLEE. Mr. Speaker, I appre- everywhere. Get out and participate, revel in taminated. ciate the opportunity to join this effort the spring, and help build awareness just by For many years there were prior Con- on Earth Day. I have two messages, one being there. As Teddy Roosevelt once said: gressmen, for example, Congressman inspirational and one that desires, ‘‘Do what you can with what you have where Torres, who led the way to clean up our frankly, a good fight. Let me start you can.’’ basin almost 20 years ago. We still have with the inspirational message. I want Mr. BLUMENAUER. Mr. Speaker, not found a solution to entirely clean to tell my colleague about a friend of next there is the opportunity to hear up our local area. Perchloric contami- mine, a Dennis Hayes, who as a young from the gentlewoman from California nates our water. That is rocket fuel man the first Earth Day stood up and (Ms. SOLIS). Although she has been a that was allowed to enter into our said, I am going to become personally more recent arrival to Congress, she water table through Department of De- committed to the environment of the has distinguished herself as a Member fense contractors. Many have come to globe. And he became, actually, the of the California legislature, as a tire- the table to try to clean that up, but manager of the organization that con- less champion of the environment, of we have not gone far enough. ducted the first Earth Day. And Dennis dealing with the problems at home on And just yesterday we had a hearing Hayes is still fired with the vigor of the neighborhood level, and has carried in the Committee on Energy and Com- dealing with these multiple environ- that passion back here affecting Fed- merce regarding DOD exemptions that mental challenges, and he is working

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.066 H22PT1 H2350 CONGRESSIONAL RECORD — HOUSE April 22, 2004 in Seattle now for the Bullet Founda- lowers our dependence on fossil fuels and A future where more of our energy needs are tion, which helps promote many great continues to stimulate our economy. met by those sustainable sources like wind fu- ideas and environmental agendas. Developing such a policy is not simply about sion, the sun, and biomass. A future where I hope other people who are of his protecting our environment. From a national Americans don’t have to sacrifice their own youth become inspired on multiple en- security standpoint, our dependence on oil, health just to keep using their air conditioners. vironmental challenges now, politi- especially in the transportation sector, is a A future where cartels like OPEC no longer cally and otherwise, and stay working continuing danger. You can look under every hold us captive to the volatile world oil market as long as Dennis has, who is still rock and drill in every inch of wilderness and and our energy needs no longer imperil na- working on solar cell technology and a coastline we have, and we will simply never tional security. A future where protecting our host of other efforts to deal with our be able to meet our current level of consump- environment and meeting our energy needs energy. tion. The sobering fact is that the Middle East go hand in hand. I appreciate this opportunity. We will contains a tremendous share of the world’s oil To do so will take patience, research, and have other opportunities next week to supply—and the more we remain dependent some innovative thinking. I plan to do all of continue this discussion. on their oil, the more we expose ourselves these in the coming months and years, and I Mr. SCHIFF. Mr. Speaker, distinguished col- and the world to violence and terrorism. hope my colleagues will join with me. leagues, the 34th annual Earth Day is a time From a public health standpoint, we can no Mr. OBEY. Mr. Speaker, Earth Day is a to reflect on our stewardship of the environ- longer rely so heavily on those energy sources great day to call attention to the many environ- ment: where we have been, and where we are that are poisoning us. Coal is cheap and mental and public health challenges that face going. We should use this opportunity to abundant in the U.S.—but its emissions, in- everyone on the planet. It is also a great op- rethink our current direction. America’s status- cluding mercury and sulfur dioxide, cause portunity to reflect on the history of the Earth quo energy policy is untenable. Our depend- thousands of premature deaths and diseases Day movement and to pay tribute to one of re- ence on fossil fuels is polluting our air and like emphysema and asthma every year. cent history’s great statesmen and founding water, overheating our planet, and tying up These are the very human costs that we must father of the movement, our former Senator our foreign policy. Yet a sustainable, energy- consider when we think about where we are from Wisconsin, Gaylord Nelson. efficient future lies before us—if we are willing getting our energy. Today, people all around the nation are to reach for its. Of course, the environmental impact of our celebrating Earth Day. Local communities The consequences of fossil fuel use are ev- dangerous addiction to fossil fuels is well have organized events to, once again, bring to erywhere. The Environmental Protection Agen- known. Even as our cars get cleaner, their the public eye the importance of working to- cy determined that almost 500 counties across combined carbon dioxide emissions, along gether to improve our quality of life and to pro- the country suffer from unhealthy levels of with those from power plants and other tect our natural heritage. smog that must be reduced. Gas prices have sources, are largely to blame for global warm- However, without the leadership of a pas- hit record highs, which bites into the cost of ing. The emissions from burning coal foul the sionate public servant from Wisconsin, we living for ordinary Americans and threatens air, creating smog and acid rain, while mer- would no be breathing air as clean. We would economic growth. Our dependence on oil lim- cury falls to the ground and pollutes our water- not be swimming in lakes, rivers and streams its our foreign policy and makes us rely on ways. as safe. We would not be enjoying the beauty other nations for survival. And behind it all Equally troubling is the way we extract fossil of public lands as special as those we were looms global warming. fuels—to get coal, we rip off the tops of moun- able to protect under laws he championed. We The biggest lost opportunity of the current tains and dump them into nearby streams; to would not be holding Earth Day celebrations Administration has been the failure to set a get oil and natural gas, we drill extensively, each year on April 22nd. goal for this country of halving our depend- often risking spillage. The oil and gas indus- Earth Day was ‘‘born’’ in September, 1969. ence on fossil fuels in the next decade. I be- tries seem to have an insatiable appetite for Senator Gaylord Nelson was invited to give a lieve in the American entrepreneur and our opening and exploiting our most precious speech at a conference held at the Seattle ability to develop technologies that will dra- lands and our coastlines—yet even they must Science Center. In his speech, he suggested matically reduce our dependence on fossil realize that we cannot drill our way to a better that, just as Americans had been involved in fuels. Many of those technologies already energy future. ‘‘teach-ins’’ to protest the Vietnam war, the exist. Many are on our roads. But they must Mr. Speaker, the legislation we passed in country should also set aside a day to call at- be nurtured if they are to develop further. this House last year was not an energy policy. tention to the environmental problems facing The first step is to encourage the use of hy- It was a grab bag of goodies for special inter- our planet and to demand that Congress ad- brid gas-electric cars. These cars have double ests. The bill reads as if every sector of the dress those important issues. He expressed the gas mileage of standard cars and dramati- energy industry simply submitted their wish his firm belief that the American people need- cally lower emissions. Moreover, unlike other lists, translated nicely into legislative lan- ed to put their leaders ‘‘on notice,’’ and he en- clean car technologies, they are also available guage—much like the development of the rec- couraged folks everywhere to explain to their now in meaningful numbers. With a small en- ommendations of the Vice President’s Energy elected officials that they were tired of empty couragement, we can bring about the wide- Task Force. promises. It was time for real action on the en- spread adoption of this exciting new tech- What we really need is a rational energy vironment. nology. policy that puts us on the road to a more se- At that same conference, he suggested that Hybrids are only the first step. We should cure energy future. We should invest in re- in the spring of 1970, there should be a na- draw on our technological prowess to solve search into renewable and sustainable tion-wide grassroots demonstration on behalf our energy challenges with renewable sources sources and energy efficiency. We should set of the environment, and he encouraged the of energy that reduce pollution, such as solar, intelligent goals for the future: ten, twenty, fifty listening public to participate. Wire services geothermal, biomass, landfill gas, and fusion. years in the future, how much energy should carried the story from coast to coast, and as I have great confidence in America’s techno- we be producing from each source? How history showed, the response was overwhelm- logical know-how in solving these challenges; much should we be consuming in each sec- ingly positive. our national public policy should aim to create tor—transportation, residential, industrial? How Within hours of that Seattle speech, tele- research and development incentives for the can we protect our environment and our grams, letters and telephone inquiries from public sector to partner with the private sector health while meeting the energy needs of a across the country poured into his Senate of- in bringing promising technologies to market. growing economy? We should also get our fice. His phones in the Capitol were literally As a nation, we must reduce pollution and hands around the growing demand across the ringing off the hook, as people called in to say help leave a sustainable energy future for our country for gas for our cars, electricity for our that they wanted to organize Earth Day cele- children. lights and computers, and natural gas for our brations in their own communities. It was obvi- Together, we can turn our country away heat—and find out how to be efficient as pos- ous that Senator Nelson had struck a chord, from its current unhealthy practices and to- sible with all of that consumption. and that this was an idea whose time had ward a cleaner, more sustainable tomorrow. It I would like to lay out a challenge to all of come. Over the next four months, the calls will not be easy, but it must be done. my colleagues. Let’s reject the stalled energy and letters increased in number until his Sen- Mr. HOLT. Mr. Speaker, on this Earth Day, legislation. Let’s move beyond the politics of ate staff was overwhelmed by the response. I think it is vital to point out the increasing squeezing every last bit of oil, gas, and coal At that point, he decided to hire several tal- need for this country and this Congress to put out of this country and work on policies that ented students to help organize and respond together a sensible, rational energy policy that envision a sustainable, secure energy future. to peoples’ calls to action.

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4634 Sfmt 9920 E:\CR\FM\K22AP7.152 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2351 Senator Nelson himself has said that no one statesmen, the thoughtful and provocative industries, whom he considered often biased individual or group had either the time or the founding father of Earth Day, Senator Gaylord in matters concerning public health. resources to organize and coordinate all of the Nelson. By 1970, Patterson and his colleagues had activities of the 20 million people and thou- Mr. MORAN. Mr. Speaker, with today’s cele- completed studies of snow strata from Green- sands of schools, community groups and oth- bration of Earth Day marked locally by public land and Antarctica that showed clearly the in- ers who made the first Earth Day such a suc- anxiety over lead contamination in our area crease in atmospheric lead began with the in- cess. Instead, he credits the many dedicated drinking water, I thought it fitting to commemo- dustrial revolution. Modern Greenland snow people in communities across the country, that rate the life of Clair Patterson, a scientist who contained over 100 times the amount of lead were sparked to organize at the local level in worked singlehandedly to reduce our exposure in pre-industrial snow, with most of the in- response by his speech, and send a loud and to lead and, in the process, save millions of crease occurring over the last 100 years. clear wake-up call to their elected officials on lives. In 1971, he criticized a National Research the issue of environmental health. While his As a scientist specializing in the environ- Council report on the Environmental Protection speech had resonated with Americans every- ment, Clair Patterson’s pioneering work Agency’s policies on lead pollution as not where, and was clearly a catalyst for change, stretched across an unusual number of sub- being forceful enough in interpreting its data he insists that no single individual was respon- disciplines, including archaeology, meteor- and being too heavily weighted toward indus- sible for organizing the first Earth Day. Rather, ology, oceanography, chemistry and geology. trial scientists. Although Patterson’s work was Earth Day 1970 literally organized itself. It is, Despite these many areas of expertise, he is initially ignored, by December 1973 the EPA to this day, a stellar example of how individ- best known for determining the age of the announced a program to reduce lead in gaso- uals can make a difference and literally Earth. line by 60–65 percent in phased steps. Thus change history. The son of a postal worker, Clair Patterson was the beginning of the removal of lead from In April 1970, twenty million people spoke began a lifelong attraction to chemistry that gasoline. out for the environmental health of the plan- began at an early age and ultimately led to a In the late 1970s Patterson turned his atten- et—rich people and poor people, young and thesis in molecular spectroscopy. Besides tion to lead in food. He wrote to the commis- old, farmers and city dwellers, Republicans working on the Manhattan Project, he contin- sioner of food and drugs at the Environmental and Democrats—stood together for the planet. ued his dissertation in 1951 and analyzed lead Protection Agency asserting that his head- A week-long series of Earth Day events in samples that gave lead isotopic compositions quarters laboratory could not correctly analyze Philadelphia drew over 30,000 people to Inde- for minerals separated from a billion-year-old for lead in tuna fish and called for more accu- pendence Mall on April 21, 1970 and an esti- sample of Precambrian granite. rate analysis. Patterson made several rec- mated 75,000 people to Fairmount Park on Prompted by a visit to the U.S. Geological ommendations for improvements that were Earth Day itself, April 22. People came in Survey in Washington DC, Mr. Clair Patterson taken seriously and prompted EPA to conduct droves to listen to the keynote speaker and began research that opened up a new field of better lead analyses. author of the landmark 1970 Clean Air Act, dating for geologists. This led to hundreds of In 1980, Patterson and a fellow researcher Dorothy M. Settle published a warning on the Senator Edmund Muskie. age determinations based on his methods and Following that initial activism, thousands amount of lead entering the food chain due to techniques and affirmed his predictions on the more attended events at every college in that lead solder used in sealing cans. By 1993 most accurate age of the planet. region during that week. The organizers of In 1962, he and other scientists observed lead solder was removed from all food con- those events accomplished this without having that the lead concentration in the deeper parts tainers in the United States. Patterson’s influ- any contact with Senator Nelson, his staff, or ence is again clearly evident. of the Pacific Ocean were 3 to 10 times less any other national coordinating body. Like rip- Patterson was appointed in 1978 to a 12 than surface water. These observations pro- ples in a pond, thousands of people in other member National Research Council panel to vided new evidence that human industrial ac- communities across the country organized evaluate the state of knowledge about envi- tivity had disturbed the natural geochemical their own local Earth Day events in 1970 until ronmental issues related to lead poisoning. cycle for lead and raised concentrations lev- the movement was 20 million strong. Today, The panel report cite the need to reduce lead els. local, ad hoc Earth Day groups continue to or- hazards for urban children (a finding that de- He could have stopped there and returned ganize their own events on April 22, focusing mands renewed attention following the Wash- to his scientific and academic pursuits. He did on the local, regional, national or global issues ington area’s lead scare) and called for further not and for that we should all be grateful. He that matter most to them. That was and con- research on the relationship between lead in- deserves recognition today for taking a dif- tinues to be the strength and power of Earth gestion and intellectual ability. ferent path. A path that invited controversy, Day. In short, Patterson argued that the dangers As Senator Nelson is fond of pointing out, it derision from many of his peers and even of lead were already clear enough and that ef- is the activist students and folks in commu- threats from industries he challenged. When forts should start immediately to drastically re- nities across the country, and their actions as he found that the lead concentration in the duce or completely remove industrial lead a group rather than those of any one indi- blood of many Americans was over 100 times from the everyday environment. That included vidual, who ensured the environment finally that of the natural level, and dangerously gasoline, food containers, foils, paint, and took its place as a priority issue on the na- close to the accepted limit for symptoms of glazes. He also cited water distribution sys- tional political agenda. They made possible lead poisoning to occur, he began to track tems and urged investigations into biochemical the dramatic environmental gains of the past down the sources of lead contamination and effects of lead at the cellular level. 34 years. We are all in debt to that generation take on the industries responsible for polluting As we reflect on Patterson’s lifelong commit- of young people—grade school, high school, the environment with lead and challenged gov- ment to environmental health, we must listen and college—who supplied the energy, enthu- ernments, Federal, State and local to limit our to today’s unsung heroes who are calling for siasm, and idealism that made Earth Day such exposure. more vigilant protection of public health and a spectacular success. Earth Day was and is He wrote to California Governor Pat Brown an end to the assault on our Nation’s environ- a pluralistic event in which every individual emphasizing the dangerously high levels of mental laws that jeopardize the health of our and every group that wants to be involved is lead in aerosols, particularly in the Los Ange- children and grandchildren. able to do so, and claim ‘‘ownership’’ of the les area. In it he claimed that the California In a world increasingly marked by techno- day. Department of Public Health was not doing all logical and scientific innovation, Clair Patter- Twenty years later, Earth Day has gone it should to protect the population from the son’s lifelong efforts demand renewed atten- global and more than 200 million people from dangers of lead poisoning. By 1966, Governor tion. On this Earth Day, as we see so many 141 countries participated in the last celebra- Brown signed a bill directing the State Depart- of our country’s environmental laws being tion. However, the millions who rallied on that ment of Public Health to hold hearings and to rolled back, let us honor Clair Patterson’s life- first Earth Day are what gave Senator Nel- establish air quality standards for California by long commitment to finding that balance be- son’s simple idea its power. And in 1995, February 1, 1967. Although that deadline was tween modern technology and preserving the while celebrating the 25th anniversary of Earth not met, Patterson clearly played a role in ad- environmental and human health. We have a Day, President Bill Clinton appropriately hon- vancing concern over California air control collective responsibility to preserve our natural ored Senator Nelson’s timely contribution to standards. surroundings for generations to come. the movement by presenting him with the He testified before the Senate Sub- Mr. KIND. Mr. Speaker, I rise today in com- Medal of Freedom. committee on Air and Water Pollution in 1966. memoration of the 34th anniversary of Earth We can all be proud and grateful for the Patterson believed it was wrong for public Day. Started in 1970 by Wisconsin’s own Sen- contribution of one of Wisconsin’s great health agencies to work so closely with lead ator Gaylord Nelson, this annual celebration

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 9920 E:\CR\FM\A22AP7.063 H22PT1 H2352 CONGRESSIONAL RECORD — HOUSE April 22, 2004 marks the birth of the modern environmental and upgrade existing wastewater treatment fa- and as Chairwoman of the Missouri Commis- movement. cilities we could see the progress of the past sion on Global Climate Change and Ozone For much of the 20th century, people ac- 30 years reversed. As we enter the summer Depletion, I am alarmed and concerned by cepted pollution as the inevitable price of months, over 30 million fisherman will head to these weakened standards. Earth Day was progress. That began to change in the early their favorite fishing holes, millions more created in 1970 as a call to action after drastic 1960s. In 1970, when Senator Nelson saw Americans will head to beaches and lakes for environmental events such as the chemical that few U.S. leaders were paying attention to a refreshing swim. These simple summer emergency at Love Canal and the ‘‘death’’ of public concern about the environment, he an- pleasures share one common element—clean Lake Erie. This massive environmental protest nounced a series of teach-ins across the water. drew attention to environmental problems country to be held on April 22. That year, 20 Investing in clean water infrastructure also plaguing communities across our country. million people participated in the first Earth makes eminent economic sense. According to Today, we must continue that commitment to Day. the American Public Works Association, over preserve our planet not only on our continent, Soon after, the Congress passed and Presi- 40,000 jobs are created for every billion dol- but around the world. As we honor the 34th dent Nixon signed a series of unprecedented lars that is invested in wastewater infrastruc- anniversary of Earth Day, we acknowledge the laws creating the Environmental Protection ture construction. achievements of some of our most conscien- Agency, establishing national limits for air and As we reflect on the importance of clean tious global environmental leaders. On April water pollutants, and requiring environmental water to our quality of life, I believe it is time 19, the Sierra Club awarded the 15th annual impact assessments before federally funded to consider providing water infrastructure with Goldman Environmental Prize to several projects could begin. the same funding priority we assign to high- grassroots activists who have worked to make Sadly, the current administration seems to ways and airports. Congress must begin con- our world a better place to live. be doing all it can to reverse decades of bipar- sidering long-term, dedicated funding for our These seven leaders, Rudolf Amenga-Etego tisan progress on the environment at the be- Nation’s water infrastructure. of Ghana, Rashida Bee and Chama Devi hest of large special interests. Landmark legis- Mr. BOEHLERT. Mr. Speaker, as we cele- Shukla of India, Manana Kochladze of Geor- lation that has successfully protected the pub- brate Earth Day, it is important to reflect upon gia, Demetrio Do Amaral de Carvalho of East lic health such as the Clean Air Act, Clean our environmental accomplishments and plan Timor, Margie Eugene-Richard of the U.S., Water Act, and the Safe Drinking Water Act for the environmental challenges ahead. For and Libia Grueson of Colombia, have made are under assault. over three decades investments in clean water significant contributions to their communities: It would appear that Senator Nelson’s vi- infrastructure, wastewater treatment facilities, providing safe drinking water for the people, sionary efforts to build a grassroots movement have been the linchpin of water quality im- seeking justice for world disaster survivors, to demonstrate the public’s insistence on a provements in lakes, rivers and bays. Today, blocking the construction of environmentally clean and healthy environment for themselves over 30 million Americans enjoy fishing in wa- damaging oil pipelines, leading reforestation and future generations, is needed as much ters that have been improved through waste- and watershed management programs, fight- today as it was 34 years ago. water treatment investments. ing pollution and protecting rainforests. Yet as And, in fact, Earth Day continues to be an Unfortunately, the future of clean water has these global activists serve their communities event that unites people concerned about their become increasingly murky. According to anal- and work to better their environment, here in environment, and who strive to protect it for ysis conducted by the Environmental Protec- the United States we are rolling back much of our children’s future. Last year, hundreds of tion Agency and confirmed in studies by the the progress our own leaders have made. We millions of people in more than 180 countries Water Infrastructure Network and the Govern- must reverse this direction and restore our around the world came together to celebrate ment Accounting Office, America is facing a commitment to the environment, to breathable the progress that has been made over the water and wastewater infrastructure funding air and drinkable water, and to preservation of past 33 years. gap that will exceed $500 billion over the next wildlife and our quality of life. Today, the vast majority of Americans do 20 years. This infrastructure funding crisis, if On the first Earth Day in 1970, I joined more not believe that pollution is a necessary price not addressed, will have devastating economic than 20 million Americans in demonstrating for for our progress, and want clean air, clean and environmental consequences for our Na- a healthy, sustainable environment. I have water and pristine public lands for their chil- tion. worked at the state and federal levels for land- dren. People want their government to im- Historically, Congress has developed legis- mark legislation such as the Clean Water Act, prove, rather than undermine our country’s lation providing long-term, dedicated sources the Clean Air Act, the Endangered Species public health and environmental protections. of funding for massive infrastructure invest- Act, Global Climate Change and the establish- Instead of taking steps backwards, I urge the ment priorities. Our Nation’s highway and ment of the Environmental Protection Agency, President to engage in the bipartisan work aviation infrastructure needs are funded pri- among other legislative initiatives. needed to build on a positive environmental marily through dedicated trust funds. I believe This Saturday, I join members of my com- agenda that Senator Gaylord Nelson envi- it is time to begin a constructive dialogue be- munity in celebrating our local progress at the sioned when he started Earth Day. tween State, local and Federal officials on how Eighth Annual Bridging the Gap Earth Day Mrs. KELLY. Mr. Speaker, I rise today, our Nation is going to ensure that needed in- Walk. City has developed a plan to re- Earth Day, to discuss the critical importance of vestments in clean water infrastructure are store and maintain our natural resources for investing in America’s clean water infrastruc- going to be made in the future. current and future generations. I worked with ture. As we begin the 21st century, investment Ms. McCARTHY of Missouri. Mr. Speaker, the city to assure biodiesel as an alternative in water infrastructure stands as one of the as we celebrate the 34th anniversary of Earth source of energy for our buses in order to most important economic and environmental Day, I rise to recognize the ongoing struggle maintain our air quality for the health of our investments our government will make. to preserve and protect our environment for citizens. Since 1972, our Nation has made important future generations. We have made significant There is much more we must do to ensure progress in improving the water quality of progress since the first Earth Day in 1970, but the protection of our environment. We must lakes, rivers and harbors across the land. recent funding cuts and policy changes are strengthen, not weaken, regulations that pro- However, we are at an important crossroad in now jeopardizing vital environmental programs tect our natural resources. We must provide the effort to make our Nation’s waters fishable such as the Clean Water Act and the Clean necessary funding for programs that ensure and swimmable. Recent studies by EPA, GAO Air Act. The Natural Resources Defense the quality of the air we breathe and the water and the Water Infrastructure Network all point Council, a national organization that advocates we drink. On this 34th anniversary of Earth to a water infrastructure funding crisis. Accord- environmental action, recently released a re- Day, we must pledge to continue our commit- ing to EPA’s Clean Water and Drinking Water port, ‘‘Rewriting the Rules,’’ which documents ment to protecting and preserving our environ- Gap Analysis, America is facing a $535 billion more than 150 assaults on our environmental ment. funding shortfall for water infrastructure over safeguards between January 2003 and March Mr. Speaker, please join me in recognizing the next two decades. This analysis comes at 2004. Of particular concern is the rollback of this important anniversary of Earth Day and a time when the Federal Government is com- environmental regulations that keep sewage saluting organizations like the Sierra Club that mitting less than $2 billion dollars a year to out of our waterways and drinking water, pro- act globally to honor those who work for sus- water and wastewater infrastructure. tect our public lands, and limit mercury pollu- taining our planet. The most significant improvements in water tion in our air. As the principal sponsor of Mis- Ms. LEE. Mr. Speaker, I rise today, on Earth quality have resulted from our investments in souri’s Clean Air and Air Emissions Standards Day, to speak out in support of policies that wastewater treatment—if we fail to replace Acts during my tenure in the state legislature protect our planet, promote energy security,

VerDate mar 24 2004 04:36 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\A22AP7.068 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2353 and preserve human health. Unfortunately, in My constituents and other Americans are mental Policy Act. Producing profits for their its 3 years in office, the Bush administration being shortchanged by attempts to weaken fat cat friends has given rise to plans to open has launched an all-out assault on our envi- clean water and clean air standards, particu- protected lands for oil and gas drilling. Com- ronment in all three of these areas. larly the mercury proposal. As co-chair of the mercial logging companies have been invited Bush policies have weakened protections on on Women’s Issues, I into our national forests and attempts to air, water, and public lands, and these as- am very concerned that women and children, dredge and fill our wetlands. Mr. Speaker, this saults pose a direct threat to public health now the groups who are at most risk from mercury administration does not recognize that we can and in the future. The actions we take now to exposure, are hurt by this proposal. A recent have, and we have had, both economic protect these vital resources and to reinvent analysis by the EPA indicates that 1 in 6 booms and environmental protection. The two our approach to energy will have enormous women of childbearing age have levels of are not mutually exclusive. consequences for future generations. Global mercury in their blood at unsafe levels; 1 in 12 One item on this extreme, anti-environment warming, perhaps the most catastrophic and women of childbearing age has enough mer- agenda is altering our current Superfund pro- far-reaching consequence of our current prac- cury in her system to pose a potential threat gram. My colleagues on the other side of the tices, will not wait; our efforts to tackle these to fetal health. This contamination results in aisle have abandoned the ‘‘polluter pays’’ prin- problems can’t wait either. more than 600,000 newborns at risk of neuro- ciple and have instead turned to the taxpayer We need to begin by preserving existing logical problems due to mercury exposure. to ‘‘pay the polluter’’ and shoulder the cost of protections, from maintaining the well being of We need to take immediate action to reduce toxic waste cleanups. In 1995, the Clinton ad- the Arctic National Wildlife Refuge by con- women and children’s exposure to mercury. ministration paid for 82 percent of toxic waste tinuing to ban drilling in this precious wilder- Under the Clean Air Act, toxic substances like clean-ups from the Superfund Trust Fund, ness to maintaining the well being of our chil- mercury must be controlled at each and every funded by polluter-paid fees. The current ad- dren by halting the disastrous Bush adminis- power plant by using the maximum achievable ministration, on the other hand, has emptied tration rollbacks of our clean air and water control technologies. Two years ago, EPA es- this fund and are handing the bill to the Amer- regulations. timated that under this standard, existing tech- ican taxpayer. Furthermore, the swiftness of Our next step must be enforcement of exist- nologies could reduce 90 percent of mercury cleanups has declined 45 percent from the av- ing laws and regulations. The Republican pollution from power plants, bringing mercury erage of 87 sites per year during President budget cuts environmental programs by $39 emissions down to roughly 5 tons per year by Clinton’s second term to a mere 40 sites in billion. At those levels, we cannot enforce ex- 2008. 2003. Polluters need to be held responsible, isting public health safeguards. To make mat- Unfortunately, EPA’s proposed mercury which is why ‘‘polluter pays’’ should be re- ters worse, the administration has abandoned standards are not protective of public health. stored. the ‘‘polluter pays’’ principle: taxpayers, not The emission limits proposed are 10–20 times Furthermore, my Republican colleagues the polluters themselves, will now be respon- higher than what some plants achieve today. have undermined the safeguards put in place sible for the costs of cleaning up toxic Super- In the end, EPA’s proposal allows power by the Clean Water Act. President Bush’s fund sites. And one in every four people in this plants to emit six to seven times more mer- guidance to federal agencies has left 20 mil- country live within 4 miles of a major toxic cury into our airways for a decade longer com- lion acres of wetlands and countless miles of waste site on the Superfund list. pared what EPA has said is achievable. I call streams unprotected. What’s more, the admin- For people of color, these numbers are on the administration to significantly strength- istration is proposing to slash states’ Clean even worse and so are the consequences. en this approach so that as much mercury as Water revolving loan funds by $492 million in Life expectancy itself is an environmental jus- possible is removed from the emissions of 2005. Mr. Speaker, the Clean Water Act pro- tice issue. In this country, life expectancy pro- each and every power plant. tects all waters of the United States, a fact this jections are shaped as much by race as by It is sad that this administration has abso- administration fails to see. Today, as a result gender. These disparities follow a cradle to lutely no environmental accomplishments on of the Clean Water Act, our lakes, rivers, and grave cycle: beginning with infant mortality, its record. The administration has repeatedly streams are in considerably better condition continuing with workplace hazards and in- ignored the dangers that environmental toxins than they were 30 years ago. But that creased exposure to pollution, and ending with like mercury pose to women and children, and progress can easily be lost. We cannot let disparate access to healthcare, diagnoses, instead bends over backwards to cater to their these unprincipled rascals in the White House and medical treatment. friends in polluting industries. We cannot con- continue to roll back the Clean Water Act. We see these forces clearly in diseases that tinue to play politics with human health, the An additional assault on our environmental strike most deeply into our cities and affect environment and our children’s futures. laws appears in President Bush’s forest policy. children most severely. Asthma rates among Mr. DINGELL. Mr. Speaker, as you know, I am particularly concerned that President the urban poor are reaching alarming propor- Earth Day marks a day of reflection for the Bush’s plan calls for overriding and ignoring tions. Death rates from asthma, and a host of American public, an opportunity to evaluate many environmental rules, resulting in the sti- other treatable diseases, are significantly high- our progress in the fight to protect our environ- fling of public input and the reliance on private er among than any other ment. This past year we have seen the Bush industry to do work on local forests. This out- ethnic group. Asthma rates in Oakland, in my administration’s blatant disregard for the envi- landish plan attempts to justify destroying for- district, are among the highest in the country. ronment. Each one of us has the responsibility ests in the name of saving them. The roadless Children in West Oakland are seven times to stand up for environmental protection irre- rule has opened pristine forests, such as the more likely to be hospitalized for asthma than spective of the wishes of special interests. Tongass National Forest, to logging projects, children in the rest of California. However, my Republican colleagues have threatening one of America’s few remaining On Earth Day, it is important that we recog- failed to keep our Nation’s commitment to a temperate rain forests. As the author of the nize just what is at stake here: our air, our healthy and secure environment. National Environmental Policy Act, I believe water, our lands, and our children’s health. We I have been here for a long time. I am proud the Federal Government must weigh the envi- need to stop the Bush administration’s assault of the role I played in many of our cornerstone ronmental consequences of an action before it on existing protections, and we need to invest environmental laws. In the 1970s, we recog- is undertaken. This is a common sense law in new solutions, especially in the energy nized that we owe it to future generations to that needs to be enforced, not rolled back. arena, that will increase our own security as protect the environment, the laws we passed When I first arrived in Congress, the United well as protect the environment around us. were not , they were common States had virtually no environmental protec- Ms. SLAUGHTER. Mr. Speaker, I rise today sense. These laws were passed on an over- tion statutes on the books. Businesses, gov- as the world recognizes Earth Day, to express whelmingly bipartisan basis. One could even ernments and individuals could spew into the my strong concern with a recent proposal by say that these environmental laws were so im- air, pump into the water, or dump onto the the administration to weaken standards on portant that they were, in fact, nonpartisan. ground virtually anything—with impunity. Our mercury emissions from power plants. Sadly, the tide has turned. Government has made strong environmental This administration seems to have forgotten The Bush administration has shown, over gains during the past generation and the cur- that Earth Day is our special day to look at the and again, that they care more about their cor- rent administration is a threat to that progress. planet and see what needs changing. We porate buddies than the health and well-being Ultimately, it must be our goal as a nation to should be moving forward with environmental of the American public. This has resulted in create and maintain a vibrant, thriving and policy, as we have done for nearly 35 years. the weakening of some of our most funda- healthy ecosystem. Unfortunately, I fear that this administration is mental environmental protections, including Mr. Speaker, we borrow the Earth from fu- set on reversing these decades of progress. the Clean Water Act and the National Environ- ture generations, and we owe it to these future

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\A22AP7.074 H22PT1 H2354 CONGRESSIONAL RECORD — HOUSE April 22, 2004 inhabitants to protect it to the best of our abil- In order to protect some of the natural envi- pointing will distract from the real les- ity. We have serious environmental problems, ronment of Puerto Rico, I have introduced leg- sons of 9/11. Which agency, which de- but unfortunately, the Bush administration is islation designating approximately 10,000 partment, or which individual receives making matters worse, not better. acres of land in the Caribbean National Forest the most blame should not be the main Mr. ACEVEDO-VILA´ . Mr. Speaker, I rise in Puerto Rico as the El Toro Wilderness and purpose of the investigation. today to show strong support for Earth Day. It as a component of the National Wilderness Despite the seriousness of our failure is a great opportunity to encourage citizens to Preservation System. Through this legislation, to prevent the attacks, it is disturbing be conscious and take action regarding their the habitats within the El Toro Wilderness will to see how politicized the whole inves- responsibility towards environmental protec- be protected, as well as the forest’s magnifi- tigation has become. Which political tion. cent biodiversity. party receives the greatest blame is a The first Earth Day was held in 1970 as an It is necessary to educate our citizens about high-stakes election-year event and annual event to honor our planet and our re- the importance of environmental conservation distracts from the real lessons ignored sponsibility for it. Earth Day’s purpose is to and conservation practices to maintain the by both sides. educate our citizens of the importance of con- natural resources of Puerto Rico and the rest Everyone I have heard speak on the serving the environment and to encourage of the world for future generations. This can issue has assumed that the 9/11 attacks them to restore their local community, improv- be better accomplished by providing informa- resulted from the lack of government ing quality of life and human health for all. tion through schools, communication media, action. No one in Washington has The natural resources of Earth are the es- conservation programs, and volunteer or spe- raised the question of whether our sential components of our environment and cial activities. Earth Day is a perfect moment shortcomings brought to light by 9/11 the development of life; therefore our dedica- to put in practice these goals by instructing could have been a result of too much tion to its conservation is very important for and encouraging citizens to contribute to envi- government. Possibly in the final re- sustaining future generations. Currently, Puer- ronmental conservation. As responsible and port we will hear this discussed, but, to to Rico, as well as the rest of the world, is fac- dedicated citizens to the conservation of our date, no one has questioned the as- ing many environmental challenges due pri- environment, Earth Day should become an sumption that we need more govern- marily to human development and environ- every day priority to ensure and increase the ment and, of course, though elusive, a mental pollution. Essential resources such as quality of life and human health. Earth Day is more efficient one. The failure to un- water, air, soil and biodiversity are threatened not only one day; it is every day because derstand the nature of the enemy who by human activity. The existing population of every day is a good time to consider our envi- attacked us on 9/11, along with a pre- Puerto Rico is almost 4 million people and this ronment, and take action to protect the nature determined decision to initiate a pre- overpopulation results in limited available re- that surrounds us. emptive war against Iraq, prompted sources to support its residents. Water scar- f our government to deceive the people city and contamination, air pollution and cli- into believing that Saddam Hussein mate change, the destruction of natural habi- GENERAL LEAVE had something to do with the attacks tats for construction, erosion causing water Mr. BLUMENAUER. Mr. Speaker, I on New York and Washington. shortage, and the endangerment of many spe- ask unanimous consent that all Mem- The majority of the American people cies are among the main problems that our bers may have 5 legislative days within still contend that the war against Iraq environment is facing. which to revise and extend their re- was justified because of the events of Pure water is essential for all life on Earth marks and include extraneous material 9/11. These misinterpretations have led and provides habitat to many organisms. The on the subject of this Special Order. to many U.S. military deaths and cas- human race is putting in serious danger this The SPEAKER pro tempore (Mr. ualties prompting a growing number of vital resource by the energy production, inter- BURNS). Is there objection to the re- Americans to question the wisdom of ruption of water flows, deforestation, and the quest of the gentleman from Oregon? our presence and purpose in a strange, wasting of water by those who overuse this re- There was no objection. foreign land 6,000 miles from our source. Air is an essential resource for life as f shores. well. Its pollution comes primarily from coal The neocon defenders of our policy in burning power plants, automobiles, and indus- THE REAL LESSONS OF 9/11 Iraq speak of the benefits that we have trial operations. These activities affect not only The SPEAKER pro tempore. Under brought to the Iraqi people: removal of human health but also the atmosphere that the Speaker’s announced policy of Jan- a violent dictator, liberation, democ- protects us from the sun’s radiation. Human uary 7, 2003, the gentleman from Texas racy and prosperity. That the world is activities also destroy biodiversity through con- (Mr. PAUL) is recognized for 60 minutes a safer place is yet to be proven. So far tamination, deforestation and destruction of as the designee of the majority leader. it is just not so. natural habitats for construction and other de- Mr. PAUL. Mr. Speaker, we are con- If all of this were true, the resistance velopments. As humans, we are totally de- stantly admonished to remember the against our occupation would not be pendent on nature for survival and, instead of lessons of 9/11. Of course, the real issue growing. We ought to admit we have conserving, our actions negatively impact na- is not remembering, but rather know- not been welcomed as liberators as was ture. ing what the pertinent lesson of that promised by the proponents of the war. In Puerto Rico, we are faced with immediate sad day is. The 9/11 Commission will Though we hear much about the so- challenges in areas like Vieques, Culebra and soon release its report after months of called benefits we have delivered to the Roosevelt Roads, where contamination threat- fanfare by those whose reputations are Iraqi people and the Middle East, we ens the health and well being of thousands of at stake. hear little talk of the cost to the residents, water quality, and sustainable eco- The many hours and dollars spent on American people: lives lost, soldiers nomic development. Residents of these re- the investigation may well reveal little maimed for life, uncounted thousands gions deserve full and prompt clean up and we do not already know, while ignoring sent home with diseased bodies and decontamination of their lands. Another chal- the most important lessons that should minds, billions of dollars consumed, lenge for the Island is the protection and re- be learned from this egregious attack and a major cloud placed over U.S. covery of endangered species population. En- on our homeland. Common sense al- markets and the economy. demic species’ population such as the golden ready tells us the tens of billions of Sharp political divisions reminiscent coquı´ (Eleutherodactylus jasperi), the Puerto dollars spent by the agencies of govern- of the 1960s are rising at home. Failing Rican boa (Epricates inornatus), and the Puer- ment whose job it is to promote secu- to understand why 9/11 happened and to Rican parrot (Amazona vittata) that lives pri- rity and intelligence for our country looking for a bureaucratic screw-up to marily at the Caribbean National Forest, El failed. explain the whole thing, while using Yunque, have been significantly reduced due A full-fledged investigation into the the event to start an unprovoked war to encroachments of their habitats. The West bureaucracy may help us in the future, unrelated to 9/11, have dramatically Indian manatee (Trichechus manatus) and the but one should never pretend that a compounded the problems all Ameri- green sea turtle (Chelonia mydas) are other government bureaucracy can be made cans and the world face. examples of endangered species as a result efficient. It is the very nature of a bu- Evidence has shown that there was of marine contamination on coastal areas due reaucracy to be inefficient. Spending no connection between Saddam Hus- to human development. an inordinate amount of time finger- sein and the guerrilla attacks on New

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.076 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2355 York and Washington. And since no in Spain. We should remember that to make the intelligence agencies more weapons of mass destruction were since World War II, in 35 U.S. attempts effective, but one thing is certain: found, other reasons are given for in- to promote democracy around the More money will not help. Of the $40 vading Iraq. world, none have succeeded. Pro- billion spent annually for intelligence, b 1830 ponents of war too often fail to con- too much is spent on nation building template the unintended consequences and activities unrelated to justified The real reasons are either denied or of an aggressive foreign policy. So far, surveillance. ignored: oil, neoconservative, empire the antiwar forces have not been sur- There are two other lessons that building and our support for Israel over prised with the chaos that has now be- must be learned if we hope to benefit the Palestinians. come Iraq’s, or Iran’s participation, by studying and trying to explain the The proponents of the Iraqi war do but even they cannot know all the disaster that hit us on 9/11. If we fail to not hesitate to impugn the character of long-term shortcomings of such a pol- learn them, we cannot be made safer, those who point out the shortcomings icy. and the opposite is more likely to of current policy, calling them unpatri- In an eagerness to march on Bagh- occur. The first point is to understand otic and appeasers of terrorism. It is dad, the neocons gloated, and I heard who assumes the most responsibility said that they are responsible for the them, of the shock and awe that was for securing our homes and businesses growing armed resistance and for the about to hit the Iraqi people. It turns in a free society. It is not the police. killing of American soldiers. It is con- out that the real shock and awe is that There are too few of them, and it is not veniently ignored that if the opponents we are further from peace in Iraq than their job to stand guard outside our of the current policy had had their we were a year ago. And Secretary houses and places of business. More way, not one single American would Rumsfeld admits his own surprise. crime occurs in the inner city where have died, nor would tens of thousands The only policy now offered is to es- there are not only more police, but of Iraqi civilians have suffered the calate the war and avenge the death of more restrictions on property owners’ same fate. Al Qaeda and many new mil- American soldiers. If they kill 10 of our rights to bear and use weapons if in- itant groups would not be enjoying a troops, we will kill 100 of theirs. Up vaded by hoodlums. In safer rural areas rapid growth in their ranks. until now, announcing the number of where every home has a gun and some- By denying that our sanctions and Iraqi deaths has purposely been avoid- one in it who is willing to use it, there bombs brought havoc to Iraq, it is easy ed, but the new policy proclaims our is no false dependency on the police to play the patriot card and find a success by announcing the number of protecting them, but full reliance on scapegoat to blame. We are never at Iraqis killed. But the more we kill, the the owner’s responsibility to deal with fault and never responsible for bad out- greater becomes the incitement of the any property violators. This under- comes of what many believe is, albeit radical Islamic militant. standing works rather well, at least well-intentioned, interference in the The harder we try to impose our will better than in the inner cities where affairs of others 6,000 miles from our on them, the greater the resistance be- the understanding is totally different. shores. Pursuing our policy has boiled comes. Amazingly, our occupation has How does this apply to the 9/11 trage- down to testing our resolve. done what was at one time thought to dies? The airline owners accept the It is said by many who did not even be impossible. It has united the Sunnis rules of the inner city rather than that want to go to war that now we have no and the Shiites against our presence. of rural America. They all assume that choice but to stay the course. They Although this is probably temporary, the government was in charge of air- argue that it is a noble gesture to be it is real and has deepened our prob- line security, and, unfortunately, by courageous and continue no matter lems in securing Iraq. The results are law it was. Not only were the airlines how difficult the task. But that should escalations of the conflict and the re- complacent about security, but the not be the issue. It is not a question of quirements for more troops. This accel- FAA dictated all the rules relating to resolve, but rather a question of wise eration of the killing is called pacifica- potential hijacking. Chemical plants or policy. If the policy is flawed, and the tion, a bit of 1984 newspeak. armored truck companies that carry world and our people are less safe for The removing of Saddam Hussein has money make the opposite assumptions, it, unshakable resolve is the opposite created a stark irony. The willingness and private guns do a reasonably good of what we need. and intensity of the Iraqi people to job in providing security. Evidently we Staying the course only makes sense fight for their homeland has increased think more of our money and chemical when the difficult tasks are designed to manyfold. Under Saddam Hussein es- plants than we do our passengers on protect our country and to thwart sentially no resistance occurred. In- airplanes. those who pose a direct threat to us. stead of jubilation and parades for the The complacency of the airlines is Wilsonian idealism of self-sacrifice to liberators, we face much greater and one thing, but the intrusiveness of the make the world safe for democracy unified effort to throw out all for- FAA is another. Two specific regula- should never be an excuse to wage pre- eigners than when Saddam Hussein was tions proved to be disastrous for deal- emptive war, especially since it almost in charge. ing with the thugs who, without even a never produces the desired results. It is not whether the Commission in- single gun, took over four airlines and There are always too many unintended vestigation of the causes of 9/11 is un- created the havoc of 9/11. Both the pro- consequences. warranted, if the Commissioners are hibition against guns being allowed in In our effort to change the political looking in the wrong places for an- the cockpit and precise instructions structure of Iraq, we continue alliances swers, it is whether much will be that crews not resist hijackers contrib- with dictators and even develop new achieved. uted immensely to the horrors of 9/11. ones with countries that are anything I am sure we will hear that the bu- Instead of immediately legalizing a but democracies. We have a close alli- reaucracy failed, whether it was the natural right of personal self-defense ance with Pakistan, Saudi Arabia, and FBI, the CIA, the National Security guaranteed by an explicit second many other Arab dictatorships, and a Council or all of them, for failure to amendment freedom, we still do not new one with Qadhafi of Libya. This communicate with each other. This have armed pilots in the sky. should raise questions about the credi- will not answer the question of why we Instead of more responsibility given bility of our commitment to promoting were attacked and why our defenses to the airline companies, the govern- democracy in Iraq, which even our own were so poor. Even though $40 billion ment has taken over the entire process. governments would not tolerate. Show are spent on intelligence gathering This has been encouraged by the air- me one neocon that would accept a na- each year, the process failed us. line owners, who seek subsidies and in- tional election that would put the rad- Now, it is likely to be said that what surance protection. Of course, the non- ical Shiites in charge. As Secretary we need is more money and more effi- sense of never resisting has been for- Rumsfeld said, it is not going to hap- ciency. Yet that approach fails to rec- ever vetoed by passengers. pen. ognize that depending on government Unfortunately, the biggest failure of These same people are condemning agencies to be efficient is a risky as- our government will be ignored. I am the recent democratic decisions made sumption. We should support any effort sure the Commission will not relate

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.153 H22PT1 H2356 CONGRESSIONAL RECORD — HOUSE April 22, 2004 our foreign policy of interventionism, Continuing to deny that the setbacks fragile than it was back then. These practiced by both major parties for against us are related to our overall facts will dictate our inability to con- over 100 years, to being seriously foreign policy of foreign meddling tinue this policy both internationally flawed and the most important reason throughout many years and many ad- and domestically. 9/11 occurred. Instead, the claims will ministrations makes a victory over our It is true, an unshakable resolve to stand that the motivation behind 9/11 enemies nearly impossible. Not under- stay the course in Iraq or any other hot was our freedoms, prosperity and our standing the true nature and motiva- spot can be pursued for many years; way of life. If this error persists, all the tion of those who have and will commit but when a country is adding to its fu- tinkering and money to improve the deadly attacks against us prevents a ture indebtedness by over $700 billion intelligence gathering will bear little sensible policy from being pursued. per year, it can only be done with great economic sacrifice to all our citizens. fruit. b 1845 Over the years the entire psychology Huge deficits financed by borrowing of national defense has been com- Guerrilla warriors who are willing to and Federal Reserve monetization are pletely twisted. Very little attention risk and sacrifice their all as part of a an unsustainable policy and always has been directed towards protecting war that they see as defensive are a far lead to higher price inflation, higher our national borders and providing cry philosophically from a band of interest rates, a continued erosion of homeland security. renegades who, out of unprovoked hate, the dollar’s value, and a faltering econ- Our attention all too often was and seek to destroy us and kill themselves omy. Economic law dictates that the still is directed outward toward distant in the process. How we fight back de- standard of living then must go down lands. Now a significant number of our pends on understanding these dif- for all Americans, except for the privi- troops are engaged in Afghanistan and ferences. leged few who have an inside track on Iraq. We have kept troops in Korea for Of course, changing our foreign pol- government largess if this policy of over 50 years, and thousands of troops icy to one of no preemptive war, no na- profligate spending continues. remain in Europe and in over 130 other tion-building, no entangling alliances, Unfortunately, the American people, countries. This twisted philosophy of no interference in the internal affairs especially the younger generation, will ignoring our national borders while of other nations, and trade and friend- have to decide whether to languish pursuing an empire created a situation ship with all those who seek it, is no with the current policy or reject the where Seoul, Korea, was better pro- easy task. The real obstacle, though, is notion that perpetual warfare and con- tected than Washington, D.C., on 9/11. to understand the motives behind our tinued growth in entitlements should These priorities must change, but I am current foreign policy of perpetual be pursued indefinitely. I am sure the certain the 9/11 Commission will not meddling in the affairs of others for commission will not deal with the flaw address this issue. This misdirected more than 100 years. Understanding in the foreign policy endorsed by both policy has prompted the current pro- why both political parties agree on the parties for these many, many years. tracted war in Iraq, which has gone on principles of continuous foreign inter- I hope the commission tells us, now for 13 years with no end in sight. vention is crucial. Those reasons are though, why members of the bin Laden The al Qaeda attacks should not be multiple and varied. family were permitted immediately used to justify more intervention. In- They range from the persistent Wil- after 9/11 to leave the United States stead they should be seen as a guerilla sonian idealism of making the world without interrogation when no other attacks against us for what the Arabs safe for democracy to the belief that commercial or private flights were al- and the Muslim world see as our inva- we must protect our oil. Also contrib- lowed. That event should have been sion and interference in their home- uting to this bipartisan foreign policy thoroughly studied and explained to land. This cycle of escalation is rapidly view is the notion that promoting the American people. We actually had spreading the confrontation worldwide world government is worthwhile. This a lot more reason to invade Saudi Ara- between the Christian West and the involves support for the United Na- bia than we did Iraq in connection with Muslim East. With each escalation the tions, NATO, control of the world’s re- 9/11; but that country, obviously no world becomes more dangerous. It is sources through the IMF, the World friend of democracy, remains an un- especially made worse when we retali- Bank, the WTO, NAFTA, FTAA and the challenged ally of the United States ate against Muslims and Arabs who Law of the Sea Treaty, all of which with few questions asked. had nothing to do with 9/11, as we have gained the support of those sympa- I am afraid the commission will an- in Iraq, further confirming the sus- thetic to the poor and socialism, while swer only a few questions while raising picions of the Muslim masses that our too often the benefits accrue to the many new ones. Overall, though, the goals are more about oil and occupa- well-connected international corpora- commission has been beneficial and tion than they are about punishing tions and bankers sympathetic to eco- provides some reassurance to those those responsible for 9/11. nomic fascism. who believe we operate in a much too Those who claim that Iraq is another Sadly, in the process, the people are closed-off society. Fortunately, any ad- Vietnam are wrong. They cannot be forgotten, especially those who pay the ministration under the current system the same. There are too many dif- taxes; those who lives are lost and sac- still must respond to reasonable inquir- ferences in time, place and cir- rificed in no-win, undeclared wars; and ies. cumstance. But that does not mean the the unemployed and the poor who lose f Iraqi conflict cannot last longer, out as the economic consequences of fi- spread throughout the region and pos- nancing our foreign entanglements HAITI sibly throughout the world, making it evolve. The SPEAKER pro tempore (Mr. potentially much worse than what we Regardless of one’s enthusiasm or BURNS). Under the Speaker’s an- suffered in Vietnam. lack thereof for the war and the gen- nounced policy of January 7, 2003, the In the first 6 years we were in Viet- eral policy of maintaining American gentleman from Florida (Mr. MEEK) is nam, we lost less than 500 troops. Over troops in more than 130 countries, one recognized for 60 minutes. 700 of our troops have been killed in cold fact must be soon recognized by Mr. MEEK of Florida. Mr. Speaker, Iraq in just over a year. Our neglect at all of us here in the Congress. The once again, it is a great honor to ad- pursuing the al Qaeda and bin Laden in American people cannot afford it; and dress the House of Representatives and Pakistan and Afghanistan and divert- when the market finally recognizes the the American people on a recent armed ing resources to Iraq have seriously overcommitment we have made, the re- services trip that I took to Haiti and compromised our ability to maintain a sults will not be pleasing to anyone. also talk about Haiti and the U.S. rela- favorable world opinion of support and A guns-and-butter policy was flawed tions as we move forth from this point cooperation in this effort. Instead, we in the 1960s and gave us interest rates on. have chaos in Iraq while the Islamists of 21 percent in the 1970s with high in- Many Americans understand the are being financed by a booming drug flation rates. The current guns-and- changes that Haiti has gone through business from U.S-occupied Afghani- butter policy is even more massive, and and the Haitian people, but tonight I stan. our economic infrastructure is more wanted to share a few things because

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.155 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2357 many times we hear on the news and here that has also been very helpful to is humanitarian aid that actually read in the newspaper about what is the United States in making sure that comes in from that particular area. going on in Port-au-Prince, Haiti; what we fight the war against drugs and also They have the World Food Programme happened today in Port-au-Prince, illegal immigration. that is there in that area that is pro- Haiti; what happened as it relates to I think it is very important for us to viding meals every day. The population government, a lack of a parliament and understand, 600 miles away, Cuba is ac- there is approximately 100,000 Haitians. the legislature in Haiti; an interim tually 90 miles away, and we have I met with representatives from the government in Haiti; what is hap- many Haitians that are looking for Catholic Relief Services and also the pening as relates to AIDS and HIV in safe harbor in the United States due to archdiocese of Cap Haitian and from Haiti; also, as it pertains to hunger in political persecution. I just want to the World Food Programme. I also met Haiti and transportation. I think it is talk for a moment, since we know ex- with local school educators, which it so very, very important, since Haiti actly where Haiti is now and we know was a very good meeting that we had, had so much to do and does have so exactly where it sits as it relates to also a representative from a local or- much to do with our very own inde- our own homeland security and where phanage. pendence. it sits as it relates to our responsibility Haiti took part in helping us fight for of being able to assist Haiti as much as b 1900 our own independence. ‘‘Us’’ is the possible with the United Nations, I United States of America. There are want to just share a few things with We met there at the airport, and I many Haitian Americans that are play- my colleagues. must say that when we met there, it ing vital roles not only in our govern- Last Tuesday, I took the opportunity was more like an airport hangar. And ment but also in our democracy here in to travel to Haiti along with Senator in that region of Haiti, it is still a very the United States, and I must say that BILL NELSON of Florida and also Gen- dangerous region. Rebel forces still this is a very pivotal time for Haiti. So eral Hill of SouthCom, who I think the control half of Haiti. Now, I am not I would ask the American people and commander of Southern Command is saying that rebel forces are violent or Members of the Congress to just take a doing an outstanding job. He has a not violent, but what I am saying is moment and pay attention to some of number of Marines that are there as a that danger is still present there in Cap the things that I would like to share part of the international force to bring Haitien and throughout certain parts with my colleagues this evening to about peace in Haiti, and they are of Haiti. Even though we have French talk about this country, and I am doing the best job that they can do troops in the area, there is still a level going to have a map put up here beside under the circumstances. There are of danger that is there. me talking about why it is important also French troops that are there in We met with the school representa- that the United States of America the north. tives that were there, the principal of a plays a very strong role in not the re- General Hill and I, we flew to north- primary elementary school and also a building of Haiti but the building of ern Haiti. We actually flew to three principal of a number of the high Haiti, a country that is comprised of cities in northern Haiti, and these cit- schools that we would call our ninth people that work every day, a country ies are small cities but large as it re- grade through twelfth grade experi- that wants to continue to move forth lates to the population in Haiti. ence. They both said that they have as a democracy, and I am going to ad- The first place we traveled to was the issues of power. This is a major, dress that. I am going to continue to Fort Liberte, which is a city of over major issue in this country, and Haiti address the issue of democracy because 5,000 people. French troops are up here has to have some level of commerce, democracy is very, very important. securing this area of Haiti. It is close some level of economic development to As my colleagues know, many thou- to the Dominican border, and there are be able to help itself. And I think for sands of miles away from the United a number of poor individuals there that very little investment from the United States of America we are working hard are mainly fishermen and peasants. We Nations and from the United States of to create and to also maintain democ- walked through the streets of this city, America we can achieve that. racies throughout the world; but I will dirt roads, and spoke to everyday Hai- So we had the opportunity to meet tell my colleagues, as it relates to tians; and I was stopped by a father for about an hour and 15 minutes while Haiti being in our own hemisphere, that had two daughters that were General Hill moved on, meeting with being the poorest country in our hemi- dressed the same. They had matching the French troops, making sure our co- sphere, in the Caribbean, the very same umbrellas, in the heat of the day. This alition is strong there in order to pro- Caribbean, I myself being from Miami, is Haitian time, maybe around 10:30, vide the right atmosphere for another cruise ship capital of the world, many eleven o’clock. It was lunchtime. He larger United Nations force to take Americans and people throughout the was walking his daughters home, and I over. world cruise the Caribbean for celebra- asked him how is life, through an in- I also spoke with one of the rep- tion, relaxation and sun; but Haiti that terpreter, and he said, well, it is quite resentatives from the archdiocese of sits in the middle of our Caribbean, difficult because we have not had the Catholic Church, and Catholic Re- northern Caribbean, is a country that power in our city since December of lief Services, and he spoke to me in is in desperate need of assistance. last year. Creole, and through an interpreter he With the United States being the Being from Miami and understanding said, Congressman, that is fine. It is largest, most vibrant free society on hurricanes and disasters and power fine that you are here. We are glad that the face of the Earth, the richest coun- being knocked out, it is very difficult you are here. But we have had other try on the face of the Earth, we are to survive. It is very difficult to be able visitors from the United States of doing, in my opinion, more to Haiti to maintain some level of normalcy America, though this was the first than for Haiti; and that is the reason without having power and utilities; and time he said he had personally met why we have to go through a paradigm that is so very, very important. It is an with a Member of Congress. But people shift. area that we have to make sure that come and people go, and Haitians are First of all, I just would like to point we get more humanitarian assistance used to hearing, using his words, oh, out here, Haiti is actually only 600 in the area of food, also in the area of this is wonderful; and, yes, we will take miles away from the United States; clean drinking water; and definitely our notes, and we appreciated the and as we start talking about Haiti, we electricity should be provided up in meeting, and we will be back. And he have to look at the Bahamas. That is this area. said many people board planes and up here. That is our friend and ally We then moved from Fort Liberte boats, and they leave, and they never that has been really working with the that we see here over to Cap Haitian, see them ever again. United States as it relates to making which is also a border area. It is not a But this issue of hunger, the issue of sure that we not only stop the flow of border area, but they have a port that the lack of having the opportunity to illegal narcotics but also the flow of il- is there, a deep water port that could build jobs, the issue of children needing legal immigrants to the United States be open for commerce, but right now to be educated are very important. of America. We have Jamaica down the main business that they have now This is a very fertile area for economic

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.157 H22PT1 H2358 CONGRESSIONAL RECORD — HOUSE April 22, 2004 development. We can put local peas- not allow me to stay overnight in But there is only one road down into ants to work. And I am going to come Haiti. So imagine some who may feel the southern claw, my colleagues, and back to that a little later on. any credible claim of fear or persecu- that road is not a secured road. The We moved from Cap Haitien by heli- tion, imagine what they may feel with- CMOC that is located there, which is copter, a very mountainous area along out security, without having armored operated by Southern Command, pro- this area between Cap Haitien and the vehicles to ride around the streets of vides the very gateway or security for city of Gonaives. Gonaives is an inter- Port-au-Prince in. humanitarian efforts to make it to the esting city because this is where the So we flew back to Miami Wednes- southern claw and some parts of north- rebellion started, right here in day, stayed there, Thursday returned ern Haiti. The U.S. has security re- Gonaives, which many of the rebels are back to Haiti and spent that day, all sponsibility for Port-au-Prince only at still there in that city. It is a very dan- day, in Port-au-Prince, and met with this particular time. There are plans to gerous place. the USAID mission that is there, Di- move into the southern claw to be able The security responsibility of rector David Adams, who I believe is to provide the kind of humanitarian as- Gonaives is in the hands of the French doing an outstanding job. And I want sistance and health assistance that is troops that are there, and I commend to say not only to his staff but to the needed there. those men and women that are there administrators here with USAID, you CMOC is an acronym which stands serving on behalf of the United Na- could not have a better, more com- for the Civil Military Operations Cen- tions’ international presence. I met mitted staff in Haiti than what you ter. This center was once located in with representatives of the CARE orga- have under the leadership of Director 1994 when the Army was there, the 82nd nization, which is one of the three to Adams. He is emotionally attached to Airborne. CMOCs are set up in many four providers that provide food the work. But they need more re- areas in Iraq, which has the largest through USAID, and he shared with me sources to be able to do the things they CMOC. The CMOC in Haiti is a very that, once again, energy, power, being need to do to develop jobs in Haiti, and small operation, and it brings together able to keep the lights on in Haiti, in I will address that in a few seconds. nongovernmental organizations where I think it is important for us to re- Gonaives, why power is so important; they work hand in hand with USAID. because, guess what, it generates clean member that we have a lot of people Once again, the staff that is down drinking water. doing great things in Haiti, but more there at that CMOC, which is mainly They have four pumps in that city. needs to be done. We met with non- run by a gentleman that is a reservist, Three of them work, but one of them governmental organizations from Hai- a colonel, is doing an outstanding job needs repairs. These are very small ti’s southern claw. there. I met with Major Ray, who gave Now, let me just point out the south- things. These are issues that usually a us an overview of the activities of the ern claw of Haiti. This looks pretty city government or a county govern- CMOC there, and my hat is off to those much like a lobster claw or a crab ment may have an issue, and they ap- individuals, those patriots that are try- claw, but this is the southern claw. propriate a very small number of dol- ing to provide just common things for This is Port-au-Prince, Haiti, the cap- lars towards repairing that, and the ital, where the Presidential palace is the Haitian people and the plans they problem is solved. But fuel and petro- located. You hear a lot about events have there of being able to try to assist leum is an issue in Haiti right now be- taking place here. Port-au-Prince, Haitians restore some level of health cause of the lack of power. In Haiti Haiti, is the most populated city in care in Port-au-Prince, and also mak- they have to use gas generators, which Haiti, and it is its nation’s capital. ing sure that nongovernmental organi- is very expensive, so this means some There is the southern claw, along this zations have a way to be able to carry days the pumps work, and other days area here, south of Port-au-Prince. food and the necessary cooking oil, they do not work. This southern claw is not secured things of that nature, to the southern They also provide meals for 60,000 yet. This southern claw is still con- claw of Haiti. I commend them. people in this city of 200,000 people, trolled by rebel forces. This southern The United Nations Development which he said they can do a lot more. claw is where many Haitians are hun- Program office tells me that the resi- It is 70 miles northwest of Port-au- gry. This southern claw is where there dents there are really looking forward, Prince, Haiti. Now, one would say, why is no power at all to be able to stimu- and they are continuing to engage the would you have to travel by helicopter? late any level of sensible adult edu- citizens of Haiti as it pertains to learn- Well, Haiti is a very mountainous area, cation, any level of humanitarian as- ing more about how the United Nations and the roads in Haiti, if Americans sistance. Everything is run by gener- can play a role in humanitarian and have experienced a dirt road experi- ator in the southern claw. economic development there. I would ence, magnify that by 10 times. The We have to remember that because I use the philosophy of not giving fish, best built road in Haiti was built by am going to talk a little about migra- but teaching how to fish. But I must the Corps of Engi- tion and the reason why Haitians leave say to the American people and to neers in 1994. So it is very, very dif- Haiti. And I think it is important that Members of Congress, the Haitian peo- ficult to travel from Port-au-Prince to we remember and we set the stage for ple are very creative people, so we do Gonaives. the environment that they have to live not necessarily need to teach them how We returned back on that Tuesday, in and the environment that we allow to fish, we just have to provide the back to Port-au-Prince, and flew back them to live in, because they are the very essentials for them to go ahead to Miami, Florida. Senator NELSON poorest country in our hemisphere. We and move forward with their entrepre- flew back to South America on another seem to have more interest in areas neurial spirit to provide jobs in Haiti. mission. The reason why we could not thousands and thousands of miles I want to share with my colleagues a stay overnight in Haiti, my colleagues, away, while we have this democracy, as few more facts about Haiti, and then I was due to the fact that they still have shaky as it may be, with hungry, starv- must talk about immigration, because a departure order in Haiti. It is that ing people, and very little assistance that is the main thrust of the interest dangerous. It is so dangerous that even from the U.S. or from the U.N. of our country. It seems to be the main myself, a Member of Congress, not only This is an area that can be very vi- thrust of the administration, any ad- had U.S. Marine security but State De- brant and prosperous, much more pros- ministration, because of illegal immi- partment security on top of that and perous than what it is right now. Pros- gration and those individuals who take Haitian national police security. perity is only in pride in Haiti. There to the sea, and who our Coast Guard Imagine. I can walk down the streets are very few numbers of individuals rescue many times. of the United States of America, even that have wealth in Haiti. The average I showed this map that had Florida here in Washington, D.C., without se- per capita income of the everyday Hai- in it. It is 600 miles to Florida from curity. I might be a little security-con- tian is a little bit over $400. That is a Haiti, and 90 miles from Cuba. When I scious, but without physical security, year; $400 in U.S. money is the per cap- was flying over in either a plane or hel- and without M–5 semiautomatic ma- ita income for the average Haitian. icopter, 20 feet out of shore, and many chine guns, but I cannot stay overnight And we will talk about that a little of the Members of Congress who are in Haiti. The State Department will later. sports enthusiasts or are into water

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.159 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2359 sports or fishing can understand what I to ask for international assistance to when you do not have individuals that mean when I say the deep blue water, get their energy facilities up to date. are provided jobs, then you will have a it was deep blue water. That means This can be done for $1.8 million. very small population of individuals that once you fall in it, you cannot When we look at the size of Port-au- that are gangs that will take control touch the bottom. We have lost thou- Prince, and for Members who are engi- and will arm themselves and will end sands, not hundreds but thousands, of neers, you know for $1.8 million that is up giving the government the problems Haitians trying to escape political per- a very small price tag to repair the that they have now. secution in Haiti. power resources in Port-Au-Prince I said I was going to go back to the I commend the Coast Guard for the alone. Port-au-Prince, Haiti, is not just Coast Guard, and I think it is impor- work that they have tried to do to pre- the capital city; it is the heartbeat of tant. I do not want Members to feel vent the loss of life, but they also have the economy of Haiti. It is also the that the Coast Guard is doing some- a job to do, and they have been ordered area we have to secure. thing wrong; they are doing everything to do it and they are doing it. I will There is a city called Cite Soleil, right in my opinion. They are doing also talk about that. which is more like what one would call what they are told. Being a member of First, however, I want to share a lit- squatters. They are tin roofs. In the the Committee on the Armed Services, tle about the U.S. involvement. The country and heartland of America, you the Coast Guard carries out their or- reason why I am here today is to make may have a barn with a tin roof. That ders. They report to the committee I sure that we have a paradigm shift in makes the four walls and the top of the serve on as it relates to the Select our policy as relates to Haiti. The U.S. houses in Cite Soleil. Some of the most Committee on Homeland Security; but involvement goes back to 1915 and 1934, violent gangs are in the Cite Soleil. It as it relates to U.S. policy towards Hai- when we occupied Haiti. The U.S. is important that we understand that tians that are interdicted at sea, it is helped set up the Haitian Coast Guard. we have to provide power or have to not just, it is not fair and it is a viola- We built the embassy there during that make sure they have power in this city tion of international law, period. No period. We built the ambassador’s resi- because usually when the violence qualms about it. dence during that period, and Ambas- starts, it starts in Port-au-Prince, Let me just share something with sador Foley, James Foley, I believe, is Haiti. That is why we hear so much Members. This is not even what has trying to do the best that he can do about Port-au-Prince, Haiti. We should happened over the last few years. The under the circumstances. be hearing about the hard-working peo- Coast Guard in January of 2004 inter- ple in Haiti, but we will not hear that cepted and repatriated 113 Haitians. In b 1915 unless we target to restore and repair February of 2004, they intercepted 1,076 He is going to need the help of this power there. Haitians, but only 11 out of 1,076 Hai- Congress to be able to carry out the ef- There are U.S. corporations in Port- tians actually were found to have a fort in Haiti. au-Prince in the industrial part, which credible claim of fear of persecution. In 1994, the U.N. multinational force, the HERO bill here in this Congress, Eleven out of 1,076. That means 1,065 led by the United States of America, represented by Members in this body went back to Haiti, and they were re- military intervention eventually and the other body, to provide not only patriated in Port-au-Prince. A lot of worked towards the return of President trade opportunities with Haiti, but to them were leaving because of political Aristide. We were there for a very also generate jobs within Haiti. One of persecution. They were paraded right short time. I must say a lot was done the main cities that would benefit from through Port-au-Prince. Many of them during that period, but not one U.S. that would be Port-au-Prince, Haiti. left from the northern and southern soldier lost his or her life during that I think what is also very, very impor- claw of Haiti, trying to escape political period because, contrary to what one tant for us to discuss here is the issue persecution; and they were repatriated. may hear on television or read in the of immigration. This is the very center We do not know if those individuals paper, the Haitian people are very I believe of the reason why we have to made it home or did not. It is a viola- peaceful. There are a few that create do the right thing now. There are a tion of international law for us to do thuggery in Haiti and give Haiti a number of issues that are going on here that. black eye that it does not deserve. on this island. We also have the drug Now, I said that to say this, what is On February 23 of this year, the U.S. trade, not Haitians growing poppy important for us to do here in this Con- sent U.S. Marines to secure U.S. facili- plants. Haitians are not growing mari- gress, the most important thing that ties, which was a fast response team. In juana plants or any other thing that we can do is to make sure that we ap- March 2004, as a part of a U.N.-backed may create some sort of illegal sub- propriate the necessary dollars, just force, the United States, Canadians, stance or illegal drug, but because of like we appropriate throughout the French and Chileans restored and the lack of an economy in Haiti, drug world. We have Members saying we maintained order of Haiti. My hat is off lords have found not safe haven, but an have our own issues and we have the to those individuals who served. We opportunity to thrive as a point where deficit and other things. Let me say I had a Marine injured in an ambush. they can take their drugs to move to am overly concerned as relates to the Marines returned fire, and three or four the next area. deficit. I do not take pride as it relates individuals have been killed that have I want to bring my other chart back to being in the 108th Congress, and his- tried to attack our men and women in up because I think it is important that tory will say I was in Congress when we uniform. we understand what we are dealing had the highest deficit in the history of Secondly, as it relates to power in with here. the country, the history of the Repub- Port-au-Prince alone, the capital city, We have Haiti here and within 600 lic. But at the same time we are giving the largest city, the Marines and miles to Miami, Florida. It is maybe international assistance to other coun- SouthCom, and once again I cannot say even a shorter distance to Key West tries, in the billions and in the mil- enough about them and what they are and what we call here the Gold Coast. lions. Haiti is slated to receive in the trying to do there, did an assessment of As we see the Bahama islands, and millions, a very small number as it re- the needs of electricity in Haiti be- there are over 700 Bahama islands, we lates to the big numbers that many of cause it means so much. It goes to- have Cuba here. Drug dealers try to the other countries are receiving. wards the security of Haiti. Just imag- find some way to work in Haiti due to There will be an appropriations ine if you did not have lights in your the lack of an economy. If we want to amendment to ask for $50 million for neighborhood, what kind of safety, head off what we are dealing with in Haiti. The President has asked for $20 what kind of level of safety would you Colombia and some other parts of the million, and some of that is in in-kind have in your neighborhood, let alone a southern hemisphere, we should do the contributions, not necessarily hard dol- sense of community or a community right thing as it relates to the econ- lars. It is important for the U.S. to be that would like to thrive. This was omy. able to appropriate more than what the done by SouthCom, this report here But also what comes along with President has asked for for Haiti for that was given to the Prime Minister, drugs is, what, violence. What happens two reasons. One, we cannot carry out saying his number one goal should be especially when you do not have police, acts of repatriating over 1,076 Haitians

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.161 H22PT1 H2360 CONGRESSIONAL RECORD — HOUSE April 22, 2004 and say there is no real reason, you are that was one of the first countries to Mr. MEEKS of New York. Mr. Speak- leaving for other reasons. The 11 that get its own independence, Haitians. I er, I thank the gentleman from Florida had credible claims of fear, they are share with the Prime Minister, who is (Mr. MEEK) for his leadership and for not in the United States; they are in a Haitian who was living in Boca his courageous battle to make sure Guantanamo Bay along with the ter- Raton, Florida, in my State, that his that the people of Haiti are not forgot- rorists from the Middle East, the role in this government in this time in ten, and that is really what this is all enemy combatants that are jailed and this place will speak for the next 200 about, and that is why the leadership are an issue before the Supreme Court years. By the agreement of the Prime of the gentleman from Florida’s focus right now. Minister’s being in the office that he is has been not on the politics, not on So if we do not want Haitians coming in, he can no longer run for office in what is in the best interest of this one over to the United States of America, Haiti. He cannot run for office in Haiti. or that one. His focus has been on what if we do not want Haitians risking He cannot move on to the next govern- can we do for those people, those aver- their lives, and we no longer want to ment that hopefully will be elected. He age everyday citizens that live in Haiti see on the nightly news 300 Haitians cannot take part in that. So he has an who have dreams and aspirations just falling in the middle of the Gulf opportunity to be an honest broker. like we do, who all they want is for Stream, and one may see with the Gulf The people around him in the ministry their children to be able to have a bet- Stream right off the coast of Florida have an opportunity to be honest bro- ter life, to be able to get an education, where they will go on and on and we kers of making sure that Haitians get to be able to go to work to provide a will never find these individuals, if we a fair opportunity to have power, to be living so that they can have a family do not want that to happen, we should able to stimulate an economy in Haiti, themselves and live a life that is a life have more thrust to make sure we do and to be able to work with the inter- that is free of violence and that is free right in Haiti. I want to say it is very, national community to provide the of the deprivation of food and human very important that we do this. kind of assistance that the Haitian rights violations. And that is what this Mr. Speaker, I will be leaving, along people deserve. is really all about. It is about people. with a bipartisan delegation, at 7:20 Mr. Speaker, if anyone has traveled And I am going to travel with the a.m. from Andrews Air Force Base to to Haiti, and I will tell the Members gentleman because he is going, and I fly to Haiti and meet with Haitian gov- right now, it cannot help but pull on know there is a bipartisan CODEL that ernment officials, those who we may their heart to see people living under will be leaving for Haiti tomorrow call stewards of democracy at this those circumstances and those condi- morning, and I have decided to change time. But it is a very, very important tions to do the things that they do day my schedule based upon his courageous message that we are sending to the in and day out, to lay flat down and at- trip that he has already taken, that he Haitian Government, and that is they tend house that is clean, which may be already visited, and he has gone out to have to rule with a level hand. the ground but it is swept, living under not just the big cities. He has gone out To the ministers, the Prime Minister, those conditions of not being able to to the side roads. He has gone out to I have not met with the President, have the clean water that they need, the rural areas. He has gone out to maybe we will do that tomorrow, but it having electricity, but every day they where the people are. is important if they are going to set And I want to just get a chance to out warrants for members of the try to send their children to school. Ninety-five percent of the schools in get a feel of that so that we can make Lavalas Party and for the Aristide gov- sure when we come back here that we ernment, the interior minister has al- Haiti are privatized. USAID is building schools. We commend them for that. can implement a kind of program and a ready been jailed of the Aristide gov- kind of attention on Haiti that does ernment, if you are going to do that, I But the missions and things of that na- ture are providing an opportunity for not last just for 6 months, just for 1 have no qualms about you carrying out year or 2 years, but something where it the rule of law. But if you are putting them to educate themselves. But I can is sustained, 10, 15, 20 years, to estab- out warrants there, you have to put say, Mr. Speaker, that it is so very im- lish a true and strong democratic insti- out warrants for the arrest of individ- portant. tution, not for the United States of uals who are in the rebel forces and So if we are concerned about Hai- America, quite frankly, not for Canada, other parties that we know and they tians coming to the United States ille- not for France, not for anybody else, are known criminals and are carrying gally trying to escape political perse- but for the people of Haiti, that little out daily acts of thuggery throughout cution because of thuggery in their country that is connected to the island Haiti. local town or city, then we should have There are some Members in this body an effort here in Haiti to make sure of Hispaniola. We need to make sure that will cut off dollars, assistance dol- that we provide the best environment that we do something for those people, lars, if the Haitian Government does possible for this country. and I just appreciate the gentleman’s not stand for equality in making sure We are providing food, yes. We are leadership on that. that we have security for all Haitians. providing medicine, yes. Are we help- Mr. MEEK of Florida. Mr. Speaker, I The backdrop of American people is ing Haiti as it relates to HIV and just want to say to the gentleman from making sure that we set forth an envi- AIDS? Of course we are. But those are New York (Mr. MEEKS) quickly that I ronment for elections. Right now in issues of providing fish, not providing appreciate his speaking out not only Haiti they do not have this democracy the resources so that they can go and here on the floor of this great House of that we celebrate here this evening, fish for themselves. Representatives but also speaking out this Congress that allows representa- There are some countries that we in the halls of Congress. As the gen- tives from different parts of Haiti to have been in in Europe since World War tleman knows, we partner in a bipar- come to the capital to represent their II, Mr. Speaker. It is important that we tisan effort to try to do what is best for constituents. do it right this time so that we do not Haiti. Regardless of the politics, re- have to deploy U.S. troops, so that we gardless of who is in control, we are b 1930 do not have to call in Reservists to go supporters; and I know that he joins They no longer have a parliament. because our military is stretched too me in that, of democracy. And the only They no longer have an elected presi- thin, so that we do not have to have way we are going to get to truly elect dent. They no longer are able to have emergency orders through the Security a democracy is making sure that we mayors in their cities. Many of the cit- Council at the UN. It is very impor- bring the level of safety, number one, ies are mayorless, without leadership; tant. up in Haiti; number two, set the real and so it is important that we set the The gentleman from New York (Mr. stage for elections, which the United security stage, that we help Haiti set MEEKS), no relation to me, also rep- Nations is going to play a role in it. the policy stage of making sure that resents a large concentration. I have And I am glad that he points out the we are able to have those elections so the highest concentration of Haitians fact that we are not trying to impose they can move forth. in my district, Haitian Americans. He anything on the Haitian people. We So on this 200th bicentennial of Hai- has the second largest in New York. want to make sure that we are there to ti’s history and future, this country I yield to the gentleman. be the bridge for the Haitian people to

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.163 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2361 move forth and elect its government. Does the gentleman from New York out with how I got to this point, and I And the interim government that is in wish to share with us anything else want to conclude with why we ought to there that, I must add, cannot continue this evening? Because I am going to eliminate the entire Internal Revenue on past the 2005 elections, that is in the close because I know we have an early Service code and why we ought to agreement, that they have the nec- morning and we have other Members eliminate the Internal Revenue Service essary tools to be able to provide some who have to address the House. entirely and why we ought to give peo- of the things that I talked about here Mr. MEEKS of New York. Mr. Speak- ple back their freedom and why we tonight. But it is good to have not only er, I will close with this: I will follow should cease taxing our productivity a partner like the gentleman from New his leadership. He has been a great and remove the first lien that exists on York but someone who is willing to leader, and I think that the people of everyone’s wages in this country and look at the big picture on behalf of the Miami, but more importantly, the peo- replace it with an opportunity to de- Haitian people. That is just the bottom ple of Haiti, are well served by his lead- cide when they pay their taxes when line. ership. I think he is doing this not in a they go and purchase. Mr. MEEKS of New York. That is it, political way, but in a bipartisan man- So for me it works in this way: in Mr. Speaker. I think if we do not cre- ner; and I look forward to being with 1975 I started up a business. I went out ate the kind of democratic institutions him in the morning. and bought a bulldozer and began doing and help them go along, and not just Mr. MEEK of Florida. Mr. Speaker, I custom work on farms, building ter- America, I think that he said it abso- cannot tell the gentleman how much I races and dams and waterways. And as lutely right. Not just us, but with the appreciate his saying that. I hope my I did that work, all I really wanted to help of the United Nations, with them mother was watching, who is a past do was simply run my business, provide involved, so that we can create a cli- Member of this body. Hopefully, she a service and collect a fee for that and mate of security. Because only if they will see how important and how my pay my bills and raise my family. That have security can they have elections, colleagues think of me. I thank the was the American dream. Maybe I was and then only with elections can they gentleman from coming down. simplistic in my aspirations, and have a true democratic government. I just want to say this very quickly maybe I should have realized how com- And I do not like to get into these com- in closing, Mr. Speaker, that it is very plicated it could get. But as the years parisons to Haiti and Iraq and things of important we do what is right on be- went by, I began to realize that I did that nature. We know that there are half of this Nation. It is very impor- not get to spend every waking moment, substantial differences. But one thing tant, if we are going to have a policy I did not get to spend every sunshine that is clear is there is a question as to and interdict Haitians at sea and we day out there doing something produc- what people of Iraq want and wanted. want to save lives so that the Coast tive, working and moving earth and There is no question as to what the Guard will not have to pick bodies out preserving soil and water quality. In- people want. Yes, they want us and floating face down around the waters of stead, there was a day I finally had to they want the United Nations there to Haiti and between the United States of pull in and park a machine on a sunny help them. They are begging for us to America that we provide the kind of day and go in and start filling out more do this. So this is not something that atmosphere for economic development, is imposed, and they are just saying, if Federal forms. and I would also say to the Members On that first day that that happened you give us the window of opportunity that it is vitally important that we to create a secure environment, we that I could not any longer have en- continue to pay very close attention in know what we want to do and we just ergy to meet the Federal regulations at a bipartisan way and do what is right need that kind of help, not just for a night or on rainy days or on weekends day or for a week, as I said, but where on behalf of this nation that helped us or on Sundays, that was the first day I it is a continuous help, and just help us fight for our independence. lost real productivity in our small lit- get on par with the Dominican Repub- f tle business. lic, for example. Forget being another TAXES AND THE IRS b 1945 United States. Well, it was also about the time that Help us so that when it is time to ne- The SPEAKER pro tempore (Mr. I was audited for the first time by the gotiate trade agreements when we are BURNS). Under the Speaker’s an- Internal Revenue Service, and I doing the FTAA that we as a country nounced policy of January 7, 2003, the can take advantage of it and we can gentleman from Iowa (Mr. KING) is rec- thought I had that behind me. A couple create the jobs. As the gentleman ap- ognized for 60 minutes. of years later, along came another propriately said, we can fish on our Mr. KING of Iowa. Mr. Speaker, I ap- audit. The second audit was for the own. preciate the opportunity to address the year 1979, and I remember that clearly. So we are moving now. We have got body and an opportunity to address the The IRS did let me know that they the FTAA coming. We have got some American people. This period of time wanted to do an audit on a certain other pieces dealing with the Caribbean that we have here this evening is a way date, and I accommodated them in Basin Initiative. We have got various to get a message out that sometimes every way possible. other trade agreements. And if we do does not get out. I also appreciate the But we did not have copy machines not help now, these people could be left remarks by the gentleman from Flor- in those days, and I did not have staff out. But if we help now, they can be in- ida with regard to Haiti and promotion in those days that could pull these cluded in. And guess what? It will be of freedom not just in this hemisphere records out of my files. I had done the short-term pain for us for long-term but around the world. I think it is records myself, I had built the book- gain for everybody because then they something we all agree with. keeping system that I had, and it was will not be dependent upon us. Our I would like to start out tonight by accurate, and it was precise, and it was troops will not be necessary there. talking about an issue that is fun- thorough, and I had excellent records, They then will become a prosperous damentally important to the United and I could document where every sin- neighbor, and we do not have to worry States of America from an economic gle penny went without hesitation. about people coming over in a boat try- standpoint, something that I think af- What I did not have was a copy ma- ing to get to our Nation, trying to flee fects us not just fiscally but socially chine where I could have copied a lot of an island that should be one of the and how we develop ourselves as a Na- records, handed them to the IRS and most beautiful islands in all of the Car- tion, and I think it is an issue that will said, I will come back and see you to- ibbean. That is what this is all about. establish our American and national night when the sun goes down, and we Mr. MEEK of Florida. Mr. Speaker, destiny for a long time to come. will see if you need any more informa- they have some of the best beaches in We sit today with a lot of years of ex- tion for your audit tomorrow. the world, and the cruise ships used to perience with an Internal Revenue So I made a decision that I would not go there all the time. Now there is a Service that is too big, it is too intru- allow them to rummage around in my little small part of Haiti on the north- sive, it injects itself into our private files, pull records out. They did not ern tip that is gated, secured, and they lives, and it slows down our business know my filing system. I could not be go there. and our commerce. So I want to start assured that they could put them back

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.165 H22PT1 H2362 CONGRESSIONAL RECORD — HOUSE April 22, 2004 in the filing system the way they were. I came to that conclusion from the So as I went around my circle of Not being able to copy them in any ef- beginning and did not consider the po- friends and coworkers that I had and ficient fashion without a copying ma- litical difficulties of that. I simply con- associates, I could get them to answer chine, I insisted that I will sit here sidered what the world would be like if me, and it would be things like, well, I with you, and any record you want, I we had our freedom back and if we did do not know, but it must not be a good will pull it out of the file. I will show not have this intrusive agency that idea, or we would be doing it. it to you, you can take your notes, do was entering into my life and obstruct- I had all the answers to everything I your documentation and due diligence. ing this thing, that all I wanted to do could think of, so I would go to the li- Then when you are finished with those was run the business and raise a fam- brary and look. I could not find any- documents, I will put them back in my ily. thing on eliminating the IRS and going file and get you the next ones. So, day by day I sat there and began to a national sales tax. I thought there So I did that. I did that for 4 days, 4 to think, well, we would have to re- must be some economic study. I did not days of being scrutinized by the Inter- place the revenue. If we eliminate the have the Internet, so I could not sim- nal Revenue Service, believing all the IRS, how do we replace the revenue? ply do a Google search and come up time that I had done everything within And it did not take very long. I looked with whatever has happened out there the law, everything exactly right, not at what about an excise tax? What in the . It was not just legally but also ethically, filed my about import-export duties? What available. taxes on time, paid my taxes. And at about user fees? Finally, after weeks of trying to find the ends of 4 days, 4 days of lost pro- And it does not take very long of a conversation with someone who knew ductivity, the IRS agent finally sat considering those alternatives before something about this, someone who down with me, and we went through one can easily conclude that you can- had at least thought about it before, these numbers that she had evaluated. not raise enough revenue in that meth- had an opinion on it after I told them There were subjective decisions that od to fund this large Federal Govern- what I worked on, and trying to find were made, and I got hit for a loss in ment that we have, and the only alter- some research, I finally told myself, interest, in penalty and principal for native to eliminating the IRS and well, Steve, you know, this makes ulti- taxes that to this day I do not believe eliminating the tax on our income mately so much sense to me that it that I had a legal obligation to pay, would be to establish a national sales should make that much sense to every- but if I had gone to court to defend my- tax that would be established at a rate one else. Surely the rest the world self against this behemoth of the IRS, all across this country, for 100 percent must intuitively know what is wrong it would have broke me. of the sales and service for the last re- with it, they know that, and it is some- I could not afford any more days of tail stop for the dollar. thing I simply cannot comprehend or not being out making money, because I So I began to work that through, and figure out, so that is the only reason had bills that I had to pay, so I made a I worked it through day by day, hour why we are not doing it. very, very difficult decision for me, and by hour. And I looked forward to going And I put it on the side shelf of my that difficult decision, for a person who to work every day so I could sit there mind. I never put it away, it was al- believes in standing on principle, al- on that dull bulldozer and think about ways something that was there, but I most no matter what the cost, I made how we could get rid of the IRS. That was not as active on it for a number of the decision that the principle of pre- was in a way my therapy. I had no idea years. But I always wanted to get rid of serving my business was more impor- in 1980 I would end up in the United the IRS, always believed it was the tant than the principle of going to States Congress in the year 2003 and economic stimulus, and I always be- court to defend I will say the subjec- 2004 and have an opportunity to come lieved there was a solution to any prob- tive and arbitrary decision by a single here and advocate for something that lem that anyone could raise that might IRS agent. had taken place clear back then, that be a reason not to move forward with So, I had to set up a time payment, 20-plus years ago. what today is the bill that we call Fair but I paid the principal and the inter- But that was what was taking place. Tax, or H.R. 25. est and the penalty, and it hurt finan- Many days I was establishing a philos- Well, this took place and began in cially, but it hurt a lot more as a mat- ophy for a lot of things, not just the 1980, and as those years unfolded, along ter of principle. taxes. But as I worked through the about 1993, I get mailings that come So here I was, starting a business, problem of resolving this and elimi- into my office, and I always send out a creating jobs, doing the things that are nating the IRS and replacing the rev- little letter, make a phone call, so pub- within the parameters of the American enue, I asked question after question, lications would come in, and I would dream, and I was being punished and the devil’s advocate question of what send off for a book here and there. penalized by an IRS service. goes wrong when we make a decision As I built this little private library So that next day, on the fifth day like this? How many things will at home and this filing cabinet at home when the sun came up, I went out to change? What do we do about people of all the things that interested me, work, climbed in the seat of a bull- that smuggle goods over the border to which, again, was the foundation for dozer, and I began to build terraces. avoid the tax? What do we do about tax the philosophy that I think gave me Well, there it is not the most exciting evasion? How do we get the States to this great privilege and honor of serv- and thrilling thing a person can do. I comply? How many States already ing in the United States Congress, I have enjoyed a lot of it and built many have the tax policy? saw an advertisement for a book that thousands of feet, but while you are Well, I worked those things through, caught my eye right away, and the there, you are looking at the top of the and I worked every one of the ques- name of the book was Fire the IRS. hill, the machine is loud so you cannot tions that I could come up with over I ordered this book, Fire the IRS, by have a radio, and that means that weeks and weeks. I worked that all Dan Pilla, copyrighted 1993. As I de- there is no entertainment there except through in my own and had an answer voured this book, word by word, page what work is in front of you and what back for all those questions that I by page, read it through forwards and is going on around you, which is not a could ask. And yet I would stop in backwards, marked it up and high- lot, and what goes on, the entertain- town, the first one in the coffee shop in lighted it, Dan Pilla had documented ment and the things that go on in one’s the morning, and the next one that all of the things I had considered and own mind to keep you entertained. would show up, I would begin to talk more, and he also had some words for Well, it was not entertainment that I with them, what do you think about us from some economists. Dan Pilla was after. I had smoke rolling out of eliminating the IRS and going to a na- was an IRS officer who understood this my ears from the IRS audit. So I began tional sales tax? Nobody had thought clearly. to day by day think about how do we of it before. It seemed like a concept This book, by the way, has been in go about eliminating the IRS? I mean, that there should have been a few mil- my bookcase now for almost 10 years I did not work up to that premise, I lion people thinking about, but I could without me touching it until just a just started with here is a basic not find anybody that had thought couple of days ago, I happened to see it premise, I wanted to eliminate the IRS. about it before. peeking out of the rest of the books,

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.167 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2363 reached in and grabbed it. There was a the IRS, it costs another $65 to collect right. They fill out their tax forms, all reason why it popped out and into my that $100. right. But they do not really pay taxes. hand. But if it is $720 billion in 1985, and I No one in this place has ever been able But this book, Fire the IRS, by Dan have not extrapolated the inflation fac- to figure out how to get a corporation Pilla, documented all of these things tor on this to take us to the year 2004, to actually pay a tax. that I believed, and it gave me con- but $720 billion, and we would know it They have to pass the tax through, fidence that I had gone down a path would be substantially more in today’s and they pass it through to real people. that really was a legitimate path from dollars, but I will tell you it adds up to People pay taxes; corporations do not. an economic standpoint, a legitimate over $1 trillion a year because of the So we untax corporations. We do not path where the best economists in inflation factor on the $720 billion. ask them to go out and collect them America could stand up and defend a And another factor that is so huge in anymore, is the essence of it. By the philosophy like this. its implications that there is not an way, many of them are spending hun- Now, I have only raised one issue economic model that can evaluate dreds of millions of dollars just filling with the IRS, and that is the intrusive- that, and that is what happens to these out the forms and paying their attor- ness of it and the burden of it. But we millions of people that are out here neys to do the tax, the legal tax avoid- have a huge burden with the Internal collecting data that goes into the IRS ance. Revenue Service, and it is not that and into the tax policy? There are mil- b 2000 they are not good people working for lions of people out there that at least the agency. They have their job to do, in part, and of them as a whole, make And it is so effective that 61 percent and I do not take issue with that. It is their money with taxes. Those people of our domestic corporations in Amer- that we need to establish good public would go to work in the productive sec- ica paid no taxes at all for last year, policy here. We need to take the load tor of the economy as opposed to the and 71 percent of the foreign corpora- off of tax collection. nonproductive regulatory sector of the tions doing business in the United It adds like this: When you add up economy. States filled out their forms but did the cost of funding the IRS, paying So you add up all those numbers, the not pay taxes. their wages, their overhead, their $720 billion from Dr. Payne by 1985, add So we are down to 40 percent, 39 per- buildings and all the maintenance on an inflation factor to that, and then cent of the domestic corporations, and those buildings, and their transpor- add to that the economic impact of the 29 percent of the foreign corporations tation, and all the things that go on to people that are now in the regulatory are all that are actually paying any fund the IRS, you take that number; sector, the nonproductive sector, and taxes whatsoever. But, nonetheless, then you add up all of the dollars that they would be shifted over into the pri- they are all passing it off to their cus- we pay our tax preparers that take the vate sector, the productive sector of tomers. They are not digging out their data that we give them and put it to- the economy, it is easily over $1 tril- asset base. So the cost in the goods of gether in a report that goes to the IRS lion a year the size of the anchor we everything that we see on the retail and its tax filing, you add up that num- drag along behind this ship chugging shelf, the retail sales and service, that ber; and you add up the number for all along here, which is our Nation’s econ- is the tax component that they are the tax that are out there that omy. passing along to you, to the citizens of are working with tax avoidance, and We are dragging that anchor across the United States, ranges from about that is the legal term, working for tax the bottom, and that anchor is at least 20 percent on up to 35 percent depend- avoidance, and it is legal, the costs we 10 percent of our gross domestic prod- ing on how intensive their labor is and are paying them; and our accountants, uct, and probably significantly more what their tax burden is. all the people that compile and process than that. We have about a $11.4 tril- And we can, by taking the tax off of that data that gets that April 15 date lion economy, and over $1 trillion of it our businesses that are providing the turned in; and then you add to that the is the burden of the IRS. If we elimi- retail products and the service prod- loss of income for people that have de- nate them, we can cut the chain on ucts, by taking that tax component cided that my tax rates are too high. I that anchor, and we can sail this eco- out, that averages 22 percent. So that do not want to work any harder this nomic ship free, and it will sail pure, item that will cost you $1, 78 cents of it week. This 40 or 50 hours a week I work and it will sail fast, and we will do a is actual cost of the production and 22 and this offer of 10 extra hours of over- lot of good things. cents is the cost of the built-in tax. time, I am not going to take it up, I am Now, one of the things that we have That is the tax, the corporate income not going to do the overtime because I is a negative balance of trade. Today tax and the payroll tax that they have do not get to keep enough of the money our balance of trade is a minus $503 bil- to pay their employees and a few other that I earn. The IRS takes too much of lion a year. That means when we are assorted taxes that accumulate along it. So they make a rational decision, buying $503 billion more of goods than the way. and they decide I am not going to work we sell to foreign countries. Foreign in- If we quit taxing everyone’s produc- the overtime or I am not going to terests then own half a trillion dollars tivity, of course, we quit taxing cor- make the extra sales calls, or I am not of our assets more every year. Each porate and business productivity as going to start up that production line year that goes by, that number gets well. That means that the retail costs on my plant I have going here, because bigger, and they own more and more of of goods go down by 22 percent. When I can make the same cash flow, and I the United States of America. that happens, that does a lot of great am happier living on the income I have We cannot go on indefinitely mort- things. But what it really does with got, rather than taking on all of the re- gaging our assets and letting them be our balance of trade is it discounts the sponsibility and burden of trying to held as collateral by foreign interests price of what we are selling to foreign make a little more money with the IRS because we have got a negative balance companies, foreign countries by 22 per- taking a bigger and bigger chunk out of trade. We need to turn that to the cent. of it as you go up the ladder. So, the positive. So, for example, if we have a sign up people make a rational decision and de- If we are able to pass H.R. 25, the like everybody else, back when I did cide, well, I am going to pick up my Fair Tax, and if we are able to sub- the math, gas was $1.50. So if we put golf clubs or my fishing pole and take stitute then for that tax a national our neon sign up that says gas is $1.50, a little time off. There is nothing sales tax, consumption-based, that our competition overseas, they are sell- wrong with that either. means that we untax all of these enti- ing theirs at the same price, we are But when you add up all of these ties out here that are paying income selling goods into foreign countries as costs, all of these costs, 1985, by an tax today. far as we can compete and no further. economist in this book called Dr. Now, it might come as a shock to When we cannot get the price down any Payne, $720 billion a year, that is with some Americans that corporations do lower or the label of the United States a B, to fund the IRS and the revenue not pay taxes. Does it sound out- is on it, that is the static line by which shortfall that is there. He also has cal- rageous? Corporations do not pay we are not going to sell any more goods culated that for every $100 collected by taxes. They send the check in, all overseas, and that line is different for

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.168 H22PT1 H2364 CONGRESSIONAL RECORD — HOUSE April 22, 2004 every commodity, and it is different in missiles or our bombs in that same dend income. We eliminate the tax on every country; but it is competition fashion. It puts our national security capital gains. The tax on your Social that sets that line. We can get an ad- at risk. That is a fact, by the way, that Security income, the tax on your pen- vantage by untaxing the cost of the that did happen. sion all goes away. The tax on your in- products made by American companies. We need to hold our technology here. terest in dividend income, as I said. Taking the burden of that tax out, that We need to hold our industry here. We So who are the winners in this? Sen- will bring the cost down by 22 percent. need to hang on to our blue collar jobs. ior citizens are winners. And they are So now both of us today have a sign We need to slow this loss of our indus- some of the people that I have to think up that says gas is $1.50; ours go to try overseas. If we can push it around of first because I represent the 5th dis- $1.17. That is the equivalent component and bring them back, we can do that. trict of Iowa. And they are in the west- now for our competition for our prices For example, Ireland untaxed new ern third of the State. I have 32 coun- of the goods that are going overseas. corporations that would move there. A ties. We in Iowa have the highest per- And it also it says ‘‘Made in America,’’ little island of 4 million people. And centage of our population over the age which helps to sell it as well. they now they have about 121⁄2 percent of 85 of any of the States in the Union. So we know what will happen. We flat tax on their corporations, far more We are arguably the oldest State in the will sell that competitive good, that competitive than the rest of Europe, at Union. And in this possibly the oldest product that is made in America into any rate. But when they untaxed cor- State in the Union. And of the 32 coun- foreign countries until such time as porations that would come and stay for ties that I represent, I have 10 of the 12 they match our price and our quality, 10 years, they ended up with today 560 most senior counties in Iowa. I would or they put up some kind of trade bar- American companies that are estab- only advocate a policy that was good rier, which is another can of worms lished on the little island of Ireland. for the seniors in this country because that we need to address. That changes We should untax these companies it is good for the district that I rep- our balance of trade. It shifts our bal- that are here. We have lost a lot of resent. ance of trade from minus $503 billion a American companies overseas. A lot of But what we are able to do with a year to a plus number. That is a great them would come back home again be- fair tax is take away your tax on your number, but I do not know how great it cause of the new tax policy. We have Social Security income, tax on your is. I know it is solid, and I know it is foreign corporations that moved to the pension income, tax on your interest substantial. That means more jobs here United States because of our new tax income, your dividend income. We in the United States of America. That policy when we untaxed them. That eliminate the tax on capital gains that means more American products sold means we have more jobs here in the will let you, if you own a house that overseas. That means we bring back United States, and that means our pro- you would like to sell, that maybe you our balance of trade. ductivity goes up and it will be pro- bought it for $10,000 now it is worth Now, another thing that is happening ducing those kind of goods that will go $110,000, you do not have to pay the is we are losing industrial jobs over- overseas, and it improves our balance capital gains on that any longer if we seas. And it is going to happen. If they of trade. pass fair tax H.R. 25. You can sell that are paying 68 cents an hour equivalent Now, said what you parcel of real estate without a tax bur- in China and they buy a punch press or tax you get less of. He also said what den. It does not have to be part of the a lathe or whatever kind of industrial you subsidize you get more of. I will equation, part of the calculation in product, they are upgrading their pro- not go down the subsidy side tonight, making a decision. ductivity with that technology. And as but I will go down the tax side. What So if you want to go in and lease a they train their people to do that, we you tax you get less of. We are taxing duplex or apartment or independent are not going to be able to hire people everyone’s productivity in this coun- living, if that is your decision, sell at 68 cents an hour. We cannot compete try. your farm too if you choose to do that. with that indefinitely. But what we The Federal Government has the Maybe you paid $100 an acre for the can do is by discounting what we are first lien on everyone’s labor, on every- farm and today it is worth $3,500. The selling to those countries is we will one’s productivity. That means that capital gains on it would be tremen- keep those jobs here longer. We will be they reach into your check, they reach dous. That is why we have people hang- competitive longer by taking the 22 into your check at the end of the week ing on to real estate and hanging on to percent out, that cost of the tax com- and they take out what they want, and assets, because they cannot afford to ponent of everything we sell, we take they let you take home the rest. That sell them because of the capital gains that out and we are more competitive is called take-home pay. We have been burden. longer which means we keep those in- so numbed by this that a lot of us do Senior citizens make out very, very dustrial jobs here longer. not even think about the money that well on this because we untax their in- The gentleman from Georgia (Mr. we make; we think about the money we come stream, and we let them sell LINDER) believes that we will get some take home as the money we make. So their assets without penalty and they of those jobs back again. And I believe we can let you keep all of the money can manage their retirement, and we that we will get some, and I think we that you earn and no longer have to eliminate the damage tax so they can will lose some. I think it will be a slow take a withholding out of that check. pass what is left over on to the next loss, but we will dramatically slow the And then we are incenting the cap- generation, which is a part of the loss at a minimum. And it is essential ital formation. We are not taxing ei- American dream as well. Seniors also that we hold industry in this country ther. Here are some of the taxes that get along, get another advantage here, and put tax and regulatory structures we get rid of. I said corporate business that is part of what everybody gets and in place so that we can. tax, income tax, your personal income that is we have to remove the regres- One of the reasons would be national tax all goes away. The payroll tax on sive nature of a sales tax. And that re- security. It is not just our economy. Social Security, Medicare, and Med- gressive nature comes with having to But we have to produce things that are icaid, that is the most regressive tax pay a tax rate for everything that you competitive in the world for our econ- we have in America. Everybody pays buy. omy. But from a national security that on the first dollar and all the way The less income people have, the standpoint think, for example, that up to $87,000, and then after that you greater percentage of their income will there is a foreign country over there in do not have to pay any more of the So- go to taxes. So we need to address that. Europe that produces a guidance piece cial Security portion, but you do Medi- That actually is the hardest problem to of technology that guides our missiles care and Medicaid. That is a regressive fix. But the solution is actually very or our bombs. Think that that foreign tax. It is an extraordinarily regressive simple once you come to that. That is country disagreed with our policy in tax. And we eliminate that. this: we send into every household in Iraq when we went in there militarily So we are going to eliminate income America a rebate check at the first of and think what happens when they tax of all kinds. We eliminate inherit- the month to compensate each family stop shipment of that guidance tech- ance tax. The death tax goes away. We in advance for the amount of money nology and we are not able to use our eliminate tax on interest income, divi- that they will pay in a Federal sales

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.170 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2365 tax in the necessary items on up to the er has then more money in their pock- the employee’s wages because, after poverty level. ets. They spend that money in the re- all, that is the cost of the employee. So So, for example, a family of four tail counter which then drives this wages will go up by 71⁄2 percent. would get a check the first day of the economy. We watch how our economy Now, this is, every piece of this pol- month, or wired to their account is is when we go up towards Christmas. icy is a good thing. Everything rolls more likely going to happen, for an We say are sales up or down; that tells around to the positive. And when we amount of $479 for that month. That is us a lot about how strong our economy are finished with this, it adds up this actually a pretty good check. That is is. There will be more money in the end way. the tax portion of what they would spent at the retail level. What is the rate? You all have to be spend. Senior citizens get that check; By the way, all those things sold at asking and wondering what is the rate? so does the poorest family in America. the retail level get cheaper. They get 22 Well, the rate adds up this way. Re- So does Bill Gates, by the way. percent cheaper. member we are discounting everything Everyone gets untaxed up to the pov- If you are wondering how it works, if you purchase by 22 percent, so compare erty level. Then from there on, you you are a businessman, again I am it with that. We have to put the rebate start to pay your tax at a rate that from Iowa so we always put it into check into every household to make would then be calculated. The average farming analogies, if you are a farmer sure it is not regressive, to make sure family then would pay less in taxes and you go out and spend $250,000 on a we can untax the poor and untax the when the bill is passed than it does brand-new combine, and you are think- people on fixed incomes. We will untax today. Senior citizens make out very ing I do not want to pay the tax on Bill Gates if he wants to live at the well. The poorest people in America that, well, you do not pay the tax on poverty level, and I am sure he will make out very well because we untax that. You do not pay the tax because not. But when we do all of that, that them. And they do not have any tax that is a business input. It is not a last cost is 3 percent. And then when we re- burden. They get the check for the first retail stop for personal consumption. place the payroll tax, and that is So- of the month for the necessary items. So there would be no tax on the com- cial Security, Medicare, Medicaid, that And then neither are we taxing cap- bine or the new tractor or the parts .0765 times 2, 15.3 percent of your pay- ital formation. We are not punishing that go into it, or the seed or the fer- roll, that replacement costs 8 percent you when you save money, when you tilizer or all the other inputs that are at the retail level. invest money. You can invest money there. Or if you are running a retail So now we are at 11 percent as a tax and earn income off of that without a store, and you are purchasing inven- rate, but the replacement portion, then penalty. So we incent then, we provide tory for that store, say, for example, that takes us up to the revenue-neutral for and promote, capital formation. you run a grocery store, you do not pay number, that number that just gen- There will be billions of dollars that the sales tax on your wholesale cost of erates the income that is coming from flow into all kinds of investment ac- those goods. You collect it when you the income tax today, that takes 12 counts. These investment accounts, sell. Or if you are running a jewelry percent. So when you add the numbers they do not get sewed into a mattress. store and you happen to be buying jew- up, it is 3 percent plus 8 percent, which That money goes to some good, gets elry that gets purchased at the inven- is 11, and you add 12, so you are at 23 put to some use. Say someone decides I tory level, you put that inventory in percent; 23 percent embedded tax. But make a lot of money and I only want to the store, you are not paying tax on we discounted the same items by 22 spend a little bit of money. So I will that inventory. percent. take this money and save it, and I will So you will ask, how can we do that? 2015 put it into maybe a time deposit at the b That sounds almost like something for bank, a CD, certificate of deposit. Well, But when the person comes in and nothing. The reason that this works the bank will take that money and roll purchases that brand new diamond en- out this way, and we have over $20 mil- it into another investment or loan it to gagement ring that starts out that lion of research on this that supports a young entrepreneur in the commu- unique family that hopefully has a lot this, the reason that it works out so nity that is starting up a business or of children to participate in the Amer- well is, first of all, we have a broad tax. maybe wants to buy that real estate ican dream, that that new diamond It is all sales and service. We allow no that has primarily been tied up because ring does not get income tax on if when exceptions or exemptions of any kind, of a capital gains bind. That is re- you purchase the diamond as a whole- because if we do, that opens the door leased. Start that up and maybe we saler or as a retailer, but the person up for this big machinery here in Wash- have got young people that go in and that does it at the resale level from the ington, D.C., this monstrosity of a buy a farm where they could not do retailer does pay the tax. But if you lobby that about half of it is all here that otherwise or they start a business are selling it, you get the discounts on because they are looking for a tax dis- that they could not do otherwise, or average of about 22 percent because the count, the tax credit, the way to mini- maybe that money goes into research tax burden is off, and all the people, mize the tax liabilities of these compa- and development. the people that you are paying to work nies. And actually individuals only at And that is going to produce more in the grocery store or in the jewelry 61 percent are paying taxes. Remember, items out here. And we use the cre- store or in the grain elevator, wherever as I said, domestic companies, and 61 ativity of America to bring more it may be, you are no longer paying the percent, 71 percent of foreign do not, 61 things to the marketplace. Or the payroll tax out of the wages, the 15.3 percent of domestic do not. money gets invested by companies to percent that you take out of the wages So this whole component that we put capital investment in that does im- and send off to the Federal Govern- have here is the economic model that prove the productivity of every Amer- ment for Social Security, Medicare and stimulates the maximum amount of ican. If it is a research and develop- Medicaid. economic growth. So we have incented ment that produces more of those inno- Many times I have sat there and this capital formation on the high-tech vations or higher education, all of made payroll out for over 28 years, side. We have saved this loss of jobs those things, where the future of Amer- 1,400 and some consecutive weeks, and that drain into overseas. We kept the ica’s economy is, that future up there I do not know how many different pay- blue-collar jobs that are here. We have in the high-tech side, the development roll checks I signed, but I met that fixed the balance of trade. We put side, the investment side where it payroll, and I sat there with that cal- money into investments. We put takes dollars and education and tech- culator, and I punch out .0765, multiply money into research and development, nology, we will incent that and those it times the gross wages, take it out of into high tech, into higher education. dollars will be invested there. the employee’s wages, add it. As an em- All of these are the good things we Those dollars, by the way, improve ployer it is 15.3 percent. That does not need to do on the top side of the econ- the productivity of the American work- get withheld any longer. You get to omy and on the bottom side of the er who will then make more wages. keep that in your payroll as well. economy and on the balance of trade. There will be more demand for the Most people think that that half of And we have done that by changing American worker. The American work- that 15.3 percent, .0765, can be added to this retail price by a little bit, because

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.171 H22PT1 H2366 CONGRESSIONAL RECORD — HOUSE April 22, 2004 the price goes down by 22 percent when I want generations of Americans that taxing tourists in this country. If we you take the tax out, but the tax rate look at government as the last resort can tax the tourism industry that is embedded at 23 percent. We will tax and come up with their own first and comes in here, people from foreign all sales and all service at that. That is second solutions and do everything countries that are using our infrastruc- why when it is broad, we can keep the they can to resolve their own problems ture, they drive on our roads, they tax cheap. That is an essential compo- at home. We need to have more inde- flush our toilets, they use the elec- nent of this. pendence and more freedom. This bill tricity, all of these things that are part Now, another thing that I think does that. of our system in this country flowing about is today about 44 percent of H.R. 25. You can find information and going so well, if we can tax them Americans do not pay income tax. about all of the statistics and data I on what they spend in this country, Now, I said corporations do not pay have given you at fairtax.org. that would be $50 billion a year added taxes, and they do not. People pay We today have some 46 or so cospon- to the $230 billion that I mentioned taxes. People producers pay taxes. If sors on the bill. The gentleman from earlier. We are up to where we have $3 you are making an income high enough Georgia (Mr. LINDER) is the lead. The billion in revenue from the illegal side and do not have discounts or do not people in Georgia understand how im- of this thing and from the tourism side, have deductions that make sure that portant this is. They support a fair tax. the prostitution, the drugs and all of you do not, but 44 percent of the Amer- They know this is the most dynamic that. So it is nice to have those people icans are not paying income tax today. thing we can get done. As I said earlier, carrying part of the burden. They have That means that that number is grow- the economists out there do agree. The not carried any of their fair share. The ing. That number has grown dramati- only question is the political difficulty, fair tax will require them to carry cally in the last few years. If that num- not the economic difficulty. We are their fair share. ber grows up over 50 percent, as soon as here to solve this political difficulty, There are other things that we need 51 percent of the people in this country and I am here speaking to this tonight. to do to bring them in line. That is the figure out that they can go to the polls I have done programs in Council big picture on this. and elect themselves members of Con- Bluffs and in Sioux City. In Council Every aspect of our economy gets gress and elect Members of Congress Bluffs it was sitting room only. In better and better and better as we look that will then tax the producers and Sioux City it was standing room only. at this policy and program. So we tax send the money to the people who are I did not find anyone that could come the tourists. We tax the drug trade. We not paying taxes, we have lost. We up with a comment or question that tax the prostitutes. We tax the illegal have lost this freedom. We have lost would be a reason why we should not industry that is in America and gen- this constitutional Republic. We have do this. erate a number approaching $300 billion lost this democracy if we let it get that I believe everybody in America is a a year. We untax the poor. We untax far. winner when we replace the IRS and the senior citizens on fixed incomes at It only takes another 6 percent plus 1 the Income Tax Code with a fair tax, a least, and the middle-American family for the nonproductive sector of the vot- retail sales and service tax, an embed- that will get that rebate check in their ing populace, those who are not paying ded cost of 23 percent; discount those households at about $479 a month for a income tax, to have a majority control retail prices on sales and service by 22 family of four. That makes that num- in this country. Then the only thing percent because we are able to untax ber around $40,000 a year. They will that keeps them from voting them- the businesses that produce those sales find their tax rate at about 15.6 per- selves benefits out of the Treasury may and service. cent. So they get a cheaper tax rate, be lack of organization, and maybe it And by the way, when you look too. bothers their conscience. I want every- around this country, there are some It helps everybody in America, and, body to have some skin in the game. I people that do not pay taxes, and there by the way, there is a political dy- want everybody in America to pay are some people I would really, really namic to this. When we started selling some taxes. like to tax, and I am looking around at American products into countries that We will send the rebate check into the drug dealers in America. They are have not been competitive before, the every household so we untax the poor, living in a black market, illegal econ- European Union comes to mind, when but when the poor goes out, when ev- omy, and they are dealing in cash. Do that happens, they have to look at erybody goes out and purchases any- you think that they call up H&R Block their own tax policy when they cannot thing at the retail level, any sales or and say, I brought in $1.5 million this be competitive any longer. That means any service, then they are paying their year, and I had a 67 percent profit mar- they have to go back into their Par- taxes. That means they understand gin; therefore, I must have a tax liabil- liament and make a decision on what every day that they do a transaction ity on $1 million? They are not doing their tax policy will be in order to com- how expensive the Federal Government that. These people live in the shadows, pete with the United States of Amer- is. but they take their cash out, and they ica. And that policy will be closer to a Every little kid when they grow up in go to the retail, and they buy things. fair tax policy than the 70 percent in- America and they go to buy their base- That is why they are doing what they come tax they have today that goes to, ball cards, let me see if I have them can do so they can buy things off the and that was Denmark, for example, here, buy their baseball cards or buy shelf. Clothes, cars, and entertainment where they take that income tax and their Barbie doll clothes, and they have and all the things the rest of us do, provide all kind of things for people to reach in and pull a couple of dimes they are doing it tax free. Their busi- that take away their personal responsi- out for Uncle Sam, that will hurt a lit- ness is in the shadows. We get to tax bility, create a dependency, grow a so- tle bit every time they have to do that. them not through the income tax, be- cialistic philosophy, and puts the bur- They will think about where that cause we cannot catch them with that, den on the economy that does not money goes. They will know intu- on their cash income, but we will catch allow them to be competitive unless itively from the time they are 4 or 5 them at the retail level when they pur- they raise the taxes so they can sub- years old that they have to fund this chase things from the shelf. sidize the things they need to, like our government. When they do that, I So we get to tax drug dealers and egg products, so it is harder for us to think they will understand when they prostitution. There is about a trillion compete with them. get old to vote and participate in pub- dollars worth of illegal economy going At some point our competition in lic life and old enough to hopefully on in America. We get to tax it all. So this country breaks their bank, and serve in this United States Congress that is about $230 billion in our Treas- they have to buy into our policy. When someday that there is such a thing as ury there that ups the ante. That al- they do that, the European countries, personal responsibility. And today we lows us to take the rest of your taxes the rest of the countries in the world have created this dependent society down a little bit. will be more free than they are today. where many of them look at govern- Tourists come into this country. There will be a lower tax rate. People ment as the first solution instead of They do not mind taxing me when I go will be able to keep all the money they the last resort. into their country. We seem to mind earn instead of having to give up 70

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.173 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2367 percent of it, and that means they will If we went to the flat tax, as Steve lative program and any special orders be more productive. And they will ad- Forbes advocated some years ago and heretofore entered, was granted to: vocate for the same things we do. And as Dick Armey, who was the majority (The following Members (at the re- the center for political gravity in Eu- leader in this chamber, advocated some quest of Mr. PALLONE) to revise and ex- rope, for example, shifts to the right. years ago, that postcard, if you put tend their remarks and include extra- When it does that, they are a closer your taxes on, still keeps the IRS in- neous material:) friend to us, and they become more al- tact, still requires an audit. That post- Mr. WYNN, for 5 minutes, today. lies than they are today. And they have card is your income tax the way it Mr. CONYERS, for 5 minutes, today. been good allies over the years, but we looked 90 years ago when this mon- Mr. MCDERMOTT, for 5 minutes, can improve that with the fair tax pol- strosity first began. If we could cut it today. icy. back to that with a flat tax, it would Mr. FILNER, for 5 minutes, today. So H.R. 25, fairtax.org, embedded tax still grow into another monstrosity Ms. NORTON, for 5 minutes, today. costs of 23 percent, reducing the cost of again. Over time, we can eliminate the Mr. PALLONE, for 5 minutes, today. everything we sell by 22 percent. We re- IRS, we can eliminate the tax code, Ms. BERKLEY, for 5 minutes, today. pair our balance of trade; that minus and by the way, we must amend the Ms. WOOLSEY, for 5 minutes, today. $503 billion a year in balance of trade Constitution so that income tax is un- Mr. SMITH of Washington, for 5 min- goes to a plus number. We slow the loss constitutional again and the utes, today. amendment that established and legal- of unskilled jobs or lower-skilled jobs Ms. KAPTUR, for 5 minutes, today. ized the income tax, and the American going overseas, and we promote capital Mr. CUMMINGS, for 5 minutes, today. people will be ready to do that; they formation that grows our economy on Mr. INSLEE, for 5 minutes, today. the high-tech side. And we lower the will get confidence in. (The following Members (at the re- We will pass the bill and introduce a taxes on middle-income America, and quest of Mr. MURPHY) to revise and ex- untax the poor and the senior citizens constitutional amendment and watch this dynamic economy jump, but the tend their remarks and include extra- on fixed income. neous material:) It does everything that a tax policy piece that is most important is a $1 trillion anchor on our economy im- Mr. MORAN of Kansas, for 5 minutes, can do. Additionally, the costs of com- April 27. pliance gets reduced by 95 percent. posed by the IRS today. That $1 tril- Mr. BURGESS, for 5 minutes, April 27 Forty-five States in the Union today lion anchor can be cut. and 28. have a sales tax in place. They already H.R. 25 cuts that anchor chain. That Mr. NETHERCUTT, for 5 minutes, have the collection system there. They anchor can stay in the bottom of the today. already have the audit system in there. ocean, and we can sail this ship of our Mr. OSBORNE, for 5 minutes, April 27 So only five States have to put in place economy free, and we can take these and 28. a sales tax system. They will grumble people that are now involved in the (The following Member (at her own and groan about it a little bit, and they regulatory sector of the economy, the request) to revise and extend her re- will be the five States to oppose this, IRS workers and all those people who marks and include extraneous mate- and yet the best thing overall for are so busy working for tax avoidance America. or tax compliance, I mean, we have got rial:) this whole competition going on out Ms. EDDIE BERNICE JOHNSON of Texas, b 2030 here. They can all go to work in the for 5 minutes, today. So, when they do collect those taxes, private sector producing a good or f it will just be the State treasurer sends service that has value, that they can the check to the U.S. Treasury. It is cash a check for, and they can go out, EXTENSION OF REMARKS that simple, and the audit systems are too, with the money they earn, keep all By unanimous consent, permission to there now, and we can contract with the money they earn, spend it at the revise and extend remarks was granted them to continue to do the audits as retail level, decide when they pay their to: they have, and we also want to pay 1⁄4 taxes. Mr. SAM JOHNSON of Texas and to in- of 1 percent to the States for collecting It is freedom; it is fair. It is clude extraneous material, notwith- the tax and to the retailer for col- fairtax.org. It is time this Congress standing the fact that it exceeds two moves. It is time we have a conference lecting the tax. pages of the RECORD and is estimated Have you ever had the government to debate and discuss this and get off by the Public Printer to cost $2,917. send you a check for collecting taxes the dime on what is the best policy. before or did you just send it in and be This is the best policy. I believe that f glad you can keep the little bit that is should be settled with the American BILLS PRESENTED TO THE left? We change that. So April 15, that people. We need to move forward and PRESIDENT day when people stay up all night long get past this indecision. Jeff Trandahl, Clerk of the House re- pulling their hair out to make sure So with that, Mr. Speaker, I appre- ports that on April 22, 2004, he pre- they can file the forms, make sure they ciate the opportunity to address the sented to the President of the United can meet their tax obligations, and chamber tonight, and I look forward to States, for his approval, the following there are millions of Americans that go some action on this issue and many bills. to borrow money to pay their taxes on others as this time unfolds. that day or the day after, April 15 is f H.R. 1274. To direct the Administrator of the worst day on our calendar, and it General Services to convey to Fresno Coun- LEAVE OF ABSENCE ty, California, the existing Federal court- can become just another day when this By unanimous consent, leave of ab- house in that county. Congress passes the fair tax, H.R. 25. sence was granted to: H.R. 2489. To provide for the distribution of The time is right. The majority lead- Mr. CARDIN (at the request of Ms. judgment funds to the Cowlitz Indian Tribe. er understands this. He has been a sup- PELOSI) for today after 3:00 p.m. on ac- H.R. 3118. To designate the Orville Wright porter of the fair tax for a long time. count of official business. Federal Building and the Wilbur Wright Fed- eral Building in Washington, District of Co- We know we need to bring tax reform. Ms. JACKSON-LEE of Texas (at the re- lumbia. We know we need to bring a dynamic quest of Ms. PELOSI) for today on ac- energy into this economy. No one, no count of official business in the dis- f one in their right mind, that is, would trict. ADJOURNMENT advocate that we would take the inter- Mr. TAUZIN (at the request of Mr. nal revenue code we have today and DELAY) for the week of April 19 on ac- Mr. KING of Iowa. Mr. Speaker, I modify it and amend it and try to count of medical reasons. move that the House do now adjourn. somehow get tax reform out of this The motion was agreed to; accord- f monstrosity of pages and produce ingly (at 8 o’clock and 34 minutes something that provided equity for the SPECIAL ORDERS GRANTED p.m.), under its previous order, the American people. It is not possible By unanimous consent, permission to House adjourned until Monday, April with that monstrosity. address the House, following the legis- 26, 2004, at noon.

VerDate mar 24 2004 04:36 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.174 H22PT1 H2368 CONGRESSIONAL RECORD — HOUSE April 22, 2004 EXECUTIVE COMMUNICATIONS, 7725. A letter from the Assistant to the bility [Docket No. FEMA-7827] received April ETC. Board, Board of Governors of the Federal Re- 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to serve System, transmitting the Board’s final the Committee on Financial Services. Under clause 8 of rule XII, executive rule — Truth in Lending [Regulation Z; 7737. A letter from the Acting General communications were taken from the Docket No. R-1167] received March 26, 2004, Counsel, FEMA, Department of Homeland Speaker’s table and referred as follows: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Security, transmitting the Department’s 7715. A letter from the Director, Regu- mittee on Financial Services. final rule — Final Flood Elevation Deter- latory Review Group, Department of Agri- 7726. A letter from the Legal Counsel, CDFI minations — received April 6, 2004, pursuant culture, transmitting the Department’s final Fund, Department of the Treasury, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Extra Long Staple Cotton Outside mitting the Department’s final rule — No- Financial Services. Storage and Strength Adjustment for Loan tice of Funds Availability (NOFA) inviting 7738. A letter from the Acting General (RIN: 0560-AH03) received April 6, 2004, pursu- applications for the FY 2004 funding round of Counsel, FEMA, Department of Homeland ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Financial Assistance Component of the Security, transmitting the Department’s on Agriculture. Community Development Financial Institu- final rule — Final Flood Elevation Deter- 7716. A letter from the Congressional Re- tions Program — received March 25, 2004, minations — received April 6, 2004, pursuant view Coordinator, APHIS, Department of Ag- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on riculture, transmitting the Department’s mittee on Financial Services. Financial Services. final rule — Tuberculosis in Cattle and 7727. A letter from the Director, Financial 7739. A letter from the Acting General Bison; State and Zone Designations; Delay of Crimes Enforcement Network, Department Counsel, FEMA, Department of Homeland Compliance Date [Docket No. 03-072-2] re- of the Treasury, transmitting the Depart- Security, transmitting the Department’s ceived March 25, 2004, pursuant to 5 U.S.C. ment’s final rule — Imposition of Special final rule — Changes in Flood Elevation De- 801(a)(1)(A); to the Committee on Agri- Measures Against Burma — received April 7, terminations — received March 31, 2004, pur- culture. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- 7717. A letter from the Congressional Re- Committee on Financial Services. mittee on Financial Services. view Coordinator, APHIS, Department of Ag- 7728. A letter from the Director, Financial 7740. A letter from the Acting General riculture, transmitting the Department’s Crimes Enforcement Network, Department Counsel, FEMA, Department of Homeland final rule — Japanese Beetle; Domestic of the Treasury, transmitting the Depart- Security, transmitting the Department’s Quarantine and Regulations [Docket No. 03- ment’s final rule — Imposition of Special final rule — Changes in Flood Elevation De- 057-2] received March 25, 2004, pursuant to 5 Measures Against Myanmar Mayflower bank terminations [Docket No. FEMA-B-7444] re- U.S.C. 801(a)(1)(A); to the Committee on Ag- and Asia Wealth Bank (RIN: 1506-AA63) re- ceived March 31, 2004, pursuant to 5 U.S.C. riculture. ceived April 7, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial 7718. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Financial Services. view Coordinator, Animal and Plant Health Services. 7741. A letter from the Acting General Inspection Service, Department of Agri- 7729. A letter from the Acting General Counsel, FEMA, Department of Homeland culture, transmitting the Department’s final Counsel, FEMA, Department of Homeland Security, transmitting the Department’s rule — Animal Welfare; Transportation of Security, transmitting the Department’s final rule — Final Flood Elevation Deter- Animals on Foreign Air Carriers [Docket No. final rule — Changes in Flood Elevation De- minations — received April 1, 2004, pursuant 02-012-2] (RIN: 0579-AB51) received April 7, terminations [Docket No. FEMA-P-7634] re- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived April 19, 2004, pursuant to 5 U.S.C. Financial Services. Committee on Agriculture. 801(a)(1)(A); to the Committee on Financial 7742. A letter from the Acting General 7719. A letter from the Director, Regu- Services. Counsel, FEMA, Department of Homeland latory Review Group, Farm Service Agency, 7730. A letter from the Acting General Security, transmitting the Department’s Department of Agriculture, transmitting the Counsel, FEMA, Department of Homeland final rule — Final Flood Elevation Deter- Department’s final rule — Emergency Con- Security, transmitting the Department’s minations — received April 1, 2004, pursuant servation Program (RIN: 0560-AG26) received final rule — Final Flood Elevation Deter- to 5 U.S.C. 801(a)(1)(A); to the Committee on April 7, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); minations — received March 19, 2004, pursu- Financial Services. to the Committee on Agriculture. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7743. A letter from the Acting General 7720. A letter from the Director, Regu- on Financial Services. Counsel, FEMA, Department of Homeland latory Review Group, Farm Service Agency, 7731. A letter from the Acting General Security, transmitting the Department’s Department of Agriculture, transmitting the Counsel, FEMA, Department of Homeland final rule — Changes in Flood Elevation De- Department’s final rule — Tree Assistance Security, transmitting the Department’s terminations [Docket No. FEMA-D-7553] re- Program (RIN: 0560-AG83) received April 7, final rule — Final Flood Elevation Deter- ceived April 1, 2004, pursuant to 5 U.S.C. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the minations — received April 19, 2004, pursuant 801(a)(1)(A); to the Committee on Financial Committee on Agriculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on Services. 7721. A letter from the Chairman and Chief Financial Services. 7744. A letter from the Assistant General Executive Officer, Farm Credit Administra- 7732. A letter from the Acting General Counsel for Regulations, Department of tion, transmitting the Administration’s final Counsel, FEMA, Department of Homeland Housing and Urban Development, transmit- rule — Electronic Commerce; Organization; Security, transmitting the Department’s ting the Department’s final rule — Imple- Standards of Conduct and Refferal of Known final rule — Suspension of Community Eligi- mentation of Requirement in HUD Programs or Suspected Criminal Violations; Loan Poli- bility [Docket No. FEMA-7829] received April for Use of Data Universal Numbering System cies and Operations; Funding and Fiscal Af- 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to (DUNS) Identifier [Docket No. FR-4876-I-01] fairs, Loan Policies and Operations, and the Committee on Financial Services. (RIN: 2501-AD01) received April 9, 2004, pursu- Funding Operations; Borrower Rights (RIN: 7733. A letter from the Acting General ant to 5 U.S.C. 801(a)(1)(A); to the Committee 3052-AB69) received March 25, 2004, pursuant Counsel, FEMA, Department of Homeland on Financial Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on Security, transmitting the Department’s 7745. A letter from the Assistant General Agriculture. final rule — Changes in Flood Elevation De- Counsel for Regulations, Department of 7722. A letter from the Chairman and Chief terminations — received April 19, 2004, pur- Housing and Urban Development, transmit- Executive Officer, Farm Credit Administra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Department’s final rule — Changes tion, transmitting the Administration’s final mittee on Financial Services. in Maximum Mortgage Limits for Multi- rule — Loan Policies and Operations; Bor- 7734. A letter from the Acting General family Housing [Docket No. FR-4913-F-01] rower Rights; Effective Interest Rate Disclo- Counsel, FEMA, Department of Homeland (RIN: 2502-AI19) received March 25, 2004, pur- sure (RIN: 3052-AC04) received April 14, 2004, Security, transmitting the Department’s suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule — Final Flood Elevation Deter- mittee on Financial Services. mittee on Agriculture. minations — received April 19, 2004, pursuant 7746. A letter from the Assistant General 7723. A letter from the Secretary, Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on Counsel for Regulations, Department of ment of Homeland Security, transmitting a Financial Services. Housing and Urban Development, transmit- report of a violation of the Antideficiency 7735. A letter from the Acting General ting the Department’s final rule — FHA In- Act which occurred in the Coast Guard’s an- Counsel/FEMA, Department of Homeland Se- spector Roster [Docket No. FR-4720-F-02] nual Operating Expenses appropriation ac- curity, transmitting the Department’s final (RIN: 2502-AH76) received March 30, 2004, pur- counts, pursuant to 31 U.S.C. 1341; to the rule — List of Communities Eligible for the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Appropriations. Sale of Flood Insurance [Docket No. FEMA- mittee on Financial Services. 7724. A letter from the Principal Deputy 7770] received April 6, 2004, pursuant to 5 7747. A letter from the Assistant General Under Secretary of Defense, Department of U.S.C. 801(a)(1)(A); to the Committee on Fi- Counsel for Regulations, Department of Defense, transmitting Authorization of the nancial Services. Housing and Urban Development, transmit- enclosed list of officers to wear the insignia 7736. A letter from the Acting General ting the Department’s final rule — Eligi- of brigadier general in accordance with title Counsel, FEMA, Department of Homeland bility of Adjustable Rate Mortgages [Docket 10, , section 777; to the Security, transmitting the Department’s No. FR-4745-F-02] (RIN: 2502-AH84) received Committee on Armed Services. final rule — Suspension of Community Eligi- March 30, 2004, pursuant to 5 U.S.C.

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\L22AP7.000 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2369 801(a)(1)(A); to the Committee on Financial 7759. A letter from the Special Advisor to Section 73.202(b), Table of Allotments, FM Services. the Bureau Chief, Media Bureau, Federal Boradcast Stations. (Freer, Hebbronville, 7748. A letter from the Assistant General Communications Commission, transmitting and Orange Grove, Texas) [MB Docket No. Counsel for Regulations, Department of the Commission’s final rule — Amendment of 02-260; RM-10502; RM-10853] received April 19, Housing and Urban Development, transmit- Section 73.202(b), Table of Allotments, FM 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Home Eq- Broadcast Stations. (Crowell, Bonham, Committee on Energy and Commerce. uity Conversion Mortgage (HECM) Program; Bridgeport, Palestine, Ranger, Stephenville, 7768. A letter from the Senior Legal Advi- Insurance for Mortgages to Refinance Exist- Wellington, Texas; Apache, Ardmore, sor to the Bureau Chief, Media Bureau, Fed- ing HECM’s [Docket No. FR-4667-1-02] (RIN: Bennington, Cache, Elk City, Lawton, Okla- eral Communications Commission, transmit- 2502-AH63) received April 7, 2004, pursuant to homa) [MM Docket No. 01-293; RM-10302; RM- ting the Commission’s final rule — Amend- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- 10547] received April 19, 2004, pursuant to 5 ment of Section 73.202(b), FM Table of Allot- nancial Services. U.S.C. 801(a)(1)(A); to the Committee on En- ments, FM Broadcast Stations. (Fort Collins, 7749. A letter from the President and ergy and Commerce. Westcliffe and Wheat Ridge, Colorado) [MB Chairman, Export-Import Bank of the United 7760. A letter from the Special Advisor to Docket No. 03-57; RM-10565] received April 19, States, transmitting the annual report to the Chief, Media Bureau, Federal Commu- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Congress on the operations of the Export-Im- nications Commission, transmitting the Committee on Energy and Commerce. 7769. A letter from the Chief Financial Offi- port Bank of the United States for Fiscal Commission’s final rule — Amendment of cer, Federal Communications Commission, Year 2003, which includes an addendum con- Section 73.202(b), Table of Allotments, FM transmitting the Commission’s final rule — taining information (as required by the Ex- Broadcast Stations. (Clarksville, Texas and Amendment of Parts 0 and 1 of the Commis- Im Bank’s 2002 reauthorization) on the sta- Haworth, Oklahoma) [MM Docket No. 01-182; sion’s Rules; Implementation of the Debt tus of the Bank’s information technology RM-10202] received April 19, 2004, pursuant to Collection Improvement Act of 1996 and and small business outreach, pursuant to 12 5 U.S.C. 801(a)(1)(A); to the Committee on Adoption of Rules Governing Applications or U.S.C. 635g(a); to the Committee on Finan- Energy and Commerce. Requests for Benefits by Deliquent Debtors 7761. A letter from the Special Advisor to cial Services. [MD Docket No. 02-339] received April 19, 7750. A letter from the General Counsel, the Bureau Chief, Media Bureau, Federal 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the National Credit Union Administration, Communications Commission, transmitting Committee on Energy and Commerce. transmitting the Administration’s final rule the Commission’s final rule — Amendment of 7770. A letter from the Chairman, Nuclear — Prompt Corrective Action; Corporate Section 73.202(b), Table of Allotments, FM Regulatory Commission, transmitting in ac- Credit Unions; Credit Union Service Organi- Broadcast Stations. (Ash Fork, Chino Val- cordance with the provisions of Section 261 zations; Member Business Loans; Regulatory ley, Dolan Springs, Fredonia, Gilbert, Peach of the Atomic Energy Act of 1954 (42 U.S.C. Flexibility Program — received April 2, 2004, Springs, Seligman and Tusayan, Arizona, 2017), Section 305 of the Energy Reorganiza- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Moapa Valley, Nevada, and Beaver and Cedar tion Act of 1974 (42 U.S.C. 5875), and Section mittee on Financial Services. City, Utah) [MM Docket No. 02-12; RM-10356; 108 of the Inspector General Act of 1988 (31 7751. A letter from the General Counsel, RM-10551; RM-10553; RM-10554] received April U.S.C. 105(a)(25)), proposed legislation which National Credit Union Administration, 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to authorizes appropriations for FY 2003; to the transmitting the Administration’s final rule the Committee on Energy and Commerce. Committee on Energy and Commerce. — Share Insurance; Living Trust Accounts — 7762. A letter from the Special Advisor to 7771. A letter from the Assistant Secretary received April 7, 2004, pursuant to 5 U.S.C. the Bureau Chief, Media Bureau, Federal for Export Administration, Department of 801(a)(1)(A); to the Committee on Financial Communications Commission, transmitting Commerce, transmitting the Department’s Services. the Commission’s final rule — Amendment of final rule — Addition of Aruba, Netherlands 7752. A letter from the General Counsel, Section 73.202(b), Table of Allotments, FM Antilles, East Timor, and Democratic Repub- National Credit Union Administration, Broadcast Stations. (Sheffield, Texas) [MB lic of the Congo, and Update of Country transmitting the Administration’s final rule Docket No. 02-350; RM-10600] received April Names, in the Export Administration Regu- — Surety and Guaranty; Maximum Bor- 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to lations [Docket No. 040330104-4104-01] (RIN: rowing Authority — received April 7, 2004, the Committee on Energy and Commerce. 0694-AC83) received April 19, 2004, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7763. A letter from the Special Advisor to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Financial Services. the Bureau Chief, Media Bureau, Federal International Relations. 7753. A letter from the General Counsel, Communications Commission, transmitting 7772. A letter from the Assistant Secretary National Credit Union Administration, the Commission’s final rule — Amendment of for Legislative Affairs, Department of State, transmitting the Administration’s final rule Section 73.202(b), Table of Allotments, FM transmitting a report describing conditions — Organization and Operations of Federal Broadcast Stations. (Encinal, Texas) [MM in Hong Kong that are of interest to the Credit Unions — received April 7, 2004, pursu- Docket No. 01-152; RM-10168] received April United States, covering the period from ant to 5 U.S.C. 801(a)(1)(A); to the Committee 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to April 1, 2003, to March 31, 2004, pursuant to on Financial Services. the Committee on Energy and Commerce. Public Law 104—107, section 576; to the Com- 7754. A letter from the General Counsel, 7764. A letter from the Special Advisor to mittee on International Relations. National Credit Union Administration, the Bureau Chief, Media Bureau, Federal 7773. A letter from the Acting Assistant transmitting the Administration’s final rule Communications Commission, transmitting Administrator for Administration and Re- — Share Insurance and Appendix — received the Commission’s final rule — Amendment of sources Management, Environmental Protec- April 7, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); Section 73.202(b), Table of Allotments, FM tion Agency, transmitting a report pursuant to the Federal Vacancies Reform Act of 1998; to the Committee on Financial Services. Boradcast Stations. (Winnsboro and Annona, 7755. A letter from the General Counsel, to the Committee on Government Reform. Texas) [MM Docket No. 01-189; RM-10204] re- 7774. A letter from the Acting Assistant National Credit Union Administration, ceived April 19, 2004, pursuant to 5 U.S.C. Administrator for Administration and Re- transmitting the Administration’s final rule 801(a)(1)(A); to the Committee on Energy and sources Management, Environmental Protec- — Conversion of Insured Credit Unions to Commerce. tion Agency, transmitting a report pursuant Mutual Savings Banks — received April 7, 7765. A letter from the Senior Legal Advi- to the Federal Vacancies Reform Act of 1998; 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the sor to Chief, Media Bureau, Federal Commu- to the Committee on Government Reform. Committee on Financial Services. nications Commission, transmitting the 7775. A letter from the Acting Assistant 7756. A letter from the Assistant Secretary, Commission’s final rule — Amendment of Administrator for Administration and Re- Office of Vocational and Adult Education, Section 73.622(b), Table of Allotments, Dig- sources Management, Environmental Protec- Department of Education, transmitting the ital Television Broadcast Stations. (Nampa, tion Agency, transmitting a report pursuant Department’s final rule — Smaller Learning Idaho) [MM Docket No. 01-54; RM-9918] re- to the Federal Vacancies Reform Act of 1998; Communities Program (RIN: 1830-ZA04) re- ceived April 19, 2004, pursuant to 5 U.S.C. to the Committee on Government Reform. ceived April 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 7776. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Education Commerce. Administrator for Administration and Re- and the Workforce. 7766. A letter from the Senior Legal Advi- sources Management, Environmental Protec- 7757. A letter from the Secretary, Depart- sor, Chief Media Bureau, Federal Commu- tion Agency, transmitting a report pursuant ment of Energy, transmitting the Depart- nications Commission, transmitting the to the Federal Vacancies Reform Act of 1998; ment’s Annual Report on Federal Govern- Commission’s final rule — Amendment of to the Committee on Government Reform. ment Energy Management and Conservation Section 76.51 Of the Commission’s Rules To 7777. A letter from the Acting Assistant Programs during Fiscal Year 2001, pursuant Include Merced and Porterville, California in Administrator for Administration and Re- to 42 U.S.C. 6361(c); to the Committee on En- the Fresno-Visalia-Hanford Clovis Television sources Management, Environmental Protec- ergy and Commerce. Market [CS Docket No. 00-1] received April tion Agency, transmitting a report pursuant 7758. A letter from the Secretary, Depart- 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to to the Federal Vacancies Reform Act of 1998; ment of Energy, transmitting draft of pro- the Committee on Energy and Commerce. to the Committee on Government Reform. posed legislation ‘‘To reclassify fees paid 7767. A letter from the Senior Legal Advi- 7778. A letter from the Acting Assistant into the Nuclear Waste Fund as offsetting sor to the Chief, Media Bureau, Federal Com- Administrator for Administration and Re- collections, and for other purposes’’; to the munications Commission, transmitting the sources Management, Environmental Protec- Committee on Energy and Commerce. Commission’s final rule — Amendment of tion Agency, transmitting a report pursuant

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\L22AP7.000 H22PT1 H2370 CONGRESSIONAL RECORD — HOUSE April 22, 2004 to the Federal Vacancies Reform Act of 1998; 25] (RIN: 2120-AA64) received April 15, 2004, Annual Report of the Federal Maritime Com- to the Committee on Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mission for fiscal year 2003, pursuant to 46 7779. A letter from the Chairman, Ten- mittee on Transportation and Infrastruc- U.S.C. app. 1118; to the Committee on Trans- nessee Valley Authority, transmitting the ture. portation and Infrastructure. Authority’s Annual Performance Report for 7789. A letter from the Program Analyst, 7798. A letter from the Chairman, Federal FY 2003, in accordance with the require- FAA, Department of Transportation, trans- Maritime Commission, transmitting the ments of the Government Performance and mitting the Department’s final rule — Air- Commission’s final rule — Optional Rider for Results Act of 1993; to the Committee on worthiness Directives; Lycoming Engines Proof of Additional NVOCC Financial Re- Government Reform. (Formerly Testron Lycoming) AEIO-540, 10- sponsibility [Docket No. 04-02] received April 7780. A letter from the Administrator, Fed- 540, LTIO-540, O-540, and TIO-540 Series Re- 13, 1004, pursuant to 5 U.S.C. 801(a)(1)(A); to eral Aviation Administration, transmitting ciprocating Engines [Docket No. 2002-NE-31- the Committee on Transportation and Infra- Progress of the aircraft cabin air quality ac- AD; Amendment 39-13519; AD 2004-05-24] (RIN: structure. tivities, pursuant to 49 U.S.C. 40101nt; to the 2120-AA64) received April 15, 2004, pursuant 7799. A letter from the Chairman, Surface Committee on Transportation and Infra- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation Board, transmitting the structure. Transportation and Infrastructure. Board’s final rule — Regulations Governing 7781. A letter from the Assistant Secretary, 7790. A letter from the Program Analyst, Fees for Service Performed in Connection Occupational Safety and Health Administra- FAA, Department of Transportation, trans- with Licensing and Related Services-2002 tion, Department of Labor, transmitting the mitting the Department’s final rule — Air- New Fees — received April 13, 2004, pursuant Department’s final rule — Procedures for the worthiness Directives; The Lancair Company to 5 U.S.C. 801(a)(1)(A); to the Committee on Handling of Discrimination Complaints Models LC40-550FG and LC42-550FG Air- Transportation and Infrastructure. under Section 6 of the Pipeline Safety Im- planes [Docket No. 2004-CE-07-AD; Amend- 7800. A letter from the Chairman, Surface provement Act of 2002 (RIN: 1218-AC12) re- ment 39-13535; AD 2004-06-09] (RIN: 2120-AA64) Transportation Board, transmitting the ceived April 15, 2004, pursuant to 5 U.S.C. received April 15, 2004, pursuant to 5 U.S.C. Board’s final rule — Electronic Filing Option 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- for Certain Documents — received April 19, tation and Infrastructure. tation and Infrastructure. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7782. A letter from the Program Analyst, 7791. A letter from the Program Analyst, Committee on Transportation and Infra- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- structure. mitting the Department’s final rule — IFR mitting the Department’s final rule — Air- 7801. A letter from the Acting Director, Altitudes; Miscellaneous Amendment [Dock- worthiness Directives; Airbus Model A318, NIST, Department of Commerce, transmit- et No. 30407; Amdt. No. 447] received April 19, A319, A320, and A321 Series Airplanes [Dock- ting the Department’s final rule — Profes- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the et No. 2004-NM-43-AD; Amendment 39-13546; sional Research Experience Program Committee on Transportation and Infra- AD 2004-07-02] (RIN: 2120-AA64) received April (PREP); Availability of Funds [Docket No.: structure. 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 040318097-4097-01] (RIN: 0693-ZA57) received 7783. A letter from the Paralegal Spe- the Committee on Transportation and Infra- April 7, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); cialist, FAA, Department of Transportation, structure. to the Committee on Science. transmitting the Department’s final rule — 7792. A letter from the Program Analyst, 7802. A letter from the Acting Director, Modification of Class E Airspace; Benton, FAA, Department of Transportation, trans- NIST, Department of Commerce, transmit- mitting the Department’s final rule — Air- KS. [Docket No. FAA-2003-16756; Airspace ting the Department’s final rule — Small worthiness Directives; Dassault Model Docket No. 03-ACE-94] received April 6, 2004, Grant Programs; Availability of Funds Mystere-Falcon 50 Series Airplanes [Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No.:040205042-4042-01] (RIN: 0693- No. 2002-NM-232-AD; Amendment 39-13547; AD mittee on Transportation and Infrastruc- ZA54) received March 25, 2004, pursuant to 5 2004-07-03] (RIN: 2120-AA64) received April 15, ture. U.S.C. 801(a)(1)(A); to the Committee on 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7784. A letter from the Program Analyst, Science. Committee on Transportation and Infra- FAA, Department of Transportation, trans- 7803. A letter from the Assistant Adminis- structure. mitting the Department’s final rule — Man- 7793. A letter from the Program Analyst, trator for Procurement, National Aero- ual Requirements in Part 135; Correction FAA, Department of Transportation, trans- nautics and Space Administration, transmit- [Docket No. FAA-2004-17119] received April mitting the Department’s final rule — Air- ting the Administration’s final rule — 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; BAE Systems (Oper- Gavernment Property — Instructions for the Committee on Transportation and Infra- ations) Limited (Jetstram) Model 4101 Air- Preparing NASA Form 1018 (RIN: 2700-AC73) structure. planes [Docket No. 2002-NM-63-AD; Amend- received April 13, 2004, pursuant to 5 U.S.C. 7785. A letter from the Program Analyst, ment 39-13543; AD 2004-06-17] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Science. FAA, Department of Transportation, trans- received April 15, 2004, pursuant to 5 U.S.C. 7804. A letter from the Assistant Adminis- mitting the Department’s final rule — Anti- 801(a)(1)(A); to the Committee on Transpor- trator for Procurement, National Aero- drug and Alcohol Misuse Prevention Pro- tation and Infrastructure. nautics and Space Administration, transmit- grams for Personnel Engaged in Specified 7794. A letter from the Program Analyst, ting the Administration’s final rule — NASA Aviation Activities [Docket No. FAA-2002- FAA, Department of Transportation, trans- Grant and Coorperative Agreement Hand- 11301; Notice No. 04-05] received April 15, 2004, mitting the Department’s final rule — Air- book — Grant and Cooperative Agreement pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Dornier Model 328-100 Announcement Numbering (RIN: 2700-AC98) mittee on Transportation and Infrastruc- Series Airplanes [Docket No. 2002-NM-300- received April 13, 2004, pursuant to 5 U.S.C. ture. AD; Amendment 39-13542; AD 2004-06-16] (RIN: 801(a)(1)(A); to the Committee on Science. 7786. A letter from the Program Analyst, 2120-AA64) received April 15, 2004, pursuant 7805. A letter from the Assistant Adminis- FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on trator for Procurement, National Aero- mitting the Department’s final rule — Transportation and Infrastructure. nautics and Space Administration, transmit- Standard Instrument Approach Procedures; 7795. A letter from the Program Analyst, ting the Administration’s final rule — Per- Miscellaneous Amendments [Docket No. FAA, Department of Transportation, trans- formance Period Limitations (RIN: 2700- 30405; Amdt. No. 3090] received April 15, 2004, mitting the Department’s final rule — Con- AC94) received April 6, 2004, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- struction or Alteration in the Vicinity of the U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- Private Residence of the President of the Science. ture. United States [Docket No. FAA-2003-14972; 7806. A letter from the Deputy Assistant 7787. A letter from the Program Analyst, Special Federal Aviation Regulation No. 98] Administrator, OAR, National Oceanic and FAA, Department of Transportation, trans- (RIN: 2120-AH83) received February 23, 2004, Atmospheric Administration, transmitting mitting the Department’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Administration’s final rule — NOAA Cli- Standard Instrument Approach Procedures; mittee on Transportation and Infrastruc- mate and Global Change Program, FY 2005 Miscellaneous Amendment [Docket No. 30406; ture. Program Announcement [Docket No. Amdt. No. 3091] received April 15, 2004, pursu- 7796. A letter from the Senior Attorney, 000616180-4095-08] (RIN: 0648-ZA91) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee RSPA, Department of Transportation, trans- April 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); on Transportation and Infrastructure. mitting the Department’s final rule — to the Committee on Science. 7788. A letter from the Program Analyst, Harmoniation with the United Nations Rec- 7807. A letter from the Secretary, Depart- FAA, Department of Transportation, trans- ommendations, International Maritime Dan- ment of Labor, transmitting the first report mitting the Department’s final rule — Air- gerous Goods Code, and International C ivil of the President’s National Hire Veterans worthiness Directives; McDonnell Douglas Aviation Organization’s Technical Instruc- Committee, pursuant to 38 U.S.C. 4100 Note; Model DC-9-14, DC-9-15, and DC-9-15F Air- tions [Docket No. RSPA-03-13658(HM-215E)] to the Committee on Veterans’ Affairs. planes; Model DC-9-20, -30, -40, and -50 Series (RIN: 2137-AD41) received April 19, 2004, pur- 7808. A letter from the Secretary, Depart- Airplanes; and Model DC-9-81 (MD-81), DC-9- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of State, transmitting the 2003 Annual 82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), mittee on Transportation and Infrastruc- Report on United Nations voting practices, MD-88, and MD-90-30 Airplanes [Docket No. ture. pursuant to 22 U.S.C. 2414a; jointly to the FAA-2003-16647; Directorate Docket No. 2002- 7797. A letter from the Chairman, Federal Committees on International Relations and NM-203-AD; Amendment 39-13520; AD 2004-05- Maritime Commission, transmitting the 42nd Appropriations.

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\L22AP7.000 H22PT1 April 22, 2004 CONGRESSIONAL RECORD — HOUSE H2371 REPORTS OF COMMITTEES ON By Mr. HUNTER (for himself and Mr. MENENDEZ, Mr. MICHAUD, Ms. PUBLIC BILLS AND RESOLUTIONS SKELTON) (both by request): MILLENDER-MCDONALD, Mr. GEORGE H.R. 4200. A bill to authorize appropria- MILLER of California, Mr. MOLLOHAN, Under clause 2 of rule XIII, reports of tions for fiscal year 2005 for military activi- Mr. MOORE, Mr. MORAN of Virginia, committees were delivered to the Clerk ties of the Department of Defense, to pre- Mrs. NAPOLITANO, Mr. NEAL of Massa- for printing and reference to the proper scribe military personnel strengths for fiscal chusetts, Ms. NORTON, Mr. OBERSTAR, calendar, as follows: year 2005, and for other purposes; to the Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. YOUNG of Alaska: Committee on Committee on Armed Services. Mr. PASCRELL, Mr. PASTOR, Mr. Transportation and Infrastructure. House By Mr. BONNER: PAYNE, Ms. PELOSI, Mr. PRICE of H.R. 4201. A bill to suspend temporarily the 388. Resolution au- North Carolina, Mr. RANGEL, Mr. duty on Tetrakis ((2,4-di-tert- thorizing the use of the Capitol Grounds for RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. butylphenyl)4,4-biphenylenediphonite); to the National Peace Officers’ Memorial Serv- ROTHMAN, Ms. ROYBAL-ALLARD, Mr. the Committee on Ways and Means. RUPPERSBERGER, Mr. RUSH, Mr. SABO, ice (Rept. 108–467). Referred to the House Cal- By Mr. BOUCHER (for himself, Mr. endar. Mr. SANDERS, Ms. LORETTA SANCHEZ MORAN of Virginia, and Mr. TOM Mr. YOUNG of Alaska: Committee on of California, Mr. SANDLIN, Ms. DAVIS of Virginia): Transportation and Infrastructure. House SCHAKOWSKY, Mr. SERRANO, Mr. H.R. 4202. A bill to designate additional SHAYS, Mr. SHERMAN, Mr. SIMMONS, Concurrent Resolution 389. Resolution au- National Forest System lands in the State of thorizing the use of the Capitol Grounds for Mr. SKELTON, Ms. SLAUGHTER, Mr. Virginia as wilderness, to establish the Seng SMITH of Washington, Mr. SNYDER, the D.C. Special Olympics Law Enforcement Mountain and Crawfish Valley Scenic Areas, Torch Run (Rept. 108–468). Referred to the Ms. SOLIS, Mr. SPRATT, Mr. STARK, to provide for the development of trail plans Mr. STRICKLAND, Mr. STUPAK, Mrs. House Calendar. for the wilderness areas and scenic areas, Mr. YOUNG of Alaska: Committee on TAUSCHER, Mr. THOMPSON of Cali- and for other purposes; to the Committee on fornia, Mr. THOMPSON of Mississippi, Transportation and Infrastructure. House Agriculture, and in addition to the Com- Concurrent Resolution 376. Resolution au- Mr. TIERNEY, Mr. TOWNS, Mr. UDALL mittee on Resources, for a period to be sub- of Colorado, Mr. UDALL of New Mex- thorizing the use of the Capitol Grounds for sequently determined by the Speaker, in the Greater Washington Soap Box Derby ico, Mr. VAN HOLLEN, Ms. VELAZQUEZ, each case for consideration of such provi- Mr. VISCLOSKY, Mr. WALSH, Ms. WAT- (Rept. 108–469). Referred to the House Cal- sions as fall within the jurisdiction of the endar. SON, Mr. WAXMAN, Ms. WOOLSEY, Mr. committee concerned. WU, and Mr. WYNN): f By Mr. COBLE: H.R. 4204. A bill to provide Federal assist- H.R. 4203. A bill to suspend temporarily the PUBLIC BILLS AND RESOLUTIONS ance to States and local jurisdictions to duty on nitrocellulose; to the Committee on prosecute hate crimes, and for other pur- Under clause 2 of rule XII, public Ways and Means. poses; to the Committee on the Judiciary. bills and resolutions were introduced By Mr. CONYERS (for himself, Mr. By Mr. COX: and severally referred, as follows: BERMAN, Mr. NADLER, Mr. WATT, Ms. H.R. 4205. A bill to amend the Internal Rev- LOFGREN, Ms. JACKSON-LEE of Texas, By Mr. ISTOOK: enue Code of 1986 to allow a credit for the in- Ms. WATERS, Mr. MEEHAN, Mr. H.R. 4193. A bill to amend the Internal Rev- stallation of hydrogen fueling stations; to DELAHUNT, Mr. WEXLER, Ms. BALD- enue Code of 1986 to allow for the expansion the Committee on Ways and Means. WIN, Mr. WEINER, Mr. SCHIFF, Ms. of areas designated as renewal communities By Mr. CUNNINGHAM (for himself, Mr. LINDA T. SANCHEZ of California, Mr. based on 2000 census data and to treat cer- MARKEY, Mr. MATSUI, and Mr. LEWIS ABERCROMBIE, Mr. ACKERMAN, Mr. tain census tracts with low populations as of California): ALLEN, Mr. ANDREWS, Mr. BACA, Mr. H.R. 4206. A bill to provide for various en- low-income communities for purposes of the BAIRD, Mr. BECERRA, Mr. BELL, Ms. ergy efficiency programs and tax incentives, new markets tax credit; to the Committee on BERKLEY, Mr. BISHOP of Georgia, Mr. and for other purposes; to the Committee on Ways and Means. BISHOP of New York, Mr. Energy and Commerce, and in addition to By Mrs. CUBIN: the Committees on Ways and Means, and Fi- H.R. 4194. A bill to reduce temporarily the BLUMENAUER, Mrs. BONO, Mr. BOS- nancial Services, for a period to be subse- royalty required to be paid for sodium pro- WELL, Mr. BRADY of Pennsylvania, quently determined by the Speaker, in each duced on Federal lands, and for other pur- Ms. CORRINE BROWN of Florida, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. case for consideration of such provisions as poses; to the Committee on Resources. fall within the jurisdiction of the committee By Mr. MENENDEZ (for himself, Mr. CAPUANO, Mr. CARDIN, Ms. CARSON of Indiana, Mr. CASE, Mrs. CHRISTENSEN, concerned. HOLT, Mr. PALLONE, Mr. ANDREWS, Mr. CLAY, Mr. COOPER, Mr. CROWLEY, By Ms. DELAURO (for herself, Mr. Mr. PASCRELL, Mr. ROTHMAN, and Mr. Mr. CUMMINGS, Mr. DAVIS of Ala- OBERSTAR, Mr. RANGEL, Mr. SANDERS, PAYNE): Mr. EMANUEL, Mr. LYNCH, Mr. LEVIN, H.R. 4195. A bill to amend part D of title bama, Mr. DAVIS of Illinois, Mr. Ms. LEE, Mr. BRADY of Pennsylvania, XVIII of the Social Security Act to improve DAVIS of Florida, Mrs. DAVIS of Cali- Ms. SCHAKOWSKY, Mr. FORD, Ms. WA- the coordination of prescription drug cov- fornia, Mr. DEFAZIO, Ms. DEGETTE, TERS, Ms. MILLENDER-MCDONALD, Mr. erage provided under retiree plans and State Ms. DELAURO, Mr. DEUTSCH, Mr. RODRIGUEZ, Mr. ETHERIDGE, Mr. pharmaceutical assistance programs with DICKS, Mr. DINGELL, Mr. DOGGETT, FRANK of Massachusetts, Mr. CON- the prescription drug benefit provided under Mr. DOYLE, Mr. EMANUEL, Mr. ENGEL, YERS, Ms. BALDWIN, Ms. CARSON of In- the Medicare Program, and for other pur- Ms. ESHOO, Mr. EVANS, Mr. diana, Mr. FROST, Ms. SOLIS, Mr. poses; to the Committee on Energy and Com- FALEOMAVAEGA, Mr. FARR, Mr. MICHAUD, Mr. SERRANO, Mr. BISHOP of merce, and in addition to the Committee on FATTAH, Mr. FILNER, Mr. FOLEY, Mr. New York, Mr. MCGOVERN, Mr. Ways and Means, for a period to be subse- FORD, Mr. FRANK of Massachusetts, HOEFFEL, Mr. BERMAN, Mr. MAR- quently determined by the Speaker, in each Mr. FROST, Mr. GEPHARDT, Mr. GON- SHALL, Mr. OWENS, Ms. WOOLSEY, Mr. case for consideration of such provisions as ZALEZ, Mr. GRIJALVA, Mr. GUTIERREZ, VAN HOLLEN, Mr. CROWLEY, and Ms. fall within the jurisdiction of the committee Ms. HARMAN, Mr. HASTINGS of Flor- SLAUGHTER): concerned. ida, Mr. HINCHEY, Mr. HOEFFEL, Mr. HOLT, Mr. HONDA, Mr. HOYER, Mr. H.R. 4207. A bill to amend the Internal Rev- By Mr. KIRK: enue Code of 1986 to increase the INSLEE, Mr. ISRAEL, Mr. JACKSON of H.R. 4196. A bill to authorize the convey- refundability of the child tax credit; to the Illinois, Mr. JEFFERSON, Ms. EDDIE ance of certain environmentally sensitive Committee on Ways and Means. BERNICE JOHNSON of Texas, Mrs. land at former Fort Sheridan, Illinois, for By Mr. FRANK of Massachusetts: JOHNSON of Connecticut, Mrs. JONES the purpose of ensuring the permanent pro- H.R. 4208. A bill to discourage the abuse of of Ohio, Ms. KAPTUR, Mr. KENNEDY of tection of the lands; to the Committee on stock options by executives of public compa- Armed Services. Rhode Island, Mr. KILDEE, Mr. KIND, nies by preventing unjust enrichment By Mr. BONNER: Mr. KLECZKA, Mr. KOLBE, Mr. through the recapture of profits when share- H.R. 4197. A bill to suspend temporarily the KUCINICH, Mr. LAMPSON, Mr. holders suffer losses; to the Committee on duty on othro nitro aniline; to the Com- LANGEVIN, Mr. LANTOS, Mr. LARSEN Financial Services. mittee on Ways and Means. of Washington, Mr. LARSON of Con- By Ms. GRANGER: By Mr. BONNER: necticut, Mr. LEACH, Ms. LEE, Mr. H.R. 4209. A bill to amend the Internal Rev- H.R. 4198. A bill to suspend temporarily the LEVIN, Mr. LEWIS of Georgia, Mr. enue Code of 1986 to allow a credit for the duty on Bis (2,2,6,6,-tetramethyl-4-piperidyl) LOBIONDO, Mrs. LOWEY, Mr. LYNCH, purchase of idling reduction systems for die- sebaceate; to the Committee on Ways and Ms. MAJETTE, Mrs. MCCARTHY of New sel-powered on-highway vehicles; to the Means. York, Ms. MCCARTHY of Missouri, Ms. Committee on Ways and Means. By Mr. BONNER: MCCOLLUM, Mr. MCDERMOTT, Mr. By Mr. LOBIONDO (for himself and Mr. H.R. 4199. A bill to suspend temporarily the MCGOVERN, Mr. MCNULTY, Mrs. ALLEN): duty on 2,5-thiophenediybis(5-tert-butyl-1,3- MALONEY, Mr. MARKEY, Mr. MATHE- H.R. 4210. A bill to amend the Farm Credit benzoxazole); to the Committee on Ways and SON, Mr. MATSUI, Mr. MEEK of Flor- Act of 1971 to support the commercial fishing Means. ida, Mr. MEEKS of New York, Mr. industry; to the Committee on Agriculture.

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.030 H22PT1 H2372 CONGRESSIONAL RECORD — HOUSE April 22, 2004 By Mr. PALLONE: children, supporting loving families in all of surveillance BSE testing program for the H.R. 4211. A bill to amend the Health Care their relationship forms, and celebrating the state or the to the Committee on Agri- Quality Improvement Act of 1986 to expand March for Women’s Lives in which individ- culture. the National Practitioner Data Bank; to the uals make their voices heard through collec- 298. Also, a memorial of the Legislature of Committee on Energy and Commerce. tive pro-choice power; to the Committee on the State of Idaho, relative to Senate Joint By Mr. SCHIFF: the Judiciary. Memorial No. 105 memorializing the United H.R. 4212. A bill to promote the national By Mr. SCHIFF (for himself, Mr. BOEH- States Congress to give strong consideration security of the United States by facilitating LERT, Mr. VAN HOLLEN, Mr. to both increasing the current mission and the removal of potential nuclear weapons CULBERSON, Ms. JACKSON-LEE of adding additional missions to Mountain materials from vulnerable sites around the Texas, Mr. GRIJALVA, Mr. EVANS, Mr. Home Air Force Base; to the Committee on world, and for other purposes; to the Com- CARDOZA, Ms. LEE, Mr. ENGLISH, Mr. Armed Services. mittee on International Relations. MARKEY, Mr. DEFAZIO, Mr. SHERMAN, 299. Also, a memorial of the Legislature of By Mr. SIMMONS (for himself, Mrs. Mr. SMITH of Michigan, Mr. FARR, the State of Washington, relative to En- JOHNSON of Connecticut, Mr. SHAYS, Mr. HALL, Mr. HOLT, Mrs. TAUSCHER, grossed Senate Joint Memorial No. 8039 me- Ms. DELAURO, and Mr. LARSON of Mr. BOUCHER, Mr. ALLEN, Mr. CROW- morializing the President of the United Connecticut): LEY, Mr. MCDERMOTT, Ms. LOFGREN, States, the Congress, and the Department of Defense to recognize the strategic impor- H.R. 4213. A bill to provide uniform criteria Mr. BOSWELL, Mr. HINOJOSA, Mr. tance of Washington State’s military bases for the administrative acknowledgment and HASTINGS of Florida, Ms. EDDIE BER- to our nation’s security and not make them recognition of Indian tribes, and for other NICE JOHNSON of Texas, Mr. FILNER, victims of this round of the Base Realign- purposes; to the Committee on Resources. Mr. KIND, Mr. KENNEDY of Rhode Is- ment and Closure process; to the Committee By Mr. SMITH of New Jersey (for him- land, Mr. UDALL of New Mexico, Ms. on Armed Services. self and Mr. FERGUSON): WOOLSEY, Mr. BRADY of Pennsyl- H.R. 4214. A bill to require a report on acts 300. Also, a memorial of the Legislature of vania, Mr. ABERCROMBIE, Ms. HART, of anti-Semitism around the world; to the the State of Idaho, relative to Senate Joint Mr. MCNULTY, and Mr. SERRANO): Memorial No. 106 notifying the United States Committee on International Relations. H. Res. 604. A resolution establishing the Congress that the is com- By Ms. VELAZQUEZ (for herself, Mr. Congressional Science Competition for con- mitted to maintaining the states as sole reg- ACEVEDO-VILA, Mr. GUTIERREZ, and ducting academic competitions in the ulators of the business of insurance, and con- Ms. LEE): sciences among high school students in Con- tinue to support state efforts to streamline, H.R. 4215. A bill to amend the Public gressional districts, and for other purposes; simplify and modernize insurance regula- Health Service Act to prohibit discrimina- to the Committee on House Administration. tion; to the Committee on Financial Serv- tion regarding exposure to hazardous sub- By Mr. TIERNEY (for himself, Mr. stances, and for other purposes; to the Com- ices. ABERCROMBIE, Ms. BERKLEY, Mr. BOS- mittee on Energy and Commerce. 301. Also, a memorial of the Legislature of WELL, Mr. BURTON of Indiana, Mr. By Mr. VITTER: the State of Idaho, relative to House Joint CASE, Mr. DELAHUNT, Mr. DOGGETT, H.R. 4216. A bill to amend the Internal Rev- Resolution No. 20 notifying the United Mr. HINCHEY, Ms. JACKSON-LEE of enue Code of 1986 to provide a refundable States Congress of the Idaho Legislature’s Texas, Mr. KENNEDY of Rhode Island, credit of $500 to public safety volunteers; to committment to maintaining the role of the Mr. KIND, Ms. LEE, Mrs. MALONEY, the Committee on Ways and Means. states in enforcement of consumer protec- Mr. MOORE, Mrs. MCCARTHY of New By Mr. WILSON of South Carolina (for tion laws and in dual regulation of financial York, Mr. PICKERING, Mr. SANDLIN, himself, Mr. BARTLETT of Maryland, institutions, and it opposes any federal rule Mr. SCHIFF, Mr. SMITH of New Jersey, Mr. JOHN, Mr. ALEXANDER, Mr. CASE, that undermines this state authority, includ- Mr. TURNER of Texas, Mr. VAN Mr. JEFFERSON, Mr. GREEN of Wis- ing the OCC’s rules preempting state con- HOLLEN, Mr. WAXMAN, Mr. WELDON of consin, Mr. BLUMENAUER, Mr. BAKER, sumer protection laws and enforcement that Pennsylvania, Ms. LOFGREN, Mr. Mr. DEFAZIO, Mr. WALDEN of Oregon, apply to national banks, their operating sub- STARK, and Mr. TERRY): Mrs. CAPITO, Mr. MCCRERY, and Mr. sidiaries and agents; to the Committee on H. Res. 605. A resolution recognizing the Financial Services. YOUNG of Alaska): importance of increasing awareness of au- H.R. 4217. A bill to amend title 32, United 302. Also, a memorial of the Legislature of tism, supporting programs for increased re- States Code, to rename the National Guard the State of Idaho, relative to Senate Joint search and improved treatment of autism, Challenge Program as the National Guard Memorial No. 108 memorializing the United improving training and support for individ- Youth Challenge Program, to increase the States Congress to support amendments to uals with autism and those who care for indi- maximum Federal share of the costs of State the No Child Left Behind Act that will allow viduals with autism, and for other purposes; programs under the National Youth Guard determinations of ‘‘adequate yearly to the Committee on Energy and Commerce, Challenge Program, and for other purposes; progress’’ to be made on the basis of indi- and in addition to the Committee on Edu- to the Committee on Armed Services. vidual student growth from year to year; cation and the Workforce, for a period to be target options for choice & supplemental By Ms. LEE (for herself, Mr. SHAYS, subsequently determined by the Speaker, in services to specific subgroups that fail to Ms. JACKSON-LEE of Texas, Mrs. each case for consideration of such provi- make adequate yearly progress ; provide JONES of Ohio, Mr. WAXMAN, Mrs. sions as fall within the jurisdiction of the flexibility & more reasonable rules for MALONEY, Mrs. CHRISTENSEN, Ms. committee concerned. English Language Learners; & permit states MILLENDER-MCDONALD, Mr. TIERNEY, By Mr. WELLER: to identify those schools that fail to meet Ms. NORTON, Mr. DAVIS of Illinois, H. Res. 606. A resolution commending Kan- adequate yearly progress for two consecutive Mr. RANGEL, Mr. GRIJALVA, Mr. kakee County, the Kankakee River Basin years in the same subject to the Committee LEWIS of Georgia, Ms. WATSON, Mr. Partnership, the Illinois Department of Nat- on Education and the Workforce. MORAN of Virginia, Ms. EDDIE BER- ural Resources (IDNR), The Nature Conser- 303. Also, a memorial of the House of Dele- NICE JOHNSON of Texas, Mr. SANDERS, vancy (TNC), the Illinois Clean Energy Com- gates of the State of West Virginia, relative Mr. HOEFFEL, Mr. PAYNE, Ms. BERK- munity Foundation, and local citizens for to House Resolution No. 6 memorializing the LEY, Mr. CONYERS, Mr. MCDERMOTT, their work in preserving the Kankakee President and Congress of the United States Ms. WATERS, Ms. BALDWIN, Mr. Sands Ecosystem in Kankakee County, Illi- to amend the No Child Left Behind Act to in- GREENWOOD, Mr. MEEKS of New York, nois; to the Committee on Resources. clude a mechanism for a waiver from its pro- Ms. SLAUGHTER, Ms. HARMAN, Mr. f visions for school accountability that shall BRADY of Pennsylvania, Mr. FROST, automatically be granted to states such as Mr. CROWLEY, Ms. MCCARTHY of Mis- MEMORIALS West Virginia that have successfully in- souri, Mr. CUMMINGS, Mrs. LOWEY, creased student achievement through their Ms. MCCOLLUM, Ms. KILPATRICK, Mr. Under clause 3 of rule XII, memorials were presented and referred as follows: own standards and accountability reforms; VAN HOLLEN, Mr. FARR, Ms. WOOL- to the Committee on Education and the SEY, Mr. ABERCROMBIE, Ms. CARSON of 297. The SPEAKER presented a memorial Workforce. Indiana, Mr. GONZALEZ, Mr. MEEK of of the Legislature of the State of Wash- 304. Also, a memorial of the Legislature of Florida, Mr. STARK, Mr. WEINER, Mr. ington, relative to Engrossed Senate Joint the State of Idaho, relative to House Joint HINCHEY, Ms. SCHAKOWSKY, Mrs. Memorial No. 8050 memorializing the U.S. Resolution No. 17 memorializing the United DAVIS of California, Ms. LINDA T. Congress and the Dept. of Agriculture be States Congress to amend Section SANCHEZ of California, and Mr. fully aware of the current expertise that ex- 1917(b)(1)(C) of the Social Security Act (49 WYNN): ists as the Washington Animal Disease Diag- Stat. 620, 42 U.S.C. 1396p(b)(1)(C)) by deleting H. Res. 603. A resolution commending the nostic Laboratory & College of Veterinary May 14, 1993 as the deadline for approval by marchers, expressing the belief that each in- Medicine at Washington State University states of long-term care partnership plans; dividual has the right to manage his or her and the head start this institution has to ful- to the Committee on Energy and Commerce. own fertility, recognizing that the expres- fill needs on projects related to TSEs includ- 305. Also, a memorial of the Legislature of sion of sexuality is a lifelong aspect of ing an ability to develop a BSE test for live the State of Maine, relative to H.P. 1442 human development, trusting individuals to cattle; conduct an itemized list of enhanced Joint Resolution memorializing the Presi- make responsible choices related to having TSE research projects; or administer a quick dent, Congress, and the Postal Service of the

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United States to maintain current levels of mittees on Armed Services and Veterans’ Af- H.R. 1762: Mr. KLECZKA. service; to the Committee on Government fairs. H.R. 1769: Mr. BISHOP of New York. Reform. 315. Also, a memorial of the Legislature of H.R. 1871: Mr. HOEFFEL. 306. Also, a memorial of the Legislature of the State of Idaho, relative to Senate Joint H.R. 1873: Mr. MORAN of Virgina. the State of Idaho, relative to House Joint Memorial No. 110 memorializing the congres- H.R. 1919: Mr. SAXTON and Mr. DEFAZIO. Resolution No. 27 memorializing the United sional delegation representing the state of H.R. 2011: Mr. HOYER. States Government to conduct salmon sur- Idaho to work toward enactment of the H.R. 2157: Mr. HOBSON and Mr. SANDERS. vival evaluations in the 2004 spill year, the Clearwater Basin Project Act; jointly to the H.R. 2181: Mr. UPTON. goal of which should be to determine if it is Committees on Resources and Agriculture. H.R. 2201: Mr. UDALL of New Mexico. possible to achieve the same or greater lev- 316. Also, a memorial of the Legislature of H.R. 2217: Mrs. DAVIS of California. els of survival and biological benefit to mi- the State of Idaho, relative to Senate Joint H.R. 2227: Mr. HINOJOSA. grating fish as is currently achieved while Memorial No. 107 memorializing the United H.R. 2265: Mr. HERGER. reducing the amount of water spilled, thus States Congress to preserve access to, and H.R. 2394: Mr. HILL and Mr. CHANDLER. decreasing the adverse impacts on the re- the historic use of, backcountry airstrips by H.R. 2494: Mr. LEACH. gion’s power supply; to the Committee on introducing into Congress legislation which H.R. 2525: Mr. DOOLEY of California, Mr. Resources. will preserve backcountry landing strips on HINJOSA, and Ms. JACKSON-LEE of Texas. 307. Also, a memorial of the House of Rep- currently-owned federal lands and any future H.R. 2527: Mr. PASCRELL. resentatives of the Commonwealth of Penn- federal acquisition of lands; jointly to the H.R. 2536: Mr. GRIJALVA. sylvania, relative to House Resolution No. Committees on Resources, Agriculture, and H.R. 2621: Mr. MCDERMOTT. 579 memorializing the President of the Transportation and Infrastructure. H.R. 2699: Mr. PORTMAN, Mr. EHLERS, Mr. United States and the Pennsylvania Congres- GUTKNECHT, Mr. BOEHLERT, Mr. WYNN, Mr. sional Delegation to do all in their power to f ROSS, and Mr. EMANUEL. encourage the United States Department of ADDITIONAL SPONSORS H.R. 2711: Mr. OTTER. Justice to review its September 11, 2002, re- H.R. 2735: Ms. SCHAKOWSKY and Mrs. fusal to classify Christopher Kangas as a Under clause 7 of rule XII, sponsors NORTHUP. ‘‘public safety officer’’ under the Public were added to public bills and resolu- H.R. 2828: Ms. GINNY BROWN-WAITE of Flor- Safety Benefits Act of 1976; to the Com- tions as follows: ida. mittee on the Judiciary. H.R. 2941: Mr. BACA. H.R. 97: Mr. PALLONE, Mr. SANDLIN, Mr. 308. Also, a memorial of the Legislature of H.R. 2952: Mr. MOORE. PAYNE, and Mr. BRADLEY of New Hampshire. the State of Idaho, relative to Senate Joint H.R. 2959: Mr. FRANK of Massachusetts, Mr. H.R. 121: Mr. VAN HOLLEN. Memorial No. 109 commending the United BOYD, and Ms. PRYCE of Ohio. H.R. 300: Mr. KLINE, Mr. BURNS, and Mr. States Congress for its efforts to date to in- H.R. 3004: Mr. HOLT. KINGSTON. crease transit funding for Idaho and to apply H.R. 3111: Mr. MARSHALL, Mr. SHAW, Mr. H.R. 333: Mr. RANGEL. a higher federal match to transit projects DAVIS of Illinois, and Mr. KING of New York. H.R. 348: Mr. REYES and Mr. HOEFFEL. due to the presence of significant federal H.R. 3127: Mr. FILNER and Mr. MORAN of H.R. 391: Mr. FOLEY. lands in a state; to the Committee on Trans- Virginia. H.R. 476: Mr. CASE, Mr. PASCRELL, and Mr. portation and Infrastructure. H.R. 3194: Mr. CUNNINGHAM, Mr. RUSH, Mr. SCOTT of Georgia. 309. Also, a memorial of the Legislature of PALLONE, Mr. FROST, and Mr. SMITH of New the State of Idaho, relative to House Joint H.R. 548: Mr. WELDON of Pennsylvania. Jersey. Resolution No. 15 supporting the passage of H.R. 584: Mr. PAYNE. H.R. 3204: Mr. PITTS. H.R. 871, to amend the national Highway H.R. 623: Mr. LANGEVIN. H.R. 3220: Mr. CROWLEY and Mr. DAVIS of System Designation Act of 1995; to the Com- H.R. 648: Mr. FRANKS of Arizona. Alabama. mittee on Transportation and Infrastruc- H.R. 676: Ms. BALDWIN and Mr. SANDERS. H.R. 3242: Mr. COLLINS. ture. H.R. 713: Mr. LEWIS of Kentucky, Mr. H.R. 3307: Mr. OSBORNE. 310. Also, a memorial of the Legislature of BRADLEY of New Hampshire, and Mr. PASTOR. H.R. 3308: Mr. SIMPSON and Mr. OTTER. the State of Idaho, relative to House Joint H.R. 716: Mr. KIRK. H.R. 3309: Ms. JACKSON-LEE of Texas, Mr. Resolution No. 22 memorializing the Presi- H.R. 775: Mr. CARSON of Oklahoma and Mr. RANGEL, and Mr. GRIJALVA. dent of the United States and the Congress KLINE. H.R. 3355: Mr. DEUTSCH. to support and expand the Idaho National H.R. 806: Ms. SCHAKOWSKY and Mr. LIPIN- H.R. 3359: Mr. MORAN of Virginia. Laboratory; to the Committee on Science. SKI. H.R. 3378: Mr. OWENS, Mr. WEXLER, Mr. 311. Also, a memorial of the Legislature of H.R. 832: Mr. ALLEN. WEINER, Mr. UDALL of New Mexico, Mr. the State of Washington, relative to Senate H.R. 852: Mr. KUCINICH. SERRANO, Mr. GALLEGLY, and Mr. HONDA. Joint Memorial No. 8040 memorializing the H.R. 857: Ms. DEGETTE. H.R. 3422: Ms. WATSON. President of the United States to insure the H.R. 918: Mr. TERRY, Mr. FERGUSON, and H.R. 3446: Ms. LOFGREN, Ms. DELAURO, Mr. U.S. Department of Veterans Affairs health Mr. MCDERMOTT. SHAW, Mr. MEEHAN, and Mr. NADLER. care system in Washington State will be ade- H.R. 962: Mr. WYNN. H.R. 3450: Mr. ABERCROMBIE, Mr. GORDON, quate to serve the current and future de- H.R. 1043: Mr. KIND and Mr. BOEHLERT. Ms. HOOLEY of Oregon, Mr. HINOJOSA, and mands of the state’s veterans; to the Com- H.R. 1083: Mr. STRICKLAND, Mr. JENKINS, Mr. LANGEVIN. mittee on Veterans’ Affairs. and Mr. SPRATT. H.R. 3563: Mr. BURNS. 312. Also, a memorial of the Legislature of H.R. 1084: Mr. GREEN of Wisconsin. H.R. 3567: Mrs. JONES of Ohio, Mr. the State of Idaho, relative to House Joint H.R. 1105: Mr. GEPHARDT. THOMSPON of Mississippi, Mr. PALLONE, and Resolution No. 18 memorializing the United H.R. 1117: Mr. HALL. Mr. DEUTSCH. States Congress, that in negotiating any na- H.R. 1136: Mr. LEVIN. H.R. 3574: Mr. LANTOS and Mr. JONES of tional trade agreements, to recognize the H.R. 1173: Mr. WALSH. North Carolina. economic impact of such trade agreements H.R. 1225: Mr. REYES. H.R. 3593: Mr. GRIJALVA and Ms. NORTON. on the states and consider those impacts to H.R. 1231: Mrs. JOHNSON of Connecticut. H.R. 3696: Mr. GEORGE MILLER of Cali- maintain viable economic health of agricul- H.R. 1306: Mr. MORAN of Virginia. fornia. tural industries as well as all industries, H.R. 1345: Mr. DEUTSCH and Ms. CARSON of H.R. 3716: Mr. GREENWOOD, Mr. CRAMER, with an emphasis on fair trade, rather than Indiana. and Mr. MARSHALL. free trade; as well as to renogiate the provi- H.R. 1359: Mr. MORAN of Virginia. H.R. 3719: Mr. PAYNE and Mr. FARR. sions of CAFTA to limit sugar exports from H.R. 1480: Mr. HONDA. H.R. 3729: Mr. ANDREWS, Mr. HONDA, and the Central American countries to fairly pro- H.R. 1501: Ms. PELOSI, Mr. TOWNS, Mrs. Mr. CASE. tect sugarbeet and cane growers in the MALONEY, Mr. BACA, Mr. DOOLEY of Cali- H.R. 3731: Ms. SCHAKOWSKY. United States; to the Committee on Ways fornia, Mrs. DAVIS of California, Mr. ORTIZ, H.R. 3737: Ms. NORTON. and Means. Mr. PALLONE, Ms. DELAURO, Mr. GORDON, Ms. H.R. 3751: Mr. VAN HOLLEN. 313. Also, a memorial of the Legislature of WATSON, Ms. LORETTA SANCHEZ of California, H.R. 3779: Ms. LEE and Mr. MCCOTTER. the State of Washington, relative to House Ms. LINDA T. SANCHEZ of California, Mr. H.R. 3800: Mr. COLLINS, Mr. BALLENGER, Ms. Joint Memorial No. 4031 memorializing the ABERCROMBIE, and Mr. RODRIGUEZ. DUNN, and Mr. NUNES. President and the Congress of the United H.R. 1552: Mr. VITTER. H.R. 3801: Mr. ROGERS of Alabama, Mr. TOM States to extend and make retroactive the H.R. 1639: Mrs. JONES of Ohio. DAVIS of Virginia, and Mr. MILLER of Flor- federal temporary unemployment compensa- H.R. 1700: Mr. MICHAUD. ida. tion program; to the Committee on Ways and H.R. 1734: Ms. JACKSON-LEE of Texas, Mr. H.R. 3802: Mr. ETHERIDGE, Mr. MOORE, Mr. Means. FILNER, and Mr. CASTLE. INSLEE, Mr. PASCRELL, and Mr. MORAN of 314. Also, a memorial of the Legislature of H.R. 1735: Mr. GRIJALVA, Mr. MICHAUD, Ms. Virginia. the State of Idaho, relative to House Joint LOFGREN, and Ms. SOLIS. H.R. 3858: Mr. BAKER, Mrs. WILSON of New Resolution No. 21 supporting the concurrent H.R. 1736: Mr. PRICE of North Carolina. Mexico, Mr. BRADLEY of New Hampshire, Mr. receipt of military retirement pay and dis- H.R. 1749: Mr. BOEHLERT. WELDON of Florida, Mr. STENHOLM, and Mr. ability compensation; jointly to the Com- H.R. 1755: Mr. FRANKS of Arizona. DICKS.

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\L22AP7.001 H22PT1 H2374 CONGRESSIONAL RECORD — HOUSE April 22, 2004

H.R. 3889: Mr. WICKER and Mr. GREEN of GREEN of Texas, Mr. LAMPSON, Mr. BELL, and HOLT, Mr. KENNEDY of Rhode Island, Mr. Wisconsin. Ms. EDDIE BERNICE JOHNSON of Texas. MCKEON, Mr. MCINTYRE, Mr. MILLER of Flor- H.R. 3903: Mr. QUINN and Mr. SNYDER. H.J. Res. 72: Mr. DAVIS of Illinois, Mr. POM- ida, Mr. MORAN of Virginia, Mr. RYUN of H.R. 3916: Mr. LEACH. EROY, Mr. FARR, Mr. DEFAZIO, and Mr. Kansas, Mr. SIMMONS, Mrs. TAUSCHER, and H.R. 3950: Mr. ENGLISH. PASCRELL. Mr. TERRY. H.R. 3968: Mr. DOGGETT and Mr. WAXMAN. H.J. Res. 91: Mr. FILNER. H.R. 3980: Mr. HALL, Ms. ROS-LEHTINEN, H. Con. Res. 98: Mr. CULBERSON. f Mr. CARTER, Mr. PRICE of North Carolina, H. Con. Res. 218: Mr. MARIO DIAZ-BALART of Mr. CULBERSON, Mrs. CAPITO, and Mr. LUCAS Florida. DISCHARGE PETITIONS of Oklahoma. H. Con. Res. 224: Mr. DUNCAN. Under clause 2 of rule XV, the fol- H.R. 3987: Mr. GRIJALVA and Ms. JACKSON- H. Con. Res. 242: Mr. VAN HOLLEN. lowing discharge petition was filed: LEE of Texas. H. Con. Res. 261: Ms. LEE, Ms. DELAURO, H.R. 3988: Mr. TOWNS, Mr. KILDEE, Mr. Mr. BISHOP of Georgia, Mr. PAYNE, Ms. JACK- Petition 7. April 21, 2004, by Mr. BAIRD on OWENS, Mr. BRADY of Pennsylvania, Ms. NOR- SON-LEE of Texas, Mr. THOMPSON of Mis- House Resolution 572, was signed by the fol- TON, Mr. RUSH, Mr. KUCINICH, Mr. HASTINGS sissippi, Mr. SERRANO, Mr. CUMMINGS, Mrs. lowing Members: Brian Baird, Lloyd of Florida, Mr. HOEFFEL, Mr. SANDERS, and CHRISTENSEN, Mr. REYES, Mr. OWENS, Mr. Doggett, Max Sandlin, John W. Olver, Jim Mr. FROST. KENNEDY of Rhode Island, Ms. SCHAKOWSKY, McDermott, Janice D. Schakowsky, Shelley H.R. 4016: Mr. CONYERS and Mr. TERRY. Mr. KUCINICH, Mr. CONYERS, Ms. CORRINE Berkley, Luis V. Gutierrez, George Miller, H.R. 4026: Mr. SIMMONS and Mr. WHITFIELD. BROWN of Florida, Mr. ROSS, and Mr. ROTH- Peter A. DeFazio, Sherrod Brown, Joseph M. H.R. 4057: Mr. GREEN of Wisconsin. MAN. Hoeffel, Bob Filner, Marcy Kaptur, C. A. H.R. 4061: Ms. MILLENDER-MCDONALD, Ms. H. Con. Res. 298: Mr. BAKER and Mr. BROWN Dutch Ruppersberger, Michael M. Honda, HARRIS, Mr. HONDA, Mr. HASTINGS of Florida, of South Carolina. Jim Cooper, Adam B. Schiff, Jesse L. Jack- Mr. GREENWOOD, and Mr. HOEFFEL. H. Con. Res. 330: Mr. SIMMONS, Mr. son, Jr., Stephanie Tubbs Jones, Stephen F. H.R. 4063: Mr. CUMMINGS. DEUTSCH, and Mr. HINOJOSA. Lynch, Dale E. Kildee, Ciro D. Rodriguez, H.R. 4065: Mrs. WILSON of New Mexico, Mr. H. Con. Res. 332: Mr. CRAMER and Mr. SKEL- Solomon P. Ortiz, Grace F. Napolitano, Wm. MILLER of Florida, Mr. GINGREY, Mr. TON. Lacy Clay, Michael H. Michaud, Nydia M. ENGLISH, Mr. SMITH of New Jersey, Mr. H. Con. Res. 366: Mr. RUPPERSBERGER, Mr. Velazquez, Joe Baca, Hilda L. Solis, Bob MCCOTTER, and Ms. HART. ISRAEL, Ms. LOFGREN, Mr. OLVER, Mr. Etheridge, Artur Davis, David Scott, Mike H.R. 4067: Mr. BLUMENAUER, Ms. LEE, Mr. MICHAUD, Mr. JACKSON of Illinois, Mr. SMITH Ross, Charles A. Gonzalez, Karen McCarthy, HINCHEY, Mr. CASE, Mr. HONDA, Mr. of Washington, Mr. WATT, Mr. TAYLOR of , Jane Harman, Diane E. Wat- MCDERMOTT, and Mr. CASTLE. Mississippi, Mr. LANGEVIN, Mr. DAVIS of Ala- son, Maurice D. Hinchey, Rick Larsen, Lin- H.R. 4108: Mr. BEREUTER, Mr. FERGUSON, bama, Mr. INSLEE, and Mr. BALLANCE. coln Davis, Frank W. Ballance, Jr., Carolyn Mr. CROWLEY, Mr. ANDREWS, Mrs. MALONEY, H. Con. Res. 371: Mr. CRAMER. McCarthy, Nita M. Lowey, Charles B. Ran- Mr. EMANUEL, Mr. HINCHEY, Mr. FORD, Ms. H. Con. Res. 375: Mr. HONDA, Mr. CUMMINGS, gel, Betty McCollum, Dennis A. Cardoza, MCCARTHY of Missouri, Mr. MCGOVERN, Mr. Mr. LAHOOD, and Mr. LANGEVIN. Sam Farr, Sanford D. Bishop, Jr., John TIBERI, Ms. PELOSI, Mr. ACKERMAN, and Mr. H. Con. Res. 378: Mrs. NAPOLITANO, Mrs. Lewis, Brad Sherman. James R. Langevin, GERLACH. LOWEY, Mr. MICHAUD, and Mr. DEUTSCH. Susan A. Davis, Timothy H. Bishop, Lynn C. H.R. 4126: Mr. BRADLEY of New Hampshire, H. Con. Res. 390: Mr. RUPPERSBERGER, Mr. Woolsey, James L. Oberstar, Diana DeGette, Mr. GOODE, Mr. BARTLETT of Maryland, Mr. PALLONE, Mr. BACHUS, Mr. CRAMER, and Mr. Louise McIntosh Slaughter, Xavier Becerra, NETHERCUTT, Mr. MCCOTTER, Mr. MANZULLO, DEUTSCH. , Albert Russell Wynn, Don- Mr. MILLER of Florida, and Mr. GARRETT of H. Con. Res. 391: Mr. WEXLER and Mr. KEN- ald M. Payne, Linda T. Sanchez, Ron Kind, New Jersey. NEDY of Rhode Island. Danny K. Davis, Bart Stupak, Mark Udall, H.R. 4131: Ms. PRYCE of Ohio. H. Con. Res. 392: Ms. NORTON and Mr. FIL- Martin Frost, Robert A. Brady, Eddie Ber- H.R. 4142: Mr. GARRETT of New Jersey and NER. nice Johnson, Brad Miller, Tom Udall, Mrs. MUSGRAVE. H. Con. Res. 396: Ms. ESHOO and Ms. Corrine Brown, Dennis Moore, Earl Pomeroy, H.R. 4143: Mr. SHAYS. SLAUGHTER. Lane Evans, Bart Gordon, and Tim Ryan. H.R. 4147: Mr. FROST, Mr. GRIJALVA, and H. Con. Res. 406: Mr. BRADY of Pennsyl- Mr. KUCINICH. vania. f H.R. 4150: Mr. KING of New York. H. Res. 313: Mr. CASE and Mr. PASCRELL. H.R. 4169: Mr. BURTON of Indiana, Mr. H. Res. 516: Mr. DOYLE. DISCHARGE PETITIONS— OWENS, and Mr. MICHAUD. H. Res. 550: Mr. JENKINS and Mr. ALLEN. ADDITIONS OR DELETIONS H.R. 4181: Mr. WAMP, Mr. ROGERS of Michi- H. Res. 575: Mr. WAMP. The following Members added their gan, Mr. WELDON of Florida, Mr. BURNS, Mr. H. Res. 577: Mr. BLUNT, Mr. PAYNE, Mr. names to the following discharge peti- BOEHNER, and Mr. BROWN of South Carolina. BLUMENAUER, Mr. BERMAN, and Mr. H.R. 4182: Mr. DOOLEY of California, Mr. GALLEGLY. tions: PRICE of North Carolina, Mr. MCDERMOTT, H. Res. 596: Ms. DELAURO, Mr. ENGLISH, Mr. Petition 6, by Mr. TURNER of Texas on and Mr. ACEVEDO-VILA. MURTHA, Ms. HARRIS, Mr. BEREUTER, Mr. House Resolution 523: , Darlene H.R. 4185: Mr. SOUDER and Ms. HARRIS. FROST, and Mr. NEY. Hooley, Dennis Moore, Michael R. McNulty, H.R. 4192: Mr. CARDOZA, Mr. FARR, Mr. H. Res. 598: Mr. BOEHNER, Mr. BURR, Mr. Norman D. Dicks, Dale E. Kildee, Peter A. LEVIN, Mr. SABO, Mr. GUTIERREZ, Mr. MEEKS CASE, Mr. CUNNINGHAM, Mrs. DAVIS of Cali- DeFazio, Michael E. Capuano, and Bob Fil- of New York, Mr. RUSH, Mr. DELAHUNT, Mr. fornia, Mr. EDWARDS, Mr. ETHERIDGE, Mr. ner.

VerDate mar 24 2004 03:49 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.036 H22PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, THURSDAY, APRIL 22, 2004 No. 53 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, bill, we will have an agreement to con- called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, sider the victims’ rights bill that was E. SUNUNU, a Senator from the State of Washington, DC, April 22, 2004. introduced yesterday by Senators KYL, To the Senate: New Hampshire. FEINSTEIN, and others. That order pro- Under the provisions of rule I, paragraph 3, The PRESIDING OFFICER. Today’s of the Standing Rules of the Senate, I hereby vides for up to 2 hours of debate prior prayer will be offered by our guest appoint the Honorable JOHN E. SUNUNU, a to a vote on passage of the bill. Chaplain, Dr. Phillip W. McClendon, Senator from the State of New Hampshire, I thank all of the Members who have Calvary Baptist Church, Joplin, MO. to perform the duties of the Chair. assisted in bringing that to conclusion. TED STEVENS, Both the assistant Democratic leader PRAYER President pro tempore. and I mentioned last night that they The guest Chaplain offered the fol- Mr. SUNUNU thereupon assumed the have done yeomen’s work in bringing lowing prayer: Chair as Acting President pro tempore. this legislation to the point it is. Shall we pray. f It is bipartisan. I know Senator KYL Our Father, we praise You for Your RECOGNITION OF THE MAJORITY has been very engaged in this debate. love that embraces us and gives us se- LEADER And only through his efforts, working curity, Your joy that uplifts us and together with the efforts of Senator The ACTING PRESIDENT pro tem- gives us resiliency, Your peace that FEINSTEIN and others, will we be able floods our hearts and gives us calm- pore. The majority leader is recog- to finish that bill today. nized. ness, Your Spirit that fills us and gives I will be talking to the Democratic us strength and fortitude. f leadership about the schedule for the Guide us, Lord, so we can maximize SCHEDULE remaining part of this week and next the hours of this week. Help us to week as the course of the day goes on. think clearly without confusion, to Mr. FRIST. Mr. President, this morn- I know my distinguished colleague speak without resentment, to debate ing, following leader time, the Senate from Missouri is here. I would be happy without division, and to decide coura- will be in a period of for him to make a statement with re- geously without strife. May our speech for up to 60 minutes. The morning busi- gard to our visiting Chaplain today. honor You and deal with issues and not ness period will be divided. The Repub- personalities. Grant the Senators Your lican side will control the first 30 min- So people know, I have about a 4- or grace to work this week as the honor- utes and the Democrat side will control 5-minute statement to make before able men and women who love You and the final 30 minutes. going to morning business. count it a high privilege to serve as After morning business, the Senate The ACTING PRESIDENT pro tem- leaders of our beloved Nation. Amen. will begin 60 minutes of debate on the pore. The Senator from Missouri. motion to proceed to the asbestos bill. f When the 1 hour of debate concludes, f PLEDGE OF ALLEGIANCE the Senate will conduct a rollcall vote on invoking cloture on the motion to GUEST CHAPLAIN PHILLIP The Honorable JOHN E. SUNUNU led proceed to the asbestos bill. We have MCCLENDON the Pledge of Allegiance, as follows: heard from a number of Senators on I pledge allegiance to the Flag of the this bill in the last couple of days. As Mr. BOND. Mr. President, I thank the United States of America, and to the Repub- the debate has progressed, there have majority leader and the distinguished lic for which it stands, one nation under God, been a number of ongoing discussions minority whip. indivisible, with liberty and justice for all. which involved our options for moving I join with my colleagues today in f forward on this important piece of leg- welcoming a good friend to the Senate islation. as guest Chaplain, Dr. Phillip APPOINTMENT OF ACTING At this point, it is difficult to say ex- McClendon of Joplin, MO. He is the PRESIDENT PRO TEMPORE actly how the continued negotiations senior pastor of Calvary Baptist The PRESIDING OFFICER. The are going to be carried out, but we are Church where for the past 20 years he clerk will please read a communication going forward with the cloture vote has served as a dynamic church and to the Senate from the President pro today, and we will continue with dis- spiritual leader for southwest Missouri, tempore (Mr. STEVENS). cussions and negotiations at the lead- ministering to all with whom he comes The legislative clerk read the fol- ership level. If we are unable to invoke in contact, including hospital patients lowing letter: cloture and actually begin the asbestos here and on his extensive missions

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

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VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.000 S22PT1 S4238 CONGRESSIONAL RECORD — SENATE April 22, 2004 abroad. While we claim him for Mis- tivity—all of which will serve to raise pollution, which will support conserva- souri, his pastoring and his services ex- environmental awareness and improve tion and environmental stewardship tend to many people beyond the bor- the cities and towns and the environ- programs and address our Nation’s lim- ders of our State. We are extremely de- ment in which we live. ited water resources issues. We also are lighted that he has been able to bring This year we have much to celebrate. working with international partners to this body together and start us, we The quality of our environment has address global climate change and as- hope, on the right track today. dramatically improved over the past 30 sist developing countries with environ- Dr. McClendon was educated in Geor- years. Federal, State, and local efforts mental challenges such as deforest- gia, Kentucky, and Missouri, and has have enhanced our air and enhanced ation and illegal logging. been pastor for lengthy periods of serv- our water quality by reducing pollu- After more than 30 years, Earth Day ice in New Mexico and Texas before tion. Major steps have been taken to has become an integral part of our Na- being elevated to the current status in clean up contaminated sites over the tion’s environmental consciousness. No Missouri. last 30 years and to protect our natural matter how you choose to celebrate In addition to his church responsibil- resources. Earth Day, you will be taking part in ities, Dr. McClendon is a widely re- Since 1970—a little over 30 years an international effort to preserve our spected civic leader. He has served as ago—aggregate emissions of harmful natural resources and build a healthier trustee for the Ozark Mental Health pollutants have decreased by 25 per- tomorrow. Center, on the board of directors for cent. And that has happened—this de- I yield the floor. the Ronald McDonald House of the four creasing of the pollutants by 25 per- The ACTING PRESIDENT pro tem- States, and as a member of the Advi- cent—at the same time our gross do- pore. The assistant Democratic leader. mestic product has increased 161 per- sory Council for the Community Blood f Center of the Ozarks. cent. Energy consumption has in- Dr. McClendon’s works can be read creased 42 percent. ORDER OF PROCEDURE through his published works. He has Tennessee is home to some of our Na- Mr. REID. This is a unanimous con- been on numerous television broad- tion’s most diverse natural areas. We sent request. I will not take time from casts throughout the region and has have the Great Smoky Mountains in the distinguished Senator from Colo- developed quite a wide following. east Tennessee, a wonderful environ- rado. Under the half hour that has been The interesting thing about Dr. ment, a wonderful region, a wonderful allotted to the Democrats in our morn- McClendon is his ability to balance his space that I personally enjoy. I hike ing business, we would dispense that by calling, his family duties, all the while through it every year with my family— giving 10 minutes to Senator KOHL, 10 contributing so much to the Greater my wife Karyn and my three boys. minutes to Senator LEAHY, and 10 min- Joplin community. It underscores his It is our Nation’s most visited Na- utes to Senator Lautenburg, not nec- dedication and active commitment to tional Park, the great Smoky Moun- essarily in that order; whoever is there, doing God’s work for the betterment of tains National Park. It is home to 10 minutes each. humanity and all of our spiritual lives. more than 100,000 different, distinct The ACTING PRESIDENT pro tem- Dr. McClendon and his wife Jackie species, hundreds of which are new to pore. Without objection, it is so or- have three children, Scott, Gwen, and science. The park itself is one of the dered. Crystal. Today, we are very pleased to most biologically diverse, indeed, in be able to welcome an enthusiastic the world. Tennesseans know how criti- f group of friends and admirers as he cally important it is to protect and to RESERVATION OF LEADER TIME conserve our limited resource. opened the Senate for business. We are The ACTING PRESIDENT pro tem- In recognition of Earth Day, Ten- truly delighted to welcome him and his pore. Under the previous order, the nesseans are volunteering all across group. leadership time is reserved. Thanks, Dr. McClendon, to you and the State, in National Parks, commu- your family, for your service. nity cleanup projects, in wildlife ref- f I appreciate the opportunity to make uges. A lot of the projects I mentioned MORNING BUSINESS these remarks. I thank the Chair for are underway as I speak. In Nashville, giving me this opportunity. thousands turned out to Centennial The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Park to learn about the Cumberland pore. Under the previous order, there is pore. The majority leader. River and the region’s water resources. a period for the transaction of morning business for 60 minutes, with the first f Tennesseans are taking part in cleanup activities in the Reelfoot National 30 minutes under the time of the ma- EARTH DAY Wildlife Refuge which is in northwest jority leader or his designee and the Mr. FRIST. Mr. President, very brief- Tennessee. In east Tennessee and final 30 minutes under the time of the ly, I wish to comment on an event we Knoxville there is the Fifth Annual Democratic leader or his designee. are celebrating throughout the United Earthfest which is themed ‘‘What’s In The Senator from Colorado. States today and indeed throughout Your Water,’’ to highlight water re- f the world today. That is the fact that sources and quality issues in east Ten- ASBESTOS today is the 34th anniversary of Earth nessee. Day, an event that gives people the op- Federal agencies, in cooperation with Mr. ALLARD. Mr. President, the portunity to celebrate the environ- national and grassroots organizations, Senate will decide shortly what path to mental accomplishments that have are working together to educate Amer- take on the pending asbestos liability been made over the past three decades icans about how they can participate legislation, otherwise known as the and, yes, to look ahead to see what in cleaning up their environment on a Fairness In Asbestos Injury Resolution progress can and should be made. daily basis, what they can do as indi- Act, more frequently referred to simply What has been so apparent to me as viduals, as communities, initiatives as the FAIR Act. This bill has inspired I travel back to Tennessee and talk to such as the ENERGY STAR Program, very strong sentiments from many people across Tennessee is the oppor- statewide recycling programs, and Americans. Like my colleagues on both tunity that this day and this focus under the Department of Agriculture, sides of the aisle, I am deeply sympa- gives communities to discuss, to par- the Natural Resources Conservation thetic to those who have suffered se- ticipate, and clean up of projects—to Service is teaching people how to be vere medical consequences from expo- participate in conservation projects all good stewards of our planet. sure to asbestos. across Tennessee. And, thus, it is hap- Earth Day is, indeed, an opportunity I am somewhat less sympathetic to pening all across the country. to reflect our accomplishments today those who may seek compensation Thousands of volunteers today, right and think about how we can do more to without demonstrating a medical im- now as we speak, are participating in improve the environment. pact on their lives. While the number an event—and the next few weeks will The administration has proposed sev- of mesothelioma claims has remained continue that discussion and that ac- eral new initiatives that will reduce air relatively steady at about 2,000 claims

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.003 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4239 a year for the last 10 years, over 100,000 claims. This point cannot be stressed The result is a serious threat to pa- cases were filed in 2003. enough. Our legal system has func- tient access to care. Twenty-six per- According to the RAND Institute for tioned under this guiding principle for cent of health care institutions have Civil Justice, mesothelioma victims re- generations. We will do nothing in this cut back services or eliminated patient ceive only 17 percent of compensation Chamber to challenge that principle. care units. Seventy-eight percent of awards, compared to 65 percent for There are those in this body who see Americans fear that skyrocketing med- nonmalignant claimants. this bill differently. There are those in ical liability costs will limit access to On top of that, trial lawyers may this body who can look at the class ac- care even further. charge fees as high as 40 percent plus tion brought against Blockbuster If we look at the root of this prob- litigation expenses. The result of less Video where attorneys will collect a lem, we see that median medical liabil- justifiable lawsuits is many real vic- little less than $10 million and class ity awards have increased 43 percent in tims are denied compensation for ac- members will get coupons toward fu- 1 year from $700,000 in 1999 to more tual injuries. ture video rentals and say this is jus- than $1 million in the year 2000. In 2001, To date, 67 companies have been tice. This case, and cases like it, are malpractice insurers paid $1.53 in bankrupted and more than 60,000 Amer- representative of the systematic denial claims and costs for every $1 received icans have lost their jobs as a direct re- of valid claims by class members and it in revenue. This system is not sustain- sult of asbestos liability. Clearly, we is incumbent upon us to rectify this able and will not serve those Ameri- have a problem in this country. situation. cans in need of better health care. I followed the numerous Senate hear- One such tool at our disposal is in- We are suit happy. At some point ings held on this issue and I have met creased oversight of such settlements. Americans stopped bargaining and ne- with numerous Coloradans with a vari- The Founding Fathers, in their infinite gotiating in good faith. At some point ety of perspectives. I met with those wisdom, envisioned problems like this. we became less concerned with justice who lost loved ones to mesothelioma, The Constitution was drafted explicitly and more focused on assigning blame. those who have lost jobs due to asbes- to provide for Federal jurisdiction over More than assigning blame, we now as- tos litigation, and those who are cur- all lawsuits between the citizens of dif- sign dollar amounts to virtually every tailing their manufacturing operations ferent States. These cases involving major, minor, and perceived slight. We in Colorado in anticipation of contin- parties of diverse citizenship have live in a country where family disputes ued claims. evolved into what we see today as na- The complexities of this issue are are settled in court. tional types of litigation or big-dollar tremendous. I compliment my col- Mr. President, at the risk of sounding suits against large companies engaged leagues, the chairman of the Judiciary too folksy, people where I come from, Committee and the majority leader, for in interstate commerce. Over time, where I was raised, simply do not see it their work to date on this issue. Congress has more narrowly defined this way. If this body does nothing else Beyond the FAIR Act, general litiga- constitutional diversity and created a today, we should commit to an overall tion and litigation reform have been requirement that all plaintiffs be di- effort to recast our approach to the ju- major topics of concern this session in verse from all defendants. The result dicial system—a system that has the Senate. Last October, the Senate today is venue shopping, attorneys grown obese and focused on greed rath- focused on the Class Action Fairness seeking favorable State courts through er than justice. Act. When a plaintiff’s injury is not which to pursue an action that is na- These are just a few examples of the worth enough to justify a legal suit to tional in scope. The Founders knew cost of continued and increased litiga- recover damages, individuals similarly such nebulous venue requirements tion and the importance of reform. affected can combine damages for one could lead to local biases in cases of The FAIR Act, which faces a cloture lawsuit against a common defendant. broad significance and we have, unfor- vote later today, marks another at- In recent years, driven largely by a few tunately, arrived at that point. The tempt to deal with a pressing national unscrupulous attorneys, there has been Constitution provides for Federal juris- issue. It is clear, however, that the an explosion in class action litigation. diction over citizens of different States FAIR Act will not be permitted to Our economy bears an enormous bur- so local bias will never become an come to an up-or-down vote in the Sen- den due to this explosion of litigation. issue. National, multimillion-dollar ate. Unfortunately, much of that burden is suits should not be barred from Federal A variety of important bills have carried by consumers. Specific to these courts. The egregious practice of venue been effectively defeated before they suits, these abuses of the system, the shopping flies in the face of the Found- have ever come to an up-or-down vote consumer is often left out in the rain ers’ intent. in this body. Parliamentary tricks and once there is a settlement. Attorneys Class actions are a valuable part of filibuster by the Democrats have can make millions, while the plaintiffs the legal system. Recent abuses and a jammed numerous issues. are often left with nothing more than a shift in the benefits of an action from The following examples should clear- coupon for a service they were denied class members and toward attorneys ly illustrate this obstruction. in the first place. should not signal the end of access to The JOBS bill would both repeal a Like so many things designed to pro- appropriate legal recourse. The system European tariff on nearly 100 Amer- tect consumers and ensure fair and just as it exists today is untenable. ican-made products and cut taxes for restitution, the tool of class action has Medical liability has become another manufacturers in the United States. been manipulated. Far too often, that increasingly important matter on a na- Although the JOBS bill passed the Fi- manipulation has yielded tremendous tional scale. In February, the Senate nance Committee 19 to 2 and enjoys wealth for attorneys driving these ac- debated the Patient Crisis/Access to broad, bipartisan support, Democrats tions and little or nothing for the con- Care Act. Skyrocketing medical liabil- voted to block a vote on the measure in sumers initially harmed. ity premiums have translated directly March. The Center for Legal Policy recently to physicians limiting services, retir- The medical liability legislation I reported from 1997 to 2000 United ing early, or moving out of the State— discussed—patients across America are States firms saw a 300-percent increase one State to another—to escape esca- denied critical health care, including in Federal class actions and a 1,000-per- lating costs of liability insurance. emergency and obstetric care, because cent spike in State class actions. The This cost is deeply felt and extends doctors and hospitals are closing their end result, as we will see, is an increase well beyond the physician-patient rela- doors from skyrocketing liability in litigation, thus an increase in the tionship. Emergency departments are costs. Opponents blocked a comprehen- cost of doing business and higher costs losing staff and scaling back critical sive, bipartisan bill in July of 2003. In passed along to the consumer. There services, even trauma units. OB/GYNs February of 2004, Senate Democrats are, in fact, a plethora of abuses that and family doctors have stopped deliv- again blocked an effort to protect have contributed to the generation of ering babies, and all too often high-risk women’s access to obstetric and gyne- this legislation in the Senate. procedures—for example, neuro- cological care. That was S. 2207. Nothing in the class action bill de- surgery—are postponed because sur- The energy bill—a comprehensive en- nied a consumer a right to make valid geons cannot find or afford insurance. ergy bill would deliver nearly 1 million

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.006 S22PT1 S4240 CONGRESSIONAL RECORD — SENATE April 22, 2004 American jobs, increase renewable and majority so we can move forward with Energy is another one. It came very alternative sources of energy, and re- the agenda in the Senate. close. We worked out a bipartisan bill. duce America’s dependence on foreign There is a terrible cost being exacted It had bipartisan support. We couldn’t oil. This bill has been blocked in the for our delinquency on these matters. get an energy bill passed because of a Senate for 3 years, including a provi- Every day the outlook for health care, filibuster in the Senate. The same is sion to open ANWR and dramatically the burden of an un-reformed tort sys- true with workforce investment. We reduce America’s dependence on for- tem run amuck, and opportunities for passed it. It is being blocked from eign oil and create hundreds of thou- America’s small businesses grows in- going to conference. That is a new ob- sands of more American jobs. creasingly difficult. I pledge to work struction tactic which is a sort of bait The Workforce Investment Act is with my colleagues on each of these and switch. It is the idea that, yes, we projected to help more than 940,000 dis- issues, some of which I support and will give you this, we will pass it, and located workers get the training they others which I may not, but I will work then after everybody believes we need to get good jobs. It was passed by with colleagues to see that each bill re- passed it and we have done our job, we both the House and the Senate—I ceives a fair up and down vote. Our are not allowed to go to conference to might add unanimously in the Senate. constituents deserve better than to work out the differences between the Senate Democrats now refuse to ap- watch while the legislative process is two bodies. So we can’t get a bill done. point conferees so that the bill can be- held hostage for the political or ideo- We have talked about judges over and come law. logical desires of a few members of this over and spent many late nights here Judges—the unprecedented, unconsti- body. talking about the obstructionism. tutional challenge to the Senate’s ad- Mr. President, I thank the Chair and Again, it is a new tactic, a new level of vise-and-consent role continues. A mi- yield back my time. obstruction heretofore never seen in nority of Democrats have prevented six The ACTING PRESIDENT pro tem- the Senate—requiring judges to get 60 highly qualified Federal appeals court pore. Who yields time? votes for confirmation. So we have this nominees from receiving a fair, up-or- Mr. ALLARD. Mr. President, I sug- new threshold for judges. We have a down confirmation vote and are threat- gest the absence of a quorum. new threshold for passing legislation ening to use partisan filibusters to pre- The ACTING PRESIDENT pro tem- which is not allowing us to go to con- vent confirmation of additional judges. pore. The clerk will call the roll. ference and requiring a 60-vote major- If given an up-or-down vote, all these The legislative clerk proceeded to ity to go to conference, not to pass a nominees would be serving on the call the roll. bill, not to bring a bill up. It is ob- bench today. Mr. SANTORUM. Mr. President, I struction on top of obstruction. The class action legislation I men- ask unanimous consent that the order We had a bipartisan welfare reform tioned would create a consumer bill of for the be rescinded. bill we were working on. We were rights to ensure that victims are not The ACTING PRESIDENT pro tem- working to do more for daycare—many denied fair compensation while their pore. Without objection, it is so or- on the other side of the aisle wanted to trial lawyers escape with the lion’s dered. do that—$7 billion more for daycare, a share of court awards. On October 22, f huge increase in daycare funding with 2003, Senate Republicans and nine a very small increase in work require- OBSTRUCTION TACTICS Democrats came one vote short of ment and in participation standards. It overcoming the Democrat leadership’s Mr. SANTORUM. Mr. President, I was blocked on the floor of the Senate. parliamentary obstruction. rise to express my concern about what On class action we came close—one Faith-based/charities legislation seems to be an all-too-apparent pattern vote. Again, we came close; not 51, not passed the Senate on April 9, 2003, with in the Senate when we earnestly try to passage, it came close to the 60 votes overwhelming bipartisan support, 95 to work together to bring up issues that that are now required on every single 5, and similar legislation resoundingly are important to the future of this measure that comes before the Senate. passed the House on September 17, but country, such as the jobs in manufac- We came one vote short, and we still the Democrat leadership is blocking a turing bill, the FSC bill, where we have have no assurance of the ability to conference committee to resolve been trying to avoid more tariffs, bring the bill up and to come to conclu- House-Senate differences and even which now have been levied against sion. allow a final vote. The CARE Act will many manufacturers by the European Faith-based charities is another ex- spur more charitable giving and assist Union, that are increasing month by ample of a bill that passed with 90-plus faith-based organizations and commu- month. We are trying to get a bill votes. We can’t go to conference. This nity charities. passed to help our manufacturers, to was a bill that was bipartisan in na- Welfare reform—on April 1, 2004, Sen- help our manufacturing economy, and ture. Senator LIEBERMAN and I were ate Democrats voted to block a meas- that is being blocked on the floor of sponsors of the legislation. There was ure to reauthorize the landmark 1996 the Senate. no controversy surrounding it. Any- welfare reforms. H.R. 4 would build on Medical liability: We have had three thing that was controversial was the successes of the 1996 reforms to votes just to bring the bill up to dis- excised from the bill. Still we can’t get strengthen work requirements and pro- cuss it, to discuss an issue that is dev- the bill to conference to be able to get mote healthy families, as well as pro- astating my State. I have had numer- something that will infuse billions of vide an additional $6 billion in ous town meetings across the Common- dollars into charitable organizations childcare funding. wealth of Pennsylvania. Doctors, across the country. It is time to move forward with an nurses, health professionals, hospital Now we add to it asbestos care and agenda in the Senate. I think it is time administrators, patients, and patient jobs. We have this bill. Again, what is for us to put aside the partisan politics groups are coming and saying: We have this about? What is this vote about? we are experiencing in the Senate to do something to deal with the sky- This is about discussing the bill. Is today and move forward with, I think, rocketing cost of health insurance as a anyone in this Chamber saying there very important legislation. I talked result of medical liability insurance isn’t a problem? There was a settle- about some of that: liability reform, costs. ment that was just agreed to wherein that affects both class actions as well We have lost 1,100 doctors in Pennsyl- the average person in Pennsylvania re- as medical care; trying to ensure that vania alone. We have great medical ceived $12,000, and the average claim- we have voluntarism. Welfare reform schools, but we are almost last in the ant in Mississippi received $250,000 per has been extremely successful. Yet we country now in physicians under the person. Is this is a fair system, where find that obstructed in the Senate. age of 35. Yet we produce—next to New people in Mississippi, because of a ri- I hope, even though this is a Presi- York and California, maybe Texas— diculous court situation that goes on dential year, and many of us are not more young physicians than any other and the fraudulent court system in surprised by some of the Presidential State in the country. It is a huge prob- some counties in Mississippi, where politics, that the Democrats will seek lem; yet we can’t even debate it in the lawyers have bought off the judiciary, to cooperate more with the Republican Senate because we are being blocked. that that is somehow or another a fair

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.009 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4241 system, that claimants in those com- people who are not sick, not people money is being drained away from peo- munities should get more than some- who are sick, because most of the ple who are sick to people who are not one who is similarly situated in an- claims are filed by people who are not sick and to lawyers who are suing on other State? sick. This is an outrage, and we can’t their behalf. This is a situation that is crying out even discuss it here in the Senate. We What is happening in this system is for Federal intervention. If we had this can’t even bring the bill up and have an criminal, in my opinion, and for the kind of discrimination going on in any amendment. We can’t let the Senate Senate to say we simply do not want to other area, other than the fact that work its will. I hear so much the com- discuss it is an outrage. trial lawyers are involved, personal in- plaint, if you just let the Senate work I know the negotiations are con- jury lawyers are involved, if we had its will, bring these bills up. We can tinuing among labor, the insurance any of this discrimination going on be- have a discussion. We have our message companies, and manufacturers, and I tween States, both sides of the aisle amendments that we want to do. But assume trial lawyers are involved, al- would be screaming for a Federal solu- let’s bring the bill up. though probably objecting to every- tion. But when you have a situation Well, here we are. Let’s bring the bill thing, but we need to come to a conclu- where 50 percent of the money goes to up. When it comes to our friends, the sion. lawyers and court costs and that personal injury lawyers, we can’t bring The PRESIDING OFFICER (Ms. MUR- money seems to finds its way back, in- those bills up. We will bring up other KOWSKI). The Senator’s time has ex- terestingly enough, in the political sys- bills but not when it comes to our bud- pired. tem, then all of a sudden we don’t mind dies, the personal injury lawyers. Be- Mr. SANTORUM. Madam President, discrimination between States. cause it is a campaign season, we have we need to help those people who are sick, and we need to help them now. We don’t mind if some States do very campaigns to fund. I thank the Chair. well under this lottery system that has This is an outrage. I don’t want to The PRESIDING OFFICER. The Sen- evolved in these asbestos cases. We hear any more complaints from the ator from Wisconsin. don’t care if people who are sick and other side of the aisle about how manu- dying of mesothelioma get $10,000 in facturing is in the doldrums when this f claims, and someone who walked particular bill could do more to stimu- GAYLORD NELSON AND EARTH through a construction site where late capital investment in manufac- DAY there was asbestos, who is not sick, turing and growth in the manufac- Mr. KOHL. Madam President, today I never will be sick, gets hundreds of turing sector and stop those companies rise to recognize one of our most thousands of dollars. We don’t care, from moving offshore. Why? Because prominent Wisconsinites, Gaylord Nel- just as long as our buddies, the per- they don’t want these claims and the son, the founder of Earth Day, the man sonal injury lawyers, get their cut. litigation environment—asbestos is who fundamentally changed the way That is what is going on here. probably the poster child for that— American people view the environ- This is outrageous, with the severe that they have to live with. ment. problem we have in asbestos litigation, We have an obligation to those who Before Gaylord Nelson came along, as severe a problem and as inequitable are sick to set up a fund so people who pollution and ecology were fringe sub- a situation as we have, as destructive are sick, have health care expendi- jects, a concern of only a few aca- to the economy as this is. Twenty-five tures, and are going through difficult demics. After Gaylord Nelson created percent of the companies that have times, who are disabled, get the re- Earth Day in 1970, environmental gone bankrupt have gone bankrupt in sources they need and deserve as a re- issues exploded into our public debate. Pennsylvania; 25 percent of those com- sult of being exposed to asbestos. We In that first year, almost 20 million panies are Pennsylvania based. have an obligation. I can tell you the people participated in Earth Day We have a company Senator HATCH insurance companies, the manufactur- events—an instant success. By last talked about the other day, Crown ers, are willing to put up over $100 bil- year, 500 million people in 167 countries Cork & Seal. Crown Cork & Seal makes lion to help people who are sick, and by took part in Earth Day, spreading the bottle caps. If you opened up a Coke the way, there is very little money for message of environmental stewardship. bottle, you used to have cork on the in- lawyers. That is the problem here. We Earth Day laid the foundation for side of the bottle cap. Now they have are OK with the $100 billion or more for landmark environmental legislation. plastic. But they make plastic con- folks who are sick, but what about our All over the country, Americans heard tainers and bottle caps, all those friends, the lawyers? What are they about the dangers of lead in our water, things. They bought a bottling com- going to do? How are they going to feed pesticides in our drinking water, and pany in 1963, a cork company, as part their families? Is that the real concern chemicals in our soil. An informed pub- of their growth. That company also here? lic brought pressure on Congress and had an insulation business. They owned The concern in asbestos cases should the President to act. The movement the insulation business for 90 days— be the people who are sick, not the law- that started that first Earth Day led to they never operated it—90 days in 1963. yers who are making right now the the Clean Air Act, the Clean Water They spent $7 million on the acquisi- lion’s share of the money on this issue. Act, the Resource Conservation and tion. They have already paid out $400 That is what we are trying to get to Recovery Act, and Superfund legisla- million in claims on a business they here. tion. These are the foundations of envi- never operated. What has that done? It All we are trying to do is discuss it. ronmental law today, and they would has crippled that business. It is still The bill that is before us I think puts not have been possible without the surviving because it is a great company $114 billion in the trust fund. I would work and the vision of Senator Gaylord and it is still a world leader, but $400 be willing to continue to work on this Nelson. million out of a bottom line of a com- point and see if we can get that money That vision is still necessary today pany that never made the product, that up higher. I am willing to look at all as we struggle to complete the work owned it for 90 days and sold it as soon sorts of aspects of this bill to see if we Gaylord Nelson started in 1970. Con- as they could find a buyer. They never can find a way to create a system to gress and the administration still must operated the business and they still help people who are sick in this coun- address arsenic in the water, mercury have tens of thousands of claims out- try as a result of exposure to asbestos in the air, and the impact of outdated standing. This is wrong. If you want to and stop the bleeding of these people— coal-burning powerplants, just to name talk about hurting manufacturers, I the bleeding of these people—by per- a few outstanding environmental prob- would like someone on the other side sonal injury lawyers who care more lems. to stand up and say how this is fair to about their bottom line than helping Gaylord Nelson’s dream is not yet a manufacturing. people who are sick. If they really were reality, but it is worth fighting for, as By the way, most of these claims and concerned about people who are sick, is so much Gaylord Nelson has cham- most of the money being paid out is there would not be tens of thousands of pioned. going to lawyers, not people who are cases being filed in America today by Senator NELSON entered public serv- sick. Most of the claims are going to people who are not sick because that ice in 1948 after serving 4 years in the

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.010 S22PT1 S4242 CONGRESSIONAL RECORD — SENATE April 22, 2004 military during World War II. He global and long-term impact our ac- Thirty years later, elected to the Sen- served as a Wisconsin State senator, tions have on our Earth, and with that ate, my staff would tell me, Mary Governor, and then as a U.S. Senator greater awareness comes a greater re- McGrory is waiting to see you. for 18 years. As Governor, he was sponsibility to leave the planet cleaner One could not help but be drawn to known for conservation efforts and pre- and healthier. Mary, her Irish wit, her boundless en- serving wetlands long before those Earth Day is an opportunity for ergy, even in the later years. Her blunt causes became popular nationally. As a Members of Congress to recommit our- criticism of hypocrisy and venality Senator, he built on his environmental selves to that goal, and Earth Day is a were a joy to witness. reputation to further issues, including day to thank Gaylord Nelson for focus- It was my good fortune to be a mem- the preservation of the Appalachian ing us on how we impact the environ- ber of Mary McGrory’s ‘‘fruitcake Trail corridor and the creation of a na- ment that sustains us and the legacy club.’’ It was a loose conspiracy drawn tional trail system. we owe to the generations that follow together for dinner at Mary’s home at While he left the Government in 1981, us. least once a year to celebrate the much Gaylord Nelson never stopped fighting Thank you, Madam President. I yield honored but seldom eaten fruitcake for the environment. He joined the Wil- the floor. which Senator Max Cleland sent to derness Society where he has worked The PRESIDING OFFICER. The Sen- Mary at Christmas. We would all arrive tirelessly ever since. Even today at age ator from Nevada. late after votes on the House and Sen- 87, he is an active advocate for fragile Mr. REID. Madam President, there is ate floor—Max Cleland, Congress- lands around the country. no one here from the majority. I know woman Louise Slaughter of New York, This year, Earth Day is a reminder of this is time that has been set aside for Phil and Melanne Verveer, longtime how much progress we have made and morning business, and we have as- friends and a few new aspirants to the how much further we have yet to go. In signed speakers on this side. Senator club. What followed were endless the 1970s, the symbol of environmental DURBIN came over early this morning rounds of wine and a beef roast that al- decay was the burning Cuyahoga River, and expressed a desire to speak regard- ways seemed to need a return trip to a waterway turned into a drainage ing Mary McGrory, who was a friend of the oven. ditch for industry. While Cleveland suf- a number of people in this body and After dinner, we would move to the fered much ridicule for that ecological thousands of people around the coun- living room surrounded by the memen- disaster, they were not alone. At that try. Senator DORGAN also came here to tos of Mary’s storied career, reminders time, our natural resources were being speak on her behalf. We have some of her proud mention on Richard Nix- squandered and scarred in community extra time now. on’s enemy’s list, rollcalls from the after community. Since there is no one here—and if the Watergate hearing and more. Over her Today such obvious examples of irre- majority needs additional time, we will desk, where she sat down to write at sponsibility are harder to find. Now we give that to them—I ask unanimous home, was a poem by her beloved W B. struggle with pollution that is more consent that there be an additional 10 Yeats entitled ‘‘Adam’s Curse.’’ diffuse and harder to track, but still minutes in morning business so that I spotted it and started to read it one dangerous. In Wisconsin, our northern Senators on this side may speak about evening at the party, and Mary saw lakes contain so much mercury the fish Mary McGrory. We also add that time me. She walked over and recited from caught there are often unsafe to eat. in morning business for the majority. memory this part of the poem: And in the southeastern part of my That will be an additional 20 minutes Better go down upon your marrow-bones State, the air is contaminated with if, in fact, the majority wants that And scrub a kitchen pavement, or break pollutants, many of which traveled time. stones hundreds of miles before impacting our The PRESIDING OFFICER. Without Like an old pauper, in all kinds of weather; environment. objection, it is so ordered. For to articulate sweet sounds together Challenges such as these require ev- The Senator from Illinois. Is to work harder than all these, and yet eryone in the region, the country, and Be thought an idler by the noisy set Mr. DURBIN. I thank the Chair. Of bankers, schoolmasters and clergymen even the world to work together to f The martyrs call the world. lower emissions and limit discharge. Mary McGrory understood the bur- Global connectedness was what the TRIBUTE TO MARY McGRORY den of good writing. Yeats tells us in original Earth Day was all about, and Mr. DURBIN. Madam President, I this poem that producing something that message still needs to be heard thank the Senator from Nevada for beautiful is not easy, though it has the today. Gaylord Nelson wanted us all to trying to accommodate a number of us curse of looking easy. Mary McGrory realize we could not escape the con- who are anxious to come to the floor did indeed make it look easy. Mary’s sequences of pollution by burying our and say a few words about a great poetry and beauty were shared in her garbage somewhere else or sending it woman. word and in her life, and many of us up ever taller smokestacks. America lost one of its greatest jour- were blessed to be a very small part of Earth Day also reminds us we need to nalists last night. Washington Post it. work internationally. We need to en- columnist Mary McGrory filed her last Before she was cruelly silenced by a gage developing economies, such as story at George Washington Hospital. stroke last year, Mary would write and China, India, and Russia, to head off Mary McGrory has been described by speak with the emotion of a poet’s major environmental disasters. We are her peers as a ‘‘luminous writer,’’ ‘‘the heart. I recall our last dinner when she not on this planet alone, and we can no clearest thinker in the business,’’ ‘‘a turned and recited to me one of her fa- longer pretend environmental damage pioneering force in today’s jour- vorite poems by William Butler Yeats. around the globe does not come back to nalism,’’ ‘‘a lyrical writer.’’ It is entitled ‘‘When You Are Old.’’ haunt us here at home. Senator Nelson She hailed from the same understood that lesson almost 40 years Irish roots as Tip O’Neill. She found When you are old and grey and full of sleep, the love of her life in the written word. And nodding by the fire, take down this ago, and he has been teaching it to the book, rest of us ever since. She made it to the top in a man’s world And slowly read, and dream of the soft look We have made progress in heeding of reporting and sharp-elbow politics. Your eyes had once, and of their shadows Gaylord Nelson’s call to action over There are those who ply their journal- deep; the last 34 years. Water quality is bet- istic trade with blunt instruments and How many loved your moments of glad ter off than it was in 1970. Many dan- short-lived prose, but there are a few grace, gerous toxins are off the market, and who make their word march and sing. And loved your beauty with love false or some large environmental disasters of Mary McGrory was one of those few. true, the past are clean today. But we cer- I first heard her name 38 years ago But one man loved the pilgrim soul in you, And loved the sorrows of your changing face; tainly are not ready to declare we do when I was a college intern in the Sen- And bending down beside the glowing bars, not need Earth Day anymore, and we ate. I can recall Senator Paul Douglas’ Murmur, a little sadly, how Love fled are not ready to let Gaylord Nelson re- personal secretary telling the Senator And paced upon the mountains overhead tire. We are more aware today of the Mary McGrory was waiting to see him. And hid his face amid a crowd of stars.

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.013 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4243 In the clear night sky over our Na- McGrory belongs among them. She will Mary was never one to beat around tion’s Capital there will always be one always be remembered and respected the bush in her writing. You always bright star called Mary. for her keen intellect, her deep alle- knew where she stood. Her no-nonsense I yield the floor. giance to the truth, her unquestioned approach could delight those who The PRESIDING OFFICER. The Sen- integrity, her respect for principled agreed with her, and infuriate those ator from Nevada. leadership, as well as her impatience who did not. But regardless of whether Mr. REID. I personally express my for empty policies and hollow politics. you were on her side or not, Mary appreciation to Senator DURBIN for his Mary loved the issues, but she also McGrory earned your respect. remarkable words on behalf of a tre- loved her flowers and she loved to I was fortunate to experience not mendously interesting woman. I did quote the poet Yeats. She was steeped only Mary’s writing, but her singular not know Mary McGrory when she was with a keen sense of the levity of life, personality. She was truly someone a young woman; I only knew her when and she held everyone she met to the who enjoyed life and tried to squeeze she was an older woman. She would same high standards that she expected every last drop out of it. come to my office and say: You have for herself. No other journalist could I would like to share a few thoughts got more to tell me than that. cut to the heart of a complicated issue on Mary from some of her colleagues: She was a wonderful person, and I as quickly or as beautifully as Mary David Broder of was a newcomer to her fruitcake soci- McGrory could. Millions across the Na- said: ety gatherings, but I do say that one of tion eagerly looked for her writings, If you traveled with Mary, you watched a the things that did break her heart was and the glow of her morning columns consummate craftsman hard at work, an the defeat of Max Cleland. She talked could last the entire day. I often interviewer whose soft purr put citizens at to me about that more than she talked thought she should win a Pulitzer Prize ease and disarmed the most hard-shelled old to me about many other things. She every year. pols. She talked with everyone, and every- cared a great deal about Max, and of all Vicky and I had the chance to visit one, great and small, wanted to talk with of the unfairness in life that she had with Mary last month. We were sad- her. seen that was at the top of her list. dened by her long illness, but she re- Leonard Downie, Jr., the Executive Mary McGrory is somebody who mained the same beautiful, inquisitive, Editor of the Washington Post: stood for fairness. A lot of people in the insightful, and full-of-life Mary to the Mary was simply one of the best opinion world are for fairness and level playing very end. We’ll miss her very much. We columnists of her time. fields, but very few people are gifted. love you, Mary, and we always will. Maureen Dowd of the New York She was gifted. There are gifted ath- Mr. DODD. Madam President, it is Times called Mary: letes in the world. She was a gifted with a great deal of sadness that I rise the most luminous writer and clearest think- writer. She could write and you would in memory of an outstanding journalist er in the business. say to yourself, that is how I feel, why and a good friend, Mary McGrory, who Finally, Brian McGrory of the Boston can I not express it the way she does? passed away last night at the age of 85. Globe, who is also Mary’s cousin, de- I will miss Mary very much. She was Mary was truly one of the most ac- scribed Mary’s life as: a wonderful woman, someone I will al- complished journalists of our time. She one of the most important, colorful, and en- ways remember as a person who not was a real news reporter—one who during newspaper careers that the American only believed in level playing fields but spent enormous amounts of time and public has had the pleasure to read. created many level playing fields dur- energy getting to the bottom of a I mourn Mary’s passing. But I also ing her lifetime. story, and then spent hours more put- celebrate her life. She was truly an The PRESIDING OFFICER. The Sen- ting it into the right words. With her outstanding reporter and writer, and a ator from Utah. trademark wit and Pulitzer-Prize win- remarkable human being. We will all Mr. HATCH. Madam President, Mary ning prose, Mary McGrory helped mil- miss her very much. McGrory was not always easy on me. In lions of Americans understand some of Mr. REID. Madam President, I sug- fact, sometimes I thought she was a the most significant events of the past gest the absence of a quorum. little tough on me. On the other hand, 50 years—from the McCarthy hearings, The PRESIDING OFFICER. The I have to acknowledge she was a great the Kennedy assassination, and Water- clerk will call the roll. writer. I enjoyed her personally. We gate to the attacks of September 11 The assistant legislative clerk pro- had a number of conversations where and the buildup to the war in Iraq. ceeded to call the roll. we had very pleasant exchanges. She began her career in journalism Mr. REID. Madam President, I ask There is no question she was truly writing book reviews and other pieces unanimous consent that the order for one of the most important journalists for the Boston Herald-Traveler. In 1947, the quorum call be rescinded. in this town. She was critical to the she transferred to the Washington The PRESIDING OFFICER. Without Washington Post. She believed what Star, and it was there that she made objection, it is so ordered. she did, she believed what she wrote, her mark as a reporter. She remained Mr. REID. Madam President, I ask and she wrote well and set journalistic at the Star until the paper shut down unanimous consent that the time on standards for many young journalists in 1981. From then on, she wrote for the the quorum call run equally against to follow. Washington Post for over two decades. both sides. I personally respected her and am The only thing that could stop Mary The PRESIDING OFFICER. Without grieved at her death. It was not unex- from writing was the stroke she suf- objection, it is so ordered. pected. We know she had some difficul- fered a little over a year ago. Mr. REID. I suggest the absence of a ties over the last few years. But I, for Mary’s skill, integrity, and relentless quorum. one, will grieve at her death. effort won her tremendous esteem from The PRESIDING OFFICER. The Mr. KENNEDY. Madam President, her colleagues, as well as from the pub- clerk will call the roll. the Kennedy family, the city, and the lic figures whose lives and actions she The assistant legislative clerk pro- nation lost a respected and valued detailed. Mary broke into a field that ceeded to call the roll. friend yesterday with the passing of was very much a man’s world, and she Mr. DORGAN. Madam President, I Mary McGrory. established herself as one of its giants. ask unanimous consent the order for My brothers, Jack and Bobby, ad- Her stature was clear to anyone who the quorum call be rescinded. mired her, as America does and did. ever saw her during a political cam- The PRESIDING OFFICER. Without Mary was Boston Irish to the core. Bos- paign, when fellow reporters and even objection, it is so ordered. ton is proud of its many sons and the candidates themselves would lit- Mr. DORGAN. How much time re- daughters who have played a role in erally carry her bags. mains in morning business on our side? the country’s life, and Mary McGrory Mary came from the old school of re- The PRESIDING OFFICER. There was certainly in our nation’s Hall of porting. During her later years, while are 281⁄2 minutes remaining. Fame as one of the all-time greats in many of her younger colleagues trav- Mr. DORGAN. Let me yield as much journalism. eled with laptops, digital recorders, time as I may consume to myself. Here in the Nation’s Capital, in this and cell phones, Mary made do with The PRESIDING OFFICER. Without city of America’s monuments, Mary her pen and notebook. objection, it is so ordered.

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.015 S22PT1 S4244 CONGRESSIONAL RECORD — SENATE April 22, 2004 Mr. DORGAN. This morning’s news is great liberal columnist, surely the most ele- Earth to produce the wealth of the very sad news for those of us who knew gant newspaper writer Americans have read country. and loved Mary McGrory, one of the over the past half-century, has been ill since Anyway, every year about this time wonderful writers of our age, one of the last March and recently accepted the gen- they always release the index of lead- erous buyout offer given to veteran employ- really interesting thinkers and warm ees by the Post. Incomprehensible as it ing environmental indicators, which and wonderful human beings. Accord- seems, she has finished her journalistic ca- gives us an overall measuring stick on ing to the news reports, she died last reer. how good or how bad we are doing in evening at a hospital here in Wash- Then David Broder, in his own inimi- dealing with the environment. This ington, DC. table style, describes Mary McGrory. press release came out of San Fran- I wrote her a letter some months ago I think of Mary McGrory. I think of cisco. It is released by a group that is telling Mary, after she had fallen ill: not just seeing her here in the Capitol, a think tank in Bozeman, MT. They I have been waiting and hoping that I may or having lunch with Mary, I think of brought out some information that we again see your byline in the Washington the questions she would ask politi- tend to forget when we talk about the Post. I remain hopeful that we will once cians. I was on the receiving end of a environment. Steven Hayward wrote again be able to start the day by reading a the press release. Of course we are Mary McGrory column and then shaking our number of those questions: Always coming from the oblique, always a bit doing better than a lot of people think fist in the air, shouting: Yes that is what I we are doing. should have said. different, from a slightly different angle, always from a slightly different Environmental quality is improving Mary never did get back to work. Her steadily, in some cases dramatically, column never again appeared. But this perspective. Often they were the ques- tions others didn’t ask or wouldn’t ask. in key areas with which we try to deal. Capitol Building, the op-ed pages of the Vehicle emissions are dropping about Washington Post, and political dis- She had a very inquiring mind and she had a wonderful ability to write. 10 percent per year as the fleet turns course in this country for 50 years have over to inherently cleaner vehicles, in- been affected by what Mary thought, So we will no longer be blessed with the presence of Mary McGrory here in cluding SUVs. We are making progress. what Mary said, and what Mary wrote. Ninety-four percent of the population She was quite a remarkable person. this Capitol Building and in this Cap- itol of the United States, covering the is served by water systems that have She won a Pulitzer Prize. She covered reported no violation of any health- the major events for over 50 years, and major events, which she started doing 50 years ago in the McCarthy hearings. based standards. she wrote columns using words that We are getting better in trying to But she will be in our thoughts forever. were extraordinary. She would find provide clean water for our citizens. My thoughts and prayers go out to ways to say things that most of us are There has been a 55-percent decline in Mary’s relatives. at a loss to explain. toxic releases since 1988 even while I attended a service once at which Often in the morning I would open total output of industries covered by Senator BYRD spoke. He finished with a the newspaper to see the Mary this measurement has increased 40 per- quote from Thomas Moore. The last McGrory column and think how won- cent. We are making progress. That is two lines were: derfully she wrote. More than that, she dramatic progress as far as quality is was also a very special friend to many You can shatter, you can break the vase if concerned. you will, of us, in many ways. She would stand Despite most popular assumptions, outside this Chamber, sometimes early But the scent of the roses will hang round it still. U.S. air quality tends to be found at in the morning, sometimes late at least equal, if not slightly better, than Although Mary has passed and all of night, and she would get the story. She in Europe. It seems we have a lot of us are saddened by the loss of a friend would do the hard work, ask the ques- people who distract and criticize us for and America has lost one of the great tions, follow people until she got an- our environmental policies. swers, and then she would write her writers in the last half century, Mary This year’s index includes a list of column. Her cousin, Brian McGrory, will remain with us forever. the media’s best environmental report- wrote a piece that appeared in the Bos- I yield the floor. ing on that, which includes the Boston ton Globe and the Washington Post The PRESIDING OFFICER. The Sen- Globe, the Washington Post, the Atlan- about Mary. He probably describes her ator from Montana. tic Monthly, the New York Times, the best, and in many ways brings a smile Mr. BURNS. It is my understanding Los Angeles Times, the New Republic, to those of us who knew Mary. He said: we are still in morning business and we and . have about 5 or 6 minutes remaining on While most Washington pundits closet In other words, all of these folks have themselves with their own profound our side? earned their spurs, so to speak, in thoughts, interrupted only by lunch at the The PRESIDING OFFICER. There keeping the public informed on such Palm with the Secretary of Something, Mary are 18 minutes remaining. matters. employs old-fashioned tools: a sensible pair Mr. BURNS. I ask unanimous consent There have also been notable im- of shoes, a Bic, and a notebook. She haunts that I may proceed and use that time provements in our Government report- congressional hearings. She sits with the un- up. ing with the EPA’s first ever composite washed in the back of the White House brief- The PRESIDING OFFICER. The Sen- ing room. on national trends and State-based ini- ator from Nevada. tiatives to improve water quality re- He also said at the end of his arti- Mr. REID. I say to my friend from cle—this is an article that was written porting and monitoring. Montana, that is true. We extended Private conservation efforts, such as last November when Mary was ill: your side an additional 10 minutes. Ducks Unlimited, and private water Hers is a world of soft irony. She checks Your time was gone, but now you have trusts have been highly successful as into elaborate spas in Italy every year, but additional time. As to when it is used while there, always gains a few pounds. She reported this year. now—you were to get the first half; we The index reports one of the few was audited by the Nixon administration and were to get the second half. It is kind got a refund. At a stiff Washington party she areas to show a decline in the quality once whispered to me, ‘‘Always approach the of a jump ball right now, so you have is that of public lands. While funding shrimp bowl like you own it.’’ the floor for 111⁄2 minutes. and land allotments have increased, Mary McGrory was a wonderful f quality has deteriorated by the most human being with a great sense of significant measures. The root of the EARTH DAY humor. But she wrote like the wind. I problem is excess of political manage- wish I could again see her byline. David Mr. BURNS. Madam President, I ment, and the answer can be found in Broder in January wrote a wonderful thank my friend from Nevada and my innovative solutions such as land piece about Mary Mack. He began: good friend from Vermont. Today is trusts and resource leases. I am headed out this week for my 12th Earth Day. Of course, most of us who This year’s index includes a special presidential campaign, but unlike the first are involved in agriculture, we don’t section comparing quality between the 11, I will not have the company of my favor- set aside one specific day. Every day is U.S. and Europe. We are winning that ite traveling companion, Mary McGrory. The Earth Day for those of us who use the also.

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.019 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4245 The other ways: ‘‘Doomsaying and know-nothingism get predecessor, the senior Senator from Doomsaying and know-nothingism gets better headlines and work well for direct- Vermont, Bob Stafford, was one of better headlines and work well for direct- mail fundraising,’’ said lead author Steven those leaders. mail fundraising . . . but a serious look at Hayward, ‘‘but a serious look at the data You would think of all acts, one that helps us appreciate how far we’ve come, and the data helps us to appreciate how far we’ve would be put together by Republicans come, and helps us set priorities for the next helps set priorities for the next generation of generation of environmental activism. environmental activism.’’ and Democrats would be safe from as- sault by this Administration. That is Whenever we hear a lot of Mr. BURNS. Madam President, I not the case. yield the floor. I thank the Senator doomsaying that we are doing very By stealthy executive fiat, the Ad- badly, the scorecard reports to us over- from Vermont. ministration has dismantled the Clean all a different kind of story. The only The PRESIDING OFFICER. The Sen- Air Act bit by bit to let polluting in- place we are not making any improve- ator from Vermont. dustries off the hook when it comes to ments at all is on the lands the Federal f cleaning up dirty coal-fired power- Government manages, not the land that is managed in the private sector. MARY MCGRORY plants that each year belch hundreds of thousands of tons of soot and toxic pol- I ask unanimous consent the entire Mr. LEAHY. Madam President, as I text of the press release be printed in lutants—pollutants like mercury. came on the floor, I heard a discussion The administration’s actions to re- the RECORD. of several Senators about the passing There being no objection, the mate- treat from strong mercury controls, to of Mary McGrory. undermine current lawsuits against the rial was ordered to be printed in the The distinguished senior Senator RECORD, as follows: biggest utility companies, and to allow from Utah, who is now on the floor, and new coal-fired powerplants to be built EARTH DAY IS CAUSE FOR CELEBRATION: I were talking to editors and others at ENVIRONMENTAL TRENDS MOSTLY POSITIVE without the best controls amounts to a a press gathering in Washington this (By Steven Hayward, with Michael De Alessi, triple whammy for public health and Holly L. Fretwell, Brent Haglund, Joel morning. I mentioned Mary McGrory the environment. Schwartz, Ryan Stowers, and Sam at the beginning of that. We often speak about being family Thernstrom) When Marcelle and I first came to friendly in this body. How do we tell a SAN FRANCISCO.—The ninth annual Index of Washington, Mary was one of the first pregnant mother or a parent with Leading Environmental Indicators, released people we met. I always enjoyed my small children how family friendly it is today by the Pacific Research Institute and time with her. She was a great writer to allow more mercury into our air and the American Enterprise Institute, shows with searching questions, and did not into our water and the fish we eat. that the environment continues to be Amer- suffer fools idly. She was very quick ica’s single greatest policy success. Environ- When the Clean Air Act was passed, mental quality has improved so much, in and very able in deflating those who Congress gave coal-fired powerplants a fact, that it is nearly impossible to paint a had inflated themselves far beyond grace period to either clean up or shut grim, gloom-and-doom picture anymore. what they deserved. down. At the end of the Clinton admin- Environmental quality is improving stead- She also helped so many people. I re- istration, we were making real ily and in some cases dramatically in key member the girl from an orphanage she progress toward meeting that goal. areas: Average vehicle emissions are drop- helped, referring to her as ‘‘Mary ping about 10 percent per year as the fleet States such as my State of Vermont, turns over to inherently cleaner vehicles, in- McGlory.’’ Indeed, she has gone to her which have been the dumping ground cluding modern SUVs; ninety-four percent of own glory now, but she made it pos- for toxic pollutants like mercury for the population is served by water systems sible for some others. decades, were finally going to get some that have reported no violations of any She was a remarkable person, a re- relief. But, unfortunately, the only health-based standards; there has been a 55- markable person who will not be people letting out a sigh of relief now percent decline in toxic releases since 1988, matched. There will be many others are the CEOs and corporate attorneys even while total output of the industries cov- who will carry the banner, but none ered by this measurement has increased 40 in the boardrooms of multibillion dol- percent; and despite most popular assump- will do it with her ability. lar energy companies. They are the tions, U.S. air quality trends are found to be I also liked the fact every time she only ones celebrating this Earth Day. at least equal, if not slightly better, than in would take a vacation in Italy she Despite all of the administration’s Europe. would come and chat with me about it. public relations tactics, I believe the This year’s Index includes a list of the me- My mother’s family is still in Italy. We American people are catching on, and dia’s best environmental reporting. Featured would discuss favorite recipes, notwith- outlets include Boston Globe, Washington enough is enough. To date, this Admin- Post, Atlantic Monthly, New York Times, standing our Irish names. istration has made well over 300 Los Angeles Times, The New Republic, and f rollbacks to our environmental protec- Wall Street Journal. tions. Think of that, three years in of- EARTH DAY There have also been notable improve- fice and they have had 300 rollbacks of ments in government reporting, with the Mr. LEAHY. Madam President, Earth our environmental laws. EPA’s first-ever composite on national Day usually marks the beginning of trends and state-based initiatives to improve There is certainly a lot about which water-quality monitoring. the President’s and his green team’s the American people should be out- Private conservation efforts, such as migration out to our Nation’s parks, raged. But I think it is important to Ducks Unlimited and the Peregrine Fund, forests, and wildlife refuges. take note of the strong bipartisan and and private water trusts have been highly Since this is an election year, I am growing outcry about the Administra- successful. sure they are ramping up their efforts And recent findings in climate-change tion’s latest retreat from the Clean Air science also give reason for hope. Because to greenwash their environmental Act in the form of its mercury pro- the climate models have been based on record with very nice photo ops. posal. flawed economic assumptions, there is even Greenwash, like whitewash, doesn’t Senators SNOWE, JEFFORDS, DAYTON, greater uncertainty now in the range of CO2 stick. You have only to open the daily and I were joined by 41 other Senators emissions projections. This means the prog- newspaper to see the laserlike focus in calling on the administration to nosis is probably not as grim as conventional the Bush administration has taken to withdraw its mercury proposal. The wisdom would have us believe. rolling back our environmental laws, The Index shows that one of the few areas concerns are building so swiftly they to show a decline in quality is that of public and while doing so rewarding special may soon reach critical mass. lands. While funding and land allotments interests and corporate polluters. The Look at this map. It gives some indi- have increased, quality has deteriorated by starkest example is their outright as- cation why the concerns are so great most significant measures. The root of the sault on the most bipartisan environ- and why the objections are bipartisan. problem is an excess of political manage- mental law of the 20th century, the This is the Environmental Protection ment, and the answer can be found in inno- Clean Air Act. I say bipartisan because Agency’s own map: ‘‘Mercury Deposi- vative solutions such as land trusts and re- leading Republicans and leading Demo- tion in the United States.’’ source leases. This year’s Index also includes a special crats across the political spectrum, in This is the Canadian border along section comparing air quality in the U.S. and the House and in the Senate, came to- here. Look how the mercury, because Europe. gether to pass the Clean Air Act. My they are willing to violate and allow

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.022 S22PT1 S4246 CONGRESSIONAL RECORD — SENATE April 22, 2004 violations of the Clean Air Act, comes cury levels above what EPA considers If coal really is making a come back, across. Look how it inundates the safe has doubled. Apparently, the ad- as people predict, we should ensure it is States in this area. My own State of ministration does not want the public not at the expense of our health and Vermont is basically hidden under the to know that their mercury proposal environment. On every front, the Bush deepest red of mercury pollution on the does not go far enough fast enough to administration is selling American chart. protect mothers and newborns from technology and American ingenuity The new EPA proposal to reduce mer- mercury. short. The administrations is setting cury emissions was supposed to bring The same strategy is to ignore career the bar way too low, and they have set the powerplants into the 21st century staff and public health experts in the the clock for far too long. The tech- and clean up their emissions. It does administration’s proposal to write a nology exists to go much further. The not do that. It falls short of what is giant loophole into the Clean Air Act administration needs to start putting necessary and falls far short of what is New Source Review, called NSR. For the public interest ahead of special in- possible. anyone who has not seen it, I suggest a terests and tell the industry to use it. Despite the Administration’s best ef- careful reading of the New York Times Just think of that, putting the public forts to use every tactic in its public magazine article from several week- interest ahead of special interest. What relations arsenal to convince Ameri- ends ago titled ‘‘Up In Smoke’’ to see a novel idea. If we did that, the Amer- cans more mercury in the water, food, how the Bush administration strategi- ican people would much better served. and environment over a long period of cally placed industry lawyers in key I hope the administration will with- time is the best we can do, it is not positions at EPA, spending the last few draw its industry-ghostwritten, sci- working. years helping the biggest utility com- entifically unjustifiable mercury rule, In the last 2 months, much has come panies in the country get off the legal withdraw its NSR policy and drop to light about the Administration’s hook of pollution control plans. They plans to allow new powerplants to be close collusion with polluting indus- put the fox in to guard the henhouse. built without the best environmental tries and devising its policy on mer- They have said to industry—and these controls. I worry that the industry cury. The lobbyists from the industry are industries that contributed might- stalwarts within the administration sent their proposal to the Administra- ily to this administration—they have will continue with their schemes to let tion. The Administration does not even said: We will set aside the nonpartisan corporate polluters off the hook. pretend to look at this scientifically or nonpolitical scientists; we will set Remember, this is the same White be independent. They just take it ver- aside the people whose sworn duty is to House that tried to put more arsenic in batim. They might as well have kept be here to protect the American public; our drinking water. The American peo- the letterheads from some of these we will put your lawyers in place, and ple know their real slogan is, ‘‘Go companies. Instead of using the EPA we will let them write the rules for the ahead and pollute, we don’t give a hoot.’’ letterhead, they could put ‘‘Polluters rest of the country. ’R Us,’’ or whatever industry sent to I yield the floor. Agency experts repeatedly warned Mr. HATCH. What is the parliamen- them. There are 20 examples where in- the political appointees at the EPA tary situation? dustry helped ghostwrite the mercury that through new policy, this new NSR The PRESIDING OFFICER. There proposal. policy would undercut the lawsuits. are 31⁄2 minutes on the majority side In a way, it is almost humorous that And they went even further. They for morning business. they would be so blatant about turning gave industry even more than they The PRESIDING OFFICER (Mr. EN- this over to the polluters, except that asked for and now industry attorneys SIGN). The Senator from Utah. it suggests a very serious breach of the are going to court where cases have f public rulemaking process and under- been brought and are saying they mines the public trust in EPA’s ability should be dismissed because of the ad- PRO-ENVIRONMENT to be an independent decision-maker ministration’s actions. This is a very ADMINISTRATION and perform its mission to protect real problem in States like mine, if you Mr. HATCH. Mr. President, I do not human health and safeguard the nat- are downwind. know how anybody can walk on the ural environment. If Government wins the NSR cases Senate floor and say Republicans—any This Administration has a credibility despite the administration’s back-door Republicans or Democrats—are not for problem about its approach to the tactics and hundreds of thousands of the environment. Clean Air Act and to mercury pollu- tons of toxic pollutants will be cut. Now, I have to say we from the West tion. New warnings about mercury risk Unfortunately, the Bush administra- understand the importance of bal- from tuna, increasing numbers of preg- tion is not satisfied. Retreating from ancing the environment with jobs and nant women with mercury levels above strong mercury controls, undermining families and opportunities. I think we safe levels, more newborns being born the NSR cases, is not enough. We now do a pretty good job. We have to con- with high mercury levels, all are add- have reports that say the administra- tinue to be vigilant about the environ- ing up to widespread and growing pub- tion is considering new guidelines to ment. But I think to try to make the lic demand for prompt action. We know States to limit their ability to require case that this administration is anti- from reports in the New York Times that new coal-fired plants use the best environment is not only a stretch, it is that the Bush administration employed available technology to reduce emis- false. a favorite tactic of sweeping science sions. That should set off alarm bells in This administration is pro-environ- under the rug when it was drafting the the Northeast. ment, but it is also pro-jobs, pro-fam- mercury proposal. This chart shows where new proposed ily, pro-geographical areas, pro-West, But we cannot ignore the facts. This plants are. The power industry has and pro-proper utilization of Federal chart shows the estimates of newborn plans to build nearly 100 new coal-fired lands—almost all of which the environ- children and women with unsafe mer- powerplants in the United States over mental extremists decry. cury blood levels. They have doubled. the next 10 years, but the administra- To accuse the administration of put- These are some of the estimates from tion is trying to make darn sure they ting arsenic in the water or being part EPA scientists about which the White do not have to put in the kind of tech- of something that puts arsenic in the House wished the American people did nology necessary to cut pollutants. water is, I think, beyond the pale. The not know. These plants, located mostly in the fact is, in many municipalities and Anyone who has children or grand- Midwest and Great Lakes, will add towns the small bits of arsenic in the children should worry about this issue. thousands of pounds of new pollutants water are not dangerous, according to Anybody who is expecting a child to our Nation’s air. the EPA and others, but the costs of should worry about what this adminis- Over the last several decades, we trying to change their water systems tration is doing. Anybody who has have learned what comes out of the are so exorbitant they could not exist young children should worry about plants ends up in the lakes, rivers, and as towns. what they are doing. The estimate of streams, as well as the food supplies of Nobody wants any dilatory substance women of childbearing age with mer- the children in the Northeast. in our water. In fact, for years this

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.024 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4247 town has been run by people from both ticular asbestos products. The memo- Still another aspect of the Dallas Ob- parties, and, of course, we know the randum seems to make every effort to server investigation into the Baron water in this town has all kinds of instruct clients to assert particular firm’s handling of asbestos cases re- problems. Yet this is the greatest city points that will act to increase the vealed a process that put a premium on in the world. So I think it is basically value of their claim, without regard to schooling claimants by planting the a stretch and an exaggeration and, of whether those assertions are actually right bits of information in their course, a seizure of political oppor- true. The memorandum even goes so heads. tunity to criticize this administration far as to inform clients that a defense As the Dallas Observer reported: environmentally in the way some of attorney will have no way of knowing my colleagues have chosen to do. whether they are lying about their ex- A paralegal says that in many cases, the client had no specific recollection of some f posure to particular asbestos products. products before she interviewed them. ‘‘My One excerpt from the memorandum original caseload was a thousand, but I CONCLUSION OF MORNING appears to help claimants identify de- BUSINESS didn’t interview that many people. It was in fendant companies and prepares them the hundreds. I’d say that probably in 75 per- The PRESIDING OFFICER. Morning for a cross-examination that could re- cent of those cases I had people identify at business is closed. veal how flimsy their claim might be. least one product they couldn’t recall origi- f It reads as follows. This is from the nally.’’ Baron & Budd memo ‘‘Preparing for FAIRNESS IN ASBESTOS INJURY Now, manipulation of claimant Your Deposition’’: RESOLUTION ACT OF 2004—MO- memories and stories appear to have TION TO PROCEED You may be asked how you are able to re- gone beyond implanting valuable facts call so many product names. The best answer to improve their claims. The Dallas Ob- The PRESIDING OFFICER. Under is to say that you recall seeing the names on server found that the Baron law firm the previous order, the Senate will re- the containers or on the product itself. The also conveniently helped claimants more you thought about it, the more you re- sume consideration of the motion to eliminate facts from their stories proceed to S. 2290, which the clerk will membered! If the defense attorney asks you if you were shown pictures of products, wait where that would suit their purpose. report. The Observer reported the following: The assistant legislative clerk read for your attorney to advise you to answer, then say a girl from Baron & Budd showed as follows: According to the paralegals, their job you pictures of MANY products, and you didn’t stop with implanting memories; there A motion to proceed to the bill (S. 2290) to picked out the ones you remembered. were also the asbestos products they had to create a fair and efficient system to resolve Well, as you can see, that is pretty encourage clients not to recall. Two lawyers claims of victims for bodily injury caused by told her to discourage identification of asbestos exposure, and for other purposes. serious. Another excerpt from the memorandum steers claimants away Johns-Manville products because the Man- The PRESIDING OFFICER. Under from admissions that would undermine ville Trust was not paying claims rendered the previous order, there will be 60 their claims. On this point, the memo- against it at the time. ... Thus, when a client would say he saw, for instance, a Johns-Man- minutes for debate equally divided be- randum equips witnesses with the fol- tween the chairman and ranking mem- ville pipe covering, the paralegal says, she lowing admonition. Again, from the would hand them a line. ‘‘You’d say, ‘You ber of the Judiciary Committee or Baron & Budd memo—one of the lead- their designees. know, we’ve talked to some other people, ing firms in these asbestos plaintiffs other witnesses, and they recall working The Senator from Utah. cases, to which more than $20 billion in with Owens-Corning Kaylo. Don’t you think Mr. HATCH. Mr. President, my col- fees—that is with a ‘‘B’’—have been you saw that?’ And they’d say, ‘Yeah, maybe leagues and I have been talking all given. Here is this counseling or coach- you’re right.’’’ week about the long overdue reforms ing. Here is what this law firm memo- Finally, another document obtained that the Hatch-Frist-Miller bill will de- randum said: by the Observer consisted of hand- liver. You will be asked if you ever saw any I think it is clear to anybody that as- written notes apparently taken by a WARNING labels on containers of asbestos. Baron & Budd attorney during an in- bestos litigation has been spinning out It is important to maintain that you NEVER of control with no end in sight for far ternal training session. I will just say saw any labels on asbestos products that said these are the things that are wrong too long. The shortcomings of the cur- WARNING or DANGER. with asbestos litigation. Is this coun- rent system are crippling businesses, Finally, apparently to drive home and, at the same time, depriving asbes- seling or coaching? The memorandum the point that cross-examination may states: ‘‘Warn plaintiffs not to say you tos victims of prompt and adequate be of little value in certain cir- compensation for their injuries. were around it—even if you were—after cumstances, the memorandum advises you knew it was dangerous.’’ One of the most outrageous aspects claimants as follows—again, the same of the current asbestos litigation sys- law firm: These practices, if they indeed took place—and I hope they did not take tem is that it allows—indeed, encour- Keep in mind that these [defense] attor- ages—some lawyers of questionable neys are very young and WERE NOT place in the way the Dallas Observer ethics to find and bring claims that PRESENT at the jobsites you worked at. described them in its investigative re- may be of questionable merit. In some They have NO RECORDS to tell them what port—distort a system that is already egregious and hopefully rare instances, products were used on a particular job, even struggling to provide fairness. If law- an entire plan of action has apparently if they act like they do. yers for purported asbestos victims evolved to track down potential claim- Law Professor Lester Brickman has coach clients to lie in this manner, ants based more upon whether they can studied the asbestos litigation process they may win some big fees for them- be properly coached to present a extensively and has written detailed selves along with some unjustified colorable claim than whether their analyses of that process. Professor awards for clients who aren’t actually claim has actual merit. Brickman reviewed the law firm’s sick, such practices have a sinister ef- For example, I am told that several memorandum and said: fect: They deprive seriously injured as- years ago, a first-year associate attor- In my opinion . . . this is subornation of bestos victims of the swift and fair re- ney at the law firm of Baron & Budd perjury. Now, after the memorandum was coveries that they deserve for their in- apparently inadvertently disclosed to discovered, the Dallas Observer conducted an juries and they cheat the payer firm defense counsel a memorandum that investigation of the Baron law firm’s asbes- out of money, they cheat employees of tos practices. That investigation appeared to provides a sad but startling insight these firms out of their jobs, and they uncover an extensive process geared toward cheat investors and individual retirees into how asbestos claims are created manipulating the asbestos litigation system. of these firms out of their investments. and spun into recoveries. As the Dallas Observer wrote: The memorandum, titled ‘‘Preparing The time to act is now. I urge my Two former paralegals . . . both say that a for Your Deposition,’’ offers clients de- client-coaching system was in place at the colleagues to vote to invoke cloture tailed instructions. They are shown firm. Workers were routinely encouraged to against the minority’s obstructive tac- how to sound credible when giving tes- remember seeing asbestos products on their tics. We owe it to these victims to put timony that they worked with par- jobs that they didn’t truly recall. a halt to these abusive practices that

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.027 S22PT1 S4248 CONGRESSIONAL RECORD — SENATE April 22, 2004 enrich the few at the expense of many fend these costly lawsuits—some of expansion has gone instead to the law- and enrich those who are not sick at which are without merit. A compelling yers. Some of them were not so vora- the expense of those who are. We owe it illustration of this epidemic is the case cious. They are defense lawyers who to hardworking Americans who stand of Monroe Rubber and Gasket, a small had to be retained under these cir- to lose their jobs and pensions because Monroe, business with only cumstances. of this asbestos mess. And we owe it to 15 remaining employees—a number For Mike Carter and the employees everyday Americans to provide them a down 33 percent since asbestos litiga- at Monroe Rubber and Gasket, the civil justice systems that works. tion began against the company just 4 issue is simple—unless we choose to Ray Klappert lives in Ft. Lauderdale, years ago. act, they will be out of work. At the FL, and is actively supporting passage Prior to 1986, Monroe Rubber and moment, most of the costs of the liti- of legislation establishing an asbestos Gasket used a compressed asbestos gation are covered by insurance, but it trust fund. His support is not sur- sheet in manufacturing its gaskets. is uncertain how long that will last. In prising given the serious asbestos Mike Carter, one of its owners, called fact, the employees don’t know who health problems he may be facing in for a thorough examination of the com- will go bankrupt first—the company or the future. Here is Ray’s story: pany’s gasket manufacturing process its insurance carrier. What they do Ray’s father, Fred Klappert, was a in order to determine whether any as- know, however, is that if we fail to act, Korean War veteran and self-employed bestos was actually released into the they will soon join thousands and thou- in the construction business. In 1973, air when this sheet was cut. The re- sands of other American workers who Fred contracted to work on the renova- sults were negative. Additionally, not a are out of work or who lost their pen- tion of the interior of a commercial single Monroe Rubber and Gasket em- sions or their health plans because of building in Miami Beach. During the ployee, including Mr. Carter, who has the nightmare of asbestos litigation. renovation, which lasted several worked around his company’s products This is not a fair and just result, and months and involved a partial demoli- for decades, has acquired an asbestos- Congress should act to rectify the situ- tion of the old building, Fred was ex- related disease. ation. posed to asbestos. In 2000, despite its decision to end the Mr. President, how much time do we Twenty-five years later, Fred practice of using any products con- have remaining on our side? Klappert developed a severe cough and taining asbestos in its gasket manufac- The PRESIDING OFFICER. Fourteen doctors eventually diagnosed him with turing process nearly fourteen years minutes. asbestosis. Fred has since passed away. earlier, Monroe Rubber and Gasket Mr. HATCH. I reserve the remainder Unfortunately, the Klapperts had no- began to be named in lawsuits on be- of my time. where to turn for help and no source half of individuals who worked at The PRESIDING OFFICER. Who from which to be compensated for their chemical plants and paper mills that yields time? The Senator from loss. used the company’s gaskets in their Vermont. Ray has since learned about the dan- own machinery. There are approxi- Mr. LEAHY. Mr. President, I am dis- gers of asbestos and has grown quite mately 75 lawsuits currently pending appointed my friends across the aisle concerned for his own health. Ray against the company. In some cases, are insisting on proceeding to this par- worked with his father on that same Monroe Rubber and Gasket is the only tisan asbestos bill. I say that because building in 1973. Ray fears he may also defendant. In others, Monroe Rubber the legislation is not ready for prime acquire an asbestos-related disease and Gasket is simply one of dozens. I time. It is not ready for floor consider- and, like his father, have nowhere to must point out that not one such law- ation. I am one who believes the Sen- turn for help. suit against Monroe Rubber and Gas- ate should pass legislation to establish An asbestos trust fund ensures a po- ket involves a current or former em- a national trust fund to compensate as- tential asbestos victim like Ray ployee of the company. Needless to say, bestos victims. Actually, I chaired the Klappert that there will still be ade- that reeks of irony. first Judiciary Committee hearing on quate compensation in the future—that Fighting these kinds of lawsuits is this subject back in September of 2002. will not be the case if asbestos litiga- cost-prohibitive, especially for a small This bill would create a trust fund tion remains our method in the tort business that is at best a peripheral de- with unfair compensation, inadequate system. If a trust is established, Ray fendant. According to Mr. Carter, as- funding, no startup protections, de- will not have to worry whether the de- bestos litigation costs his company layed sunset provisions, and major sol- fendant companies come insolvent, and more than $250,000 a year, and, if you vency problems. Despite its title, this thus the prospect of collecting pennies can believe it, not one such claim partisan bill is far from fair. on the dollar from some bankruptcy against Monroe Rubber and Gasket has It is a mistake for the Republican trust. He also knows that the legisla- actually gone to trial. In addition to leadership to insist on proceeding to a tion will ensure that if he needs it, he not including a case that has reached bill with so many major problems still will have access to medical monitoring final disposition, this cost also fails to unresolved. Again, this bill is not ready as soon as the bill is enacted. This kind include the loss of productivity result- for floor consideration. of security is essential for the peace of ing from the thousands of hours spent We did have a bipartisan dialog over mind of all future asbestos victims. on the litigation by Mr. Carter himself. the past year, and I hoped that would What is wrong with asbestos litiga- What is wrong with asbestos litiga- yield a fair and efficient compensation tion? It is running out of control and tion? Take the case of Monroe Rubber system we could in good conscience ruining our legal system. Compensa- and Gasket: The cost of litigation so offer to those suffering today from as- tion for victims such as Fred and Ray far, $250,000 a year; the lawsuits filed bestos-related diseases and also to Klappert, under the current system, against the company, 75; the workforce those victims who we know are going nothing. Under the FAIR Act, they get loss, 33 percent; the number of com- to come in the future. compensated. pany employees who are sick through- Unfortunately, the Senate majority Passage of S. 2290 will give Ray con- out eternity has been zero; the number leadership decided to walk away from fidence that help is available should he of company employees who have sued, those negotiations and resort to need it in the future. If the legislation zero. Yet this company is being torn unilateralism by introducing a par- fails, Ray Klappert, like his father, will apart by litigation that it should not tisan bill, and that is a shame. I believe become just another victim of a tort have to face. so many of my friends on the Repub- system that has failed and will con- The impact of these considerable lican side would like to have a good tinue to fail thousands of Americans losses is felt not only by Mr. Carter bill, but to have a good bill of this com- who have been exposed to asbestos. and his fellow small business owners, plexity requires real work and we have As the asbestos litigation crisis con- but also by the employees. Moreover, to work as legislators and we have to tinues unabated, nearly all of the Monroe Rubber and Gasket has been have substance, not symbolism. We major asbestos manufacturers are forced to cancel plans to open a new fa- have to have reality, not rhetoric. bankrupt. Consequently, more and cility in Arkansas. The money that The introduction of this bill raises more small businesses are forced to de- was going to be used to underwrite the many questions—most notably what

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.002 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4249 the sponsors are trying to achieve be- It is critical that there is adequate lion of them had high levels of expo- cause it is certainly not a fair com- funding at the inception of a national sure over long periods of time, and that pensation model for asbestos victims. trust fund since there are more than exposure changed many of their lives. By breaking off the bipartisan negotia- 300,000 current pending cases in our Each year more than 10,000 of them tions and hastily pushing a bill to the legal system. Upfront contributions die from lung cancer and other diseases floor, the Republicans have turned from defendants and insurers will be caused by asbestos. Each year, hun- their back on all of us who have necessary to accommodate the inevi- dreds of thousands of them suffer from worked so hard for so long to find a fair table, and that is thousands of these lung conditions which make breathing solution. pending claims coming in on the very so difficult they cannot engage in the Creating a fair national trust fund to first day of the trust fund. routine activities of daily life. Even compensate asbestos victims is one of The new Hatch-Frist bill actually more have become unemployable due the most complex legislative under- provides less upfront funding and less to their medical condition. takings I have been involved with in overall funding than we voted out of Because of the long latency period of nearly 29 years in the Senate. The the Judiciary Committee. That is not these diseases, all of them live with a interrelated aspects necessary for a fair. The partisan emphasis in this bill fear of a premature death due to asbes- fair national trust fund are like a on behalf of the industrial and insur- tos-induced disease. These are the real Rubik’s Cube, and that is all the more ance companies involved, to the det- victims. They deserve to be the first reason why we should have a fair na- riment of victims, has produced an un- and foremost focus of our concern. The tional trust fund bill and have it be a balanced bill. This bill is a reflection of victims are average, hard-working consensus piece of legislation. Other- the priorities that went into it. Americans. They are the construction wise it does not work, it does not be- Many of us have worked hard for workers who build our houses, machin- come law. more than a year toward the goal of a ists who keep our factories running, as- That is why I have been involved in consensus asbestos bill. So this new sembly workers who make products for months of bipartisan negotiations. I partisan bill is especially saddening our home, shipbuilders who help make worked so hard to encourage the inter- and confounding. We could have a bill our country strong and secure. They ested stakeholders to reach agreement that protects defendants; it would pro- did their jobs faithfully and now it is on all these critical details. tect the insurance companies; it would time for us to do right by them. I thank Senators DASCHLE, DODD, All too often, the resulting tragedy protect the corporations; and it would FEINSTEIN, SPECTER, and other Sen- these seriously ill workers and their protect the people who have been ators, the representatives from orga- families are enduring becomes lost in a sickened by asbestos. We could have nized labor, the trial bar, and industry complex debate about the economic done that. We could have brought final- who worked so hard to try to reach impact of asbestos litigation. We can- ity to this issue. We could have ended consensus on a national trust fund that not allow that to happen. The litiga- endless litigation. We could have let would fairly compensate asbestos vic- tion did not create these costs. Expo- tims and also to provide the financial corporations go on with their business. sure to asbestos created them. They certainty for their defendants and their We could have made sure the victims are the costs of medical care, the lost insurers. knew they were going to get adequate wages of incapacitated workers, the We did reach bipartisan agreement compensation. We have missed a gold- cost of providing for the families of on two of the four cornerstones of a en opportunity. workers who died years before their successful trust fund. Senator HATCH After the cloture vote on this par- time. Those costs are real. No legisla- and I brought together the Leahy- tisan asbestos bill, the Senate will take tive proposal can make them dis- Hatch amendment that gave appro- up and pass the Kyl-Feinstein-Hatch- appear. All legislation can do is shift priate medical criteria to determine Leahy crime victims’ rights legisla- those costs from one party to another. who should receive compensation and tion. This bipartisan legislation is a Any proposal which would have the an efficient, expedited system for proc- good example of what the Senate can effect of shifting more of the financial essing claims. But we have yet to reach do when we work together to reach burden on to the backs of injured work- consensus on the other two corner- consensus. Unfortunately, the bipar- ers is unacceptable to me, and I would stones of a successful trust fund—fair tisan process of the crime victims’ hope that it would be unacceptable to award values for asbestos victims and rights legislation is being abandoned every one of us. Unfortunately, that is adequate funding to pay for the com- by the majority on this partisan asbes- precisely what the Frist bill would do. pensation. Even if we have the medical tos bill. The bill before us does not reflect criteria and if we lowball the amounts, We should be asking ourselves this what is necessary to compensate the if we do not adequately handle it, it question: Does this partisan turn the enormous numbers of workers who suf- makes no difference. sponsors of this bill have taken help or fer from asbestos-induced disease. It Bipartisan medical criteria have al- hurt our efforts to produce and enact a reflects only what the companies who ready eliminated what businesses con- consensus asbestos bill? I say it does made them sick are willing to pay. tend were the most troublesome not help. The compensation levels in the Frist claims, but that kind of fair compensa- We have enough of a debate going on bill are unreasonably low, especially tion is not free. behind me, so I will yield to someone in for the most seriously ill worker. They The Judiciary Committee’s unani- a different part of the Chamber, Sen- would receive much less compensation mous agreement on the Leahy-Hatch ator KENNEDY, so he can make himself under the bill than they are currently medical criteria is meaningless if the heard for 10 minutes. getting on average in the tort system. majority, in effect, rewrites the cat- Mr. KENNEDY. I thank the Chair. For example, workers with 15 years of egories by failing to compensate those The PRESIDING OFFICER. The Sen- exposure to asbestos, who are dying of who fall within them. Even with con- ator from Massachusetts. lung cancer, would get as little as sensus on medical criteria, if the award Mr. BAUCUS. Mr. President, will the $25,000 under the Frist bill. That is ab- value is unfair, then the bill is unfair Senator yield? I am curious as to how surd. and it is unworthy of our support. That long the Senator will be speaking. While most of these workers smoke, is the case with this partisan bill. Mr. KENNEDY. Ten minutes. a person who smoked and was exposed Since my first hearing on this issue Mr. BAUCUS. I thank the Senator. to asbestos is over four times more nearly 2 years ago, I have emphasized Mr. KENNEDY. Mr. President, the likely to get lung cancer than a person one bedrock principle: It has to be a real crisis which confronts us is not an who smoked but was not exposed to as- balanced solution. I cannot support a asbestos litigation crisis, it is an asbes- bestos. Asbestos was clearly a major bill that gives inadequate compensa- tos-induced disease crisis. Asbestos is contributing factor to their lung can- tion to victims. I will not adjust fair the most lethal substance ever widely cers. Yet this bill would give them next award values into some discounted used in the workplace. Between 1940 to nothing. Not only does this bill not amount to make the final tally come and 1980, there were 271⁄2 million work- provide adequate levels of compensa- within a predetermined and artificial ers in this country who were exposed to tion, there is no guarantee that suffi- limit. That is not fair. asbestos on the job and nearly 19 mil- cient funds will be available to fully

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.032 S22PT1 S4250 CONGRESSIONAL RECORD — SENATE April 22, 2004 pay all injured workers who are eligi- Libby tragedy because my colleagues the medical criteria in the bill, medical ble, even what the bill promises them. have heard them many times, but I will criteria that we had already deter- According to a CBO analysis, the emphasize that their situation for me, mined just would not work for the Frist bill is underfunded by nearly $30 and for them especially, is unique. An Libby victims. This raised the possi- billion. If the asbestos trust fund does entire town was poisoned with asbestos bility that the Libby victims would not become insolvent, workers will have to for decades by W.R. Grace, a company be fairly compensated. wait years before they can return to that lied to its workers, lied to the Senator HATCH and I have spoken the tort system, and many of them will community about the deadly dust about this concern and we have tried to be dead by then. which it was exposing its workers to, work out an acceptable way to address Any proposal which would merely lied to the families, and lied to the it. Again, I thank Senator HATCH for create one new, large, unfunded trust whole community. Hundreds of people the concern he has always shown for in place of the many smaller under- have already died or become very sick, my constituents and I thank him for funded bankruptcy trusts which exist and hundreds more will likely follow. the effort he has undertaken. today is unacceptable. Injured workers I have pledged to the people of Libby However, this important concern has need certainty even more than busi- that I will do everything in my power yet to be addressed in S. 2290. I have nesses and insurers. The Frist bill to help them make their community heard from people in Libby that they merely shifts more of the financial bur- whole again, to make sure their long- would rather we not proceed to this bill den of asbestos-induced disease to the term health care needs are met. The until we find a way to solve this out- injured workers by unfairly and arbi- health care costs associated with treat- standing uncertainty in the bill. I trarily limiting the liability of defend- ing asbestos-related diseases are crip- know they also share some of the con- ants. pling to families who do not have cerns of my colleagues about other fac- Sick workers would receive lower health care and are uninsurable and to tors of the bill and whether it will in- levels of compensation than they re- a community that is struggling to get deed be workable and solvent over the ceive on average in the current system, its economy back on track. Simple, long term. This is obviously important and payment of even those lower levels routine procedures to help a person to me and to the people of Libby. of compensation would not be guaran- breathe more easily can cost at least I believe that asbestos legislation is teed. That is no solution at all. $30,000. very important. I believe that Congress I hope we would not consider this bill The Libby dust, or fiber, is also should complete work on an asbestos before us but go back to the drawing unique. The Libby fiber is especially bill this year. It is important to the board and get a bill that will meet the vicious. It is made up of what is called victims, many of whom are not being needs of all the parties. tremolite, a special kind of asbestos, fairly compensated because the system I yield back the remainder of my and other similar fibers, fibers that is overloaded and so many companies time. doctors and scientists are now only be- have filed for bankruptcy. That is one The PRESIDING OFFICER. The Sen- ginning to realize are more deadly than of the reasons I will continue to work ator from Montana. ordinary asbestos. hard to protect Libby in asbestos legis- Mr. BAUCUS. I rise today to say I Not only is it more likely to cause lation. most regretfully oppose the motion to asbestos-related diseases, it often The people of Libby face a very un- invoke cloture on the motion to pro- causes disease to progress more rapidly certain future right now, depending on ceed to the bill. I do not think we are than traditional asbestos-related dis- what happens with the Grace bank- quite ready. I do not think we are ease. Libby asbestos disease also looks ruptcy proceedings. I believe that if we ready to tackle this important and different. It is hard to identify and get the Libby provisions right in the complex legislation at this time. hard to detect on x rays and CAT asbestos bill, they stand a far better This is a bill that would end for dec- scans, much harder than traditional as- chance of receiving fair compensation ades the rights of individual citizens to bestos-related disease. That is why I under an asbestos trust than they seek justice and compensation for their was so concerned about Libby at the would through the Grace bankruptcy. injuries in a court of law. That is not beginning of this debate. A bill is also immensely important to something we should act on too quick- Because Libby is unique in terms of the business community that is seek- ly; that is, before we have a complete the type and duration of asbestos expo- ing some level of certainty about what understanding of what it is that we are sure, the manner in which asbestos dis- their future asbestos liabilities will be. doing and how it will impact asbestos ease manifests itself in Libby, and the Providing them with that business cer- victims, businesses, insurers over the fact that an entire community was af- tainty, while at the same time pro- long run. fected, it was clear that the medical viding the victims with equal certainty Senators HATCH, LEAHY, and SPEC- and exposure criteria in the bill would that they will be fairly and promptly TER, though, and many others, have unfairly exclude most of the population compensated for their asbestos expo- worked very hard on this bill. Because of Libby. That would pile injustice on sure and disease, should be our goal. of their efforts, we have come closer to top of injustice on these people, and I We are very close to achieving that a final compromise than I think any- could not accept that. goal, thanks to the efforts of many dif- one would have believed possible early Senators HATCH and LEAHY worked ferent players in this debate. Let’s go last year. That is why I am puzzled, very closely with me and my staff, and back to the negotiating table and see frankly, that we feel the need to rush I want to thank them for the very im- how far we can get before we take this to the floor to finish this bill before we portant provisions in the bill that very complex bill to the floor for have exhausted all opportunities to would exempt people in Libby from amendment and debate, a process that come to a compromise on the out- both the exposure and the medical cri- will not allow us to be as considerate standing and very tough issues. Nego- teria in S. 2290. This was a huge step and thoughtful as we should be with tiations have yielded significant forward. this issue. progress in certain areas. I believe However, as we moved past these For the sake of the people of Libby, there is no reason to believe that con- larger issues for the Libby victims, new and ensuring that they receive the tinued negotiations will not yield even concerns arose about the level of com- highest degree of justice and certainty more progress. pensation that would be awarded to a that they deserve, I must oppose the Being in the Senate, I have learned if Libby claimant. I was concerned that motion to invoke cloture on the mo- one sticks to it and with it, one can the administrator of the trust had ab- tion to proceed to S. 2290. I pledge to find ways to work out solutions to very solute discretion to determine that a continue to work together with my col- difficult problems. panel of medical experts was wrong, leagues to find an acceptable com- My primary concern, though, has al- and that a Libby claimant was not that promise as soon as possible. I also ways been protecting the people of sick and was not entitled to the level state, if we can work out this Libby Libby, MT, in any asbestos legislation of compensation they truly deserved. language, then I will be for the bill. I that Congress considers. I know I do I was also concerned that the com- very much hope that happens. not need to go into the details of the pensation levels were tied directly to I yield the floor.

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.034 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4251 The PRESIDING OFFICER. The Sen- work that has been done in the so- Finally, the other thing at stake is ator from . called Specter-Becker process, involv- the loss of manufacturing jobs. We Mr. CARPER. Mr. President, how ing retired Federal Judge Becker. Let’s have seen an erosion of over 2 million much time remains? build on that. jobs in this country over the last 3 The PRESIDING OFFICER. The Sen- There are a number of important years. That is a lot of manufacturing ator has 6 minutes. issues that still have to be resolved. jobs. One of the reasons is because of Mr. CARPER. Mr. President and my This is not a bill to write on the floor. the legal problems we have in this colleagues, in a few minutes we will I think among the issues we agree on is country. We have lost our sense of bal- vote on whether to proceed to debating that this is complex stuff. I know it is ance. We can do better, and we need to. and amending this legislation on asbes- for me and for a lot of our colleagues. What does ‘‘no’’ mean? No means get tos. It is an important issue and an im- This is not a bill to be written on the to work and let us resolve these issues. portant vote. floor, and there is still too much that Before we break for Memorial Day, I Before I say anything else, I wish to needs to be written for us to take the hope we can bring this bill to the floor express my thanks to Senator HATCH bill up today. There is a process taking and vote yes. Let us get it done. and Senator LEAHY and others on the place that yesterday, my leader, Sen- Mrs. BOXER. Mr. President, I am Judiciary Committee who have worked ator DASCHLE, and the Republican lead- voting against cloture on S. 2290 be- on this issue for years. I express our er, Senator FRIST, have bought into. I cause I do not believe that it is fair to thanks for trying to help us narrow our have urged them both for some time to asbestos victims or meets their needs differences. I think they have been nar- build on the Specter-Becker process, for compensation adequately. rowed. which has focused mostly on adminis- Asbestos kills 10,000 Americans every I spent a good part of the 2 years my- trative issues and with some real suc- year. For more than 50 years, manufac- self learning about this issue and com- cess, but to build on that process, given turing companies, asbestos producers, ing up to speed on it so I might be able the kind of role Judge Becker has come and insurance companies ignored evi- to participate in a constructive way. I to play as a mediator, one trusted by dence of the threat of asbestos to their have certainly learned a lot and hope- labor, by the trial bar, by the insurers, employees and their families, as well fully made at least a modest contribu- by the manufacturers, and by many of as the public. They failed to warn their tion. the defendants in these legal cases. workers and must be held responsible As we have tried to develop con- This is not something we ought to for thousands of deaths and thousands sensus on this issue, I think there are start doing next month or maybe in made ill. about four basic principles that we can June or July. This is work that needs Asbestos victims are people not sta- agree on and ought to agree on. to continue today, tomorrow, next tistics. Bill and Geneva Hornsby from One is that when people are sick and week, and in the weeks that follow. Fontana, CA are not a statistic. Gene- dying from exposure to asbestos, they There is an old saying that work fills va was diagnosed with lung cancer in ought to get the money they and their up the time that we allocate to do a 1998. It was caused by asbestos that her husband brought home from work on families need and they should get it particular job. If we say we will take a his clothes. Then, in March 2003, her now. year to do something, we will take a When people become sick later on year to do it. In this instance, we need husband Bill was diagnosed with malig- nant mesothelioma. Again, it was from an earlier exposure, they should to keep our focus and our energy con- cause by exposure to asbestos at work. receive reasonable compensation and it centrated on resolving most of the out- Three weeks after the diagnosis, Bill should come promptly. standing issues. I don’t think the Spec- died. People who are not sick, who may ter-Becker process will resolve all of Angela Ruhl from Long Beach, CA, is have had an exposure to asbestos and the outstanding issues, but I think it not a statistic. She was exposed to as- may not become sick, they should have will get us a lot closer to resolution to enable us, on the floor, to then finally bestos through the work clothes of her medical monitoring at no cost but they debate, amend the bill, and send some- uncle who worked in the Navy. Now she should not be siphoning off the moneys thing good, something solid to the has peritoneal mesothelioma. She has from folks who truly are sick and are House of Representatives. undergone three surgeries and two in desperate straits. Let me close by saying there is too rounds of chemotherapy. She deserves Finally, the last principle is we much at stake. justice. ought to reduce the transaction costs, By the way, Judge Becker said he has Sam Silvestro from San Mateo, CA, essentially the legal costs, that are in- cleared his schedule starting next is not a statistic. He was exposed to as- volved in this whole process. week, next Monday. He was here sev- bestos for decades, diagnosed with ma- Those are four basic principles. My eral days this week. He addressed our lignant pleural mesothelioma in June guess is if we could vote on those prin- caucus yesterday. He met with leaders 2001, and died in November of that ciples, we would all vote for them. We on both sides and talked to any number year. His wife Doris still lives in San are not ready to vote yet on bringing of our colleagues. He met with manu- Mateo. this bill to the floor. I say that with facturers, insurers here, organized The issue is not whether we do some- some reluctance. labor, the trial bar, just this week in thing or nothing. Most Democrats, if I have these four core values. The this building. We need to not let one not all, could support an asbestos reso- Presiding Officer and I talked about bit of our momentum on this issue go lution fund that was fair to victims. core values before. One of my core val- away with a ‘‘no’’ vote today. What we But this proposal is not fair. ues is just never give up. I have an- have to do is build on that momentum. First, the funding proposed in this other way of saying that. I say some- Let me close by saying there is too legislation is inadequate. The FAIR times: ‘‘No’’ means ‘‘find another much at stake for us not to do just Act provides $29 billion less in funding way.’’ The ‘‘no’’ vote I am going to that. There are too many people who than the bill that was approved by the cast—in the ‘‘no’’ votes that are going are sick. They are counting on us doing Judiciary Committee. to be cast, I want to be clear what ‘‘no’’ something about it and helping them Also, the FAIR Act would delay for means. now. Too many companies have gone years compensating victims with ter- First, I will say what it doesn’t bankrupt. Some 70 companies have minal cancer, mesothelioma, and other mean. ‘‘No’’ doesn’t mean let’s give up. gone bankrupt. I understand some asbestos diseases. That is because ‘‘No’’ doesn’t mean this bill is dead in 70,000 people have lost their jobs. while asbestos companies would be re- this session. So it doesn’t mean that That doesn’t even begin to say how quired to pay $2.5 billion annually into asbestos legislation is dead for all much people who were working for the fund, the fund will immediately be time. those companies that have gone bank- hit with 450,000 claims representing a This is what ‘‘no’’ means. ‘‘No’’ rupt have lost in their 402(k) plans. cost to the fund of $54 billion in its ini- means let’s build on the work that has They have lost it all. How about the tial years. That means victims with been done, the good work that has been common stockholders? They have lost claims today will have to wait until done within the Judiciary Committee. everything because the company went the fund acquires enough contributions ‘‘No’’ means let’s build on the good bankrupt. There is a great need there. to compensate them.

VerDate mar 24 2004 01:19 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.037 S22PT1 S4252 CONGRESSIONAL RECORD — SENATE April 22, 2004 This legislation also creates a wind- Claims, a special court relatively re- trust fund, skepticism in the handling fall for large corporations. Many com- moved from the political realm. How- of asbestos claims by the Department panies that failed their workers and ever, Democrats and labor unions of Labor, and skepticism in the integ- owe asbestos victims under settlement wanted the fund to be administered by rity of the medical criteria. agreements would have those agree- the Department of Labor, which has However, my hope resides in further ments suspended and the settlements the potential to keep Congress and the consideration and debate of the bill. voided under this bill. Halliburton, for American taxpayer on the political The time for fair and efficient resolu- example, would pay only a small frac- hook of paying for claims that cannot tion of the asbestos litigation crisis is tion of the billions of dollars it has al- be paid by the asbestos trust fund. now, and I will vote for the cloture mo- ready agreed to pay asbestos victims. They wanted it, and we gave it to tion before the Senate. And, most important, the compensa- them. I look forward to any amendments tion for victims proposed in this legis- In the original asbestos bill, those on that will strengthen the solvency of lation is inadequate. Even the sickest the other side of the aisle wanted to in- the bill by making defendant compa- victims—those with mesothelioma and crease the price tag of the bill by rais- nies—not taxpayers—fiscally respon- other fatal cancers—would receive less ing the levels of compensation for as- sible for their actions, amendments compensation under this bill than bestos claims. They wanted it, and be- that will restore integrity to the med- under the current system. And the tens fore passing the bill out of committee, ical criteria section of the bill, and any of thousands of people with non-fatal we gave it to them. During negotia- others that restore S. 2290 to its prin- diseases caused by asbestos, such as tions over S. 2290, they wanted new lev- cipled purpose. permanent repressive lung damage, els of payouts even higher than those Whatever a Senator’s position on the would receive wholly inadequate assist- agreed to in committee. Accordingly, bill may be, the issue of asbestos litiga- ance. half of the award levels have been in- tion reform must be considered and de- For these and other reasons, we need creased by an average of more than 20 bated. Let us not sit this one out. This to go back to the table and negotiate a percent in S. 2290. They wanted it, and one is too important to sit out. bill that would really be fair to vic- we gave it to them. Mr. KOHL. Mr. President, I rise to tims. In the ‘‘Additional Views’’ to the discuss S. 2290, the newest version of Mr. CRAIG. Mr. President, I rise committee report on S. 1125, I and sev- the asbestos bill. Like many of my col- today to speak to S. 2290, the Fairness eral fellow Republican colleagues leagues, we want to support an asbes- in Asbestos Injury Resolution Act of voiced concern over the bill’s unscien- tos bill that ensures that sick people 2004, or the FAIR Act. Last July, I tific medical criteria. In fact, in addi- get compensated quickly. The current voted to pass S. 1125, the original as- tion to several financial experts’ testi- system is broken, leaving terminally bestos litigation reform bill, out of the mony about the unpredictability of fu- ill victims to spend years waiting for Senate Judiciary Committee in an ef- ture claims into the fund, Dr. James compensation. Congress must act to fort to fix the Nation’s broken asbestos Crapo, a hearing witness and medical solve this problem, but it must do so in litigation system. And indeed it is bro- expert who specializes in asbestos-re- a bipartisan fashion. I fear that will ken. lated disease, wrote that: not happen this week, even though we There have been too many losers the other categories compensated by the bill want to remain optimistic that there is under the current tort system. Claim- . . . pay compensation for illnesses that, ac- still a chance for this legislation. ants who are not sick receive dis- cording to the clear weight of medical evi- That said, over the past year we have proportionate jury awards, severely dence, either are not caused by asbestos or made more progress than many of us do not result in a significant impairment. would have thought. But now we are at sick claimants have been made to wait Simply put, when medical research con- too long for compensation, companies cludes that a condition is not caused by as- an impasse. What is most frustrating is are going bankrupt, jobs are being lost, bestos, or is not an illness at all, medical re- that the remaining issues are not ir- and attorneys’ fees are cutting away at search will not be able to predict the number reconcilable. Let’s discuss a few of the nearly half of all money spent on as- of such claims. major outstanding issues that must be bestos-related litigation. Despite these deep reservations, and resolved in order to broker a com- More than 60 defendant corporations in response to Democrats’ demands, we promise. have declared bankruptcy due to asbes- agreed to criteria that ‘‘erred on the First, more than any other issue, the tos-related litigation, leading to the di- side of being over-inclusive’’ with re- size of the fund is preventing progress rect loss of as many as 60,000 jobs, with gards to asbestos-related diseases. on this bill. We appear unable to nego- each displaced worker losing an aver- Many financial and medical experts tiate, or have yet to negotiate what age of $25,000 to $50,000 in wages. suggested that as a result of doing so, this number should be. To be sure, this Indeed, the system is broken. the fund is likely to run the risk of in- is a complicated issue and it is espe- The constituents from my home solvency as a result of paying claims cially important to get it right if we State of Idaho have written to me ask- for illnesses not caused by asbestos. want to adequately compensate asbes- ing me to fix the asbestos problem. The They wanted it, and we gave it to tos victims for the next 50 years. There United States Supreme Court has them. is just not enough money to cover all called upon Congress to resolve the as- They wanted it, and we gave it to the claims that will be made against bestos litigation crisis. And today, them. Yet, they still withhold their this fund. As a result, some of us have Senators HATCH, FRIST, and others are support from S. 2290. As a result, not serious concerns that this bill fails to calling upon the Senate to pass S. 2290 only has the integrity of the bipartisan go far enough to compensate asbestos with the same purpose in mind. negotiations been compromised, but victims suffering serious disease. I commend these Senators for their the integrity of the asbestos litigation Though the base funding in the new work on this issue, especially Senator reform bill itself. bill is roughly the same as S. 1125, $104 HATCH, the chairman of the Judiciary Though no asbestos bill will be per- billion, the overall funding falls far Committee, who, through study, com- fect, any reform measure in passable short because the new version elimi- promise, and countless hours of nego- form will provide the certainty needed nates a contingency amendment I in- tiations, produced a 250-page bill to re- by all involved parties: businesses will troduced with Senator FEINSTEIN last solve the asbestos litigation crisis. The know the amount of their liability and summer in the committee. Our amend- actions of the Senator from Utah, from will be able to adjust accordingly in ment would have provided up to an ad- the beginning, truly have been those of order to prevent bankruptcy, and, most ditional $45 billion over the life of the a statesman. importantly, injured workers will be fund. The new Frist-Hatch version re- However, these good-faith efforts adequately compensated by the compa- places it with a $10 billion contingency have not been matched by those on the nies that caused them injury. a source of funding which could not other side of the aisle. However, the certainty I held hope in even be tapped until year 24 of the In the original asbestos litigation re- only a few months back has largely fund. form bill, the trust fund was to be ad- been replaced by skepticism—skep- Second, in order to reach a better un- ministered by the Court of Federal ticism in the solvency of the asbestos derstanding of how much this bill will

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.010 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4253 cost, we must better come to a final quately satisfy the hundreds of thou- My colleagues on the other side of agreement on the individual awards sands of asbestos victims for years to the aisle preach the need for job that will be granted victims. Quite come—is resolved, I will vote against growth and argue that Republicans are simply, this agreement will drive the S. 2290. To be sure, there are several not doing enough to spur the economy overall cost of the fund, and not sur- other issues to solve in this bill, but we and preserve and create jobs. This bill prisingly, projections vary on this must reach a consensus on an overall helps preserve jobs. But unfortunately, point. Proponents of the new bill pre- dollar amount, lest we regret sup- if we continue to allow this dysfunc- dict that there will be $114 billion in porting a fund that runs out of money, tional system to exist and let partisan total claims. The Congressional Budget fails to compensate victims, and pro- politics run rampant, we will see a Office, however, estimates that, based vides businesses no more certainty major dilemma in the American work- on the new award values present in S. than they have today. place—thousands of Virginians and 2290, the fund will need $134 billion to Mr. ALLEN. Mr. President, I rise Americans unemployed. pay out all current and future claims. today in support of the Fairness in As- In addition, a failure to resolve this And labor believes that the number bestos Injury Resolution Act or the situation will have an adverse effect on will be even greater if we were to raise FAIR Act. employee pensions and retirements. award values to a more equitable level. Over the past decade, asbestos-re- Each worker who loses their job from Of course, any increase in award values lated lawsuits have increased dramati- an asbestos bankruptcy loses on aver- will require a increase in the overall cally and have shown no sign of less- age at least 25 percent of the value of fund amount. But these are exactly the ening. According to reports, at least their 401(k) retirement accounts. Thus, sort of tough choices and negotiations 730,000 claimants have sued more than a failure to act will not only lead to job that need to take place if we are going 8,400 defendant companies alleging loss, but could hamper their long-term to find a compromise. some kind of injury by asbestos expo- financial well-being. Furthermore, in- Third, those of us opposed to this bill sure. The number of defendant compa- dividuals use their pensions and 401(ks) still feel that an unfair risk falls onto nies that have been sued has increased for a number of things. An individual the victims if the fund goes bankrupt. by 8,100 since 1983 according to the may use it to retire, to pay for their Those in favor of the bill will argue RAND Institute for Civil Justice. children’s college education or for in- that if they underestimate how much There is no doubt that the current curred health expenses as they grow money the fund will need, victims can asbestos litigation system is a failure. older. simply return to the court system. But The system is harmful on two fronts: it Unfortunately, the crisis does not it is not as simple at that. At the ear- is harmful to the economy and harmful stop there. Opponents seem to forget liest, victims cannot return to the to the asbestos victims, who currently that many victims are unable to re- courts until year seven and there is a wait years for their cases to be re- ceive just compensation because the courts have been burdened by the sheer real risk that certain types of victims solved. Sadly, some of these victims volume of cases—legitimate and less may be precluded from any further die before even having their day in meritorious alike. They have been un- compensation for new injuries related court. able to ensure that even a majority of to asbestos exposure. I view this measure as a jobs bill. Furthermore, the new version of the Some would ask: How is this legisla- asbestos compensation goes to plain- asbestos bill also results in unfair tion going to help create jobs? I would tiffs who are actually injured. Shipyard workers and Navy veterans treatment of victims with pending answer that while we are steadily re- from my Commonwealth of Virginia claims. There are currently more than covering from an economic downturn should not have to suffer in the current 300,000 asbestos victims with pending exacerbated by the terrorist attacks of system. The RAND study that I ref- claims in the court system, many who September 11, 2001, and our necessary erenced earlier found that the vast ma- response in the war on terrorism, we have been waiting for years for a court jority of new claims—approximately 90 need to make sure that willing men date or settlement. The asbestos bill percent—are made by people who do and women can find jobs. Employment would eliminate most pending claims not have any sort of cancer or meso- is improving. However, if the Senate and even final settlements and throw thelioma. These individuals prevent them into the fund. So some victims does not act on this important reform the claims of those who are truly ill who won a large verdict will be forced legislation, the numbers of unemployed from being heard and given their day in to start over from scratch in the fund. Americans will increase. court and zap the limited resources The fact is that asbestos-related This hardly seems fair. available to compensate true victims bankruptcies inflict a staggering toll Finally, it is difficult to support a now and in the future. new bill that is the product of a flawed on the American workforce. Companies This bill will provide some consist- and one-sided negotiating process. that have declared bankruptcy because ency in the settlements that are Much of the new asbestos bill we are of asbestos-related litigation employed awarded to victims. Far too often, the considering was negotiated by Senators more than 200,000 workers before their awards are unfair, inconsistent, and er- FRIST and HATCH with business and in- bankruptcies. So far, asbestos-related ratic. Currently, victims can only ex- surance representatives. This process, bankruptcies have led to the direct loss pect to see 43 cents of every dollar in lacking any participation from Demo- of as many as 60,000 jobs, while each compensation awarded. The rest of the crats or labor, resulted in a bill that is displaced worker will lose an average money goes to lawyers and administra- not even as good as the version we op- of $25,000 to $50,000 in wages over his or tive costs. posed last July. To be fair, Senator her career, according to Joseph The FAIR Act seeks to remedy this SPECTER has been working hard in a bi- Stiglitz, cowinner of the 2001 Noble injustice. This legislation will make partisan group mediated by retired Prize in Economics. sure that victims receive immediate Federal Judge Becker. The group has One economic study by the Financial compensation in full. By capping the had some modest success in negoti- Institutions for Asbestos Reform found litigation costs, we are making sure ating ‘‘non-economic’’ issues, but has that, considering the multiplying ef- that awards are going into the bank ac- yet to broker any deal on award values fect of private investment, failure to counts of the truly injured, rather than or overall fund financing. Perhaps a enact asbestos legislation could reduce legal fees for companies and claimants. consensus solution is possible if we economic growth by $2.4 billion per As the said in Sep- allow that bipartisan process to pro- year, costing more than 30,000 jobs an- tember 2002, ‘‘Today’s dysfunctional ceed. nually. Extended over a 27-year time system benefits primarily trial lawyers Until then, I cannot support this bill frame, this would translate into the and healthy plaintiffs—and that drains in its current form. The new asbestos loss of more 800,000 jobs and $64 billion resources from those who are sick and bill actually retreats from the progress in economic growth. And RAND con- dying because of asbestos. That’s a na- made last summer in the Judiciary cluded that 423,000 new jobs will not be tional shame.’’ The Fairness in Asbes- Committee. Until my major concerns created due to asbestos litigation, and tos Injury Resolution Act is a long regarding the overall dollar amount for $33 billion in capital investment will overdue attempt to correct that ter- the fund—an amount that will ade- not be made. rible wrong.

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.074 S22PT1 S4254 CONGRESSIONAL RECORD — SENATE April 22, 2004 So what does this bill do? In short, chairman’s decision to call a halt to sically said to people who have claims the FAIR Act would establish a pri- negotiations, I do give him credit for at that if the fund isn’t adequately funded vately funded trust fund composed of least allowing the Judiciary Com- they will not be left empty-handed. It mandatory contributions from current mittee to work on the bill, in contrast called for a return to the tort system corporate defendants and their insurers to the process that was followed on the for claimants who do not receive the as well as moneys from existing bank- series of ill-advised medical mal- payments that the bill calls for. S. 2290 ruptcy trusts. Plaintiffs who believe practice bills that have been brought substitutes a much weaker sunset they have been injured by asbestos ex- directly to the floor during this Con- amendment that would leave victims posure would submit claims to the ad- gress. The Judiciary Committee held a waiting for years and years without ministrator of the trust fund with evi- hearing and then an extraordinary four compensation before they are per- dence that they were exposed to asbes- meetings to mark up the bill. Two mitted to again pursue their claims in tos for a period of time sufficient to dozen amendments were debated and court. How is that fair? cause their medical condition. Quali- voted on. I am concerned in addition that this fied claimants would be paid a clear The bill that emerged in July 2003 bill treats certain companies such as compensation depending on eligibility after that intensive work by the com- Halliburton very favorably by capping and disease type on a no-fault basis. mittee still did not win my support. their liability to the fund at a fraction Properly administered, the trust fund But all of the committee members who of what they have already set aside to will ensure that nearly all defendants’ voted against it agreed that it was pay claims to asbestos victims. These and insurers’ asbestos expenditures end much improved over the original bill. companies have already agreed to set- up in the hands of injured claimants. The committee’s work could have been tle claims against them and agreed to And by paying fixed generous award the foundation for further bipartisan pay billions of dollars in compensation. amounts depending on the severity of negotiation that might have led, if all Those settlements have been on hold as the disease, the FAIR Act would ensure parties were willing to come to the Congress considers this legislation and that the truly impaired are com- table and compromise, to a bill that if it passes, the companies will save lit- pensated. could be overwhelmingly approved by erally billions of dollars that they oth- I urge my colleagues to move to con- the Senate. erwise were prepared to pay to asbestos sider this bill. Too many jobs are being So what happened over the last 10 victims. How is that fair? lost in bankrupted companies while months? Well, the first thing that hap- I am also very concerned that this Virginians and Americans with asbes- pened is that the insurers went to the bill would overturn longstanding set- tos-related diseases receive inadequate Republican leadership and said they tlements under which some victims compensation. The principal point is couldn’t live with even the limited im- have been receiving regular payments that action and leadership has been provements that the committee ap- for years. How can it be fair to people needed for years. There is no reason to proved. So no sooner had an amended who have settled their claims already, procrastinate and avoid responsibility bill come out of committee then its or who have even received jury verdicts to remedy this current dysfunctional, supporters started backing away. In- in their favor that are now on appeal, failed situation. The FAIR Act is a rea- stead of trying to make the bill re- to have to start over in an administra- sonable, responsible way to move for- ported out of the Judiciary Committee tive process that could take years to ward jobs and equity; to filibuster and more acceptable to victims of asbestos get up and running and years to com- block this bill is an avoidance of re- in a serious effort to solve what we all plete? An amendment offered by Sen- sponsibility. agree is a difficult and important prob- ator FEINSTEIN in committee would Mr. FEINGOLD. Mr. President, I lem, the proponents of this legislation have postponed the effective date of want to speak today on S. 2290, the re- went backward. the bill until the fund was up and run- vised, but still misnamed, Fairness in And so in many respects the bill that ning. That would have allowed at least Asbestos Injury Resolution Act. Reluc- the Senate is being asked to take up is some far-advanced cases to proceed to tantly, I will oppose the motion to pro- worse than the committee bill. Impor- final judgment. The deletion of the ceed to this bill. tant amendments adopted in com- Feinstein amendment is another step I say ‘‘reluctantly’’ because I support mittee that provide some certainty backward taken by the sponsors of this the concept of a national trust fund to that money will be available to future bill. compensate victims of asbestos-related victims of the horrible diseases caused We have an asbestos crisis not only diseases and address the severe strain by asbestos, and we know with cer- because lawsuits are threatening the fi- that cases brought by those victims tainty that there will be thousands of nancial well being of American compa- have placed on our legal system and such victims, were removed by the nies but because people are getting our economy. Ten thousand Americans sponsors of S. 2290. By what definition sick and dying. Some companies knew now die each year—a rate approaching does that represent ‘‘fairness’’? that exposure to asbestos caused asbes- 30 deaths per day—from diseases caused Let me talk for a minute about some tosis, a tragic lung disease, as early as by asbestos. My home State of Wis- of the specific provisions that have led 1918. In 1966, the Director of Purchasing consin ranks 16th in the Nation in as- me to conclude that I cannot in good for Bendix Corporation, now a part of bestos-related deaths. conscience vote to proceed to this bill. Honeywell, stated in an internal memo I was encouraged when the defendant The first issue is money. CBO esti- ‘‘ . . . if you have enjoyed a good life companies in some of the many law- mates that between $124 billion and while working with asbestos products, suits that have been filed, their insur- $136 billion will be needed to pay an ex- why not die from it.’’ There are count- ers, and organized labor began serious pected 1.7 billion asbestos claims over less other industry documents that negotiations back in 2002 to try to de- the 27-year life of the fund. Some ex- have been uncovered to show that the velop legislation for a national trust perts think that estimate might be too industry knew it was endangering its fund that the Congress could enact on low. S. 2290 provides for a maximum of workers’ health by continuing to use a consensus basis to address this seri- only $114 billion for the fund. The bill asbestos. A 1958 National Gypsum ous problem. This was an issue that reported from the committee, as a re- Memo, for example, stated: ‘‘Because called out for a bipartisan solution. sult of amendments offered in com- just as certain as death and taxes is Unfortunately, those discussions mittee by Senators FEINSTEIN and the fact that if you inhale asbestos were short-circuited before an agree- KOHL, included total funding of $154 bil- dust you get asbestosis.’’ ment could be reached. What began lion. How can it be fair for a compensa- We need to make sure that any na- then was a process that has turned the tion fund to be doomed to failure from tional solution to the asbestos litiga- asbestos issue into a partisan issue the start because it is underfunded? tion issue keeps faith with people who when it really shouldn’t be. A bill very Another issue is related to the issue have been injured by this dangerous much slanted toward the defendants of the adequacy of the fund. Senator product. And we now know that the and insurers was introduced last spring BIDEN offered an amendment that was problem is not limited to people who by the chairman of the Judiciary Com- approved by an overwhelming bipar- worked with asbestos. It is also the mittee. Although I disagreed with the tisan majority of the committee. It ba- families of the men and women who

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.076 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4255 worked with asbestos who have con- And I ask you, is it fair that those cluding those where a settlement has tracted asbestos-related diseases. Even who have already spent years in the been reached or where a judge or jury consumers who used hair dryers, elec- court system will have their settle- has reached a judgment. These victims tric blankets, attic insulation, home ments and judgments wiped out and have spent years and often most of siding and ceiling and floor tiles have have to wait years more for compensa- their resources litigating these cases. suffered injury from asbestos exposure. tion under the new system? These de- Now Congress wants to come in and say These victims need compensation, and fects are simply unacceptable in a bill ‘‘Sorry, you have to file your claim this hazardous substance needs to be that is supposed to solve the asbestos again and wait for the fund to get your banned once and for all. nightmare and get victims real relief relief.’’ That undermines the civil jus- We all want to see a resolution to now. tice system, the faith we put in judges this crisis, we want these victims to None of these provisions is fair to the and juries and is simply not fair to vic- get the compensation they deserve. workers, mechanics, miners, and fam- tims who have been waiting years. That is why I am so disappointed in the ily members who have been exposed to Senator FEINSTEIN had offered an final version of this bill. Instead of asbestos and are now suffering from amendment to the original bill in Com- working toward a negotiated solution disease. These are the people who are mittee that helped take care of part of that the whole Senate can support, the relying on the Congress for help so this problem. It was based on a simple sponsors of this bill have assured its they can spend their last days enjoying idea—victims have waited long enough failure by going backward. Again I ask, their families and loved ones and not and they ought to be allowed to pursue how is that fair? Reluctantly, I will litigating their claims. The U.S. Sen- their claims while the fund was getting vote against the motion to proceed, ate can do better than getting caught off the ground. But the Frist/Hatch bill and I hope the message that comes up in a political game when people’s gets rid of that provision and makes from the failure of this bill is not that lives are at stake. victims wait. Wait till the money is in no solution to the asbestos problem is This legislation has three major the fund, wait till the administrative possible, but rather that the only way flaws—it gives victims far too little, system is set up, wait till Administra- to reach a solution is to involve all the forces victims into a fund that has too tors are appointed and then wait some interested parties, and Senators from few resources, and closes the court- more. It might take years to get the both sides of the aisle, and try to ar- house door for victims of asbestos ex- fund off the ground and until then vic- rive at a truly fair bill. posure. Ms. MIKULSKI. Mr. President, I rise tims have no where to go to pursue Too many victims receive far too lit- their claims. today to oppose S. 2290, the so-called tle under this bill. This new Frist/ I, like my colleagues, wanted a to be ‘‘FAIR Act.’’ I oppose this bill because Hatch bill may have increased the able to vote for legislation that would it is anything but fair to victims of as- awards for some victims over previous help victims, that would make sure bestos exposure. This bill puts the in- version of the bill, but it still leaves they got the compensation they de- terests of insurance companies and in- many of the most seriously ill victims serve and would also ensure that prob- dustry before those who are sick and with awards far below what they would lems with the current legal system often dying because of asbestos expo- receive if they went to court. For ex- were addressed. But this bill is the sure. How can we call a bill fair—when ample, overall awards in this bill are wrong vehicle—it actually rolls back it makes those who suffer as a result of far lower than what victims would re- the progress that was made in the Sen- asbestos exposure worse off and further ceive in court. And to top it all off vic- ate Judiciary Committee and through delays their compensation. We need a tims could see their awards reduced months of negotiations between labor, balanced and fair approach to asbestos even further because of workers’ com- business and insurance. reform that will have bipartisan sup- pensation or insurers’ liens, which this port. Democrats want it, business bill allows. That’s not fair. I know that Senators DASCHLE, wants it, labor wants it and many of This bill forces victims out of the LEAHY, DODD, FEINSTEIN and others our friends on the other side of the courts and into a fund that may run have been working tirelessly with aisle want it. Unfortunately, the FAIR out of money. The level of funding those on the other side of the aisle and Act is not it. under this Frist/Hatch bill is well with industry, insurance and labor to Even the process by which this bill below what even conservative esti- create a consensus bill. I have sup- came to the floor is not fair. This is mates put as the likely cost of the ported those efforts and am dis- not the bill that came out of the Judi- fund. How can we ask all these victims appointed that Senator FRIST intro- ciary Committee, its not the product of to give up their right to go to court duced this bill which sends us in ex- the negotiations that Senators SPEC- and then put them in a fund that will actly the opposite direction. It sends us TER, LEAHY, DASCHLE and others have run out of money? They will be left away from common ground and nego- been pursuing, it is not a bill that has holding the bag and waiting years more tiated positions to a strongly partisan had any input from Democrats. Sen- to get relief. Certainly business can do bill that does not reflect any of those ators FRIST and HATCH decided what more for the trust fund in exchange for efforts. I think we should go back to should be in the bill and put it on the a reprieve from their litigation liabil- the table, to finish the conversations, floor. They skirted the usual Senate to reach a balanced agreement that the process and introduced a partisan bill. ity. I am not only worried about the fund majority of us can support. This bill is not fair. We need to protect those who have Is it fair that those who are seriously running out of money in the long been exposed and are suffering from as- ill as a result of asbestos related ill- term—but also up front. Over 300,000 bestos related diseases by putting suffi- nesses would receive far less on average cases are currently pending and it is cient amounts in the trust fund, by under this bill than they would in our expected that 90,000 additional cases making sure that compensation levels court system? will be filed each year of the first few Is it fair that victims who are suf- years of the trust. Under this bill there are fair and awards are dispensed fering from lung cancer may only re- simply is not enough funding in the quickly, by ensuring that the fund is ceive $25,000 when they were exposed to early years to cover those costs. So solvent and provides victims with the asbestos for 15 years and will likely die what happens? Victims again are left ability to go back to court if the sys- within a few years of diagnosis? waiting, as they have been in the tort tem runs out of money. We also need to Is it fair that businesses will only put system, for years for some compensa- make sure that those who are in court $109 billion into the fund when conserv- tion and sadly many of them will die can continue their cases until the fund ative estimates expect the fund’s before they ever see a cent. is set up and that those who have claims to reach at least $134 billion? This legislation shuts the courthouse reached a settlement or received a Is it fair that victims will be left door for victims. Many victims of as- judgment can get the remedy their liti- with no recourse if, as many expect, bestos exposure have already spent gation has entitled them to. the fund runs out of money and those years in court and have received a set- I stand with my Democratic col- who are sick are forced to wait years tlement or judgment. The Frist/Hatch leagues in saying ‘‘we want a bill.’’ I more for compensation? bill wipes out all pending claims, in- want a bill that helps victims get just

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.077 S22PT1 S4256 CONGRESSIONAL RECORD — SENATE April 22, 2004 compensation, and that provides finan- that change. But that is what you do egories, and yet the award values were cial certainty for industry and insur- on the floor of the Senate. approved by the Senate Judiciary Com- ers. But that cannot come at the cost Having said that about these col- mittee 14–3. Only two Democrats did of the rights and remedies for those leagues who have worked so hard with not vote. All the other Democrats who are and will become seriously ill us, including Senator FEINSTEIN, who voted for the award values we have in as a result of asbestos exposure. has worked with us on these matters, this bill—every one of them. The only Mrs. LINCOLN. Mr. President, I all of them are going to vote against three members on our side who didn’t voted against the cloture motion to S. cloture today, at least as far as I know. vote for the award values said they felt 2290 because I did not believe this bill Having said that, I was interested in they were too high. The Democrats all was ready to be debated on the Senate the comments of the distinguished agreed they were decent award values. floor. Unfortunately, the process that ranking member on the Judiciary Com- If we are going to be legislators, let created this bill did not give stake- mittee, that we have to get into reality us be legislators. Let us not hide be- holders an adequate opportunity to here; reality the way the Senate is sup- hind a filibuster of a motion to pro- fully discuss and debate honest dif- posed to work, the way the legislative ceed. ferences. As a result, significant issues process works. After 15 months of There have been a lot of comments remain that can and should be ad- meeting with everybody from one end by my friend on the other side about dressed before proceeding to consider- of this country to the other, everybody the fairness and adequacy of the claim ation on the floor. I am confident, how- in the Senate Judiciary Committee, values. He said they are low. What he ever, these issues can be resolved if the and virtually everybody in the Senate, failed to mention today in his remarks interested parties will come to the 15 months of intensive negotiations, is the Feinstein bipartisan claims val- table and work in good faith until a where are we? In reality, they are fili- ues amendment was adopted by the compromise can be reached. In my con- bustering even a motion to proceed committee 14–3. It was a bipartisan versations with asbestos victims, in- which I think shows where this is all vote. The only three who voted against dustry officials, and labor leaders a going. They are not filibustering the it were Republicans who thought the common thread has emerged; we are bill which would be next. They are fili- claims values we had were too high. All too close to walk away now. bustering the motion to even proceed of the votes from the other side of the I have consistently expressed support to the bill. The reality is if we want to aisle were 100 percent for the claims for a legislative solution to the asbes- be legislators and we want to legislate, values. tos crisis that would establish a trust then we bring the bill up and we fight I am not sure why my friend from fund to pay legitimate claims in a fair it out on the floor. Vermont is now saying the claims val- and efficient manner. However, if we We have a filibuster here on the mo- ues we have adopted in a bipartisan ask American citizens to give up their tion to proceed. We have had 15 months fashion—he was there last July—are right to a day in court, we must ensure of negotiations. We have bent over now too low. It is amazing to me. It is they will be treated equitably by the backward to try to accommodate our typical of what we have gone through alternative. Further, we must ensure colleagues on the other side of the for 15 months trying to work this out. that the trust fund remains solvent and aisle. There is virtually only one thing I think they may figure as long as they efficient. We also must make certain many of them want more of; that is, can keep this going, there will be more that the fund will be up and running as more money. That is after putting in and more demands on these few compa- quickly as possible. the original $108 billion, which nobody nies that are now stuck after the main All of the parties in this discussion thought we could get done; that almost companies that caused the problem are have a vested interest in making the everybody said if you get that we will all bankrupt. These companies, such as trust fund work. For the victims, many go—virtually everybody involved, in- Monroe, which I mentioned earlier, are have waited far too long to receive the cluding the unions. We are now up to stuck having to try to win but the de- compensation they deserve in a timely $114 billion, and it is still not enough. fense costs alone would eat them alive and efficient manner. For the business If that is not enough, then bring an and put them into bankruptcy. community, they have agreed to com- amendment to the bill on the floor. We can talk about this forever. We mit a significant amount of money to Make it more, if you can. can negotiate forever. But if it means this fund. It is in their best interest to The problem is I think they know the more and more money, bring amend- make sure the fund works by paying vast majority of Senators in this body ments to the floor. Maybe they will victims a fair amount in a timely way know it is enough. They know it is win on it. I don’t know. All I can do is to ensure they are not threatened by probably too much and know what a show how exorbitant they are under non-meritorious claims if this process burden it is going to be on these com- the circumstances. returns to the courts panies that are basically near bank- We still have a hedge factor in this We can reach agreement on this vital ruptcy to pay for this. But we have matter. If for some reason there are legislation if all sides stay at the table. done that. not enough funds at the end of this Legislation is rarely a work of art, it is I heard the distinguished ranking process to pay off claims—and we be- a work in progress. We must continue member of the Judiciary Committee lieve not only there will be, but there to push forward until a solution is say we should be legislators. If the will be more than enough funds—then found. funds are enough, they would go. Bring this will revert back to the tort system Mr. HATCH. Mr. President, I have amendments. Let us fight out. That is again. been listening to the arguments of my what we do. That is what this floor is Nobody will want that to happen. No- colleagues from the other side of the for—not just filibustering a motion to body will let that happen. But even if aisle. proceed so we can’t fight it out, so we it does, then these voracious claims I thank Senators CARPER, NELSON, can’t have amendments. I think they lawyers, these personal injury law- MILLER, and BAUCUS, who indicated should quit hiding behind outrageous yers—about 10 percent or even less of they will vote for this bill in the end if figures everybody around here knows the American Association of Trial we can resolve some of the problems. can’t be done. Lawyers—will be able to do the same These Senators in every sense have I believe my friend said one of the things we have just mentioned they worked extraordinarily hard on this problems is solvency protection. How have been doing in this matter. bill, especially Senator MILLER. can you protect from insolvency, if I think everybody is protected. There I believe we can accommodate Sen- these companies start going into bank- is no question about it. ator BAUCUS so he can literally vote for ruptcy? We have had 70 so far. We will Why are we not going to invoke clo- this bill. I do not want to see people have more loss of health benefits, loss ture here and kill this bill? Why aren’t from Montana be mistreated. Frankly, of pensions, and loss of jobs. we going to have amendments to make I believe we can make the appropriate By the way, on the award values, it is this bill more pure, if we can? Why change. We have talked about what it interesting to me that I am hearing it don’t we have amendments to increase will be. It is what he has told me he is not enough in award values to indi- the funding, if that is what they think would accept. I think we can make vidual people and the individual cat- should occur? The fact is they don’t

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.078 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4257 want to do it because they know George V. Voinovich, John Ensign, We have devoted now more than 300 darned well if they did, they probably Wayne Allard. days trying to work out the details of couldn’t win on these outrageous The PRESIDING OFFICER. By unan- this bill, which I do believe is more claims. But if they did, then the Senate imous consent, the call of the quorum than adequate time to reach consensus. will have worked its will. That is what is waived. Thus, later today, the Democratic lead- legislators do. They don’t hide behind The question is, Is it the sense of the er and I—we have been in discussion filibustering every bill. They do not Senate that debate on the motion to over the course of the morning—will be have obstruction tactics on every bill. proceed to the consideration of S. 2290, discussing on the Senate floor a pos- Around here, we have to get 60 votes the FAIR Act of 2004, shall be brought sible method of moving these discus- for virtually any bill that means any- to a close? The yeas and nays are man- sions forward with the stakeholders thing. That is pretty pathetic. Sooner datory under the rule. over the next several days and possibly or later, we are going to have to ad- The clerk will call the roll. weeks. We will engage in a colloquy dress that. That includes judges for the The assistant legislative clerk called later in the day as to what that spe- first time in history. the roll. cific proposal will be. But this bill is important. I acknowl- Mr. MCCONNELL. I announce that I am confident we can make progress edge cloture will not be invoked today. the Senator from Colorado (Mr. CAMP- on this important issue, that we can I have known that for a long time. The BELL) and the Senator from Pennsyl- move the stakeholders to a final agree- fact of the matter is at least everybody vania (Mr. SPECTER) are necessarily ab- ment. I say that because people just is going to know where everybody sent. saw the vote and that does not close stands on this matter. Does that mean Mr. REID. I announce that the Sen- the door in any way. In fact, it inspires we are going to quit negotiating and ator from Massachusetts (Mr. KERRY) us to work together more over the next quit trying to bring people together? is necessarily absent. several days and weeks. No. We will. But if we don’t get that The PRESIDING OFFICER (Mr. For the information of Senators, down in another week, it seems to me CHAFEE). Are there any other Senators next we will begin consideration of S. this bill is going to be dead. If it is in the Chamber desiring to vote? 2329, which is the victims’ rights bill. It dead, then I pity those 8,400 companies The yeas and nays resulted—yeas 50, was introduced yesterday by Senators plus all the insurance companies— nays 47, as follows: KYL, FEINSTEIN, and others. The order about 16 of those—because they are all [Rollcall Vote No. 69 Leg.] provides for up to 2 hours of debate be- headed toward bankruptcy and this YEAS—50 fore the vote on passage of that bill. country is going to suffer a tremendous Alexander Dole McConnell That vote will likely be the last vote of problem while the truly sick are not Allard Domenici Miller this week. going to get compensated. The truly Allen Ensign Murkowski Following the victims’ rights bill, we sick are not going to get compensated. Bennett Enzi Nickles will turn to, in the early part of next Bond Fitzgerald Roberts week, Monday, the Internet access tax We have seen the sleazy approach of at Brownback Frist Santorum least one of the personal injury law Bunning Graham (SC) Sessions bill. Discussions have been underway firms toward manipulating the process Burns Grassley Shelby over the course of the morning and Chafee Gregg Smith afternoon on that bill as to when we so those who aren’t getting sick get a Chambliss Hagel Snowe recovery which they should never have Cochran Hatch will actually begin consideration, and Stevens Coleman Hutchison later this afternoon, I will have more gotten. That takes money away from Sununu Collins Inhofe to say about that bill. those who are sick. Guess who the Cornyn Kyl Talent beneficiaries of this whole process are. Craig Lott Thomas As I believe I said this morning, fol- These personal injury lawyers, some of Crapo Lugar Voinovich lowing completion of the Internet tax whom are honest, but probably some DeWine McCain Warner bill, we will be turning to FSC/ETI, the who are not. NAYS—47 JOBS bill. That is several days from This chart shows it all. The word Akaka Dorgan Levin now. ‘‘filibuster’’ comes from the Spanish Baucus Durbin Lieberman Mr. President, again, I am very dis- word ‘‘filibustero,’’ meaning pirating Bayh Edwards Lincoln appointed in the cloture vote today, and hijacking. I shudder to think we Biden Feingold Mikulski but we will be back, and I will talk Bingaman Feinstein Murray more about that this afternoon. will consign all of these people who Boxer Graham (FL) Nelson (FL) have asbestos-related illnesses to obliv- Breaux Harkin Nelson (NE) The PRESIDING OFFICER. The Sen- ion and not do the best we can to help Byrd Hollings Pryor ator from Oklahoma. Cantwell Inouye Reed Mr. NICKLES. Mr. President, I wish them when we have a system that is Carper Jeffords Reid broken. Clinton Johnson to make a couple of comments about Rockefeller I am prepared to yield back the re- Conrad Kennedy the asbestos bill. I see my colleague Corzine Kohl Sarbanes from Delaware. Does he want to say mainder of my time and proceed to the Daschle Landrieu Schumer vote. Dayton Lautenberg Stabenow something before I make a short The PRESIDING OFFICER. All time Dodd Leahy Wyden speech? Mr. CARPER. Mr. President, yes, I is yielded back. Under the previous NOT VOTING—3 want to mention to Senator FRIST, as I order, pursuant to rule XXII, the Chair Campbell Kerry Specter lays before the Senate the pending clo- did to Senator DASCHLE in the last few ture motion which the clerk will re- The PRESIDING OFFICER. On this minutes, my appreciation for the way port. vote, the ayes are 50, the nays are 47. each of them are, as leaders, engaging The legislative clerk read as follows: Three-fifths of the Senators duly cho- in a bipartisan way to address the as- sen and sworn not having voted in the bestos issue as something we have to CLOTURE MOTION affirmative, the motion is rejected. get done; we can do better than the We the undersigned Senators, in accord- The majority leader. ance with the provisions of rule XXII of the status quo and take up the bill under Standing Rules of the Senate, do hereby Mr. FRIST. Mr. President, I am dis- the good work of the Judiciary Com- move to bring to a close debate on the mo- appointed that we did not invoke clo- mittee and the Specter-Becker process. tion to proceed to Calendar No. 472, S. 2290, ture on the asbestos reform bill. As I There is a good process in place show- a bill to create a fair and efficient system to have said numerous times in recent ing results, and I am delighted both resolve claims of victims for bodily injury days, this is an important issue, an Senator FRIST and Senator DASCHLE caused by asbestos exposure, and for other issue we are not going to give up on. It are embracing that process and ena- purposes. is too important to the American peo- bling us to work together and resolve Bill Frist, Orrin Hatch, Gordon Smith, ple. It is an issue with victims, with Lamar Alexander, Saxby Chambliss, the remaining issues. Ted Stevens, Michael B. Enzi, Trent veterans, with all people who are af- I mentioned when Senator FRIST was Lott, Kay Bailey Hutchison, Susan M. fected by asbestos. It would be a great not here that work has a way of ex- Collins, Pete Domenici, Rick disservice just to drop this issue; there- panding to fill the amount of time we Santorum, Jon Kyl, George Allen, fore, we are not going to drop it. allocate to a project. Senator FRIST

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.041 S22PT1 S4258 CONGRESSIONAL RECORD — SENATE April 22, 2004 knows that better than I do. If we say tion that would propose creating a tem: in other words, a person must we are going to take the rest of the large federal trust fund is a mistake. I prove they have an asbestos related in- year to resolve the asbestos bill, it will think there simply is a better way to jury before they file a claim and get take the rest of the year. There is do it. I asked the Congressional Budget compensated. Let’s make sure we are value in setting a date certain. Senator Office to provide the Budget Com- not paying payments to people who FRIST may want to consider returning mittee analysis of the legislation, that have lung cancer resulting from other to this bill right before the Memorial we had before us, and the essence of its causes, like a life-long smoking habit. Day recess. That gives us 3 weeks to potential cost effects. I now ask to in- My mother had lung cancer and my buckle down, get the interested parties clude their entire statement into the brother had cancer as a result of smok- in a room together, and Senators who record. It states that CBO estimates ing. They should not be compensated want to participate and their staff, operations of the fund would increase out of an asbestos compensation fund. along with Judge Becker, our leaders, federal budget deficits by $13 billion We should hold to the principle that if and let’s get this job done. over the first 10 years of the fund. people are going to receive compensa- I thank the Senator for yielding. Thus, they estimate, that even tion from asbestos exposure they Mr. FRIST. Mr. President, briefly in though it will take in $118 billion of should have an asbestos-related dis- response, I understand the importance contributed funds over the life of trust, ease; and they must prove it was the of setting dates and also of having a in the first 10 years it is going to add substantial contributing factor to the sense of urgency, since we do have vic- $13 billion to the deficit. Though the injury. If they prove it, they should be tims who are suffering today. We will legislation says you can borrow against compensated. have more to say about overall timing future anticipated revenues, it is still We should also toll the statute of when I have a colloquy with the Demo- going to add to the deficit, and the limitations for asbestos injuries to pro- cratic leader a little bit later today. Fund itself will become insolvent at tect the legal rights of claimants who The PRESIDING OFFICER (Mr. some point because fund resources will should develop a disease or impairment GRAHAM of South Carolina). The Sen- be overwhelmed by anticipated claims in the future. If they discover they ator from Arizona. liability. There are going to be major have an asbestos-related disease in the Mr. KYL. Mr. President, I ask unani- problems with this fund, too many distant future, the statute of limita- mous consent that following the re- problems. tions should not begin to run until that marks of Senator NICKLES we proceed As a matter of fact, I estimate that if time. They would be able to file suit. to consideration of the legislation we go with the trust fund approach That would eliminate a lot of these which the leader announced so that there are going to be a lot of unquali- bogus claims and the mass action Senator FEINSTEIN can commence her fied claimants saying, ‘‘We want to be claims where people are filing claims presentation and hopefully have her covered under this fund.’’ We can ex- saying, ‘‘We think we could develop as- first presentation concluded before 1 pect that, unless there is very strict bestos disease in the future, and we un- o’clock. medical criteria enforced, and this bill derstand the statute of limitations is The PRESIDING OFFICER. Without does not have very strict medical cri- going to run out, so therefore we are objection, it is so ordered. teria. By very strict medical criteria, I going to file claims now.’’ Over two- The Senator from Oklahoma. mean there should be legislation in thirds of the claimants today do not Mr. NICKLES. Mr. President, I wish place that requires claimants to prove have asbestos-related disease, but they to make a few remarks concerning the that they have an asbestos-related dis- are filing claims. Let’s enact legisla- asbestos legislation we failed to reach ease before they are compensated by tion to toll the statute of limitations, cloture on a motion to proceed. I am the fund. And this bill does not do that. so if it is proven that 10 or 20 years disappointed that we did not go to the Also, I hope we would abandon the from now an individual develops asbes- legislation. I came down yesterday to idea of creating a trust fund, under this tos-related disease, and it is proven, speak and others were engaged. Maybe legislation, that has a fixed, capped, they can be justly compensated. it is more appropriate that I speak amount that must be contributed into Finally, let’s eliminate the abusive now. the fund by insurers and defendant venue shopping. Let’s keep it in court We have a very serious problem deal- companies involved, while the liability jurisdiction where the claim belongs, ing with asbestos in this country. I remains virtually unlimited. What one and stop bargain-hunting plaintiffs held a hearing in the Budget Com- should easily see, is that the insurers from shopping their claims in only the mittee 2 years ago and stated that are limited in what they must con- most lucrative district or State courts some of the biggest problems that we tribute and the defendant companies in the country. face, as far as our economy, is regula- are limited in what they must con- There does not have to be a new Fed- tions and litigation abuse. And heading tribute, but the extent of liability is eral fund, or a new entitlement pro- the list of litigation abuse in this coun- unlimited. This should indicate to my gram, created to provide a reasonable try is asbestos litigation. We have 8,000 colleagues that this Fund may not solution to this problem. If we simply companies now listed as defendants in work. The claims may greatly exceed require claimants to prove in court suits, and 60 or 70 companies have al- the fund, there is a shortage, and we that they have an asbestos-related dis- ready gone bankrupt. Thousands of end up with an insolvent fund. ease or impairment, then we can com- jobs have been lost. I believe over 60,000 The bill says, well, we presume if the pensate those who are truly sick and jobs have been lost from the bankrupt fund goes insolvent, the fund will ter- they can be compensated well. The de- companies that have gone out of busi- minate from a Government-funded fund fendants companies and the insurance ness. Maybe another 100,000 jobs have managed by the Department of Labor, companies could all pay a lot more to not been created as a result of the neg- and then claimants who did not get in the most deserving victims of asbestos ative impact that asbestos litigation on the money are going to simply seek exposure, if they did not have to need- has on the economy, and it is wrong. redress in the federal courts. I question lessly pay money to the two-thirds who When we find out that two-thirds of that. I can see people coming back to do not have asbestos-related disease. the awards or settlement payments Congress and saying: ‘‘Hey, we want Many of these plaintiffs lawyers who have been going out to people who are the Federal Government to pay for it.’’ are involved in these mass action suits, not sick, something is wrong. So this This puts the taxpayer at risk. those who represent legitimate victims system needs to be fixed. So what is the solution? I am not try- who are being pushed aside by the non- I also want to compliment Senator ing to be critical. But, I think we injured, actually say that a medical HATCH, Senator FRIST, and Senator should come up with realistic solu- criteria bill would be the right solu- SPECTER for their efforts. There has tions. I have a couple of ideas I think tion. We do not need take away any- been a lot of work going into this legis- we could do. One is to impose strict body’s ability to go to court. The truly lation. medical criteria in the existing tort sick can be truly compensated. And do However, I have very serious prob- system. The American Bar Association not need to pay false or premature lems with this particular legislation, S. has said Congress should establish claims. We simply do not need to pay 2290. In my opinion, a legislative solu- strict medical criteria in the tort sys- claims to people who, frankly, should

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.045 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4259 not be receiving benefits. The fact is, an invitation for people to say here is U.S. CONGRESS, people who do not have asbestos-re- a bunch of money, probably not enough CONGRESSIONAL BUDGET OFFICE, lated disease are clogging the courts, money, so let’s make sure we run our Washington, DC, April 20, 2004. and they are denying people who do claims early, fast, and get in while the Hon. DON NICKLES, have the disease just compensation. money is still there. So the claims Chairman, Committee on the Budget, U.S. Senate, Washington, DC. I have introduced such legislation would greatly exceed the money avail- that will go a long way to solving these able no matter what size the pot of DEAR MR. CHAIRMAN: As you requested, problems. I have kind of held back to money is on the table. And when it CBO has prepared a cost estimate for S. 2290, see whether or not this trust fund ap- runs out the net result will be that the Fairness in Asbestos Injury Resolution proach would work, and, frankly, I do people will come to the Federal Gov- Act of 2004, as introduced on April 7, 2004. The bill would establish the Asbestos Injury not believe it will work, whether it is ernment to keep it going. This trust Claims Resolution Fund (Asbestos Fund) to $118 billion or $153 billion. fund will simply not be adequate to I heard many of my Democratic col- provide compensation to individuals whose compensate all the claims, especially health has been impaired by exposure to as- leagues say if it had a little more not with lax medical criteria. bestos. The fund would be financed by lev- money maybe they could support it. It So I urge our colleagues to rethink ying assessments on certain firms. Based on will not work. My guess is if there was this. Let’s establish medical criteria in a review of the major provisions of the bill, a fund of $153 billion or even $173 bil- the courts using medical evaluation CBO estimates that enacting S. 2290 would lion, as much money as that is, with standards proposed by the American result in direct spending of $71 billion for the medical criteria being lax as it is Medical Association, and consistent claims payments over the 2005–2014 period in this bill especially for smokers, it with a resolution endorsed by the and additional revenues of $57 billion over will not work because you will still American Bar Association, that calls the same period. Including outlays for ad- have thousands of unqualified people on Congress to establish criteria stand- ministrative costs and investment trans- saying, ‘‘My lung cancer should be cov- ards along those lines and toll the stat- actions of the Asbestos Fund, CBO estimates ered too.’’ ute of limitations for those who may that operations of the fund would increase As a matter of fact, if one looks at become sick in the future. Let’s com- budget deficits by $13 billion over the 10-year one of the compensation plans under pensate those families, those individ- period. The estimated net budgetary impact this bill, yes, under levels VII, VIII and uals, who are truly sick. Let’s help the of the legislation is shown in Table 1. IX section C, smokers get compensa- victims, and not reward people who do S. 2290 contains both intergovernmental tion without having clear proof it was not even have asbestos disease or in- and private-sector mandates as defined in caused by their asbestos exposure. jury by giving them two-thirds of the the Unfunded Mandates Reform Act (UMRA). Now, maybe they worked in a plant benefits under this present flawed sys- CBO estimates that the aggregate direct cost of complying with the intergovernmental that might have had asbestos present, tem. but if they cannot prove that it was the I urge my colleagues to seriously re- mandates in S. 2290 would be small and cause of their cancer and not, for ex- would fall well below the annual threshold view such an alternative approach ($60 million in 2004, adjusted annually for in- ample, the five packs of cigarettes they when we reconsider this bill in the not flation) established in UMRA. CBO also esti- smoked each day for thirty years, then too distant future. mates that the aggregate direct cost of com- they should not be compensated, but I ask unanimous consent that the plying with the private-sector mandates in this Trust Fund bill would do this. CBO letter of April 20, 2004, be printed S. 2290 would well exceed the annual thresh- My point is, let’s go back to the in the RECORD. old established in UMRA ($120 million in 2004 drawing board. I do not believe a trust There being no objection, the mate- for the private sector, adjusted annually for fund approach is the right approach. I rial was ordered to be printed in the inflation) during each of the first five years happen to think that S. 2290 is almost RECORD, as follows: those mandates would be in effect. TABLE 1.—ESTIMATED BUDGETARY IMPACT OF S. 2290

By fiscal year, in billions of dollars— 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

CHANGES IN DIRECT SPENDING Claims and administrative expenditures of the Asbestos Fund: Estimated budget authority ...... * 18.5 12.8 12.9 5.3 5.3 5.3 5.2 5.0 4.9 Estimated outlays ...... * 7.5 10.7 14.6 9.8 7.6 5.3 5.3 5.2 5.0 Investment transactions of the Asbestos Fund: Estimated budget authority ...... 5.4 2.0 ¥4.8 ¥3.3 0 0 0 0 0 0 Estimated outlays ...... 5.4 2.0 ¥4.8 ¥3.3 0 0 0 0 0 0 Total direct spending: Estimated budget authority ...... 5.4 20.6 8.0 9.6 5.3 5.3 5.3 5.2 5.0 4.9 Estimated outlays ...... 5.4 9.5 5.9 11.3 9.8 7.6 5.3 5.3 5.2 5.0 CHANGES IN REVENUES Collected from bankruptcy trusts 1 ...... 1.0 0 0 4.6 0 0 0 0 0 0 Collected from defendant firms ...... 3.3 2.8 2.8 2.8 2.7 2.7 2.7 2.7 2.7 2.6 Collected from insurers ...... 2.7 7.5 2.2 1.6 1.6 1.6 1.6 1.6 1.6 1.6 Total revenues ...... 7.0 10.3 5.0 9.0 4.4 4.3 4.3 4.3 4.3 4.3 Estimated net increase or decrease (¥) in the deficit from changes in revenues and direct spending ...... ¥1.5 ¥0.8 1.0 2.3 5.5 3.2 1.0 1.0 0.9 0.8 1 Cash and financial assets of the bankruptcy trusts have an estimated value of about $5 billion. The federal budget would record the cash value of the noncash assets as revenues when they are liquidated by the fund’s administrator to pay claims. Notes.—Numbers in the table may not add up to totals because of rounding. * = less than $50 million. CBO estimates that by 2014 the Asbestos Fund under S. 2290 would have a cumulative debt of around $15 billion. Borrowed funds would be used during this period to pay claims and would later be repaid from future revenue collections of the fund. We estimate that interest costs over that period would exceed $2.5 billion, and CBO’s projections of the fund’s balances reflect those costs. However, they are not shown in this table as part of the budgetary impact of S. 2290 because debt service costs incurred by the government are not included in cost estimates for individual pieces of legisla- tion.

Major provisions are determined to be insufficient to meet its Fund over the 2005–2031 period. Such collec- Under S. 2290, a fund administrator would obligations. tions would be recorded on the budget as rev- manage the collection of federal assessments S. 2290 is similar in many ways to S. 1125. enues. on certain companies that have made ex- A more detailed discussion of the fund’s op- We estimate that, under S. 2290, the fund penditures for asbestos injury litigation erations and the basis for CBO’s estimates of prior to enactment of the legislation. Claims the cost of compensation under these bills is would face eligible claims totaling about $140 by private individuals would be processed provided in our cost estimate for S. 1125, the billion over the next 50 years. That projec- and evaluated by the fund and awarded com- Fairness in Asbestos Injury Resolution Act tion is based on CBO’s estimate of the num- pensation as specified in the bill. The admin- of 2003, which was transmitted to the Senate ber of pending and future asbestos claims by istrator would be authorized to invest sur- Judiciary Committee on October 2, 2003. type of disease that would be filed with the plus funds and to borrow from the Treasury Budgetary impact after 2014 Asbestos Fund, as presented in our cost esti- or the public—under certain conditions—to CBO estimates that S. 2290 would require mate for S. 1125. While the projected number meet cash demands for compensation pay- defendant firms, insurance companies, and of claims remains the same, differences be- ments. Finally, the bill contains provisions asbestos bankruptcy trusts to pay a max- tween the two bills result in higher projected for ending the fund’s operations if revenues imum of about $118 billion to the Asbestos

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.047 S22PT1 S4260 CONGRESSIONAL RECORD — SENATE April 22, 2004 claims payments under S. 2290. The composi- ferences between the two bills in administra- percentage points, the lifetime cost to the tion of those claims and a summary of the tive procedures. Under S. 2290, the Asbestos Asbestos Fund could change by $10 billion. resulting costs is displayed in Table 2. Fund would be operated by the Department Small changes in other assumptions—includ- Although CBO estimates that the Asbestos of Labor rather than the U.S. Court of Fed- ing such routine variables as the future in- Fund would pay more for claims over the eral Claims. This and other differences be- flation rate—could also have a significant 2005–2014 period than it would collect in reve- tween the two bills could affect the cost of impact on long-term costs. nues, we expect that the administrator of administration, the timing and volume of Intergovernmental and private-sector mandates the fund could use the borrowing authority claims reviewed, and the rate of approval for S. 2290 would impose an intergovernmental authorized by S. 2290 to continue operations claims payments. for several years after 2014. Within certain mandate that would preempt state laws re- limits, the fund’s administrator would be au- TABLE 3.—DIFFERENCES IN ESTIMATED CLAIMS AGAINST lating to asbestos claims and prevent state courts from ruling on those cases. In addi- thorized to borrow funds to continue to THE ASBESTOS FUND UNDER S. 1125 AND S. 2290 make payments to asbestos claimants, pro- tion, the bill contains private-sector man- vided that forecasted revenues are sufficient In billions dates that would: to retire any debt incurred and pay resolved of dollars Prohibit individuals from bringing or maintaining a civil action alleging injury claims. based on our estimate of the bill’s Estimated cost of asbestos claims under S. 1125: 123 likely long-term cost and the revenues likely Added costs due to higher award values under S. 2290 ...... 11 due to asbestos exposure; to be collected from defendant firms, insur- Additional claims not privately settled after enactment under Require defendant companies and certain S. 2290 ...... 5 insurance companies to pay annual assess- ance companies, and certain asbestos bank- Administrative costs under S. 2290 1 ...... 1 ruptcy trust funds, we anticipate that the ments to the Asbestos Fund; sunset provisions in section 405(f) would have Total estimated claims against the fund under S. 2290 ... 140 Require asbestos settlement trusts to transfer their assets to the Asbestos Fund; to be implemented by the Asbestos Fund’s 1 Under S. 1125 administrative costs would be appropriated from the gen- administrator before all future claimants are eral fund of the Treasury. Prohibit persons from manufacturing, paid. Those provisions would allow the ad- processing, or distributing in commerce cer- Major differences in estimated revenue collec- tain products containing asbestos; and ministrator to continue to collect revenues tions under S. 1125 and S. 2290 but to stop accepting claims for resolution. Prohibit certain health insurers from de- In that event, and under certain other condi- CBO estimates that the Asbestos Fund nying or terminating coverage or altering tions, such claimants could pursue asbestos under S. 2290 would be limited to revenue any terms of coverage of a claimant or bene- claims in U.S. district courts. collections of about $118 billion over its life- ficiary on account of participating in the time, including contingent collections. CBO bill’s medical monitoring program or as a re- TABLE 2.—SUMMARY OF ESTIMATED ASBESTOS CLAIMS has not estimated the maximum amount of sult of information discovered through such collections that could be obtained under S. AND AWARDS UNDER S. 2290 medical monitoring. 1125, but they could be greater than $118 bil- S. 2290 contains one provision that would [Dollars in billions] lion under certain conditions. In our cost es- be both an intergovernmental and private- timate for S. 1125, we concluded that revenue Initial 10-year period Life of fund sector mandate as defined in UMRA. That collections and interest earnings were likely provision would provide the fund’s adminis- Number Cost Number Cost of to be sufficient to pay the estimated cost of trator with the power to subpoena testimony of claims of claims claims claims under that bill. That is not the case and evidence, which is an enforceable duty. Claims for malignant for S. 2290. CBO estimates that the aggregate direct conditions ...... 59,000 $36 127,000 $82 Over the first 10 years of operations, we es- cost of complying with the intergovern- Claims for nonmalignant timate that revenue collections under S. 1125 conditions ...... 627,000 17 1,230,000 36 mental mandates in S. 2290 would be small Pending claims ...... 300,000 22 300,000 22 would exceed those under S. 2290 by $7 bil- and would fall well below the annual thresh- lion. Thus, under S. 2290 we estimate that old ($60 million in 2004, adjusted annually for Total ...... 986,000 75 1,657,000 140 there would be little interest earnings on inflation) established in UMRA. CBO also es- surplus funds and that the Asbestos Fund timates that the aggregate direct cost of Major differences in the estimated costs of would need to borrow against future reve- claims under S. 1125 and S. 2290 complying with the private sector mandates nues to continue to pay claims during the in S. 2290 would well exceed the annual You also requested that CBO explain the first 10 years of operations. threshold established in UMRA ($120 million major differences between our cost estimates Estimates of the cost of resolving asbestos claims in 2004 for the private sector, adjusted annu- for S. 1125 and S. 2290. On March 24, 2004, in are uncertain ally for inflation) during each of the first a letter to Senator Hatch, CBO updated its Any budgetary projection over a 50-year five years those mandates would be in effect. October 2, 2003, cost estimate for S. 1125, period must be used cautiously, and as we If you wish further details on this esti- principally to reflect new projections about discussed in our analysis of S. 1125, estimates mate, we will be pleased to provide them. the rate of future inflation and an assumed The CBO staff contacts are Lanette J. Walk- later enactment date for the bill. That letter of the long-term costs of asbestos claims er (for federal costs, who can be reached at explains that we now estimate enactment of likely to be presented to a new federal fund 226–2860, Melissa Merrell (for the impact on S. 1125 at the end of fiscal year 2004 would re- for resolution are highly uncertain. Avail- sult in claims payments totaling $123 billion able data on illnesses caused by asbestos are state, local, and tribal governments), who over the lifetime of the Asbestos Fund of limited value. There is no existing com- can be reached at 225–3220, and Paige Piper/ (about 50 years). pensation system or fund for asbestos vic- Bach (for the impact on the private sector), Three factors account for the difference be- tims that is identical to the system that who can be reached at 226–2960. tween the estimated cost of claims under S. would be established under S. 1125 or S. 2290 Sincerely, 1125 and that under S. 2290 (see Table 3): in terms of application procedures and re- DOUGLAS HOLTZ-EAKIN, The award values specified in S. 2290 are quirements, medical criteria for award deter- Director. higher for certain types of diseases. That dif- mination, and the amount of award values. Mr. NICKLES. I yield the floor. ference would add about $11 billion to the The costs would depend heavily on how the f cost of claims, CBO estimates. criteria would be interpreted and imple- Under S. 2290, most asbestos claims could mented. In addition, the scope of the pro- SCOTT CAMPBELL, STEPHANIE not be settled privately once the bill is en- posed fund under this legislation would be ROPER, WENDY PRESTON, acted. In contrast, under S. 1125, asbestos larger than existing (or previous) private or LOUARNA GILLIS, AND NILA claims could continue to be settled by pri- federal compensation systems. In short, it is LYNN CRIME VICTIMS’ RIGHTS vate parties between the date of enactment difficult to predict how the legislation might and the date when the Asbestos Fund is fully operate over 50 years until the administra- ACT implemented; defendant firms could credit tive structure is established and its oper- The PRESIDING OFFICER. Under any payments made during that period ations can be studied. the previous order, the Senate will pro- against required future payments to the One area in which the potential costs are ceed to the consideration of S. 2329, fund. Consequently, CBO estimates that the particularly uncertain is the number of ap- plicants who will present evidence sufficient which the clerk will report. fund created by S. 2290 would face about $5 The bill clerk read as follows: billion in claims that, under S. 1125, we an- to obtain a compensation award for non- ticipate would be settled privately. malignant injuries. CBO estimates that A bill (S. 2329) to protect crime victims’ S. 2290 specifies that administrative ex- about 15 percent of individuals with non- rights. penses of the program would be paid from malignant medical conditions due to asbes- The PRESIDING OFFICER. Under the fund. Under S. 1125, in contrast, adminis- tos exposure would qualify for awards under the previous order, each of the fol- the medical criteria and administrative pro- trative costs would be appropriated from the lowing Senators control 30 minutes: general funds of the Treasury. That dif- cedures specified in the legislation. The re- ference would increase costs to the fund by maining 85 percent of such individuals would Senators KYL, HATCH, LEAHY, and FEIN- about $1 billion over its lifetime. receive payments from the fund to monitor STEIN. In the limited time available to prepare their future medical condition. If that pro- The Senator from California is recog- this estimate, CBO has not evaluated the dif- jection were too high or too low by only 5 nized.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.001 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4261 Mr. REID. Will the Senator yield for Committee subcommittee hearings, not being given the rights afforded to a parliamentary inquiry? committee hearings, markups, putting them by prior legislation, victims then Mrs. FEINSTEIN. Absolutely. the victims’ rights constitutional went to a district court of appeals and Mr. REID. Following the use or yield- amendment out on the Senate floor in victims were then subsequently still ing back of the time, the Chair just an- a prior session, taking it down because told that they had no standing. nounced we will vote on this measure; we didn’t have the votes, beginning A brief account of the trial in the is that true? anew in this session, going through the Oklahoma City bombing case illus- The PRESIDING OFFICER. That is processes in committee, and recog- trates this point: correct. nizing that we didn’t have the 67 votes During pre-trial conference in the Mrs. FEINSTEIN. Mr. President, 8 necessary for a constitutional amend- case against Timothy McVeigh, the years ago the Senator from Arizona ment—both Senator KYL and I, as well District Court issued a ruling to pre- asked me if I would join with him in a as the victims and their advocates, de- clude any victim who wished to provide pursuit to give victims basic rights cided that we should compromise. victim impact testimony at sentencing under the Constitution of the United There are Members of this body who from observing any proceeding in the States. It was something I knew a lit- very much want a statute. There are case. tle bit about and I was delighted to do Members of this body who very much In a hearing to reconsider the issue it. What I didn’t know a lot about was want a constitutional amendment. We of excluding victim witnesses, the trial the drafting of a constitutional amend- have drafted a statute which we believe court denied the victims’ motion as- ment and how difficult it was. The next is broad and encompassing, which pro- serting standing to present their 8 years actually proved to be one of the vides enforcement rights for victims, claims and denied the motion for re- most rewarding times of my Senate ex- provides funding for the Department of consideration. perience. Justice victims’ rights programs, for Three months later in February 1997, First, I thank the Senator from Ari- legal clinics, for enforcement to carry the Tenth Circuit Court of Appeals, re- zona for his collegiality, for the ease out this law federally and also to jected, without oral argument, the vic- with which we have been able to work spread the word to local and State ju- tims’ claims on jurisdictional grounds together, and for his leadership on this risdictions to enact similar laws. finding they had no ‘‘legally protected issue, which has been absolutely 100 We basically provide a set of eight interest’’ to be present at the trial and percent unrelenting. rights: had suffered no ‘‘injury in fact.’’ In a time of increasing partisan sepa- The right to be reasonably protected Congress reacted the next month by ration in this body, the friendship, the from the accused; the right to reason- overwhelmingly passing the Victims’ collegiality, and the leadership has able, accurate, and timely notice of Rights Clarification Act of 1997, which been so appreciated by me. It has been public proceedings so that you know provided that watching a trial does not one of the bright spots in my Senate what is happening as well as notice if constitute grounds for denying the career. I want him to know how much the accused is released or escapes from chance to provide a victim impact I appreciate it. custody— statement at sentencing. President I also thank victims, about 30 or 40 of I can’t tell you how many victims Clinton signed the bill into law on whom are present in the gallery. These who may have testified against their March 20, 1997. are victims who have had terrible assailant live in dread of the fact that When the victims filed a motion with things happen to them, but rather than an assailant will be released, they the District Court seeking a hearing to sink back into the depths of despair, won’t know it, they won’t be able to assert their rights under the new law, have decided they would fight for protect themselves, and the assailant the District Court concluded ‘‘any mo- something so that anyone who had will come after them. That is not the- tions raising constitutional questions similar things happen to them could ory. It has happened over and over about this legislation would be pre- have a part in the criminal justice sys- again. There are cases of that, with mature and would present issues that tem. Particularly, I would like to ac- which I am intimately, unfortunately, are not now ripe for decision.’’ knowledge a few of those victims. knowledgeable— The court then entered a new order The first is Colleen Campbell. Colleen The right to be present at public pro- on victim-impact witness sequestra- Campbell has lost two members of her ceedings, not to be barred from a court tion, and refused to grant the victims a family as a product of murder. Senator hearing, not to be barred by a public hearing on the application of the new KYL, in his remarks, will make that proceeding involving a plea agreement; law, stating that its ruling rendered clear. She has become an ardent sup- The right to be reasonably heard at the request ‘‘moot.’’ porter of our efforts, and a small pin critical steps in the process, those in- I believe the result would be different that Senator KYL and I are wearing volving release, plea, or sentencing; the if the bill we are considering today was today is the pin which represents a right to confer with the prosecutor; law then. The victims and the families group called ‘‘Force 100.’’ These are The right to full and timely restitu- would have had standing, and would victims who have been asking Congress tion, as provided by law; have been able to avail themselves of to take this action. The pin depicts an The right to proceedings free from the mandamus proceeding to get a angel holding a checkered flag. Her unreasonable delay; timely ruling on the merits from the brother, Mickey Thompson, who was And the right to be treated with fair- Court of Appeals. Perhaps that would murdered, was a race car driver, and ness and with respect for the victim’s not have been necessary—the District therefore the checkered flag. Her son, dignity and privacy. Court judge, armed with the standing Scott Campbell, was also murdered. At one time the system of criminal provision of this bill, perhaps would Colleen, a brilliant leader and a won- justice in the United States of America have reached a different result during derful woman, has lost two members of provided these rights. Victims had the trial. her family—her son and her brother— rights until about the mid-19th cen- We have written a bill that we be- to murder. tury, the 1850s, when the concept of the lieve is broad. We have written a bill The other was Roberta Roper. Ro- public prosecutor was developed in our that provides an enforcement remedy; berta is one of the first people I met. Nation. Up to that time, victims namely, the writ of mandamus. She hails from Maryland. Again, Sen- brought cases. Victims hired lawyers. This part of the bill is what makes ator KYL will say more about the cir- Victims even hired sheriffs to pros- this legislation so important, and dif- cumstances of that crime. ecute cases. That changed in the mid- ferent from earlier legislation: It pro- The third is Steve Twist, who has 19th century, and in that change the vides mechanisms to enforce the set of represented the victims with integrity victim became left out of the process. rights provided to victims of crime. and steadfastness over these past 8 Nowhere was the need for this legis- These mechanisms fall into four cat- years, to try to get for them as much lation made more clear than during the egories: as could be possible in the recognition trials over the Oklahoma City bomb- A direction to our courts that they of their rights. ing. ‘‘shall ensure that the crime victim is Essentially, bottom line, what we Because we got involved, the Senate afforded the rights described in the have found after numerous Judiciary and the House, because victims were law.’’

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.048 S22PT1 S4262 CONGRESSIONAL RECORD — SENATE April 22, 2004 A direction to the Attorney General has in place ‘‘laws substantially equiv- vided for victim restitution and the use of the United States to take steps to alent’’ to this act. of victim impact statements at sen- ensure that our Federal prosecutors Never before have these three critical tencing in federal cases; ‘‘make their best efforts’’ to see that components, rights, remedies and re- 1984, the Victims of Crime Act, which crime victims are aware of, and can ex- sources, been brought together. It has encouraged the States to maintain pro- ercise these rights. been said ‘‘a right without a remedy is grams that serve victims of crime, and A specific statement that the victim no right at all,’’ and this law would established a Crime Victims’ Fund, of a crime, or their representative, may couple victims’ rights with victims’ which now matches up to 60 percent of assert these rights; the result is that, remedies in a way that has never been the money paid by States for victim for the first time victims will have done before in the federal system. I be- compensation awards; clear standing to ask our courts to en- lieve that taken together we have a 1990, the Victims’ Rights and Restitu- force their rights. formula for success, and this law will tion Act, which increased funding for And a new use of a very old proce- work, and hopefully become the model victim compensation and assistance, dure, the writ of mandamus. This pro- for our States. and codified a victims’ Bill of Rights in vision will establish a procedure where So why is the law needed? the federal justice system; a crime victim can, in essence, imme- Senator KYL and I have been working 1994, the Violence Against Women diately appeal a denial of their rights on this issue for the past 8 years. We Act, which authorized over $1.6 billion by a trial court to the court of appeals, offer this legislation because the scales over six years to assist victims of vio- which must rule ‘‘forthwith.’’ Simply of justice are out of balance—while lence and prevent violence against put, the mandamus procedure allows criminal defendants have an array of women and children; an appellate court to take timely ac- rights under law, crime victims have 1996, the Mandatory Victims Restitu- tion to ensure that the trial court fol- few meaningful rights. tion Act, which required courts to In case after case we found victims, lows the rule of law set out in this stat- order restitution when sentencing de- and their families, were ignored, cast fendants for certain offenses; ute. 1996, the Justice for Victims of Ter- These procedures, taken together, aside, and treated as non-participants rorism Act, which appropriated funds will ensure that the rights defined in in a critical event in their lives. They to assist and compensate victims of the first section are not simply words were kept in the dark by prosecutors to busy to care enough, by judges focused terrorism and mass violence; on paper, but are meaningful and func- on defendant’s rights, and by a court And 1997, the Victim Rights Clari- tional. system that simply did not have a fication Act, which reversed a pre- The bill also has two separate re- sumption against crime victims ob- source provisions, which together will place for them. The result was terrible—often the ex- serving any part of the trial pro- authorize the appropriation of $76 mil- perience of the criminal justice system ceedings if they were likely to testify lion over the next five years to ensure left crime victims and their families during the sentencing hearing, an issue that the federal government assist victimized yet again. which developed during the Oklahoma crime victims in asserting these rights, Let me be clear. I am not talking City bombing case. Specifically, this and to encourage states to do the same: about the necessary emotional and psy- legislation prohibited courts from (1) The bill authorizes a total of $51 mil- chological difficulties which are almost excluding a victim from the trial on lion over five years for crime victim inevitable in our adversary system. the ground that he or she might be assistance grants administered by the Cross examination can be hard. The called to provide a victim impact Department of Justice to establish and legal system sometimes must seem statement at sentencing, and (2) ex- maintain legal assistance programs complex and irrational to those who do cluding a victim impact statement on throughout the nation. not work in it. Sometimes judges and the ground that the victim had ob- These institutions are key to the suc- juries make decisions that victims of served the trial. cess of this legislation, for this is how crime do not like. But that is not the All of these laws represent a step in victims’ rights will be really asserted problem that this law addresses. the right direction. But they are not and defended—by lawyers, standing up That problem is one of process and enough. They don’t really work to pro- in court, and explaining to judges and fairness. The rights I have spoken tect victims’ many had hoped. Why is prosecutors what the law means, and about are basic, and do not come at the this? I believe it because they fail to how it applies in the case at hand. expense of defendant’s rights. provide an effective procedure for vic- Rights and remedies need articulation Boiled down, they involve the simple tims to assert standing and vindicate to work, and this money will help right to know what is going on, to par- their rights. The bill before us builds make that happen. ticipate in the process where the infor- on these earlier attempts, and goes one These grants, championed by my col- mation that victim’s and their families very important step farther—linking league Senator LEAHY, provide a total can provide may be material and rel- rights to remedies, and, I hope, fixing of $25 million over five years for a spe- evant, and the right to be safe from vi- the problem with these earlier laws. cific, and critical, purpose: to ‘‘develop olence. Some have asked—why proceed with and implement’’ the type of notifica- I mentioned earlier the dramatic dis- a statute, rather than a Consitutional tion systems that take full advantage parity between the rights of defendants amendment? Why a law and not a con- of modern technology. in our constitution and laws, and the stitutional amendment? Computers, linked to sophisticated rights of crime victims and their fami- Senator KYL and I have been working telephone or automatic mailing sys- lies. My point is to illustrate that our for many years towards a constitu- tems, can help us ensure that the right government, and our criminal justice tional amendment to establish these to notice, set out in the first section of system, can and should care about both rights. I have always believed that this bill, is not simply abstract, but is the rights of accused and the rights of amending the Constitution is the best made real by a notification system victims. That is what this law address- way to ensure victims’ rights are pro- that can provide ‘‘accurate, and time- es. tected in the criminal justice process. ly’’ notice to victims’ of crime and Some have said that current law is But many have disagreed, arguing that their families. adequate. For instance, the Victim of we should try, once again, a legislative This act, of course, binds only the Crime Act of 1984 sets out rights for approach. federal system, but is designed to af- victims—in fact the bill before us re- It is clear to me that passage of a fect the states also. First it is hoped states many of those rights. But prior Constitutional amendment is impos- that states will look to this law as a laws did not have the critical combina- sible at this time. If we tried, and model and incorporate it into their tion of rights and remedies that we failed, it could be years before we could own systems. This law encourages that now offer. try again. Victims of crime have wait- by allowing both types of grants—legal In fact, a number of victims’ rights ed years for progress, and a com- assistance and victim notification—to laws have been passed: promise approach, resulting in the bill be provided to state entities, and for 1982, the Victim and Witness Protec- now under consideration, will result in use in state systems, where the state tion Act, mentioned before, which pro- meaningful progress.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.050 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4263 Will it work? I hope so. The bill be- a homicide victim, I testify . . . with the be present at that public proceeding, fore us is a new and bolder approach, unique advantage of understanding the the right to make a statement when than has ever been tried before in our plight that victims and their families face in appropriate, the right to have restitu- Federal system. the criminal justice system . . . When a per- tion, if ordered by a judge, the right to son is victimized by crime, he or she is The standing provision, coupled with thrust into a whole new world in which the know when your assailant or attacker the mandamus provision, may have the State’s or the government’s needs take pri- is released from prison, and the right desired effect. This will be a test, and I, ority. to be treated by our prosecutors and by for one, will be watching it closely. This is the most devastating time in a per- our criminal justice system with re- I think for both Senator KYL, and son’s life, when they have lost a loved one to spect and dignity. That is not too now for Senator HATCH, the distin- homicide or violent crime; they need protec- much for the Congress of the United guished chairman of the Judiciary tion. States to strive energetically to They need to let the court know how this Committee, and Senator LEAHY, the crime has impacted their lives, because it achieve for the 22 million victims in distinguished ranking member, who will have a long-lasting, traumatic impact in this country. join us as major cosponsors of this bill, their lives. It’s important that they have the It is with great pleasure that over that we will follow this bill carefully opportunity to say something to defend their the years I have worked with Senator and we will see whether the enforce- loved one. KYL to achieve this. Once again, I can- ment rights contained in this bill are This terrible story took place in my not thank him too much. adequate. If not, you can be sure as the home State of California. This bill will I thank the Chair. I yield the remain- Sun will rise tomorrow, we will be back help fathers like Mr. Gillis: he would be der of my time to the distinguished with a constitutional amendment. notified of key proceedings, and be able Senator from Arizona. This bill is named after some of the to participate in a meaningful way. The PRESIDING OFFICER (Mrs. victims. Both Senator KYL and I brief- I would like to tell you about Nila DOLE). The Senator from Arizona. ly want to state the story of the vic- Ruth Lynn. Here is her picture. She Mr. KYL. Madam President, it isn’t tims after whom the bill is named. I was 69 years old. She was murdered at always possible for us to schedule mat- would like to tell the Senate a little a homeowners association meeting on ters in the Senate in a convenient way. bit about Louarna Gillis, who was 22 April 19, 2000, when an angry man I am aware Senator FEINSTEIN must years old when she was slain on Janu- stormed into the meeting and an- leave to attend another meeting. It is ary 17, 1979, as part of a gang initi- nounced: ‘‘I’m going to kill you.’’ my hope she will able to be here before ation. Her murderer wanted to enter He was unhappy with the way the as- we vote. the world of narcotics as part of the sociation had trimmed the bushes in While she is still here, I must say I Mexican Mafia and was told the his yard the previous month. Nila and share her sentiment that some of the quickest way to do so was to murder another woman were killed and several most gratifying work I have done in the daughter of a Los Angeles Police other men were injured during the the Senate has been my work with Sen- Department officer. Can you believe it? rampage. She died on the floor in the ator FEINSTEIN and her good staff in It is true. arms of her husband Duane. They had putting together a constitutional Louarna Gillis was targeted by the been married 49 years and 9 months. amendment and working hard to try to killer. He knew her in high school. Nila left behind Duane and six chil- get it passed and preparing for the That was the reason he targeted her. dren. The money the children had been hearings—speaking with the victims, The murderer picked her up a few saving for a 50th wedding anniversary meeting with the Justice Department— blocks from her home, drove her to an gift was instead used to pay for her literally hundreds of hours of time we alley in East Los Angeles where he casket. have spent together working on this shot her in the head as she sat in the Duane Lynn suffered through long issue. It has helped to foster a bond of car. He pushed her into the alley and delays and continuances in this case. trust and friendship between us that I fired additional shots into her back. Despite clear State constitutional and think could be used as a template for Louarna’s murderer was apprehended statutory rights, Duane was not al- our colleagues in this body to work to- 6 months later. He had a long history lowed to make a sentencing rec- gether in a bipartisan way. of violence, including felony convic- ommendation for his wife’s murderer. I can never thank Senator FEINSTEIN tions. Nila’s killer was sentenced to death. enough for her work on this amend- Louarna’s family was not notified of Duane wanted the defendant to be sen- ment. I know the many victims who the arraignment, nor were they noti- tenced to life imprisonment without are here in the gallery share that senti- fied of other critical proceedings in the possibility of parole, rather than ment. this case. Her family’s rights were deal with the continuing appeals in- This legislation would not be before largely ignored. The first trial resulted volving the death sentence. us today without Senator FEINSTEIN. in a hung jury, 11 for first-degree mur- The U.S. Supreme Court has denied That is simply a fact. For all of the der, 1 not guilty. Louarna’s father, its petition for a review of the Arizona hard work we have put in with her co- John Gillis, was not allowed in the Supreme Court’s refusal to protect the operation and her commitment to this, courtroom. right. He testified before the Senate I thank Senator FEINSTEIN deeply. She At the second trial, the murderer Judiciary Committee on April 8. Here knows that bond of trust will continue pled guilty to second-degree murder to is what he said: to exist between us. avoid the death penalty. He was sen- We, as a family of the victim, which was Mrs. FEINSTEIN. Madam President, tenced to 17 years to life. Parole for my wife, my love, the person I still expect to I thank the Senator. I do appreciate Louarna’s murderer has successfully walk through my front door every day—she those words. They mean a great deal to been blocked by her family to this day. was a real person, not just a name and a me. He will be eligible for parole again in number on a document. We could say noth- If I might, I ask unanimous consent the next 6 to 8 months. Louarna’s fa- ing about the consequences of that man who to add the Senator from Maryland, took all this away from me. You have no ther, a former homicide detective with idea what this feels like. The evil done by a Senator MIKULSKI, as a cosponsor of LAPD, had just left an intelligence as- murderer inflicts tragedy, and that is bad the bill. signment working against street gangs enough. But injuries inflicted by our legal The PRESIDING OFFICER. Without and the Mexican Mafia at the time of system are even harder to take. I felt kicked objection, it is so ordered. her murder. Can you imagine? around and ignored by the very system the Mrs. FEINSTEIN. Madam President, Mr. Gillis was later appointed by government has in place to protect law-abid- I would like to retain the remainder of President George W. Bush as the Direc- ing citizens. my time. tor of the Justice Department’s Office This is not the way criminal justice Mr. KYL. Madam President, I ask for Victims of Crime. He testified be- should be practiced in the United unanimous consent that Senators NICK- fore Congress on July 17, 2002. I said: States of America. The time has come LES and INHOFE be added as original co- I know firsthand the personal, financial, to give victims of crime the right to sponsors of the legislation. and emotional devastation that violent participate in the system, the right to The PRESIDING OFFICER. Without crime exacts on its victims. As a survivor of notice of a public hearing, the right to objection, it is so ordered.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.052 S22PT1 S4264 CONGRESSIONAL RECORD — SENATE April 22, 2004 Mr. KYL. Madam President, I join keep going. When Senator FEINSTEIN not as a government provide adequate Senator FEINSTEIN in supporting S. and I would get discouraged, after protection for them. 2329, which is the statutory version of meeting with victims’ rights groups we I came to realize in many cases these the constitutional amendment we have were no longer discouraged; we were victims were being victimized a second prepared and about which Senator even more committed to pursue this time because while we were asking FEINSTEIN has spoken. head on. Some of them are headed by them sometimes to come into court The legislation, as I will describe in a remarkable people. There is a whole and testify against the perpetrators of moment, will attempt to accomplish as page of groups I will thank. the crime so they could be incarcerated much as possible the same goals the Specifically, I thank Mothers or dealt with in an appropriate way for constitutional amendment which has Against Drunk Driving, the National the further protection of society, we been pending before us would have ac- Organization for Victim Assistance, were not helping these victims at all. complished. Parents of Murdered Children, and They were suffering through the trau- But before I discuss the details of Force 100, and especially Colleen Camp- ma of the victimization and then being that, there are several people I would bell for her leadership of Force 100. thrown into a system which they did like to thank. In addition to Senator Senator FEINSTEIN has already spoken not understand, which nobody was FEINSTEIN—again it is impossible to ex- of Colleen Campbell, and this pin in helping them with, and which literally press my appreciation enough for all of memory of Mickey Thompson speaks prevented them from participation in the hard work she put into this effort. volumes about her leadership of this ef- any meaningful way. I came to realize We simply couldn’t be here, because in fort. there were literally millions of people order to get things passed in the Sen- The fact this is Crime Victims’ out there being denied these basic ate it is critical there be a bipartisan Rights Month and week I think is im- rights, being victimized by our crimi- consensus, especially so for something portant. President Reagan actually had nal justice system. that requires a supermajority. Without the first recognition of crime victims Let me mention two circumstances, Democrats and Republicans working in a week that was designated for that but we will discuss all of the rights in together, we would have never gotten purpose. a moment. The one circumstance that to this point. Certainly Senator FEIN- I think it is important at this time seemed to be the most frequent is: My STEIN was largely responsible for the we especially recognize the victims of mother was murdered, my daughter work on the Democratic side of the crime all over America; that with this was murdered—whatever the situa- aisle. year’s memorial of victims’ rights, tion—and I could not attend the trial. I appreciate all of my colleagues’ un- America’s values will be vindicated to That is what our system says today. derstanding and support on this as some extent with the passage of this While there are statutes in States well. legislation. and even some State constitutional Senator FRIST, who is willing to trust It is especially poignant we would be provisions that purportedly guarantee us in scheduling this for time on the waiting at this time to recognize these a victim will not be denied access to floor—and there is very little time to rights of victims of crime. Indeed, it is the courtroom, it is still the case today take up matters, as the Presiding Offi- right to take up this issue. The right to that the victims, the victims’ families, cer knows—understood this was a very fairness for crime victims and the right cannot even go into the courtroom. important commitment we had made to notice and presence and participa- The defendant is there, the defendant’s to the victims of crime. During Crime tion are deeply rooted concepts in the family is there seated in a reserved row Victims’ Rights Month was the time to United States of America. This country seats, but the victim and the victim’s try to accomplish this. I appreciate his is all about fair play and giving power family cannot be present. That is fun- support. to the powerless in our society. It is damentally wrong. We are not talking I appreciate the support of Senator about recognizing the values of liberty even about them saying anything. Ob- HATCH who throughout the years has of the individuals against encroach- viously, everyone in the courtroom has never stood in the way but always lent ments of the Government. to behave. The judge can throw any- us a hand in setting up a hearing and Fair play for crime victims, mean- body out if they do not behave or if getting a time and a room for markup ingful participation of crime victims in they express emotions or try to com- on the constitutional amendment and the justice system, protection against municate with the jury. That is not the supporting its passage. a government that would take from a issue. Again, it is not easy to get a con- crime victim the dignity of due proc- They could not attend sometimes be- stitutional amendment through even ess—these are consistent with the most cause the defendant’s would the Judiciary Committee, let alone to basic values of due process in our soci- say: It would be prejudicial to my cli- get it adopted. But Senator HATCH was ety. ent if the victims are seen in the court- supportive of that effort. I very much I was involved in Arizona issues for room. This was one of the cir- appreciate his cosponsorship of the victims of crime even before I ever ran cumstances that I could not believe our statutory version of this amendment, for the U.S. House of Representatives, criminal justice system was imposing. as well as the support of Senator so this was to some extent a cause for It is one of those things that is fixed in LEAHY. me before I became a public official. It this statute. I think I would be remiss if I didn’t was after I became a public official and The other circumstance—and there is make the point that the first cospon- people really came to me with these an especially telling, emotional case in sors of this legislation were Senator stories that I realized I had an oppor- Arizona I became familiar with which FEINSTEIN, myself, and Senators HATCH tunity to do more than the things I had induced me to pursue this with all the and LEAHY, chairman and ranking done before. I have come to see the vigor I could—is the circumstance member of the Judiciary Committee. need for these protections as critical where a crime has been committed, the Obviously this legislation has very for our country. perpetrator has been convicted and is strong support. We anticipate it will While engaged in all of the other im- in prison or jail, but unbeknown to the pass overwhelmingly and will be quick- portant activities, at bottom, it is a victim and the victim’s family, the in- ly sent to the House for action there, country about individuals who have in- dividual gets out of jail. The individual and hopefully to the President, who I herent rights recognized and given to escapes, has some kind of a parole am confident will be supportive of it us by God. That is the basis for the cre- hearing or in some other way is able to and will sign it. ation of this country. Human dignity leave before the sentence is up, and the Let me at this point thank some of and the right that all people are made victims are not even notified, let alone the victims’ rights organizations. in God’s image is such an important given an opportunity to appear before Again, they were responsible for bring- part of the foundation of our country that parole board and say: Wait a ing the issue to our attention and for that we would be remiss if we did not minute, this person has a 15-year sen- providing a lot of the information we recognize that concept, that value, es- tence and you are letting him out after needed to be able to make the cases pecially for those who have been vic- 8 years. Let me tell you what he did to and for, frankly, the moral support to timized in our society because we could me.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.055 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4265 Not to go into detail but to finish State of Arizona. He and his wife Nila Just a final I think paradoxical or that story, in one of the Arizona cases literally fell in love as teenagers and ironic ending in the Duane Lynn mat- with which I am familiar, the woman had been married 49 years and 9 ter. He wanted to speak at the time of having been brutally raped and slashed months, just 3 months shy of their 50th sentencing, not to urge the court to and left to die recovered. Her perpe- anniversary when she was brutally impose the death sentence but to im- trator was convicted and put into pris- murdered as Senator FEINSTEIN talked pose life without parole. That rec- on. He had a parole hearing and the pa- about. They had left their home to at- ommendation was denied because, as I role board decided to release him pre- tend this homeowners’ meeting and said, the court held that the defend- maturely. She got no notice of that. just happened to be in the wrong place ant’s rights outweighed his rights. She got no opportunity to be present. at the wrong time because the mur- Let me talk about some of the other By not quite coincidence but enor- derer, who was a disgruntled and en- victims. I just briefly want to mention mous alertness and compassion on the raged former resident of the commu- Louarna Gillis, because John Gillis, part of an individual in the Governor’s nity, burst into the room saying, I am her father, who was a Los Angeles po- office at the time routinely reading going to kill you, and he started shoot- lice officer at the time, is now a very through the notices of the parole ing. important person in our Government in board, a staff person saw this and again As I said, Duane and Nila had been protecting victims’ rights because he almost coincidentally thought, Wait a married not quite 50 years when she heads up the Office for Victims of minute, I don’t think that is right was brutally murdered. In anticipation Crime in the Department of Justice. under our law. He tracked down this of the golden anniversary of their par- One of the reasons the Attorney Gen- individual who had by then moved to ents, the Lynn children had secretly eral and the President wanted him in California and asked her if she would been saving money to throw a surprise that position is because he felt first- like an opportunity to appear before anniversary party, and that money was hand the sting of being a crime victim another parole board hearing if that used to pay for Nila’s casket. when his daughter was killed, picked could be arranged. She said yes. The It is at this point that Duane’s jour- out at random by a gang member be- parole board agreed to revisit the issue ney through the legal system really cause the gang member, to be initiated in a subsequent hearing and she testi- started. As Senator FEINSTEIN re- in the gang, had to kill the child of a fied. She told her story. After she told counted, he did not really understand cop. She just happened to be a child of her story, the parole board reversed its what it meant to participate in the ju- a cop and she was killed. opinion. dicial system at that time but at least John could not be here today, but his I asked her later: Were you afraid he understood that he would have some wife Patsy is in attendance. I commend would come after you if he were re- voice in what happened. her for her support of this effort as Under the Arizona law and constitu- leased? She said: No. My victimization well. was random. I was trying to hitchhike. tion, he had a right, for example, to Their family has suffered further I should never have done it. make a recommendation to the judge tragedy in the very recent death of He—and, by the way, his wife—picked when the judge sentenced the perpe- their only other child, their son John. her up and she was then brutalized as I trator. But despite having that right in So it reminds us that it is important described it. She said: It was random. I the Arizona Constitution—and, by the not only for people to have rights as don’t think he would come after me way, Arizona judges are pretty good victims of crime, but to recognize that again. What I was concerned about was about enforcing these rights—he was these very people are the people who knowing the nature of the kind of indi- denied the right to even appear at the are willing to take up the cause here to vidual that commits this kind of crime, time of sentencing to tell the judge the right this injustice. he would do it again to somebody else. sentence he thought the perpetrator I didn’t want him to have that oppor- should get. By John Gillis’ efforts, he literally tunity to hurt somebody else like he He lost an appeal to the Arizona Su- became the person in charge of this hurt me. preme Court and a petition for certio- issue in our Government. He is doing That tells you about the motivation rari to the U.S. Supreme Court. They an incredibly great job. Part of this of these victims of crime who are will- all told him his rights were unenforce- legislation is to give him some addi- ing, despite the hurt that it causes able because for him to speak would tional responsibility and a little bit them, to participate in the criminal violate the defendant’s eighth amend- more in the way of resources to see to justice system—not just for themselves ment rights against cruel and unusual it that our Federal Government, because they get nothing out of it—be- punishment. through the Department of Justice, the cause they know what it is like and Now, that is one of the reasons that Attorney General, and the Office for they want to prevent that harm to oth- Senator FEINSTEIN and I believed that Victims of Crime, can continue to sup- ers. a constitutional amendment was nec- port the effort of crime victims. I ap- Those are the kind of people whose essary, because as long as the defend- plaud John Gillis very much and appre- portraits are behind me and who Sen- ant’s rights are always asserted as Fed- ciate his wife Patsy being with us ator FEINSTEIN was talking about. That eral constitutional rights, a mere stat- today. is why we are trying to do something utory right, such as we are creating Let me mention three other people, about righting this wrong, about bal- today, is going to be subservient to because this legislation is named for ancing the scales of justice. Rightly, that. It will be very difficult for vic- five people—the two I mentioned and defendants in this country are pro- tims to win in cases where the defend- then the other three I will mention. tected better than in any country in ant’s right is asserted under the U.S. Let me discuss each of them. the world through constitutional Constitution. Roberta Roper is also in attendance. amendments that give them rights. We Even as a State constitutional right, There is nobody who has pursued the are not trying to take one single right Duane Lynn was denied the right to cause for victims’ rights more strongly away from any defendant. That would speak because the court perceived that than Roberta Roper. She has made nu- be wrong under our system. But we do the Federal eighth amendment super- merous trips to Washington. She has think it is time to balance the scales of seded the Arizona State Constitution. testified before the Judiciary Com- justice. That was the motivation for So we may still have problems, even mittee in support of the constitutional Senator FEINSTEIN and me. with the adoption of a statute here. amendment. She has given us incred- Let me talk about some of these indi- But Senator FEINSTEIN and I are com- ible advice and strength. What she did, viduals. Senator FEINSTEIN talked mitted to moving the cause forward, to after her victimization, when her about Duane Lynn. Duane is from Ari- see whether it is possible to make stat- daughter Stephanie was murdered at zona. I will not repeat the entire story, utes work, so that we do not need a the age of 22, was to start a foundation but he enjoyed the Navy as a young Federal constitutional amendment. If, in her daughter’s name, and that man. He performed in the military. He as it turns out, we do, then we will re- Stephanie Roper Foundation has been had a successful career as a highway visit the issue, as she said. Hopefully, a tremendous asset in pursuing the patrolman upholding the laws of the we will not need to do that. cause of victims around the country.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.057 S22PT1 S4266 CONGRESSIONAL RECORD — SENATE April 22, 2004 Her daughter, on April 3, 1982, was I would also like to mention Robert As Senator LEAHY said in a press con- kidnapped and raped, tortured and dis- Preston. In the case of Bob Preston’s ference we had earlier: The Judiciary membered by two men. The killers had 22-year-old daughter, Wendy—the beau- Committee of the Senate will provide just come upon her when Stephanie’s tiful young lady shown in this picture very strong oversight of implementa- car had been disabled. They had kid- right here—she was murdered in his tion of this statute so we will know if napped her and over a period of 5 hours home on June 23, 1977. She was killed it is not working. If it does not work, had repeatedly tortured her. She tried when a man broke into the home to we will be able to come back and pur- to escape but was caught and killed in steal money to buy drugs. Her body sue the constitutional remedy. But we a most brutal manner. was found 6 days later. Wendy’s mur- consulted with the victims’ rights Her parents were not even notified of derer was arrested and charged with groups that have been most active in the many continuances that were first-degree murder. Her parents were support of this. They concurred it was granted in this case. They were ex- told that the State of Florida was the time to pursue the statutory remedy, if cluded from the courtroom for the en- victim in the case and they would be we could get some assurance we would tire first trial that occurred. They notified if and when they were called as be successful in that pursuit and that could not even go into the courtroom. witnesses. That was it. it would not be simply a fool’s errand. In 1982, the defense convinced the court After nearly 6 years, the murderer Through the significant help of an in- that the victims would be emotional, was allowed to plead to a second-degree dividual who I am sure all would ac- irrelevant, and probable cause for a re- murder charge, and he was sentenced knowledge has been the national leader versal of an appeal. The court agreed to life in prison. In 1987, the Florida of this effort, Steve Twist, a lawyer and, therefore, denied Vince and Ro- Supreme Court overturned the killer’s from Phoenix, AZ, communicating berta Roper the right to be a voice for conviction, and in the decision also with the various victims’ rights their daughter. held that the victims had no rights. groups, the consensus was reached it That is one of the things that will be This is the kind of example that needs was time for us to convert the con- corrected by this legislation. We hope a to be brought to light so Americans stitutional proposal into a statute. statutory correction will serve to be can appreciate that it is time for Con- This occurred within the last 48 hours. sufficient. gress to act. Through the cooperation of Senator Roberta Roper is in attendance, and I This is Wendy Preston, yet another LEAHY, Senator HATCH, staff, and sev- thank her from the bottom of my example of victims being treated un- eral other Senators, but most impor- heart. She and Collene Campbell—who fairly. tantly because of the very hard work I will mention next—have been two of There are a lot of other cases we done by Senator FEINSTEIN’s staff and the real troopers in this battle. could talk about. Wendy Preston and mine, they were able to literally con- I also want to say, with regard to Stephanie Roper, Scott Campbell, vert these rights in the constitutional Collene Campbell, when Senator FEIN- Mickey Thompson, Nila Lynn, and proposal into the statutory proposal STEIN discussed the death of her son Louarna Gillis are the best of America. for submission. That is what is before Scott, it is unfortunately the case in We owe them our best. Our best is to us today and what we will be voting on. many of these situations that more ensure the families of future victims These are the rights that are set than once people are victimized. will not suffer through the same indig- forth in the new statute: That the vic- Collene and Gary Campbell have been nity their families have had to endure. tim would be reasonably protected victimized twice. Collene’s brother was That is why Senator FEINSTEIN and I from the accused; afforded reasonable, killed as well and that has been dis- began the effort to try to persuade our accurate, and timely notice of any pub- cussed as well. colleagues a constitutional amendment lic proceedings involving the crime or One of the killers of their son Scott was necessary to protect these rights, any release or escape of the accused; was released from prison. By the way, because the defendant’s right was al- included in public proceedings; ensured the circumstances of Scott’s murder ways constitutional. Unless we had an proceedings are free from unreasonable were especially gruesome. He met an equal constitutional right, there was delay; that they could confer with the individual who was going to fly him to no chance in a conflict the court would attorney for the government in the North Dakota, and somewhere between ever afford the victim an equal right. case; that they would be given a voice Los Angeles and Catalina Island, Scott That is why we still have reservations to be heard at any public proceeding Campbell was killed. His body was lit- about a statutory remedy. involving release or plea or sentencing. erally thrown out of the airplane into But a lot of our colleagues have said, I ask unanimous consent to take the ocean and has never been located. try a statutory remedy and let’s see if time from the time under the control His parents were not permitted to by bringing these situations to light, of Senator FEINSTEIN. enter the courtroom during the trials by providing incentives for States to The PRESIDING OFFICER. Without for the men who murdered their son. follow the Federal example, by em- objection, it is so ordered. They were not even notified of a dis- bodying these same rights that were in Mr. KYL. I noted in a rather inac- trict court of appeals hearing. When the constitutional proposal in a statute curate Washington Post editorial of one of the killers was released, as I and giving the victims a right to sue, a yesterday that somehow victims would said, the Campbell family was not noti- remedy, a mandamus remedy, let’s see have a right to speak to the jury. That fied. They only learned of the develop- if that can work. is what the Washington Post thought. ments through the newspaper. After 8 years of work on the Federal They were very wrong, as they were in You can argue that a defendant constitutional amendment, supported other comments in the editorial. There might be prejudiced in certain situa- by President Bush and the Attorney is nothing in here about anything like tions by victims having certain rights, General, we were able to schedule, that. It is only during the time of a re- but to treat victims this way is not to after we passed the bill through the Ju- lease, like the parole hearing I talked treat them with the fairness and dig- diciary Committee, that constitutional about earlier, or sentencing or pleading nity any American deserves under our amendment for floor action today. there would be an opportunity to values as a nation. Even when these Knowing we would not have the 67 speak. rights exist in statute, when they are votes to pass it, we decided it was time They would have a right to full and not observed, it is time for the Con- to get something tangible in statute to timely restitution in appropriate cases, gress to act. That is why we act here, protect the rights of victims, and ac- and the right to be treated fairly, with so that no one else will have to suffer companying it could be a modest ap- respect for their dignity and privacy. through this kind of unfair treatment. propriation of money to help actually Most importantly, they would be Scott Campbell is shown in this pic- support these victims in court when granted the right to enforce these ture. I mentioned Nila Lynn before, as that was necessary and called for. We rights. They would have legal standing shown in this picture. Roberta Roper’s believed despite the potential that it to enforce their rights in court with daughter Stephanie is this beautiful would not serve adequately, it was the appropriate writ procedure to be young lady shown in this picture right time to try something, to be success- able to take the court’s decision to the here. As I said, her mother is with us ful, and to at least move the ball for- higher court. That is one of the prob- today. ward. lems with existing Federal law which

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.059 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4267 the Tenth Circuit Court of Appeals Association of Chiefs of Police; the Na- need, and that the notice that is guar- noted did not grant the victims the tional Restaurant Association; U.S. anteed in the legislation will be pro- standing to sue. So that had to be cor- Chamber of Commerce; Maricopa Coun- vided. Those are the authorizations for rected here. ty attorney Rick Romely and county the funding. That is a description of Finally, we authorized an appropria- attorney Barbara LaWall in Arizona, the legislation. tion of funds to assure the proper over- who have helped me a lot in this effort; I will close by again referring to the sight of these rights is exercised, that District Attorney Josh Marquis; the people who have driven this effort, the moneys would be made available to en- Arizona Voice for Crime Victims. people who represent the families and hance the victim notification system, On Senator HATCH’s staff, I thank who are themselves victims of crime, managed by the Department of Jus- Grace Becker, and on Senator CORNYN’s who did not simply retreat into a shell tice’s Office for Victims of Crime, and staff, Jim Ho. On Senator FEINSTEIN’s following the tragedy that befell them the resources additionally to develop staff, I can’t thank enough Steve Cash but who were willing to muster the state-of-the-art systems for notifying and David Hantman who have been tre- courage and the strength to do some- crime victims of important states of mendously helpful in providing great thing about the issue, not necessarily development. advice and counsel, particularly in the so that they could receive any par- To pursue that a moment, all courts last 3 or 4 days, helping us to convert ticular kind of vindication, but so fu- notify attorneys for the defendant, the the amendment to a statutory provi- ture victims would not have to suffer prosecutor’s office, and it is a rel- sion and in working on the Democratic through the same kind of problems and atively simple matter to add another side to make this a truly bipartisan the same indignities they did. name and telephone number or address process. This is the real spirit of great people, to that list. That is what we are talk- Without their assistance, we would of leaders, and it is the spirit of Amer- ing about here. It is now being done not have the statute before the body ei- ica. I commend all of these victims for electronically. It is very easy. So the ther. the leadership role they have played in notice to victims of crime is not some- I have a couple legal interns, Tom being willing to step out in very dif- thing that should be seen as an impedi- Stack and Kevin Wilson, who provided ficult circumstances to prod those of us ment. tremendous help to me, and finally I in the legislative body to move this I would like to conclude by thanking wish to thank my chief person on my process forward and to get this legisla- some people. Since I know Senator staff, Stephen Higgins and I mentioned tion adopted. They are the ones who deserve the primary thanks today. FEINSTEIN did have to attend another Steve Twist. The victory, when we pass this legis- meeting, let me thank some folks. Be- All of these organizations and indi- lation, will be largely a victory for fore I do that, I ask unanimous consent viduals have been of tremendous help them and all of the future victims who to add Senators LOTT and NICKLES as in getting to this point and ensuring will never have to suffer the same kind original cosponsors. we will be able to get this statutory The PRESIDING OFFICER. Without of indignities that they did. provision passed and sent over to the Mr. President, as the sponsor of this objection, it is so ordered. House for action. bill, I would like to enter into a col- Mr. KYL. As soon as Senator LEAHY Madam President, I am going to con- is here, I will relinquish the floor to loquy with the Senator from Cali- clude with a couple of points. As soon fornia. She is the primary cosponsor of him. as Senator LEAHY arrives, I am going I do want to thank President Bush this bill. After extensive consultation to relinquish the floor to him because with our colleagues, we have drafted a and Attorney General Ashcroft; the Of- Senator FEINSTEIN has the remainder fice for Victims of Crime Director John bill with a broad bipartisan consensus. of the time, and I advise colleagues, if It is not the intent of this bill to limit Gillis and the administration for their anyone wishes to speak, they should do help; Colleen Campbell and her hus- any laws in favor of crime victims that so right away because I suspect at the may currently exist, whether these band Gary; Roberta Roper; Bob Pres- conclusion of Senator LEAHY’s remarks laws are statutory, regulatory, or ton; Duane Lynn; Earlene Eason from and anything Senator HATCH and Sen- found in case law. I ask Senator FEIN- Indiana, whose son Christopher was ator FEINSTEIN wish to say, we will pro- STEIN if she agrees. murdered; Sally Goelzer from Arizona, ceed to the final passage vote. Mrs. FEINSTEIN. Yes, it is not our whose brother was murdered; Myssey The act before us, in addition to set- intent to restrict victims’ rights or ac- Hartley from Arkansas, whose brother ting forth the rights and providing a commodations found in other laws. I was murdered; Dee Engles, also from remedy for the victims of crime, has an would like to turn to the bill itself and Arkansas, a family member murdered; authorization of funding. Let me de- address the first section, (a)(1), the the National Organization for Victim scribe that authorization. right of the crime victim to be reason- Assistance, especially Beth Rossman, In the first year, fiscal year 2005, $16.3 ably protected. Of course, the Govern- president, Marlene Young, executive million will be available to the U.S. ment cannot protect the crime victim director, and John Stein, deputy direc- Attorney’s Victims Witness Office for in all circumstances. However, where tor, who has been a tremendous help; the Victims of Crime Office in the De- reasonable, the crime victim should be the National Organization of Parents partment of Justice; $300,000 is for the provided accommodations such as a se- of Murdered Children, Nancy Ruhe- Office of Victims of Crime to admin- cure waiting area, away from the de- Munch, executive director; Mothers ister these new rights; $7 million to the fendant before and after and during Against Drunk Driving, Wendy Ham- Office of Victims of Crime for the Na- breaks in the proceedings. ilton, president, and Stephanie Man- tional Crime Victim Law Institute to Mr. KYL. I would like to address the ning; Professor Douglas Beloof, direc- provide grants and assistance to law- notice provisions of section 2, (a)(2). tor of the National Crime Victim Law yers to help victims of crime in court. The notice provisions are important Institute, one of the entities integral It is the only entity in the country because if a victim fails to receive no- to ensuring these rights are enforced— that provides lawyers for victims in tice of a public proceeding in the crimi- he has done a tremendous job in Or- criminal cases, and it will provide for nal case at which the victim’s right egon in setting up the programs and two new regional offices and nine spe- could otherwise have been exercised, the lawyers who can defend victims’ cific clinics. Finally, borrowing a pro- that right has effectively been denied. rights—Attorney Meg Garvin, lead vision from a bill Senator LEAHY had Public proceedings include both trial staff attorney at NCVLI; Attorney earlier, there is $5 million for grants to level and appellate level court pro- General Jane Brady and the National States to develop and implement state- ceedings. It does not make sense to Association of Attorneys General—this of-the-art victim notification systems. enact victims’ rights that are rendered has been a bipartisan effort and almost In the following 4 years, there will be useless because the victim never knew every attorney general in the country each year authorized an appropriation of the proceeding at which the right has signed on; the National District of $26.5 million generally to the same had to be asserted. Simply put, a fail- Attorneys Association; the Fraternal entities and offices to ensure that ure to provide notice of proceedings at Order of Police, strongly in support of these programs are carried out, that which a right can be asserted is equiva- what we are doing; the International victims will have the support they lent to a violation of the right itself.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.062 S22PT1 S4268 CONGRESSIONAL RECORD — SENATE April 22, 2004 Equally important to this right to national security that require proce- matters at the time of the proceedings notice of public proceedings contained dures that necessarily deny a crime or if a victim cannot afford to travel to in this subsection is the right to notice victim the right not to be excluded a courthouse. In such cases, commu- of the escape or release of the accused. that would otherwise be provided under nication by the victim to the court is This provision helps to protect crime this section. This is as it should be. Na- permitted by other reasonable means. victims by notifying them that the ac- tional security matters and organized Is this the understanding of the Sen- cused is out on the streets. crime cases are especially challenging, ator of this provision? For these rights to notice to be effec- and there are times when there is a Mrs. FEINSTEIN. Yes. That is my tive, notice must be sufficiently given vital need for closed proceedings. In understanding as well. The victim of in advance of a proceeding to give the such cases, the proceedings are not in- crime, or their counsel, should be able crime victim the opportunity to ar- tended to be interpreted as ‘‘public pro- to provide any information, as well as range his or her affairs in order to be ceedings’’ under this bill. In this re- their opinion, directly to the court able to attend that proceeding and any gard, it is not our intent to alter 28 concerning the release, plea, or sen- scheduling of proceedings should take CFR Sec. 50.9 in any respect. tencing of the accused. This bill in- into account the victim’s schedule to Despite these limitations, this bill tends for this right to be heard to be an facilitate effective notice. allows crime victims, in the vast ma- independent right of the victim, and Restrictions on public proceedings jority of cases, to attend the hearings thus cannot prevent the victim from are in 28 CFR Sec. 50.9, and it is not the and trial of the case involving their being heard. intent here today to alter the meaning victimization. This is so important be- It is important that the ‘‘reasonably of that provision. cause crime victims share an interest be heard’’ language not be an excuse I ask Senator FEINSTEIN, if she can with the government in seeing that for minimizing the victim’s oppor- comment on her understanding of sec- justice is done in a criminal case and tunity to be heard. Only if it is not tion (a)(2)? this interest supports the idea that vic- practical for the victim to speak in Mrs. FEINSTEIN. My understanding tims should not be excluded from pub- person or if the victim wishes to be of this subsection is the same the Sen- lic criminal proceedings, whether these heard by the court in a different fash- ator’s. Too often crime victims have are pretrial, trial, or post-trial pro- ion should this provision mean any- been unable to exercise their rights be- ceedings. thing other than an in-person right to cause they were not informed of the This right of crime victims not to be be heard. proceedings. Pleas and sentencings excluded from the proceedings provides Of course, in providing victim infor- have all too frequently occurred with- a foundation for the next section, sec- mation or opinion it is important that out the victim ever knowing that they tion 2, (a)(4), which provides victims the victim be able to confer with the were taking place. Victims are the per- the right to reasonably be heard at any prosecutor concerning a variety of sons who are directly harmed by the public proceeding involving release, matters and proceedings. Section 2, crime and they have a stake in the plea, or sentencing. This provision is (a)(5) provides a right to confer with criminal process because of that harm. intended to allow crime victims to di- the attorney for the Government in the Their lives are significantly altered by rectly address the court in person. It is case. This right is intended to be ex- the crime and they have to live with not necessary for the victim to obtain pansive. For example, the victim has the consequences for the rest of their the permission of either party to do so. the right to confer with the Govern- lives. To deny them the opportunity to This right is a right independent of the ment concerning any critical stage or know of and be present at proceedings Government or the defendant that al- disposition of the case. The right, how- is counter to the fundamental prin- lows the victim to address the court. ever, is not limited to these examples. ciples of this country. It is simply To the extent the victim has the right I ask the Senator if he concurs in this wrong. Moreover, victim safety re- to independently address the court, the intent. quires that notice of the release or es- victim acts as an independent partici- Mr. KYL. Yes. The intent of this sec- cape of an accused from custody be pant in the proceedings. When a victim tion is just as the Senator says. This made in a timely manner to allow the invokes this right during plea and sen- right to confer does not give the crime victim to make informed choices about tencing proceedings, it is intended that victim any right to direct the prosecu- his or her own safety. This provision the he or she be allowed to provide all tion. Prosecutors should consider it ensures that takes place. three types of victim impact—the char- part of their profession to be available I would like to turn to section 2, acter of the victim, the impact of the to consult with crime victims about (a)(3) of the bill, which provides that crime on the victim, the victims’ fam- concerns the victims may have which the crime victim has the right not to ily and the community, and sentencing are pertinent to the case, case pro- be excluded from any public pro- recommendations. Of course, the vic- ceedings or dispositions. Under this ceedings. This language was drafted in tim may use a lawyer, at their own ex- provision, victims are able to confer a way to ensure that the government pense, to assist in the exercise of this with the Government’s attorney about would not be responsible for paying for right. This bill does not provide vic- proceedings after charging. the victim’s travel and lodging to a tims with a right to counsel but recog- I would like to turn now to the sec- place where they could attend the pro- nizes that a victim may enlist counsel tion on restitution, section 2, (a)(6). ceedings. on their own. This section provides the right to full In all other respects, this section is It is not the intent of the term ‘‘rea- and timely restitution as provided in intended to grant victims the right to sonably’’ in the phrase ‘‘to be reason- law. This right, together with the other attend and be present throughout all ably heard’’ to provide any excuse for rights in the act to be heard and confer public proceedings. denying a victim the right to appear in with the Government’s attorney in this This right is limited in two respects. person and directly address the court. act, means that existing restitution First, the right is limited to public pro- Indeed, the very purpose of this section laws will be more effective. ceedings, thus grand jury proceedings is to allow the victim to appear person- I am interested in the Senator’s are excluded from the right. Second, ally and directly address the court. views of this restitution provision. the Government or the defendant can This section would fail in its intent if Mrs. FEINSTEIN. I thank the Sen- request, and the court can order, judi- courts determined that written, rather ator. I join his comments. cial proceedings to be closed under ex- than oral communication, could gen- I would like to move on to section 2, isting laws. This provision is not in- erally satisfy this right. On the other (a)(7), which provides crime victims tended to alter those laws or their pro- hand, the term ‘‘reasonably’’ is meant with a right to proceedings free from cedures in any way. I ask the Senator to allow for alternative methods of unreasonable delay. This provision is that is his understanding of this sec- communicating a victim’s views to the does not curtail the Government’s need tion. court when the victim is unable to at- for reasonable time to organize and Mr. KYL. Yes. That it is my under- tend the proceedings. Such cir- prosecute its case. Nor is the provision standing as well. There may be orga- cumstances might arise, for example, if intended to infringe on the defendant’s nized crime cases or cases involving the victim is incarcerated on unrelated due process right to prepare a defense.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.065 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4269 Too often, however, delays in criminal tion of a crime victim. This provision a representative to assert a crime vic- proceedings occur for the mere conven- is critical because it is in the courts of tim’s rights ensures that where a crime ience of the parties and those delays this country that these rights will be victim is unable to assert the rights on reach beyond the time needed for de- asserted and it is the courts that will his or her own for any reason, includ- fendant’s due process or the Govern- be responsible for enforcing them. Fur- ing incapacity, incompetence, minor- ment’s need to prepare. The result of ther, requiring a court to provide the ity, or death, those rights are not lost. such delays is that victims cannot reasons for denial of relief is necessary The representative for the crime vic- begin to put the crime behind them and for effective appeal of such denial. tim can assert the rights. they continue to be victimized. It is Is that the understanding of the Sen- Second, a crime victim may choose not right to hold crime victims under ator? to enlist a private attorney to rep- the stress and pressure of future court Mr. KYL. Yes, it is. resent him or her in the criminal proceedings merely because it is con- Turning briefly to section 2, (c), case—this provision allows that attor- venient for the parties or the court. there are several important things to ney to enter an appearance on behalf of This provision should be interpreted point out in this subsection. First, the victim in the criminal trial court so that any decision to continue a where there is a material conflict be- and assert the victim’s rights. The pro- criminal case should include reason- tween the Government’s attorney and vision also recognizes that, at times, able consideration of the rights under the crime victim, this provision pro- the Government’s attorney may be this section. tects crime victims’ rights. This means best situated to assert a crime victim’s I am eager to hear the Senator’s view that if Government lawyers interpret a rights either because the crime victim on this. right differently from a victim, urge a is not available at a particular point in Mr. KYL. I concur in the Senator’s very narrow interpretation of a right, the trial or because, at times, the comments. I would add that the delays or do not believe a right should be as- crime victim’s interests coincide with in criminal proceedings are among the serted, they are in conflict with the those of the Government and it makes most chronic problems faced by vic- victim and this provision requires that sense for a single person to express tims. Whatever peace of mind a victim they inform the victim of this and di- those joined interests. Importantly, might achieve after a crime is too rect the victim to independent counsel, however, the provision does not mean often inexcusably postponed by unrea- such as the legal clinics for crime vic- that the Government’s attorney has sonable delays in the criminal case. A tims contemplated under this law. This the authority to compromise or co-opt central reason for these rights is to is an important protection for crime a victim’s right. Nor does the provision force a change in a criminal justice victims because it ensures the inde- mean that by not asserting a victim’s culture which has failed to focus on the pendent and individual nature of their right the Government’s attorney has legitimate interests of crime victims, a rights. Second, the notice section im- waived that right. The rights provided new focus on limiting unreasonable mediately following limits the right to in this bill are personal to the indi- delays in the criminal process to ac- notice of release where such notice vidual crime victim and it is that commodate the victim is a positive may endanger the safety of the person crime victim that has the final word start. being released. There are cases, par- regarding which of the specific rights I would like to turn to section 2, ticularly in domestic violence cases, to assert and when. Waiver of any of (a)(8). This provision contains a num- where there is danger posed by an inti- the individual rights provided can only ber of rights. The broad rights articu- mate partner if the intimate partner is happen by the victim’s affirmative lated in this section are meant to be released. Such circumstances are not waiver of that specific right. rights themselves and are not intended the norm, even in domestic violence Does all of this correspond with Sen- to just be aspirational. One of these cases as a category of cases. This ex- ator KYL’s understanding of the bill? rights is the right to be treated with ception should not be relied upon as an Mr. KYL. Absolutely. The enforce- fairness. Of course, fairness includes excuse to avoid notifying most victims. ment provision the Senator addressed the notion of due process. Too often Is that the Senator’s understanding is critical to this bill. Without the abil- victims of crime experience a sec- of this section? ity to enforce the rights in the crimi- ondary victimization at the hands of Mrs. FEINSTEIN. Yes. nal trial and appellate courts of this the criminal justice system. This pro- I would now like to address the en- country any rights afforded are, at vision is intended to direct Govern- forcement provisions of the bill, spe- best, rhetoric. We are far past the point ment agencies and employees, whether cifically section 2, subsection (d)(1). where lip service to victims’ rights is they are in executive or judiciary This provision allows a crime victim to acceptable. The enforcement provisions branches, to treat victims of crime enter the criminal trial court during of this bill ensure that never again are with the respect they deserve. proceedings involving the crime victim’s rights provided in word but Does the Senator agree? against the victim and assert the not in reality. Mrs. FEINSTEIN. Yes. rights provided by this bill. This provi- I want to turn to section 2, sub- It is not the intent of this bill that sion ensures that crime victims have section (d)(2) because it is an unfortu- its significance be whittled down or standing to be heard in trial courts so nate reality that in today’s world there marginalized by the courts or the exec- that they are heard at the very mo- are crimes that result in multiple vic- utive branch. This legislation is meant ment when their rights are at stake tims. The reality of those situations is to correct, not continue, the legacy of and this, in turn, forces the criminal that a court may find that the sheer the poor treatment of crime victims in justice system to be responsive to a number of victims is so large that it is the criminal process. This legislation victim’s rights in a timely way. Impor- impracticable to accord each victim is meant to ensure that cases like the tantly, however, the bill does not allow the rights in this bill. The bill allows McVeigh case, where victims of the the defendant in the case to assert any that when the court makes that find- Oklahoma City bombing were effec- of the victim’s rights to obtain relief. ing on the record the court must then tively denied the right to attend the This prohibition prevents the indi- fashion a procedure that still gives ef- trial and to avoid federal appeals vidual accused of the crime from dis- fect to the bill and yet takes into ac- courts from determining, as the Tenth torting a right intended for the benefit count the impracticability. For in- Circuit Court of Appeals did, that vic- of the individual victim into a weapon stance, in the Oklahoma City bombing tims had no standing to seek review of against justice. case the number of victims was tre- their right to attend the trial under The provision allows the crime vic- mendous and attendance at any one the former victims’ law that this bill tim’s representative and the attorney proceeding by all of them was imprac- replaces. for the Government to go into a crimi- ticable so the court fashioned a proce- I would also like to comment on sec- nal trial court and assert the crime dure that allowed victims to attend the tion 2, (b), which directs courts to en- victim’s rights. The inclusions of rep- proceedings by close circuit television. sure that the rights in this law be af- resentatives and the Government’s at- This is merely one example. Another forded and to record, on the record, any torney in the provision are important may be to allow victims with a right to reason for denying relief of an asser- for a number of reasons. First, allowing speak to be heard in writing or through

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.066 S22PT1 S4270 CONGRESSIONAL RECORD — SENATE April 22, 2004 other methods. Importantly, courts by the wayside during what can often Mr. KYL. Yes. must seek to identify methods that fit be an extended appeal that the victim Let me comment briefly on section 4, the case before that to ensure that de- is not a party to. Reports. Subsection (a) requires the spite numerosity of crime victims, the Is that the Senator’s understanding Administrative Office of the U.S. rights in this bill are given effect. of the bill? Courts to report annually the number Does the Senator agree with this Mrs. FEINSTEIN. Yes. of times a right asserted in a criminal reading of the bill? I would like to turn to the next pro- case is denied the relief requested, and Mrs. FEINSTEIN. Absolutely. It is a vision, section 2, subsection (d)(5). This the reasons therefore, as well as the tragic reality that cases may involve subsection provides that a failure to af- number of times a mandamus action multiple victims and yet that fact is ford a right under the act does not pro- was brought and the result of that not grounds for eviscerating the rights vide grounds for a new trial. This pro- mandamus. in this bill. Rather, that fact is vision demonstrates that victim’s Such reporting is the only way we in grounds for the court to find an alter- rights are not intended to be, nor are the Congress and other interested par- native procedure to give effect to this they, an attack on defendants’ protec- ties can observe whether reforms we bill. tions against double jeopardy. This mandate are being carried out. No one I now want to turn to another crit- provision is not intended to prevent doubts the difficulty of obtaining case- ical aspect of enforcement of victims’ courts from vacating decisions in by-case information of this nature. rights, section 2, subsection (d)(3). This nontrial proceedings in which victims’ Yes, this information is critical to un- subsection provides that a crime vic- rights were not protected and ordering derstanding whether Federal statutes tim who is denied any of his or her those proceedings to be redone. It sim- really can effectively protect victims’ rights as a crime victim has standing ply assures that a trial will not be rights or whether a constitutional to appellate review of that denial. Spe- redone. Thus, defendants’ and victims’ amendment is necessary. We are cer- cifically, the provision allows a crime rights are both protected. tain that affected executive and judi- victim to apply for a writ of mandamus Is that the Senator’s understanding? cial agencies can work together to im- to the appropriate appellate court. The Mr. KYL. Yes, it is. We have, over the plement effective administrative tools provision provides that court shall years, tried to reassure those that op- to record and amass this data. We take the writ and shall order the relief pose victims’ rights that they are not would certainly encourage the Na- necessary to protect the crime victim’s an attempt to undermine defendants’ tional Institute of Justice to support right. This provision is critical for a rights. This provision reiterates that. any needed research to get this system couple of reasons. First, it gives the It is important for victims’ rights to be in place. victim standing to appear before the asserted and protected throughout the Is this Senator FEINSTEIN’s under- appellate courts of this country and criminal justice process, and for courts standing? ask for review of a possible error below. to have the authority to redo pro- Mrs. FEINSTEIN. Yes. Second, while mandamus is generally ceedings other than the trial such as One final point. Throughout this act, discretionary, this provision means release hearings, pleas, and sentencings reference is made to the ‘‘accused.’’ that courts must review these cases. where victims’ rights are abridged, but Would the Senator also agree that it is Appellate review of denials of victims’ to not tread upon defendant’s rights our intention to use this word in the rights is just as important as the ini- against double jeopardy in the process. broadest sense to include both those tial assertion of a victim’s right. This Victims’ rights are about a fair and charged and convicted so that the provision ensures review and encour- balanced criminal justice system—one rights we establish apply throughout ages courts to broadly defend the vic- that considers defendant’s rights as the criminal justice system? Mr. KYL. Yes, that it is my under- tims’ rights. well as victims’ rights. This provision standing. Mr. President, does Senator KYL protects that careful balance. Mr. President, I anticipate Senator agree? I want to turn to the definitions in LEAHY’s arrival. I suggest the absence Mr. KYL. Absolutely. Without the the bill, contained in section 2, sub- of a quorum. right to seek appellate review and a section (e). There are a couple of key The PRESIDING OFFICER. The guarantee that the appellate court will points to be made about the defini- clerk will call the roll. hear the appeal and order relief, a vic- tions. A ‘‘crime victim’’ is defined as a The legislative clerk proceeded to tim is left to the mercy of the very person directly and proximately call the roll. trial court that may have erred. This harmed as a result of any offense, fel- Mr. LEAHY. Mr. President, I ask country’s appellate courts are designed ony or misdemeanor. This is an inten- unanimous consent that the order for to remedy errors of lower courts and tionally broad definition because all the quorum call be rescinded. this provision requires them to do so victims of crime deserve to have their The PRESIDING OFFICER. Without for victim’s rights. For a victim’s right rights protected, whether or not they objection, it is so ordered. to truly be honored, a victim must be are the victim of the count charged. Mr. LEAHY. Madam President, I see able to assert the rights in trial courts, Additionally, crime victims may, for my good friend, the Senator from Ari- to then be able to have denials of those any number of reasons, want to employ zona, in the Chamber. I know the dis- rights reviewed at the appellate level, an attorney to represent them in court. tinguished Senator from California will and to have the appellate court take This definition of crime victim allows be joining us shortly. What is the time the appeal and order relief. By pro- crime victims to do that. It also allocation? I know the distinguished viding for all of this, this bill ensures assures that when, for any reason, Senator from Arizona wants to make that victims’ rights will have meaning. crime victims are unable to assert sure we all have time, but I was just I would like to turn our attention to rights on their own, those rights will curious where we are. section 2, subsection (d)(4) because that still be protected. The PRESIDING OFFICER. The Sen- also provides an enforcement mecha- Is that the Senator’s understanding ator from Vermont and the Senator nism. This section provides that in any of the bill as well? from Utah each have 30 minutes. The appeal, regardless of the party initi- Mrs. FEINSTEIN. It is. Senator from California has 6 minutes ating the appeal, the government can Now I would like to turn to the por- 34 seconds. assert as error the district court’s de- tion of the bill concerning administra- Mr. LEAHY. I do not anticipate using nial of a crime victim’s right. This sub- tive compliance with victims’ rights, all my time by any means. I appreciate section is important for a couple of section 2, subsection (f). The provisions the courtesy of the Senator from Ari- reasons. First, it allows the Govern- of this subsection are relatively self- zona who had indicated earlier that he ment to assert a victim’s right on ap- explanatory, but it important to point fit us in because of conflicting sched- peal even when it is the defendant who out that these procedures are com- ules that the Senator from California seeks appeal of his or her conviction. pletely separate from and in no way and I have. Before I even begin, I want This ensures that victims’ rights are limit the victim’s rights in the pre- to again thank the distinguished Sen- protected throughout the criminal jus- vious section. ators from Arizona and California for tice process and that they do not fall Is that Senator KYL’s understanding? all they have done on this issue.

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.067 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4271 This past Sunday, as we all know, In recent years, the debate has never how the rights and procedures estab- marked the start of National Crime been about whether victims should be lished by the statute are working in Victims’ Rights Week. We set this protected. Of course they should. Rath- practice. Over time, we will be able to week aside each year to refocus atten- er, the debate has been about how vic- modify and fine-tune the statute so tion on the needs and rights of crime tims should be protected. that it provides an appropriate degree victims. One would almost think we I did not think the proposed constitu- of protection for the rights of crime would not have to do that, but as a tional amendment was the best way victims. matter of fact, too often, the needs of forward. I still believe that. We all I have no doubt we are going to pass victims are not met, and their rights agree, and every witness who testified this law today. I believe the other body are not fully honored. I learned this before the Judiciary Committee on this will pass the law, and the President during my time as a prosecutor. I issue agreed, that every right provided will sign it. Then part of our duty is think all of us have learned this, from by the victims’ rights amendment can going to have to be to follow up to see the experiences and some terribly grip- be, or already is, protected by State or how it works. ping stories that we have heard from Federal statutory law. I said to some of the representatives our constituents. So we have long had the power to en- of victims’ groups this morning, keep This year, the Senate had been sched- hance victims’ rights through regular our feet to the fire. Make sure we fol- uled to mark the occasion of National legislation, passed with a simple ma- low up. Passage of this bill will neces- Crime Victims’ Rights Week by taking jority vote, and make an immediate sitate careful oversight of its imple- up S.J. Res. 1, a proposed constitu- difference in the lives of crime victims. mentation by Congress. If, as I hope, tional amendment. It was going to end Legislative enhancements are more federal judges and prosecutors take up being days, maybe weeks, of debate easily enacted, more directly applied victims’ rights seriously, there should even though everyone knew that the and implemented, and more able to be little need for victims to bring man- constitutional amendment was not provide specific, effective remedies. In damus actions to enforce their rights. going to pass. We went through this addition, as Chief Justice Rehnquist But if, for whatever reason, victims process back in April of the year 2000, and others have pointed out, statutes feel that they are not being treated during the last Presidential election are more easily corrected if we find, in fairly, we may see a wave of new litiga- year. hindsight, that they need correction, tion in the federal courts, with victims I said then, during that earlier de- clarification, or improvement. and their lawyers having to insert bate on the constitutional amendment, When we pass the Kyl-Feinstein- themselves into criminal cases. We will that I have worked long and hard to Hatch-Leahy Victims’ Rights Act, we need to monitor the situation closely. protect and advance crime victims’ will take a step that I have long advo- I am committed to giving victims rights, as have many on both sides of cated. So I thank and commend the real and enforceable rights. But I am the aisle in this body. As a prosecutor principal sponsors of S.J. Res. 1, the convinced that prosecutors should be for 81⁄2 years, I worked day to day, year distinguished Senators from California capable of protecting those rights, once to year alongside victims, seeking jus- and Arizona. We came from both sides we make them clear. In my experience, tice on their behalf. This was back at a on the constitutional debate, but all of prosecutors have victims’ interests at time before people spoke much about us are deeply committed to the cause heart. victims having rights. I like to think of victims’ rights, and that is why we Senator KENNEDY and I proposed in that my office was a model in this re- came together on this legislation. the Crime Victims Assistance Act a gard, for making sure that victims This legislation will provide crime limited-standing provision, which ap- were heard. victims in the Federal system with all plied with respect to the victim’s right I have worked on and have led many the rights and protections that the pro- to attend and observe the trial, and legislative efforts on behalf of victims posed constitutional amendment would under which a victim could assert her throughout my service in the Senate. have provided. In fact, our statute goes right if the prosecutor refused to do so. One of the most recent of those efforts further than the constitutional amend- Passing such a provision would have al- was the creation of the September 11 ment because it gives the same rights lowed us to observe over a period of Victim Compensation Fund. I am and protections to all crime victims, time whether direct participation of grateful to have been able to take part not just to the victims of violent victims in criminal proceedings has in something that has brought some re- crimes. The elderly woman who is de- any unanticipated consequences for the lief to so many victims. frauded out of her life savings will get administration of justice. But I will never forget the victims I the same protection from this statute This Victims’ Rights Act proposes a worked with as a prosecutor or the as other crime victims. bolder experiment, entitling victims to needs of the new victims minted each This statute, S. 2329, also spells out assert a panoply of rights, regardless of day through the crimes committed how victims’ rights are to be enforced, whether the prosecution is already as- against them. using language that Senator KENNEDY serting the same rights on their behalf. For years, at Christmas time, I re- and I developed in S. 805, the Crime For example, at the insistence of other ceived a very poignant letter from a Victims Assistance Act. In addition to sponsors, this bill will enable victims woman who was the victim of a very providing victims with standing to as- to bring mandamus actions alleging serious crime. She told me how she was sert their rights in mandamus actions, the denial of their statutory right ‘‘to doing, how her children were doing. S. 2329 will establish an administrative be treated with fairness and with re- When I go to the grocery store in authority in the Department of Justice spect for the victim’s dignity and pri- Vermont, or I’m walking down the to receive and investigate victims’ vacy,’’ which may be difficult claims to street, I run into people who were claims of unlawful or inappropriate ac- adjudicate. helped during those years and who had tion on the part of criminal justice and I note with some regret that S. 2329 a voice during those years. It is grati- victims’ service providers. Department picks up language from S.J. Res. 1 de- fying, but I have to think about the of Justice employees who fail to com- nying victims any cause of action for fact that every single day, there are a ply with the law pertaining to the damages in the event that their rights whole lot more crimes, and a whole lot treatment of crime victims could face are violated. Allowing victims to vindi- more victims. disciplinary sanctions, including sus- cate their rights through separate pro- I have always believed that victims pension or termination of employment. ceedings for damages instead of should be afforded certain basic protec- We have incorporated other proposals through mandamus actions in the tions. I believe victims should be noti- from S. 805 as well, to help States im- criminal case could well be a more effi- fied when the defendant is in court or plement and enforce their own victims’ cient as well as a more effective way of when he is about to be released. I be- rights laws. And we have called for two ensuring that victims’ rights are hon- lieve victims should be heard at crit- annual reports, one by the Administra- ored. Certainly the prospect of being ical stages of the prosecution. I believe tive Office of the Courts, and the other held to account in such proceedings victims are entitled to restitution from by the General Accounting Office, to would provide a powerful incentive to offenders. make sure we get some feedback on take victims’ rights seriously. But the

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.069 S22PT1 S4272 CONGRESSIONAL RECORD — SENATE April 22, 2004 Republican sponsors of the bill did not As I mentioned earlier, the Senate was Senator KENNEDY’s staff; Bob Schiff want to provide for damages. scheduled to begin work this week on and Alex Busansky of Senator FEIN- Similarly, some Republican Senators the proposed constitutional amend- GOLD’s staff; Neil MacBride and Louisa did not want to allow courts to appoint ment, S.J. Res. 1. On Wednesday, the Terrell of Senator BIDEN’s staff; Chris attorneys to help crime victims. It is Republican leadership moved to invoke Kang of Senator DURBIN’s staff; Mark my hope and belief that victims will cloture on the motion to proceed. I Childress and Jennifer Duck of Senator seldom need representation, since they would not have opposed this motion. I DASCHLE’s staff; and, most especially already have powerful advocates in our voted to proceed to an earlier iteration the members of my own staff for their public prosecutors. Still, it is possible of this constitutional amendment four hard work on this bill over the last sev- that a judge would want to appoint an years ago, and I would have been pre- eral days under extraordinary cir- attorney for a victim in an extraor- pared to proceed to it again this week. cumstances and pressures. dinary case, as for example if there is a Even given the time this would have I also want to commend and thank material conflict between the victim’s taken and the expected outcome, I the many victims’ advocates and serv- interests and the interests of the pros- would not have opposed a debate on the ice providers in Vermont and across ecution. By failing to provide for this constitutional amendment. the country who show their dedication possibility, S. 2329 may perpetuate a It was under these circumstances every day of the year to crime victims. system of unequal justice for victims, that we had so little opportunity to I want to thank those who work in the where the wealthy have the benefit of work on crafting the crime victims’ area of domestic violence and abuse in counsel, and the poor do not. statute. I would have liked to have got- particular. I am thankful for their There are other provisions that were ten the views of the Office for Victims dedication and grateful for their advice also, regrettably, left on the cutting- of Crime and other components of the and insights over the years. room floor during negotiations on this Department of Justice, for example. For more than 20 years I have spon- bill. First, we dropped a provision that Many victims’ groups and domestic vi- sored and championed legislation to was in the proposed constitutional olence organizations opposed the con- help victims. I have mentioned the re- amendment, which would have given stitutional amendment, as did many cent September 11 Victim Compensa- victims certain rights in the context of law professors, judges, and prosecutors. tion Fund, and I am also proud of such clemency proceedings. I know Attorney I would have liked to hear their views other advancements on behalf of vic- General Ashcroft, when he was a Mem- on this statute. I am personally con- tims as a law to provide assistance to ber of the Senate, felt strongly that cerned that the statute may not ade- victims of international terrorism, and victims should have a voice in these quately address the special problems bills to raise the cap on victims’ assist- proceedings. I would welcome the raised in domestic violence and abuse ance and compensation programs and chance to work with him, to have him situations. If it does not, then we may to protect the rights of the victims of provide for that within the Federal sys- need to amend it again. the Oklahoma City bombing. Today’s tem, to do in the Federal system what Given the Republican leadership’s in- vote provides us the opportunity to he wanted to do while a member of this sistence on proceeding to the constitu- make progress on yet another impor- body. tional amendment today, there was not tant measure to address the needs of A second provision that I would have as much time as I would have liked to victims. liked to include in the bill would have develop the statutory alternative that I ask unanimous consent that a let- authorized funding for a broad range of we vote on today, and no time to hold ter from the National Center for Vic- compliance authorities to help enforce hearings on it or improve the bill in tims of Crime stating strong support the rights of crime victims in the state Committee. Fortunately, however, this for S. 2329 be printed in the RECORD as systems. Senator KENNEDY and I pro- is to be a statute, not a constitutional well as, for the sake of completeness, a posed such a program in the Crime Vic- amendment, and it can be modified and number of editorials that appeared on tims Assistance Act, but I was unable improved. We will be able to make it this subject recently. to persuade my colleagues to include it better as we go along. There being no objection, the mate- in this bill. I commend my good friend, Senator rial was ordered to be printed in the There are a variety of remedies for FEINSTEIN, for mediating this con- RECORD, as follows: violations of rights that are operating sensus legislation. I know that she THE NATIONAL CENTER FOR at the State level, all of which have would have preferred to pass a con- VICTIMS OF CRIME, strengths and weaknesses. Some States stitutional amendment. She has made April 21, 2004. use more than one approach. Arizona that clear. Nevertheless, she worked Hon. PATRICK J. LEAHY, U.S. Senate, has a non-statutory ombudsman staff hard to produce a bill that we all can Washington, DC. position in the Attorney General’s of- support, showing once again that she is DEAR SENATOR LEAHY: The National Center fice, to receive and investigate victim first and foremost a legislator who for Victims of Crime strongly supports the complaints; a victims’ legal assistance wants to get things done. Due in large Scott Campbell, Stephanie Roper, Wendy project run by a non-profit and the Ari- part to Senator FEINSTEIN’s efforts, we Preston, Louarna Gillis, and Nila Lynn zona State University College of Law, now have an opportunity to advance Crime Victims’ Rights Act. This landmark and a system of auditing those who re- the cause of victims’ rights with piece of legislation would provide clear and ceive grants to implement victims’ enforceable legal rights to all direct victims strong, practical, bipartisan legisla- of crime at the federal level. We are pleased rights. Wisconsin uses a State em- tion. I have never doubted Senator to see a long overdue recognition that vic- ployee to receive and attempt to re- FEINSTEIN or Senator KYL’s commit- tims of all crime, violent and nonviolent solve victim complaints, as well as a ment to victims’ rights. I am delighted crime alike, deserve these important rights. victims’ rights board that can formally that we have come together to advance This bill also sets a new standard for fed- receive complaints and seek sanctions that common cause. eral victims’ rights compliance, giving vic- for violations. Alaska has a State Of- My friend and the chairman of the tims and prosecutors the legal standing to fice of Victims’ Rights. South Carolina Senate Judiciary Committee, Senator assert victims’ rights; clearly authorizing victims and the government to seek writs of has an independent victim ombudsman. HATCH, is another lead sponsor of this mandamus to enforce victims’ rights; and Connecticut has a State Victim Advo- legislation. He and I have worked to- calling on the Attorney General to develop cate. Vermont is exploring various op- gether on the Judiciary Committee in regulations to promote victims’ rights tions. We do have a Center for Crime this area. He has been a tireless advo- through training, disciplinary sanctions for Victims Services, which advocates in- cate for the rights of crime victims, violations of rights, and the creation of an formally for victims and is one of the and more generally for fairness in the office to receive and investigate complaints. premier victims’ services sites in the administration of justice. By making new funding available to juris- I want to thank David Hantman and dictions with laws substantially equivalent country. to those established in this bill, this bill leg- Finally, I want to comment on the Steve Cash of Senator FEINSTEIN’s islation will promote a strengthening of vic- unusual genesis of this bill, and the ex- staff; Bruce Artim and Grace Becker of tims’ rights across the country. By providing traordinary procedure that has brought Senator HATCH’s staff; Steven Higgins funding to promote victim notification and us so swiftly to a vote in the Senate. of Senator KYL’s staff; Robin Toone of compliance with victims’ rights at the state

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.071 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4273 level, this bill will improve the implementa- feeling the need to burnish their tough-on- [From the Chicago Tribune Online Edition, tion of victims’ rights nationwide. We urge crime badges, the VRA would be a disaster Apr. 18, 2004] Congress to go further—to broaden this fund- for basic principles of fairness and dispassion A PHONY PROPOSAL FOR VICTIMS’ RIGHTS ing to support other mechanisms to promote in our criminal justice system. THERE IS NO NEED TO TINKER WITH THE CON- compliance, such as state-level victim advo- STITUTION TO GUARANTEE THE RIGHTS OF VIC- cates and other authorities to receive and in- It would guarantee victims of crime—a TIMS—OUR ENTIRE JUDICIAL SYSTEM IS AL- vestigate the complaints of victims, and not loosely defined term in the legislation—the READY SET UP TO DO JUST THAT limit funding for enforcement to one meth- ‘‘right’’ to notice, to be present and to speak od. at an array of judicial proceedings, including (By Steve Chapman) This legislation represents a real Congres- those dealing with bail, trial, sentencing and Americans cherish and revere the Con- sional commitment to improve our nation’s parole. It also requires the court to take vic- stitution. But often their attitude brings to response to victims of crime. The National tims into account in deciding whether to re- mind the Broadway show: ‘‘I Love You, You’re Perfect, Now Change.’’ It seems that Center for Victims of Crime commends you lease prisoners or when to schedule a trial. for your hard work and dedication to this the only thing many of them like more than issue, and we urge your colleagues to join As with many of these amendments, on its the Constitution is the opportunity to fix its you in this effort. face the measure hits all the right notes. It grievous flaws. The latest suggestion for im- Sincerely, is tough on crime and soft on victims. It is provement stems from a belief that it short- SUSAN HERMAN. bipartisan—as a lawmaker, if you oppose it, changes the needs of crime victims. the other side will accuse you of being ‘‘anti- The entire criminal justice system, of [From the Washington Times, Apr. 19, 2004] victim,’’ whatever that means. It cost no fed- course, could be seen as a giant apparatus set up to vindicate the interests of crime vic- AMENDMENTITIS eral tax dollars (at least, not directly); states have to foot the bill. Finally, it makes tims. Every year in the United States, we ar- (By Bob Barr) for a feel-good, ‘‘I supported such and such’’ rest more than 13 million suspects and keep The circus is back in town. Every 2 years, speech on the campaign trail. more than 1.4 million offenders in prison. All as we roll around to another grand Olympics those police, prosecutors, judges, parole offi- But, as with many of these other amend- of federal, state and local elections, the hop- cers and prison guards are there mainly to per in Congress begins to fill up with dan- ments, it is seriously flawed. Foremost detect, investigate, prosecute and punish gerous and unnecessary amendments to our among its problems is that it will, ironically, criminals for what they do to their victims. U.S. Constitution. obstruct justice. In 2000, Beth Wilkinson, the But critics say the system often abuses the Few, if any, are for ‘‘great or extraor- lead federal prosecutor in the Oklahoma City people it’s supposed to protect. And they in- dinary occasions,’’ the bar James Madison bombing case, explained in testimony sist that the only way to assure fairness to set for changing our Founding document. In against the amendment that, had it been in victims is to enshrine their rights in the fact, most are either one or two things: a force, she might not have successfully sent Constitution. President Bush has endorsed cheap ploy to get votes or an attempt to Timothy McVeigh to death row and Terry the amendment. Sen. John Kerry has not. streamroll through right- or left-wings social Nichols to jail for life. Americans often have a tendency to see a policies—think gun control or marriage— problem and conclude, ‘‘There oughta be a that have been unable to get any traction Their convictions hinged on the testimony law.’’ In this instance, though, there is al- through normal channels of government. of one Michael Fortier, who plea bargained ready a multitude of laws. Every state has Just this session alone, Congress has seen to 12 years in federal prison, for knowing passed legislation to protect victims’ rights, or will see votes on the Flag Desecration about the impending bombing but not in- and at least 33 have such provisions in their Amendment, the Victims Rights Amend- forming authorities, in exchange for taking state constitutions. ment, the Federal Marriage Amendment, the witness stand. Had the relatives of the But Sen. Jon Kyl (R–Ariz.), co-sponsor of even the Continuity in Government Amend- 168 people killed in that horrible tragedy the amendment, says these efforts have been ment. Frankly, I would like to see one last been able to address the courtroom in oppo- a bust. He says one study found that even in constitutional amendment—the No More states with strong measures in place, 44 per- sition to Fortier’s plea, it could have sunk Amendments Amendment. cent of victims weren’t alerted to the sen- In the American political system, the Con- the whole case. tencing hearing, and nearly half weren’t no- stitution was meant to operate like people In addition to these practical concerns, the tified of plea negotiations. who freeze their credit cards in a block of VRA also threatens basic due process protec- Why don’t existing laws do the job? Be- ice. That is, when faced with supremely im- tions and objectivity in the criminal justice cause, according to Kyl, ‘‘criminal defend- portant and emotional decisions involving system by making it more about vengeance ants have a plethora of rights that are pro- things like the censorship of unpopular ideas than justice. We trust our adversarial proc- tected by the Constitution that are applied or the seizure of firearms, the Constitution ess—which pits zealous advocates against to exclude victims rights.’’ makes us walk to the corner and take a time The only way to correct the imbalance is one another in front of a judge and jury—to out. to give victims’ rights equal status. Specifically, we have to get a two-thirds arrive at the best approximation of the truth But where are the constitutional provi- supermajority in both chambers of Congress in criminal prosecution, which helps ensure sions that work against victims? and then tree-quarters of the States to the guilty are punished and the innocent go Defendants do have a right to a speedy agree. It is an amazingly onerous process. free. public trial by jury, to be represented by a The last amendment to the Constitution— However, when one injects the emotion of lawyer, to avoid self-incrimination and so the 27th—which set limits on congressional a murder victim’s family into a bail or a pa- on. But nothing in the Constitution prevents pay, was initially proposed in the States’ pe- authorities from informing victims of pro- role hearing, that adversarial system is titions to the first Constitutional Congress ceedings, from letting them speak during thrown directly out of whack. The defense in the 1780s but only started to move in the trials, sentencing and parole hearings, from 1990s. It took more than two centuries to fi- counsel then faces an onslaught of vindic- altering them when an assailant is about to nally earn a spot alongisde free speech and tiveness that cannot be countered by facts or be released, or from requiring criminals to the right not to self-incriminate. logic. Justice must remain blindfold to be ef- pay restitution. Those are the victims’ During the Cold War, Americans of con- fective. Otherwise, we will have vigilante rights specified in the constitutional amend- science like to brag we were a Nation of posses waiting outside with lit torches and ment, all of which can be (and often are) laws, not men. That is, the main difference nooses tied every time something really safeguarded without the drastic step of alter- between American representative democracy senational goes to trail. ing the nation’s charter. and Soviet tyranny was that the latter’s gov- Supporters complain that some courts Finally, in an ironic twist that really ham- ernment did not have to abide by a piece of have been so eager to assure the defendant a yellowing parchment with some petty clear mers home the folly of such constitutional fair trial that they bar victims from the instructions on what it could or could not do amendments, the vast majority of states— courtroom. But that happens only before a to its citizens. and the federal government—already have victim is scheduled to testify, and it’s simply And, while we have failed to meet those laws on the books protecting victims and en- meant to prevent victims from tailoring lofty goals on a number of important occa- suring their interests are not forgotten as their testimony (intentionally or not) to sions, for the post part, we have managed to their cases progress through the system. match what other witnesses say. pedal through without too many monu- The bottom line with the Victims Rights By protecting the truth-seeking function mental abridgements of personal liberty. of a trial, the practice works to the benefit Amendment and its ilk is that the Constitu- That is why we are still here and they went of victims—who, after all, gain absolutely long ago to a nursing home for evil ideas. tion should not be co-opted as the tag line nothing from sending the wrong person to However, we risk betraying that proud his- for a political attack ad. It is arguable the jail. tory in the political imperative to fiddle most sacred secular document in the history If we want to abolish this custom, despite with the Constitution. Take, for instance, of the world, as it has kept humanity’s its virtues, we don’t need an amendment. the Victims Rights Amendment. Pushed by a strongest democracy healthy long enough to Duke University law professor Robert a mixture of Democrats and Republicans also make it humanity’s oldest democracy. Mosteller says many states allow victims to

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.024 S22PT1 S4274 CONGRESSIONAL RECORD — SENATE April 22, 2004 be present throughout a trial even if they Lake County, Mich., corroborates the polit- Much additional mischief besets the VRA, are going to testify. The practice of exclud- ical hazards of slighting crime victims. In but their telling must be forgone as a conces- ing victims until they testify, Mosteller September 2003, a county prosecutor was re- sion to the shortness of life. The proposed notes, ‘‘is generally a matter of statutory or called by voters angry over a lenient plea amendment should be smartly defeated. common law’’ and ‘‘rarely even approaches bargain that had outraged the family of a constitutional significance.’’ It was an issue murder victim: a 23- to 50-year sentence for [From the Washington Post, Apr. 21, 2004] in Timothy McVeigh’s Oklahoma City bomb- the killer. The prosecutor’s explanation he WRONG ON RIGHTS ing trial—but in the end, all victims were al- was seeking to avoid costly trials on a penu- The Senate is due to take up a constitu- lowed to attend even if they were expected to rious $200,000 annual budget proved tional amendment designed to grant rights appear as witnesses. unavailing. in criminal court proceedings to victims of Victims’ rights, it’s true, have not always VRA proponents insist statutory rights are violent crimes. The last time the proposal been enforced. But that’s partly because second-class rights compared with constitu- arose, its sponsors, Sens. Jon Kyl (R–Ariz.) they’re a new concept and take time to be tional rights enjoyed by the accused. Stat- and Dianne Feinstein (D–Calif.), had to yank fully implemented. And it’s partly because utes fortified by strong pubic sentiments, it back to avoid defeat. But support for the however, command virtual constitutional they are administered by large, fallible gov- idea has grown. Nobody likes to oppose sanctity. The 1964 Civil Rights Act, the 1965 ernment bureaucracies trying to keep track crime victims, and on its face the amend- Voting Rights Act, the National Labor Rela- of a lot of people and information, some- ment’s promises seem unobjectionable: ‘‘rea- tions Act, and the Sherman Antitrust Act times without adequate funds. sonable and timely notice’’ of proceedings; are illustrative. As to the latter, the Su- Amending the Constitution won’t make the right of victims to attend those pro- preme Court in United States vs. Topco As- the bureaucracies less fallible. The obvious ceedings and to speak at sentencing, clem- sociates [1972] amplified: ‘‘Antitrust laws in way to do that is to make them pay for their ency and parole hearings; and the right to general, and the Sherman Act in particular, mistakes by letting victims collect damages seek restitution from perpetrators. What are the Magna Carta of free enterprise.’’ when their rights are ignored. But this pro- harm can there be in placing victims’ rights posal explicitly forbids that remedy. It’s all Moreover, the elevation of victims’ rights from a statutory to a constitutional plateau even with the rights of the accused? bark and no bite. Quite a lot, actually. For starters, none of Unless, of course, the opponents hope to does not guarantee greater effectiveness. The 14th and 15th Amendment rights of blacks, the amendments’ terms are defined—includ- curtail the protections we grant to those ac- ing, critically, who counts as a ‘‘victim.’’ Is cused of crimes. The supporters deny that, for instance, slept for 80 years in the cham- bers of prosecutors and judges because of it limited to immediate relatives or can ex- but they also decline to include a section tended family members qualify? Nor does the stating that the amendment wouldn’t dimin- public indifference. In any event, govern- ment officers are every bit as bound by oath amendment specify a remedy for violations ish any existing guarantees. to obey statutes as to comply with the Con- of victims’ rights. In fact, it specifically says So maybe the amendment would be an at- that it does not ‘‘authorize any claim for tack on longstanding constitutional rights, stitution. VRA crusaders speciously argue victims’ damages.’’ So it is unclear how exactly a vic- or maybe it would be an ineffectual piece of constitutional rights in criminal prosecu- tim is supposed to take advantage of his symbolism. Either way, we’re better off tions should reasonably mirror those of the rights. The result will be litigation—a lot of without it. accused. Unlike a putative victim, a crimi- it—as victims seek to exercise their new con- nal suspect confronts the loss of life, liberty, stitutional rights and defendants seek to en- [From the Washington Times, April 20, 2004] or property and a formidable arsenal of gov- sure that victims’ rights don’t come at the WE, THE CLUTTERERS . . . ernment investigatory and prosecutorial expense of their own. (By Bruce Fein, special to the Washington weapons. The victim, moreover, may seek The fundamental trouble is that victims’ Times) damages from the defendant, including res- rights, if taken seriously, will come at the expense of the rights of the accused. Some- The Senate should balk at cluttering the titution, in parallel civil proceedings a la the times a defendant’s right to a fair trial can- Constitution when it votes next Friday on a O.J. Simpson wrongful death judgments. not be reconciled with a victim’s right to crime victims’ rights amendment [VRA]. History has also demonstrated a govern- To forgo the VRA is not to cherish victims’ ment propensity to persecute by overzealous speak to the jury. Right now, the victims’ rights less, but to venerate the brevity and prosecutions. The Declaration of Independ- rights yield in such cases, as they should. accessibility of the Constitution more. ence denounced King George III, ‘‘For trans- The state, after all, is not seeking to deprive Amendments are appropriate only when porting us beyond the seas to be tried for the victim of liberty or, in the extreme case, flexible and adaptable statutes would be in- pretended offenses.’’ life. The rights of the accused flow out of the Former Attorney General and Associate sufficient to achieve a compelling objective; jeopardy in which the state puts them. Justice of the Supreme Court, Robert Jack- Though the criminal justice system’s or, to protect discrete and insular minorities son, worried that prosecutors are routinely treatment of victims has improved, it could from political oppression. Neither reason ob- tempted to pick a man to indict for personal and should be better. But it would be a pro- tains for the VRA. or ideological reasons, and then to scour the found error to place such obligations on the Crime victims deserve and evoke legal books to pin an offense on him, in lieu of dis- same plane as the Constitution’s essential sympathy. Every state and the District of covering a crime and then searching for the protections against unchecked government Columbia feature statutes that endow vic- culprit. To blunt the potential for vindictive power. tims with participatory rights in the crimi- or wrongful convictions, the Constitution en- nal justice system. Further, 33 states have Mr. DEWINE. Mr. President, I rise dows defendants with a modest array of today in support of the Crime Victims’ amended their state constitutions by over- rights, for example, proof beyond a reason- whelming to protect crime vic- able doubt, jury unanimity, and the right to Rights Act. As a former county pros- tims. counsel. Crime victims, however, can point ecuting attorney, this is an issue about Congress has enacted a cornucopia of vic- to no corresponding history of government which I feel very strongly. All too tim-friendly statutes since 1982, including a oppression. Indeed, they are the contem- often, our criminal justice system right to restitution, victim impact state- porary darlings of state legislatures and Con- ments, and a victims’ Bill of Rights. Accord- overlooks the victims of crime in ef- gress. forts to ensure the legitimate rights of ing to the latter, federal law enforcement The VRA would also vitiate the truth-find- agencies must treat putative victims with ing objective of trials by injecting victim accused defendants. fairness and respect; protect them from ac- concerns that could undermine the impar- Crime victims simply have not been cused offenders; provide them notice of court tiality and reliability of verdicts. The given the that they de- proceedings; offer opportunities to attend amendment would require judges in jury se- serve. From start to finish, the legal public sessions under certain conditions and lection, evidentiary rulings, or jury instruc- system sometimes can be a terrible or- to confer with government prosecutors; and tions to ‘‘consider the victim’s safety, inter- deal for victims—a bureaucratic night- transmit information about the conviction, est in avoiding unreasonable delay, and just mare that seems to and in fact many sentencing, imprisonment, and release of the and timely restitution from the offender.’’ It offender. times does go on and on and on. would permit victims who intend to testify We substantially protect the rights A crime victim’s authenticity remains in to avoid sequestration, a customary require- doubt, it should be remembered, unless and ment to foil the tailoring of witness stories. of defendants, as well we should. We until the accused is convicted. Sequestration has been celebrated by an icon ensure that they have every reasonable As I previously testified before the Senate in the law of evidence, however, as ‘‘one of benefit—and that is good—so as to en- Judiciary Committee: ‘‘Crime victims have the greatest engines that the skill of man sure the acquittal of the innocent. But, no difficulty in making their voices heard in has ever invented for the detection of liars in in the process, I believe that many the corridors of power; they do not need pro- a court of justice.’’ times, we don’t give the victims of tection from the majoritarian political proc- Thus, the biblical Apocrypha relates how ess, in contrast with criminal defendants Daniel exonerated Susanna of adultery by se- crime the rights that they, too, de- whose popularity characteristically ranks questering two accusing elders and eliciting serve. When I was a county prosecutor with that of Gen. William Tecumseh Sher- conflicting answers as to where the alleged in Greene County, OH in the 1970s I saw man in Atlanta, Ga.’’ A recent vignette from crime occurred. too many crime victims—people who

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.028 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4275 had already been hurt—hurt a second made to ensure that crime victims are provide rights to crime victims and for time by a callous legal system. That is not victimized a second time by the introducing this statutory alternative. why I did everything that I could to criminal justice system. At the same I am pleased to join them in this effort. protect the rights of those victims. Our time, I agree with James Madison, who Mr. KENNEDY. Mr. President, I bottom line has to be this: To be vic- wrote that the United States Constitu- strongly support this bill to provide en- timized once by crime is already once tion should be amended only on ‘‘great forceable rights to victims of crime, too often. To be victimized yet again and extraordinary occasions,’’ and I am and I urge the Senate to approve it. by an uncaring judicial system is to- reluctant to amend our Constitution For too long, our criminal justice tally unacceptable. for only the 18th time since the adop- system has neglected the hundreds of Accordingly, I am pleased to cospon- tion of the Bills of Rights. thousands of victims of crime whose sor this bipartisan legislation that will This is why I am proud to be an origi- lives are shattered by violence or other afford these victims, the fundamental nal cosponsor of the Crime Victims’ crime each year. Victims deserve bet- right to participate in the criminal jus- Rights Act, which reaches all of the ter from our criminal justice system. tice system. It just makes good sense goals that the proposed constitutional Too often, the current system does for the innocent victim of a crime to be amendment sought to achieve, by pro- not provide adequate relief for victims given the right to know if his or her as- viding crime victims with the same of crime. They are not given basic in- sailant is released or escapes from pris- rights, including the following: No. 1, formation about their case—such as on. It is simply fairness to recognize a the right to notice of any public pro- notice of a defendant’s arrest and bail crime victim’s right to reasonable no- ceeding involving the crime or of any status, the schedule of various court tice of public proceedings involving the release or escape of the accused; No. 2 proceedings, and the terms of imprison- crime; the right to not be excluded the right not to be excluded from any ment. Victims deserve to know about from such public proceedings; and the such public proceeding; No. 3, the right their case. They deserve to know when right to be heard at the public release, to be reasonably heard at any public their assailants are being considered plea, sentencing, reprieve, and pardon proceeding involving release, plea, or for bail or parole or adjustments of proceedings involving that victim’s as- sentencing; No. 4, the right to full and their sentences. They certainly deserve sailant. It’s about time that we guar- timely restitution; and No. 5, the right to know when offenders are released antee crime victims their rights to to proceedings free from unreasonably from prison. court decisions that duly consider their delay. Since 1997, Senator LEAHY and I have safety, their rights to have the courts By enacting legislation rather than sponsored legislation to provide en- avoid unreasonable delay in adjudi- amending the Constitution, our ap- hanced protections for victims of vio- cating those charged with harming proach today also addresses my con- lent or non-violent crimes and estab- them, and their rights to just and cerns regarding the rights of the ac- lish an effective way to implement and timely restitution from their offenders. cused. The premise of criminal justice enforce these protections. Our legisla- This legislation is about victims. This in America is innocence until proven tion is designed to give victims a great- legislation is about working to keep guilty, and our Constitution therefore er voice in the prosecution of the victims safe from further harm. This guarantees certain protections to the criminals who injured them and their legislation is about keeping their con- accused. These include the Fifth families, fill existing gaps in Federal cerns at the forefront. Amendment protection against double criminal law, guarantee that victims of When I was Green County pros- jeopardy, as well as the Sixth Amend- crime receive fair treatment and the ecuting attorney, I had seen the vic- ment rights to a speedy trial, the as- respect they deserve, and achieve these tims of murder and other terrible sistance of counsel, and an impartial goals in a way that respects the efforts crimes. I interviewed people who had jury. of the States to protect victims in been abused, assaulted, and raped. I Although these protections for the ways appropriate to each State’s learned a lot from talking to these in- accused sometimes are painful for us to unique needs. nocent people. I learned that we have give, they are absolutely critical to our I am pleased to join Senator KYLE to make the crime victim a full partic- criminal justice system. When the vic- and Senator FEINSTEIN, who are the ipant—not a forgotten person, not a ne- tim and the accused walk into the lead sponsors of the proposed Victims’ glected person—in the criminal justice courtroom, both are innocent in the Rights Constitutional Amendment, in system. eyes of the law, but when the trial be- moving forward on victims’ rights leg- That is why I cosponsored this bipar- gins, it is the defendant’s life and lib- islation now. Our bill is called the tisan legislation. It is designed to help erty that are at stake. ‘‘Scott Campbell, Stephanie Roper, guarantee that the victims of crime During the Judiciary Committee de- Wendy Preston, Lourana Gillis and have access to our criminal justice sys- bate on the proposed constitutional Nila Lynn Crime Victims’ Rights Act,’’ tem. It is time to stop treating the vic- amendment regarding victims’ rights, I and is named in honor of five persons tims like they are the criminals. Let’s offered an amendment that would have who were victims of crime. Our bill move the legitimate concerns of vic- ensured that the rights of the accused provides victims with a number of im- tims toward center stage in our crimi- as guaranteed under the Constitution portant rights, including the right to nal justice system and finally provide would not be diminished or denied. receive notice of public proceedings; to these innocent victims with the rights However, this language is unnecessary receive notice of the release or escape they deserve. in the bill we are debating today, be- of the accused; to attend and be heard Mr. DURBIN. Mr. President, I rise cause rights provided in a statute can at proceedings involving release, plea, today in support of the Scott Campbell, not supercede those guaranteed by the or sentencing; to confer with the gov- Stephanie Roper, Wendy Preston, Constitution. ernment’s attorney; and to receive full Louarna Gillis, and Nila Lynn Crime For example, I believe this statute and timely restitution as provided by Victims’ Rights Act. would allow courts to protect defend- law. The bill also provides for the en- This week is National Crime Victims’ ants from possible violations of due forcement of these rights, by directing Rights Week—a time to recognize the process and to preserve the accused’s government officials to notify victims impact of crime and the rights and right to an impartial jury, by exclud- of their rights, requiring courts to needs of victims. In 2002, there were 23 ing victims from a public proceeding if grant these rights to victims, and giv- million criminal victimizations in the the victim is to testify and the court ing standing to both prosecutors and United States, and many of these crime determines that the victim’s testimony victims or their legal representatives victims feels as if the criminal justice would be materially affected if the vic- to assert the rights at trial and on ap- system has wronged them. These peo- tim hears other testimony at trial. peal. ple were innocent victims, but they This statutory approach also pro- The legislation will protect all vic- feel deprived of the fundamental need vides Congress with the flexibility to tims of crime, including victims of to participate in the process of bring- modify this legislation if we find it is identity theft, personal property theft, ing the accused to justice. not perfect. fraud, embezzlement, vandalism, and I support crime victims’ rights, and I I would like to commend Senators other non-violent offenses. The Na- believed that every effort should be FEINSTEIN and KYL for their efforts to tional Center for Victims of Crime has

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.012 S22PT1 S4276 CONGRESSIONAL RECORD — SENATE April 22, 2004 emphasized the great importance of in- provide some protections for victims. try in the jungles of Vietnam. He cluding protections for victims of non- Today, I am proud to have joined my risked his life to keep America safe. He violent crime. Our legislation does so, colleagues in sponsoring and voting in was wounded on three separate occa- and I commend the Center for its lead- favor of the Crime Victims’ Rights Act sions, received two medals for heroism ership on this important aspect of the which would extend rights to victims for his acts above and beyond the call issue. of federal crimes as well. Nationally, of duty. These were all in an effort to Our Victims’ Rights Act also directs this sends a clear message to victims keep our Nation safe and strong. the Attorney General to act within a that they will finally be given a voice Like most of us who voted for the year to issue regulations to enforce the in the Federal criminal process. PATRIOT Act, Senator KERRY believed rights of crime victims and ensure I also want to take this opportunity it gave law enforcement officials essen- compliance by all relevant officials. to recognize the leaders of the victim’s tial tools they needed in the war The bill strengthens victims’ rights at rights movement in my home state. Es- against terror. the Federal, State, and local levels by tablished in 2000, the National Crime He not only voted for the PATRIOT authorizing the use of Federal funds to Victim Law Institute has been com- Act, he actually authored parts of it. establish programs to promote compli- mitted to the enforcement and protec- Senator KERRY helped draft the money- ance and develop state-of-the-art sys- tion of victims’ rights in the criminal laundering provisions of the PATRIOT tems for notifying victims of impor- justice system. While there has been a Act. He believes that provision should tant dates and developments in their flood of legislation at the State level be strengthened to include nonbank in- cases. on victims’ rights, there has been a stitutions and increase funding for in- Once this bill is enacted into law, we dearth of academic attention paid to formation gathering and sharing. intend to monitor its implementation this area of the law. The National These provisions have helped choke fi- by the Justice Department, other law Crime Victim Law Institute, at the nancial support to terrorist groups. enforcement and criminal justice agen- Lewis and Clark School, is one of the When Congress enacted the PATRIOT cies, and the courts, so that we can first academic institutions to under- Act we gave it a sunset clause so we, take appropriate action, if necessary, take a focused effort to study and en- the Senate, the Congress, and the to ensure that the victims’ rights are hance the effectiveness of victim rights American people, could see how it protected, and also ensure that the ef- laws. The Institute’s Executive Direc- worked. We understood we were giving fective functioning of the law enforce- tor, Doug BeLoof, has authored Vic- the Government unprecedented power ment and criminal justice system is tims in Criminal Procedure, the first and we would want to come back later not impaired. I commend my col- casebook to be published in this area of and fine-tune the balance between the leagues for their leadership in making law. power of Government and the personal this legislation possible, and I urge the Along with this important legal rights of citizens. Senate approve it. We know that vic- scholarship, passage of this legislation Some parts of the PATRIOT Act will tims of crime have been waiting too is an important step in the fight to expire in approximately 20 months. long for our action, and hopefully this protect victims’ rights. I look forward Frankly, with all the important issues long-needed measure is finally on the to President Bush signing this legisla- and business this Senate has yet to ad- fast track for enactment into law. tion into law. dress, I don’t understand why we have Mr. SMITH. Mr. President, I rise to Mr. LEAHY. Madam President, I do had a series of speeches on the Senate speak about the Crime Victims’ Rights not see others seeking time so I reserve floor about making permanent the PA- Act. the remainder of my time and suggest TRIOT Act. It will not expire, as I have America is a country ruled by law the absence of a quorum. indicated, for 20 more months. At some and not by individuals. For that rea- The PRESIDING OFFICER. The point we will have to decide which son, our criminal justice system serves clerk will call the roll. parts of the PATRIOT Act should be as a beacon of light for many who live The assistant legislative clerk pro- reviewed, renewed, expanded, or in in the shadow of tyranny. Nowhere is ceeded to call the roll. some way limited in some instances. this better demonstrated than those Mr. REID. Mr. President, I ask unan- Senator KERRY wants to extend more rights of the accused protected by the imous consent the order for the than 95 percent of the provisions of the U.S. Constitution. A defendant has the quorum call be rescinded. PATRIOT Act. That is, so everyone is right to due process under law, the The PRESIDING OFFICER (Mr. AL- very clear, Senator KERRY believes 95 right to a speedy trial, the right to EXANDER). Without objection, it is so percent of the PATRIOT Act should re- counsel, the right against self-incrimi- ordered. main as it is. But keeping America nation, the right to confront witnesses Mr. REID. Mr. President, it is my un- strong, as Senator KERRY believes, also as well as a host of other protections. derstanding Senator LEAHY still has means protecting our individual rights These constitutional rights aim to pro- time remaining under his control. and privacy. Keeping America free tect the innocent and punish only the The PRESIDING OFFICER. That is means keeping a rein on the power of guilty. No American should be wrongly correct. Government, so Senator KERRY does incarcerated and denied the most basic Mr. REID. How much time? support some adjustments to the PA- liberties. The PRESIDING OFFICER. The Sen- TRIOT Act along with a number of While the Constitution provides a ator has 19.5 minutes. other Senators, including the ‘‘lib- panoply of rights for the accused, it Mr. REID. Mr. President, using Sen- erals’’ CRAIG and SUNUNU. I say that fa- does not guarantee any rights to crime ator LEAHY’s time, I will proceed. cetiously because Senator CRAIG and victims. Victims do not have the right The PRESIDING OFFICER. Without SUNUNU are anything other than pro- to be present during prosecution. Vic- objection, it is so ordered. gressives. tims do not have the right to be in- PATRIOT ACT AND SENATOR KERRY I am also a cosponsor of the amend- formed of the defendant’s hearing. Mr. REID. Mr. President, during this ment Senator KERRY suggests should They do not have the right to be heard lull, prior to the vote on this legisla- make adjustments to this act. at sentencing or at parole hearings. tion that has been changed from a con- Nobody has ever accused any of these Victims have no rights to restitution stitutional amendment to a statute, I Senators—Senators CRAIG, SUNUNU, or or notification even if they may be en- would like to take a few minutes hope- KERRY—of being soft on terrorism. dangered by the release of their fully to clear some of the confusion They are resolute in their commitment attacker. about the record of my colleague, the to protect our Nation from terror. But To maintain the integrity of our ju- Senator from Massachusetts, JOHN they are also resolute in their commit- dicial system, a careful balance must KERRY. This relates to the PATRIOT ment to protect our individual rights be struck between the rights of the ac- Act. and our freedom—just like JOHN cused and the rights of victims. Unfor- First of all, everyone should under- KERRY. tunately, the scales of justice have stand JOHN KERRY voted for the PA- Senator KERRY believes we need to been tilted. As a result, 32 States have TRIOT Act. This, of course, is a man improve the PATRIOT Act by making enacted constitutional amendments to who volunteered to fight for our coun- some changes in the provisions of a

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.014 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4277 couple of wiretaps, sneak-and-peek The PRESIDING OFFICER. The Sen- through the Congress even though it is warrants, and the seizure of business ator from California is recognized. almost impossible to get a constitu- and library records. Mrs. FEINSTEIN. Mr. President, I tional amendment through the Con- He isn’t alone. The House of Rep- ask unanimous consent that the Sen- gress on this very important subject. resentatives voted 309–118 to ban funds ator from New Mexico, Senator DOMEN- I rise today in support of S. 2329, The for these so-called ‘‘sneak and peek’’ ICI, be added as a cosponsor of the legis- Crime Victims’ Rights Act. The issue searches, which allow government lation before us. addressed by this legislation—pro- agents to surreptitiously search the The PRESIDING OFFICER. Without tecting the rights of victims of crime— homes of citizens, without ever noti- objection, it is so ordered. is one of utmost importance to the fying them. Mrs. FEINSTEIN. Mr. President, I American people. Senator KERRY wants to strengthen will say a few words in conclusion to At the outset, let me commend the the Patriot Act in other areas, by add- my remarks. efforts of Senators KYL and FEINSTEIN, ing new legal and organizational tools I believe the Senator from Arizona, who have worked tirelessly since 1996 to fight terror. Senator KYL, will be coming back to to try to get the crime victims’ rights He has been and will be tough on ter- the floor to make a small technical constitutional amendment passed. ror, and he will keep America safe. He modification to the amendment since No one has worked harder than these knows that the Patriot Act is just one questions have been developed and they two Senators in trying to protect vic- of the many weapons we need in that can be easily taken care of. I believe he tims’ rights. Over the last 8 years, they fight against terror. will do that. Otherwise, I think every- have met with countless victims, lis- Senator KERRY understands that we one who is going to speak on this has tened to their tragic stories, held hear- need to improve the lines of commu- spoken. ings, drafted and redrafted constitu- nication between different intelligence I would like to end by saying how tional language, and consulted with agencies, and between federal and local grateful I am for this day. This is an academics, outside experts and govern- officials. He believes that appropriate important day for many of us who care mental officials to make sure they got state and local authorities should have about victims’ rights—I think every it just right. immediate access to national terrorist Member of this Senate—because for the While I know their preference is to lists and 24-hour operations center first time we have a strong and com- pass a constitutional amendment—and should be created to link local and fed- prehensive measure to be able to that would have been my preference as eral law enforcement. It is called com- achieve a compendium of victims’ well—they have now prudently opted munication. rights. That compendium will give vic- to pursue a statutory remedy. Senator KERRY has called for tighter tims access to the criminal justice sys- I am especially pleased that the protection of chemical factories that tem so they may retain their dignity; ranking minority member of the Judi- could be targeted by terrorists. I am a so they have an opportunity to know ciary Committee, Senator LEAHY, is cosponsor of that legislation. Bowing joining us in this initiative. to the chemical industry, the Bush ad- when there is a trial and be present at When we last debated victims’ rights, ministration has opposed common the trial; to make statements if there it was in April of 2000. There can be no sense measures to improve security of is a public proceeding with respect to a question that the world has irrevocably 123 chemical plants where the EPA plea bargain; to be there to make a changed since then. says a terrorist attack could kill or in- statement; to receive restitution, if of- fered by a judge; to know when their Four years ago, many could not truly jure one million people. JOHN KERRY appreciate what it means to be a vic- knows that we have to do a better job attacker is released from jail or pris- tim of violence. Today, in the post-9/11 protecting these potential targets. on—not too much, but certain basic, era, it is impossible not to empathize Senator KERRY understands that we elemental rights for anyone who has ei- must give our police, firefighters and ther been the victim of or has been dra- with victims. I am sure that none of us other first responders the equipment matically affected by a crime. will forget the image of planes crash- and training they need to respond to I am very proud of the work on this. ing into the World Trade Center. None terrorist attacks. Right now, they I have worked with Senator KYL for a of us will forget the image of victims aren’t getting everything they need, long time, and now with Senators jumping out of windows to avoid the and the result could be tragic. HATCH and LEAHY as well. flames that were creeping up the build- Finally, Senator KERRY knows that I thank everybody who has been in- ings. None of us will forget the images we aren’t doing everything we should volved. of two of the tallest buildings in the to keep our seaports safe. Ninety five I particularly would like to thank world crumbling to the ground like a percent of our trade outside North my staff, Steven Cash and Dave house of cards with the victims trapped America moves by sea, and most of Hantman, who over the years I think underneath the rubble. And none of us that is concentrated in a handful of have grown more determined to get will forget the gaping hole in the side ports. Senator KERRY understands that this job done. of the Pentagon and the grief of the our economy and our national security I am hopeful we will have a unani- families of those that died that day. both depend on keeping our ports safe. mous vote in this body, that the bill In that single day, nearly 3,000 vic- We need to develop security standards will be accepted by the House, and we tims died in New York City and Wash- for our ports, invest in a system of con- will be able to say to victims all across ington, D.C. Yet as horrific as that sta- tainer security and provide more cus- this country there is a Federal statute tistic is, it cannot be compared to the toms inspectors. with a remedy and a method of enforce- more than five million violent crimes These are common sense measures to ment that will guarantee the very that are committed in the United protect our homeland. Every day that basic rights in Federal crimes; and also States every year. Yet the victims of we delay, we leave ourselves open to the funding to be able to go out and se- these violent crimes, as well as their potential acts of terrorism. cure some of those same rights under families and loved ones, continue to I hope my colleagues won’t impugn State law. suffer in silence. Some of them are not Senator KERRY’s commitment to na- I thank everybody. I yield the re- able to obtain notice of criminal pro- tional security just because he is con- mainder of my time. ceedings; they are not permitted to re- cerned about safeguarding our personal The PRESIDING OFFICER. The Sen- main in the courtroom while the trial rights and privacy. ator from Utah. is ongoing regardless of whether they I understand we don’t all agree on Mr. HATCH. Mr. President, I thank are expected to be called as a potential the need for measures like ‘‘sneak and the distinguished Senator from Cali- government witness. That is why I am peek’’ searches of American citizens or fornia for her excellent work, and also an original cosponsor of S. 2329. improving security at our seaports. the distinguished Senator from Arizona Let me give a couple of examples of Let’s debate those differences—but for his excellent work on this. They why we need this legislation. let us never suggest that any Member have worked on this year after year On December 2, 1998, Jeffrey Weller, of this body is not committed to keep- until we have finally reached this point who was only 23 years old, was mur- ing America strong and safe. where I believe we can get a bill dered by his childhood friend. The

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.080 S22PT1 S4278 CONGRESSIONAL RECORD — SENATE April 22, 2004 friend showed up at Jeff’s home, where In sum, this bill has strong bipar- The assistant legislative clerk pro- he lived with his new wife of 2 months. tisan support and I strongly urge my ceeded to call the roll. While the two men were sitting in a colleagues on both sides of the aisle to Mr. KYL. Mr. President, I ask unani- car, the murderer attacked Jeff with a vote for this important legislation. mous consent that the order for the knife. Jeff managed to get out of the It is time to quit playing around and quorum call be rescinded. car and run, but was shot once in the get this done. It is time to do what is The PRESIDING OFFICER. Without back. The man then shot Jeff again at right. The constitutional amendment objection, it is so ordered. point-blank range in the head. Al- itself, had we been able to bring that AMENDMENT NO. 3047 though the defendant was arrested, up, has been criticized because people Mr. KYL. Notwithstanding the pre- convicted and sentenced to 10 years in around here say we should never amend vious order, I ask the technical amend- prison, he was released after serving the Constitution, it is perfect as it is. ment at the desk be considered and only 4 years. Jeff’s family was denied a One reason some members want to agreed to and the motion to reconsider restraining order against the killer and amend the Constitution is to get it be laid upon the table. was told to contact local law enforce- back to where it really was. In other The PRESIDING OFFICER. Without ment if he comes on the property. In words, we have courts that have gone objection, it is so ordered. January 2002, the killer kidnapped and way beyond the pale and have amended The amendment (No. 3047) was agreed murdered Jeff’s 5-year old son and com- the Constitution by judicial fiat. Most to, as follows: mitted suicide. It is for families like of these constitutional amendments, I On page 7, line 24, strike the first period the Wellers that we need to pass this have found through the years, have bill—and there are so many. Yet, S. and insert the following: ‘‘, subject to appro- been to get the Constitution back priation.’’. 2329 gives victims the right to be rea- where it really belongs, away from On page 10, line 20, strike the first period sonably protected from the accused. rogue judges just deciding on their own and insert the following: ‘‘, subject to appro- In my home state of Utah, Pam to amend the Constitution because priation.’’. Kouris lost her 11-year old son, Mi- they are in a position that some be- Mr. KYL. I suggest the absence of a chael, when he was hit by a car while lieve, as Federal judges, is the closest quorum. riding his bicycle. The negligent driver thing to God in this life. Frankly, some The PRESIDING OFFICER. The was a police officer who was under the of them take advantage of that. clerk will call the roll. influence of pain killers, muscle relax- In the process, we wish we could get The assistant legislative clerk pro- ers and Valium. He ultimately pled back to where the people rule and ceeded to call the roll. guilty but he was not sentenced until where the Constitution was before they Mr. REID. Mr. President, I ask unan- 51⁄2 years after Michael’s death and he changed it by judicial fiat. There are a imous consent that the order for the received probation. It is for people like number of reasons why judicial fiat has quorum call be rescinded. Pam that we are passing this legisla- changed the laws with regard to vic- The PRESIDING OFFICER. Without tion to protect her right to proceedings tims’ rights. Frankly, this bill will get objection, it is so ordered. free from unreasonable delay. Mr. REID. Mr. President, how much In addition to those rights, the bill us back to a point where we will be making headway on victims’ rights and time remains on this matter now be- also establishes other fundamental fore the Senate? rights for victims, including the right protecting the rights of those who have been suffering far too long. The PRESIDING OFFICER. The Sen- to reasonable notice of public criminal ator from Utah has 16 minutes, the proceedings, the right not to be ex- I compliment my two dear friends and colleagues on the Judiciary Com- Senator from Vermont, 12. cluded from those proceedings, and the Mr. REID. Mr. President, I yield back right to be heard reasonably when a mittee and others in this Congress who have worked so hard to see this come the time of the Senator from Vermont. court is considering a criminal’s re- The PRESIDING OFFICER. Without lease, plea or sentence. The bill also to fruition. I yield the floor and suggest the ab- objection, it is so ordered. guarantees victims the right to confer Mr. KYL. Mr. President, I ask unani- with a Government attorney, the right sence of a quorum. mous consent that Senator SHELBY be to full and timely restitution, the right The PRESIDING OFFICER. The clerk will call the roll. added as a cosponsor of the legislation. to proceedings free from unreasonable The PRESIDING OFFICER. Without delay, and importantly, the right to be The assistant legislative clerk pro- objection, it is so ordered. treated with fairness and with respect ceeded to call the roll. Mr. KYL. Mr. President, on behalf of for the victim’s dignity and privacy. Mr. KYL. Mr. President, I ask unani- Senator HATCH, I yield back the time The bill also directs the Department mous consent that the order for the of Justice to promulgate regulations to quorum call be rescinded. that he has remaining. enforce these rights and to create an The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without administrative authority to receive objection, it is so ordered. objection, it is so ordered. and investigate complaints relating to Mr. KYL. I ask unanimous consent The question is on the engrossment the violation of the rights of crime vic- Senator KOHL be added as a cosponsor and third reading of the bill. tims. This administrative remedy cre- to the legislation pending. The bill was ordered to be engrossed ates a framework to quickly enforce The PRESIDING OFFICER. Without for a third reading and was read the victims’ rights. objection, it is so ordered. third time. Moreover, the bill provides that vic- Mr. KYL. Mr. President, notwith- Mr. KYL. Mr. President, I ask for the tims will have standing to sue in Fed- standing the previous order, I ask the yeas and nays. eral court if they are wrongly denied technical amendment which is at the The PRESIDING OFFICER. Is there a these rights. For those who may be desk be considered and agreed to and— sufficient second? concerned that this bill might lead to I withhold on that request for a mo- There appears to be a sufficient sec- new tort causes of action, let me assure ment. ond. you, that victims are not seeking to The PRESIDING OFFICER. The re- The bill having been read the third sue the government and get rich. All quest is withheld. time, the question is, Shall the bill, as the victims want is a chance to partici- Mr. REID. I apologize to my friend amended, pass? pate in the criminal justice process. from Arizona. It is certainly not his The clerk will call the roll. Accordingly, the bill states that there fault. I told him it had all been cleared. The legislative clerk called the roll. will be no cause of action for damages. I thought it had. Senator FEINSTEIN Mr. MCCONNELL. I announce that Public support for victims’ rights has cleared it; obviously, there are a the Senator from Colorado (Mr. CAMP- protection is very strong. All 50 states couple more people. BELL) and the Senator from Pennsyl- have some form of victims’ rights Mr. KYL. I withdraw the request vania (Mr. SPECTER) are necessarily ab- measures at a statutory or court-based until it is clear. sent. level and 33 states have passed state I suggest the absence of a quorum. Mr. REID. I announce that the Sen- constitutional amendments to protect The PRESIDING OFFICER. The ator from Massachusetts (Mr. KERRY) victims’ rights. clerk will call the roll. is necessarily absent.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.083 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4279 The PRESIDING OFFICER (Mr. victim, the court shall ensure that the crime and investigate complaints relating to the CRAPO). Are there any other Senators victim is afforded the rights described in provision or violation of the rights of a in the Chamber desiring to vote? subsection (a). The reasons for any decision crime victim; denying relief under this chapter shall be The result was announced—yeas 96, ‘‘(B) require a course of training for em- clearly stated on the record. ployees and offices of the Department of Jus- nays 1, as follows: ‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.— tice that fail to comply with provisions of [Rollcall Vote No. 70 Leg.] ‘‘(1) GOVERNMENT.—Officers and employees Federal law pertaining to the treatment of YEAS—96 of the Department of Justice and other de- crime victims, and otherwise assist such em- partments and agencies of the United States Akaka Dodd Lincoln ployees and offices in responding more effec- Alexander Dole Lott engaged in the detection, investigation, or tively to the needs of crime victims; Allard Domenici Lugar prosecution of crime shall make their best ‘‘(C) contain disciplinary sanctions, includ- Allen Dorgan McCain efforts to see that crime victims are notified ing suspension or termination from employ- Baucus Durbin McConnell of, and accorded, the rights described in sub- ment, for employees of the Department of Bayh Edwards Mikulski section (a). Justice who willfully or wantonly fail to Bennett Ensign Miller ‘‘(2) CONFLICT.—In the event of any mate- comply with provisions of Federal law per- Biden Enzi Murkowski rial conflict of interest between the pros- Bingaman Feingold Murray taining to the treatment of crime victims; Bond Feinstein Nelson (FL) ecutor and the crime victim, the prosecutor and Boxer Fitzgerald Nelson (NE) shall advise the crime victim of the conflict ‘‘(D) provide that the Attorney General, or Breaux Frist Nickles and take reasonable steps to direct the crime the designee of the Attorney General, shall Brownback Graham (FL) Pryor victim to the appropriate legal referral, legal be the final arbiter of the complaint, and Bunning Graham (SC) Reed assistance, or legal aid agency. that there shall be no judicial review of the Burns Grassley Reid ‘‘(3) NOTICE.—Notice of release otherwise final decision of the Attorney General by a Byrd Gregg Roberts required pursuant to this chapter shall not Cantwell Hagel Rockefeller complainant.’’. Carper Harkin Santorum be given if such notice may endanger the (b) TABLE OF CHAPTERS.—The table of Chafee Hatch Sarbanes safety of any person. chapters for part II of title 18, United States Chambliss Hutchison Schumer ‘‘(d) ENFORCEMENT AND LIMITATIONS.— Code, is amended by inserting at the end the Clinton Inhofe Sessions ‘‘(1) RIGHTS.—The crime victim, the crime following: Cochran Inouye Shelby victim’s lawful representative, and the attor- ‘‘237. Crime victims’ rights ...... 3771’’. Coleman Jeffords Smith ney for the Government may assert the Collins Johnson Snowe rights established in this chapter. A person (c) REPEAL.—Section 502 of the Victims’ Conrad Kennedy Stabenow accused of the crime may not obtain any Rights and Restitution Act of 1990 (42 U.S.C. Cornyn Kohl Stevens 10606) is repealed. Corzine Kyl Sununu form of relief under this chapter. ‘‘(2) MULTIPLE CRIME VICTIMS.—In a case SEC. 3. INCREASED RESOURCES FOR ENFORCE- Craig Landrieu Talent MENT OF CRIME VICTIMS’ RIGHTS. Crapo Lautenberg Thomas where the court finds that the number of Daschle Leahy Voinovich crime victims makes it impracticable to ac- (a) CRIME VICTIMS LEGAL ASSISTANCE Dayton Levin Warner cord all of the crime victims the rights con- GRANTS.—The Victims of Crime Act of 1984 DeWine Lieberman Wyden tained in this chapter, the court shall fash- (42 U.S.C. 10601 et seq.) is amended by insert- ing after section 1404C the following: NAYS—1 ion a procedure to give effect to this chapter. ‘‘(3) WRIT OF MANDAMUS.—If a Federal ‘‘SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE Hollings court denies any right of a crime victim GRANTS. NOT VOTING—3 under this chapter or under the Federal ‘‘(a) IN GENERAL.—The Director may make grants as provided in section 1404(c)(1)(A) to Campbell Kerry Specter Rules of Criminal Procedure, the Govern- ment or the crime victim may apply for a State, tribal, and local prosecutors’ offices, The bill (S. 2329), as amended, was writ of mandamus to the appropriate court law enforcement agencies, courts, jails, and passed, as follows: of appeals. The court of appeals shall take up correctional institutions, and to qualified S. 2329 and decide such application forthwith and public and private entities, to develop, estab- lish, and maintain programs for the enforce- Be it enacted by the Senate and House of Rep- shall order such relief as may be necessary to protect the crime victim’s ability to exer- ment of crime victims’ rights as provided in resentatives of the United States of America in law. Congress assembled, cise the rights. ‘‘(b) FALSE CLAIMS ACT.—Notwithstanding ‘‘(4) ERROR.—In any appeal in a criminal SECTION 1. SHORT TITLE. any other provision of law, amounts col- This Act may be cited as the ‘‘Scott Camp- case, the Government may assert as error the district court’s denial of any crime vic- lected pursuant to sections 3729 through 3731 bell, Stephanie Roper, Wendy Preston, of title 31, United States Code (commonly Louarna Gillis, and Nila Lynn Crime Vic- tim’s right in the proceeding to which the appeal relates. known as the ‘False Claims Act’), may be tims’ Rights Act’’. used for grants under this section, subject to ‘‘(5) NEW TRIAL.—In no case shall a failure SEC. 2. CRIME VICTIMS’ RIGHTS. to afford a right under this chapter provide appropriation.’’. (b) AUTHORIZATION OF APPROPRIATIONS.—In (a) AMENDMENT TO TITLE 18.—Part II of grounds for a new trial. title 18, United States Code, is amended by addition to funds made available under sec- ‘‘(6) NO CAUSE OF ACTION.—Nothing in this tion 1402(d) of the Victims of Crime Act of adding at the end the following: chapter shall be construed to authorize a 1984, there are authorized to be appropriated ‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS cause of action for damages. to carry out this Act— ‘‘Sec. ‘‘(e) DEFINITIONS.—For the purposes of this (1) $2,000,000 for fiscal year 2005 and ‘‘3771. Crime victims’ rights. chapter, the term ‘crime victim’ means a person directly and proximately harmed as a $5,000,000 for each of fiscal years 2006, 2007, ‘‘§ 3771. Crime victims’ rights result of the commission of a Federal of- 2008, and 2009 to United States Attorneys Of- ‘‘(a) RIGHTS OF CRIME VICTIMS.—A crime fense. In the case of a crime victim who is fices for Victim/Witnesses Assistance Pro- victim has the following rights: under 18 years of age, incompetent, incapaci- grams; ‘‘(1) The right to be reasonably protected tated, or deceased, the legal guardians of the (2) $2,000,000 for fiscal year 2005 and from the accused. crime victim or the representatives of the $5,000,000 in each of the fiscal years 2006, 2007, ‘‘(2) The right to reasonable, accurate, and crime victim’s estate, family members, or 2008, and 2009, to the Office for Victims of timely notice of any public proceeding in- any other persons appointed as suitable by Crime of the Department of Justice for en- volving the crime or of any release or escape the court, may assume the crime victim’s hancement of the Victim Notification Sys- of the accused. rights under this chapter, but in no event tem; ‘‘(3) The right not to be excluded from any shall the defendant be named as such guard- (3) $300,000 in fiscal year 2005 and $500,000 such public proceeding. ian or representative. for each of the fiscal years 2006, 2007, 2008, ‘‘(4) The right to be reasonably heard at ‘‘(f) PROCEDURES TO PROMOTE COMPLI- and 2009, to the Office for Victims of Crime any public proceeding involving release, ANCE.— of the Department of Justice for staff to ad- plea, or sentencing. ‘‘(1) REGULATIONS.—Not later than 1 year minister the appropriation for the support of ‘‘(5) The right to confer with the attorney after the date of enactment of this chapter, the National Crime Victim Law Institute or for the Government in the case. the Attorney General of the United States other organizations as designated under ‘‘(6) The right to full and timely restitu- shall promulgate regulations to enforce the paragraph (4); tion as provided in law. rights of crime victims and to ensure compli- (4) $7,000,000 for fiscal year 2005 and ‘‘(7) The right to proceedings free from un- ance by responsible officials with the obliga- $11,000,000 for each of the fiscal years 2006, reasonable delay. tions described in law respecting crime vic- 2007, 2008, and 2009, to the Office for Victims ‘‘(8) The right to be treated with fairness tims. of Crime of the Department of Justice, for and with respect for the victim’s dignity and ‘‘(2) CONTENTS.—The regulations promul- the support of— privacy. gated under paragraph (1) shall— (A) the National Crime Victim Law Insti- ‘‘(b) RIGHTS AFFORDED.—In any court pro- ‘‘(A) establish an administrative authority tute and the establishment and operation of ceeding involving an offense against a crime within the Department of Justice to receive the Institute’s programs to provide counsel

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.022 S22PT1 S4280 CONGRESSIONAL RECORD — SENATE April 22, 2004 for victims in criminal cases for the enforce- from California, DIANNE FEINSTEIN, for Says Jeanne: ment of crime victims’ rights in Federal ju- their labor over the past several years All we want is equality and fair play in the risdictions, and in States and tribal govern- on behalf of a constitutional amend- courtroom. We want to be treated with cour- ments that have laws substantially equiva- ment, and for their efforts over the tesy and respect. I don’t think that’s too lent to the provisions of chapter 237 of title past days to write into Federal law ap- much to ask for. 18, United States Code; or (B) other organizations substantially simi- propriate protections for victims of Mr. President, nor do I. And that is lar to that organization as determined by crime across the country. Without why I strongly support the Crime Vic- the Director of the Office for Victims of their dedication we would not have this tims’ Rights Act and look forward to Crime. victory. getting this bill to the President’s (c) INCREASED RESOURCES TO DEVELOP While a constitutional amendment is desk. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING preferable, this victims’ rights Federal My home State of Tennessee has a CRIME VICTIMS OF IMPORTANT DATES AND DE- statute represents a significant im- Victims Bill of Rights. It was passed in VELOPMENTS.—The Victims of Crime Act of provement over the status quo. It en- November of 1998. 1984 (42 U.S.C. 10601 et seq.) is amended by in- sures that crime victims have the right Anna Whalley, clinical coordinator of serting after section 1404D the following: to fair treatment in the criminal jus- the Shelby County Crime Victims Cen- ‘‘SEC. 1404E. CRIME VICTIMS NOTIFICATION tice system. It will give crime victims GRANTS. ter, tells my office that the law has im- new legal standing to enforce their ‘‘(a) IN GENERAL.—The Director may make proved the status of victims in the grants as provided in section 1404(c)(1)(A) to rights in court. Tennessee justice system. Judges are State, tribal, and local prosecutors’ offices, Too often, victims are shut out of the now getting used to seeing victims in law enforcement agencies, courts, jails, and criminal justice process. They aren’t their courtrooms and are making their correctional institutions, and to qualified informed of hearings, plea deals, trial courtrooms more comfortable and ac- public or private entities, to develop and im- dates and sentencing, or of parole hear- commodating. plement state-of-the-art systems for noti- ings once their attacker is convicted. Because the Tennessee law does not fying victims of crime of important dates The system rightly strives to protect provide funding, however, victims con- and developments relating to the criminal the rights of defendants. But too often proceedings at issue in a timely and efficient tinue to fall through the cracks. There it overlooks the rights of the victims. simply is not enough money to stay on manner, provided that the jurisdiction has Take, for example, the case of Jeanne top of all of the cases and keep victims laws substantially equivalent to the provi- Brykalski of Knoxville, TN. Nine years sions of chapter 237 of title 18, United States informed throughout the judicial proc- ago, Jeanne lost both of her parents in Code. ess. a double homicide. ‘‘(b) INTEGRATION OF SYSTEMS.—Systems The Crime Victims’ Rights Act wise- developed and implemented under this sec- It was a Friday night, Jeanne’s par- ents, Lester and Carol Dotts, went out ly addresses this problem. It provides tion may be integrated with existing case legal assistance grants to help local management systems operated by the recipi- for dinner. When they returned, they ent of the grant. surprised three burglars in the act of law enforcement agencies promote vic- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— looting their home. tims’ rights. In addition to funds made available under Jeanne’s mother was shot seven It also authorizes over $97 million section 1402(d), there are authorized to be ap- times, once at point-blank range in the over the next 5 years to broadly carry propriated to carry out this section— head. Her father was shot six times, out the legislation’s goals. ‘‘(1) $5,000,000 for fiscal year 2005; and first in the neck and then repeatedly Mr. President, we are not all the way ‘‘(2) $5,000,000 for each of the fiscal years there. Our ultimate goal is to pass a 2006, 2007, 2008, and 2009. while he lay crumpled on the floor. The assailants seized Jeanne’s mother’s victims’ rights constitutional amend- ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding ment. But this legislation represents a any other provision of law, amounts col- purse. And in a final grisly act, stole lected pursuant to sections 3729 through 3731 her father’s wallet from his back pock- significant leap forward. of title 31, United States Code (commonly et as he lay dying. I thank my colleagues for their sup- known as the ‘False Claims Act’), may be Jeanne’s parents would have cele- port today. used for grants under this section, subject to brated their 45th anniversary that As we all agree, victims have rights, appropriation.’’. summer. too. SEC. 4. REPORTS. She tells my office: f (a) ADMINISTRATIVE OFFICE OF THE UNITED Something like this you never get over. At MORNING BUSINESS STATES COURTS.—Not later than 1 year after first you don’t sleep. You can’t sleep, be- the date of enactment of this Act and annu- cause when you close your eyes, horrible im- Mr. DOMENICI. Mr. President, I ask ally thereafter, the Administrative Office of ages flood your mind. When you finally can unanimous consent that the Senate the United States Courts, for each Federal sleep, that’s when the nightmares come. now proceed to a period for morning court, shall report to Congress the number of Jeanne found out about the first of business with Senators permitted to times that a right established in chapter 237 speak for up to 10 minutes each. of title 18, United States Code, is asserted in the three perpetrators’ public hearings a criminal case and the relief requested is on the front page of the local paper. As The PRESIDING OFFICER. Without denied and, with respect to each such denial, Jeanne recounts it, one morning before objection, it is so ordered. the reason for such denial, as well as the work, her husband went outside to The Senator from New Mexico. number of times a mandamus action is fetch the paper from the delivery box. Mr. REID. Mr. President, will the brought pursuant to chapter 237 of title 18, He came back in and tossed it on the Senator from New Mexico yield to me and the result reached. kitchen table, telling her, ‘‘You’ll want for a question? (b) GENERAL ACCOUNTING OFFICE.— to read this.’’ Mr. DOMENICI. Yes, I yield. (1) STUDY.—The Comptroller General shall Says Jeanne: Mr. REID. Senator LANDRIEU has conduct a study that evaluates the effect and I saw the headline, and of course had to been waiting for the vote to end. She efficacy of the implementation of the amend- has to pick up her children, but she ments made by this Act on the treatment of keep reading. And then I found out for the crime victims in the Federal system. first time the gruesome details of how my first wants to speak about her children parents were murdered. I completely fell (2) REPORT.—Not later than 3 years after for a couple of minutes. Would the Sen- the date of enactment of this Act, the Comp- apart. And I still had to go to work that day. ator allow her 2 minutes prior to begin- troller General shall prepare and submit to Jeanne says it took a long time for ning his speech? the appropriate committees a report con- the justice system to acknowledge her Mr. DOMENICI. Of course. taining the results of the study conducted need to be a part of the process. In fact, Ms. LANDRIEU. I thank the Senator under subsection (a). on three occasions, she showed up for from New Mexico, and I thank my col- Mr. FRIST. Mr. President, I want to hearings that she was never told were league from Nevada. take a moment to comment on the pas- canceled. The youngest of the perpetra- f sage today of the Crime Victims’ tors was plea bargained without Rights Act. I am gratified by the over- Jeanne and her husband being in- TAKE OUR DAUGHTERS AND SONS whelming, bipartisan support for this formed. TO WORK DAY crucial legislation. Her experience with the system led Ms. LANDRIEU. As a wonderful Sen- I especially thank the Senator from her to become a volunteer for the East ator from New Mexico, and also as a fa- Arizona, JON KYL, and the Senator Tennessee Victims’ Rights Task Force. ther of many girls and a grandfather, I

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.023 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4281 know the Senator can appreciate the DOMESTIC NATURAL GAS Energy and Natural Resources has been day we are celebrating today, which is PRODUCTION suggesting we do is so much less risky Take Our Daughters and Sons to Work Mr. DOMENICI. Mr. President, I have than this, this fuel that exploded, that Day. We have literally hundreds of up to 10 minutes, but I do not believe I I almost wonder what is it going to young people who are in the Chamber will use that, if anybody is wondering. take to bring us to our senses. today. They have been around the Sen- I rise to speak about a disaster that There are Northern and Eastern ate and the House celebrating this very has occurred within the last 24 hours in States saying, once they hear about special day, seeing their parents at the country of North Korea. We now LNG, they don’t want it either. But I work in the Senate and in the Capitol, have on the wire service recognition of can tell you, there is not going to be not only as elected officials but as the the fact that there was a train wreck any gas for parts of our country and it staffers and support staff. in North Korea where two trains ran is not going to be imported from the into each other. It appears that be- West to the East; it is going to be I have 20 young ladies with me today, tween 1,000 and 3,000 people were killed. brought to where it is needed. We are nieces and friends from Louisiana, One report says 1,000 and another re- going to see people who are now talk- from Alabama, and from the Wash- port says 3,000. In the meantime, the ing with permittees who want to build ington area. I am going to submit all of North Koreans have cut off the tele- plants, refineries, bases where you can their names for the RECORD to show phone lines to the area and have closed harbor and hold liquefied natural gas. that they spent a day working in the the border, so considering the nature of Unless one of those trains had LNG, Senate with me and with some of the the country, I do not know when we and I don’t think it did, we haven’t other Senators and have seen firsthand will find out how many. seen anything yet. If you killed 1,000 the work that goes on. The reason I rose to talk about it is and wounded 1,000 and blew up a town I want to acknowledge MS Magazine because the substances that we have with two trains running into each been told were in those trains do not Foundation that started Take Our other and one of them was not LNG, come close to the explosive power of then whatever we know about will be Daughters and Sons to Work Day to liquefied natural gas. They are some less volatile than LNG. So we could be thank them for organizing this effort kind of a liquefied petroleum and an- looking at a more disastrous situation. where there are thousands, maybe per- other product like propane, and it must I also suggest while we are talking haps millions, of young people who have been sufficient power for this to about terrorism, just think of that. If have taken a day out of their school ignite and blow up. we have to bring in shipload after ship- work to go to the various places where Why would I bring this subject up on load of natural gas, just think of what Americans are working to contribute the Senate floor? Well, I say to my col- we are going to have to do to make to making this country of ours a better leagues, the Nation we live in has been sure it is not part of a terrorist plan to country and this world a better place. on such an absurd path with reference blow up part of our country. As we celebrate Earth Day today, to diversifying our energy resources I for one hope we don’t have to bring which is also very important as we that we are currently thinking about very much in, but I am sure, with what focus on the environment, I wanted to using liquefied natural gas in large has been going on—and I am sure the acknowledge this day. I thank my quantities to take the place of natural occupant of the chair shares my con- friend from New Mexico for giving me gas, which is getting higher and higher cern—we ought to be very careful. We this time and I ask unanimous consent in demand and less and less in terms of ought to take on the issue of, can we supply. I believe we ought to get on get some nuclear powerplants built in a to have printed in the RECORD the with producing as much natural gas names of these young ladies and thank safer way than in the past? Can we from our own sources as possible. I be- produce some truly clean coal-burning them for being a part of this special lieve the natural gas from the State of plants? We can bring solar, wind, and day and taking their time to come and Alaska ought to be brought on board geothermal on. We can give them sub- learn about the workings of the Sen- and we ought to help pay for the pipe- sidies, all that are in this bill which we ate. line which will be the largest and most will not bring up today. There being no objection, the mate- expensive construction job in our his- I think for those who are looking at rial was ordered to be printed in the tory, but it will transport voluminous that terrible country, terrible in terms RECORD, as follows: quantities of natural gas and it will be of the nature of the existence of the ours. It will not be liquefied natural people in North Korea, we can do noth- From St. Richards School: Mary Claire gas from Algeria, Tunisia, or wherever Logue and Catherine Logue, Monroe, LA; ing but shake our heads in fear and from St. Dominic School: Erica Sensen- it comes from. trepidation. I just finished reading a brenner, New Orleans, LA; from St Ignatius We are inviting the opposite. We are book about North Korea. As a Senator School: Lindsey Seiter, Mobile, AL; from inviting States, principally in the east- from a free country, to just read what Tchefuncte Middle School: Lauren Cook, ern part of the United States—at least is going on in that country just scares New Orleans, LA; from Louise McGehee it is not the West or the South again. me to death. How the people can be so School: Meredith Chehardy, New Orleans, But I would like to make sure other ravaged, so disgraced as human beings LA; from Spring Hill Elementary School: parts of the country understand that if by that regime, and then to have some- Caroline Hudson, Washington, DC; from they have been holding out and not thing like this happen to them makes Georgetown Day: Rachel Jerome, Wash- wanting us to get this energy bill me terribly unhappy to be part of lead- ington, DC; from Georgetown Day: Hayley passed because they think this is some ership in this world, that we can still Gray, McLean, VA; from St Scholastica easier way—like we can solve this with let that eyesore of terrible proportions Academy Trinity School: Gabrielle Klein and wind instead of natural gas—you know Stephanie Harkness, Mandeville, LA; from exist. Here is another one—3,000 people. Our Lady of the Lake School: Elise it just is not true. We cannot produce Just absolutely pathetic. Ganacheaux, New Orleans, LA; from St. enough wind energy to take the place I yield the floor. Mr. President, I sug- Catherine of Sienna School: Sarah Parent, of the natural gas shortage we are gest the absence of a quorum. New Orleans, LA; from Isidore Newman going to have if we don’t get on with The PRESIDING OFFICER. The School: Jordan Warshauer, New Orleans, LA; producing it as fast as we can, in as clerk will call the roll. from Louise McGehee School: Carol Irene large quantities as we can, and from The assistant legislative clerk pro- Gelderman, New Orleans, LA; from Louise safe sources, safe in terms of reliability ceeded to call the roll. McGehee School: Catherine Cochran, New and safe in terms of the environment. Mr. REID. Mr. President, I ask unan- Orleans, LA; from Jackson Academy: Storey We are going to hear more about imous consent that the order for the Wilson, Baton Rouge, LA; from Bradley Hills this. I am sorry that I come to the Sen- quorum call be rescinded. Elementary: Hannah Sherman, Bethesda, ate floor with such drastic statements The PRESIDING OFFICER. Without MD; from Pyle Middle School: Casey Thevenot, Washington, DC. about energy and the destruction of objection, it is so ordered. people and property because of this col- The Senator from Nevada is recog- The PRESIDING OFFICER. The Sen- lision involving energy sources. But I nized. ator from New Mexico. can tell you, what the Committee on Mr. REID. I thank the Chair.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.086 S22PT1 S4282 CONGRESSIONAL RECORD — SENATE April 22, 2004 (The remarks of Mr. REID pertaining to it, and America’s hand should the U.N. and gotten 17 resolutions. Ap- to the introduction of S. 2336 are lo- not be held back by such a veto. I could parently, another is needed? For what? cated in today’s RECORD under ‘‘State- not have agreed with him more. Legitimacy? ments on Introduced Bills and Joint As a Republican, I voted with Presi- We are going to get people to sanc- Resolutions.’’) dent Clinton consistently in our efforts tion what we are doing when we will The PRESIDING OFFICER. The Sen- to bail out our European friends in soon learn who was on the take and ator from Oregon. Kosovo to stop genocide. I am proud of providing the money that Saddam Hus- Mr. SMITH. Mr. President, I ask those votes. I am proud of President sein used for palaces, weapons, and unanimous consent to speak as in Clinton for that. But I left the experi- mass murder. morning business. ence scratching my head about the I hope JOHN KERRY runs his new ad in The PRESIDING OFFICER. Without United Nations and its role in the secu- Oregon a lot because he repeats his objection, it is so ordered. rity architecture of our planet and par- ‘‘Meet the Press’’ statement in a f ticularly my country. slightly different version. He says: The Then after 9/11, I heard lots of great IRAQ first thing I will do is internationalize speeches and then began to become this. I will go to the international com- Mr. SMITH. Mr. President, like all of aware of lots of wonderful resolutions munity. my colleagues, I went back home dur- and was so disappointed that there was I want the people of Oregon to know ing the Easter recess and listened to no resolve in the resolutions; that it how vacuous a statement that is. I the feelings of Oregonians. It is clearly ended at words. want my friend from Massachusetts to on the minds of the people of my State Now we find ourselves confronted know I don’t want the international and much of the country the cir- with an investigation in the United Na- community defending my family and cumstance we find ourselves in Iraq. I tions in which an oil for food program my country. I know the American peo- thought I would come and share some is going to be revealed to all the world ple want a sense of how do we get out of my perspective on where America is, as a monstrous corruption. It would be of this because we don’t want an open- as this one Senator sees it, in the war better titled a ‘‘Fraud for Food Pro- ended commitment. on terrorism. gram.’’ I wonder how well served we I hear it said by some of our Euro- I shared these feelings with many of are by a Security Council that would pean friends: You did it for oil. I tell my constituents. I wanted to share tolerate such a thing. the American people, if we had done it them with the Senate today as my re- I am not suggesting we withdraw for oil, we would have invaded Ven- flections on the week I have just had. from the United Nations, but I am tell- ezuela. There is a lot of oil there, and When I first came to the Senate 7 ing you I believe we should question years ago, I was privileged to spend my they have no military. We did it for that is the place we go for legitimacy. values. We did it because we believed in first term as a member of the Senate I have concluded that the U.N. can do Foreign Relations Committee. I came a post-9/11 world that Saddam Hussein a few things well. Mr. Brahimi’s efforts was part and parcel of the war on ter- to the Senate with many preconceived are to be applauded and gratitude ex- views about the values of many of our rorism. We believed, like all the other pressed, but, frankly, to go there for le- intelligence communities in the world, alliances and our involvement in all gitimacy, as some suggest, I think is kinds of international architecture— that he had weapons of mass destruc- very misplaced because we cannot get tion because he had declared them but the United Nations, NATO, and many legitimacy from the kind of corruption treaties. I have been an advocate of not disclosed them. That is why Bill that has been engaged in the United Clinton bombed Saddam Hussein for 4 these institutions and treaties on Nations in its ‘‘Fraud for Food Pro- many occasions. But I find myself now days and nights in 1998. That is why gram.’’ this place, the United States Senate, in a position where I am questioning What happened here, as Mr. Volcker under the direction and urging of Bill some of my earlier positions, based will soon reveal to the world, is a sys- Clinton, passed a resolution calling for upon my experience as a Senator. tem of price fixing, price kiting, skim- regime change. My questioning first began when I ming, bribes, paybacks in which the The PRESIDING OFFICER (Mr. TAL- watched with dismay the U.N. essen- United Nations bureaucracy, or at ENT). The time of the Senator from Or- tially stand by as nearly 1 million least some members of it, were deeply egon has expired. Rwandans were hacked to death. complicit. What Saddam Hussein got I watched with further dismay when out of that, according to the Wash- Mr. SMITH. Mr. President, I ask approximately a quarter of a million ington Post, was $4 billion. According unanimous consent for another 5 min- Bosnian Muslims were murdered in to the New York Times, it is $10 bil- utes. cold blood by Mr. Milosevic and his lion. According to other estimates, it The PRESIDING OFFICER. Without minions, and I wondered why they could run as high as $100 billion. Some- objection, it is so ordered. couldn’t do anything? where in that range the truth will be Mr. SMITH. Mr. President, we passed I remember the occasion when a found. the resolution on regime change. In a number of us were invited to meet with What did he do with the billions, post-9/11 world, with that intelligence President Clinton as our European al- whether it is 4 or 100? He went about that we had from President Clinton’s lies were pleading with the President systematically rebuilding his mur- administration and with that belief to intervene with them as Europeans derous machine to buy weapons and that he was a clear and growing danger to help stop genocide on Europe’s back- palaces and to exterminate about to this country, and for all the reasons door. I remember saying to the Presi- 400,000 Shiite Muslims. Then I wonder which President Bush has articulated, dent: Mr. President, I think stopping why it is we are going to the U.N. for we did what President Clinton said we genocide is a value that I share with resolutions for legitimacy. would ultimately have to do: Change the international community, it cer- I tell you these things because, that regime. tainly is and ought to be an American frankly, I was astounded when our I tell you, my belief is that those who value. So, Mr. President, you have my friend and colleague, the Democratic would say the war on terrorism is here, support, but I urge you to seek a reso- presumptive nominee for President, but Saddam Hussein is somehow ex- lution from the Security Council so we was on ‘‘Meet the Press.’’ When asked empted from that, are engaging in a go in with the ‘‘legitimacy’’ of the what was the first thing he would do, theory because the truth is, he was, by United Nations. he said: I will go back to the U.N. every measure, a central financier and He said to me: Senator, I can’t be- I remember Dwight Eisenhower, tormenter of terrorism. Ask the cause I have been promised a U.N. reso- when he became the Republican nomi- Israelis. lution to intervene to stop genocide in nee, we were in trouble in Korea. He Where did Hamas get its money? Kosovo would be vetoed by the Rus- said: I will go to Korea. And JOHN There is a way out. There is a deadline sians and the Chinese. KERRY is essentially saying: I will go that is drawing out of the shadows all President Clinton believed that was a to Paris. For what? Legitimacy? Inter- those who want to compete for power. value high enough that nobody ought national involvement? We have gone to A lot of poison is being drained out of

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.089 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4283 the Iraqi system and America is bear- The PRESIDING OFFICER. Without dered the military to prepare a re- ing the burden, but we will see a grad- objection, it is so ordered. sponse to the attacks. The notes quote ual transition of power and sovereignty f Rumsfeld as saying that he wanted the from us to the Iraqi people because our best information fast, to judge whether country does not aspire to the terri- IRAQ WAR FUNDING the information was good enough to hit tory or treasury or oilfields of Iraq. We Mr. KENNEDY. Mr. President, in his Saddam and not just Osama bin Laden. desire a more peaceful world. remarks yesterday, Senator BYRD ‘‘Go massive,’’ the notes quote him as President Bush has concluded, yes, raised serious questions about whether saying. ‘‘Sweep it all up. Things re- we can swat flies and we can send the Bush administration violated the lated and not.’’ cruise missiles here and there, but the law when it first began to prepare for As Bob Woodward’s new book, ‘‘Plan truth is, if the fundamentals on the war with Iraq without informing Con- of Attack’’ reveals, President Bush ground cannot be changed to give the gress it was using funds appropriated himself asked Secretary Rumsfeld to people some democratic institutions, for other purposes to do so. Three days get a war plan for Iraq on November frankly, nothing is going to be changed after 9/11, both the Senate and the 21—barely 2 months after the dev- in the Middle East. House of Representatives approved $40 astating attacks. In the many months Now, there is a very tribal culture billion in emergency funds in response that followed, Congress had no idea there and ultimately Iraq may be to that tragedy. The legislation was that secret preparations for war in Iraq evolving into a three-part state, with signed into law on September 18, 2001. were underway. It was not until Sep- Kurds in the north and Shia in the Its clearly stated purpose was ‘‘to re- tember 2002, nearly 10 months later, south and Sunnis in the center, and spond to the terrorist attacks on the that the administration even asked there may be a very loose confederacy United States that occurred on Sep- Congress to authorize war in Iraq. of Iraq, but to avoid civil war they will tember 11, 2001, to provide assistance to Senator BYRD is right to raise this have to have some religious and ethnic the victims of the attacks, and to deal issue and to ask the tough questions. elbowroom as Iraqis. We are going to with other consequences of the at- In a hearing in the Senate Armed Serv- allow that to happen, I hope. tacks.’’ ices Committee on Tuesday, Deputy I say to the people of my State, re- When the Congress approved these Secretary Paul Wolfowitz gave us a gard with humor if you can but great funds images of the World Trade Center non justification. He said that the ad- skepticism if you will those who call towers falling and the plume of smoke ministration notified Congress about for internationalizing America’s war over the Pentagon were fresh in the $63 million in military construction on terrorism. They can come in any minds of every American, and the Na- spending for Iraq on October 11 2002— time. The problem is, they are tion was mourning the loss of 3000 men just 1 day after Congress passed the complicit in the financing of Saddam and women who were brutally mur- joint resolution authorizing the use of Hussein and they run at the first shot. dered in the worst terrorist attack in force in Iraq. After that, Secretary Tony Blair recently addressed this our history. Wolfowitz said, ‘‘some $800 million body and the House of Representatives. We were at war with al-Qaida, a ter- were made available over the following In conclusion, I share with my col- rorist organization based in Afghani- months to support Iraq preparatory leagues his words. Said the Prime Min- stan, and with the Taliban government tasks consistent with that joint resolu- ister: I know how hard it is on Amer- that was giving it sanctuary. Congress tion.’’ ica. And in some small corner of this was united in its determination to help But Mr. Wolfowitz’s claim is incon- vast country out in Nevada or Idaho, I the administration win the war in Af- sistent with the assertion in Bob Wood- know out there is a guy getting on ghanistan and do all we could to pre- ward’s book that $700 million worth of with his life perfectly happy, minding vent any further terrorist attacks. ‘‘preparatory tasks’’ were approved in his own business, saying to you, the po- Congress clearly did not intend those the summer of 2002 to accommodate litical leaders of the country, why me funds to be used for a war with Iraq. the major U.S. troop deployment that and why us and why America? And the There had been no debate about Iraq. would be required for the invasion of only answer is because destiny has put We were not thinking about Iraq in Iraq. you in this place in history, in this mo- Diverting funds from the war in Af- those painful and dark days after the 9/ ment of time, and the task is yours to ghanistan or from the Pentagon’s reg- 11 attacks. do. ular operating budget to prepare for But the administration was. This world is a better place because war against Iraq without the knowl- As we now know, the Bush adminis- of American leadership and because edge of Congress is clearly a funda- tration was focused on Iraq from day America’s foreign policy is still based mental breach of the trust that must one after the inauguration, and it was on the best values of our Bill of Rights, exist between Congress and the Presi- quick to use the 9/11 tragedy to ad- democracy, human rights, the spread of dent in our system of government. It is vance its agenda on Iraq. freedom and enterprise through trade, clearly at odds with the requirement of According to former Treasury Sec- religious freedom, thought, press, as- the Emergency Supplemental Appro- retary Paul O’Neill’s account in Ron sembly. Things that we are privileged priations Act itself, which states that Suskind’s book, ‘‘The Price of Loy- to take for granted are, frankly, un- ‘‘the President shall consult with the alty,’’ Iraq was on the agenda at the known in the Middle East. This is our Chairmen and ranking minority mem- idealism and it is a centerpiece now of very first meeting of the National Se- bers of the Committees on Appropria- our foreign policy, but those who would curity Council, just 10 days after Presi- tions prior to the transfer of these go to the U.N. to establish those prin- dent Bush’s inauguration in 2001. As funds.’’ ciples, they will do it in vain and they Secretary O’Neill said: ‘‘Getting Hus- In the summer of 2002 when these will do it with my opposition, if to sein was now the Administration’s plans were under way, the war against internationalize this means my family focus. From the start, we were building al-Qaida was far from over. Osama bin and theirs are protected by institutions the case against Hussein and looking Laden was still at large. If Mr. Wood- which the Russians, the French, the at how we could take him out and ward is correct, the failure even to con- Chinese, or anyone can veto when it in- change Iraq into a new country. And, if sult with Congress shows the contempt volves the security of the American we did that, it would solve everything. of the Bush administration for the con- people. It was all about finding a way to do it. stitutional role of Congress on the fun- I yield the floor, and I suggest the ab- That was the tone of it. The President damental issue of war and peace. sence of a quorum. saying, ‘Fine. Go find me a way to do We need satisfactory answers to The PRESIDING OFFICER. The this.’’’ many questions: clerk will call the roll. September 11 gave the administra- Did the administration divert funds The assistant legislative clerk pro- tion the excuse they were looking for provided to respond to the 9/11 attacks ceeded to call the roll. to go to war with Iraq. According to and spend them in the summer of 2002 Mr. KENNEDY. Mr. President, I ask notes taken by an aide to Secretary to prepare for war in Iraq? unanimous consent that the order for Rumsfeld on September 11, the very If the administration did begin the quorum call be dispensed with. day of the attacks, the Secretary or- spending those funds in the summer of

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.093 S22PT1 S4284 CONGRESSIONAL RECORD — SENATE April 22, 2004 2002, why did it not consult the Chair- datory and enforceable, with penalties blackout last August. They know the man of the Appropriations Committee for noncompliance. People across commission came back and rec- as the law required.? America probably woke up after that ommended this is what we should do. If the administration did begin blackout and thought, what happened? The reason I am bringing this issue spending such funds in the summer of How did this whole situation happen to up now is because I think some people 2002, why did the quarterly reports pro- us? on the other side of the aisle think we vided to Congress not clearly indicate I can tell them how it happened. We are just going to take another stab at that projects were being funded to pre- do not have any mandatory rules in the good old Energy bill. We are going pare for war with Iraq? place for the electricity grid to make to make another attempt to pass legis- The failure to engage the Congress sure we protect consumers, that there lation that just about every newspaper confirms what many of us have said all is a reliability backstop governing ac- in America has editorialized against—a along. The administration had a hidden tions by these energy companies. bill that myself and my colleagues agenda from day one, and it shame- Why is there not? The independent have called legislation for hooters, pol- lessly capitalized on fears created by 9/ system operators and utilities have luters, and corporate looters, because 11 to advance that agenda. rules, but they are not mandatory. In those are the kinds of provisions that The Congress and the American peo- fact, the commission’s report said First were included in the Energy bill that ple deserve answers, and we deserve Energy, one of the key companies in- drowned out the more notable items them now. The administration must volved in last August’s blackout, was such as the reliability standards also tell the full truth and provide to the not complying with the voluntary buried in there. Congress and the American people a rules. Why are we going to continue to hold full accounting of all Iraq war related Well, I am sure they did not feel hostage legislation on reliability expenditures in 2002. there was much penalty in not com- standards that would protect con- I suggest the absence of a quorum. plying with these rules because they sumers across America from future The PRESIDING OFFICER. The were voluntary. So the commission’s blackouts, just to getting a big, fat en- clerk will call the roll. report is being very specific about what ergy bill for which there is never The legislative clerk proceeded to we should do. Congress needs to get enough support? My colleagues know call the roll. about our business in passing legisla- how bad that legislation is. Ms. CANTWELL. Mr. President, I ask tion to make these rules mandatory. My colleagues want to continue to unanimous consent that the order for Now I know some people think, I use the reliability standards, which all the quorum call be rescinded. have sat a night at home with candles the blackout commissions and various The PRESIDING OFFICER (Mr. or gotten the flashlight out or my fuse organizations across America have said CORNYN). Without objection, it is so box goes out and it is not so bad. Well, consumers deserve as protection, as the ordered. I tell my colleagues, last August’s train driving the energy bill. My col- Ms. CANTWELL. I ask to speak for 20 blackout was a bad situation. We had leagues are going to say, no, we are minutes on two pieces of legislation. people in New York who could not get going to keep holding reliability hos- The PRESIDING OFFICER. Without down elevators and lived many flights tage. We want to see if Congress blinks objection, it is so ordered. up in apartments. We had an increase and maybe will go ahead and pass that f of people going to emergency rooms in big energy bill. New York because they were having Well, do not come to blame this side ELECTRICITY GRID AND heart attacks or other kinds of things of the aisle when we do not get the En- RELIABILITY were happening to them physically. ergy bill and we do not have reliability Ms. CANTWELL. Mr. President, I Under the stress of trying to vacate standards, because we are trying to rise to discuss with my colleagues two many of the facilities in New York, we pass these standards, just as various bills that I believe we are being neg- had major gridlock for hours. We lost newspapers across the country are say- ligent as a body in not taking up and $4 billion to $10 billion economically as ing. In fact, I think the Detroit Free passing. I am sure many of my col- the result of the blackout, and we put Press said it best. They said ‘‘ . . . the leagues are heading to the airport feel- our senior citizens at great risk of solution lies with Congress. Nearly 8 ing like this week we accomplished a harm because they did not have access months post-blackout, it still has not lot, or maybe they feel they gave a lot to electricity on a hot summer day. passed mandatory standards. Voters of speeches. The world is obviously a So the question is, what are we going should turn on their power and demand very dangerous and threatening place to do about this and are we going to it.’’ right now, and maybe my colleagues move ahead? Well, I came to speak I think what they mean is that vot- think if we get up and we communicate about this a couple of weeks ago, be- ers should be demanding that we do our about that, we have done our job in fore we adjourned for the recess. And job. Reliability legislation could have Washington, DC. Well, the discussion is since then, I find we have now 20 dif- been brought up any day this week— good, but action is even better when it ferent newspapers across America that Tuesday, Wednesday, Thursday. I un- comes to the American people. And basically have asked, why hasn’t Con- derstand my colleagues have probably there are two critical issues—two crit- gress operated and gotten this done? now gone to catch planes and meet ical issues we have bipartisan support For example, the Miami Herald—it is other schedules, but this could be on, two critical issues both the House starting to get warm in Miami. People brought up next week. We could make and Senate have passed legislation in are realizing summer is not that far off a commitment to have it brought up. I the past to deal with and on which we and the Miami Herald stated that, do not think there is controversy over could pass legislation today—that we ‘‘Another long, hot summer is loom- this particular legislation or the origi- cannot put on the priority list to take ing.’’ These reliability bills should be nal provision as it was included in the up and take action to help the Amer- enacted and they should be enacted Energy bill. It is just being used as bait ican people. now. That is not surprising since they and being held hostage. The first one is on the electricity know what a blackout can do in the So there are other newspapers across grid and reliability. Now, some of my heat of a summer. the country that say, ‘‘a responsible colleagues may remember that the Another newspaper, the Boston energy policy would be to strip out the blackout of last August 14 led to a re- Globe, stated that ‘‘at the top of the mandatory federal [reliability] stand- port from a commission that was re- commission’s proposals is legislation ards and pass them as a stand-alone leased more than two weeks ago. When that would make mandatory the grid bill.’’ This is from the Memphis news- the blackout occurred last summer, we reliability standards that are now vol- paper. The people in Memphis, TN, are said that we were going to get to the untary. Congress should quickly pass a asking, why are you doing this? Why bottom of how it happened and what bill . . . that would do just that.’’ are you continuing not to pass good we should do about it. The No. 1 rec- There is another newspaper that legislation just so you can get bad leg- ommendation from that commission knows about this because its readers islation attached to it? When people was to make reliability standards man- were impacted by that electricity grid across America are asking, what is

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.033 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4285 going on here, we ought to come to- . . . if the lights go out again this summer, Economists are saying it will remain gether as a body and figure this out. spare the investigation. Congress is to a problem because the number of jobs I do not like to be partisan about it blame. being created is a long way away from because I would rather get it done. I I think that paper said it best. This is what we need to get America back to would rather pass it. But newspapers about us doing our job. This is about work. There are 8.4 million Americans are starting to realize that it is getting the attempt to bring up other legisla- out of work. After the job creation in partisan. The Philadelphia Inquirer tion that may or may not have the March, 8.1 million of those Americans said that Republicans were happy to agreement necessary for it to be will still be out of work. consider the bill—meaning the Energy passed, or to pass a cloture motion. Here’s what the Dayton Daily News bill—happy to consider taking up some There is support for this legislation. said: of the Energy bill’s tax incentives as There is a report that demands our at- Maybe there are brighter days ahead. But part of a corporate tax bill. That tention. There are consumers who are that’s no comfort now to the unprecedented meant we took those tax credits out of waiting for protection. We should do number of laid-off workers, who have scram- the Energy bill or were willing to con- our job. bled without success to find a job and . . . sider some energy tax credit on the I ask unanimous consent the Senate [they have] lost the little bit of help given FSC/ETI bill. So if we can do that, why now turn to Calendar No. 465, S. 2236, a under the State unemployment benefits pro- grams. can we not break out the reliability bill to enhance the reliability of the measure, why can we not take the reli- electric system, that the bill be read So now those laid-off workers are ability measure as stand-alone legisla- three times and passed, the motion to looking to us for help. They want to tion? reconsider be laid on the table, without know why they and their employers Now, the head of the North American any intervening action or debate. paid into the unemployment insurance Electric Reliability Council came and The PRESIDING OFFICER. In my system if there’s no program to help spoke before the Energy and Natural capacity as a Senator from the State of them when they need it. There is $15.4 Texas, I object. Resources Committee just before this billion in the unemployment insurance Ms. CANTWELL. How much time do report was being released. I asked him trust fund—a fund that was created for I have, Mr. President? this very question. Their job is to try economic times like these—and the The PRESIDING OFFICER. The Sen- federal government is not going to help to provide reliability of energy to 1 ator has 7 ⁄2 minutes. us through this unemployment crisis. Americans throughout this country. I Ms. CANTWELL. Mr. President, that What is really happening in this re- asked: Should we pass a stand-alone sums it up. I am going to be here every covery is that there are 1.1 million job- bill? His response was yes. Now, he was day next week that we are in session, less workers who have exhausted their interrupted by the chairman, who then asking to pass this bill and asking my benefits and are not receiving addi- said: We do not need to do that now. colleagues why, in the name of the tional support. That is the number. Well, I disagree with the chairman of American consumer and the assurance Those 1.1 million people and the people the Energy and Natural Resources of our economy that cannot afford to who are following behind them want to Committee, and I think we should con- have an unstable electricity grid with point out to this Congress that the sider moving ahead. I think that is no rules and regulations, and energy economy is not getting better at a fast what The Washington Post is saying. It companies that do not have to meet enough pace to help them put food on said it would be a shame if there is in- mandatory requirements—why we are sistence on the whole bill or nothing. the table today. not protecting these consumers. I think that drawing a comparison to That means holding reliability hos- Many of my colleagues know there is the first Bush administration is helpful tage. It means Congress would never another issue this Senator believes has because the first Bush administration get around to shoring up the elec- not gotten the attention of this body. faced a similar problem with the econ- tricity grid, and perhaps that is a Each month another set of unemploy- omy in the early 1990s. That recession shame, or perhaps shame is too mild a ment and job creation numbers come was not as deep as the one we are deal- word. out. And each month the American ing with today. In fact, during that re- Well, I know I think it is too mild a public becomes more and more con- cession we lost a total of 1.6 million word because we have been waiting vinced that we are not living up to the jobs, while in this recession we lost a since 1999 to get this legislation passed. prediction and promise of 2.6 million total of 2.6 million. But in the last re- By that, I mean we have had blackouts jobs that were supposed to be created cession, even after the economy had in various parts of America since 1996, this year. And because of that empty started to create jobs, George H.W. and every time we have had one of promise, the American people want to Bush still extended unemployment those blackouts in those regions, peo- know when this body will take up and benefits. The reason that administra- ple have come to us in Congress and pass legislation to reinstate the unem- tion passed an extension, even though said that we ought to pass some rules ployment compensation program. so we can get a mandatory reliability This program was designed for times job creation had started, was because scheme in place and so utilities have to just like these. The Federal govern- they knew that it was going to be a comply. ment has an obligation to make sure long road to get to a place where there We have had multiple blackouts this program is in place. What do you were enough jobs for Americans who since 1996. This picture shows across do during tough economic situations? wanted and needed to work. They also America where we have had blackouts You pass a Federal program to help knew that unemployment benefits are since then. You can see the huge ease the pain of those who are unem- a stimulus for the economy—the people amounts of territory in various States: ployed and cannot find work. pay their mortgage, keep their health Texas, New Mexico, Arizona, Cali- In the Economic Report of the Presi- insurance, keep food on the table, until fornia, Washington, up now to the dent, Mr. Bush’s Administration pro- the job creation engine of the private northeastern part of Ohio, Pennsyl- jected that this year we were going to sector started going again. That is vania, New York. I ask my colleagues, create 2.6 million jobs. We are nowhere what the temporary federal benefits are we going to wait until every State near that projection. In fact, last are. They are insurance until the econ- in the country has a blackout and then month was the first month we saw any omy gets going again. finally say, ‘‘Oh, I guess we get the real job growth at all. But, after just We have had this debate back and message, I guess we ought to do some- one month of decent growth some peo- forth, too, about who is to blame about thing about it?’’ ple are saying that the economy is all this issue, or what is the big holdup. I think the newspaper that said it better. But, there are many economists We have the Treasury Secretary who best was the Indianapolis Star. These who disagree. The Miami Herald ran actually came to my State and said: newspapers across America have shone this headline: We don’t really believe that 2.6 million a bright light on what has been an Jobs Report: Mixed Messages. The White job creation number. Yes, the adminis- issue that most Members would like to House gets a boost from strong job growth, tration said it, but we don’t think it is get away from and not pay attention but economists say unemployment will re- really going to happen. We don’t know to. The Indianapolis Star said it best: main a problem. what the number is going to be.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.108 S22PT1 S4286 CONGRESSIONAL RECORD — SENATE April 22, 2004 So, we have the administration say- ployment insurance benefits for dis- tos is too vitally important to let this ing they really don’t know how many placed workers, that the bill be read opportunity slip away. I know Senator jobs will be created this year. Then we three times and passed and the motion FRIST is committed as well. have had Mr. Greenspan, who most peo- to reconsider be laid on the table with- Mr. FRIST. I believe the process ple respect, come before a variety of out intervening action or debate. needs to initially focus on the major committees. He just came before the The PRESIDING OFFICER. In my issues—overall funding, claims values, Joint Economic Committee this week. capacity as a Senator from Texas, I ob- and projections. If we can make When he was asked if we should extend ject. progress on this front, I strongly be- unemployment benefits, he said: Ms. CANTWELL. Thank you, Mr. lieve we can resolve the others. I do think it’s a good idea, largely because President. Mr. DASCHLE. I agree. I think the of the size of exhaustions. How much time do I have remaining? funding and the so-called economic What he is saying is that those 1.1 The PRESIDING OFFICER. The Sen- issues are critical to finding a solution. million people who have exhausted ator’s time has expired. If we can’t get a fair funding level that their jobs are out there to demonstrate Ms. CANTWELL. Mr. President, I ask provides just compensation to victims that the economy isn’t getting better unanimous consent for another 30 sec- and certainty to businesses, then we at a fast enough pace. Therefore, we onds. won’t be able to resolve the other interlocking issues. should continue the Federal program The PRESIDING OFFICER. Without Mr. FRIST. I yield the floor and sug- until we see more job creation. objection, it is so ordered. Ms. CANTWELL. The Presiding Offi- gest the absence of a quorum. That is what I think should happen. I The PRESIDING OFFICER. The see lots of people across the country cer has been so kind to listen with in- terest to these two issues. I hope he clerk will call the roll. who are very frustrated by this. The assistant legislative clerk pro- and my other colleagues will take In fact, the Dayton News just in the ceeded to call the roll. last few weeks said: these two issues to heart. I am being Mr. HARKIN. Mr. President, I ask GOP leaders still dodging jobless. pointed in my remarks today because I unanimous consent that the order for That is not this Democratic Senator believe these are two issues this body the quorum call be rescinded. saying this. This is a newspaper in a has the responsibility to deal with. The PRESIDING OFFICER. Without State that has been as hard hit by the These are two issues we can’t get done objection, it is so ordered. and we are holding the American peo- loss of manufacturing jobs as my State f has. Ohio and Washington are among ple hostage by not addressing our basic TRIBUTE TO MARY MCGRORY the highest unemployment States. domestic economic security needs by They are saying GOP leaders are dodg- giving people jobs and the reliable se- Mr. HARKIN. Mr. President, this ing the jobless. Why are they saying curity of electricity grids. evening I want to take a few minutes I yield the floor. I suggest the ab- that? Here’s the answer of the Dayton of the time of the Senate to pay tribute sence of a quorum. paper: to and to say a public goodbye to Mary The PRESIDING OFFICER. The McGrory, a friend of long standing to What’s troubling . . . is how some Repub- clerk will call the roll. lican leaders are hoisting another ‘‘Mission me and my wife Ruth and to our daugh- Accomplished’’ banner, this one to hide the The assistant legislative clerk pro- ters Amy and Jenny. Mary passed away struggle of more than a million unemployed ceeded to call the roll. last evening here in Washington after workers who have exhausted State benefits Mr. FRIST. Mr. President, I ask having had a long illness. without finding another job. unanimous consent that the order for Mary McGrory was a wonderful, That is the Dayton paper saying that. That the quorum call be rescinded. warm, witty, and wise woman. Her is not this Senator. The PRESIDING OFFICER (Mr. death is, indeed, a passing of an era I happen to agree with the paper’s CHAMBLISS). Without objection, it is so when the written word could carry point, that we should take care of ordered. meaning, when the written word could these 1.1 million people Greenspan says f actually move people, when people are not getting help. The economists looked to a Mary McGrory to give ASBESTOS LITIGATION REFORM are saying we are not recovering fast them the kind of inspiration they need- enough; give these people the benefit. I Mr. FRIST. Mr. President, today we ed or to give them the in-depth anal- believe the Senate must act. had a vote on the motion to proceed to ysis they needed to understand what That is what Business Week said: the asbestos bill. As a followup to that was going on in Washington. Government actions will act as a bridge vote, the Democratic leader and I have Her writing had such a clarity about that will help the economy cross over this been in discussions over the course of it that once I read what Mary McGrory extended valley of almost nonexistent hir- the day. Unfortunately, we have yet to had written, I found myself many ing. work through the legislative impasse times saying: Yes, that’s how I feel. That is Business Week. on asbestos. However, there are Sen- Why didn’t I think of that? Why Why do they say that? Because they ators on both sides of the aisle who are couldn’t I have said it that way? know the best thing for us to do is pass committed to getting something done. I think of her passing as the passing the unemployment benefits and create This morning Senator DASCHLE and I of an era, like there is a time and a a bridge until we see substantial job confirmed our understanding that we place and a circumstance that happens creation. must provide an opportunity for nego- in the passing of time when certain in- I can’t think of a better source to lis- tiations which will determine whether dividuals do something, make some- ten to than Business Week, which ana- a bipartisan solution can be reached. thing, or leave an imprint in some way lyzes business trends, or Alan Green- We will oversee a mediation process to that you know will never happen again, span, the Chairman of the Federal Re- determine whether we can resolve the such as the passing of a Michelangelo, serve, when they say we ought to pass remaining differences. My hope is we a Leonardo da Vinci, a Shakespeare, a these benefits. can work through this quickly. time and a place for Shakespeare and This is about the 16th or 17th time we Mr. DASCHLE. Mr. President, while I his magnificent writings never to be have been to the floor. I know people am disappointed that we find ourselves seen again. I think of that when I say we are working on something. Peo- in this situation, I am pleased we are think of Mary McGrory because we ple say, Let’s compromise. Let us cut now going to begin the negotiations may never see her kind of writing ever the program in half. But, Alan Green- and move forward. As we have dis- again. span didn’t say cut the program in cussed, starting on Monday, we will Oh, with the advent of computers, half. The Dayton newspaper didn’t say convene meetings of interested stake- sound bites, trying to get everything cut it in half. holders utilizing Judge Edward Becker into 30 seconds or trying to make ev- UNANIMOUS CONSENT REQUEST as a mediator. I am strongly com- erything so simple that it is reduced to I ask unanimous consent that the mitted to getting the bill done and meaningless jabber, it may be that we Senate now turn to Calendar No. 470, working through the serious issues will never see her kind of writing which is S. 2250, a bill to extend unem- that still divide us. The issue of asbes- again.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.111 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4287 Mary McGrory could make words I enjoyed gardening, although I am HONORING OUR ARMED FORCES dance. She could make sentences sing not much of a gardener myself. I would SERGEANT FELIX DELGRECO sit and listen to them talk about gar- and turn paragraphs into symphonies. Mr. DODD. Mr. President, I rise to dening, or Mary would come out to the But it was not just her writing alone pay tribute to Sgt. Felix Delgreco of house and my wife would take her that endeared so many of us to Mary. the Connecticut Army National Guard, around or ask her about this flower or It was just Mary, such a unique indi- who was killed in action in Iraq on Fri- that flower. Of course, we would go to vidual. It is hard to describe some- day, April 9, at the age of 22. her place and they would go out and times. I guess moments like this when Sgt. Delgreco was the first Con- look at Mary’s flowers and what was you know you will never have her com- necticut National Guardsman to be wrong here and what should be planted pany again, you think about the pleas- killed in Iraq. His unit, the C Company, there. I always felt my job was to go ant times you spent together. 102nd Infantry, was based in Bristol Of course, I always think about down to Connecticut Avenue and pick and had been deployed in Kuwait since Mary’s annual St. Patrick’s Day bash— up something to eat and come back at March. It had been in Baghdad for less party, if you will—at her home on the appropriate time when they had than 3 days when Sgt. Delgreco was Macomb Street. I didn’t make every finished talking about gardening. killed. one. Sometimes I was in Iowa on the Much has been written and much will Felix Delgreco enlisted in the Guard weekend. It was always on the weekend be written about Mary’s background in 1999, while he was still in high before or after St. Patrick’s Day. Usu- and where she went to school and what school. Before he went overseas this ally before. But I made several of them. got her into journalism, but I think year, he had been deployed twice once They were wonderful affairs. There more should be said about the imprint on a peacekeeping effort in Bosnia in was, of course, music, a lot of singing, she left on so many people. She was not 2001, and once in 2003 to West Point for and, of course, Mary McGrory’s lasagna only a warm, wise, witty, and clever a homeland security mission. which was always kind of odd. One woman, she was an inspirational Felix Delgreco was not ordered to go would think that maybe on St. Paddy’s woman to so many people. to Iraq. No one forced him to get on a Day one would have corned beef and After you had been with Mary, or plane. He volunteered. Felix Delgreco cabbage, an Irish dish or Irish stew, after maybe reading one of her col- was an American patriot who wanted something like that, but we always had umns, you always felt better. You felt to serve his country and to help build a lasagna. Mary McGrory was very proud better about the world around you. You brighter future for the people of Iraq. of her Irish heritage, but I always felt better about things maybe you He took it upon himself to make a dif- thought she felt a bit confused. While thought were going wrong. Maybe you ference in his community and in his she was Irish to the core, she loved were mad about something the Govern- world. Italy and loved going to Italy, and she ment was doing in one administration Felix Delgreco’s friends say he was a loved having lasagna on St. Patrick’s or another. You read her column and friendly, outgoing young man who Day. you felt no matter how bad things She one time said, and I am para- were, it was going to be okay; we were could fit in anywhere. He enjoyed writ- phrasing because I don’t remember the going to get through it; right would ing poetry and playing music, and exact words: It is too bad the Irish prevail; justice would triumph and peo- worked backstage during school plays could not have been born in Italy. As I ple of good will would take over. at Simsbury High School. He was an There is an old folk song with this re- said, she was sometimes, I think, a lit- Eagle Scout who took the values of frain: Passing through, passing tle confused whether she wanted to be leadership, service, and honor seri- through, sometimes happy, sometimes more Irish or maybe more Italian, but ously. His cooking skills were well-re- blue, glad that I ran into you. Tell the she was Irish to the core. nowned, both among his fellow scouts Her St. Patrick’s Day events were people that you saw me passing and among those who served with him through. wonderful occasions. There is that in the Guard. He had dreams of one day Well, Mary, you passed through and wonderful song about when Irish eyes running for President. From time to in your passing through you inspired time, he would even plan out the de- are smiling, and something about the us; you made us think; you prodded us lilt of Irish laughter, you can hear the tails of his 2024 campaign with his to question, and always, to the end, friends. angels sing. When Mary McGrory’s gave us hope and courage that life will eyes lit up and when she laughed, she Sgt. Delgreco was an individual be better for those who come after us. whose warmth, enthusiasm, and spirit was all Irish and you really could hear So we say goodbye to Mary McGrory, angels sing. touched everyone around him. Perhaps thanks for passing through, thanks for his former scoutmaster, Richard We always had music and songs. Ev- touching each of us so profoundly as eryone had to perform at Mary’s St. Gugliemetti, put it best when he said, you did when you passed through. ‘‘Felix Delgreco made us all better peo- Patrick’s Day parties. Everyone had to I yield the floor. perform. She always had people of tal- ple.’’ f ent there to play the piano or some Felix Delgreco could have chosen musical instrument. Since I am musi- FAIRNESS IN ASBESTOS INJURY many other paths in life. But he chose cally challenged, and she knew this, I RESOLUTION (FAIR) ACT one of commitment, of duty, and of was always commissioned to sing. My Mr. CHAFEE. Mr. President, earlier service. That was the kind of person song always thereafter was Mother today I voted in favor of invoking clo- Felix Delgreco was. And we are all for- McCree. I always substituted the words ture on the motion to proceed to S. ever in his debt for the tremendous sac- ‘‘Mary McGrory’’ for ‘‘Mother McCree’’ 2290, the Fairness in Asbestos Injury rifice he made so that we can live in which delighted her to no end. Resolution Act. My vote was not an en- freedom and security. Mary McGrory was a clever woman. dorsement of S. 2290 as it was intro- I extend my deepest sympathies to She knew how to cajole, how to some- duced in the Senate. I recognize that Sgt. Delgreco’s parents, Felix and times even plead, ask, prod, and act concerns have been raised about spe- Claire, to his entire family, and to ev- terribly helpless knowing that someone cific provisions of the bill, and I would eryone who was fortunate to know would pick up her suitcase, carry her consider supporting amendments to S. him. belongings, get something for her, and 2290 if the Senate has an opportunity to TYANNA AVERY-FELDER when that happened, and you would re- fully debate this legislation. Mr. DODD. Mr. President, I rise in trieve something or carry something However, I am very concerned about memory of U.S. Army SP4 Tyanna for her, do something for Mary, when shortcomings in the current system, Avery-Felder, of Bridgeport, Con- you finished doing it, there was this and support legislating a bipartisan so- necticut, who was killed in the line of twinkle in her eye and you knew you lution that offers a fairer, more effi- duty in Iraq. She was 22 years old. had been had one more time. She was cient process for compensating asbes- Specialist Avery-Felder, who served very clever. tos victims. For this reason, I voted for as a cook with the Army’s Stryker Bri- Mary and my wife Ruth became fast cloture on S. 2290 in an effort to move gade, based in Fort Lewis, WA, died on and strong friends over gardening. the debate forward. April 6, 2004, 2 days after her convoy

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.114 S22PT1 S4288 CONGRESSIONAL RECORD — SENATE April 22, 2004 was hit by an improvised explosive de- creating a public relations firm under the 1970 Nebraska Senate campaign. In vice in Mosul, Iraq. She is the first the guise of the Environmental Protec- my first interview with him, I was woman from Connecticut to be killed tion Agency. drawn to his passion and sense of pur- in Iraq since the United States began It’s been a busy PR firm: announcing pose. Frank Morrison believed he could military operations there in March environmental rollbacks on Fridays or make the world better—and he suc- 2003. around holidays when they think the ceeded. His political career and life Tyanna Avery-Felder’s death is a so- American public is not paying atten- were about enhancing the world around bering reminder to all of us, and par- tion, assigning green names to destruc- him and solving problems. ticularly to people in my home State of tive policies, scrubbing regulatory ac- Frank’s dedication to Nebraska was, Connecticut, that the brave members tions to downplay public health risks and still is, seen and felt statewide. As of our Armed Forces who are risking to meet their political needs and flat Governor, he and his wife Maxine en- their lives for us overseas are no longer out ignoring scientific facts are just a couraged Nebraskans to take pride in simply sons, brothers, and fathers. few of their favorite marketing tools. their State. It was his vision and pride They are daughters, mothers, and sis- But for all their public relations ma- in Nebraska that eventually led to the ters, as well. neuvering, the public recognizes the completion of the Great Platte River Specialist Avery-Felder was not the enormous and long-term effect of these Road Archway spanning Interstate 80 only soldier in her family. She was policies on our environment and our outside of Kearney. He was dedicated married to U.S. Army SP4 Adrian health. This PR campaign is being led to recognizing Nebraska’s role as an Felder. The couple met while they were by the very people the administration important crossroads in the Nation’s both completing their basic training in is supposed to be policing: industry development and westward migration. Fort Lewis, and they were married on representatives often at the heart of I stayed in touch with Frank over the December 20, 2002, just a few months the most egregious environmental ne- years, but it wasn’t until I came to the before the war in Iraq began. Both of glect. The administration’s lates roll- Senate in 1997 that I communicated them knew of the commitment, risk, back has the fingerprints of lobbyists with him on a regular basis. He would and sacrifice inherent in military serv- all over it, the Bush retreat from write or call me, offering suggestions, ice. But it was Tyanna who was called strong mercury controls at coal-fired observations, and thoughts on issues of to serve overseas in Iraq. And it was power plants. the day. I last spoke with him a week she who would make the most powerful Unfortunately, the ‘‘swoosh’’ from after Maxine’s death when Frank knew sacrifice of all. the revolving door between industry he had very little time left. In our last Tyanna Avery-Felder was a graduate lobby shops and the Bush administra- conversation, he never once mentioned of Kolbe Cathedral High School in tion has now spilled over to the Fed- his battle with cancer, his pain, or his Bridgeport, where she enjoyed playing eral bench. The Bush administration impending death. Our conversations basketball and singing in the gospel recognizes that the courts have become were always about the future. I told my Senate colleague and choir. She spent 1 year at Southern the final backstop against their envi- Frank’s former colleague, Senator Connecticut State University before ronmental rollbacks, blocking Bush at- FRITZ HOLLINGS (D-SC), that Frank did enlisting in the Army. She was deter- tempts to gut the Clean Air Act, Clean not have much time left. Frank and mined to be a teacher for young chil- Water Act and protection of our na- FRITZ were Governors together during dren when she finished her military tional monuments. the 1960s. I gave FRITZ Frank’s phone service. The courts have ruled against Bush number and he called him. They had a Tyanna was a driven, goal-oriented arguments to weaken the National En- wonderful 45 minute conversation as young woman whose mind was hard to vironmental Policy Act and the Endan- they said their last goodbyes. change once she made it up. And she gered Species Act 80 percent of the Frank Morrison was a remarkable was the kind of soldier who inspired time. The Bush solution, give anti-en- man for many reasons. The ultimate her drill instructor at boot camp to vironmental, unqualified industry lob- compliment that can be paid to any of compliment her on her toughness. But byists lifetime judicial appointments. us at the end of our lives fits him Specialist Avery-Felder also had a kind The debate over William Myers, a well—he left the world better than he heart, and a loving relationship with former cattle and mining industry lob- found it. her parents and her husband. byist, may be one of the most impor- Frank’s unyielding commitment to All of us in Connecticut and across tant environmental debates we have his family, State, and country is a America owe a deep and solemn debt of this year. Unlike the Bush industry ap- model for all Nebraskans. He was a gratitude to Tyanna Avery-Felder and pointees to Federal agencies, Mr. dedicated public servant who inspired to her family for her service to our Myers’ effect on environment and pub- others through his personal conduct country. On behalf of the U.S. Senate, lic lands would survive long past this and respect for others. All of Nebraska I offer my deepest condolences to Presidency. As I have said many times, thanks Governor Frank and Maxine Tyanna’s husband Adrian, to her par- the environment is not a partisan issue Morrison for their contributions to our ents, Ray and Ilene, and to everyone but this administration has made it State and humanity. who knew and loved her. clear that industry interests trump the Mr. HOLLINGS. Mr. President, this f public interest. week the citizens of Nebraska lost a legend with the passing of Governor BUSH ADMINISTRATION’S f Frank Morrison, and I rise to recognize ENVIRONMENTAL ROLLBACKS GOVERNOR FRANK B. MORRISON my plain-spoken friend of 45 years. Mr. LEAHY. Mr. President, today is Mr. HAGEL. Mr. President, Gov. When I was Governor of South Caro- supposed to be a day to mark the im- Frank Morrison was quoted in the De- lina, Frank became Governor of Ne- portance of protecting the environ- cember 5, 1975 Lincoln Evening Jour- braska, and I have admired him ever ment. And thankfully, many people nal: since. We spoke earlier this spring, and are. But though we are all marking the As long as Frank Morrison’s alive, I’ll his mind was as sharp at age 98, as it day, the only people celebrating are in- never retire, even though I’m flat on my was at age 58. dustry CEOs and lobbyists. back. There are too many problems in this When I think of Frank I think of a The Bush administration’s laser-like world which need attention. man who knew how to get results. He focus on rolling back our environ- Much has already been said about the was a progressive Governor, but also a mental and public health protections is late Gov. Frank B. Morrison and his re- fiscally conservative one. He imple- breathtaking, literally. The rollbacks markable life. However, I would like to mented many changes, insofar as cre- are dirtying our air and destroying the add a couple of thoughts from the per- ating an educational television net- health of the planet. spective of a Nebraskan, a U.S. Sen- work and a statewide employee retire- Instead of packing the agencies re- ator, and a Republican. ment system that modernized state sponsible for the environment with en- The first time I had the opportunity government. vironmental stewards as you would ex- to meet Frank Morrison, I was a young We will miss him, as we miss his wife pect, the administration has focused on radio station reporter in Omaha during Maxine, who just passed away last

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.117 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4289 month. My wife, Peatsy, joins me in one’s standards. But the measure of his to melt which will, in turn, reduce the extending our deepest sympathy to accomplishments is longer still. west coast’s water supply. their family. Just a little over a month ago, According to the Santa Cruz sci- Mr. NELSON of Nebraska. Mr. Presi- Frank’s beloved wife Maxine passed entists’ models, melting sea ice will dent, I rise today to honor a great Ne- away. The loss of these two Nebraska create columns of warmer air that braskan, a statesman, and a friend— legends had signaled, perhaps, the end change air flow in the atmosphere and former Governor Frank Morrison. of an era. They have left a void that deflect storms and needed precipitation On Monday, Frank Morrison passed will be very difficult to fill, but they away from Western U.S. lands. away in McCook, NE. have also left a legacy and a love of Ne- Forecasts indicate that Arctic Sea For a boy growing up in McCook, braska and his country that will likely ice may shrink by up to 50 percent in Frank Morrison was more than a gov- outlive us all. summer months by the year 2050. This ernor to me, he was a role model. The I conclude with some words from the could have truly devastating con- Morrisons were friends of my family McCook Daily Gazette, the daily paper sequences for our Nation’s water sup- and I still remember delivering my from the hometown Frank and I share: plies. first May Basket to Jeanne Morrison ‘‘Frank had a grand vision, but he Under the UC-Santa Cruz research- at the age of five. Maxine Morrison was was also a down home person who loved ers’ models, in 2050, the West Coast, my kindergarten teacher and Frank his family, his adopted hometown, the from southern British Columbia to was my mentor in my early years in people of Nebraska and this nation and southern California, could receive 30 Nebraska politics. this world. percent less rain than it does now. I would often talk to him about the ‘‘We will miss you, Frank. But we are And this is not just a problem for issues of the day and he was always very, very glad you lived such an abun- California. The research models show candid and fair in his advice. We didn’t dant life. Thank you for living with that the melting ice could decrease always agree, but Frank never let poli- purpose and passion. We will try, as precipitation as far inland as the tics become personal. He had big best we can, to follow your example.’’ Rocky Mountains. The water infrastructure in the West, dreams and big goals, but they were al- f ways practical and they became pos- particularly in California, is already sible through his dedication. He CELEBRATING EARTH DAY 2004 stretched to the limit this year. Even worked with folks on both sides and he Mrs. FEINSTEIN. Mr. President, now we are struggling to provide got a lot done because he understood since the first Earth Day on April 22, enough water for our communities, that rhetoric and partisan passions 1970, we have celebrated this day as an farms, forests, fish, and wildlife. What were less important than making annual occasion on which to examine would we do with 30 percent less pre- progress. He was a democrat and he our Nation’s environmental policies. cipitation? The Santa Cruz study is not the only loved the Democratic Party. But he Sadly, there is little to celebrate in one forecasting reduced water supplies loved Nebraska more. Nebraska was al- terms of environmental protection this in the West. In fact, many global and ways, ALWAYS, first in his mind. year and much to worry about. Althought not a native Nebraskan, Just last week, we learned that 474 regional statistical models agree that he loved this state as much as anyone counties throughout our Nation failed the West will see reduced snowpack as and, in every sense of the word, was a to meet air quality standards set by a result of rising temperatures. Under those models, California and statesman. He was as synonymous with the Environmental Protection Agency. the West will receive more winter rain Nebraska as the Sandhills, the Pan- A total of 159 million people—more and less snow meaning two things for handle, the Platte, and the Huskers. than half the Nation’s population—live Western States—increased flooding in All Nebraskans owe Frank Morrison a in these communities. the winter and water shortages in the debt of gratitude for the leadership and In my home State of California near- ly 90 percent of State residents live in summer. partnerships he offered us over the We are not talking about minor ef- areas with unhealthy levels of smog. years. fects. Just last year, we had an illustration That means that 90 percent of Califor- In February of this year, scientists at for the kind of regard in which Frank nians are at increased risk of asthma, the Pacific Northwest National Lab- was held. Last September, the Chan- reduced lung function and chronic lung oratory forecasted reductions in cellor of the University of Kearney, diseases. snowpack of up to 70 percent in the Dough Christenson, presented Frank What is also alarming is that eight coastal mountains over the next 50 with an honorary degree. The degree national parks, four of which are in years as a direct result of warming recognized Frank’s more than seven California, contain excessively high temperatures. decades of public service and his tire- levels of ozone. In the West, our water infrastructure less advocacy for Nebraska. Frank said Can you believe that the air in Yo- is based on the gradual melting of that it was the greatest day of his life, semite, Sequoia, Kings Canyon, and snowpack throughout the spring and except the day his wife Maxine said Joshua Tree National Parks is harmful summer. A 70-percent decline in ‘‘yes’’. Truly a well-deserved honor for to your health? snowpack would be catastrophic. a beloved Nebraska statesman. And then there is the gravest threat The evidence is also mounting that I would be leaving something out if I to our environment and ultimately, climate change threatens not only our didn’t also talk about Frank’s sense of our health—global warming. Climate water supplies, but also global bio- humor. His wit was legendary in Ne- change is the most important environ- diversity. braska and it was undiminished even in mental issue facing us today. A report published in the January his final days. I remember, just after I would like to take a minute now to edition of the British journal Nature one of my first elections—a very close talk about a likely impact of climate estimates that 25 percent of Earth’s primary race, I spoke with Frank and change that has not received very plant and animal species will be wiped he told me about one of his first races. much attention—its effect on our out in the next 50 years if global tem- He had been nominated to the local water supplies. peratures continue to rise as expected. school board by both parties. And he The evidence is growing that climate This means that more than 1 million said he lost to a write-in candidate. change threatens water supplies of the estimated 5 million land species But losing an election didn’t bother throughout the western United could face extinction within our chil- Frank. He was dedicated to public serv- States—and especially on the West dren’s and grandchildren’s lifetimes. ice and to promoting Nebraska. Coast. It is time to take global warming se- He brought pride to our State and he Just recently, researchers at the Uni- riously and reduce our greenhouse gas was a tireless advocate of the natural versity of California at Santa Cruz ana- emissions. The consequences of delay- wonders of a State that he had not lyzed the impact of global warming on ing and deferring decisions are severe. been born in, but that he called home. Arctic Sea ice. As a country with only 4 percent of Frank was 98 years old when he What they found was that higher the world’s population, but which pro- passed and that is a long life by any- temperatures will cause Arctic Sea ice duces 25 percent of carbon dioxide

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.120 S22PT1 S4290 CONGRESSIONAL RECORD — SENATE April 22, 2004 emissions, the United States has a re- from it all. Since youth is again the icy’s Social Entrepreneurship Award. sponsibility to act. great loser, perhaps the only hope of He also has been featured in an array And yet, there are many steps we can saving the environment and putting of publications including People, Time, take—steps which are broadly sup- quality back into life may well depend Reader’s Digest, Outside, Smithsonian, ported—that will help protect the envi- on our being able to tap the energy, and Biography magazine, which in- ronment. idealism, and drive of the oncoming cluded Chad in its ‘‘Top Ten Future For example, we should continue to generation.’’ Classics in America’’ issue. Several promote the production and use of hy- Senator Nelson’s reflections and the networks have highlighted Chad’s work brid cars. A few simple steps such as fact that today is Earth Day provide an including CNN, the National Geo- opening up carpool lanes and municipal opportunity to offer a special salute to graphic Channel, MTV, and PBS. parking spaces to hybrid cars will en- the initiatives of a remarkable young In tandem with the clean-up drives, courage motorists to buy these envi- native son of Illinois. Less than 3 miles Chad’s organization last year hosted 15 ronmentally friendly automobiles. away in the District of Columbia, with- free, Big River Education Workshops Congress should also act to bring cor- in the shadow of this Capitol, hundreds from St. Louis, Missouri, to Davenport, porate average fuel economy standards of local volunteers led by a dynamic Iowa, aboard a floating barge class- of light-duty trucks and SUVs in line crew of young Illinoisans have spent room. The workshops drew 295 teachers with the requirements for cars. the last 3 weeks tackling the tons of and river advocates, who then shared This one action alone could save a trash along the shores of the Anacostia the knowledge and experience with the million barrels of oil a day and prevent and Potomac Rivers—soda cans and thousands of students whose lives they about 200 million tons of carbon diox- bottles, snack bags, styrofoam, and touch. ide from entering the atmosphere each just about anything else you can imag- Although Chad and his crew will be year. ine. returning to the Midwest soon, they We also know that investments to This Capital River Relief Project is will leave behind not only cleaner local improve the environment like these spearheaded by Chad Pregracke, an in- river shorelines, but a bevy of fans in- pay off. dustrious and impressive young man spired by the realization that one per- A study released by the President’s from East Moline, IL, who founded Liv- son’s vision, combined with muscle and Office of Management and Budget last ing Lands and Waters, a non-profit or- resolve, can make a real difference. I fall found that the social and health ganization to support his Mississippi applaud Chad Pregracke and his team benefits of enforcing strong clean-air River Beautification and Restoration of Lisa Hoffman, Erick Louck, Tammy regulations were five to seven times Project to collect and recycle debris. Becker, Chris Fenderson, and Kim greater than the costs of adhering to Over the past seven years, Chad’s work Erndt. the rules. has expanded from the Mississippi Not only on Earth Day, but every The study estimated that, during the River to include clean-up projects on day, I hope what they have set in mo- 10-year period from October 1992 to the Illinois, Ohio, Missouri, and cur- tion for restoration of the historic wa- September 2002, between $120 billion rently the Anacostia and Potomac Riv- terways in our Nation’s capital will be and $193 billion were saved in reduced ers. What began as a ‘‘one man and his contagious. hospital stays, emergency room visits, dog with one boat’’ clean-up effort has We owe it to our children and our premature deaths and lost workdays as grown to an eight-state, 56-community children’s children to restore and pre- a result of improved air quality. project with thousands of volunteers serve all of the priceless waterways Just as we have asked so many na- and an estimated 900 tons of trash re- throughout our country, which sustain tions around the world to assist us in moved from the waters and banks of the lives of many fish, birds, and other the war on terror and in securing and several major American rivers. species, provide abundant recreational rebuilding Iraq, so, too, should we help Doug Siglin, Director of the Chesa- opportunities, and help support not those nations who want our assistance peake Bay Foundation’s Anacostia only our economy but our precious in addressing global environmental River Initiative, has partnered with earth, 70 percent of which is covered in problems. Chad in the local effort. Numerous cor- water, the building block of life. On this 35th Earth Day we are re- porate backers, led by Koch Industries, Mr. FEINGOLD. Mr. President, Wis- minded here in the Congress of the im- have provided financial support for the consin has inspired some of the great- portance of protecting the planet for project. est conservationists this Nation has future generations. Many organizations host annual river ever known. Wisconsinites have had a It is my hope that we will step up and clean-up projects along both the Poto- powerful influence on the environ- meet this responsibility. mac and Anacostia Rivers. However, mental movement. I now hold the Sen- Mr. DURBIN. Mr. President, today this year’s clean-up effort is different. ate seat held by Gaylord Nelson, the marks the 34th anniversary of the des- For the first time, a 140-foot barge is founder of Earth Day, and a man for ignation of April 22 as Earth Day. It is being moved up and down both the Po- whom I have the greatest admiration fitting to contemplate the words of tomac and Anacostia Rivers, cleaning and respect. I am pleased that Wis- former Senator Gaylord Nelson of Wis- 30 miles of riverbanks. The barge consin can lay claim to the genesis of consin, who, in 1970, was instrumental serves as a temporary repository for all Earth Day, a day of national and inter- in launching this now annual event. the garbage and materials collected national remembrance of the impor- Thanks to his determination, what from the rivers. tance of our natural resources and a began as a nationwide ‘‘teach-in’’ on As of April 19, Chad, his crew, and clean environment. I know that the college campuses and in American volunteers have loaded the barge with people of Wisconsin, living in such a communities to catalyze growing pub- 2,800 bags filled with trash, along with beautiful and ecologically diverse lic awareness of ensuring a livable 746 tires, 25 55-gallon barrels, 12 shop- State, feel a special connection to our world, has become a traditional day de- ping carts, 7 refrigerators, 6 messages natural resources and share a long tra- voted to raising public consciousness in bottles, 3 water heaters, and 1 man- dition of our State government achiev- about our environmental stewardship nequin hand gathered from the banks ing excellence in its conservation poli- responsibilities. and water. When the project concludes cies. Senator Nelson observed that ‘‘(t)he this weekend, all recyclable items will I want to take this opportunity to real loser in man’s greedy drive is the be taken to recycling facilities. Any- congratulate Gaylord Nelson, a former youth of this country and the world. thing remaining will be taken to con- member of this body and a distin- Because of the stupidity of their elders, ventional landfills. guished former Governor of the State the children of today face an ugly Chad has received numerous awards of Wisconsin, and a recipient of the world in the near future, with dan- for his efforts, including an honorary Presidential Medal of Freedom, for gerous and deadly polluted air and doctorate degree from St. Ambrose changing the consciousness of a nation. water; overcrowded development; fes- University in Davenport, Iowa, the Jef- He is the living embodiment of the tering mounds of debris; and an insuffi- ferson Award for Public Service, and principle that one person can literally cient amount of open space to get away the Manhattan Institute of Public Pol- change the world.

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.122 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4291 During his 18 years of service in the Senate in 1971 by a vote of 86 to 0. served by community water systems Senate, Gaylord Nelson brought about When President Nixon vetoed it, the that met all health-based standards. significant change for the ‘‘greener’’ in Senate overrode his veto, 52 to 12. The This number is up from 79 percent in both our Nation’s law and the institu- Endangered Species Act, which is 1993. tion of the Senate itself. He is the co- under such attack right now, was Others areas of the environment can author of the Environmental Edu- passed by the Senate on a 92 to 0 vote also be improved. I have introduced cation Act, which he sponsored with in 1973. legislation to clean up old abandoned the senior Senator from Massachu- Unfortunately, during the course of mine sites. While we have done a good setts, Mr. KENNEDY, and the Wild and this congressional session we have job in addressing this problem, we can Scenic Rivers Act, and he sponsored faced numerous proposals to roll back do better. I have a very simple solution the amendment to give the St. Croix the environmental and health and safe- to deal with this problem that will and the Namekagon Rivers scenic pro- ty protections upon which Americans make our communities safer. tection. In the wake of Rachel Carson’s depend. From clean water to clean air, The United States is holding $1 bil- book ‘‘Silent Spring,’’ Gaylord Nelson, the list of environmental rollbacks is lion of money due States and tribes to along with Senator Philip Hart of stunning and disturbing. We need to clean up abandoned sites, and deal with Michigan, directed national attention work together to protect the environ- problems associated with coal mining to the documented persistent bio- ment, not revert to the times when we activities. The money has already been accumulative effects of organochlorine saw the Cuyahoga River catch fire, collected and allocated, but not yet ap- pesticides used in the Great Lakes by when at least one of the Great Lakes propriated. There is no justification for authoring the ban on DDT in 1972. He was considered ‘‘ecologically dead,’’ Congress to continue to hold this was the primary sponsor of the Apostle and when dumping of toxic wastes into money. States are pleading for help to Islands National Lakeshore Act, pro- rivers was standard operating proce- fix abandoned mine problems that will tecting one of northern Wisconsin’s dure. make communities safer and healthier most beautiful areas. In the upcoming months, I hope that for their citizens. It is unfortunate And Senator NELSON, of course, was Wisconsinites and citizens across their pleas are being disregarded. the founder of Earth Day. Thanks to America use this Earth Day to collect This is a specific issue where we can him, here we are, 34 years later, taking their thoughts and voice their opinions make a huge dent in the problem time out of our lives to think about about pending Federal legislation and today, right now. I ask Members to lis- conservation. Earth Day is an event its impact on the environment. Wiscon- ten to the pleas of communities and which in addition to changing the envi- sinites value a clean environment, not immediately appropriate the $1 billion ronmental consciousness of the coun- just for purely aesthetic or philo- due States and tribes. If my colleagues try literally stopped the Senate. Mem- sophical purposes, but because a clean care about the environment and want bers of both bodies voted to adjourn environment ensures that Wisconsin to clean up these cities, join me and we their respective Houses in the middle and the United States as a whole re- will get that money released. of the legislative week to attend Earth mains a good place to raise a family, Let’s show the American public that Day events, an adjournment that start a business, and buy a home. It is statements made in support of the en- would be extremely rare today. Here in important on this Earth Day 2004 that vironment are not political rhetoric this body, the CONGRESSIONAL RECORD we keep the need for strong environ- and truly reflect the positions and feel- indicates, at 3:31 pm. on Tuesday, April mental laws in mind. Let’s continue to ings of Members. We can get this done 20, 1970, our colleague the senior Sen- move forward, not roll back. today, and I ask each of you my col- ator from West Virginia, Mr. BYRD, ad- Mr. THOMAS. Mr. President, I am leagues to join me in making this hap- journed the Senate until Friday, April pleased to share my views about the pen on Earth Day 2004. 23, 1970. In the other body, Chamber ac- environment on Earth Day. I know There is no doubt that environmental tion was adjourned from the middle of many Members in this body support ef- progress is continuing. The facts are the day on April 21, 1970, the actual forts to clean up our environment. unequivocal: Today the Nation’s envi- date of the first Earth Day, through Earth Day 2004 is the ideal time to ronment is cleaner and healthier than April 23 of that year. recognize just how much our environ- it was 3 years ago. We are getting re- In addition to Gaylord Nelson, the ment has improved. Over the last 3 sults more quickly and more substan- list of Wisconsin environmentalists in- years, the focus has been on results— tially by reforming outmoded, com- cludes Sierra Club founder John Muir, making our air, water, and land clean- mand-and-control mandates that whose birthday is the day before Earth er. To get to that point and to keep im- hinder environmental progress. We Day. Also notable is the writer and proving in the future, we need to em- have been able to accomplish this with conservationist Aldo Leopold, whose ploy the best science and data avail- innovative, market-based approaches Sand County Almanac helped to galva- able for decision-making. Our policies that harness the power of technology nize the environmental movement. Fi- should encourage innovation and the to achieve maximum environmental nally, Wisconsin also produced Sigurd development of new, cleaner tech- benefits. Olson, one of the founders of the Wil- nologies. derness Society. We should continue to build on f Conservation is part of our culture in America’s ethic of stewardship and per- TRIBUTE TO THE LATE SENATOR Wisconsin, and the people Wisconsin sonal responsibility through education, THOMAS WARD OSBORN are very environmentally savvy. Every volunteer opportunities, and in our year I hold a town hall meeting in each daily lives. Opportunities for environ- Mr. GRASSLEY. Mr. President, one of Wisconsin’s 72 counties, and pro- mental improvements are not limited today I would like to speak of a man tecting the environment is a top issue. to Federal Government actions. States, who was instrumental in the comple- Earth Day has become an important tribes, local communities, and individ- tion of the Washington Monument, a part of who we are. From Milwaukee, uals must be included. former Senator from Florida, Thomas WI, to Mumbai, India, millions of peo- Over the last 30 years, our Nation has Ward Osborn. The cornerstone of the ple across the world are taking Senator made great progress in providing for a Washington Monument was laid July 4, Nelson’s legacy to heart. They are vol- better environment and improving pub- 1848, but the monument itself was not unteering this weekend to conserve the lic health. In that time, our economy completed and opened to the public environment—whether it is in their grew 164 percent, population grew 39 until October 9, 1888. The construction backyard, local river, or park. percent, and our energy consumption of the memorial was stopped in 1856 I hope that on this Earth Day 2004, increased 42 percent. Yet air pollution due to the Civil War, a lack of funding, the Congress will re-dedicate itself to from the six major pollutants de- and political difficulties within the achieving the bipartisan consensus on creased by 48 percent. In 2002, State Washington Monument Society. protecting the environment that ex- data reported to EPA showed that ap- Senator Thomas Ward Osborn was in- isted for nearly two decades. The Clean proximately 251 million people, or 94 strumental in passing the legislation Water Act, for example, passed the U.S. percent of the total population, were required to complete the monument

VerDate mar 24 2004 01:28 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.124 S22PT1 S4292 CONGRESSIONAL RECORD — SENATE April 22, 2004 after the Civil War. Many were reluc- will advance the day when the world ‘‘Sometime later, Turkish gendarmes tant to finish funding the project be- will no longer witness such horrors. came over and grabbed all the boys cause of technical issues related to the Over one million Armenians perished from 5 to 10 years old. I was about 7 or construction and the perception among as part of a deliberate campaign of 8. They grabbed me too,’’ Sam some that it was a waste of money. S. murder in the waning days of the Otto- Kadorian said. ‘‘They threw us all into 245, a bill to secure the completion of man Empire. Armenians, given that a pile on the sandy beach and started the Washington and Lincoln Monu- they were neither Turks nor Muslims, jabbing us with their swords and bayo- ments, was introduced on the Senate were treated as threats, even though nets. I must’ve been in the center be- floor by the Honorable Thomas Ward the Armenians had been exemplary cause only one sword got me . . . Osborn on April 1, 1869. Through Sen- citizens and had lived together peace- nipped my cheek . . . here, my cheek. ator Osborn’s efforts, this legislation ably with their Turkish neighbors for But, I couldn’t cry. I was covered with was enacted and construction of the centuries. April 24th is the date chosen blood from the other bodies on top of Washington Monument quickly re- to commemorate this genocide, since it me, but I couldn’t cry. If had, I would sumed. The design of the monument was on that day in 1915 that govern- not be here today.’’ was altered to remove much of the em- ment leaders rounded up 300 Armenian I believe the highest tribute we can bellishment in the original design and leaders, writers, thinkers and profes- pay to the victims of a genocide is by the result was the 555 foot obelisk that sionals for their deportation and for acknowledging the horrors they faced is so recognizable today as the symbol many, their deaths. While the pre- and reaffirming our commitment to of an exceptional man and an excep- eminent members of the Constantino- fight against such heinous acts in the tional Nation. ple’s Armenian community were being future. Senator Thomas Ward Osborn was rounded up on that day, 5,000 others In commemorating the tragedy of the motivated out of a sense of patriotism were slaughtered in their homes and on genocide today, I would also like to and a desire to create a permanent re- the streets. recognize the fact that yesterday Can- minder for posterity of the character of Many Western, democratic nations ada’s House of Commons, took the cou- George Washington. It is important for became aware of the ruthless targeting rageous step of officially recognizing citizens to retain a link to their coun- of the Armenian population yet did not that the events initiated on April 24, try’s origins in order to fully engage in act to stop it. In May 1915, Great Brit- 1915, were in fact a genocide and crime civic life in the present. To understand ain, France, and Russia advised the against humanity. It is my hope that the exceptional nature of Washington’s Turkish leaders that they would be all people of goodwill will join in call- character is to understand the excep- held personally responsible for this ing this tragedy by its correct name— tional nature of the United States as a crime against humanity. Later that a genocide. I hope that our colleagues Nation. year, Henry Morgenthau, the American will join me in commemorating this I believe that Senator Thomas Ward Ambassador to the Ottoman Empire, tragedy and vowing to honor and re- Osborn deserves recognition for his cabled the State Department saying, member the innocent victims of the vital efforts in seeing to the comple- ‘‘Deportation of and excesses against Armenian genocide. tion of the Washington Monument. In peaceful Armenians is increasing and Mr. REED. Mr. President, I rise fact, I have written to the Department from harrowing reports of eye wit- today with my colleagues, my fellow of the Interior urging that some form nesses it appears that a campaign of Rhode Islanders, and our Armenian of recognition, such as a plaque, be pro- race extermination is in progress under American community to observe the vided to remind visitors of Senator a pretext of reprisal against rebellion.’’ 89th anniversary of the Armenian Osborn’s efforts. It is my under- His successor, Abram Elkus, wrote in Genocide. standing that the regional director for 1816 that, ‘‘. . . unchecked policy of ex- At this time, it is fitting that we re- the Park Service National Capitol Re- termination through starvation, ex- flect on this tragic event in order to gion has since directed the chief of Vis- haustion, and brutality of treatment ensure that future generations remem- itor Services to research Senator hardly surpassed even in Turkish his- ber and learn from the pain and suf- Osborn’s efforts and share that infor- tory.’’ fering of those who came before us. mation with the park rangers whose In addition to the government The Armenian Genocide was a dem- job it is to help interpret the monu- records decrying the events in the onstration of evil. From its genesis on ment for visitors. The late Senator Ottoman Empire, historians have been April 24, 1915, through the end of 1923, Thomas Ward Osborn played a key role able to record the memories of the vic- nearly one and a half million Arme- in seeing that George Washington re- tims. It is important to share these nians were killed and over a half a mil- ceived the recognition he deserves, and stories, to ensure that the subsequent lion survivors exiled. now it is my hope that Senator Osborn generations can truly understand the All the while, the United States Gov- will receive the recognition he de- appalling conditions under which their ernment, too busy trying to defeat the serves. ancestors both perished and survived. Austro-German alliance and attempt- f The Genocide Project, an effort by the ing to stay out of a war in Europe, ig- San Francisco Bay Area Armenian Na- nored these atrocities. The United 89TH ANNIVERSARY OF THE tional Committee, has done a remark- States Ambassador to Turkey, Henry ARMENIAN GENOCIDE able job of compiling oral and visual Morgenthau, Sr., attempted to bring Mr. LEVIN. Mr. President, this year I documentation from some of the sur- the tragic string of events to a climax, once again come before the Senate to vivors. pleading with both President Wilson pay tribute to those who lost their Edward Racoubian told the project and Secretary of State Robert Lansing lives or were forced from their home- how when, ‘‘We reached the Euphrates to get involved. Former President land as a result of the horrific genocide River and despite the hundreds of bod- Theodore Roosevelt, frustrated by a perpetrated against the Armenian peo- ies floating in it, we drank from it like lack of response from his own govern- ple from 1915 through 1923. During there was no tomorrow. We quenched ment, petitioned President Wilson on those years, the Turkish Ottoman gov- our thirst for the first time since our 24 November 1915, saying ‘‘Until we put ernment used the outbreak of World departure. . . . Of a caravan of nearly honor and duty first, and are willing to War I as a pretext for subjecting its 10,000 people, there were now only some risk something in order to achieve citizens of Armenian descent to depor- 300 of us left. My aunt, my sisters, my righteousness both for ourselves and tation, abduction, torture, massacre, brothers had all died or disappeared. for others, we shall accomplish noth- and starvation. The land on which Only my mother and I were left. We de- ing; and we shall earn and deserve the some of the Armenians had lived for cided to hide and take refuge with contempt of the strong nations of man- generations was expropriated from some Arab nomads. My mother died kind.’’ them. It is imperative for the Amer- there under their tents. They did not Unfortunately, the Armenian geno- ican people and for people around the treat me well—they kept me hungry cide was only the first of several 20th world to commemorate this tragedy, and beat me often and they branded me century tragedies—the Nazi extermi- with the hope that by remembrance we as their own.’’ nation of the Jews and others during

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.125 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4293 the Second World War; Pol Pot and the pressure to urge OPEC to increase pro- I would also like to tell you about Khmer Rouge’s slaughter of nearly two duction. The actions of this cartel have another courageous family in my million Cambodians in the mid-1970s; real consequences for Americans. And State, the Berryhills, who became fos- the Hutu massacre of the Tutsis in in an already shaky economy, high oil ter parents to an infant that was fi- Rwanda in the summer of 1993; and, at and gas prices can put working families nally diagnosed with severe combined the same time, the Serbian annihila- over the financial edge. immune deficiency, SCID, or bubble tion of Bosnian Muslims in Bosnia f boy syndrome. Their son, who they from 1993 to 1995. want to adopt, would have died if Zina LOCAL LAW ENFORCEMENT ACT Thus, as we reflect on this atrocity, and Ray Berryhill did not persist in OF 2003 let us call for our own country to rec- finding out why he was dying before ognize the Armenian Genocide, just as Mr. SMITH. Mr. President, I rise their eyes. Their son was finally diag- my own State of Rhode Island has today to speak about the need for hate nosed with SCID, and the cure for him done, and as the parliaments of Bel- crimes legislation. On May 1, 2003, Sen- is a bone marrow transplant. Unfortu- gium, Canada, Cypress, France, Greece, ator KENNEDY and I introduced the nately, they have not been able to find Italy, Lebanon, Russia, and Sweden Local Law Enforcement Enhancement a match, due to the shortage of African have done over the past 6 years. Let us Act, a bill that would add new cat- Americans on the Marrow Donor List. also pledge never to ignore atrocities egories to current hate crimes law, Zina Berryhill continues to hold bone by those who claim the legitimacy of sending a signal that violence of any marrow drives, and keeps her son iso- government. We must never ignore and kind is unacceptable in our society. lated, except for his frequent trips to A lesbian couple was assaulted by a we will never forget. the hospital for his IGIV infusions. The group of men and women outside a Berryhill family has also become ac- f Scottsdale, AZ, bar on April 4, 2004. tive volunteers for the Immune Defi- IN SUPPORT OF S. RES. 330 The assailants called the couple derog- ciency Foundation. atory names and beat one of the Mr. FEINGOLD. Mr. President, I rise Despite the recent progress in PIDD women and ripped the other woman’s to express my support for S. Res. 330, research, the average length of time dress and then took photographs of her which expresses the sense of the Senate between the onset of symptoms in a pa- that the President should commu- exposed breasts. I believe that government’s first duty tient and a definitive diagnosis of nicate to the members of the Organiza- PIDD is 9.2 years. In the interim, those tion of Petroleum Exporting Countries, is to defend its citizens, to defend them against the harms that come out of afflicted may suffer repeated and seri- OPEC, cartel and non-OPEC countries ous infections and possibly irreversible the position of the United States in hate. The Local Law Enforcement En- hancement Act is a symbol that can damage to internal organs. That is why favor of increasing world crude oil sup- become substance. I believe that by it is critical that we raise awareness plies so as to achieve stable crude oil passing this legislation and changing about these illnesses within the gen- prices. eral public and the health care commu- I am proud to again be a cosponsor of current law, we can change hearts and minds as well. nity. this resolution. In the 106th Congress, I I commend the Immune Deficiency f was a cosponsor of a virtually identical Foundation for its leadership in this resolution along with, among others, NATIONAL PRIMARY IMMUNE DE- area and I am proud to join them in the current Secretary of the Depart- FICIENCY DISEASES AWARENESS recognizing the week of April 19 as Na- ment of Energy. Unfortunately, the WEEK tional Primary Immune Deficiency need to stand up to OPEC is even more Mr. DURBIN. Mr. President, I rise Diseases Awareness Week. I encourage pressing today than it was two Con- today to ask my colleagues to join me my colleagues to work with us to help gresses ago. in recognizing the week of April 19 as improve the quality of life for PIDD pa- Ensuring access to and stable prices National Primary Immune Deficiency tients and their families. for imported crude oil for the United Diseases Awareness Week. Primary im- States and major allies and trading mune deficiency diseases, PIDD, are f partners of the United States is vital genetic disorders in which part of the to United States foreign and economic body’s immune system is missing or policy. Regrettably, the 2004 OPEC pro- FIVE-YEAR ANNIVERSARY OF does not function properly. The World COLUMBINE duction cuts have resulted in out- Health Organization recognizes more rageous increases in oil prices. The than 150 primary immune diseases Mr. LEVIN. Mr. President, this week eleven countries that make up OPEC which affect as many as 50,000 people in marks the 5-year anniversary of the produce 40 percent of the world’s crude the United States. Fortunately, 70 per- tragic shooting of 12 students and one oil and control three-quarters of prov- cent of PIDD patients are able to main- teacher at Columbine High School in en reserves, including much of the tain their health through regular infu- Littleton, CO. The very mention of Col- spare production capacity. When OPEC sions of a plasma product known as umbine High School strikes a nerve instituted its production cut in Feb- intravenuous immunoglobulin, IGIV. with the American public. It reminds ruary 2004, it reduced production by IGIV helps bolster the immune system us of that horrendous scene of terrified 2,000,000 barrels per day. From Feb- and provides critical protection against children running from their assailants ruary to March 2004, crude oil prices infection and disease. as SWAT teams descended on their have gone from $28 per barrel and now I am familiar with primary immune school. exceed $38 per barrel. deficiencies because of a family in my Earlier this week, students, parents High gasoline prices are inextricably State, the Jones family, whose daugh- and residents of Littleton gathered at linked to high crude oil prices. And ter, Emma, was born with common Columbine High School to remember these high oil and gas prices hurt variable immune deficiency, CVID, and those who died and renew their com- Americans across the Nation and from hypogammaglobulinenimea. Emma has mitment to address school violence. all walks of life. Farmers, teachers and no immune system and relies on IGIV The anniversary brought back painful small business owners are among those infusions every month to keep her memories. Michael Shoels, the father getting hit hard by these skyrocketing alive. Emma, 9 years old, is a patient of student Isaiah Shoels, who was costs. For gasoline, the increases in at Duke University Medical Center, killed in the shooting, told the Associ- crude oil prices have resulted in a pass- and is hoping to be a candidate for a ated Press, ‘‘It’s most definitely some- through of cost increases at the pump stem cell transplant. Emma’s mother, thing I think about every day but, you to an average national price of $1.80 per Jill, also has CVID and receives IGIV know, we can’t wallow in victimhood. gallon. These are the highest gas prices infusions. The Jones family has become Under the circumstances, we need to we have seen in 13 years. active volunteers for the Immune Defi- get out there and do something about We cannot allow this foreign oil car- ciency Foundation, to help other fami- it.’’ tel to wreak havoc on our economy. lies facing PIDD in my home State of In response to this massacre, many The President should use diplomatic Illinois. schools have implemented security

VerDate mar 24 2004 03:39 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.127 S22PT1 S4294 CONGRESSIONAL RECORD — SENATE April 22, 2004 measures such as posting in-school po- the areas of research, education, and leadership of the region to focus on the lice officers, installing security cam- advocacy. It has courageously battled challenges which face the economy and eras and metal detectors, and devel- tobacco companies for the past 40 the people of the Mississippi delta. oping emergency response programs. years, though its position was not al- Ad president of Delta Council and a But a recent report from the National ways a popular one. Furthermore, the farm leader, Dan has been a strong pro- School Safety and Security Services, a Lung Association, concerned about en- ponent of maintaining the agricultural firm specializing in school security and vironmental factors such as air pollu- policies which were adopted in the 2002 school safety for K–12 schools, found an tion, was a leader in passing the 1970s Farm Law. As a representative voice of increase in school-related violent Clean Air Act. farmers from the Delta region which deaths in the 2003–2004 school year. Ac- Our Nation is a better place and our produces more than $3 billion of agri- cording to the report, there have been families are healthier because of the cultural goods annually, Dan’s advice 43 violent deaths nationwide this work of the American Lung Associa- on matters affecting agriculture has school year, more than the previous 2 tion. I am proud to congratulate the been invaluable to me and my staff as years combined and more than any association, and I ask my colleagues to we attempt to address those issues school year prior to Columbine. In ad- join me in formally acknowledging which will ensure the future viability dition, there have been more than 60 their fine work. of American agriculture. non-fatal shootings this year and more f Dan has been a strong proponent of than 160 other incidents of high-profile Delta Council’s programs in education violence, such as stabbings and riots. ADDITIONAL STATEMENTS and health care. During Dan’s year as This is simply not acceptable. president, the teacher shortage pro- Despite continued school violence, TRIBUTE TO THE CITY OF grams which evolved from earlier Delta the President has not led on this issue ASHLAND, KY Council policies have expanded in a and Congress has also failed to enact way that is having a meaningful im- sensible gun safety laws that could ∑ Mr. BUNNING. Mr. President, today I pact on the problem of attracting help to turn the tide. In fact, President would like to take the opportunity to school teachers to rural areas. Bush’s budget proposes eliminating congratulate the leaders in Ashland, I am pleased that I have had the op- funding for the COPS school resource KY who contributed to the downtown portunity to work with Dan and Delta officer program. We have yet to close revitalization of the city. Ashland was Council to make certain that special the gun show loophole, despite bipar- one of 31 cities in Kentucky that re- health care needs in areas such as the tisan support in the Senate. And, while ceived national recognition for its ef- Mississippi Delta, where there is a the President has said he supports re- forts in historic preservation on Tues- large underserved population, have authorizing the assault weapons ban day, April 20, 2004. been enhanced. Through Delta Coun- and a bipartisan majority in the Sen- First Lady Laura Bush presented the cil’s efforts to establish the Delta ate is on the record supporting reau- Preserve America recognition award to Health Alliance, a new Federal and thorization there are no plans to con- Ashland Mayor, Steve Gilmore, and local partnership is now producing ex- sider this important legislation before Main Street Board President, Larry traordinary outcomes. In the area of it expires on September 13 of this year. Jones. The initiative recognizes com- transportation and water resource im- America’s schools need our help and munities that protect and celebrate provement, Dan has coordinated the these are simple, commonsense steps their heritage, use their historic assets activities of Delta Council in a manner we can take to improve school safety. I for economic development and commu- which has brought local consensus to urge my colleagues to close the gun nity revitalization and encourage peo- very touch issues facing the Delta’s show loophole, keep the ban on assault ple to experience and appreciate his- economic future. Dan has been a leader weapons, and restore funding for COPS toric resources through education and in all aspects of Delta Council’s work school resource officers. As the end of tourism programs. while maintaining a successful family another school year approaches, the Of the 65 ‘‘Preserve America’’ U.S. farming operation. push to enact sensible gun safety legis- communities that the First Lady Dan has also been a leader in his lation must continue. Laura Bush has designated, 31 are in community. He currently serves as Kentucky. In President Bush’s pro- f president of Burdette Gin Company and posed budget for fiscal year 2005, he in- is a director of Leland Compress. He is 100TH ANNIVERSARY OF THE cluded $10 million for Preserve Amer- also a delegate and has served as a di- AMERICAN LUNG ASSOCIATION ica communities. Ashland will be eligi- rector of the National Cotton Council. Mr. DURBIN. Mr. President, I am ble to compete for some of the money Dan serves on the Black Bayou Drain- pleased to rise today recognizing the Congress appropriates. age Commission and is a former mem- 100th anniversary of the American The large number of Kentucky com- ber of the Advisory Board for the Mis- Lung Association. munities honored by the First Lady sissippi Department of Agriculture and For a century, the American Lung shows how important preservation is in Commerce. Association has been addressing some Kentucky, and I commend these com- I congratulate Dan Branton for his of the Nation’s most pressing health munities for their hard work and dedi- contributions to the Delta region, the issues. In 1904, a dedicated and hard- cation to the various projects. I join all State of Mississippi, and the Nation. I working group of physicians, nurses, Kentuckians in congratulating Mayor look forward to his future contribu- and volunteers came together with the Gilmore and the city of Ashland on tions in improving the quality of life goal of eradicating tuberculosis. The their beautiful downtown revitaliza- for our citizens.∑ ∑ result was one of the Nation’s oldest tion. f community-based, voluntary health or- f ganizations, and its fight against tu- IN TRIBUTE TO JOHN PALMS berculosis has produced amazing re- RECOGNITION OF DANIEL T. ∑ Mr. HOLLINGS. Mr. President, John sults throughout the 20th century. BRANTON Palms, the former president of the Uni- When the American Lung Associa- ∑ Mr. COCHRAN. Mr. President, I am versity of South Carolina, will be hon- tion realized there was a new and dan- pleased to commend Daniel T. Branton ored this week with Mepkin Abbey’s gerous problem facing the Nation—that of Leland, MS, for his distinguished newly established Wisdom Award. of chronic lung disease—it began to service as president of Delta Council All of us in the Senate would be a lit- shift focus away from TB and toward this year. tle wiser ourselves to read the fol- healthy lungs. Soon, the Lung Associa- Delta Council is an economic devel- lowing article from the April 10 tion had one of the most extensive pro- opment organization representing the Charleston Post and Courier, on Dr. grams for fighting lung disease in the 18 Delta and part-Delta counties of Palms. He is an inspiration to all that Nation. Northwest Mississippi. Organized in the American dream is alive and well. Using a multi-faceted approach, the 1935, Delta Council has worked to bring I ask that the article be printed in the American Lung Association works in together the agriculture and business RECORD.

VerDate mar 24 2004 03:41 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.130 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4295 The article follows. The taste of American culture so prevalent ‘‘Emory kept track of me and offered me to [From the Charleston Post and Courier, Apr. in postwar Hollard fueled the family’s desire come back as a professor. We struggled with 10, 2004] to return to the United States. In 1951, they that. I had the opportunity to go to Stan- came back and settled in Clearwater, Fla. ford, but Southern ladies have to come back JOHN PALMS—NUCLEAR PHYSICIST LEADS THE Palms graduated from Clearwater High to the South, so we did. We had a 23-year ca- WAY IN SCIENCE, EDUCATION, RELIGION AND School with no plans for the future. reer at Emory.’’ THE WORLD STAGE ‘‘I decided to do nothing. I was over-Ameri- Palms worked his way through the ranks (By Judy Watts) canized by all the American movies where from associate professor to vice president for ‘‘Learning humanizes character and does people raised themselves up by their boot- academic affairs more than two decades not permit it to be cruel’’ is the University straps. I never got the message that you later, when he took a sabbatical. During the of South Carolina motto. needed an education. I thought I would find break, he received numerous calls from other The words also epitomize John Palms’ phi- some opportunity by being ingenious and universities that wanted him to come on losophy, not only as the former USC presi- creative.’’ board as president. Georgia State was his dent, but as a physicist and a human being. His parents had not gone to college, yet his choice. Although his formal training is in nuclear father had been a successful entrepreneur, a But he had barely settled in there when he physics, his life events have given him an salesman who had bought one sewing ma- got a call from a head hunter that the prob- educated perspective on physics’ ambiguous chine, then another and another, and ended lem-ridden University of South Carolina nature, both in the weapons he designed and up with his own factory. Palms tried his luck wanted Palms as President. The decision to in the research, which had medical applica- first as a painter’s helper, then as a plumber move was not easy and came only after a tions. As president of two universities, he and first mate on a boat. family weekend of soul-searching and discus- His nonplan didn’t work out. When he and fulfilled his destiny as an educator who be- sion. lieved in building not only well-educated some friends heard about the great-paying They arrived in Columbia on the Ides of people, but also people of character. automobile factory jobs in Detroit, they March 1991. The first couple of years in Co- On April 24, Palms will be presented with made the trip. A day after they arrived, lumbia were rough. Mepkin Abbey’s newly established Wisdom there was a strike. ‘‘All the qualities that are important at a ‘‘That was a real semester of realizations Award, given for a lifetime of achievement university had been violated. And that af- for me.’’ based on the highest human aspirations. fects hiring and tenure. The president is ex- Back in Clearwater, he ran into a friend Since his years as a cadet at The Citadel, who made a suggestion. It was a suggestion pected to be the role model. The faculty is, Mepkin Abbey has been a personal touch- that set his life on a remarkable course. also. People don’t understand the life of a stone, a place where he has been able to ‘‘My buddy said I could go to St. Peters- university president. There is a moral au- focus and center his life. burg Junior College for $50. So, I borrowed thority,’’ says Palms. John Palms has come a long way from the $50 from my father.’’ He wanted to return the university to its little dutch boy who fled a Hitler-terrorized Palms enrolled. He wanted to find out if he core: learning and the search for truth. Europe with his family. was capable of college work. Although he Within three years, USC’s reputation was MAKING OF THE MAN could read English, he read slowly. He pulled restored and the school was in a position to launch a major campaign. He and Norma It was 1939 and Hitler had invaded Poland. a C in English and did well in math and traveled all over the country, cultivating John Palms was 4 years old and sandbags chemistry. Another suggestion from this and nurturing people who might contribute. were being piled on the front lawn in antici- brother was that he attend a military acad- They also developed a professional staff for pation of war. Palms; father, deciding it was emy. Palms wrote to West Point and got a financial development. Their goal was to dangerous for the family to remain, con- letter back saying he couldn’t apply because raise $200 million. When he stepped down cocted a story that they needed to travel to he was not an American citizen. His citizen- after 11 years, the couple had raised more South America to buy wool for his under- ship was still two years away. than $500 million for the school. wear factory that supplied the Dutch mili- His older brother had heard about The During his tenure at USC, the SAT scores tary. Citadel. of incoming freshmen rose 150 points, hun- ‘‘The North Sea had been mined and there ‘‘If I graduated as a distinguished cadet, I dreds of thousands in research grants were were severe restrictions about visas,’’ says would get a regular commission and could gained, and standards for hiring and tenure Palms. become a pilot. The Citadel had just ap- The family took a train to Italy and from pointed a new president, Gen. Mark Clark, were raised in all 52 departments. there a boat headed for South America. En whom my dad thought was the most wonder- PHYSICS route, a submarine stopped the boat and ful American. I applied to The Citadel and, Physics was the platform on which Palms someone was taken off, says Palms. sight unseen, I got in. Absolutely amazing; built his career. ‘‘I remember commotion and crying. My they must have been short of students that ‘‘All my life I have struggled with the father has 8-mm film of the submarine.’’ year. place of modern physics in society and the For seven months the family lived in Rio ‘‘It was 1954. Dad drove me up to No. 2 bar- morality of nuclear deterrence. Should we be de Janeiro until they could obtain visas to racks and saw those bars on the windows and using nuclear weapons to deter war?’’ continue on to New York, where they arrived in his Dutch accent said, ‘‘Zyahn’—he Palms has been chairman of IDA—the In- in February 1940. They waited out the war couldn’t say the J—‘you don’t have to go stitute for Defense Analysis—for five years there. here if you don’t want to.’ I told him it was and a member for 14 years. When Palms was 11, the family returned to exactly what I wanted; that I needed the dis- ‘‘IDA was set up right after WWII to bring Holland to get restitution for the family’s cipline and the structure. I signed up for Air university talents into issues of national se- damaged textile factory and haberdashery. Force ROTC.’’ curity,’’ says Palms. ‘‘It started with the ‘‘We didn’t want to go back because we The plan was to get his business degree, presidents of Harvard and MIT and a board of were already Americanized.’’ gain his commission and become an Air military people and former congressmen.’’ Once in Holland, he and his siblings were Force pilot. He managed C’s in English and The group conducts independent analysis faced with an academic hardship. history, but again excelled in math, science for the Secretary of Defense and for Con- ‘‘We spoke Dutch in our house in New and German. He followed his strength and gress. York, so when we went back I could speak switched his major to physics. There were ‘‘It (defense) can be so political, but this is Dutch but could not read a word of it. five students in the program. As planned, he really independent analysis. We do every- ‘‘I was home-schooled for awhile and then graduated as a distinguished ROTC cadet. thing from evaluating and testing weapons ‘‘But I failed the eye exam, so I couldn’t be tutored by the Jesuits.’’ systems to designing and forecasting.’’ At 14, he passed the comprehensive exam a pilot. The head of the physics department The issue of fighter planes and mobile- to get into St. Aloysius College at The and the ROTC called me in and said they force transformations from a Cold War world Hague. would give me a commission anyway and to present-day needs is now being studied. ‘‘I wasn’t an outstanding student. I was ex- send me to graduate school for one year. I ‘‘More coordination and use of equipment cited about being in a different country. chose Emory because they were on the quar- among the services is becoming an integral There was lots of talk about the war when ter system and I could finish my master’s in part of what we are doing now and in the fu- we returned to Holland.’’ a year there.’’ ture,’’ says Palms. ‘‘We are heavily involved Palms heard firsthand stories of Buchen- ACADEMIA in homeland security right now, and we are wald from his uncle who had been arrested Two days after graduating from Emory, he also heavily involved in Iraq—the whole op- for helping Jews escape from the Nazis. was married to Norma Cannon (‘‘the most eration. We are mainly sitting there looking ‘‘His own neighbor told on him and he was wonderful person I ever imagined finding’’), at what needs to be done and standing ready taken to Buchenwald. There was such fear and the next few years were filled with com- to do these studies.’’ that even if you knew about something and pleting his master’s, teaching physics at the IDA also works on advanced computer sys- didn’t report it, you were at risk. But he sur- Air Force Academy, getting out of the Air tems and mathematics for cryptology. vived. Every time I see a German movie, I Force and completing his Ph.D. ‘‘You have the very best minds in the have to watch it, and I read anything I can He went to Los Alamos Scientific Labora- world to do this. Every two years, we take 20 find on the concentration camps and Buchen- tory in New Mexico, where he did his dis- of the very best Ph.D.s in universities and wald.’’ sertation and designed nuclear weapons. orient them to this work.’’

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.044 S22PT1 S4296 CONGRESSIONAL RECORD — SENATE April 22, 2004 After two years of site visits and orienta- children on their birthdays and for holidays. iel Gartenberg, Scott Goldschmidt, tion, new members are assigned to a com- We couldn’t do that before. We especially David Goldstein, Kristen Hamaoui, mittee. look forward to getting everyone together Marc Mondry, Jason Noah, Eric Palms became involved in IDA, in part, be- for family reunions here at the house.’’ Nowicki, Nicholas Parais, Greg Parnas, cause he had developed systems at Los Ala- The couple are very involved at their Jessica Rebarber, Joa Roux, Blake mos, and IDA needed somebody who knew church, St. Thomas More, and served as hon- about weapons. He also brought a firsthand orary chairs for the church’s recent 50th-an- Segal, Jody Shaw, Andrew Silver, Jef- perspective to what happened in Europe dur- niversary celebration. frey Smith, Daniel Temkin, Abraham ing World War II. He says he is always Mepkin Abbey also is part of their spir- Tran, Arin Tuerk, and Haiwei Wang.∑ watchful for the signs of a similar situation itual life. In fact, Palms sees a link between f emerging. the abbey and finding Norma. ‘‘When I was at Los Alamos (1963–66), I ‘‘When I was 21, I was ready to make a seri- HONORING THE LIFE OF JUDGE worked on weapons design and fundamental ous commitment to someone and went to GENE E. BROOKS physics research, which could have been used Mepkin Abbey and prayed about that. I was ∑ Mr. BAYH. Mr. President, today I for weapons development, or input to medi- trying to find out if I was doing the right wish to pay tribute to the life of a dis- cine, the environment, ecology or thera- thing with my life. Two weeks later I met tinguished public servant and a true peutic medicine. So, even though funded by Norma.’’ friend, Judge Gene E. Brooks, who the Department of Defense, the results are Today, the couple go to the abbey to- there for the world to use the way it wants gether, then they take different paths and passed away Monday, April 19, 2004. His to. Just because the research is used in nu- read alone in the gardens. long life was filled with conscientious clear weapons, you shouldn’t stop doing it ‘‘We contemplate our lives and come back service and unwavering dedication to because it is also used in all these other together and get rededicated again. We think our State and Nation. The contribu- areas. a lot of the brothers. Their spirituality has tions he made to American jurispru- ‘‘There is the issue of a two-edged sword. been important in our lives,’’ says Norma. dence, combined with the many lives As a scientist, you have the obligation to Palms says he is honored to receive the he touched along the way, leave behind make the public aware and anticipate how Wisdom Award from Mepkin Abbey. a positive legacy that will not soon be the information should be used, whether it is ‘‘I have a lot more years to live, and there forgotten. proper to use it one way or another.’’ are many people who have done a lot more Such discussions of religion and science for the state for a lot longer than I have. Judge Brooks began his career in were a familiar topic that he and the late This is a wonderful honor from them.’’ public service by honorably serving our Cardinal Joseph Bernardin often considered. Chairman of the award committee, Dr. country with the United States Ma- ‘‘He wrote a commission report on the mo- Theodore Stern, says Palms was chosen be- rines during the Korean War. He earned rality of nuclear deterrence (Time, Nov. 29, cause of his abilities as a team leader. his undergraduate degree from the In- 1982, issue; titled ‘‘God and the Bomb’’). You ‘‘He’s very dedicated and has made a tre- diana State Teachers College and went can justify only so much deterrence. If there mendous contribution to the academics of on to study law at the Indiana Univer- had been no Russia and we had been the only South Carolina. He is an outstanding indi- sity School of Law. Judge Brooks prac- nuclear power, we would have to be very vidual and leader and has worked on so many ticed law as a prosecuting attorney and careful. We are living in that kind of age education and government commissions,’’ now. You can’t overuse your power. It must says Stern, ‘‘and his wife, Norma, also has in private practice in Posey County, always be used in response to the threat. been a leader.’’ IN, from 1960 to 1968. He was then ap- Where’s the other threat?’’ Norma headed up the abbey’s capital cam- pointed to serve as the first full-time Palms first met Cardinal Bernardin while a paign. bankruptcy judge for the Southern Dis- cadet at The Citadel. His wife knew ‘‘My whole heart was in that. I still hold trict of Indiana, where he worked until Bernardin as her teacher at Bishop England them as No. 1 on my priority list,’’ she says. 1979, when President Jimmy Carter ap- High School. Palms credits Norma’s outgoing person- pointed Judge Brooks as a United ‘‘He baptized our children. It’s a funny ality with softening his technocratic ten- States District Court Judge. His nomi- world.’’ dencies. nation was forwarded to President Palms is currently involved with neutrino ‘‘I’m made up of everyone I’ve ever met research through USC and a consortium of 13 and known, but Norma is the biggest influ- Carter by my father, Senator Birch universities. ence and the most important person in my Bayh. Judge Brooks went on to become ‘‘Neutrino is one of the subatomic par- life,’’ says Palms.∑ the Chief Judge of the Southern Dis- ticles. People have been trying to find if it trict in 1987. has mass or not. It might explain the miss- f The positive imprints Gene made ing dark matter in the universe. My role is HONORING EAST BRUNSWICK HIGH upon the United States legal landscape that I built one of the first detectors. Those SCHOOL’S SUCCESS IN ‘‘WE THE came not only through his many judi- detectors have evolved. I’m trying to make a PEOPLE’’ PROGRAM cial rulings, but also through his active contribution and also helping to find funding role as advisor to the United States for this. It will cost about $40 million to $50 ∑ Mr. LAUTENBERG. Mr. President, Congress, as well as his membership million.’’ more than 1,200 students from across He also continues to teach physics classes and leadership as former president of the United States will descend upon the National Conference of Bankruptcy at USC, including a lab course in which the Washington, DC, from May 1–3, 2004, to class will conduct four Nobel prize-winning Judges. In addition to his professional experiments. compete in the national finals of the service, Judge Brooks was an active Although he didn’t continue in the Air ‘‘We the People: The Citizen and the member of many community organiza- Force, he is content that he is doing his part Constitution’’ program. This program, tions, including the Indiana Legal Aid through IDA. funded by the U.S. Department of Edu- Society, the Kiwanis Club, Toast- ‘‘This is almost better. This is my con- cation, instructs our youth about the tribution to the country and to national se- masters, the Indiana State Museum U.S. Constitution and the importance Foundation, and the Evansville Petro- curity, and I’m happy to be able to serve my of civic participation by providing country.’’ leum Club. He was a Kentucky Colonel schools with textbooks that offer both THE HOME FRONT and a 32nd Degree Mason. historical information and critical- Judge Brooks is survived by his wife, Norma Palms describes her husband of 45 thinking activities. Jan Darlene (Gibson) Brooks; his three years as a great husband and father with a I am proud to announce that students wonderful sense of humor. sons, Gene E. ‘‘Geno’’ Brooks Jr., Marc ‘‘Everyone wants him full time, yet he from East Brunswick High School in E. Brooks, Gregory A. Brooks; his never wants to take the credit for any- East Brunswick, NJ, have won my daughter, Stephanie Jobe; his sister, thing,’’ she says. home State’s competition and will rep- Joyce Brochman; and his three grand- Today, the couple divide their time be- resent New Jersey in our Nation’s cap- children. tween Columbia and their home in Wild ital next weekend. I wish the following Judge Brooks was a man who walked Dunes. His retirement from USC has allowed students, and their teacher Alan with kings, but never lost the common more time for their grown children, Lee, Brodman, the best of luck in the future touch. The citizens of the State of Indi- John and Danielle, and nine grandchildren. and congratulate them on their hard ana and the United States of America Norma says they have looked forward to this time as a couple. work and inspiring civic advocacy: were well served by the life led by the ‘‘The time to be with our children and Kian Barry, Patrick Bell, Kathleen Honorable Judge Brooks. Gene was a grandchildren has been very special,’’ she Cammidge, Jessica Castles, Jennifer dedicated family man and public serv- says. ‘‘We can take off and go see the grand- Chen, Ryan Citron, Jenna Elson, Dan- ant. He touched many lives over the

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.047 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4297 course of his career and will be remem- great Oklahoman, COL (Ret) Aaron I are proud to call him a friend and ap- bered as a loving husband, father, and ‘‘Burley’’ Burleson. Currently, he is the preciate his dedicated service to our an incredible leader. director of Military Development of great country. His positive contribu- It is my sad duty to enter the name the Altus Chamber of Commerce, tions to countless friends, all Oklaho- of Gene E. Brooks in the official Altus, OK. He has served the State of mans, and the U.S. Air Force are great- RECORD of the U.S. Senate. May God be Oklahoma and the United States for ly appreciated.∑ with all who mourn his passing, as I many years. know He is with Gene.∑ Mr. Burleson was born in Lawton, f f OK, and graduated from Lawton High TRIBUTE TO MICHAEL SCHOPP School. While attending Cameron Col- ∑ WILLIAM SHAKESPEARE lege in Lawton, he was mobilized for Mr. TALENT. Mr. President, I rise ∑ Mr. SMITH. Mr. President, I rise active duty with the 45th Infantry Di- today in the Senate to honor 15 year- today to recognize the 440th anniver- vision in 1940. After completing pilot old Michael Schopp, from Creve Coeur, sary of the birth of William Shake- training in 1944 at Pampa Army Air- MO. In a ceremony honoring his speare in Stratford-upon-Avon. Shake- field, TX, Burley Burleson received his achievement on May 2, 2004, Mr. speare’s name is undoubtedly the most commission as a second lieutenant. Schopp will receive the Eagle Scout recognized in English literature. Every Over the next 30 years he would serve Award, which is the highest advance- one of us has spent time exploring the his country around the globe. ment rank a young man may earn in Elizabethan society and language He served as special air missions offi- scouting. through Shakespeare’s dramas, poems, cer in the Office of the Vice Chief of To earn his Eagle Award, Mr. Schopp and sonnets. I remember with great en- Staff, U.S. Air Force, the Pentagon. designed, planned and supervised the thusiasm the times I read Shakespeare During this assignment, Burley worked construction and landscaping of a or watched one of his plays. Who directly with the White House, the Of- planter and two dugout benches for the among us does not have their favorite fice of the Secretary of State, the Sen- Ballwin Athletic Association baseball line from one of Shakespeare’s many ate and the House of Representatives. fields where he played ball for several works? Mine, which all of us in this His main assignment was to provide years. chamber should pause to consider from airlift for both United States and for- Mr. Schopp began his scouting expe- time to time, comes from ‘‘Hamlet eign dignitaries. rience as a Cub Scout in elementary Prince of Denmark’’: ‘‘This above all: In 1970, he transferred to Altus Air school and has been a member of Troop to thine own self be true, and it must Force Base, OK, where he served as 631, sponsored by St. Mark Pres- follow, as the night the day, thou canst Vice Commander of the 443rd Military byterian Church in Ballwin, MO, since not then be false to any man.’’ Airlift Wing and later as base com- March 2000. Mr. Schopp’s dedication to His plays abound with all of the mander in 1973. the values of scouting and his leader- human emotions: love, jealousy, ha- Retiring as a colonel from the Air ship ability are demonstrated in his tred, joy, envy, and are filled with the Force in 1974, he immediately became many scouting activities over the eternal themes of loyalty, betrayal, the executive director of the ‘‘Com- years: he has served his boy scout troop friendship, and revenge. He wrote of mittee of 100,’’ a special part of the as Patrol Leader and Assistant Patrol family strife, of the best laid plans Altus Chamber of Commerce. The main Leader, and is currently one of the gone awry, of tender love and bitter purpose of the committee was to leaders of his troop as a member of the feuds. His themes transcend culture, strengthen and promote economic de- Executive Patrol and as Assistant Sen- nationality, and ethnicity. They are velopment of Altus and Jackson Coun- ior Patrol Leader. Mr. Schopp partici- universal; and to this day are repeated ty, OK. After serving as the head of the pated in the Junior Leader Training time and time again throughout the organization from 1975 to 1984, Burley Camp and also attended three Boy world. From the American retelling of became the community’s liaison be- Scout High Adventure Camps: North- ‘‘Romeo and Juliet’’ in ‘‘West Side tween the men and women of Altus and ern Tier in Ely, MN; Sea Base in Flor- Story’’ to the Japanese adaptation of the personnel assigned to Altus Air ida; and OKPIK Winter Camp in North- ‘‘King Lear’’ in ‘‘Ran,’’ Shakespeare’s Force Base. ern Minnesota. cultural influence is virtually limit- Burley’s leadership brought about The rank of Eagle Scout has always less. Was William Shakespeare a vi- tremendous support for Altus AFB. carried with it a special significance sionary? Or was he simply a keen ob- Working with Air Force personnel and since it was first awarded in 1912 and server, chronicling human relation- congressional Members, he was able to its rigorous standards have been main- ships that have essentially remained help secure needed funding and re- tained over the years. That rigor is unchanged in the four centuries since sources for the base. Some examples in- demonstrated in the fact that only 4 he lived? clude new housing, runway easements, percent of young men across America We, in Oregon, are very fortunate to a parallel assault runway, a corrosion who join the boy scouts earn this pres- have the renowned Oregon Shakespeare control facility and a drop zone. In tigious award. Mr. Schopp will be in Festival which has been presenting its 1982, a tornado struck Altus AFB and good company as there are leaders in namesake’s works, as well as other caused severe damage. Under Burley’s every walk of life who have endeavored classic and contemporary plays, for leadership, critical funding was ob- to earn this coveted award. Indeed, nearly 40 years. Some 380,000 people— tained to repair the damages. These many Eagle Scouts have gone on in life Oregonians and audiences from various projects helped Altus Air Force Base to excel in professional athletics, busi- parts of the country and the world— become rated as the best base in the ness, space exploration, entertainment, visit Ashland each year to attend these Air Force a few years ago. scientific discovery and public service repertory performances. From the very Burley has received numerous awards in government. President Gerald Ford first productions of ‘‘The Merchant of and citations through the years for his is an Eagle Scout as well as two of my Venice’’ and ‘‘Twelfth Night’’ to this many achievements. Recently, Air distinguished colleagues in this cham- year’s ‘‘The Comedy of Errors,’’ ‘‘King Education Training Command singled ber, Senator JEFF SESSIONS of Alabama Lear,’’ ‘‘Henry VI,’’ and ‘‘Much Ado Burley out for one of four, first time, and Senator RICHARD LUGAR of Indiana. About Nothing,’’ the Oregon Shake- ‘‘Pioneer Awards’’ to commemorate The people of Creve Coeur, MO are speare Festival has brought Shake- the 50th anniversary of the U.S. Air fortunate to have Mr. Schopp living speare’s magic and great wit to life.∑ Force. He was also heavily involved and growing in their community. I con- f with the Air Force Association, at the gratulate Mr. Schopp for his success in national and the State levels, as well earning his Eagle Scout Award. But TRIBUTE TO COLONEL AARON as numerous civic and charitable orga- also, I congratulate all of his peers, ‘‘BURLEY’’ BURLESON nizations in Altus. members of his troop, coaches, teach- ∑ Mr. NICKLES. Mr. President, on be- Burley Burleson, unfortunately, suf- ers, and parents for all the support and half of Senator INHOFE and myself, I fered a stroke in November of 2002 and encouragement they have given that wish to honor and pay respect to a is currently recovering. JIM INHOFE and has helped Mr. Schopp reach his goals.

VerDate mar 24 2004 03:41 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.132 S22PT1 S4298 CONGRESSIONAL RECORD — SENATE April 22, 2004 I know that all of my colleagues in tremendous sacrifices during Marc’s yon National Recreation. Through her the Senate will join me in offering con- time in the military. Together, they accomplishments she has set a high bar gratulations to Mr. Schopp on a job have spent 11 years overseas, relocated for all those to follow in her path, and well done and to extend best wishes for eleven times, and even spent 2 years the visitors to these national parks all of his future endeavors.∑ apart during two 2-year separations. will benefit from her efforts for years f I would like to honor Lt. Col. Marc to come. I greatly value the assistance Sukolsky and Ellen Sukolsky for their Laura provided to me and my staff. I HONORING LT. COL. MARC selfless service and sacrifice for their extend my personal congratulations SUKOLSKY country. It is especially appropriate and thanks for her many years of hard ∑ Mr. CRAPO. Mr. President, I rise to during this time of conflict to recog- work and dedication to the principal honor Lt. Col. Marc Sukolsky, a long nize a couple who have done so much conservation mission of the National time Idaho resident, upon his retire- for the freedom and stability of their Park Service and join with her friends ment from 24 years of service in the country and the world. I wish both of and coworkers in wishing her, her hus- U.S. Air Force. Mark has served his them the best as they approach this band Stuart Meehan, and her daughters country well, in peacetime and in war. new chapter of life together.∑ Lindsay and Elizabeth, well with this Idaho is proud to be represented by f new assignment and relocation.∑ such a dedicated soldier. f Marc Sukolsky received his master’s LAURA JOSS degree in music pedagogy and then ∑ Mr. SARBANES. Mr. President, I pay IN HONOR OF BRIGADIER taught at Idaho State University. After tribute today to Laura Joss, super- GENERAL RICHARD L. URSONE 4 years of teaching, Marc began his ex- intendent of Fort McHenry National ∑ Mr. DODD. Mr. President, I rise to tensive military leadership career in Monument and Historic Shrine and pay tribute to an outstanding Amer- logistics in the Ninth Air Force and Hampton National Historic Site, NHS. ican soldier, BG Richard L. Ursone. 363rd Fighter Wing. Exhibiting strong Laura has recently been appointed su- General Ursone, a native of Stamford, leadership early in his career, Marc perintendent of Arches National Park CT, is retiring June 30, 2004 after 33 was chosen as a senior logistics and re- in southern Utah and I wish her and years of distinguished service in the source inspector to develop future mili- her family the best of luck with this United States Army Medical Service tary base locations in Southwest Asia. new assignment and thank her for the Corps. In this position his inherent abilities outstanding job she did in managing General Ursone played a critical role as a negotiator and diplomat became and enhancing Fort McHenry and in shaping and successfully executing well known. As his expertise grew, so Hampton NHS since coming to Mary- the mission of the United States Army did his influence. Mark’s advice was so- land in 2000. Medical Department. When brave men licited by the most senior officials in- Over the past 4 years, I have had the and women across our country commit cluding the Joint Chiefs of Staff. opportunity and privilege to work to serving our country in the Armed In 1993, while stationed at the U.S. closely with Laura Joss in efforts to Forces, our country also makes a com- Embassy in the Netherlands, Marc protect and restore the historical re- mitment to them. And part of that played an important role in organizing sources of Fort McHenry and Hampton commitment is to provide them with logistical agreements between the U.S. NHS and to develop a Star Spangled world-class medical care, both on and and the Netherlands. This involved or- Banner National Historic Trail to help off the field of battle. Throughout his ganizing troop and equipment move- educate our citizens about a pivotal, career, General Ursone has made in- ment both within the Netherlands and but sadly neglected period in our Na- valuable contributions to the health throughout Europe. As a military rep- tion’s history. In every instance, Laura and well-being of soldiers in the United resentative for the U.S. Secretary of proved herself to be a skillful and high- States Army. Over the past three dec- State, Marc was also able to negotiate ly effective leader. Under her direction, ades, General Ursone has served in a with foreign officials for permanent Fort McHenry’s seawalls and many his- series of demanding assignments troop positions in Europe. toric structures have been restored, around the globe and in leadership po- In the mid 1990’s, he was called to as- plans have been advanced to develop a sitions of increasing responsibility. sist NATO Allied Forces during the cri- new visitors center to accommodate Of particular note was General sis in the Balkans. He drafted and im- the increasing number of visitors to Ursone’s service in combat during Op- plemented strategies for all logistical the fort, many preservation projects erations Desert Shield and Desert arrangements between the U.S. and Al- have been undertaken at Hampton and Storm. From 1990 to 1991, General lied forces. In addition, he provided a new general management plan for Ursone, then a Lieutenant Colonel, guidance and training for those nations this historic site has been completed. served as commander of the 47th Med- seeking NATO membership. Laura and her dedicated staff have fre- ical Logistics Battalion. He success- His abilities to plan and execute de- quently gone beyond the call of duty, fully deployed and led his soldiers in fense, economic, and trade policy were offering to assist with the recovery ef- supporting the war effort and the en- tested and proven, when as a Com- forts from the recent water taxi acci- tire U.S. Army Central Command The- mander he led the deployment of over dent in Baltimore’s Harbor and the ater of Operations with the delivery 1.5 million pounds of equipment and September 11 attack on the World and replenishment of needed medica- 3,400 personnel to sensitive areas in- Trade Center and volunteering with tions and medical supplies. cluding the Persian Gulf. He managed the National Flag Day Foundation, From 1994 to 1996, then-Colonel to save the government over $19 mil- Historic Towson Inc, and the Baltimore Ursone served as the commander of the lion with new budgetary and finance City Heritage Area, to name only a few U.S. Army Medical Materiel Center, programs. Leading the quality assur- examples. Europe in Pirmasens, Germany. ance of flying wing he recorded over Laura’s dedication to the steward- Through his leadership, he reengi- 28,000 sorties and over 49,000 hours of ship of the National Park System has neered the center’s business practices flawless flying. In this position he was earned her the respect of everyone with to ensure that our soldiers stationed in the principal advisor to the U.S. Am- whom she has worked. During her 14- Europe and their families received bassador of U.S. European Command year career in the National Park Serv- medical supplies and medications on all armament matters. While serv- ice, she has protected and improved quickly and efficiently. His hard work ing in this capacity, he negotiated over some of our Nation’s most precious and many accomplishments were rec- $135 million in arms sales in 2002. He natural and cultural treasures. Begin- ognized with the prestigious Vice also contracted an $800 million aircraft ning as a volunteer at Mesa Verde Na- President Gore’s Hammer Award. development deal with the Nether- tional Park, she quickly advanced to In 2000, he was promoted to brigadier lands. serve in a number of national park general. As a general officer he served In all of this, the role of his wife units throughout the country, includ- in multiple senior positions and was Ellen should not be understated. Dur- ing Yellowstone National Park, Bryce also appointed as the fourteenth chief ing 25 years of marriage, she has made Canyon National Park, and Glen Can- of the Army Medical Service Corps.

VerDate mar 24 2004 03:41 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.039 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4299 As the commander of the Europe Re- inspiration to us all. I send him my H.R. 1779. An act to amend the Internal gional Medical Command, General best wishes on his well-deserved retire- Revenue Code of 1986 to allow penalty-free Ursone led a health care system com- ment. And on behalf of our Nation, I withdrawals from retirement plans during prised of a medical center, two hos- extend to him thanks and gratitude for the period that a military reservist or na- ∑ tional guardsman is called to active duty for pitals, and 27 clinics. This medical a remarkable career of service. an extended period, and for other purposes; command supported operations span- f to the Committee on Finance. ning over three continents—Europe, H.R. 3147. An act to designate the Federal REPORT PREPARED BY THE NA- Africa and Asia—while simultaneously building located at 324 Twenty-Fifth Street TIONAL SCIENCE BOARD ENTI- providing healthcare to over 250,000 sol- in Ogden, Utah, as the ‘‘James V. Hansen TLED ‘‘SCIENCE AND ENGINEER- diers, family members, retirees and ci- Federal Building’’; to the Committee on En- ING INDICATORS—2004’’—PM 75 vilians from the Department of De- vironment and Public Works. The PRESIDING OFFICER laid be- H.R. 3970. An Act to provide for the imple- fense. In subsequent assignments as mentation of a Green Chemistry Research the Assistant Surgeon General for fore the Senate the following message and Development Program, and for other Force Sustainment and the Assistant from the President of the United purposes; to the Committee on Commerce, Surgeon General for Force Projection States, together with an accompanying Science, and Transportation. from June 2002 to June 2004, General report; which was referred to the Com- H.R. 4019. An act to address the participa- Ursone’s leadership was integral in pre- mittee on Commerce, Science, and tion of Taiwan in the World health Organiza- Transportation: tion; to the Committee on Foreign Rela- paring the Army Medical Department tions. to serve our troops in their efforts To the Congress of the United States: H.R. 4030. An act to establish the Congres- against the new and unfamiliar threat Consistent with 42 U.S.C. 1863(j)(1), I sional Medal for Outstanding Contributions of global terrorism. transmit herewith a report prepared in Math and Science Education programs to As chief of the Medical Service for the Congress and the Administra- recognize private entities for their out- Corps, General Ursone has unified the tion by the National Science Board en- standing contributions to elementary and most diverse group of specialties in the titled, ‘‘Science and Engineering Indi- secondary science, technology, engineering, and mathematics education; to the Com- Army. His commitment to leader de- cators—2004.’’ This report represents the sixteenth in the series examining mittee on Health, Education, Labor, and velopment and mentoring of junior of- Pensions. ficers helped the Corps achieve annual key aspects of the status of science and f increases in recruiting and retaining engineering in the United States. officers. General Ursone’s vision and GEORGE W. BUSH. MEASURES PLACED ON THE leadership have created opportunities THE WHITE HOUSE, April 22, 2004. CALENDAR for officers to serve our Nation while f The following bill was read the first also achieving their own professional MESSAGE FROM THE HOUSE and second times by unanimous con- and personal aspirations. At 12:25 p.m., a message from the sent, and placed on the calendar: Health care in the Army encompasses House of Representatives, delivered by H.R. 3550. An act to authorize funds for a staggering array of services, from Ms. Niland, one of its reading clerks, Federal-aid highways, highway safety pro- basic medical and dental checkups to announced that the House has passed grams, and transit programs, and for other purposes. prescription medications to emergency the following bills, in which it requests care on the battlefield to vaccinations the concurrence of the Senate: f against biological and chemical H.R. 1779. An act to amend the Internal MEASURES READ THE FIRST TIME threats. Officers serve as medical oper- Revenue Code of 1986 to allow penalty-free The following bill was read the first ations officers, healthcare administra- withdrawals from retirement plans during tors, medical logisticians, preventive the period that a military reservist or na- time: medicine officers, allied scientists, be- tional guardsman is called to active duty for H.R. 2844. An act to require States to hold special elections to fill vacancies in the havioral science officers as well as op- an extended period, and for other purposes. H.R. 3147. An act to designate the Federal House of Representatives not later than 21 tometrists and pharmacists. building located at 324 Twenty-Fifth Street days after the vacancy is announced by the To lead and manage such a wide and in Ogden, Utah, as the ‘‘James V. Hansen Speaker of the House of Representatives in complex network, you need to be a spe- Federal Building’’. extraordinary circumstances, and for other cial person—one who is able to think H.R. 3970. An act to provide for the imple- purposes. strategically and act appropriately for mentation of a Green Chemistry research f the time and circumstances. You need and Development Program, and for other a leader who will take swift and deci- purposes. EXECUTIVE AND OTHER H.R. 4019. An act to address the participa- COMMUNICATIONS sive action in a crisis, like when Gen- tion of Taiwan in the World Health Organiza- eral Ursone worked around the clock tion. The following communications were managing the evacuation and care of H.R. 4030. An act to establish the Congres- laid before the Senate, together with the victims of the USS Cole bombing. sional Medal for Outstanding Contributions accompanying papers, reports, and doc- You need a compassionate leader capa- in Math and Science Education programs to uments, and were referred as indicated: ble of implementing Women, Infant recognize private entities for their out- EC–7194. A communication from the Dep- standing contributions to elementary and uty Associate Administrator of the Environ- and Child programs. Above all, you secondary science, technology, engineering, need a leader who recognizes that his mental Protection Agency, transmitting, and mathematics education. pursuant to law, the report of a rule entitled decisions will have a tremendous im- ‘‘Revocation of Tolerance Exemptions for pact on thousands and thousands of in- At 5:25 p.m., a message from the Certain Biopesticides’’ (FRL7353–5) received dividual soldiers and their families. In House of Representatives, delivered by on April 22, 2004; to the Committee on Agri- each and every one of these critical Mr. Hays, one of its reading clerks, an- culture, Nutrition, and Forestry. areas, Richard Ursone has gone above nounced that the House has passed the EC–7195. A communication from the Assist- and beyond the call of duty. following bill, in which it requests the ant Secretary of Defense, Reserve Affairs, Brigadier General Ursone’s service concurrence of the Senate: transmitting, pursuant to law, the report on and contributions to fellow soldiers H.R. 2844. An act to require States to hold the National Guard Challenge Program dated March 2004; to the Committee on Armed and our Nation are eloquent testimony special elections to fill vacancies in the House of Representatives not later than 45 Services. to his loyalty, dedication, talents, and EC–7196. A communication from the Acting days after the vacancy is announced by the abilities. General Ursone is not a phy- General Counsel, Department of Defense, Speaker of the House of Representatives in sician. However, it is difficult to imag- extraordinary circumstances, and for other transmitting, the report of legislation enti- ine any individual who has done more purposes. tled ‘‘Support of Sensitive Military Oper- to ensure that every single soldier, ations to Combat Terrorism’’ as part of the f family member and retiree in the U.S. National Defense Authorization Bill for Fis- Army receives the most advanced, effi- MEASURES REFERRED cal Year 2005; to the Committee on Armed Services. cient, and compassionate health care. The following bills were read the first EC–7197. A communication from the Dep- His commitment to the men and and the second times by unanimous uty Secretary, Division of Corporation Fi- women of our Armed Forces is truly an consent, and referred as indicated: nance, Securities and Exchange Commission,

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.136 S22PT1 S4300 CONGRESSIONAL RECORD — SENATE April 22, 2004 transmitting, pursuant to law, the report of sions to the California State Implementation INTRODUCTION OF BILLS AND a rule entitled ‘‘Mandated Electronic Filing Plan, Kern County Air Pollution Control JOINT RESOLUTIONS for Form ID’’ (RIN3235–AJ09) received on District’’ (FRL7640–7) received on April 22, April 22, 2004; to the Committee on Banking, 2004; to the Committee on Environment and The following bills and joint resolu- Housing, and Urban Affairs. Public Works. tions were introduced, read the first EC–7198. A communication from the Direc- EC–7207. A communication from the Dep- and second times by unanimous con- tor of the Office of Congressional Affairs, Of- uty Associate Administrator, Environmental sent, and referred as indicated: fice of the Chief Financial Officer, U.S. Nu- Protection Agency, transmitting, pursuant By Mrs. CLINTON (for herself and Mr. clear Regulatory Commission, transmitting, to law, the report of a rule entitled ‘‘Revi- SCHUMER): pursuant to law, the report of a rule entitled sions to the California State Implementation S. 2334. A bill to designate certain National ‘‘Revision of Fee Schedules; Fee Recovery Plan, San Joaquin Valley Unified Air Pollu- Forest System land in the Commonwealth of for FY 2004’’ (RIN3150–AH37) received on tion Control District’’ (FRL7650–4) received Puerto Rico as components of the National April 22, 2004; to the Committee on Environ- on April 22, 2004; to the Committee on Envi- Wilderness Preservation System; to the ment and Public Works. ronment and Public Works. Committee on Energy and Natural Re- EC–7199. A communication from the Dep- EC–7208. A communication from the Dep- sources. uty Associate Administrator, Environmental uty Associate Administrator, Environmental By Mr. REED (for himself, Mr. KEN- Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant NEDY, and Mr. BINGAMAN): to law, the report of a rule entitled ‘‘Air to law, the report of a rule entitled ‘‘Revi- S. 2335. A bill to amend part A of title II of Quality Designations and Classifications for sions to the California State Implementation the Higher Education Act of 1965 to enhance the 8-Hour Ozone National Ambient Air Plan, South Coast Air Quality Management teacher training and teacher preparation Quality Standards; Early Action Compact District’’ (FRL7651–3) received on April 22, programs, and for other purposes; to the Areas with Deferred Effective Dates’’ 2004; to the Committee on Environment and Committee on Health, Education, Labor, and (FRL7651–8) received on April 22, 2004; to the Public Works. Pensions. Committee on Environment and Public EC–7209. A communication from the Dep- By Mr. REID (for himself, Mr. CHAFEE, Works. uty Associate Administrator, Environmental Mrs. BOXER, Mrs. MURRAY, Mrs. CLIN- EC–7200. A communication from the Dep- Protection Agency, transmitting, pursuant TON, Mr. CORZINE, and Mr. LAUTEN- uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘South BERG): Protection Agency, transmitting, pursuant Dakota: Final Authorization of State Haz- S. 2336. A bill to expand access to preven- to law, the report of a rule entitled ‘‘Ap- ardous Waste Management Program Revi- tive health care services and education pro- proval and Promulgation of Implementation sion’’ (FRL7653–2) received on April 22, 2004; grams that help reduce unintended preg- Plans and Designation of Areas for Air Qual- to the Committee on Environment and Pub- nancy, reduce infection with sexually trans- ity Planning Purposes; Arizona’’ (FRL7651–1) lic Works. mitted disease, and reduce the number of received on April 22, 2004; to the Committee EC–7210. A communication from the Assist- abortions; to the Committee on Health, Edu- on Environment and Public Works. ant General Counsel for Regulatory Services, cation, Labor, and Pensions. EC–7201. A communication from the Dep- Office of Innovation and Improvement, De- By Ms. STABENOW (for herself and uty Associate Administrator, Environmental partment of Education, transmitting, pursu- Mr. LEVIN): Protection Agency, transmitting, pursuant ant to law, the report of a rule entitled S. 2337. A bill to establish a grant program to law, the report of a rule entitled ‘‘Ap- ‘‘Family Educational Rights and Privacy to support coastal and water quality restora- proval and Promulgation of Implementation Act’’ (RIN1855–AA00) received on April 22, tion activities in States bordering the Great Plans, Finding of Attainment, and Designa- 2004; to the Committee on Health, Education, Lakes, and for other purposes; to the Com- tion of Areas for Air Quality Planning Pur- Labor, and Pensions. mittee on Commerce, Science, and Transpor- poses; 1-Hour Ozone Standard, East Kern EC–7211. A communication from the Assist- tation. County, California’’ (FRL7641–7) received on ant Secretary, Office of National Programs, By Mr. BOND (for himself, Mr. KEN- April 22, 2004; to the Committee on Environ- Employment and Training Administration, NEDY, and Mr. JOHNSON): ment and Public Works. transmitting, pursuant to law, the report of S. 2338. A bill to amend the Public Health EC–7202. A communication from the Dep- a rule entitled ‘‘Senior Community Service Service Act to provide for arthritis research uty Associate Administrator, Environmental Employment Program; Final Rule’’ and public health, and for other purposes; to Protection Agency, transmitting, pursuant (RIN1205–AB28) received on April 22, 2004; to the Committee on Health, Education, Labor, to law, the report of a rule entitled ‘‘Ap- the Committee on Health, Education, Labor, and Pensions. proval of RFP for Capacity Building Project and Pensions. By Mr. CORZINE (for himself, Mr. LAU- in NIS’’ received on April 22, 2004; to the EC–7212. A communication from the Acting TENBERG, Ms. STABENOW, and Ms. MI- Committee on Environment and Public Assistant Director, Civil Division, United KULSKI): Works. States Department of Justice, transmitting, S. 2339. A bill to amend part D of title EC–7203. A communication from the Dep- pursuant to law, the report of a rule entitled XVIII of the Social Security Act to improve uty Associate Administrator, Environmental ‘‘Claims Under the Radiation Exposure Com- the coordination of prescription drug cov- Protection Agency, transmitting, pursuant pensation Act Amendments of 2000; Amend- erage provided under retiree plans and State to law, the report of a rule entitled ‘‘Deter- ments Contained in the 21st Century Depart- pharmaceutical assistance programs with mination of Attainment of the 1-Hour Ozone ment of Justice Appropriations Authoriza- the prescription drug benefit provided under Standard; Determination Regarding Applica- tion Act of 2002’’ (RIN1105–AA75) received on the medicare program, and for other pur- bility of Certain Clean Air Act Require- April 22, 2004; to the Committee on the Judi- poses; to the Committee on Finance. ments; Approval and Promulgation of Ozone ciary. By Mr. BINGAMAN (for himself, Mr. Attainment Plan; San Francisco Bay Area, KENNEDY, and Mr. REED): California’’ (FRL7645–7) received on April 22, S. 2340. A bill to reauthorize title II of the f 2004; to the Committee on Environment and Higher Education Act of 1965; to the Com- Public Works. mittee on Health, Education, Labor, and EC–7204. A communication from the Dep- REPORTS OF COMMITTEES Pensions. uty Associate Administrator, Environmental The following reports of committees By Mr. CORZINE (for himself, Mr. LAU- Protection Agency, transmitting, pursuant TENBERG, and Mr. DURBIN): to law, the report of a rule entitled ‘‘Haz- were submitted: S. 2341. A bill to amend the Health Care ardous Waste Management System; Identi- From the Committee on the Judiciary, Quality Improvement Act of 1986 to expand fication and Listing of Hazardous Waste; without amendment and with a preamble: the National Practitioner Data Bank; to the Final Exclusion’’ (FRL7651–4) received on H. Con. Res. 328. Recognizing and honoring Committee on Health, Education, Labor, and April 22, 2004; to the Committee on Environ- the United States Armed Forces and sup- Pensions. ment and Public Works. porting the goals and objectives of a Na- By Mr. WARNER: EC–7205. A communication from the Dep- tional Military Appreciation Month. S. 2342. A bill to designate additional Na- uty Associate Administrator, Environmental By Mr. HATCH, from the Committee on tional Forest System lands in the State of Protection Agency, transmitting, pursuant the Judiciary, without amendment and with Virginia as wilderness, to establish the Seng to law, the report of a rule entitled ‘‘Interim a preamble: Mountain and Crawfish Valley Scenic Areas, Final Action to Stay and Defer Sanctions S. Res. 310. A resolution commemorating to provide for the development of trail plans Based on Attainment of the 1-Hour Ozone and acknowledging the dedication and sac- for the wilderness areas and scenic areas, Standard for the San Francisco Bay Area, rifice made by the men and women who have and for other purposes; to the Committee on California’’ (FRL7645–8) received on April 22, lost their lives while serving as law enforce- Agriculture, Nutrition, and Forestry. 2004; to the Committee on Environment and ment officers. By Mr. CONRAD (for himself and Mrs. Public Works. By Mr. HATCH, from the Committee on LINCOLN): EC–7206. A communication from the Dep- the Judiciary, without amendment: S. 2343. A bill to amend title XVIII of the uty Associate Administrator, Environmental S. 2270. A bill to amend the Sherman Act Social Security Act to improve the medicare Protection Agency, transmitting, pursuant to make oil-producing and exporting cartels program, and for other purposes; to the Com- to law, the report of a rule entitled ‘‘Revi- illegal. mittee on Finance.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.051 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4301 By Mrs. BOXER: an’s right to choose to bear a child or S. 2329 S. 2344. A bill to permit States to require terminate a pregnancy, and for other At the request of Mr. KYL, the names insurance companies to disclose insurance purposes. of the Senator from Oregon (Mr. information; to the Committee on the Judi- ciary. S. 2055 SMITH), the Senator from Oregon (Mr. By Mr. DODD: At the request of Mr. COLEMAN, the WYDEN), the Senator from Georgia (Mr. S. 2345. A bill to improve the No Child Left name of the Senator from Oregon (Mr. CHAMBLISS), the Senator from Maine Behind Act of 2001, and for other purposes; to SMITH) was added as a cosponsor of S. (Ms. SNOWE), the Senator from Mary- the Committee on Health, Education, Labor, 2055, a bill to amend the Internal Rev- land (Ms. MIKULSKI), the Senator from and Pensions. enue Code of 1986 to allow a credit Oklahoma (Mr. NICKLES), the Senator f against income tax for the purchase of from Oklahoma (Mr. INHOFE), the Sen- ADDITIONAL COSPONSORS hearing aids. ator from Mississippi (Mr. LOTT), the S 2238 Senator from North Carolina (Mrs. S. 540 . DOLE), the Senator from Alabama (Mr. At the request of Mr. INHOFE, the At the request of Mr. BUNNING, the name of the Senator from South Da- SHELBY) and the Senator from Wis- name of the Senator from Iowa (Mr. consin (Mr. KOHL) were added as co- GRASSLEY) was added as a cosponsor of kota (Mr. JOHNSON) was added as a co- sponsor of S. 2238, a bill to amend the sponsors of S. 2329, a bill to protect S. 540, a bill to authorize the presen- crime victims’ rights. tation of gold medals on behalf of Con- National Flood Insurance Act of 1968 to reduce loses to properties for which re- At the request of Ms. LANDRIEU, her gress to Native Americans who served name was added as a cosponsor of S. as Code Talkers during foreign con- petitive flood insurance claim pay- ments have been made. 2329, supra. flicts in which the United States was At the request of Mrs. FEINSTEIN, the S. 2275 involved during the 20th Century in name of the Senator from New Mexico At the request of Ms. MIKULSKI, the recognition of the service of those Na- (Mr. DOMENICI) was added as a cospon- tive Americans to the United States. name of the Senator from Maine (Ms. sor of S. 2329, supra. COLLINS) was added as a cosponsor of S. S. 684 At the request of Mrs. LINCOLN, her 2275, a bill to amend the Homeland Se- At the request of Mr. SMITH, the name was added as a cosponsor of S. curity Act of 2002 (6 U.S.C. 101 et seq.) name of the Senator from New Jersey 2329, supra. (Mr. CORZINE) was added as a cosponsor to provide for homeland security as- S.J. RES. 28 of S. 684, a bill to create an office with- sistance for high-risk nonprofit organi- At the request of Mr. CAMPBELL, the in the Department of Justice to under- zations, and for other purposes. name of the Senator from Nebraska take certain specific steps to ensure S. 2278 (Mr. NELSON) was added as a cosponsor that all American citizens harmed by At the request of Mr. ENSIGN, the of S.J. Res. 28, a joint resolution recog- terrorism overseas receive equal treat- name of the Senator from Montana nizing the 60th anniversary of the Al- ment by the United States Government (Mr. BURNS) was added as a cosponsor lied landing at Normandy during World regardless of the terrorists’ country of of S. 2278, a bill to amend title 28, War II. origin or residence, and to ensure that United States Code, to provide for the all terrorists involved in such attacks appointment of additional Federal cir- S. CON. RES. 90 are pursued, prosecuted, and punished cuit judges, to divide the Ninth Judi- At the request of Mr. LEVIN, the with equal vigor, regardless of the ter- cial Circuit of the United States into 3 names of the Senator from Delaware rorists’ country of origin or residence. circuits, and for other purposes. (Mr. BIDEN) and the Senator from Dela- S. 1368 S. 2283 ware (Mr. CARPER) were added as co- sponsors of S. Con. Res. 90, a concur- At the request of Mr. LEVIN, the At the request of Mr. BAUCUS, the name of the Senator from Alaska (Mr. name of the Senator from Connecticut rent resolution expressing the Sense of the Congress regarding negotiating, in STEVENS) was added as a cosponsor of (Mr. LIEBERMAN) was added as a co- S. 1368, a bill to authorize the Presi- sponsor of S. 2283, a bill to extend Fed- the United States-Thailand Free Trade dent to award a gold medal on behalf of eral funding for operation of State high Agreement, access to the United States the Congress to Reverend Doctor Mar- risk health insurance pools. automobile industry. tin Luther King, Jr. (posthumously) At the request of Mr. GREGG, the S. RES. 313 and his widow Coretta Scott King in names of the Senator from Nebraska At the request of Mr. FEINGOLD, the recognition of their contributions to (Mr. HAGEL) and the Senator from Wy- name of the Senator from Mississippi the Nation on behalf of the civil rights oming (Mr. ENZI) were added as cospon- (Mr. COCHRAN) was added as a cospon- movement. sors of S. 2283, supra. sor of S. Res. 313, a resolution express- S. 1748 S. 2321 ing the sense of the Senate encour- At the request of Mr. DEWINE, the At the request of Mr. BYRD, the aging the active engagement of Ameri- names of the Senator from Vermont names of the Senator from Arkansas cans in world affairs and urging the (Mr. JEFFORDS) and the Senator from (Mr. PRYOR), the Senator from Georgia Secretary of State to coordinate with Kentucky (Mr. BUNNING) were added as (Mr. MILLER) and the Senator from implementing partners in creating an cosponsors of S. 1748, a bill to establish Alaska (Ms. MURKOWSKI) were added as online database of international ex- a program to award grants to improve cosponsors of S. 2321, a bill to amend change programs and related opportu- and maintain sites honoring Presidents title 32, United States Code, to rename nities. of the United States. the National Guard Challenge Program S. RES. 331 S. 1931 and to increase the maximum Federal At the request of Mr. FITZGERALD, At the request of Mr. BUNNING, the share of the costs of State programs the name of the Senator from Mis- name of the Senator from Illinois (Mr. under that program, and for other pur- sissippi (Mr. COCHRAN) was added as a FITZGERALD) was added as a cosponsor poses. cosponsor of S. Res. 331, a resolution of S. 1931, a bill to repeal the sunset of S. 2328 designating June 2004 as ‘‘National the Economic Growth and Tax Relief At the request of Mr. DORGAN, the Safety Month’’. Reconciliation Act of 2001 with respect names of the Senator from Minnesota S. RES. 342 to the expansion of the adoption credit (Mr. DAYTON), the Senator from New At the request of Mr. HATCH, the and adoption assistance programs. York (Mr. SCHUMER), the Senator from names of the Senator from Ohio (Mr. S. 2020 California (Mrs. FEINSTEIN) and the DEWINE), the Senator from New Mexico At the request of Mrs. BOXER, the Senator from Florida (Mr. NELSON) (Mr. DOMENICI) and the Senator from name of the Senator from Michigan were added as cosponsors of S. 2328, a Iowa (Mr. GRASSLEY) were added as co- (Ms. STABENOW) was added as a cospon- bill to amend the Federal Food, Drug, sponsors of S. Res. 342, a resolution sor of S. 2020, a bill to prohibit, con- and Cosmetic Act with respect to the designating April 30, 2004, as ‘‘Dia de sistent with Roe v. Wade, the inter- importation of prescription drugs, and los Ninos: Celebrating Young Ameri- ference by the government with a wom- for other purposes. cans’’, and for other purposes.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.053 S22PT1 S4302 CONGRESSIONAL RECORD — SENATE April 22, 2004 STATEMENTS ON INTRODUCED I ask unanimous consent that the By Mr. REED (for himself, Mr. BILLS AND JOINT RESOLUTIONS text of the legislation be printed in the KENNEDY, and Mr. BINGAMAN): By Mrs. CLINTON (for herself RECORD. S. 2335. A bill to amend part A of title II of the Higher Education Act of and Mr. SCHUMER): There being no objection, the bill was S. 2334. A bill to designate certain ordered to be printed in the RECORD, as 1965 to enhance teacher training and National Forest System land in the follows: teacher preparation programs, and for Commonwealth of Puerto Rico as com- S. 2334 other purposes; to the Committee on ponents of the National Wilderness Be it enacted by the Senate and House of Rep- Health, Education, Labor, and Pen- Preservation System; to the Com- resentatives of the United States of America in sions. mittee on Energy and Natural Re- Congress assembled, Mr. REED. Mr. President, I rise sources. SECTION 1. SHORT TITLE. today to introduce the Preparing, Re- Mrs. CLINTON. Mr. President, I rise This Act may be cited as the ‘‘Caribbean cruiting, and Retaining Education Pro- to introduce the Caribbean National National Forest Act of 2004’’. fessionals Act of 2004 to ensure high Forest Act of 2004, along with Senator SEC. 2. DEFINITIONS. quality preparation, induction, and SCHUMER. In this Act: professional development programs for The Caribbean National Forest Act (1) MAP.—The term ‘‘map’’ means the map teachers, early childhood education designates approximately 10,000 acres dated April 13, 2004 and entitled ‘‘El Toro providers, principals and administra- of the Caribbean National Forest (CNF) Proposed Wilderness Area’’. tors in order to improve learning and as the El Toro Wilderness. The El Toro (2) SECRETARY.—The term ‘‘Secretary’’ achievement for all students. Wilderness would be the only tropical means the Secretary of Agriculture. As Congress turns to the reauthoriza- forest wilderness in the U.S. National SEC. 3. WILDERNESS DESIGNATION, CARIBBEAN tion of the Higher Education Act, we Forest system. NATIONAL FOREST, PUERTO RICO. need to increase support for prospec- The CNF has long been recognized as (a) EL TORO WILDERNESS.— tive, new, and experienced educators in (1) IN GENERAL.—In furtherance of the pur- a special area, worthy of protection. poses of the Wilderness Act (16 U.S.C. 1113 et early childhood education programs, The Spanish Crown proclaimed much of seq.), the approximately 10,000 acres of land elementary schools, and secondary the current CNF as a forest reserve in in the Caribbean National Forest/Luquillo schools. 1824. One hundred years ago, President Experimental Forest in the Commonwealth My legislation challenges teacher Theodore Roosevelt reasserted the pro- of Puerto Rico described in the map are des- preparation programs to make improv- tection of the CNF by designating the ignated as wilderness and as a component of ing student achievement the engine area as a forest reserve. the National Wilderness Preservation Sys- that drives all activities, training, and Located 25 miles east of San Juan, tem. support for teachers. The goal here is the CNF is a biologically diverse area. (2) DESIGNATION.—The land designated in not to be punitive but to put students paragraph (1) shall be known as the El Toro Although it is the smallest forest in Wilderness. and their achievement first. the national forest system, the CNF (3) WILDERNESS BOUNDARIES.—The El Toro We know that strong teaching skills ranks number one in the number of Wilderness shall consist of the land described make a difference. Studies have shown species of native trees with 240. In addi- in the map. that students who attend classes tion, the CNF has 50 varieties of or- (b) MAP AND BOUNDARY DESCRIPTION.— taught by high-quality teachers per- chids and over 150 species of ferns. The (1) IN GENERAL.—As soon as practicable form significantly better on assess- area is also rich in wildlife with over after the date of enactment of this Act, the ments. The No Child Left Behind Act 100 species of vertebrates, including the Secretary shall— requires that all teachers be highly (A) prepare a boundary description of the qualified. To be so deemed, in general, endangered Puerto Rican parrot. The El Toro Wilderness; and only native parrot in Puerto Rico, they (B) submit the map and the boundary de- a teacher must hold a bachelor’s de- numbered nearly one million at the scription to the Committee on Energy and gree, be fully certified by a State, and time that Columbus set sail for the Natural Resources of the Senate and the demonstrate content knowledge of the New World. Today there are fewer than Committee on Resources of the House of subjects taught by the 2005–2006 school 35 of these parrots. The Forest Service, Representatives. year. New teachers must meet this the U.S. Fish and Wildlife Service and (2) PUBLIC INSPECTION AND TREATMENT.— standard now. Yet, according to the Puerto Rico’s Department of Natural The map and the boundary description pre- U.S. Department of Education, only 54 pared under paragraph (1)(A)— percent of our Nation’s secondary Resources and the Environment have (A) shall be on file and available for public initiated a recovery program for the inspection in the office of the Chief of the school teachers were highly qualified Puerto Rican Parrot. Wilderness des- Forest Service; and during the 1999–2000 school year. The ignation will ensure that the forest (B) shall have the same force and effect as percentage of highly qualified teachers home to the parrot will remain pro- if included in this Act. varies widely by State and by subject tected and the ongoing recovery ef- (3) ERRORS.—The Secretary may correct matter. For example, a 2003 survey by forts, consistent with the Wilderness clerical and typographical errors in the map the Council of Chief State School Offi- Act, will continue. and the boundary description prepared under cers found that only my home State of The CNF also provides valuable paragraph (1)(A). Rhode Island, Nebraska, New Jersey, (c) ADMINISTRATION.— North Dakota, and Minnesota have water to the people of Puerto Rico. The (1) IN GENERAL.—Subject to valid existing CNF receives over 10 feet of rain each rights, the Secretary shall administer the El more than 80 percent of their math year. As a result, the major watersheds Toro Wilderness in accordance with the Wil- teachers with college majors in math in the CNF are able to provide water to derness Act (16 U.S.C. 1131 et seq.) and this and full certification. Seven States re- over 800,000 residents. In addition, the Act. port having more than 10 percent of CNF provides a variety of recreational (2) EFFECTIVE DATE OF WILDERNESS ACT.— their teachers on waivers; that is, opportunities to over 700,000 Puerto With respect to the El Toro Wilderness, any teaching with emergency, temporary, Ricans and tourists each year. Fami- reference in the Wilderness Act (16 U.S.C. or provisional licenses. 1131 et seq.) to the effective date of that Act The Preparing, Recruiting, and Re- lies, friends and school groups come to shall be deemed to be a reference to the date the forest to hike, bird watch, picnic, of the enactment of this Act. taining Education Professionals Act swim and enjoy the scenic vistas. (d) SPECIAL MANAGEMENT CONSIDER- modifies and strengthens the current Wilderness designation of the El Toro ATIONS.—Consistent with the Wilderness Act State, partnership, and recruitment will protect approximately one third of (16 U.S.C. 1131 et seq.), nothing in this Act grants contained within title II of the the forest. A companion House bill, precludes the installation and maintenance Higher Education Act to focus on im- H.R. 1723, has been introduced by Puer- of hydrologic, meteorological, climato- proving teaching skills of prospective, to Rico’s Resident Commissioner, logical, or atmospheric data collection and new, and experienced teachers and Abibel Acevedo Vila. During a House remote transmission facilities, or any com- early childhood education providers as bination of those facilities, in any case in hearing on this measure last summer, which the Secretary determines that the fa- well as improving the capacity of prin- the U.S. Forest Service stated its sup- cilities are essential to the scientific re- cipals to provide instructional leader- port for the designation of the El Toro search purposes of the Luquillo Experi- ship and classroom support for teach- Wilderness Area. mental Forest. ers.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.056 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4303 My legislation ensures States hold tive support, a lack of faculty influ- specific practices that result in institutions of higher education and ence and inadequate planning and col- achievement gains. The legislation also entities that provide alternative routes laboration time. By providing men- seeks to improve minority teacher re- to State certification equally account- toring and support during the pre-serv- cruitment and retention. able for preparing highly qualified ice experiences, the early years of The PRREP Act, Senator BINGAMAN’s teachers and highly competent early teaching, and through ongoing profes- bill, and the bill we joined Senator childhood education providers via re- sional development opportunities for KENNEDY in introducing last year—S. forms to ensure preparation program experienced teachers, we can substan- 1793, the College Quality, Affordability, effectiveness. The goal is to provide tially reduce the terrible turnover and Diversity Improvement Act—will teachers and early childhood education rates that our Nation experiences. all go a long way toward ensuring the providers the scientific knowledge of There are also extensive teaching va- high quality preparation, induction, teaching skills needed to understand cancies in schools nationwide. The and professional development that our and respond effectively to diverse stu- General Accounting Office has found Nation’s educators—and students—de- dent populations, including students that 23 of 37 State officials reported serve. with disabilities, limited-English pro- teacher shortages in high-need subject There being no objection, the bill was ficient students, and students with dif- areas such as mathematics, science, bi- ordered to be printed in the RECORD, as ferent learning styles or other special lingual education and special edu- follows: learning needs; the ability to integrate cation. S. 2335 technology into the classroom; strate- My legislation focuses recruitment Be it enacted by the Senate and House of Rep- gies to effectively use assessments to activities where high teacher turnover resentatives of the United States of America in improve instructional practices and and shortages exist, where there is Congress assembled, curriculum; and an understanding of great difficulty meeting academic SECTION 1. SHORT TITLE. how to communicate with and involve standards, or where there is great dif- This Act may be cited as the ‘‘Preparing, Recruiting, and Retaining Education Profes- parents in their children’s education. ficulty demonstrating that teachers sionals Act of 2004’’. The Higher Education Act’s existing are highly qualified. The grants also SEC. 2. PURPOSES; DEFINITIONS. partnership grants are strengthened by allow funds for outreach to encourage Section 201 of the Higher Education Act of improving the effectiveness of the recruitment in inner city and rural 1965 (20 U.S.C. 1021) is amended to read as fol- teaching skills and learning practices areas. lows: taught through inclusion of academic The State, partnership, and recruit- ‘‘SEC. 201. PURPOSES; DEFINITIONS. departments such as psychology, ment grants are currently funded at ‘‘(a) PURPOSES.—The purposes of this part human development, or one with com- only $90 million a year—far too little of are to— parable expertise in the disciplines of an investment for this critical enter- ‘‘(1) improve student achievement; teaching, learning, and child and ado- ‘‘(2) improve the quality of the current and prise. The stakes are too high, not just future teaching force by improving the prep- lescent development. Partnerships are in terms of meeting the highly quali- aration of prospective teachers and enhanc- expanded to include pre-service clin- fied requirements of No Child Left Be- ing ongoing professional development activi- ical, field, or practicum components hind, but for real kids in real class- ties; whereby the prospective teachers re- rooms. My bill significantly boosts this ‘‘(3) encourage partnerships among institu- ceive close supervision and mentoring. funding, authorizing $500 million for tions of higher education, early childhood A residency program would be created these vital programs. education programs, elementary schools or to provide ongoing training support The PRREP Act is supported by a di- secondary schools, local educational agen- during new teachers’ first 3 years. Pro- verse array of education organizations, cies, State educational agencies, teacher or- ganizations, and nonprofit educational orga- fessional development opportunities including the American Association of nizations; would have to be provided for experi- Colleges for Teacher Education, Amer- ‘‘(4) hold institutions of higher education enced teachers to encourage continual ican Psychological Association, Center and all other teacher preparation programs retraining to further their skills. Man- for Civic Education, Council for Excep- (including programs that provide alternative agerial skill development is also in- tional Children, Higher Education Con- routes to teacher preparation) accountable cluded to improve the capacity of prin- sortium for Special Education, Na- in an equivalent manner for preparing— cipals to provide instructional leader- tional Association of Elementary ‘‘(A) teachers who have strong teaching ship and classroom support for teach- School Principals, National Associa- skills, are highly qualified, and are trained in the effective uses of technology in the ers. tion of Secondary School Principals, classroom; and The time for action is now because National Association of State Direc- ‘‘(B) early childhood education providers too few of the teachers that we have tors of Special Education, National As- who are highly competent; prepared choose to enter the schools sociation for the Education of Young ‘‘(5) recruit and retain qualified individ- and stay. According to the National Children, National Council of Teachers uals, including individuals from other occu- Commission on Teaching and Amer- of English, National Council of Teach- pations, into the teaching force for early ica’s Future, after 3 years, 33 percent of ers of Mathematics, National Science childhood education programs or in elemen- beginning teachers have left teaching Teachers Association, and National tary schools or secondary schools; and after 5 years, 46 percent have left. ‘‘(6) improve the recruitment, retention, PTA. and capacities of principals to provide in- Not surprisingly, the turnover rate in I urge my colleagues to join me in structional leadership and to support teach- high poverty schools is approximately this essential endeavor by cosponsoring ers in maintaining safe and effective learn- one-third higher than the rate for all this legislation and working for its in- ing environments; teachers. During the 1999–2000 school clusion in the reauthorization of the ‘‘(7) expand the use of research to improve year, 232,000 new teachers were hired, Higher Education Act. teaching and learning by teachers, early but schools lost more than 287,000—a I ask unanimous consent that the childhood education providers, principals, net loss of 24 percent. Teacher attrition text of this legislation be printed in and faculty; and ‘‘(8) enhance the ability of teachers, early undermines teacher quality and drives the RECORD. Additionally, I am pleased to be join- childhood education providers, principals, teacher shortages. Investing in the administrators, and faculty to communicate, preparation of our educators and their ing Senator BINGAMAN, who is intro- work with, and involve parents in ways that continued professional development is ducing the CLASS Act. This legislation improve student achievement. critical for addressing these needs shares the PRREP Act’s spirit of im- ‘‘(b) DEFINITIONS.—In this part: which, in turn, will improve outcomes proving teacher preparation and there- ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and results for all children. fore, student achievement. In addition and sciences’ means— One of the primary reasons for such to encouraging the development of ‘‘(A) when referring to an organizational high attrition, according to the Com- data systems to measure teacher qual- unit of an institution of higher education, any academic unit that offers 1 or more aca- mission, is the lack of support once a ity, the CLASS Act authorizes pilot demic majors in disciplines or content areas teacher is hired. Approximately one- studies to evaluate the impact of corresponding to the academic subject mat- third of those teachers who expressed teacher preparation programs on stu- ter areas in which teachers provide instruc- dissatisfaction cited poor administra- dent achievement and to identify the tion; and

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.060 S22PT1 S4304 CONGRESSIONAL RECORD — SENATE April 22, 2004 ‘‘(B) when referring to a specific academic ‘‘(C) who has demonstrated a high level of SEC. 3. STATE GRANTS. subject matter area, the disciplines or con- knowledge and use of content and pedagogy Section 202 of the Higher Education Act of tent areas in which academic majors are of- in the relevant areas associated with quality 1965 (20 U.S.C. 1022) is amended to read as fol- fered by the arts and science organizational early childhood education. lows: unit. ‘‘(8) HIGHLY QUALIFIED.—The term ‘highly ‘‘SEC. 202. STATE GRANTS. ‘‘(2) EARLY CHILDHOOD EDUCATION PRO- qualified’ has the meaning given the term in GRAM.—The term ‘early childhood education section 9101 of the Elementary and Sec- ‘‘(a) IN GENERAL.—From amounts made program’ means a family child care program, ondary Education Act of 1965. available under section 211(1) for a fiscal center-based child care program, prekinder- ‘‘(9) MENTORING.—The term ‘mentoring’ year, the Secretary is authorized to award garten program, school program, or other means a process by which a teacher mentor grants under this section, on a competitive out-of-home child care program that is li- who is an exemplary teacher, either alone or basis, to eligible States to enable the eligible censed or regulated by the State serving 2 or in a team with faculty, provides active sup- States to carry out the activities described more unrelated children from birth until port for prospective teachers and new teach- in subsection (d). school entry, or a Head Start program car- ers through a system for integrating evi- ‘‘(b) ELIGIBLE STATE.— ried out under the Head Start Act or an dence-based practice, including rigorous, su- ‘‘(1) DEFINITION.—In this part, the term ‘el- Early Head Start program carried out under pervised training in high-quality teaching igible State’ means— section 645A of that Act. settings. Such support includes activities ‘‘(A) a State educational agency; or ‘‘(3) EXEMPLARY TEACHER.—The term ‘ex- specifically designed to promote— ‘‘(B) an entity or agency in the State re- emplary teacher’ has the meaning given the ‘‘(A) knowledge of the scientific research sponsible for teacher certification and prepa- term in section 9101 of the Elementary and on, and assessment of, teaching and learning; ration activities. Secondary Education Act of 1965. ‘‘(B) development of teaching skills and ‘‘(2) CONSULTATION.—The eligible State ‘‘(4) FACULTY.— skills in evidence-based educational inter- shall consult with the Governor, State board ‘‘(A) IN GENERAL.—The term ‘faculty’ ventions; of education, State educational agency, means individuals in institutions of higher ‘‘(C) development of classroom manage- State agency for higher education, State education who are responsible for preparing ment skills; agency with responsibility for child care, teachers. ‘‘(D) a positive role model relationship prekindergarten, or other early childhood ‘‘(B) INCLUSIONS.—The term ‘faculty’ in- where academic assistance and exposure to education programs, and other State entities cludes professors of education and professors that provide professional development and in academic disciplines such as the arts and new experiences is provided; and ‘‘(E) ongoing supervision and communica- teacher preparation for teachers, as appro- sciences, psychology, and human develop- priate, with respect to the activities assisted ment. tion regarding the prospective teacher’s de- velopment of teaching skills and continued under this section. ‘‘(5) HIGH-NEED LOCAL EDUCATIONAL AGEN- ‘‘(3) CONSTRUCTION.—Nothing in this sub- CY.—The term ‘high-need local educational support for the new teacher by the mentor, other teachers, principals, and administra- section shall be construed to negate or su- agency’ means a local educational agency persede the legal authority under State law that serves an early childhood education pro- tors. ‘‘(10) PARENT.—The term ‘parent’ has the of any State agency, State entity, or State gram, elementary school, or secondary public official over programs that are under school located in an area in which— meaning given the term in section 9101 of the Elementary and Secondary Education Act of the jurisdiction of the agency, entity, or offi- ‘‘(A)(i) 15 percent or more of the students cial. served by the agency are from families with 1965. incomes below the poverty line; ‘‘(11) PARENTAL INVOLVEMENT.—The term ‘‘(c) APPLICATION.—To be eligible to receive ‘‘(ii) there are more than 5,000 students ‘parental involvement’ has the meaning a grant under this section, an eligible State served by the agency from families with in- given the term in section 9101 of the Elemen- shall, at the time of the initial grant appli- comes below the poverty line; or tary and Secondary Education Act of 1965. cation, submit an application to the Sec- ‘‘(iii) there are less than 600 students in av- ‘‘(12) POVERTY LINE.—The term ‘poverty retary that— erage daily attendance in all the schools line’ means the poverty line (as defined by ‘‘(1) meets the requirement of this section that are served by the agency and all of the Office of Management and Budget, and and other relevant requirements for States whose schools are designated with a school revised annually in accordance with section under this title; locale code of 7 or 8, as determined by the 673(2) of the Community Services Block ‘‘(2) describes how the eligible State in- Secretary; and Grant Act (42 U.S.C. 9902(2))) applicable to a tends to use funds provided under this sec- ‘‘(B)(i) there is a high percentage of teach- family of the size involved. tion in accordance with State-identified ers who are not highly qualified; or ‘‘(13) PROFESSIONAL DEVELOPMENT.— needs; ‘‘(ii) there is a chronic shortage, or high ‘‘(A) IN GENERAL.—Except as provided in ‘‘(3) describes the eligible State’s plan for turnover rate, of highly qualified teachers. subparagraph (B), the term ‘professional de- continuing the activities carried out with ‘‘(6) HIGH-NEED SCHOOL.—The term ‘high- velopment’ has the meaning given the term the grant once Federal funding ceases; need school’ means an early childhood edu- in section 9101 of the Elementary and Sec- ‘‘(4) describes how the eligible State will cation program, public elementary school, or ondary Education Act of 1965. coordinate activities authorized under this public secondary school— ‘‘(B) EARLY CHILDHOOD EDUCATION PRO- section with other Federal, State, and local ‘‘(A)(i) in which there is a high concentra- VIDERS.—The term ‘professional develop- personnel preparation and professional de- tion of students from families with incomes ment’ when used with respect to an early velopment programs; and below the poverty line; or childhood education provider means knowl- ‘‘(5) contains such other information and ‘‘(ii) that, in the case of a public elemen- edge and skills in all domains of child devel- assurances as the Secretary may require. tary school or public secondary school, is opment (including cognitive, social, emo- ‘‘(d) USES OF FUNDS.—An eligible State identified as in need of school improvement tional, physical, and approaches to learning) that receives a grant under this section shall or corrective action pursuant to section 1116 and pedagogy of children from birth until use the grant funds to reform teacher prepa- of the Elementary and Secondary Education entry into kindergarten. ration requirements, and to ensure that cur- Act of 1965 (20 U.S.C. 6316); and ‘‘(14) TEACHING SKILLS.—The term ‘teach- rent and future teachers are highly qualified ‘‘(B) in which there exists— ing skills’ means skills— and possess strong teaching skills and ‘‘(i) in the case of a public elementary ‘‘(A) grounded in the disciplines of teach- knowledge to assess student academic school or public secondary school, a per- ing and learning that teachers use to create achievement, by carrying out 1 or more of sistent and chronic shortage, or high turn- effective instruction in subject matter con- the following activities: over rate, of highly qualified teachers; and tent and that lead to student achievement ‘‘(1) REFORMS.—Implementing reforms that ‘‘(ii) in the case of an early childhood edu- and the ability to apply knowledge; and hold institutions of higher education with cation program, a persistent and chronic ‘‘(B) that require an understanding of the teacher preparation programs accountable shortage of early childhood education pro- learning process itself, including an under- for, and assist such programs in, preparing viders who are highly competent. standing of— teachers who are highly qualified or early ‘‘(7) HIGHLY COMPETENT.—The term ‘highly ‘‘(i) the use of teaching strategies specific childhood education providers who are high- competent’ when used with respect to an to the subject matter; ly competent. Such reforms shall include— early childhood education provider means a ‘‘(ii) the application of ongoing assessment ‘‘(A) State program approval requirements provider— of student learning, particularly for evalu- regarding curriculum changes by teacher ‘‘(A) with specialized education and train- ating instructional practices and cur- preparation programs that improve teaching ing in development and education of young riculum; skills based on scientific knowledge— children from birth until entry into kinder- ‘‘(iii) ensuring successful learning for stu- ‘‘(i) about the disciplines of teaching and garten; dents with individual differences in ability learning; and ‘‘(B) with— and instructional needs; ‘‘(ii) about understanding and responding ‘‘(i) a baccalaureate degree in an academic ‘‘(iv) effective classroom management; and effectively to students with special needs; major in the arts and sciences; or ‘‘(v) effective ways to communicate, work ‘‘(B) State program approval requirements ‘‘(ii) an associate’s degree in a related edu- with, and involve parents in their children’s for teacher preparation programs to have in cational area; and education.’’. place mechanisms to measure and assess the

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.058 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4305 effectiveness and impact of teacher prepara- ‘‘SEC. 203. PARTNERSHIP GRANTS. other teacher preparation or professional de- tion programs, including on student achieve- ‘‘(a) GRANTS.—From amounts made avail- velopment programs, and how the activities ment; able under section 211(2) for a fiscal year, the of the partnership will be consistent with ‘‘(C) assurances from institutions that Secretary is authorized to award grants State, local, and other education reform ac- such institutions have a program in place under this section, on a competitive basis, to tivities that promote student achievement that provides a year-long clinical experience eligible partnerships to enable the eligible and parental involvement; for prospective teachers; and partnerships to carry out the activities de- ‘‘(2) contain a resource assessment that de- ‘‘(D) collecting and using data, in collabo- scribed in subsections (d) and (e). scribes the resources available to the part- ‘‘(b) DEFINITIONS.— ration with institutions of higher education, nership, including the integration of funds ‘‘(1) ELIGIBLE PARTNERSHIP.—In this part, schools, and local educational agencies, on from other related sources, the intended use the term ‘eligible partnership’ means an en- teacher retention rates, by school, to evalu- of the grant funds, including a description of tity that— ate and strengthen the effectiveness of the how the grant funds will be fairly distributed State’s teacher support system. ‘‘(A) shall include— ‘‘(i) a partner institution; in accordance with subsection (f), and the ‘‘(2) CERTIFICATION OR LICENSURE REQUIRE- ‘‘(ii) a school or department of arts and commitment of the resources of the partner- MENTS.—Ensuring the State’s teacher certifi- ship to the activities assisted under this cation or licensure requirements are rig- sciences within the partner institution under clause (i); part, including financial support, faculty orous so that teachers have strong teaching ‘‘(iii) a school or department of education participation, time commitments, and con- skills and are highly qualified. within the partner institution under clause tinuation of the activities when the grant ‘‘(3) ALTERNATIVE ROUTES TO STATE CERTIFI- (i); ends; CATION.—Carrying out programs that provide ‘‘(iv)(I) a department of psychology within ‘‘(3) contain a description of— prospective teachers with high-quality alter- the partner institution under clause (i); ‘‘(A) how the partnership will meet the native routes to traditional preparation for ‘‘(II) a department of human development purposes of this part, in accordance with the teaching and to State certification for well- within the partner institution under clause needs assessment required under paragraph prepared and qualified prospective teachers, (i); or (1); including— ‘‘(III) a department with comparable exper- ‘‘(B) how the partnership will carry out the ‘‘(A) programs at schools or departments of tise in the disciplines of teaching, learning, activities required under subsection (d) and arts and sciences, schools or departments of and child and adolescent development within any permissible activities under subsection education within institutions of higher edu- the partner institution under clause (i); (e) based on the needs identified in paragraph cation, or at nonprofit educational organiza- ‘‘(v) a high-need local educational agency; (1) with the goal of improving student tions with expertise in producing highly and achievement; qualified teachers that include instruction in ‘‘(vi)(I) a high-need school served by the ‘‘(C) the partnership’s evaluation plan pur- teaching skills; high-need local educational agency under suant to section 206(b); ‘‘(B) a selective means for admitting indi- clause (v); or ‘‘(D) how faculty at the partner institution viduals into such programs; ‘‘(II) a consortium of schools of the high- will work with, over the term of the grant, ‘‘(C) providing intensive support during the need local educational agency under clause principals and teachers in the classrooms of initial teaching experience, including men- (v); and the high-need local educational agency in- toring; ‘‘(B) may include a Governor, State edu- cluded in the partnership; ‘‘(D) establishing, expanding, or improving cational agency, the State board of edu- ‘‘(E) how the partnership will enhance the alternative routes to State certification of cation, the State agency for higher edu- instructional leadership and management teachers for qualified individuals, including cation, an institution of higher education skills of principals and provide effective sup- mid-career professionals from other occupa- not described in subparagraph (A) (including port for principals, including new principals; tions, paraprofessionals, former military a community college), a public charter ‘‘(F) how the partnership will design, im- personnel and recent college graduates with school, other public elementary school or plement, or enhance a year-long, rigorous, records of academic distinction, that have a secondary school, a combination or network and enriching preservice clinical program proven record of effectiveness and that en- of urban, suburban, or rural schools, a public component; sure that current and future teachers possess or private nonprofit educational organiza- ‘‘(G) the in-service professional develop- strong teaching skills and are highly quali- tion, a business, a teacher organization, or ment strategies and activities to be sup- fied; and an early childhood education program. ported; and ‘‘(E) providing support in the disciplines of ‘‘(2) PARTNER INSTITUTION.—In this section, ‘‘(H) how the partnership will collect, ana- teaching and learning to ensure that pro- the term ‘partner institution’ means a pri- lyze, and use data on the retention of all spective teachers have an understanding of vate independent or State-supported public teachers, early childhood education pro- evidence-based learning practices and pos- institution of higher education, or a consor- viders, or principals in schools located in the sess strong teaching skills. tium of such institutions, that has not been geographic areas served by the partnership ‘‘(4) STATE CERTIFICATION RECIPROCITY.—Es- designated under section 208(a) and the to evaluate the effectiveness of its educator tablishing and promoting reciprocity of cer- teacher preparation program of which dem- support system; tification or licensing between or among onstrates that— ‘‘(4) contain a certification from the part- States for general and special education ‘‘(A) graduates from the teacher prepara- nership that it has reviewed the application teachers and principals, except that no reci- tion program who intend to enter the field of and determined that the grant proposed will procity agreement developed pursuant to teaching exhibit strong performance on comply with subsection (f); this paragraph or developed using funds pro- State-determined qualifying assessments ‘‘(5) include, for the residency program de- vided under this part may lead to the weak- and are highly qualified; or scribed in subsection (d)(3)— ening of any State certification or licensing ‘‘(B) the teacher preparation program re- ‘‘(A) a demonstration that the schools and requirement that is shown through evidence- quires all the students of the program to par- departments within the institution of higher based research to ensure teacher and prin- ticipate in intensive clinical experience, to education that are part of the residency pro- cipal quality and student achievement. meet high academic standards, to possess gram have relevant and essential roles in the ‘‘(5) RECRUITMENT AND RETENTION.—Devel- strong teaching skills, and— effective preparation of teachers, including oping and implementing effective mecha- ‘‘(i) in the case of prospective elementary content expertise and expertise in the nisms to ensure that local educational agen- school and secondary school teachers, to be- science of teaching and learning; cies and schools are able to effectively re- come highly qualified; and ‘‘(B) a demonstration of capability and cruit and retain highly qualified teachers, ‘‘(ii) in the case of prospective early child- commitment to evidence-based teaching and highly competent early childhood education hood education providers, to become highly accessibility to, and involvement of, faculty providers, and principals, and provide access competent. documented by professional development of- to ongoing professional development oppor- ‘‘(c) APPLICATION.—Each eligible partner- fered to staff and documented experience tunities for teachers, early childhood edu- ship desiring a grant under this section shall with university collaborations; cation providers, and principals, including submit an application to the Secretary at ‘‘(C) a description of how the residency activities described in subsections (d) and (e) such time, in such manner, and accompanied program will design and implement an in- of section 204. by such information as the Secretary may duction period to support all new teachers ‘‘(6) SOCIAL PROMOTION.—Development and require. Each such application shall— through the first 3 years of teaching in the implementation of efforts to address the ‘‘(1) contain a needs assessment of all the further development of their teaching skills, problem of social promotion and to prepare partners with respect to the preparation, on- including use of mentors who are trained and teachers, principals, administrators, and par- going training, and professional development compensated by such program for their work ents to effectively address the issues raised of early childhood education providers, gen- with new teachers; and by ending the practice of social promotion.’’. eral and special education teachers, and ‘‘(D) a description of how faculty involved SEC. 4. PARTNERSHIP GRANTS. principals, the extent to which the program in the residency program will be able to sub- Section 203 of the Higher Education Act of prepares new teachers with strong teaching stantially participate in an early childhood 1965 (20 U.S.C. 1023) is amended to read as fol- skills, a description of how the partnership education program or an elementary or sec- lows: will coordinate strategies and activities with ondary classroom setting, including release

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.058 S22PT1 S4306 CONGRESSIONAL RECORD — SENATE April 22, 2004 time and receiving workload credit for their cluding preparation time and release time, istrators, whereby the residency program ac- participation; and for such interaction. tivities and practices— ‘‘(6) include an assurance that the partner- ‘‘(3) RESIDENCY PROGRAMS FOR NEW TEACH- ‘‘(i) inform the research of faculty and ship has mechanisms in place to measure and ERS.—Creating a residency program that pro- other researchers; and assess the effectiveness and impact of the ac- vides an induction period for all new general ‘‘(ii) translate evidence-based research tivities to be undertaken, including on stu- education and special education teachers for findings into improved practice techniques dent achievement. such teachers’ first 3 years. Such program and improved teacher preparation programs; ‘‘(d) REQUIRED USES OF FUNDS.—An eligible shall promote the integration of the science and partnership that receives a grant under this of teaching and learning in the classroom, ‘‘(F) includes the rotation, for varying pe- section shall use the grant funds to carry out provide high-quality mentoring opportuni- riods of time, of experienced teachers— the following activities, as applicable to ties, provide opportunities for the dissemina- ‘‘(i) who are associated with the partner- teachers, early childhood education pro- tion of evidence-based research on edu- ship to early childhood education programs, viders, or principals, in accordance with the cational practices, and provide for opportu- elementary schools, or secondary schools not needs assessment required under subsection nities to engage in professional development associated with the partnership in order to (c)(1): activities offered through professional asso- enable such experienced teachers to act as a ciations of educators. Such program shall ‘‘(1) REFORMS.—Implementing reforms resource for all teachers in the local edu- draw directly upon the expertise of teacher within teacher preparation programs, where cational agency or State; and mentors, faculty, and researchers that in- needed, to hold the programs accountable for ‘‘(ii) who are not associated with the part- volves their active support in providing a preparing teachers who are highly qualified nership to early childhood education pro- setting for integrating evidence-based prac- or early childhood education providers who grams, elementary schools, or secondary tice for prospective teachers, including rig- are highly competent and for promoting schools associated with the partnership in orous, supervised training in high-quality strong teaching skills, including integrating order to enable such experienced teachers to teaching settings that promotes the fol- reliable evidence-based teaching methods observe how teaching and professional devel- lowing: into the curriculum, which curriculum shall opment occurs in the partnership. ‘‘(A) Knowledge of the scientific research include parental involvement training and ‘‘(5) SUPPORT FOR PARTICIPANTS.—Providing on teaching and learning. support for those individuals participating in programs designed to successfully integrate ‘‘(B) Development of skills in evidence- technology into teaching and learning. Such the required activities under paragraphs (1) based educational interventions. through (4) who serve as role models or men- reforms shall include— ‘‘(C) Faculty who model the integration of ‘‘(A) teacher preparation program cur- tors for prospective, new, and experienced research and practice in the classroom, and teachers, based on such individuals’ experi- riculum changes that improve, and assess the effective use and integration of tech- how well all new teachers develop, teaching ence. Such support— nology. ‘‘(A) also may be provided to the preservice skills; ‘‘(D) Interdisciplinary collaboration among ‘‘(B) use of scientific knowledge about the clinical experience participants, as appro- exemplary teachers, faculty, researchers, priate; and disciplines of teaching and learning so that and other staff who prepare new teachers on all prospective teachers understand evi- ‘‘(B) may include— the learning process and the assessment of ‘‘(i) release time for such individual’s par- dence-based learning practices and possess learning. ticipation; teaching skills that enable them to meet the ‘‘(E) A forum for information sharing ‘‘(ii) receiving course workload credit and learning needs of all students; among prospective teachers, teachers, prin- compensation for time teaching in the part- ‘‘(C) assurances that all teachers have a cipals, administrators, and participating fac- nership activities; and sufficient base of scientific knowledge to un- ulty in the partner institution. ‘‘(iii) stipends. derstand and respond effectively to students ‘‘(F) Application of scientifically based re- ‘‘(6) LEADERSHIP AND MANAGERIAL SKILLS.— with special needs, such as providing instruc- search on teaching and learning generated ‘‘(A) IN GENERAL.—Developing and imple- tion to diverse student populations, includ- by entities such as the Institute of Edu- menting proven mechanisms to provide prin- ing students with disabilities, limited- cation Sciences and by the National Re- cipals, superintendents, early childhood edu- English proficient students, and students search Council. cation program directors, and administra- with different learning styles or other spe- ‘‘(4) PROFESSIONAL DEVELOPMENT.—Cre- cial learning needs; ating opportunities for enhanced and ongo- tors (and mentor teachers, as practicable) ‘‘(D) assurances that the most recent sci- ing professional development for experienced with— entifically based research, including re- general education and special education ‘‘(i) an understanding of the skills and be- search relevant to particular fields of teach- teachers, early childhood education pro- haviors that contribute to effective instruc- ing, is incorporated into professional devel- viders, principals, administrators, and fac- tional leadership and the maintenance of a opment activities used by faculty; and ulty that— safe and effective learning environment; ‘‘(E) working with and involving parents in ‘‘(A) improves the academic content ‘‘(ii) teaching and assessment skills needed their children’s education to improve the knowledge, as well as knowledge to assess to support successful classroom teaching; academic achievement of their children and student academic achievement and how to ‘‘(iii) an understanding of how students in the teacher preparation program reform use the results of such assessments to im- learn and develop in order to increase process. prove instruction, of teachers in the subject achievement for all students; and ‘‘(2) CLINICAL EXPERIENCE AND INTER- matter or academic content areas in which ‘‘(iv) the skills to effectively involve par- ACTION.—Developing and providing sustained the teachers are certified to teach or in ents. and high-quality preservice clinical edu- which the teachers are working toward cer- ‘‘(B) MECHANISMS.—The mechanisms devel- cation programs to further develop the tification to teach; oped and implemented pursuant to subpara- teaching skills of all general education ‘‘(B) promotes strong teaching skills and graph (A) may include any of the following: teachers and special education teachers, at an understanding of how to apply scientific ‘‘(i) Mentoring of new principals. schools within the partnership, at the school knowledge about teaching and learning to ‘‘(ii) Field-based experiences, supervised or department of education within the part- their teaching practice and to their ongoing practica, or internship opportunities. ner institution, or at evidence-based practice classroom assessment of students; ‘‘(iii) Other activities to expand the knowl- school settings. Such programs shall— ‘‘(C) provides mentoring, team teaching, edge base and practical skills of principals, ‘‘(A) incorporate a year-long, rigorous, and reduced class schedules, and intensive pro- superintendents, early childhood education enriching activity or combination of activi- fessional development; program directors, and administrators (and ties, including— ‘‘(D) encourages and supports training of mentor teachers, as practicable). ‘‘(i) clinical learning opportunities; teachers, principals, and administrators to ‘‘(e) ALLOWABLE USES OF FUNDS.—An eligi- ‘‘(ii) field experiences; and effectively use and integrate technology— ble partnership that receives a grant under ‘‘(iii) supervised practica; and ‘‘(i) into curricula and instruction, includ- this section may use such funds to carry out ‘‘(B) be offered over the course of a pro- ing training to improve the ability to col- the following activities: gram of preparation and coursework (that lect, manage, and analyze data to improve ‘‘(1) DISSEMINATION AND COORDINATION.— may be developed as a 5th year of a teacher teaching, decisionmaking, school improve- Broadly disseminating information on effec- preparation program) for prospective general ment efforts, and accountability; tive practices used by the partnership, in- and special education teachers, including the ‘‘(ii) to enhance learning by children, in- cluding teaching strategies and interactive mentoring in instructional skills, classroom cluding students with disabilities, limited- materials for developing skills in classroom management skills, and strategies to effec- English proficient students, and students management and assessment and how to re- tively assess student progress and achieve- with different learning styles or other spe- spond to individual student needs, abilities, ment, and substantially increasing closely cial learning needs; and and backgrounds, to early childhood edu- supervised interaction between faculty and ‘‘(iii) to effectively communicate, work cation providers and teachers in elementary new and experienced teachers, principals, with, and involve parents in their children’s schools or secondary schools that are not as- and other administrators at early childhood education; sociated with the partnership. Coordinating education programs, elementary schools, or ‘‘(E) creates an ongoing retraining loop for with the activities of the Governor, State secondary schools, and providing support, in- experienced teachers, principals, and admin- board of education, State higher education

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.058 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4307 agency, and State educational agency, as ap- cluding principals and early childhood edu- expertise, or experience, to evaluate applica- propriate. cation providers, or both, who are enrolled tions for grants under this part. A majority ‘‘(2) CURRICULUM PREPARATION.—Sup- in, accepted to, or plan to participate in of the panel shall be composed of individuals porting preparation time for early childhood teacher preparation programs or professional who are not employees of the Federal Gov- education providers, teachers in elementary development activities, as described under ernment.’’; schools or secondary schools, and faculty to section 203, in geographic areas of greatest (C) by inserting after paragraph (2) the fol- jointly design and implement teacher prepa- need, including data on the retention rate, lowing: ration curricula, classroom experiences, and by school, of all teachers in schools located ‘‘(3) EVALUATION AND PRIORITY.—The peer ongoing professional development opportuni- within the geographic areas served by the el- review panel shall evaluate the applicants’ ties that promote the acquisition and contin- igible applicant; proposals to improve the current and future ued growth of teaching skills. ‘‘(3) a description of the activities the eli- teaching force through program and certifi- ‘‘(3) COMMUNICATION SKILLS.—Developing gible applicant will carry out with the grant; cation reforms, teacher preparation program strategies and curriculum-based professional and activities (including implementation and as- development activities to enhance prospec- ‘‘(4) a description of the eligible applicant’s sessment strategies), and professional devel- tive teachers’ communication skills with plan for continuing the activities carried out opment activities described in sections 202, students, parents, colleagues, and other edu- with the grant once Federal funding ceases. 203, and 204, as appropriate. In recom- cation professionals. ‘‘(d) REQUIRED USES OF FUNDS.—An eligible mending applications to the Secretary for ‘‘(4) COORDINATION WITH OTHER INSTITUTIONS applicant receiving a grant under this sec- funding under this part, the peer review OF HIGHER EDUCATION.—Coordinating with tion shall use the grant funds— panel shall— other institutions of higher education, in- ‘‘(1)(A) to award scholarships to help stu- ‘‘(A) with respect to grants under section cluding community colleges, to implement dents pay the costs of tuition, room, board, 202, give priority to eligible States that— teacher preparation programs that support and other expenses of completing a teacher ‘‘(i) have initiatives to reform State pro- prospective teachers in obtaining bacca- preparation program; gram approval requirements for teacher laureate degrees and State certification or ‘‘(B) to provide support services, if needed, preparation programs that are designed to licensure. to enable scholarship recipients to complete ensure that current and future teachers are ‘‘(5) TEACHER RECRUITMENT.—Activities de- postsecondary education programs; highly qualified and possess strong teaching scribed in subsections (d) and (e) of section ‘‘(C) for followup services (including men- skills, knowledge to assess student academic 204. toring and professional development activi- achievement, and the ability to use this in- ‘‘(f) SPECIAL RULE.—No individual member ties) provided to former scholarship recipi- formation in such teachers’ classroom in- of an eligible partnership shall retain more ents during the recipients first 3 years of struction; than 50 percent of the funds made available teaching; and ‘‘(ii) include innovative reforms to hold in- to the partnership under this section. ‘‘(D) in the case where the eligible appli- stitutions of higher education with teacher ‘‘(g) CONSTRUCTION.—Nothing in this sec- cant also receives a grant under section 203, preparation programs accountable for pre- tion shall be construed to prohibit an eligi- for support for mentor teachers who partici- paring teachers who are highly qualified and ble partnership from using grant funds to co- pate in the residency program; or have strong teaching skills; or ordinate with the activities of more than 1 ‘‘(2) to develop and implement effective ‘‘(iii) involve the development of innova- Governor, State board of education, State mechanisms, including a professional devel- tive efforts aimed at reducing the shortage educational agency, local educational agen- opment system and career ladders, to ensure of— cy, or State agency for higher education.’’. that high-need local educational agencies, ‘‘(I) highly qualified teachers in high-pov- SEC. 5. RECRUITMENT GRANTS. high-need schools, and early childhood edu- erty urban and rural areas; and Section 204 of the Higher Education Act of cation programs are able to effectively re- ‘‘(II) highly qualified teachers in fields 1965 (20 U.S.C. 1024) is amended to read as fol- cruit and retain highly competent early with persistently high teacher shortages, lows: childhood education providers, highly quali- such as special education; ‘‘SEC. 204. RECRUITMENT GRANTS. fied teachers, and principals. ‘‘(B) with respect to grants under section ‘‘(a) PROGRAM AUTHORIZED.—From ‘‘(e) ALLOWABLE USE OF FUNDS.—An eligi- 203— amounts made available under section 211(3) ble applicant receiving a grant under this ‘‘(i) give priority to applications from eli- for a fiscal year, the Secretary is authorized section may use the grant funds to carry out gible partnerships that involve broad partici- to award grants, on a competitive basis, to the following: pation within the community, including eligible applicants to enable the eligible ap- ‘‘(1) OUTREACH.—Conducting outreach and businesses; and plicants to carry out activities described in coordinating with inner city and rural sec- ‘‘(ii) take into consideration— subsections (d) and (e). ondary schools to encourage students to pur- ‘‘(I) providing an equitable geographic dis- ‘‘(b) ELIGIBLE APPLICANT DEFINED.—In this sue teaching as a career. tribution of the grants throughout the part, the term ‘eligible applicant’ means— ‘‘(2) EARLY CHILDHOOD EDUCATION COM- United States; and ‘‘(1) an eligible State described in section PENSATION.—For eligible applicants focusing ‘‘(II) the potential of the proposed activi- 202(b) that has— on early childhood education, implementing ties for creating improvement and positive ‘‘(A) high teacher shortages or turnover initiatives that increase compensation of change; and rates; or early childhood education providers who at- ‘‘(C) with respect to grants under section ‘‘(B) high teacher shortages or turnover tain degrees in early childhood education. 204, give priority to eligible applicants that rates in high-need local educational agen- ‘‘(f) SERVICE REQUIREMENTS.—The Sec- have in place, or in progress, articulation cies; or retary shall establish such requirements as agreements between 2- and 4-year public and ‘‘(2) an eligible partnership described in the Secretary finds necessary to ensure that private institutions of higher education and section 203(b) that— recipients of scholarships under this section nonprofit providers of professional develop- ‘‘(A) serves not less than 1 high-need local who complete teacher education programs ment with demonstrated experience in pro- educational agency with high teacher short- subsequently teach in a high-need local edu- fessional development activities.’’; and ages or turnover rates ; cational agency, for a period of time equiva- (D) by adding at the end the following: ‘‘(B) serves schools that demonstrate great lent to the period for which the recipients re- ‘‘(5) PAYMENT OF FEES AND EXPENSES OF difficulty meeting State challenging aca- ceive scholarship assistance, or repay the CERTAIN MEMBERS.—The Secretary may use demic content standards; or amount of the scholarship. The Secretary available funds appropriated to carry out ‘‘(C) demonstrates great difficulty meeting shall use any such repayments to carry out this part to pay the expenses and fees of peer the requirement that teachers be highly additional activities under this section.’’. review panel members who are not employ- qualified. SEC. 6. ADMINISTRATIVE PROVISIONS. ees of the Federal Government.’’; and ‘‘(c) APPLICATION.—Any eligible applicant Section 205 of the Higher Education Act of (c) by striking subsection (e) and inserting desiring to receive a grant under this section 1965 (20 U.S.C. 1025) is amended— the following: shall submit an application to the Secretary (1) in subsection (a)— ‘‘(e) TECHNICAL ASSISTANCE.—For each fis- at such time, in such form, and containing (A) in the heading, by striking ‘‘ONE-TIME cal year, the Secretary may expend not more such information as the Secretary may re- AWARDS;’’; than $500,000 or 0.75 percent of the funds ap- quire, including— (B) by striking paragraph (2); and propriated to carry out this title for such fis- ‘‘(1) a description of the assessment that (C) by redesignating paragraph (3) as para- cal year, whichever amount is greater, to the eligible applicant, and the other entities graph (2); provide technical assistance to States and with whom the eligible applicant will carry (2) in subsection (b)— partnerships receiving grants under this out the grant activities, have undertaken to (A) by redesignating paragraph (3) as para- part.’’. determine the most critical needs of the par- graph (4); SEC. 7. ACCOUNTABILITY AND EVALUATION. ticipating high-need local educational agen- (B) by striking paragraph (2) and inserting Section 206 of the Higher Education Act of cies; the following: 1965 (20 U.S.C. 1026) is amended— ‘‘(2) a description of how the eligible appli- ‘‘(2) COMPOSITION OF PANEL.—The peer re- (1) in subsection (a)— cant will recruit and retain highly qualified view panel shall be composed of experts who (A) in the matter preceding paragraph (1), teachers or other qualified individuals, in- are competent, by virtue of their training, by striking ‘‘Committee on Labor and

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.058 S22PT1 S4308 CONGRESSIONAL RECORD — SENATE April 22, 2004 Human Resources’’ and inserting ‘‘Com- ‘‘(1) increased demonstration by program tification routes meet the same State stand- mittee on Health, Education, Labor, and graduates of teaching skills grounded in sci- ards and criteria for teacher certification or Pensions’’; entific knowledge about the disciplines of licensure,’’ after ‘‘if any,’’; (B) in paragraph (2), by striking ‘‘, includ- teaching and learning; (E) in paragraph (8)— ing,’’ and all that follows through the period ‘‘(2) increased student achievement for all (i) by striking ‘‘teacher candidate’’ and in- and inserting ‘‘as a highly qualified teach- students as measured by the partnership, in- serting ‘‘prospective teacher’’; and er.’’; cluding mechanisms to measure student (ii) by inserting ‘‘(including the ability to (C) in paragraph (3)— achievement due to the specific activities provide instruction to diverse student popu- (i) by striking ‘‘highly’’; and conducted by the partnership; lations, including students with disabilities, (ii) by striking the period at the end and ‘‘(3) increased teacher retention in the first limited-English proficient students, and stu- inserting ‘‘that meet the same standards and 3 years of a teacher’s career based, in part, dents with different learning styles or other criteria of State certification or licensure on teacher retention data collected as de- special learning needs)’’ after ‘‘skills’’; programs.’’; scribed in section 203(c)(3)(H); (F) by adding at the end the following: (D) by striking paragraph (4) and inserting ‘‘(4) increased success in the pass rate for ‘‘(10) Information on the extent to which the following: initial State certification or licensure of teachers or prospective teachers in each teachers; ‘‘(4) TEACHER AND PROVIDER QUALIFICA- State are prepared to work in partnership ‘‘(5) increased percentage of elementary TIONS.— with parents and involve parents in their school and secondary school classes taught ‘‘(A) ELEMENTARY AND SECONDARY SCHOOL children’s education.’’; by teachers who are highly qualified; CLASSES.—Increasing the percentage of ele- (4) in subsection (b)(1), as redesignated by ‘‘(6) increased percentage of early child- mentary school and secondary school classes paragraph (2)— hood education program classes taught by taught by teachers— (A) by striking ‘‘not later than 6 months of providers who are highly competent; ‘‘(i) who are highly qualified; the date of enactment of the Higher Edu- ‘‘(7) increased percentage of early child- ‘‘(ii) who have completed preparation pro- cation Amendments of 1998 and’’; hood education programs and elementary grams that provide such teachers with the (B) by striking ‘‘subsection (b)’’ and insert- school and secondary school classes taught scientific knowledge about the disciplines of ing ‘‘subsection (a)’’; by providers and teachers who demonstrate teaching, learning, and child and adolescent (C) by striking ‘‘Committee on Labor and clinical judgment, communication, and prob- Human Resources’’ and inserting ‘‘Com- development so the teachers understand and lem-solving skills resulting from participa- use evidence-based teaching skills to meet mittee on Health, Education, Labor, and tion in a residency program; Pensions’’; and the learning needs of all students; or ‘‘(8) increased percentage of qualified spe- ‘‘(iii) who have completed a residency pro- (D) by striking ‘‘not later than 9 months cial education teachers; after the date of enactment of the Higher gram throughout their first 3 years of teach- ‘‘(9) increased number of general education ing that includes mentoring by faculty who Education Amendments of 1998’’; teachers trained in working with students (5) in subsection (c)(1), as redesignated by are trained and compensated for their work with disabilities, limited-English proficient with new teachers. paragraph (2)— students, and students with different learn- (A) by striking ‘‘(9) of subsection (b)’’ and ‘‘(B) EARLY CHILDHOOD EDUCATION PRO- ing styles or other special learning needs; inserting ‘‘(10) of subsection (a)’’; and GRAMS.—Increasing the percentage of class- ‘‘(10) increased number of teachers trained (B) by striking ‘‘and made available not rooms in early childhood education pro- in technology; and later than 2 years 6 months after the date of grams taught by providers who are highly ‘‘(11) increased number of teachers, early enactment of the Higher Education Amend- competent.’’; childhood education providers, or principals ments of 1998 and annually thereafter’’ and (E) by striking paragraph (5) and inserting prepared to work effectively with parents.’’; inserting ‘‘, and made available annually’’; the following: and and ‘‘(5) DECREASING SHORTAGES.—Decreasing (3) in subsection (d)— (6) in subsection (e)(1), as redesignated by shortages of— (A) by inserting ‘‘, with particular atten- paragraph (2)— ‘‘(A) qualified teachers and principals in tion to the reports and evaluations provided poor urban and rural areas; and by the eligible States and eligible partner- (A) by striking ‘‘not later than 18 months ‘‘(B) qualified teachers in fields with per- ships pursuant to this section,’’ after ‘‘fund- after the date of enactment of the Higher sistently high teacher shortages, such as spe- ed under this part’’; and Education Amendments of 1998 and annually cial education.’’; and (B) by striking ‘‘Committee on Labor and thereafter, shall report’’ and inserting ‘‘shall (F) by striking paragraph (6) and inserting Human Resources’’ and inserting ‘‘Com- report annually’’; and the following: mittee on Health, Education, Labor, and (B) by striking ‘‘methods established under ‘‘(6) INCREASING OPPORTUNITIES FOR PROFES- Pensions’’. subsection (a)’’ and inserting ‘‘reporting methods developed for teacher preparation SIONAL DEVELOPMENT.—Increasing opportuni- SEC. 8. ACCOUNTABILITY FOR PROGRAMS THAT ties for enhanced and ongoing professional PREPARE TEACHERS. programs’’. development that— Section 207 of the Higher Education Act of SEC. 9. STATE FUNCTIONS. ‘‘(A) improves— 1965 (20 U.S.C. 1027) is amended— Section 208 of the Higher Education Act of ‘‘(i) the knowledge and skills of early (1) by striking subsection (a); 1965 (20 U.S.C. 1028) is amended— childhood education providers; (2) by redesignating subsections (b) (1) in subsection (a)— ‘‘(ii) the knowledge of teachers in special through (f) as subsections (a) through (e), re- (A) by striking ‘‘, not later than 2 years education; spectively; after the date of enactment of the Higher ‘‘(iii) the knowledge and skills to assess (3) in subsection (a), as redesignated by Education Amendments of 1998,’’; student academic achievement and use the paragraph (2)— (B) by inserting ‘‘and within entities pro- results of such assessments to improve in- (A) in the matter preceding paragraph (1), viding alternative routes to teacher prepara- struction; or by striking ‘‘, within 2 years’’ and all that tion’’ after ‘‘institutions of higher edu- ‘‘(iv) the knowledge of subject matter or follows through ‘‘the following’’ and insert- cation’’; academic content areas— ing ‘‘, on an annual basis and in a uniform (C) by inserting ‘‘and entities’’ after ‘‘low- ‘‘(I) in which the teachers are certified or and comprehensible manner that conforms performing institutions’’; licensed to teach; or with the definitions and reporting methods (D) by inserting ‘‘and entities’’ after ‘‘(II) in which the teachers are working to- previously developed for teacher preparation ‘‘those institutions’’; and ward certification or licensure to teach; programs by the Commissioner of the Na- (E) by striking ‘‘207(b)’’ and inserting ‘‘(B) promotes strong teaching skills and tional Center for Education Statistics, a ‘‘207(a)’’; an understanding of how to apply scientific State report card on the quality of teacher (2) by redesignating subsections (b) and (c) knowledge about teaching and learning to preparation in the State, which shall include as subsections (c) and (d), respectively; teachers’ teaching practice and to teachers’ not less than the following’’; (3) by inserting after subsection (a) the fol- ongoing classroom assessment of students; (B) in paragraph (4)— lowing: and (i) by striking ‘‘teaching candidates’’ and ‘‘(b) TEACHER QUALITY PLAN.—In order to ‘‘(C) provides enhanced instructional lead- inserting ‘‘prospective teachers’’; and receive funds under this Act, a State shall ership and management skills for prin- (ii) by striking ‘‘candidate’’ and inserting submit a State teacher quality plan that— cipals.’’; ‘‘prospective teacher’’; ‘‘(1) details how such funds will ensure that (2) in subsection (b)— (C) in paragraph (5)— all teachers are highly qualified; and (A) in the matter preceding paragraph (1), (i) by striking ‘‘teaching candidates’’ and ‘‘(2) indicates whether each teacher prepa- by striking ‘‘for’’ and inserting ‘‘for teach- inserting ‘‘prospective teachers’’; ration program in the State that has not ers, early childhood education providers, or (ii) by striking ‘‘teacher candidate’’ and in- been designated as low-performing under principals, as appropriate, according to the serting ‘‘prospective teacher’’; and subsection (a) is of sufficient quality to meet needs analysis required under section (iii) by striking ‘‘candidate’s’’ and insert- all State standards and produce highly quali- 203(c)(1), for’’; and ing ‘‘teacher’s’’; fied teachers with the teaching skills needed (B) by striking paragraphs (1) through (6) (D) in paragraph (7), by inserting ‘‘how the to teach effectively in the schools of the and inserting the following: State has ensured that the alternative cer- State.’’;

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.058 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4309 (4) in subsection (c), as redesignated by prove teaching practice and student achieve- However, there is a need and even an paragraph (2)— ment in school settings, and who are capable opportunity to find common ground. (A) in paragraph (1), by striking ‘‘of Edu- of providing professional development to fac- We can move toward a goal we all cation’’; and ulty and others responsible for preparing share, reducing the number of unin- (B) in paragraph (2), by striking ‘‘of this teachers, early childhood education pro- Act’’; and viders, principals, and administrators. tended pregnancies in America. It is (5) in subsection (d), as redesignated by ‘‘(2) PROFESSIONAL DEVELOPMENT CUR- possible. And it is necessary to come paragraph (2), by striking ‘‘subsection (b)(2)’’ RICULA.—Develop a series of professional de- together and enact effective legislation and inserting ‘‘subsection (c)(2)’’. velopment curricula to be used by the Acad- to prevent unintended pregnancies, re- SEC. 10. ACADEMIES FOR FACULTY EXCELLENCE. emies for Faculty Excellence and dissemi- duce the number of abortions per- Part A of title II of the Higher Education nated broadly to teacher preparation pro- formed in this country, and address the Act of 1965 (20 U.S.C. 1021 et seq.) is amend- grams nationwide. unmet health care needs of American ed— ‘‘(3) PROFESSIONAL DEVELOPMENT EXPERI- women. ENCES.—Support the development of a range (1) by redesignating section 210 as section We can only find common ground by 211; and of ongoing professional development experi- (2) by inserting after section 209 the fol- ences (including the use of the Internet) for being honest with each other. We can lowing: faculty to ensure that such faculty are find not only common ground but also ‘‘SEC. 210. ACADEMIES FOR FACULTY EXCEL- knowledgeable about effective evidence- common sense solutions in this legisla- LENCE. based practice in teaching and learning. tion which I am introducing entitled ‘‘(a) PROGRAM AUTHORIZED.—From Such experiences shall promote joint faculty ‘‘Putting Prevention First.’’ I am activities that link content and pedagogy. amounts made available under subsection pleased that Senators CHAFEE, BOXER, (e), the Secretary is authorized to award ‘‘(4) DEVELOPMENT PROGRAMS.—Provide fel- lowships, scholarships, and stipends for MURRAY, CORZINE and LAUTENBERG are grants to eligible entities to enable such en- joining me as cosponsors of this legis- tities to create Academies for Faculty Excel- teacher educators to participate in various lence. faculty development programs offered by the lation. ‘‘(b) ELIGIBLE ENTITY.—In this section: Academies for Faculty Excellence. The Putting Prevention First Act ‘‘(1) IN GENERAL.—The term ‘eligible enti- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— will help reduce the staggering rates of ty’ means a consortium composed of institu- There are authorized to be appropriated to unintended pregnancies in America. It tions of higher education that— carry out this section $10,000,000 for fiscal will reduce the rate of infection with year 2005 and such sums as may be necessary ‘‘(A) award doctoral degrees in education; sexually transmitted diseases, reduce and for each of the 5 succeeding fiscal years.’’. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. the number of abortions, and improve ‘‘(B) are partner institutions (as such term access to health care for women. is defined in section 203). Section 211 of the Higher Education Act of ‘‘(2) INCLUSIONS.—The term ‘eligible entity’ 1965, as redesignated by section 10, is amend- Specifically, the Putting Prevention may include the following: ed— First Act will: No. 1, end insurance dis- ‘‘(A) Institutions of higher education (1) by striking ‘‘part $300,000,000 for fiscal crimination against women; No. 2, im- that— year 1999’’ and inserting ‘‘part, other than prove awareness and understanding of ‘‘(i) do not award doctoral degrees in edu- section 210, $500,000,000 for fiscal year 2005’’; emergency contraception; No. 3, ensure cation; and (2) by striking ‘‘4 succeeding’’ and insert- ing ‘‘5 succeeding’’; that rape victims have information ‘‘(ii) are partner institutions (as such term about emergency contraception and ac- is defined in section 203). (3) in paragraph (1), by striking ‘‘45’’ and ‘‘(B) Nonprofit entities with expertise in inserting ‘‘20’’; cess to emergency contraception; No. 4, preparing highly qualified teachers. (4) in paragraph (2), by striking ‘‘45’’ and increase funding for the National Fam- ‘‘(c) APPLICATION.—An eligible entity desir- inserting ‘‘60’’; and ily Planning Program; No. 5, provide ing to receive a grant under this section (5) in paragraph (3), by striking ‘‘10’’ and funding to allow States to implement a shall submit an application to the Secretary inserting ‘‘20’’. comprehensive approach to sexuality at such time, in such manner, and con- education that includes information By Mr. REID (for himself, Mr. taining such information as the Secretary about both abstinence and contracep- CHAFEE, Mrs. BOXER, Mrs. MUR- may require, including— tion; No. 6, expands teen pregnancy ‘‘(1) a description of how the eligible entity RAY, Mrs. CLINTON, Mr. prevention programs; and, No. 7 allows will provide professional development that is CORZINE, and Mr. LAUTENBERG): grounded in scientifically based research to S. 2336. A bill to expand access to pre- States to expand Medicaid family plan- faculty; ventive health care services and edu- ning services to low-income women ‘‘(2) evidence that the eligible entity is cation programs that help reduce unin- without having to apply for a waiver well versed in current scientifically based re- from the Federal Government. search related to teaching and learning tended pregnancy, reduce infection with sexually transmitted disease, and Nationwide, about one-half of all across content areas and fields; pregnancies are unintended and half of ‘‘(3) a description of the assessment that reduce the number of abortions; to the the eligible entity will undertake to deter- Committee on Health, Education, those end in abortion. This is not just mine the most critical needs of the faculty Labor, and Pensions. a health problem; it is a public health who will be served by the Academies for Fac- Mr. REID. Mr. President, I introduce tragedy. But it does not have to be this ulty Excellence; and a bill on behalf of myself, Mr. CHAFEE, way. Most of the unintended preg- ‘‘(4) a description of the activities the eli- Mrs. BOXER, Mrs. MURRAY, Mrs. CLIN- nancies and resulting abortions can be gible entity will carry out with grant funds prevented. We must work together to received under this section, how the entity TON, Mr. CORZINE, and Mr. LAUTEN- BERG. make that happen, we can find a com- will include faculty in the activities, and mon ground. how the entity will conduct these activities We are very fortunate to live in a in collaboration with programs and projects democratic nation where we can ex- One of the most important steps we that receive Federal funds from the Institute press our opinions freely. That is what can take to prevent unintended preg- of Education Sciences. America is all about. We can attempt nancies is ensuring that American ‘‘(d) REQUIRED USE OF FUNDS.—Each eligi- to influence the policies of our Govern- women have access to affordable, effec- ble entity that receives a grant under this ment and even criticize them without tive contraception. section shall use the grant funds to enhance fear of retaliation. We can debate im- I have been on national radio call-in the caliber of teaching undertaken in prepa- shows and talked about legislation I ration programs for teachers, early child- portant issues without fear of retalia- hood education providers, and principals and tion by anyone. have worked on with Senator SNOWE other administrators through the establish- One of the most heated debates in the for so many years to provide for con- ment and maintenance of a postdoctoral sys- last two decades has been the issue of traceptive equity. One time, a woman tem of professional development by carrying abortion. People on both sides of the called and said: I don’t believe in con- out the following: issue feel extremely strong. They have traception. Well, my simple answer to ‘‘(1) RECRUITMENT.—Recruit a faculty of argued, demonstrated, and protested her was: Then don’t use them. But experts who are knowledgeable about sci- with much emotion and passion. The don’t prevent others who have different entifically based research related to teach- beliefs from having the ability to use ing and learning, who have direct experience issue is not going to go away soon. I working with teachers and students in doubt that one side will be able to sud- these contraceptives. school settings, who are capable of imple- denly convince the other to drop its Today, numerous forms of safe and menting scientifically based research to im- deeply held beliefs. highly effective contraception are

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.058 S22PT1 S4310 CONGRESSIONAL RECORD — SENATE April 22, 2004 available by prescription. If used cor- more women to use safe and effective It is difficult to imagine the phys- rectly, they could greatly reduce the means to prevent unintended preg- ical, psychological, and emotional pain rate of unintended pregnancies. nancies. As I said, it is a goal we all endured by a woman who is raped. In One of the greatest obstacles to the share. addition to the violent attack, she use of prescription contraceptives by Contraceptive coverage is much must also worry about the possibility American women is their cost. Women cheaper than other services, including, she could become pregnant. are educated. They know that they as I have said, abortions, sterilizations, The availability of emergency con- work. They simply do not have the and tubal ligations that insurance traception is important for women who money. companies routinely cover. The Fed- survive a sexual assault. A woman Again, on a radio program, a woman eral Employee Health Benefits Pro- could use emergency contraception in called in and said: I have diabetes. I am gram, which has provided contracep- an emergency, such as if she has been pregnant. I didn’t want to become preg- tive coverage for several years because raped and doesn’t want to become preg- nant. It is not good for me. She said: of an amendment offered on this floor, nant. But my husband’s insurance doesn’t has proved that adding such coverage Compassion is a word we have heard cover the pill. does not increase the cost of a plan. a lot from political leaders in recent It is amazing, but many insurance This commonsense, cost-effective years. Actions speak louder than policies do not cover prescription con- legislation is long overdue. Promoting words. Surely it would be compas- traceptives for women. But they do equity in health insurance coverage for sionate to make emergency contracep- automatically cover tubal ligations, American women, while working to tion available to a woman who is raped vasectomies, abortions, and other such prevent unintended pregnancies and so she doesn’t become impregnated by things that are much more expensive improve the health of women, is by any the thug who brutalized and trauma- than prescription contraception. means the right thing to do. tized her. Now, we have made progress. Federal We should also take additional steps The Putting Prevention First Act in- Employees have access to prescription that would improve access to women’s cludes a provision that has been advo- contraception through the Federal Em- health care for poor and low-income cated by Senators Corzine and Murray. ployees Health Benefits Program. But women. Public health programs such as This provision would require hospitals we shouldn’t limit this benefit to just Medicaid and title X provide high-qual- receiving Federal health dollars to pro- federal employees. vide information about emergency con- We know that women on average ity family planning services and other preventive health care to underinsured traception and make it available to earn less than men, and yet they must sexual assault survivors who are treat- pay far more than men for health-re- or uninsured individuals. Yet these programs are struggling to meet the ed in the emergency room. Simply put, lated expenses. According to the Wom- emergency contraception should be growing demand for subsidized family en’s Research and Education Institute, made available in an emergency room. planning services without cor- women of reproductive age pay 68 per- Emergency contraception and emer- cent more in out-of-pocket costs for responding increases in funding. gency rooms go hand in hand. Women The Putting Prevention First legisla- medical expenses than men, and, of who are the victims of rape should be tion would increase the authorization course, that is largely due to their re- informed of all their options, including for title X, and it would allow States to productive health care needs. emergency contraception. Because many women cannot afford expand Medicaid family planning serv- If they choose that option, it should the prescription contraceptives they ices to women with incomes of up to be available to them right then. would like to use, many go without. 200 percent of the Federal poverty level Emergency contraception has been Far too often, this results in unin- without having to apply to the Federal studied extensively and is regarded as a tended pregnancies. Government for a waiver. safe and effective method to prevent The high cost of prescription contra- This commonsense approach has long unintended pregnancies. Its use has ceptives is not just a problem for the been championed by Senator LINCOLN been recommended by leading medical millions of women without health in- Chafee. My friend and cosponsor of this authorities, including the American surance, but also for millions of Amer- legislation knows that contraceptive Medical Association and the American ican women who do have health insur- use saves scarce public health dollars. College of Obstetricians and Gyne- ance because many insurance plans Every $1 spent on providing family cologists. It has been approved by the that cover prescription drugs do not planning services saves an estimated $3 Food and Drug Administration. An cover contraceptives. So women are in expenditures for pregnancy-related FDA advisory panel has recommended forced to either do without contracep- and newborn care for Medicaid alone. emergency contraception be made tives or pay for them out of pocket The Putting Prevention First Act available without a prescription. This and, as I have given an example or two, would increase the awareness and could prevent 1.7 million unintended many families simply cannot afford it. availability of emergency contracep- pregnancies and 800,000 abortions in This is unfair to women and their fami- tion, an important yet poorly under- America each year. lies and it is a bad policy because it stood form of contraception. Approved Unfortunately, however, emergency causes additional unintended preg- for use by the Food and Drug Adminis- contraception remains for the most nancies and adversely affects the tration, emergency contraception pills part a well-kept secret. Most of the health of women. work to prevent pregnancy, and they women who would use this to prevent Since 1997, Senator OLYMPIA SNOWE cannot disrupt or interrupt an estab- an unintended pregnancy are unaware and I have worked to remedy this prob- lished pregnancy. The emergency con- of its existence, and they don’t know it lem. Today, as part of the Putting Pre- traception pills work to prevent preg- is available, if it is available. Even vention First Act, I am again pro- nancy, not to interrupt and disrupt a many health care providers do not un- posing common-sense legislation that pregnancy. The availability of emer- derstand what emergency contracep- has received bipartisan support. gency contraception is very important tion is, how it works, and who can use The Equity in Prescription Insurance for women who survive a sexual as- it. and Contraceptive Coverage Act— sault. To reduce unintended pregnancies by EPICC, as we call it—requires insur- I can remember a young woman who raising awareness about emergency ance plans that cover prescription worked for me, a teenager. She came to contraception, the Putting Prevention drugs to provide the same coverage for me and said: Could I see you in your of- First Act includes a provision cham- prescription contraceptives. We are not fice? pioned by Senator MURRAY that will asking for special treatment, only eq- I said: Sure. What is the matter? provide funding to develop and dis- uitable treatment within the context She said: I was jumped. tribute information about emergency of an existing prescription drug ben- She was driving through a part of contraception to public health organi- efit. This legislation is simply the fair town alone. Some people pulled her car zations, health care providers, and the thing to do for women. over and they raped her. I sent her to public. I commend Senator MURRAY And making contraception more af- another friend of mine who is an OB/ and appreciate her allowing me to in- fordable and more available will enable GYN. clude this in my legislation.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.096 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4311 These are some of the simple but nec- SEC. 2. FINDINGS. (15) The increasing number of uninsured, essary steps we can and should take to The Congress finds as follows: stagnant funding, health care inflation, new prevent unintended pregnancies. We (1) Although the Centers for Disease Con- and expensive contraceptive technologies, should embrace these measures to pro- trol and Prevention (‘‘CDC’’) included family and improved but expensive screening and planning in its published list of the ‘‘Ten treatment for cervical cancer and STDs, tect the health of American women, have diminished the ability of Title X funded prevent unintended pregnancies, and Great Public Health Achievements in the 20th Century’’, the United States still has clinics to adequately serve all those in need. reduce abortion. It is time to put pre- one of the highest rates of unintended preg- Taking inflation into account, funding for vention first. nancies among industrialized nations. the Title X program declined 57 percent be- I ask unanimous consent that the (2) Each year, three million pregnancies, tween 1980 and 2003. text of the bill be printed in the nearly half of all pregnancies, in the United (16) While Medicaid is the largest source of RECORD. States are unintended; and half of unin- subsidized family planning services, many There being no objection, the bill was tended pregnancies end in abortion. States have had to make significant cuts in their Medicaid programs due to budget pres- ordered to be printed in the RECORD, as (3) In 2000, 34 million women—half of all sures putting many women at risk of losing follows: women of reproductive age (ages 15–44)—were in need of contraceptive services and sup- coverage for family planning services. S. 2336 plies to help prevent unintended pregnancy, (17) In addition, eligibility for Medicaid in Be it enacted by the Senate and House of Rep- and half of those were in need of public sup- many States is severely restricted leaving resentatives of the United States of America in port for such care. family planning services financially out of Congress assembled, (4) The United States also has the highest reach for many poor women. Many States SECTION 1. SHORT TITLE; TABLE OF CONTENTS. rate of infection with sexually transmitted have demonstrated tremendous success with (a) SHORT TITLE.—This Act may be cited as diseases (‘‘STDs’’) of any industrialized Medicaid family planning waivers that allow the ‘‘Putting Prevention First Act’’. country: in 2000 there were approximately them to expand access to Medicaid family (b) TABLE OF CONTENTS.—The table of con- 18.9 million new cases of STDs. planning services. However, the administra- tents for this Act is as follows: (5) Increasing access to family planning tive burden of applying for a waiver poses a services will improve women’s health and re- significant barrier to States that would like Sec. 1. Short title; table of contents. duce the rates of unintended pregnancy, to expand their Medicaid family planning Sec. 2. Findings. abortion, and infection with STDs. Contra- programs. TITLE I—TITLE X OF PUBLIC HEALTH ceptive use saves public health dollars: every (18) Many private health plans still do not SERVICE ACT dollar spent on providing family planning cover contraceptive services and supplies. Sec. 101. Short title. services, saves an estimated $3 in expendi- The lack of contraceptive coverage in health Sec. 102. Authorization of appropriations. tures for pregnancy-related and newborn insurance plans places many effective forms TITLE II—FAMILY PLANNING STATE care for Medicaid alone. of contraception beyond the financial reach EMPOWERMENT (6) Contraception is basic health care that of many women. improves the health of women and children (19) Including contraceptive coverage in Sec. 201. Short title. by enabling women to plan and space births. private health care plans saves employers Sec. 202. State option to provide family (7) Women experiencing unintended preg- money: not covering contraceptives in em- planning services and supplies nancy are at greater risks for physical abuse ployee health plans costs employers 15 to 17 to additional low-income indi- and women having closely spaced births are percent more than providing such coverage. viduals. at greater risk of maternal death. (20) Emergency contraception is a safe and Sec. 203. State option to extend the period of (8) The child born from an unintended effective way to prevent unintended preg- eligibility for provision of fam- pregnancy is at greater risk of low birth nancy after unprotected sex. It is estimated ily planning services and sup- weight, dying in the first year of life, being that the use of emergency contraception plies. abused, and not receiving sufficient re- could cut the number of unintended preg- TITLE III—EQUITY IN PRESCRIPTION IN- sources for healthy development. nancies in half, thereby reducing the need SURANCE AND CONTRACEPTIVE COV- (9) The ability to control fertility also al- for abortion. ERAGE lows couples to achieve economic stability (21) In 2000, 51,000 abortions were prevented Sec. 301. Short title. by facilitating greater educational achieve- by use of emergency contraception; in- Sec. 302. Amendments to Employee Retire- ment and participation in the workforce. creased use of emergency contraception ac- ment Income Security Act of (10) The average American woman desires counted for up to 43 percent of the total de- 1974. two children and spends five years of her life cline in abortions between 1994 and 2000. Sec. 303. Amendments to Public Health pregnant or trying to get pregnant and (22) Access to comprehensive sex education Service Act relating to the roughly 30 years trying to prevent preg- is critical to reducing rates of unintended group market. nancy; without contraception, a sexually ac- pregnancy, abortion, and STD infection Sec. 304. Amendment to Public Health Serv- tive woman has an 85 percent chance of be- among teens. Over 60 percent of teens have ice Act relating to the indi- coming pregnant within a year. had sex before they graduate from high vidual market. (11) Many poor and low-income women can- school and nine out of ten people have sex TITLE IV—EMERGENCY CONTRACEPTION not afford to purchase contraceptive services before they get married. 822,000 teenagers be- EDUCATION AND INFORMATION and supplies on their own. 12.1 million or 20 come pregnant each year; 35 percent of teen percent of all women aged 15–24 were unin- girls become pregnant at least once before Sec. 401. Short title. sured in 2002, and that proportion has in- turning 20; and 78 percent of teenage preg- Sec. 402. Emergency contraception edu- creased by 10 percent since 1999. nancies are unintended. Nearly half (48 per- cation and information pro- (12) Public health programs like Medicaid cent) of new STD cases are among people grams. and Title X, the national family planning ages 15–24, even though these youth make up TITLE V—COMPASSIONATE ASSISTANCE program, provide high-quality family plan- only a quarter of the sexually active popu- FOR RAPE EMERGENCIES ning services and other preventive health lation. Sec. 501. Short title. care to underinsured or uninsured individ- (23) The American Medical Association, Sec. 502. Survivors of sexual assault; provi- uals who may otherwise lack access to the American Nurses Association, the Amer- sion by hospitals of emergency health care. ican Academy of Pediatrics, the American contraceptives without charge. (13) Medicaid is the single largest source of College of Obstetricians and Gynecologists, TITLE VI—FAMILY LIFE EDUCATION public funding for family planning services the American Public Health Association, and and HIV/AIDS care in the United States. the Society for Adolescent Medicine, support Sec. 601. Short title. Half of all public dollars spent on contracep- responsible sexuality education that in- Sec. 602. Findings. tive services and supplies in the United cludes information about both abstinence Sec. 603. Assistance to reduce teen preg- States are provided through Medicaid and and contraception. nancy, HIV/AIDS, and other approximately 5.5 million women of repro- (24) Comprehensive sex education protects sexually transmitted diseases ductive age—nearly one in ten women be- adolescent health. A recent survey found and to support healthy adoles- tween the ages of 15 and 44—rely on Medicaid that only 15 percent of American parents be- cent development. for their basic health care needs. lieve that schools should just teach about Sec. 604. Sense of Congress. (14) Each year, Title X services enable abstinence. Sec. 605. Evaluation of programs. Americans to prevent approximately one (25) A recent study showed that teens who Sec. 606. Definitions. million unintended pregnancies, and one in took pledges to remain virgins until mar- Sec. 607. Appropriations. three women of reproductive age who obtains riage were just as likely to contract STDs as TITLE VII—TEENAGE PREGNANCY testing or treatment for STDs does so at a teens who did not take virginity pledges and PREVENTION Title X-funded clinic. In 2002, Title X-funded that although teens taking the pledges de- Sec. 701. Short title. clinics provided three million Pap tests, 5.2 layed sexual debut, they were less likely to Sec. 702. Teenage pregnancy prevention. million STD tests, and 494,000 HIV tests. use condoms once they were sexually active.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.098 S22PT1 S4312 CONGRESSIONAL RECORD — SENATE April 22, 2004 (26) Teens who receive sex education that ‘‘(xiv) individuals described in section 1935, sional because such professional prescribed includes discussion of contraception are but only with respect to items and services contraceptive drugs or devices, or provided more likely than those who receive absti- described in paragraph (4)(C),’’. contraceptive services, described in sub- nence-only messages to delay sex and to (c) EFFECTIVE DATE.—The amendments section (a), in accordance with this section; have fewer partners and use contraceptives made by this section apply to medical assist- or when they do become sexually active. ance provided on and after October 1, 2004. ‘‘(4) provide incentives (monetary or other- TITLE I—TITLE X OF PUBLIC HEALTH SEC. 203. STATE OPTION TO EXTEND THE PERIOD wise) to a health care professional to induce SERVICE ACT OF ELIGIBILITY FOR PROVISION OF such professional to withhold from a covered FAMILY PLANNING SERVICES AND individual contraceptive drugs or devices, or SEC. 101. SHORT TITLE. SUPPLIES. contraceptive services, described in sub- This Act may be cited as the ‘‘Title X (a) IN GENERAL.—Section 1902(e) of the So- section (a). Family Planning Services Act of 2004’’. cial Security Act (42 U.S.C. 1396a(e)) is ‘‘(c) RULES OF CONSTRUCTION.— SEC. 102. AUTHORIZATION OF APPROPRIATIONS. amended by adding at the end the following ‘‘(1) IN GENERAL.—Nothing in this section For the purpose of making grants and con- new paragraph: shall be construed— tracts under section 1001 of the Public ‘‘(13) At the option of a State, the State ‘‘(A) as preventing a group health plan and Health Service Act, there are authorized to plan may provide that, in the case of an indi- a health insurance issuer providing health be appropriated $643,000,000 for fiscal year vidual who was eligible for medical assist- insurance coverage in connection with a 2005, and such sums as may be necessary for ance described in section 1905(a)(4)(C), but group health plan from imposing each subsequent fiscal year. who no longer qualifies for such assistance deductibles, coinsurance, or other cost-shar- because of an increase in income or resources TITLE II—FAMILY PLANNING STATE ing or limitations in relation to— or because of the expiration of a post-partum EMPOWERMENT ‘‘(i) benefits for contraceptive drugs under period, the individual may remain eligible SEC. 201. SHORT TITLE. the plan or coverage, except that such a de- for such assistance for such period as the ductible, coinsurance, or other cost-sharing This Act may be cited as the ‘‘Family State may specify, but the period of ex- Planning State Empowerment Act’’. or limitation for any such drug shall be con- tended eligibility under this paragraph shall sistent with those imposed for other out- SEC. 202. STATE OPTION TO PROVIDE FAMILY not exceed a continuous period of 24 months PLANNING SERVICES AND SUPPLIES patient prescription drugs otherwise covered for any individual. The State may apply the under the plan or coverage; TO ADDITIONAL LOW-INCOME INDI- previous sentence to one or more classes of VIDUALS. ‘‘(ii) benefits for contraceptive devices individuals and may vary the period of ex- (a) IN GENERAL.—Title XIX of the Social under the plan or coverage, except that such tended eligibility with respect to different Security Act (42 U.S.C. 1396 et seq.) is a deductible, coinsurance, or other cost-shar- classes of individuals.’’. ing or limitation for any such device shall be amended— (b) EFFECTIVE DATE.—The amendments consistent with those imposed for other out- (1) by redesignating section 1935 as section made by subsection (a) apply to medical as- patient prescription devices otherwise cov- 1936; and sistance provided on and after October 1, ered under the plan or coverage; and (2) by inserting after section 1934 the fol- 2004. lowing: ‘‘(iii) benefits for outpatient contraceptive TITLE III—EQUITY IN PRESCRIPTION IN- services under the plan or coverage, except ‘‘STATE OPTION TO PROVIDE FAMILY PLANNING SURANCE AND CONTRACEPTIVE COV- that such a deductible, coinsurance, or other SERVICES AND SUPPLIES TO ADDITIONAL LOW- ERAGE cost-sharing or limitation for any such serv- INCOME INDIVIDUALS SEC. 301. SHORT TITLE. ice shall be consistent with those imposed ‘‘SEC. 1935. This Act may be cited as the ‘‘Equity in for other outpatient health care services oth- ‘‘(a) IN GENERAL.—A State may elect Prescription Insurance and Contraceptive erwise covered under the plan or coverage; (through a State plan amendment) to make Coverage Act’’. ‘‘(B) as requiring a group health plan and a medical assistance described in section SEC. 302. AMENDMENTS TO EMPLOYEE RETIRE- health insurance issuer providing health in- 1905(a)(4)(C) available to any individual not MENT INCOME SECURITY ACT OF surance coverage in connection with a group otherwise eligible for such assistance— 1974. health plan to cover experimental or inves- ‘‘(1) whose family income does not exceed (a) IN GENERAL.—Subpart B of part 7 of tigational contraceptive drugs or devices, or an income level (specified by the State) that subtitle B of title I of the Employee Retire- experimental or investigational contracep- does not exceed the greatest of— ment Income Security Act of 1974 (29 U.S.C. tive services, described in subsection (a), ex- ‘‘(A) 200 percent of the income official pov- 1185 et seq.) is amended by adding at the end cept to the extent that the plan or issuer erty line (as defined by the Office of Manage- the following: provides coverage for other experimental or ment and Budget, and revised annually in ac- ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS investigational outpatient prescription drugs cordance with section 673(2) of the Commu- FOR CONTRACEPTIVES. or devices, or experimental or investiga- nity Services Block Grant Act) applicable to ‘‘(a) REQUIREMENTS FOR COVERAGE.—A tional outpatient health care services; or a family of the size involved; group health plan, and a health insurance ‘‘(C) as modifying, diminishing, or limiting ‘‘(B) in the case of a State that has in ef- issuer providing health insurance coverage the rights or protections of an individual fect (as of the date of the enactment of this in connection with a group health plan, may under any other Federal law. section) a waiver under section 1115 to pro- not— ‘‘(2) LIMITATIONS.—As used in paragraph vide such medical assistance to individuals ‘‘(1) exclude or restrict benefits for pre- (1), the term ‘limitation’ includes— based on their income level (expressed as a scription contraceptive drugs or devices ap- ‘‘(A) in the case of a contraceptive drug or percent of the poverty line), the eligibility proved by the Food and Drug Administra- device, restricting the type of health care income level as provided under such waiver; tion, or generic equivalents approved as sub- professionals that may prescribe such drugs or stitutable by the Food and Drug Administra- or devices, utilization review provisions, and ‘‘(C) the eligibility income level (expressed tion, if such plan or coverage provides bene- limits on the volume of prescription drugs or as a percent of such poverty line) that has fits for other outpatient prescription drugs devices that may be obtained on the basis of been specified under the plan (including or devices; or a single consultation with a professional; or under section 1902(r)(2)), for eligibility of ‘‘(2) exclude or restrict benefits for out- ‘‘(B) in the case of an outpatient contra- pregnant women for medical assistance; and patient contraceptive services if such plan or ceptive service, restricting the type of ‘‘(2) at the option of the State, whose re- coverage provides benefits for other out- health care professionals that may provide sources do not exceed a resource level speci- patient services provided by a health care such services, utilization review provisions, fied by the State, which level is not more re- professional (referred to in this section as requirements relating to second opinions strictive than the resource level applicable ‘outpatient health care services’). prior to the coverage of such services, and under the waiver described in paragraph ‘‘(b) PROHIBITIONS.—A group health plan, requirements relating to preauthorizations (1)(B) or to pregnant women under paragraph and a health insurance issuer providing prior to the coverage of such services. health insurance coverage in connection (1)(C). ‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.— ‘‘(b) FLEXIBILITY.—A State may exercise with a group health plan, may not— The imposition of the requirements of this the authority under subsection (a) with re- ‘‘(1) deny to an individual eligibility, or section shall be treated as a material modi- spect to one or more classes of individuals continued eligibility, to enroll or to renew fication in the terms of the plan described in described in such subsection.’’. coverage under the terms of the plan because section 102(a)(1), for purposes of assuring no- (b) CONFORMING AMENDMENT.—Section of the individual’s or enrollee’s use or poten- tice of such requirements under the plan, ex- 1905(a) of such Act (42 U.S.C. 1396d(a)) is tial use of items or services that are covered cept that the summary description required amended, in the matter before paragraph in accordance with the requirements of this to be provided under the last sentence of sec- (1)— section; tion 104(b)(1) with respect to such modifica- (1) by striking ‘‘and’’ at the end of clause ‘‘(2) provide monetary payments or rebates tion shall be provided by not later than 60 (xii); to a covered individual to encourage such in- days after the first day of the first plan year (2) by adding ‘‘and’’ at the end of clause dividual to accept less than the minimum in which such requirements apply. (xiii); and protections available under this section; ‘‘(e) PREEMPTION.—Nothing in this section (3) by inserting after clause (xiii) the fol- ‘‘(3) penalize or otherwise reduce or limit shall be construed to preempt any provision lowing new clause: the reimbursement of a health care profes- of State law to the extent that such State

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.059 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4313 law establishes, implements, or continues in deductibles, coinsurance, or other cost-shar- (1) by redesignating the first subpart 3 (re- effect any standard or requirement that pro- ing or limitations in relation to— lating to other requirements) as subpart 2; vides coverage or protections for partici- ‘‘(i) benefits for contraceptive drugs under and pants or beneficiaries that are greater than the plan or coverage, except that such a de- (2) by adding at the end of subpart 2 the the coverage or protections provided under ductible, coinsurance, or other cost-sharing following: this section. or limitation for any such drug shall be con- ‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS ‘‘(f) DEFINITION.—In this section, the term sistent with those imposed for other out- FOR CONTRACEPTIVES. ‘outpatient contraceptive services’ means patient prescription drugs otherwise covered ‘‘The provisions of section 2707 shall apply consultations, examinations, procedures, and under the plan or coverage; to health insurance coverage offered by a medical services, provided on an outpatient ‘‘(ii) benefits for contraceptive devices health insurance issuer in the individual basis and related to the use of contraceptive under the plan or coverage, except that such market in the same manner as they apply to methods (including natural family planning) a deductible, coinsurance, or other cost-shar- health insurance coverage offered by a to prevent an unintended pregnancy. ’’. ing or limitation for any such device shall be health insurance issuer in connection with a (b) CLERICAL AMENDMENT.—The table of consistent with those imposed for other out- group health plan in the small or large group contents in section 1 of the Employee Retire- patient prescription devices otherwise cov- market.’’. ment Income Security Act of 1974 (29 U.S.C. ered under the plan or coverage; and (b) EFFECTIVE DATE.—The amendment 1001) is amended by inserting after the item ‘‘(iii) benefits for outpatient contraceptive made by this section shall apply with respect relating to section 713 the following: services under the plan or coverage, except to health insurance coverage offered, sold, ‘‘Sec. 714. Standards relating to benefits for that such a deductible, coinsurance, or other issued, renewed, in effect, or operated in the contraceptives.’’. cost-sharing or limitation for any such serv- individual market on or after January 1, (c) EFFECTIVE DATE.—The amendments ice shall be consistent with those imposed 2005. made by this section shall apply with respect for other outpatient health care services oth- erwise covered under the plan or coverage; TITLE IV—EMERGENCY CONTRACEPTION to plan years beginning on or after January EDUCATION AND INFORMATION 1, 2005. ‘‘(B) as requiring a group health plan and a health insurance issuer providing health in- SEC. 401. SHORT TITLE. SEC. 303. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT RELATING TO THE surance coverage in connection with a group This Act may be cited as the ‘‘Emergency GROUP MARKET. health plan to cover experimental or inves- Contraception Education Act’’. (a) IN GENERAL.—Subpart 2 of part A of tigational contraceptive drugs or devices, or SEC. 402. EMERGENCY CONTRACEPTION EDU- title XXVII of the Public Health Service Act experimental or investigational contracep- CATION AND INFORMATION PRO- (42 U.S.C. 300gg–4 et seq.) is amended by add- tive services, described in subsection (a), ex- GRAMS. ing at the end the following: cept to the extent that the plan or issuer (a) DEFINITIONS.—For purposes of this sec- provides coverage for other experimental or ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS tion: FOR CONTRACEPTIVES. investigational outpatient prescription drugs (1) EMERGENCY CONTRACEPTION.—The term ‘‘(a) REQUIREMENTS FOR COVERAGE.—A or devices, or experimental or investiga- ‘‘emergency contraception’’ means a drug or group health plan, and a health insurance tional outpatient health care services; or device (as the terms are defined in section issuer providing health insurance coverage ‘‘(C) as modifying, diminishing, or limiting 201 of the Federal Food, Drug, and Cosmetic in connection with a group health plan, may the rights or protections of an individual Act (21 U.S.C. 321)) or a drug regimen that not— under any other Federal law. is— ‘‘(1) exclude or restrict benefits for pre- ‘‘(2) LIMITATIONS.—As used in paragraph (A) used after sexual relations; and scription contraceptive drugs or devices ap- (1), the term ‘limitation’ includes— (B) prevents pregnancy, by preventing ovu- proved by the Food and Drug Administra- ‘‘(A) in the case of a contraceptive drug or lation, fertilization of an egg, or implanta- tion, or generic equivalents approved as sub- device, restricting the type of health care tion of an egg in a uterus. stitutable by the Food and Drug Administra- professionals that may prescribe such drugs (2) HEALTH CARE PROVIDER.—The term tion, if such plan or coverage provides bene- or devices, utilization review provisions, and ‘‘health care provider’’ means an individual fits for other outpatient prescription drugs limits on the volume of prescription drugs or who is licensed or certified under State law or devices; or devices that may be obtained on the basis of to provide health care services and who is ‘‘(2) exclude or restrict benefits for out- a single consultation with a professional; or operating within the scope of such license. patient contraceptive services if such plan or ‘‘(B) in the case of an outpatient contra- (3) INSTITUTION OF HIGHER EDUCATION.—The coverage provides benefits for other out- ceptive service, restricting the type of term ‘‘institution of higher education’’ has patient services provided by a health care health care professionals that may provide the same meaning given such term in section professional (referred to in this section as such services, utilization review provisions, 1201(a) of the Higher Education Act of 1965 ‘outpatient health care services’). requirements relating to second opinions (20 U.S.C. 1141(a)). ‘‘(b) PROHIBITIONS.—A group health plan, prior to the coverage of such services, and (4) SECRETARY.—The term ‘‘Secretary’’ and a health insurance issuer providing requirements relating to preauthorizations means the Secretary of Health and Human health insurance coverage in connection prior to the coverage of such services. Services. with a group health plan, may not— ‘‘(d) NOTICE.—A group health plan under (b) EMERGENCY CONTRACEPTION PUBLIC ‘‘(1) deny to an individual eligibility, or this part shall comply with the notice re- EDUCATION PROGRAM.— continued eligibility, to enroll or to renew quirement under section 714(d) of the Em- (1) IN GENERAL.—The Secretary, acting coverage under the terms of the plan because ployee Retirement Income Security Act of through the Director of the Centers for Dis- of the individual’s or enrollee’s use or poten- 1974 with respect to the requirements of this ease Control and Prevention, shall develop tial use of items or services that are covered section as if such section applied to such and disseminate to the public information on in accordance with the requirements of this plan. emergency contraception. section; ‘‘(e) PREEMPTION.—Nothing in this section (2) DISSEMINATION.—The Secretary may ‘‘(2) provide monetary payments or rebates shall be construed to preempt any provision disseminate information under paragraph (1) to a covered individual to encourage such in- of State law to the extent that such State directly or through arrangements with non- dividual to accept less than the minimum law establishes, implements, or continues in profit organizations, consumer groups, insti- protections available under this section; effect any standard or requirement that pro- tutions of higher education, Federal, State, ‘‘(3) penalize or otherwise reduce or limit vides coverage or protections for enrollees or local agencies, clinics and the media. the reimbursement of a health care profes- that are greater than the coverage or protec- (3) INFORMATION.—The information dis- sional because such professional prescribed tions provided under this section. seminated under paragraph (1) shall include, contraceptive drugs or devices, or provided ‘‘(f) DEFINITION.—In this section, the term at a minimum, a description of emergency contraceptive services, described in sub- ‘outpatient contraceptive services’ means contraception, and an explanation of the use, section (a), in accordance with this section; consultations, examinations, procedures, and safety, efficacy, and availability of such con- or medical services, provided on an outpatient traception. ‘‘(4) provide incentives (monetary or other- basis and related to the use of contraceptive (c) EMERGENCY CONTRACEPTION INFORMA- wise) to a health care professional to induce methods (including natural family planning) TION PROGRAM FOR HEALTH CARE PRO- such professional to withhold from covered to prevent an unintended pregnancy.’’. VIDERS.— individual contraceptive drugs or devices, or (b) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—The Secretary, acting contraceptive services, described in sub- made by this section shall apply with respect through the Administrator of the Health Re- section (a). to group health plans for plan years begin- sources and Services Administration and in ‘‘(c) RULES OF CONSTRUCTION.— ning on or after January 1, 2005. consultation with major medical and public ‘‘(1) IN GENERAL.—Nothing in this section SEC. 304. AMENDMENT TO PUBLIC HEALTH SERV- health organizations, shall develop and dis- shall be construed— ICE ACT RELATING TO THE INDI- seminate to health care providers informa- ‘‘(A) as preventing a group health plan and VIDUAL MARKET. tion on emergency contraception. a health insurance issuer providing health (a) IN GENERAL.—Part B of title XXVII of (2) INFORMATION.—The information dis- insurance coverage in connection with a the Public Health Service Act (42 U.S.C. seminated under paragraph (1) shall include, group health plan from imposing 300gg–41 et seq.) is amended— at a minimum—

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(A) information describing the use, safety, (d) EFFECTIVE DATE; AGENCY CRITERIA.— SEC. 603. ASSISTANCE TO REDUCE TEEN PREG- efficacy and availability of emergency con- This section takes effect upon the expiration NANCY, HIV/AIDS, AND OTHER SEXU- traception; of the 180-day period beginning on the date of ALLY TRANSMITTED DISEASES AND (B) a recommendation regarding the use of TO SUPPORT HEALTHY ADOLES- enactment of this Act. Not later than 30 days CENT DEVELOPMENT. such contraception in appropriate cases; and prior to the expiration of such period, the (C) information explaining how to obtain (a) IN GENERAL.—Each eligible State shall Secretary shall publish in the Federal Reg- be entitled to receive from the Secretary of copies of the information developed under ister criteria for carrying out this section. subsection (b), for distribution to the pa- Health and Human Services, for each of the tients of the providers. TITLE VI—FAMILY LIFE EDUCATION fiscal years 2005 through 2009, a grant to con- (d) AUTHORIZATION OF APPROPRIATIONS.— duct programs of family life education, in- There is authorized to be appropriated to SEC. 601. SHORT TITLE. cluding education on both abstinence and contraception for the prevention of teenage carry out this section $10,000,000 for each of This Act may be cited as the ‘‘Family Life the fiscal years 2005 through 2009. pregnancy and sexually transmitted dis- Education Act’’. eases, including HIV/AIDS. TITLE V—COMPASSIONATE ASSISTANCE (b) REQUIREMENTS FOR FAMILY LIFE PRO- FOR RAPE EMERGENCIES SEC. 602. FINDINGS. GRAMS.—For purposes of this title, a program The Congress finds as follows: SEC. 501. SHORT TITLE. of family life education is a program that— (1) The American Medical Association This Act may be cited as the ‘‘Compas- (1) is age-appropriate and medically accu- (‘‘AMA’’), the American Nurses Association sionate Assistance for Rape Emergencies rate; (‘‘ANA’’), the American Academy of Pediat- Act’’. (2) does not teach or promote religion; rics (‘‘AAP’’), the American College of Obste- SEC. 502. SURVIVORS OF SEXUAL ASSAULT; PRO- (3) teaches that abstinence is the only sure tricians and Gynecologists (‘‘ACOG’’), the VISION BY HOSPITALS OF EMER- way to avoid pregnancy or sexually trans- American Public Health Association GENCY CONTRACEPTIVES WITHOUT mitted diseases; CHARGE. (‘‘APHA’’), and the Society of Adolescent (4) stresses the value of abstinence while Medicine (‘‘SAM’’), support responsible sexu- (a) IN GENERAL.—Federal funds may not be not ignoring those young people who have ality education that includes information provided to a hospital under any health-re- had or are having sexual intercourse; about both abstinence and contraception. lated program, unless the hospital meets the (5) provides information about the health (2) Recent scientific reports by the Insti- conditions specified in subsection (b) in the benefits and side effects of all contraceptives tute of Medicine, the American Medical As- case of— and barrier methods as a means to prevent sociation and the Office on National AIDS (1) any woman who presents at the hospital pregnancy; Policy stress the need for sexuality edu- and states that she is a victim of sexual as- (6) provides information about the health cation that includes messages about absti- sault, or is accompanied by someone who benefits and side effects of all contraceptives nence and provides young people with infor- states she is a victim of sexual assault; and and barrier methods as a means to reduce mation about contraception for the preven- (2) any woman who presents at the hospital the risk of contracting sexually transmitted tion of teen pregnancy, HIV/AIDS and other whom hospital personnel have reason to be- diseases, including HIV/AIDS; sexually transmitted diseases (‘‘STDs’’). lieve is a victim of sexual assault. (7) encourages family communication (3) Research shows that teenagers who re- (b) ASSISTANCE FOR VICTIMS.—The condi- about sexuality between parent and child; ceive sexuality education that includes dis- tions specified in this subsection regarding a (8) teaches young people the skills to make cussion of contraception are more likely hospital and a woman described in sub- responsible decisions about sexuality, in- than those who receive abstinence-only mes- section (a) are as follows: cluding how to avoid unwanted verbal, phys- sages to delay sexual activity and to use con- (1) The hospital promptly provides the ical, and sexual advances and how not to traceptives when they do become sexually woman with medically and factually accu- make unwanted verbal, physical, and sexual active. rate and unbiased written and oral informa- advances; and (4) Comprehensive sexuality education pro- tion about emergency contraception, includ- (9) teaches young people how alcohol and grams respect the diversity of values and be- ing information explaining that— drug use can effect responsible decision- liefs represented in the community and will (A) emergency contraception does not making. cause an abortion; and complement and augment the sexuality edu- (c) ADDITIONAL ACTIVITIES.—In carrying (B) emergency contraception is effective in cation children receive from their families. out a program of family life education, a most cases in preventing pregnancy after un- (5) The median age of puberty is 13 years State may expend a grant under subsection protected sex. and the average age of marriage is over 26 (a) to carry out educational and motiva- (2) The hospital promptly offers emergency years old. American teens need access to tional activities that help young people— contraception to the woman, and promptly full, complete, and medically and factually (1) gain knowledge about the physical, provides such contraception to her on her re- accurate information regarding sexuality, emotional, biological, and hormonal changes quest. including contraception, STD/HIV preven- of adolescence and subsequent stages of (3) The information provided pursuant to tion, and abstinence. human maturation; paragraph (1) is in clear and concise lan- (6) Although teen pregnancy rates are de- (2) develop the knowledge and skills nec- guage, is readily comprehensible, and meets creasing, there are still between 750,000 and essary to ensure and protect their sexual and such conditions regarding the provision of 850,000 teen pregnancies each year. Between reproductive health from unintended preg- the information in languages other than 75 and 90 percent of teen pregnancies among nancy and sexually transmitted disease, in- English as the Secretary may establish. 15- to 19-year olds are unintended. cluding HIV/AIDS throughout their lifespan; (4) The services described in paragraphs (1) (7) Research shows that 75 percent of the (3) gain knowledge about the specific in- through (3) are not denied because of the in- decrease in teen pregnancy between 1988 and volvement of and male responsibility in sex- ability of the woman or her family to pay for 1995 was due to improved contraceptive use, ual decisionmaking; the services. while 25 percent was due to increased absti- (4) develop healthy attitudes and values (c) DEFINITIONS.—For purposes of this sec- nence. about adolescent growth and development, tion: (8) More than eight out of ten Americans body image, gender roles, racial and ethnic (1) The term ‘‘emergency contraception’’ believe that young people should have infor- diversity, , and other sub- means a drug, drug regimen, or device that mation about abstinence and protecting jects; is— themselves from unplanned pregnancies and (5) develop and practice healthy life skills (A) used postcoitally; sexually transmitted diseases. including goal-setting, decisionmaking, ne- (B) prevents pregnancy by delaying ovula- (9) United States teens acquire an esti- gotiation, communication, and stress man- tion, preventing fertilization of an egg, or mated 4,000,000 sexually transmitted infec- agement; preventing implantation of an egg in a uter- tions each year. By age 24, at least one in (6) promote self-esteem and positive inter- us; and three sexually active people will have con- personal skills focusing on relationship dy- (C) is approved by the Food and Drug Ad- tracted a sexually transmitted disease. namics, including, but not limited to, friend- ministration. (10) An average of two young people in the ships, dating, romantic involvement, mar- (2) The term ‘‘hospital’’ has the meanings United States are infected with HIV every riage and family interactions; and given such term in title XVIII of the Social hour of every day. African Americans and (7) prepare for the adult world by focusing Security Act, including the meaning applica- Hispanic youth have been disproportionately on educational and career success, including ble in such title for purposes of making pay- affected by the HIV/AIDS epidemic. Al- developing skills for employment prepara- ments for emergency services to hospitals though less than 16 percent of the adolescent tion, job seeking, independent living, finan- that do not have agreements in effect under population in the United States is African cial self-sufficiency, and workplace produc- such title. American, nearly 50 percent of AIDS cases tivity. (3) The term ‘‘Secretary’’ means the Sec- through June 2000 among 13- to 19-year olds retary of Health and Human Services. were among Blacks. Hispanics comprise 13 SEC. 604. SENSE OF CONGRESS. (4) The term ‘‘sexual assault’’ means coitus percent of the population and 20 percent of It is the sense of Congress that while in which the woman involved does not con- the reported adolescent AIDS cases though States are not required to provide matching sent or lacks the legal capacity to consent. June 2000. funds, they are encouraged to do so.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.059 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4315 SEC. 605. EVALUATION OF PROGRAMS. SEC. 607. APPROPRIATIONS. grams that receive Federal funds through (a) IN GENERAL.—For the purpose of evalu- (a) IN GENERAL.—For the purpose of car- the Maternal and Child Health Block Grant, ating the effectiveness of programs of family rying out this title, there is authorized to be the Administration for Children and Fami- life education carried out with a grant under appropriated $100,000,000 for each of the fiscal lies, the Adolescent Family Life Program, section 603, evaluations of such program years 2005 through 2009. and any other program that uses the defini- shall be carried out in accordance with sub- (b) ALLOCATIONS.—Of the amounts appro- tion of ‘abstinence education’ found in sec- sections (b) and (c). priated under subsection (a) for a fiscal tion 510(b) of the Social Security Act are in- (b) NATIONAL EVALUATION.— year— eligible for funding. (1) IN GENERAL.—The Secretary shall pro- (1) not more than 7 percent may be used for ‘‘(g) APPLICATIONS.—Each entity seeking a vide for a national evaluation of a represent- the administrative expenses of the Secretary grant under this section shall submit an ap- ative sample of programs of family life edu- in carrying out this title for that fiscal year; plication to the Secretary at such time and cation carried out with grants under section and in such manner as the Secretary may re- 603. A condition for the receipt of such a (2) not more than 10 percent may be used quire. grant is that the State involved agree to co- for the national evaluation under section ‘‘(h) MATCHING FUNDS.— operate with the evaluation. The purposes of 605(b). ‘‘(1) IN GENERAL.—The Secretary may not the national evaluation shall be the deter- TITLE VII—TEENAGE PREGNANCY award a grant to an applicant for a program mination of— PREVENTION under this section unless the applicant dem- (A) the effectiveness of such programs in onstrates that it will pay, from funds derived SEC. 701. SHORT TITLE. helping to delay the initiation of sexual from non-Federal sources, at least 25 percent This Act may be cited as the ‘‘Preventing intercourse and other high-risk behaviors; of the cost of the program. Teen Pregnancy Act’’. (B) the effectiveness of such programs in ‘‘(2) APPLICANT’S SHARE.—The applicant’s preventing adolescent pregnancy; SEC. 702. TEENAGE PREGNANCY PREVENTION. share of the cost of a program shall be pro- (C) the effectiveness of such programs in Part P of title III of the Public Health vided in cash or in kind. preventing sexually transmitted disease, in- Service Act (42 U.S.C. 280g et seq.) is amend- ‘‘(i) SUPPLEMENTATION OF FUNDS.—An enti- cluding HIV/AIDS; ed by inserting after section 399N the fol- ty that receives funds as a grant under this (D) the effectiveness of such programs in lowing section: section shall use the funds to supplement increasing contraceptive knowledge and con- ‘‘SEC. 399O. TEENAGE PREGNANCY PREVENTION and not supplant funds that would otherwise traceptive behaviors when sexual intercourse GRANTS. be available to the entity for teenage preg- occurs; and ‘‘(a) AUTHORITY.—The Secretary may nancy prevention. (E) a list of best practices based upon es- award on a competitive basis grants to pub- ‘‘(j) EVALUATIONS.— sential programmatic components of evalu- lic and private entities to establish or ex- ‘‘(1) IN GENERAL.—The Secretary shall— ated programs that have led to success in pand teenage pregnancy prevention pro- ‘‘(A) conduct or provide for a rigorous eval- subparagraphs (A) through (D). grams. uation of 10 percent of programs for which a (2) REPORT.—A report providing the results ‘‘(b) GRANT RECIPIENTS.—Grant recipients grant is awarded under this section; of the national evaluation under paragraph under this section may include State and ‘‘(B) collect basic data on each program for (1) shall be submitted to the Congress not local not-for-profit coalitions working to which a grant is awarded under this section; later than March 31, 2008, with an interim re- prevent teenage pregnancy, State, local, and and port provided on a yearly basis at the end of tribal agencies, schools, entities that provide ‘‘(C) upon completion of the evaluations each fiscal year. afterschool programs, and community and referred to in subparagraph (A), submit to (c) INDIVIDUAL STATE EVALUATIONS.— faith-based groups. the Congress a report that includes a de- (1) IN GENERAL.—A condition for the re- ‘‘(c) PRIORITY.—In selecting grant recipi- tailed statement on the effectiveness of ceipt of a grant under section 603 is that the ents under this section, the Secretary shall grants under this section. State involved agree to provide for the eval- give— ‘‘(2) COOPERATION BY GRANTEES.—Each uation of the programs of family education ‘‘(1) highest priority to applicants seeking grant recipient under this section shall pro- carried out with the grant in accordance assistance for programs targeting commu- vide such information and cooperation as with the following: nities or populations in which— may be required for an evaluation under (A) The evaluation will be conducted by an ‘‘(A) teenage pregnancy or birth rates are paragraph (1). external, independent entity. higher than the corresponding State average; ‘‘(k) DEFINITION.—For purposes of this sec- (B) The purposes of the evaluation will be or tion, the term ‘rigorous scientific research’ the determination of— ‘‘(B) teenage pregnancy or birth rates are means based on a program evaluation that: (i) the effectiveness of such programs in increasing; and ‘‘(1) Measured impact on sexual or contra- helping to delay the initiation of sexual ‘‘(2) priority to applicants seeking assist- ceptive behavior, pregnancy or childbearing. intercourse and other high-risk behaviors; ance for programs that— ‘‘(2) Employed an experimental or quasi- (ii) the effectiveness of such programs in ‘‘(A) will benefit underserved or at-risk experimental design with well-constructed preventing adolescent pregnancy; populations such as young males or immi- and appropriate comparison groups. (iii) the effectiveness of such programs in grant youths; or ‘‘(3) Had a sample size large enough (at preventing sexually transmitted disease, in- ‘‘(B) will take advantage of other available least 100 in the combined treatment and con- cluding HIV/AIDS; and resources and be coordinated with other pro- trol group) and a follow-up interval long (iv) the effectiveness of such programs in grams that serve youth, such as workforce enough (at least six months) to draw valid increasing contraceptive knowledge and con- development and after school programs. conclusions about impact. traceptive behaviors when sexual intercourse ‘‘(d) USE OF FUNDS.—Funds received by an ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— occurs. entity as a grant under this section shall be There are authorized to be appropriated to (2) USE OF GRANT.—A condition for the re- used for programs that— carry out this section $20,000,000 for fiscal ceipt of a grant under section 603 is that the ‘‘(1) replicate or substantially incorporate year 2005, and such sums as may be necessary State involved agree that not more than 10 the elements of one or more teenage preg- for each subsequent fiscal year. In addition, percent of the grant will be expended for the nancy prevention programs that have been there are authorized to be appropriated for evaluation under paragraph (1). proven (on the basis of rigorous scientific re- evaluations under subsection (j) such sums SEC. 606. DEFINITIONS. search) to delay sexual intercourse or sexual as may be necessary for fiscal year 2005 and For purposes of this title: activity, increase condom or contraceptive each subsequent fiscal year.’’. (1) The term ‘‘eligible State’’ means a use (without increasing sexual activity), or State that submits to the Secretary an ap- reduce teenage pregnancy; and By Ms. STABENOW (for herself plication for a grant under section 603 that is ‘‘(2) incorporate one or more of the fol- and Mr. LEVIN): in such form, is made in such manner, and lowing strategies for preventing teenage S. 2337. A bill to establish a grant contains such agreements, assurances, and pregnancy: encouraging teenagers to delay program to support coastal and water information as the Secretary determines to sexual activity; sex and HIV education; be necessary to carry out this title. interventions for sexually active teenagers; quality restoration activities in States (2) The term ‘‘HIV/AIDS’’ means the preventive health services; youth develop- bordering the Great Lakes, and for human immunodeficiency virus, and includes ment programs; service learning programs; other purposes; to the Committee on acquired immune deficiency syndrome. and outreach or media programs. Commerce, Science, and Transpor- (3) The term ‘‘medically accurate’’, with ‘‘(e) COMPLETE INFORMATION.—Programs re- tation. respect to information, means information ceiving funds under this section that choose Ms. STABENOW. Mr. President, I that is supported by research, recognized as to provide information on HIV/AIDS or con- rise today to introduce the Great accurate and objective by leading medical, traception or both must provide information Lakes Community Restoration Act. psychological, psychiatric, and public health that is complete and medically accurate. organizations and agencies, and where rel- ‘‘(f) RELATION TO ABSTINENCE-ONLY PRO- Before I discuss the bill, I want to evant, published in peer review journals. GRAMS.—Funds under this section are not in- say that it is extremely fitting that we (4) The term ‘‘Secretary’’ means the Sec- tended for use by abstinence-only education are discussing the restoration of the retary of Health and Human Services. programs. Abstinence-only education pro- Great Lakes, because today is Earth

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.059 S22PT1 S4316 CONGRESSIONAL RECORD — SENATE April 22, 2004 Day. Earth Day is a time to reflect on part of Michigan’s identity and cul- information and medical care much the environmental gains we have made, tural history. Unfortunately, many of more widely available across the coun- and to challenge ourselves with a new our lighthouses are poorly maintained try. However, the commitment to im- environmental commitment for the fu- and in grave need of repair. In order to plement these important public health ture. Our environmental and natural preserve our history and heritage of approaches has been very limited so resources are not merely important, the Great Lakes, it is imperative that far. Advances in research and treat- they are vital to our future health and we maintain our lighthouses. ment reach less than 1 percent of peo- survival. The Great Lakes are one of As I mentioned before, protecting the ple with arthritis. We need to do much our Nation’s most precious and vital Great Lakes requires a coordinated ef- more to bring the highest quality of natural resources. I believe it is ex- fort at all levels of government. How- care to those with arthritis and other tremely important that we have a ever, our local communities are the rheumatic diseases. strong Federal, State and local com- ones who are immediately affected by Our legislation will reduce the bur- mitment to protect them. these problems, both environmentally den of unnecessary suffering for our The Great Lakes contain one-fifth of and economically. citizens by supporting implementation the world’s fresh water, and supply safe That is why I have introduced the of effective strategies to carry out the drinking water to thirty-three million Great Lakes Community Restoration National Arthritis Action Plan. That people, including 10 million people who Act. The Act will provide $400 million means support for comprehensive ar- rely on Lake Michigan alone. The directly to local communities to help thritis control and prevention pro- Great Lakes’ coastlines are home to protect and restore the Great Lakes grams. It means the development of ar- wetlands, dunes, and endangered plants coastal region. NOAA will award the thritis education and outreach activi- and species. Lake Michigan alone con- grant for local projects, such as repair ties, and more research on the best tains over 417 coastal wetlands, the of sewer systems damaged by invasive ways to prevent and treat the illness at most of any Great Lake. Millions of species, lighthouse restoration, and the various ages. people use the Great Lakes each year local cleanup of water pollution and It also means developing better care for recreation, enjoying beaches, good sediments. and treatment for children with arthri- fishing and boating. The latest esti- Protecting the Great Lakes requires tis and rheumatic diseases. We include mate shows that recreational fishing a Federal, State and local partnership, planning grants to support innovative totals a $1.5 billion boost to Michigan’s and this Act will provide local commu- research on juvenile arthritis. We sup- tourist economy alone. nities with the resources they need to port training for health care providers However, it takes a real Federal, continue their vital stewardship of the specializing in pediatric rheumatology, State, and local partnership to main- Great Lakes. so that all children will have greater tain this critical natural resource. Un- access to physicians trained in state- fortunately, there are several environ- By Mr. BOND (for himself, Mr. of-the-art care for arthritis. mental threats to the Great Lakes that KENNEDY, and Mr. JOHNSON): we need to address. These include S. 2338. A bill to amend the Public This legislation will improve the cleaning up contaminated sediments Health Service Act to provide for ar- quality of life for large numbers of and pollutants that are affecting the thritis research and public health, and adults and children, and avoid thou- Great Lakes ecosystem. During last for other purposes; to the Committee sands of dollars in medical costs for year’s electricity blackout, 650 pounds on Health, Education, Labor, and Pen- each patient. Millions of our fellow of vinyl chloride were dumped into the sions. citizens will have greater access to the St. Clair River. This past February, an- Mr. KENNEDY. Mr. President, it is best available information and medical other serious chemical spill occurred, an honor to join my colleagues, Sen- care to prevent and treat this debili- dumping approximately 42,000 gallons ator CHRISTOPHER BOND and Senator tating disease. I urge our colleagues to of methyl ethyl ketone and methyl iso- TIM JOHNSON, in introducing the Ar- support this timely and needed legisla- butyl ketone into the river, and forcing thritis Prevention, Control, and Cure tion. the shutdown of 10 drinking water Act of 2004. Senator BOND has been out- Mr. JOHNSON. Mr. President, today I plants. Last summer alone, 81 beaches standing in his leadership and support join a bipartisan group of Senators in in Michigan were closed due to ele- of this bipartisan legislation, which is introducing the Arthritis Prevention, vated E coli levels. This contamination a product of the untiring efforts of Control and Cure Act of 2004. This leg- affects our water supply, our recre- many leaders in the arthritis commu- islation is so important to addressing ation and tourism, and Michigan’s nity including patients, families, and arthritis and chronic joint problems overall economy. health care providers. The goal of this which are the leading causes of dis- The Great Lakes have also been inun- legislation is to lessen the burden of ability in the United States impacting dated with invasive species. Over the arthritis and other rheumatic diseases nearly 70 million adults. I want to past century, more than 87 non-indige- on citizens across our Nation. thank Senators KENNEDY and BOND nous aquatic species have been acci- Seventy million adults in the United who have been working hard on this dentally introduced into the Great States now suffer from arthritis or re- legislation over the last year. Lakes. They have damaged the lakes in lated conditions. Of these, one in three The prevalence of chronic diseases in a number of ways. They have destroyed is under 65. Over 300,000 are children the U.S. have become the most signifi- thousands of fish and threatened our who struggle each day to get out of cant public health problem of our cur- clean drinking water. For example, bed, go to school, and play with their rent day. The beginning of the last cen- Lake Michigan once housed the largest friends. Arthritis accounts for 4 million tury raised many infectious disease self-producing lake trout fishery in the days of hospital care ach year. It costs public health problems. But safe drink- world. The invasive sea lamprey, which $51 million in annual medical care, and ing water, clean working conditions was introduced from ballast water al- $86 million more is lost in productivity. and modern medicines have changed most 80 years ago has fed-on and great- Arthritis is an overwhelming and de- the public health dynamics. While we ly contributed to the decline of trout bilitating hardship for countless fami- do need to continue to be concerned and whitefish in the Great Lakes. lies across the Nation. about newly emerging infectious dis- Today, lake trout must be stocked be- In recent years, increasing effective eases such as SARS and West Nile cause it cannot naturally reproduce in research into the prevention and treat- Virus, the biggest threat to our health the lakes. These invasive species also ment of arthritis has led to measures as a nation is the impact of chronic cause damage to our community water that successfully reduce pain and im- diseases. It is estimated that by the and sewer systems. prove the quality of life for millions year 2020, 157 million Americans will Michigan also is home to over 120 who suffer with this disease. Coopera- suffer from some chronic illness. lighthouses, more than any other State tive efforts at every level have led to Whether it be asthma, diabetes, heart in the Nation. The oldest Michigan the development of a National Arthri- disease or arthritis, these conditions lighthouses date back to the 1820s. tis Action Plan, with emphasis on pub- are costly to our health care system These lighthouses are an inseparable lic health strategies to make timely and erode quality of life.

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.062 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4317 Arthritis and other rheumatic dis- ment programs for arthritis control, Medicare than seniors without such eases are among the most common con- prevention and care. State and tribal coverage. This lower subsidy creates a ditions in the United States, dimin- grants will also be made available for disincentive to employers to continue ishing mental health and imposing sig- comprehensive prevention programs to provide these benefits and will lead nificant limitations on daily activities. administered by state health depart- to a significant reduction in employer- One out of every 3, or nearly 70 million ments. While CDC does provide for based benefits. The PAAD Act will en- adults in the United States suffer from some grants currently, it is my hope sure that employer-based plans receive arthritis or chronic joint symptoms. In that by moving this legislation for- the same subsidization as the Medicare my home State, approximately 173,000 ward, eventually, all states will have prescription drug plans. adults suffer from the disease, or 31 comprehensive arthritis programs to Second, the PAAD Act will restore percent of the adult population. Arthri- meet the increasing need. language that I added to the Senate- tis is exceeded only by heart disease as I want to again thank Senators KEN- passed Medicare bill to allow states a cause of work disability. In addition, NEDY and BOND for their leadership on with pharmaceutical assistance pro- nearly 300,000 children in the United this issue. I urge my colleagues to sup- grams to administer the Medicare pre- States, or 3 children out of every 1,000, port this important bill. scription drug benefit to Medicare have some form of arthritis or other beneficiaries enrolled in these pro- rheumatic disease. The costs associ- By Mr. CORZINE (for himself, grams. This will ensure a seamless ated with arthritis are immense. The Mr. LAUTENBERG, Ms. transition for these seniors and will en- disease results in 750,000 hospitaliza- STABENOW, and Ms. MIKULSKI): sure that they maintain the generous tions, 44 million outpatient visits and 4 S. 2339. A bill to amend part D of prescription drug coverage that many million days of hospital care every title XVIII of the Social Security Act states, including New Jersey, offer. year. The estimated total costs of ar- to improve the coordination of pre- Third, the PAAD Act will enable thritis in the U.S., including lost pro- scription drug coverage provided under states to supplement the Medicare pre- ductivity exceeds $86 billion. retiree plans and State pharmaceutical scription drug benefit for the neediest While the current impact of the dis- assistance programs with the prescrip- Medicare beneficiaries, those dually-el- ease is quite astounding, there is much tion drug benefit provided under the igible for the Medicaid program. Under that can be done to prevent and control medicare program, and for other pur- current law, Medicaid wraps around arthritis. Despite myths that inac- poses; to the Committee on Finance. Medicare, paying for copayments and curately portray this illness as an old Mr. CORZINE. Mr. President, I rise premiums, for those beneficiaries who persons disease, some forms of arthri- today along with my colleagues, Sen- are extremely sick and poor. Under the tis, such as osteoarthritis, can be pre- ators LAUTENBERG, STABENOW, and MI- new Medicare law, states will be pro- vented with weight control and other KULSKI, to introduce legislation, the hibited from using Medicaid to wrap precautions. More broadly, the pain Preserving Access to Affordable Drugs around the Medicare drug benefit for and disability accompanying all types (PAAD) Act. This legislation is essen- these seniors, stripping them of access of arthritis can be minimized through tial to ensuring that no senior who has to needed prescription drugs. The early diagnosis and appropriate disease existing prescription drug coverage re- PAAD Act will ensure that states can management. There are many inter- ceives less coverage once the Medicare provide supplemental Medicaid pre- ventions that have been proven effec- prescription drug program goes into ef- scription drug coverage to complement tive in reducing the burden of this dis- fect. the Medicare drug benefit for seniors ease, but unfortunately up until this The Congressional Budget Office has who are dually eligible for Medicare point, those strategies have been un- estimated that as many as 1.7 million and Medicaid. Fourth, the PAAD Act will restore derutilized. retirees could lose their employer- The National Arthritis Action Plan, based prescription drug benefits as a seniors’ access to supplemental drug benefits through the Medigap program. developed by the Centers for Disease result of the new Medicare prescription Seniors should be allowed to improve Control or CDC, Arthritis Foundation drug benefit. Also as a result of the the Medicare drug benefit if they so and the Association of State and Terri- new law, hundreds of thousands of sen- iors currently enrolled in state phar- choose. torial Health Officials, put forward a Finally, the PAAD Act will also macy assistance programs (SPAPs) will comprehensive strategy to meet the eliminate the risky demonstration pro- be forced out of those programs and challenged of addressing arthritis. This gram to privatize Medicare, a program into a private Medicare drug plan. Ad- legislation puts the action plan into which if not eliminated is likely to im- ditionally, approximately six million law, directing the CDC and National pact my state of New Jersey. Under the seniors who are dually eligible for Institutes of Health to formalize the new Medicare law, seniors who live in Medicare and Medicaid will lose access intentions of that action plan. areas where a large number of seniors to their Medicaid prescription drug This legislation enhances support for are enrolled in Medicare managed care benefits, which are more generous and the implementation of public health plans could end up in this privatization strategies consistent with the National provide greater access to a variety of scheme. This new program is slated to Arthritis Action Plan. Through the drugs than the Medicare benefit will. go into effect in 2010. But, if it were to CDC, the legislation will implement And, despite the fact that the new go into effect today, Gloucester, Bur- comprehensive arthritis control and Medicare law has huge gaps in cov- lington, Camden and Salem Counties in prevention programs, developing ar- erage, seniors who choose to enroll in New Jersey would likely be chosen to thritis education and outreach activi- the new drug benefit will be prohibited participate in it. ties, and conducting research on pre- from purchasing Medigap coverage to One of the goals of medicine is to do vention and treatment across the life- pay for prescription drugs not covered no harm. The new Medicare law vio- span. It also includes planning grants by the new Medicare benefit. lates that tenet. My legislation is crit- in support of innovative research re- No senior should be made worse off ical to preserving and protecting exist- lated to juvenile arthritis and supports by the new Medicare law. The law ing prescription drug coverage while health care provider training for those should expand benefits—not rescind expanding it to those who currently specializing in pediatric rheumatology. them. The PAAD Act will make crit- lack such coverage. I look forward to This bill will also assure that the Na- ical changes to the Medicare law to en- working with my colleagues to pass tional Arthritis Action Plan is imple- sure that the above-mentioned benefits this legislation and improve prescrip- mented in a systematic way, and guar- are safeguarded. tion drug benefits for all seniors. antees continued focus on quality re- First, the PAAD Act will preserve re- search and care for adults and children tiree prescription drug benefits by al- By Mr. BINGAMAN (for himself, who suffer from this debilitating dis- lowing employer contributions to Mr. KENNEDY, and Mr. REED): ease. count towards the out of pocket S. 2340. A bill to reauthorize title II The bill provides funds for local dem- threshold. Under the Medicare law, re- of the Higher Education Act of 1965; to onstration projects, including commu- tirees with employer-based coverage the Committee on Health, Education, nity-based and patient self-manage- would receive less of a subsidy from Labor, and Pensions.

VerDate mar 24 2004 03:41 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.106 S22PT1 S4318 CONGRESSIONAL RECORD — SENATE April 22, 2004 Mr. BINGAMAN. Mr. President, I rise laboratory—for the integration of edu- states, and nation. For example, in 2003 today to introduce the Capacity to cation and training, research, and evi- the General Accounting Office reported Learn for All Students and Schools dence-based practice for teacher can- that states did not have complete or (CLASS) Act of 2004, along with Sen- didates, university professors, and mas- consistent criteria to determine the ators KENNEDY and REED, to ensure ter teachers. Modeled on academic number of highly qualified teachers that all of our students receive the health centers, ATCs offer prospective and that state data systems did not high quality of instruction they need teachers with a system of practice- track the federal criteria. and deserve. We know that teacher based support at initial levels of prepa- The CLASS Act will address this quality is the single most important ration, training during the first years need by strengthening accountability factor in determining the success of of practice, and continued support in through improved assessment proce- our school children. Children who con- maintaining high levels of skill mas- dures that are valid and reliable, are sistently have access to good teachers tery. The ATC provides a clinical set- aligned with reporting requirements, are more likely to do well academi- ting with an education and research and allow for accurate and consistent cally; those who do not are more likely mission, mentorship by expert practi- reporting. The CLASS Act will also re- to fall behind. tioners, cross-pollination between quire a State-level needs assessment As the son of two former teachers, I practice and research, and high-quality for Teacher Enhancement Grants to am well aware of the satisfactions and services for its K–12 students. identify areas of greatest need and to challenges that accompany a career in The CLASS Act also authorizes a specify a timetable for meeting identi- teaching. I have been a long-time and Professional Development Program fied needs. The needs assessment will strong supporter of our devoted teach- (PDP) that encourages states to pursue assist States to identify teacher pro- ers and our public schools. Over the alignment with National Board for duction needs in high-need academic years, I have visited many schools Professional Teaching Standards, a subjects, such as mathematics and throughout my home State of New tiered licensure system, multiple ca- science; in high-need services, such as Mexico and spoken with countless stu- reer paths, and opportunities for pro- special education, bilingual education, dents and teachers. I frequently have fessional growth. The PDP will im- and early childhood education; in high- witnessed the dedication of our teach- prove teacher recruitment and reten- need rural and urban areas; and in ers in preparing young people to lead tion by increasing the attractiveness of high-poverty, high-minority, and low- meaningful and productive adult lives. a teaching career, encouraging teach- performing schools. So many of us can look back on our ers to enhance their competencies and Further, the CLASS Act will create own student years and recall a special skills, and reinforcing their efforts to data systems designed to improve pub- teacher whose passion for learning ig- advance in their profession. The lic education, including enhancing nited a similar passion in us, whose CLASS Act also encourages clinical, teacher preparation programs. State high standards caused us to set higher field, induction, mentoring, and other educational agencies can apply for new standards for ourselves, and whose professional development experiences. Data Systems Grants that enable them commitment to education provided a Further, the CLASS Act requires rig- to develop or expand data systems that model for our own lives. We need to en- orous standards for teacher certifi- have the capacity to integrate and co- sure that all children have access to cation or licensure designed to enhance ordinate individual student data from such special teachers. Many other Sen- teacher quality and to ensure that all educational and employment settings; ators share my interest in this issue, prospective teachers meet the same to conduct analyses necessary for eval- including my colleagues on the HELP high State standards. The act also ex- uating programs and policies and iden- Committee. In fact, I am pleased to be pands programs that prepare prospec- tifying best practices; and to facilitate introducing this bill along with the tive teachers to use advanced tech- alignment among schools, institutions Senior Senator from Rhode Island. nology. of higher education, and employment Senator REED’s PRREP Act is a great Second, we need to empower teachers settings. These data systems also allow complement to the CLASS Act, and I and schools to provide access for all teacher preparation programs to follow look forward to working with him and students to a high-quality general edu- graduates as they proceed toward cer- other members of the Committee as we cation curriculum, including minori- tification or licensure and into the proceed toward reauthorization of the ties, students in high-need schools, and classroom. Higher Education Act. students with disabilities and limited- Fourth, we need to improve teacher The current act authorizes three English proficiency. Our teachers need recruitment and retention. Each year, types of competitively awarded grants: to be able to provide effective instruc- more of the nation’s teachers leave the State Grants, Partnership Grants, and tion to diverse student populations and field than enter the profession. In fact, Recruitment Grants. The CLASS Act to address special learning needs. We approximately one-third of teachers significantly increases funding for also need to recruit new teachers from leave the field during their first 3 these programs, strengthens the provi- underrepresented groups and to in- years, and almost half leave during sions of the current law, and expands crease access to certification or licen- their first 5 years. Moreover, the over- the learning and teaching capacity of sure for other qualified individuals. all turnover rate for teachers in high- students, teachers, and schools. I want The CLASS Act will address this poverty areas is almost a third higher to mention some of our critical edu- need by creating Centers of Excellence. than the rate for all teachers. Some of cational needs and explain how the The Centers of Excellence will increase our schools, such as the rural schools CLASS Act addresses those needs. minority teacher and principal recruit- in New Mexico, face unique challenges First, we need to ensure that all ment, development, and retention. The in recruiting and retaining highly teachers are highly qualified, have act will also prepare teachers to pro- qualified teachers. These challenges in- strong teaching skills, understand sci- vide access to the general education clude low salaries, geographic and so- entifically based research and its appli- curriculum for all students, including cial isolation, housing shortages, poor cability, and can use technology effec- students with disabilities and limited- physical working conditions, a paucity tively in the classroom. The prepara- English proficiency. of teacher preparation programs tar- tion afforded prospective teachers Third, we need to enhance the ability geted to rural schools, limited opportu- must enable them to meet the varied of schools, districts, and states to col- nities for professional development, needs of our nation’s students, of our lect, analyze, and utilize data to im- and the necessity for teachers to teach schools and institutions of higher edu- prove schools and programs and to ful- more than one grade or subject. cation, and of our competitive work- fill the requirements of No Child Left The CLASS Act will address this force. Behind and the Higher Education Act. need in the following ways. Among The CLASS Act will address this Good data and data systems are the other initiatives, the act will fund a need in a number of ways. For example, bedrock on which accountability is wide range of teacher recruitment and the CLASS Act establishes Academic built. Yet present data and data sys- retention strategies designed to put— Teaching Centers (ATCs). The ATCs tems are too often inadequate to meet and keep—highly qualified teachers in provide a setting—a model teaching the needs of our schools, districts, every classroom, including induction

VerDate mar 24 2004 02:16 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.103 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4319 and mentoring for beginning teachers S. 2340 agency’ means a local educational agency in and ongoing opportunities for profes- Be it enacted by the Senate and House of Rep- which— sional growth and advancement. resentatives of the United States of America in ‘‘(A)(i) 15 percent of the students served by the agency are from families with incomes Importantly, the CLASS Act will Congress assembled, SECTION 1. SHORT TITLE. below the poverty line; also create the Rural Education Re- This Act may be cited as the ‘‘Capacity to ‘‘(ii) there are more than 5,000 students cruitment and Retention Program to Learn for All Students and Schools Act’’. served by the agency from families with in- address the needs of rural districts by SEC. 2. TEACHER QUALITY ENHANCEMENT. comes below the poverty line; or funding a range of recruitment strate- (a) TEACHER QUALITY ENHANCEMENT ‘‘(iii) there are less than 600 students in av- gies, such as tuition assistance, loan GRANTS FOR STATES AND PARTNERSHIPS.— erage daily attendance in all the schools forgiveness, housing assistance, and fi- Part A of title II of the Higher Education that are served by the agency and each of the schools served by the agency is des- nancial incentives for working in areas Act of 1965 (20 U.S.C. 1021 et seq.) is amended to read as follows: ignated with a school locale code of 7 or 8, as of greatest need; as well as retention determined by the Secretary; and strategies, such as mentoring programs ‘‘PART A—TEACHER QUALITY ENHANCE- MENT GRANTS FOR STATES AND PART- ‘‘(B)(i) there is a high percentage of teach- and ongoing opportunities for profes- NERSHIPS ers who are not highly qualified; or sional growth and advancement. In ad- ‘‘(ii) there is a high teacher turnover rate. ‘‘SEC. 201. PURPOSES; DEFINITIONS. ‘‘(4) HIGH-NEED SCHOOL.—The term ‘high- dition, the act encourages partnerships ‘‘(a) PURPOSES.—The purposes of this part designed to meet the needs of rural need school’ means a public elementary are to— school or secondary school— schools. ‘‘(1) improve student academic achieve- ‘‘(A) in which there is a high concentration Fifth, we need to better prepare stu- ment; of students from families with incomes dents for postsecondary education and ‘‘(2) increase the size and scope of pro- below the poverty line; or a competitive workforce. According to grams funded under this part to ensure that ‘‘(B) that is identified as in need of school all teachers are highly qualified; recent data, a majority of college pro- improvement or corrective action pursuant ‘‘(3) hold institutions of higher education to section 1116 of the Elementary and Sec- fessors and employers rate high school accountable for preparing teachers who are graduates’ skills in spelling, grammar, ondary Education Act of 1965. highly qualified, have the necessary teaching ‘‘(5) HIGHLY QUALIFIED.—The term ‘highly writing, and math as only fair or poor. skills, and are trained in the effective uses of qualified’ has the meaning given such term Too many students leave high school technology in the classroom; in section 9101 of the Elementary and Sec- ill-prepared to meet the requirements ‘‘(4) recruit and retain individuals who— ondary Education Act of 1965. of postsecondary education or the de- ‘‘(A) increase the diversity of the work- ‘‘(6) PARENT.—The term ‘parent’ has the mands of high-skilled, high-wage em- force; meaning given such term in section 9101 of ‘‘(B) teach high-need academic subjects, the Elementary and Secondary Education ployment. Half of all students entering such as mathematics and science; higher education take at least one re- Act of 1965. ‘‘(C) provide high-need services, such as ‘‘(7) PARENTAL INVOLVEMENT.—The term medial course, and, according to the special education, bilingual education, and ‘parental involvement’ has the meaning U.S. Chamber of Commerce, employers early childhood education; given such term in section 9101 of the Ele- frequently report difficulty in finding ‘‘(D) serve in high-need areas, such as rural mentary and Secondary Education Act of qualified workers who have satisfac- and urban communities; 1965. tory skills. High school graduation re- ‘‘(E) meet the needs of high-poverty, high- ‘‘(8) POVERTY LINE.—The term ‘poverty quirements are often not aligned with minority, and low-performing schools; and line’ means the poverty line (as defined by ‘‘(F) are prepared to provide access to the the requirements governing college ad- the Office of Management and Budget, and general education curriculum for all stu- revised annually in accordance with section mission, obtaining a job, or enrolling dents, including students with disabilities 673(2) of the Community Services Block in credit-bearing courses once in col- and students with limited-English pro- Grant Act (42 U.S.C. 9902(2))) applicable to a lege. High school curricula and assess- ficiency; family of the size involved. ments often stress different knowledge ‘‘(5) enhance the quality of the current and ‘‘(9) PROFESSIONAL DEVELOPMENT.—The and skills than are required by college future teaching force by improving the prep- term ‘professional development’ has the entrance and placement requirements. aration of prospective teachers and expand- meaning given such term in section 9101 of ing professional development activities; The CLASS Act will address this the Elementary and Secondary Education ‘‘(6) ensure that all teachers, regardless of Act of 1965. need by creating the data systems de- their route to the profession, meet the same ‘‘(10) SCIENTIFICALLY BASED RESEARCH.— scribed above that are designed to im- rigorous State standards for certification or The term ‘scientifically based research’ has prove public education and to facilitate licensure; the meaning given such term in section 9101 alignment among schools, institutions ‘‘(7) encourage learning partnerships of the Elementary and Secondary Education of higher education, and employment among parents, community members, and Act of 1965. settings. These systems will have the educators that lead to improved student aca- ‘‘(11) TEACHING SKILLS.—The term ‘teach- capacity to integrate and coordinate demic achievement; and ing skills’ means skills— ‘‘(8) promote collaboration among college ‘‘(A) grounded in the science of teaching individual student data from edu- and university faculty and administrators, and learning that teachers use to create ef- cational and employment settings. The elementary school and secondary school fective instruction in subject matter content CLASS Act will also support programs teachers and administrators, State edu- and that lead to student achievement and that provide special certification in ad- cational agencies, teacher and education or- the ability to apply knowledge; and vanced placement (AP)-level or inter- ganizations, and organizations representing ‘‘(B) that require an understanding of the national baccalaureate (IB)-level con- the scientific disciplines associated with learning process itself, including an under- tent and pedagogy. teaching and learning. standing of— ‘‘(b) DEFINITIONS.—In this part: ‘‘(i) the use of strategies specific to the In conclusion, I would like to say ‘‘(1) ARTS AND SCIENCES.—The term ‘arts subject matter; that I am very pleased to introduce a and sciences’ means— ‘‘(ii) ongoing assessment of student learn- bill designed to ensure that all of our ‘‘(A) when referring to an organizational ing and the use of such assessment for eval- students are taught by highly qualified unit of an institution of higher education, uation of curriculum and instructional prac- and effective teachers. No task is more any academic unit that offers 1 or more aca- tices; important. demic majors in disciplines or content areas ‘‘(iii) identification of individual dif- Each child who falls behind dimin- corresponding to the academic subject mat- ferences in ability and instructional needs; ter areas in which teachers provide instruc- ishes the power of our society’s future. ‘‘(iv) the use of strategies that will meet tion; and the instructional needs of students with dis- I hope you will all join me in rein- ‘‘(B) when referring to a specific academic abilities and students with limited-English forcing our national commitment to subject matter area, the disciplines or con- proficiency; teacher preparation and teacher qual- tent areas in which academic majors are of- ‘‘(v) classroom management; and ity. fered by the arts and science organizational ‘‘(vi) interaction with parents and others I ask unanimous consent that the unit. to promote student learning. text of the bill and a summary be ‘‘(2) EXEMPLARY TEACHER.—The term ‘ex- ‘‘SEC. 202. STATE GRANTS. emplary teacher’ has the meaning given such ‘‘(a) GRANTS AUTHORIZED.—From amounts printed in the RECORD. term in section 9101 of the Elementary and made available under section 211(1) for a fis- There being no objection, the bill and Secondary Education Act of 1965. cal year, the Secretary is authorized to summary were ordered to be printed in ‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGEN- award grants under this section, on a com- the RECORD, as follows: CY.—The term ‘high-need local educational petitive basis, to eligible States to enable

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the eligible States to carry out 1 or more ac- ‘‘(i) RIGOROUS AND ALIGNED TEACHER CER- State already has sufficient information sys- tivities authorized under subsection (d) for TIFICATION OR LICENSURE PROGRAMS.—Ensur- tem capacity to support pilot studies with 1 the following purposes: ing that— or more programs, conducting pilot studies ‘‘(1) Enhancing teacher preparation, licen- ‘‘(I) the State’s teacher certification or li- designed to develop and evaluate procedures sure or certification programs, recruitment, program is rigorous and meets high that can provide credible and persuasive evi- or retention. State-determined standards that are ground- dence that graduates of teacher preparation ‘‘(2) Developing or expanding data systems ed in scientifically based research about how programs (including those who complete al- designed to collect, analyze, and utilize data students learn; ternative routes to certification) are effec- for the purpose of improving public edu- ‘‘(II) the State’s program approval stand- tive at improving student achievement, in- cation, including enhancing teacher prepara- ards are aligned with kindergarten through cluding using funds for— tion. grade 12 curriculum standards and State ‘‘(I) efforts to assess the impact of teacher ‘‘(3) Increasing opportunities for profes- teacher licensure standards; preparation program graduates on student sional development. ‘‘(III) teachers are highly qualified and achievement; ‘‘(b) ELIGIBLE STATE.— have the necessary teaching skills; and ‘‘(II) identification of specific practices ‘‘(1) DEFINITION.—In this part, the term ‘el- ‘‘(IV) teacher certification and licensure that lead to consistent student achievement igible State’ means a State educational assessments are— gains; agency. ‘‘(aa) used for purposes for which such as- ‘‘(III) identification of variables that can ‘‘(2) CONSULTATION.—The State educational sessments are valid and reliable; influence student achievement; and ‘‘(bb) consistent with relevant, nationally agency shall consult with the Governor, ‘‘(IV) development of mechanisms for lead- recognized professional and technical stand- State board of education, or State higher ers of institutions of higher education to ards; and education agency, as appropriate, with re- make use of the information identified in ‘‘(cc) aligned with the reporting require- spect to the activities assisted under this subclauses (I), (II), and (III) for purposes of ments of sections 207 and 208. section. teacher preparation program improvement. ‘‘(ii) RECRUITMENT AND RETENTION.—Devel- ‘‘(3) CONSTRUCTION.—Nothing in this sub- ‘‘(iv) SPECIAL CERTIFICATION FOR PROSPEC- oping and implementing effective mecha- section shall be construed to negate or su- TIVE ADVANCED PLACEMENT TEACHERS.—De- persede the legal authority under State law nisms to ensure that local educational agen- cies and schools are able to— veloping and implementing teacher prepara- of any State agency, State entity, or State tion programs that provide special certifi- public official over programs that are under ‘‘(I) recruit and retain highly qualified teachers; cation in advanced placement (AP) level or the jurisdiction of the agency, entity, or offi- ‘‘(II) address identified needs concerned international baccalaureate (IB) level con- cial. with— tent and pedagogy, including undergraduate PPLICATION.—To be eligible to receive ‘‘(c) A ‘‘(aa) underrepresented groups; specializations in in-depth study of subject- a grant under this section, an eligible State ‘‘(bb) high-need academic subjects, such as specific content and practical pedagogical shall, at the time of the initial grant appli- mathematics and science; experience through student teaching, and cation, submit an application to the Sec- ‘‘(cc) high-need services, such as special master’s degree level programs that lead to a retary that— education, bilingual education, and early master’s degree in AP level or IB level con- ‘‘(1) meets the requirements of this sec- childhood education; tent. tion; ‘‘(dd) high-need areas, such as rural and ‘‘(v) SOCIAL PROMOTION.—Development and ‘‘(2) demonstrates that the State is in full urban communities; implementation of efforts to address the compliance with the relevant provisions of ‘‘(ee) high-need schools, including those problem of social promotion and to prepare sections 208 and 209; with high rates of teacher turnover; and teachers to effectively address the issues ‘‘(3) demonstrates that the State has devel- ‘‘(ff) students with disabilities and stu- raised by ending the practice of social pro- oped a plan that includes steps described in dents with limited-English proficiency; motion. section 1111(b)(8)(C) of the Elementary and ‘‘(III) offer mentoring programs for new ‘‘(2) USE OF FUNDS FOR DATA SYSTEMS Secondary Education Act of 1965; teachers during such teachers’ first 3 years GRANTS.—An eligible State that receives a ‘‘(4) includes a State-level needs assess- of teaching; and grant under this section to carry out the ment to identify areas of greatest need re- ‘‘(IV) provide access to ongoing profes- purposes of subsection (a)(2) shall use the lated to— sional development opportunities for teach- grant funds to develop or expand data sys- ‘‘(A) teacher production— ers and administrators. tems. The data systems shall do each of the ‘‘(i) in high-need academic subjects, such ‘‘(B) ALLOWABLE USES OF FUNDS.—In addi- following: as mathematics and science; tion to the requirements of subparagraph ‘‘(A) Enable the eligible State to— ‘‘(ii) in high-need services, such as special (A), an eligible State that receives a grant ‘‘(i) integrate and coordinate the analysis education, bilingual education, and early under this section to carry out the purposes of individual student-level data from mul- childhood education; and of subsection (a)(1) may use grant funds for tiple data systems, including data from kin- ‘‘(iii) among underrepresented groups, in- the following: dergarten through grade 12 education, post- cluding minorities; ‘‘(i) REFORMS.—Implementing reforms that secondary education, and employment; ‘‘(B) the instructional needs of students hold institutions of higher education with ‘‘(ii) conduct analyses necessary to help with disabilities and students with limited- teacher preparation programs accountable educators evaluate programs and policies, English proficiency; for preparing teachers who are highly quali- identify and study best practices, and con- ‘‘(C) teachers who are not highly qualified fied, possess strong teaching skills, are able tinuously improve schools and programs; and or who teach out of field; to understand scientifically based research ‘‘(iii) facilitate alignment and coordination ‘‘(D) high-poverty, high-minority, or low- and its applicability, and are able to use between kindergarten through grade 12 performing, or all of such, schools; technology effectively in the classroom. schools and institutions of higher education, ‘‘(E) teacher retention; ‘‘(ii) ALTERNATIVE ROUTES TO CERTIFICATION and between institutions of higher education ‘‘(F) professional development; and FOR TEACHING.—Providing prospective teach- and postgraduate employment settings. ‘‘(G) instructional technology; ers with alternative routes to State certifi- ‘‘(B) Have the ability to match, compare, ‘‘(5) specifies measurable objectives based cation or licensure that— or track, as appropriate— on the State-level needs assessment, as well ‘‘(I) enhance access to certification or li- ‘‘(i) individual records of the same student as a timetable for achieving these objectives; censure for qualified individuals, including over time; ‘‘(6) reflects knowledge of scientifically mid-career professionals from other occupa- ‘‘(ii) an individual student with an indi- based principles of learning in State stand- tions, paraprofessionals, former military vidual teacher; ards; personnel, and recent college graduates with ‘‘(iii) kindergarten through grade 12 data ‘‘(7) includes a plan for achieving the speci- distinguished academic records; and higher education data; fied objectives; ‘‘(II) impart the necessary academic con- ‘‘(iv) higher education data and post- ‘‘(8) includes a description of how the eligi- tent to produce highly qualified teachers; graduate data; and ble State intends to use funds provided under ‘‘(III) impart the necessary teaching skills; ‘‘(v) all of the data systems to State em- this section to address the needs identified in ‘‘(IV) demonstrate that all teachers, re- ployment records. subparagraph (D); and gardless of their route to the profession, ‘‘(C) Include a State data audit process to ‘‘(9) contains such other information and meet the same rigorous State standards; and ensure accurate and complete information. assurances as the Secretary may require. ‘‘(V) provide mentoring and support during ‘‘(D) Be designed so as not to infringe on ‘‘(d) USES OF FUNDS.— the teachers’ initial years of teaching, as the established privacy rights of students, ‘‘(1) USES OF FUNDS FOR TEACHER ENHANCE- well as training and compensation for such teachers, and employees. MENT GRANTS.— activities. ‘‘(3) USE OF FUNDS FOR PROFESSIONAL DE- ‘‘(A) REQUIRED USES OF FUNDS.—An eligible ‘‘(iii) PILOT STUDIES.—In collaboration VELOPMENT PROGRAM GRANTS.—An eligible State that receives a grant under this sec- with teacher preparation programs (includ- State that receives a grant under this sec- tion to carry out the purposes of subsection ing alternative routes to certification) that tion to carry out the purposes of subsection (a)(1) shall use the grant funds for both of agree to participate, and using a data system (a)(3) may use the grant funds to carry out the following: consistent with paragraph (2) unless the any of the following activities:

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.065 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4321 ‘‘(A) Aligning State teacher standards with ‘‘(B) the teacher preparation program re- this section may use such funds to carry out those of the National Board for Professional quires all the students of the program to par- any of the following activities: Teaching Standards. ticipate in intensive clinical experience to ‘‘(1) DEVELOPMENT OF ALTERNATIVE ROUTES ‘‘(B) Developing a progressive career sys- meet high academic standards, to possess TO STATE CERTIFICATION.—Developing or re- tem in which highly qualified teachers who strong teaching skills, and to become highly fining alternative route programs that pro- pursue advanced licensure levels are required qualified. vide prospective teachers with the necessary to demonstrate increased competencies and ‘‘(c) APPLICATION.—Each eligible partner- teaching skills and that lead to State certifi- undertake increased responsibilities, for in- ship desiring a grant under this section shall cation. submit an application to the Secretary at creased compensation, as they progress ‘‘(2) DISSEMINATION AND COORDINATION.— such time, in such manner, and accompanied through levels such as the following: Broadly disseminating information on effec- by such information as the Secretary may ‘‘(i) Level I: an initial license issued for the tive practices used by the partnership, and require. Each such application shall— first 3 years of teaching that gives a begin- coordinating with the activities of the Gov- ‘‘(1) contain a needs assessment of all the ning highly qualified teacher the oppor- ernor, State board of education, State higher partners with respect to teaching and learn- tunity, through a formal induction program, education agency, and State educational to progress to Level II. ing and a description of how the partnership will coordinate with other teacher prepara- agency, as appropriate. ‘‘(ii) Level II: a professional license given ‘‘(3) MANAGERIAL AND LEADERSHIP SKILLS.— to an experienced teacher whose perform- tion or professional development programs, and how the activities of the partnership will Developing and implementing proven mecha- ance has been satisfactory during such nisms to provide teacher leaders, principals, teacher’s first 3 years of teaching. be consistent with State, local, and other education reform activities that promote and superintendents with effective manage- ‘‘(iii) Level III: a master license for those rial and leadership skills that result in in- teachers who— student achievement; ‘‘(2) contain a resource assessment that de- creased student achievement. ‘‘(I) obtain advanced credentials as board- ‘‘(4) TEACHER RECRUITMENT.—Activities de- certified teachers, exemplary teachers, mas- scribes the resources available to the part- nership, the intended use of the grant funds, scribed in section 204(d). ter teachers, or other advanced credentials; including a description of how the grant ‘‘(5) TEACHER MENTORING.—Developing a ‘‘(II) choose to advance as instructional funds will be fairly distributed in accordance teacher mentoring program that offers men- leaders in the teaching profession and under- with subsection (f), and the commitment of toring for teachers in their first 3 years of take greater responsibilities, such as cur- the resources of the partnership to the ac- teaching, including requiring rigorous quali- riculum development, peer intervention, and tivities assisted under this part, including fi- fications for mentors, providing training and mentoring; or nancial support, faculty participation, time stipends for mentors, providing opportuni- ‘‘(III) demonstrate exceptional effective- commitments, and continuation of the ac- ties for mentors and mentees to observe each ness in helping students learn. tivities when the grant ends; and other’s teaching methods in classroom set- ‘‘(C) Developing multiple career paths for ‘‘(3) contain a description of— tings during the school day, and establishing teachers, such as highly qualified mentor ‘‘(A) how the partnership will meet the an evaluation and accountability plan for teachers or exemplary teachers. purposes of this part; mentoring activities. ‘‘(D) Providing opportunities for profes- ‘‘(B) how the partnership will carry out the ‘‘(6) PROFESSIONAL DEVELOPMENT.—Cre- sional growth, such as special certification activities required under subsection (d) and ating opportunities for enhanced and ongo- in advanced placement or international bac- any permissible activities under subsection ing professional development throughout the calaureate content and pedagogy. (e); and educational continuum for new teachers, ‘‘(E) Subsidizing candidates who pursue ad- ‘‘(C) the partnership’s evaluation plan pur- teachers already in the classroom, para- vanced credentials. suant to section 207(b). professionals, and school administrators that ‘‘(F) Providing financial incentives, such ‘‘(d) REQUIRED USES OF FUNDS.—An eligible leads to a steady increase in mastery of con- as a bonus or higher salary, for teachers who partnership that receives a grant under this tent knowledge and the repertoire of effec- obtain advanced credentials. section shall use the grant funds to carry out tive teaching, assessment, and leadership ‘‘(e) RULE OF CONSTRUCTION.—Nothing in each of the following activities: skills. Such professional development shall subsection (d)(2) shall be construed to au- ‘‘(1) REFORMS.—Implementing reforms include specially developed opportunities for thorize the public release or publication of within teacher preparation programs to hold mid-career enhancement. personally identifying information. the programs accountable for preparing ‘‘(7) COORDINATION WITH OTHER INSTITUTIONS ‘‘SEC. 203. PARTNERSHIP GRANTS. teachers who are highly qualified, have OF HIGHER EDUCATION.—Coordinating with ‘‘(a) GRANTS.—From amounts made avail- strong teaching skills, are able to under- other institutions of higher education, in- able under section 211(2) for a fiscal year, and stand scientifically based research and its cluding community colleges, to implement not reserved under such section, the Sec- applicability, and are able to use technology teacher preparation programs that support retary is authorized to award grants under effectively in the classroom. prospective teachers in obtaining bacca- this section, on a competitive basis, to eligi- ‘‘(2) CLINICAL EXPERIENCE AND INTER- laureate degrees and State certification or ble partnerships to enable the eligible part- ACTION.—Providing sustained and high qual- licensure. nerships to carry out the activities described ity preservice and in-service clinical experi- ‘‘(8) FIELD EXPERIENCE IN MATHEMATICS, in subsections (d) and (e). ence in school settings, including the men- SCIENCE, AND TECHNOLOGY.—Creating oppor- ‘‘(b) DEFINITIONS.— toring of prospective teachers by exemplary tunities for teachers and prospective teach- ‘‘(1) ELIGIBLE PARTNERSHIP.—In this part, teachers, substantially increasing inter- ers for field experience and training through the term ‘eligible partnership’ means an en- action between faculty at institutions of participation in professional business, re- tity that— higher education and new and experienced search, and work environments in areas re- ‘‘(A) shall include— teachers, principals, and other administra- lating to mathematics, science, and tech- ‘‘(i) a partner institution; tors at elementary schools or secondary nology. ‘‘(ii) a school of arts and sciences; and schools, and providing support, including ‘‘(9) TEACHER PREPARATION ENHANCEMENT ‘‘(iii) a high-need local educational agency; training and compensation, for such inter- INTERNSHIP.—Developing a 1-year paid in- and action. ternship program for prospective teachers ‘‘(B) may include a Governor, State edu- ‘‘(3) PROFESSIONAL DEVELOPMENT.—Cre- who have completed a teacher preparation cational agency, the State board of edu- ating opportunities for enhanced and ongo- program at an institution of higher learning cation, the State agency for higher edu- ing professional development for teacher to enable such prospective teachers to ac- cation, an institution of higher education educators and other school personnel. quire the skills and experience necessary for not described in subparagraph (A), a commu- ‘‘(4) TEACHER PREPARATION AND PARENTAL success in teaching, including providing in- nity college, a public charter school, a public INVOLVEMENT.—Preparing teachers with the tensive clinical training and combining in- or private elementary school or secondary knowledge and skills to— service instruction in teacher methods and school, an educational service agency, a pub- ‘‘(A) provide instruction to diverse student assessments with classroom observations, lic or private nonprofit educational organi- populations, including individuals with dif- experiences, and practices. Such interns zation, a business, a teacher organization, or ferent learning styles, disabilities, limited- shall have a reduced teaching load and a a prekindergarten program. English proficiency, and special learning mentor for assistance in the classroom. ‘‘(2) PARTNER INSTITUTION.—In this section, needs; ‘‘(10) SCHOOL/HIGHER EDUCATION PARTNER- the term ‘partner institution’ means a pri- ‘‘(B) implement gap-closing instructional SHIPS.—Developing new models of teacher vate independent or State-supported public strategies, as appropriate; preparation that— institution of higher education, the teacher ‘‘(C) manage and improve student behavior ‘‘(A) involve partnerships between schools preparation program of which demonstrates in the classroom; and institutions of higher education; that— ‘‘(D) work with and involve parents in ‘‘(B) meet the requirements listed in sub- ‘‘(A) graduates from the teacher prepara- their children’s education; and section (d)(4); and tion program who intend to enter the field of ‘‘(E) use technology effectively in the ‘‘(C) offer leadership preparation that in- teaching exhibit strong performance on classroom. corporates recruitment, high-quality clinical State-determined qualifying assessments ‘‘(e) ALLOWABLE USES OF FUNDS.—An eligi- experience, field experiences, mentoring, and and are highly qualified; or ble partnership that receives a grant under professional development.

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‘‘(f) SPECIAL RULE.—No individual member ‘‘(1) FINDINGS.—Congress finds that rural during the first years of practice, and contin- of an eligible partnership shall retain more school districts face unique challenges in ful- ued support in maintaining high levels of than 50 percent of the funds made available filling the requirement that all teachers be skill mastery. to the partnership under this section. highly qualified, including challenges such ‘‘(b) DEFINITIONS.—In this section: ‘‘(g) CONSTRUCTION.—Nothing in this sec- as low salaries, geographic and social isola- ‘‘(1) ELIGIBLE APPLICANT.— tion shall be construed to prohibit an eligi- tion, housing shortages, poor physical work- ‘‘(A) IN GENERAL.—The term ‘eligible appli- ble partnership from using grant funds to co- ing conditions, a paucity of teacher prepara- cant’ means a consortium composed of each ordinate with the activities of more than 1 tion programs targeted to rural schools, lim- of the following: Governor, State board of education, State ited opportunities for professional develop- ‘‘(i) A school of education housed in an in- educational agency, local educational agen- ment, and the necessity for teachers to teach stitution of higher education. cy, or State agency for higher education. more than 1 grade or subject. ‘‘(ii) A college or school of arts and ‘‘SEC. 204. TEACHER RECRUITMENT GRANTS. ‘‘(2) PROGRAM AUTHORIZED.—From amounts sciences within an institution of higher edu- made available under section 211(3) for a fis- ‘‘(a) PROGRAM AUTHORIZED.—From cation. amounts made available under section 211(3) cal year, the Secretary is authorized to ‘‘(iii) Not less than 1 academic unit (such for a fiscal year, the Secretary is authorized award grants, on a competitive basis, to eli- as a department of psychology, a department gible applicants for the purpose of addressing to award grants, on a competitive basis, to of educational psychology, or a department the teacher recruitment and retention needs eligible applicants to enable the eligible ap- of human development) whose faculty fo- of eligible rural school districts and con- plicants to carry out activities described in cuses on teaching and learning, develop- sortia of eligible rural school districts. subsection (d). mental processes, and the assessment of ‘‘(3) ELIGIBILITY.—In this subsection, the ‘‘(b) ELIGIBLE APPLICANT DEFINED.—In this learning. term ‘eligible rural school district’ means a section, the term ‘eligible applicant’ ‘‘(iv) Not less than 1 local educational school district— means— agency that serves a qualified school. ‘‘(A) with a total of less than 600 students ‘‘(1) an eligible State described in section ‘‘(B) INCLUSIONS.—The term ‘eligible appli- in average daily attendance at the schools 202(b); or cant’ may include an academic unit not de- that are served by the district; and ‘‘(2) an eligible partnership described in scribed in subparagraph (A)(iii) whose fac- ‘‘(B) each of whose schools is designated ulty is able to contribute to the work of an section 203. with a school locale code of 7 or 8. ‘‘(c) APPLICATION.—Any eligible applicant academic teaching center. ‘‘(4) APPLICATION.—An eligible applicant ‘‘(2) QUALIFIED SCHOOL.—The term ‘quali- desiring to receive a grant under this section that desires to receive a grant under this fied school’ means a public elementary shall submit an application to the Secretary subsection shall submit an application to the school or public secondary school (urban, at such time, in such form, and containing Secretary at such time, in such manner, and rural, or suburban), a school district, a cam- such information as the Secretary may re- accompanied by such information as the Sec- pus school, a charter school, or any combina- quire, including— retary may require. tion or network of schools, that— ‘‘(1) a description of the assessment that ‘‘(5) USE OF FUNDS.—An eligible applicant ‘‘(A) is home to exemplary teachers who the eligible applicant, and the other entities that receives a grant under this subsection can provide high-quality mentoring and with whom the eligible applicant will carry may use the grant funds to address the needs out the grant activities, have undertaken to of eligible rural school districts through im- modeling to prospective teachers based on a determine the most critical teaching needs plementing— demonstrated record of student academic of the participating high-need local edu- ‘‘(A) incentive teacher recruitment strate- achievement; and cational agencies; gies, including tuition assistance, student ‘‘(B) demonstrates a commitment to evi- ‘‘(2) a description of the activities the eli- loan forgiveness, housing assistance, a sign- dence-based teaching confirmed by profes- gible applicant will carry out with the grant ing bonus, local programs that develop re- sional development offered to staff or by doc- and how such activities will address the cruitment strategies for secondary school umented experience with university collabo- identified needs; and students wanting to return to the commu- rations. ‘‘(3) a description of the eligible applicant’s nity as teachers, and a higher salary or ‘‘(c) APPLICATION REQUIREMENTS.—An eligi- plan for continuing the activities carried out bonus for teaching high-need academic sub- ble applicant that desires to receive a grant with the grant, once Federal funding ceases. jects, providing high-need services, or teach- under this section shall submit to the Sec- ‘‘(d) USES OF FUNDS.—Each eligible appli- ing in high-need schools; retary an application that demonstrates how cant receiving a grant under this section ‘‘(B) nonincentive teacher recruitment the proposed academic teaching center will— shall use the grant funds— strategies, including advertising, hiring ‘‘(1) ensure that prospective teachers will ‘‘(1) to assist prospective and current teachers from alternative programs, and re- have instruction in, and exposure to, sci- teachers by providing— cruiting online, from local populations, from entific research derived from the social and ‘‘(A) scholarships to help prospective the substitute teacher list, or through a behavioral sciences and applied to teaching teachers pay the costs of tuition, room, State teacher clearinghouse or job bank; and learning; board, and other expenses of completing a ‘‘(C) teacher retention strategies, including ‘‘(2) offer prospective teachers skill devel- teacher preparation program; mentoring programs for teachers during the opment opportunities in evidence-based edu- ‘‘(B) support services, if needed, to enable teachers’ first 3 years of teaching and ongo- cational interventions; scholarship recipients to complete postsec- ing opportunities for professional growth and ‘‘(3) include, involve, and utilize faculty ondary education programs; advancement; and from all members of the eligible applicant in ‘‘(C) opportunities for teachers who are not ‘‘(D) partnerships with institutions of modeling the integration of research and highly qualified to become highly qualified higher education designed to— practice in the classroom; through coursework, credentialing courses, ‘‘(i) develop or strengthen a partnership fo- ‘‘(4) foster real interdisciplinary collabora- or other mechanisms; and cused on preparing beginning teachers to tion and cross-fertilization among and be- ‘‘(D) followup services to former scholar- teach in schools served by eligible rural tween— ship recipients during such recipients’ first 3 school districts; or ‘‘(A) education faculty; years of teaching, including providing men- ‘‘(ii) assist teachers who are not highly ‘‘(B) prospective and current elementary toring by teachers who receive training and qualified to become highly qualified teachers school and secondary school teachers; compensation for the teachers’ services; or through— ‘‘(C) faculty within an academic unit who ‘‘(2) to develop and implement effective ‘‘(I) after-school or summer programs; focus on teaching and learning, develop- mechanisms, including financial incentives, ‘‘(II) electronically delivered education (e- mental processes, and the assessment of to ensure that high-need local educational learning), online, and distance learning tech- learning, such as faculty from a department agencies and high-need schools are able to nologies; and of psychology, department of educational effectively recruit and retain highly quali- ‘‘(III) flexible programs that enable mul- psychology, or department of human devel- fied teachers. tiple-subject teachers to become highly opment; and ‘‘(e) SERVICE REQUIREMENTS.—The Sec- qualified teachers. ‘‘(D) faculty from disciplines within the in- retary shall establish such requirements as ‘‘SEC. 205. ACADEMIC TEACHING CENTERS. stitution of higher education, including his- the Secretary finds necessary to ensure that ‘‘(a) PROGRAM AUTHORIZED.—The Secretary tory, English, biology, chemistry, foreign recipients of scholarships under this section is authorized to award grants, on a competi- languages, and psychology; who complete teacher preparation programs tive basis, to eligible applicants to enable ‘‘(5) enhance the ability of faculty in the subsequently teach in a high-need local edu- such applicants to create academic teaching school of education, college or school of arts cational agency, for a period of time equiva- centers. Academic teaching centers shall— and sciences, and the academic unit specified lent to the period for which the recipients re- ‘‘(1) promote excellence in the Nation’s in paragraph (4)(C) to participate more fully ceive scholarship assistance, or repay the training of prospective teachers by creating in elementary school or secondary school amount of the scholarship. The Secretary settings for the integration of education and classroom teaching; shall use any such repayments to carry out training, research, and evidence-based prac- ‘‘(6) afford novice teaching candidates op- additional activities under this section. tice; and portunities for rigorous, closely supervised ‘‘(f) RURAL EDUCATION RECRUITMENT AND ‘‘(2) provide a system of practice-based sup- internships in high-quality teaching set- RETENTION PROGRAM.— port at initial levels of preparation, training tings;

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.065 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4323 ‘‘(7) include mechanisms to assess the qual- tion 203 shall be awarded for a period of 5 than $500,000 or 0.75 percent of the funds ap- ity of teacher preparation at the academic years. If an eligible partnership receives a propriated to carry out this title, whichever teaching center by the value the center adds grant under such section, such eligible part- amount is greater, to provide technical as- to student achievement, as assessed by ob- nership may not receive an additional grant sistance to entities receiving grants under jective measures of student growth; under such section during the 5-year grant this part. ‘‘(8) ensure that teachers who have partici- period. After such grant period, such eligible ‘‘SEC. 207. ACCOUNTABILITY AND EVALUATION. pated in the academic teaching center are partnership may receive an additional grant ‘‘(a) STATE GRANT ACCOUNTABILITY RE- highly qualified upon completion of the under such section. PORT.—An eligible State that receives a teachers’ degree; and ‘‘(2) PAYMENTS.—The Secretary shall make grant under section 202 shall submit an an- ‘‘(9) apply relevant scientific research on annual payments of grant funds awarded nual accountability report to the Secretary. teaching and learning. under this part. Such report shall include a description of the ‘‘(d) USE OF FUNDS.—An eligible applicant ‘‘(b) PEER REVIEW.— degree to which the eligible State, in using that receives a grant under this section may ‘‘(1) PANEL.—The Secretary shall provide funds provided under such section, has made use the grant funds to carry out any of the the applications submitted under this part to substantial progress in meeting the fol- following activities: a peer review panel for evaluation and shall lowing goals: ‘‘(1) PROGRAM DEVELOPMENT, EVALUATION, ensure that each peer review panel reflects ‘‘(1) HIGHLY QUALIFIED TEACHERS.—Ensur- AND ACCOUNTABILITY.—Funds may be used the diversity of educational participants and ing that all teachers teaching in core aca- to— eligible grantees provided for in sections 202, demic subjects within the State are highly ‘‘(A) develop and refine mechanisms to 203, 204, and 205. With respect to each appli- qualified not later than the end of the 2005– measure the value added to student aca- cation, the peer review panel shall initially 2006 school year, as required under section demic achievement by evidence-based prac- recommend the application for funding or for 1119 of the Elementary and Secondary Edu- tice; disapproval. cation Act of 1965. ‘‘(B) develop and refine mechanisms to ‘‘(2) PRIORITY.—In recommending applica- ‘‘(2) STUDENT ACADEMIC ACHIEVEMENT.—Im- measure the value added to student aca- tions to the Secretary for funding under this proving academic achievement for all stu- demic achievement by teachers trained in part, the panel shall, with respect to grants dents. academic teaching centers; under sections 202, 203, and 204, give priority ‘‘(3) RAISING STANDARDS.—Raising the ‘‘(C) develop mechanisms to evaluate ac- to eligible States and eligible partnerships— State academic standards required to enter quisition of clinical judgment, communica- ‘‘(A) whose applications involve the devel- the teaching profession, including, where ap- tion, and problemsolving skills on the part of opment of innovative efforts aimed at reduc- propriate, through the use of incentives to ing the shortage of highly qualified teachers incorporate the requirement of an academic teacher candidates resulting from participa- from underrepresented groups, in high-need major in the subject, or related discipline, in tion in an academic teaching center; academic subjects, in high-need services, in which the teacher plans to teach. ‘‘(D) develop professional programs to en- high-need rural and urban areas, and in high- ‘‘(4) INITIAL CERTIFICATION OR LICENSURE.— hance teacher candidates’ communication need schools; Increasing the pass rate for initial State with students, families, colleagues, and ‘‘(B) whose awards promote an equitable teacher certification or licensure, or increas- other education professionals; and geographic distribution of grants throughout ing the number of highly competent individ- ‘‘(E) develop mechanisms to observe, the United States; and uals being certified or licensed as teachers evaluate, and reinforce ethical principles ‘‘(C) whose awards promote an equitable through traditional and alternative pro- though formal instructional efforts. geographic distribution of grants among grams. ‘‘(2) CURRICULUM DEVELOPMENT FOR USE IN rural and urban areas. ‘‘(5) DECREASING TEACHER SHORTAGES.—De- DEVELOPING TEACHING SKILLS.—Funds may be ‘‘(3) SECRETARIAL SELECTION.—The Sec- creasing shortages of qualified teachers from used to— retary shall determine, based on the peer re- underrepresented groups, in high-need aca- ‘‘(A) develop interactive teaching mate- view process, which applications shall re- demic subjects, in high-need services, in rials for the attainment of teaching skills in ceive funding and the amounts of the grants. high-need areas, and in high-need schools. classroom management; and In determining grant amounts, the Secretary ‘‘(6) INCREASING TEACHER RETENTION.—In- ‘‘(B) develop interactive materials regard- shall take into account the total amount of creasing teacher retention in the first 3 ing other teaching skills, such as classroom funds available for all grants under this part years of a teacher’s career. assessment and individualizing for student and the types of activities proposed to be ‘‘(7) INCREASING OPPORTUNITIES FOR PROFES- abilities and backgrounds, that can be used carried out. SIONAL DEVELOPMENT.—Increasing opportuni- at other field worksites and in education ‘‘(c) MATCHING REQUIREMENTS.— ties for enhanced and ongoing professional school courses. ‘‘(1) STATE GRANTS.—Each State served by development that improves the academic ‘‘(3) SUPPORT FOR PARTICIPANTS.—Funds an eligible State that receives a grant under content knowledge of teachers in the subject may be used to— section 202 or 204 shall provide, from non- areas in which the teachers are certified or ‘‘(A) create and implement evidence-based Federal sources, an amount equal to 50 per- licensed to teach or in which the teachers curricula to be piloted in academic teaching cent of the amount of the grant (in cash or are working toward certification or licensure centers; in kind) to carry out the activities supported to teach, and that promotes strong teaching ‘‘(B) provide workload credit for master el- by the grant. skills. ementary school or secondary school teach- ‘‘(2) PARTNERSHIP GRANTS.—Each eligible ‘‘(8) TECHNOLOGY INTEGRATION.—Increasing ers to serve as adjunct faculty at the aca- partnership receiving a grant under section the number of teachers trained in the appro- demic teaching center; and 203 or 204 shall provide, from non-Federal priate use of technology as an instructional ‘‘(C) provide workload credit for faculty at sources (in cash or in kind), an amount equal tool. the school of education and the college or to 25 percent of the grant for the first year ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.— school of arts and sciences to serve as ad- of the grant, 35 percent of the grant for the Each eligible partnership applying for a junct faculty at the academic teaching cen- second year of the grant, and 50 percent of grant under section 203 shall establish and ter. the grant for each succeeding year of the include in the application submitted under ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— grant. section 203, an evaluation plan that includes There are authorized to be appropriated to ‘‘(d) LIMITATION ON ADMINISTRATIVE EX- strong performance objectives. The plan carry out this section— PENSES.—An eligible State or eligible part- shall include objectives and measures for— ‘‘(1) $10,000,000 for fiscal year 2004; and nership that receives a grant under this part ‘‘(1) increasing the percentage of highly ‘‘(2) such sums as may be necessary for may not use more than 2 percent of the grant qualified teachers; each of the 5 succeeding fiscal years. funds for purposes of administering the ‘‘(2) improving academic achievement for ‘‘SEC. 206. ADMINISTRATIVE PROVISIONS. grant. all students; ‘‘(e) TEACHER QUALIFICATIONS PROVIDED TO ‘‘(a) DURATION; PAYMENTS.— ‘‘(3) increasing the pass rate for initial PARENTS UPON REQUEST.—Any local edu- ‘‘(1) DURATION.— cational agency or school that benefits from State teacher certification or licensure for ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- the activities assisted under this part shall individuals from traditional and alternative CANTS.—Grants awarded to eligible States make available, upon request and in an un- teacher preparation programs; and eligible applicants under sections 202, derstandable and uniform format, to any ‘‘(4) decreasing shortages of highly quali- 204, and 205 shall be awarded for a period not parent of a student attending any school fied teachers among underrepresented to exceed 3 years. If an eligible State or an served by the local educational agency, in- groups, in high-need academic subjects, in eligible applicant receives a grant under any formation regarding the professional quali- high-need services, in high-need areas, and in of such sections, such eligible State or eligi- fication of the student’s classroom teacher high-need schools; ble applicant may not receive an additional with regard to the subject matter in which ‘‘(5) increasing teacher retention in the grant under such section during the grant the teacher provides instruction. The local first 3 years of a teacher’s career; period. After such grant period, such eligible educational agency shall inform parents that ‘‘(6) increasing opportunities for enhanced State or such eligible applicant may receive the parents are entitled to receive the infor- and ongoing professional development that an additional grant under such section. mation upon request. enables teachers already in the classroom ‘‘(B) ELIGIBLE PARTNERSHIPS.—Grants ‘‘(f) TECHNICAL ASSISTANCE.—For each fis- and teacher educators to upgrade such teach- awarded to eligible partnerships under sec- cal year, the Secretary may expend not more ers’ and educators’ skills and knowledge; and

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.065 S22PT1 S4324 CONGRESSIONAL RECORD — SENATE April 22, 2004 ‘‘(7) increasing the number of teachers ‘‘(B) collaborate with colleagues, parents, ‘‘(9) Information on the extent to which trained in the appropriate use of technology community members, and other educators; teachers or prospective teachers in each as an instructional tool. and State are required to take examinations or ‘‘(c) REVOCATION OF GRANT.— ‘‘(C) work in partnership with parents to other assessments of their subject matter ‘‘(1) REPORT.—Each eligible State or eligi- advance their children’s education. knowledge in the area or areas in which the ble partnership receiving a grant under this ‘‘(b) STATE REPORT CARD ON THE QUALITY teachers provide instruction, the standards part shall report annually to the Secretary OF TEACHER PREPARATION.—Each State that established for passing any such assess- on the progress of the eligible State or eligi- receives funds under this Act shall provide to ments, and the extent to which teachers or ble partnership toward meeting the purposes the Secretary, on an annual basis and in a prospective teachers are required to receive of this part and the goals, objectives, and uniform and comprehensible manner that a passing score on such assessments in order measures described in subsections (a) and conforms with the definitions and reporting to teach in specific subject areas or grade (b). methods developed by the State for teacher levels. ‘‘(2) REVOCATION.— preparation programs, a State report card on ‘‘(10) Information on the data systems de- the quality of teacher preparation in the ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- veloped or expanded by the State under sec- State, which shall include at least the fol- CANTS.—If the Secretary determines that an tion 202(d)(2), including a description of the eligible State or eligible applicant (as de- lowing: systems and an analysis of procedures used ‘‘(1) A description of the teacher certifi- fined under section 204 or 205) is not making by the State regarding such systems. cation and licensure assessments, and any substantial progress in meeting the pur- ‘‘(11) Information on pilot studies con- other certification and licensure require- poses, goals, objectives, and measures, as ap- ducted under section 202(d)(1)(B)(iii), if appli- ments, used by the State. Such assessments propriate, by the end of the second year of a cable, including a list of teacher preparation shall— grant under this part, then the grant pay- programs (including alternative routes to ‘‘(A) be used for purposes for which such ment shall not be made for the third year of certification) that participated in such stud- assessments are valid and reliable; the grant. ies, the procedures used to provide evidence ‘‘(B) be consistent with relevant, nation- ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the Sec- that graduates of teacher preparation pro- ally recognized professional and technical retary determines that an eligible partner- grams (including those who complete alter- standards; ship is not making substantial progress in native routes to certification) are effective ‘‘(C) be aligned with the reporting require- at improving student achievement, and other meeting the purposes, goals, objectives, and ments of this section and section 207; and measures, as appropriate, by the end of the findings relevant to the impact of teacher ‘‘(D) allow for accurate and consistent re- preparation programs on student achieve- third year of a grant under this part, then porting on teacher preparation programs. the grant payments shall not be made for ment. ‘‘(2) The standards and criteria that pro- ‘‘(c) REPORT OF THE SECRETARY ON THE any succeeding year of the grant. spective teachers must meet in order to at- QUALITY OF TEACHER PREPARATION.— ‘‘(d) EVALUATION AND DISSEMINATION.—The tain initial teacher certification or licensure ‘‘(1) REPORT CARD.—The Secretary shall Secretary shall evaluate the activities fund- and to be certified or licensed to teach par- provide to Congress, and publish and make ed under this part and report the Secretary’s ticular subjects or in particular grades with- widely available, a report card on teacher findings regarding the activities to the Com- in the State. Such standards and criteria qualifications and preparation in the United mittee on Health, Education, Labor, and shall incorporate the qualifications specified States, including all the information re- Pensions of the Senate and the Committee in subsection (a). ported in paragraphs (1) through (11) of sub- on Education and the Workforce of the ‘‘(3) A description of the extent to which section (b). Such report shall identify States House of Representatives. The Secretary the assessments and requirements described for which eligible States and eligible part- shall broadly disseminate successful prac- in paragraph (1) are aligned with the State’s nerships received a grant under this part. tices developed by eligible States and eligi- standards and assessments for students. Such report shall be so provided, published, ble partnerships under this part, and shall ‘‘(4) The percentage of prospective teachers and made available annually. broadly disseminate information regarding who have completed 100 percent of the ‘‘(2) REPORT TO CONGRESS.—The Secretary such practices that were found to be ineffec- coursework required by a teacher prepara- shall report to Congress— tive. tion program at an institution of higher edu- ‘‘(A) a comparison of States’ efforts to im- ‘‘SEC. 208. ACCOUNTABILITY FOR PROGRAMS cation or alternative certification program prove teaching quality; THAT PREPARE TEACHERS. and who have taken and passed each of the ‘‘(B) regarding the national mean and me- ‘‘(a) HIGH-QUALITY TEACHER PREPARATION assessments used by the State for teacher dian scores on any standardized test that is PROGRAM.—Each applicant for a grant under certification and licensure, and the passing used in more than 1 State for teacher certifi- this part shall provide assurances that the score on each assessment that determines cation or licensure; applicant will provide prospective teachers whether a candidate has passed that assess- ‘‘(C) a description of data systems devel- with the following: ment, both of which shall be made available oped or expanded by States pursuant to sec- ‘‘(1) Knowledge of— widely and publicly. tion 202(d)(2) and an analysis of procedures ‘‘(A) the arts and sciences; ‘‘(5) Information on the extent to which used in different States regarding such sys- ‘‘(B) the science of teaching and learning; teachers in the State are given waivers of tems; and ‘‘(C) research on school impact on student State certification or licensure require- ‘‘(D) a description of pilot studies under- learning; and ments, including the proportion of such taken by States pursuant to section ‘‘(D) the academic content areas in which teachers distributed across high- and low- 202(d)(1)(B)(iii) and an analysis of procedures the teachers plan to teach. poverty school districts and across subject used in different States regarding such stud- ‘‘(2) Teaching skills that enable the teach- areas. ies. ers to— ‘‘(6) A description of each State’s alter- ‘‘(3) SPECIAL RULE.—In the case of teacher ‘‘(A) enhance student academic achieve- native routes to teacher certification, if any, preparation programs with fewer than 10 pro- ment; and standards and criteria used by the State spective teachers who have completed 100 ‘‘(B) promote the ability of students to for certification or licensure, including indi- percent of the coursework required by a apply knowledge and research findings; cators of teacher candidate skills and aca- teacher preparation program taking any sin- ‘‘(C) provide effective instruction in sub- demic content knowledge and of evidence of gle initial teacher certification or licensure ject matter content; gains in student academic achievement, and assessment during an academic year, the ‘‘(D) implement ongoing assessment of stu- the number and percentage of teachers cer- Secretary shall collect and publish informa- dent learning and the use of such assessment tified through each alternative route who tion with respect to an average pass rate on for evaluation of curriculum and instruc- pass State teacher certification or licensure State certification or licensure assessments tional practices; assessments. taken over a 3-year period. ‘‘(E) identify and address individual dif- ‘‘(7) For each State, a description of pro- ‘‘(4) DATABASE.—The Secretary shall col- ferences in ability and instructional needs; posed criteria for assessing the performance lect data and develop a national and public ‘‘(F) address the instructional needs of stu- of teacher preparation programs in the database that provides reports on States’ dents with limited-English proficiency and State, including indicators of candidate aca- passage rates on certification and licensure students with disabilities within both the demic content knowledge and teaching assessments, the placement rates for teacher general education and special education cur- skills. preparation programs, the percentage of full- ricula; ‘‘(8) For each teacher preparation program time faculty in institutions of higher edu- ‘‘(G) employ effective classroom manage- in the State, the number of prospective cation in each State who teach classes of- ment strategies; teachers in the program, the average number fered by a school, college, or department of ‘‘(H) use technology effectively in the of hours of supervised practice teaching re- education, the tracking of graduates 5 years classroom; and quired for those in the program, and the after graduating from a teacher preparation ‘‘(I) reflect on practices to improve teach- number of full-time and part-time faculty, program, and other relevant information, as ing effectiveness and student learning. excluding graduate students and clinical su- appropriate. ‘‘(3) Opportunities to— pervisors who are not on faculty, and pro- ‘‘(d) COORDINATION.—The Secretary, to the ‘‘(A) apply the teachers’ knowledge and spective teachers in supervised practice extent practicable, shall coordinate the in- skills in the classroom; teaching. formation collected and published under this

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.066 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4325 part among States for individuals who took of the data submitted pursuant to this sec- be determined solely by the State and may State teacher certification or licensure as- tion. include criteria based upon information col- sessments in a State other than the State in ‘‘(g) NATIONAL ACADEMY OF SCIENCES CORE lected pursuant to this part. Such assess- which the individual received the individ- CURRICULUM STUDY.— ment shall be described in the report under ual’s most recent degree. ‘‘(1) IN GENERAL.—The Secretary shall seek section 208(b). ‘‘(e) INSTITUTIONAL AND PROGRAM REPORT to enter into a contract with the National ‘‘(b) TERMINATION OF ELIGIBILITY.—Any in- CARDS ON QUALITY OF TEACHER PREPARA- Academy of Sciences to conduct a 2-year stitution of higher education that offers a TION.— study to develop a suggested core curriculum program of teacher preparation in which the ‘‘(1) REPORT CARD.—Each institution of for States to use as guidance when devel- State has withdrawn the State’s approval or higher education or alternative certification oping their program standards for teacher terminated the State’s financial support due program that conducts a teacher preparation preparation programs in their State. The to the low performance of the institution’s program that enrolls prospective teachers re- core curriculum shall address the peda- teacher preparation program based upon the ceiving Federal assistance under this Act gogical requirements of teacher preparation State assessment described in subsection shall report annually to the State and the programs and assist those within the edu- (a)— general public, in a uniform and comprehen- cation profession and prospective teachers to ‘‘(1) shall be ineligible for any funding for sible manner that conforms with the defini- understand what prospective teachers need professional development activities awarded tions and reporting methods developed by to know to become effective teachers. by the Department of Education; the State for teacher preparation programs, ‘‘(2) DOMAINS OF FOUNDATIONAL AND PEDA- ‘‘(2) shall not be permitted to accept or en- the following information: GOGICAL KNOWLEDGE.—The study conducted roll any prospective teacher who receives aid ‘‘(A) PASS RATE.—(i) For the most recent pursuant to paragraph (1) shall include each under title IV of this Act in the institution’s year for which the information is available, of the following domains of foundational and teacher preparation program; and the pass rate for each prospective teacher pedagogical knowledge: ‘‘(3) shall provide transitional support, in- who has completed 100 percent of the ‘‘(A) Learning, which would include build- cluding remedial services if necessary, for coursework required by the teacher prepara- ing on existing knowledge and experience prospective teachers enrolled at the institu- tion program on the teacher certification or shaped by social and cultural context in the tion at the time of termination of financial licensure assessments of the State in which community and in the classroom. support or withdrawal of approval. the institution or alternative certification ‘‘(B) Human development, which would in- ‘‘(c) NEGOTIATED RULEMAKING.—The Sec- program is located, but only for those pro- clude how children and adolescents think retary shall engage in a negotiated rule- spective teachers who took those assess- and behave, taking in account different ages, making process with representatives of ments within 3 years of completing the contexts, and learning styles. States, institutions of higher education, and coursework. ‘‘(C) Assessment, which would include the educational and student organizations when ‘‘(ii) A comparison of the institution’s or introduction of standards-based reform. developing regulations to carry out sub- alternative certification program’s pass rate ‘‘(D) Teaching skills, which would include section (b)(2). for prospective teachers who have completed ‘‘SEC. 210. GENERAL PROVISIONS. 100 percent of the coursework at the teacher providing all teachers with the tools needed to be successful in the classroom and to meet ‘‘(a) METHODS.—In complying with sections preparation program with the average pass 208 and 209, the Secretary shall ensure that rate for institutions and alternative certifi- the instructional needs of students with dis- abilities and students with limited-English States and institutions of higher education cation programs in the State. use fair and equitable methods in reporting ‘‘(iii) In the case of teacher preparation proficiency. ‘‘(E) Reading instruction, which would in- and that the reporting methods protect the programs with fewer than 10 graduates who privacy of individuals. clude taking in account different ages, con- have completed 100 percent of the ‘‘(b) SPECIAL RULE.—For each State in texts, and learning styles. coursework required by the program taking which there are no State certification or li- ‘‘(3) BEST RESEARCH; SUGGESTED TRAINING.— any single initial teacher certification or li- censure assessments, or for States that do The suggested core curriculum developed censure assessment during an academic year, not set minimum performance levels on pursuant to paragraph (1) shall— the institution or alternative certification those assessments— ‘‘(A) reflect the best research into how stu- program shall collect and publish informa- ‘‘(1) the Secretary shall, to the extent dents learn, on content-specific methods tion with respect to an average pass rate on practicable, collect data comparable to the shown to be effective with students, and on State certification or licensure assessments data required under this part from States, effective gap-closing criteria; and taken over a 3-year period. local educational agencies, institutions of ‘‘(B) include preparation in working with ‘‘(B) PROGRAM INFORMATION.—The number higher education, or other entities that ad- diverse populations, interacting with par- of prospective teachers in the program, the minister such assessments to teachers or ents, assessing classroom performance, and average number of hours of supervised prac- prospective teachers; and managing student behavior. tice teaching required for those in the pro- ‘‘(2) notwithstanding any other provision ‘‘(4) COLLABORATION.— gram, and the number of full-time equiva- of this part, the Secretary shall use such ‘‘(A) IN GENERAL.—In conducting the study lent faculty and prospective teachers in su- data to carry out requirements of this part under paragraph (1), the National Academy pervised practice teaching. related to assessments or pass rates. of Sciences shall collaborate with interested ‘‘(C) STATEMENT.—In States that require ‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFI- parties in developing the suggested core cur- approval or accreditation of teacher edu- CATION PROHIBITED.—Nothing in this part cation programs, a statement of whether the riculum. shall be construed to permit, allow, encour- institution’s teacher preparation program or ‘‘(B) INTERESTED PARTIES.—In this para- age, or authorize the Secretary to establish alternative certification program’s teacher graph, the term ‘interested parties’ means— or support any national system of teacher preparation program is so approved or ac- ‘‘(i) college presidents; certification. credited, by the State and any other entities, ‘‘(ii) deans of teacher education programs; ‘‘(d) RELEASE OF INFORMATION TO TEACHER as applicable. ‘‘(iii) teacher preparation faculty; PREPARATION PROGRAMS.— ‘‘(iv) chief State school officers; ‘‘(D) DESIGNATION AS LOW-PERFORMING.— ‘‘(1) IN GENERAL.—For the purpose of im- Whether the program has been designated as ‘‘(v) school superintendents; proving teacher preparation programs, a low-performing by the State under section ‘‘(vi) teacher organizations; State educational agency shall provide to a 209(a). ‘‘(vii) exemplary teachers; teacher preparation program, upon the re- ‘‘(viii) teacher preparation accrediting or- ‘‘(2) REQUIREMENT.—The information de- quest of the teacher preparation program, scribed in paragraph (1) shall be reported ganizations; any and all pertinent education-related in- through publications such as school catalogs ‘‘(ix) nonprofit education organizations; formation that— and promotional materials sent to potential ‘‘(x) organizations or associations rep- ‘‘(A) may enable the teacher preparation applicants, secondary school guidance coun- resenting the scientific disciplines associ- program to evaluate the effectiveness of the selors, and prospective employers of the in- ated with teaching and learning; and program’s graduates or the program itself; stitution’s or alternative certification pro- ‘‘(xi) other entities determined appropriate and gram’s teacher preparation program grad- by the National Academy of Sciences. ‘‘(B) is possessed, controlled, or accessible uates, including materials sent by electronic ‘‘SEC. 209. STATE FUNCTIONS. by the State educational agency. means. ‘‘(a) STATE ASSESSMENT.—In order to re- ‘‘(2) CONTENT OF INFORMATION.—The infor- ‘‘(3) FINES.—In addition to the actions au- ceive funds under this Act, a State shall de- mation described in paragraph (1)— thorized in section 487(c), the Secretary may velop a procedure to identify, and assist, ‘‘(A) shall include an identification of spe- impose a fine not to exceed $25,000 on an in- through the provision of technical assist- cific individuals who graduated from the stitution of higher education or an alter- ance, low-performing programs of teacher teacher preparation program to enable the native certification program for failure to preparation within institutions of higher teacher preparation program to evaluate the provide the information described in this education. Such State shall provide the Sec- information provided to the program from subsection in a timely or accurate manner. retary an annual list of such low-performing the State educational agency with the pro- ‘‘(f) DATA QUALITY.—The eligible State institutions that includes an identification gram’s own data about the specific courses shall attest annually, in writing, as to the of those institutions at-risk of being placed taken by, and field experiences of, the indi- reliability, validity, integrity, and accuracy on such list. Such levels of performance shall vidual graduates; and

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.066 S22PT1 S4326 CONGRESSIONAL RECORD — SENATE April 22, 2004 ‘‘(B) may include— ‘‘(3) One or more of the following entities: ‘‘(2) evaluating the effectiveness of the ‘‘(i) kindergarten through grade 12 aca- ‘‘(A) An institution of higher education project. demic achievement and demographic data, (other than the institution described in para- ‘‘(b) PERMISSIBLE USES.—The consortium without individual identifying information, graph (1)). may use funds made available under this for students who have been taught by grad- ‘‘(B) A school or department of education part for a project, described in the applica- uates of the teacher preparation program; at an institution of higher education. tion submitted by the consortium under this and ‘‘(C) A school or college of arts and part, that carries out the purpose of this ‘‘(ii) teacher effectiveness evaluations for sciences (as defined in section 201) at an in- part, such as the following: teachers who graduated from the teacher stitution of higher education. ‘‘(1) Developing and implementing high- preparation program. ‘‘(D) A professional association, founda- quality teacher preparation programs that ‘‘(3) PRIVACY.—Actions taken pursuant to tion, museum, library, for-profit business, enable educators— paragraph (1) shall not be considered a viola- public or private nonprofit organization, ‘‘(A) to learn the full range of resources tion of section 444 of the General Education community-based organization, or other en- that can be accessed through the use of tech- Provisions Act or of the individual’s privacy tity, with the capacity to contribute to the nology; pursuant to any other provision of law. Any technology-related reform of teacher prepa- ‘‘(B) to integrate a variety of technologies information obtained by a teacher prepara- ration programs. into curricula and instruction in order to ex- tion program in accordance with this section ‘‘(b) APPLICATION REQUIREMENTS.—In order pand students’ knowledge; shall be considered a part of the graduate’s to receive a grant or enter into a contract or ‘‘(C) to evaluate educational technologies education records and shall be protected as cooperative agreement under this part, an el- and their potential for use in instruction; such. igible applicant shall submit an application ‘‘(D) to help students develop their tech- ‘‘SEC. 211. AUTHORIZATION OF APPROPRIATIONS. to the Secretary at such time, in such man- nical skills; and ‘‘There are authorized to be appropriated ner, and containing such information as the ‘‘(E) to use technology to collect, manage, to carry out this part $500,000,000 for fiscal Secretary may require. Such application and analyze data to improve teaching, learn- year 2004 and such sums as may be necessary shall include the following: ing, and decisionmaking for the purpose of for each of the 5 succeeding fiscal years, of ‘‘(1) A description of the proposed project, increasing student academic achievement. which— including how the project would— ‘‘(2) Developing and implementing high- ‘‘(1) 20 percent shall be available for each ‘‘(A) ensure that individuals participating quality teacher preparation programs that fiscal year to award grants under section 202; in the project would be prepared to use ad- prepare educators in— ‘‘(2) 60 percent shall be available for each vanced technology to prepare all students, ‘‘(A) the uses and application of tech- fiscal year to award grants under section 203; including groups of students who are under- nology, including universally designed tech- and represented in technology-related fields and nologies, assistive technology devices, and ‘‘(3) 20 percent shall be available for each groups of students who are economically dis- assistive technology services; and fiscal year to award grants under section advantaged, to meet challenging State and ‘‘(B) maximizing access for students with 204.’’. local academic content and student aca- disabilities to participate in the general edu- (b) PREPARING TOMORROW’S TEACHERS TO demic achievement standards; and cation curriculum through the use of such USE TECHNOLOGY.—Part B of title II of the ‘‘(B) improve the ability of at least 1 par- technology. Higher Education Act of 1965 (20 U.S.C. 1041 ticipating institution of higher education de- ‘‘(3) Developing alternative teacher devel- et seq.) is amended to read as follows: scribed in section 222(a)(1) to ensure such opment paths that provide elementary ‘‘PART B—PREPARING TOMORROW’S preparation. schools and secondary schools with well-pre- TEACHERS TO USE TECHNOLOGY ‘‘(2) A demonstration of— pared, technology-proficient educators. ‘‘SEC. 221. PURPOSE AND PROGRAM AUTHORITY. ‘‘(A) the commitment, including the finan- ‘‘(4) Developing achievement-based stand- ‘‘(a) PURPOSE.—It is the purpose of this cial commitment, of each of the members of ards and assessments aligned with the stand- part to assist consortia of public and private the consortium for the proposed project; and ards to measure the capacity of prospective entities— ‘‘(B) the active support of the leadership of teachers to use technology effectively in ‘‘(1) to carry out programs that prepare each organization that is a member of the their classrooms. prospective teachers to use advanced tech- consortium for the proposed project. ‘‘(5) Providing technical assistance to enti- nology to prepare all students to meet chal- ‘‘(3) A description of how each member of ties carrying out other teacher preparation lenging State and local academic content the consortium will participate in project programs. and student academic achievement stand- activities. ‘‘(6) Developing and disseminating re- ards; and ‘‘(4) A description of how the proposed sources and information in order to assist in- ‘‘(2) to improve the ability of institutions project will be continued after Federal funds stitutions of higher education to prepare of higher education to carry out such pro- are no longer awarded under this part for the teachers to use technology effectively in grams. project. their classrooms. ‘‘(b) PROGRAM AUTHORITY.— ‘‘(5) A plan for the evaluation of the ‘‘(7) Subject to section 222(c)(2), acquiring ‘‘(1) IN GENERAL.—The Secretary is author- project, which shall include benchmarks to technology equipment, networking capabili- ized to award grants to eligible applicants, monitor progress toward specific project ob- ties, infrastructure, software, and digital or enter into contracts or cooperative agree- jectives. curricula to carry out the project. ments with eligible applicants, on a competi- ‘‘(c) MATCHING REQUIREMENTS.— ‘‘SEC. 224. AUTHORIZATION OF APPROPRIATIONS. tive basis in order to pay for the Federal ‘‘(1) IN GENERAL.—The Federal share of the ‘‘There are authorized to be appropriated share of the cost of projects to develop or re- cost of any project funded under this part to carry out this part— design teacher preparation programs to en- shall not exceed 50 percent. Except as pro- ‘‘(1) $200,000,000 for fiscal year 2004; and able prospective teachers to use advanced vided in paragraph (2), the non-Federal share ‘‘(2) such sums as may be necessary for technology effectively in their classrooms. of the cost of such project may be provided each of the 5 succeeding fiscal years.’’. ‘‘(2) DISTRIBUTION.—In awarding grants, or in cash or in kind, fairly evaluated, includ- (c) CENTERS OF EXCELLENCE.— entering into contracts or cooperative agree- ing services. (1) IN GENERAL.—Title II of the Higher Edu- ments under this part, the Secretary shall ‘‘(2) ACQUISITION OF EQUIPMENT.—Not more cation Act of 1965 (20 U.S.C. 1021 et seq.) is ensure an equitable distribution of financial than 10 percent of the funds awarded for a amended by adding at the end the following: assistance among eligible applicants located project under this part may be used to ac- ‘‘PART C—CENTERS OF EXCELLENCE in urban and rural areas of the United quire equipment, networking capabilities, or ‘‘SEC. 231. PURPOSES; DEFINITIONS. States. infrastructure, and the non-Federal share of ‘‘(a) PURPOSES.—The purposes of this part ‘‘(3) PERIOD OF AWARDS.—The Secretary the cost of any such acquisition shall be pro- are— may award grants, or enter into contracts or vided in cash. ‘‘(1) to help recruit, prepare, and retain cooperative agreements, under this part for ‘‘SEC. 223. USE OF FUNDS. teachers, including minority teachers, to periods that are not more than 5 years in du- ‘‘(a) REQUIRED USES.—A consortium that meet the national demand for a highly quali- ration. receives a grant or enters into a contract or fied teacher in every classroom; ‘‘SEC. 222. ELIGIBILITY. cooperative agreement under this part shall ‘‘(2) to help recruit, prepare, and retain ‘‘(a) ELIGIBLE APPLICANTS.—In order to re- use funds made available under this part principals (including minority principals and ceive a grant or enter into a contract or co- for— assistant principals) to address the shortage operative agreement under this part, an ap- ‘‘(1) a project creating 1 or more programs of principals in our Nation’s public elemen- plicant shall be a consortium that includes that prepare prospective teachers to use ad- tary schools and secondary schools; and the following: vanced technology to prepare all students, ‘‘(3) to increase opportunities for Ameri- ‘‘(1) At least 1 institution of higher edu- including groups of students who are under- cans of all educational, ethnic, class, and ge- cation that awards baccalaureate degrees represented in technology-related fields and ographic backgrounds to become highly and prepares teachers for their initial entry groups of students who are economically dis- qualified teachers and principals. into teaching. advantaged, to meet challenging State and ‘‘(b) DEFINITIONS.—In this part: ‘‘(2) At least 1 State educational agency or local academic content and student aca- ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli- local educational agency. demic achievement standards; and gible institution’ means—

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.066 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4327 ‘‘(A) an institution of higher education— ‘‘(A) Implementing reforms within teacher ‘‘(A) 25 percent of the grant award for the ‘‘(i) that has a teacher preparation pro- preparation programs to ensure that such first year of the grant; gram that meets the requirements of such a programs are preparing teachers who are ‘‘(B) 35 percent of the grant award for the program under section 203(b)(2); highly qualified, are able to understand sci- second year of the grant; and ‘‘(ii) that is— entifically based research, and are able to ‘‘(C) 50 percent of the grant award for the ‘‘(I) a part B institution (as defined in sec- use advanced technology effectively in the third year of the grant. tion 322); classroom, including use of instructional ‘‘(2) WAIVER.—The Secretary may waive ‘‘(II) a Hispanic-serving institution (as de- techniques to improve student academic the matching requirement under paragraph fined in section 502); achievement, by— (1) for an eligible institution if the Secretary ‘‘(III) a Tribal College or University (as de- ‘‘(i) developing and implementing pro- determines, based on regulations promul- fined in section 316); grams that enhance the competencies of fac- gated by the Secretary, that such require- ‘‘(IV) an Alaska Native-serving institution ulty to reflect advances in theory, research, ment would be a financial burden for such in- (as defined in section 317); and practice; and stitution. ‘‘(V) a Native Hawaiian-serving institution ‘‘(ii) designing or redesigning teacher prep- ‘‘(h) LIMITATION ON ADMINISTRATIVE EX- (as defined in section 317); or aration programs that— PENSES.—An eligible institution that re- ‘‘(VI) an institution determined by the ‘‘(I) prepare teachers to close student ceives a grant under this part may use not Secretary to have enrolled a substantial achievement gaps; more than 2 percent of the grant funds for number of minority, low-income students ‘‘(II) prepare teachers to utilize scientif- purposes of administering the grant. during the previous academic year who re- ically based research and rigorous academic ‘‘(i) REGULATIONS.—The Secretary shall ceived assistance under subpart 1 of part A of content and to teach rigorous academic con- prescribe such regulations as may be nec- title IV for that year; and tent and challenging State academic content essary to carry out this part. ‘‘(iii) that has not received a grant under standards; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— this part during the 5-year period preceding ‘‘(III) promote strong teaching skills. There are authorized to be appropriated to the date the institution applies for a grant ‘‘(B) Providing sustained and high-quality carry out this part— under this part; preservice clinical experience, including the ‘‘(1) $10,000,000 for fiscal year 2004; and ‘‘(B) a consortium of institutions described mentoring of prospective teachers and prin- ‘‘(2) such sums as may be necessary for in subparagraph (A); or cipals by exemplary teachers and principals, each of the 5 succeeding fiscal years.’’. ‘‘(C) an institution described in subpara- respectively; substantially increasing inter- (2) TRANSITION.—The Secretary of Edu- graph (A), or a consortium described in sub- action between faculty at institutions of cation shall take such actions as the Sec- paragraph (B), in partnership with any other higher education and new and experienced retary determines to be appropriate to pro- institution of higher education, but only if teachers, principals, and other administra- vide for the orderly implementation of this the center of excellence established under tors at elementary schools or secondary subsection. section 232 is located at an institution de- schools; providing support, including prepa- scribed in subparagraph (A). ration time, for such interaction. THE CAPACITY TO LEARN FOR ALL STUDENTS ‘‘(2) HIGHLY QUALIFIED.—The term ‘highly ‘‘(C) Developing and implementing initia- AND SCHOOLS (CLASS) ACT OF 2004 qualified’ has the meaning given such term tives to promote retention of highly quali- Senator Bingaman’s CLASS Act is de- in section 9101 of the Elementary and Sec- fied teachers and principals, particularly mi- signed to strengthen the Teacher Quality ondary Education Act of 1965 (20 U.S.C. 7801). nority teachers and principals, including Enhancement Grants program of the Higher ‘‘(3) SCIENTIFICALLY BASED RESEARCH.—The programs that provide— Education Act by expanding the capacity of term ‘scientifically based research’ has the ‘‘(i) teacher or principal mentoring from teachers and schools to offer all students the meaning given such term in section 9101 of exemplary teachers or principals, respec- quality of instruction they need and deserve. the Elementary and Secondary Education tively; or What will the CLASS Act accomplish? This Act of 1965 (20 U.S.C. 7801). ‘‘(ii) induction and support for teachers capacity-enhancing act will: ‘‘(4) TEACHING SKILLS.—The term ‘teaching and principals during their first 3 years of Ensure that all teachers are highly quali- skills’ means skills— employment as teachers or principals, re- fied, have strong teaching skills, understand ‘‘(A) grounded in the science of teaching spectively. scientifically based research and its applica- and learning that teachers use to create ef- ‘‘(2) PERMISSIBLE USES.—An eligible insti- bility, and can use technology effectively in fective instruction in subject matter content tution that receives a grant under this part the classroom. and that lead to student achievement and may use a portion of the grant funds to carry Empower teachers and schools to provide the ability to apply knowledge; and out 1 or more of the following activities: access for all students to a high-quality gen- ‘‘(B) that require an understanding of the ‘‘(A) Awarding scholarships based on finan- eral education curriculum, including stu- learning process itself, including an under- cial need to help students pay the costs of dents with disabilities and limited-English standing of— tuition, room, board, and other expenses of proficiency. Better prepare students for postsecondary ‘‘(i) the use of strategies specific to the completing a teacher preparation program or education and a competitive workforce. subject matter; principal preparation program. Enhance the ability of schools, districts, ‘‘(ii) ongoing assessment of student learn- ‘‘(B) Disseminating information on effec- and states to collect, analyze, and utilize ing and the use of such assessment for eval- tive practices for teacher preparation and in- data to improve schools and programs and to uation of curriculum and instructional prac- duction and successful teacher certification fulfill the requirements of No Child Left Be- tices; and licensure assessment preparation strate- hind and the Higher Education Act. ‘‘(iii) identification of individual dif- gies. ‘‘(C) Disseminating information on effec- How will the CLASS Act accomplish these ferences in ability and instructional needs; goals? The CLASS Act provides the following ‘‘(iv) the use of strategies that will meet tive practices for principal preparation, suc- cessful principal certification and licensure capacity-building resources: the instructional needs of students with dis- Data systems designed to improve public abilities and students with limited-English preparation strategies, and successful prin- cipal induction. education, including enhancing teacher prep- proficiency; aration programs. State educational agen- ‘‘(v) classroom management; and ‘‘(D) Activities authorized under sections 202, 203, and 204. cies can apply for new Data Systems Grants ‘‘(vi) interaction with parents and others that enable them to develop data systems to promote student learning. ‘‘(d) MINIMUM GRANT AMOUNT.—The min- imum amount of each grant under this part that have the capacity to integrate and co- ‘‘SEC. 232. CENTERS OF EXCELLENCE. shall be $500,000. ordinate individual student data from edu- ‘‘(a) PROGRAM AUTHORIZED.—From the ‘‘(e) DURATION.—Grants awarded under this cational and employment settings; to con- amounts appropriated to carry out this part, part shall be for a period of 3 years. duct analyses necessary for evaluating pro- the Secretary shall award competitive ‘‘(f) DISBURSEMENT.—An eligible institu- grams and policies and identifying best prac- grants to eligible institutions to establish tion that receives a grant under this part tices; and to facilitate alignment among centers of excellence. shall receive— schools, institutions of higher education, and ‘‘(b) APPLICATION.—Any eligible institution ‘‘(1) 60 percent of the grant award during employment settings. desiring a grant under this part shall submit the first year of the grant period; Academic Teaching Centers that feature a an application to the Secretary at such a ‘‘(2) 25 percent of the grant award during model teaching laboratory: a setting for the time, in such a manner, and accompanied by the second year of the grant period; and integration of education and training, re- such information the Secretary may require. ‘‘(3) 15 percent of the grant award during search, and evidence-based practice for ‘‘(c) USE OF FUNDS.— the third year of the grant period. teacher candidates, university professors, ‘‘(1) REQUIRED USES.—An eligible institu- ‘‘(g) MATCHING REQUIREMENT.— and master teachers. tion that receives a grant under this part ‘‘(1) IN GENERAL.—Each eligible institution A Professional Development Program that shall use the grant funds to establish a cen- that receives a grant under this part shall encourages innovation by allowing states to ter of excellence that shall ensure that cur- provide matching funds, from non-Federal pursue alignment with National Board for rent and future teachers are highly qualified, sources that may be in cash or in the form of Professional Teaching Standards, a tiered li- by carrying out 1 or more of the following in-kind contributions, in an amount equal censure system, multiple career paths, and activities: to— opportunities for professional growth.

VerDate mar 24 2004 03:41 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.066 S22PT1 S4328 CONGRESSIONAL RECORD — SENATE April 22, 2004 A Rural Education Recruitment and Re- The goal of our legislation is to make The overwhelming majority of nurses tention Program designed to address the sure that hospitals know—to make are excellent practitioners of medicine needs of rural districts by funding a range of sure that employers have access to who save countless lives every day. recruitment strategies, such as tuition and critical information on health care Nurse Cullen is the exception—not the housing assistance, and retention strategies, practitioners. It will ensure that ad- such as mentoring programs and professional rule—he was a bad apple of the worst development. verse employment actions, licensing kind. Centers of Excellence that will increase and disciplinary actions, and criminal As many as 40 people died as a result minority teacher recruitment, development, background information are available of Charles Cullen’s actions. He did it at and retention. to all health care employers. The different hospitals in different States. Rigorous standards for teacher certifi- SHARE Act mandates that hospitals But no one put the pieces of the puzzle cation or licensure to ensure that all pro- and other health care entities report together for decades. spective teachers meet the same high state adverse employment actions taken standards. That is why the legislation Senator Strengthened accountability through im- against employees who violate profes- CORZINE and I are introducing is so im- proved assessment procedures for teacher sional standards of conduct. This would portant. This legislation adds nurses to certification or licensure that are valid and include things like drug diversion and the centralized, national data bank of reliable, are aligned with reporting require- falsification of documents. medical errors and misconduct. Our ments, and allow for accurate and consisting Importantly, the legislation protects bill will require hospitals to notify reporting. health care employers from suit when state nursing boards—and the national A state-level needs assessment to identify they, in good faith, report information data bank—if they launch an investiga- areas of greatest need and to ensure the ef- that they believe is truthful. Any em- fective use of federal funds. tion into an employee—something Sen- ployer who reports false information in ator CORZINE and I believe is badly By Mr. CORZINE (for himself, an effort to smear a nurse’s record needed. The bill also requires hospitals Mr. LAUTENBERG, and Mr. DUR- would receive no protection under our to reference the national database BIN): bill. In fact, anyone who abused the in- when hiring nurses and other licensed S. 2341. A bill to amend the Health formation reported to the databank health care professinals. Care Quality Improvement Act of 1986 would be fined by the Federal Govern- We must prevent more people like to expand the National Practitioner ment. Charles Cullen from becoming nurses Data Bank; to the Committee on Health care employers, such as hos- in the future. The vast majority of Health, Education, Labor, and Pen- pitals and nursing homes, would be re- nurses out there are dedicated profes- sions. quired to report to the National Practi- sionals, but we need a way to track and Mr. CORZINE. Mr. President, I rise tioner Databank, which currently pro- monitor the few who are using the pro- today to introduce legislation, the Safe vides such information on physicians. fession as a means to commit terrible They would also be required to report Healthcare Reporting (SHARE) Act, crimes. It makes no sense to allow a to the appropriate state licensing which Senator LAUTENBERG and I have medical professional to go from job to board. In turn the State licensing developed to add nurses and other li- job, leaving under suspicious cir- board would report the results of its in- censed health care professionals to the cumstances, with virtually no means of vestigations and licensing or discipli- National Practitioner Databank. detection. nary actions to the databank. The leg- In 1986, Congress passed legislation Cullen’s ability to perpetrate such islation also encourages nurses and that established a national databank, despicable acts against patients high- other health care professionals to re- the National Practitioner Databank lights serious flaws in our current sys- port suspected activities to state (NPDB), to track licensing, discipli- tem. The system let this man slip boards by providing whistleblower pro- nary, and medical malpractice actions through the cracks and continue to tections to those individuals. taken against U.S. physicians. While work as a professional healthcare pro- the NPDB has served as an important The SHARE Act also ensures that a practitioner who is subject to reporting vider even as investigations of his source of information on physicians, it is informed of the report, offered a killings at previous employers were fails to incorporate critical informa- hearing on the issue, and allowed to being launched. This is appalling. tion on millions of non-physician li- comment on the report. Patient safety must always be at the censed health care professionals, in- I believe that this legislation is a forefront. Our bill will close the holes cluding nurses. critical first step toward improving ac- in this system and make it harder for The recent case of Charles Cullen, a cess to important information on our people like Charles Cullen to commit New Jersey nurse who has claimed re- health care workforce. Since 1986, the such horrific crimes in the future. sponsibility for as many as 40 murders Federal Government has required hos- I look forward to working in a bi-par- carried out at multiple hospitals in pitals to report employment informa- tisan fashion to further this important New Jersey and Pennsylvania over the tion on physicians. It’s time we include legislation. last decade, has highlighted the need nurses and other health care profes- for a national reporting system on sionals that provide direct patient By Mr. WARNER: nurses and other licensed health pro- care. In fact, the average nurse spends S. 2342. A bill to designate additional fessionals. As the health care work- more time at a patient’s bedside than National Forest System lands in the force becomes increasingly mobile, the patient’s physician. We simply State of Virginia as wilderness, to es- such a system would be an invaluable must ensure that the person at the bed- tablish the Seng Mountain and Craw- resource to health care employers side is competent and professional. fish Valley Scenic Areas, to provide for seeking information on potential em- I look forward to working with my the development of trail plans for the ployees. colleagues on both sides of the aisle to wilderness areas and scenic areas, and The SHARE Act will help break the move this bill through Congress and for other purposes; to the Committee chain of silence currently plaguing our get it to the President’s desk. We must on Agriculture, Nutrition, and For- health care system. This chain of si- and we can improve patient safety and estry. lence prevented critical employment the integrity of our health care sys- Mr. WARNER. Mr. President, I rise history on Cullen—including five tem. This bill takes an important step today to introduce an important piece firings and at least one suspension— toward that goal. of legislation for my State, the Vir- from ever reaching his future employ- Mr. LAUTENBERG. Mr. President, I ginia Ridge and Valley Wilderness and ers. While Charles Cullen kept killing rise to join my colleague, Senator National Scenic Areas Act of 2004. This people, hospitals kept hiring him. They CORZINE, in introducing the Safe bill will add four new wilderness areas, didn’t know his history. They didn’t Healthcare Reporting (SHARE) Act. five additions to existing wilderness understand the risk he posed to pa- The first rule of the medical profes- areas, and two National Scenic Areas tients. This is because hospitals and sion is ‘‘do no harm.’’ Unfortunately, to the Jefferson National Forest. Con- other employers are reluctant to share Charles Cullen spent his career doing gressman RICK BOUCHER is introducing employee information because they are harm to people in New Jersey and companion legislation in the United afraid of being sued. Pennsylvania. States House of Representatives.

VerDate mar 24 2004 03:41 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.064 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4329 It is no coincidence that I introduce crucial step in our quest to preserve In addition, the Medicare drug ben- this legislation on Earth Day, a time these lovely areas for the enjoyment efit will provide substantial assistance when we can reflect on our natural and use of future generations. to those with catastrophic drug costs. world and the obligations we have to Specifically, after a beneficiary spends protect the earth which provides so By Mr. CONRAD (for himself and $3,600 out-of-pocket, Medicare will pick richly for us. Throughout my career in Mrs. LINCOLN): up 95 percent of the cost. This cata- the United States Senate, I have S. 2343. A bill to amend title XVIII of strophic coverage is an important com- strived to preserve Virginia’s natural the Social Security Act to improve the ponent of the bill, which we estimate resources and heritage through the des- medicare program, and for other pur- will help nearly 11 percent of North Da- ignation of wilderness areas. In fact, I poses; to the Committee on Finance. kota seniors better afford high-cost Mr. CONRAD. Mr. President, today, I have worked to pass three wilderness medications. am being joined by Senator BLANCHE bills through Congress. I stood here not As we move forward on implementing LINCOLN in introducing the Medicare four years ago and introduced a bill this new benefit, it is my strong hope Prescription Drug Improvement Act that added two exceptional areas in the that it will improve health care cov- (MEND) of 2004, which aims to make erage for the millions of seniors across George Washington National Forest to various improvements to the recently the Nation who are struggling to afford the wilderness system. With the help of enacted Medicare Prescription Drug, life-saving and life-enhancing medica- many, that legislation is now law, and Modernization, and Improvement Act tions. Virginia has approximately 100,434 of 2003 (H.R. 1). acres of designated wilderness lands. I said when we passed H.R. 1 that we Finally, another major reason that I However, there is still work to be could do better for seniors and that I supported the Medicare bill is that it done. Within the Jefferson National would keep pushing to improve the includes a whole host of rural provider Forest, designated wilderness areas Medicare drug bill. This bill is an im- payment reforms that I authored along total only 7 percent of the total forest portant first step in that effort. It pro- with Senator CRAIG THOMAS from Wyo- acreage. The enactment of this legisla- vides a better, more stable prescription ming and Representative EARL POM- tion will substantially increase our op- drug benefit and lowers the costs of EROY from my State of North Dakota. portunities for uninterrupted enjoy- drugs for seniors. It also removes the These measures take important steps ment in the forest with the addition of giveaways to health plans and it will to address payment disparities that nearly 29,000 acres of new wilderness reduce the deficit. In short, this bill is were causing rural health care pro- areas and almost 12,000 acres of na- a win for seniors, a win for good gov- viders to receive significantly less re- tional scenic areas. ernment, and a win for taxpayers. imbursement than their urban counter- Virginia is blessed with great beauty I supported the new Medicare law, parts. Over the next 10 years, these and natural diversity. From the com- but this was not an easy decision. payment changes will improve funding plex ecosystem of the Chesapeake Bay, While this legislation takes important to the rural health care system by to the exquisite vistas, streams, vege- steps to add a drug benefit to the Medi- more than $20 billion. It is my hope tation, and wildlife of the Shenandoah care program and makes needed pro- that these important provisions will Mountains, residents and visitors alike vider payment reforms, this legislation help ensure health care providers can can enjoy a bountiful array of natural has many flaws that must be ad- continue offering quality and afford- treasures. As demand for development dressed. The legislation I am unveiling able health care services to rural com- in Virginia increases, it becomes in- today takes steps in this direction. munities in my State and across the cumbent upon Congress to act expedi- Before I describe this new effort, I’d Nation. tiously to protect these wild lands. first like to highlight why I believe Those are positive aspects of the re- Through wilderness and national scenic supporting the Medicare bill was the cently enacted Medicare legislation. area designations, we can ensure that right decision, particularly for Medi- But, as I said when we passed it, the these areas retain their primeval char- care beneficiaries in my home State of bill also had a number of significant acter and influences. North Dakota. flaws. The bill I am introducing today I consider myself an avid outdoors- The first—and most basic—reason I addresses these flaws and makes some man, and I enjoy opportunities for supported this legislation is because it important improvements to the new recreation. I want to stress the many takes critical steps to add a drug ben- Medicare law. activities that will continue to occur efit to the Medicare program. This ben- To be clear, my new legislation does in these wilderness areas, including: efit will provide America’s seniors—for not include every change I would like hunting, fishing, hiking, camping, ca- the first time—the opportunity to re- to make to the Medicare law. To do noeing, and horseback riding, to name ceive help with their medication costs. that, we would need to spend hundreds a few. In addition, the Wilderness Act If seniors are satisfied with their cur- of billions of dollars. Given the Federal is flexible and provides for reasonable rent health care coverage, they do not budget deficit we are facing, this is local forest management and emer- have to sign up for this new benefit. simply not possible. gency services in wilderness areas, But if they need extra help covering But it is possible to make some com- such as the use of motorized equipment their prescription costs, the new Medi- mon-sense improvements to the bill. and aircraft for search and rescue oper- care drug benefit offers an important And that is what my legislation does. ations; or to combat fire, insects and coverage option. Let me describe it in further detail. disease. The second major reason I supported The first area of my bill will include I am particularly pleased to include this legislation is because it provides a new measures to reduce the costs of in the legislation an authorization for very generous benefit for lower-income prescription drugs. We know that drug the establishment of a non-motorized seniors with incomes below 150 percent costs have skyrocketed over the last trail between County Route 650 and of the Federal poverty. Under the legis- few years. This is a real problem for Forest Development Road 4018 outside lation, about 40 percent of seniors in seniors and others across the Nation of the new Raccoon Branch Wilderness North Dakota will get the vast major- who are having increasing trouble af- area. This trail will follow the historic ity of their drugs covered, with mini- fording their medications. Rye Valley Railroad Grade and will be mal out-of-pocket costs. This extra as- It is also a problem for the Medicare a popular route for mountain bikers, sistance will make a critical difference program, which will face increasing equestrians and hikers. In addition, to lower-income seniors in my State, cost pressures when we add the new this bill directs the Forest Service to many of whom have told me that they drug benefit. Given this situation, we develop trail plans for the wilderness are often faced with the choice of pay- must take steps to reduce and control and national scenic areas. ing for their medicines or paying for drug costs. My legislation would do As a father and a grandfather, I feel food, rent and other living costs. In my that in two ways. a weighty obligation to ensure that our view, this is a choice that no senior cit- First, it would allow pharmacists and children have lasting opportunities to izen should be forced to make. The leg- licensed wholesalers to reimport less enjoy Virginia’s immense natural beau- islation we passed took important expensive drugs from Canada. The ty and diversity. This legislation is a steps to address this problem. Medicare bill gives the Department of

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.102 S22PT1 S4330 CONGRESSIONAL RECORD — SENATE April 22, 2004 Health and Human Services authority My bill also includes other measures S. 2344. A bill to permit States to re- to allow this reimportation, but it put to provide seniors with better informa- quire insurance companies to disclo- roadblocks in place that will effec- tion about the new drug benefit. Spe- sure insurance information; to the tively ensure reimportation never hap- cifically, it would require drug plans to Committee on the Judiciary. pens. provide seniors with detailed informa- Mrs. BOXER. Mr. President, today I My bill would remove these road- tion about what drugs will be covered— am introducing the Armenian Victims blocks and allow reimportation to before the seniors signs up. It also Insurance Fairness Act. This bill is the begin immediately. If at any time a re- would require that plans inform seniors Senate companion to legislation intro- imported drug is found to be unsafe, of any changes to these covered drugs— duced by Congressman ADAM SCHIFF, the Secretary would have authority to either through the telephone, by mail my good friend and colleague from the immediately suspend reimportation of or on the Internet. 29th District of California. this product. My legislation would also take other This legislation authorizes states to The second thing my bill would do to steps to protect seniors by repealing enact laws that require insurance com- reduce costs is to allow the Secretary the premium support demonstration panies to disclose and make public in- of HHS to negotiate with drug compa- project that is set to begin in 2010. Al- formation about any policy issued in nies to lower the costs of medications though seniors will be able to choose areas controlled by the Ottoman Em- in the new drug benefit. whether they want to enter private pire between 1875 and 1923. As my colleagues know, the Medicare plans under this demonstration, I be- This week marks the 89th anniver- law specifically prohibits the Secretary lieve it is a step in the wrong direction sary of the Armenian Genocide. Be- from directly negotiating with pharma- toward privatizing the program and tween 1915 and 1923, the Ottoman Em- ceutical companies to lower drug could drive up premiums for those in pire conducted the first Genocide of the prices. We know that allowing the gov- fee-for-service. Given this, my bill will 20th Century, killing an estimated 1.5 ernment to negotiate in other pro- repeal this privatization demonstra- million Armenians and displacing grams, like the VA, has significantly tion. thousands more. The campaign was so lowered costs. There’s no reason we Finally, my bill includes additional devastating that at the beginning of shouldn’t also allow it in the new Medi- measures that will help reduce spend- World War I, there were 2.1 million Ar- care drug benefit. ing and protect the financial integrity menians living in the Ottoman Empire. In addition to taking steps to reduce of the Medicare program. Following the Genocide, fewer than drug costs, my legislation also includes In particular, the legislation will in- 100,000 Armenians remained. measures to improve the stability of clude measures to expand the chronic This legislation is important because the Medicare drug benefit. care management demonstration survivors and descendants of the Arme- Under the new Medicare benefit, I am project in the Medicare law. nian Genocide are still trying to recoup concerned that seniors may face dif- Today, roughly 5 percent of seniors the benefits owed to them under the ferent drug costs, different drug account for about 50 percent of the en- tens of thousands of insurance policies formularies, and different approved tire Medicare budget. The Medicare that were issued prior to the Genocide. pharmacies as they switch from plan- law will test providing coordinated According to a news report, one Cali- to-plan every year. If we know any- care to these beneficiaries, which many fornian has been attempting to collect thing, we know that seniors want cer- believe will help improve quality of on an insurance policy for 40 years, but tainty. care and reduce costs. My legislation has been stonewalled by the company One way to fix this is to allow seniors will build on this effort by providing that issued the policy. to stay in the drug plan of their choice additional resources to expand chronic Insurance policy documents were for more than 1 year—even if it is a care management to more areas of the often destroyed during the Genocide, ‘‘government fallback plan.’’ My legis- country. I believe this will save money and death certificates were not issued lation includes this change. for Medicare and improve health out- to those Armenians who lost their Another shortfall of the new Medi- comes for these seniors. care law is that it prohibits seniors Finally, my new legislation will lives. Therefore, survivors and descend- from purchasing supplemental insur- eliminate provisions in the Medicare ants can only rely on the documents ance to assist with costs not covered law that provide unfair, extra pay- held by insurance companies as proof by the new benefit. My legislation ments to private plans. Specifically, it that they are owed benefits. Unfortu- would lift this restriction and give sen- will repeal a new $8.9 billion taxpayer nately, we have seen little cooperation iors another choice for covering their subsidy to bring more private plans from insurance companies on dis- medication costs. into the market. It will also address in- closing these documents and opening Beyond that, my legislation also in- equities that currently allow HMOs to up their records. cludes new measures to ensure seniors receive significantly higher payments This bill closely follows legislation retain access to the local pharmacy of than traditional Medicare—for serving that would help Jewish Holocaust sur- their choice. In many communities, the the exact same patient. These policies vivors. Last year, the Supreme Court local pharmacist is the most accessible are simply a waste of money. ruled that a California state law re- source of health care services. Given According to unofficial estimates by quiring the disclosure of insurance in- this, my bill contains measures to pro- the Congressional Budget Office, elimi- formation related to Holocaust-era tect local pharmacy services. nating these private plan overpay- policies was unconstitutional—in part Specifically, it would require that ments could result in significant cost because of the Federal Government’s the Medicare program allow seniors to savings. Under my plan, these cost sav- responsibility to make foreign policy. I go to their local pharmacy to get their ings would be used to reduce the Fed- support pending legislation to allow prescriptions filled, rather than forcing eral budget deficit, which has reached States to pass laws requiring the dis- them to receive their drugs by mail- record levels this year. closure of Holocaust-era policies. order or forcing them to go to a phar- This is a basic overview of the provi- My bill is designed to ensure that macy in a nursing home or hospital sions that will be included in my new state laws to force insurance compa- that may not be as accessible. My hope legislation—the Medicare Prescription nies to disclose insurance information is that this provision would ensure that Drug Improvement Act (the MEND on policies related to the Armenian seniors can continue to visit their local Act). Genocide do not run into similar legal pharmacist. I believe this legislation will take challenges. My legislation would also authorize significant steps toward improving the It is an injustice to the memories of $500 million that could be used to help new Medicare law. I would like to those slain during the Armenian Geno- pharmacists cover the costs of edu- thank Senator LINCOLN for joining me cide that insurance companies have not cating seniors about the new drug plan in this effort and I look forward to paid the benefits owed to the survivors choices. This funding would provide working with my colleagues on this and victims of this tragic chapter of pharmacists a one-time payment for important legislation. history. This legislation will help sur- providing information to seniors as vivors and their families pursue these they enroll in the new benefit. By Mrs. BOXER: claims.

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.076 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4331 I urge my colleagues to support the false promise—a false promise that has ate a single assessment to cover mul- Armenian Victims Insurance Fairness left students and their teachers grap- tiple subjects for middle grade level Act. pling with new burdens and little help teachers and allow states to issue a to bear them. broad certification for science and so- By Mr. DODD: The legislation I am introducing cial studies. S. 2345. A bill to improve the No today proposed to make three changes In my view, these changes will pro- Child Left Behind Act of 2001, and for to the No Child Left Behind Act. These vide significant assistance to schools in other purposes; to the Committee on changes will ease current burdens on Connecticut and other states currently Health, Education, Labor, and Pen- our students, our teachers and our ad- struggling to comply with the No Child sions. ministrators without dismantling the Left Behind law. I would hope that our Mr. DODD. Mr. President, I come to fundamental underpinnings of the law. colleagues would look with some favor the floor of the Senate today to intro- First, the No Child Left Behind Re- on it. duce legislation, ‘‘The No Child Left form Act will allow schools to be given Of equal if not greater importance is Behind Reform Act.’’ This legislation credit for performing well on measures the urgent need to provide our schools makes three basic changes to the No other than test scores when calculating with the additional resources they need Child Left Behind Act which was student achievement. Test scores are to help our children learn. Obviously, signed into law in January of 2002. an important measure of student funding this law is beyond the scope of The No Child Left Behind Act re- knowledge. However, they are not the this bill. I would note, however, that ceived the support of this Senator and only measure. There are others as well. efforts to increase education funding to 86 of our colleagues. Like most, if not These include dropout rates, the num- authorized levels have thus far been all, of our colleagues who supported ber of students who participate in ad- unsuccessful. Earlier this year, I supported Senator this bill, I supported it because I care vanced placement courses, and meas- MURRAY’s amendment to fully fund No about improving the quality of edu- ures of individual student improvement cation in America for all of our chil- Child Left Behind by increasing the over time. Unfortunately, current law budget allocation by $8.6 billion. Unfor- dren. I believed that this law would does not allow schools to use these ad- tunately, Senator MURRAY’s amend- help to achieve that goal by estab- ditional measures in a constructive ment was defeated purely on party lishing more rigorous standards for manner. Additional measures can only lines. Clearly, funding for No Child measuring student achievement, by be used as a measure of how a school is Left Behind is not at the top of the Ma- helping teachers do a better job of in- failing, not how a school is succeeding. jority’s priority list. I will continue to structing students, and last but not This legislation will allow schools to work to change this outcome. Clearly, least, by providing the resources des- earn credit for succeeding. our children deserve the resources perately needed by our schools for even Second, the No Child Left Behind Re- needed to make their dreams for a bet- the most basic necessities to help put form Act will allow schools to target ter education a reality. the reforms we passed into place. school choice and supplemental serv- I ask unanimous consent that the Regrettably, the high hopes that I ices to the students that actually dem- text of the bill be printed in the and many others had for this law have onstrate a need for them. As the cur- RECORD. not been realized. The law is being im- rent law is being implemented by the There being no objection, the bill was plemented by the Administration in a Administration, if a school is in need of ordered to be printed in the RECORD, as manner that is inflexible, unreasonable improvement it is expected to offer follows: and unhelpful to students. Further- school choice and supplemental serv- S. 2345 more, the law is not only failing to ices to all students—even if not all stu- Be it enacted by the Senate and House of Rep- help teachers do their best in the class- dents have demonstrated a need for resentatives of the United States of America in room, it reflects, along with other Ad- them. That strikes me as a wasteful Congress assembled, ministration policies and pronounce- and imprecise way to help a school im- SECTION 1. SHORT TITLE. ments, a neglect and even hostility to- prove student performance. For that This Act may be cited as the ‘‘No Child wards members of the teaching profes- reason, this legislation will allow Left Behind Reform Act’’. sion. schools to target resources to the stu- SEC. 2. ADEQUATE YEARLY PROGRESS. (a) DEFINITION OF ADEQUATE YEARLY Worse still, the Administration’s dents that actually demonstrate that PROGRESS.—Section 1111(b)(2) of the Elemen- promise of sufficient resources to im- they need them. Clearly, this is the tary and Secondary Education Act of 1965 (20 plement No Child Left Behind’s much most efficient way to maximize their U.S.C. 6311(b)(2)) is amended— needed reforms is a promise that has effect. (1) in subparagraph (C)(vii)— yet to be kept. Indeed, the current Finally, the No Child Left Behind Re- (A) by striking ‘‘such as’’; budget proposed by the Bush Adminis- form Act introduces a greater degree of (B) by inserting ‘‘such as measures of indi- tration underfunds No Child Left Be- reasonableness to the teacher certifi- vidual or cohort growth over time based on the academic assessments implemented in hind by $9.4 billion. Since passage cation process. As it is being imple- accordance with paragraph (3),’’ after ‘‘de- slightly over 2 years ago, the law has mented, the law requires teachers to be scribed in clause (v),’’; and been funded at a level that is more ‘‘highly qualified’’ to teach every sub- (C) by striking ‘‘attendance rates,’’; and than $26 billion below what was prom- ject that they teach. Certainly none of (2) in subparagraph (D)— ised when the President signed the Act us disagree with this policy as a matter (A) by striking clause (ii); into law. of principle. But as a matter of prac- (B) by striking ‘‘the State’’ and all that As a result of the failures of the cur- tice, it is causing confusion and hard- follows through ‘‘ensure’’ and inserting ‘‘the rent Administration to fulfill its com- State shall ensure’’; and ship for teachers, particularly sec- (C) by striking ‘‘; and’’ and inserting a pe- mitment to our nation’s school chil- ondary teachers and teachers in small riod. dren under this law, those children and school districts. For example, as the (b) ACADEMIC ASSESSMENT AND LOCAL EDU- their teachers are today shouldering law is being implemented by the Ad- CATIONAL AGENCY AND SCHOOL IMPROVE- new and noteworthy hardships. ministration, a high school science MENT.—Section 1116(a)(1)(B) of the Elemen- Throughout the State of Connecticut, teacher could be required to hold de- tary and Secondary Education Act of 1965 (20 for example, students, teachers, admin- U.S.C. 6316(a)(1)(B)) is amended by striking grees in biology, physics and chemistry ‘‘, except that’’ and all that follows through istrators and parents are struggling to to be considered highly qualified. In ‘‘action or restructuring’’. implement requirements that are often small schools where there may be only SEC. 3. GRANTS FOR INCREASING DATA CAPAC- confusing, inflexible and unrealistic. one 7th or 8th grade teacher teaching ITY FOR PURPOSES OF AYP. And they are struggling to do so with- all subjects, these teachers could simi- Part A of title I of the Elementary and out the additional resources they were larly be required to hold degrees in Secondary Education Act of 1965 (20 U.S.C. promised to put them into place. every subject area. 6311 et seq.) is amended by adding at the end As I have said on numerous occasions Such requirements are unreasonable the following: ‘‘SEC. 1120C. GRANTS FOR INCREASING DATA CA- in the past, resources without reforms at a time when teachers are increas- PACITY FOR PURPOSES OF AYP. are a waste of money. By the same ingly hard to find. The legislation I in- ‘‘(a) GRANT AUTHORITY.—The Secretary token, reforms without resources are a troduce today will allow States to cre- may award grants, on a competitive basis, to

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.072 S22PT1 S4332 CONGRESSIONAL RECORD — SENATE April 22, 2004 State educational agencies to enable the Disabilities Education Act and who uses the AUTHORITY FOR COMMITTEES TO State educational agencies to develop or in- option to transfer under subparagraph (E), MEET crease the capacity of data systems for ac- paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or sub- countability purposes and award subgrants section (c)(10)(C)(vii), shall be placed and COMMITTEE ON COMMERCE, SCIENCE, AND to increase the capacity of local educational served in the least restrictive environment TRANSPORTATION agencies to upgrade, create, or manage infor- appropriate, in accordance with the Individ- Mr. HATCH. Mr. President, I ask mation databases for the purpose of meas- uals with Disabilities Education Act.’’; unanimous consent that the Com- uring adequate yearly progress. (3) in clause (vii) of subsection (c)(10)(C), mittee on Commerce, Science, and ‘‘(b) PRIORITY.—In awarding grants under by inserting ‘‘, who are members of a group Transportation be authorized to meet this section the Secretary shall give priority described in section 1111(b)(2)(C)(v) that fails on Thursday, April 22, 2004, at 9:30 a.m. to State educational agencies that have cre- to make adequate yearly progress as defined ated, or are in the process of creating, a in the State’s plan under section 1111(b)(2),’’ on the U.S. Commission on Ocean Pol- growth model or proficiency index as part of after ‘‘Authorizing students’’; and icy. their adequate yearly progress determina- (4) in subparagraph (A) of subsection The PRESIDING OFFICER. Without tion. (e)(12), by inserting ‘‘, who is a member of a objection, it is so ordered. ‘‘(c) STATE USE OF FUNDS.—Each State group described in section 1111(b)(2)(C)(v) COMMITTEE ON FOREIGN RELATIONS that receives a grant under this section shall that fails to make adequate yearly progress use— Mr. HATCH. Mr. President, I ask as defined in the State’s plan under section unanimous consent that the Com- ‘‘(1) not more than 20 percent of the grant 1111(b)(2)’’ after ‘‘under section 1113(c)(1)’’. funds for the purpose of increasing the ca- mittee on Foreign Relations be author- (b) STUDENT ALREADY TRANSFERRED.—A pacity of, or creating, State databases to col- student who transfers to another public ized to meet during the session of the lect information related to adequate yearly school pursuant to section 1116(b) of the Ele- Senate on Thursday, April 22, 2004, at progress; and mentary and Secondary Education Act of 9:30 a.m. to hold a hearing on Iraq ‘‘(2) not less than 80 percent of the grant 1965 (20 U.S.C. 6316(b)) before the effective Transition: Obstacles and Opportuni- funds to award subgrants to local edu- date of this section and the amendments ties. cational agencies within the State to enable made by this section, may continue enroll- the local educational agencies to carry out The PRESIDING OFFICER. Without ment in such public school after the effective objection, it is so ordered. the authorized activities described in sub- date of this section and the amendments COMMITTEE ON FOREIGN RELATIONS section (d). made by this section. ‘‘(d) AUTHORIZED ACTIVITIES.—Each local Mr. HATCH. Mr. President, I ask educational agency that receives a subgrant (c) EFFECTIVE DATE.—This section and the amendments made by this section shall be unanimous consent that the Com- under this section shall use the subgrant mittee on Foreign Relations be author- funds to increase the capacity of the local effective for each fiscal year for which the educational agencies to upgrade databases or amount appropriated to carry out title I of ized to meet during the session of the create unique student identifiers for the pur- the Elementary and Secondary Education Senate on Thursday, April 22, 2004, at pose of measuring adequate yearly progress, Act of 1965 for the fiscal year, is less than the 1:30 p.m. to hold a hearing on Nomina- by— amount authorized to be appropriated to tions. ‘‘(1) purchasing database software or hard- carry out such title for the fiscal year. The PRESIDING OFFICER. Without ware; SEC. 5. DEFINITION OF HIGHLY QUALIFIED objection, it is so ordered. ‘‘(2) hiring additional staff for the purpose TEACHERS. COMMITTEE ON FOREIGN RELATIONS of managing such data; Section 9101(23)(B)(ii) of the Elementary ‘‘(3) providing professional development or and Secondary Act of 1965 (20 U.S.C. Mr. HATCH. Mr. President, I ask additional training for such staff; and 7801(23)(B)(ii)) is amended— unanimous consent that the Com- ‘‘(4) providing professional development or (1) in subclause (I), by striking ‘‘or’’ after mittee on Foreign Relations be author- training for principals and teachers on how the semicolon; ized to meet during the session of the to effectively use such data to implement in- (2) in subclause (II), by striking ‘‘and’’ Senate on Thursday, April 22, 2004, at structional strategies to improve student after the semicolon; and 2:30 p.m. to hold a Subcommittee on achievement. (3) by adding at the end the following: East Asian and Pacific Affairs hearing ‘‘(e) STATE APPLICATION.—Each State edu- ‘‘(III) in the case of a middle school teach- cational agency desiring a grant under this er, passing a State approved middle school on U.S.-China Relations: Status of Re- section shall submit an application to the generalist exam when the teacher receives forms in China. Secretary at such time, in such manner, and the teacher’s license to teach middle school The PRESIDING OFFICER. Without containing such information as the Sec- in the State; objection, it is so ordered. retary may require. ‘‘(IV) obtaining a State social studies cer- COMMITTEE ON FOREIGN RELATIONS ‘‘(f) LEA APPLICATION.—Each local edu- tificate that qualifies the teacher to teach Mr. HATCH. Mr. President, I ask cational agency desiring a subgrant under history, geography, economics, and civics in unanimous consent that the Com- this section shall submit an application to middle or secondary schools, respectively, in the State educational agency at such time, the State; or mittee on Foreign Relations be author- in such manner, and containing such infor- ‘‘(V) obtaining a State science certificate ized to meet during the session of the mation as the State educational agency may that qualifies the teacher to teach earth Senate on Thursday, April 22, 2004, at 4 require. Each such application shall include, science, biology, chemistry, and physics in p.m. to hold a hearing on Nominations. at a minimum, a demonstration of the local middle or secondary schools, respectively, in The PRESIDING OFFICER. Without educational agency’s ability to put such a the State; and’’. objection, it is so ordered. database in place. COMMITTEE ON THE JUDICIARY ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— f There are authorized to be appropriated to Mr. HATCH. Mr. President, I ask carry out this part $80,000,000 for each of fis- unanimous consent that the Com- cal years 2005, 2006, and 2007.’’ AMENDMENTS SUBMITTED AND mittee on the Judiciary be authorized SEC. 4. TARGETING TRANSFER OPTIONS AND PROPOSED to meet to conduct a markup on Thurs- SUPPLEMENTAL SERVICES. day, April 22, 2004, at 11 a.m. in Senate SA 3047. Mr. KYL proposed an amendment (a) TARGETING TRANSFER OPTIONS AND SUP- Dirksen Building Room 226. PLEMENTAL SERVICES.—Section 1116 of the to the bill S. 2329, to protect crime victims’ Elementary and Secondary Education Act of rights. Agenda 1965 (20 U.S.C. 6316) is amended— I. Nominations: Henry W. Saad to be (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), f and (8)(A)(i) of subsection (b), by striking the U.S. Circuit Judge for the Sixth Cir- term ‘‘all students enrolled in the school’’ cuit; William Duane Benton to be each place such term appears and inserting TEXT OF AMENDMENTS United States Circuit Judge for the ‘‘all students enrolled in the school, who are SA 3047. Mr. KYL proposed an Eighth Circuit; Robert Bryan Harwell members of a group described in section amendment to the bill S. 2329, to pro- to be United States District of South 1111(b)(2)(C)(v) that fails to make adequate tect crime victims’ rights; as follows: Carolina; George P. Schiavelli to be yearly progress as defined in the State’s plan United States District Judge for the On page 7, line 24, strike the first period under section 1111(b)(2),’’; Central District of California; and Cur- (2) in subsection (b)(1), by adding at the and insert the following: ‘‘, subject to appro- end the following: priation.’’. tis V. Gomez to be Judge for the Dis- ‘‘(G) MAINTENANCE OF LEAST RESTRICTIVE On page 10, line 20, strike the first period trict Court of the Virgin Islands. ENVIRONMENT.—A student who is eligible to and insert the following: ‘‘, subject to appro- II. Legislation: S. 1735. Gang Preven- receive services under the Individuals with priation.’’. tion and Effective Deterrence Act of

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.069 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4333 2003 [Hatch, Chambliss, Cornyn, Fein- Malkin, Journalist and Author of Inva- discriminatory taxes on electronic com- stein, Graham, Grassley, Schumer]; S. sion, Bethesda, MD; and David A. Har- merce imposed by the Internet Tax Freedom Res. 310. A resolution commemorating ris, Balk Professor of Law and Values, Act. Bill Frist, George Allen, Jon Kyl, Orrin and acknowledging the dedication and University of Toledo College of Law, Hatch, James Inhofe, Elizabeth Dole, sacrifice made by the men and women Toledo, OH. , John Ensign, Gordon who have lost their lives while serving The PRESIDING OFFICER. Without Smith, Mitch McConnell, Norm Cole- as law enforcement officers [Campbell, objection, it is so ordered. man, , Trent Lott, Hatch, Leahy]; H. Con. Res. 328. Recog- f , James Talent, John nizing and honoring the United States Sununu, . Armed Forces and supporting the goals PRIVILEGES OF THE FLOOR Mr. FRIST. I now ask consent that and objectives of a National Military Mr. LEAHY. Mr. President, I ask the mandatory quorum under rule XXII Appreciation Month; S. 2270. No Oil unanimous consent for a legislative fel- be waived and the vote occur on the Producing and Exporting Cartels low, Erik Winchester, to be granted the motion to invoke cloture at 5:30 p.m. (NOPEC) Act of 2004 [DeWine, Durbin, privilege of the floor throughout today. on Monday, April 26. Feingold, Grassley, Kohl, Leahy, Schu- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without mer, Specter]; S. 2107. A bill to author- objection, it is so ordered. objection, it is so ordered. ize an annual appropriations of Mr. KYL. Mr. President, I ask unani- f $10,000,000 for mental health courts mous consent that Tom Stack and MEASURE PLACED ON THE through fiscal year 2009 [DeWine, Kevin Patrick Wilson be granted the CALENDAR—H.R. 2844 Leahy]; S. 2192. Cooperative Research privilege of the floor during the course Mr. FRIST. I understand H.R. 2844 is and Technology Enhancement (CRE- of debate on S. 2329. The PRESIDING OFFICER. Without at the desk. I ask for its first reading. ATE) Act of 2004 [Hatch, Feingold, The PRESIDING OFFICER. The objection, it is so ordered. Leahy]; H.R. 1561. United States Patent clerk will read the title of the bill for and Trademark Fee Modernization Act f the first time. of 2004; S. 1933. Enhancing Federal Ob- INTERNET TAX The assistant legislative read as fol- scenity Reporting and Copyright En- NONDISCRIMINATION ACT lows: forcement (ENFORCE) Act of 2003 A bill (H.R. 2844) to require States to hold [Hatch, Cornyn, Feinstein]; S. 2237. Mr. FRIST. Mr. President, as I have special elections to fill vacancies in the Protecting Intellectual Rights Against announced on several occasions, we in- House of Representatives not later than 45 Theft and Expropriation (PIRATE) Act tend to begin consideration of the days after the vacancy is announced by the of 2004 [Leahy, Hatch]; and S. 1932. Art- Internet tax access legislation next Speaker of the House of Representatives in ists’ Rights and Theft Prevention week. To review for a moment, the bill extraordinary circumstances, and for other purposes. (ART) Act of 2003 [Cornyn, Feinstein, was reported by the Commerce Com- Graham, Hatch]. mittee on September 29 of last year Mr. FRIST. I now ask for its second The PRESIDING OFFICER. Without and the Finance Committee on October reading and, in order to place the bill objection, it is so ordered. 29. The Senate began consideration of on the calendar under the provisions of rule XIV, object to further proceeding SELECT COMMITTEE ON INTELLIGENCE the bill on November 6 of last year. Mr. HATCH. Mr. President, I ask Since that time, there have been on this matter. The PRESIDING OFFICER. Objec- unanimous consent that the Select many discussions as to how to best pro- tion is heard. Committee on Intelligence be author- ceed through this issue. I understand ized to meet during the session of the Members have been continuing their f Senate on April 22, 2004, at 2:30 p.m. to efforts to find a solution, but it is time ORDERS FOR MONDAY, APRIL 26, hold a closed business meeting. to come forward and debate the under- 2004 lying issue. It would be my hope to The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent begin consideration of the bill on Mon- objection, it is so ordered. that when the Senate completes its day, and Senators could offer their SUBCOMMITTEE ON CHILDREN AND FAMILIES business today it adjourn until 1 p.m. amendments and the Senate could then Mr. HATCH. Mr. President, I ask on Monday, April 26. I further ask that, unanimous consent that the Com- work its will on the moratorium. following the prayer and pledge, the mittee on Health, Education, Labor, I understand some of my colleagues morning hour be deemed expired, the and Pensions, Subcommittee on Chil- desire to delay this bill, but I would re- Journal of proceedings be approved to dren and Families, be authorized to spectfully say it is now time to start date, and following the time for the meet for a hearing on Parents Raising the process and begin the debate. two leaders the Senate begin a period Children: The Workplace during the Having said that, at this point I of morning business until 2 p.m. with session of the Senate on April 22, 2004, would have asked consent that at 1 Senators permitted to speak for up to at 10 a.m. p.m. on Monday, April 26, the Senate 10 minutes each; provided that at 2 The PRESIDING OFFICER. Without proceed to the consideration of Cal- p.m. the Senate resume consideration objection, it is so ordered. endar No. 353, S. 150, a bill relating to of the motion to proceed to Calendar SUBCOMMITTEE ON IMMIGRATION AND BORDER taxes on Internet access. Given the ob- No. 353, S. 150, the Internet tax bill, SECURITY jections from Members on both sides of and at 5:30 p.m. the Senate proceed to Mr. HATCH. Mr. President, I ask the aisle, I will withhold that request. the cloture vote on the motion to pro- unanimous consent that the Com- CLOTURE MOTION ceed, as provided under the previous mittee on the Judiciary Subcommittee I now move to proceed to the consid- order. on Immigration and Border Security be eration of S. 150. I send a cloture mo- The PRESIDING OFFICER. Without authorized to meet conduct a hearing tion to the desk. objection, it is so ordered. on ‘‘State and Local Authority To En- The PRESIDING OFFICER. The clo- f force Immigration Law: Evaluating a ture motion having been presented PROGRAM unified approach for stopping terror- under rule XXII, the Chair directs the ists’’ on Thursday, April 22, 2004, at 2:30 clerk to read the cloture motion. Mr. FRIST. On Monday at 2 p.m. the p.m. in SD226 The assistant legislative clerk read Senate will resume consideration of as follows: the motion to proceed to the Internet Witness List: tax bill. This is a piece of legislation CLOTURE MOTION Panel I: Professor Kris W. Kobach, that was on the floor for debate only Former Counsel to the Attorney Gen- We the undersigned Senators, in accord- last November. However, minutes ago I eral, Professor of Law, University of ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby was forced to file cloture in order to Missouri-Kansas City School of Law, move to bring to a close debate on the mo- bring the bill back for consideration. Kansas City, MO; E.J. Picolo, Regional tion to proceed to Calendar No. 353, S. 150, a The cloture vote on the motion to Director, Florida Department of Law bill to make permanent a moratorium on proceed will occur at 5:30 p.m. on Mon- Enforcement, Ft. Myers, FL; Michelle taxes on Internet access and multiple and day, and that will be the next rollcall

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A22AP6.083 S22PT1 S4334 CONGRESSIONAL RECORD — SENATE April 22, 2004 vote. It is my hope cloture will be in- Then the President went to the Rose into that war, if they need sufficient voked and we can move forward with Garden and said to the assembled press cause, this book certainly provides it. debate on the bill. corps, and therefore to the Nation and It is clear to me, however—I say this f the world: very reluctantly—that the administra- The Iraqi regime possesses biological and tion won’t provide us with the truth ORDER FOR ADJOURNMENT chemical weapons, and, according to the themselves—perhaps only part of it Mr. FRIST. If there is no further British government, the Iraqi regime could through Mr. Woodward. I regret to say business to come before the Senate, I launch a biological or chemical attack in as I am convinced that my colleagues on ask that the Senate stand in adjourn- little as 45 minutes after the order was given. the other side of the aisle won’t require ment under the previous order, fol- That is an alarming statement, com- the administration to do so. Instead, it lowing the remarks of Senator DAYTON. is hunkered down, admitting no mis- The PRESIDING OFFICER. Without ing from a President of the United objection, it is so ordered. States, a statement likely to frighten a takes, acknowledging no difficulty, The Senator from Minnesota. great many Americans and also pres- keeps spinning the party line about Mr. DAYTON. Mr. President, I ask sure a great many Members of Con- how well everything is going in Iraq, unanimous consent that I be granted gress that Iraq was, right then and how much better and safer the Iraqi the time necessary to make my full re- there, an urgent and immediate threat people are, we are, and the world is as marks. to our national security. a result of this war. Mr. Woodward goes on to say that The PRESIDING OFFICER. Without That is what we have been told re- the CIA Director and others had objection, it is so ordered. peatedly and emphatically in every warned the British not to make that Senate Armed Services Committee f allegation, which was based on a ques- meeting I have attended and in every IRAQ tionable source and almost certainly referred to battlefield weapons, not secret and top secret briefing I re- Mr. DAYTON. Mr. President, thank ones that Iraq could launch even at ceived. And in the now dwindling num- you for your indulgence this evening. I, neighboring countries, let alone Amer- ber of real opportunities to question for the last couple of nights, have been ican cities. He quotes the Director of the administration’s decisions about reading through much of Bob Wood- the CIA as referring privately to this what is going on in Iraq, we get instead ward’s new book, ‘‘Plan Of Attack.’’ It as: the party line about what they want us provides, believe me, quite an excep- . . . they-can-attack-in-45-minutes shit. to know—what they won’t tell us be- tional insight into the timetable and cause they don’t want us to know. I know one of my Senate colleagues the process by which President Bush, What they tell us is usually contra- who has said that he based his vote in Vice President CHENEY, and their top dicted as a result of some good inves- advisers secretly planned and then en- support of the war resolution on that stated threat, and the peril, if true, in tigative journalism. And I thank the gineered our country and the world Lord for a free and vigilant press in into the Iraq war. which it would have placed coastal cit- ies in his State—if true. Of course it this country. It is just an absolute re- It is remarkable that virtually every quirement for successful democracy. top administration official from the was true if the President, the President President on down provided so much of the United States, said so to the Increasingly now what we are finding information to Mr. Woodward, informa- American people from the White out is the hard realities—the ugly tion that they withheld from Congress House, with Members of the House of truths about what really is happening and from the American people. Representatives, Democrats and Re- or not happening in Iraq—grab the For example, in the fall of 2002, I sat publicans, standing right behind him. headlines and seize our attention and through several hours of top secret They presumably also believed in the sear our consciences as more and more briefings with the Director of the Cen- President, that he was speaking the Americans are dying there, as more tral Intelligence Agency and he never truth—a truth that perhaps only he and more are wounded, injured, and told us it was a ‘‘slam-dunk’’ that Sad- could know. And surely, certainly, if he maimed for life. happened to misspeak, someone in the dam Hussein had weapons of mass de- I have been to the hospitals here. I administration who knew otherwise, struction, as he reportedly said to the think most of my colleagues have as especially the person in charge of our President. I guess I am glad he didn’t, well. I have seen lives that have national intelligence agency, would because he was wrong. changed forever. And, of course, I have make sure the necessary correction I voted against the Iraq resolution gone to services for those whose lives that fall because I was not persuaded would be issued quickly so as not to mislead anyone or everyone. But that were ended forever, and those families that Saddam Hussein had or was close have to struggle and go on. to acquiring weapons that threatened wasn’t done. the national security of the United That is just one example of the mis- It is incredible to watch what is States. So I guess I am fortunate that use of prewar intelligence by the Bush going on in Iraq now and see that more I wasn’t slam-dunked. administration. But in that instance and more of our incredibly courageous I wasn’t, either, at the September 26, the President himself and the commis- men and women serving over there are 2002, meeting which President Bush re- sion the President appointed to look being murdered by the people they portedly, according to Mr. Woodward, into the intelligence failures, if there saved—the people that the administra- had with 18 Members of the House of were, or successes leading up to and tion with certainty said would support Representatives. In the book, the through the Iraqi war, that commis- our troops as liberators and not attack President is quoted as saying—Mr. sion will not be looking into that use them as enemies. or misuse of intelligence information Woodward says initially: What do our incredibly brave Amer- by the administration officials because Putting the most dire spin on the intel- ican troops over in Iraq need to be able the President’s directive does not per- ligence he, the President, said ‘‘It is clear he, to do the enormous task that was as- mit them to do so. Saddam Hussein, has weapons of mass de- signed to them? We keep asking that struction, anthrax, VX. He still needs pluto- If anybody in this body needs suffi- cient cause to insist upon, as members question in Congress. We certainly nium. The timeframe would be 6 months for asked it in the Armed Services Com- Iraq having a nuclear weapon if they could of my caucus have for many months obtain sufficient plutonium or enriched ura- now, a truly independent commission, mittee. We wanted to provide it. nium. one with full authority to investigate This Congress and the Congress pre- That was a significantly shorter whatever its members determine war- vious to this one—in which I also timetable than anything that was rep- rants their investigation so that we all served—provided the administration resented to me in any of the briefings can know the truth and the full truth with every single dollar it requested that I attended, even under those cir- about who had what information and for the operation in Iraq, whether it cumstances of procuring from the out- who used what information truthfully was a regular appropriation, a supple- side, weapons materials. or untruthfully and, therefore, led us mental appropriation, or emergency

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.138 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — SENATE S4335 supplemental appropriation. I person- this week are told by the Deputy Sec- fer of political responsibilities and gov- ally voted for every dollar the Presi- retary of Defense that ‘‘the increase in ernment authority. It is quite detailed. dent said is needed for military sup- violence was not entirely unexpected;’’ It went through 2004, 2005, and into plies and equipment for the Iraqi secu- it is hard to reconcile what has oc- 2006. What, then, I asked, is the time- rity force training, for economic devel- curred. table for the transition of military re- opment in that country, and for social Just 3 weeks earlier—just hours, in sponsibility to the Iraqis? No answer, rehabilitation. fact, before the four American contrac- not even in the closed session fol- My colleague, Senator COLEMAN, and tors were ambushed and massacred and lowing. What is the United States force I added funding that had been over- then part of hell broke loose over level now projected in 6 months, in 12 looked to help pay for those American there—those expectations were not months in Iraq? No answer. heroes who are serving over there to mentioned in a briefing we attended. Surely these projections are being travel home to see their families dur- They weren’t even suggested. When I made. Nobody likes to predict in public ing their 2-week leave in the middle of made that point—I didn’t ask in that what the uncertain future might hold, what has become a 12-month or 18- briefing about Fallujah—well, what but we have a right to know. More im- month or indefinitely extended tours of about it now? ‘‘Unsettled,’’ I was told portantly, the American people have a duty. this week but U.S. forces will soon se- right to know. These are their sons and Senator BOB GRAHAM saw to it that cure the city. daughters over there on the orders of the wounded soldiers wouldn’t have to The next morning they published a their Commander in Chief and they de- pay for their own hospital meals during report that a: serve to be told the truth. We are not their recuperations. Senator LINDSEY Senior American officer in Fallujah was even being told how much money the GRAHAM and Senator TOM DASCHLE quoted as saying ‘‘We have the potential to war in Iraq and the war in Afghanistan tried to extend the health care cov- turn it into the Alamo, if we get it wrong.’’ is expected to cost in the next fiscal erage that is provided to reservists and The Alamo? That was pretty unset- year, which starts in 5 months. National Guard men and women and tling, as I recall from my history We cannot even find out when the $87 their families to make it year round, books, and it kept getting worse there- billion we appropriated last October since their service in certainly incred- after. will run out. That is ridiculous. After ibly increasing numbers of cases have Again at a hearing, I queried that all, whose money is it? Whose Govern- become year round, and subject to that there have been reports that Iraqi ment is it? It is our Government, all of at a moment’s notice. I was a proud co- us here and all of the American people, sponsor of that legislation. It was op- forces which we have been paying $1 we are all in this together for better or posed by the administration. Despite billion through supplemental appro- for worse. We will pay for it or avoid that opposition, last year we were par- priations to supposedly train and equip paying for it together. We will benefit tially successful, and we are going to so they can fight and protect their own from an improved world or suffer from be trying to accomplish the rest this country and our men and women can year. come home, there were reports some of the reported unprecedented Arab ha- Most of my caucus and quite a num- them in the last couple of weeks— tred toward America. We will do that ber of my Republican colleagues have many of them—would not fight, that together. Our lives and our children’s also voted several times to restore the they ran away and even left our guns lives, our beloved Nation’s future, will funding cuts that the administration and equipment to be used by the insur- all be affected for many years pro- proposed for the VA health system gents to try to kill our own forces. How foundly by what is being done in our which is even now seriously over- many did so? In other words, how effec- names and by the results and con- loaded. tive has our training been? Didn’t sequences that have occurred. When with no forewarning and appar- know. Estimated maybe 5 to 10 per- Please, tell the truth, Mr. President, ently with very little foreknowledge, cent. the real truth, the whole truth, and we heavy fighting escalated from where it That very night I read in an article I will face it together. was before in Iraq and erupted where it overlooked in a morning paper, that I yield the floor. was not before; when American forces same day an American general who was are suffering their highest casualties in in Iraq put the percentage of Iraqi f the years since President Bush flew forces who failed to fight at 40 percent; onto the aircraft carrier Abraham Lin- 40 percent of our supposed allies were ADJOURNMENT UNTIL MONDAY, coln and proclaimed ‘‘mission accom- not allies when needed and 40 percent APRIL 26, 2004, AT 1 P.M. plished;’’ when 20,000 of our troops, our of our equipment is being used against The PRESIDING OFFICER. Under constituents, the families in our States our own troops. the previous order, the Senate stands were told they were literally packing The question I most want to be an- in adjournment until Monday, April 26, up and heading for home, and then told swered is, What is your current time- 2004, at 1 p.m. they must stay for an indefinitely ex- table for bringing our troops home? Thereupon, the Senate, at 7:04 p.m., tended period; then we in the Senate They are showing a big chart at the adjourned until Monday, April 26, 2004, Armed Services Committee meeting hearing for the timetable of the trans- at 1 p.m.

VerDate mar 24 2004 02:57 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\G22AP6.141 S22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E599 EXTENSIONS OF REMARKS

TESTIMONY OF JOHN KERRY think you deserve much of the credit because They told the stories at times they had FROM 1971 I understand you are one of the leaders of personally raped, cut off ears, cut off heads, this group. taped wires from portable telephones to I have joined with some of my colleagues, human genitals and turned up the power, cut HON. SAM JOHNSON specifically Senator Hart, in an effort to try off limbs, blown up bodies, randomly shot at OF TEXAS to change the attitude of our Government civilians, razed villages in fashion reminis- IN THE HOUSE OF REPRESENTATIVES toward your efforts in bringing to this com- cent of Genghis Khan, shot cattle and dogs mittee and to the country your views about for fun, poisoned food stocks, and generally Thursday, April 22, 2004 the war. ravaged the countryside of South Vietnam in Mr. SAM JOHNSON of Texas. Mr. Speaker, I personally don’t know of any group which addition to the normal ravage of war, and I would like to insert the following testimony would have both a greater justification for the normal and very particular ravaging doing it and also a more accurate view of the which is done by the applied bombing power into the RECORD. effect of the war. As you know, there has of this country. On this date in 1971, JOHN KERRY stated grown up in this town a feeling that it is ex- We call this investigation the ‘‘Winter Sol- that America violated the Geneva Conventions tremely difficult to get accurate information dier Investigation.’’ The term ‘‘Winter Sol- in Vietnam. Mr. Speaker, when Mr. KERRY about the war and I don’t know a better dier’’ is a play on words of Thomas Paine in made these remarks, I just emerged from source than you and your associates. So we 1776 when he spoke of the Sunshine Patriot nearly four years of solitary confinement in are very pleased to have you and your associ- and summertime soldiers who deserted at Vietnam. Trust me when I say the Vietnamese ates, Mr. Kerry. Valley Forge because the going was rough. We who have come here to Washington regularly violated the Geneva Conventions, At the beginning if you would give to the reporter your full name and a brief biog- have come here because we feel we have to be not the other way around. raphy so that the record will show who you winter soldiers now. We could come back to JOHN KERRY also alleges American soldiers are. this country; we could be quiet; we could tortured innocent Vietnamese. These state- Senator JAVITS. Mr. Chairman, I was down hold our silence; we could not tell what went ments were later proved incorrect (during the there to the veterans’ camp yesterday and on in Vietnam, but we feel because of what question and answer session). saw the New York group and I would like to threatens this country, the fact that the Last, JOHN KERRY said communism was not say I am very proud of the deportment and crimes threaten it, not reds, and not red- a threat in 1971. This could not have been fur- general attitude of the group. coats but the crimes which we are commit- ting that threaten it, that we have to speak ther from the truth. I hope it continues. I have joined in the Hart resolution, too. As a lawyer I hope you out. These are just a few reasons I believe will find it possible to comply with the order FEELINGS OF MEN COMING BACK FROM VIETNAM America needs to see this testimony. It says even though, like the chairman, I am un- I would like to talk to you a little bit a lot about JOHN KERRY. happy about it. I think it is our job to see about what the result is of the feelings these LEGISLATIVE PROPOSALS RELATING TO that you are suitably set up as an alter- men carry with them after coming back from THE WAR IN SOUTHEAST ASIA native so that you can do what you came Vietnam. The country doesn’t know it yet, The committee met, pursuant to notice, at here to do. I welcome the fact that you came but it has created a monster, a monster in 11:05 a.m., in Room 4221, New Senate Office and what you are doing. the form of millions of men who have been Building, Senator J. W. Fulbright (Chair- [Applause.] taught to deal and to trade in violence, and man) presiding. The CHAIRMAN. You may proceed, Mr. who are given the chance to die for the big- Present: Senators Fulbright, Symington, Kerry. gest nothing in history; men who have re- Pell, Aiken, Case, and Javits. STATEMENT OF JOHN KERRY, VIETNAM turned with a sense of anger and a sense of The CHAIRMAN. The committee will come VETERANS AGAINST THE WAR betrayal which no one has yet grasped. to order. Mr. KERRY. Thank you very much, Senator As a veteran and one who feels this anger, I would like to talk about it. We are angry OPENING STATEMENT Fulbright, Senator Javits, Senator Syming- because we feel we have been used in the The committee is continuing this morning ton, Senator Pell. I would like to say for the record, and also for the men behind me who worst fashion by the administration of this its hearings on proposals relating to the end- country. ing of the war in Southeast Asia. This morn- are also wearing the uniforms and their med- als, that my sitting here is really symbolic. In 1970 at West Point, Vice President ing the committee will hear testimony from Agnew said ‘‘some glamorize the criminal Mr. John Kerry, and, if he has any associ- I am not here as John Kerry. I am here as one member of the group of 1,000, which is a misfits of society while our best men die in ates, we will be glad to hear from them. Asian rice paddies to preserve the freedom These are men who have fought in this un- small representation of a very much larger group of veterans in this country, and were which most of those misfits abuse,’’ and this fortunate war in Vietnam. I believe they de- was used as a rallying point for our effort in serve to be heard and listened to by the Con- it possible for all of them to sit at this table they would be here and have the same kind Vietnam. gress and by the officials in the executive But for us, as boys in Asia whom the coun- of testimony. branch and by the public generally. You have try was supposed to support, his statement is I would simply like to speak in very gen- a perspective that those in the Government a terrible distortion from which we can only eral terms. I apologize if my statement is who make our Nation’s policy do not always draw a very deep sense of revulsion. Hence general because I received notification yes- have and I am sure that your testimony the anger of some of the men who are here in terday you would hear me and I am afraid today will be helpful to the committee in its Washington today. It is a distortion because because of the injunction I was up most of consideration of the proposals before us. we in no way consider ourselves the best men the night and haven’t had a great deal of I would like to add simply on my own ac- of this country; because those he calls mis- chance to prepare. count that I regret very much the action of fits were standing up for us in a way that no- the Supreme Court in denying the veterans WINTER SOLDIER INVESTIGATION body else in this country dared to, because the right to use the Mall. [Applause.] I would like to talk, representing all those so many who have died would have returned I regret that. It seems to me to be but an- veterans, and say that several months ago in to this country to join the misfits in their ef- other instance of an insensitivity of our Gov- Detroit, we had an investigation at which forts to ask for an immediate withdrawal ernment to the tragic effects of this war over 150 honorably discharged and many very from South Vietnam, because so many of upon our people. highly decorated veterans testified to war those best men have returned as I want also to congratulate Mr. Kerry, you, crimes committed in Southeast Asia, not quadriplegics and amputees, and they lie for- and your associates upon the restraint that isolated incidents but crimes committed on gotten in Veterans’ Administration hospitals you have shown, certainly in the hearing the a day-to-day basis with the full awareness of in this country which fly the flag which so other day when there were a great many of officers at all levels of command. many have chosen as their own personal your people here. I think you conducted It is impossible to describe to you exactly symbol. And we cannot consider ourselves yourselves in a most commendable manner what did happen in Detroit, the emotions in America’s best men when we are ashamed of throughout this week. Whenever people the room, the feelings of the men who were and hated what we were called on to do in gather there is always a tendency for some reliving their experiences in Vietnam, but Southeast Asia. of the more emotional ones to do things they did. They relived the absolute horror of In our opinion, and from our experience, which are even against their own interests. I what this country, in a sense, made them do. there is nothing in South Vietnam, nothing

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

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.001 E22PT1 E600 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 which could happen that realistically threat- blown into extravaganzas, because we Some 27 percent have tried, and they try be- ens the United States of America. And to at- couldn’t lose and we couldn’t retreat, and be- cause they come back to this country and tempt to justify the loss of one American life cause it didn’t matter how many American they have to face what they did in Vietnam, in Vietnam, Cambodia, or Laos by linking bodies were lost to prove that point. And so and then they come back and find the indif- such loss to the preservation of freedom, there were Hamburger Hills and Khe Sanhs ference of a country that doesn’t really care, which those misfits supposedly abuse, is to and Hill 881’s and Fire Base 6’s and so, many that doesn’t really care. us the height of criminal hypocrisy, and it is others. LACK OF MORAL INDIGNATION IN UNITED STATES that kind of hypocrisy which we feel has VIETNAMIZATION Suddenly we are faced with a very sick- torn this country apart. Now we are told that the men who fought ening situation in this country, because We are probably much more angry than there must watch quietly while American there is no moral indignation and, if there is, that and I don’t want to go into the foreign lives are lost so that we can exercise the in- it comes from people who are almost ex- policy aspects because I am outclassed here. credible arrogance of Vietnamizing the Viet- hausted by their past indignations, and I I know that all of you talk about every pos- namese. know that many of them are sitting in front sible alternative of getting out of Vietnam. Each day—— of me. The country seems to have lain down We understand that. We know you have con- [Applause.] and shrugged off something as serious as sidered the seriousness of the aspects to the The CHAIRMAN. I hope you won’t interrupt. Laos, just as we calmly shrugged off the loss utmost level and I am not going to try to He is making a very significant statement. of 700,000 lives in Pakistan, the so-called dwell on that, but I want to relate to you the Let him proceed. greatest disaster of all times. feeling that many of the men who have re- Mr. KERRY. Each day to facilitate the proc- But we are here as veterans to say we turned to this country express because we ess by which the United States washes her think we are in the midst of the greatest dis- are probably angriest about all that we were hands of Vietnam someone has to give up his aster of all times now because they are still told about Vietnam and about the mystical life so that the United States doesn’t have to dying over there, and not just Americans, war against communism. admit something that the entire world al- Vietnamese, and we are rationalizing leaving WHAT WAS FOUND AND LEARNED IN VIETNAM ready knows, so that we can’t say that we that country so that those people can go on We found that not only was it a civil war, have made a mistake. Someone has to die so killing each other for years to come. an effort by a people who had for years been that President Nixon won’t be, and these are Americans seem to have accepted the idea seeking their liberation from any colonial his words, ‘‘the first President to lose a that the war is winding down, at least for influence whatsoever, but also five found war.’’ Americans, and they have also allowed the that the Vietnamese whom we had enthu- We are asking Americans to think about bodies which were once used by a President siastically molded after our own image were that because how do you ask a man to be the for statistics to prove that we were winning hard put to take up the fight against the last man to die in Vietnam? How do you ask that war, to be used as evidence against a threat we were supposedly saving them from. a man to be the last man to die for a mis- man who followed orders and who inter- We found most people didn’t even know the take? But we are trying to do that, and we preted those orders no differently than hun- difference between communism and democ- are doing it with thousands of rationaliza- dreds of other men in Vietnam. racy. They only wanted to work in rice tions, and if you read carefully the Presi- We veterans can only look with amaze- paddies without helicopters strafing them dent’s last speech to the people of this coun- ment on the fact that this country has been and bombs with napalm burning their vil- try, you can see that he says, and says clear- unable to see there is absolutely no dif- lages and tearing their country apart. They ly: ference between ground troops and a heli- wanted everything to do with the war, par- But the issue, gentlemen, the issue is com- copter crew, and yet people have accepted a ticularly with this foreign presence of the munism, and the question is whether or not differentiation fed them by the administra- United States of America, to leave them we will leave that country to the Com- tion. alone in peace, and they practiced the art of munists or whether or not we will try to give No ground troops are in Laos, so it is all survival by siding with whichever military it hope to be a free people. right to kill Laotians by remote control. But force was present at a particular time, be it But the point is they are not a free people believe me the helicopter crews fill the same Vietcong, North Vietnamese, or American. now under us. They are not a free people, and body bags and they wreak the same kind of We found also that all too often American we cannot fight communism all over the damage on the Vietnamese and Laotian men were dying in those rice paddies for world, and I think we should have learned countryside as anybody else and the Presi- want of support from their allies. We saw that lesson by now. dent is talking about allowing that to go on first hand how money from American taxes RETURNING VETERANS ARE NOT REALLY for many years to come. One can only ask if was used for a corrupt dictatorial regime. We WANTED we will really be satisfied only when the saw that many people in this country had a But the problem of veterans goes beyond troops march into Hanoi. one-sided idea of who was kept free by our this personal problem, because you think REQUEST FOR ACTION BY CONGRESS flag, as blacks provided the highest percent- about a poster in this country with a picture We are asking here in Washington for some age of casualties. We saw Vietnam ravaged of Uncle Sam and the picture says ‘‘I want action, action from the Congress of the equally by American bombs as well as by you.’’ And a young man comes out of high United States of America which has the search and destroy missions, as well as by school and says, ‘‘That is fine: I am going to power to raise and maintain armies, and Vietcong terrorism, and yet we listened serve my country.’’ And he goes to Vietnam which by the Constitution also has the power while this country tried to blame all of the and he shoots and he kills and he does his job to declare war. havoc on the Vietcong. or maybe he doesn’t kill, maybe he just goes We have come here, not to the President, We rationalized destroying villages in and he comes back, and when he gets back to because we believe that this body can be re- order to save them. We saw America lose her this country he finds that he isn’t really sponsive to the will of the people, and we be- sense of morality as she accepted very coolly wanted, because the largest unemployment lieve that the will of the people says that we a My Lai and refused to give up the image of figure in the country—it varies depending on should be out of Vietnam now. American soldiers who hand out chocolate who you get it from, the VA Administration bars and chewing gum. 15 percent, various other sources 22 percent. EXTENT OF PROBLEM OF VIETNAM WAR We learned the meaning of free fire zones, But the largest corps of unemployed in this We are here in Washington also to say that shooting anything that moves, and we country are veterans of this war, and of the problem of this war is not just a question watched while America placed a cheapness those veterans 33 percent of the unemployed of war and diplomacy. It is part and parcel of on the lives of orientals. are black. That means 1 out of every 10 of everything that we are trying as human We watched the U.S. falsification of body the Nation’s unemployed is a veteran of beings to communicate to people in this counts, in fact the glorification of body Vietnam. country, the question of , which is counts. We listened while month after month The hospitals across the country won’t, or rampant in the military, and so many other we were told the back of the enemy was can’t meet their demands. It is not a ques- questions also, the use of weapons, the hy- about to break. We fought using weapons tion of not trying. They don’t have the ap- pocrisy in our taking umbrage in the Geneva against ‘‘oriental human beings,’’ with propriations. A man recently died after he Conventions and using that as justification quotation marks around that. We fought had a tracheotomy in California, not because for a continuation of this war, when we are using weapons against those people which I of the operation but because there weren’t more guilty than any other body of viola- do not believe this country would dream of enough personnel to clean the mucous out of tions of those Geneva Conventions, in the using were we fighting in the European the- his tube and he suffocated to death. use of free fire zones, harassment interdic- ater or let us say a non-third-world people Another young man just died in a New tion fire, search and destroy missions, the theater, and so we watched while men York VA hospital the other day. A friend of bombings, the torture of prisoners, the kill- charged up hills because a general said that mine was lying in a bed two beds away and ing of prisoners, accepted policy by many hill has to be taken, and after losing one pla- tried to help him, but he couldn’t. He rang a units in South Vietnam. That is what we are toon or two platoons they marched away to bell and there was nobody there to service trying to say. It is part and parcel of every- leave the high for the reoccupation by the that man and so he died of convulsions. thing. North Vietnamese because we watched pride I understand 57 percent of all those enter- An American Indian friend of mine who allow the most unimportant of battles to be ing the VA hospitals talk about suicide. lives in the Indian Nation of Alcatraz put it

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.004 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E601 to me very succinctly. He told me how as a hearings and that is why you were brought the capacity to end by military victory, and boy on an Indian reservation he had watched here. which apparently is going to go on for a long television and he used to cheer the cowboys You have been very eloquent about the time. Speaking only for myself, this seems when they came in and shot the Indians, and reasons why we should proceed as quickly as the more reasonable procedure. then suddenly one day he stopped in Viet- possible. Are you familiar with some of the I realize you want it immediately, but I nam and he said ‘‘My God, I am doing to proposals before this committee? think that procedure was about as imme- these people the very same thing that was Mr. KERRY. Yes, I am, Senator. diate as any by which a country has ever done to my people.’’ And he stopped. And The CHAIRMAN. Do you support or do you succeeded in ending such a conflict or a simi- that is what we are trying to say, that we have any particular views about any one of lar conflict. Would that not appeal to you? think this thing has to end. them you wish to give the committee? Mr. KERRY. Well, Senator, frankly it does Mr. KERRY. My feeling, Senator, is un- not appeal to me if American men have to WHERE IS THE LEADERSHIP? doubtedly this Congress, and I don’t mean to continue to die when they don’t have to, par- We are also here to ask, and we are here to sound pessimistic, but I do not believe that ticularly when it seems the Government of ask vehemently, where are the leaders of our this Congress will, in fact, end the war as we this country is more concerned with the le- country? Where is the leadership? We are would like to, which is immediately and uni- gality of where men sleep than it is with the here to ask where are McNamara, Rostow, laterally and, therefore, if I were to speak I legality of where they drop bombs. [Ap- Bundy, Gilpatric and so many others. Where would say we would set a date and the date plause.] are they now that we, the men whom they obviously would be the earliest possible date. The CHAIRMAN. In the case of the French sent off to war, have returned? These are But I would like to say, in answering that, when they made up their mind to take the commanders who have deserted their troops, that I do not believe it is necessary to stall matter up at the conference in Geneva, they and there is no more serious crime in the law any longer. I have been to Paris. I have did. The first thing they did was to arrange of war. The Army says they never leave their talked with both delegations at the peace a ceasefire and the killing did cease. Then it wounded. talks, that is to say the Democratic Republic took only, I think, two or three weeks to The Marines say they never leave even of Vietnam and the Provisional Revolu- tidy up all the details regarding the with- their dead. These men have left all the cas- tionary Government and of all eight of drawal. Actually when they made up their ualties and retreated behind a pious shield of Madam Binh’s points it has been stated time mind to stop the war, they did have a public rectitude. They have left the real stuff and time again, and was stated by Senator ceasefire which is what you are recom- of their reputations bleaching behind them Vance Hartke when he returned from Paris, mending as the first step. in the sun in this country. and it has been stated by many other offi- Mr. KERRY. Yes, sir; that is correct. ADMINISTRATION’S ATTEMPT TO DISOWN cials of this Government, if the United The CHAIRMAN. It did not drag on. They VETERANS States were to set a date for withdrawal the didn’t continue to fight. They stopped the Finally, this administration has done us prisoners of war would be returned. fighting by agreement when they went to the ultimate dishonor. They have attempted I think this negates very clearly the argu- Geneva and all the countries then directly to disown us and the sacrifice we made for ment of the President that we have to main- involved participated in that agreement. I don’t wish to press you on the details. It this country. In their blindness and fear they tain a presence in Vietnam, to use as a nego- is for the committee to determine the best have tried to deny that we are veterans or tiating block for the return of those pris- means, but you have given most eloquently that we served in Nam. We do not need their oners. The setting of a date will accomplish the reasons why we should proceed as early testimony. Our own scars and stumps of that. as we can. That is, of course, the purpose of limbs are witnesses enough for others and for As to the argument concerning the danger the hearing. ourselves. to our troops were we to withdraw or state Mr. KERRY. Senator, if I may interject. I We wish that a merciful God could wipe that we would, they have also said many think that what we are trying to say is we do away our own memories of that service as times in conjunction with that statement have a method. We believe we do have a plan, easily as this administration has wiped their that all of our troops, the moment we set a and that plan is that if this body were by memories of us. But all that they have done date, will be given safe conduct out of Viet- some means either to permit a special ref- and all that they can do by this denial is to nam. The only other important point is that erendum in this country so that the country make more clear than ever our own deter- we allow the South Vietnamese people to de- itself might decide and therefore avoid this mination to undertake one last mission, to termine their own future and that ostensibly recrimination which people constantly refer search out and destroy the last vestige of is what we have been fighting for anyway. to or if they couldn’t do that, at least do it this barbaric war, to pacify our own hearts, I would, therefore, submit that the most through immediate legislation which would to conquer the hate and the fear that have expedient means of getting out of South state there would be an immediate ceasefire driven this country these last 10 years and Vietnam would be for the President of the and we would be willing to undertake nego- more, and so when, in 30 years from now, our United States to declare a cease-fire, to stop tiations for a coalition government. But at brothers go down the street without a leg, this blind commitment to a dictatorial re- the present moment that is not going to hap- without an arm, or a face, and small boys gime, the Thieu-Ky-Khiem regime, accept a pen, so we are talking about men continuing ask why, we will be able to say ‘‘Vietnam’’ coalition regime which would represent all to die for nothing and I think there is a tre- and not mean a desert, not a filthy obscene the political forces of the country which is in mendous moral question here which the Con- memory but mean instead the place where fact what a representative government is gress of the United States is ignoring. America finally turned and where soldiers supposed to do and which is in fact what this The CHAIRMAN. The Congress cannot di- Government here in this country purports to like us helped it in the turning. rectly under our system negotiate a cease- Thank you. [Applause.] do, and pull the troops out without losing fire or anything of this kind. Under our con- The CHAIRMAN. Mr. Kerry, it is quite evi- one more American, and still further with- stitutional system we can advise the Presi- dent from that demonstration that you are out losing the South Vietnamese. dent. We have to persuade the President of speaking not only for yourself but for all DESIRE TO DISENGAGE FROM VIETNAM the urgency of taking this action. Now we your associates, as you properly said in the The CHAIRMAN. You seem to feel that there have certain ways in which to proceed. We beginning. is still some doubt about the desire to dis- can, of course, express ourselves in a resolu- COMMENDATION OF WITNESS engage. I don’t believe that is true. I believe tion or we can pass an act which directly af- You said you wished to communicate. I there has been a tremendous change in the fects appropriations which is the most con- can’t imagine anyone communicating more attitude of the people. As reflected in the crete positive way the Congress can express eloquently than you did. I think it is ex- Congress, they do wish to disengage and to itself. tremely helpful and beneficial to the com- bring the war to an end as soon as we can. But Congress has no capacity under our mittee and the country to have you make QUESTION IS HOW TO DISENGAGE system to go out and negotiate a cease-fire. such a statement. The question before us is how to do it. We have to persuade the Executive to do this You said you had been awake all night. I What is the best means that is most effec- for the country. can see that you spent that time very well tive, taking into consideration the cir- EXTRAORDINARY RESPONSE DEMANDED BY indeed. [Laughter.] cumstances with which all governments are EXTRAORDINARY QUESTION Perhaps that was the better part, better burdened? We have a precedent in this same Mr. KERRY. Mr. Chairman, I realize that that you should be awake than otherwise. country. The French had an experience, per- full well as a study of political science. I re- PROPOSALS BEFORE COMMITTEE haps not traumatic as ours has been, but alize that we cannot negotiate treaties and I You have said that the question before this nevertheless they did make up their minds in realize that even my visits in Paris, prece- committee and the Congress is really how to the spring of 1954 and within a few weeks did dents had been set by Senator McCarthy and end the war. The resolutions about which we bring it to a close. Some of us have thought others, in a sense are on the borderline of have been hearing testimony during the past that this is a precedent, from which we could private individuals negotiating, et cetera. I several days, the sponsors of which are some learn, for ending such a war. I have person- understand these things. But what I am say- members of this committee, are seeking the ally advocated that this is the best proce- ing is that I believe that there is a mood in most practical way that we can find and, I dure. It is a traditional rather classic proce- this country which I know you are aware of believe, to do it at the earliest opportunity dure of how to end a war that could be called and you have been one of the strongest crit- that we can. That is the purpose of these a stalemate, that neither side apparently has ics of this war for the longest time. But I

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think if we can talk in this legislative body Senator AIKEN. I think your answer is tively. But what I would like to know now is about filibustering for porkbarrel programs, ahead of my question. [Laughter.] if we, as we complete our withdrawal and, then we should start now to talk about fili- SAIGON GOVERNMENT’S ATTITUDE TOWARD say, get down to 10,000, 20,000, 30,000 or even bustering for the saving of lives and of our COMPLETE WITHDRAWAL DATE 50,000 troops there, would there be any effort country. [Applause.] I was going to ask you next what the atti- on the part of the South Vietnamese govern- And this, Mr. Chairman, is what we are tude of the Saigon government would be if ment or the South Vietnamese army, in your trying to convey. we announced that we were going to with- opinion, to impede their withdrawal? I understand. I really am aware that there draw our troops, say, by October 1st, and be Mr. KERRY. No. I don’t think so, Senator. are a tremendous number of difficulties in completely out of there—air, sea, land—leav- Senator AIKEN. I don’t see why North Viet- trying to persuade the Executive to move at ing them on their own. What do you think nam should object. this time. I believe they are committed. I would be the attitude of the Saigon govern- Mr. KERRY. I don’t for the simple reason, I don’t believe we can. But I hope that we are ment under those circumstances? used to talk with officers about their—we not going to have to wait until 1972 to have Mr. KERRY. Well, I think if we were to re- asked them, and one officer took great pleas- this decision made. And what I am sug- place the Thieu-Ky-Khiem regime and offer ure in playing with me in the sense that he gesting is that I think this is an extraor- these men sanctuary somewhere, which I would say, ‘‘Well, you know you Americans, dinary enough question so that it demands think this Government has an obligation to you come over here for 1 year and you can an extraordinary response, and if we can’t do since we created that government and afford, you know, you go to Hong Kong for R. respond extraordinarily to this problem then supported it all along. I think there would & R. and if you are a good boy you get an- I doubt very seriously as men on each that not be any problems. The number two man other R. & R. or something you know. You we will be able to respond to the other seri- at the Saigon talks to Ambassador Lam was can afford to charge bunkers, but I have to ous questions which face us. I think we have asked by the Concerned Laymen, who visited try and be here for 30 years and stay alive.’’ to start to consider that. This is what I am with them in Paris last month, how long And I think that that really is the governing trying to say. they felt they could survive if the United principle by which those people are now liv- If this body could perhaps call for a ref- States— would pull out and his answer was 1 ing and have been allowed to live because of erendum in the country or if we could per- week. So I think clearly we do have to face our mistake. So that when we in fact state, haps move now for a vote in 3 weeks, I think this question. But I think, having done what let us say, that we will have a ceasefire or the people of this country would rise up and we have done to that country, we have an ob- have a coalition government, most of the 2 back that. I am not saying a vote nation- ligation to offer sanctuary to the perhaps million men you often hear quoted under wide. I am talking about a vote here in Con- 2,000, 3,000 people who might face, and obvi- arms, most of whom are regional popular re- gress to cut off the funds, and a vote to per- ously they would, we understand that, might connaissance forces, which is to say militia, haps pass a resolution calling on the Su- face political assassination something, else. and a very poor militia at that, will simply preme Court to rule on the constitutionality But my feeling is that those 3,000 who may lay down their arms, if they haven’t done so of the war, and to do the things that uphold have to leave that country already, and not fight. And I think you will those things which we pretend to be. That is ATTITUDE OF SOUTH VIETNAMESE ARMY AND find they will respond to whatever govern- what we are asking. I don’t think we can PEOPLE TOWARD WITHDRAWAL ment evolves which answers their needs, and turn our backs on that any longer, Senator. Senator AIKEN. I think your 3,000 estimate those needs quite simply are to be fed, to HAIRMAN. Senator Symington? The C might be a little low because we had to help bury their dead in plots where their ances- WITNESS’ SERVICE DECORATIONS 800,000 find sanctuary from North Vietnam tors lived, to be allowed to extend their cul- Senator SYMINGTON. Thank you, Mr. Chair- after the French lost at Dienbienphu. But as- ture, to try and exist as human beings. And man. suming that we resettle the members of the I think that is what will happen. Mr. Kerry, please move your microphone. Saigon government, who would undoubtedly I can cite many, many instances, sir, as in You have a Silver Star; have you not? be in danger, in some other area, what do combat when these men refused to fight with Mr. KERRY. Yes, I do. you think would be the attitude of the large, us, when they shot with their guns over in Senator SYMINGTON. And a Purple Heart? well-armed South Vietnamese army and the this area like this and their heads turned Mr. KERRY. Yes, I do. South Vietnamese people? Would they be facing the other way. When we were taken Senator SYMINGTON. How many clusters? happy to have us withdraw or what? under fire we Americans, supposedly fighting Mr. KERRY. Two clusters. Mr. KERRY. Well, Senator, this obviously is with them, and pinned down in a ditch, and Senator SYMINGTON. So you have been the most difficult question of all, but I think I was in the Navy and this was pretty uncon- wounded three times. that at this point the United States is not ventional, but when we were pinned down in Mr. KERRY. Yes, sir. really in a position to consider the happiness a ditch recovering bodies or something and Senator SYMINGTON. I have no further of those people as pertains to the army in they refused to come in and help us, point questions, Mr. Chairman. our withdrawal. We have to consider the hap- blank refused. I don’t believe they want to The CHAIRMAN. Senator Aiken. [Applause.] piness of the people as pertains to the life fight, sir. NORTH VIETNAMESE AND VC ATTITUDE TOWARD which they will be able to lead in the next OBLIGATION TO FURNISH ECONOMIC ASSISTANCE DEFINITE WITHDRAWAL DATE few years. Senator AIKEN. Do you think we are under Senator AIKEN. Mr. Kerry, the Defense De- If we don’t withdraw, if we maintain a Ko- obligation to furnish them with extensive partment seems to feel that if we set a defi- rean-type presence in South Vietnam, say economic assistance? nite date for withdrawal when our forces get 50,000 troops or something, with strategic Mr. KERRY. Yes, sir. I think we have a very down to a certain level, they would be seri- bombing raids from Guam and from Japan definite obligation to make extensive repara- ously in danger by the North Vietnamese and from Thailand dropping these 15,000 tions to the people of Indochina. pound fragmentation bombs on them, et and the Vietcong. Do you believe that the Senator AIKEN. I think that is all. North Vietnamese would undertake to pre- cetera, in the next few years, then what you The CHAIRMAN. Senator Pell. vent our withdrawal from the country and will have is a people who are continually op- Senator PELL. Thank you, Mr. Chairman. attack the troops that remain there? pressed, who are continually at warfare, and As the witness knows, I have a very high Mr. KERRY. Well, Senator, if I may answer whose problems will not at all be solved be- personal regard for him and hope before his you directly I believe we are running that cause they will not have any kind of rep- life ends he will be a colleague of ours in this danger with the present course of withdrawal resentation. body. because the President has neglected to state The war will continue. So what I am say- GROWTH OF OPPOSITION TO WAR to this country, exactly what his response ing is that yes, there will be some recrimina- will be when we have reached the point that tion but far, far less than the 200,000 a year This war was really just as wrong, im- we do have, let us say, 50,000 support troops who are murdered by the United States of moral, and unrelated to our national inter- in Vietnam. America, and we can’t go around President ests 5 years ago as it is today, and I must say Senator AIKEN. I am not telling you what Kennedy said this many times. He said that I agree with you. I think it is rather poor I think. I am telling you what the Depart- the United States simply can’t right every taste for the architects of this war to now be ment says. wrong, that we can’t solve the problems of sitting as they are in quite sacrosanct intel- Mr. KERRY. Yes Sir; I understand that. the other 94 percent of mankind. We didn’t lectual glass houses. Senator AIKEN. Do you believe the North go into East Pakistan; we didn’t go into I think that this committee, and particu- Vietnamese would seriously undertake, to Czechoslovakia. Why then should we feel larly Chairman Fulbright, deserve a huge impede our complete withdrawal? that we now have the power to solve the in- debt of gratitude from you and everyone of Mr. KERRY. No, I do not believe that the ternal political struggles of this country? your men who are here because when he con- North Vietnamese would and it has been We have to let them solve their problems ducted hearings some years ago when we clearly indicated at the Paris peace talks while we solve ours and help other people in were fighting in Vietnam. At that time the they would not. an altruistic fashion commensurate with our word ‘‘peace’’ was a dirty word. It was tied in Senator AIKEN. Do you think they might capacity. But we have extended that capac- with ‘‘appeasement’’ and Nervous Nellies and help carry the bags for us? [Laughter.] ity; we have exhausted that capacity, Sen- that sort of thing. Chairman Fulbright and Mr. KERRY. I would say they would be more ator. So I think the question is really moot. this committee really took public opinion at prone to do that than the Army of the South Senator AIKEN. I might say I asked those that time and turned it around and made Vietnamese. [Laughter.] [Applause.] questions several years ago, rather ineffec- ‘‘peace’’ a respectable word and produced the

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.011 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E603 climate that produced President Johnson’s I think it lies with the men who designed you to discuss it because in a sense you have abdication. free fire zones. I think it lies with the men already said this is not your area. The problem is that the majority of the who encouraged body counts. I think it lies Mr. KERRY. I do want to. I want to very people in the Congress still don’t agree with in large part with this country, which allows much. the view that you and we have. As the chair- a young child before he reaches the age of 14 Senator CASE. And I would be very glad to man pointed out, and as you know as a stu- to see 12,500 deaths on television, which glo- have you do it. dent of political science, whenever we want- rifies the John Wayne syndrome, which puts Mr. KERRY. Thank you, sir. I would like to ed to end this war, we could have ended this out fighting man comic books on the stands, very much. war if the majority of us had used the power which allows us in training to do calis- In my opinion what we are trying to do, as of the purse strings. That was just as true 5 thenics to four counts, on the fourth count of the President talks about getting out with a years ago as it is today. which we stand up and shout ‘‘kill’’ in uni- semblance of honor is simply whitewashing I don’t think it is a question of guts. We son, which has posters in barracks in this ourselves. On the question of getting out didn’t have the desire to do that and I am country with a crucified Vietnamese, blood with some semblance for peace, as a man not sure the majority has the desire to do on him, and underneath it says ‘‘kill the who has fought here, I am dying to say that that yet. Whenever we want to as a Congress, gook,’’ and I think that clearly the responsi- this policy has no chance for peace. You we could do it. We can’t start an action, but bility for all of this is what has produced don’t have a chance for peace when you arm we can force an action with the purse this horrible abberation. the people of another country and tell them strings. Now, I think if you are going to try Lieu- they can fight a war. That is not peace; that I think it is wonderful you veterans have tenant Calley then you must at the same is fighting a war; that is continuing a war. come down here as a cutting edge of public time, if this country is going to demand re- That is even criminal in the sense that this opinion because you again make this have spect for the law, you must at the same time country, if we are really worried about re- more respect and I hope you succeed and pre- try all those other people who have responsi- crimination, is going to have to some day vail on the majority of the Congress. bility, and any aversion that we may have to face up to the fact that we convinced a cer- VOTING OF VETERANS AND NONVETERANS the verdict as veterans is not to say that tain number of people, perhaps hundreds of CONCERNING VIETNAM WAR Calley should be freed, not to say that he is thousands, perhaps there will be several mil- It is interesting, speaking of veterans and innocent, but to say that you can’t just take lion, that they could stand up to something speaking of statistics, that the press has him alone, and that would be my response to which they couldn’t and ultimately will face never picked up and concentrated on quite that. the recrimination of the fact that their lives interesting votes in the past. In those votes Senator PELL. I agree with you. The guilt in addition to all the lives at this point, will you find the majority of hawks, were usually is shared by many, many, many of us, in- be on our conscience. I don’t think it is a nonveterans and the majority of doves were cluding the leaders of the get-out-now question of peace at all. What we are doing usually veterans. Specifically, of those who school. But in this regard if we had not tried is very, very hypocritical in our withdrawal, voted in favor of the Hatfield-McGovern end- him, I think we would be much more criti- and we really should face up to that. Senator CASE. May I press you just a little the-war amendment in the last session of the cized and should be criticized. I would think further or at least raise the question on Congress 79 percent were veterans with ac- the same fate would probably befall him as which I would ask you to comment. tual military service. Of those voting against befell either Sergeant or Lieutenant Schwarz Mr. KERRY. I wish you would, please. the amendment, only 36 percent were vet- of West Virginia who was tried for life for erans. the same offense and is out on a 9 months INDOCHINA AND QUESTION OF WORLD PEACE Now on the sponsors of the Cooper-Church commuted sentence. By the same token I Senator CASE. I think your answer was re- amendment you will find very much the would hope the quality of mercy would be ex- lated still to the question of Indochina, but same statistics. Eighty-two percent were ercised in this regard for a young man who I think the President has tried to tie in Indo- veterans as compared to 71 percent of the was not equipped for the job and ran amuck. china with the question of world peace. Senate as a whole being veterans. So I would But I think public opinion should think this Mr. KERRY. I would like to discuss that. It is my opinion that the United States is hope what you are doing will have an effect through. We who have taken this position still reacting in very much the 1945 mood on the Congress. find ourselves very much in the minority. and postwar cold-war period when we reacted OBLIGATION TO SOUTH VIETNAMESE. ALLIES Mr. KERRY. I understand that, Senator, but I think it is a very difficult thing for the to the forces which were at work in World- I have two questions I would like to ask War II and came out of it with this paranoia, you. First, I was very much struck by your public to think through faced with the facts. The fact that 18 other people indicted for the about the Russians and how the world was concern with asylum because now I see pub- going to be divided up between the super lic opinion starting to swing and Congress very same crime were freed and the fact among those were generals and colonels. I powers, and the foreign policy of John Foster passing legislation. Before they wouldn’t get Dulles which was responsible for the creation out at all; now they are talking about get- mean this simply is not justice. That is all. It is just not justice. of the SEATO treaty, which was, in fact, a ting out yesterday. When it comes to looking direct reaction to this so called Communist after the people who would be killed if we Senator PELL. I guess it is the revolu- tionary adage. When you see the whites of monolith: And I think we are reacting under left or badly ruined, I would hope you would cold-war precepts which are no longer appli- develop your thinking a little bit to make their eyes you are more guilty. This seems to be our morality as has been pointed out. cable. sure that American public opinion, which I say that because so long as we have the If you drop a bomb from a plane, you don’t now wants to get out, also bears in mind kind of strike force we have, and I am not see the whites of their eyes. that when we depart we have an obligation party to the secret statistics which you gen- I agree with you with the body count. It is to these people. I hope you will keep to that tlemen have here, but as long as we have the like a Scottish nobleman saying, ‘‘How many point. ones which we of the public know we have, I grouse were caught on the moor.’’ Four or ACTIONS OF LIEUTENANT CALLEY think we have a strike force of such capa- five years ago those of us who criticized were bility and I think we have a strike force sim- Finally, in connection with Lieutenant more criticized. Calley, which is a very emotional issue in Thank you for being here and I wish you ply in our Polaris submarines, in the 62 or this country, I was struck by your passing all success. [Applause.] some Polaris submarines, which are con- reference to that incident. stantly roaming around under the sea. And I The CHAIRMAN. Senator from New Jersey. Wouldn’t you agree with me though that know as a Navy man the underwater detec- Senator CASE. Thank you, Mr. Chairman. what he did in herding old men, women and tion is the hardest kind in the world, and children into a trench and then shooting STRATEGIC IMPLICATIONS OF VIETNAM WAR they have not perfected it, that we have the them was a little bit beyond the perimeter of Mr. Kerry, thank you too for coming You ability to destroy the human race. Why do even what has been going on in this war and have made more than clear something that I we have to, therefore, consider and keep con- that that action should be discouraged. think always has been true: that the war sidering threats? There are other actions not that extreme never had any justification in terms of Indo- At any time that an actual threat is posed that have gone on and have been permitted. china itself. I wish you would take this ques- to this country or to the security and free- If we had not taken action or cognizance of tion a little further and touch on the larger dom I will be one of the first people to pick it, it would have been even worse. It would strategic implications. It is in these larger up a gun and defend it, but right now we are have indicated we encouraged this kind of strategic implications, if anywhere, that reacting with paranoia to this question of action. may be found justification for our involve- peace and the people taking over the world. Mr. KERRY. My feeling, Senator, on Lieu- ment. As you know, the President said the I think if we are ever going to get down to tenant Calley is what he did quite obviously other day that it is easy to get out and to the question of dropping those bombs most was a horrible, horrible, horrible thing and I end the war immediately. of us in my generation simply don’t want to have no bone to pick with the fact that he The question is to get out and leave a rea- be alive afterwards because of the kind of was prosecuted. But I think that in this sonable chance for lasting peace. We have to world that it would be with mutations and question you have to separate guilt from re- look at this because the American people are the genetic probabilities of freaks and every- sponsibility, and I think clearly the respon- going to see the issue in the terms he has de- thing else. sibility for what has happened there lies fined it. I would be glad to have your com- Therefore, I think it is ridiculous to as- elsewhere. ment on this matter, although I won’t press sume we have to play this power game based

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.015 E22PT1 E604 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 on total warfare. I think there will be guer- tremely difficult situation which would the system and try to make it work because rilla wars and I think we must have a capa- amount to what you said a moment ago. You I can’t at the moment think of a better one bility to fight those. And we may have to said if our country was really threatened, given the conditions that we have in this fight them somewhere based on legitimate you would have no hesitancy in taking up a country and the great complexity and diver- threats, but we must learn; in this country, gun. So I think, in trying to evaluate the sity. how to define those threats and that is what course of our involvement in this war, we I really believe if we can stop this war—I I would say to this question of world peace. have to take all of this into consideration. It certainly expect to do everything I can. I I think it is bogus, totally artificial. There is was not a sign of any moral degradation or have done all I can with all my limitations. no threat. The Communists are not about to of bad motives. They were simply political I am sure many people have thought I could take over our McDonald hamburger stands. judgments as to where our interest really do bettor, but I did all that I was capable of [Laughter.] was. doing and what wisdom I may have has been Senator, I will say this. I think that politi- In retrospect I think we can say that our applied to it. I hope that you and your col- cally, historically, the one thing that people interest was not in supporting the French, leagues will feel the same way or at least try to do, that society is structured on as a that it was not in intervening, and it was not you will accept the structure of the system whole, is an attempt to satisfy their felt in undoing the Geneva Accords by the cre- and try to make it work. I can see no better needs, and you can satisfy those needs with ation of SEATO, but that is all history. I am alternative to offer in its place. almost any kind of political structure, giv- not saying this in order to try to lay the If I thought there was one, I would cer- ing it one name or the other. In this name it blame on anyone, but to get a perspective of tainly propose it or try. is democratic; in others it is communism, in, our present situation, and hopefully to help, CAN BASIC SYSTEM BE MADE TO WORK? others it is benevolent dictatorship. As long if I can, you and others not to be too disillu- Have you yourself arrived at the point as those needs are satisfied, that structure sioned and not to lose faith in the capacity where you believe that basic structural will exist. of our institutions to respond to the public changes must be brought about in our sys- But when you start to neglect those needs, welfare. I believe what you and your associ- tem or do you believe it can be made to people will start to demand a new structure, ates are doing today certainly contributes to work? and that, to me, is the only threat that this that, by the fact that you have taken the Mr. KERRY. I don’t think I would be here if country faces now, because we are not re- trouble to think these things through, and to I didn’t believe that it can be made to work, sponding to the needs and we are not re- come here. I know it is not very pleasant to but I would have to say, and one of the traits sponding to them because we work on these do the things you have done. of my generation now is that people don’t old cold-war precepts and because we have While I wouldn’t presume to compare my pretend to speak for other people in it, and not woken up to realizing what is happening own experience, I have taken a great deal of I can only speak as an individual about it, in the United States of America. criticism since I myself in 1965 took issue but I would say that I have certainly been Senator CASE. I thank you very much. I with the then President Johnson over his frustrated in the past months, very, very se- wanted you to have a chance to respond to policies. I did what I could within my par- riously frustrated. I have gone to business- the question of Indochina in a large context. ticular role in the Government to persuade men all over this country asking for money Mr. Chairman, I have just one further both President Johnson and subsequent po- for fees, and met with a varying range of thing to do. Senator Javits had to go to the litical leaders that this was not in the inter- comments, ranging from ‘‘You can’t sell war floor on important business, and he asked me ests of our country. I did this, not because I crimes’’ to, ‘‘War crimes are a glut on the to express his regret that he couldn’t stay thought they were evil men inherently or market’’ or to ‘‘well, you know we are tired and also that if he had stayed he would have they were morally misguided, but their po- now, we have tried, we can’t do anything.’’ limited his participation to agreement with litical judgment was wrong. All of us, of So I have seen unresponsiveness on the ra- everything Senator Symington said. [Ap- course, know that as fallible human beings cial question in this country. I see an unwill- plause.] we all make errors of judgment. ingness on the part of too many of the mem- BACKGROUND OF VIETNAM WAR POSSIBILITY OF MAKING U.S. INSTITUTIONS bers of this body to respond, to take gutsy The CHAIRMAN. Mr. Kerry, I have one other WORK EFFECTIVELY stands, to face questions other than their aspect of this I would like to explore for a I think it is helpful to try to put it in per- own reelection, to make a profile of courage, moment. I recognize you and your associ- spective and not lose confidence in the basi- and I am—although still with faith—very, ates, putting it on a personal point of view, cally good motives and purposes of this very, very full of doubt, and I am not going feeling the seriousness and the tragedy of country. I believe in the possibility of mak- to quit. But I think that unless we can re- the experience in Vietnam. But I am dis- ing our institutions work effectively. I think spond on as a great a question as the war, I turbed very much by the possibility that they can be made responsive to the welfare seriously question how we are going to find your generation may become or is perhaps of the people and to proper judgments. I only the kind of response needed to meet ques- already in the process of becoming disillu- throw this out because I have a feeling that tions such as poverty and hunger and ques- sioned with our whole country, with our sys- because of the unusual horror that has devel- tions such as birth control and so many of tem of government. There was much said oped from this war too many people may lose the things that face our society today from about it. You didn’t say it, but others have confidence in our system as a whole. I know low income housing to schooling, to recent said this. I wonder if we could explore for a of no better system for a country as large as reaction to the Supreme Court’s decision on moment the background of this war. this, with 200-plus millions of people. No busing. It has seemed to me that its origin was es- other country comparable to it in history But I will say that I think we are going to sentially a mistake in judgment, beginning has ever made a democratic system work. keep trying. I also agree with you, Senator. with our support of the French as a colonial They have all become dictatorships when I don’t see another system other than de- power, which, I believe, is the only time our they have achieved the size and complexity mocracy, but democracy has to remain re- country has ever done that. Always our sym- of this country. Only smaller countries real- sponsive. When it does not, you create the pathies has been with the colony. If you will ly have made a democratic system work at possibilities for all kinds of other systems to recall, we urged the British to get out of all. supplant it, and that very possibility, I Egypt and India, and we urged, many So I only wish to throw it out hopefully think, is beginning to exist in this country. thought too vigorously, the Dutch pre- that, in spite of the tragic experiences of you The CHAIRMAN. That is why I ask you that. maturely to get out of Indonesia. I think and so many other people and the deaths of The feeling that it cannot be made respon- there was much criticism that we acted pre- so many people, this system is not beyond sive comes not so much from what you have maturely in urging the Belgians to get out of recall and with the assistance of people like said but from many different sources. I can the Congo. In any case, the support of the yourself and the younger generation we can assure you I have been frustrated too. We French to maintain their power was a depar- get back on the track, and can make this have lost most of our major efforts. That is ture from our traditional attitude toward co- system operate effectively. we have not succeeded in getting enough lonial powers because of our own history. I know that the idea of working within the votes, but there has been a very marked in- It started in a relatively small way by our system has been used so much, and many crease, I think, in the realization of the seri- support of the French. Then one thing led to people have lost confidence that it can be ousness of the war. I think you have to keep another. But these were not decisions, I be- done. They wish to destroy the system, to in perspective, as I say, the size and com- lieve, that involved evil motives. They were start all over, but I don’t think in the his- plexity of the country itself and the difficul- political judgments which at that time were tory of human experience that those destruc- ties of communication. This war is so far re- justified by the conditions in the world. You tions of systems work. They usually destroy moved. The very fact, as you have said, you have already referred to the fact that after everything good as well as bad, and you have do not believe what happens there to be in World War II there was great apprehension, an awful lot of doing to recreate the good the vital interests of this country, has from and I think properly. The apprehension was part and to get started again. the beginning caused many people to think justified by the events, especially from Sta- So I am very hopeful that the younger gen- it wasn’t so important. lin’s regime. There was apprehension that he eration—and I am certainly getting at the GRADUAL DEVELOPMENT OF CONCERN ABOUT would be able, and if he could he would im- end of my generation because I have been VIETNAM WAR pose his regime by force on all of Western here an awfully long time—but that you In the beginning, back in the times that I Europe which could have created an ex- younger people can find it possible to accept mentioned when we first supported the

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.018 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E605 French and throughout the 1950’s up until Do you have anything else you would like It goes beyond that. We really have a con- the 1960’s, this whole matter was not very to say? stitutional crisis in this country right now. much on the minds of anybody in the Con- Mr. KERRY. Would you like me to respond The Constitution under test, and we are fail- gress. We were more preoccupied with what at all, sir? ing. We are failing clearly because the power was going on in Western Europe, the fear, The CHAIRMAN. If you care to. of the Executive has became exorbitant, be- particularly during Stalin’s time, that lie Mr. KERRY. Well, my feeling is that if you cause Congress has not wanted to exercise might be able to subjugate all of Western Eu- are talking about the ideal structure of this its own power, and so that is going to require rope, which would have been a very serious country as it is written down in the Con- some very fundamental changes. challenge to us. This grew up almost as a pe- stitution, then you or I would not differ at So the system itself on paper, no, it is a ripheral matter without anyone taking too all. Yes, that is an ideal structure. question of making it work, and in that I much notice until the 1960’s. The major time DEVELOPMENTS IN UNITED STATES REQUIRING would agree with you, and I think that when the Congress, I think, really became FUNDAMENTAL CHANGES things are changing in a sense. I think the concerned about the significance of the war What has developed in this country, how- victory of the ABM was a tremendous boost. The CHAIRMAN. SST. was really not before 1965, the big escalation. ever, at this point is something quite dif- Mr. KERRY. SST, excuse me. It was a very minor sideshow in all the ferent and that does require some funda- The CHAIRMAN. I hope the ABM. things in which this country was involved mental changes. I do agree with you that until February of 1965. That was when it be- [Applause.] what happened in Vietnam was not the prod- Mr. KERRY. Wrong system. came a matter that, you might say, war- uct of evil men seeking evil goals. It was ranted and compelled the attention of the I think the fact that certain individuals misguided principles and judgments and are in Congress today, particularly in the country. It has been a gradual development other things. of our realization of just what we were into. House, who several years ago could never However, at some point you have to stop have been. I would cite Representative Del- As I said before, I think this came about playing the game. At some point you have to not because of bad motives but by very seri- lums and Congresswoman Abzug and Con- say, ‘‘All right we did make a mistake.’’ At gressman Drinan and people like this. I ous errors in political judgment as to where some point the basic human values have to our interest lies and what should be done think this is a terribly encouraging sign, and come back into this system and at this mo- I think if nothing more, and this is really about it. ment we are so built up within it by these I am only saying this Hopefully to at least sad poetic justice, if nothing more, this war outside structures, other interests, for in- when it is over, will ultimately probably try to enlist your consideration, of the view stance, government by vested power which, that in a country of this kind I don’t believe have done more to awaken the conscience of in fact, you and I really know it is. When a this country than any other similar thing. It there is a better alternative from a struc- minority body comes down here to Wash- tural point of view. I think the structure of may in fact be the thing that will set us on ington with a bill, those bodies which have the right road. our Government is sound. the funds and the ability to lobby are those To go back to my own State certainly, I earnestly hope so and I join you in that. which generally get it passed. If you wanted But meanwhile, I think we still need that leaving out now the war, its affairs are being to pass a health care medical bill, which we well managed. The people are, as you may extraordinary response to the problem that have finally perhaps gotten to this year, we exists and I hope that we will get it. say, maybe too indifferent to this. may, but in past years the AMA has been Mr. KERRY. As it does in Massachusetts, IMPACT OF VIETNAM WAR AND OTHERS ON able to come down here and squash them. too. CONSTITUTIONAL BALANCE The American Legion has successfully pre- The CHAIRMAN. I have often thought they vented people like Vietnam Veterans against The CHAIRMAN. I am glad to hear you say were too indifferent to it, but they have re- the War from getting their programs that. I have the same feeling. But you must sponded to the arguments as to where our in- through the Veterans’ Administration. remember we have been through nearly 30 terest lies quite well, at least from my per- Those bodies in existence have tremendous years of warfare or cold war or crises which sonal experience. Otherwise I would not be power. I think have upset the balance, as you say, in here. But I think there is a gradual recogni- There is one other body that has tremen- our constitutional system. Senator Javits tion of this. dous power in this country, which is a favor- has introduced a bill with regard to the war WAR’S INTERFERENCE WITH DEALING WITH ite topic of Vice President Agnew and I powers in an effort to reestablish what we OTHER PROBLEMS would take some agreement with him. That believe to be the constitutional system in I also feel that if we could finish the war would be the fourth estate. The press. I think which you say you have confidence. I intro- completely within the reasonably near fu- the very reason that we veterans are here duced and we passed a commitments resolu- ture, as some of the proposals before this today is the result partially of our inability tion. There are a number of others. I won’t committee are designed to do if we can pass to get our story out through the legitimate relate them all, but they are all designed to them, I think the country can right itself channels. try to bring back into proper relationship and get back on the track, in a reasonably That is to say, for instance, I held a press the various elements in our Government. quick time, dealing with the problems you conference here in Washington, D.C., some This effort is being made. mentioned. We are aware and conscious of all weeks ago with General Shoup, with General I think the culprit is the war itself. The of them. Hester, with the mother of a prisoner of war, fact we had been at war, not just the Viet- The thing that has inhibited us in doing the wife of a man who was killed, the mother nam war but others too, diverted the atten- things about what ,you mention has been the of a soldier who was killed, and with a bilat- tion of our people from our domestic con- war. It has been the principal obstacle to eral amputee, all representing the so-called cerns and certainly eroded the role of the dealing with these other problems with silent majority, the silent so-called majority Congress. Under the impact of this and other which you are very concerned, as, I think, which the President used to perpetuate the wars we have allowed this distortion to de- the Congress is. Always we are faced with war, and because it was a press conference velop. If we can end the war, there is no good the demands of the war itself. Do you realize and an antiwar conference and people simply reason why it cannot be corrected. that this country has put well over $1,000 bil- exposing ideas we had no electronic media REPRESENTATION OF CONSTITUENCIES lion into military affairs since World War II? there. You mentioned some new faces in the Con- I think it now approaches $1,500 billion. It I called the media afterward and asked gress. After all, all these people get here be- is a sum so large no one can comprehend it, them why and the answer was, from one of cause of the support back home, as you but I don’t think outside of this war issue the networks, it doesn’t have to be identi- know. They are simply representative of there is anything fundamentally wrong with fied, ‘‘because, sir, news business is really their constituents. You do accept that, I be- the system that cannot be righted. partly entertainment business visually, you lieve. If we can give our resources to those devel- see, and a press conference like that is not Mr. KERRY. Partially, not totally. opments, I don’t have any doubt myself that visual.’’ The CHAIRMAN. Why not? it can be done. Whether it will be done or not Of course, we don’t have the position of Mr. KERRY. As someone who ran for office is a matter of will. It is a matter of convic- power to get our ideas out, I said, ‘‘If I take- for 31⁄2 weeks, I am aware of many of the tion of the various people who are involved, some crippled veterans down to the White problems involved, and in many places, you including the younger generation. House and we chain ourselves to the gates, can take certain districts in New York City, In that connection, I may say, the recent will we get coverage?’’ ‘‘Oh, yes, we will the structure is such that people can’t really enactment of the right of all people from 18 cover that.’’ run and represent necessarily the people. years up to vote is at least a step in the di- So you are reduced to a position where the People often don’t care. The apathy is so rection where you and your generation can only way you can get your ideas out is to great that they believe they are being rep- have an effect. stage events, because had we not staged the resented when in fact they are not. I think I hope that you won’t lose faith in it. I events with all due respect, Senator, and I that you and I could run through a list of hope you will use your talents after the war really appreciate the fact that I am here ob- people in this body itself and find many who is over, and it surely will be over, to then at- viously, and I know you are committed to are there through the powers of the office tack these other problems and to make the this, but with all due respect I probably itself as opposed to the fact they are truly system work. wouldn’t be sitting at this table. You see representing the people. It is very easy to I believe it can be made to work. this is the problem. give the illusion of representing the people

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through the frank privileges which allow you populated area costs about $50,000. Many peo- Senator SYMINGTON. Yes. Mr. Kerry I had to send back what you are doing here in Con- ple simply don’t have that available, and. in to leave because we are marking up the se- gress. Congressman insert so often. order to. get it inevitably wind up with their lective service bill in the Armed Services You know, they gave a speech for the Pol- hands tied. Committee. But I will read the record. ish and they gave a speech for the Irish and The CHAIRMAN. That is a common state- ATTITUDE OF SERVICEMEN TOWARD they gave a speech for this, and actually ment, but we had an example during this last CONGRESSIONAL OPPOSITION TO WAR handed the paper in to the clerk and the year of a man being elected because he The staff has a group of questions here, clerk submits it for the record and a copy of walked througn Florida with a minimum of four of which I would ask. Over the years the record goes home and people say, ‘‘Hey, money. As he became attractive to the peo- members of this committee who spoke out in he really is doing something for me.’’ But he ple he may have received more, but he start- opposition to the war were often accused of isn’t. ed without money. You are familiar with Mr. stabbing our boys in the back. What, in your The CHAIRMAN. Well—— Chiles. Mr. KERRY. Senator, we also know prior to opinion, is the attitude of servicemen in Mr. KERRY. Yes, I am familiar. I under- Vietnam about congressional opposition to this past year the House used to meet in the stand it. Committee of the Whole and the Committee the war? The CHAIRMAN. I know in my own state, Mr. KERRY. If I could answer that, it is of the Whole would make the votes, and our Governor started without any money or votes not of record and people would file very difficult, Senator, because I just know, with just himself and came from nowhere I don’t want to get into the game of saying through, and important legislation was de- and defeated a Rockefeller. So it is not true cided then, and after the vote came out and I represent everybody over there, but let me that you have to have a lot of money to get after people made their hacks and cuts, and try to say, as straightforwardly as I can, we elected. If you have the other things that it the porkbarrel came out, the vote was re- had an advertisement, ran full page, to show takes, personality, the determination and ported and gave them an easy out and they you what the troops read. It ran in Playboy the intelligence, it is still possible. ‘‘There could say ‘‘Well, I voted against this.’’ And and the response to it within two and a half actually they voted for it all the time in the were other examples, but those are well weeks from Vietnam was 1,200 members. We committee. known. I don’t think it is correct to say you received initially about 50 to 80 letters a day Some of us know that this is going on. So have to have a lot of money. It helps, of from troops there. We now receive about 20 I would say there are problems with it. course. It makes it easier and all that, but it letters a day from troops arriving at our New Again I come back and say they are not in- isn’t essential. I think you can cite many ex- York office. Some of these letters—and I soluble. They can be solved, but they can amples where that is true. wanted to bring some down, I didn’t know we only be solved by demanding leadership, the ESSENTIAL QUESTION WILL BE RESPONSE TO were going to be testifying here and I can same kind of leadership that we have seen in VIETNAM ISSUE make them available to you—are very, very some countries during war time. That seems Mr. KERRY. Senator, I would basically moving, some of them written by hospital to be the few times we get it. If we could get agree with what you are saying and obvi- corpsmen on things, on casualty report that kind because I think we are in a con- ously we could find exceptions to parts of ev- sheets which say, you know, ‘‘Get us out of stant war against ourselves and I would like erything everywhere and I understand really here.’’ ‘‘You are the only hope we have got.’’ to see that come—they should demand it of the essential question is going to be the re- ‘‘You have got to get us back; it is crazy.’’ each other if we can demand it of people. sponse to the issue of Vietnam. We received recently 80 members of the 101st The CHAIRMAN. Take the two cases of what The CHAIRMAN. I agree with that. I can as- Airborne signed up in one letter. Forty mem- goes on in the House about the secret votes. sure you that this committee and, certainly, bers from a helicopter assault squadron, That is not a structural aspect of our Gov- I are going to do everything we can. That is crash and rescue mission signed up in an- ernment. That is a regulation or whatever what these hearings are about. It is lust by other one. you call it of the procedures in the House coincidence you came to Washington in the I think they are expressing, some of these itself. very midst of them. We only opened these troops, solidarity with us, right now by NECESSITY OF INFORMED ELECTORATE hearings on Tuesday of this week. I person- wearing black arm bands and Vietnam Vet- Fundamentally you said that the people ally believe that the great majority of all erans Against the War buttons. They want to can bamboozle their constituents; they can the people of this country are in accord with come out and I think they are looking at the fool them. Of course, that is quite true of your desire, and certainly mine, to get the people who want to try to get them out as a any system of a representative nature. The war over at the earliest possible moment. All help. However, I do recognize there are some solution to that is to inform the electorate we are concerned with at the moment is the men who are in the military for life. The job itself to the extent that they recognize a best procedure to bring that about, the pro- in the military is to fight wars. When they fraud or a phony when they have one. This is cedure to persuade the President to take the have a war to fight, they are just as happy in not easy to do, but it is fundamental in a de- steps that will bring that about. I for one a sense, and I am sure that these men feel mocracy. If you believe in a democratic sys- have more hope now than I had at any time they are being stabbed in the back. But, at tem, the electorate who elect the representa- in the last 6 years because of several things the same time, I think to most of them the tives have to have sufficient capacity for dis- you have mentioned. I think there is a very crimination. They have to be able to tell the realization of the emptiness, the hollowness, good chance that it will be brought about in difference between a phony, someone who the absurdity of Vietnam has finally hit the. reasonably near future. simply puts pieces in the record, and some- home, and I feel if they did come home the one who actually does something, so that COMMENDATION OF VIETNAM VETERANS recrimination would certainly not come they can recognize it in an election, if they AGAINST THE WAR from the right, from the military. I don’t are interested. I think you and your associates have con- think there would be that problem. Now if they are apathetic, as you say they tributed a great deal in the actions you have Senator SYMINGTON. Thank you. are apathetic, and don’t care, then democ- taken. As I said in the beginning, the fact Has the fact Congress has never passed a racy cannot work if they continue to be apa- that you have shown both great conviction declaration of war undermined the morale of thetic and don’t care who represents them. and patience about this matter and at the U.S. servicemen in Vietnam, to the best of This comes back to a fundamental question same time conducted yourself in the most your knowledge? of education through all different resources, commendable manner has been the most ef- Mr. KERRY. Yes; it has clearly and to a not only the formal education but the use of fective demonstration, if I may use that great, great extent. the media and other means to educate them. word. Although you have demonstrated in USE OF DRUGS BY U.S. SERVICEMEN IN VIETNAM Our Founding Fathers recognized that you the sense that has become disapproved of in Senator SYMINGTON. There have been many couldn’t have a democracy without an in- some circles, I think you have demonstrated reports of widespread use of drugs by U.S. formed electorate. It comes back to the in- in the most proper way and the most effec- servicemen in Vietnam. I might add I was in forming of the electorate; doesn’t it? That is tive way to bring about the results that you Europe last week and the growth of that not a structural deficiency in our system. wish and I believe you have made a great problem was confirmed on direct questioning You are dealing now with the deficiencies of contribution. of people in the military. How serious is the human nature, the failure of their education I apologize. I am not trying to lecture you problem and to what do you attribute it? and their capacity for discrimination in the about our Government. I have just been dis- Mr. KERRY. The problem is extremely seri- selection of their representatives. turbed, not so much by you as by other ous. It is serious in very many different I recognize this is difficult. All countries things that have happened, that the younger ways. I believe two Congressmen today broke have had this same problem and so long as generation has lost faith in our system. I a story. I can’t remember their names. There they have a representative system this has don’t think it is correct. I think the para- were 35,000 or some men, heroin addicts that to be met. But there is no reason why it can- noia to which you referred has been true. It were back. not be met. arose at a time when there was reason for it The problem exists for a number of rea- A structural change does not affect the ca- perhaps, but we have long since gone out of sons, not the least of which is the emptiness. pacity of the electorate to choose good rep- that time, and I think your idea of timing is It is the only way to get through it. A lot of resentatives; does it? correct. But I congratulate you and thank guys, 60, 80 percent stay stoned 24 hours a COST OF ELECTION CAMPAIGNS you very much for coming. [Applause.] day just to get through the Vietnam—— Mr. KERRY. Well, no, sir; except for the Senator Symington would like to ask a Senator SYMINGTON. You say 60 to 80 per- fact that to run for representative in any question. cent.

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Mr. KERRY. Sixty to 80 percent is the fig- eral friends of mine were intelligence officers you have got to tell the American people ure used that try something, let’s say, at one and I think you should have them in some- this story.’’ The response was, ‘‘Well, I can’t point. Of that I couldn’t give you a figure of time to testify. Once in Saigon I was visiting write that kind of thing. I can’t criticize habitual smokers, let’s say, of pot, and I cer- this friend of mine and he gave me a com- that much because if I do I would lose my ac- tainly couldn’t begin to say how many are plete rundown on how the entire intelligence creditation, and we have to be very careful hard drug addicts, but I do know that the system should be re-set up on all of its prob- about just how much we say and when.’’ problem for the returning veteran is acute lems, namely, that you give a young guy a We are holding a press conference today, as because we have, let’s say, a veteran picks certain amount of money, he goes out, sets a matter of fact, at the National Press Build- up a $12 habit in Saigon. He comes back to up his own contacts under the table, gets in- ing—it might be going on at this minute—in this country and the moment he steps off an telligence, comes in. It is not reliable; every- which public information officers who are airplane that same habit costs him some $90 body is feeding each other double intel- members of our group, and former Army re- to support. With the state of the economy, ligence, and I think that is what comes back porters, are going to testify to direct orders he can’t get a job. He doesn’t earn money. He to this country. of censorship in which they had to take out turns criminal or just finds his normal I also think men in the military, sir, as do certain pictures, phrases they couldn’t use sources and in a sense drops out. men in many other things, have a tendency and so on down the line and, in fact, the in- The alienation of the war, the emptiness of to report what they want to report and see formation they gave newsmen and directions back and forth, all combined adds to this. what they want to see. And this is a very se- they gave newsmen when an operation was There is no real drug rehabilitation program. rious thing because I know on several vis- going on when the military didn’t want the I know the VA hospital in New York City has its—Secretary Laird came to Vietnam once press informed on what was going on they 20 beds allocated for drug addicts; 168 men and they staged an entire invasion for him. would offer them transportation to go some- are on the waiting list, and I really don’t When the initial force at Dang Tam, it was place else, there is something else happened know what a drug addict does on the waiting the 9th Infantry when it was still there— and they would fly a guy 55 miles from where list. when the initial recon platoon went out and the operation was. So the war has not been And just recently the same hospital gave met with resistance, they changed the entire reported correctly. three wards to New York University for re- operation the night before and sent them I know from a reporter of Time—showed search purposes. down into the South China Seas so they the massacre of 150 Cambodians, these were It is very, very widespread. It is a very se- would not run into resistance and the Sec- South Vietnamese troops that did it, but rious problem. I think that this Congress retary would have a chance to see how there were American advisers present and he should undertake to investigate the sources smoothly the war was going. couldn’t even get other newsmen to get it because I heard many implications of Madam I know General Wheeler came over at one out let alone his own magazine, which Ky and others being involved in the traffic point and a major in Saigon escorted him doesn’t need to be named here. So it is a ter- and I think there are some very serious around. General Wheeler went out to the rible problem, and I think that really it is a question of the Government allowing free things here at stake. field and saw 12 pacification leaders and ideas to be exchanged and if it is going to Senator SYMINGTON. In the press there was asked about 10 of them how things were fight a war then fight it correctly. The only a woman reporter. I think her name was going and they all said, ‘‘It is really going people who can prevent My Lais are the Emerson. In any case she stated she bought pretty badly.’’ The 11th one said, ‘‘It couldn’t press and if there is something to hide per- drugs six or nine times openly, heroin, in a be better, General. We are really doing the haps we shouldn’t be there in the first place. 15-mile walk from Saigon. The article had a thing here to win the war.’’ And the General Senator SYMINGTON. Thank you, Mr. Chair- picture of a child with a parasol and a par- said, ‘‘I am finally glad to find somebody who knows what he is talking about.’’ man. rot. She said this child was one of the people [Applause.] from whom she had bought, herself, these (Laughter.) REQUEST FOR LETTERS SENT TO VIETNAM drugs and that the cost of the heroin was This is the kind of problem that you have. VETERANS AGAINST WAR from $3 to $6. I think that the intelligence which finally If we are over there, in effect, protecting reaches the White House does have serious The CHAIRMAN. With regard to the letters the Thieu-Ky government, why is it that this problems with it in that I think you know you have mentioned, I wondered about them. type and character of sale of drugs to any- full well, I know certainly from my experi- I have received a great many letters, but usually particularly in those from Vietnam, body, including our own servicemen, can’t be ence, I served as aide to an admiral in my the men would say that they would not like controlled? last days in the Navy before I was dis- me to use them or use their names for fear Mr. KERRY. It is not controllable in this charged, and I have seen exactly what the re- of retaliation. Of course, I respected their re- country. Why should it be controllable in sponse is up the echelon, the chain of com- quest. If you have those letters, it might be that country? mand, and how things get distorted and peo- interesting, if you would like to, and if the Senator SYMINGTON. It isn’t quite that ple say to the man above him what is needed writer has no objection, to submit them for open in this country, do you think? to be said, to keep everybody happy, and so the record which would be for the informa- Mr. KERRY. It depends on where you are. I don’t—I think the entire thing is distorted. tion of the committee. [Applause.] It is just a rambling answer. Senator SYMINGTON. How do you think this Senator SYMINGTON. We are talking about CHANGING MOOD OF TROOPS IN VIETNAM could be changed? heroin, not pot, or LSD. Mr. KERRY. Senator, I would like to add a Mr. KERRY. I have never really given that comment on that. You see the mood is Mr. KERRY. I understand that, but if you aspect of it all that much thought. I wish I walk up 116th Street in Harlem I am sure changing over there and a search and destroy had this intelligence officer with me. He is a mission is a search and avoid mission, and somebody can help you out pretty fast. very intelligent young man. [Laughter.] troops don’t—you know, like that revolt that REPORTING OF VIETNAM WAR IN THE PRESS took place that was mentioned in the New ACCURACY OF INFORMATION THROUGH OFFICIAL Senator SYMINGTON. There has been consid- York Times when they refused to go in after MILITARY CHANNELS erable criticism of the war’s reporting by the a piece of dead machinery, because it didn’t Senator SYMINGTON. Mr. Kerry, from your press and news media. What are your have any value. They are making their own experience in Vietnam do you think it is pos- thoughts on that? judgments. sible for the President or Congress to get ac- Mr. KERRY. On that I could definitely com- There is a GI movement in this country curate and undistorted information through ment. I think the press has been extremely now as well as over there, and soon these official military channels. negligent in reporting. At one point and at people, these men, who are prescribing wars (Shouts of ‘‘No.’’ from the audience.) the same time they have not been able to re- for these young men to fight are going to Mr. KERRY. I don’t know—— port because the Government of this country find out they are going to have to find some Senator SYMINGTON. I am beginning to has not allowed them to. I went to Saigon to other men to fight them because we are think you have some supporters here. try to report. We were running missions in going to change prescriptions. They are Mr. KERRY. I don’t know where they came the Mekong Delta. We were running raids going to have to change doctors, because we from, sir, maybe Vietnam. through these rivers on an operation called are not going to fight for them. That is what I had direct experience with that. Senator, Sealord and we thought it was absurd. they are going to realize. There is now a I had direct experience with that and I can We didn’t have helicopter cover often. We more militant attitude even within the mili- recall often sending in the spot reports seldom had jet aircraft cover. We were out of tary itself, among these soldiers evidenced which we made after each mission and in- artillery range. We would go in with two by the advertisements recently in the New cluding the GDA, gunfire damage assess- quarter-inch aluminum hull boats and get York Times in which members of the First ments, in which we would say, maybe 15 shot at and never secure territory or any- Air Cavalry publicly signed up and said, ‘‘We sampans sunk or whatever it was. And I thing except to quote Admiral Zumwalt to would march on the 24th if we could be there, often read about my own missions in the show the American flag and prove to the but we can’t because we are in Vietnam.’’ Stars and Stripes and the very mission we Vietcong they don’t own the rivers. We found Those men are subject obviously to some had been on had been doubled in figures and they did own them with 60 percent casualties kind of discipline, but people are beginning tripled in figures. and we thought this was absurd. to be willing to submit to that. And I would The intelligence missions themselves are I went to Saigon and told this to a member just say, yes, I would like to enter the let- based on very, very flimsy information. Sev- of the news bureau there and I said, ‘‘Look, ters in testimony when I can get hold of

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.028 E22PT1 E608 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 them and I think you are going to see this couldn’t think of anybody whose testimony I self to research the immune system on the will be a continuing thing. would rather have and act on from the point Internet, and eventually met an immunologist (As of the date of publication the informa- of view of what this is doing to our young who diagnosed her correctly, in her mid-40’s. tion referred to had not been received.) men we are sending over there, how they feel Linda is eligible for IGIV therapy, but so far The CHAIRMAN. If you would like to we can about it, what the impact is on the con- incorporate some of them in the record. science of a country, what the impact is on a daily dose of two antibiotics is preventing DOCUMENTARY ENTITLED ‘‘THE SELLING OF THE even the future of the military services from sinus and ear infections, and her asthma PENTAGON’’ the point of view of the men who served, symptoms have become sporadic, rather than This is inspired by your reply to the Sen- than your own. chronic. She knows that someday she might ator from Missouri’s question. Did you hap- Thank you very much. have to depend on IGIV, but for now she is pen to see a documentary called, ‘‘The Sell- Mr. KERRY. Thank you, Senator. [Ap- trying to make good lifestyle choices and keep ing of the Pentagon’’? plause.] a positive attitude. One way Linda has done The CHAIRMAN. Mr. Kerry, I am sure you Mr. KERRY. Yes, I did. I thought it was the this is by becoming a volunteer peer contact most powerful and persuasive and helpful can sense the committee members appre- ciate very much your coming. Do you have for the Immune Deficiency Foundation. In my documentary in recent years. home State of Wisconsin, Linda provides infor- The CHAIRMAN. But you know what hap- anything further to say before we recess? pened to CBS? They have been pilloried by EXPRESSION OF APPRECIATION mation and support to other PIDD patients or parents who have children with PIDD. the—— Mr. KERRY. No, sir; I would just like to say Mr. KERRY. They are doing all right. on behalf of the Vietnam Veterans Against Linda is not unique with the delay in diag- The CHAIRMAN. You think they can defend the War that we do appreciate the efforts nosis of her primary immune deficiency dis- themselves? made by the Senators to put that resolution ease. Despite the recent progress in PIDD re- Mr. KERRY. I think they have; yes sir. I on the floor, to help us, help us in their of- search, the average length of time between think the public opinion in this country, be- fices in the event we were arrested and par- the onset of symptoms in a patient and a de- lieves that, ‘‘The Selling of the Pentagon.’’ I ticularly for the chance to express the finitive diagnosis of PIDD is 9.2 years. In the was a public information officer before I thoughts that I have put forward today. I ap- went to Vietnam, and I know that those interim, those afflicted may suffer repeated preciate it. and serious infections and possibly irreversible things were just the way they said because I The CHAIRMAN. You have certainly done a conducted several of those tours on a ship, remarkable job of it. I can’t imagine their damage to internal organs. That is why it is and I have seen my own men wait hours until having selected a better representative or critical that we raise awareness about these people got away, and I have seen cooks put spokesman. illnesses within the general public and the on special uniforms for them. Thank you very much. [Applause.] health care community. I have seen good food come out for the visi- (Whereupon, at 1 p.m. the committee was Mr. Speaker, I commend the Immune Defi- tors and everything else. It really happens. adjourned subject to the call of the Chair.) ciency Foundation for its leadership in this The CHAIRMAN. The Senator from New York has returned. Would he care to ask a f area and I am proud to join them in recog- nizing the week of April 19th as National Pri- question? IN RECOGNITION OF NATIONAL mary Immune Deficiency Diseases Awareness RESOLUTION CONCERNING VIETNAM VETERANS’ PRIMARY IMMUNE DEFICIENCY Week. I encourage my colleagues to work with ENCAMPMENT DISEASES AWARENESS WEEK Senator JAVITS. I don’t want to delay ei- us to help improve the quality of life for PIDD ther the witness or the committee. Senator patients and their families. Case was tied up on the floor on your resolu- HON. f tion on the encampment and the expected OF WISCONSIN occurred, of course. It has gone to the cal- IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF MIKE HEALY endar. ON HIS SERVICE TO THE BAY Senator SYMINGTON. If you will yield, Sen- Thursday, April 22, 2004 AREA RAPID TRANSIT DISTRICT ator. I have to preside at 1 o’clock. I thank Ms. BALDWIN. Mr. Speaker, I rise today to you for your testimony. ask my colleagues to join me in recognizing Mr. KERRY. Thank you, Senator. [Ap- HON. ELLEN O. TAUSCHER plause.] the week of April 19th as National Primary Im- OF CALIFORNIA Senator JAVITS. It has gone to the calendar mune Deficiency Diseases Awareness Week. IN THE HOUSE OF REPRESENTATIVES but I think the point has been very well Primary immune deficiency diseases (PIDD) made by, I think, the total number of spon- are genetic disorders in which part of the Thursday, April 22, 2004 sors. There were some 27 Senators. body’s immune system is missing or does not Mrs. TAUSCHER. Mr. Speaker, on behalf of WITNESS’ CREDENTIALS function properly. The World Health Organiza- the members of the San Francisco Bay Area Senator Case was kind enough to express tion recognizes more than 150 primary im- Congressional Delegation, including Rep- my view. I wish to associate myself with the mune diseases which affect as many as resentatives STARK, PELOSI, MILLER, LEE, LAN- statement Senator Symington made when I 50,000 people in the united States. Fortu- TOS, LOFGREN, HONDA, ESHOO, POMBO, WOOL- was here as to your credentials. That is what nately, 70 percent of PIDD patients are able to SEY and THOMPSON, I rise to pay tribute to we always think about with a witness and maintain their health through regular infusions Mike Healy, Department Manager of Media your credentials couldn’t be higher. The moral and morale issues you have of a plasma product know as intravenous and Public Affairs for the Bay Area Rapid raised will have to be finally acted upon by immunoglobulin. IGIV helps bolster the im- Transit (BART) District. For his steadfast com- the committee. I think it always fires us to mune system and provides critical protection mitment and dedication as the face and voice a deeper sense of emergency and dedication against infection and disease. of BART, even before the system carried a when we hear from a young man like your- I am familiar with primary immune defi- single passenger, we would like to thank Mike self in what we know to be the reflection of ciencies because of a constituent of mine who Healy and wish him well in his retirement. His the attitude of so many others who have has a primary immune deficiency disease thirty-two years of energetic leadership at served in a way which the American people called selective antipolysaccharide antibody BART have helped shape one of the largest so clearly understand. It is not as effective unless you have those credentials. The kind deficiency syndrome. Linda Keegan, like so and most vital mass transit systems in the you have. many primary immune deficiency patients was United States for the better, for all of those The only other thing I would like to add is not diagnosed until adulthood. Linda spent a who call the San Francisco Bay Area home. this: great part of her life winding her way through Born in South Bend, Indiana, Mike Healy EVALUATION OF TESTIMONY the health-care system, suffering from recur- was raised in Los Angeles and graduated from I hope you will understand me and I think rent sinus and ear infections, sinus surgery, the University of Southern California with a you will agree with me. Your testimony and the mid-life onset of asthma. She felt that Bachelor’s Degree in Journalism and Tele- about what you know and what you see, how virtually nobody with a medical degree of any communications. Though initially more inter- you feel and how your colleagues feel, is en- sort was willing to understand or believe that ested in writing screenplays for movie studios titled to the highest standing and priority. she was unable to resist infections in the during his early career, it was transportation When it comes to the bits and pieces of infor- same way that most people do. She spent her that was destined to attract and retain his at- mation, you know, like you heard that Madam Ky is associated with the sale of nar- life being sick and on antibiotics. Finally, one tention. cotics or some other guy got a good meal, I morning in an urgent care unit, a physician’s When BART first hired Mike Healy, he was hope you will understand as Senators and assistant listened to her medical history, and told his tenure there would most likely end be- evaluators of testimony we have to take that said ‘‘there might be something wrong with fore six months had passed. Instead, Mike in the context of many other things, but I your immune system.’’ Linda took it upon her- Healy has worked for six different general

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.031 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E609 managers and many more elected directors teers have become the eyes and ears of local as U.S. Ambassador to the United Nations since he first began work for the system in police, deterring crime and saving taxpayers Children’s Fund. 1971. millions of dollars. In addition, Marjorie chaired the board of During Mike Healy’s tenure at the transit Those who take the time to cast a watchful Save the Children, which advocates women, district, directing media and public affairs, eye on their surroundings ensure a safer, children and development in countries around BART has gone from serving 17,000 pas- friendlier place to live. Through committed the world. She is also the first woman to serve sengers daily to more than 300,000. As the neighborhood watch, CNWP participants have on the boards of the Bernard Van Leer Foun- service added more patrons and more trains, proven that community involvement can make dation and the Van Leer Group Foundation in the need to communicate quickly and effec- a difference. the Netherlands. tively with the public and media took on added It is important to note that the CNWP has She also chaired the Council on Founda- significance. Reaching such a large and com- embraced neighborhood diversity. Participants tions board from 1994 to 1996. plex audience was at times a monumental have bridged culture and language gaps in the One of Marjorie’s most recent activities is task, but one to which Mike Healy never fal- name of collective security. By recognizing co-founding the local Chicago Global Donor tered. Indeed, his calm professionalism serves shared community values, the CNWP has fa- Network, which involves the local community as a model for public relations to countless cilitated improved understanding and relations in contributing to international humanitarian transit systems throughout the nation. between individuals from a variety of back- projects. He is most often remembered for his striking grounds. Marjorie continues to work hard to raise mil- performance during the 1989 Loma Prieta One of the greatest assets of the CNWP is lions of dollars a year for social change and earthquake. It was, as has been said, BART’s its ability to bring neighbors together. In that progress. She goes out of her way to include ‘‘shining hour.’’ BART was shown to be indis- spirit I am proud to recognize: Mr. Paul Cevey, donors in the fundraising process, making pensable to the region. When the Bay Bridge CNWP founder and Coordinator for the first 12 them active participants in each cause. failed, BART was there. And Mike Healy’s re- years; Mr. Dave Shonerd, his successor who Family has also been a priority to the Ben- assuring voice told an uncertain public that for the next 11 years continued to mold the tons. Their daughter, Adrianne Furniss, has BART would be there to help the Bay Area program into the great success it is today; and taken over running the local family business. move past the wide reaching natural disaster. Mr. Frank Vajda, who continues the great Their middle son, Craig, owns a recycling He was right. CNWP tradition. business in Ireland and is a strong advocate Mike Healy has contributed his energy to Years of CNWP success have merited sev- for environmental preservation. Their youngest serving the people in so many ways. He has eral notable accolades. The Fairfax County son Scott is in the landscaping business. They served on the Board of Directors of the Oak- Mason District Police Department has recog- are also the proud grandparents of four. land Visitors and Conventions Authority and nized the CNWP as one of the most effective Mr. Speaker, I join with the fifth district and has worked with the American Public Trans- crime reduction units in the county. The Vir- entire Chicago community in congratulating portation Association (APTA) as Chair of its ginia Crime Prevention Association has recog- my friends, Charles and Marjorie Benton on National Public Affairs and Community Rela- nized the CNWP as the Best Neighborhood receiving the 2004 Distinguished Grantmaker tions Committee. Watch in Virginia. Award, and wish them and her extended fam- It has been our great pleasure to have The CNWP is the oldest, continuously active ily, all the happiness in the future. worked with Mike Healy over the years on Neighborhood Watch in the United States. f transit issues affecting our great region. He This highly accomplished neighborhood pro- has been a supportive colleague and a good gram serves as an impressive model for other HONORING THE WINNERS OF THE friend. We wish him and his wife, Joan, best organizations across the nation. SIXTH ANNUAL ENERGY CHAL- wishes in their future endeavors together. Mr. Speaker, in closing, I would like to thank LENGE Mike Healy has made a singularly unique the Camelot Neighborhood Watch Program for and constructive impact upon the lives of 25 years of dedicated service to its commu- HON. MARK UDALL those who live, work, play in and visit the nity. Programs like the CNWP are vital in our OF COLORADO communities of the Bay Area. He has been an efforts to combat crime. I call upon my col- IN THE HOUSE OF REPRESENTATIVES invaluable servant to the public. It is with leagues to join me in applauding the CNWP’s Thursday, April 22, 2004 honor that we commend Mike Healy for his 32 past accomplishments and in wishing the pro- years of service and for his contribution in gram continued success in the many years to Mr. UDALL of Colorado. Mr. Speaker, today making travel easier for millions of people in come. I rise to honor the winners of the sixth annual Energy Challenge which took place April 4 at one of the most populous metropolitan areas f in America. Winter Park, Colorado. Fourteen teams of en- HONORING CHARLES AND gineering students from colleges and univer- f MARJORIE BENTON sities across the country competed for awards HONORING THE CAMELOT for designing, constructing and racing NEIGHBORHOOD WATCH PROGRAM HON. RAHM EMANUEL snowboards constructed entirely from paper. OF ILLINOIS The winning team was Miami University with a HON. TOM DAVIS IN THE HOUSE OF REPRESENTATIVES total score of 88.8. The team’s board meas- ured 83 percent paper fiber. OF VIRGINIA Thursday, April 22, 2004 IN THE HOUSE OF REPRESENTATIVES The Energy Challenge is sponsored by the Mr. EMANUEL. Mr. Speaker, I rise today to U.S. Department of Energy’s National Renew- Thursday, April 22, 2004 recognize Charles and Marjorie Benton for able Energy Laboratory, the American Forest Mr. TOM DAVIS of Virginia. Mr. Speaker, I their selfless commitment to our community. I and Paper Association, and Institute of Paper rise today to honor the Camelot Neighborhood am particularly proud to congratulate Charles Science and Technology at Georgia Tech. It is Watch Program (CNWP) of Fairfax County, and Marjorie for winning the 2004 Distin- designed to help the pulp and paper industry, Virginia. guished Grantmaker Award at the annual con- one of the most energy intensive industries in In the 25 years since its inception, the ference of the Council on Foundations. the U.S., reach the goal of creating an energy CNWP has achieved great success, helping After fifty years of marriage, Charles and efficient manufacturing process by the year lower the general crime rate in its community. Marjorie are both widely recognized as active 2020. As former Fairfax County Supervisor from the members of the community and continue to The contest rules required the snowboards Mason District, I can personally attest to the support and contribute to the many causes im- to be made of at least 80 percent paper fiber. program’s accomplishment. portant to them. Charles chairs the Benton The total score was based on factors such as The CNWP boasts the largest number of Foundation and Marjorie acts as a trustee. best snowboard performance, gross weight, volunteers in Northern Virginia. These volun- They are the first couple in the history of the materials composition, board volume, com- teers selflessly have committed themselves to Council on Foundations to be honored. pressive strength, aesthetics, novelty of de- informing local police of suspicious activities. Marjorie co-founded the Chicago Foundation sign, and written reports. The teams also par- While it is financially and logistically impos- for Woman, the Woman’s Issues Network and ticipated in a slalom race that included rollers sible to place a police officer on every street The Peace Museum. She has also served as and a rail slide. corner, the CNWP has provided Fairfax Coun- a delegate to the United Nations special ses- The winning Miami University team mem- ty with an effective alternative. CNWP volun- sions on disarmament in the 1970s and then bers included: Margaret Huseman, Den Van

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.035 E22PT1 E610 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 Lear, Colleen O’Donnell, Michael Loufman and TRIBUTE TO SENIOR CORPORAL Hans Christen married his childhood sweet- Joel Hahn. The team engineered their VERNA L. DURDEN heart Ruth. Three days later the Nazi’s in- snowboard with materials such as chemical vaded and occupied Norway. wood fiber, corrugated board and liner board. HON. MARTIN FROST While continuing his studies at the Nor- wegian Lutheran School of Theology, Hans They cleverly used a Formica finish, which OF TEXAS Christen opted to get involved with the Nor- has 75 percent paper content, on the bottom IN THE HOUSE OF REPRESENTATIVES of the board to improve its gliding ability on wegian Resistance. On October 26, 1942, the the snow. The second place winner was the Thursday, April 22, 2004 Nazi’s began gathering, arresting, and deport- Savannah College of Art and Design and Mr. FROST. Mr. Speaker, I rise today to ing Jews to German concentration camps. Pasadena City College finished third overall. commemorate Dallas Senior CPL Verna L. Disgusted with the inhumane Nazi philosophy The Congressional Ski and Snowboard Durden for her years of service and commit- and ideology, Hans Christen Mamen helped Caucus sees the Energy Challenge as a great ment to the Dallas community as a Dallas Po- Jews by guiding them to safety in Sweden. example of how public-private partnerships lice officer. After completing theology school, Hans can bring together ideas like energy efficiency, CPL Verna L. Durden, who retired last Christen Mamen was ordained and served a outdoor recreation and fitness in order to cre- month after 36 years of dedicated service, various parishes throughout Norway. In 1959, ate a more sustainable and healthy world. The began her career with the Dallas Police De- he and his family of five children moved to caucus is interested in promoting skiing and partment during an evolving era. She became Inwood, Iowa, as a part of his Lutheran ex- snowboarding to encourage fitness and create the second African American woman on the change. When Dr. Martin Luther King was an appreciation for the environment. The En- Dallas Police force in 1972, a time period awarded the Nobel Peace Price, Hans Chris- ergy Challenge demonstrates that through when women on the force were still required ten welcomed Dr. King on behalf of the Nor- greater use of renewable materials, we can to wear dresses and high heels. In 1979, she wegian Church. His meeting with Dr. King re- create jobs, protect the environment, and swore in Police Chief Glen D. King, becoming mains one of the most unforgettable memories make our nation more energy independent. the first woman in the nation to perform this of Hans Christen. Mr. Speaker, I urge my colleagues to join important duty. During her 36-year tenure, In recognition for his heroism, the State of me in congratulating these teams and hon- CPL Verna Durden swore in over 4,000 Dallas Israel in 2001 bestowed upon Hans Christen oring their creativity and innovation. police officers, earned 68 commendations, and Mamen—as the only Norwegian—honorary f received four certificates of merit. citizenship of Israel. He has also received sev- eral awards and medals for his courageous TRIBUTE TO LINCOLN UNIVERSITY Corporal Durden, who has fought her own personal battle with cancer, plans to continue deeds during the war. ON THE OCCASION OF THEIR Today, nearly 60 years after World War II, 150TH ANNIVERSARY serving her community through volunteer work with the American Cancer Society. CPL Verna Hans Christen is still going strong—deter- ´ Durden’s personal qualities and pioneering ca- mined to persevere. His unequivocal thirst for HON. JOSE E. SERRANO reer has set an example for young women knowledge has continued to increase through- OF NEW YORK throughout the Dallas community to follow. out his life. And as a result, he has remarkably IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I honor CPL Verna L. Durden contributed to more than 40 books and over Thursday, April 22, 2004 for her years of commitment and continuing 300 articles. Mr. SERRANO. Mr. Speaker, it is with great contributions to the Dallas community. Mr. Speaker, I ask my colleagues to join me in honoring a great humanitarian, who con- pleasure that I rise today to pay tribute to Lin- f coln University, a fine institution of higher tinues to inspire, guide, and lead by displaying learning that will celebrate its 150th anniver- TRIBUTE TO REVEREND HANS tremendous beliefs, compassion, and gen- sary on May 6, 2004. CHRISTEN MAMEN erosity for his fellow human brethren. Lincoln University was established in Penn- f sylvania in 1854 as the nation’s first Histori- HON. TOM LANTOS RECOGNITION OF NATIONAL cally Black College and University (HBCU). OF CALIFORNIA MINORITY CANCER AWARENESS During its first 100 years of existence, Lincoln IN THE HOUSE OF REPRESENTATIVES graduated twenty percent of America’s African Thursday, April 22, 2004 HON. TAMMY BALDWIN American physicians and more than ten per- Mr. LANTOS. Mr. Speaker, I rise today to OF WISCONSIN cent of the country’s African American attor- IN THE HOUSE OF REPRESENTATIVES neys. Currently, Lincoln is one of the nation’s honor Reverend Hans Christen Mamen, an largest producers of African Americans with extraordinary and remarkable individual, who Thursday, April 22, 2004 baccalaureate degrees in the physical turned 85 on April 20th, and whose courage, Ms. BALDWIN. Mr. Speaker, I rise today to sciences, computer and information sciences, humanity and unselfishness saved Jews dur- ask my colleagues to join me in recognizing and biological and life sciences. ing the Nazi occupation of Norway during the week of April 18–24, 2004 as National Mi- Lincoln University has produced top leaders World War II. Risking his own life, Reverend nority Cancer Awareness Week. This national who have gone on to make major contribu- Mamen guided Jews and other refugees into campaign, initiated by Congress in 1987, tions in the civil rights movement, the inde- safety to Sweden. seeks to heighten awareness of the unequal pendence movements in Africa and the global Reverend Mamen’s life reads like a story- cancer burden borne by racial and ethnic mi- information society. Among the more visible book. Born in 1919 on a small farm in nority populations and other medically under- graduates of Lincoln are: Supreme Court Jus- Vogelland, outside of Oslo, Norway, he was served communities. tice Thurgood Marshall ’30; poet and play- the sixth of eight children. His parents, Hans Despite all the progress that has been made wright Langston Hughes ’29; the first president Christen and Marie Louise, raised him and his in the battle against cancer, a disproportionate of Ghana, Kwame Nkrumah ’39; and the first siblings with strong Christian values and a burden of cancer continues to fall on specific African American female rear admiral in the profound respect for others. At the tender age populations. African Americans have the high- U.S. Navy, Lillian Fishburne ’71. of 13, he decided to study theology—in hopes est death rate for all cancers. Cancer is the Lincoln University also has the unique dis- of becoming a priest. In 1939, he started his leading cause of death for Asian American tinction of having graduates who went on to studies at the Norwegian Lutheran School of women. And even when controlling for income found U.S or Foreign Universities. The list of Theology (‘‘Menighets Fakultetet’’). level, African American, American Indian, universities include South Carolina State Uni- Sorrowfully, in 1939, dark clouds began en- Alaska native, Asian American, and Pacific Is- versity; Livingston College (North Carolina); casing Europe. Hitler, elected to office in lander men have a lower 5–year survival rate Albany State University (Georgia) and Texas 1933, unveiled his true identity when German than non-Hispanic white males. Southern University. forces first moved into Rhineland (1936), and In my state of Wisconsin in 2003, 25,800 Mr. Speaker, this remarkable institution of then occupied Czechoslovakia (1939). Shortly new cancer cases were diagnosed and 10,800 higher learning has helped develop some of thereafter, the Soviet Union invaded Finland. people in my community died from cancer. the best minds in the world. Their commitment Hans Christen, who was 20 at the time, felt it Once these statistics are analyzed, I believe to excellence in education is to be com- was his duty and obligation to do something. we will find that a disproportionately high bur- mended. For this reason, I ask that my col- He volunteered for the Norwegian Red Cross, den of these cancer deaths will be borne by leagues join me in honoring this fine institution serving as an ambulance driver in Finland. On minority populations. The future health of Wis- on the occasion of its 150th anniversary. April 6th, just weeks after returning to Norway, consin—and of America as a whole—depends

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.039 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E611 on our success in improving the health of mi- economy by producing thousands of new, HONORING LANE TECH HIGH nority and other medically underserved popu- good paying jobs. Unfortunately, this year’s SCHOOL lations. version of this important legislation is being I am a proud cosponsor of H.R. 918, the held up over ideological issues that have noth- HON. RAHM EMANUEL Patient Navigator, Outreach, and Chronic Pre- ing to do with cleaning up the environment or OF ILLINOIS vention Act. This legislation would set up pa- providing future Americans and our habitats IN THE HOUSE OF REPRESENTATIVES tient navigator systems, which would provide with clean, safe water. Thursday, April 22, 2004 patients with a trained navigator ‘‘buddy’’ from I call on my colleagues this Earth Day to re- their own community, who speaks their own flect on the importance of water in our daily Mr. EMANUEL. Mr. Speaker, I rise to con- language, and who will act as their advocate lives and provide the infrastructure that makes gratulate Lane Tech High School of Chicago in navigating the health care system. This pro- clean water possible with funding that it re- for its achievement on winning the third place gram would do wonders to increase aware- quires. title in the citywide Academic Decathlon and ness of programs and services in minority the fourth place position at the Illinois Aca- communities, and provide an opportunity to f demic Decathlon competition on March 13, empower impacted communities in the fight 2004. against cancer. COMMEMORATING THE 50TH ANNI- The Academic Decathlon is a team competi- By passing legislation like H.R. 918 and VERSARY OF THE MOUNT tion wherein students are tested through a di- lending support to National Minority Cancer VERNON-LEE CHAMBER OF COM- verse group of scholastic categories including: Awareness Week, we can reduce and ulti- MERCE art, economics, essay interview, language and mately eliminate the disparate burden of can- literature, mathematics, music science, social cer and other diseases on minority and medi- science and speech. cally underserved communities. I urge my col- HON. TOM DAVIS With up to nine members from each team leagues to support both of these important ini- OF VIRGINIA competing in all ten events of the decathlon tiatives. and representing a diversity of scholastic apti- IN THE HOUSE OF REPRESENTATIVES f tude, the true spirit of this year’s ‘‘America: Thursday, April 22, 2004 The Growth of a Nation’’ theme has been ad- CLEAN WATER ON EARTH DAY vanced. Mr. TOM DAVIS of Virginia. Mr. Speaker, The decathlon, which was first created by HON. ELLEN O. TAUSCHER Mr. MORAN and I rise today to commemorate Dr. Robert Peterson, has helped maximize the the 50th anniversary of the Mount Vernon-Lee OF CALIFORNIA learning potential of young minds through Chamber of Commerce (MVLCC) located in IN THE HOUSE OF REPRESENTATIVES competitive challenge. Lane Tech High School Fairfax County, Virginia. Thursday, April 22, 2004 has demonstrated its ability to shine among Since 1954, the MVLCC has provided dedi- the best and brightest of Chicago’s academic Mrs. TAUSCHER. Mr. Speaker, I rise this cated service to southeast Fairfax County, community. afternoon to recognize Earth Day and discuss working tirelessly to promote business devel- As finalists in the citywide Academic De- the clean water challenges facing America. opment and success. The chamber has effec- cathlon, the nine students from Lane Tech Over the last three decades our nation has tively created an environment in which both High School went on to compete in the Illinois made significant progress in addressing the well-established and new businesses can Academic Decathlon, participating in the pollution of lakes, streams, rivers and estu- thrive. With regard to public policy, the semifinals of one of the most prestigious high aries. However, these crucial gains in water MVLCC has powerfully advocated local busi- school academic competitions in the United quality are in jeopardy of being lost. The ness priorities, working with local, state, and States. wastewater treatment facilities that have been federal officials on economic, transportation, I commend each of our Lane Tech competi- the cornerstone of the Clean Water Act’s suc- and public safety issues. tors: Carlos Becerril, Moiz Bhai, Rosa Alamo, cess are now in need of critical upgrades and In addition, the MVLCC plays an active role Jennifer Brown, Jason Thomas, Kristin Stein, the resources for this environmental impera- in local tourism, providing helpful information Abdulmajid Umer, Linda Ta, Xenia Basarab, tive are no where to be found. on hotels, restaurants, and points of interests Dessislavia Harizanova, Sheraz Khan, Lenny The Government Accounting Office, the En- to visitors in the area. Recently, the chamber Soez Ocasio and Peter Porok. vironmental Protection Agency and the Water contributed greatly to the community-based ef- Reaching this level of competition is a tre- Infrastructure Network have all found a waste- forts responsible for bringing the National Mu- mendous achievement and deserves special water infrastructure funding gap in excess of seum of the United States Army to Fort recognition. Lane Tech students set the stand- $500 billion, over the next 20 years. These as- Belvoir, Virginia. ard for scholastic excellence that the Aca- sessments come at a time when we continue Over the years, the MVLCC has dem- demic Decathlon seeks to attain. to reduce the federal commitment to clean onstrated great commitment to the entire Mt. Mr. Speaker, I join with all residents of the water infrastructure. The FY 2005 Administra- Vernon-Lee area. Having recognized the im- Fifth Congressional District of Illinois in con- tion budget calls for less than $2 billion in fed- portance of education to a strong community, gratulating Lane Tech High School on its eral investment for both wastewater and drink- the MVLCC grants scholarships to six grad- achievement. I wish the Academic Decathlon ing water infrastructure. This declining invest- uating high school students each year. The winners the best of luck and continued suc- ment in America’s clean water comes at a MVLCC and its members run a weekly Meals cess as their education continues. I am very time when we are providing nearly $4 billion to on Wheels delivery route to provide warm and proud of these young and future leaders of to- Iraq for water infrastructure. morrow. It is my privilege to represent them in The time has come for our nation to rededi- friendly meals to home-bound members of the community. the U.S. Congress. cate itself to the importance of clean water f and the infrastructure which makes it possible. Since its inception in 1954, the MVLCC has It is time for Congress and the Administration proven an invaluable asset to the Mt. Vernon- TRIBUTE TO COOPERATION IN to give serious consideration to making signifi- Lee community, helping make southeastern RESTORATION OF DAMAGED cant new investments in clean water infra- Fairfax County a great place to live, learn, PUBLIC LANDS structure. We have dedicated funding sources work, do business, and visit. We greatly ap- to support our highway, aviation, and naviga- preciate the chamber’s notable contributions to HON. MARK UDALL Northern Virginia. tion infrastructure and it is now incumbent OF COLORADO upon us to find similar funding support our na- Mr. Speaker, in closing, we would like to IN THE HOUSE OF REPRESENTATIVES tion’s most critical infrastructure—water infra- commend and congratulate the MVLCC on structure. fifty years of success. They have served the Thursday, April 22, 2004 Mr. Speaker, I have introduced legislation to interests of both their members and their com- Mr. UDALL of Colorado. Mr. Speaker, the reauthorize the Clean Water State Revolving munity well, truly meriting recognition. We call public lands are the property of all the Amer- Fund in the last three Congresses that would upon our colleagues to join us in applauding ican people, and we all have a stake in their increase the federal investment in clean water the MVLCC’s past accomplishments and in condition. That’s why it’s encouraging to see infrastructure ten-fold. This investment would wishing the chamber continued success in the various groups working together to remedy help clean our environment and help our many years to come. problems on those lands.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.042 E22PT1 E612 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 Just last week, for example, members of the Elyse Leon, a remarkable woman who has respect and praise as a national model for all Longmont-based Trailridge Runners Four- dedicated the past three years of her life to public hospitals around the country. Wheel Drive Club joined Sierra Clubbers, the restoration of the Bronx River, which is As a devoted doctor, Dr. Anderson strives to other environmentalists, and U.S. Forest Serv- vital to my congressional district. improve the quality of care every patient re- ice employees to help restore a degraded Elyse began working for the restoration of ceives when they go to Parkland Hospital. meadow in the Lefthand Canyon area of the the Bronx River on March 21, 2001, while a Through his tireless efforts to revolutionize Arapaho-Roosevelt National Forest, in Colo- student at New York University. After grad- Parkland Hospital in Dallas, and his passion rado. Volunteers helped grade and reseed uating with a double major in Spanish and for medicine, Dr. Anderson is well deserving of areas of the meadow that have been eroded Psychology, she became a full time Bronx the American Hospital Association’s 2004 by four-wheeling activities. The impetus for River Outreach Coordinator for the New York Award of Honor. He deserves special recogni- this was a $250,000 grant procured by the City Department of Parks and Recreation and tion and praise for his direction and hard work. four-wheel group. the Bronx River Alliance. Elyse has been an Mr. Speaker, I am pleased to congratulate Their efforts drew the attention of the Daily outstanding ambassador for the Bronx River. Dr. Anderson on his prestigious award and his Camera in Boulder, which praised them in an Working with residents, colleagues and more significant accomplishment. Parkland Health & editorial that rightly noted the ‘‘The land than 70 partner organizations of the Bronx Hospital System in Dallas has greatly bene- doesn’t care if we’re Democrats or Repub- River Alliance, as well as with the board, fited from the dedication and leadership skills licans, recreationalists or preservationists, bird teams and staff of the Alliance, Elyse has Dr. Anderson has shown as president and watchers or mountain bikers. And no matter found multiple ways to involve people in the CEO. I know my colleagues will join me today how gingerly we tread, all who use public Bronx River renaissance, whether by planting, in honoring Dr. Anderson, as we wish him lands contribute to the impacts. And coming cleaning, biking, paddling, walking, planning or continued success in his future endeavors. together to help heal the land beats pointing dancing. In all of these activities and more, f fingers any day.’’ Elyse has a talent for making people feel wel- I join in congratulating this exemplary coop- come. A TRIBUTE TO TRYGVE LIE erative effort. For the benefit of our col- For three years Elyse has successfully orga- leagues, I am attaching the full text of the nized two very important annual events; the HON. TOM LANTOS Camera’s editorial. Bronx River Flotilla and the Golden Ball Cele- OF CALIFORNIA [From the Boulder, Colorado Daily Camera, bration. These two events, which I have at- IN THE HOUSE OF REPRESENTATIVES Apr. 21, 2004] tended, draw a large number of supporters to Thursday, April 22, 2004 SEEDS OF COOPERATION the river to celebrate its restoration. In addi- LAND IS THE BENEFICIARY OF VOLUNTEER tion, Elyse could be found at innumerable Mr. LANTOS. Mr. Speaker, I rise today to EFFORTS community meetings, outdoor events, and pay tribute to Mr. Trygve Lie, the first Sec- Especially when budgets are tight at the Bronx River Alliance gatherings, encouraging retary General of the United Nations. Mr. Lie local, state and federal levels, our public people to get involved with the Bronx River was more than an outstanding citizen of Nor- lands can use all the help they can get. and its greenway. She also produced a bi- way and public official, he was truly the bea- So it’s nice to know that volunteers are so weekly e-mail newsletter and other publica- con of light and bedrock of peace for which often willing to invest their own sweat, time the world yearned in the aftermath of World and scraped knuckles in personal steward- tions, such as the recent Safety Guide to ship when public money isn’t there. They River Park, which reached thousands of peo- War II. can’t fill all the gaps, but every bit helps. ple. Trygve Lie was born in Oslo, Norway on And it’s even better when disparate Mr. Speaker, the restoration of the Bronx July 16, 1896. After being elected a local groups—even antagonists—can all agree that River has been one my top priorities as a Labor Party president at the age of 16, Lie’s whatever their differences, it’s the land that Member of both the New York Assembly and course in politics was set. Following his grad- matters. That was the case Saturday, when the U.S. House of Representatives. Rejuve- uation from the Oslo University Law School in members of the Longmont-based Trailridge nating its greenway and corridor will provide 1919, he was appointed Administration Sec- Runners Four-Wheel Drive Club joined Si- retary for the Norwegian Labor Party. He sub- erra Clubbers, other environmentalists, and recreational, educational and economic re- U.S. Forest Service employees to help re- sources for the communities through which the sequently became a legal advisor to the Trade store a degraded meadow in Lefthand Can- river flows. Such an important project could Union Federations, where Lie honed his skills yon. not have been undertaken without the partici- at conflict resolution and negotiation. The impetus for this laudable cooperation pation of dedicated and resourceful individuals Trygve Lie’s distinguished career in govern- was a $250,000 grant procured by the four- like Elyse Leon. ment saw him appointed to several different wheel group. Volunteers helped grade and re- I ask that my colleagues join me in honoring ministerial positions, but none more career de- seed areas of the meadow that have been fining than his time spent as Minister of For- eroded by four-wheeling activities. Ms. Elyse Leon for her years of service as Groups that often come under fire for most Outreach Coordinator for the Bronx River Alli- eign Affairs. After the German invasion of Nor- environmental degradation—though the cul- ance and in wishing her well in all her future way, Mr. Lie’s triumph in saving his country’s prits are usually a small minority—increas- endeavors. merchant fleet led to his appointment as For- ingly recognize the value of reaching out and f eign Affairs Minister while the Norwegian gov- caring for the land. In this case, it’s four- ernment fled to England. This position would wheelers, but on Boulder Open Space, dog ad- CONGRATULATING DR. RON prove to be a seminal moment in Lie’s career, vocates routinely hold mass poop baggings, ANDERSON and would elevate his profile internationally. and a group of trail runners last fall pitched As Norway’s Foreign Minister, Lie was an in a remarkable 180 hours of trail work in ex- change for permission to hold a grueling race HON. MARTIN FROST outspoken advocate of international coopera- up Mt. Sanitas. OF TEXAS tion and a more level political playing field, The land doesn’t care if we’re Democrats IN THE HOUSE OF REPRESENTATIVES while remaining acutely aware of the respon- or Republicans, recreationalists or preserva- sibilities inherent to the then-current world tionists, bird watchers or mountain bikers. Thursday, April 22, 2004 powers. And no matter how gingerly we tread, all Mr. FROST. Mr. Speaker, I rise today to Mr. Lie attended the U.N. Conference on who use public lands contribute to the im- congratulate Dr. Ron Anderson, president and International Organizations as Head of the pacts. And coming together to help heal the chief executive officer of Parkland Health & Norwegian Delegation in April of 1945, where land beats pointing fingers any day. Hospital System in Dallas, Texas, for receiving he also served as Chairman of Commission f the American Hospital Association’s 2004 III, which was responsible for drafting the Se- TRIBUTE TO ELYSE LEON Award of Honor. curity Council provisions of the U.N. Charter. During his tenure with Parkland Hospital in Lie’s diplomatic skills and shining abilities as HON. JOSE´ E. SERRANO Dallas, Dr. Anderson has displayed out- an expert negotiator led to his near-unanimous OF NEW YORK standing leadership capabilities through his election as the first Secretary-General of the exemplary efforts to serve the health care IN THE HOUSE OF REPRESENTATIVES United Nations in February 1946. needs of a densely populated city. As a result In his new position, Trygve Lie faced the Thursday, April 22, 2004 of Dr. Anderson’s dedication and strong com- unenviable task of uniting a world that had Mr. SERRANO. Mr. Speaker, it is with great mitment to improving health policies and social been torn apart by the destruction, devasta- pleasure that I rise today to pay tribute to Ms. initiatives, Parkland Hospital has gained the tion, and hatred of World War II. Despite the

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.046 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E613 onset of the Cold War and innumerable other City Area Public Library in Ellwood City, Penn- Mr. Speaker, I am honored to be able to set-backs, Mr. Lie held true to his beliefs in sylvania for their week long celebration com- thank the soldiers of the 432nd Civil Affairs the U.N. Charter, the need for peace, and the memorating their 90th anniversary starting Battalion on behalf of myself, my family, the importance of building a new world order. April 26, 2004. It is an honor to represent such state of Wisconsin and the people of a grateful Though his new position granted him a great a steadfast facility within the Fourth Congres- nation. It is my distinct pleasure and privilege deal of oversight and authority, Lie’s vision of sional District of Pennsylvania. to serve them and their families in Congress. the U.N. remained one of a body that would For the past nine decades the Ellwood City They, along with all our servicemen and primarily act as a mediator for the world’s con- Area Public Library has provided the residents women, deserve our continued praise, support flict and friction. of Ellwood City with a useful, high-quality insti- and gratitude. They are our genuine heroes. During his time as U.N. Secretary-General, tute. The success of the library is often attrib- Trygve Lie established his post as one of uted to its ability to constantly adapt to the f honor and dignity that held an internationally changing times—always providing the citizens recognized sphere of influence. His rise to the of Ellwood City with the most up-to-date re- TRIBUTE TO RABBI MICHAEL top position in the U.N. illustrated as much sources available. Now the Ellwood City Area MELCHIOR about Lie’s professionalism and diplomacy as Public Library offers over 45,000 items, rang- did his decision to step down in April 1953. ing from large-print books and magazines to HON. TOM LANTOS audio and videotapes. Furthermore, the library Upon realization that his departure could bet- OF CALIFORNIA ter facilitate peace in Korea and therefore help offers computers for free public internet ac- IN THE HOUSE OF REPRESENTATIVES restore international harmony, he graciously cess and a variety of children’s programming. offered his resignation. His sacrifice for the The 90th anniversary celebration is not only a Thursday, April 22, 2004 festival to celebrate all the past accomplish- greater good is seldom seen. Trygve Lie was Mr. LANTOS. Mr. Speaker, I invite my col- ments of the library but also to focus on the an outstanding contributor to his native Nor- leagues to join me today in paying tribute to success that are sure to come in the future. way and to the international community at Rabbi Michael Melchior, a distinguished mem- large. His success in transitioning the global I ask that all of my colleagues in the House of Representatives join me in honoring this in- ber of the Knesset. Rabbi Michael Melchior society away from a period of seemingly irrep- was born in 1954 in Denmark. He received his arable damage created a legacy of peace and stitution in my district. The Ellwood City Area Public library has provided an invaluable serv- rabbinical ordination from Yeshivat Hakotel in hope that should be both commended and Jerusalem. Rabbi Melchior comes from a long emulated. ice to the community for 90 years and, un- doubtedly, the next 90 years will be just as line of Scandinavian rabbis, and has served f successful. as rabbi of a Jerusalem congregation since 1986. He also has held the title of Chief Rabbi COMMEMORATING THE 25TH ANNI- f VERSARY OF THE TAIWAN RELA- of Norway since 1980. TIONS ACT HONORING THE 432ND CIVIL Since 1996, Rabbi Melchior has been the AFFAIRS BATTALION chairman of Meimad, a modern-Orthodox HON. DENNIS MOORE party, which in 1999 became a faction of One Israel. He was elected to the Knesset in May OF KANSAS HON. MARK GREEN OF WISCONSIN 1999. From August 1999 until March 2001, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Melchior served as Minister in the Office of the Thursday, April 22, 2004 Thursday, April 22, 2004 Prime Minister, responsible for Diaspora and Mr. MOORE. Mr. Speaker, twenty-five years social affairs. Michael Melchior served as Dep- Mr. GREEN of Wisconsin. Mr. Speaker, it is ago this April the Taiwan Relations Act was uty Minister of Foreign Affairs from March my honor and pleasure to recognize before signed into law. For the last quarter of a cen- 2001 until October 2002. this House the brave members of the 432nd tury, there has been relative peace and tran- Rabbi Melchior has a passionate interest in Civil Affairs Battalion, who today return home quility in the Taiwan Strait—thanks in large the improvement of Israeli society. To this from a 14–month deployment overseas. part to the enactment of the Taiwan Relations Northeastern Wisconsin is often called ‘‘the end, he established many programs that deal Act, which spells out the extent of our commit- land of legends’’ for our fabled football team— with the narrowing of gaps in the society be- ment to Taiwan in the event of an armed inva- the Green Bay Packers. The gridiron leader- tween rich and poor, Arab and Jew, secular sion from the People’s Republic of China ship of men like Vince Lombardi, Curly and religious. Rabbi Melchior has eloquently against Taiwan. Lambeau and Ray Nitschke helped make advocated for an Israel that allows Israelis to Today the people of Taiwan enjoy freedom Green Bay synonymous with strength, cour- feel a strong sense of Jewish identity without and prosperity. In the years ahead, I am con- age and triumph. But, it’s not our heroes of pressure or coercion. He has won appreciation fident that the relationship between the U.S. the playing field that make our area truly leg- both in Israel and abroad for his tireless work and Taiwan will only grow stronger as we con- endary—it’s the men and women in uniform for tolerance, democracy and peace. Further- tinue to build on common principles, including who put their lives on the line to defend free- more, he is universally recognized, from the freedom, democracy and human rights. Israeli Knesset to the international stage, as a On the eve of the 25th anniversary of the dom. Under the most dangerous conditions, the figure of vision, conciliation, and peace. TRA, I commend the foresight and wisdom of brave troops of the 432nd served 14 intense Mr. Speaker, Rabbi Melchior was part of a my colleagues and former colleagues in Con- months overseas, striving to rebuild an Iraq very unique group of religious leaders at a gress for having written this landmark piece of ravaged by tyranny, war and strife. They summit meeting in Alexandria, in January legislation, which has benefited both the peo- fought to rebuild schools, reactivate power 2002, which resulted in the historic Alexandria ple of Taiwan and people of the United States. grids, train police, and so much more. They Declaration and initiated the Alexandria proc- Today I urge my colleagues to join me in cele- knew well that all their hard work and they ess, in which mainstream religious leaders of brating the strong tradition of cooperation and themselves were under constant threat of at- the Holy Land gave legitimacy for the first time friendship between the United States and Tai- tack. But, because of their commitment and to a religiously authorized peace process. wan. I look forward to the continuation of a re- unwavering devotion to the cause of freedom, Over the past 2 years the Alexandria process lationship that will last for the next twenty-five this nation reborn can continue to move to- has created positive waves in Israel, Pal- years and beyond. ward a brighter, more peaceful future. estine, and throughout the entire Arab world. f Our war in Iraq is obviously not finished. Among Rabbi Melchior’s many awards are CONGRATULATE ELLWOOD CITY But, even with the ongoing challenges, Ameri- the Norwegian Nobel Institute’s Prize for Tol- AREA PUBLIC LIBRARY cans can take comfort in the fact that some of erance and Bridge-Building, and Yeshivat our finest countrymen carry the torch of liberty Hakotel’s Award for Work in the Diaspora HON. MELISSA A. HART in Iraq. The proud men and women of the Rabbinate. Rabbi Melchior has written numer- 432nd carried this torch for 14 months, trav- ous articles published in the Israeli and foreign OF PENNSYLVANIA eling far from here and from their loved ones, press. IN THE HOUSE OF REPRESENTATIVES putting their lives on hold to fight for democ- Mr. Speaker, Rabbi Melchior’s passionate Thursday, April 22, 2004 racy and freedom. Today, they are home with commitment to a comprehensive and lasting Ms. HART. Mr. Speaker, I would like to take us again, and my constituents and I couldn’t peace reveals true leadership and I urge my this opportunity to congratulate the Ellwood be happier. colleagues to join me in honoring him today.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K22AP8.002 E22PT1 E614 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 COMMEMORATION OF THE 34TH RECOGNIZING NATIONAL PRIMARY It is my honor to represent a constituent EARTH DAY IMMUNE DEFICIENCY DISEASES whose leadership helps ensure the continued AWARENESS WEEK mobility and independence of our citizens through the delivery of medically necessary HON. JERRY F. COSTELLO HON. WILLIAM L. JENKINS and appropriate foot and ankle care. OF TENNESSEE OF ILLINOIS f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO DR. C. DOUGLAS Thursday, April 22, 2004 PARKS Thursday, April 22, 2004 Mr. JENKINS. Mr. Speaker, I rise today to ask my colleagues to join me in recognizing HON. MARK STEVEN KIRK Mr. COSTELLO. Mr. Speaker, today the the week of April 19th as National Primary Im- OF ILLINOIS United States commemorates the 34th Earth mune Deficiency Diseases Awareness Week. IN THE HOUSE OF REPRESENTATIVES Day. In celebration of the Nation’s commit- Primary immune deficiency diseases (PIDD) ment to a healthy environment, I urge my col- are genetic disorders in which part of the Thursday, April 22, 2004 leagues to devote sufficient resources and at- body’s immune system is missing or does not Mr. KIRK. Mr. Speaker, I would like to con- tention to providing safe and clean water for function properly. The World Health Organiza- gratulate Dr. C. Douglas Parks on his retire- all Americans. The Congress must expand its tion recognizes more than 150 primary im- ment from the Aptaskistic-Tripp School District efforts to provide communities with the re- mune diseases which affect as many as 102 in Buffalo Grove, Illinois. After thirteen sources and tools necessary to meet our enor- 50,000 people in the United States. years as Superintendent and nearly forty mous clean water challenges. I ask Members I am familiar with primary immune defi- years in public education, Dr. Parks is retiring, to join me in making an Earth Day commit- ciencies because of a young man in my dis- committed in both belief and practice to that trict, Matt Seals, who was born with an ex- ment to support significant, long-term, sustain- idea that all children can learn. The vision and tremely rare PIDD called X-linked Agamma- leadership he has provided ensure that School able funding for our Nation’s water and waste- globulinemia (XLA), a genetic disorder that water infrastructure. District 102 is and will continue to be a world prevents his body from producing B-cell anti- class learning environment. This Nation has realized significant environ- bodies that protect him from infections. Matt During Dr. Parks’ tenure, he worked to ex- mental improvements over the last three dec- experienced difficulty and delay in diagnosis of pand opportunities for learning for all children, ades. Yet, the United States Environmental his primary immune deficiency disease. De- believing that every student should have a Protection Agency (EPA) reports that some 40 spite the recent progress in PIDD research, supportive environment, every student should percent of our Nation’s assessed lakes, rivers, the average length of time between the onset be involved both individually and collectively in streams, and estuaries are still too impaired of symptoms in a patient and a definitive diag- learning, and that every student can be em- for their designated uses such as fishing, nosis is 9.2 years. powered through learning. He has remained Those who remain undiagnosed may suffer swimming, or as a drinking water supply committed to developing a foundation of re- repeated and serious infections and possibly source. Discharges from aging and failing spect, pursuit of excellence, accountability, irreversible damage to internal organs. That is fairness, trustworthiness and honesty in his sewage systems, urban storm water and other why it is critical to raise awareness about sources continue to pose serious threats to district. Besides applying these principles to these illnesses with the general public and academics, he is also committed to improving our Nation’s waters, endangering not only health care community. I want to commend the quality of life for his students, because he public health, but also the fishing and recre- the Immune Deficiency Foundation for its lead- believes that the learning environment has no ation industries. ership in the areas of education and support, boundaries. Population growth and development place and I am proud to join them in recognizing the I would like to extend my thanks to Dr. additional stress on the Nation’s water infra- week of April 19th as National Primary Im- Parks for being such a positive influence in structure and its ability to sustain hard-won mune Deficiency Diseases Awareness Week. District 102, and wish him all the best in his water quality gains. EPA itself stated that with- f future endeavors. out significant new investment in wastewater TRIBUTE TO DR. JERAULD D. f infrastructure, the gains of the past 30 years FERRITTO, JR. TRIBUTE TO MRS. LYNDON will be lost. Maintaining clean, safe water re- JOHNSON mains one of our greatest national and global HON. DEBORAH PRYCE challenges and responsibilities. OF OHIO IN THE HOUSE OF REPRESENTATIVES HON. MARTIN FROST EPA’s Clean Water and Drinking Water In- OF TEXAS Thursday, April 22, 2004 frastructure Gap Analysis found that there is a IN THE HOUSE OF REPRESENTATIVES gap in excess of $400 billion between current Ms. PRYCE of Ohio. Mr. Speaker, I rise Thursday, April 22, 2004 spending and projected needs for water and today to extend my congratulations to Dr. wastewater infrastructure over the next 20 Jerauld D. Ferritto, Jr., a successful and re- Mr. FROST. Mr. Speaker, I rise today to years. It is critical that the Federal government spected podiatrist from my district, upon the honor Mrs. Lyndon ‘‘Lady Bird’’ Johnson, do its part in partnership with state and local completion of his tenure as President of the Texas’ first First Lady, who has impacted the lives of many with her selfless contributions. governments in order to avert the pending American Podiatric Medical Association. Mrs. Lady Bird Johnson has created a living water infrastructure crisis. That is why the Following in the footsteps of his father, Dr. Ferritto began his podiatric career at the Ohio legacy through her tireless efforts throughout Committee on Transportation and Infrastruc- College of Podiatric Medicine, Cleveland, her lifetime. During her years in the White ture supports expanded funding for addressing Ohio, in 1972. In 1977 he established a prac- House, Mrs. Johnson was an important advi- water quality needs. tice in Grove City, Ohio. sor to her husband, and a passionate advo- Unfortunately, the current Administration Dr. Ferritto’s unwavering integrity, trail- cate for numerous causes. She served as seeks to reduce the Federal commitment to blazing spirit, and energetic quest to expand honorary chairman of the National Head Start water and wastewater infrastructure. The recognition for the field of podiatric medicine Program. She also devoted her time as First President’s budget for fiscal year 2005 cuts serve as a role model for countless young Lady advancing the cause of women in gov- funding by $815 million, even as the need for practitioners of that fine profession. His cre- ernment, holding special luncheons for women funding increases. The cuts are indefensible, dentials include Board Certification by the of achievement, and suggesting women for and imperil the Nation’s ability to maintain American Board of Podiatric Surgery and by top official posts. water quality, let alone improve it. the American Board of Podiatric Orthopedics While in Washington, she promoted the and Primary Podiatric Medicine. He is gen- growth and protection of the country’s national In celebration of this Earth Day, I encourage erous in his giving, and has served the profes- parks, and the planting of wildflowers on the all Members of the House to support legisla- sion in a myriad of ways, including tenure on nation’s highways. Upon returning to Texas, tion aimed at investing in the improvement of the Council on Podiatric Medical Education she established the National Wildflower Re- water quality in our Nation’s lakes, rivers, and Medicare’s Region V Carrier Advisory search Center in Austin. In 1998, its name streams and estuaries. Committee. was changed to ‘‘The Lady Bird Johnson

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.052 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E615 Wildflower Research Center,’’ as a tribute to her, her husband Ron, and all of her family, sympathetic to Sutyagin’s work with for- her ardent devotion to the preservation of the my heartfelt congratulations on this day. eigners, confirmed that he did not have ac- nation’s wildlife. In honor of her many con- f cess to classified information. Sutyagin was tributions to society Mrs. Johnson has re- paid for newspaper clippings, he told the ceived the Presidential Medal of Freedom, the THE CASE OF IGOR SUTYAGIN press. Moreover, it is instructive that even highest civilian award from the United States. Sutyagin’s detractors in the security services, Mrs. Lady Bird Johnson is soon to be hon- HON. CHRISTOPHER H. SMITH as quoted in the media after the trial, did not ored by the Bluebonnet Trails Community OF NEW JERSEY claim that he possessed or passed to foreign Mental Health and Mental Retardation Center IN THE HOUSE OF REPRESENTATIVES sources classified material. His only crime, in for her assistance in the public health sector. Thursday, April 22, 2004 the words of the former U.S. Defense Attache Her passionate support for the passage of the in Russia, was that ‘‘he had a passion for na- , the legislation cre- Mr. SMITH of New Jersey. Mr. Speaker, I vies and he liked to talk to foreigners.’’ ating Medicare and Medicaid, and the Com- draw to the attention of my colleagues the Mr. Speaker, as Chairman of the Helsinki munity Health Centers Act of 1965 created a plight of Russian scientist Dr. Igor Sutyagin. Commission, I have watched Russia move solid foundation for our nation’s public health On April 5th of this year, he was convicted of from an authoritarian police state under com- system. espionage by a closed court and sentenced to munist rule to a sovereign nation with demo- Mr. Speaker, I honor Mrs. Lady Bird John- 15 years of labor camp. Sutyagin’s attorneys cratically elected leadership and many of the son for her years of commitment and con- have filed an appeal with the Russian Su- civil liberties that we in our country take for tinuing contributions to people, places and be- preme Court. granted. I have encouraged these positive liefs of this nation. As part of project initiated in 1997, Dr. trends and have been encouraged by them. f Sutyagin was commissioned by the Institute of But the Sutyagin case is a sobering reminder USA and Canada Studies, a prominent think that the free flow of information, a principle en- TRIBUTE TO PEGGY A. tank in Moscow, to conduct research on civil- coded in many international agreements, re- DZIERZAWSKI ian-military relations in Russia and eleven mains vulnerable to the whims of the security other Eastern European countries. As de- apparatus in today’s Russia. HON. JOE KNOLLENBERG scribed by its initiators, this project was de- I hope the Russian Supreme Court will re- OF MICHIGAN signed to provide the new post-Soviet democ- view this case with the utmost care. IN THE HOUSE OF REPRESENTATIVES racies with Western expertise in military re- f form and to help civilian governments gain Thursday, April 22, 2004 oversight over their militaries. The research REMEMBERING THE ARMENIAN Mr. KNOLLENBERG. Mr. Speaker, today I was conducted through interviews with military GENOCIDE commend Peggy A. Dzierzawski of Troy, and civilian government officials and was sup- Michigan, on the occasion of her thirty year plemented by open sources such as news- HON. BARBARA LEE anniversary in the accounting profession. Ms. paper articles. At no time were researchers OF CALIFORNIA Dzierzawski has a long and notable career as privy to, or expected to use classified mate- IN THE HOUSE OF REPRESENTATIVES a public servant in Michigan. I have known rials. Military officials of the countries partici- Thursday, April 22, 2004 Peggy for many years now. Her good nature, pating in this project were informed prior to the dedication, and enthusiasm for her work are beginning of the research. Ms. LEE. Mr. Speaker, I join my colleagues extraordinary. She is a trusted and dedicated Despite the transparency of the research in recognition of one of the great tragedies of individual who has much to be proud of on conducted, Dr. Sutyagin was arrested in Octo- the 20th Century, the Armenian Genocide. this milestone in her career. ber 1999 by the Russian Federal Security Of- The Armenian Genocide occurred between Peggy has truly distinguished herself fice and charged with espionage, specifically 1915 and 1916. On April 24, 1915, it began through her work for the Michigan Association passing information to a British organization when Armenian leaders were rounded up, de- of Certified Public Accountants (MACPA) and allegedly associated with British intelligence. A ported and murdered. One and a half million its nearly 16,000 CPAs and affiliated profes- thorough search conducted by the FSB in the Armenians were murdered and hundreds of sionals in Michigan. As President and CEO home and office of Dr. Sutyagin produced no thousands of others displaced and deported. since 1997, she rose to the MACPA’s top po- evidence of any classified documents. At the Today, we must reflect on those whose lives sition after working in each of its departments. end of the day, the FSB concluded that the re- were taken as a result of the Genocide. Many Her tenure is filled with laudable accomplish- search conducted by Dr. Sutyagin did not use political leaders, scholars, and professional or- ments, including helping to protect and assist classified material, but that his conclusions ganizations are becoming proactive in making the citizens of Michigan by overhauling the were so accurate he must have used classi- sure everyone acknowledges and remembers state’s public accountancy statute. fied documents to reach them . . . a rather this devastating event to the Armenian popu- Peggy attended Oakland University in Roch- unique approach to scientific inquiry and na- lation. This genocide is another significant example ester, Michigan, and the Institute for Organiza- tional security. tional Management at the University of Notre As Ludmilla Alexeyev, of the of the injustice, torture, pain, and death that Dame where she earned the prestigious na- Moscow Helsinki Group, put it so succinctly, grows out of intolerance, cruelty, and hatred. There are still a great number of survivors tional Certified Association Executive (CAE) ‘‘The FSB tends to make up spies.’’ of the genocide in America and many of their designation from the American Society of As- Dr. Sutyagin spent the last four and a half children and grandchildren reside throughout sociation Executives in 1995. years in jail under investigation. In March the country. It should be noted that Peggy has long been 2001, the case went to court, but the judge On this day we join them in remembering active in many professional and community or- found insufficient grounds for conviction. How- and acknowledging the heinous act that vic- ganizations, on both the national and local ever, as occurs frequently in these ‘‘spy’’ timized their families. If we let such atrocities level. She is a member of the American Insti- cases, the prosecution got another bite of the be forgotten, then we are in danger of letting tute of Certified Public Accountants, and is apple. The FSB was allowed to begin the in- them be repeated. Past Chairman of the Michigan Society of As- vestigation anew, and, with a reputedly more sociation Executives (MSAE). In fact, she was compliant judge presiding, the second trial f the first award recipient of the MSAE’s Stra- opened on March 15 of this year. COMMEMORATING THE 50TH ANNI- tegic Association Leader Award in 2002. The Washington Post of November 12, VERSARY OF THE SALK POLIO Moreover, Peggy is a member of the Amer- 2001 compared this case to a bad parody of VACCINE FIELD TRIALS ican Society of Association Executives and Kafka: ‘‘The FSB wants Russians to know that Meeting Planner (Professionals) International, it has the ability to jail anyone who somehow HON. IKE SKELTON as well as a Board member of Junior Achieve- displeases the authorities, regardless of evi- OF MISSOURI ment of Southeastern Michigan. dence or the law.’’ IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I congratulate Peggy A. Mr. Speaker, it would be presumptuous of Dzierzawski for her many years of service and me, from the halls of Congress, to make a Thursday, April 22, 2004 devotion to the accounting profession and blanket judgment as to Dr. Sutyagin’s inno- Mr. SKELTON. Mr. Speaker, on April 26, community as a whole. I am glad to have cence or guilt. However, I would point out that 2004, we will commemorate the 50th anniver- known Peggy these many years and I wish even the director of his institute, who was not sary of the Polio Field Trials. This day holds

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.056 E22PT1 E616 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 great significance for the American people and to the American people in another desperate that I represent, in Yuma and San Luis, Ari- for our global community, for on April 26, attempt to justify their outrageously high prof- zona. Today would have been his 77th birth- 1954, on the grounds of Franklin Sherman El- its. While this fact should shock no one—in- day. ementary School in McLean, Virginia, the first deed, it has become routine—we must not let The celebration of his life is a legacy that he dose of the Salk Polio Vaccine was adminis- their ridiculous propaganda go unchallenged. leaves with us; however, upholding a chrono- tered as part of the National Field Trial Pro- On Wednesday, April 7, speaking on C– logical, biographical statement of the life of gram. In the months that followed, more than SPAN’s Washington Journal, Pfizer CEO Hank Cesar E Chavez would not embrace the es- 1,800,000 school children, America’s ‘‘Polio McKinnell told listeners that Pfizer spends only sence of what he stood for in life or the expec- Pioneers,’’ participated in these trials. It was two percent of its revenue on advertising for tations and opportunities he left for others. I the largest peacetime volunteer mobilization in prescription drugs. Even under the most opti- stand before you to honor a man, not for what United States history, and it represents a re- mistic projections, that’s just fuzzy math. material wealth he accumulated or positions markable act of collective courage and citizen- In 2003, total advertising expenses for he held, rather for his pursuit for justice. ship by the youngsters and adults who partici- Pfizer were a whopping $2.962 billion. That’s For me to make Cesar E Chavez bigger pated. 6.55 percent of the company’s revenue, over than life and to describe him as a hero would The crusade against poliomyelitis began at three times the amount cited by Mr. McKinnell. be offensive to him. He was a man that did Warm Springs, Georgia, a spa where Franklin Moreover, a report from Families USA, Prof- not want to be bigger than life. He was human Delano Roosevelt first traveled in 1924, seek- iting from Pain: Where Prescription Drug Dol- and stayed that way but his beliefs and way ing the therapeutic effects of the warm spring lars Go, which was based on a review of in- of life are the future and the legacy that he left waters. Other polio victims followed, and in dustry annual financial reports submitted to all of us to uphold. Cesar E Chavez, co- 1926, Roosevelt purchased the entire property the SEC, found that Pfizer spent 35 percent of founder, along with Dolores Huerta, of the establishing the ‘‘Warm Springs Foundation’’ its revenue on marketing and promotion, and United Farm Workers’ Union, initiated a his- with former law partner Basil O’Connor. As the only 15 percent on research development (and toric struggle for labor unions, grassroot ef- polio epidemic spread, in 1938, this Founda- 24 percent on profit). That same study found forts, and mobilization to show power of the tion grew into the National Foundation for In- that Pfizer spent 8 percent more of its revenue people. fantile Paralysis, emphasizing the nationwide on marketing than the average of all compa- The United Farm Workers’ Union and the significance and non-partisan character of the nies reviewed. tactics that Cesar E Chavez incorporated for polio crusade. Believing that people could Not only does Pfizer and the drug industry justice changed the face of activism and con- solve any problem if they worked together, lie about the amount of money they spend on sumerism. His non-violence and popular edu- Roosevelt appealed to the masses for finan- ads, but the ads also mislead consumers cation approach made the country recognize cial help—asking the country to send their about the advertised drugs themselves. Ac- that renouncing a system of injustice was the dimes directly to the White House, thus coin- cording to one advertising executive with sig- right of all Americans. He reminded us then, ing the phrase described by Comedian Eddie nificant experience with DTC ads, the purpose and now, of our role to seek humanity and jus- Cantor, ‘‘March of Dimes’’. of advertising is not to educate consumer, but tice; and to be aware of our decisions in life Over the next 17 years, the National Foun- rather ‘‘to identify the emotions we can tap from minor accountability, like where to buy dation focused on funding research to develop into to get that customer to take the desired basic home products, to protecting our sol- a vaccine against polio. While researchers course of action.’’ Moreover, in a survey of diers and looking for effective non-violence ap- worked tirelessly in their labs, volunteers 1,872 people who viewed drug advertise- proaches as an alternative to war. helped polio victims and their families around ments, 70 percent said they had learned little Through the influence of Cesar E Chavez the country. For a number of years, I served or nothing more about the conditions the drug and the UFW, the face of labor unions in this as the Lafayette County, Missouri, March of is supposed to treat, and over half said they country was changed. The awareness of Dimes Secretary, helping to coordinate volun- learned little or nothing more about the drug strikes, went beyond the bargaining table for teer and fundraising efforts in my home area. being advertised. Very few ads informed view- basic rights such as just pay and benefits. In 1948, with funding from the Foundation, ers of how successful the treatment is, what Strikes become a responsibility for all con- Dr. Jonas Salk was able to grow the three alternative treatments are available, how long sumers to demand justice and peace of mind known types of polio virus in his lab and even- a patient needs to take the drug, or attempts to the consumer and the employer that the tually develop an experimental killed virus vac- to correct common misconceptions about the employee was respected in all aspects. The cine. In 1952, Salk tested the vaccine on chil- disease the drug treats. Predictably, a strong union struggle also became more inclusive in dren who’d already recovered from polio as majority of doctors—75 percent—said that the fighting for justice in this country, going be- well as himself and his family. The results ads caused patients to think that advertised yond the calls for labor rights to include were amazing. No one became inflicted with drugs work better than they do. human rights, immigrant rights, and civil rights. the disease as all volunteers had produced These ads have contributed to the sky- Labor unions across the country are currently the needed antibodies. rocketing cost of prescription drugs. In fact, a among the leaders of creating coalitions and In April 1954, nationwide testing of the vac- 2000 study showed that nearly half of the in- developing the grass roots community to cine began. The results of the field trials were creased spending on pharmaceuticals was at- strengthen representation for all Americans. clear. Statistics showed that the Salk vaccine tributable to the fifty most advertised prescrip- The concept of grass roots and the belief in was 80 to 90 percent effective in preventing tion drugs. the power of the people was strengthened polio. In the next four years, 450 million doses Americans have been clamoring for lower through the works of Cesar E Chavez. The of the vaccine were administered, making it a prescription drug prices, yet all the drug com- leading energy/influence in providing a voice standard fixture among childhood immuniza- panies have offered them is a string of ex- for the masses was simply stated in three tions. As a result, in 1979, the National Foun- cuses, empty promises, and outright lies. Mr. words iSı´, se puede!, which roughly translates dation for Infantile Paralysis officially changed Speaker, Americans deserve better. to yes, it can be done. A simple phrase that its name to the March of Dimes. f Cesar E Chavez coined, but like his life and Mr. Speaker, I ask all of my colleagues to legacy a powerful action that cannot be meas- join me today in commemorating April 26, COMMEMORATION OF THE LIFE ured. This assurance in people and the ability 2004, as the 50th Anniversary of the Salk AND LEGACY OF CESAR of communities and movements resonates Polio Vaccine field trials and a day that truly ESTRADA CHAVEZ throughout our great Nation today. iSı´, se puede! is an attitude and way of life for holds great significance for the world. ´ f HON. RAUL M. GRIJALVA change, hope, and our constituency, espe- OF ARIZONA cially our youth. DRUG INDUSTRY IN THE HOUSE OF REPRESENTATIVES Cesar E Chavez, although a Latino, did not limit the group he strived for to an ethnicity. HON. FORTNEY PETE STARK Thursday, April 22, 2004 He understood the need to be inclusive in his OF CALIFORNIA Mr. GRIJALVA. Mr. Speaker, today we must service to others in the plight for justice. The IN THE HOUSE OF REPRESENTATIVES take a moment to commemorate the life and legacy he leaves us is to uphold his approach legacy of a national leader Cesar Estrada to life and to educate our youth for future gen- Thursday, April 22, 2004 Chavez. It is an honor for me to have this op- erations on his teachings of non-violence, jus- Mr. STARK. Mr. Speaker, I rise today be- portunity to discuss the life of this man. Cesar tice, and equity for all. I challenge my col- cause, once again, the drug industry has lied E Chavez was born and died in the district leagues to remember Cesar E Chavez not

VerDate mar 24 2004 06:26 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.061 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E617 only for his history, but also for his approach on a bill that first went through a mark-up prior certain policy changes to the operation of to life and the example he left us. to floor consideration. the guaranteed loan program. In particular, the Administrator prohibited the use of pig- JOINT EXPLANATORY STATEMENT ON H.R. 4062 f gyback financing. Filed by Chairman MANZULLO for himself and The sponsors believe that ‘‘piggyback fi- GUARDSMEN AND RESERVISTS Ranking Democratic Member VELA´ ZQUEZ FINANCIAL RELIEF ACT OF 2003 nancing’’ plays a valuable role in the provi- Section 1. Additional Temporary Extension sion of capital to small businesses. This is of Authorization particularly the case for small businesses re- SPEECH OF Temporary authorizations are needed to quiring larger loans in cyclical sectors of the HON. JOE BACA ensure continued operation of certain pro- economy. The financing technique is quite similar to that statutorily authorized in OF CALIFORNIA grams authorized by the Small Business Act and Small Business Investment Act of 1958. Title V of the Small Business Investment IN THE HOUSE OF REPRESENTATIVES This section extends those programs while Act of 1958. Wednesday, April 21, 2004 the House and Senate work out their dif- Section 4 creates, for the rest of fiscal year ferences on a broader reauthorization pack- 2004, a temporary combination-financing pro- Mr. BACA. Mr. Speaker, I rise in support of age. gram by adding a new paragraph (31) to § 7 of the Guardsmen and Reservists Financial Re- Section 2. Extension of Certain Fee Author- the Small Business Act. The provisions sun- lief Act of 2003. izations set at the end of the fiscal year, i.e., at the end of the day on September 30, 2004. This bill allows military reservists or national The qualified state and local development guardsmen to make withdrawals from their re- The sponsors adopted the more formal lan- company (referred to in this statement as guage ‘‘combination financing’’ rather than tirement plans without incurring penalties. ‘‘certified development company’’ or ‘‘CDC’’) the term ‘‘piggyback financing.’’ The spon- Unfortunately, this bill is a short-term fix for program authorized by Title V of the Small sors define ‘‘combination financing’’ as a a larger problem. Business Investment Act of 1958 operates on loan consisting of both a commercial loan Why hasn’t the Administration and Congress fees charged by the Administrator to lend- and a guaranteed loan. A commercial loan is done more to help reservists and soldiers in ers. Those fees need to be reauthorized to defined as one that has no portion guaran- Iraq? prevent the program from ceasing operation. teed by the government. The sponsors intend Given the complexity of the financing ar- Our brave men and women are fighting and the term ‘‘combination financing’’ to have rangements loans made pursuant to Title V, the same characteristics as ‘‘piggyback fi- dying in Iraq. Their families are struggling to CDCs and small businesses need sufficient get by. nancing’’ as that term is used in the Small time to develop the appropriate financing Business Administration’s Standard Oper- We need to help our soldiers. packages and submit applications to the Ad- ating Procedure already cited in this state- We can start by giving targeted pay raises. ministrator. To accommodate the needs of ment. We can give meaningful tax relief for military lenders and borrowers under Title V, the The authorization of combination financ- families, not tax cuts for the rich that President sponsors determined that an extension of the ing is limited to those situations in which Bush supports. fee authorization through the end of the fis- the small business concern (borrower) ob- We can make sure they receive the benefits cal year would be appropriate. Furthermore, tains both a guaranteed loan pursuant to the sponsors believe that if the recent prob- and healthcare that they have more than § 7(a) of the Small Business Act and a com- lems in the loan programs authorized by 7(a) mercial loan. Again the sponsors intend that earned! of the Small Business Act were resolved the provision should operate in a manner We can make sure that our veterans, those through the end of this fiscal year, equity similar to the Small Business Administra- brave Americans who already gave so much demands that CDCs be able to operate tion’s determination that the commercial for this country are also taken care of. unencumbered for the same period. and guaranteed loans are obtained for the Over 500,000 veteran’s benefits claims are Section 3. Fiscal Year 2004 Purchase and same or similar purposes and the loans are still pending in the VA. My bill, H.R. 1264, will Guarantee Authority under Title III of originated and disbursed (in whole or in part) help reduce this backlog of claims. This is the the Small Business Investment Act of at about the same time. type of help our soldiers and veterans need! 1958 To ensure that the public fisc is protected The Small Business Investment Company even when the Administrator’s lien is subor- Our reservists, soldiers, and veterans de- dinate to the commercial loan, the sponsors serve our help! Let’s not keep them waiting (‘‘SBIC’’) program operates without the use of appropriated funds. Fees and profits are restricted the size of the combination loan to any longer! used to cover the cost of the program, in- that of the guaranteed loan. In other words, Congress has to put its money where its cluding coverage of losses in investment there is a one-to-one ratio between the com- mouth is when it comes to taking care of portfolios. While the sponsors believe that mercial and guaranteed loans. While the those who help protect this nation. We have the fees authorized for the purchase of secu- commercial loan cannot exceed the size of no other choice. rities and debentures would allow the pro- the guaranteed loan, the sponsors do not in- tend to prevent a commercial loan from f gram to continue full operation without modification to the authorization levels, being smaller than the guaranteed loan. EXPLANATORY STATEMENT ON clarification to ensure that the program The sponsors authorize the commercial loan may be made by the lender that is mak- H.R. 4062 could continue operations was an appro- priate course of action. To avoid any possible ing the guaranteed loan. However, the spon- confusion or action by the Administrator to sors also permit the commercial loan to be HON. DONALD A. MANZULLO curtail the operation of the program, the made by a different lender as long as the OF ILLINOIS sponsors extended the authorizations for loans meet the simultaneity of time and pur- pose already limned. In addition, the spon- IN THE HOUSE OF REPRESENTATIVES both the purchase of participating securities and guarantees of debentures at FY 2003 lev- sors also authorize lenders designated as Thursday, April 22, 2004 els for the rest of the fiscal year. ‘‘Preferred Lenders’’ by the Administrator to make the commercial loan in such combina- Mr. MANZULLO. Mr. Speaker, on March 31, Section 4. Combination Financing tion financings. 2004, the House took up consideration and For a number of years, the Administrator The sponsors also authorize lenders des- passed H.R. 4062, a bipartisan bill to resolve authorized the use of so-called piggyback fi- ignated as ‘‘Preferred Lenders’’ by the Ad- problems associated with the restrictions im- nancing when using the loan program au- ministrator to make the commercial loan in posed by the Small Business Administration thorized by 7(a) of the Small Business Act. combination financings. In order to expedite on loans made pursuant to § 7(a) of the Small The Administrator defines ‘‘piggyback fi- the processing of combination financings in Business Act. The bill was then passed by the nancing’’ as a situation in which ‘‘one or these circumstances, it is the sponsors’ in- more lender(s) provides more than one Senate and signed into law by the President. tent that the Administrator process applica- loan(s) to a single borrower at or about the tions for combination financings submitted Since the bill was taken directly to the floor, same time, financing the same or similar by such ‘‘Preferred Lenders’’ through the no committee report accompanies the bill. As purpose, and where the SBA guarantees the Preferred Lenders Program Processing Cen- Chairman and on behalf of the Ranking loan secured with a junior lien position.’’ ter. Democratic Member, NYDIA M. VELA´ZQUEZ, I Small Business Administration, Standard The sponsors explicitly authorize the com- am submitting for insertion into the RECORD, Operating Procedure 50–10(4)(E), at 20. Fur- mercial loan to be secured by a lien senior to the attached explanation of the bill by its spon- thermore, the Administrator notes that the that of the guaranteed loan. Nothing in this sors. We would expect the Administrator, in determination of ‘‘piggyback financing’’ re- provision prevents the Administrator from quires an assessment of both the lien posi- continuing or discontinuing this practice implementing the provisions of H.R. 4062, to tion and the commonality of purpose. Id. after September 30, 2004 unless directed oth- accord the enclosed explanation the same Earlier in the year, the Administrator, pre- erwise by statute. weight in divining congressional intent that the sumably pursuant to the authority set forth In normal commercial transactions, lend- Administrator would give to a committee report in § 7(a)(24) of the Small Business Act, made ers that take a subordinated lien position on

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.063 E22PT1 E618 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 an asset are compensated for the additional the adoption of additional standards would extent practicable, its own analyses of credit risk through additional upfront fees or by a not be within the intention of the sponsors. and forms. The sponsors fully expect that higher interest rate. The Administrator did The sponsors do not expect any new stand- the conditions under which express loans are not require any additional payments or ards adopted by the Administrator to impose made will not vary significantly from those modification of applicable interest rates for significant restrictions on combination conditions that currently exist under the taking a junior position in its ‘‘piggyback fi- financings. The 0.7 percent fee sufficiently ‘‘Express Loan Pilot Program.’’ However, the nancing.’’ Section 4 requires the Adminis- compensates the Administrator for the addi- sponsors recognize that the Administrator trator to charge an upfront fee equal to 0.7 tional risk. Any additional standards should may want to impose some additional condi- percent of the amount of the commercial focus on the procedures for processing com- tions on the use of forms or analyses for loan as reimbursement for the risk associ- bination financings or resolving situations larger express loans. Nothing in H.R. 4062 ated with taking a subordinate lien position. that are not adequately addressed under cur- prohibits the Administrator from imposing The sponsors expect that the lender that is rent procedures for ‘‘piggyback financing.’’ these additional requirements. benefiting from senior lien position to pay Section 5. Loan Guarantee Fees Section 6 codifies the existing concept of the fee. the Administrator’s ‘‘Express Loan Pilot While lenders pay all fees charged pursuant In late December of 2003 and early January Program.’’ In other words, the pilot program to § 7(a) of the Small Business Act, some fees of 2004, the Administrator, in part pursuant is one in which lenders utilize their own are recoverable from borrowers. Lenders may to the Anti-Deficiency Act, temporarily forms and get a guarantee of no more than 50 obtain reimbursement of the upfront fees ceased lending under the loan program estab- percent. mandated by § 7(a)(18) of the Small Business lished pursuant to § 7(a) of the Small Busi- Subsection 6(b) restricts the program, in- Act from borrowers but are prohibited from ness Act. Shortly after the Administrator cluding the increased loan amount, to those recovering from borrowers the annual ongo- halted lending, funds were reallocated ena- lenders designated as express lenders by the ing fee mandated by § 7(a)(23) of the Small bling the program, but with a mandatory Administrator. Designation as an express Business Act. Since the ultimate beneficiary loan cap of $750,000. lender does not limit the lender to making of the combination financing as authorized This restriction continues to impede the express loans if the lender has been author- by this section is the bank making the com- ability of small businesses to obtain capital, ized to make other types of loans pursuant mercial loan, the sponsors determined that expand their businesses, and create jobs. The to § 7(a) of the Small Business Act. Although the lender should be prohibited from recov- sponsors recognized the need to reopen the a lender may only seek status as an express ering that fee and imposed the restriction program to its fully authorized levels ($2 lender, this subsection was included to en- set forth in § 7(a)(23)(B) of the Small Business million loan maximum with a guarantee up sure that the Administrator not limit the Act on the payment of the commercial loan to $1 million). Two options were available for ability of an express lender to seek other fee. The cross-reference to the provision in doing this. The first would require additional lending authority from the Administrator. § 7(a)(23) ensures that the lender will be un- appropriations. The second would be to raise Nor is the Administrator permitted to able to recoup the 0.7 percent from the bor- fees associated with the lending program au- change its standards for designating an ex- rower. thorized by § 7(a) of the Small Business Act. press lender in a manner that only author- The Administrator had procedures in place The sponsors were not sanguine about the izes the lender to make express loans. To the for combination financing (styled in the prospect of obtaining additional appropria- extent that the lending institution wishes to Standard Operating Procedures as ‘‘piggy- tions for fiscal year 2004. So the sponsors re- offer a full range of loan products authorized back financing’’) on October 1, 2003, and the luctantly turned to the second option. by § 7(a) and is otherwise qualified to do so, Administrator processed combination loan The approach adopted by the sponsors the Administrator shall not restrict that financings in the normal course of business raise, through the end of fiscal year 2004, the ability on the lender’s status as an express on October 1, 2003. To ensure that the Admin- annual ongoing fee charged to lenders. The lender. istrator accept and process combination fi- reduction was reauthorized in Pub. L. No. Subsection 6(c) prohibits the Adminis- nancing loan applications, the sponsors im- 107–100. The statutory fee is currently set at trator from revoking the designation of any posed a requirement that the Administrator a 0.5 percent but was reduced temporarily, to lender as an express lender that was so des- must process those loan applications as encourage the creation of new jobs, in the ignated at the time of enactment. This pro- those loans were processed under the ‘‘piggy- last reauthorization bill to 0.25 percent. Sec- hibition does not apply if the Administrator back financing’’ procedures in effect on Oc- tion 5 raises that level from 0.25 percent to finds the express lender to have violated laws tober 1, 2003. 0.36 percent. The sponsors also eliminate the or regulations or the Administrator modifies The sponsors did not believe that it would authority of lenders to retain 0.25 percent of the requirements for designation in a way be prudent to mandate the issuance of regu- the ongoing fee for loans of less than $150,000. that the express lender cannot meet those lations to implement a temporary program, According to the Administrator and the Of- standards. The sponsors do not expect that which will sunset in about six months. In fice of Management and Budget, these fee the Administrator will impose new require- fact, the sponsors were concerned that the changes, along with other temporary modi- ments for express lenders that prohibit them promulgation process would be sufficiently fications, raise sufficient funds to operate a from making loans under other loan pro- lengthy and the program would sunset before guaranteed loan program at a $12.55 billion grams authorized by the Small Business Act any regulations were in place. The sponsors level without any restrictions on combina- for which they have approval from the Ad- recognized that the Administrator would be tion financing or caps on loan size. ministrator. approving combination financings under the Section 6. Express Loan Provisions Subsection 6(d) temporarily expands the rubric of ‘‘piggyback financings’’ in accord- Section 7(a)(25)(B) authorizes the Adminis- Express Loan Pilot Program to $2 million. ance with already extant standard operating trator to create pilot loan programs. In exer- After September 30, 2004, the sponsors expect procedures. The sponsors believe that these cising that authority, the Administrator cre- the Administrator to operate the Express provisions are adequate for immediate ated an ‘‘Express Loan Pilot Program.’’ The Loan Pilot Program according to the stand- issuance of combination financing loans. The program authorizes lenders to use their own ards that were in effect prior to the enact- sponsors therefore authorize the Adminis- forms in submitting requests to the Adminis- ment. Since the Administrator had the au- trator to use the standards already in exist- trator for the issuance of guarantees. Two thority to modify or alter the pilot program ence upon enactment without the necessity significant restrictions are imposed by the prior to the enactment of this Act, nothing of formal rulemaking. The provision has the ‘‘Express Loan Pilot Program;’’ the guar- in the Act restricts the Administrator from additional benefit that industry is well antee cannot exceed 50 percent of the loan taking appropriate regulatory action with aware of the procedures and standards for and the maximum loan amount is $250,000. respect to the program after the authority business eligibility in the standard operating According to the Administrator and the vested in this Act terminates. procedures. Office of Management and Budget, expansion The President’s FY 2005 budget request for The sponsors recognize that additional of the ‘‘Express Loan Pilot Program’’ to au- the Small Business Administration did not standards may be necessary to determine thorize lenders to make loans up to the stat- include any funding for the loan programs business loan eligibility under this section. utory maximum of $2 million would con- authorized by § 7(a) of the Small Business The sponsors authorize the Administrator to tribute to a significant reduction in the sub- Act. Administrator Barreto testified at a full adopt such additional standards as may be sidy rate. The sponsors adopted this concept Committee hearing that the loan programs necessary (in order to reduce risk to the gov- to ensure that sufficient funds were made should be self-funding with a subsidy rate of ernment and increase transparency to the available to reopen the program at expected zero and, as a result, the § 7(a) lending pro- private sector) so long as those standards do loan volumes. grams would be on the same footing as the not unreasonably restrict the availability of Section 6 defines the term express lender CDC and SBIC programs. Administrator combination financing as was available prior as a lender authorized to participate in the Barreto’s suggested mechanism for achieving to the issuance of any additional standards. ‘‘Express Loan Pilot Program.’’ The sponsors a zero subsidy rate was through a mandatory Thus, the sponsors expect that the Adminis- do not intend that the Administrator need expansion of the Express Loan Pilot Pro- trator will make reasonable decisions that change any of the requirements for designa- gram to incorporate almost all smaller loans may in some ways restrict the availability of tion as an express lender but is authorized to (initially all loans under $250,000 but in sub- combination financing. However, standards do so. sequent years could increase if needed to that prohibit or reduce by a significant num- Section 6 defines an ‘‘Express Loan’’ as one maintain a zero subsidy rate). The manda- ber the combination financings made after in which the lender utilizes, to the maximum tory nature of the proposal did not garner

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.068 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E619 much acceptance among members of the action that has the practical effect of mak- because any additional gaps in financing can House or Senate Small Business Commit- ing it mandatory, the sponsors incorporated be addressed using combination financing, tees. a catchall requirement that the Adminis- under the terms of this Act. Given the fact Given Administrator Barreto’s stated pref- trator not take action to create incentives that borrowers are getting an additional in- erence for resolving the funding crisis associ- that would favor express loans over other crement in loan guarantees, the sponsors de- ated with the § 7(a) lending programs types of loans. The sponsors believe that the termined that it would be appropriate to re- through an expansion of express loans, the determination of the appropriate nature of a quire an additional 0.25 percent fee for the sponsors are concerned that the Adminis- loan should not be made by regulatory fiat amount of guarantee in excess of $1 million. trator will take regulatory actions that un- but by the sound judgment of lenders, bor- Thus, on the amount of the guarantee be- duly favor express lending over other types rowers, and the Administrator’s commercial tween $1 million and $1.5 million, the upfront of lending authorized by § 7(a) of the Small loan officers. fee authorized pursuant to § 7(a)(18) of the Business Act. As such, the sponsors deter- The dramatic expansion of the express loan Small Business Act increases from 3.5 per- mined that it was appropriate to impose cer- program, even on a temporary basis, may cent to 3.75 percent. This is consistent with tain restrictions on the Administrator’s op- shed dramatic light on the purposes for typical commercial lending practices of eration of the expanded Express Loan Pilot which such loans are made. That informa- charging fees that are commensurate with Program in order to prevent actions that un- tion will be critical in resolving, on a long- the lenders’ exposure to risk. necessarily and unduly favor express lending. term basis, the funding issues associated Any significant policy change in the oper- with the § 7(a) lending programs. Therefore, f ation of the lending programs authorized by the sponsors requested, to the extent prac- IN RECOGNITION OF THE 1ST BAT- § 7(a) of the Small Business Act requires no- ticable, monthly reports on the types and TALION, 69TH INFANTRY OF THE tification to the House and Senate Small purposes for express loans made in excess of NEW YORK NATIONAL GUARD Business Committees. Subsection 6(e) does the current pilot program cap of $250,000. not limit the restrictions imposed on the Ad- Subsection 6(g) terminates the effective- ministrator’s regulatory discretion to those ness of various subsections after September HON. CAROLYN B. MALONEY matters that would require notification pur- 30, 2004. Subsection (d) has its own internal OF NEW YORK suant to § 7(a)(24) of the Small Business Act. sunset provision. No sunset is made on sub- IN THE HOUSE OF REPRESENTATIVES The most significant restriction is that the section (a), as it simply codifies existing Administrator cannot take any action that practice of the Administrator with respect to Thursday, April 22, 2004 directly forces a lender to make an express definitions related to express loans. Nothing Mrs. MALONEY. Mr. Speaker, I rise to rec- loan for any level. Thus, if a lender wishes to in subsection (g) is intended by the sponsors ognize the soldiers of the 1st Battalion, 69th make an express loan for $1.5 million dollars to constitute a permanent change in any and is a designated express lender, the lender program authorized pursuant to § 7(a) of the Infantry of the New York National Guard, who may do so. If the same lender is qualified to Small Business Act. are currently preparing to serve their country make other types of loans and wants to Section 7. FY 2004 Deferred Participation in Iraq. Additionally, I would like to extend my make a $1.5 million dollar loan at a 75 per- Standards appreciation and gratitude to all of our brave cent guarantee, the Administrator may take As already noted, the sponsors are con- National Guard and Reserve soldiers, whose no action that forces the lender to select the cerned that regulatory or other administra- time, energy and sacrifice do so much to en- 50 percent guarantee over the 75 percent tive changes in loan programs could have the sure the safety of our nation and fellow citi- guarantee. practical implication of forcing lenders to One mechanism for demonstrating favor- zens. make express loans. The sponsors deter- itism is to impose conditions on loan pro- Today’s National Guard soldiers are part of mined that by freezing all terms and condi- grams other than express loans that have the a rich tradition in American life that stretches tions of loans as they existed on October l, effect of coercing lenders to make express 2003 would be a sound means of deterring fa- back to the Revolutionary War. At that time, loans. Paragraph (2) of subsection 6(e) en- voritism for express lending. The sponsors our Founding Fathers placed the country’s se- sures that the Administrator imposes like intend this provision to require, upon enact- curity in the hands of citizen-soldiers who or- terms and conditions on both express and ment, the lifting of the cap on loans made ganized and trained in their home states. The other lending programs authorized by § 7(a) pursuant to § 7(a) of the Small Business Act of the Small Business Act. The sponsors in- members of our current National Guard, in ad- that are currently in place. Section (7) does tend that this requirement apply to all of dition to demonstrating leadership in private permit the Administrator to modify those the terms and conditions of loans made pur- enterprise, public service and a variety of terms and conditions if needed to ensure con- suant to § 7(a) of the Small Business Act, in- other professions, must also be ready to put tinued operation of the program within the cluding collateral and the likelihood of re- amounts appropriated. Although the spon- their ordinary lives ‘‘on hold’’—often at a mo- payment standards. ment’s notice—to serve their country. Even if the terms and conditions on the sors, based on assertions by the Office of Management and Budget, believe that the The 1st Battalion, 69th Infantry has a distin- loans are identical, the Administrator has guished history in both battle and disaster re- other mechanisms for demonstrating favor- Administrator will have sufficient funds itism of express lenders over other types of through the end of the fiscal year to operate sponse. As part of the Irish Brigade during the Administrator-designated lenders. For exam- without any regulatory restraints, the spon- Civil War, the 69th Infantry was famous for its ple, the Administrator could delay proc- sors do not want to prevent the Adminis- tenacity on the battlefield and earned its nick- essing of 75 percent guarantee loans, i.e., trator from taking actions needed to prevent name, ‘‘The Fighting 69th,’’ from Confederate loans other than express loans, such that violations of the Anti-Deficiency Act. In General Robert E. Lee. The 69th also took other words, the sponsors fully expect the lenders would, for all practical terms, be re- part in the Spanish-American War, World War quired to do express loans. Thus, paragraph terms and conditions of October 1, 2003 to apply unless unusual and very unexpected I and World War II, where its soldiers fought (3) of subsection 6(e) prevents the Adminis- in the battles of Makin, Saipan and Okinawa. trator from making any personnel changes consequences occur. Should such changes be or altering the application of resources (be it necessary, nothing in H.R. 4062 , ei- The regiment was initially formed by Irish- personnel, equipment, or funding) that in- ther implicitly or explicitly, the notification American residents of New York City; through creases the loan processing and disbursement requirements set forth in § 7(a)(24). the years, the unit has taken great pride in times for all loans authorized by § 7(a) of the Section 8. Temporary Increase in Loan Limit being a reflection of New York and its immi- Small Business Act as those were in effect on Access to capital is vital to the growth of grant population. Today, the Battalion is an in- October l, 2003. For example, if the time for small businesses. Particularly for manufac- credibly diverse group whose common goal is disbursement of an express loan was five turers and high technology research and de- the protection of the American people. days and the time for disbursement of a 75 velopment businesses, typical amounts of The Fighting 69th are infantry soldiers—the capital available under the loan programs percent guaranteed loan was seven days, the ‘‘guns on the ground’’—whose mission is to Administrator may take no action that in- authorized by § 7(a) of the Small Business creases the relative disparity between the Act often are inadequate. If these manufac- engage and destroy enemy forces in close express loan and the 75 percent guarantee turers and high technology companies are in- combat. Upon deployment to Iraq, the Bat- loan. Nothing in this subsection shall be in- vesting to increase their productivity, the talion will likely be asked to perform highly dif- terpreted to prevent the Administrator from job creation requirements of Title V of the ficult and dangerous assignments. Despite the improving the overall processing, approval, Small Business Investment Act may make it challenges that these men and women will or disbursement rates of all loans except difficult, if not impossible, to obtain that likely encounter, their spirit and resolve is re- that any such improvements must affect all type of financing. Therefore, the sponsors de- markable. Indeed, they are ready and eager to termined that it would be appropriate to lenders and all lending programs operating serve their country. pursuant to § 7(a) of the Small Business Act temporarily increase the amount of the loan in an identical manner. guarantee from $1 million to $1.5 million. No The Battalion has also mobilized during To ensure that the sponsors’ intent is clear additional changes were made in the overall emergencies in their home state of New York. that the expansion of the express loan is op- statutory cap of a gross $2 million loan. The The Battalion Commander, Lt. Col. Geoffrey tional and the Administrator shall take no sponsors did not believe that was necessary Slack, informs me that the Fighting 69th was

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.071 E22PT1 E620 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 the first National Guard unit to arrive on the IN RECOGNITION OF MINORITY Credit Associations, and Banks for Coopera- scene following the attacks of September 11, CANCER AWARENESS WEEK tives. 2001. In the hours after the attacks, the Bat- Under the current law, Farm Credit institu- talion assisted medical teams treating the HON. JIM DAVIS tions are also authorized to finance individuals furnishing farm-related services related to their wounded and helped significantly in rescue OF FLORIDA operating needs including custom fertilizers, ir- and recovery operations. The Battalion worked IN THE HOUSE OF REPRESENTATIVES through the night and into the morning of Sep- rigation installation, and land leveling services. tember 12th, when they were directed to se- Thursday, April 22, 2004 It has been brought to my attention by a local cure the perimeter around Ground Zero. This Mr. DAVIS of Florida. Mr. Speaker, this Farm Credit institution in my District that a mission continued for the next 315 days. Dur- week is National Minority Cancer Awareness similar authorization to provide credit and fi- ing this time, Battalion soldiers were also de- Week. This national campaign was initiated by nancial services for individuals furnishing serv- ployed to secure the bridges and tunnels lead- Congress in 1987 to heighten awareness of ices to producers and harvesters of aquatic ing to and from Manhattan. Additionally, the the unequal hardship of cancer borne by racial products does not exist. As a result of this lim- unit’s armory was the initial support center for and ethnic minority populations and other itation, Farm Credit institutions are not author- family members of World Trade Center vic- medically underserved communities. ized to finance businesses such as boat repair tims. Despite all the progress that has been made shops, net makers, ice suppliers, or dock op- erations that provide necessary services for In closing, I ask that my colleagues also in the battle against cancer a disproportionate commercial fisherman. recognize and honor the tremendous courage burden of cancer continues to plague a num- ber of populations. For instance: This omission in the Farm Credit Act means of Lt. Gerard Baptiste, a Fighting 69th soldier that Farm Credit institutions cannot serve the who died on September 11th while on duty as African-American men have the highest rate of prostate cancer in the world and the lowest commercial fishing industry in the same man- a New York City Firefighter. Lt. Baptiste gave ner that they currently serve the farming in- his life to help rescue those who were trapped rate of survival. The head of the American Cancer Society, Charles J. McDonald, MD, dustry. The Farm Credit Act clearly states that in the north tower of the World Trade Center. it includes fishermen, but then does not go on I hope that Lt. Baptiste’s friends, family and says: ‘‘Black men in America are 1.5 times more likely to develop prostate cancer and are to include those who support the industry in fellow soldiers will accept my sincere condo- the same way it includes those that support lences for their loss. 2 to 3 times more likely to die of the disease than white men.’’ the farming industry. Mr. Speaker, I request that my distinguished Cancer is the leading cause of death for An amendment is needed to the Farm Cred- colleagues rise and pay tribute to the 1st Bat- Asian American women. it Act to authorize Farm Credit institutions to talion, 69th Infantry of the New York National Even controlling for poverty level, African serve businesses that provide services related Guard. All Americans should be grateful for American, American Indian, Alaskan Native, to the operating needs of producers and har- the dedication demonstrated every day by Asian American and Pacific Islander men all vesters of aquatic products. This bill would ex- both the men and women of the Fighting 69th have a lower 5–year survival rate than non- tend the Farm Credit Act to numerous com- and all of the brave soldiers serving in Na- Hispanic white males. mercial fishing industry providers such as boat tional Guard and Reserve units throughout our The consequences of inadequate access to repair shops and dock operators that provide nation. preventive services and early detection are the necessary business needs to these fisher- that diseases like cancer are more often diag- men. f nosed at later stages when the severity is like- I urge my colleagues in the House to sup- ly to be greater and options for treatment, as port this legislation. HONORING THE LIFE OF MR. AMOS f CROOMS, JR. well as the odds of survival, are decreased. The American Cancer Society urges more REINTRODUCTION OF LOCAL LAW education about all forms of cancer and ENFORCEMENT HATE CRIMES HON. CAROLYN C. KILPATRICK stronger involvement of community grassroots PREVENTION ACT organizations, particularly in underserved mi- OF MICHIGAN nority communities, to engage in advocacy IN THE HOUSE OF REPRESENTATIVES HON. JOHN CONYERS, JR. and in education and patient support initia- OF MICHIGAN Thursday, April 22, 2004 tives. IN THE HOUSE OF REPRESENTATIVES I urge us all to heed the recommendations Ms. KILPATRICK. Mr. Speaker, I rise today of the American Cancer Society because the Thursday, April 22, 2004 to honor the life of Mr. Amos Crooms, Jr., who future of America as a whole will be influenced Mr. CONYERS. Mr. Speaker, I am pleased passed away February 15, 2004. substantially by our success in improving the to introduce the bipartisan Local Law Enforce- Mr. Crooms spent most of his adult life in health of minorities and other medically under- ment Hate Crimes Prevention Act of 2003, public service and his selfless dedication is an served populations. along with Representatives PELOSI, SKELTON, inspiration for us all. He enlisted in the Navy f FRANK, BALDWIN, ROS-LEHTINEN, KOLBE, in 1959 and was assigned to the USS Topeka FOLEY, SHAYS, and more than 170 other origi- when it was deployed to respond to the Cuban INTRODUCTION OF A BILL TO EX- nal cosponsors. Missile Crisis in 1962. TEND THE FARM CREDIT ACT OF There is no more important time in the his- 1971 TO THE FISHING INDUSTRY tory of this Nation, since the civil rights era, to After Mr. Crooms’ honorable discharge from pass legislation that sanctions hate violence. the Navy in 1963 he returned to Detroit and The FBI has reported a dramatic increase in joined the Detroit Police Department in 1967. HON. FRANK A. LoBIONDO hate motivated violence since the September He served on the front line of law enforcement OF NEW JERSEY 11 terrorist attacks which has sent a wave of by working in the newly created mini-stations IN THE HOUSE OF REPRESENTATIVES fear through our immigrant communities. While on narcotics, undercover operations, and re- Thursday, April 22, 2004 the overall crime rate has grown by approxi- cruiting. As one of Detroit’s finest, he received Mr. LOBIONDO. Mr. Speaker, the Farm mately 2 percent, the number of reported hate many citations for his 26 years of service. Credit Act of 1971 allows the Farm Credit Ad- crimes have increased dramatically from 8,063 Mr. Crooms’ dedication to public service has ministration to oversee and regulate banks in 2000 to 9,730 in 2001, a 20.7 percent in- inspired many of his family members and and associations to provide long-term and crease. friends to pursue careers in public service. His short-term credit and financial services to Although it is unclear how many of the 2001 devotion to his country, family, and the city of farmers, ranchers, producers, and commercial reported hate crimes were directed at individ- Detroit will be remembered, and the city is a fishermen in all 50 States and the Common- uals in the aftermath of the September 11 ter- better place for his contributions to the com- wealth of Puerto Rico. In many parts of the rorist attacks, we do know that the number of munity. country, Farm Credit is an important and sig- reported ‘‘anti-Islamic’’ crimes increased from Mr. Speaker, in closing, I would like to pay nificant lender to the farming and commercial 28 in 2000 to 481 in 2001, which represents tribute to the life and work of Mr. Amos fishing industry. Over one-fourth of the total an increase of over 1600 percent. In addition, Crooms, Jr, and express my deepest condo- credit used by farmers and fishermen derives the number of hate crimes directed at individ- lences to his family and to all who knew and from the FCA through a network of Farm uals on the basis of their national origin/eth- loved him. Credit Banks, Federal Land Banks, Production nicity more than doubled—from 911 in 2000 to

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.074 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E621 2,098 in 2001. Racial bias again represented and his wife, Joy. On this day, Pastor Nichols munities are facing enormous needs in their the largest percentage of bias-motivated inci- also celebrates his 50th anniversary in full effort to safeguard human health and the envi- dents (44.9 percent), followed by Ethnic/Na- time ministry and the upcoming 50th wedding ronment and to comply with Federal environ- tional Origin Bias (21.6 percent), Religious anniversary of Pastor Nichols and Joy. mental mandates. The wastewater investment Bias (18.8 percent), Sexual Orientation Bias Through Calvary Cathedral, Pastor Nichols needs in our cities, counties, towns and town- (14.3 percent), and Disability Bias (0.4 per- and Joy touch the lives of thousands of people ships are far greater than the amount of cent). not only in Fort Worth, but throughout the money now being made available at the local, While many of these crimes do and should world. With integrity and outstanding char- state, and federal levels. The GAO, the EPA get prosecuted at the State and local levels, acter, Pastor Nichols and Joy daily help the and the Water Infrastructure Network have all many do not. Current law limits Federal juris- less fortunate and hungry, as well as the found shortfalls in wastewater infrastructure diction over hate crimes to incidents that occur many people who make up their congregation. funding over the next 20 years in the hun- during the exercise of federally protected ac- To appreciate the high esteem in which Cal- dreds of billions of dollars. tivities, such as voting, and does not permit vary Cathedral and Pastor and Mrs. Nichols It is critical for the federal government to do Federal involvement in a range of cases in- are held today, one must understand the hum- more to help meet these needs. Local rate- volving crimes motivated by bias against the ble beginnings from which they come. payers already pay 90 percent of the burden victim’s sexual orientation, gender or disability. In 1964, after 10 years in full time ministry, and face rising water and sewer rates every This loophole is particularly significant given God called Pastor Nichols to start a church year. The federal government must once the fact that four States have no where all faiths were welcome and members again become a partner with local and state laws on the books, and another 21 States of the church could grow in faith. With no governments to provide the necessary funds have extremely weak hate crimes laws. members or financial resources, Pastor Nich- to protect our watersheds and citizens. If enacted, this legislation would give the ols started Calvary Cathedral in an old post of- Additional investment in the Nation’s water Federal Government the jurisdictional tools fice building. By 1976, Calvary Cathedral had and sewer systems also creates jobs for necessary to assist local law enforcement in grown to the point that the congregation pur- Americans. For every $1 billion spent on water fighting the scourge of hate violence. In in- chased a historic, 2,000-seat church on the and wastewater construction, 42,000 jobs are stances where State and local governments banks of the Trinity River. That site was home created. Billions of dollars are needed to help do not have the capacity to prosecute such to Calvary until it was destroyed by a tornado keep our water infrastructure strong and crimes, the legislation creates a Federal back- on March 28, 2000. In 2001, Calvary elected sound. The President requested $3.7 billion stop—the ability for the local U.S. attorney to to purchase the Midtown Church of Christ fa- for water and sewer projects in Iraq, high- ensure that justice will be done, deterring hate cility. The existing facilities and property, as lighting its critical importance to a working so- violence regardless of whether the victim hap- well as the construction of a new facility for ciety. Yet we are neglecting our own waste- pened to be engaged in a ‘‘federally pro- the Calvary Christian Academy, is enabling water systems here at home. tected’’ activity. And even in those cases, Fed- Pastor Nichols, Joy and the congregation to We should not allow another Earth Day to eral prosecution can only proceed if approved reach out to even more people. pass without making a firm commitment to our by the Attorney General. As pastor and president of Calvary Cathe- citizens and our communities. The federal The gruesome, hateful murders of James dral International, Pastor Nichols administers a government must become a full partner and Byrd and Matthew Shepard remain symbols of wide range of ministries that includes the Cal- provide its share of the billions of dollars that the incidence of hate violence that have only vary Christian Academy, the Calvary Day are needed to safeguard the integrity of our worsened since their deaths. Hate crimes do Care, Calvary Cathedral International Bible Nation’s water and wastewater infrastructure. not only visit unspeakable violence on the im- School, the Calvary daily Faith, Hope and f mediate victims, but also send a message of Love radio show, the Calvary jail and prison a desired apartheid that its sponsors want to ministry, the Stitches central city outreach pro- RECOGNIZING THE 100TH ANNIVER- violently enforce. gram and a foreign missionary outreach. SARY OF THE INDEPENDENT OIL The Local Law Enforcement Hate Crimes Through Lighthouse Television, Ltd., Pastor PRODUCERS’ AGENCY Prevention Act of 2004 is a constructive and Nichols reaches out with his message to resi- measured response to a problem that con- dents of Uganda. Not only does Pastor Nich- HON. WILLIAM M. THOMAS tinues to plague our Nation—violence moti- ols use the blessing of Calvary Cathedral to OF CALIFORNIA vated by prejudice. Our primary desire here is reach out to people, he is renowned for his IN THE HOUSE OF REPRESENTATIVES to ensure that these crimes get prosecuted by stewardship to other ministers, which has Thursday, April 22, 2004 State and local governments more effectively. earned him the title ‘‘Pastor to Pastors.’’ That’s why the bill authorizes funds to support Pastor Nichols and Joy demonstrated their Mr. THOMAS. Mr. Speaker, I rise today to State investigative and prosecutorial efforts. deep faith and their trust in God to carry forth recognize the 100th anniversary of the Inde- The bill is not and should not be treated as a during the Tornado of 2000 by being positive pendent Oil Producers’ Agency IOPA, which partisan exercise. As a Congress, we should about the tragedy that struck the church and IOPA will be celebrating on April 30. Specifi- be in unanimous agreement that there will be the Fort Worth community that day. They used cally, I want to congratulate them for all that ‘‘zero-tolerance’’ for the hate. This bill takes the disaster to instill hope and trust among they have accomplished and to wish them well the first step in that direction. church members and Fort Worth residents, as they begin their second century. Many people do not realize the incredible f alike. Mr. Speaker, it is my honor to recognize a amount of oil and natural gas production in the ON THE 40TH ANNIVERSARY OF church that has contributed so much to not State of California and particularly Kern Coun- THE FOUNDING OF CALVARY CA- only Fort Worth, but to the world. And it is my ty, which I represent. The magnitude of Cali- THEDRAL INTERNATIONAL, THE honor to praise the leadership and compas- fornia’s production is apparent when one con- 50TH ANNIVERSARY OF PASTOR sion that Pastor Nichols and his wife Joy have siders that in 2002, California’s 210 active BOB NICHOLS’ MINISTRY, AND exhibited during their 40 years of ministry at fields and 47,135 wells produced 289.5 million THE 50TH WEDDING ANNIVER- Calvary Cathedral International. barrels of oil, more than every state but Lou- SARY OF PASTOR AND MRS. f isiana, Texas, and Alaska. It is also apparent NICHOLS when one considers that over 26.8 billion bar- INVESTING IN OUR rels of oil have been extracted from California HON. KAY GRANGER INFRASTRUCTURE wells and that California’s estimated oil re- OF TEXAS serves are 3.7 billion barrels. In addition, in IN THE HOUSE OF REPRESENTATIVES HON. JOHN J. DUNCAN, JR. 2002, California’s 1,232 natural gas wells pro- duced 366 billion cubic feet of natural gas, Thursday, April 22, 2004 OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES and California’s cumulative natural gas pro- Ms. GRANGER. Mr. Speaker, I rise today to duction is 37.1 trillion cubic feet. It is hardly an recognize an outstanding church, an out- Thursday, April 22, 2004 overstatement to say that California’s energy standing pastor and a great couple in my dis- Mr. DUNCAN. Mr. Speaker, I rise today to production has been and is vital to the Amer- trict. On Sunday, April 18, 2004 Calvary Ca- express my strong support for investment in ican economy. thedral International celebrates the 40th anni- the infrastructure that provides our citizens However, none of this incredible production versary of its founding by Pastor Bob Nichols with clean and safe water. Our Nation’s com- would have been realized without the hard

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.078 E22PT1 E622 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 work, ingenuity, dedication, and sacrifice of for the politicking to end and H.R. 6 to be im- TRIBUTE TO ANNA B. ‘‘PEG’’ the men and women of IOPA. IOPA was plemented. My constituents, the American JACOBI formed in 1904, in the wake of the discovery people need solutions now. I am introducing of vast amounts of crude oil and natural gas this bill in an effort to pass a portion of our HON. JIM SAXTON beneath the rugged terrain of the southern long-term energy plan that can produce results OF NEW JERSEY San Joaquin Valley, including Kern County. now. IN THE HOUSE OF REPRESENTATIVES IOPA was formed to ensure that smaller pro- ducers, many of them families, received a fair In our legislation introduced last year, Con- Thursday, April 22, 2004 market price for the oil they produced, as can gressman MARKEY and I created legislation Mr. SAXTON. Mr. Speaker, I rise today to be seen in its mission statement: ‘‘It is the that would give builders and consumers a rea- pay tribute to my long-time friend, Anna B. mission of the Independent Oil Producers’’ son to construct housing and purchase equip- ‘‘Peg’’ Jacobi, a resident of the Borough of Agency to secure equitable prices for its mem- ment that not only saves the consumer money Tuckerton for more than a half century. bers’ crude oil and to serve these members at in the long run, but also helps save energy. Peg served as Tuckerton’s Mayor from 1994 the government, business, and industry levels We have taken this idea and have put it into to 1998, after retiring from 36 years of public service. She served as Tuckerton Borough in matters relating to advocacy, legislative, this bill along with other cost-saving provi- and regulatory affairs.’’ registrar, and secretary for the Board of sions. This legislation offers tax incentives to Utilizing the proven powers of a cooperative Health, tax collector, treasurer and executive marketing agency, IOPA has succeeded in encourage the production and sale of techno- director of the Tuckerton Municipal Utilities Au- achieving its objective. During the past cen- logically advanced, energy-efficient buildings thority. She was also a member of the Pine- tury, as it served its members, IOPA has also and equipment. The incentives will reduce lands Regional Board of Education for a dec- served our nation by providing a steady do- peak power demand, which can diffuse the ade. mestic source of oil during wars, shortages, risk of blackouts and high electricity prices. A charter member of both the Tuckerton and embargos. It is also important to note, Peak power shortages cost California $15 bil- Historical Society and the Tuckerton Seaport, and I appreciate the fact that, IOPA and its lion in 2000 alone. Peg was the first president of the New Jersey members have given back to the community Association of Rural Water and Watershed These tax incentives are performance by supporting youth activities, education, Utilities, and is currently president of Rural scholarships, museums, and hospitals. Ac- based, not cost based. One dollar of federal Water. She is also the current chairman of the cordingly, I trust that my colleagues will join tax incentives for energy efficiency offered Ocean County Utilities Authority, the Ocean me in congratulating IOPA upon their 100th today will not be paid until January–April 2005, County Board of Social Services, the Board of anniversary. but manufacturers will respond to the incen- the Southern Ocean County Hospital Founda- f tives by investing in production facilities for tion, and finance chair of the Lutheran Church more efficient products immediately. This will of the Holy Spirit and Ocean County Girl INTRODUCTION OF THE EFFECTER promote the creation of competitive markets Scout Council, where she originated the com- ACT ‘‘EFFICIENT ENERGY munity Christmas Tree on Lake Pohatcong. THROUGH CERTIFIED TECH- for new technologies and designs that are not widely available today, but have the possibility Married for 48 years to the late Egbert M. NOLOGIES AND ELECTRICITY RE- ‘‘Jake’’ Jacobi, Peg is the mother of four, of being cost effective to the consumer in the LIABILITY ACT OF 2004’’ grandmother of two, and great-grandmother of future. two fine boys. HON. RANDY ‘‘DUKE’’ CUNNINGHAM This bill will have the government lead by It has been a pleasure and a privilege work- OF CALIFORNIA example by cutting our own energy bills by up- ing with Peg Jacobi through the years, and I IN THE HOUSE OF REPRESENTATIVES grading our building energy efficiency stand- am proud to recognize her for her many, many Thursday, April 22, 2004 ards and purchase specifications, and reau- contributions to her community, county and State. I am proud, too, to call her my friend. Mr. CUNNINGHAM. Mr. Speaker, I rise thorizing Federal Energy Savings Performance f today as our country celebrates Earth Day to Contracts, which allow private companies to introduce the Efficient Energy Through Cer- partner with the government for mutually ben- DISEASE KNOWN AS CUSHING’S tified Technologies and Electricity Reliability eficial cost-effective energy savings. Finally, it SYNDROME EFFECTER Act of 2004. I am joined in this ef- includes mandatory electricity reliability re- fort by a substantial and diverse coalition of quirements that address directly the failures HON. JO ANN DAVIS my colleagues including Mr. MARKEY of Mas- that caused the blackout of 2003. OF VIRGINIA sachusetts, my Chairman Mr. LEWIS of Cali- This bill increases the security and reliability IN THE HOUSE OF REPRESENTATIVES fornia, Mr. MATSUI of California, as well as of the electric grid, while reducing natural gas Senator SNOWE of Maine and Senator FEIN- Thursday, April 22, 2004 STEIN of California. This bill is a more devel- and electricity prices by cutting the demand for Mrs. JO ANN DAVIS of Virginia. Mr. Speak- oped version of the EFFECT Act that Mr. natural gas and electricity in the near term, as er, I rise to recognize Americans suffering MARKEY and I introduced in March 2003. well as in the longer term. Grid security is im- from a rare and debilitating disease known as With the President’s Energy Plan currently proved by adopting mandatory standards for Cushing’s syndrome. Named after Dr. Harvey stalled in the other body, we believe that this operation. Williams Cushing, the early 20th century sur- bill can deliver on one of the less controversial The EFFECTER Act seeks to address two geon who discovered the disease, Cushing’s issues when it comes to energy policy—en- key power supply issues—electric reliability is a hormonal disorder that affects only 5 to 10 ergy efficiency. I support the President’s En- adults for every million each year. Symptoms and natural gas prices. Reducing peak electric ergy Plan and voted in favor of H.R. 6 when range from obesity to high blood pressure, it came before this body for final passage. Un- demand not only eases pressure on the elec- and if left untreated may result in infertility and fortunately, politics has prevented this fine leg- tric grid but also reduces utility demand for even death. islation from implementing a desperately need- natural gas, a major factor that has led to Unfortunately, like most other rare illnesses, ed energy policy in this country. higher prices. Over the next ten years, this Cushing’s patients are often mis-diagnosed, My constituents in San Diego suffered legislation can produce natural gas savings of delaying important treatment options. This was through the Energy Crisis during the summer over 3.3 quads annually—over 12 percent of the plight of my constituent, Jayne Kerns of of 2001. The aftershocks of the rolling black- total gas use; and peak electricity savings of Spotsylvania, Virginia. Suffering from many of outs and outrageously high energy prices are 145,000 megawatts—equivalent to 350 new the typical symptoms of the disease, Mrs. still being felt. Gas prices in California are cur- power plants of 400 MW capacity. Kerns went undiagnosed through frequent rently the highest in the country at over $2.50 physician visits and medical testing for over a per gallon. The entire Eastern seaboard suf- Mr. Speaker, as we celebrate Earth Day, year until an educated medical observation fered through a major blackout last August, please join me in supporting the EFFECTER brought appropriate treatment. also suffering the consequences of needing Act which will help reduce energy needs and I bring Mrs. Kerns’ story to your attention, the comprehensive energy policy of H.R. 6. provide for a cleaner environment. Let’s re- Mr. Speaker, to raise public and medical We risk another major blackout and contin- spond to our country’s desperate needs today, awareness about the Cushing’s syndrome, a ually soaring fuel prices if we choose to wait before we have another energy crisis. serious and often elusive disease. Educating

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.081 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E623 Americans about Cushing’s, its symptoms and that might have been her brother’s. ‘‘Keep when it appeared Carlene might be respon- treatment options, is an opportunity to save that next to me . . . I ain’t never giving that sible for some costs of a funeral in Texas, lives. up,’’ Carlene said back then. ‘‘You don’t agreed to make up any difference. I’ll let you know how much we appreciate this. You know later who those folks are. She’s asking f have no idea.’’ the government to pay for an airplane ticket TRIBUTE TO UNITED STATES MA- The story about the dog tag and the man it so her other brother, Willie, can make it out RINE CORPS STAFF SERGEANT might have belonged to was probably one of to Bremond from Detroit for the funeral. the most important things I have written. Carlene’s the oldest. Willie is next. Denny DENNIS W. HAMMOND Denny Hammond, for some reason, became was the baby—he was only 23 when he died in part of my life. I have a POW bracelet with the jungles of Vietnam. HON. ROBERT E. ANDREWS his name on it. His high school graduation When she sets the date, a Marine will be OF NEW JERSEY picture is somewhere on my desk at home. I assigned to guard Dennis Hammond’s casket IN THE HOUSE OF REPRESENTATIVES have an ancient arrowhead Denny’s nephew 24 hours a day as it travels from Hawaii to gave me. I think about Denny Hammond a Bremond, Texas. There will be a full-tilt Thursday, April 22, 2004 lot. military funeral, complete with 21-gun sa- Mr. ANDREWS. Mr. Speaker, I rise today to Last week, Carlene Tackitt was notified by lute. pay tribute to United States Marine Corps the government that her brother’s remains My pal, Gene Lillie, himself a Marine Staff Sergeant Dennis W. Hammond who was had been located and were now in Hawaii. I Corps Vietnam veteran, has already mailed got the news Sunday in an e-mail from Carlene his POW bracelet that bears Denny’s captured by the Viet Cong on February 8, Carlene’s daughter-in-law. ‘‘We wanted you name. I’m still wearing mine. I figure I’ll 1968 and died in a Prisoner of War camp in to know this because you had played a part give it to Carlene in person—at the funeral. March, 1970. Staff Sergeant Hammond was in finding a piece of him and thought you I plan to be there when Dennis Hammond’s one of several American POWs who were might want to know how his story ends fi- long journey home finally ends. held at a camp in Quang Nam Province num- nally . . . his family has gotten the peace we bered ST18. He attempted escape with the need.’’ When I got the news, I cried, then [From the Gloucester County Times, Apr. 20, other POWs in the spring of 1968 and was wanted to smoke a cigar, drink some cham- 2004] shot in the leg by Montagnards in a nearby vil- pagne, dance, sing. I hope to talk to Carlene MARINE’S CHARISMA TOUCHING MANY soon. Dennis Wayne Hammond’s long jour- (By Jim Six) lage. After 36 long years, the Department of ney is almost at an end. He will be buried in Defense has positively identified Staff Ser- Texas, next to his mother and father, some- How does a Marine who died in Vietnam geant Hammond’s remains and will lay him to time in March. Boy, I’d like to be there for more than 34 years ago wind up affecting the rest with full military honors in Bremond, that. lives of so many people, many of whom never knew him in life? It’s a mystery, so far. Texas on May 22, 2004. On Saturday, May 22, I’ll be attending the Staff Sergeant Hammond’s story was [From the Gloucester County Times, Apr. 6, 2004] funeral of Dennis W. Hammond, a Texas boy brought to my attention by a patriotic and by way of Detroit who joined the Marines, thoughtful newspaper reporter for the Glouces- MARINE’S JOURNEY HOME NEARS END served two tours in Vietnam, was captured ter County Times named Jim Six. Mr. Six has (By Jim Six) by the Vietcong in 1968 and died in a POW collected more than 400 dog tags from Viet- The U.S. contacted Carlene Tackitt earlier camp in 1970. nam and has spent over ten years trying to re- this year to tell her they finally had her I got drawn into his life, and death, when turn these identification tags to their rightful brother’s remains. Marine Corps Staff Sgt. I was able to present one of his dog tags to owner or next of kin. As part of this statement, Dennis W. Hammond was captured by the his sister, Carlene Tackitt, in Mexia, Texas Viet Cong on Feb. 8, 1968 and died in a Pris- in 2001. Dennis’ parents, Ernest and Opal, are I am submitting three columns published by oner of War camp in March, 1970. buried nearby in Bremond, Texas. After all Jim Six to be included as part of the RECORD. I’ve been anxiously awaiting news of how these years, Dennis is coming home. His re- [From the Gloucester County Times, Feb. 4, they finally found Denny’s remains. As it mains—possibly found in the mid to late 2004] turns out, the U.S. may have had Denny’s re- 1980s but only recently identified thanks to MARINE’S LENGTHY JOURNEY NEARS END mains for almost 20 years. DNA testing—will be returned to Texas. (By Jim Six) A team went to Carlene’s house in Mexia, Mike ‘‘Tiny’’ Readinger served with Dennis They found him! After 36 years, U.S. Ma- Texas, Saturday—a full-dress Marine, a DNA in 1968 in a Combined Action Program unit rine Sgt. Dennis Wayne Hammond is on his expert, someone from mortuary services. that lived and worked among the Viet- way home from Vietnam. Carlene chose to bury her brother in namese. Dennis was ending his second tour You may remember a story I wrote back in Bremond, Texas, rather than Arlington, be- in the country, had just a couple weeks left 2001. I have more than 400 dog tags that I cause Bremond is where his parents, Opal until he’d go home. gave a friend a hundred bucks to buy from a and Ernest, are buried. Dennis went out with a hastily assembled street vender in Vietnam in 1993. The dog Having given Carlene what we think was rescue team to help an ambushed unit. They tags may or may not have belonged to Amer- her brother’s dog tag in January, 2001, it was were overrun by something like 300 Vietcong ican servicemen. The jury is still out on pretty exciting news when I got word on Feb. fighters. Most were killed, only one or two that. 1 that they’d identified Denny’s body. I escaped and a couple, including Dennis, were But one of the dog tags matched a real per- thought he might have been one of four GIs captured. son. whose remains had been found in north cen- Dennis tried to escape, got shot, was beat- Denny Hammond was captured by the Viet tral Vietnam in mid-January. It seems I was en and nearly starved by his captors. In Cong on Feb. 8, 1968, almost exactly 36 years wrong about that. March 1970, he died, weighing something like ago. He was shot trying to escape and never ‘‘Daddy was probably right,’’ Carlene said 89 pounds, They say he was reciting the mili- quite recovered. By March 1970, the once- when she called me Monday. Back in 1985, tary oath of allegiance, more probably the strapping Marine weighed about 89 pounds. the government believed they had found military Code of Conduct, when he died. He died, some say, while reciting the mili- Denny’s body. Somebody changed their Mike found out about Dennis’ recovery tary oath of allegiance. mind, though, and announced the remains only a few days ago. His voice cracks when Previous efforts by the U.S. government to they had found were really too small to be he tells about starting to read the e-mail. He find Denny’s body had been unsuccessful. In those of a Caucasian and were probably those had to get up and go out into his backyard 1995, a former POW who had helped bury of a Montagnard tribesman. Carlene’s father for a while before getting his wife to read the Denny was able to lead searchers to the didn’t quite buy that story and thought rest of the message. He read it several times grave, but it was empty. those remains probably really were his son’s. after that. On Jan. 20, 2001, in Mexia, Texas, I handed Finally, modern technology caught up Andy Anderson is a school teacher in Fort Carlene Tackitt a dog tag bearing the name with Dennis Hammond. Carlene gave the Worth who ‘‘adopted’’ Dennis Hammond of her brother, Denny Hammond. Carlene’s government a DNA sample two years ago. after getting a POW bracelet bearing his mother, Opal, had died in 1981, out of her Recently, they told her Saturday, they start- name. Anderson is so involved with Dennis, mind with grief for the son who had been ed rechecking more than 860 boxes of re- he has had his students write about the POW captured in the jungles of Vietnam. Before mains from Vietnam. They showed her a pic- every year on Feb. 8. Anderson usually felt Carlene’s dad died, he said it was probably ture of bones they believe are her brother’s. quite depressed on Feb. 8 each year. This the not knowing that had killed Opal, the They made a DNA match through a tooth. year, he didn’t and, in retrospect, wonders not knowing where her boy was. Carlene signed a paper Saturday saying she whether he subconsciously knew Dennis My visit to Mexia was brief, just long accepts the proof and believes these par- Hammond had been found and was on his enough to be the recipient of Carlene’s Texas ticular remains are those of her brother, way home. hospitality and to hand her a donated jew- Dennis. Marty Eddy spent 17 years heading the elry box containing that old dog tag. When I wrote about this in February, sev- Michigan POW/MIA Committee and, because She clasped that little piece of metal eral people contacted me immediately to Dennis had enlisted in Detroit, has followed tightly, not wanting to let go of something offer to pay my way to the funeral. Others, his amazing story. She never met Dennis,

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.085 E22PT1 E624 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 but has a friend who went through boot camp ceived the 2004 Pioneer Women Award. In we move forward and stop these atrocities with Hammond. March 2002, she was recognized as one of from repeating themselves over and over Now comes the funeral. We’ll all meet—his the most outstanding residents in the San Fer- again. sister from Texas, his brother from Detroit, the comrade-in-arms from Indiana, the nando Valley. In 1998, the Speaker of the As- f teacher from Fort Worth, the woman and sembly bestowed upon her the San Fernando Valley’s Woman of the Year Award. Her H.R. 1799—THE GUARDSMEN AND boot camp pal from Michigan, the journalist RESERVISTS FINANCIAL RELIEF from Gloucester County. achievements are legion and recognition is Maybe then I’ll find a clue to this incred- well deserved. ACT OF 2003 ible mystery, to the charisma of this re- Mr. Speaker, I ask my colleagues to join me markable hero who died never knowing how in honoring and congratulating Dr. Weider for HON. LORETTA SANCHEZ much he’d affect lives of family, friends and all of her wonderful accomplishments and her OF CALIFORNIA complete strangers. unyielding commitment to education and pub- IN THE HOUSE OF REPRESENTATIVES f lic service. Thursday, April 22, 2004 f TRIBUTE TO DR. TYREE WEIDER Ms. SANCHEZ of California. I would like to COMMEMORATION OF THE 89TH express my strong support for H.R. 1779, the HON. HOWARD L. BERMAN ANNIVERSARY OF THE ARME- Guardsmen and Reservists Financial Relief OF CALIFORNIA NIAN GENOCIDE Act of 2003. This bill would allow penalty-free IN THE HOUSE OF REPRESENTATIVES withdrawals from retirement plans during the period that a military reservist or national Thursday, April 22, 2004 HON. SANDER M. LEVIN OF MICHIGAN guardsman is called to active duty for an ex- Mr. BERMAN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES tended period. pay tribute to Dr. Tyree Weider who is cele- It is now more important than ever to work brating her 10th anniversary as President of Thursday, April 22, 2004 to mitigate the financial hardship we are plac- Los Angeles Valley College. She is a remark- Mr. LEVIN. Mr. Speaker, I rise today to ing on our reservists. At the outset of Oper- able woman whose accomplishments are ex- commemorate the 89th anniversary of one of ation Iraqi Freedom, both the White House traordinary. history’s most terrible tragedies, the Armenian and Department of Defense spoke of swiftly Dr. Weider was raised in South Central Los Genocide. achieving victory in Iraq and bringing our Angeles. She attended local public schools On April 24, 1915, 300 Armenian leaders, servicemembers home within a few short and began her career path as a student at intellectuals and professionals were rounded months. Compton Community College. She completed up in Constantinople, deported and killed, Despite the valorous efforts of our military her Bachelor’s degree in sociology at Cali- under orders from the Young Turk govern- personnel, it is clear that we are facing a very fornia State University Northridge and earned ment. This was the beginning of a campaign different picture. According to DOD, stabilizing a Master’s degree in Educational Psychology. of terror resulting in the deaths of 1.5 million and ultimately winning the peace in Iraq will A few years later, she received her Doctorate Armenians and the deportation of more than require the mobilization of at least 100,000 to degree in Higher Education Administration 500,000. 150,000 reserve component personnel annu- from the University of California Los Angeles. The government of the Ottoman Empire jus- ally for the next several years. Reserve com- Early in her career, Dr. Weider worked as tified this policy by claiming it was necessary ponent personnel comprise nearly 40 percent an Employment Counselor for the State Em- to suppress revolts being launched by Arme- of our current force, whereas they only com- ployment Service in Compton, South Central nians as a consequence of the ongoing mili- prised 2.0 percent of the initial force used in Los Angeles, and Pacoima. She also worked tary operations of World War I. This assertion the invasion. as a therapist in adult outpatient mental was patently denied by survivors and wit- In light of the tragic upsurge in violence over health. She then moved to Los Angeles Mis- nesses. United States Ambassador to the the last month, 20,000 soldiers recently sion College to serve as Dean of Student Af- Ottoman Empire Henry Morganthau reported learned that their year-long deployments to fairs and was later appointed Dean of Aca- at that time, ‘‘Deportation of and excesses Iraq had been extended for an additional 3 demic Affairs. She was then selected as the against peaceful Armenians is increasing and months. Nearly one-fourth are reservists. Director of Educational Programs for the Los from harrowing reports of eyewitnesses it ap- It is apparent that our success in Iraq and Angeles Community College District. In 1989, pears that a campaign of race extermination is Afghanistan, and in the broader war on ter- she began working at Los Angeles Valley Col- in progress under a pretext of reprisal against rorism, is dependent on the continued commit- lege as the Vice President of Academic Af- rebellion.’’ ment of our reservists. And I don’t think we fairs. In 1995, Dr. Weider became the Presi- Not content with perpetrating this atrocity, are doing enough right now to ensure that dent of the College. the Young Turks denied a genocide had taken they are being adequately compensated for Since becoming President, Dr. Weider has place. Generations have since been raised de- their sacrifice. taken significant steps to revitalize the campus nying this tragedy. Such denials are refuted by According to GAO, nearly 41 percent of re- to benefit students and the community at the archival documents and first-hand ac- servists are impacted by a pay discrepancy large. Under her guidance, the college has counts found in such recent scholarly works between his or her military and civilian salary. begun developing plans for the construction of as Peter Balakian’s The Burning Tigris and This is taking its toll. Not only are families five new educational buildings and major ren- Samantha Power’s A Problem From Hell. Di- racking up credit card debt, falling behind on ovations to several campus facilities. Dr. rector Atom Egoyan presented the horror of bills, and losing businesses, but many are Weider has also forged innovative partner- the siege of Van in his film Ararat, which was grappling with not re-enlisting when their serv- ships with various businesses and organiza- based, in part, on the memoirs of Clarence ice is up. tions in the community to provide students an Ussher, an American physician and mis- And the fear of financial hardship may be opportunity to perform community outreach sionary working in Turkey at the time. hurting recruiting efforts. In 2003, every active and become involved in public service. In Detroit and its surrounding suburbs live and reserve component achieved its recruiting Over the years, Dr. Weider has proven to one of the largest Armenian-American commu- goals except the Army National Guard, which be a tireless leader for numerous community- nities in the United States, many of whom are fell short of its recruiting goal by 7,798 (12.6 based agencies and organizations. For exam- the children and grandchildren of survivors or percent). ple, she is currently a member of the Cali- actual survivors themselves. This weekend, I We must begin to alleviate the financial bur- fornia Community College CEO Board of Di- will be attending a commemoration ceremony den on reservists, and I believe this bill is an rectors and a member of the advisory com- at St. John’s Armenian Church in Southfield, important step in the right direction. However, mittee of the Auto Club of Southern California. Michigan, in which some of these individuals it is not enough. Simply allowing our reservists She has also served on the Board of Directors will be in attendance. To those who suggest to raid their retirement is not the answer. for Northridge Hospital Medical Center, Uni- that this ruthless genocide of a people and We must provide better re-enlistment bo- versal City Tomorrow, the Economic Alliance culture did not happen, I ask, what further tes- nuses, we must secure the extension of of the San Fernando Valley, Catholic timony could the world possibly want? TRICARE benefits, we must secure the con- Healthcare West and Temple Ahavat Shalom. Mr. Speaker, for myself and my constitu- tinuation of hazardous duty pay and family Dr. Weider’s hard work and leadership de- ents, I rise today to urge those who deny this separation allowance, and we must continue serves acknowledgement. Recently she re- genocide to accept it as fact. Only then can to push for pay raises for our military families.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.090 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E625 In short, we must do everything in our power member this one day that something really American leader who made a tremendous im- to compensate our guardsmen and reservists horrible happened. I was walking down the pact in the lives of many throughout the North for their unprecedented sacrifice. hall when all of a sudden this lady started Texas community. screaming. I looked around, waiting for f someone to come running and help her. I Mrs. Viola Pitts, a native born Texan, spent INTRODUCING CASSANDRA waited for about ten seconds, but no one the vast majority of her life in the heart of came. I ran towards the nurses’ station to Como, a historically black neighborhood in TAMEZ’S ESSAY INTO THE CON- see if anyone was on their way. Three of GRESSIONAL RECORD west Fort Worth. Her vigorous efforts to them were just standing there. I knew they strengthen the voter turn out amongst African could hear the woman screaming . . . I want- ed to tell them something, but was it my Americans, earned her the title of ‘‘unofficial HON. RON PAUL place? I returned to the woman screaming mayor of Como.’’ Mrs. Pitts’ determination, te- OF TEXAS instead. As soon as I walked in the room she nacity and honesty earned her the respect of IN THE HOUSE OF REPRESENTATIVES said, ‘‘Help me, Honey. Please, it’s my leg. I many top elected public officials in North Thursday, April 22, 2004 need to move it.’’ I moved forward to help Texas. her, but then I hesitated. What if her legs Mr. PAUL. Mr. Speaker, I am pleased to were not supposed to be moved? Could I hurt Mrs. Pitts, who was never afraid to confront enter into the CONGRESSIONAL RECORD the fol- her if I moved them? By this time I was get- an issue, worked tirelessly to ensure that the lowing essay by Miss Cassandra Tamez, a ting frantic. I told her I would go get some- Como community received proper funding for high school student who resides in my Con- one to help and ran out. I took five steps out their community center, elementary school, the door, and a nurse was standing there, gressional district. Miss Tamez’s essay, enti- and neighborhood streets. Her selfless con- calmly writing on a piece of paper. ‘‘Um, I tribution to the Como area were recognized tled ‘‘My Commitment to America’s Future,’’ think that lady needs some help’’, I told her. earned her a Voice of Democracy Scholarship She looked up in annoyance and shouted to and honored in 2000, when Tarrant County of- award from the Veterans of Foreign Wars. I another nurse that she needed something for ficials renamed the new medical clinic to JPS am very proud of Miss Tamez’s efforts and I ‘‘The Screamer.’’ I stood there for a moment Health Center—Viola M. Pitts/Como. wish her well in her future endeavors. in shock. They acted as if this woman were Mrs. Viola Pitts was truly a civic minded in- just a nuisance. At that moment I felt ha- dividual who helped make the Fort Worth ‘‘MY COMMITMENT TO AMERICA’S FUTURE’’ tred; clearly that woman was in pain. I did (By Cassandra Tamez) not know what was wrong with her, and I community a better place to live by simply When I think of the word ‘‘commitment,’’ could not help her. There was no point in my being active and involved. Hopefully, through an image of my school’s athletic teams pops being there. her memory we can all continue to draw on into my mind. I think of what the coaches Taking all of my experiences into consider- these same personal qualities that so many of used to say during their pep talks before a ation, I think this is exactly how many other us have come to respect and admire. people think; they feel helpless and insignifi- game, ‘‘There’s no question about it, we’re Mr. Speaker, I honor Mrs. Viola Pitts for her going to win tonight. I have seen the effort cant. They feel too small to make any real put in by this team . . . We have determina- difference in the world. And then I came lifelong contributions and commitment to the tion; we have dedication; and we have com- across this poem by Edward Everette Hale. residents of the Fort Worth community. mitment.’’ My teammates and I would get He said, really ‘‘pumped up.’’ We were ready to go out I am only one, f there and win. Looking back now, though, I But still I am one. do not think that as individuals we were I cannot do everything HONORING SELMA F. BARTLETT truly committed, because commitment is But still I can do something. not merely an effort for one game but for And because I cannot do everything every practice and every game. I will not refuse to do HON. JON C. PORTER I think commitment is doing something, The something that I can do. OF NEVADA whether you have the ability to or not, and I have to admit that this poem has inspired sticking with it. Commitment is following me. Because even though I am but one speck IN THE HOUSE OF REPRESENTATIVES through every single day. Commitment is fo- of sand on a beach, I know that I am a solid cusing solely on the one thing that you com- and firm speck, and that there are other Thursday, April 22, 2004 specs like me that compose the sand. I am mit yourself to. Commitment is binding Mr. PORTER. Mr. Speaker, it is with great yourself to something. It is a pledge. one of many who may carry the optimistic So with all this in mind I ask myself, what attitude of commitment to America. Once pleasure that I stand here today and honor an is my commitment to America’s future? again, I think back to my efforts of recy- individual that has been dedicated to her com- Should I recycle or join a beautification cling, donating money, and pledging my munity for over 50 years. Selma F. Bartlett committee to preserve America? Should I do- time, and realize that they were not futile has been a resident of Henderson Nevada nate money to foundations that help kids? efforts at all. When I recycled, I know it was since 1954, when she began working as a Or perhaps I could pledge my time to hos- probably only thirty newspapers out of tril- banker. In 1958 Selma became one of Ne- pitals or nursing homes to help the sick peo- lions in the world, but what if I recycled once a month? That would be 360 newspapers vada’s first female bank officers, in which she ple of America . . . served in many capacities. Most people would probably think that my a year for a lifetime. I might save a beautiful efforts in any of these would make little dif- tree or even more. As for donating money, Selma Bartlett has given of her time freely ference. After all, I am only one person, a well 88 cents a day from me might not feed and without reserve to the many business and speck of sand on a beach. a child, but if only nine more people in my civic organizations surrounding her in South- state donate 88 cents, then that child has a Recycling . . . Yes, collecting cans and ern Nevada. She has helped Henderson, Ne- glass bottles would be a Tremendous help. total of $8.80, my estimate of money needed for a day. Now, as far as pledging my time vada to become what it is today through her My mother recycles. I went with her one day service and dedication to the people there. to help her put all our old newspapers in the goes, I do not think my time spent in the recycling bin. I started thinking. How many nursing home was a complete waste. I did Through continually striving for the progress, people are there in the world, billions? Out of help one patient who was in pain. success, and growth of Henderson through So once again, what is my commitment to all these people, how many recycle? I her support of educational needs within the America’s future? My commitment is to laughed to myself, probably not that many. community, she has been able to win many ‘‘play to my strengths.’’ My commitment is My mom was definitely wasting her time. to do my best. Like the patriotic commer- friends and the respect that only those like her Donating money . . . I am not rich. How cials on television say, ‘‘We, the children, can achieve. Her example will be a lasting one could the amount of money that I give even are America’s future,’’ and every bit we can in which all will be able to look to for the fu- help one person with cancer or in need of do helps. help? I have seen programs on T.V. that talk ture. Children will have the opportunity to at- about saving the life of a child by just donat- f tend a school named after Selma in which her example will be a lasting impression upon ing 88 cents a day. Then I began thinking TRIBUTE TO VIOLA PITTS about how much it costs for me to eat for those that attend the school. just one day. I estimated that my food alone Mr. Speaker, I congratulate Selma Bartlett costs eight to fifteen dollars. How could a HON. MARTIN FROST on her successes and on her dedication to her OF TEXAS child survive on 88 cents a day? Is it pos- fellow neighbors and colleagues. I know that sible? IN THE HOUSE OF REPRESENTATIVES she will continue to give to those in her com- Pledging my time . . . I used to do volun- Thursday, April 22, 2004 teer work in a nursing home. I would go munity and I sincerely hope that those around there every day during the summer and try Mr. FROST. Mr. Speaker, I rise today to her will see her as an example and learn from and help out however I could. However, I re- commemorate the late Viola Pitts, an African her teachings.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.093 E22PT1 E626 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 PERSONAL EXPLANATION versary of its move to Wynnewood, Pennsyl- service in Iraqi Freedom and a Certificate for vania and for its 50 years of dedication and Order of the Golden Spur. Specialist Alvarado HON. CHARLES A. GONZALEZ service to the Wynnewood community. has also been nominated for the prestigious OF TEXAS Established in 1860, Lankenau Hospital is Soldiers Medal for rescuing a fellow soldier in IN THE HOUSE OF REPRESENTATIVES an acute care teaching hospital with an affili- Iraq. ated medical research center on its campus. Thursday, April 22, 2004 Specialist Alvarado now resides in San An- In 1953, Lankenau moved to its present loca- tonio and serves in the Garrison Headquarters Mr. GONZALEZ. Mr. Speaker, on rollcall tion in Wynnewood, Pennsylvania where it at Fort Sam Houston. He has been happily Nos. 118, 119, 120, had I been present I continues its contribution to the overall quality married for six years and has three children. would have voted ‘‘yes.’’ of life in communities throughout the entire Specialist Alvarado served and continues to f Delaware Valley. Lankenau Hospital is known for its pio- serve our country valiantly. Mr. Speaker, it is PAYING TRIBUTE TO THE neering vision in the field of medicine. Its spe- my great honor to recognize him today. GORNICK FAMILY cialties include: a heart center, a neonatal in- tensive care unit, accredited sleep medicine f HON. SCOTT McINNIS services and a cancer center. Lankenau Hos- TRIBUTE TO REVEREND LACY R. OF COLORADO pital offered the first cobalt radiation unit in the HARWELL SR. IN THE HOUSE OF REPRESENTATIVES Philadelphia area and the fourth in the coun- try. It opened the first hospital-based health Thursday, April 22, 2004 education museum in the country, while also HON. JIM DAVIS Mr. MCINNIS. Mr. Speaker, it is with great creating the first suburban kidney transplant OF FLORIDA pride that I rise today to pay tribute to a dedi- program (now in its tenth year) and the area’s cated family that has provided a tremendous first suburban heart failure and transplant pro- IN THE HOUSE OF REPRESENTATIVES service to the Pueblo community for many gram which recently performed its first trans- Thursday, April 22, 2004 years. Rose and Jack Gornick, the original plant on a patient from Philadelphia. founders of the Gornick Furniture Store, and Above all, Lankenau Hospital has a history Mr. DAVIS of Florida. Mr. Speaker, I rise in their sons Jack Jr. and Gene, and now Jack’s of an outstanding medical staff, including phy- honor of Reverend Lacy R. Harwell Sr., a man grandsons Ken and Scott have devoted their sicians who are internationally-recognized who faithfully dedicated his life to serving his time to helping Pueblo citizens improve the innovators in the treatment of cancer, heart family, his congregation, his community and decor of their homes. I would like to join my disease, kidney disease, and other disorders. his country. colleagues here today in recognizing their For example, it was a Lankenau physician The City of St. Petersburg was blessed with longstanding generosity and creative endeav- who developed the first digital hearing aid. Rev. Harwell’s talents starting in 1969 when ors before this body of Congress. The Hospital is proud to have served hun- he came to serve as senior pastor at Maximo What initially began in 1928 as a small but dreds of thousands of patients during the past Presbyterian Church. For a quarter of a cen- successful grocery store on Northern avenue, 50 years in Wynnewood. The community has tury, Rev. Harwell guided his congregation has transitioned into a blossoming and pros- benefited greatly from the outstanding con- and ministered to the poor and downtrodden. perous furniture store that has kept genera- tributions of Lankenau Hospital and its staff tions of customers coming back to furnish their and area citizens, look forward to a bright fu- Rev. Harwell worked to establish substance homes. The Gornick family has devoted over ture of medical achievement and service. abuse programs in the community. As a mem- eighty years of long hours in the store and at Mr. Speaker, I ask that my colleagues join ber of the board of Bayfront Medical Center, trade shows, taking risks to find the cutting- me today in recognizing Lankenau Hospital for he fought for better health care services for edge pieces of furniture that will lure cus- its 50 years of exemplary service to the the poor. tomers into their store. Despite the tough Wynnewood community and the Common- As St. Petersburg struggled with racial con- years during World War II in the grocery busi- wealth of Pennsylvania. flicts, Rev. Harwell worked to unify the com- ness, and the immense amount of devotion f munity. In the 1970s, after the Pinellas County that goes into the furniture business, the fam- School Board ordered the busing of school ily has maintained their Slovenian tradition, RECOGNIZING SPECIALIST children to further integrate public schools, which prides itself on providing the customers ENRIQUE ALVARADO Rev. Harwell, who served on the School innovative items with high quality. The family Board’s Bi-racial Committee, called a special has been able to watch their combined hobby HON. CIRO D. RODRIGUEZ meeting of his congregation to encourage par- and business interests bear fruit as childhood OF TEXAS ents to support public education and to refrain friends grew up to become loyal customers. IN THE HOUSE OF REPRESENTATIVES from pulling their students out of the schools. Mr. Speaker it is a privilege to honor the Thursday, April 22, 2004 Rev. Harwell ministered to his community in Gornick Family for their many years of dedica- countless other ways. He was a chaplain and Mr. RODRIGUEZ. Mr. Speaker, I rise today tion to the Pueblo community. They are lucky student government adviser at the University to recognize U.S. Army Specialist Enrique Al- to inherit and pass along to future generations of Florida, a charter member of the Commu- varado, a resident of the 28th district of Texas a wonderful business that gives people a rea- nity Alliance, and he served on the boards of and, most importantly, a returning hero from son to come home to peaceful and relaxing trustees for Eckerd College, St. Petersburg Operation Iraqi Freedom. locales that offer salvation from the hectic Junior College and the Presbytery of South- Specialist Alvarado grew up in Villa Coro- pace of today’s modern world. The Gornick west Florida. In 1986, the local chapter of the nado on San Antonio’s Southside and grad- family is truly a gem in the Pueblo community National Conference of Christians and Jews uated from Southside High School in 1993. In that I hope will long endure as an example of honored Rev. Harwell for his ‘‘strong commit- 1999, Specialist Alvarado enlisted in the US amiable citizens that inspire future generations ment to interfaith service and community in- Army and was assigned as a Cavalry Scout in to work hard and to achieve their dreams. I volvement.’’ wish them all the best in their future endeav- Iraq with the Scout Platoon of the 2nd Bat- Before entering the ministry, Rev. Harwell ors, and I thank them for their service. talion 7th Infantry Regiment, 3rd Infantry Divi- served his country in the U.S. Coast Guard f sion based in Fort Stewart, Georgia. In Operation Iraqi Freedom, Alvarado and then as a chaplain in the U.S. Naval Re- RECOGNIZING LANKENAU served courageously with his fellow soldiers of serve. By the time he retired as a Captain in HOSPITAL the 3rd Infantry Division who, along with its 1986, he had earned the USNR American De- supporting units, was awarded the Presidential fense Medal, Armed Forces Reserve Medal, HON. JIM GERLACH Unit Citation. During Operation Iraqi Freedom, and the USCG Commendation Medal. OF PENNSYLVANIA the division defeated or destroyed four Repub- The citizens of St. Petersburg, as well as IN THE HOUSE OF REPRESENTATIVES lican Guard Divisions, one Iraqi Regular Army Philadelphia, where Rev. Harwell had also Division, three Special Republican Guard Bri- ministered, were very fortunate to have him as Thursday, April 22, 2004 gades, and thousands of paramilitary forces. a devoted servant. On behalf of our commu- Mr. GERLACH. Mr. Speaker, I rise today to Individually, Specialist Alvarado received an nity, I would like to extend my deepest sym- recognize Lankenau Hospital on the 50th anni- Army Commendation Medal (ARCOM) for his pathies to Rev. Harwell’s family.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.098 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E627 PAYING TRIBUTE TO THE DENT Public Library, the Schwenksville Library, and Latina Leadership Excellence Award from the FAMILY the McCann Library were founded and all US Army and Hispanic Magazine and the went on to eventually become branches of the 2002 Women at their Best Award from Saturn HON. SCOTT McINNIS Montgomery County-Norristown Public Library. and Glamour. Recently, Hispanic Business OF COLORADO In 1942, the Library officially changed its named LTC Kickbusch in their list of the 100 IN THE HOUSE OF REPRESENTATIVES name to the Norristown Public Library with the Most Influential Hispanics in America. financial backing of the Norristown Borough For the past three years, LTC Kickbusch Thursday, April 22, 2004 Council. The name was changed again in has traveled the country speaking to youth Mr. MCINNIS. Mr. Speaker, it is with great 1968 when it merged with the Montgomery through the Yo Soy El Army National Motiva- pride that I rise today to pay tribute to a dedi- County Free Library. The Library was then tional Youth Tour. This program reaches out cated family that has been servicing the cars given its present title of the Montgomery to Hispanic youth who face many of the chal- of residents in the Pueblo, Colorado commu- County-Norristown Public Library. lenges encountered by LTC Kickbusch grow- nity for many years. James Dent and his sons In addition to the Library’s impressive ing up in Laredo. LTC Kickbusch offers them Dan, Josh and Roland Dent along with broth- growth throughout the years, the Library has a a positive role model who can identify with the er-in-law Dave Humphries, have devoted their history of contribution to the community. The everyday struggles these young people face. time to providing a valuable customer service. Library established the Backyard Library Van She offers a message that promotes leader- I would like to join my colleagues here today program, along with launching programs like ship, determination, and integrity. in recognizing their generosity and long- the ‘‘Mini-Bookmobile’’ for senior citizens, and Mr. Speaker, I am proud to represent such standing commitment before this body of Con- ‘‘Books-Go-Round,’’ a bookmobile for children a hard-working, dedicated individual as LTC gress. in day care. Kickbusch. The immeasurable impact she has For over fifty years, the Dent Brothers serv- In 2001, the ‘‘Books and Me’’ program made on our nation’s youth deserves the high- ice station at the corner of Abriendo Avenue began at the Library under a grant from the In- est praise. and Lincoln Street in Pueblo have given their stitute of Museum and Library Services under f customers a true full service visit, including the provisions of the Library Services and cleaning the windows, checking the oil and Technology Act administered by the Common- TRIBUTE TO CIRCUIT JUDGE tires—not to mention pumping the gas. The wealth of Pennsylvania. ROBERT J. SIMMS dedication and warmth of the Dent Family has Mr. Speaker, I ask that my colleagues join kept generations of loyal customers coming me today in recognizing the Montgomery HON. JIM DAVIS back to their station. The Dent family has de- County-Norristown Public Library for its exem- OF FLORIDA voted over fifty years of long hours at the sta- plary service to the Montgomery County com- IN THE HOUSE OF REPRESENTATIVES tion despite inclement weather conditions and munity and the Commonwealth of Pennsyl- Thursday, April 22, 2004 the occasional customer mishap or prank. The vania. immense amount of devotion that goes into f Mr. DAVIS of Florida. Mr. Speaker, I rise in the family business has helped to send all honor of Circuit Judge Robert J. Simms, a twelve children through Catholic schools with RECOGNIZING LIEUTENANT COLO- dedicated public servant, whose sudden death the money earned from the store. NEL (RETIRED) CONSUELO has left his Hillsborough County colleagues Mr. Speaker it is an honor to recognize the CASTILLO KICKBUSCH and our entire community in shock and mourn- Dent Family for their many years of dedication ing. and commitment to their community. They are HON. CIRO D. RODRIGUEZ Judge Simms presided over a host of high- lucky to inherit and pass along such a wonder- OF TEXAS profile civil, criminal and family law cases dur- ful business to future family members. The IN THE HOUSE OF REPRESENTATIVES ing his time on the bench, but whether the cases were closely watched or obscure, Judge Dent family is a wonderful part of the Pueblo Thursday, April 22, 2004 community, and they serve as an example of Simms always strived to do his best and skill- hard work to inspire future generations. I wish Mr. RODRIGUEZ. Mr. Speaker, I rise today fully upheld the highest standards of justice. them all the best in their future endeavors and to recognize Lieutenant Colonel (Retired) A University of South Florida and Stetson I thank them for their service. Consuelo Castillo Kickbusch for her efforts to College of Law graduate, Judge Simms motivate and encourage youth across the f worked as a prosecutor for the Pinellas-Pasco country. I am especially proud of her work with and Hillsborough State Attorney offices, then RECOGNIZING THE MONTGOMERY the U.S. Army’s Yo Soy El Army Tour. as a criminal defense lawyer before being COUNTY-NORRISTOWN PUBLIC Born and raised in Laredo, Texas, LTC elected in 1990. He had been reelected to the LIBRARY Kickbusch overcame the challenges of poverty bench in 2002. to become the highest-ranking Hispanic Judge Simms served both on the Judicial Li- HON. JIM GERLACH woman in the Combat Support Field of the aison Committee for the Hillsborough County OF PENNSYLVANIA United States Army. LTC Kickbusch earned Bar Association and as an adjunct professor IN THE HOUSE OF REPRESENTATIVES many decorations during her service, including for the paralegal program at Hillsborough the Legion of Merit, the National Defense Community College. However, Judge Simms’ Thursday, April 22, 2004 Service Medal, Meritorious Service Medal colleagues will remember him best for his pa- Mr. GERLACH. Mr. Speaker, I rise today to (four times), and the Army Achievement Medal tient, unassuming and kind demeanor on and recognize the Montgomery County-Norristown (twice). off the bench. He was a judge’s judge and a Public Library on its 210th anniversary. In 1996, LTC Kickbusch retired from the powerful example to all who knew him. The Montgomery County-Norristown Public U.S. Army after 22 years of service. She On behalf of the Hillsborough County com- Library was founded in 1793 as the ‘‘Norris- moved to San Antonio and founded Edu- munity, I would like to extend my deepest town Library Company’’ by 90 families residing cational Achievement Services, Inc. (EAS). sympathies to Judge Simms’ family. His dedi- in Lower Merion, Norriton, Plymouth, Provi- Through EAS, LTC Kickbusch has realized her cation to service and justice will leave a last- dence, Whitemarch, Whitpain, and Worcester dream of impacting others and serves as a ing impression on our community and those Townships in Pennsylvania. The Library was motivational speaker to audiences ranging who strive to serve justice as well as he did. formally incorporated in 1796. One of the sign- from corporations like IBM to children living in f ers of the Library’s new charter was Pennsyl- some of the roughest neighborhoods in the vania Supreme Court Justice Thomas country. PAYING TRIBUTE TO JACK OTT McKean, who was one of the original signers LTC Kickbusch encourages all of her audi- of the Declaration of Independence. ences to perform to the best of their abilities, HON. SCOTT McINNIS The first library building was constructed in give back to their families and communities, OF COLORADO 1824 on land given by the Pawling family and to never give up hope. LTC Kickbusch IN THE HOUSE OF REPRESENTATIVES members, who were among the Library’s also promotes among her corporate clients the founders. The cost of construction was value diversity brings to the workplace. Thursday, April 22, 2004 $153.43. Her ability to connect to audiences and de- Mr. MCINNIS. Mr. Speaker, it is with great From 1898 through 1937, the Royersford liver these important messages has earned pride that I rise today to pay tribute to a dedi- Free Public Library, the Conshohocken Free LTC Kickbusch numerous awards, such as the cated forester and Korean War veteran from

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\K22AP8.012 E22PT1 E628 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 Mancos, Colorado. Jack Ott has devoted the nurses to prescribe medications. In the future, building for a bright economic future. I believe majority of his life to preserving our nation’s as our healthcare systems continue to evolve, that environmentalists and businesses can forests. His enthusiasm spirals throughout the I am certain the nursing profession will as unite to develop strategies that can respect community, as he encourages others to re- well. One thing is clear, nurses will play a vital our health, ecosystem, and promote economic spect their environment. I would like to join my role in the future of healthcare in America. growth, and I look forward to achieving that colleagues here today in recognizing Jack’s Today, there are nearly 2.7 million reg- goal. tremendous service to the Mancos community. istered nurses in the United States. These f Jack has recently been recognized by the nurses are working every day to save lives San Juan Chapter of the Society of American and maintain the health of millions of Ameri- TRIBUTE TO BUSTER AGLIANO Foresters for his fifty year membership in the cans. As a profession, they are one of the organization. After graduating from Michigan most respected and admired for their hard HON. JIM DAVIS State University in 1952, he joined the U.S. work and commitment to their fellow citizens. OF FLORIDA Forest Service, spending thirty years in the Mr. Speaker, National Nurses Week is an IN THE HOUSE OF REPRESENTATIVES Rocky Mountain Region. Jack began his serv- appropriate way to honor the work of all our Thursday, April 22, 2004 ice to this nation in the Korean War and today nation’s nurses and I urge my colleagues to is a life member of the Veterans of Foreign join me in this regard. And to the dedicated Mr. DAVIS of Florida. Mr. Speaker, I rise in Wars and National Rifle Association. He is nurses at Montgomery Hospital, I say thank honor of Buster Agliano, an Ybor City icon, also an active member of the community, you for your efforts. who recently lost his battle with cancer. serving as the Treasurer of the Mancos Ma- f Buster was a well loved fixture in the Ybor sonic Lodge and a dynamic member of the community. His family-owned seafood market, Mancos United Methodist Church. CELEBRATING EARTH DAY 2004 S. Agliano and Sons Fish Co., remained open Mr. Speaker, Jack Ott is a dedicated indi- for business long after other shops had aban- vidual who uses his talent to enrich the lives HON. CIRO D. RODRIGUEZ doned the Latin Quarter to make way for bars of members of his Mancos community. Jack OF TEXAS and nightclubs. The market, founded in 1915 has demonstrated a love for forestry that reso- IN THE HOUSE OF REPRESENTATIVES by Buster’s grandfather, had since turned its focus to wholesale business, but Buster al- nates in his compassionate and selfless serv- Thursday, April 22, 2004 ice to his town. Jack’s enthusiasm and com- ways kept the front case stocked for his loyal mitment to this nation certainly deserves the Mr. RODRIGUEZ. Mr. Speaker, I rise to customers, and he will be fondly remembered recognition of this body of Congress and this today to acknowledge today, April 22, as Earth for offering his seafood on credit to those fac- nation. I wish him all the best in his future en- Day 2004. It is a day for Americans to recog- ing hard times. Buster could have sold his deavors. nize our responsibility to protect our environ- business for a hefty profit long ago, but Buster ment and enhance our quality of life. Our air, f would never have sold out his customers and water, land and other natural resources sus- community to cash in for himself. RECOGNIZING THE NURSES OF tain human life, and it is our duty as stewards Buster’s fish market was equally well known MONTGOMERY HOSPITAL ON THE of this planet to safeguard these resources for for the political debates that played out in the OCCASION OF NATIONAL NURSES us and for future generations. front of the shop. Everyone who was anyone WEEK With the growth of eco-tourism, environ- in Tampa’s political scene would join in Bust- mental protection and economic growth can er’s informal gatherings to talk shop. In Tam- HON. JIM GERLACH both advance together. Protecting sensitive pa’s political world, Buster was enormously re- OF PENNSYLVANIA land not only preserves our natural heritage spected as a source of advice and counsel, IN THE HOUSE OF REPRESENTATIVES but enhances the value of surrounding areas and as a result, local politicians always sought and our quality of life. In South Texas I have his support. Thursday, April 22, 2004 helped protect numerous natural resources Buster was easy to love and easy to re- Mr. GERLACH. Mr. Speaker, I rise today to that grace this region. I secured funding to ex- spect. His warmth always shone through his commend the hard-working nurses of Mont- pand the Lower Rio Grande Valley National generosity, his love of family, his dedication to gomery Hospital in Norristown, Pennsylvania Wildlife Refugee and the Texas World Birding serving his community and his persistent posi- in anticipation of the upcoming National Center in Roma, Texas, and I continue to lead tive attitude. I am honored to have called Nurses Week from May 6–12, 2004. and support efforts to complete the Missions Buster my friend. Though National Nurses Week gives us an Trail in San Antonio and the Camino Real de On behalf of the entire Tampa Bay commu- opportunity to celebrate all nurses in this los Tejas National Historic Trail. In addition, I nity, I extend my deepest sympathies to Bust- country, particularly those serving in the have supported legislation such as the Yellow- er’s family. Buster’s legacy in Ybor City and in armed forces, I want to specially recognize the stone Protection Act and the National Forest our hearts will not be forgotten. He was one nursing staff and nursing leadership of Mont- Roadless Area Conservation Act to protect our of a kind, and everyone who called Buster his gomery Hospital in Norristown, Pennsylvania. precious national lands. Protecting these valu- or her friend is a better person for having Their tireless commitment to providing quality able resources is important, contributes to a known him. care is exemplary and I want to say ‘‘thank healthy ecosystem, and provides enjoyment f you’’ on behalf of the people of the Norristown and recreation to hundreds of thousands of area and Montgomery County, Pennsylvania. visitors annually. PAYING TRIBUTE TO GARY Outside of Philadelphia, Montgomery Hos- I encourage every Texan to take a moment THOMAS pital is the oldest general hospital in South- today to appreciate the natural beauty of our eastern Pennsylvania. The original hospital state and also to consider taking actions that HON. SCOTT McINNIS was located in a vacant school at Powell and can decrease pollution. Simple actions such OF COLORADO Basin Streets in Norristown. Originally named as recycling, car-pooling, and turning off the IN THE HOUSE OF REPRESENTATIVES ‘‘Charity Hospital of Montgomery County,’’ the television when no one is watching can con- Hospital opened its doors on January 1, 1891 tribute to large pollution reductions. Working Thursday, April 22, 2004 with a staff of just six. Today, Montgomery with the entire community, individuals can help Mr. MCINNIS. Mr. Speaker, I would like to Hospital Medical Center occupies two city reduce pollution in Texas. Decreasing pollution take this opportunity to congratulate Gary blocks in the heart of Norristown. It is levels can improve the lives of Texans and all Thomas on his recent retirement from the Norristown’s largest private sector employer Americans by reducing the number of pollution Daily Sentinel in Grand Junction, Colorado with over 1,300 individuals on staff. The entire induced illnesses, such as asthma and cancer. after nearly forty years of service as a pre- staff at Montgomery Hospital, including its Put simply, lowering pollution saves lives and press worker. His behind the scenes efforts nurses, remains committed to providing the increases economic productivity. have helped to ensure the high quality that highest quality of care to all their patients. As a nation, we are moving in the right di- Grand Junction residents have come to expect As Montgomery Hospital has changed, so rection. Pollution levels have greatly de- from their newspaper, and it is my privilege to has the nursing profession. Nurses today re- creased since the first Earth Day in 1970, and pay tribute to his outstanding career today. quire more and more training and education. we continue to achieve greater pollution con- During his career, which began in the days Their jobs are also much more specialized. In trol. I will continue fighting to reduce pollution when operating a press was truly dangerous fact, 49 states now allow advanced practice and to protect our natural resources while work, Gary has seen many changes, including

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\K22AP8.013 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E629 four different publishers. Gary’s dedication to population of the Turkish Cypriot Constituent PAYING TRIBUTE TO SHAWNA the paper was most prevalent when the Sen- State for the first nineteen years, or until Tur- VALDEZ tinel burned down in 1974. To ensure the key accedes to the European Union, even paper was still delivered on time he drove though it is their native soil. These Greek-Cyp- HON. SCOTT McINNIS daily to Glenwood Springs to print the paper riots would not have the right to vote for rep- OF COLORADO between shifts clearing the rubble from the resentatives in the federal Senate, further de- IN THE HOUSE OF REPRESENTATIVES fire. After 14 years as a pressman, Gary nying fundamental rights to many citizens. Thursday, April 22, 2004 moved to the camera department, preparing Finally, the Annan plan fails to adequately photos for printing. His hard work and skills compensate displaced Greek-Cypriots for the Mr. MCINNIS. Mr. Speaker, it is my pleasure helped establish the Sentinel’s reputation for loss of their property. According to the plan, to rise today to recognize Shawna Valdez for superb color photography. 90 percent of the compensation from the fed- her selfless dedication to the community of Mr. Speaker, I am honored to bring the ca- eral State would be paid for by Greek-Cyp- Dolores, Colorado, and congratulate her on reer of Gary Thomas to the attention of this riots, meaning that Greek-Cypriot taxpayers being recognized by the Dolores Chamber of body of Congress and this Nation. I would like are forced to pay for the loss of their own Commerce as their 2004 Citizen of the Year. to congratulate him on an outstanding career. property. The award is presented to an individual who His tireless work has been crucial in ensuring has shown an outstanding commitment to the The Annan plan is a positive starting point the quality of the Daily Sentinel, and I would Dolores community, and Shawna could not be on the path toward a negotiated settlement, like to wish him the best in his retirement. a more worthy recipient. It is a privilege to pay but it is not an ending point. In order for a so- tribute to Shawna for her well-deserved award, f lution to the Cyprus problem to succeed, the and her ongoing efforts to better her commu- rights of both parties must be equally guaran- CYPRUS SETTLEMENT nity. teed. A lifelong resident of Dolores, Shawna par- HON. MARTIN T. MEEHAN ticipates in a vast array of civic functions in f OF MASSACHUSETTS her community. A past president of the Dolo- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO PATRICK J. EIDING res Chamber of Commerce, she currently Thursday, April 22, 2004 serves as a member of their board of direc- tors. She also serves on the board of the Mr. MEEHAN. Mr. Speaker, I rise today to HON. ROBERT A. BRADY Community Center, the McPhee Lake Plan- express my strong support for a just, lasting, OF PENNSYLVANIA ning Committee, and is a member of the Dolo- and comprehensive settlement on Cyprus that res Library Board. Dolores is also an active protects the rights of Turkish and Greek Cyp- IN THE HOUSE OF REPRESENTATIVES member of the local Methodist Church and riots alike. Thursday, April 22, 2004 Dolores Rotary Club, and is a past member of As the people of Cyprus head to the polls the local school Accountability Committee and on April 24th to vote on the settlement plan Mr. BRADY of Pennsylvania. Mr. Speaker, it the Booster Club. Her enthusiasm for taking put forth by United Nations Secretary General is my privilege to highlight the accomplish- part in these organizations comes from the joy Kofi Annan, I am concerned that numerous ments of a Philadelphia labor legend, Mr. Pat- she receives in giving back to the community provisions in the proposal fail to uphold the rick J. Eiding. Mr. Eiding is President of the she loves. fundamental rights of the Greek Cypriot com- Philadelphia Council of the AFL–CIO and a Mr. Speaker, I am honored to pay tribute to munity. representative of the working man and the service and achievements of Shawna Since Turkey’s invasion and illegal occupa- woman. He has effectively and consistently Valdez before this body of Congress and this tion of northern Cyprus in 1974, the govern- fought for the rights of the great citizens of Nation. Her efforts to strengthen her commu- ment of Cyprus has vigorously pursued efforts Philadelphia. nity are truly remarkable, and the recognition to reunify the island through an equitable and Mr. Eiding rose through the ranks of leader- she received from the Dolores Chamber of viable settlement. While the Turkish Cypriot ship throughout his career, holding positions Commerce as their 2004 Citizen of the Year is government under the leadership of Rauf such as President of the Asbestos Workers a well-deserved testament to her tireless ef- Denktash has repeatedly stonewalled negotia- Middle Atlantic States Conference and Presi- forts. I sincerely thank Shawna for her service, tions, the commitment of Greek-Cypriots to a dent of the Mechanical Trades Council in and wish her the best in her future endeavors. unified Cyprus has been unwavering. Philadelphia and New Jersey. He currently f The Annan plan, which was originally draft- serves as an official for both the Pennsylvania ed by the Secretary General in November of and Philadelphia Building Trades Councils, as HONORING THE 89TH ANNIVER- 2002, has undergone five major revisions to well as the Pennsylvania AFL–CIO. SARY OF THE ARMENIAN GENO- accommodate the demands of Mr. Denktash. CIDE Mr. Eiding represents the interests of work- I’m concerned that the proposal sacrifices too ing families through his involvement on numer- many of the Greek Cypriots’ needs in return ous labor boards and commissions. He co- HON. MARTIN T. MEEHAN for Mr. Denktash’s acquiescence. chairs the Philadelphia Area Labor Manage- OF MASSACHUSETTS The Annan plan would authorize Turkish ment and serves as Commissioner for the IN THE HOUSE OF REPRESENTATIVES troops to remain in Cyprus indefinitely, threat- Philadelphia Housing Authority and the Phila- ening the security and stability of the island. Thursday, April 22, 2004 delphia Planning Commission. He is a mem- While the number of troops would gradually Mr. MEEHAN. Mr. Speaker, I rise to com- ber of the Executive Committee for the Phila- decrease to 650 over a period of 14 years, memorate the 89th anniversary of the Arme- delphia Workforce Investment Board and sits their continuing presence and intervention nian Genocide, in which 1.5 million Armenian on the Board of Directors for organizations rights would prevent Cyprus from achieving men, women, and children were brutally mas- such as the United Way of Southeastern full sovereignty. sacred by the Ottoman Turk regime. The Ar- Pennsylvania and the Multiple Sclerosis Soci- I am also concerned that the Annan plan menian Genocide was one of the darkest trag- ety. would continue to allow Turkish settlers to ille- edies in human history, one that must never gally occupy northern Cyprus. Numerous U.N. Since being elected President of the Phila- be forgotten. Security Council resolutions have called for delphia Council AFL–CIO, Mr. Eiding has On April 24, 1915, nearly three hundred Ar- the withdrawal of all Turkish settlers from Cy- spread the message of the working family, co- menian intellectuals and political leaders were prus, yet the Annan plan would permit 45,000 hosting the weekly ‘‘Labor to Neighbor’’ radio rounded up, deported and executed under the settlers to receive automatic citizenship rights show whose goal is to educate listeners on orders of the Ottoman Turk Regime, marking within the United Cyprus Republic and addi- the issues affecting the current working family the beginning of the first genocide of the 20th tional settlers to remain on the island as per- and to voice the needs and opinions of the century. Later that day, 5,000 more Armenians manent residents. community. were slaughtered in their homes and on the Moreover, the Annan plan imposes tough I ask you and my other distinguished col- streets. For 5 years, the brutal regime carried restrictions on the right of displaced Greek- leagues to join me in commending Mr. Patrick out the systematic destruction of the Armenian Cypriots to return to their homes. The agree- Eiding for his career of service and dedication people through forced labor, concentration ment would prohibit Greek-Cypriots from ac- to the working families of Pennsylvania’s First camps, and death marches, until millions were counting for more than eighteen percent of the Congressional District. dead or exiled.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\K22AP8.014 E22PT1 E630 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 As we look back on the bloodshed and PAYING TRIBUTE TO TIMOTHY vote for your beliefs, not the beliefs of others. atrocities committed against the Armenian LEACH The great privilege of free and fair elections is people, we must recognize the event for the that they are just that, free and fair. Vote free- genocide that it was. As Henry Morgenthau, HON. SCOTT McINNIS ly and for what you think is fair. If that is ‘no’, Sr., the former Ambassador to the Ottoman OF COLORADO do not believe that this is the end of negotia- Empire stated, ‘‘I am confident that the whole IN THE HOUSE OF REPRESENTATIVES tions. They will continue, because a lasting history of the human race contains no such Thursday, April 22, 2004 and equitable solution for the people of Cy- horrible episode as this. The great massacres prus, and the goal of a united Cyprus, is too and persecutions of the past seem almost in- Mr. MCINNIS. Mr. Speaker, it is with a important to abandon, now or ever. significant when compared to the sufferings of heavy heart that I rise before you today to pay Mr. Speaker, I myself have very serious res- the Armenian race in 1915.’’ tribute to the life of Timothy Brooks Leach of ervations about the Annan Plan that I have ex- To deny this truth is to tarnish the memories Aspen, Colorado, who passed away recently pressed in writing to both General Secretary of the millions of Armenians who lost their from injuries sustained in a skiing accident at Annan and Secretary Colin Powell. I ask lives to ethnic cleansing. As a member of the the age of 27. Tim was a man deeply devoted unanimous consent that these letters be intro- Congressional Armenian Caucus, I have to his family, and his job as a psychotherapist. duced into the RECORD immediately following joined my colleagues in sending a letter to His kindness, intelligence and work ethic, my remarks. President Bush urging him to acknowledge the along with his strong desire to help others, Regardless of my personal reservations, it is Armenian Genocide during his April 24th com- gained him the reputation as a respected pro- the people of Cyprus who will vote on Satur- memoration address. By drawing attention to fessional. His loss at such a young age will be day. I hope every Cypriot realizes that they the legacy of this genocide, we can strengthen deeply felt by his family and the community of need to vote for what they believe. They must our resolve to prevent future human tragedies Aspen. understand that, while we are interested in the of this kind. Tim, a native of Charlottesville, Virginia, outcome, there can be no pressure on them. I am proud to represent a large and vibrant earned his bachelor’s degree from the Univer- We will accept any outcome so long as the Armenian community in the Fifth Congres- sity of Virginia in 1998, and subsequently elections are free and fair. sional District of Massachusetts. Every year, earned his master’s from Virginia Common- Have no fear, people of Cyprus, your friends survivors and their descendants make public wealth University in 2000. After earning his will never abandon you. and vivid the hidden details of the Armenian degree, he worked as a counselor for Com- U.S. CONGRESS, Genocide as they participate in commemora- monwealth Catholic Charities in Richmond. Washington, DC, March 23, 2004. In 2002, Tim and his wife Amy moved to tion ceremonies across the Merrimack Valley. Hon. COLIN L. POWELL, Aspen. Tim eagerly took on a variety of chal- Secretary of State, U.S. Department of State, In my hometown of Lowell, the Armenian- lenging counseling positions: opening Leach Washington, DC. American Veterans Honor Guard will lead a and Leach Psychotherapy with his mother DEAR SECRETARY POWELL: We want to procession to City Hall for a flag raising cere- Clare, taking a position on the emergency-cri- thank you for your active engagement in the mony in recognition of the 89th anniversary of sis counseling team at Aspen Counseling issues and negotiations that concern the re- the genocide. The commemoration offers par- unification of the Republic of Cyprus. As you Services, and leading DUI classes and other ticipants an opportunity to remind the world of know, negotiations between the Greek and rehabilitative programs. Despite his workload, the tragedy that befell Armenians of the Otto- Turkish Cypriots are currently being con- Tim always managed to devote time to his be- man Empire. ducted under the framework outlined by UN loved family. Secretary General Kofi Annan on February I am honored to add my voice to those of Mr. Speaker, it is an honor to rise before 13, 2004. my colleagues today in commemorating the this body of Congress and this Nation and pay While we applaud both Greek and Turkish Armenian Genocide. We will never forget the tribute to the life and memory of Timothy Cypriots for agreeing to negotiate the impor- truth. Brooks Leach. He dedicated his life to his tant issues affecting the future of a reunited Cyprus, we believe the timeframe outlined f family, to the service of his community, and to by the Annan Plan is too compressed. Under his profession. His passing is a great loss to the Annan Plan, there is a deadline for the TRIBUTE TO MR. WILLIAM the town of Aspen and the State of Colorado. people of Cyprus to vote on a referendum GALBRAITH My thoughts are with his loved ones during concerning the future of Cyprus on April 20, this difficult time of bereavement. 2004. f As you know, the people of Cyprus have HON. ROBERT A. BRADY been struggling with issues related to the di- OF PENNSYLVANIA A MESSAGE TO THE PEOPLE OF vision and reunification of Cyprus for 30 IN THE HOUSE OF REPRESENTATIVES CYPRUS years. It is difficult for us to believe that Thursday, April 22, 2004 concerns that have been unresolved for 30 years can be effectively and permanently Mr. BRADY of Pennsylvania. Mr. Speaker, I HON. LINCOLN DIAZ-BALART settled in negotiations that are scheduled to rise to honor a respected member of the OF FLORIDA be completed in less than three months. Philadelphia community. Mr. William Galbraith IN THE HOUSE OF REPRESENTATIVES It is our belief that a solution should come recently turned 90 years young. Thursday, April 22, 2004 through comprehensive negotiations that do Mr. Galbraith celebrated his 90th birthday not force the citizens of Cyprus to vote on a Mr. LINCOLN DIAZ-BALART. Mr. Speaker, I referendum that may be perceived as an ulti- this April 14, 2004. He has led an exemplary rise today to speak about the upcoming elec- matum. It is also our firm belief that the life filled with admirable achievements. Wheth- tions on the Annan Plan in Cyprus to be held people of Cyprus will not approve any plan er it be graduating from the Philadelphia Col- on Saturday April 24, 2004. they are pressured to accept. lege of Textiles and Science or becoming the I wish to make it clear that there should be It is in the best interest of a permanent, head of a carpet mill, Mr. Galbraith has been no pressure on the outcome of these elec- peaceful solution for Cyprus that the impor- an exemplary figure for our great city. tions. If the Greek or Turkish Cypriots reject tant negotiations between Greek and Turk- This nonagenarian wisely has continued to the Annan Plan, then negotiations will ulti- ish Cypriots be given an adequate amount of show a real zest for life. Until recently, Mr. time to decide these issues. Mr. Secretary, mately continue. This vote will not be the last we respectfully request that you use your in- Galbraith remained an avid golfer, skier, and chance to have a reunited Cyprus. fluence to ensure that the people of Cyprus tennis player. He has traveled extensively in- The goal of the process must be to attain a are given a longer, more appropriate, sched- cluding a trip to China to teach workers how just and lasting solution, not a rushed solution. ule in order to ensure that all issues affect- to use mill equipment. I know the people of Cyprus are being made ing the reunification of Cyprus are settled to Married to Anna, Mr. Galbraith’s family in- to feel that this is the only way to achieve a the satisfaction of all concerned. The reuni- cludes his nephew Clyde Galbraith and his solution, but that is not true. This is the way fication of Cyprus should be settled through niece Joyce Burke. I am quite sure his entire to achieve a pressured solution. In the end, it comprehensive negotiations that do not im- family is very proud of his numerous accom- may be too much to ask that concerns that pose an arbitrary time constraint on the af- fected parties. plishments. have been unresolved for 30 years be effec- We appreciate the support that you have Along with her family and friends, I ask that tively settled in a process that lasted less than provided to the efforts of the UN Secretary you and my other distinguished colleagues 3 months. General in resuming the Cyprus talks and join me in congratulating Mr. William Galbraith I encourage each and every eligible Cypriot your personal commitment and involvement during his 90th birthday celebration. voter to cast a free ballot on Saturday. Please in the process. We urge you to continue to

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.104 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E631 use your diplomatic abilities for reaching a United States and should therefore be ener- (3) The agreed number of settlers from Tur- just, functional and viable settlement in Cy- getically pursued. As you have stated, a last- key that will remain in Cyprus must be prus. ing peace will benefit the people of Cyprus, clearly defined. This number should be as Sincerely, Greece, and Turkey and at the same time low as possible and a fair immigration struc- LINCOLN DIAZ-BALART. serves American interests in the region. The ture should be developed. ILEANA ROS-LEHTINEN. division of Cyprus and its people must come (4) During the transitional period, the land MARIO DIAZ-BALART. to an end once and for all. A comprehensive that will be returned to the Greek Cypriot settlement appears possible and Cyprus, a side must come under the control of the U.S. CONGRESS, good friend and strong ally of the United United Nations so that the process of return- Washington, DC, March 19, 2004. States, deserves a bright future as a reunited ing this land and the resettlement of the ref- Hon. COLIN POWELL, country in the European Union. The United ugees will be irreversible. Secretary of State, Department of State, Wash- States should help to make this happen. (5) The Annan plan calls for the full demili- ington, DC. We appreciate the support that you have tarization of both, Greek-Cypriot and Turk- DEAR SECRETARY POWELL: We are writing provided to the efforts of the UN Secretary ish-Cypriot sides, so it makes no sense for to express our concerns on certain key General in resuming the Cyprus talks and troops from Greece and Turkey to remain in issues, which are currently being discussed your personal commitment and involvement Cyprus indefinitely. We believe that security under the auspices of the United Nations in the process. We urge the administration arrangements in Cyprus be enhanced (UN) as part of the Annan plan, for the reuni- to continue to use all its diplomatic leverage through an enlarged UN force mandated by fication of Cyprus. for reaching a just, functional and viable set- the UN Security Council. It is with great satisfaction that we tlement in Cyprus. learned of the resumption of the direct UN Sincerely yours, This historic opportunity for solving the Cyprus issue must be energetically pursued. sponsored Cyprus talks. The commitment of MICHAEL BILIRAKIS, We believe that a lasting peace will benefit the parties to negotiate within a specific CAROLYN MALONEY, the people of Cyprus, Greece, and Turkey. time framework and on the basis of the ILEANA ROS-LEHTINEN, The division of Cyprus and its people must Annan plan with the aim of reuniting the is- LINCOLN DIAZ-BALART, come to an end once and for all. A com- land before May 1, 2004, is of immense impor- ROBERT MENENDEZ, prehensive settlement appears possible and tance. It is our sincere wish and hope that GEORGE RADANOVICH, Cyprus will join the European Union as a re- Members of Congress. Cyprus deserves a bright future as a reunited united country. country in the European Union. We appreciate your efforts in the resump- There are certain provisions in the current U.S. CONGRESS, Annan plan that could render it unworkable Washington, DC, March 19, 2004. tion of the Cyprus talks. We also welcome your personal commitment and involvement and should be revised. We feel that the Hon. KOFI ANNAN, United States must help the UN reach a fair Secretary General, United Nations, New York, in the process. We are sure that you are com- and viable agreement that will lead to a NY. mitted to reaching a just, functional and via- strong endorsement by the people of Cyprus. DEAR SECRETARY ANNAN: We are writing to ble settlement in Cyprus. We must secure for the people of Cyprus a express our concerns on certain key issues Sincerely yours, democratic system of governance based on which are currently being discussed under MICHAEL BILIRAKIS, the rule of law and the ideals that guide our the auspices of the United Nations (UN) as CAROLYN MALONEY, own democracy. part of the Annan plan for the reunification ILEANA ROS-LEHTINEN, It is our firm belief that in order to of Cyprus. LINCOLN DIAZ-BALART, achieve this goal the Administration must It is with great satisfaction that we ROBERT MENENDEZ, promote, within the framework of the Cy- learned of the resumption of the direct UN GEORGE RADANOVICH, prus talks, the following proposals: sponsored Cyprus talks. The commitment of Members of Congress. (1) It is absolutely necessary that all legal the parties to negotiate within a specific f obligations of the guarantor powers (Turkey, time framework and on the basis of the Greece, UK), including the security aspects, Annan plan with the aim of reuniting the is- ON THE PASSING OF JUDGE JOHN be in place prior to the two simultaneous land before May 1, 2004, is of immense impor- R. PERRY referenda that will be held on April 20 by the tance. It is our sincere wish and hope that two communities in Cyprus. In addition, all Cyprus will join the European Union as a re- federal laws and no national agreements united country. HON. JOHN D. DINGELL have to be completed and agreed before the There are certain provisions in the current OF MICHIGAN referenda. The people of Cyprus must have a Annan plan that could render it unworkable IN THE HOUSE OF REPRESENTATIVES completed accord to consider so they fully and should be revised. We feel that reaching understand what they are voting to approve a fair and viable agreement will lead to a Thursday, April 22, 2004 our disapprove. Furthermore, the federal strong endorsement by the people of Cyprus. government of the United Cyprus Republic Mr. DINGELL. Mr. Speaker, I rise today with We must secure for the people of Cyprus a heartfelt sadness to acknowledge the death of will have to be able to function immediately democratic system of governance based on and effectively after the new state of affairs the rule of law and the ideals that guide our a great public servant to the State of Michi- is established. It is, therefore, essential that own democracy. gan. On April 12, 2004, Judge John R. Perry the final accord be readily implemented and It is our firm belief that in order to was killed by a hit-and-run driver while walking self-executing. achieve this goal your office must promote, home. John Perry was known for his passion (2) The Annan plan proposes a highly com- within the framework of the Cyprus talks, for the law and for the legal process and for plicated system for resolving property issues the following proposals: that may force rightful owners to give up the enthusiasm and commitment he brought to their property rights. It is essential that the (1) It is absolutely necessary that all legal his family and his community. agreed system for resolving property issues obligations of the guarantor powers (Turkey, Judge Perry was born in Wyandotte, MI on be consistent with the European Convention Greece, UK), including the security aspects, be in place prior to the two simultaneous January 11, 1931. He earned his law degree on Human Rights and international law. from the University of Detroit School of Law in (3) The agreed number of settlers from Tur- referenda that will be held on April 20 by the key that will remain in Cyprus must be two communities in Cyprus. In addition, all 1958 and since then he has never looked clearly defined. This number should be as federal laws and international agreements back, embarking on a 24-year career as an at- low as possible and a fair immigration struc- have to be completed and agreed before the torney and serving as a mentor to many ture should be developed. referenda. The people of Cyprus must have a young lawyers as they worked their way (4) During the transitional period, the land completed accord to consider so they fully through the course of their legal profession. In that will be returned to the Greek Cypriot understand what they are voting to approve 1982, Mr. Perry was appointed to the 36th or disapprove. Furthermore, the federal gov- side must come under the control of the District Court bench and served for 12 years United Nations so that the process of re- ernment of the United Cyprus Republic will tuning this land and the resettlement of the have to be able to function immediately and as an executive presiding judge in the court’s refugees will be irreversible. effectively after the new state of affairs is environmental, criminal, and traffic and ordi- (5) The Annan plan calls for the full demili- established. It is, therefore, essential that nance divisions. Judge Perry was a great tarization of both, Greek-Cypriot and Turk- the final accord be readily implemented and friend to the district court, often lending a hand ish-Cypriot sides, so it makes no sense for self-executing. to younger judges who joined the court. troops from Greece and Turkey to remain in (2) The Annan plan proposes a highly com- While John was known in part for his legal plicated system for resolving property issues Cyprus indefinitely. The U.S. should insist career, he was also known for his compas- that security arrangements in Cyprus be en- that may force rightful owners to give up hanced through an enlarged UN force man- their property rights. It is essential that the sion, his involvement in the community and his dated by the UN Security Council. agreed system for resolving property issues friendship to many of us. John was a good The achievement of a genuine resolution to be consistent with the European Convention husband and father and I extend my deepest the Cyprus issue is in the interest of the on Human Rights and international law. sympathy to his wife, Suzanne, his two sons,

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.107 E22PT1 E632 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 John and James, his daughter Julie Mulligan, been a member of Troop 631, sponsored by of Maryland ranks 12th in cancer mortality his stepdaughter, Barbara Evans, his stepson St. Mark Presbyterian Church in Ballwin, Mis- rates among the 50 states and the District of James Madigan and his seven grandchildren. souri, since March 2000. Mr. Schopp’s dedica- Columbia. Between 1996 and 2000, African Mr. Speaker, the State of Michigan lost one tion to the values of scouting and his leader- Americans in Maryland outpaced the national of its most important leaders; his family has ship ability are demonstrated in his many average on every leading cancer mortality lost a father and husband and many have lost scouting activities over the years: he has index: lung cancer (68.7 per 100,000 per- a friend. It is with great sadness that we ac- served his Boy Scout Troop as Patrol Leader sons), colorectal cancer (30.6 per 100,000 knowledge his passing but is also my honor to and Assistant Patrol Leader, and is currently persons), breast cancer (35.5 per 100,000 acknowledge the important contributions he one of the leaders of his troop as a member persons), and prostate cancer (75.6 per has made throughout his life. I will miss his of the Executive Patrol and as Assistant Sen- 100,000 persons). It is estimated that 25,310 friendship and the State of Michigan will miss ior Patrol Leader. Mr. Schopp participated in new cancer cases will be diagnosed in Mary- his wisdom and service on the bench. the Junior Leader Training Camp and also at- land, and 10,430 members of my community f tended three Boy Scout High Adventure will die from this disease in 2004. Camps: Northern Tier in Ely, MN; Sea Base in To make these numbers real, on a national IN RECOGNITION OF CECIL O. FL; and OKPIL Winter Camp in MN. basis if you are a black man in the United SEWELL, JR. I congratulate Mr. Schopp for his success in States and contract prostate cancer, you have earning his Eagle Scout Award. First awarded a 73.0 percent mortality rate versus the na- HON. MIKE ROGERS in 1912, the rigorous standards are dem- tional average of 32.9 percent. If you are an OF ALABAMA onstrated in the fact that only 4 percent of Boy African American woman and contract breast IN THE HOUSE OF REPRESENTATIVES Scouts across America earn this prestigious cancer, you have a higher mortality rate, 35.5 percent versus the national average of 27.7 Thursday, April 22, 2004 award. I also commend his peers, members of his troop, coaches, teachers and parents for percent. I am sure like me many of you find Mr. ROGERS of Alabama. Mr. Speaker, I their support and encouragement that has these statistics truly shocking. rise today to pay tribute to Cecil O. Sewell, Jr., helped him succeed. According to the American Cancer Society, who on April 25, 2004 will celebrate his 50th Mr. Speaker. It is with great privilege that I the primary cause of disparities in cancer be- year in the ministry. recognize Michael Schopp today before Con- tween African Americans and the general pop- Pastor Sewell was born on August 12, gress. I applaud him for his success and ex- ulation is poverty. Biological or inherited char- 1936, and was called to the ministry in April of tend best wishes for all of his future endeav- acteristics are less important than socio- 1954. He continued serving as a minister ors. I urge my colleagues to join me in hon- economic factors in explaining differences in while he attended college and divinity school. oring Michael Schopp. cancer incidence and mortality among major He graduated from Samford University in Bir- f racial and ethnic populations in the United mingham, Alabama, in 1958, and went on to States. As a result, many economically chal- graduate studies at the University of Alabama. IN RECOGNITION OF THE 18TH AN- lenged racial and ethnic minorities lack access He then attended Divinity School at Houston NIVERSARY OF NATIONAL MI- to high quality health care. The major con- Baptist University, where he graduated in NORITY CANCER AWARENESS sequences of inadequate access to preventive 1982. WEEK services and early detention are that diseases Pastor Sewell has been pastor to six like cancer are more often diagnosed at later churches. He has gone on missions and done HON. ELIJAH E. CUMMINGS stages when the severity is likely to be greater evangelism in twelve states and eight foreign OF MARYLAND and options for treatment, as well as the odds countries, including three missions to Romania IN THE HOUSE OF REPRESENTATIVES of survival, are decreased. The future health and six missions to Brazil. He has served on Thursday, April 22, 2004 of America as a whole will be substantially in- numerous state and national convention com- fluenced by our success in improving the mittees and as Trustee of the Baptist Health Mr. CUMMINGS. Mr. Speaker, I rise today health of minority and other medically under- System. One of the most telling things about to recognize the 18th annual National Minority served populations. Cecil Sewell is that he has been an interim Cancer Awareness Week and to address an Mr. Speaker, this year marks the 18th an- pastor for four churches in his most recent issue that is of grave concern to thousands of nual National Minority Cancer Awareness years, having retired from the ministry and Americans. Cancer is the second leading Week, a national campaign initiated by Con- been called back to service on these four oc- cause of death among Americans, responsible gress in 1987 to heighten awareness of the casions. He is now interim pastor of First Bap- for one of every four deaths. In 2004, over unequal cancer burden borne by racial and tist Church in Saks, Alabama. 560,000 Americans—or more than 1,500 peo- ethnic minority populations and other medi- I am so very proud to salute Cecil O. Se- ple a day—will die of cancer. Over 18 million cally underserved communities. This week in- well, Jr., for his 50 years of ministry, and ap- new cases of cancer have been diagnosed corporates the theme ‘‘Cancer is a Burden, preciate the House’s attention today in observ- since 1990, and about 1.4 million new cases Finding Help Shouldn’t Be’’. The goal is to in- ance of his ministry. will be diagnosed in 2004 alone. I am sure crease the nation’s awareness of the pro- f that each of us has either lost a family mem- grams and services available in minority com- ber or close loved one to this dreadful disease munities and to provide an opportunity to en- HONORING MICHAEL SCHOPP or know of someone who has suffered such a gage impacted communities in the fight loss. against cancer. This week also provides an HON. WM. LACY CLAY In 1971, President Nixon and Congress de- important opportunity to commend those work- OF MISSOURI clared an all out war on cancer. Since then, ing tireless in my district and in communities IN THE HOUSE OF REPRESENTATIVES national investment in cancer research and across this nation to improve the quality of life programs have reaped remarkable returns, in- Thursday, April 22, 2004 for all Americans. cluding a 57 percent decline in cancer mor- Mr. Speaker, on this 18th anniversary of Na- Mr. CLAY. Mr. Speaker, I rise today to tality rates. Unfortunately, cancer still remains tional Minority Cancer Awareness Week, I honor fifteen year old Michael Schopp, from the number two killer in America, just behind urge my colleagues to make cancer research Creve Coeur, Missouri. In a ceremony hon- heart disease. And despite all the progress and the eradication of this terrible disease a oring his achievement on May 2, 2004, Mr. that has been made in the battle against can- national priority. Cancer research saves lives. Schopp will receive the Eagle Scout Award. cer, this disease doe not affect all races We must maintain the pace of cancer re- This award is the highest advancement rank a equally. The burden of cancer continues to fall search by increasing the budget of the Na- young man may earn in scouting. on communities of color. Mr. Speaker, African tional Institutes of Health at least 8.5 percent To earn his Eagle Scout Award, Mr. Schopp Americans are more likely to die of cancer for fiscal year 2005. Unfortunately, the Admin- designed, planned and supervised the con- than people of any other racial or ethnic istration’s FY 2005 budget proposal only calls struction and landscaping of a planter and two group. From 1996 through 2000, the average for a 2.6 percent increase, where an 8 percent dugout benches for the Ballwin Athletic Asso- annual death rate per 100,000 people for all increase is needed; thereby falling behind in- ciation baseball fields where he played ball for cancers combined was 257 for African Ameri- flation and far short of what is required to sus- several years. cans, 199 for whites, 138 for Hispanics, 138 tain the current pace of discovery. Mr. Schopp began his scouting experience for Native Americans/Alaska Natives, and 125 Mr. Speaker, we must also address the na- as a Cub Scout in elementary school and has for Asians/Pacific Islanders. In fact, my state tional nursing shortage. Nurses serve on the

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.112 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E633 front-line in the battle against cancer, pro- assault weapons. This number is sure to in- 150TH ANNIVERSARY OF THE viding critical patient care services and also crease if these weapons are more readily VILLAGE OF YOUNGSTOWN, NY helping conduct cancer research through clin- available. The weapons banned under current ical trials. This complex and multifaceted law pose too great a risk to the general public, HON. LOUISE McINTOSH SLAUGHTER chronic disease demands an adequate supply and especially law enforcement officers, to be OF NEW YORK of trained, educated, and experienced nurses. legalized. For this reason, the International As- IN THE HOUSE OF REPRESENTATIVES As such, we must adequately fund the Nurse sociation of Chiefs of Police and the Fraternal Thursday, April 22, 2004 Reinvestment Act and other nursing workforce Order of Police both support extending the programs. ban. Ms. SLAUGHTER. Mr. Speaker, I rise today Finally, Mr. Speaker, advances in cancer In addition to this important measure, I have to commemorate the 150th anniversary of the prevention, detection and treatment over the introduced two other pieces of legislation to Village of Youngstown, New York. past several decades have increased longevity cut down on shooting deaths. Approximately 1 The Village of Youngstown is a small village and improved the quality of life for many peo- percent of the nation’s gun stores are the that has evolved with the times, but whose ple. Once again, however, not all segments of source of 57 percent of the firearms traced to residents have never lost touch with their the U.S. population have benefited equally. A crimes. H.R. 1540, the Crackdown on Dead- roots. Its history resembles that of many of the strong investment in the National Center for beat Dealers Act, would increase the ability of small towns on which our Nation was built. Minority Health and Health Disparities the Bureau of Alcohol, Tobacco, Firearms and The area began to grow after the American (NCMHHD) will expand our knowledge about Explosives to investigate record-keeping com- forces took over Historic Old Fort Niagara. health disparities and target initiatives geared pliance among these delinquent gun dealers. Many tradesmen and shopkeepers came to to reduce, and ultimately eliminate, the dis- The second bill is H.R. 821, the Accidental the area during the War of 1812 to provide parate burden of cancer and other diseases Shooting Prevention Act, which requires needed supplies and services to the Fort, on minority and medically underserved com- chamber load indicators on handguns, allow- which sits at the edge of the village. The vil- munities. The Healthcare Equality and Ac- ing gun owners to quickly recognize if their lage was the site of many major battles during countability Act of 2003, H.R. 3459, introduced weapons are loaded. I encourage my col- the War of 1812 and was also a major ship- by the Congressional Black Caucus, Congres- leagues to cosponsor these two bills and help ping port in the 1800’s. sional Hispanic Caucus and the Asian-Pacific reduce the number of gun deaths in America The village was named for John Young who Caucus, would help enable community-based without infringing on the rights of lawful gun originally came from across the river in Can- organizations to increase detection and owners. ada. One hundred fifty years ago, the Village screening efforts; would establish guidelines The three pieces of legislation I have men- of Youngstown was officially incorporated in for treatment modalities for minorities; and tioned do not unreasonably restrict law-abiding Niagara County, on the shores of the mighty would provide additional funding for cancers citizens from using appropriate firearms for Niagara River and Lake Ontario. The village sits on beautiful, fertile Western that impact minorities more adversely, such as sporting purposes or self-protection. Rather, New York land which is renowned for its sail- prostate and breast cancer. sensible gun control prevents firearms from ing regattas and year round sportfishery. The Mr. Speaker, I urge this body to use the getting into the wrong hands. surrounding area is home to many of New 18th anniversary of National Minority Cancer My colleagues in the House and Senate York’s famous apple orchards. Youngstown is Awareness Week to renew its commitment to must understand how important it is that we an internationally designated important Bird the eradication of this devastating disease. To- continue this ban on assault weapons to pre- Area. gether, we can reduce and ultimately eliminate vent parents and children from suffering life-al- With a population of nearly 2,000 people, the disparate burden of cancer and other dis- tering senseless violence should these guns Youngstown is a close-knit community where eases on minority and medically underserved again become legal. communities. everyone is a neighbor. Most people know f each other, and even if you are not well ac- f WILLIAM A. BOOTHE, M.D., quainted, faces smile with recognition and RENEWING THE ASSAULT REACHES 50,000 greetings are exchanged with warmth. Friendly WEAPONS BAN inquiries are made when there has been an HON. MICHAEL C. BURGESS experience with pain—or joy. Anytime a neigh- HON. JAMES R. LANGEVIN bor is suffering from ill health or some loss, OF TEXAS OF RHODE ISLAND the community is there to help, to lighten the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES burden, and to express its loving concern. Be- Thursday, April 22, 2004 Thursday, April 22, 2004 yond the village’s long and distinguished his- tory, Youngstown is simply a place residents Mr. LANGEVIN. Mr. Speaker, today I rise in Mr. BURGESS. Mr. Speaker, I rise today to congratulate William A. Boothe, M.D. on his are proud to raise a family. strong support of renewal of the Assault Mr. Speaker, on the occasion of the Village Weapons Ban. In 1994, President Clinton successful completion of 50,000 laser vision correction procedures. Dr. Boothe, a bench- of Youngstown’s 150th birthday, I unite with its signed the Violent Crime Control and Law En- residents to celebrate their accomplishments forcement Act, which banned the manufacture mark of success and a pioneer in his field, has certainly set the standard for which his col- and contributions to Niagara County, our state, and importation of many semiautomatic as- and our Nation. sault weapons. This law is set to expire on leagues will aspire. September 13, 2004, just 144 days away. For years, Dr. William Boothe has adminis- f In 1995, the FBI reported that trace re- tered a state-of-the-art refractive surgical pro- RECOGNITION OF THE 25TH ANNI- quests for assault weapons declined 20 per- cedure called Laser In-Situ Keratomileusis VERSARY OF THE LEAGUE OF cent only one year after enactment of the ban. (LASIK) which requires much experience and WOMEN VOTERS OF ALAMEDA Since enactment, criminals are using these extensive research. Dr. Boothe, second to guns less frequently, and innocent lives are none, is one of the first surgeons in the coun- HON. FORTNEY PETE STARK try with the necessary talent required to use saved every day as a result. OF CALIFORNIA the technologically advanced equipment re- I am proud to join 108 of my colleagues as IN THE HOUSE OF REPRESENTATIVES a cosponsor of H.R. 2038, the Assault Weap- quired in LASIK procedures. ons Ban and Law Enforcement Protection Act. As a member of several professional organi- Thursday, April 22, 2004 This vital legislation will permanently extend zations, with an impressive educational back- Mr. STARK. Mr. Speaker, I rise today to pay the 1994 Act and help keep these weapons ground and years of experience, Dr. William tribute to the 25th Anniversary of the League out of our country and away from criminals. Boothe has provided a better quality of life for of Women Voters of Alameda, California. The If we allow the assault weapons ban to ex- all who receive this surgery under his care. I of Alameda became pire, our streets will again be flooded with an place great confidence in Dr. Boothe. He will a fully approved Local League in September arsenal of Uzis and AK–47s—guns which are continue to lead the corrective eye surgery 1978. The founders of the League established responsible for pre-ban killings such as the profession for years to come. the organization based on their belief that our Stockton Schoolyard Massacre and a shooting I congratulate Dr. Boothe for his lasting Nation’s democracy depends on an informed at the CIA Headquarters. dedication and selfless efforts in helping cor- and participative citizenry. Twenty percent of police officers killed in the rect people’s vision. Best wishes to Dr. Boothe The Alameda League has made significant line of duty today are shot using these banned and his staff in their future endeavors. contributions to the City of Alameda, as well

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.116 E22PT1 E634 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 as Alameda County, the State of California, Whereas in August 2003, Kenny Loggins’ INTRODUCTION OF THE CONGRES- and the Nation by supporting sound govern- fans launched a year-long Celebration in trib- SIONAL SCIENCE COMPETITION ment initiatives, providing voter education on ute to the longevity of his outstanding music RESOLUTION ballot measures, conducting candidate’s fo- career; and rums, and registering voters. Whereas the United States Congress now HON. ADAM B. SCHIFF The Alameda League continues to be an wishes to recognize Kenny Loggins for his OF CALIFORNIA active participant in local and regional civic many accomplishments. IN THE HOUSE OF REPRESENTATIVES committees and has taken action in address- Whereas it is the overwhelming consensus Thursday, April 22, 2004 ing city, state and national issues through of all concerned parties that Kenny Loggins is careful study. The League reviews issues and much deserving of this honor. Mr. SCHIFF. Mr. Speaker, today, along with takes positions that enhance the quality of the Therefore, I, RICK LARSEN, Member of the 35 of my House colleagues, I introduce bipar- city of Alameda such as clean air and water, Congress representing the Second Congres- tisan legislation to authorize the Congressional education, libraries, civic safety preparation, sional District of Washington State, do hereby Science Competition. This legislation will allow housing planning and development, and open hold up Kenny Loggins for great honor and Members the opportunity to conduct academic space. Additionally, the Alameda League pro- recognition and declare the month of August competitions in the sciences among high vides neutral observers to monitor the activi- to be Kenny Loggins Appreciation Month. school students in their Congressional Dis- ties of the city council, school board and other In witness whereof, I have hereunto set my tricts. boards and commissions within the City of Al- hand and caused the seal of the United States Pre-college science and mathematics edu- ameda. Congress to be affixed this 22nd day of April cation is one of the most important factors af- I congratulate the Alameda League of 2004. fecting the nation’s scientific literacy and Women Voters for their commitment to public awareness, as well as the future supply of service. The organization, over the last 25 f America’s scientific and technological per- years, has provided valuable contributions to sonnel. Unfortunately, indicators of the per- HONORING CLEVELAND READS Alameda, California. I applaud their dedication formance of United States students in pre-col- VOLUNTEER OF THE YEAR to making sure their local, State, and Federal lege science and math education indicate a WILMA CHRISTIAN government is close to the public’s pulse as need for improvement, including the need to they continue to reach out to the citizenry increase student interest in science. through education and civic participation. HON. DENNIS J. KUCINICH In 2000, the National Center for Education f OF OHIO Statistics, NCES, released its most recent Na- IN THE HOUSE OF REPRESENTATIVES tional Assessment of Educational Progress, HONORING KENNETH CLARK Thursday, April 22, 2004 NAEP, on the Sciences. As a division of the LOGGINS United States Department of Education, the Mr. KUCINICH. Mr. Speaker, I rise today in NCES has, since 1969, issued National As- HON. RICK LARSEN honor and recognition of Mrs. Wilma Christian sessments on subjects such as reading, math- OF WASHINGTON and every volunteer who participated this past ematics, history and civics. IN THE HOUSE OF REPRESENTATIVES year in Cleveland Reads, bringing hope and Unfortunately, the 2000 Science Assess- Thursday, April 22, 2004 possibility through the gift of literacy to count- ment found that from 1996, the first year a less children and adults—thereby changing Science Assessment was completed, to 2000, Mr. LARSEN of Washington. Mr. Speaker: their lives forever. I also rise in recognition of proficiency in the sciences by America’s 12th Whereas Kenneth Clark Loggins was born Cleveland Reads Volunteer of the Year Nomi- graders declined. Using a scale of 0–300, in Everett, Washington, on January 7, 1948 nees: Andy Everidge; Anne Gannon; Edna America’s 12th graders scored 147, with 47 and is now professionally known as Kenny Goodwin; Stephanie Hiedman; Reid Isaac; percent of students testing below a basic Loggins; and Kristen Monchak; and Elaine Thiery. knowledge in the sciences. Only 34 percent of Whereas Kenny Loggins has become one of Established in 1987, Cleveland Reads, a the most world-renowned singers/songwriters students showed a basic knowledge and even non-profit organization, has consistently more discouraging, only 16 percent of stu- and guitarists of his time; and worked to draw individuals, businesses and Whereas Kenny Loggins has enjoyed a dents tested at or above a proficient knowl- agencies into their, volunteer literacy projects music career that has spanned more than edge in the sciences. and campaign. Mrs. Christian, seventy-seven three decades; and Coupled with these declining scores and de- years young, consistently reflects a joyous, Whereas Kenny Loggins has sold over 20 clining interest in the sciences from pre-col- caring and enthusiastic attitude throughout her million albums worldwide; and, he has attained lege students, enrollment in graduate science busy days in service to others. 12 Platinum Plus albums and 14 Gold albums; and engineering programs over the last dec- Every Monday through Friday for the past and ade has not kept pace with foreign student en- Whereas the music of Kenny Loggins has three years, Mrs. Christian volunteers morn- rollment in these same programs. According to spanned many genres, earning both the re- ings as an Experience Corps Tutor at Marion- a report released by the National Science spect of his peers and a widely-diverse fan Sterling Elementary School, then volunteers Foundation, enrollment in graduate science base; and her lunch hour to prepare and serve meals to and engineering programs by United States Whereas Kenny Loggins has earned a rep- disabled residents of the Golden Age Center. citizens and permanent residents from 1993 to utation of historical importance in the field of Then remarkably, she heads back to Marion- 2001 declined by over 10 percent from just film music for his creative contribution to Sterling School for three more hours of tutor- over 330,000 students to 296,000 students. movie soundtracks; and ing. All the while, her levels of enthusiasm and However, at the same time, enrollment in Whereas Kenny Loggins is active in envi- energy remain as expansive as her love and these same programs by foreign students liv- ronmental and social projects; and concern for others. ing in the United States with temporary visas Whereas Kenny Loggins tirelessly gives his Mr. Speaker, please join me in honoring rose by over 26 percent from just over time, talents, and resources to benefit these every Volunteer of the Year Award nominee, 105,000 in 1993 to approximately 133,000 in organizatons and his community; and especially, Mrs. Wilma Christian, as she is 2001. Whereas Kenny Loggins is well respected named the Volunteer of the Year by Cleveland Global competition and rapid advances in and admired throughout the entertainment in- Reads. Mrs. Christian’s patience, kindness science and technology increasingly require a dustry for his enormous impact on the world of and concern for our children and our elderly national workforce that is more scientifically music; and offers them strength, hope and a promise of a and technically proficient and Congress must Whereas Kenny Loggins is loved and appre- better tomorrow, where none existed before. take action to support the need to develop na- ciated by his family, friends, and devoted fans; By giving of her time and talent to the children tional expertise in the areas of science and and at Marian-Sterling Elementary School, Mrs. engineering. Whereas in the month of August of 2000, Christian empowers them daily with the price- Americans have been responsible for some Kenny Loggins was the first recipient of the less tool of literacy, which leads to under- of the most fantastic scientific discoveries. Hollywood Film Festival’s Outstanding standing and offers these children the self- From Thomas Edison’s work with electricity, Achievement in Songwriting Award; and in that confidence to dream and to achieve. By rais- Dr. Jonas Salk’s discovery of the Polio vac- same month, he also received a Star on the ing up the life of a child, Mrs. Christian raises cine, to the development of the personal com- Hollywood Walk of Fame; and up our entire community. puter and the Internet, Americans and their

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.120 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E635 discoveries have changed the world in remark- housing a research tower for UMDNJ-Robert IN MEMORY OF WILLIAM MAURER able and unmistakable ways. Even today, Wood Johnson Medical School and UMDNJ- America’s space program is coordinating our School of Public Health was opened. In New HON. JOHN P. MURTHA most sophisticated space exploration effort Brunswick, the steel structure for the Child OF PENNSYLVANIA ever. The Mars Rover program is a tremen- Health Institute was completed and the new IN THE HOUSE OF REPRESENTATIVES dous scientific success developed by NASA’s wing of Cancer Institute of New Jersey facility Thursday, April 22, 2004 best and brightest scientists. will open in early 2005. On the Stratford cam- Yet if academic indicators are correct, pus, the University Doctors Pavilion is open Mr. MURTHA. Mr. Speaker, it is with great America will face a vast drain of scientific and construction is underway for a new wing sadness that I share with my colleagues the knowledge and ambition in the near future and of the Science Building. news that a distinguished Veteran and long- we must begin to ask ourselves where we will Complementing these outstanding efforts, time friend, Bill Maurer, has passed away. I find America’s next Dr. Salk or the talent to other initiatives include, the establishment of a submit the following announcement: develop America’s future missions in space. University Professorship Program which has to William W. ‘‘Bill’’ Maurer, 72, of Fort Collins Congress has a clear interest in ensuring date, named 15 researchers to the faculty. died Tuesday, April 13, 2004, at Poudre Valley that America’s great scientific past and This program significantly increased the over- Hospital. He passed peacefully with his family present continues into the future. The Con- head revenues to the University as the re- members at his side. gressional Science Competition is an effective searchers brought with them more than $7.5 While in the Wyoming National Guard he way for Congress to demonstrate leadership in million in federal funding. The University also rose from the rank of private to sergeant first promoting scientific education as a national created a program that is unique in the na- class and was ultimately commissioned as a priority, to show support for the process of sci- tion—the Master Educators Guild—which rec- second lieutenant in 1953. He was called to entific inquiry, and to foster enthusiasm for ognizes teaching excellence. The Guild now active duty in the, Army in mid 1953 and at- science. I urge all of my Colleagues to join me has 48 faculty members. Through collabora- tended the Artillery Basic Officers Course at in cosponsoring this legislation and in doing tion with other colleges and universities Fort Sill, Okla., and then joined the 37th Infan- so, indicate their support for making science throughout the state, a school of public health try Division at Fort Polk, La. education and interest a national priority. emerged. As a result of this effort and Dr. He married Joyce Marie Huntzinger in f Cook’s leadership, the School of Public Health Douglas on Dec. 28, 1953. They were blessed established the Institute for the Elimination of with two children, Deborah Ruth and David TRIBUTE TO DR. STUART D. COOK Health Disparities. William. During their marriage, Bill and Joyce Mr. Speaker, as he returns to the faculty at traveled to many duty assignments around the HON. DONALD M. PAYNE UMDNJ-New Jersey Medical School to con- world with tours of duty in Fort Polk, La.; Fort OF NEW JERSEY tinue his clinical practice and research in mul- Sill, Okla.; Fort Riley, Kan.; Germany; Fort IN THE HOUSE OF REPRESENTATIVES tiple sclerosis, I urge my colleagues to com- Leavenworth, Kan.; and Washington, D.C. mend Dr. Cook for all that he has done in his During his military career Bill commanded the Thursday, April 22, 2004 years as president of UMDNJ. 5th Battalion, 29th Artillery in the Republic of Mr. PAYNE. Mr. Speaker, it is with a great f Vietnam and the 1st Infantry Division Artillery deal of respect that I rise to acknowledge the at Fort Riley. He also was a graduate of the HAPPY 50TH WEDDING ANNIVER- accomplishments made by Dr. Stuart D. Cook Army Command and General Staff College SARY, HENRY AND BARBARA during his tenure as president of the University and the U.S. Army War College. During his WIRSTSHAFTER of Medicine and Dentistry of New Jersey military career he served in many high-level (UMDNJ). As Dr. Cook steps down from the positions that included tours of duty as an presidency after six years, the Concerned Citi- HON. LORETTA SANCHEZ Army liaison officer to the U.S. Senate, deputy zens at UMDNJ and the UMDNJ-University OF CALIFORNIA chief of legislative liaison, Office, Secretary of Hospital are proud of the contributions he has IN THE HOUSE OF REPRESENTATIVES the Army and deputy secretary of defense -leg- made to this institute of excellence. Thursday, April 22, 2004 islative affairs. He retired from the Army on During his presidency, Dr. Cook partnered Ms. LORETTA SANCHEZ of California. Mr. June 30, 1979, with more than 30 years of with the Board of Trustees at UMDNJ, faculty, Speaker, I rise today to honor two very ex- service at the rank of brigadier general. His staff and students to create a compelling vi- traordinary Americans who are celebrating military decorations include the Silver Star, sion for the future. Through his efforts, federal their 50th wedding anniversary—Henry and one OLC; Legion of Merit, one OLC; Defense research support to UMDNJ more than dou- Barbara Wirstschafter. Superior Service Medal, the Soldiers Medal, bled over the past five years. Over the past Henry and Barbara are a joy to know. the Bronze Star Medal for valor, one OLC; the four years, the university’s funding from the Perky, humorous, and filled with the spirit of Purple Heart medal, one OLC; the Meritorious National Institutes of Health has increased at life, the two share their love and their youthful Service Medal, two OLC; the Air Medal for a faster rate than the average for all schools spirit with their four children: Gary, Joy, Robert valor, 12 OLC; and the Army Commendation and universities in the nation. The National and Greg, and their six grandchildren. Medal, three OLC, and numerous foreign and Science Foundation, in its most recent For many years, the two have participated service awards. rankings of research universities across the in the life of the community. Henry and Bar- After his retirement he joined Chrysler Cor- nation, ranks UMDNJ as the number one re- bara met back in 1953, and were married in poration as director of the Washington office search university in New Jersey as measured June of 1954 in McGee, Arkansas. Since that of the Chrysler Defense subsidiary. In 1981 by federal research expenditures and 71st out time they have had the opportunity to tour the Chrysler Defense was purchased by General of the top 100 research universities in the country. They even saw the world come to- Dynamics Corporation, he assumed new du- country. This marks the university’s highest gether when they volunteered for the 1984 ties in the General Dynamics Washington Cor- ever ranking. Olympic Games in Los Angeles. porate Office as manager of legislative affairs. Under Dr. Cook’s leadership, the university In addition, they recognize the special In 1984 he was promoted to corporate director is in the midst of a $535 million statewide cap- needs of the community. Henry and Barbara of legislative affairs and later became cor- ital construction program to upgrade existing have been loyal and dedicated in helping the porate vice president for congressional rela- space and provide new space for scientists less fortunate. They assist the hungry with tions in 1991. He retired from General Dynam- and clinicians. On the Newark campus, which their involvement with Meals on Wheels, and ics in March 1994, and Bill and Joyce relo- is in the heart of the 10th Congressional Dis- they assist the poor by providing families with cated to their retirement home in Fort Collins, trict, the University Behavioral Health Sciences affordable housing units. Their loyalty and where he still remained active as a consultant Building and the International Center for Public dedication to assisting others is a true virtue. to General Dynamics. Health have been completed. Additionally, Surely their secret to a long happy life to- He was a 43-year member of the American construction of the UMDNJ-New Jersey Med- gether is to be warm, outgoing, motivated, op- Legion, a life member of the Retired Officers ical School-University Hospital Cancer Center timistic, and to be of service to others. For Association, the Reserve Officers Association and a second Ambulatory Care Center are un- Henry and Barbara, their marriage has been and the Army War College Alumni Associa- derway. Construction of a new clinical building filled with many wonderful memories. All who tion. for the UMDNJ-New Jersey Dental School will know Henry and Barbara have been charmed Bill was a generous, caring man who will be be completed in the first quarter of next year. by their presence. Happy 50th wedding anni- missed by all who knew him. He was a won- On the Piscataway campus, a new building versary, and best wishes. derful husband, father and grandfather.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.124 E22PT1 E636 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 Bill is survived by his daughter, Debbie Mr. Speaker, I urge all members to support THE PRESERVING ACCESS TO Prentiss; his son-in-law, Paul; grandsons, these two much-needed reforms to the BIA to AFFORDABLE DRUGS ACT Jason and Steven Prentiss of Fort Collins; his make our Indian recognition process more son, David Maurer of Fort Collins; and his transparent and more equitable for all parties HON. ROBERT MENENDEZ brother, Richard C. Maurer of Manassas, Va. involved. OF NEW JERSEY Bill was preceded in death by his beloved IN THE HOUSE OF REPRESENTATIVES wife, Joyce of 48 years; and his parents, Rich- f Thursday, April 22, 2004 ard and Lenore Maurer. f HONORING WALLA WALLA Mr. MENENDEZ. Mr. Speaker, today I am COUNTY’S 150TH BIRTHDAY proud to be joining Senator CORZINE and my INTRODUCTION OF BIA REFORM Democratic Colleagues from New Jersey in in- LEGISLATION troducing the Preserving Access to Affordable HON. GEORGE R. NETHERCUTT, JR. Drugs Act to preserve the drug benefits that HON. ROB SIMMONS OF WASHINGTON millions of seniors in our country currently enjoy. Unfortunately, the misguided Medicare OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Prescription Drug, Improvement, and Mod- Thursday, April 22, 2004 ernization Act of 2003, which was recently Thursday, April 22, 2004 signed into law, threatens to reduce or elimi- Mr. SIMMONS. Mr. Speaker, I rise today on Mr. NETHERCUTT. Mr. Speaker, today I nate the prescription drug benefits that millions behalf of the entire Connecticut House delega- come before the House of Representatives to of seniors across the country already have. tion to introduce legislation to provide uniform pay tribute to Walla Walla County on its 150th Based on these and other detrimental provi- criteria for the administrative acknowledgment birthday. Nestled in the valley of the Blue sions in the new law, which seniors continue and recognition of Indian tribes, and for other Mountains, Walla Walla County anchors the to oppose vehemently, we should simply re- purposes. southern end of the 5th Congressional District peal the entire bill outright. But in the mean- Today’s legislation seeks to codify in statute of Washington State. time, the bill I’m introducing today highlights the seven mandatory criteria for the recogni- During their exploration of the Louisiana the most egregious loss of benefits that sen- tion of Indian tribes and to end the ‘‘revolving Purchase, Meriwether Lewis and William Clark iors will suffer under the new law, and pro- door’’ exemption that allows former BIA offi- passed through Walla Walla County on the vides mechanisms to ‘‘hold harmless’’ those cials to represent and lobby on behalf of Nez Perce trail on their return trip East. In the seniors who already have good drug cov- groups seeking recognition immediately after 1800s, numerous settlements, forts, and trad- erage. they leave the federal government. ing posts were established in the region by The Congressional Budget Office has esti- The Connecticut congressional delegation fur-traders. The Walla Walla Valley was also mated that as many as 1.7 million retirees recently met with Interior Secretary Gale Nor- home to a diverse Native American population could lose their employer-based prescription ton. At that meeting, I raised the two issues including the Walla Walla, Yakama, Nez drug benefits as a result of the new Medicare contained in this legislation. With regard to Perce, Umatilla and Cayuse tribes. In fact, the prescription drug benefit. Also as a result of putting the seven criteria in statute, Secretary name Walla Walla is of Indian origin and the new law, hundreds of thousands of seniors Norton said that she had no ‘‘immediate objec- means ‘‘many waters.’’ currently enrolled in state pharmacy assist- tion to it.’’ When asked about ending the ‘‘re- The 1st Washington Territorial Legislature ance programs (SPAPs) will be forced out of volving door’’ exemption, she responded even created Walla Walla County on April 25, 1854. those programs and into a private Medicare more favorably, saying that since coming to After the Washington Territory was established drug plan. Approximately 6 million seniors who the Interior Department she had been ‘‘trou- in 1853, Walla Walla County was established are dually eligible for Medicare and Medicaid bled by it.’’ Mr. Speaker, I am encouraged that a year later and stretched from the crest of the will lose access to their Medicaid prescription we have found common ground with Secretary Cascades to the crest of the Rockies, an area drug benefits, which is more generous and Norton on these two key issues and I’m hope- now represented by 13 congressional districts. has greater access to a variety of drugs. And, ful that our delegation can work with her and Today, Walla Walla County is home to many despite the fact that the new Medicare law has the BIA to pass this bill. wonderful towns, including Walla Walla, huge gaps in coverage, seniors who choose to Tribes need to be granted the federal status Waitsburg, Prescott, Burbank, Dixie, Touchet, enroll in the new drug benefit will be prohibited they deserve and accorded their sovereign Lowden, Wallula, and College Place. from purchasing Medigap coverage to pay for rights, but the determination to acknowledge Walla Walla is known for its gorgeous sce- prescription drugs not covered by the new such tribes cannot and should not be made nery, expansive farmlands, miles of beautiful Medicare benefit. unless these groups clearly meet all seven of forests, and historic cityscape. Although the In my home state of New Jersey, alone, the criteria. To ensure these standards are area is famous for its sweet onions, Walla 94,000 retirees will lose their employer-based met, my legislation would codify each of these Walla farms produce vast amounts of wheat, prescription drug benefits. More than 150,000 seven criteria, ensuring that ‘‘federal acknowl- barley, apples, asparagus, alfalfa, carrots, low-income seniors in New Jersey who are edgement or recognition shall not be granted cherries, corn, garbanzo beans, and green dually eligible for, and enrolled in, both Medi- to an Indian tribe unless the Indian tribe has peas. More recently, Walla Walla has become care and Medicaid will lose access to the met all of the criteria listed.’’ This law will pro- one of the fastest growing wine producing re- Medicaid drug benefits they currently rely on. vide an equitable process to groups that clear- gions in the country. And 220,000 New Jersey seniors who are cur- ly meet all seven tests, while preventing rently enrolled in Pharmaceutical Assistance claims from groups that fall short of one of Walla Walla County is a wonderful place to for the Aged and Disabled (PAAD) and Senior these standards. No longer will the BIA be live. It offers year-round cultural events includ- Gold, the state’s pharmacy assistance pro- able to pick and choose among these criteria ing theater, musical performances, art dis- grams for the aged and disabled, will face dis- to find in favor of a petitioner. plays, and wonderful festivals. The county is ruption in coverage and will likely receive less What’s more, Mr. Speaker, my legislation also home to three institutions of higher learn- drug coverage than they currently receive. would end the so-called ‘‘revolving door’’ ex- ing: Walla Walla College, Walla Walla Com- It is my view—and based on what I have emption that allows former BIA officials to im- munity College, and Whitman College, all of heard in town hall meetings in my district, the mediately begin representing petitioning which add greatly to the vitality of the area. view of an overwhelming majority of seniors in groups before their former colleagues and em- The city of Walla Walla is also home to what this country—that no senior should be made ployer. When members of Congress or other Sunset magazine named as the ‘‘Best Main worse off by the new Medicare law. members of the executive branch leave gov- Street in the West.’’ The legislation I’m introducing today will: ernment service for the private sector they If you haven’t made vacation plans or vis- Preserve employer-based retiree prescrip- must refrain from lobbying for one year. It is ited Walla Walla and its surrounding area be- tion drug coverage by allowing employer ex- unfair to have one particular agency exempted fore, this is surely the time to come to Wash- penditures on drug costs to count toward the from this law. Moreover, it is particularly trou- ington and join us in celebrating Walla Walla out-of-pocket threshold of $3,600. By not blesome that this agency enjoys such an ex- County’s 150th birthday. Walla Walla County counting toward the catastrophic cap any emption given the significant role that money, is one of the most beautiful places in America, costs covered by employer-provided retiree gambling, and political influence have come to and I am proud to say I represent this area benefits, those employers that maintain their play in recognition decisions. and the people who call it home. retiree health benefits would see their retirees

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.127 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E637 receive less of a Medicare subsidy than a Fortune magazine, for example, called her a RECOGNIZING ASIAN AMERICAN beneficiary without employer-provided bene- ‘‘powerhouse’’ in the business. During her ten- HERITAGE MONTH, THE EAST fits. Without this fix, approximately 94,000 ure as president of BMI, which represents SAN GABRIEL VALLEY JAPA- New Jersey seniors and 1.7 million retirees more than 300,000 songwriters and com- NESE COMMUNITY CENTER, AND nationwide will likely lose their employer-based posers in all musical genres, Frances helped THE CONTRIBUTION OF JAPA- drug coverage. the organization triple its revenues. Last year, NESE AMERICANS IN WORLD Enable states, if they choose, to administer BMI distributed $533 million in royalties to WAR II the Medicare prescription drug benefit through songwriters and composers. their existing state pharmacy assistance pro- gram. This means that my home state of New Frances has helped shape copyright-protec- HON. HILDA L. SOLIS Jersey could continue to provide prescription tion legislation both here in the U.S. and OF CALIFORNIA drug benefits to seniors through the very suc- abroad. Her business acumen and commit- cessful and popular existing PAAD and Senior ment to the music industry have garnered her IN THE HOUSE OF REPRESENTATIVES Gold programs. As a result, these seniors will the utmost respect. An outstanding advocate not have to enroll in the less-generous Medi- for the artists who write songs and compose Thursday, April 22, 2004 care drug program, will be able to remain in music, she has helped me better understand Ms. SOLIS. Mr. Speaker, I stand to recog- PAAD and Senior Gold, and will experience music-industry issues during my tenure here in nize the 100th Infantry Battalion, 442nd Regi- no disruption in coverage. the House of Representatives. I sincerely have mental Combat Team, Military Intelligence Ensure that states can provide supplemental appreciated her friendship and candid advice Service, 522nd Field Artillery Battalion, 232nd Medicaid prescription drug coverage to com- over the years. plement the Medicare drug benefit to seniors Combat Engineer Company, 1399th Engineer- Despite her busy and hectic schedule, who are dually eligible for Medicare and Med- ing Construction Battalion, and the many Jap- Frances took part in numerous civic organiza- icaid. Currently in New Jersey, 152,000 low-in- anese American men and women who bravely tions and charities. And she never forgot her come seniors and disabled individuals who are served our country during World War II. I also Medicare eligible receive 100% of their drug Tennessee roots. Instrumental in helping would like to recognize the leadership of the coverage through the state Medicaid program. country music become a mainstream enter- East San Gabriel Valley Japanese Community The Medicare bill replaces Medicaid coverage tainment venue, Frances began her career at Center for organizing the Cherry Blossom Fes- with more limited drug coverage and prohibits country radio station WSM in Nashville, Ten- tival in West Covina, CA in honor of Asian states from wrapping around the Medicare nessee, and was inducted into the Country American Heritage Month and in honor of the benefit with Medicaid coverage. This bill will Music Hall of Fame in 1992. Her service to the contribution Japanese Americans have made enable states to completely wrap around industry has been truly remarkable. I congratu- to the United States of America. late her for her dedication to the industry and through the Medicaid program. As the U.S. entered World War II in late wish her well in future endeavors. Restore Medicare beneficiaries’ ability to 1941, many living during that period, including purchase supplemental drug coverage through the government, questioned the loyalty of Jap- the Medigap program. Under the new law, f anese Americans to the United States. Sadly, those who participate in the new Part D drug thousands of Japanese Americans were heav- benefit are prohibited from purchasing supple- HONORING EILEEN DAVIS UPON mental drug coverage through the Medigap HER RETIREMENT ily scrutinized and sent to live in confinement program. at concentration camps throughout the dura- Eliminate the premium support (Medicare tion of the war. Additionally, the U.S. govern- privatization) demonstration program. This is HON. THADDEUS G. McCOTTER ment would not enlist soldiers of Japanese de- particularly important for Gloucester, Camden, scent into its military, due to its growing dis- OF MICHIGAN Burlington and Salem counties in southern trust of Japan. It was not until February 1, New Jersey, which currently meet the quali- IN THE HOUSE OF REPRESENTATIVES 1943, that the U.S. reversed its decision on fications to be selected to participate in this enlisting Japanese Americans to the armed program. Thursday, April 22, 2004 forces, as one of the first Japanese American Simply stated, a Medicare prescription drug infantry divisions known as the 442nd Regi- Mr. MCCOTTER. Mr. Speaker, I rise today benefit that chips away at the generous drug mental Combat Team was formed. in honor of Eileen Davis upon her retirement coverage that some seniors already enjoy is after 15 years of service to the citizens of the Despite their questioned patriotism, many hardly a benefit at all. The new Medicare law City of Livonia. Japanese Americans proudly demonstrated is bad for seniors and should be repealed; but their loyalty to the U.S. by volunteering to de- Eileen Davis began her service to the citi- in the meantime, at the very least, we must do fend their adopted country. As loyal American no harm. That’s exactly what this bill intends zens of Livonia in 1989 when she accepted soldiers, they did everything necessary to as- to do. the full time Clerk I position. Over the next 15 sist the United States during the war. Whether years she was promoted twice to the positions f it be fighting enemies in war-torn Europe, pro- of Clerk Il and Elections Record Clerk. During HONORING FRANCES PRESTON viding the U.S. military with invaluable human this time, she processed rezoning and waiver intelligence, or engineering and constructing FOR HER MUSIC INDUSTRY AC- use petitions, handled the recording of ease- COMPLISHMENTS military bridges with unmatched skill, Japa- ments and deeds, processed absentee ballot nese Americans helped turn the tide of World applications, tabulated ballots on election War II and helped lead the United States to HON. BART GORDON nights, inputted payroll data and supervised victory in the mid 1940s. OF TENNESSEE the conducting of elections within the City. For Although not well received by many Ameri- IN THE HOUSE OF REPRESENTATIVES a period of 12 years, she was a stellar help to the Livonia City Clerk, Joan McCotter. cans after the war and sometimes sadly for- Thursday, April 22, 2004 gotten in today’s history books, Japanese Her husband, Donald, and daughters, Ly- Americans serving in World War II should and Mr. GORDON. Mr. Speaker, I rise today to nette and Deanna, should be extremely proud recognize a good friend, Frances W. Preston, will always be remembered for their excep- of the undeniable mark she has left on the or her nearly 50 years of commitment and tional and invaluable contribution to the well community. We at home will sorely miss and service to the music industry, spending the being of our country. As evident in today’s always benefit from her dedication and leader- last 18 years as president and chief operating Cherry Blossom Festival in West Covina and ship. officer of BMI, a powerful organization of throughout the nation, these unsung heroes songwriters and publishers. She will retire in Mr. Speaker, I extend my sincere apprecia- will never be forgotten and will always share September. tion to Mrs. Eileen Davis, upon her retirement a place in American history. They have and Frances is widely regarded as one of the after 15 years in the. Livonia City Clerk’s Of- will continue to exemplify the excellence in music industry’s most influential executives. fice, for her fine service to our country. American leadership today.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.131 E22PT1 E638 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 RECOGNIZING NATIONAL MINOR- medically underserved populations. By in- Columbia University and worked for several ITY CANCER AWARENESS WEEK creasing awareness of programs and services companies as an engineer. While working at in minority communities, we can provide an Mergenthaler Linotype Corporation in the HON. LUCILLE ROYBAL-ALLARD opportunity to engage these communities in 1960’s, he assumed responsibility for devel- OF CALIFORNIA the fight against cancer. oping one of the first electronic composition IN THE HOUSE OF REPRESENTATIVES That was the message of One Voice systems. When Don came to the Government Against Cancer this week, incorporated in their Printing Office, he continued developing com- Thursday, April 22, 2004 theme—‘‘Cancer is a Burden. Finding Help position software. He is the author of the Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Shouldn’t Be.’’ And that is the message that GPO’s current composition program, Micro- today to join my colleagues in recognizing the my colleagues and I must act on as we recog- comp, which is producing the CONGRESSIONAL 18th National Minority Cancer Awareness nize National Minority Cancer Awareness RECORD, bills, hearings, and many other gov- Week. Week and continue the fight against cancer. ernment publications including the Federal We continue to make great strides in the f Register and related publications. As the au- fight against cancer. As a member of the thor of Microcomp, Don Rollert is largely re- Labor, Health and Human Services, and Edu- PRESERVING ENVIRONMENTALLY sponsible for the GPO’s success in the mod- cation Subcommittee of the Appropriations SENSITIVE LAND ern publishing world. His hard work, deter- Committee, I was pleased to hear from Dr. mination, and decision making over the years Elias Zerhouni, the director of the National In- HON. MARK STEVEN KIRK have made GPO a leader in modern pub- stitutes of Health, just this morning. Dr. OF ILLINOIS lishing technologies. Zerhouni and Dr. Von Eschenbach, the direc- IN THE HOUSE OF REPRESENTATIVES A recently published book about the men tor of the National Cancer Institute, spoke Thursday, April 22, 2004 and women who have served in WWII refers about the enormous strides that are being to those people as the ‘‘greatest generation.’’ made in cancer research. There are now 10 Mr. KIRK. Mr. Speaker, today I introduced Don Rollert is and deserves to be a member million cancer survivors in the U.S. compared legislation authorizing the Secretary of the of the greatest generation. Retiring at the age to 3 million in 1971. Death rates from the four Navy to transfer ownership of environmentally of 82, Don looks forward to spending more most common cancers—lung, breast, prostate, sensitive land at the former Fort Sheridan, Illi- time with his wife, children, and grandchildren. and colorectal—continue to decline. nois, to a nonprofit organization whose mis- He also looks forward to having more time for However, cancer continues to take a signifi- sion is to preserve the environment. This bill building models of early sailing ships, trav- cant toll in the U.S. This year, 1.3 million will preserve some of the last remaining pris- eling, and working at his computer. Americans will be diagnosed with cancer and, tine wilderness along the lakeshore north of I join with his many colleagues and friends unfortunately, 556,000 are expected to die. Chicago for generations to come. in wishing Don Rollert a long and happy retire- Cancer remains the number two killer in the The bluffs, ravines, and beachfront at Fort ment. U.S. Sheridan are a treasure that deserves to be f I am particularly dismayed to see that the protected. Preserving this land as a park will benefits of the research—the breakthroughs benefit not only the people of the surrounding IN MEMORY OF COL. AARON BANK that have been made in terms of prevention communities, but the hundreds of military fam- and treatment—are not being enjoyed by all ilies who make their home at the Fort. The HON. IKE SKELTON communities equally. Sadly, minority commu- Secretary of the Navy, Gordon England, is OF MISSOURI nities continue to bear a disproportionate bur- committed to making the Navy a good steward IN THE HOUSE OF REPRESENTATIVES den of cancer cases. of the environment and he understands the re- Thursday, April 22, 2004 We know the consequences of such health sponsibilities associated with control of large disparities, and we know that many of them parcels of government-owned land. This bill Mr. SKELTON. Mr. Speaker, it is with sad- stem from inadequate access by our minority not only will ensure the preservation of the ness that I inform the House of the passing of communities to preventative services and land, it also relieves the Navy of the responsi- Colonel (Retired) Aaron Bank earlier this early detection. Minorities also have a lower bility for maintaining property that has no mili- month. survival rate. Clearly, these will continue to be tary value. Colonel Bank, who was known as ‘‘the fa- significant issues that need to be addressed As urban sprawl and development pushes ther of the United States Army’s Special by the National Cancer Institute and the Na- outward from our cities, our military bases are Forces’’ for his role in creating the unconven- tional Center for Minority Health and Health quickly becoming some of the last wide open, tional warfare units that became known as the Disparities. wild spaces. This encroachment pushes Green Berets, died of natural causes on April I was very pleased to visit this week with countless species onto these bases, making it 1 at his home in Dana Point, CA. He was 101. constituents from my congressional district even more important to conserve these critical Colonel Bank, a native of New York City representing One Voice Against Cancer. My ecosystems. I will continue working to find and fluent in both French and German, en- constituents included Ivonne DeCorra from practical ways to protect and preserve the en- tered the Army in 1939. During World War II, Huntington Park and Julie Fleshman from Los vironment and critical habitats in the Great he volunteered for the extremely hazardous Angeles, who is also the executive director of Lakes. duty of working behind enemy lines with the the Pancreatic Cancer Action Network. An- f French Resistance and guerrilla forces as a other visitor, Michele Perry, knows the heart- member of the famous Jedburgh Teams. ache of cancer first hand. Having lost her TRIBUTE TO DONALD ROLLERT Often posing as civilians, he and his three- mother to cancer at a young age, Michele was man team helped organize a guerrilla force of herself diagnosed in 2000. Her personal trials HON. CHRIS VAN HOLLEN up to 2,000 men and women and led them on however, have driven her to become an advo- OF MARYLAND numerous hit-and-run missions throughout cate for cancer research and patient programs IN THE HOUSE OF REPRESENTATIVES Nazi-occupied France. so that she, her daughter, and countless other Colonel Bank remained in the Army after Thursday, April 22, 2004 will never have to feel the heartache of cancer the war and became an advocate for special again. Mr. VAN HOLLEN. Mr. Speaker, I rise today operations units that could do the type of work It is that type of dedication and commit- to pay tribute to one of my constituents, Don- carried out by the O.S.S. While serving with a ment—stemming from sometimes tragic per- ald Rollert, a veteran and dedicated civil serv- combat unit in the Korean War in 1951, he sonal experiences—that have made One ant who recently retired from the U.S. Govern- was called back to Washington to work on the Voice Against Cancer an effective voice in ad- ment Printing Office. creation of guerrilla-style units within the vocating for adequate funding for cancer re- Donald Rollert was born in Colorado, grew United States Army. COL Bank’s personal dili- search, prevention and treatment. I and my up in Kansas, and graduated from the Coast gence was rewarded when the Army approved colleagues heard their message this week, Guard Academy. During the Second World the special operations concept, and the 10th and despite difficult budget circumstances, we War, he served as an officer on an LST in the Special Forces Group (Airborne) was subse- will continue the fight against cancer. South Pacific and was subsequently stationed quently activated on June 19, 1952, under his The future health of America as a whole will in Italy. Before returning to the United States personal leadership. be influenced substantially by our success in and civilian life, Don married his wife Myriam Special Forces, who first gained prominence improving the health of minority and other in Trieste, Italy. He did post-graduate work at while serving in Vietnam with their distinctive

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.135 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E639 green berets, are today deployed throughout down an institution widely criticized for pro- horror shall never again take place. It was my the world working side-by-side with indigenous moting vehemently anti-Semitic symposia, great privilege to join other Members of Con- forces to combat global terrorism. America has speakers, and materials. gress and leaders in lighting one of the six such a capability because of this one man’s At a time when blood libels, canards like the candles in memory of the six million victims of vision and undaunted drive for excellence. Protocols of the Elders of Zion, and other anti- the Holocaust. Mr. Speaker, our Special Operations Forces Semitic conspiracy theories are being broad- The focus of today’s commemoration was are among the best warriors this country has cast on Arabic television channels, the United particularly meaningful for me, Mr. Speaker, ever produced, and Colonel Aaron Bank stood States must be more vigilant in its stance on because this year marks the 60th anniversary at the forefront of that group. I am sure my fel- this issue. We cannot allow governments of the Holocaust in Hungary. In March of low Members will join me in extending heart- afraid or unwilling to confront the blight of anti- 1944, Nazi German troops occupied Hungary. felt condolences to his family, and in recog- Semitism to turn a blind eye and permit defa- Hungary had been an ally of Hitler, but as nizing this great American for the service he mation to be accepted as freedom of speech. Germany began to fall back before the ad- offered his country. He was truly the quiet pro- Today, we must resound the words ‘‘never vancing Soviet army, the German high com- fessional. again’’ to the community of nations whose fail- mand was uncertain about Hungary’s loyalty. f ure to take action against hatred and incite- Germany occupied Hungary, established a ment against Jews quickly turned to devasta- puppet regime in Budapest, and Adolf Eich- COMMEMORATING YOM HASHOAH tion and murder a mere half century ago. mann was sent to Hungary to oversee the f elimination of Hungary’s entire Jewish popu- HON. HENRY A. WAXMAN lation. OF CALIFORNIA REMEMBER YOM HASHOAH As the Germans began to move against IN THE HOUSE OF REPRESENTATIVES Hungary’s population, the United States took action to help preserve the Jewish population. Thursday, April 22, 2004 HON. JOSEPH CROWLEY OF NEW YORK The U.S. War Refugee Board was established Mr. WAXMAN. Mr. Speaker, I rise to com- IN THE HOUSE OF REPRESENTATIVES in January 1944. On March 25, 1944—less memorate Yom HaShoah, Holocaust Martyrs’ than a week after German troops occupied Thursday, April 22, 2004 and Heroes’ Remembrance Day, which me- Hungary—President Franklin D. Roosevelt morializes the six million Jews murdered dur- Mr. CROWLEY. Mr. Speaker, I rise today to called for the rescue of the Jewish population ing World War II. join people around the world to remember in Hungary: ‘‘In the name of justice and hu- I join my colleagues in mourning the inno- Yom HaShoah. Remembrance of victims of manity let all freedom loving people rally to cent lives and vibrant communities destroyed the Holocaust is an indispensable and endur- this righteous undertaking.’’ by Nazis while the world shamefully stood by, ing task. We all must honor and identify with Mr. Speaker, at the request and through the and call upon all of us to redouble our efforts the victims. involvement of the U.S. War Refugee Board, to combat resurgent anti-Semitism and intoler- The most horrifying extent of anti-Semitism Swedish businessman Raoul Wallenberg was ance around the world. took place during the Nazi and Fascist reign in given diplomatic status and sent by his gov- As we observe the anniversary of the War- Europe. Jewish people were beaten, discrimi- ernment to Budapest. He and his Swedish col- saw ghetto uprising, when a brave cadre of nated, and deported to concentration camps leagues, including Per Anger, helped protect fighters battled a Nazi siege to liquidate the where they had to suffer from hard labor and tens of thousands of Hungarian Jews from community’s last remaining Jews, we must medical experiments or were executed in gas being deported to Auschwitz by distributing also pay tribute to survivors who continue chambers. This most horrible form of anti- protective Swedish passports or travel papers. today to battle the traumatic horrors of their Semitism took the lives of more than six mil- With funds provided by the United States he past. lion people, and the Jewish fate must never also rented apartment blocks and declared I would like to take this opportunity to recog- be forgotten. Indeed, we must ensure that the them protected Swedish diplomatic enclaves, nize Cafe´ Europa, a social service and Holo- seeds of anti-Semitism are never sown again and he was able to protect numerous Jews in caust survivors advocacy group of Jewish in Europe or elsewhere in the world. these buildings. Family Services of Los Angeles, which marked And although we are currently in the sixth Carl Lutz, a Swiss diplomat, also issued cer- its 16th anniversary this week in a Yom decade after the end of the Holocaust, the tificates of emigration that placed thousands of HaShoah ceremony at Mount Sinai Memorial fight against anti-Semitism is far from over. Jews in Budapest under Swiss protection. Park in Hollywood Hills. Quite the contrary, new hatred against Jews Italian businessman Giorgio Perlasca, posing Cafe´ Europa, like other groups across the can be witnessed in Europe, the Caucasus, as a Spanish diplomat, issued forged Spanish country, has played a key role in making sure and Central Asia. Nazi slogans are shouted in visas and established under his ‘‘authority’’ that Holocaust survivors have the social sup- the streets of Germany, synagogues are burnt, safe houses, including one for Jewish children. port and resources they need to overcome and Jews are beaten up. This kind of hatred Many other diplomats, including the Por- their haunting suffering and live out their years has already brought catastrophe to the Jewish tuguese diplomat Branquinho, were active in in peace. people. Remembrance of the past is therefore saving lives. We all have a responsibility to make sure essential as it helps focus attention on current Mr. Speaker, I was one of those fortunate the atrocities they witnessed are not forgotten and future threats to the Jewish people. individuals who were able to find refuge in one and never again repeated. While we have Remembrance must, however, go beyond of the Wallenberg safe houses after I success- come very far in combating Holocaust denial intellectual insight and historical facts and fully escaped from a forced labor camp north and racial hatred against Jews, new and dif- should also include an emotional under- of Budapest. Most of the members of my fam- ficult challenges unfortunately remain ahead. standing, as far as this is possible. Only then ily and a large portion of my wife Annette’s There is a terrible climate of anti-Semitism are people ready to develop an attitude of family were killed during that dark period. growing worldwide. In European and Arab zero-tolerance against anti-Semitism and dis- When Soviet military forces liberated Buda- countries, there has been a dramatic rise of crimination in general. pest in January and February 1945, more than anti-Semitism and Holocaust denial fomenting f 100,000 Jews were still alive in the city be- violent attacks against Jews and exacerbating cause of the efforts of Wallenberg, Lutz, tensions in the Middle East. It is incumbent NATIONAL COMMEMORATION OF Perlasca, and other diplomats and individuals. upon the United States to speak out, raise THE DAYS OF REMEMBRANCE There are many individuals alive today—as awareness, and call for action. well as our children and grandchildren—be- While the State Department annual country HON. TOM LANTOS cause of the work of these individuals and the reports on human rights and religious freedom OF CALIFORNIA efforts of the United States War Refugee have attempted to track anti-Semitism the re- IN THE HOUSE OF REPRESENTATIVES Board. sults have been woefully inadequate. For ex- Mr. Speaker, as we mark the 60th anniver- ample, the 2003 State Department Country Thursday, April 22, 2004 sary of the Holocaust in Hungary, I urge my Report on the United Arab Emirates mistak- Mr. LANTOS. Mr. Speaker, today in the colleagues to join me in this solemn remem- enly characterizes the closure of the Zayed great rotunda of the Capitol Building, the an- brance. At the same time, I urge all of us to Centre for Coordination and Follow-up as a nual Days of Remembrance ceremony was recommit ourselves to fighting against the form of censorship instead of commending the held to remind us of the victims of the Holo- evils that led to the Holocaust—anti-Semitism, UAE government for taking action to shut caust and again commit ourselves that such a racism, bigotry, and intolerance. Unfortunately,

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.138 E22PT1 E640 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 as we have seen too often lately, these pre- DAY OF REMEMBRANCE FOR THE deed, many of those states which either as- cursors to violence and the murder of inno- HEROES AND MARTYRS OF THE sisted the Nazis in the liquidation of their Jew- cents have not been eradicated. We have HOLOCAUST ish populations, or simply sat by quietly as the seen a resurgence of anti-Semitism in many Nazis fulfilled their vicious agenda, are today places in Europe. We have seen religious ex- HON. GARY L. ACKERMAN among Israel’s most vigorous critics. tremists in the Middle East and elsewhere car- OF NEW YORK By contrast, the United States is, and I hope rying out horrendous atrocities against others IN THE HOUSE OF REPRESENTATIVES always will be, Israel’s closest ally and friend in the misused name of their God. We have in the international community. I am proud of Thursday, April 22, 2004 America’s support for Israel, and I think it is no seen ethnic differences lead to genocide in Af- Mr. ACKERMAN. Mr. Speaker, I rise to call coincidence that the United States and this rica—a tragic event whose 10th anniversary the attention of the House to the Day of Re- Congress do so much answer the call of we marked just a few days ago. membrance for the Heroes and Martyrs of the memory the Holocaust demands. Mr. Speaker, let us recommit ourselves to Holocaust. Today is the National Commemo- Today in the Capitol we recall the stark fight against the intolerance and bigotry that ration day, and the Rotunda of the Capitol facts of the Holocaust: that in the years be- led to the Holocaust and that continues to again will serve as the focal point of America’s tween 1933 and 1945, a modern, cultured, produce such suffering and tragedy in our obligation to remember. Sadly, the Holocaust Western nation transformed from a democracy world. Let us recommit ourselves to respect is not old news, even though the last camp into a dictatorship; that this dictatorship initi- for individual differences and to fight for was liberated in 1945, even though the last ated a war not only against the nations of Eu- human rights. victim was killed in 1945, even though the rope, but against the Jewish people; that to Nazi regime fell in 1945. fulfill the mandate of genocide Nazi Germany f Unfortunately Mr. Speaker, the Holocaust is established ghettos, special military killing a current event. It is not then, it is now. It is units, a bureaucracy to manage the construc- HOLOCAUST REMEMBRANCE DAY today, it is this moment. Today in America, tion and operation of the concentration camps, Holocaust survivors are still struggling to win slave labor camps and extermination camps, back their lost property and overdue com- and a transportation system to bring Europe’s HON. ROSA L. DeLAURO pensation. Today in Europe, on the same Jews to their doom; and that at the end of the streets the Nazis declared Judenrein—Jew- Nazis’ regime, their campaign of persecution OF CONNECTICUT free—Jews are again being attacked and as- and annihilation had systematically murdered IN THE HOUSE OF REPRESENTATIVES saulted. Today around the world, newspapers some 6,000,000 innocent Jews. and media outlets are spewing vicious, ven- Mr. Speaker, we must remember this. To ig- Thursday, April 22, 2004 omous anti-Semitic lies and incitement. Today nore the Holocaust is to risk its repetition and in other countries, ethnic cleansing is taking to clear a path for deniers and bigots and their Ms. DELAURO. Mr. Speaker, today marks agenda of hate. The Holocaust must be re- the national commemoration of Holocaust Re- place. Today, intolerance, xenophobia, racism, and anti-Semitism are realities in our world, membered. As a moral nation, we can do no membrance Day. Today the Congress will and we cannot ignore this fact. less. stop to remember the six million Jews mur- Our obligation as a nation which has adopt- f dered in the Holocaust. That dark time in his- ed the ethos of ‘‘Never Again,’’ at a very bare tory taught us lessons which we must always COMMEMORATION OF HOLOCAUST minimum, is to remember. Our national com- REMEMBRANCE DAY remember, and which must guide our future. mitment to remember the Holocaust is worth We know the depths to which humanity can reflecting on and is something we can be descend; we know how millions of people can proud of as long as we remain vigilant and HON. TIM HOLDEN embrace evil; and we know that it must never aware of the unique nature of this tragedy in OF PENNSYLVANIA happen again. human history. IN THE HOUSE OF REPRESENTATIVES Indeed, from that terrible moment in history, The American people’s commitment is em- Thursday, April 22, 2004 the world took up a battle cry against bigotry bodied in the U.S. Holocaust Memorial Mu- Mr. HOLDEN. Mr. Speaker, I rise today as and hatred: ‘‘Never again.’’ As the world’s only seum and its ongoing mission. The American we join together at the United States Capitol superpower, it is our responsibility to make public also gives generously to non-profit to observe the national commemoration of that statement an element of our foreign pol- groups that develop and share Holocaust edu- Holocaust Remembrance Day. icy. The United States must be ever vigilant in cation programs around the country. And most Also known as Yom HaShoah, a Hebrew preventing genocide, as we did in Kosovo. We importantly, the United States remains an ac- term for ‘‘The Holocaust,’’ this is an inter- must be willing to stand up quickly and force- tive and vocal supporter of universal human nationally recognized day set aside each year rights and guardian against the continued risk fully to the ideology of hate, wherever we find to remember the victims of the Holocaust and of genocide. There is, unfortunately, a jus- it. to remind each of us what can happen when tification for this activity beyond good bigotry and hatred are not confronted. We must be vigilant at home, as well. This heartedness. The Holocaust’s magnitude of destruction vigilance requires us to tell the story of the The shame of this country’s refusal to either with more than 12 million deaths—6 million Holocaust to each other and to our children. admit Jewish refugees from Nazi persecution Jews, including 1.5 million children (more than We owe nothing less to the survivors and to or even to bomb the railway lines to the con- 2⁄3 of European Jewry) and 6 million others— the brave men who fought to liberate the centration camps will forever remain a challenges comprehension. Studying the Holo- Ghettos and the death camps. We also owe blackmark on our national honor. While this caust presents a framework of many relevant this debt to the men and women who, in the loathsome chapter of our national history can- moral issues. The Holocaust illustrates the midst of Holocaust, stood out as some of hu- not be unwritten, we can and must pursue consequences of prejudice, racism and stereo- manity’s brightest lights: Raoul Wallenberg policies that ensure such tragedies never typing on a society. It forces us to examine and Per Anger provided nearly 100,000 Hun- occur again. Refugees continue to deserve the the responsibilities of citizenship and confront garian Jews with fake passports and other protection and assistance of the United States, the powerful ramifications of indifference and tools to escape Nazi persecution. Oskar and we must never be afraid to intervene to inaction. The Holocaust also shows us how a Schindler’s employment of Polish Jews spared prevent genocide or ethnic cleansing. combination of events and attitudes can erode thousands from death. In Denmark, entire fish- We must also continue to build and a society’s democratic values. ing communities helped ferry almost 90 per- strengthen the bonds of friendship and support As we commemorate Holocaust Remem- brance Day, we must acknowledge that anti- cent of Denmark’s Jews to safety in Sweden. between this nation and the State of Israel, which emerged out of the ashes of the Holo- Semitism and other dangers still exist. Acts of These stories must be told. caust. While much of the world quibbles over, anti-Semitism in countries throughout the On this day when the Congress stops to re- or disputes entirely, the right of the Jewish world, including some of the world’s strongest member the six million people slaughtered in people to establish a state in their historic democracies, have increased significantly in the Holocaust, I hope that we also recall these homeland, the United States has never for a frequency and scope over the last several incredible stories of courage and of the good moment doubted the rightness and morality of years. During the first 3 months of 2004, there that humanity can achieve, even in the midst this enterprise or questioned the right of the were numerous instances of anti-Semitic vio- of unspeakable horror. Jewish people to have a state of their own. In- lence around the world. For instance:

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\K22AP8.010 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E641 In Australia, poison was used to ignite, and mate death experienced by the victims of the Hashoah, Holocaust Martyr’s and Heroes Re- burn anti-Semitic slogans into, the lawns of Holocaust. We commit ourselves—as a coun- membrance Day. I join the people of Israel the Parliament House in the state of Tas- try and as human beings—to never allow the and those around the world to memorialize the mania; pleas of those in need to ever again go unan- 6 million Jews who were murdered by the In St. Petersburg, Russia, vandals dese- swered. Nazis during World War II. crated approximately 50 gravestones in a Jew- We recommit ourselves to stand against In 1933, there were over 9 million European ish cemetery, painting the stones with swas- anti-Semitism, discrimination, and intolerance Jews. By 1945, close to two out of every three tikas and anti-Semitic graffiti; in all forms—at home and abroad. As we re- had been killed as part of the Nazi’s Final So- In Toulon, France, a Jewish synagogue and flect upon the murder of 6 million innocent lution. European cities have never recovered community center were set on fire; Jewish men, women and children, and the the diversity and way of life they had prior to And just 4 weeks ago in Toronto, Canada, systematic destruction of families and vibrant the war. The Jewish people killed were teach- vandals attacked a Jewish school, a Jewish communities, we reestablish our determination ers, lawyers, doctors, musicians, parents, and cemetery, and area synagogues, painting to confront the past, and our dedication to per- children. These innocents were killed because swastikas and anti-Semitic slogans on the petuating the memory of those who suffered. they were Jewish and targeted for no other walls of a synagogue and on residential prop- We shall never forget. reason, they were no different from you or I. There are few Holocaust survivors alive and erty in a nearby, predominantly Jewish, neigh- f borhood. it is important for them to share their stories HOLOCAUST REMEMBRANCE DAY Anti-Semitism in old and new forms is also and educate people about the Holocaust, here and abroad. Over 50 years have passed since increasingly emanating from the Arab and the Holocaust but anti-Semitism still exists. Muslim world on a sustained basis, including HON. JOE BACA There has been an upsurge of anti-Semitism through books published by government- OF CALIFORNIA overseas and it must stop before there are fur- owned publishing houses throughout the Arab IN THE HOUSE OF REPRESENTATIVES Thursday, April 22, 2004 ther extreme acts. region. We must also remember the others who The sharp rise in anti-Semitic violence has Mr. BACA. Mr. Speaker, I rise today to re- were murdered for being different. Gypsies, caused international organizations such as the member the tragic horror of the Holocaust. the handicapped, and Poles were also tar- Organization for Security and Cooperation in The memory of the six million Jews murdered geted for destruction or decimation for racial, Europe (OSCE) to elevate, and bring renewed by the Nazis must never be forgotten. ethnic, or national reasons. Millions more, in- focus to, the issue, including the convening by Yom Ha Shoah, Holocaust Martyrs’ and He- cluding homosexuals, Jehovah’s Witnesses, the OSCE in June 2003 of a conference in Vi- roes’ Remembrance Day, stands as the day Soviet prisoners of war, and political dis- enna dedicated solely to the issue of anti- when people all over the world remember the sidents, also suffered grievous oppression and Semitism. The OSCE will again convene a inhuman actions of Nazis and the righteous death under Nazi tyranny for no specific rea- conference dedicated to addressing the prob- actions of heroes. son except they were different. lem of anti-Semitism on April 28–29, 2004, in Six million people were murdered in con- The Holocaust was not an accident. It was Berlin, with the United States delegation to be centration camps, in homes, on the street, and a planned attempted extermination. Individ- led by former Mayor of New York City Ed in the ghettos. uals, organizations and governments made Koch. Their lives were lost and all that is left are choices that not only legalized discrimination Mr. Speaker, I am proud of the manner in memories and mementos. but also allowed prejudice, hatred, and ulti- which Congress has consistently supported ef- We must remember the lives of those who mately, mass murder to occur. As a global so- forts to address the rise in anti-Semitic vio- perished during the Holocaust. We must teach ciety we must work to ensure something like lence. In that spirit we must ensure the United the children of the horror and terror that can this does not occur again. States Government remains strongly com- happen when the world turns the other way We will never forget. mitted to supporting international efforts to ad- and refuses to notice hatred and bigotry, rac- f dress anti-Semitism through bilateral relation- ism and anti-Semitism. SO THAT THE WORLD WILL NEVER ships and interaction with international organi- When I visited Israel and Yad va Shem, I FORGET: REMEMBERING THE zations such as the OSCE, the European remember walking into the Hall of Remem- VICTIMS OF THE HOLOCAUST Union, and the United Nations. It is in this brance and seeing the single memorial flame spirit that we can truly say, ‘‘Never Again.’’ casting light in the dark room. The memorial light always burns never for- f HON. KENDRICK B. MEEK getting what took place during the Holocaust. OF FLORIDA ON THE OCCASION OF HOLOCAUST It is this light that I think of when I hear that IN THE HOUSE OF REPRESENTATIVES REMEMBRANCE DAY Temple Emanu-El in San Bernardino held an Thursday, April 22, 2004 interfaith ceremony commemorating the Holo- HON. MICHAEL R. McNULTY caust. Mr. MEEK of Florida. Mr. Speaker, today I But commemoration should not end with rise to join with my community and my col- OF NEW YORK Holocaust Remembrance Day. Throughout the leagues to recognize Yom HaShoah, the day IN THE HOUSE OF REPRESENTATIVES year, whenever we see the injustice of anti- established to remember the state-sponsored Thursday, April 22, 2004 Semitism and the injustice of racism we need persecution and murder of approximately six to remember the Holocaust and speak out. million Jews by the Nazi regime and its col- Mr. MCNULTY. Mr. Speaker, I join today laborators. with many of my colleagues to commemorate All over Europe, the Middle East and North America, anti-Semitic acts occur with disheart- Yom HaShoah, the Hebrew word for de- Yom Ha-Shoah, Holocaust Remembrance struction, is the term used to describe the war Day, which memorializes the 6 million Jews ening frequency. We must speak out against these attacks. We must speak out against the that swept up the souls of six million Jews be- murdered by the Nazis during World War II. tween 1938 and 1945. A war in which un- We mourn the innocent lives and vibrant stereotypes and anti-Semitic forgeries seen on the Internet and in the foreign press. We must speakable atrocities were perpetrated against communities destroyed while the world a defenseless and blameless people, whose speak out against all racist and bigoted ac- shamefully stood silent. We encourage the ad- only ‘‘crime’’ was their religious beliefs. tions. vancement of Holocaust education and we Men and women, young and old alike, per- We must be vigilant, so that we can say that must continue the battle against resurgent ished at the hands of the Nazis and their al- the Holocaust will never happen again. anti-Semitism and intolerance around the lies. Every year, on Yom HaShoah, we re- world. f member the martyrs who perished in the We must also do more to stop the steady HOLOCAUST REMEMBRANCE DAY camps, in the ghettos, and in the gas cham- stream of hatred. The dramatic rise of anti-Se- bers. mitic attacks and Holocaust denials in Europe HON. CAROLYN McCARTHY It has been 60 years since the Holocaust. and in Arab countries is unacceptable. To survivors, and those who lost friends and OF NEW YORK We shall never forget the horrific crimes of family members, it remains real and ever- IN THE HOUSE OF REPRESENTATIVES murder and destruction committed by the present. But to many people, who did not di- Nazis. We firmly commit ourselves to ensuring Thursday, April 22, 2004 rectly experience the Holocaust or have a con- that future generations shall never be forced Mrs. MCCARTHY of New York. Mr. Speak- nection to those who did, 60 years makes the to endure the suffering, humiliation, and ulti- er, I rise today to commemorate Yom Holocaust seem like ancient history.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.144 E22PT1 E642 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 It is for this reason that we meet here today, What remains for us is to honor and pre- I serve as the Ranking Member of the Com- for the world must never forget the unspeak- serve the memories and lives of both the vic- mission on Security and Cooperation in Eu- able horror of the Holocaust. Every person tims and the survivors of the Holocaust. Out of rope (CSCE), commonly known as the Hel- has a responsibility to fight against ignorance, the great tragedy of the Holocaust emerges a sinki Commission. Later today I will travel to intolerance and prejudice in all its forms. tremendous object lesson for humanity: hatred Europe as part of the U.S. Delegation to sev- So let us rededicate ourselves as we com- and bigotry can never be taken for granted or eral meetings of the Organization for Security memorate this day of Yom HaShoah, so that left unchecked. We must never forget. and Cooperation in Europe (OSCE), a fifty-five the memories of the Jewish victims of the Hol- Mr. Speaker, memory is critical—our own national regional security organization which ocaust can live on for eternity and that a trag- and that of the victims of unprecedented evil includes Europe, Central Asia, and North edy like this will never happen on the face of and suffering. The Holocaust is an era we America. The Helsinki Commission has held the earth again. must remember not only because of the dead; multiple hearings on this issue, and the House f it is too late for them. Not only because of the and Senate have adopted resolutions strongly survivors; it may even be too late for them. condemning this rising tide of anti-Semitism, HOLOCAUST MARTYRS’ AND Preserving memory is a solemn responsibility, as has the OSCE Parliamentary Assembly. HEROES’ REMEMBRANCE DAY aimed at saving men and women from apathy As part of my upcoming Helsinki Commis- to evil, if not from evil itself. We must never sion trip, I will travel to Warsaw, Krakow, and HON. MAX SANDLIN forget. then to the death camps at Auschwitz, to see OF TEXAS Mr. Speaker, sixty years ago, much of the firsthand the remains of the factories of intoler- IN THE HOUSE OF REPRESENTATIVES world overlooked the deadly plight of an entire ance, hate, and death. From there I will travel people until it was almost too late. We have a Thursday, April 22, 2004 to an OSCE Conference on Anti-Semitism, sacred obligation—in order to truly keep faith which will also be attended by Secretary of Mr. SANDLIN. Mr. Speaker, last Sunday, with the principles upon which our great nation State Colin Powell. I will then return to the April 18, 2004, the people of the world memo- was founded—to remain vigilant, to remember United States, where I will host a group of rialized Yom HaShoah—a special day of re- the horrors of the past, to learn from them, constituents at the U.S. Holocaust Memorial membrance honoring the martyrs and heroes and to protect against them for all eternity. We Museum in Washington. of the Holocaust. Holocaust Remembrance must never forget. The Berlin Conference will be instrumental Day is a day that has been set aside to re- Mr. Speaker, Nobel laureate and Holocaust in the battle against anti-Semitism, as elected member the victims of the Holocaust and to survivor, Elie Wiesel, perhaps summed it up officials, government leaders and executives remind each of us what can happen when big- best when he said, ‘‘to remain silent and indif- of non-governmental organizations come to- otry and hatred are not confronted. ferent is the greatest sin of all.’’ As Americans, gether to discuss how to fight this destructive Mr. Speaker, I am humbled as I rise today we must heed his call and embrace his chal- evil. Anti-Semitism still afflicts societies with my colleagues to honor the memories lenge. We must never forget. throughout the world, including the United and the lives of the more than 6 million victims f States. While we have made some progress in of Nazi hatred and aggression during the po- COMMEMORATION OF YOM moving governments to respond through pub- grom known to us as the Holocaust. I am also HASHOAH, AND UPCOMING OSCE lic denunciations and vigorous law enforce- humbled to stand in this cathedral of freedom CONFERENCE ON ANTI-SEMITISM ment, there is much more we can do to con- and honor the lives of the many heroes who front and combat anti-Semitism. The Con- fought so bravely against unimaginable odds HON. BENJAMIN L. CARDIN ference will specifically address the roles of to defeat a genocidal madman. governments, civil society, education and the More than 60 years ago, Adolf Hitler and his OF MARYLAND IN THE HOUSE OF REPRESENTATIVES media in combating prejudice and in pro- Nazi regime set out to eradicate European moting tolerance. Jewry. So committed were they to the accom- Thursday, April 22, 2004 As we commemorate Yom Hashoah, let us plishment of this goal, their so-called ‘‘Final Mr. CARDIN. Mr. Speaker, I rise today to honor the memory of those who perished in Solution,’’ that even in the waning days of commemorate Yom Hashoah, Holocaust Mar- the Holocaust by pledging to fight intolerance, World War II, when defeat was imminent, the tyrs’ and Heroes’ Remembrance Day, which hate crimes, and violence in our community Germans continued rounding up Jews all over memorializes the six million Jews murdered by and around the world. We shall never be silent Europe and sending them to their deaths. the Nazis during their campaign of genocide in again. Mr. Speaker, driven by a radical and un- World War II. We mourn the innocent lives lost f compromising anti-Semitic ideology, the Nazis and vibrant communities destroyed while the redoubled their efforts to reach every last Jew world shamefully stood silent, and honor those HOLOCAUST REMEMBRANCE before the war ended. They were in a rush; heroes of the Warsaw Ghetto who faced cer- time was running out. Depleting sorely-needed tain death when they refused to submit to the HON. JANICE D. SCHAKOWSKY resources from the war effort, German forces Nazi’s planned extermination of their commu- OF ILLINOIS swept across Europe, assembling and annihi- nity. IN THE HOUSE OF REPRESENTATIVES lating community after community, individual To this day, Mr. Speaker, many European Thursday, April 22, 2004 after individual, from their homes, ghettos and countries have failed to right the past wrongs hiding places. of the Holocaust by failing to adequately re- Ms. SCHAKOWSKY. Mr. Speaker, I rise Mr. Speaker, during the last year of the war dress the wrongful confiscation of property by today to pay tribute to the 6 million Jews who in Europe, German defeat was all but accom- the Nazi and communist regimes. These sei- perished at the hands of the Nazis during the plished, and yet their hatred and bigotry sur- zures took place over decades; they were part Holocaust. Today in the nation’s Capitol, we vived and thrived. Consequently, the Nazis of the modus operandi of repressive, totali- gather to pay our respects with our Days of murdered more than 700,000 Jews in the last tarian regimes; and they affected millions of Remembrance ceremony. My district, the 9th full year of the war, including most of the Jews people. The passage of time, border changes, Congressional District of Illinois, is home to a of the last large community in Europe, Hun- and population shifts are only a few of the large number of survivors of the Nazi death gary. In one of the most efficient deportation things that make the wrongful property sei- camps, and this day holds deep meaning for and murder operations of the Holocaust, the zures of the past such difficult problems to ad- those individuals and the entire Jewish com- Nazi and Hungarian regimes deported dress today. munity. 437,000 Jews to Auschwitz-Birkenau in just While I recognize that many obstacles stand Recent events in the Middle East and eight weeks, and killed tens of thousands in the way of righting these past wrongs, I do around the world underscore the importance more later that year. not believe that these challenges make prop- of this day. Anti-Semitic and anti-Israel rhetoric Six decades have passed since Allied erty restitution or compensation impossible. and demonstrations continue in numerous troops liberated the labor and death camps, On the contrary, I believe much more should countries. And while we respect the right of and yet the memory of the horrors perpetrated have been done—and can still be done now- every person to be heard, the hateful displays against the Jewish people is seared into the while our elderly Holocaust survivors are still throughout the world that are directed at the collective conscious of the world. However, living. Jewish people remind us that ‘‘Never Again’’ is Mr. Speaker, sadly, we cannot undo history, Today I also want to sound the alarm about not a guarantee, but a promise that we must and we cannot reverse the atrocities carried a disturbing trend that Jews face today: a ris- uphold through education, dialogue, and deter- out by a barbarous German regime. ing tide of anti-Semitism throughout the world. mination. It reminds us that we must continue

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.148 E22PT1 April 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E643 to strengthen the U.S. commitment to the se- ished in the Holocaust and extend my support ocaust as we observe Yom Hashoah, Holo- curity of Israel. Moreover, we must redouble to today’s annual Days of Remembrance cere- caust Martyrs’ and Heroes’ Remembrance our efforts to bring lasting peace to the Middle mony at the U.S. Capitol. Day. East. The Days of Remembrance ceremony, Yom Hashoah commemorates the April and ‘‘Never Again’’ also means that we must along with the creation of the United States May 1943 Warsaw Ghetto uprising. Led by 23- combat hate and genocide wherever it exists. Holocaust Memorial Museum, were estab- year-old Mordecai Anielewicz, 750 Jewish re- We must never turn a blind eye to terror or lished by Congress to permanently honor sistance fighters battled heavily armed Ger- discrimination. We must demand that our gov- these victims. The lasting legacy of the mu- man troops and police attempting to deport ernment hold those who carry out acts of seum and today’s annual ceremony is not only the surviving ghetto inhabitants to concentra- needless brutality accountable and that it take to remember those who perished, but also to tion camps. In an appeal to the world commu- action to prevent unwarranted human misery. educate the world about human rights. nity to end the atrocities of the Holocaust, the We recently marked the ten year anniver- The 2004 Days of Remembrance asks us to fighters wrote, ‘‘A battle is being waged for sary of the Genocide in Rwanda, a horrific pe- pay tribute to the memory of the Jews of Hun- your freedom as well as ours. For you and our riod in recent history. The world, including the gary, who were deported 60 years ago in the human, civic, and national honor and dignity.’’ United States, allowed for the brutal murder of final stages of World War II, and to honor Unfortunately, their call went largely unan- 800,000 Tutsis in just 100 days of barbaric those courageous individuals as well as the swered. While the fighters were able to hold killings. President Clinton has cited the Rwan- few organizations and countries who at- out for nearly a month, the German firepower dan genocide as one of his worst regrets. tempted to rescue them. In my Congressional district last weekend, was too much. In the end, more than 56,000 When I served in the Connecticut Senate as Jews were captured, 7,000 were shot, and the the Cambodian Association of Illinois held a Senate President Pro Tempore, I had the groundbreaking ceremony for the first Killing remainder were deported to concentration great honor of presiding over the Days of Re- camps. Fields Memorial Museum in the United States. membrance for 8 years. These ceremonies While we must honor those who were lost Between the years of 1941 and 1945, more were incredibly moving. They inspired all in at- during the Holocaust and other past genocides than 12 million innocent civilians were mur- tendance to reflect on how such tremendous by carrying on and living honorable and pro- dered in the Holocaust, including 6 million ductive lives, the most important thing we can horror could happen in a civilized world. Every Jews. These people were singled out not be- do to honor lives lost in the past is to refuse memorial candle lit by survivors and their fam- cause of any wrongdoing, but rather because to repeat the same mistakes today that al- ily members was a testament that the eternal of their families’ religion or where they were lowed for those atrocities to occur in the past. flame of life may flicker and dim, but it can born. Today, as we mark the Holocaust and honor never be extinguished. Nearly 60 years after the end of this attempt the lives that were lost in the world’s worst One family in particular that understands to exterminate an entire religion, anti-Semi- murder case, and, as we reflect on other past this painful moment in history all too well is tism, racism, and xenophobia continue to genocides, history appears, shamefully, to be that of my colleague from Connecticut Senator plague humanity. People are discriminated repeating itself. JOE LIEBERMAN. Senator LIEBERMAN’s wife Ha- against and even targeted for violence simply Today, in the Sudan, civilians are being sys- dassah, is the daughter of Auschwitz death because of where they were born or who their tematically murdered, raped and brutalized by camp survivors. Although her father, Rabbi ancestors are. Every day, this occurs not only the government and other forces. We will like- Samuel Freilich, has died, he bravely con- in Europe, the Middle East, and North Africa, ly witness the loss of hundreds of thousands fronted his memories of Auschwitz by writing but also here in America. Now more than of innocent lives in the coming weeks if the the book, The Coldest Winter. ever, we all must work to understand those of world stands idly by and does nothing to inter- Hadassah Lieberman was part of the U.S. different cultures, races, and religions. Mutual vene. delegation who attended the ceremony to respect for differences will lead to the end of Some in this body may feel some comfort in mark the 50th anniversary of the liberation of hostilities, and only then will the opportunity pointing to the fact that a hearing has been Auschwitz. I can’t possibly begin to know what for world peace exist. held or that they were willing to sign a letter that trip must have meant to her. Yet, I do As philosopher George Santayana said, or cosponsor a non-binding resolution ex- know that her courage to travel to this place ‘‘Those who cannot remember the past are pressing concern. Those are important steps of horrible evil, and the courage of every sur- condemned to repeat it.’’ I encourage my con- to take to put the Congress on record, but un- vivor and their families, is truly remarkable. stituents to take this opportunity to visit the fortunately, they will not save lives. The situa- This year’s Days of Remembrance theme is Rhode Island Holocaust Memorial Museum, tion in Sudan is a human rights emergency, ‘‘For Justice and Humanity.’’ Sadly, thousands speak to a Holocaust survivor, or read a book one that demands immediate action, not just around the world have not found justice from by Eli Wiesel. I solemnly remember and honor words from the United States and the inter- the crimes against humanity that they have all of those who lost their lives in the Holo- national community. ‘‘Never Again’’ means endured. caust, and I will do all in my power to ensure A United Nations Commission on Human making tough decisions to preserve human that similar atrocities never occur again. Rights statement issued yesterday indicates life. f While President Bush has acknowledged that human rights violations around the world the situation in Sudan and has expressed con- are far from eliminated. The Commission HOLOCAUST REMEMBRANCE DAY cern, he has not taken action to address it. agreed to assist countries that have recently Phone calls and press statements do not con- experienced violence or are still combating HON. ELIOT L. ENGEL insurgencies, such as Afghanistan, Nepal, stitute action. Today, I call on President Bush OF NEW YORK in the name of human dignity and compassion Timor-Leste, Cambodia, Haiti, Burundi, Soma- IN THE HOUSE OF REPRESENTATIVES to honor those who were lost in years past lia, the Democratic Republic of the Congo, while the world watched in silence, to exert Chad, Liberia, Somalia and Sierra Leone. Thursday, April 22, 2004 true leadership and take action to stop the kill- Today’s ceremony is a critical reminder that Mr. ENGEL. Mr. Speaker, I rise in honor of ing in the Sudan. the fight against repression and violence is a this Holocaust Remembrance Day, Yom Each one of us has a responsibility to con- difficult battle. Yet, it also reminds us that HaShoah, to remember both the best and the demn the senseless killing that is taking place while the capacity to hate does exist in this worst of humanity. Six million Jews and mil- and to demand that our great nation lead the world, an equally potent capacity for hope, for lions of others were rounded up, tortured, and world in bringing the bloodshed to an end. courage and for justice also exists. murdered, by the Nazis 6 decades ago. The f f martyrs of these indescribably vicious and in- RECOGNIZING HOLOCAUST RECOGNIZING HOLOCAUST humane deeds will never be forgotten, neither COMMEMORATION CEREMONY REMEMBRANCE DAY their deaths nor the principles for which they stood. We remember those who were too HON. JAMES R. LANGEVIN weak to defend themselves, who were brutally HON. JOHN B. LARSON slaughtered in death camps. We remember OF CONNECTICUT OF RHODE ISLAND those like Anne Frank who battled to preserve IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES their humanity in their own unique way. We re- Thursday, April 22, 2004 Thursday, April 22, 2004 member those who fought back, like the brave Mr. LARSON of Connecticut. Mr. Speaker, I Mr. LANGEVIN. Mr. Speaker, I rise to honor men and women who rose up against the rise to honor the millions of Jews who per- the millions who lost their lives during the Hol- Nazis in the Warsaw ghetto 60 years ago.

VerDate mar 24 2004 06:17 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.152 E22PT1 E644 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2004 Yet, nearly 6 decades after the Holocaust on the appalling events of the Holocaust and HOLOCAUST REMEMBRANCE DAY concluded, Anti-Semitism still exists as the honoring the victims of this horrific tragedy by scourge of the world. The Anti-Defamation observing Holocaust Remembrance Day. On League has found that in 2003 more than this day in 1943, the brave Jewish men and HON. 1500 Anti-Semitic incidents occurred in the women of the Warsaw ghetto revolted against OF FLORIDA United States alone. Holocaust museums their Nazi captors in what was, unfortunately, were the victims of arson and community cen- IN THE HOUSE OF REPRESENTATIVES a doomed battle. Yet their courage in the face ters defaced with swastikas. Tombs of Jews around the world, from Argentina to France, of incredible odds showed the world the Thursday, April 22, 2004 have been damaged and disgraced. For years strength of the human spirit against oppres- Mr. WEXLER. Mr. Speaker, today, we we have spoken about this unacceptable situ- sion, prejudice, and racism. mourn for the 6 million whose innocent lives ation, but we must reinforce our words with The sheer magnitude of the destruction and were taken simply because they were Jews. actions. As George Washington wrote in a let- loss of life during the Holocaust is beyond ter to the Jewish Community of Newport, comprehension. Over 12 million people lost Today, we honor the survivors of the Holo- Rhode Island 204 years ago, the Government their lives—more than 6 million of which were caust whose deep wounds will never heal. of the United States must always give ‘‘to big- Jewish. In some cases, entire Jewish families And today, we recognize the families of the otry no sanction.’’ and communities were wiped out. fallen, whose lies were forever marred by ir- As it did 60 years ago, the best of humanity reparable loss and pain. must not stand silent but respond. Too small Unfortunately, the struggle against anti- is our world to allow discrimination, bigotry Semitism continues today, as recent reports As we join together to pay tribute to those and intolerance to thrive in any corner of it, let indicate an increase in violence against the whose lives were tragically cut short, it is our alone in the United States of America. Let this Jewish community around the world. Remem- moral obligation and duty to confer the les- day of memorial strengthen our resolve to en- brance Day serves as a reminder that we sons of the Holocaust I’dor v’dor—from one sure that tolerance and coexistence will never must never forget the appalling tragedy of the generation to the next. We must use Holo- be defeated by those who wish us harm. Holocaust—and that the struggle against prej- caust education as a shield, guarding future f udice has not yet ended. societies from incitement, ignorance and hate. Now, more than ever, as anti-Semitism in- IN OBSERVANCE OF HOLOCAUST Today, we rededicate ourselves to fighting crease both in Europe and throughout the REMEMBRANCE DAY intolerance, racism and apathy so that future generations do not experience the suffering, globe, we must remember the horrors of the HON. ROBERT T. MATSUI terror and ultimate death endured by the vic- past to ensure that they may never happen OF CALIFORNIA tims of the Holocaust. We must strive to un- again. IN THE HOUSE OF REPRESENTATIVES derstand these horrific events and work to- It is in this spirit that I join my colleagues in Thursday, April 22, 2004 gether as an international community to never Congress in honoring the 6 million whose lives Mr. MATSUI. Mr. Speaker, I rise today to again remain silent and indifferent in the face have been lost, but whose memories will for- join the international community in reflecting of others’ oppression. ever live on.

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HIGHLIGHTS Senate passed S. 2329, Crime Victims’ Rights Act. The House passed H.R. 2844, Continuity in Representation Act of 2003. Senate rium on taxes on Internet access and multiple and Chamber Action discriminatory taxes on electronic commerce imposed Routine Proceedings, pages S4237–S4335 by the Internet Tax Freedom Act. Page S4333 Measures Introduced: Twelve bills were intro- A motion was entered to close further debate on duced, as follows: S. 2334–2345. Pages S4300–01 the motion to proceed to consideration of the bill Measures Reported: and, pursuant to the order of today, a vote on clo- H. Con. Res. 328, Recognizing and honoring the ture will occur at 5:30 p.m., on Monday, April 26, United States Armed Forces and supporting the 2004. Page S4333 goals and objectives of a National Military Apprecia- Message From the President: Senate received the tion Month. following message from the President of the United S. Res. 310, commemorating and acknowledging States: the dedication and sacrifice made by the men and Transmitting, pursuant to law, a report prepared women who have lost their lives while serving as law by the National Science Board entitled ‘‘Science and enforcement officers. Engineering Indicators—2004’’; which was referred S. 2270, to amend the Sherman Act to make oil- to the Committee on Commerce, Science, and Trans- producing and exporting cartels illegal. Page S4300 portation. (PM–75) Page S4299 Measures Passed: Messages From the House: Page S4299 Crime Victims’ Rights: By 96 yeas to 1 nay Measures Referred: Page S4299 (Vote No. 70), Senate passed S. 2329, to protect Measures Placed on Calendar: Page S4333 crime victims’ rights, after agreeing to the following Page S4299 amendment proposed thereto: Pages S4260–80 Measures Read First Time: Kyl/Feinstein Amendment No. 3047, of a tech- Executive Communications: Pages S4299–S4300 nical nature. Pages S4278–80 Additional Cosponsors: Pages S4301 Asbestos Litigation: Senate continued consideration Statements on Introduced Bills/Resolutions: of the motion to proceed to the consideration of S. Pages S4302–32 2290, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos Additional Statements: Pages S4294–99 exposure. Pages S4247–60 Amendments Submitted: Page S4332 During consideration of this measure today, Senate Authority for Committees to Meet: Pages S4332–33 also took the following action: By 50 yeas to 47 nays (Vote No. 69), three-fifths Privilege of the Floor: Page S4333 of those Senators duly chosen and sworn, not having Record Votes: Two record votes were taken today. voted in the affirmative, Senate rejected the motion (Total—70) to close further debate on the motion to proceed to Adjournment: Senate convened at 9:30 a.m., and the consideration of the bill. Page S4257 adjourned at 7:04 p.m., until 1 p.m., on Monday, Internet Tax Non-Discrimination Act: Senate April 26, 2004. (For Senate’s program, see the re- began consideration of the motion to proceed to con- marks of the Majority Leader in today’s Record on sideration of S. 150, to make permanent the morato- page S4333.) D392

VerDate mar 24 2004 06:09 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP4.REC D22AP4 April 22, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D393 Committee Meetings NOMINATIONS Committee on Foreign Relations: Committee concluded (Committees not listed did not meet) a hearing to examine the nominations of Lauren Moriarty, of Hawaii, to be Ambassador during her APPROPRIATIONS: FAA tenure of service as United States Senior Official to the Asia-Pacific Economic Cooperation Forum, Committee on Appropriations: Subcommittee on Trans- Christopher R. Hill, of Rhode Island, to be Ambas- portation, Treasury and General Government con- sador to the Republic of Korea, Michael W. Marine, cluded a hearing to examine proposed budget esti- of Vermont, to be Ambassador to Vietnam, and Pa- mates for fiscal year 2005 for the Federal Aviation tricia M. Haslach, of Oregon, to be Ambassador to Administration, after receiving testimony from Mar- Laos, after each nominee testified and answered ques- ion C. Blakey, Administrator, Federal Aviation Ad- tions in their own behalf. ministration, and Kenneth M. Mead, Inspector Gen- eral, both of the Department of Transportation. U.S.-CHINA RELATIONS Committee on Foreign Relations: Subcommittee on East OCEAN POLICY REPORT Asian and Pacific Affairs concluded a hearing to ex- Committee on Appropriations: Committee concluded a amine U.S.-China relations and the status of reforms hearing to examine the U.S. Commission on Ocean in China, focusing on human rights conditions and Policy Report, which provides a blueprint for a co- the prospects for democracy in China, after receiving ordinated, comprehensive national ocean policy for testimony from Lorne W. Craner, Assistant Secretary the 21st century, including 200 action-oriented rec- of State for Democracy, Human Rights and Labor; ommendations concerning ocean and coastal-related Richard Lawless, Deputy Assistant Secretary of De- issues, after receiving testimony from Admiral James fense; Arthur Waldron, University of Pennsylvania D. Watkins, USN (Ret.), Chairman, U.S. Commis- Department of History, Philadelphia; and Thea Lee, sion on Ocean Policy, who was accompanied by sev- AFL–CIO, Pieter Bottelier, Johns Hopkins Univer- eral of his associates. sity School of Advanced International Studies, and Roger W. Robinson, Jr., U.S.-China Economic and OCEAN POLICY Security Review Commission, all of Washington, Committee on Commerce, Science, and Transportation: D.C. Committee concluded a hearing to examine U.S. NOMINATIONS Commission on Ocean Policy Report, focusing on broad range ocean and coastal-related issues for the Committee on Foreign Relations: Committee concluded 21st Century, after receiving testimony from Rep- a hearing to examine the nominations of Jendayi resentatives Farr and Ehlers; and Admiral James D. Elizabeth Frazer, of Virginia, to be Ambassador to Watkins, USN (Ret.), Chairman, and Robert South Africa, who was introduced by Senator War- Ballard, Marc J. Hershman, Christopher Koch, Ed- ner; Jack Dyer Crouch II, of Missouri, to be Ambas- ward B. Rasmuson, Andrew A. Rosenberg, and Paul sador to Romania, who was introduced by Senator A. Sandifer, each a Commissioner, all of the U.S. Bond; and Victor Henderson Ashe, of Tennessee, to Commission on Ocean Policy. be Ambassador to Poland, who was introduced by Senator Alexander, after each nominee testified and answered questions in their own behalf. IRAQ TRANSITION Committee on Foreign Relations: Committee concluded BUSINESS MEETING (REVISION) hearings to examine obstacles and opportunities re- Committee on Indian Affairs: On Wednesday, April garding the Iraq transition, focusing on the Admin- 21, Committee approved a revised amendment in the istration’s plans for the transition to Iraqi sov- nature of a substitute, which will be offered as a ereignty, after receiving testimony from Marc Gross- Floor amendment to S. 344, expressing the policy of man, Under Secretary of State for Political Affairs, the United States regarding the United States rela- and Francis J. Ricciardone, Jr., Coordinator, Iraq tionship with Native Hawaiians and to provide a Transition Team, both of the Department of State; process for the recognition by the United States of Peter W. Rodman, Assistant Secretary for Inter- the Native Hawaiian governing entity (pending on national Security Affairs, and Lieutenant General Senate calendar). Claude Kicklighter (Ret.), Transition Chief, Coali- tion Provisional Authority, both of the Department BUSINESS MEETING of Defense; and Andrew S. Natsios, Administrator, Committee on the Judiciary: Committee ordered favor- United States Agency for International Development. ably reported the following bills:

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S. Res. 310, commemorating and acknowledging an approach for stopping terrorists, the inherent ar- the dedication and sacrifice made by the men and rest authority possessed by States, and the absence of women who have lost their lives while serving as law Congressional preemption, after receiving testimony enforcement officers; from Kris W. Kobach, University of Missouri-Kan- H. Con. Res. 328, recognizing and honoring the sas City School of Law, Kansas City; E.J. Picolo, United States Armed Forces and supporting the Florida Department of Law Enforcement, Fort Myers; goals and objectives of a National Military Apprecia- David A. Harris, University of Toledo College of tion Month; and Law, Toledo, Ohio; and Michelle Malkin, Bethesda, S. 2270, to amend the Sherman Act to make oil- Maryland. producing and exporting cartels illegal. IMMIGRATION LAW ENFORCEMENT BUSINESS MEETING Committee on the Judiciary: Subcommittee on Immi- Select Committee on Intelligence: Committee met in gration, Border Security, and Citizenship concluded closed session to consider pending intelligence mat- a hearing to examine the assistance of state and local ters. authority to enforce immigration laws, focusing on Committee recessed subject to the call. h House of Representatives cancy is announced by the Speaker of the House of Chamber Action Representatives in extraordinary circumstances, by a Measures Introduced: 25 public bills, H.R. yea-and-nay vote of 306 yeas to 97 nays, Roll No. 4193–4217; and 4 resolutions, H. Res. 603–606 130. Pages H2301–35 were introduced. Pages H2371–72 The amendment in the nature of a substitute rec- Additional Cosponsors: Pages H2373–74 ommended by the Committee on the Judiciary now printed in the bill, modified by the amendment Reports Filed: Reports were filed today as follows: printed in part A of the report of the Committee on H. Con. Res. 388, authorizing the use of the Cap- Rules was considered as an original bill for the pur- itol Grounds for the National Peace Officers’ Memo- pose of amendment. Pages H2323–24 rial Service (H. Rept. 108–467); Agreed to the Watt motion to recommit the bill H. Con. Res. 389, authorizing the use of the Cap- to the Committee on House Administration with in- itol Grounds for the D.C. Special Olympics Law En- structions by a voice vote. Then agreed to the forcement Torch Run (H. Rept. 108–468); and amendment reported by the Committee on House H. Con. Res. 376, authorizing the use of the Cap- Administration by a voice vote. Pages H2333–35 itol Grounds for the Greater Washington Soap Box Agreed to: Derby (H. Rept. 108–469). Page H2371 Maloney amendment (made in order by a unani- Chaplain: The prayer was offered today by Rev. mous consent agreement that replaces the amend- Ronald J. Nuzzi, Director, ACE Leadership Program ment no. 3 printed in part B of H. Rept. 108–466) at the University of Notre Dame. Page H2269 that requires that states ensure to the greatest extent Reception to Receive Former Members of Con- practicable that ballots are transmitted to uniformed gress in the House Chamber: The House recessed services voters or overseas voters not later than 15 to receive the United States Association of Former days after the Speaker’s announcement of a vacancy Members of Congress in the House Chamber. Later, and that the state shall accept and process the ballot agreed to the Kline motion that the proceedings had so long as it is received by the appropriate state elec- during the recess be printed in the Record. tion official not later than 45 days after the State Pages H2269–97 transmits the ballot or other election material to the voter. Pages H2328–30 Recess: The House recessed at 9:08 a.m. and recon- Rejected: vened at 10:45 a.m. Page H2297 Schiff amendment, no. 4 printed in part B of H. Continuity in Representation Act of 2003: The Rept. 108–466, that provides that any lawsuit chal- House passed H.R. 2844, to require States to hold lenging the Speaker’s announcement that more than special elections to fill vacancies in the House of 100 vacancies exist must be filed within seven days Representatives not later than 21 days after the va- of the announcement; Pages H2330–31

VerDate mar 24 2004 06:09 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP4.REC D22AP4 April 22, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D395 Larson amendment, no. 1 printed in part B of H. Quorum Calls—Votes: Two yea-and-nay votes and Rept. 108–466, that strikes the bill’s overall 45-day three recorded votes developed during the pro- time frame to conduct special elections and sub- ceedings today and appear on pages H2310, H2311, stitutes 75 days (rejected by a recorded vote of 179 H2331–32, H2332, and H2335. There were no ayes to 229 noes, Roll No. 128); and quorum calls. Pages H2324–26, H2331–32 Adjournment: The House met at 9 a.m. and ad- Larson amendment, no. 2 printed in part B of H. journed at 8:34 p.m. Rept. 108–466, that strikes the provision estab- lishing a 10-day deadline for parties to nominate Committee Meetings candidates in a special election and substitutes lan- guage that provides that candidates would be eligi- DISTRICT OF COLUMBIA APPROPRIATIONS ble to run in a special election under this bill if that Committee on Appropriations: Subcommittee on District candidate meets the requirements to get on the bal- of Columbia held a hearing on District of Columbia lot as set by state law and that states could extend Courts. Testimony was heard from the following of- the overall time deadline in the bill to accomplish ficials of the District of Columbia: Rufus G. King the result (rejected by a recorded vote of 188 ayes III, Chief Judge, Superior Court; and Annice Wag- to 217 noes, Roll No. 129). Pages H2326–28, H2332 ner, Chairperson, Joint Committee on Judicial Ad- Withdrawn: ministration and Chief Judge, Court of Appeals. Baird motion to strike the enacting clause. LABOR, HHS, EDUCATION, AND RELATED Pages H2332–33 AGENCIES APPROPRIATIONS Agreed to amend the title so as to read: to require States to hold special elections to fill vacancies in the Committee on Appropriations: Subcommittee on Labor, House of Representatives not later than 45 days after Health and Human Services, Education, and Related the vacancy is announced by the Speaker of the Agencies continued hearings on NIH, with emphasis House of Representatives in extraordinary cir- on Management Issues. Testimony was heard from Elias A. Zerhouni, MD, Director, NIH, Department cumstances. Page H2335 of Health and Human Services. H. Res. 602, the rule providing for consideration of the bill was agreed to by a recorded vote of 212 LEGISLATIVE APPROPRIATIONS ayes to 197 noes, Roll No. 127, after agreeing to Committee on Appropriations: Subcommittee on Legisla- order the previous question by a yea-and-nay vote of tive held a hearing on the House of Representatives. 210 yeas to 198 nays, Roll No. 126. Testimony was heard from the following officials of Pages H2310, H2311 the House of Representatives: Jeff Trandahl, Clerk of Helping to Enhance the Livelihood of People the House; James M. Eagen III, Chief Administra- (HELP) Around the Globe Commission: The tive Officer; Wilson S. Livingood, Sergeant at Arms; Chair announced the Minority Leader’s appointment Steven McNamara, Inspector General; Geraldine of Mr. Lynn C. Fritz of California, Mr. C. Payne Gennet, Office of the General Counsel; John R. Mil- Lucas of Washington, D.C., and Mr. Jeffery D. Sachs ler, Office of the Law Revision Counsel; M. Pope of New York, to the Helping to Enhance the Liveli- Barrow, Office of the Legislative Counsel; and John hood of People (HELP) Around the Globe Commis- Eisold, M.D., Office of the Attending Physician. The Subcommittee also held a hearing on the sion. Page H2337 GAO. Testimony was heard from David M. Walker, Meeting Hour: Agreed that when the House ad- Comptroller General of the United States, GAO. journ today, it adjourn to meet at noon on Monday, April 26; and further that when it adjourn on that DEVELOPMENTS IN LABOR LAW day, it adjourn to meet at 12:30 p.m. on Tuesday, Committee on Education and the Workforce: Sub- April 27 for Morning Hour debate. Page H2337 committee on Employer-Employee Relations held a Calendar Wednesday: Agreed to dispense with the hearing entitled ‘‘Developments in Labor Law: Ex- Calendar Wednesday business of Wednesday, April amining Trends and Tactics in Labor Organization Campaigns.’’ Testimony was heard from public wit- 28. Page H2337 nesses. Presidential Message: Read a letter from the Presi- dent wherein he transmitted a report by the Na- MISCELLANEOUS MEASURES tional Science Board entitled, ‘‘Science and Engineer- Committee on Energy and Commerce: Ordered reported ing Indicators—2004.’’—referred to the Committee the following measures: H.R. 3866, as amended, on Science. Page H2340 Anabolic Steroid Control Act of 2004; H.R. 2771,

VerDate mar 24 2004 06:09 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP4.REC D22AP4 D396 CONGRESSIONAL RECORD — DAILY DIGEST April 22, 2004 To amend the Safe Drinking Water Act to reauthor- Bird Treaty Act of 2004; and H. Res. 431, Hon- ize the New York City Watershed Protection Act; oring the achievements of Siegfried and Roy, recog- and H. Res. 516, as amended, Supporting the goals nizing the impact of their efforts on the conservation of National Manufacturing Week, congratulating of endangered species both domestically and world- manufacturers and their employees for their con- wide, and wishing Roy Horn a full and speedy re- tributions to growth and innovation, and recog- covery. nizing the challenges facing the manufacturing sec- MISCELLANEOUS MEASURES tor. Committee on Resources: Subcommittee on National STATUS REPORT—FEDERAL AGENCIES’ Parks, Recreation and Public Lands approved for full CONTINUITY OF OPERATIONS PLANS Committee action the following bills: H.R. 646, as Committee on Government Reform: Held a hearing on amended, To expand the boundaries of the Fort Can Federal Agencies Function in the Wake of a Donelson National Battlefield to authorize the acqui- Disaster? A Status Report on Federal Agencies’ Con- sition and interpretation of lands associated with the tinuity of Operations Plans. Testimony was heard campaign that resulted in the capture of the fort in from Linda D. Koontz, Director, Information Man- 1862; H.R. 2201, National War Permanent Tribute agement Issues, GAO; Michael Brown, Under Sec- Historical Database Act; H.R. 2663, To authorize retary, Emergency Preparedness and Response Direc- the Secretary of the Interior to study the suitability torate, Department of Homeland Security; and a and feasibility of designating Castle Nugent Farms public witness. located on St. Croix, Virgin Islands, as a unit of the National Park System; H.R. 2966, as amended, RESOLUTION—CONDEMNING SUDAN FOR Right-to-Ride Livestock on Federal Lands Act of ATTACKS AGAINST INNOCENT PEOPLE; 2003; H.R. 3768, Timucuan Ecological and Historic RWANDA’S GENOCIDE: LOOKING BACK Preserve Boundary Revision Act of 2004; H.R. Committee on International Relations: Subcommittee on 3819, Lewis and Clark National Historical Park Des- Africa approved for full Committee action, as ignation Act of 2004; and H.R. 3874, To convey for amended, H. Con. Res. 403, Condemning the Gov- public purposes certain Federal lands in Riverside ernment of the Republic of the Sudan for its attacks County, California, that have been identified for dis- against innocent civilians in the impoverished Darfur posal. region of western Sudan. The Subcommittee also held a hearing on SMALL BUSINESSES CREATING JOBS AND Rwanda’s Genocide: Looking Back. Testimony was PROTECTING THE ENVIRONMENT heard from public witnesses. Committee on Small Business: Subcommittee on Regu- latory Reform and Oversight held a hearing on LEGAL THREATS TO TRADITIONAL Small Businesses Creating Jobs and Protecting the MARRIAGE Environment. Testimony was heard from William Committee on the Judiciary: Subcommittee on the Con- Farland, Deputy Assistant Administrator for Science, stitution held an oversight hearing entitled ‘‘Legal Office of Research and Development, EPA; and pub- Threats to Traditional Marriage: Implications for lic witnesses. Public Policy.’’ Testimony was heard from public witnesses. OVERSIGHT—REVIEW AIRPORT SCREENER PRIVATIZATION PILOT PROGRAM OVERSIGHT—FEDERAL TRADEMARK Committee on Transportation and Infrastructure: Sub- DILUTION ACT AMENDMENTS committee on Aviation held an oversight hearing to Committee on the Judiciary: Subcommittee on Courts, Review the Airport Screener Privatization Pilot Pro- The Internet, and Intellectual Property held an over- gram. Testimony was heard from the following offi- sight hearing on a proposal to amend the Federal cials of the Department of Homeland Security: Trademark Dilution Act. Testimony was heard from David M. Stone, Acting Administrator, Transpor- public witnesses. tation Security Administration; and Clark Kent MISCELLANEOUS MEASURES Ervin, Inspector General; Norman J. Rabkin, Man- aging Director, Homeland Security and Justice Divi- Committee on Resources: Subcommittee on Fisheries sion, GAO; and public witnesses. Conservation, Wildlife and Oceans approved for full Committee the following measures: H.R. 2619, as GLOBAL UPDATES amended, Kilauea Point National Wildlife Refuge Permanent Select Committee on Intelligence: Sub- Expansion Act of 2003; H.R. 3378, Marine Turtle committee on Intelligence Policy and National Secu- Conservation Act of 2003; H.R. 4114, Migratory rity met in to hold a hearing on

VerDate mar 24 2004 06:09 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP4.REC D22AP4 April 22, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D397 Global Updates. Testimony was heard from depart- Committee on Banking, Housing, and Urban Affairs: April mental witnesses. 29, to hold hearings to examine counterterror initiatives and concerns in the terror finance program, 10 a.m., f SD–538. NEW PUBLIC LAWS Committee on Commerce, Science, and Transportation: April 27, to hold hearings to examine telecommunications pol- (For last listing of Public Laws, see DAILY DIGEST, p. D373) icy, focusing on lessons learned from the Telecommuni- S. 2057, to require the Secretary of Defense to re- cations Act of 1996, 9:30 a.m., SR–253. imburse members of the United States Armed Forces April 27, Subcommittee on Science, Technology, and for certain transportation expenses incurred by the Space, to hold hearings to examine International Space members in connection with leave under the Central Exploration Program, 3:30 p.m., SR–253. Command Rest and Recuperation Leave Program be- April 28, Full Committee, to continue hearings to ex- fore the program was expanded to include domestic amine telecommunications policy, 9:30 a.m., SR–253. travel. Signed on April 22, 2004. (Public Law April 29, Subcommittee on Oceans, Fisheries and Coast Guard, to hold an oversight hearing to examine National 108–220) Oceanic and Atmospheric Administration, Department of f Commerce, 10 a.m., SR–253. Committee on Energy and Natural Resources: April 27, to COMMITTEE MEETINGS FOR FRIDAY, hold an oversight hearing to examine sustainable, low APRIL 23, 2004 emission, electricity generation, 10 a.m., SD–366. (Committee meetings are open unless otherwise indicated) April 27, Subcommittee on National Parks, to hold hearings to examine S. 1064, to establish a commission Senate to commemorate the sesquicentennial of the American No meetings/hearings scheduled. Civil War, S. 1092, to authorize the establishment of a national database for purposes of identifying, locating, House and cataloging the many memorials and permanent trib- Committee on Government Reform, hearing on Justice for utes to America’s veterans, S. 1748, to establish a pro- All: A Review of the Operations of the District of Co- gram to award grants to improve and maintain sites hon- lumbia Superior Court, 10 a.m., 2154 Rayburn. oring Presidents of the United States, S. 2046, to author- ize the exchange of certain land in Everglades National f Park, S. 2052, to amend the National Trails System Act CONGRESSIONAL PROGRAM AHEAD to designate El Camino Real de los Tejas as a National Historic Trail, and S. 2319, to authorize and facilitate Week of April 26 through May 1, 2004 hydroelectric power licensing ofthe Tapoco Project, 2:30 p.m., SD–366. Senate Chamber April 28, Full Committee, business meeting to con- On Monday, at 2 p.m., Senate will resume consid- sider pending calendar business, 11:30 a.m., SD–366. eration of the motion to proceed to consideration of Committee on Environment and Public Works: April 28, to S. 150, Internet Tax Non-Discrimination Act, with hold hearings to examine the reauthorization of the Eco- a vote on the motion to invoke cloture to occur at nomic Development Administration, 9:30 a.m., SD–406. approximately 5:30 p.m. Committee on Finance: April 27, Subcommittee on Inter- national Trade, with the Subcommittee on Health Care, During the balance of the week, Senate may con- to hold joint hearings to examine international trade and sider any other cleared legislative and executive busi- pharmaceuticals, 10 a.m., SD–215. ness. April 28, Full Committee, to hold hearings to examine Senate Committees fraud and abuse in Medicare’s power wheelchair program, 10 a.m., SD–215. (Committee meetings are open unless otherwise indicated) Committee on Foreign Relations: April 28, to hold hear- Committee on Appropriations: April 28, Subcommittee on ings to examine the nominations of James Francis Defense, to hold hearings to examine medical programs Moriarty, of Virginia, to be Ambassador to Nepal, in the armed services, 10 a.m., SD–192. Michele J. Sison, of Maryland, to be Ambassador to the April 29, Subcommittee on Commerce, Justice, State, United Arab Emirates, and Thomas Charles Krajeski, of and the Judiciary, to hold hearings to examine intellec- Virginia, to beAmbassador to Yemen, 10 a.m., SD–419. tual property issues, 10 a.m., SD–192. April 28, Full Committee, to hold hearings to examine Committee on Armed Services: April 27, business meeting the nominations of Constance Berry Newman, to be an to consider the nominations of Tina Westby Jonas, of Assistant Secretary of State for African Affairs, Aubrey Virginia, to be Under Secretary of Defense (Comptroller), Hooks, of Virginia, to be Ambassador to the Republic of Dionel M. Aviles, of Maryland, to be Under Secretary of Cote d’Ivoire, Thomas Neil Hull III, of New Hampshire, the Navy, and Jerald S. Paul, of Florida, to be Principal to be Ambassador to Sierra Leone, and Roger A. Meece, Deputy Administrator, National Nuclear Security Admin- of Washington, to be Ambassador to the Congo, 3 p.m., istration, 9:30 a.m., SR–222. SD–419.

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April 29, Full Committee, business meeting to con- April 29, Subcommittee on Foreign Operations, Export sider pending nominations, 9:30 a.m., SD–419. Financing and Related Programs, on Security Assistance Committee on Governmental Affairs: April 28, to hold Budget Request, 10 a.m., 2359 Rayburn. hearings to examine the use and prevention of abuse of April 29, Subcommittee on Labor, Health and Human government purchase cards, 10 a.m., SD–342. Services, Education and Related Agencies, on Substance April 29, Full Committee, to hold a hearing to exam- Abuse and Mental Health Research and Services, 10 a.m., ine the nomination of Dawn A. Tisdale, of Texas, to be 2358 Rayburn. a Commissioner of the Postal Rate Commission; to be April 29, Subcommittee on Legislative, on Architect of immediately followed by a hearing to examine the nomi- the Capitol, 1 p.m., and on Library of Congress, 2 p.m., nation of David Safavian, of Michigan, to be Adminis- H–140 Capitol. trator for Federal Procurement Policy, Office of Manage- April 29, Subcommittee on Transportation, Treasury, ment and Budget, 10 a.m., SD–342. and Independent Agencies, on Federal Highway Adminis- Committee on Health, Education, Labor, and Pensions: April tration (Environmental Streamlining), 10 a.m., 2358 Ray- 28, Subcommittee on Children and Families, to hold burn. hearings to examine how to promote a healthy marriage, Committee on Education and the Workforce, April 27, Sub- 2 p.m., SD–430. committee on Education Reform, hearing entitled ‘‘Exam- Committee on Indian Affairs: April 28, to hold hearings ining Success in Vocational Education,’’ 1 p.m., 2175 to examine S. 2172, to make technical amendments to Rayburn. the provisions of the Indian Self Determination and Edu- April 28, full Committee, hearing entitled ‘‘Assessing cation Assistance Act relating to contract support costs, the Impact of the Labor Department’s Final Overtime 10 a.m., SR–485. Regulations on Workers and Employers Overtime Regu- April 29, Full Committee, to hold hearings to examine lations,’’10:30 a.m., 2175 Rayburn. S. 2301, to improve the management of Indian fish and April 29, Subcommittee on Employer-Employee Rela- wildlife and gathering resources, 10 a.m., SR–485. tions, hearing entitled ‘‘Examining Long-Term Solutions Committee on the Judiciary: April 27, to hold hearings to to Reform and Strengthen the Defined Benefit Pension examine the nomination of Brett M. Kavanaugh, of Mary- System,’’ 10:30 a.m., 2175 Rayburn. land, to be United States Circuit Judge for the District Committee on Energy and Commerce, April 29, Sub- of Columbia Circuit, 10 a.m., SD–226. committee on Commerce, Trade and Consumer Protec- April 28, Full Committee, to hold hearings to examine tion, hearing entitled ‘‘Spyware: What You Don’t Know safeguarding the future of American live theater relating Can Hurt You,’’10 a.m., 2322 Rayburn. to the Playwrights Licensing Antitrust Initiative Act, 2 Committee on Financial Services, April 28, Subcommittee p.m., SD–226. on Capital Markets, Insurance, and Government Spon- Select Committee on Intelligence: April 27, closed business sored Enterprise and the Subcommittee on Oversight and meeting to consider certain intelligence matters, 2:30 Investigations, joint hearing entitled: ‘‘A Review of TRIA p.m., SH–219. and Its Effect on the Economy: Helping America Move April 28, Full Committee, to hold closed hearings to Forward’’, 10 a.m., 2128 Rayburn. examine certain intelligence matters, 2:30 p.m., SH–219. April 28, Subcommittee on Domestic and International April 29, Full Committee, closed business meeting to Monetary Policy, Trade and Technology, hearing entitled markup proposed legislation authorizing funds for fiscal ‘‘Money Matters: Coin and Currency Design and Counter- year 2005 for the intelligence community, 2:30 p.m., feiting Issues,’’ 2 p.m., 2128 Rayburn. SH–219. Committee on Government Reform, April 29, hearing enti- Special Committee on Aging: April 27, to hold hearings tled ‘‘Transforming the National Guard: Resourcing for to examine opportunities and challenges relating to assist- Readiness,’’ 10 a.m., 2154 Rayburn. ive technologies for independent aging, 10 a.m., SD–628. Committee on International Relations, April 28, hearing on the United Nations Oil-for-Food Program: Issues of Ac- House Committees countability and Transparency, 10:30 a.m., 2172 Ray- Committee on Agriculture, April 28, hearing to review burn. Agricultural Trade Negotiations, 10 a.m., 1300 Long- April 28, Subcommittee on Asia and the Pacific, hear- worth. ing on North Korea: Human Rights, Refugees and Hu- Committee on Appropriations, April 27, Subcommittee on manitarian Challenges, 1:30 p.m., 2172 Rayburn. Labor, Health and Human Services, Education and Re- Committee on the Judiciary, April 29, Subcommittee on lated Agencies, to continue appropriation hearings, 10 Immigration, Border Security and Claims, oversight hear- a.m., 2358 Rayburn. ing entitled ‘‘The Diversity Visa Program, and Its Sus- April 28, Subcommittee on Labor, Health and Human ceptibility to Fraud and Abuse,’’ 10 a.m., 2141 Rayburn. Services, Education, and Related Agencies, on Global Committee on Resources, April 28, hearing on H.R. 2933, Disease, 10:15 a.m., 2358 Rayburn. Critical Habitat Reform Act of 2003, 10 a.m., 1324 April 28, Subcommittee on Legislative, on GOP, and Longworth. Capitol Police, 1 p.m., H–140 Capitol. April 28, Subcommittee on Forests and Forest Health, April 28, Subcommittee on Transportation, Treasury hearing on the following bills: H.R. 3744, To authorize and Independent Agencies, on Federal Transit Adminis- the Secretary of Agriculture to sell or exchange all or part tration, 10 a.m., 2358 Rayburn. of certain administrative sites and other land in the

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Ozark-St. Francis and Ouachita National Forests and to following: The Cape Town Treaty; and H.R. 4056, Com- use funds derived from the sale or exchange to acquire, mercial Aviation MANPADS Defense Act of 2004, 10 construct, or improve administrative sites; S. 33, To au- a.m., 2167 Rayburn. thorize the Secretary of Agriculture to sell or exchange all Committee on Veterans’ Affairs, April 28, Subcommittee or part of certain administrative sites and other land in on Oversight and Investigations, hearing on the Depart- the Ozark-St. Francis and Ouachita National Forests and ment of Veterans Affairs’ research on Alzheimer’s, Diabe- to use funds derived from the sale or exchange to acquire, tes and Parkinson’s diseases, 10 a.m., 334 Cannon. construct, or improve administrative sites; S. 434, Idaho April 29, Subcommittee on Benefits, hearing on the Panhandle National Forest Improvement Act of 2003; S. following measures: H.R. 348, Prisoners of War Benefits 435, Sandpoint Land and Facilities Conveyance Act of Act of 2003; H.R. 843, Injured Veterans Benefits Eligi- 2003; and S. 1537, To direct the Secretary of Agriculture bility Act of 2003; H.R. 1735, To amend title 38, to convey to the New Hope Cemetery Association certain United States Code, to increase the maximum amount of land in the State of Arkansas for use as a cemetery, 2 a home loan guarantee available to a veteran; H.R. 2206, p.m., 1334 Longworth. Prisoner of War/Missing in Action National Memorial April 29, Subcommittee on Fisheries Conservation, Act; H.R. 2612, Veterans Adapted Housing Expansion Wildlife and Oceans, an oversight hearing on the Inter- Act of 2003; H.R. 4065, Veterans Housing Affordability national Aspects of Fish and Wildlife Conservation and Act of 2004; H.R. 3936, To amend title 38, United Management, 10 a.m., 1324 Longworth. States Code, to authorize the principal office of the April 29, Subcommittee on National Parks, Recreation United States Court of Appeals for Veterans Claims to be and Public Lands, hearing on the following bills: H.R. at any location in the Washington, D.C., metropolitan 3638, Redwood National Park Boundary Adjustment Act area, rather than only in the District of Columbia, and of 2003; H.R. 3932, To amend Public Law 99–338 to expressing the sense of Congress that a dedicated Veterans authorize the continued use of certain lands within the Courthouse and Justice Center should be provided for Sequoia National Park by portions of an existing hydro- that Court and those it serves and should be located, if electric project; and S. 144, Noxious Weed Control Act feasible, at a site owned by the United States that is part of 2003, 10 a.m., 1334 Longworth. of or proximate to the Pentagon Reservation; a measure Committee on Rules, April 29, hearing to address mass to create an open period for certain active duty incapacitation of Members and the quorum requirement servicemembers to elect to participate in the program of in the context of the Continuity of Congress, 10 a.m., basic educational assistance under the Montgomery GI H–313 Capitol. Bill; a measure to direct the Secretary of the Veterans Af- Committee on Science, April 28, Subcommittee on Envi- fairs to contract for a report on employment placement, ronment, Technology, and Standards, hearing entitled retention, and advancement of recently separated veterans; ‘‘Fiscal Year 2005 National Institute of Standards and and a measure to codify certain additional diseases as es- Technology Budget: Views from Industry,’’ 10 a.m., tablishing a presumption of service-connection when oc- 2318 Rayburn. curring in veterans exposed to ionizing radiation during April 29, full Committee, hearing on the High Per- active military, naval, or air service, 10 a.m., 334 Can- formance Computing Revitalization Act of 2004, 10 a.m., non. 2318 Rayburn. Committee on Ways and Means, April 29, Subcommittee Committee on Small Business, April 29, Subcommittee on on Human Resources, hearing on the Supplemental Secu- Workforce, Empowerment and Government Programs, rity Income program, 10 a.m., B–318 Rayburn. hearing on Would an Increase in the Federal Minimum April 29, Subcommittee on Trade, hearing on trade Wage Help or Hinder Small Business? 10:30 a.m., 311 with sub-Saharan Africa and H.R. 4103, AGOA Accel- Cannon. eration Act of 2004, 1 p.m., 1100 Longworth. Committee on Transportation and Infrastructure, April 28, Select Committee on Homeland Security, April 28, Sub- Subcommittee on Coast Guard and Maritime Transpor- committee on Emergency Preparedness and Response, tation, hearing on Integrated Deepwater System, 10 a.m., oversight hearing entitled ‘‘The Office for Domestic Pre- 2167 Rayburn. paredness First Responder Assistant Programs,’’ 10:30 April 28, Subcommittee on Water Resources and Envi- a.m., 2212 Rayburn. ronment, oversight hearing on Aging Water Supply In- April 29, Subcommittee on Infrastructure and Border frastructure, 2 p.m., 2167 Rayburn. Security, hearing entitled ‘‘From Rail to Air: The Trans- April 29, Subcommittee on Aviation, oversight hearing portation Security Administration’s Progress in Enhanc- on The Cape Town Treaty; followed by a markup of the ing Homeland Security,’’ 11 a.m., 2212 Rayburn.

VerDate mar 24 2004 06:09 Apr 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP4.REC D22AP4 D400 CONGRESSIONAL RECORD — DAILY DIGEST April 22, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, April 26 12 noon, Monday, April 26

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: The House will meet in pro morning business (not to extend beyond 2 p.m.), Senate forma session. will resume consideration of the motion to proceed to consideration of S. 150, Internet Tax Non-Discrimination Act, with a vote on the motion to invoke cloture to occur at approximately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Duncan, John J., Jr., Tenn., E621 Larson, John B., Conn., E643 Rodriguez, Ciro D., Tex., E626, E627, Emanuel, Rahm, Ill., E609, E611 Lee, Barbara, Calif., E615 E628 Ackerman, Gary L., N.Y., E640 Engel, Eliot L., N.Y., E643 Levin, Sander M., Mich., E624 Rogers, Mike, Ala., E632 Andrews, Robert E., N.J., E623 Frost, Martin, Tex., E610, E612, E614, LoBiondo, Frank A., N.J., E620 Roybal-Allard, Lucille, Calif., E638 Baca, Joe, Calif., E617, E641 E625 McCarthy, Carolyn, N.Y., E641 Sanchez, Loretta, Calif., E624, E635 Baldwin, Tammy, Wisc., E608, E610 Gerlach, Jim, Pa., E626, E627, E628 McCotter, Thaddeus G., Mich., E637 Sandlin, Max, Tex., E642 Berman, Howard L., Calif., E624 Gonzalez, Charles A., Tex., E626 McInnis, Scott, Colo., E626, E627, E627, Saxton, Jim, N.J., E622 Brady, Robert A., Pa., E629, E630 Gordon, Bart, Tenn., E637 E628, E629, E630 Schakowsky, Janice D., Ill., E642 Burgess, Michael C., Tex., E633 Granger, Kay, Tex., E621 McNulty, Michael R., N.Y., E641 Schiff, Adam B., Calif., E634 Cardin, Benjamin L., Md., E642 Green, Mark, Wisc., E613 Maloney, Carolyn B., N.Y., E619 Serrano, Jose´ E., N.Y., E610, E612 Clay, Wm. Lacy, Mo., E632 Grijalva, Rau´ l M., Ariz., E616 Manzullo, Donald A., Ill., E617 Simmons, Rob, Conn., E636 Conyers, John, Jr., Mich., E620 Hart, Melissa A., Pa., E613 Costello, Jerry F., Ill., E614 Holden, Tim, Pa., E640 Matsui, Robert T., Calif., E644 Skelton, Ike, Mo., E615, E638 Crowley, Joseph, N.Y., E639 Jenkins, William L., Tenn., E614 Meehan, Martin T., Mass., E629, E629 Slaughter, Louise McIntosh, N.Y., E633 Cummings, Elijah E., Md., E632 Johnson, Sam, Tex., E599 Meek, Kendrick B., Fla., E641 Smith, Christopher H., N.J., E615 Cunningham, Randy ‘‘Duke’’, Calif., Kilpatrick, Carolyn C., Mich., E620 Menendez, Robert, N.J., E636 Solis, Hilda L., Calif., E637 E622 Kirk, Mark Steven, Ill., E614, E638 Moore, Dennis, Kansas, E613 Stark, Fortney Pete, Calif., E616, E633 Davis, Jim, Fla., E620, E626, E627, E628 Knollenberg, Joe, Mich., E615 Murtha, John P., Pa., E635 Tauscher, Ellen O., Calif., E608, E611 Davis, Jo Ann, Va., E622 Kucinich, Dennis J., Ohio, E634 Nethercutt, George R., Jr., Wash., E636 Thomas, William M., Calif., E621 Davis, Tom, Va., E609, E611 Langevin, James R., R.I., E633, E643 Paul, Ron, Tex., E625 Udall, Mark, Colo., E609, E611 DeLauro, Rosa L., Conn., E640 Lantos, Tom, Calif., E610, E612, E613, Payne, Donald M., N.J., E635 Van Hollen, Chris, Md., E638 Diaz-Balart, Lincoln, Fla., E630 E639 Porter, Jon C., Nev., E625 Waxman, Henry A., Calif., E639 Dingell, John D., Mich., E631 Larsen, Rick, Wash., E634 Pryce, Deborah, Ohio, E614 Wexler, Robert, Fla., E644

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